deluding the Lawes 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 Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
Nicholas Sir Edward Walgrove Sir Edward Bishop S â— Robert Owsley Sr Iohn Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborne Samuell Thorneton Esq Sir Iohn Lucas Iohn Blomey Esq Sir Thomas Chedâ—e Sir Nicholas Kemish and Hugh LLoyd Esq And all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have Sworne or Subscribed the Declaration against the Convention and Covenant And all such as have assisted the Rebellion in the North or the invasion in the South of the said Kingdome of Scotland or the late Invasion made there by the Irish and their Adherents And that the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traytors may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Kingdoms beare 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 1644may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament beare any Office or have any imployment 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 â—arliament all Judges and Officers towards the Law Common or Civill who have deserted the Parliament and adhered to the enemies thereof be made incapable of any place of Iudicature or Office towards the Law Common or Civill And that all Serjeants Councellors and Atturneys Doctors Advocates and Proctors of the Law Common or Civill who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law common or civill either in publique or in private And that they and likewise all Bishops Clergy-men and other Ecclesiasticall 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 Common-wealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personall censure notwithstanding any Act or thing done in or concerning this Warre they taking the Covenant 7. The Estates of those persons excepted in the first three preceeding qualifications to pay double Debts and Damages 8. A third part in full value of the Fstates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publique 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 publique engagements whereunto they are onely to be employed that then a new proportion may be appoynted by the joynt advice of both Kingdomes providing it exceed not the one moyety of the Estates of the persons made incapable as aforesaid and that it exceed not a sixt part of the Estate of the other Delinquents 10. That the persons and Estates of all common Souldiers and others of the Kingdome of England who in Lands or Goods be not worth 200l sterling and the persons and Estates of all common Souldiers and others of the Kingdome of Scotland who in Lands or Goods be not worth 100l sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdome and the persons of Delinquents and the value of their Estates may be knowne and which Act shall appoynt in what manner the confiscations and proportions before mentioned may be levyed and applyed to the discharge of the said engagements 15. That by Act of Parliament the Subjects of the Kingdome of England may be appoynted to be Armed Trained and Disciplined in such manner as both Houses shall thinke fit the like for the Kâ—ngdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 16. 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 thinke fit the like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 17. An Act for the setling of all Forces both by Sea and Land and Commissioners to be nominated by both Houses of Parliament of persons of knowne integrity and such as both Kingdomes may confide in for their faithfulnesse to Religion and peace of the Kingdomes of the House of Peeres 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 suppresse any Forces raised without authority of both Houses of Parliament or in the intervalls of Parliaments without consent of the said Commissioners to the disturbance of the publique peace of the Kingdomes and to suppresse any Forraigne Forces that shall invade this Kingdome and that it shall be high Treason in any who shall Leavy any Force without such authority or consent to the disturbance of the publique peace of the Kingdomes any Commission under the Great Seale 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 setled and to prevent all disturbance of the publique 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 Kingdome of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdome of Scotland is onely concerned so for the Kingdome of Scotland 4. That the Commissioners of both Kingdomes may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to doe as followeth 1. To preserve the Peace betwixt the Kingdomes 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
have no influence upon the affaires 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 cleare answer thereunto in our 5 * See before no. 111. paper of the 15 of February The King's Commissioners Paper 17. February IN the 12th Proposition your Lordships desire an Act to be CXVI passed for confirmation of the late Treaty for the setling of the Garrison of Berwick of the 29 of Novemb. 1643. which relating to the businesse 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 concernes the Act for Confirmation of the late CXVII 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. February VVE desire to know whether by the joynt power mentioned CXVIII in your Lordships Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes and the King and every one of them your Lordships doe intend any other then Military power for suppressing Forces oâ—ely which is expressed after in a distinct clause by it selfe And if your Lordships doe 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 CXIX in the 17th Proposition is there fully expressed to preserve the Peace betwixt the Kingdomes to prevent the violation of it or any troubles arising in the Kingdoms by breach of the Articles and to heare and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Forreigne Invasion and suppresse intestine Insurrections as is more at large set downe in the Proposition to which we referre your Lordships The King's Commissioners Paper 17. February VVE desire to know whether the Commissioners of CXX both Kingdomes meeting as a joynt Committee The Commissioners of each Kingdome shall have a Negative voyce 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 Kingdomes Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both CXXI Kingdomes are to Act joyntly And when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdome are to have a Negative voyce And in doubtfull cases not expressed in the 17th 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 intervalls of Parliament if the cases be such as cannot without prejudice to both or either Kingdome admit of delay we conceive the Commissioners of each Kingdome 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. February WE desire to know whether by the Propositions for setling CXXII the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdomes 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 Kingdome 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 plaine by the Proposition it selfe that CXXIII the Commissioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome 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. February WE desire to know whether your Lordships intend by CXXIV Tâ—â— Admiralâ—y is an of fice of Inheritance in Scotland and setled by Act of Parilament your proposition concerning the setling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is already setled by the Lawes of that Kingdom Their Answer thereunto 15. Feb. TO your Lordships fourth Paper of the 14 of Feb. it is answered CXXV that by our Propositions for setling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be setled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already setled by the Lawes of that Kingdom the Estates of Parliament will do that which is agreeable to Iustice The King's Commissioners Paper 15. Febr. VVE desire to know whether the Papers delivered to us CXXVI touching the Militia containe all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the CXXVII Militia of England and Scotland is delivered in to your Lordships except the 23 Proposition and the last Article in the 26 Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further answer to their Propositions concerning the Militia 17. February VVE had no purpose in our * No. 84. answer delivered by us to CXXVIII your Lordships on the 6th day of February to divide our answers concerning the Militia of the two Kingdoms otherwise then in poynt of time and till we might receive satisfaction from your Lordships concerning the powers to be given to the Commissionâ—rs of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further answer to those Propositions concerning the Militia is that we are willing and doe agree That the like course shall be taken and observed touching the Militia of the Kingdome of Scotland as is offered in our said paper of the 6th of February and as shall be hereafter agreed on for the Kingdome of England which we conceive to be a full security for
security the reasons are the same for them as for the Militia by Land And for what your Lordships alleadge concerning Sheriffes and Justices of Peace and other legall Ministers not to raise the Posse Comitatus or Forces to suppresse Riots without being liable to the interpretation of the Commissioners we say this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace Nor can their power of hearing and determining Civill Actions and differences be extended further then preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27th Proposition And whereas we seek the Militia to be setled in the 15th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Vnion your Lordships deferre them untill the Peace shall be established which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships doe take into serious consideration the great Calamities and how occasioned to say no more you cannot thinke but that we ought to be most carefull of preventing the like for the future And seeing all we desire for these so important ends is limited to a few yeares we ought to insist upon such a remedy as may be a fitting cure and in so doing we hope we shall be justified before God and Man Wherefore we againe most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdomes the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and cleare Answer to our Demands concerning the Militia This last Paper was delivered about two of the clock when the Treaty was at that instant breaking up and at the same time the King's Commissioners had upon the like occasion of two Papers of theirs given in a little before concerning Ireland hereafter mentioned delivered in a Paper No. 179. that they might give answer thereto the next day dated as of that day as had been formerly used which was not granted so that in Answer to this Paper so earnesty requiring an Answer in the Close thereof It was impossible to give in any Paper at the present neither would any be received but at present The Papers touching Ireland After the first six dayes of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were â—ext Treated upon the three dayes followiâ—g beginning the 7th of February and the same was also taken up againe the 18th of February for other three dayes Their Propositionâ— touching Ireland 7. February WE desire that an Act of Parliament be passed to make CXXXVI void the Cessation of Ireland and all Treaties with the Rebells 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 the joynt advice of both Kingdoms and His Maiestie to assist and to doe no act to discountenance or molest them therein The King's Commissioners Paper 7. February WE desire to know whether the Paper we have received CXXXVII from your Lordships containe in it all the demands your Lordships are required by your Instructions to insist upon concerning Ireland which if it doth we are ready to enter upon that debate but if it do not we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together being confident that upon a whole view of the busines we shall give you full satisfaction in that Argument Their Paper 7. Feb. WE are to insist upon other things concerning Ireland which CXXXVIII being part of other Propositions we conceive not so proper to give your Lordships till we have received your answer to our paper formerly delivered and are ready by present conference to satisfie any doubts that remain with your Lordships concerning that paper Notwithstanding they delivered in these further papers and Propositions following Their Paper 7. Feb. VVE desire that an Act be passed in the Parliament of both CXXXIX Kingdoms respectively to confirme the Treaty concerning Ireland of the 6th of August 1642. which Treaty we herewith deliver and that all Persons who have had any hand in plotting designing or assisting the Rebellion of Ireland may expect no pardon and their estates to pay publike debts and damages And that the Commissioners to be nominated as is appointed in the 17 Proposition may order the War of Ireland according to the Ordinance of the 11th of April 1644. which we herewith deliver and to order the Militia and to conserve the Peace of the Kingdom of Ireland And that by Act of Parliament the Deputy or cheife Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the intervalls of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the intervalls of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next Sitting And that the Iudges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue Quà m diu bene se gesserint and in the intervalls of Parliament by the aforesaid Commissioners to be approved or disallowed by both Houses at their next sitting Together with these last Propositions they delivered the Treaty of the sixt of August 1644 and the Ordinance of the 11th of April therein mentioned together with another of the 9th of March which see in the Appendix n o 7. and 8. The King's Commissioners Paper 9. February VVE desire to know what your Lordships intend or expect CXL by those words in your * No. 136. first paper concerning Ireland and His Maiesty to assist since you propose to have the prosecution of the War of Ireland to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms Their Answer 9. Feb. BY the words in our paper concerning Ireland and His Majesty CXLI to assist we conceive is to be understood the giving of His Royall assent to such Acts of Parliament as shall be presented unto Him by both Houses for raising of monyes from the Subiect and for other things necessary to the prosecution of the War in Ireland and to be further ayding by His Power and countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Febr. VVE conceive that His Majestie had and hath power to CXLII make a Cessation in Ireland and having upon just grounds and for the good and safety of His Protestant Subjects there and for the preservation of
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre 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 Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre 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 voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre 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 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d 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 in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
and the Scots suffering under as great wants and failer of Supplies as the Protestants in other places and in no better posture of their owne defence Notwithstanding in a true sense of their owne duty and Conscience they have opposed and still doe oppose the same neither were the English there neglected as your Lordships have been misinformed by such who labour to destroy both Nations and as a meanes thereto to divide them Besides the goods seized neare Coventry we have mentioned other particulars asserted to be seized not without His Majesties owne knowledge and direction as we are informed and are most unwilling to beleeve Neither doe we understand it to be an excuse for feizing some goods to say that His Majesty did forbeare to seize others in his Power but when His Maiesty shall rightly ponder the horridnesse of that Rebellion we hope those wicked Instruments who contrived and doe support the same will have no power to alter His Maiesties tender sense of the miseries of His Protestant Subiects in that Kingdome nor at all to lessen His Piety and gracious Care for quenching the flames of that unhappy Rebellion We doe againe affirme unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seemes strange that what hath been lately sent should not be looked upon as a support of the Warre against the Rebels by which onely the Protestants were inabled to defend themselves and to infest their Enemies Nor can we imagine any other means as a support of that just Warre being most assured that if this had not been done the Rebels must certainly have prevailed and the remnant of His Majesties good Subjects of that Kingdomr have perished Your Lordships are pleased to remember some monyes by us imployed particularly one hundred Thousand Pounds which was raised for Ireland all which have been resatisfied with advantage And we must as often as you are pleased to repeat it refer your Lordships to our former just and clear Answers concerning the same and the like for the Forces under the Command of the Lord Wharton And we beleeve what your Lordships expresse concerning the Forces brought hither to His Majesty out of Ireland after the Cessation it being one end for which the Cessation was made that those Forces might be imployed against the two Houses of Parliament here And those Scottish Forces which came over were not sent for We know of no Persons who have returned into Ireland since the Cessation except such as were Agents for the procuring thereof and divers principall Rebels who presumed to addresse themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienatâ— the hearts of the Officers of the Army there from the two Houses whereby their service against the Rebels might be interrupted To that particular of the Subscriptions of the Officers and of the Committee sent into Ireland and of the diversions of Monyes alleadged and of the Copies of Letters given us by your Lordships without the names of those who subscribed them We have already given your Lordships a full and clear answer but have not received satisfaction concerning the denyall of the Lord Whartons Commission whereby the service of that Kingdome was much prejudiced It is so farre from being made appeare that His Majesties English Protestant Subiects in Ireland could not subsist without a Cessation that the untrary is undeniable and that His Majesties Protestant Subiects there both English and Scottish who have opposed that Cessation have subsisted and doe still subsist And we are sory to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloudy Rebellion We doe insist upon our former Demands concerning Ireland and doubt not but those being granted notwithstanding our present miserable Distractions here we shall by the blessing of God bring those bloudy Rebels to a speedy and just punishment and settle that unhappy Kingdome in their due Obedience to His Majesty and the Crowne of England Their other Paper 22. Feb. IT is not possible for us to give a more cleare Answer then we CLXXVIII have done to shew that there can no such inconvenience follow upon confirming the Ordinance of the 11th of April by Act of Parliament as your Lordships doe imagine It being desired that the Treaty of the sixt of August be in like manner confirmed By which the Commanders of the Scottish Forces in Ireland are to be answerable to His Majesty and the two Houses of Parliament of England for their whole deportment and proceeding there and it being desired by the 13th Proposition that the prosecutions of the War of Ireland should be setled in both Houses of Parliament all which taken together it cannot follow that upon any disagreement between the Committees there the Earle of Leven may carry on the War according to his own discretion as for our expression when there shall be a Lievtenant in Ireland which was used in answer to your Lordships second paper of the 20 of February it was was to satisfie your Lordships that there could be no interfering between the powers of the Lord Lievtenant and of the Earle of Leven and still we say when there shall be a Lord Lievtenant chosen as is expressed in our 20th Proposition for we do not admit the Marquesse of Ormond to be so the Commander in cheife of the Scottish Army is to receive Instructions from him in such manner as we have laid it down in that answer of ours to your Lordships paper above mentioned which will we hope satisfie your Lordships other obiection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Maiesties Subiects of the Kingdom of Scotland seeing such of that Nation as are there imployed are to be subordinate to the Committee of both Kingdoms and in case of disagreement an appeal lies to the two Houses of the Parliament of England in whom the power of prosecuteing the War is to be setled And we must insist to desire that the Lord Leivtenant and the Iudges in that Kingdome may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much treasure and bloud the losse of many thousand lives there and almost of that whole Kingdom from His Maiesties obedience and an inestimable preiudice to the true Protestant Religion found the ill consequence of a bad choyce of persons for those great places of trust Therefore for His Maiesties honour the good of His service the great advantage it will be to the rest of His Maiesties Dominions the great comfort to all good Christians and even an acceptable service to God himself for the attaining of so much good and the prevention of so much evill they desire to have the nomination of those great Officers that by a prudent and
for executing of other legall Acts may not onely be lyable to the interpretation of being disturbers of the publique Peace but feele the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdomes as a joynt Committee for the hearing and determining Civill Actions and differences cannot be extended further then preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civill matters for the preservation of the Articles of the Peace they may in order thereunto upon pretence it is for the preservation of the Peace entertaine and determine any cause or difference they please especially their power by the Propositions being not onely to preserve the Peace but to prevent the violation of the Articles of the Peace and having the power of the Sword in their hands and being not tyed up to any certain Law whereby to judge for ought appeares by their answers to the questions proposed by Our Commissioners and the common Law not being the rule in such case because part of them are to be of the Scottish Nation they may without controll exercise what arbitrary power they please And whereas it is insisted upon in this paper That an answer be given to the fifteenth Proposition which is that the Subjects be appointed to be Armed Trayned and Disciplined in such manner as both Houses shall think fit which Our Commissioners thought fit to have deferred till after the Peace established and then to be setled by Vs and the two Houses It is apparent that Proposition concerned not that which was desired as the end of their Propositions the security for the observation of the Articles and We conceive there is already sufficient provision made by the Law in such cases if there were not it were fit that that defect were supplied by Law not to be left at large as the two Houses should think fit without expressing the manner of it but to proceed by a Bill wherein we might see before we consented to it how Our Subjects should be charged we being as much concerned and sensible of the burden to be put upon Our Subjects as the two Houses can be who We are sure since they took upon them the authority of imposing upon their fellow Subjects without Vs have laid the heaviest Impositions that ever were And whereas they say the scope of these their Propositions touching the Militia was to take away occasions of future differences to prevent the raising of Armes and to settle a firme and durable Peace If we look upon the whole frame of their Militia as they have proposed it to us we cannot but conclude those Propositions to be most destructive to those ends For first they have proposed it to us as they have setled it already by their Ordinance That the whole Militia of â—reland as well of Our English Subjects as Scottish shall be Commanded by Lesley Earle of Leven their Scottish Generall and be managed by the joâ—nt advice of the Scottish and English Commissioners and therein the Scottish as well as the English to have a Negative Voyce and so by consequence subjecting the whole Government of that Kingdome to the manage of Our Scottish Subjects And having thus ordered the Militia of Ireland where they will be sure to keep Forces on Foot for that is another part of the Propositions That We shall Assent to whatsoever Acts shall be proposed for monyes for the Warre of Ireland which Forces shall be ready upon all occasions to serve them For the Militia and Navy of England that is likewise to be ordered and Commanded by these Commissioners and though We their Soveraigne are denyed to nominate any to be joynt Commissioners they are content to admit those of Scotland who though Our Subjects yet are strangers to their Government to a nomination of Scottish Commissioners to be joyned with them These Scottish Commissioners in matters wherein both Kingdomes are joyntly concerned and they may easily call and make what they will to be of joynt concernment are to have a Negative Voyce so that the English can doe nothing without them not so much as to raise Force to suppresse a Commotion or prevent an invasion if the Scottish Commissioners though not a third part of the number of the English say it is of joynt concernment And in matters solely concerning England the Scottish Commissioners to a third part of the whole number of the Commissioners are to reside in England and to Vote as single Persons These Commissioners as well Scottish as English as they have the sole power of the Forces by Sea and Land so they must have a Court in a Civill way to hear and determine whatsoever Civill action that shall tend to the preservation of the peace or whatsoever else is for the prevention of the violation of it within which generall words and in order thereunto they may comprehend any cause or thing they please And as these Commissioners as well Scottish as English are to name all Commanders and Officers in Our Forts and Ships so in the intervalls of Parliament lest there should be too much dependance upon us they are to name all the great Officers Iudges of both Our Kingdomes of England and Ireland To these so unreasonable Propositions wherein the Parliament and Subjects of Scotland would have so great an influence and power over the Kingdomes of England and Ireland if as reflecting meerly upon our selves and not entertaining such thoughts of our Scottish Subjects as perhaps some may by the danger of such a power we should have agreed as hoping that the good affections of our Subjects in Scotland might in time have restored us to that power which the two Houses of England would take away yet when we consider that we are in conscience obliged to maintaine the Rights of Our Crowne so farre as to be able to protect Our Subjects and what jealousies and heartburnings it might probably produce betwixt Our Subjects of the two Kingdomes what reluctancy all Our Subjects here may have when they shall see Our Power so shaken and they must have so much dependency upon their fellow subjects both English and Scotch We conceive it so farre from being a remedy to the present distempers as they affirme in their papers that as at present it would alter the whole frame and conditution of the Governement of this Kingdome both Civill and Military so in the conclusion it would occasion the ruine and desolation of all Our Kingdomes HIS MAJESTIES ANSWER See these in the Narative no. 177. 178. to the two Papers concerning Ireland IT hath been one of the chiefest designes of the Authors of the present distractions to insinuate unto our people that We were either privy to the Rebellion in Ireland or assenting to the continuance of it And if it could not be personally fixed upon Our selfe yet
A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE BEGUN AT VXBRIDGE JANUARY 30. 1644. Printed by His MAjESTIES Command AT OXFORD By Leonard Lichfield Printer to the Vniversity 1645. A TABLE OR INDEX SHEWING breifly the Method and Order of this Narrative and directing to the places where each subjects Matter therein conteyned is to be found 1. ARE set down the Messages and Propositions sent by His Majestie and brought to Him which preceded the Treaty and were inducements to it beginning Page the first and ending page the 20. 2. The Passages in the beginning of the Treaty preparatory therevnto wherein 1. Of the severall Commissions and Passages therevpon beginning pag. 20. ending pag. 29. 2. The Papers Concerning the Manner and Order of the Treaty pag. 29. ending pag. 30. 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty the first day of the Treaty and before it began pag. 30. ending pag 31 3. The Papers Concerning Religion during the whole Treaty Collected together pag. 32. ending pag. 50. 4. The Papers Concerning the Militia during the whole Treaty Collected together pag. 51. ending pag. 94. 5. The Papers Concerning Ireland during the whole Treaty Collected together pag. 93. ending pag 140 6. The Papers Concerning His Majesties Propositions and particularly for a Cessation of Armes and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty are Collected together pag. 140. ending pag. 156. 7. And lastly an Appendix is added wherein are contayned such things as are mentioned in the Narrative or were delivered in writing during the Treaty and were not Printed before or being heretofore Printed are now out of Print or not easily to be had the particulars whereof are as followeth 1. His Majesties Message from Evesham of the 4th of July 1644. pag. 157. 2. His Majesties Message from Tavestock of the 8th of September 1644. pag. 159. 3. The Bill for abolishing of Episcopacy c. pag. 160. 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169 5. The Ordinance for calling the Assembly of Divines pag. 174. 6. The Votes and Orders delivered with it pag. 180. and 181. 7. The Articles of the 6th of August 1642. concerning Ireland pag. 182. 8. The Ordinances of the 9th of March and the 11th of April touching the Forces in Ireland pag. 188. 9. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. 10. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty one concerning the Militia and two concerning Ireland beginning pag. 199. His MAjESTY having received an Account from His Commissioners of their proceedings in the late Treaty atVxbridge to the end that all His people may be fully satisfied of his earnest and constant endeavours to procure the publique 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 Majesties Message from Evesham of See these Messages in the Appendix no. 1. 2. the 4th of Iuly last desiring and propounding a Treaty for Peace And His second Message from Tavestoke of the 8th of September last renewing that desire At length on the 23 day of November last past the Earle of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following WEE Your Majesties Loyall Subjects assembled in the I. Parliaments of both your Kingdoms from the sence of that duty we owe unto Your Majesty and of the deep sufferings and many miseries under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre after long and serious consultation about the best wayes and means of their preservation and for setling Your Majesties Throne and Your Subjects in Peace and Security have with common consent Resolved upon these Propositions which we doe humbly tender unto Your Majesty The humble desires and Propositions for a safe and well grounded Peace agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms united by solemne League and Covenant to be presented to His Majesty 1. That by Act of Parliament in each Kingdom respectively all Oathes Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late â—onvention 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 Outlaries and Attainders against any for the said Causes be declared Null suppressed and forbidden And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions and all other places needfull 2. That His Majesty according to the laudable example of His Royall Father of happy memory may be pleased to sweare and signe the late solemne 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 mutuall advice of both Kingdoms shall be agreed upon 3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deanes and Subdeanes Deanes and Chapters Archdeacons Canons and Prebendaries And all Chanters Chancellours Treasurers Subtreasurers Succentors Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrell or Collegiat 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 joynt Declaration of both Kingdomes 4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament 5. That Reformation of Religion according to the Covenant be setled 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 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 Kingdomes 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 6 That for the more effectuall disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and
And therefore We desire Iustice against the Man that he may have exemplary punishment Their Answer 31. January TO the Paper delivered in by your Lordships this day concerning the Information received of severall Scandalous XXVIII passages Preached in a Sermon in Vxbridge Church by one Mr Love We doe returne this Answer That the said Mr Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the businesse we are â—ow upon that all just occasions of offence on either part be avoyded 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 iust offence and distrust in His Majestie and shall be as tender of the safety of your Lordships persons according to the safe Conduct as of our owne We shall represent your Lordships Paper concerning this businesse 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 XXIX Preached by M. Love and must referre the way of doing Iustice to your Lordships and if your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce our proofe thereof to your Lordships Their further Answer 1. February VVE will represent both your Lordships papers concerning XXX M. 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. Jan. ACcording to the * The Paper intended is that before of 30. Ian. no. 13. paper delivered by us to your Lordships XXXI yesternight we do now offer these Propositions following which concerne 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 The Propositions here intended are those before mentioned on theiâ— part sent by the E. of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix no. 3. Assembly of Divines be confirmed by Act of Parliament That the Directory for Publique Worship already passed both houses of the Parliament of England And the Propositions concerning Church Governement 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 Solemne 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 joyne in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyteriall Government That the Church be Governed by Congregationall Classicall and Synodicall Assemblies in such manner as shall be established by Parliament That Synodicall Assemblies shall consist both of Provinciall and Nationall Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the XXXII Propositions concerning Religion with the paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiasticall and Civile 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 appeare 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. Feb. OVr Paper given in to your Lordships concerning Religion XXXIII doth contain no alterations but such as are usuall in a time of Reformation and by the Wisdome of the Parliaments of both Kingdoms are judged necessary at this time for setling Religion and Peace And as by our Commissions and Papers formerly shâ—wed 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 doe as we have already signified to your Lordships by a former Paper The KING's Commissioners Paper 1. Feb. YOur Lordships first Proposition in the Paper concerning XXXIV Religion referring to the third Proposition sent to His Majesty we find that referres to the Articles of the late Treaty of the daâ—e at Edinburgh 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 sâ—ttiâ—g of the Assembly of Divines We desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the * Meaning the next present Paper third Paper We XXXV now deliver in the Articles of the late Treaty of the date at Edinburgh 29 of November 1643. and the * This joynt Dâ—claration is already printed But the Articles being not Printed are in the Appendix n o 4. 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. VVEE desire to know whether the Propositions which XXXVI 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 XXXVII by us unto your Lordships upon the Propositions formerly sent unto His Maiesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we doe first desire your Answer to the Paper touching Religion given in yesterday that some good progresse may be made therein before the three daies assigned to treat upon Religion in the first place doe expire The KING's Commissioners Paper 1. Feb. VVEE desired to know whether the Propositions XXXVIII 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
your Lordships will not refuse to do it But if neither that nor the other Proposition that the Government intended to be introduced by your Lordships is the only Government that is agreeable to the word of God can be evinced We hope your Lordships will rest satisfied with the reasons we have given your Lordships in writing why we cannot consent to your Propositions concerning Religion as they are made and insisted on by your Lordships and that we have offered your Lordships a remedy against all the inconveniencies that have bin ever pretended in the Government as is now established by Law and which ought not upon lesse reasons then we have mentioned to be taken away Their Reply 21. Feb. VVE do not conceive that the continuall Succession of Episcopacy from the Apostles time hath bin at all manifested LXX to us in Conference to your Lordships and for what your Lordships mention concerning a Nationall Church it is a new Question which hath not as yet bin any part of the Subject of our Debate But we desire to bring that to a conclusion which is in issue between us and not doubting but that your Lordships are fully satisfied That Episcopacy is not Iure Divino we are ready by Conference to shew the unlawfulnesse of that Episcopacy which we desire to take away by our Bill and that the Government which we propose is agreeable to the Word of God In pursuance of this paper the most part of the next day being the last of the Treaty was spent in dispute between the Divines and after their Commissioners delivered in this paper 22. Feb. HAving the last night given in a paper unto your Lordships wherein we signified that we doubted not but that you were LXXI fully satisfied that Episcopacy was not Iure Divino we are the more confirmed in it because your Lordships have since that time given us nothing in to the contrary and we hope we have by clear Arguments from Scripture and reason this day likewise satisfied you That the government by Arch-Bishops Bishops c. which we desire to be taken away by this Bill is unlawfull and that the Government which we desire to be established is agreeable to the word of God and therefore we desire your Lordships to agree to the passing of this Bill and to give us your full and cleare answer to this and the rest of the Propositions concerning Religion The King's Commissioners Answer 22. February ACcording to your Lordships paper of the last night we attended LXXII your debate this day concerning the unlawfulnes of Episcopacy but did neither then nor do now acknowledg our Selves convinced by any Arguments offered by you that Episcopacy is not Iure Divino the same having bin the opinion of very many Learned men in all ages which we do not censure or determine but not insisted on by us as the ground of any Answer we have delivered to your Lordships and we are so far from being satisfied with the Arguments from Scripture and reason this day urged to prove that the Government by Arch Bishops Bishops c. which you desire to be taken away by this Bill is unlawfull that the weightiest Arguments which were urged in our Iudgments concluded at most against those inconveniencies which are remedied by the Alteration offered by us to your Lordships in our * See before no. 56. Paper of the 13. of this Moneth and it seems strange to us that your Lordships should think that Government without which no Nationall Church hath bin since the Apostles times till within these few yeares to be unlawfull and for the Government desired by you to be established your Lordships have not offered any such particular Form of Government to us that may inable us to Iudge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawfull without offering to prove it absolute 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 daies of the Treaty spent upon the businesse of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three daies following beginning the fourth of February and the same was after resumed the 14. of February for other three daies Their Propositions touching the Militia 4. Febr. WEE desire that by Act of Parliament the Subjects of LXXIII the Kingdom of England may be appoynted to be Armed Trayned and Disciplined in such manner as both Houses shall think fit The like for the Kingdome 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 setling of the Admiralty and Forces at Sea and for the raysing 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 setling 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 faithfulnesse to the Religion and Peace of the Kingdome of the House of Peeres 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 First to suppresse 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 publique Peace of these Kingdoms and to suppresse any Forraigne Forces that shall invade this Kingdom and that it shall be high Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace of the Kingdom any Commission under the Great Seale 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 publique 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 Kingdome 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
desire expressed in your second Paper this CVI. day may be fully satisfied by the Propositions concerning the Militia where the authority of the Commissioners to be nominated is clearely expressed both in cases of severall and of joynt concernment of the Kingdoms And if upon perusall thereof any doubts shall occurre to your Lordships we are ready by conference to cleare the same The King's Commssioners Paper 15. Febr. VVE doe not conceive that the authority of the Commissioners CVII of both Kingdoms and in both Kingdoms is cleerely 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 Kingdome and what authority they shall have Their Paper 15. Feb. WE doe conceive that the authority of the Commissioners of CVIII both Kingdomes and in both Kingdomes is clearly expressed in our Propositions By which it doth appeare how they are to act as severall or as joynt Commissioners And if your Lordships shall propound any objections against our Propositions concerning the Miliâ—ia of both Kingdomes we are ready upon conference to give your Lordships satisfaction The King's Commissioners Paper 15. February VVE desire to know whether in that part of the Proposition CIX wherein the Commissioners of both Kingdomes are appoynted to meet as a joynt Committee and to receive Instructions in the intervalls of Parliament from the Commissioners for the preservation of the publique Peace your Lordships meane the Commissioners to be nominated according to these Propositions or the * See the Printed Act. Commissioners intended by the Act of Pacification or what other Commissioners And what Iurisdiction you intend the said Commissioners of both Kingdomes shall have by the power given them to heare 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 heare and determine the same Their Answer 15. Feb. VVE intend that the Commissioners are to be nominated CX according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any obâ—â—ctions hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOr further answer to your Lordships second Paper we conceive CXI that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Iurisdiction and by what Law they shall proceed to heare and determine the same are to be setled 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. WE desire to receive a perfect and full answer from your CXII Lordships to our * See no. 107 109 no. 105. 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 setling 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 affaires of this Kingdome or the Commissioners to be named according to these Propositions otherwise then as the said advice or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction 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 trye and Iudge in the hearing 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 cleare understanding your Lorâ—ships 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. WE conceive there is a full answer already given by us in CXIII * See the papers intended no. 92 106. severall papers of the 14 of this instant to the former parts of your paper delivered in on the 15 day and to the latter part what Iurisdiction 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 heare and determine the same is clearely set down in our * No. 111. 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. February VVE had great reason to desire a perfect and full answer CXIIII 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 heare 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 informe us whether you intend the Commissioners of Scotland shall have any power or authority in the setling all Forces by Sea and Land in this Kingdome 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 affaires of this Kingdom or the Commissioners to be named according to those Propositions otherwise then as the said advice instructions or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction 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 Iudge in the hearing and determining the same In all which particulars we are very sory that we can receive no answers from your Lordships for want whereof we may faile in giving your Lordships so satisfactory answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Febr. IT is clearly expressed in our Propositions delivered to your CXV Lordships that all Forces by Sea and Land in this Kingdome are to be setled 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 instrustions or orders of either Kingdome are to
the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually exactly observed That we are willing that His Maiesty be desired to take a most solemne strict Oath for the full observation thereof And likewise that all persons of any immediate trust by office or attendance on His Maiesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable penalties as shall be proposed by your Lordships and agreed to by us in which we beleive we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the agreement which shall be made between us may be looked upon and accounted as most pernicious enemies to King and Kingdomes And if it shall be thought necessary to make any additionall settlement of the Militia with a generall reference to the good of the Kingdomes respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect amity with them and shall not desire any change off or to intermeddle in their Lawes or Government or give them cause to apprehend any disturbance or violation of them from this Kingdome so are we obliged with all tendernesse to preserve the Honour Dignity and Constitution of this Realme And therefore as we are yet satisfied we cannot consent that any persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdome or further interpose in the affaires of this Kingdom then is already provided by the Act of Pacification And we offer to your Lordships considerations whether unlesse there could be an union of the Lawes of both Kingdoms such a mixture of power as is now proposed and the influence thereof both upon Martiall and Civill affaires may not prove very inconvenient and prejudiciall to both Kingdoms and give cause of Iealousies to each other to the disturbance of that mutuall Amity so much desired But if this intermingling of power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be setled as after a Peace established shall be agreed by the joynt consent of His Majestie and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesties Letter Their Paper 17. Febr. WE do conceive that we have in our former Papers punctually CXXIX satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships and what your Lordships now offer concerning the Militia of the Kingdome of Scotland that the like course shalt be taken in it as is expressed in your Lordships Paper of the 6th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our answer to that paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdome of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same cause and labouring under the same dangers and therefore necessitated to a mutuall and reciprocall assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it to which we answer that we believed we had given your Lordships such convincing reasons as might have satisfied you and we doubt not but they may if you will recollect your memoryes concerning them and rightly weigh them This being the last day we are to Treat upon this subject it cannot be expected and as we conceive it is altogether needlesse to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive answer to our demands as we have often already pressed your Lordships And where as your Lordships do propound that if we shall further insist upon the uniting of the powers of both Kingdoms it may be done after the Peace establisht we desire your Lordships to consider that it is demanded by us in order to a Peace and a chiefe and most necessary meanes for the attaining and establishment of it And we further observe that your Lordships have given us no answer at all to our 15 Proposition which we do likewise insist upon and defire your answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied CXXX us in what we desired to know concerning the powers of the Commissioners of both Kingdoms the other particulars mentioned by us we had not troubled your Lordships with so many questions to most of which we could receive no other Answers then the referring us to the Propositions themselves upon which we grounded our questions And we concâ—ive that your Lordships Propositions upon the Militia upon which you still insist have in â—ruth appeared upon debate to be most unreasonable in many particulars as that the persons to be entrusted with the Militia should be nominated onely by the two Houses and that His Majesty who is equally to be secured that the Peace should not be broken should name none That the power given to the Commissioners shall be framed and altered as occasion serves by the two Houses onely And that His Majesty who is so much concerned therein shall have no Negative Voyce as to such powers but is absolutely excluded and that the time should be unlimited So that His Majesty for himselfe and his Posterity should for ever part with their peculiar Regall power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never denyed Right of the Crowne to make Warre and Peace And in no time to come His Majesty or His Posterity should have power to assist their Allies with any supplies of Men though Volunteers or ever more to have any Iurisdiction ovâ—r their owne Navy or Fleet at Sea and so consequently must loose all estimation and confidence with Forraigne Princes And many other expressions in the said Propositions doe either signifie what we find
your Lordships doe not expect or intenâ— or at least are so doubtfull that the cleare sense thereof is not evident to all understandings As by the literall sense of your Propositions neither the Sheriffes of Counties or Iustices of Peace and other legall Ministers may raise Forces by the Posse Comitatus or otherwise to suppresse Riots and remove forcible Entries or to performe the other necessary duties of their places without being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publique Peace As likewise all Civill Actions and differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we beleeve your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that iâ— a reasonable and full security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof And that the memory of these unhappy distractions may be forgotten as soon as may be that the tiâ—e of this settlement may be limited to three yeares which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People And that the fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present union and Reconciliation may be deferred till after the Peace established to be setled by Hiâ— Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordship shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the 6th of February for the agreement of the Commissioners between your Lordships and us to be equall We shall gladly receive any more equall way from your Lordships since it is apparant that that already proposed by your Lordships and which you insist upon in Tâ—rminis is not fit to be consented to for the quiet and Peace of the Kingdom presuming that you will thinke the security ought to be mutuall as the Feares and Iealousies are mutuall And we are most confident that His Majesty so much desires to give all reasonable and fit security on his part that the agreement and Peace to be now made shall be inviolably observed That as he will name no man for this great Trust against whom there can be just exception if the persons are named equally between him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms mighâ— have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the reason we consent not to your Propositions is because we conceive them destructive to the end for which they are proposed Iustice Peace and Vnity and not that we deny to consent to any reasonable security for observance of the agreement to be made of which we will alwaies be most tender with regard to all persons concerned This was the last paper delivered in the last of the six daies touching the Militia but that being taken up againe in some part of the two last daies of the Treaty as those of Religion and Ireland also were their Commissioners upon their breaking up of the Treaty about two of the clock in the morning after the 22th of February gave in a Paper intended for an Answer to this Paper which neverthelesse relates to the Paper here next following delivered by them the 21. of February mentioning a limitation of time for seaven yeares for that cause is herein set downe after that Paper and as their last of that subject and the Papers upon that Subject delivered in the mean time in the two last daies are these following Their Paper 21. Febr. WHereas your Lordships have in severall Papers much insisted CXXXI that the Commissioners mentioned in the 17th Proposition should be for a limited time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the time for the said Commissioners to be for seaven years from the time of the passing the Act for the Militia And that after the expiration of such terme the Militia of the Kingdom to be setled and exercised 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 At the same time the Scotch Commissioners from themselves a part 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. February VVE the Commissioners of the Parliament of Scotland do CXXXII 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 17th Proposition to continue for seaven yeares from the time of the passing of the Act for the Militia and after the expiration of that terme to be setled 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 setling of a firme and blessed Peace The King's Commissioners Answer 22. February VVE have hitherto conceived that this Treaty hath CXXXIII been betwixt us that are appoynted 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 20th of Febr. 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 voyce or have not power to concludeâ— without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with
Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the authority of the same that from and after the fifth day of November in the yeare of our Lord one Thousanâ— six Hundred fortie and three there shall be no Arch-Bishop Bishop Chancellour or Commissarie of any Arch-Bishop or Bishop nor any Deane Sub-Deane Deane and Chapter or Arch-Deacon nor any Chancellour Chaunter Treasurer Sub-Treaâ—urer Succentor or Sacrist of any Cathedrall or Collegiate Church nor any Prebendary Canon Canon-Residenciary Petty-Canon Vicar Chorall Choristers Old-Vicars or new-Vicars of or within any Cathedrall or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales And that from and after the said fifth day of Novemb. the Name Title Dignity Iurisdiction Office and Function of Arch-Bishops Bishops their Chancellours and Commissaries Deanes Sub-Deanes Deanes and Chapters Arch-Deacons Canons and Prebendaries and all Chaunters Chauncellours Treasurers Sub-Treasurers Succentors and Sacrists and all Vicars Corall and Choristers old-Vicars and new-Vicars and every of them and likewise the having using or exercising of any Power Iurisdiction Office or Authority by reason or colour of any such Name Title Dignity office or Function within this Realme of England or Dominion of Wales shall thenceforth cease determine and become absolutely voyd and shall be abolished out of this Realme and the Dominion of Wales any Vsage Law or Statute to the conâ—rary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by virtue of any Letters Patents Commission or other authority derived from the Kings Majestie His Heires or Successors shall use or exercise any Iurisdiction Ecclesiasticall within this Realme or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuitiâ—s Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entrie Conditions Commons Courts-Leete and Courts-Baron and all other Possessions and Herediments whatsoever of what nature or quality soever they be or wheresoever they lie or be other then Impropriations Parsonages Appropriats Tithes Oblations Obventions Pention Portions of Tithes Parsonages Vicarages Churches Chappâ—ls Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-Bishop Bishop Arch-bishâ—prick or Bishopâ—iâ—k or any of them or which they or any of them held or injoyâ—d in right of their said Arch-bishâ—prick or Bishoprick respectively shall by the authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actuall possession and seisin of the Kings Majesty His Heires and Successors And shall have hold possesse and enioy the same to Him His Heires and Successors without any Entrie or other Act whatsoever and that the Kings Maiestic His Heires and Successors His and their Lessees Farmers and Tenants shall hold anâ—â—nâ—oy the same discharged and acquitted of payment of Tithes as fâ—eely and in as large ample and beneficiall meanes to all intents and purposes as any Arch-Bishop or Bâ—shop at any time or times within the space of two yeares last past held or injoyed or of right ought to have held or inioyed the same Provided neverthelesse and be it enacted by the authority aforesaid that all Leases Grants Guifts Letters Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the Kings Maiestie His Heires or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Maiestie His Heires or Successors other then for the Terme of one and twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme And whereof any former Lease is in being not to be expired surrendred or ended within three yeares after the making of any such new Lease shall be utterly voyd and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Graunt Conveyance or Assurance and any Law Vsage Custome or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained that all Impropriations Parsonages Appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations Collations rights of Patronage and Presentation which now are or lately were belonging unto any Arch-Bishop or Bishop Arch-bishoprick or Bishoprick And all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadowes Pastures Woods Rents Reversions Services Parsonages Appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicaridges Churches Chappels Advowsons Nominations rights of Patronage and Presentation Parkes Arnuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entrie Interests Titles of Entire Conditions Commons Courts Leete and Courts Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-Deane Deane Deane and Chapter Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Cannon Cannon Residentiaâ—ie Petty-Cannon Vicars Chorall Choristers old Vicâ—rs and â—ew Vicars or any of them or any of the Officers of them or any of them which they held or inioyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be Vested Adjudged and deemed to be and shall be in the very reall and actuall Possession and Seisin of Sr William Roberts Knight Thomas Atkins Sr Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esquire Peter Malborne Esquire and they shall have hold possesse and enioy the same to them their Heires and Assignes without any Entrie or other Act whatsoever and that for themselves their Lessees Farmers and Tennants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficiall manner to all Intents and Purposes as any of the Persons or Corporations whose offices or places are taken away by this Act at any time or times within the space of two yeares now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and Confidence neverthelesse and to the intent and purpose that they the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wolâ—aston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malborne Esqu and the Survivors and Survivor of them his and their heires Assignes shall satisfie
and pay unto all and every Arch-Bishop Bishop Deane Sub-deane Arch-Deacon Chanter Chancellour Treasurer Sub-Treasurer Succentor Sacrist â—rebendary Cannon Cannon Residentiary Pettie Cannon Vicars Chorall Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedrall or collegiate Churches such yearely Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament Assembled shall be ordered dirâ—cted and appointed And shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcell thereof and of the Revenues Rents Issues and profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the suâ—port of such a number of preaching Ministers for the service of every Caâ—heâ—rall and collegiate Church and His Majesties free Chappell of Windsor as by the Lords and Commons shall be ordered and appointed And likâ—wise for the maintenance of preaching Ministers throughout the Kingdom of Eâ—gland Dommion of Wales and Town of Barwâ—â—k in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedrall and collegiate Churches in such manner and forme and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further enacted by the Authority aforesaid that all Leases Guifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes of any the Mannors Lands Tenements or Hereditaments within or by this Act shall come or be limited or disposed of unto the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esquire other then for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme whereof any former Lease is in being and not to be Expired surrendred or ended within three yeares after the making of such Lease shall be utterly voyd and of none effect to all Intents Constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided neverthelesse where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir Williâ—m Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohâ— Packer Esqu Peter Malbourne Esqu that in such case it shall be lawfull for the said Sir William Roberts Knigâ—t Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malbâ—urne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires to make any Lease or state for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above taking such Fine as they in their Judgements shall conceive indifferent and reserving a reasonable Rent not being under the third part of the clear yearely value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmors and Tenants of all and every the said Persons and Corporations whosâ— Offices or places are taken away by this Statute now having holding or enjoying any Estate Terme or Interest in possession by himselfe his under Tenants or Assignes of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renuing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmors or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heires or Assignes shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid that all and singular Revenues Rents Issues Fees Profits Summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammer Schoole or Schollars or for or towards the Reparation of any Church Chappell High-way Causey Bridge Schoole-house Almes-house or other charitable use payable by any the Corporations or Persons whose Offices or places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses to the end the same may be distributed applied imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it ordained and enacted that the Lord Keeper of the Great Seale of England for the time being shall by vertue of this Act have full Power and Authority and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales to be directed unto such and so many Persons as bâ— the Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring thâ—m or any five or more of them and giving them full Power and â—uthority by the Oathes of good and lawfull men as by all other good and lawfull wayes and meanes to inquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadowes Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions
Portions of Tithes Vicaridges Churches Chappell 's Advowsons Nominations Presentations Rights of Patronage Parkes Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty doe belong or appertaine unto all every or any such Arch-Bishop Bishop Deane Sub-Deane Deane and Chapâ—er Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Canon Canon Residenciary Petty Canon Vicar Chorall Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or places respectively and what and how much of the same is in possession and the true yearely value thereof and what and how much thereâ—f is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate also the true yearely value of the same as they are now worth in Possession as also what Rents Pensions or other Charges or other summes of money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact particular survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and writings whatsoever belonging unto all or any the Persons Dignities Churches Corporatâ—ons Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairely written and ingross'd in Parchment to make returne and Certificate into the Court of Chancery and to this further intent purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the severall Parishes within the Kingdom of England Dominion of Wales Be it likewise ordayned and enacted that the same Commissioners and Persons authorized as abovesaid shall have full power and authority by the Oathes of good and lawfull men as by all other good wayes and lawfull meanes to enquire and find out the true yearly value of all Parsonages Vicaridges Presentative all other Spirituall and Ecclesiasticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truely and really worth by the yeare and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the severall Churches and Chappels are supplyed by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needfull necessary provided alwayes that this Act or any thing therein contayned shall not extend to any Colledge Church Corporation Foundation or house of Learning in either of the Vniversities within this Kingdom and the said Sr William Roberts Sr Thomas Atkins Sr Iohn Wollaston John Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes a re hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts Cellecting of Rents Surveying of Lands and all other necessary imployments in about the premisses and unto the Commâ—ssioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Summes of Money as in their discretion shall be thought just and conventent And the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malborne Esquires the Survivors and Survivor of them his and their Heires and Assignes of their severall Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to heare and determine all matters concerning such accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise saving to all and every Person and Persons Bodies Politique and Corporate their Heires and Successors and the Heires Successors of them and every of them other then such Person or Persons Bodies Politique and Corporate whose Offices Functions and authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claime to have or hold in right of their said Churches Dignities Functions Offices or places and other then the Kings Majesty his Heires and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politique and Corporate as may claime any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents charge Rent Service Annuities Offices Pensions Portions Commons Fees â—rofits claimes and demands either in Law or Equity whatsoever And all and singular such Leases for Yeares Life or Lifes as were before the Twentieth day of Iaâ—uary in the yeare of our Lord one Thousand sixe Hundred Forty two made unto them or any of them by any the Persons or Corporations above named according to the Lawes and Statutes of this Realme and warranted by the same and all such Leases and Estates as having been heretofore made have been established or setled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed And all duties and profits whatsoever which they or any of them have or may claime or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any pars or parcell thereof in such sort manner forme and condition to all intents constructions and purposes as if this Act had never been made The Articles of the late Treaty of the date Edenburgh the 29. of Novemb. 1643. Die Mercurii 3. Ianuarii 1644. ARTICLES of the Treaty agreed upon betwixt the Commissioners of 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 Authorised by the Committee of the said Estates concerning the solemne League and Covenant and the Assistance demanded in pursuance of the ends expressed in the same VVHereas the two Houses of the Parliament of England IV. out of a just and deep sence of
to perswade them into a beliefe that evill Counsellors and others prevalent with us did encourage and assist it By this means having a colour to raise Forces and to levy money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebells in Ireland they might thereby also raise a Warre in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this designe that whereas out of Our earnest desire of the reliefe of Our poor Subjects in Ireland and to shew the great sence we had of their miseries We had given way to severall unusuall Bills for raising of Forces and likewise to the Bill for the 400000l for the adventurers and others for raising of Moneys which Moneys by those Acts were to be paid to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usuall in like cases thence to be issued for publique use those supplies were diverted and imployed to feed and nourish a Rebellion in England rather then to suppresse that in Ireland Thus 100000l of the Adventurers Money was impâ—oyed for the Earle of Essex his Army when he first Marcht against us and that imployment of it though contrary to the expresse words of the Act which are that no part of that Money shall be imployed to any other purpose thâ—n the reâ—uâ—ing of those Rebels was publiquely justified by a Declaration made in the name of the House of Commons the 6th of September not long before the Battaile at Edge-Hill and at the same Bartaile severall Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny S Faithfull Fortescue and others were imployed against us at Edge-hill the moneys raised upon the Bill of 400000l others have been wholly made use of against Vâ— And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that Warre and misapplying the ayds intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity we shall hope not so intended by all of them are apparently in pursuance of that originall designe in begetting a suspition of our integrity in that businesse of Ireland and ingrossing the managing of that Warre and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Vs and advised as most necessary for the preservation of that Kingdom to tend to the utter destruction of the Protestants there and the continuance of the Ceslation there though but during the Warre here to be a countenancing of that bloudy Rebellion and We Our selves are charged to be privy and to give directions for the seising of some provisions made and sent for the supply of â—he Protestants in Ireland In the next place concerning the Warre there they demand that the prosecution of that Warre be setled in both Houses of Parliament to be managed by the advice of both Kingdoms of England and Scotland that is a Committee of both Kingdoms those of each Kingdom to have a negative voyce And all the Forces there to be under the Command of the Scotch Generall The Lievtenant and other great Officers and Judges there to be nominated by both Houses and that we should consent to passe all Acts to be proposed by them for the raysing of moneys and other things necessary for the prosecution of that Warre And notwithstanding all the zealous and patheticall expressions in those Papers desiring the continuance of that Warre and the execution of Iustice upon those Rebels It is not barely the prosecution of the Warre in zeale of Iustice that is desired that might be managed either by Vs whom God and the Law have entrusted solely with that power and whose Prâ—decessors have alone and without the concurrence of their Parliaments other then by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Vs They have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the Warre wherein those who are in Armes against us may have the sole managing of the Warre and of moneys to maintaine that Warre even while they are in Armes against Vs. For the Cessation already made it is apparent it was the onely visible meanes whereby the Kingdome was preserved the poore Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebells for want of Ammunition there being not above Forty Barrells of Powder there as appears by the Letters of the Lords Iustices and Councell of Ireland mentioned by Our Commissioners and no supplies of Victualls or Money sent in six months time before those Letters although Our Ships were then taken away from Vs and all the Forces at Sea belonging to this Kingdom were under their command Neither could the not making voyd or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a moneth they insist upon their demands of an Act of Parliament to make that Cessation voyd to which if We should have consented as We must have rendered our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnely made by our publique Ministers of State in Ireland and after consented unto by our selves so we must have implicitely confessed contrary to the truth that which they alleadge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloudy Rebellion and thereby having lost the Plea of our innocencie have also lost the hearts of Our people and rendred our selves guilty of those infamous slaunders which have bin charged upon Vs concerning the Irish Rebellion and which some were so willing to fix upon Vs that even during this Treaty when Mack Quire was impeached by them for this Rebellion for which he was by them after executed though they well knew confessions of men in his condition in hopes of Pardon or Reprives are not to be credited he was strictly examined concerning Vs as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if