offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick Peace whereby to put an end to these present Miseries hath commanded this full and plain Narrative of all the Passages concerning that Treaty to be made and published AFter His Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them and all Indictments Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such Penalties as by mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29 of Novemb. 1643. and joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses shall agree upon after Consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce the proof thereof to your Lordships Their further Answer 1. February WE will represent both your Lordships Papers concerning Master Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the order before mentioned do follow the Passages and Papers concerning Religion Their Paper 31. January ACcording to the Paper delivered by us to your Lordships yesternight we do now offer these Propositions following which concern Religion That the Bill be passed for abolishing and taking away of all Arch-Bishops Bishops c. according to the Third Proposition That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses of the Parliament of England and the Propositions concerning Church-Government hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and Uniformity according to the Fifth Proposition That His Majesty take the Solemn League and Covenant and that the Covenant be enjoyned to be taken according to the Second Proposition To this was annexed the following Paper of the 31. January That the ordinary way of dividing Christians into distinct Congregations and most expedient for Edification is by the respective bounds of their Dwellings That the Minister and other Church-Officers in each particular Congregation shall joyn in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be governed by Congregational Classical and Synodical Assemblies in such manner as shall be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the Propositions concerning Religion with the Paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiastical and Civil State we desire to know whether your Lordships have power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any Alterations in the said Propositions if we shall make it appear to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any Alteration Their Answer 1. February OUR Paper given in to your Lordships concerning Religion doth contain no Alterations but such as are usual in a time of Reformation and by the wisdom of the Parliaments of both Kingdoms are judged necessary at this time for settling Religion and Peace And as by our Commissions and Papers formerly shewed your Lordships we have made known our Power to Treat upon them so are we ready by Debate to shew how reasonable they are and that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther Power we have by our Instructions it is that we have no warrant to do as we have already signified to your Lordships by a former Paper The King's Commissioners Paper 1. February YOUR Lordships first Proposition in the Paper concerning Religion referring to the Third Proposition sent to His Majesty we find that refers to the Articles of the late Treaty of the date at Edenburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that Paper referring to the Ordinances concerning the Calling and sitting of the Assembly of Divines we desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the third Paper we now deliver in the Articles of the late Treaty of the date at Edenburgh 29. of November 1643. and the joynt Declaration of both Kingdoms and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and sitting of the Assembly of Divines The King's Commissioners Paper 1. Feb. VVE desire to know whether the Propositions which we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded by us unto your Lordships upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we do first desire your Answer to the Paper touching Religion given in yesterday that some good progress may be made therein before the three days assigned to Treat upon Religion in the first place do expire The King's Commissioners Paper 1. Feb. VVE desired to know whether the Propositions we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great Alterations are proposed by you to have a full view of the whole Alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possible give a present Judgment of any part till we have a prospect of the Whole But since your Lordships do not yet think it time to let us have a sight of the rest but first desire our Answer to the Paper delivered yesterday which contains many particulars of which we never heard before we shall apply our selves to understand the things proposed by you in such manner as we may return your Lordships a speedy Answer and to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the Directory for Worship being so long was delivered to us but yesterday that the Covenant the Articles of the Treaty of Edenburgh the Declaration of both Kingdoms which are comprehended within the First Proposition were delivered to us but this day and therefore we could return no Answer concerning the Bill for abolishing Arch-bishops and Bishops which is proposed to be passed according to the Third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us we are confident your Lordships will not think us negligent in making as good a progress in the Treaty upon Religion as is in our power which we shall endeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the Subject of Religion which are here before set down the Kings Commissioners delivered in this following Paper 1. Feb. THE Information we
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
passed for abolishing Bishops and all Appendants to them 10. That the Ordinances for disposing of Bishops Lands be confirmed by Act. 11. That an Act be passed for the sale of Church-Lands 12. That Delinquents be proceeded against and their Estates disposed of according to the several Qualifications 13. Than an Act be passed for discharge of Publick Debts 14. That Acts be passed for settling the Presbyterian Government and Directory Fourteen of the Thirty nine Articles revised by the Assembly of Divines Rules and Directions concerning Suspension from the Lords Supper 15. That the chief Governour and Officers in Ireland and the great Officers in England be nominated by both Houses 16. That an Act be passed for conviction of Popish Recusants 17. That an Act be passed for the Education of the Children of Papists by Protestants 18. That an Act be passed for levying the Penalties against Popish Recusants 19. That an Act be passed for preventing the Practices of Papists against the State and hearing Mass 20. That an Act be passed for Observation of the Lords day 21. And a Bill for suppressing Innovations 22. And for advancement of Preaching 23. And against Pluralities and Non-residency They have also commanded us to desire That Your Majesty give Your Royal Assent to these Bills by Your Letters-Patents under the Great Seal of England and signed by Your Hand and Declared and Notified to the Lords and Commons assembled together in the House of Peers according to the Law declared in that behalf it appearing unto them upon mature deliberation that it stands not with the Safety and Security of the Kingdom and Parliament to have Your Majesties Assent at this time given otherwise They desire therefore that Your Majesty be pleased to grant Your Warrant for the draught of a Bill for such Your Letters Patents to be presented to Your Majesty and then a Warrant to Edward Earl of Manchester and William Lenthal Esquire Speaker of the House of Commons who have now the Custody of the Great Seal of England to put the same of Your Majesties Letters-Patents signed as aforesaid thereby authorizing Algernon Earl of Northumberland Henry Earl of Kent John Earl of Rutland Philip Earl of Pembroke William Earl of Salisbury Robert Earl of Warwick and Edmond Earl of Moulgrave or any three of them to give Your Majesties Royal Assent unto the said Bills according to the Law in that behalf declared And for the other particulars contained in the aforementioned Propositions the two Houses of Parliament will after such Your Majesties Assent given to the said Bills send a Committee of both Houses to Treat with Your Majesty in the Isle of Wight thereupon The Paper of the Scots Commissioners delivered to His MAJESTY when the Four Bills and Propositions were presented THere is nothing which we have more constantly endeavoured and do more earnestly desire than a good Agreement and happy Peace between Your Majesty and Your Parliaments of both Kingdoms neither have we left any means unassayed that by united Counsels with the Houses of the Parliament of England and by making joynt Applications to Your Majesty there might be a composure of all Differences But the new Propositions communicated to us by the Houses and the Bills therewith presented to Your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendred to Your Majesty London Lauderdale Char. Erskin Hu. Kennedy Ro. Berclay His MAJESTIES Answer to the Four Bills and Propositions Dec. 28. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least Difficulties He hath met with since the time of His Afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his Consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot imagine how to give such an Answer to what is now proposed as thereby to promise himself his great End A Perfect Peace And when his Majesty farther considers how impossible it is in the condition he now stands to fulfil the desires of his two Houses since the only ancient and known ways of passing Laws are either by his Majesties Personal Assent in the House of Peers or by Commission under his Great Seal of England he cannot but wonder at such failings in the manner of Address which is now made unto him unless his two Houses intend that his Majesty shall allow of a Great Seal made without his Authority before there be any consideration had thereupon in a Treaty which as it may hereafter hazard the Security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a Treaty was only to obtain a Trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the devesting himself of all Sovereignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an Arbitrary and unlimited Power to the two Houses for ever to raise and levy Forces for Land or Sea-service of what persons without distinction or quality and to what numbers they please and likewise for the payment of them to levy what moneys in such sort and by such ways and means and consequently upon the Estates of whatsoever persons as they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties Trust in protecting them So that if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills his Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto and if not what a strange condition after the passing of these Four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding
or the not few years that I have been setled in my Principles it ought to be no strange thing if it be found no easie work to make Me alter them and the rather that hitherto I have according to Saint Paul's rule Rom. 14. 22. been happy in Not condemning my self in that thing which I allow Thus having shewed you How it remains to tell you what I believe in relation to these miserable Distractions No one thing made Me more reverence the Reformation of My Mother the Church of England than that it was done according to the Apostles defence Acts 24. 18. neither with multitude nor with tumult but legally and orderly and by those whom I conceive to have the Reforming power which with many other inducements made Me alwaies confident that the work was very perfect as to Essentials of which number Church-Government being undoubtedly one I put no question but that would have been likewise altered if there had been cause Which opinion of Mine was soon turned into more than a confidence when I perceived that in this particular as I must say of all the rest we retained nothing but according as it was deduced from the Apostles to be the constant universal custom of the Primitive Church and that it was of such consequence as by the alteration of it we should deprive our selves of a lawful Priesthood and then how the Sacraments can be duly administred is easie to judge These are the principal Reasons which make Me believe that Bishops are necessary for a Church and I think sufficient for Me if I had no more not to give my consent for their expulsion out of England But I have another obligation that to My particular is a no less tie of Conscience which is my Coronation Oath Now if as S. Paul saith Rom. 14. 23. He that doubeth is damned if he eat what can I expect if I should not only give way knowingly to my Peoples sinning but likewise be perjured My self Now consider ought I not to keep My self from presumptuous sins and you know who saies What doth it profit a Man though he should gain the whole World and lose his own Soul Wherefore my constant maintenance of Episcopacy in England where there was never any other Government since Christianity was in this Kingdom methinks should be rather commended than wondred at my Conscience directing Me to maintain the Laws of the Land which being only my endeavours at this time I desire to know of you what warrant there is in the Word of God for Subjects to endeavour to force their King's Conscience or to make him alter Laws against his will If this be not My present case I shall be glad to be mistaken or if my Judgment in Religion hath been misled all this time I shall be willing to be better directed till when you must excuse Me to be constant to the Grounds which the King my Father hath taught Me. Newcastle May 29. 1646. C. R. II. Mr Alexander Henderson's First Paper For His MAJESTY SIR IT is Your Majestie 's Royal Goodness and not my merit that hath made Your Majesty to conceive any opinion of my Abilities which were they worthy of the smallest testimony from Your Majesty ought in all duty to be improved for Your Majestie 's satisfaction And this I intended in my coming here at this time by a free yet modest expression of the true motives and inducements which drew my mind to the dislike of Episcopal Government wherein I was bred in my younger years in the University Like as I did apprehend that it was not Your Majestie 's purpose to have the Question disputed by Divines on both sides which I would never to the wronging of the Cause have undertaken alone and which seldom or never hath proved an effectual way for finding of Truth or moving the minds of Men to relinquish their former Tenents Dum res transit à judicio in affectum witness the Polemicks between the Papists and us and among our selves about the matter now in hand these many years past 1. SIR when I consider Your Majestie 's Education under the hand of such a Father the length of time wherein Your Majesty hath been setled in Your Principles of Church-Government the Arguments which have continually in private and publick especially of late at Oxford filled Your Majestie 's ears for the Divine Right thereof Your Coronation Oath and divers State reasons which Your Majesty doth not mention I do not wonder nor think it any strange thing that Your Majesty hath not at first given place to a contrary impression I remember that the famous Joannes Picus Mirandula proveth by irrefragable Reasons which no rational man will contradict That no man hath so much power over his own Vnderstanding as to make himself believe what he will or to think that to be true which his Reason telleth him is false much less is it possible for any Man to have his Reason commanded by the will or at the pleasure of another 2. It is a true saying of the School-men Voluntas imperat intellectui quoad exercitium non quoad specificationem Mine own will or the will of another may command me to think upon a matter but no will or command can constrain me to determine otherwise than my Reason teacheth me Yet Sir I hope Your Majesty will acknowledge for Your Paper professeth no less that according to the saying of Ambrose Non est pudor ad meliora transire It is neither sin nor shame to change to the better Symmachus in one of his Epistles I think to the Emperours Theodosius and Valentinian alledgeth all those motives from Education from Prescription of time from worldly Prosperity and the flourishing condition of the Roman Empire and from the Laws of the Land to perswade them to constancy in the ancient Pagan profession of the Romans against the imbracing of the Christian Faith The like reasons were used by the Jews for Moses against Christ and may be used both for Popery and for the Papacy it self against the Reformation of Religion and Church-Government and therefore can have no more strength against the Change now than they had in former times 3. But Your Majesty may perhaps say That this is petitio principii and nothing else but the begging of the Question and I confess it were so if there can be no Reasons brought for a Reformation or Change Your Majesty reverences the Reformation of the Church of England as being done legally and orderly and by those who had the Reforming Power and I do not deny but it were to be wish'd that Religion where there is need were alwaies Reformed in that manner and by such power and that it were not committed to the Prelates who have greatest need to be reformed themselves nor left to the multitude whom God stirreth up when Princes are negligent Thus did Jacob reform his own Family Moses destroyed the golden Calf the good Kings of Judah reformed the Church
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King Bradshaw Sir you have now spoken KING Yes Sir Bradshaw And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before KING Pray excuse Me Sir for My interruption because you mistake Me. It is not a declining of it you do judge Me before you hear Me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject then the shame is Mine Now I desire that you will take this into your Consideration if you will I will withdraw Bradshaw Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court. Sir you say you do not decline the Jurisdiction of the Court. KING Not in this that I have said Bradshaw I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence It is not as you say That they will not hear their King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any Answer at all Sir this tends to a further Delay Truly Sir such Delays as these neither may the Kingdom nor Justice well bear You have had three several days to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so But Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound to grant But Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes who could not stifle the reluctance of his Conscience when he saw his Majesty press so earnestly for a short hearing but declaring himself unsatisfied forced them to yield to the King's Request KING Shall I withdraw Bradshaw Sir You shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms. The Court gives command that the Prisoner be withdrawn and they give order for his return again Then withdrawing into the Chamber of the Court of Wards their business was not to consider of his Majesties desire but to Chide Downes and with reproaches and threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Armes send for your Prisoner Who being come Bradshaw proceeded Sir you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an Answer before the Court adjourned truly Sir their withdrawing and adjournment was pro forma tantùm for it did not seem to them that there was any difficulty in the thing They have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the supreme Authority of the Commons of England assembled in Parliament the Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further Delay and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice they are good words in the Great old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam there must be no delay But the truth is Sir and so every man here observes it that you have much delayed them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that is their unanimous Resolution KING Sir I know it is in vain for Me to dispute I am no Sceptick for to deny the Power that you have I know that you have Power enough Sir I must confess I think it would have been for the Kingdoms Peace if you would have taken the pains for to have shewn the Lawfulness of your Power For this Delay that I have desired I confess it is a Delay but it is a Delay very important for the Peace of the Kingdom for it is not My Person that I look at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of a hasty Sentence I confess I have been here now I think this Week this day eight dayes was the day I came here first but a little Delay of a day or two further may give Peace whereas a hasty Judgment may bring on that Trouble and perpetual Inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence KING I say this Sir That if you hear Me if you will give
wish that they may repent for indeed they have committed a great Sin in that particular I pray God with Saint Stephen that this be not laid to their charge Nay not only so but that they may take the right way to the Peace of the Kingdom For My Charity commands me not only to forgive particular men but My Charity commands Me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all My Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First you are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way For Conquest Sir in My opinion is never just except there be a good just Cause either for matter of Wrong or just Title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that He was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scripture which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe He said Hurt not the Axe that may hurt Me. For the King the Laws of the Land will clearly instruct you for that therefore because it concerns My Own particular I only give you a touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Soveraign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse Me. I have delivered My Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what Your Majesty's affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die a Christian according to the Profession of the Church of England as I found it left Me by My Father and this honest man I think will witness it Then turning to the Officers he said Sirs Excuse Me for this same I have a good Cause and I have a gracious God I will say no more Then to Colonel Hacker He said Take care that they do not put Me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner He said I shall say but very short Prayers and when I thrust out My hands Then He called to the Bishop for His Cap and having put it on asked the Executioner Does My Hair trouble you Who desired Him to put it all under His Cap which as he was doing by the help of the Bishop and the Executioner He turned to the Bishop and said I have a good Cause and a gracious God on My side The Bishop said There is but one Stage more which though turbulent and troublesome yet is a very short one You may consider it will soon carry You a very great way it will carry You from Earth to Heaven and there You shall find to Your great joy the prize You hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good Exchange Then the King asked the Executioner Is My Hair well And taking off His Cloak and George He delivered His George to the Bishop saying Remember Then putting off His Doublet and being in His Wast-coat He put on His Cloak again and looking upon the Block said to the Executioner You must set it fast Execut. It is fast Sir KING It might have been a little higher Execut. It can be no higher Sir KING When I put out My hands this way then Then having said a few words to Himself as He stood with hands and eyes lift up immediately stooping down He laid His Neck upon the Block and the Executioner again putting His Hair under His Cap His Majesty thinking he had been going to strike bad him Stay for the Sign Execut. Yes I will and it please Your Majesty After a very short pause His Majesty stretching forth his hands the Executioner at one blow severed His Head from His Body Which being held up and shewed to the People was with His Body put into a Coffin covered with black Velvet and carried into His Lodging His Blood was taken up by divers persons for different ends by some as Trophies of their Villany by others as Reliques of a Martyr and in some hath had the
H. 3. 189. e. 3. 42. 17. 25. 27. 39. 21. 66. a. 1. 45. 31. 7. 4. 32. 18. 47. 46. 9. 3. d. 4. g. 4. 46. 35. 67. 48. 7. 40. 5. 43. 74. 3. 41. 7. 33. 62. 8. 63. 68. 50. 64. 34. 9. 51. 45. 69. 46 37. dear 45. 31. 7. 1. 33. 18. 49. 47. 19. 21. 10. 70. 13. 7. 45. 58. 8. 9. 41. 10. this a 2. 324. in the mean time 46. 31. 7. 50. e. 3. 20. 3. 6. 8. 48. 75. 41. 9. 2. upon 60. 19. 50. 61. 27. 26. 7. 69. 12. 19. 47. 45. 8. 24. Yesterday there were Articles of a Cessation brought Me from London but so unreasonable that I cannot grant them yet to undeceive the people by shewing it is not I but those who have caused and fostered this Rebellion that desire the continuance of this War and universal Distraction I am framing Articles fit for that purpose both which by My next I mean to send Thee 219. b. 3. 58. 51. 75. 46. 7. 3. 45. 37. 2. 189. 46. 38. 1. g. 1. 173. 131. which I think fit to be done a 5. 4. 30. 3. n. 5. d. 3. 46. 31. 8. 10. 2. 32. 18. 64. 7. 3. 45. 31. 9. 66. 46. 32. 19. 41. 25. 48. k. 1. e. 4. 67. 69. 63. I am now confident that 173. is right for My service Since the taking of Cicester there is nothing of note done of either side wherefore that little news that is I leave to others Only this I assure Thee That the distractions of the Rebels are such that so many fine designs are laid open to us We know not which first to undertake But certainly My first and chiefest care is and shall be to secure Thee and hasten Our meeting So longing to hear from Thee I rest eternally Thine C. R. Oxford 12 2 March 1643-42 The Last I received of Thine was dated the 16 3 Febr. and I believe none of My four last are come to Thee Their Dates are 13 3. 23 13. 25 15. Febr. and 20 Febr. or March the 2. MDCXLIII A Declaration of the Lords and Commons assembled in Parliament upon the Proceedings in the late Treaty and the aforesaid Letters THE Lords and Commons assembled in Parliament being deeply afflicted with a sorrowful sense of the miserable Distractions of this Kingdom overwhelmed with the Calamities of the worst kind of War have by several Petitions and many humble Addresses to His Majesty besought Him by removing the Causes thereof to put an end thereunto And although all their endeavours have not only proved fruitless but some of their Petitions received a denial even of Audience a favour not denied to the Rebels of Ireland which might very well justify them before God and Man to decline any further prosecution that way especially in a case where themselves and the Kingdom are the parties injured and oppressed yet their bowels did so much yearn after a happy Peace that they resolved notwithstanding their former discouragements to break through all difficulties and yet once more most humbly to represent to His Majesty the Miserable Distempers of His two Kingdoms of England and Ireland and if possibly they could to encline His Royal heart really to act what He hath so often verbally professed To compose those unhappy Distractions and restore His People to a blessed and lasting Peace And for that purpose about the first of February last they in all humbleness presented their Desires to His Majesty digested into Fourteen Propositions and how reasonable and indifferent those Propositions were they expose them to the view of the World to judge resting assured that no indifferent Man that shall duely weigh them with the time and circumstance will find any thing contained in them but what was necessary for the maintenance and advancement of the true Protestant Religion the due execution of Justice the preservation of the Liberty and Property of the Subject and the establishment of the Kingdoms Peace and Safety And because they might with all speed take off the Burthen under which this Kingdom did principally groan and stop the spring from whence most of these Calamities did flow they in the first place propounded That the Armies and Forces raised on both sides might be disbanded which being effected the Kingdom might with the more ease and security expect the issue of the Treaty and therefore they were very careful that no Proposition or Circumstance touching the Treaty should precede this His Majesty having received and considered these Propositions He not long after returned His Answer wherein He professeth to have given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People and desires a speedy time and place might be agreed upon for the meeting of such persons as His Majesty and both Houses should appoint to discuss those Propositions and six other Propositions made by His Majesty and sent with that Answer whereof one was That to the intent the Treaty might not suffer interruption by any intervening accidents that a Cessation of Arms and free Trade might be first agreed upon which Answer the Lords and Commons did take into their consideration And because His Majesty did desire that a Cessation might be first agreed upon they did accordingly submit thereunto though they had purposely avoided it before being unwilling to waste the time about the Shadow that would of it self vanish with the disbanding which they desired might be concluded in the first place But they were willing to give all satisfaction to His Majesty's Desires hoping thereby to incline Him the more readily to consent to their just Requests And according to their resolution they prepared ready the Articles of Cessation and that with as much equality and indifferency to both sides as possibly they could They likewise agreed to treat upon the Propositions before the Disbanding in which Treaty so much of His Majesty's Propositions as concerned His Majesty's Revenue Magazines Forts and Ships and the Propositions of both Houses for the Disbanding should be first treated of and concluded before the proceeding to treat upon any other and that this Treaty should begin the fourth of March or sooner if it might be and that from the beginning of the Treaty the time might not exceed twenty days They further resolved that a Committee of both Houses should be appointed to attend His Majesty if His Majesty should so please to endeavour to give Him all humble and fit satisfaction concerning the said Propositions All which their resolutions they forthwith by a Messenger dispatched for that purpose presented to His Majesty and not long after sent a Committee to attend Him And though they hoped for a ready concurrence from His Majesty to the Articles of Cessation the Proposition proceeding from Himself yet they received a return much contrary to their expectation where they found many scruples raised and other Articles propounded which being assented unto by them would inevitably destroy the Forces raised by them
Foreign Power to invade this Kingdom is from having the Countenance Authority and Approbation of the two Houses of Parliament The great Industry and ill Arts used by those who have since been principal Instruments of the present Rebellion to bring in Persons of their Faction into the House of Commons the admitting and receiving such who were neither lawfully chosen nor lawfully returned by their Country and the putting and keeping out others whose Opinions were not liked the reprehending reproaching and imprisoning of Members for speaking freely according to their Consciences in matters in debate the posting and setting up mens Names in publick places and proscribing them as Enemies to their Country who dissented in the Houses in opinion in matters debated and being complained plained of no reparation granted the sitting at unparliamentary hours thereby wearying and tiring many Members from attendance and so in a thin House altering and reversing the resolution taken in a full House the refusing to receive and suppressing Petitions against Persons in favour though in point of Bribery and corruption in Judicatory and the like of other Petitions from whole Counties for the preservation of the Government of the Church as from Notinghamshire and Somerseshire whilst others against it were received with great countenance and approbation from mean unknown People the getting with great labour and Faction several hands to Petitions from Counties and then framing new Petitions at London and annexing the hands formerly gotten in the Country to those Petitions of which they who subscribed their hands know nothing as in the Petition of Buckinghamshire and the setting names in London to Petitions in the name of as if they had been subscribed in remote Counties the usurping of Jurisdictions to supersede Acts of Parliament and to dispense with the breach of Laws in force the suffering undutiful and disloyal language against the Sacred Person of the King without so much as Reprehension and the denying His Majesty's Negative Voice we insist not so much on though very prejudicial and scandalous to the Privileges and Honour of Parliament as on those Acts of Force and Violence which are contrary and destructive to the Freedom and Liberty of Parliament Shortly after His Majesty returned from Scotland there being a very long debate in the House of Commons concerning an unparliamentary Remonstrance to be published to the People of the State of the Kingdom which many of us then thought might prove prejudicial to the Peace thereof Captain Venne then a Member of the House of Commons who had before bragged of having brought down the People upon the two Houses and so drawn Resolutions from them sent Notes in writing under his Hand into the City that the People should come down to Westminster for that the better part of the House was like to be over-powered by the worser part whereupon both at that time and some days after Multitudes of the meanest sort of people with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the Privilege of Parliament filled up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members proclaiming the Names of several of the Peers as evil and rotten-hearted Lords crying out many hours together against the established Laws in a most tumultuous and menacing way This action of Captain Venne's was complained of to the House of Commons and Witnesses offered to prove it a fellow who had assaulted and reproached a Member of the House of Commons in those Tumults was complained of and shewed to the House in the number of those who brought a Petition to the Bar and yet in neither of these cases Justice or so much as an Examination could be obtained Upon a suggestion and pretence of Danger and suit made to His Majesty a Guard was allowed and appointed by Him for the Security of both Houses shortly after this Guard was refused and discharged by themselves and a new Guard appointed by them without His Majesty's Consent thereby to awe all those who concurred not with them A legal Writ issuing out by the direction of the House of Peers under the Great Seal of England to prevent those Tumults which daily infested both Houses the Justices of the Peace for executing that Writ according to their Oaths were imprisoned by the House of Commons A Commission under the Great Seal of England for enquiry after Riots committed in Southwark was likewise superseded by an Order of the House of Commons and when the Lords desired by several Messages that the House of Commons would joyn with them in a Declaration against Tumults they refused or neglected to joyn with them it being said by Mr. Pym in the House of Commons God forbid we should dishearten our Friends who came to assist us And albeit some of the Lords professed that if the People were again drawn down in that tumultuous manner they would no more come to the House and albeit an Order was made that in such a case the House should be presently adjourned yet those Tumults again appearing that Order though urged by several Lords was not suffered to be executed The House of Commons having desired the House of Peers to join with them in desiring His Majesty that the Militia of this Kingdom might be put into such hands as both Houses did confide in and this desire having been put to the Question and carried negatively by much the major part of the Lords it being again resumed at another time contrary to the course of Parliament the debate was begun with a Declaration made by several of those Lords against whom that Question was twice carried by Votes and that by much the major part that whosoever refused in this particular to joyn with the House of Commons were in their opinions enemies to the State words destructive from the Liberty and Freedom of debate During the time that this business of the Militia was in debate that is before it had the approbation and consent of the House of Peers a Petition in a tumultuous manner was delivered to the House of Lords in the name of the Knights Gentlemen Free-holders and others the Inhabitants of the County of Hartford reckoning up the causes of the present Fears Troubles and Distractions and amongst them the want of Compliance in that Honourable House with the House of Commons in entertaining those many good motions and passing those necessary Bills presented to them from that House for the publick good and desiring liberty to protest against all those as Enemies to the publick who refused to joyn with the Honourable Lords whose endeavours were for the publick good and with the House of Commons for the putting the Kingdom into a posture of Safety under the Command of such persons as the Parliament should appoint Several Petitions of the same nature particularly one under the Title of the Knights Gentlemen Free-holders and other Inhabitants of the
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation when they could no longer subsist there and that there was no present use for them and before those Forces brought over there was an attempt to bring the Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than they would submit to that Cessation we know of none but it is manifest that divers who had left that Kingdom because they would have been famished if they had continued there since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just Reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lords Justices and Council there your Lordships need not doubt of the truth of the matter and for the Names of the single Persons subscribing we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their Prejudice if we should give in their Names Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the the two Houses of Parliament here shall upon such difference manage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earl of Leven must carry on the War according to his discretion for he is in no degree bound to observe the Orders or Directions of the Houses of Parliament in England by themselves Neither doth the asking His Majesties Consent at all alter the Case from what we stated it to your Lordships in our Paper of the 20. of this Instant for we said then and we say still that if His Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
your Lordships having proposed many important things in the said several particulars to be framed settled and disposed by the Two Houses before a full Agreement can be established we propose to your Lordships whether the two days remaining may not be best spent towards the satisfying your Lordships in those three Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repair to Westminster that so all Differences may be composed and this poor Kingdom be restored to its ancient Happiness and Security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best means whereby all Armies being first disbanded His Majesty may with Honour Freedom and Safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repair and residing at Westminster with Honour Freedom and Safety we shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that Subject And if your Lordships shall concur with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to us which we delivered to your Lordships Their Paper 20. Feb. VVE shall according to mutual agreement between His Majesty and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining days upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the Happiness of His Majesties Presence may again be enjoyed by those who have nothing more in their Prayers and endeavours then by His Majesties Conjunction with his Parliament to see all these sad Differences composed and these distracted Kingdoms restored to thein Ancient Happiness and Security Accordingly we shall be ready to begin again to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His Return to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the Reasons why your Lordships do not give us any Answer to our Paper concerning the Treating for the Disbanding all Armies and for His Majesties coming to Westminster may be because you have no Authority by your Instructions so to do though we proposed the same to your Lordships and do still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated and we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an Expedient for the publick Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the business of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applied Remedies to whatsoever hath ever been complained of as a Grievance in the present Government of the Church that your Lordships will make it appear that the Government by Bishops is unlawful or that the Government you intend to introduce in the room thereof is the only Government that is agreeable to the Word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. Feb. BY our Paper delivered to your Lordships 1. February we did desire to know whether your Lordships have any Instructions concerning his Majesties Propositions for settling a safe and well grounded Peace and by our Paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon and by our Paper of the Tenth of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to treat upon them when your Lordships should think fit and by our Paper delivered to your Lordships 14. Feb. we moved your Lordships upon Directions received from his Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties Letter which Letter we then delivered to your Lordships and by our Paper delivered to your Lordships the twentieth of this Month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties said Letter to which we have not yet received full Answer nor have we yet had any notice from your Lordships whether the Two Houses of Parliament have given any further time for this Treaty and having hitherto according to the order prescribed us Treated only upon the three first heads of Religion the Militia and Ireland and the Twenty days expiring this day we again desire to know whether there is any addition of time granted for this Treaty our Safe-Conduct being but for two days longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of February whether we had any Instructions concerning his Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 th and 20 th of Feb. concerning his Majesties Letter for an addition of time to this Treaty with your Lordships desire thereupon have been by us sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progress of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we do conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progress of this Treaty mutually consented to for twenty days upon the said Propositions we should have before this been enabled with power to continue the Treaty as well upon his Majesties as the rest of the Propositions But your Lordships having
both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates concerning the solemn League and Covenant and the Assistance demanded in pursuance of the Ends expressed in the same WHereas the two Houses of the Parliament of England out of a just and deep sense of the great and iminent Danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants and their Adherents raised and imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates and general Assembly there concerning such things as might tend to the preservation of Religion and the mutual good of both Nations and to that end to desire a more near and strict Union betwixt the Kingdoms and the Assistance of the Kingdom of Scotland by a considerable Strength to be raised and sent by them into the Kingdom of England and whereas upon a Consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and General Assembly no means was thought so expedient to accomplish and strengthen the Union as for both Nations to enter into a solemn League and Covenant and a form thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and General Assembly of Scotland which hath accordingly been done and received their respective Approbation and whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded whereby the Assistance desired might be made more effectual and beneficial and in pursuance thereof these Propositions following were considered of and debated by the Commitee and Commissioners aforesaid to be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should find cause which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formally to agree and conclude the same as may appear by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the seventeenth of November We the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following and in confirmation thereof do mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and General Assembly of Scotland and sent to both Houses of the Parliament of England in the same form as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the General Assembly be sworn and subscribed by both Kingdoms as a most near Tye and Conjunction between them for their mutual defence against the Papists and Prelatical Faction and their Adherents in both Kingdoms and for pursuance of the Ends expressed in the said Covenant 2. That an Army to this purpose shall be levied forthwith consisting of Eighteen thousand Foot effectivè and Two thousand Horse and One thousand Dragooners effectivè with a suitable Train of Artillery to be ready at some general Rendezvous near the Borders of England to march into England for the purposes aforesaid with all convenient speed the said Foot and Horse to be well and compleatly Armed and provided with Victuals and Pay for forty days and the said Train of Artillery to be fitted in all points ready to march 3. That the Army be commanded by a General appointed by the Estates of Scotland and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appointed by them in that behalf for pursuance of the Ends above-mentioned 4. That the Charge of levying arming and bringing the said Forces together furnished as also the fitting the Train of Artillery in readiness to march be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs All which for the present is to be done by the Kingdom of Scotland upon Accompt and the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is settled the same to be repay'd or satisfied to the Kingdom of Scotland 5. That this Army be likewise pay'd as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defraying thereof it not amounting to the full Months pay shall be Monthly allowed and pay'd the sum of Thirty thousand Pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelates Malignants and their Adherents or otherwise and in case the said Thirty thousand Pounds Monthly or any part thereof be not pay'd at the time when it shall become due and payable the Kingdom of England shall give the Publick Faith for the paying of the remainder unpay'd with all possible speed allowing the rate of Eight Pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly sum of Thirty thousand Pounds pay'd as aforesaid the States and Kingdom of Scotland shall have just cause to demand further satisfaction of their Brethren of England when the Peace of both Kingdoms is settled for the pains hazard and charges they have undergone in the same they shall by way of Brotherly assistance have due recompence made unto them by the Kingdom of England and that out of such Lands and Estates of the Papists Prelates Malignants and their Adherents as the two Houses of the Parliament of England shall think fit and for the assurance thereof the Publick Faith of the Kingdom of England shall be given them 6. And to the end the said Army in manner aforesaid may be enabled and prepared to march the Kingdom of England is to pay in ready Money to their Brethren of Scotland or such as shall have power from the Estates of that Kingdom the sum of One hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before-hand which is to be discounted back again
Rebels are not able to overcome His Majesties Army and devour His other good Subjects here as they desire yet both His Army and good Subjects are in danger to be devoured by the wants of needful Supplies forth of England For as we formerly signified thither those Forces were of necessity sent abroad to try what might be done for sustaining them in the Countrey so as to keep them alive until Supplies should get to us but that design now failing those our hopes are converted into astonishment to behold the unspeakable Miseries of the Officers and Soldiers for want of all things and all those Wants made the more unsupportable in the want of Food whilst this City being all the help we have is now too apparently found to be unable to help us as it hath hitherto done and divers Commanders and Officers in the Army do now so far express their sense of their Sufferings which indeed are very great and grievous as they declare that they have little hope to be supplied by the Parliament and press with so great importunity to be permitted to depart the Kingdom as it will be extream difficult to keep them here By our Letters of the three and twentieth of March we signified thither the unsupportable burthen laid on this City for Victualling those of the Army left here when the Lord Marquess with the Forces he took with him marched hence which burthen is found every day more heavy than other in regard of the many House-keepers thereby daily breaking up house and scattering their Families leaving still fewer to bear the burthen We also by those Letters and by our Letters of the five and twentieth of February advertised thither the high danger this Kingdom would incur if the Army so sent abroad should by any distress or through want be forced back hither again before our relief of Victuals should arrive forth of England When we found that those men were returning back hither although we were and are still full of Distraction considering the dismal consequences threatned thereby in respect of our Wants yet we consulted what we could yet imagine feasible that we had not formerly done to gain some Food for those men and found that to send them or others abroad into the Countrey we cannot in regard we are not able to advance Money for procuring the many Requisites incident to such an Expedition In the end therefore we were enforced to fix on our former way and so to see who had any thing yet left him untaken from him to help us and although there are but few such and some of them poor Merchants whom we have now by the Law of Necessity utterly undone and disabled from being hereafter helpful to us in bringing us in Victuals or other needful Commodities yet were we forced to wrest their Commodities from them And certainly there are few here of our selves or others that have not felt their parts in the enforced Rigour of our proceedings towards preserving the Army so as what with such hard dealing no less grievous to us to do than it is heavy to others to suffer and by our descending against our hearts far below the Honour and Dignity of that Power we represent here under His Royal Majesty we have with unspeakable difficulty prevailed so as to be able to find Bread for the Soldiers for the space of one Month. We are now expelling hence all Strangers and must instantly send away for England Thousands of poor despoiled English whose very eating is now unsupportable to this place And now again and finally we earnestly desire for our Confusions will not now admit the writing of many more Letters if any that His Majesty and the English Nation may not suffer so great if not irrecoverable Prejudice and Dishonour as must unavoidably be the consequence of our not being relieved suddenly but that yet although it be even now at the point to be too late supplies of Victuals and Munition in present be hastened hither to keep life until the rest may follow there being no Victual in the store nor will there be a hundred Barrels of Powder left in the store when the out-Garrisons as they must be instantly are supplied and that remainder according to the usual necessary expence besides extraordinary accidents will not last above a month And the residue of our Provisions must also come speedily after or otherwise England cannot hope to secure Ireland or secure themselves against Ireland but in the loss of it must look for such Enemies from hence as will perpetually disturb the Peace of His Majesty and His Kingdom of England and annoy them by Sea and Land as we often formerly represented thither which mischiefs may yet be prevented if we be yet forthwith enabled from thence with means to overcome this Rebellion We hope that a course is taken there for hastening hither the Provisions of Arms and Munition mentioned in the Docquet sent with our Letters of the twentieth of January and the six hundred Horses which we then moved might be sent hither for Recruits and that the seven thousand eight hundred fourscore and thirteen pounds three shillings for Arms to be provided in Holland besides those we expect in London hath been paid to Anthony Tierens in London or to Daniel Wibrants in Amsterdam and if that Sum had been paid as we at first desired we might well have had those Provisions arrived here by the tenth of March as we agreed however we now desire that that Money if it be not already pay'd may be yet pay'd to Mr. Tierens in London or Mr. Wibrants in Amsterdam that so those Provisions may arrive here speedily which considering that Summer is now near at hand will be very necessary that when our Supplies of Victuals Munition Cloaths Money and other Provisions shall arrive we may not in the publick Service here lose the benefit and advantage of that season And so we remain from His Majesties Castle of Dublin 4. April 1643. POSTSCRIPT As we were ready to sign this Dispatch we received at this Board a Paper signed by sundry Officers of the Army now here at Dublin which is in such a Stile and threatens so much Danger as we hold necessary to send a Copy thereof here inclosed whereby still appears the high Necessity of hastening away Money for them and the rest of the Officers and Victuals for the Soldier without which it will be impossible to contain them from breaking out into mutiny The Letter inclosed My Lords AT our first entrance into this unhappy Kingdom we had no other Design than by our Swords to assert and vindicate the Right of His Majesty which was here most highly abused to redress the Wrongs of His poor Subjects and to advance our own particulars in the prosecution of so honest undertakings And for the first of these we do believe they have since our coming over succeeded pretty well but for the last which concerns our selves that hath fallen out so
Ships Power and even the security of Our Person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Us and Our Consort who have threatned to depose us and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unless We would consent to their unreasonable destructive Propositions overturning the whole frame of Government both in Church and State They say and it is true We trusted them with the Prosecution of that War and how faithfully they discharged it VVe will not again repeat but VVe never trusted them so as to exclude Our selves as they now suppose and if VVe had relied more on the Judgments and Advice of Our Privy Council and less on theirs neither that nor this Kingdom had been in the condition they now are It was their Interposition and Advice which hindered the transportation of the Army of Irish Natives out of that Kingdom into Spain even to Our dis-reputation abroad who had agreed with the Spanish Ambassador to send them over and he in confidence of Our performance had disbursed Money for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish VVe are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their Advice that staid Our going over thither in Person which probably might have stopped the rage of that VVar and by the Blessing of God would have saved the Effusion of much Blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a VVar of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a National Quarrel and to eradicate the whole stock of the Irish which they now pursue by giving no Quarter to those few of that Nation in England who never were in that Rebellion but according to their Duty assist us their Sovereign which made the Rebellion so genera whereas otherwise the old English as in former times though Papists would have joyned against those Rebels VVhen VVe had offered in December 1641. that 10000. Voluntiers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them instead thereof in January following Propositions were made for the transporting the Scots into Ireland and VVe were advised by the two Houses to give the Command and keeping of the Town and Castle of Carick fergus to the Scotish who were to be transported thither and pay'd by this Kingdom to which VVe returned Answer That we did not approve the same as prejudicial to the Crown of England and the Service intended and implying too great trust for Auxiliary Forces yet afterwards because VVe perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom VVe did admit of the Advice of the Parliament in that particular and since by the Articles of the sixth of August 1642. which though said to be made by Commissioners authorized by Us and the Parliament of England VVe never were made acquainted with them till upon this Treaty almost three years after both the Towns and Castles of Carickfergus and Colrane are left with them as Cautionary The consequence whereof was such that though the Service of Ireland were little advanced or the poor English Protestants relieved by it and this Kingdom drained to pay those whose great Arrears growing upon that Agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions by this means the Scotish having an Army there under colour of supplying them Our Arms and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scotish Subjects so it over-awed others and was a means without any the least provocation to those Our ungrateful Subjects of bringing of another Army into this Kingdom where they still remain to the utter Ruine of many of Our good Subjects and the probable Destruction of the whole Kingdom And lastly it was upon their Advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that We agreed that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though We then expresly declared We did it meerly relying upon their Wisdom without further examining what We in Our particular Judgment were perswaded whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should return to their Obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Us but passed as conceiving that Act had wholly pursued the Propositions was inserted That every person who should make enter into to take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the Authority of the See of Rome in any case whatsoever or to maintain or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not only of provoking but increasing and encouraging the Rebels who having no pretence before for the horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Foreign Princes and to negotiate with them for delivering that Kingdom into their hands We profess Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels We think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath far more to answer as having more light and it being more expresly against the Religion he professeth whereof it hath heretofore been a Maxim though it be now taken for Apocryphal Doctrine Not to take up Arms against their Prince upon any pretence whatsoever And as We have endeavoured by Our Personal Example and otherwise so We shall still continue by all good means to propagate the Protestant Religion but We are far from that Mahometan Doctrine that We ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the Advice of Our People assembled in a free Parliament yet We should be wanting to the Trust that God hath reposed in Us and Our use of that Reason with which He hath endowed Us if
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in