Advocate Rives and D. Duck. And afterward in a Letter of one of the Commissioners for the two Houses He sent inclosed this Note Nov. 2. C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Ferne Dr. Morley XXXVIII From NEWPORT Sept. 29. MDCXLVIII Containing His Concessions HIS Majesty did use many earnest endeavours for a Personal Treaty which He hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for Peace which might put an end to His own sad condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His consent to the First Proposition But finding you are limited by Instructions which you have no warrant to communicate unto Him and having cause by your Paper of the twentieth of this present to believe that you have no power to omit or alter any thing though He shall give you such reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties reasons expressions and offers upon debate cannot be fully represented and from whence their Answers cannot be returned without much waste of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good Work now in hand may by God's blessing proceed more speedily and effectually to an happy conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent that the calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for three years the Directory for the publick Worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for three years by Act of Parliament the Form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgment or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or Form of Worship but have free practice of their own profession And that a free consultation and debate be had with the Assembly of Divines at Westminster in the mean time twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and Form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and the Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesom times divers of His Subjects have made contracts and purchaces and divers have disbursed great summs of moneys upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal estates for lives or for years at their choice not exceeding 99 years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Leases shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the propriety and inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof and the rent that shall be reserved to be for their maintenance His Majesty will give his Royal assent for the better observation of the Lord's day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying pluralities of Benefices by Spiritual persons and Non-residency and to an Act for regulating and Reforming both Universities and the Colledges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the education of the children of Papists by Protestants in the Protestant Religion As also to an Act for the true levying of the penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf As also to an Act to prevent the practices of Papists against the State and for putting the Laws in Execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth He conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the persons and estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm Yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the power therein mentioned after the present Distempers setled than shall be agreeable to the legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall arm train and discipline or cause to be armed trained or disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
We are to receive Advice for the Preservation of the Religion Laws and Safety of the Kingdom and as far as in Us lyes to restore it to its former Peace and Security Our chief and only end from those whom they have trusted though We cannot receive it in the place where We appointed And for the better encouragement of those Members of either House to resort to Us who may be conscious to themselves of having justly incurred Our Displeasure by submitting to or concurring in unlawful Actions and that all the World may see how willing and desirous We are to forget the Injuries and Indignities offered to Us and by an Union of English Hearts to prevent the lasting Miseries which this Foreign Invasion must bring upon this Kingdom We do offer a free and General Pardon to all the Members of either House who shall at or before the said twenty second day of January appear at Our City of Oxford and desire the same without Exceptions which considering the manifest Treasons committed against Us and the Condition We are now in improved by God's wonderful blessing to a better degree than We have enjoyed at any time since these Distractions is the greatest instance of Princely and Fatherly Care of Our People that can be expressed and which malice it self cannot suggest to proceed from any other Ground And therefore We hope and are confident that all such who upon this our gracious Invitation will not return to their Duty and Allegiance shall be no more thought Promoters of the Religion laws and liberty of the Kingdom which this way may be without doubt setled and secured but Persons engaged from the beginning out of their own Pride Malice and Ambition to bring Confusion and Desolation upon their Country and to that purpose having long since contrived the Design to invite and joyn with a Foreign Nation to ruine and extinguish their own and shall accordingly be pursued as the most desperate and malicious Enemies of the Kingdom And Our pleasure is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom and Dominion of Wales Given at Our Court at Oxford the two and twentieth day of December in the Nineteenth year of Our Reign 1643. God Save the KING MDCXLIII IV. A Letter from the Lords at Oxford and other Lords whose Names are subscribed to the Lords of the Privy-Council and the Conservators of the Peace of the Kingdom of Scotland Our very good Lords IF for no other Reason yet that Posterity may know we have done our Duties and not sate still while our Brethren of Scotland were transported with a dangerous and fatal mis-understanding that the Resolution now taken among them for an Expedition into England is agreeable to their obligation by the late Treaty and to the Wishes and Desires of this Kingdom expressed by the two Houses of Parliament we have thought it necessary to let your Lordships know That if we had dissented from that Act it could never have been made a Law And when you have examined and considered the Names of us who subscribe this Letter who we hope are too well known to your Lordships and to both Kingdoms to be suspected to want Affection to Religion or to the Laws and Liberties of our Country for the Defence and maintenance of which we shall always hold our Lives a cheap Sacrifice and when you are informed that the Earls of Arundel and Thanet and the Lords Stafford Stanhope Coventry Goring and Craven are in the parts beyond the Seas and the Earl of Chesterfield Westmorland and the Lord Mountague of Boughton under restraint at London for their Loyalty and Duty to His Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being in truth not above five and twenty Lords present or privy to those Councils or being absent consenting or concurring with them whereas the House of Peers consist of above one hundred besides Minors and Recusant Lords neither of which keep us company in this Address to your Lordships How we and the major part of the House of Commons come to be absent from thence is so notorious to all the World that we believe your Lordships cannot be strangers to it How several times during our sitting there Multitudes of the meanest sort of People with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the privilege of Parliament fill'd up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members and crying out many Hours together against the established Laws in a most tumultuous and menacing way How no remedy would be submitted to for preventing those Tumults After which and other unlawful and unparliamentary Actions many things rejected and setled upon solemn debate in the House of Peers were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliaments and so many of us withdrew ourselves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And we must therefore protest against any Invitation which hath been made to our Brethren of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England And we do conjure your Lordships by our common Allegiance and Subjection under one gracious Sovereign by the Amity and Affection between the two Nations by the Treaty of Pacification which by any such Act is absolutely dissolved and by all Obligations both Divine and Humane which can preserve Peace upon earth to use your utmost endeavours to prevent the effusion of so much Christian blood and the Confusion and Desolation which must follow the unjust Invasions of this Kingdom which we and we are confident all true English men must interpret as a Design of Conquest and to impose new Laws upon us And therefore your Lordships may be assured we shall not so far forget our own Interests and the Honour of our Nation as not to expose our Lives and Fortunes in the just and necessary defence of the Kingdom But if your Lordships in truth have any doubts or apprehensions that there now is or hereafter may be a purpose to infringe your Laws or Liberties from any Attempt of this Kingdom we do engage our Honours to your Lordships to be our selves most religious observers of the Act of Pacification and if the Breach and violation do not first begin within that Kingdom we are most confident you shall never have cause to complain of this And having thus far expressed Our selves to your Lordships we hope to receive such an Answer from you as may be a means to preserve a right understanding between the two Nations and lay an Obligation upon us to continue Your Lordships
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick Peace whereby to put an end to these present Miseries hath commanded this full and plain Narrative of all the Passages concerning that Treaty to be made and published AFter His Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them and all Indictments Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such Penalties as by mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29 of Novemb. 1643. and joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses shall agree upon after Consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges 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 perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And 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 maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences 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 Soccage and that His Majesty will please to accept in recompence hereof 100000 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 Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master 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 Arms 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 Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn 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 Kingdom 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 Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
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 chief and most necessary means for the attaining and establishing of it And we further observe that your Lordships have given us no Answer at all to our 15 th Proposition which we do likewise insist upon and desire your Answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied us in what we desired to know concerning the Powers of the Commissioners of both Kingdoms and 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 than the referring us to the Propositions themselves upon which we grounded our Questions And we conceive that your Lordships Propositions upon the Militia upon which you still insist have in truth appeared upon Debate to be most unreasonable in many particulars As that the Persons to be entrusted with the Militia should be nominated only 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 only and that His Majesty who is so much concerned therein shall have no Negative Voice as to such Powers but is absolutely excluded and that the Time should be unlimited so that His Majesty for Himself and His Posterity should for ever part with their peculiar Regal Power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never-denied Right of the Crown to make War 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 Voluntiers or ever more to have any Jurisdiction over Their own Navy or Fleet at Sea and so consequently must lose all estimation and confidence with Foreign Princes And many other expressions in the said Propositions do either signifie what we find your Lordships do not expect or intend or at least are so doubtful that the clear sense thereof is not evident to all understandings As by the literal sense of your Propositions neither the Sheriffs of Counties nor Justices of Peace and other Legal Ministers may raise Forces by the Posse Comitatus or otherwise to suppress Riots and remove forcible Entries or to perform the other necessary Duties of their places without out being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publick Peace as likewise all Civil Actions and Differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we believe 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 is 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 time of this settlement may be limited to three years 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 settled by His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordships shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the sixth of February for the agreement of the Commissioners between your Lordships and us to be equal we shall gladly receive any more equal way from your Lordships since it is apparent that that already proposed by your Lordships and which you insist upon in terminis is not fit to be consented to for the Quiet and Peace of the Kingdom presuming that you will think the Security ought to be mutual as the Fears and Jealousies are mutual 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 might 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 Justice Peace and Unity and not that we deny to consent to any reasonable Security for observance of the Agreement to be made of which we will always be most tender with regard to all persons concerned This was the last Paper delivered in the last of the six Days touching the Militia but that being taken up again in some part of the two last days of the Treaty as those of Religion and Ireland also were their Commissioners upon the breaking up of the Treaty about two of the clock in the Morning after the 22. of February gave in a Paper intended for an Answer to this Paper which nevertheless relates to the Paper here next following delivered by them the 21 st of February mentioning a limitation of time for seven years and for that cause is herein set down 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 days are these following Their Paper 21. Feb. VVHereas your Lordships have in several Papers much insisted That the Commissioners mentioned in the 17 th 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 seven years from the time of the passing the Act for the Militia and that after the expiration of such term the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by
the Trust reposed in them they having a Rule prescribed which they were not to transgress and being removable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being lyable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this War an Act of Oblivion is desired to be passed whereby all His Majesty's Subjects in both Kingdoms would have been put in one and the same condition and under the same protection with some exceptions mentioned in those Propositions And if the Commissioners had been severally chosen the memory of these unnatural Divisions must needs have been continued and probably being severally named would have acted dividedly according to several Interests and the War thereby might be more easily revived Whereas the scope of the Propositions we have tendred was to take away occasions of future Differences to prevent the raising of Arms and to settle a firm and durable Peace And to your Lordships Objections that the Commissioners were to continue without any limitation of Time although the reasonableness thereof hath been sufficiently manifested to your Lordships yet out of most earnest desires of Peace we have proposed to your Lordships a time of seven years as is expressed in our Paper delivered to your Lordships the 21 st of this instant And for the peculiar Royal Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and War we cannot admit thereof or that it is otherwise exercised than by Authority from His Majesty and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively neither are the Commissioners to have power to make Peace or War but that is referred to the 23 d. Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principal means to maintain them is to be raised by the free gift of the Subjects out of Tonnage and Poundage and other payments upon Merchandice and the Navy and Fleet being a principal means of our security the reasons are the same for them as for the Militia by Land And for what your Lordships alledge concerning Sheriffs and Justices of Peace and other legal Ministers not to raise the Posse Comitatus or Forces to suppress Riots without being lyable 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 legal Process nor can be intended to be any disturbance but for the preservation of the Peace nor can their power of hearing and determining Civil Actions and differences be extended further than preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27 th Proposition And whereas we seek the Militia to be setled in the 15 th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Union your Lordships defer them until the Peace shall be established Which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships do take into serious consideration the great Calamities and how occasioned to say no more you cannot think but that we ought to be most careful of preventing the like for the future And seeing all we desire for these so important ends is limited to a few years 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 again most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdoms the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and clear 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 earnestly 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 days of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were next Treated upon the three days following beginning the 7th of February and the same was also taken up again the 18th of February for other three days Their Propositions touching Ireland 7. Feb. WE desire that an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist and to do no act to discountenance or molest them therein The King's Commissioners Paper 7. February VVE desire to know whether the Paper we have received from your Lordships contain 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 business we shall give you full satisfaction in that Argument Their Paper 7. February WE are to insist upon other things concerning Ireland which 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 Notwithstand they delivered in these further Papers and Propositions following Their Paper 7. Feb. WE desire that an Act be passed in the Parliament of both Kingdoms respectively to confirm the Treaty concerning Ireland of the 6 th 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 publick Debts and Damages and that the Commissioners to be nominated as is appointed in the 17 th Proposition may order the War of Ireland according to the Ordinance of the 11 th 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 chief Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the Intervals of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next sitting and that the Judges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue quamdiu bene se gesserint and in the Intervals 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 sixth of August 1642. and the Ordinance of the 11 th of April therein mentioned together with another of the 9 th of March which see in the Appendix N o 7 and 8. The Kings Commissioners Paper 9. February WE desire to know what your Lordships intend or expect by those Words in your first Paper concerning Ireland and His Majesty 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 to assist we conceive is to be understood the giving of His Royal Assent to such Acts of Parliament as shall be presented unto him by both Houses for raising of Moneys from the Subject and for other things necessary to the prosecution of the War in Ireland and to be further aiding by his Power and Countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Feb. WE conceive that His Majesty had and hath Power to 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 that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared void without a breach of Faith and Honour in His Majesty and we are ready by Conference particularly to inform your Lordships of the Motives which induced His Majesty to consent to that Cessation Their Answer 10. Feb. WE conceive that His Majesty had not Power to make the Cessation in Ireland nor had any just grounds to do the same and therefore we insist as in our former Paper That an Act of Parliament be passed to make void the Cessation of Ireland and conceive that His Majesty is bound in Honour and Justice to consent unto the same and we are ready to confer with your Lordships as is desired and to receive your Lordships full Answer to this and the other particulars expressed in our Paper concerning Ireland After long Debates in Conference which spent the greatest part of the day touching the Motives of that Cessation and the King's Power to make it His Majesties Commissioners delivered in this Paper 10. Feb. WE have received no satisfaction or information in your Lordships Debate to alter our opinion of his Majesties Power to make the Cessation in Ireland and having carefully perused and considered the Statute alledged by your Lordships we cannot find any particular clause in that Statute neither have your Lordships mentioned any though often desired by us so to do whereby His Majesties Power to make a Cessation there is taken away and therefore we are still of opinion that His Majesty had full Power to make and consent to that Cessation And we conceive that we have given your Lordships an account of very just grounds to induce His Majesty to do the same it appearing to His Majesty by the Letters and Advice from the Lords Justices and Council of that Kingdom and of the Officers of His Majesties Army there which we have read to your Lordships and of which Letters and Advices we now give Copies to your Lordships That his Majesties good Protestant Subjects of that Kingdom were in imminent danger to be over-run by the Rebels and His Army to be disbanded for want of necessary Supplies and that there was no such probable way for their Preservation as by making a Cessation Neither have your Lordships given us any satisfying Reasons against the making the said Cessation or made it appear to us that that Kingdom could have been preserved without a Cessation and therefore we cannot apprehend how His Majesty can with Justice and honour declare the same to be void We shall be ready against the next time assigned for the Treaty touching Ireland to give your Lordships a further Answer to your Propositions concerning that Argument the Treaty concerning Ireland of the sixth of August 1642. and the Ordinance of the 11. of April 1644. which we did never see till your Lordships delivered us Copies of them making so great an Alteration in the Government there that we cannot be prepared for the present to make a full Answer to those Propositions Their Answer 10. Feb. IT is very contrary to our expectation to find your Lordships unsatisfied after those Arguments and Reasons alledged by us that His Majesty had not Power to make the Cessation with the Rebels in Ireland and that upon the perusal of the Statute it appears not to you that His Majesty had no Power to make that Cessation it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law from other Proceedings in Parliament and Circumstances as this case stands on which we still insist and do affirm that His Majesty had no Power to make or consent to that Cessation we do not see any just grounds in the Copies of the Letters given us by your Lordships for His Majesties assenting to the Cessation nor do we know by whom those Letters were written We are therefore still clearly of opinion notwithstanding all your Lordships have alledged that it was unfit for His Majesty to agree unto that Cessation being destructive to His good Subjects and to the Protestant Religion there and only for the advantage of the Popish Rebels to the high Dishonour of God the Disservice of His Majesty and evident prejudice of His three Kingdoms We therefore again desire your Lordships full Answer to what we have delivered to you concerning Ireland The King's Commissioners Paper 10. Feb. WE have given your Lordships our Reasons why we are not satisfied with your Arguments that His Majesty had not Power to make the Cessation and as upon the perusal of the Statute we can find no ground for that Opinion so your Lordships in your whole Debate have not insisted or mentioned one clause in that Statute though often desired which makes it good neither have your Lordships given us any Argument from the Common-Law other than by telling us That it is against the Common-Law
refused to consent to the Bill presented to His Majesty after this for the levying more Money for Ireland justly fearing that the same might be used as the former had been And for the few Cloaths for there were no Moneys intercepted by his Majesties Souldiers in His Majesties Quarters which are said to be intended for Ireland the same were intercepted near Coventry and going thither after that City had refused to receive His Majesty though at the Gates But His Majesty never refused to give any safe Pass through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the Extracts and Copies of the Letters delivered by us to your Lordships from the Lords Justices and Council of Ireland and the Officers of the Army we have been and are willing that your Lordships should compare them with the Originals but for your having the Names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that Advice might incur if at any time they should be found within your Quarters And having now satisfied your Lordships in the matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Majesties Protestant Subjects there and the re-setling of that Kingdom in His Majesties Obedience Their Reply 18. Feb. WE do conceive that the Arguments used by us might have fully satisfied your Lordships against His Majesties Power to make a Cessation with the Rebels in Ireland having answered whatsoever your Lordships have hitherto alledged to the contrary and offered if any other Doubts yet remain by Conference to clear them which still we are ready to do 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 principal Instruments for that Cessation and when they had taken up 2000 l. upon their personal security for the Army there they were presently after commanded from the Council by a Letter brought thither from His Majesty by the Lord Ormond's Secretary and when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arrears it was declared from His Majesty that He disapproved of such Subscriptions whereby that course was diverted And we do affirm that whatever Sums 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 Arms 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 go thither and when twelve Ships and six Pinnaces were prepared with a thousand or more Land-Forces for the Service of Ireland and nothing desired but a Commission from His Majesty the Ships lying ready and staying for the same were three Weeks together at three hundred Pound a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the Provision seized by His Majesties Forces were going for Coventry it was made known to His Majesty 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 Originals 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 unlawful We therefore insist on our Demands concerning Ireland as apparently good for His Majesties Subjects there and for reducing that Kingdom to His Majesties Obedience Before His Majesties 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 6 th of August concerning Ireland and Ordinances delivered with them the King's Commissioners gave in these several Papers The King's Commissioners First Paper 19. Feb. IN the eighth Article of the Treaty for the coming of the Scots Army into England dated 29. Novemb. 1643. at Edenburgh delivered to us by your Lordships among the Papers for Ireland and desired by the twelfth 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 Kingdom without the mutual advice and consent of both Kingdoms or the Committees in that behalf appointed 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 in Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland Their Answer 19. Feb. WE did in Answer to your Lordships Paper of the first of February upon the Propositions concerning Religion deliver the Treaty of the 29. 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. Feb. YOur Lordships did deliver the Treaty of the 29. of November 1643. to us with the Papers concerning Ireland and on the 7. 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 satisfied with our Answer of the 19. of this instant to your first Paper that day given to us for it will appear appear by your Lordships third Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenburgh 29. Novemb. 1643. was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the third 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 concern Ireland and so not pertinent to that Subject the Kings
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
to and near Coventry and that it was not made known to His Majesty that the same were for Ireland till after the seizure thereof when it was impossible to recover the same from the Soldiers who had taken them whereas if a safe Conduct had been desired by His Majesty as it ought to have been the same being to pass through his Quarters there would have been no Violence or Interruption offered For the giving the Names of the Persons who subscribed the Letters delivered to your Lordships the Originals of which have been shewed to you by us we have given your Lordships a full and reasonable Answer and if your Lordships will assure us that the giving their Names to you shall be no prejudice to the Persons who did subscribe if at any time any of them shall be found within your Quarters we will forthwith deliver their Names to you otherwise we conceive your Lordships cannot but give credit to that we have said and shewed to you All which we hope hath clearly satisfied your Lordships that the Cessation with the Rebels was neither unjust nor unlawful and that you will proceed to satisfie us by what means the War may be managed in Ireland with probable hope of the preservarion of His Majesties Protestant Subjects there we being very willing to concur with your Lordships in any just and honourable way for the good and settlement of that miserable Kingdom And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships clear Reasons why the Cessation which hath been made in Ireland is not in Reason or Justice to be made void and that the making void thereof if the same might be done is not or cannot be for the benefit or advantage of His Majesties Protestant Subjects in that Kingdom so long as the unhappy Wars in this Kingdom continue to the other part of your Lordships first Paper concerning Ireland for the prosecution of the War there to be settled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist we say That it appears by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that War shall be managed by a joynt Committee of both Kingdoms and that the Committee of each Kingdom shall have a Negative voice and consequently it is very probable that upon difference of Opinion between them that War may stand still or to the utter Ruin of His Majesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such Disagreement the Houses of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11. of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that War that Ordinance of the 11. of April expresly making the Earl of Leven the Scots General Commander in chief of all Forces in that Kingdom both British and Scotish without any reference unto His Majesty or His Lieutenant of that Kingdom and directing that the War shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England And therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11 of April as your Lordships propose by reason that thereby all His Majesties Authority would be wholly taken away in that Kingdom and in truth that whole Kingdom be thereby delivered into the hands of His Majesties Subjects of Scotland which we conceive is neither just prudent nor honourable to be done And we are of Opinion that it is not agreeable to His Majesties Honour or the Justice and Protection which He ows to His Subjects of His Kingdom of Ireland to put the nomination of His Lieutenant and Judges of that Kingdom out of Himself and to commit the whole Power of that Kingdom to others and to bind Himself to pass all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your Paper the 9. of this Instant you intend by those words His Majesty to assist in your first Paper And we conceive it cannot be expected that His Majesty should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the Advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other Reasons we conceive it doth appear to your Lordships that the Propositions as they are delivered to us by your Lordships are by no means fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and relief of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concur and we shall be very willing that the business of that Kingdom shall after a Peace settled in this be taken into consideration and ordered as His Majesty and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have been fully satisfied by what we have alledged against His Majesties Power to make the Cessation with the Rebels in Ireland and we cannot find those important Reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subjects there have been preserved or subsisted but we have made it evident that this Cessation tended to the utter Destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto And we observe your Lordships urge that this Cessation was the only means for the subsistence of the Protestants there when it cannot be denied but that very many of the Protestants in Vlster Munster and Connaught have yet subsisted although they have refused to submit to the Cessation and opposed the same as the means intended for their Ruin And we do affirm unto your Lordships that the two Houses of Parliament have been so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have been in so great Want and Extremity yet the two Houses not discouraged thereby have constantly sent
the Articles of the Peace they may in order thereunto upon pretence it is for the preservation of the Peace entertain and determine any Cause or Difference they please especially their Power by the Propositions being not only 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 tied up to any certain Law whereby to judge for ought appears 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 Scotish Nation they may without controul 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 Trained 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 settled by Us 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 and 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 burthen 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 Us 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 Arms and to settle a firm 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 settled it already by their Ordinance That the whole Militia of Ireland as well of Our English Subjects as Scotish shall be Commanded by Lesley Earl of Leven their Scotish General and be managed by the joynt Advice of the Scotish and English Commissioners and therein the Scotish as well as the English to have a Negative Voice and so by consequence subjecting the whole Government of that Kingdom to the manage of Our Scotish 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 Moneys for the VVar 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 Sovereign are denied 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 Scotish Commissioners to be joyned with them These Scotish Commissioners in matters wherein both Kingdoms are joyntly concerned and they may easily call and make what they will to be of joynt concernment are to have a Negative Voice so that the English can do nothing without them not so much as to raise Force to suppress a Commotion or prevent an Invasion if the Scotish 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 Scotish 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 Scotish as English as they have the sole Power of the Forces by Sea and Land so they must have a Court in a Civil way to hear and determine whatsoever Civil action that shall tend to the preservation of the Peace or whatsoever else is for the prevention of the violation of it within which general words and in order thereunto they may comprehend any cause or thing they please And as these Commissioners as well Scotish as English are to name all Commanders and Officers in Our Forts and Ships so in the Intervals of Paliament lest there should be too much dependance upon Us they are to name all the great Officers and Judges of both Our Kingdoms 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 Kingdoms of England and Ireland if as reflecting meerly upon Our selves and not entertaining such thoughts of Our Scotish 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 maintain the Rights of Our Crown so far as to be able to protect Our Subjects and what jealousies and heart-burnings it might probably produce betwixt Our Subjects of the two Kingdoms 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 far from being a Remedy to the present Distempers as they affirm in their Papers that as at present it would alter the whole frame and constitution of the Government of this Kingdom both Civil and Military so in the conclusion it would occasion the Ruin and Desolation of all Our Kingdoms His MAJESTIES Answer to the two Papers concerning Ireland IT hath been one of the chiefest designs 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 self yet to perswade them into a belief that evil 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 Rebels in Ireland they might thereby also raise a War in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this Design that whereas out of Our earnest desire of the relief of Our poor Subjects in Ireland and to shew the great sense We had of their Miseries We had
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
and Consent of the said Lords and Commons or of such Committees or Council in the Intervals of Parliament as they shall appoint 3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary as also for payment of the Publick Debts and Damages and for all other the Publick uses of the Kingdom 4. And to the end the temporary Security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late War shall be capable of bearing any Office of Power or publick Trust in the Commonwealth during the space of five years without Consent of Parliament or of the Council of State or to sit as Members or Assistants of either House of Parliament until the second Biennial Parliament be past III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland 1. That there be Commissioners for the Admiralty a Vice-Admiral and Rere-Admiral now to be agreed on with power for the forming regulating appointing of Officers and providing for the Navy and for ordering the same to and in the ordinary Service of the Kingdom and that there be a sufficient provision and establishment for Pay and maintenance thereof 2. That there be a General for Command of the Land-Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties consisting of Trained Bands and Auxiliaries not in pay with power for the proportioning forming regulating training and disciplining of them 4. That there be a Council of State with power to superintend and direct the several and particular powers of the Militia last mentioned for the Peace and Safety of this Kingdom and of Ireland 5. That the same Council may have power as the King 's Privy Council for and in all Forreign Negotiations provided That the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament 6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Term not exceeding seven years 7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland the establishment to continue until two Months after the meeting of the first Biennial Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the Intervals with submission to the Approbation of the next Parliament and after ten years they to nominate three and the King out of that number to appoint one for the succession upon any vacancy V. That an Act be passed for restraining of any Peers made since the 21. day of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without Consent of both Houses VI. That an Act be passed for recalling and making void all Declarations and other Proceedings against the Parliament or against any that have acted by or under their Authority in the late War or in relation to it and that the Ordinances for Indemnity may be confirmed VII That an Act be passed for making void all Grants c. under the Great Seal that was conveyed away from the Parliament since the time that it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Parliament VIII That an Act be passed for Confirmation of the Treaties between the two Kingdoms of England and Scotland and for appointing Conservators of the Peace betwixt them IX That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament Provided His Majesties Revenue be not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all Coercive Power Authority and Jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever extending to any Civil Penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiastical Censure to proceed ex officio unto any Civil Penalties against any persons so censured XII That there be a repeal of all Acts or Clauses in any Act enjoyning the use of the Book of Common Prayer and imposing any Penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penalty for not coming to Church or for Meetings elsewhere for Prayer or other Religious Duties Exercises or Ordinances and some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jusuites or Priests from disturbing the State XIII That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusors whereby men might be constrained to take it against their Judgments or Consciences but all Orders or Ordinances tending to that purpose to be repealed XIV That the things here before proposed being provided for settling and securing the Rights Liberties Peace and Safety of the Kingdom His Majesties Person His Queen and Royal Issue may be restored to a Condition of Safety Honour and Freedom in this Nation without diminution to their Personal Rights or further Limitation to the Exercise of the Regal Power than according to the particulars aforegoing XV. For the matter of Compositions 1. That a less number out of the Persons excepted in the two first Qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion included in the third Qualification may be reserved to the future Judgment of the Parliament as they shall find cause all other excepted persons may be remitted from the Exception and admitted to Composition 2. That the Rates for all future Compositions may be lessened and limitted not to exceed the several proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first Branch of the fourth Qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third Branches of the
will bear IV. That according to the seventh Head in the said Declaration an effectual course may be taken that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied V. That provision may be made for payment of Arrears to the Army and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late Desires and Proceedings thereof and in the next place for payment of the Publick Debts and Damages of the Kingdom and that to be performed first to such persons whose Debts or Damages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In order to all which and to the fourth particular last preceding we shall speedily offer some farther particulars in the nature of Rules which we hope will be of good use towards publick satisfaction August 1. 1647. Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War Jo. Rushworth Secret Propositions presented to His MAJESTY at Hampton-Court upon Tuesday the seventh of September 1647. by the Earls of Pembroke and Lauderdale Sir Charles Erskin Sir John Holland Sir John Cooke Sir James Harrington Mr. Richard Browne Mr. Hugh Kenedy and Mr. Robert Berkley in the names of the Parliament of England and in behalf of the Kingdom of Scotland May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which We do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively Heads of the Propositions presented to the King's Majesty for a safe and well-grounded Peace 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms 2. His Majesty to sign the Covenant 3. To pass a Bill for abolishing Bishops 4. To pass a Bill for Sale of Bishops Lands 5. To confirm the sitting of the Assembly 6. Religion to be reformed as the Houses agree 7. Such Vniformity of Religion to be passed in an Act. 8. An Act passed against Popish Recusants 9. For Education of the Children of Papists 10. For laying Penalties upon Papists 11. An Act for prevention of Popish practices And the like for the Kingdom of Scotland 12. For the Royal Assent to Acts for the Lords day for preaching against Innovations regulating Colledges and for publick Debts and Damages The like for Scotland 13. to pass the settling of the Militia and Navy 14. To null the old Great Seal 15. For settling of Conservators for the Peace of the Kingdoms 16. The joynt Declarations and the Qualifications against Malignants 17. An Act to be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace with the Irish Rebels 18. The settling of the Militia of the City of London 19. The Great Seal with the Commissioners of Parliament and all Acts by it to be made good His MAJESTIES Answer to the Propositions of both Houses Hampton-Court Sept. 9. 1647. For the Speaker of the Lords House pro tempore to be communicated to both Houses of the Parliament of England and the Commissioners of the Kingdom of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as he believes all his good Subjects are of the late great Distractions and still languishing and unsetled State of this Kingdom and he calls God to Witness and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition His Majesty having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his Conscience and Honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of Affairs then when they were formerly presented unto him as being destructive to the main principal Interests of the Army and of all those whose Affections concur with them And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them and with them to be Treated on in order to the clearing and securing the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace to which Proposals as he conceives his two Houses not to be strangers so he believes they will think with him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him He therefore propounds as the best way in his Judgment in order to a Peace that his two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with his Majesty and upon such other Propositions as his Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of his Majesties full Concession wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession with Liberty to tender Consciences and the securing of the Laws Liberties and Properties of all his Subjects and the just Priviledges of Parliament for the future And likewise by his present deportment in this Treaty he will make the World clearly judge of his Intentions in matter of future Government In which Treaty his Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures his two Houses of Parliament by the Duty they owe to God and his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this his Majesties Offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom Given at Hampton-Court the ninth of September 1647. His MAJESTIES Message to both Houses left by Him on His
perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as his Majesty shall find necessary to propose on his part he earnestly desires a Personal Treaty at London with his two Houses in Honour Freedom and Safety it being in his Judgment the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or to avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his two Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due Elections should be taken into consideration As for what concerns the Kingdom of Scotland his Majesty will very readily apply himself to give all reasonable satisfaction when the Desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto him From the Isle of Wight Novemb. 17. 1647. His MAJESTIES Declaration at the Isle of VVight Novemb. 19. 1647. CHARLES R. HIS Majesty doth declare That he came from Hampton-Court for no other cause but for the preservation of His Person which was as He apprehended in such danger that He could not with Safety continue longer there That if He could have been there with Safety He would not have departed thence nor from the Army And that He chose this place rather than any other when He was at liberty to have gone whither He pleased that He might still continue under the protection of the Army Colonel Hammond being a Member thereof and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace to which He professes a very great inclination and desire and that there shall be nothing wanting on His part that may be reasonably expected from Him And His Majesty doth further Declare That in case these Gentlemen be taken from Him and punished as evil doers for counselling Him not to go out of the Kingdom but rather to come to the place where He now is for the ends aforesaid and for their endeavouring accordingly in attending Him hither He cannot but Himself expect to be dealt with accordingly His case being the same Carisbrooke Castle Novemb. 19. 1647. His MAJESTIES Letter to Sir THOMAS FAIRFAX from Carisbrooke Novemb. 26. 1647. For Sir Thomas Fairfax General CHARLES R. HAving left Order at Our remove from Hampton-Court that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing and the continuance of Our Resolutions to improve every occasion of the satisfaction of all chief Interests that so a happy Peace may be settled in Our Dominions in pursuance whereof We have lately sent a Message to both Houses from this place and a Copy of it to you and being desirous in order to that blessed Work to give you Our present sense upon the condition of Affairs as they now stand We have thought fit to appoint Sir John Barkley to repair unto you and to communicate the same to you and We shall be glad by him to receive a mutual communication of your sense also upon this Subject not doubting but you easily perceive by the late Disorders into what a depth of Confusion the Army and the Nation will fall if timely and effectual preventions be not used And therefore We have now again proposed as the only Expedient a Personal Treaty for the composing of all differences and fulfilling the desires of all Interests to which if you will imploy your Credit as you cannot but expect the Blessings of God upon your endeavours therein so you may justly look for the best return that ever Our Condition shall be able to make you Given at Carisbrooke Castle the 26. day of Novemb. 1647. His MAJESTIES Message to both Houses from Carisbrook Castle Dec. 6. 1647. To the Speaker of the House of Peers pro tempore to be communicated to both Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receit of His Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace His Majesties constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that Acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude If ye will but consider in how little time this necessary good Work will be done if you the two Houses will wait on His Majesty with the same Resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesties earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least Concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace From Carisbrook Castle Decemb. 6. 1647. MDâ—XLVII Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed Together with the Propositions sent unto Him at the same time which upon the passing of those Bills were to be Treated upon THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills which have passed the two Houses of Parliament thus severally Entituled viz. An Act concerning the raising settling and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed An Act for justifying the Proceedings of Parliament in the late War and for declaring all Oaths Declarations
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
passed for abolishing Bishops and all Appendants to them 10. That the Ordinances for disposing of Bishops Lands be confirmed by Act. 11. That an Act be passed for the sale of Church-Lands 12. That Delinquents be proceeded against and their Estates disposed of according to the several Qualifications 13. Than an Act be passed for discharge of Publick Debts 14. That Acts be passed for settling the Presbyterian Government and Directory Fourteen of the Thirty nine Articles revised by the Assembly of Divines Rules and Directions concerning Suspension from the Lords Supper 15. That the chief Governour and Officers in Ireland and the great Officers in England be nominated by both Houses 16. That an Act be passed for conviction of Popish Recusants 17. That an Act be passed for the Education of the Children of Papists by Protestants 18. That an Act be passed for levying the Penalties against Popish Recusants 19. That an Act be passed for preventing the Practices of Papists against the State and hearing Mass 20. That an Act be passed for Observation of the Lords day 21. And a Bill for suppressing Innovations 22. And for advancement of Preaching 23. And against Pluralities and Non-residency They have also commanded us to desire That Your Majesty give Your Royal Assent to these Bills by Your Letters-Patents under the Great Seal of England and signed by Your Hand and Declared and Notified to the Lords and Commons assembled together in the House of Peers according to the Law declared in that behalf it appearing unto them upon mature deliberation that it stands not with the Safety and Security of the Kingdom and Parliament to have Your Majesties Assent at this time given otherwise They desire therefore that Your Majesty be pleased to grant Your Warrant for the draught of a Bill for such Your Letters Patents to be presented to Your Majesty and then a Warrant to Edward Earl of Manchester and William Lenthal Esquire Speaker of the House of Commons who have now the Custody of the Great Seal of England to put the same of Your Majesties Letters-Patents signed as aforesaid thereby authorizing Algernon Earl of Northumberland Henry Earl of Kent John Earl of Rutland Philip Earl of Pembroke William Earl of Salisbury Robert Earl of Warwick and Edmond Earl of Moulgrave or any three of them to give Your Majesties Royal Assent unto the said Bills according to the Law in that behalf declared And for the other particulars contained in the aforementioned Propositions the two Houses of Parliament will after such Your Majesties Assent given to the said Bills send a Committee of both Houses to Treat with Your Majesty in the Isle of Wight thereupon The Paper of the Scots Commissioners delivered to His MAJESTY when the Four Bills and Propositions were presented THere is nothing which we have more constantly endeavoured and do more earnestly desire than a good Agreement and happy Peace between Your Majesty and Your Parliaments of both Kingdoms neither have we left any means unassayed that by united Counsels with the Houses of the Parliament of England and by making joynt Applications to Your Majesty there might be a composure of all Differences But the new Propositions communicated to us by the Houses and the Bills therewith presented to Your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendred to Your Majesty London Lauderdale Char. Erskin Hu. Kennedy Ro. Berclay His MAJESTIES Answer to the Four Bills and Propositions Dec. 28. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least Difficulties He hath met with since the time of His Afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his Consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot imagine how to give such an Answer to what is now proposed as thereby to promise himself his great End A Perfect Peace And when his Majesty farther considers how impossible it is in the condition he now stands to fulfil the desires of his two Houses since the only ancient and known ways of passing Laws are either by his Majesties Personal Assent in the House of Peers or by Commission under his Great Seal of England he cannot but wonder at such failings in the manner of Address which is now made unto him unless his two Houses intend that his Majesty shall allow of a Great Seal made without his Authority before there be any consideration had thereupon in a Treaty which as it may hereafter hazard the Security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a Treaty was only to obtain a Trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the devesting himself of all Sovereignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an Arbitrary and unlimited Power to the two Houses for ever to raise and levy Forces for Land or Sea-service of what persons without distinction or quality and to what numbers they please and likewise for the payment of them to levy what moneys in such sort and by such ways and means and consequently upon the Estates of whatsoever persons as they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties Trust in protecting them So that if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills his Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto and if not what a strange condition after the passing of these Four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding
Peers pro tempore and William Lenthal Speaker of the House of Commons My Lord and Mr. Speaker I Have received your Letter of the second of this Month containing the Names of those who are to Treat with Me and though they do not come at the time appointed I shall not wonder at first judging it too short in respect of My two Houses not of My self so that I did not imagine it could be kept as I then commanded Sir Peter Killegrew to tell you by word of Mouth and therefore it shall be far from Me to take Exceptions for their having elapsed the appointed time for God forbid that either my two Houses or I should carp at circumstances to give the least impediment to this Treaty much less to hinder the happy finishing of it I say this the rather because I know not how it is possible in this I shall wish to be deceived that in Forty days Treaty the many Distractions of these Kingdoms can be setled and if so it were more than strange that time enough should not be given for the perfecting of this most great and good Work which as I will not believe can be stuck on by the two Houses so I am sure it shall never be by Carisbrook 7. Sept. 1648. Your good Friend CHARLES R. I think fit to tell you because I believe in this Treaty there will be need of Civil Lawyers I have sent for My Advocate Rives and D. Duck. And afterward his Majesty desired the Persons named in this Note inclosed in a Letter of one of their Commissioners Novemb. 2. to be sent to Him C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Fern Dr. Morley The Propositions of both Houses being the same which had been presented to his Majesty at Hampton-Court and little differing from those which had been largely discussed in the former Treaties at Oxford and Uxbridg for this reason as also because neither Party did publish the particulars of this Treaty we have thought fit to represent only what is Authentick and therefore shall add only His Majesties fair Offers in order to a Peace His MAJESTIES Propositions 29. Sept. 1648. HIS Majesty did use many earnest endeavours for a Personal Treaty which he hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for a Peace which might put an end to His own sad Condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His Consent to the First Proposition But finding you are limited by Instructions which you have no Warrant to communicate unto Him and having cause by your Paper of the 20. of this present to believe that you have no power to omit or alter any thing though He shall give you such Reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties Reasons Expressions and Offers upon Debate cannot be fully represented and from whence their Answers cannot be returned without much wast of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties Presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good work now in hand may by God's blessing proceed more speedily and effectually to an happy Conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent That the Calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for Three years the Directory for the Publick worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for Three years by Act of Parliament the form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgement or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or form of Worship but have free practice of their own profession And that a free Consultation and debate be had with the Assembly of Divines at Westminster in the mean time Twenty of His Majesties Nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesome times divers of His Subjects have made Contracts and Purchases and divers have disbursed great Sums of Money upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal Estates for Lives or for Years at their choice not exceeding ninety nine years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Lease shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the Propriety and Inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof And the rest that shall be reserved to be for their maintenance His Majesty will give His Royal Assent for the better observation of the Lords day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying Pluralities of Benefices by Spiritual Persons and Non-residency and to an Act for Regulating and
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
intention to continue this War any longer or to make any Division between His two Kingdoms but to give such contentment to both as by the blessing of God He might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of His Progenitors And since the setling of Religion ought to be the chiefest care of all Counsels His Majesty most earnestly and heartily recommends to His two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary work and particularly that they take the advice of the Divines of both Kingdoms assembled at Westminster Likewise concerning the Militia of England for securing His People against all pretensions of Danger His Majesty is pleased to have it setled as was offered at the Treaty at Vxbridge all the persons being to be named for the trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by His Majesty and His two Houses of Parliament And the like for the Kingdom of Scotland Concerning the Wars in Ireland His Majesty will do whatsoever is possible for Him to give full satisfaction therein And if these be not satisfactory His Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto Him His Majesty being resolved to comply with His Parliament in every thing that shall be for the Happiness of His Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these offers he will neither question the thankful acceptation of them nor doth He doubt but that His two Kingdoms will be careful to maintain Him in His Honour and in His just and lawful Rights which is the only way to make a happy composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for the time to come and will take a speedy course for easing and quieting His afflicted People by satisfying the publick Debts by disbanding of all Armies and whatsoever else shall be judged conducible to that end that so all hindrances being removed He may return to His Parliament with mutual comfort Southwell May 18. 1646. POSTSCRIPT HIS Majesty being desirous to shun the further effusion of Blood and to evidence His real intentions to Peace is willing that His Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honorable Conditions Which being granted to the Town and Forces there His Majesty will give the like Order to the rest of the Garrisons XXIV From NEW CASTLE Jun. 10. MDCXLVI For Propositions for Peace and a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of His People in His three Kingdoms for some years past and being afflicted with their distresses and unquiet conditions through the distractions about Religion the keeping of Forces on foot in the Fields and Garrisons the not satisfying of publick Debts and the fears of the further effusion of blood by the continuance of an unnatural War in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary causes of His coming from Oxford unto the Scotish Army without any intention to make a Division where He is in freedom and right capacity to settle a true Peace and containing such offers as He conceived would have been accepted with a general clause of complying with their desires and being impatient of delays and not acquainted with the particulars which may give contentment to them His Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto Him that upon consideration of them He may apply Himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto His Majesty doth further propound That He may come to London with Safety Freedom and Honour where He resolves to comply with His Houses of Parliament in every thing which may be most for the good of His Subjects and perfect what remains for setling both Kingdoms and People in a happy condition being likewise most confident that they according to their reiterated Declarations and solemn Protestations will be zealous in the maintenance of His Honour and just and lawful Rights And as His Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom so He is willing forthwith to disband all His Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these offers His Majesty shall have such satisfaction as He may be confident a firm Peace shall ensue thereon His Majesty will then give order for His Son the Prince his present return Newcastle the tenth of June 1646. To Our Trusty and Well-beloved Sir Thomas Glenham Sir Thomas Tildesley Col. H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Lichfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our intentions of setling a happy and firm Peace to require you upon honourable terms to quit those Towns Castles and Forts intrusted to you by Vs and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. XXV From NEWCASTLE Aug. 1. MDCXLVI For a Personal Treaty upon the Propositions sent Him To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE Propositions tendered to His Majesty by the Commissioners from the Lords and Commons of the Parliament of England assembled at Westminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many months for deliberation as they have assigned days for His Majesties Answer do import so great alterations in Government both in Church and Kingdom as it is very difficult to return a particular and positive Answer before a full
upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid That Monies be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said powers or authorities or any of them without the consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of high Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this the several Names of the Commissioners were called over every one who was present rising up and answering to his call The King having again placed Himself in the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said CHARLES STUART King of England The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves they have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to Rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what you Answer is KING Sir by your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let Me tell you they may put in Demurrers against any proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them KING I deny that shew Me one Precedent Bradshaw Sir you ought not to interrupt while the Court is speaking to you This point is not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction KING I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other High Crimes the Court have determined that you ought to answer the same KING I will answer the same so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again KING I do require that I may give in My Reasons why I do not answer and give Me time for that Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we shall give order to record your Default KING You never heard My Reasons yet Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final Determination KING Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw Sir you are not to have liberty to use this language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge KING Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
Me but this Delay I doubt not but I shall give some satisfaction to you all here and to My People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say KING I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire only one word before you give Sentence and that is That you would hear Me concerning those great Imputations that you have laid to My charge Bradshaw Sir you must give me now leave to go on for I am not far from your Sentence and your time is now past KING But I shall desire you will hear Me a few words to you for truly whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much Liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes We are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty What sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated Which Charge being read unto him as aforesaid he the said Charles Stuart was required to give his Answer but he refused so to do Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
used that Power Iustly which unjustly he did Usurp Place this P. 241. The most high ruleth in the Kingdome of Men and giueth it to Whoâ—sâ—ever he will and setteth up over it the Basest of men Dan 4. v. 17. Ph. Fruitiers deliâ— Iac. Neeâ—â—s sculp 〈◊〉 DECLARATIONS AND PAPERS Concerning the Difference betwixt His MAJESTY AND HIS Fifth Parliament MDCXLI Decemb. 1. The House of Commons PETITION and Remonstrance of the state of the Kingdom with his Majesties Answers The PETITION of the House of Commons which accompanied the Declaration of the state of the Kingdom when it was presented to His MAJESTY at Hampton-Court Most Gracious Sovereign YOUR Majesties most humble and faithful Subjects the Commoners in this present Parliament assembled do with much thankfulness and joy acknowledge the great mercy and favour of God in giving Your Majesty a safe and peaceable return out of Scotland into Your Kingdom of England where the pressing Dangers and Distempers of the State have caused us with much earnestness to desire the comfort of Your gracious presence and likewise the Unity and Justice of your Royal Authority to give more life and power to the dutiful and loyal Counsels and Endeavours of Your Parliament for the prevention of that imminent Ruine and Destruction wherein Your Kingdoms of England and Scotland are threatned The duty which we owe to Your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed among the People to blemish and disgrace our proceedings in this Parliament and to get themselves a party and faction amongst Your Subjects for the better strengthening of themselves in their wicked courses and hindering those provisions and remedies which might by the Wisdom of Your Majesty and Counsel of Your Parliament be opposed against them For preventing whereof and the better information of Your Majesty Your Peers and all other Your loyal Subjects we have been necessitated to make a Declaration of the state of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to Your Majesty without the least intention to lay any blemish upon Your Royal Person but only to represent how Your Royal Authority and trust have been abused to the great prejudice and danger of Your Majesty and of all Your good Subjects And because we have reason to believe that those malignant parties whose proceedings evidently appear to be mainly for the advantage and increase of Popery are composed set up and acted by the subtile practice of the Jesuites and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of Your loyal Subjects have so far prevailed as to corrupt divers of Your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of Your Privy Council and other employments of trust and nearness about your Majesty the Prince and the rest of Your Royal Children And by this means have had such an operation in Your Council and the most important affairs and proceedings of Your Government that a most dangerous division and chargeable preparation for War betwixt your Kingdoms of England and Scotland the increase of Jealousies betwixt Your Majesty and Your most obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in Your Kingdom of Ireland and bloody Massacre of Your People have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment hereof Your poor Subjects are enforced to ingage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliament undergone the charge of 150000. pounds sterling or thereabouts for the necessary support and supply of Your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the peace safety and preservation of Your Majesty and Your People if some present real and effectual course be not taken for suppressing this wicked and malignant party We Your most humble and obedient Subjects do with all faithfulness and humility beseech Your Majesty 1. That You will be graciously pleased to concurre with the humble desires of Your People in a Parliamentary way for the preserving the peace and safety of the Kingdom from the malicious designs of the Popish party For depriving the Bishops of their Votes in Parliament and abridging their immoderate power usurped over the Clergy and other Your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of Your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For uniting all such Your loyal Subjects together as joyn in the same Fundamental Truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest For the due execution of those good Laws which have been made for securing the Liberty of Your Subjects 2. That Your Majesty will likewise be pleased to remove from Your Council all such as persist to favour and promote any of those Pressures and Corruptions wherewith Your People have been grieved and that for the future Your Majesty will vouchsafe to employ such persons in Your great and publick Affairs and to take such to be near You in places of trust as Your Parliament may have cause to confide in that in Your Princely Goodness to Your People You will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That You will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to Your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to Your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by Your Majesty we will by the blessing and favour of God most chearfully undergo the hazard and expences of this War and apply our selves to such other courses and counsels as may support Your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting foundation of the Greatness and Prosperity of Your Majesty and Your Royal Posterity in future times A REMONSTRANCE
and Innovations as might make them apt to joyn with England in that great Change which was intended Whereupon new Canons and a new Liturgy were prest upon them and when they refused to admit of them an Army was raised to force them to it towards which the Clergy and the Papists were very forward in their Contribution The Scots likewise raised an Army for their defence and when both Armies were come together and ready for a bloody encounter His Majesties own Gracious Disposition and the Counsel of the English Nobility and Dutiful submission of the Scots did so far prevail against the evil Counsel of others that a Pacification was made and His Majesty returned with Peace and much Honour to London The unexpected Reconciliation was most acceptable to all the Kingdom except to the malignant party whereof the Archbishop and the Earl of Strafford being heads they and their faction begun to inveigh against the Peace and to aggravate the proceeding of the States which so incensed His Majesty that He forthwith prepared again for War And such was their confidence that having corrupted and distempered the whole frame and Government of the Kingdom they did now hope to corrupt that which was the only means to restore all to a right frame and temper again To which end they perswaded His Majesty to call a Parliament not to seek counsel and advice of them but to draw countenance and Supply from them and engage the whole Kingdom in their Quarrel and in the mean time continued all their unjust Levies of Money resolving either to make the Parliament pliant to their Will and to establish mischief by a Law or else to brake it and with more colour to go on by violence to take what they could not obtain by consent The ground alledged for the justification of this War was this That the undutiful Demands of the Parliaments of Scotland was a sufficient reason for His Majesty to take Arms against them without hearing the Reason of those Demands And thereupon a new Army was prepared against them their Ships were seized in all Ports both of England and Ireland and at Sea their Petitions rejected their Commissioners refused Audience this whole Kingdom most miserably distempered with Levies of Men and Money and Imprisonments of those who denied to submit to those Levies The Earl of Strafford past into Ireland caused the Parliament there to declare against the Scots to give four Subsidies towards that War and to ingage themselves their Lives and Fortunes for the prosecution of it and gave directions for an Army of eight thousand foot and one thousand horse to be levied there which were for the most part Papists The Parliament met upon the thirteenth of April one thousand six hundred and forty The Earl of Strafford and Archbishop of Canterbury with their Party so prevailed with His Majesty that the House of Commons was prest to yield to a Supply for maintenance of the War with Scotland before they had provided any relief for the great and pressing Grievances of the people which being against the fundamental Privilege and proceeding of Parliament was yet in humble respect to His Majesty so far admitted as that they agreed to take the matter of Supply into consideration and two several days it was debated Twelve Subsidies were demanded for the release of Ship-money alone A third day was appointed for conclusion when the Heads of that Party begun to fear the people might close with the King in satisfying his desire of money but that withal they were like to blast their malicious designs against Scotland finding them very much indisposed to give any countenance to that War Thereupon they wickedly advised the King to break off the Parliament and to return to the ways of Confusion in which their own evil intentions were most like to prosper and succeed After the Parliament ended the fifth of May 1640. this Party grew so bold as to counsel the King to supply Himself out of his Subjects states by His own Power at His own will without their consent The very next day some Members of both Houses had their studies and cabinets yea their pockets searched another of them not long after was committed close prisoner for not delivering some Petitions which he received by authority of that House And if harsher courses were intended as was reported it is very probable that the sickness of the Earl of Strafford and the tumultuous rising in Southwark and about Lambeth were the causes that such violent intentions were not brought to execution A false and scandalous Declaration against the House of Commons was published in his Majesties Name which yet wrought little effect with the people but only to manifest the impudence of those who were Authors of it A forced Loan of money was attempted in the City of London The Lord Mayor and Aldermen in their several Wards enjoyned to bring in a list of the names of such persons as they judged fit to lend and of the summ they should lend And such Aldermen as refused so to do were committed to prison The Archbishop and the other Bishops and Clergy continued the Convocation and by a new Commission turned it to a Provincial Synod in which by an unheard of presumption they made Canons that contain in them many matters contrary to the Kings Prerogative to the fundamental Laws and Statutes of the Realm to the Right of Parliaments to the Property and Liberty of the Subject and matters tending to Sedition and of dangerous consequence thereby establishing their own Usurpations justifying their Altar-worship and those other superstitious Innovations which they formerly introduced without warrant of Law They imposed a new Oath upon divers of his Majesties Subjects both Ecclesiastical and Lay for maintenance of their own Tyranny and laid a great tax upon the Clergy for supply of his Majesty and generally they shewed themselves very affectionate to the War with Scotland which was by some of them styled Bellum Episcopale and a Prayer composed and enjoyned to be read in all Churches calling the Scots Rebels to put the two Nations into blood and make them irreconcilable All those pretended Canons and Constitutions were armed with the several Censures of Suspension Excommunication Deprivation by which they would have thrust out all the good Ministers and most of the well affected people of the Kingdom and left an easie passage to their own design of reconciliation with Rome The Popish party enjoyned such exemptions from the Penal Laws as amounted to a Toleration besides many other encouragements and Court-favours They had a Secretary of State Sir Francis Windebank a powerful Agent for the speeding of all their desires a Pope's Nuntio residing here to act and govern them according to such influences as he received from Rome and to intercede for them with the most powerful concurrence of the foreign Princes of that Religion By his authority the Papists of all sorts Nobility Gentry and Clergy were convocated after the
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled 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 settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain 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 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. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners 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 do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for 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 and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty 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 believe 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 Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms 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 of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm 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 Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual 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 settled as after a Peace established shall be agreed by the joynt consent of His Majesty 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 Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually 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 Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th 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 Kingdom 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 mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th 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 memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless 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 whereas your Lordships do propound that if we shall further insist upon the
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
great proportions of all necessary Supplies unto the Protestants there whereby they have subsisted and have very lately sent thither and have already provided to be speedily sent after in Money Victuals Cloaths Ammunition and other Necessaries to the value of sevenscore thousand Pounds and they have not desired any other Provision from His Majesty but what He was well able to afford herein only His assistance and Consent in joyning with His two Houses of Parliament for the better enabling them in the prosecution of that War And we are so far from apprehending any impossibility of reducing that Kingdom during the unhappy distractions here that although many of the Forces provided by the two Houses for that end were diverted and imployed against the Parliament to the increasing of our Distractions yet the Protestants in Ireland have subsisted and do still subsist and we have just cause to believe that if this Cessation had not been obtained by the Rebels and that in the time of their greatest Wants and that these Forces had not been withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdom For the pretended Necessities offered as grounds of this Cessation we have already given your Lordships we hope clear information For the Persons whose Advice His Majesty followed therein your Lordships have not thought fit to make them known unto us and we cannot conceive their Interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many Persons of all sorts have forsaken that Kingdom rather then they would submit unto this Cessation and great numbers of considerable Persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible means of their Destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the state of the War to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant of but are well assured that what they did was in pursuance of their Duty and for advancement of the publick Service and suppressing of that horrid Rebellion and we cannot but still affirm they were discountenanced and commanded from the Council there where the prosecution of that War was to be managed and that it was declared from His Majesty that he disapproved of the Subscriptions of the Officers of the Army by means whereof that course was diverted Concerning the Moneys raised for Ireland we have in our former Papers given your Lordships a full and just Answer and we are sorry the same cannot receive credit Those Moneys raised upon charitable Collections we do positively affirm were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested We are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledged was denied was only such as they conceived most necessary for advancement of that Service and the denial thereof proved very prejudicial thereunto And we must again inform your Lordships that it was well known at the time when the Goods were seized by His Majesties Forces as your Lordships allege near Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other Provisions made and sent for the same purpose were likewise seized and taken away by some of His Majesties Forces as we have been credibly informed not without His Majesties own knowledge and direction Your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well justifie and if the same be well done they need not fear to give an Account thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withal then shall be agreeable to Justice Upon the whole matter notwithstanding the Allegations Pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether unjust unlawful and destructive to His Majesties good Subjects and of advantage to none but the Popish bloody Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and Duty obliged upon our former Demands concerning Ireland which we conceive most Just and Honourable for his Majesty to consent unto We know no other ways to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by God's blessing we shall speedily settle that Kingdom in their due Obedience to His Majesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles and Ordinances delivered by us unto your Lordships there should be a ground for your Opinion that upon any Differences between the Committees or Commanders imployed about the War of Ireland the War should stand still or be dissolved nor do we find that the Ordinance of the 11. of April can produce any such inconvenience as your Lordships do imagine nor doth the making of the Earl of Leven Commander in chief of the Scotish and British Forces and the settling of the prosecution of the War of Ireland in the two Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms take away the relation to His Majesties Authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties Consent is humbly desired and the whole Power is derived from him only the Execution of it is put into such a way and the General is to carry on the War according to the Orders he shall receive from the Committee of both Kingdoms and in case of Disagreement in the Committee the two Houses of Parliament are to prosecute that War as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyn with the Commander in chief of the Scotish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our Answer to your Lordships second Paper of this day Nor doth the naming of the Earl of Leven to be General any more take away the Power of the two Houses then if he were a Native of this Kingdom or is there any part of the Kingdom of Ireland delivered over into the hands of his Majesties Subjects of the Kingdom of Scotland who do only joyn with their Councils and Forces for carrying on the War and reducing that Kingdom to his Majesties Obedience And we conceive it most conducing for the good of his Majesties Service and of that Kingdom that
the Lords Justices and Council there yet we were assured even by some who were of the Council at that time when the Letters were written that the same was done only to press for Supplies from hence without the least intention in them of inducing a Cessation neither do the Copies contain any thing tending to a Cessation or the least mention thereof And we have cause to grieve not only at what your Lordships express concerning the complaints from Ireland and their great extremities but that the same being procured and increased by the Popish Party yet we should find such earnest endeavours to lay the blame and neglect therein upon the two Houses of Parliament here who have been so zealous for their Relief and whose only care under the Blessing of God hath been their Preservation and that in the heat of our own miserable Distractions have continued their Supplies and from our own great Wants have not spared to afford our Brethren there the means of their subsistance The Protestants in Munster Connaught and Vlster who opposed this Cessation were many of them English and both they 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 own defence notwithstanding in a true sense of their own Duty and Conscience they have opposed and still do 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 means thereto to divide them Besides the Goods seised near Coventry we have mentioned other particulars asserted to be seised not without His Majesties own knowledge and direction as we are informed and are most unwilling to believe Neither do we understand it to be an excuse for seising some Goods to say that His Majesty did forbear to seise others in His Power but when His Majesty shall rightly ponder the horridness of that Rebellion we hope those wicked Instruments who contrived and do support the same will have no power to alter His Majesties tender sense of the miseries of His Protestants Subjects in that Kingdom nor at all to lessen His Piety and gracious Care for quenching the Flames of that unhappy Rebellion We do again affirm unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seems strange that what hath been lately sent should not be looked upon as a Support of the War against the Rebels by which only the Protestants were enabled to defend themselves and to infest their Enemies nor can we imagine any other means as a Support of that just War 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 Kingdom have perished Your Lordships are pleased to remember some moneys by us imployed particularly one hundred thousand Pounds which was raised for Ireland all which have been re-satisfied 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 believe what your Lordships express 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 Scotish 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 principal Rebels who presumed to address themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienate 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 moneys alledged 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 denial of the Lord Wharton's Commission whereby the Service of that Kingdom was much prejudiced It is so far from being made appear that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation that the contrary is undeniable and that His Majesties Protestant Subjects there both English and Scotish who have opposed that Cessation have subsisted and do still subsist and we are sorry to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloody Rebellion We do 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 bloody Rebels to a speedy and just Punishment and settle that unhappy Kingdom in their due Obedience to His Majesty and the Crown of England Their other Paper 22. Feb. IT is not possible for us to give a more clear Answer than we have done to shew that there can no such Inconvenience follow upon confirming the Ordinance of the 11. of April by Act of Parliament as your Lordships do imagine it being desired that the Treaty of the sixth of August be in like manner confirmed by which the Commanders of the Scotish 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 13. Proposition that the Prosecutions of the War of Ireland should be settled in both Houses of Parliament all which taken together it cannot follow that upon any Disagreement between the Committees there the Earl of Leven may carry on the War according to his own discretion As for our Expression when there shall be a Lieutenant in Ireland which was used in Answer to your Lordships second Paper of the 20. of February it was to satisfie your Lordships that there could be no interfering between the Powers of the Lord Lieutenant and of the Earl of Leven and still we say when there shall be a Lord Lieutenant chosen as is expressed in our 20. Proposition for we do not admit the Marquiss of Ormond to be so the Commander in chief of the Scotish 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 Objection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Majesties Subjects 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 prosecuting the War is to be settled And we must insist to desire that the Lord Lieutenant and the Judges in that Kingdom 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 Blood the loss of many thousand Lives there and almost of all that whole Kingdom from His Majesties Obedience and an inestimable prejudice to the true Protestant Religion found the ill consequence of a bad choice of Persons for those great places of Trust Therefore for His Majesties Honour the good of His Service the great Advantage it will be to the rest of His Majesties 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 evil they desire to have the nomination of those great Officers that by a prudent and careful Election they may by providing for the good of that now miserable Kingdom discharge their Duty to God the King and their Countrey And certainly if it be necessary to reduce that Kingdom and that the Parliament of England be a faithful Council to his Majesty and fit to be trusted with the prosecution of that War which his Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in several Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should ingage himself to pass such Acts as shall be presented to him for raising Moneys and other necessaries for that War for if the War be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need his Majesty fear the Parliament will press more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about his Majesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the Money of the Subject when his Majesty had desired it but never yet did his Majesty restrain them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Blood and Horrour of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and all Treaties with those bloody and unnatural Rebels be made void and that the prosecution of the War be settled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein This we dare affirm to be more than a probable course for the remedying those mischiefs and preserving the remainder of His Majesties good Subjects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respite from Hostility with such Creatures as are not fit to live no more than with Wolves or Tigers or any ravenous Beasts destroyers of mankind And we beseech you do not not think it must depend upon the condition of His Majesties other Kingdoms to revenge or not revenge God's Quarrel upon such perfiduous Enemies to the Gospel of Christ who have imbrued their hands in so much Protestant Blood but consider the Cessation that is made with them is for their advantage and rather a Protection then a Cessation of Acts of Hostility as if it had been all of their own contriving Arms Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of his Majesties Protestant Subjects We beseech your Lordships in the bowels of Christian Charity and Compassion to so many poor Souls who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Blood give not your consents to the continuation of this Cessation of War in Ireland and less to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgment of War within this Kingdom which God hath laid upon us for our Sins be encreased by so great a Sin as any Peace or Friendship with them whatsoever becomes of us if we must perish yet let us go to our Graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation let not our War be a hindrance to that War for we are sure that Peace will be a hindrance to our Peace We desire War there as much as we do Peace here for both we are willing to lay out our Estates our Lives and all that is dear unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to encline your hearts and casting our selves on him wait his good time for the return of our Prayers in settling a safe and happy Peace here and giving success to our Endeavours in the prosecution of the War of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular Answers could not be given by agreement between themselves to accept the Answers the next day dated as of the day before although they were Treating of another Subject and these two last Papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so as no Answer could be given without such consent and agreement therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular Answer from us this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction and for that we presume your Lordships are very willing to
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed 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 parcel 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 support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form 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 Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years 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 yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless 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 VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly 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 Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers 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 VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns 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 Sums 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 Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-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 and 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 Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates concerning the solemn League and Covenant and the Assistance demanded in pursuance of the Ends expressed in the same WHereas the two Houses of the Parliament of England out of a just and deep sense of the great and iminent Danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants and their Adherents raised and imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates and general Assembly there concerning such things as might tend to the preservation of Religion and the mutual good of both Nations and to that end to desire a more near and strict Union betwixt the Kingdoms and the Assistance of the Kingdom of Scotland by a considerable Strength to be raised and sent by them into the Kingdom of England and whereas upon a Consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and General Assembly no means was thought so expedient to accomplish and strengthen the Union as for both Nations to enter into a solemn League and Covenant and a form thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and General Assembly of Scotland which hath accordingly been done and received their respective Approbation and whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded whereby the Assistance desired might be made more effectual and beneficial and in pursuance thereof these Propositions following were considered of and debated by the Commitee and Commissioners aforesaid to be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should find cause which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formally to agree and conclude the same as may appear by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the seventeenth of November We the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following and in confirmation thereof do mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and General Assembly of Scotland and sent to both Houses of the Parliament of England in the same form as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the General Assembly be sworn and subscribed by both Kingdoms as a most near Tye and Conjunction between them for their mutual defence against the Papists and Prelatical Faction and their Adherents in both Kingdoms and for pursuance of the Ends expressed in the said Covenant 2. That an Army to this purpose shall be levied forthwith consisting of Eighteen thousand Foot effectivè and Two thousand Horse and One thousand Dragooners effectivè with a suitable Train of Artillery to be ready at some general Rendezvous near the Borders of England to march into England for the purposes aforesaid with all convenient speed the said Foot and Horse to be well and compleatly Armed and provided with Victuals and Pay for forty days and the said Train of Artillery to be fitted in all points ready to march 3. That the Army be commanded by a General appointed by the Estates of Scotland and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appointed by them in that behalf for pursuance of the Ends above-mentioned 4. That the Charge of levying arming and bringing the said Forces together furnished as also the fitting the Train of Artillery in readiness to march be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs All which for the present is to be done by the Kingdom of Scotland upon Accompt and the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is settled the same to be repay'd or satisfied to the Kingdom of Scotland 5. That this Army be likewise pay'd as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defraying thereof it not amounting to the full Months pay shall be Monthly allowed and pay'd the sum of Thirty thousand Pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelates Malignants and their Adherents or otherwise and in case the said Thirty thousand Pounds Monthly or any part thereof be not pay'd at the time when it shall become due and payable the Kingdom of England shall give the Publick Faith for the paying of the remainder unpay'd with all possible speed allowing the rate of Eight Pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly sum of Thirty thousand Pounds pay'd as aforesaid the States and Kingdom of Scotland shall have just cause to demand further satisfaction of their Brethren of England when the Peace of both Kingdoms is settled for the pains hazard and charges they have undergone in the same they shall by way of Brotherly assistance have due recompence made unto them by the Kingdom of England and that out of such Lands and Estates of the Papists Prelates Malignants and their Adherents as the two Houses of the Parliament of England shall think fit and for the assurance thereof the Publick Faith of the Kingdom of England shall be given them 6. And to the end the said Army in manner aforesaid may be enabled and prepared to march the Kingdom of England is to pay in ready Money to their Brethren of Scotland or such as shall have power from the Estates of that Kingdom the sum of One hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before-hand which is to be discounted back again
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed 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 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
contrary to our expectations that instead of being rewarded we have been prejudiced instead of getting a Fortune we have spent part of one and though we behave our selves never so well abroad and perform the actions of honest men yet we have the reward of Rogues and Rebels which is Misery and Want when we come home Now my Lords although we be brought to so great an exigence that we are ready to rob and spoil one another yet to prevent such outrages we thought it better to try all honest means for our subsistence before we take such indirect courses Therefore if your Lordships will be pleased to take us timely into your considerations before our urgent Wants make us desperate we will as we have done hitherto serve your Lordships readily and saithfully But if your Lordships will not find a way for our Preservations here we humbly desire we may have leave to go where we may have a better Being and if your Lordships shall refuse to grant that we must then take leave to have our recourse to that first and primary Law which God hath endued all men with we mean the Law of Nature which teacheth all men to preserve themselves The Letter of the Lords Justices and Council of Ireland to His MAJESTY of the 11. of May 1643. May it please your most Excellent Majesty AS soon as we Your Majesties Justices entred into the charge of this Government we took into our consideration at this Board the state of Your Army here which we find suffering under unspeakable Extremities of Want of all things necessary to the support of their Persons or maintenance of the War here being no Victuals Cloaths or other Provisions requisite towards their sustenance no Money to provide them of any thing they want no Arms in Your Majesties Stores to supply their many defective Arms not above Forty Barrels of Powder in Your Stores no strength of serviceable Horses being now left here and those few that are their Arms for the most part lost or unserviceable no Ships arrived here to guard the Coasts and consequently no security rendred to any that might on their private Adventures bring in Provisions of Victuals or other necessaries towards our subsistence and finally no visible means by Sea or Land of being able to preserve for You this Your Kingdom and to render deliverance from utter Destruction to the remnant of Your good Subjects yet left here We find that Your Majesties late Justices and this Board have often and fully by very many Letters advertised the Parliament in England of the extremities of Affairs here and besought Relief with all possible importunity which also have been fully represented to Your Majesty and to the Lord Lieutenant and Mr. Secretary Nicholas to be made known to Your Majesty and although the Winds have of late for many days and often formerly stood very fair for Accessions of Supply forth of England hither and that we have still with longing expectations hoped to find Provisions arrive here in some degree answerable to the Necessities of Your Affairs yet now to our unexpressible grief after full six months waiting and much longer patience and long suffering we find all our great Expectations answered in a mean and inconsiderable quantity of Provisions viz. threescore and fifteen Barrels of Butter and fourteen Tun of Cheese being but the fourth part of a small Vessels loading which was sent from London and arrived here on the fifth day of this month which is not above seven or eight days Provision for that part of the Army which lies in Dublin and the out-Garrisons thereof no Money or Victuals other than that inconsiderable proportion of Victual having arrived in this place as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of November last We have by the Blessing of God been hitherto prosperous and successful in Your Majesties Affairs here and should be still hopeful by the mercy of God under the Royal Directions of Your Sacred Majesty to vindicate Your Majesties Honour and recover Your Rights here and take due Vengeance on these Traitors for the innocent Blood they have spilt if we might be strengthened and supported therein by needful Supplies forth of England but these Supplies having hitherto been expected to come from the Parliament of England on which if Your Majesty had not relied we are assured You would in Your high Wisdom have found out some other means to preserve this Your Kingdom and so great and apparent a failer having hapned therein and all the former and late long continuing Easterly Winds bringing us no other Provisions than those few Cheeses and Butter and no Advertisements being brought us of any future Supply to be so much as in the way hither whereby there might be any likelihood that considerable means of support for Your Majesties Army might arrive here in any reasonable time before we be totally swallowed up by the Rebels and Your Kingdom by them wrested from you we find our selves so disappointed of our hopes from the Parliament as must needs trench to the utter loss of the Kingdom if Your Majesty in Your high Wisdom ordain not some present means of preservation for us And considering that if now by occasion of that unhappy and unexpected failing of support from thence we shall be less successful in Your Services here against the Rebels than hitherto whilst we were enabled with some means to serve You we have been the shame and dishonour may in common construction of those that know not the inwards of the cause be imputed to us and not to the failings that disabled Us and considering principally and above all things the high and eminent trust of your Affairs here deposited with us by Your Sacred Majesty we may not forbear in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end Your Majesty thus truly understanding the terribleness of our Condition may find out some such means of support to preserve to Your Majesty and Your Royal Posterity this Your Ancient and Rightful Crown and Kingdom and derive Deliverance and Safety to the Remnant of Your good Subjects yet left here as in Your Excellent Judgment You shall find to be most for Your Honour and Advantage And so praying to the King of Kings to guide and direct You for the best in this high and important Cause and in all other Your Counsels and Actions we humbly remain from Your Majesties Castle of Dublin the 11 th Day of May 1643. Your Majesties most Loyal and most Faithful Subjects and Servants His MAJESTIES Answers to certain Papers delivered in to His Commissioners at Uxbridge upon the Close of the Treaty one concerning the Militia and two concerning Ireland To which being long and coming in so near the breaking up of the Treaty no Answers could then be given HAving received an account of the Passages of the late
Forces raised for that Kingdom under the Command of the Lord Wharton against Us at Edge-hill which they deny not they fall to recriminate Us. They say They have mentioned particulars of Provisions for Ireland besides those few Cloaths taken near Coventry which being formerly answered by Our Commissioners they do not again urge asserted to be seised not without Our own knowledge and directions as they were informed This they had formerly alledged and Our Commissioners had answered as We do now that they have instanced no particulars at all of any such Provisions seised And whereas they say that Our forbearance to seise some Provisions which Our Commissioners alledged in Our greatest Wants We forbore to take though they lay in Magazines within Our own Quarters but took order to send away into Ireland was no excuse for seising others they misapply that to be an excuse which was alledged as an evidence that We seised none since We might in Our great Want have seised those if We had been minded to have seised any They say again the Service of that Kingdom was much prejudiced by denying the Lord Wharton ' s Commission of which they have not received satisfaction To this it hath been already answered that those Forces were raised for him before any Commission demanded from Us and that the Commission for him proposed to Us was to have been independent of the Lieutenant of that Kingdom Causes though not satisfactory to them yet sufficient in themselves to justifie Our refusal But besides these it is apparent the Army which was brought down against Us was then raising that the Lord Wharton was one of the most active in it and We had cause to be confident nor did he fail Us therein that what Forces he should raise for Ireland he would imploy against Us in England neither did that Service depend upon the Lord Wharton other able Officers were appointed over those Forces whom if they had as much affected that Service as the Person of the Lord Wharton they might have trusted with the Transport of them to Ireland where others of more Experience and fitter for Conduct than the Lord Wharton might have taken the charge of them They say further That it was one end for which the Cessatian was made that the Forces might be brought hither to Vs out of Ireland and imployed against the two Houses The bleeding Necessities of the poor English there which have been mentioned and whereof they cannot but be convinced will best speak the cause of that Cessation and the sight of those Soldiers half starved when they came over having neither Cloaths to their Backs nor so much as Shoes to their Feet nor any Pay to provide either will witness the Necessity of bringing them over when there was no subsistance for them in Ireland nor use for them there during the Cessation And for making use of them here how can they quarrel at Our imploying Our own English Soldiers who should otherwise have disbanded when they make use of an Army of Scots against Us They have been told that they brought over out of Ireland the Earl of Leven their General and divers Scotish Officers which they deny not and that before the English Forces brought over they attempted the bringing once the Scotish Forces in Ireland as likewise divers English Officers there into this Kingdom to which all the Answer given is that the Scotish Forces which came over were not sent for Which as it denies not what is objected so neither can it excuse their not sending them back to the Service of Ireland and imploying them here in an unnatural Rebellion against Us. But whatsoever their own acts or failings have been in this business of Ireland and though apparently the Necessities which caused the Cessation were occasioned by the two Houses yet rather than they shall be guilty of the blame and neglect therein Our People must be made to believe that either there were no such Necessities or when that is so apparent then that those Necessities were designed and contrived by a Popish and Prelatical Party prevalent with Us and the Supplies denied and stopped by Our self and so that it is reasonable for them to press and insist as they do with much fervour in their last Paper concerning Ireland upon their Demands for the settling of the prosecution of the War in themselves or the Scots excluding Us and that there shall be no further Cessation or Peace made there though the War should continue here to have the nomination of the Lieutenant and all the great Officers there and to have Us bound up to assent to whatsoever Acts they shall propose for Moneys or other necessaries for the prosecution of that War and if We agree not to these Propositions We are like to be charged with countenancing of that bloody Rebellion And therefore though the unreasonableness of those Propositions hath been fully lay'd open by Our Commissioners in their Paper yet because this of theirs is framed in Answer to those and the fervency and fluency of their expressions may make impressions on those who do not warily weigh the matter We shall examine what new inforcements they bring to make good those Demands The prosecution of the War there though it be demanded generally in the 13. Proposition to be settled in both the Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms yet according to their seventeenth Proposition it is to be ordered according to the Ordinance of the 11. of April 1644. which is also proposed to be enacted By that Ordinance the Scotish General Leven is to command all the Forces in Ireland both English and Scotish and that War is to be managed by a joynt Committee to be named by the two Houses of England and the Estates of the Parliament of Scotland and the Committees of each Kingdom is to have a Negative Voice They insisting to have the prosecution of the War thus settled Our Commissioners answered That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland and neither agreeable to the Rules of Honour or Prudence That it was unreasonable if the War continued here that We by Our consent to Act of Parliament for the managing of that War and raising Moneys for that purpose should put so great Power into their hands who during these Troubles may turn that Power against Us. And lastly that if the Distractions continued here the Forces and Wealth of this Kingdom would be so imployed at home that the prosecution of that War to the subduing of the Rebels was impossible but probably might be destruction of the remainder of Our good Subjects For the Power given to Our Scotish Subjects in that Kingdom Our Commissioners urged That General Leven being to Command all the Forces in Ireland and the Committee of Scotland having a Negative Voice upon difference of Opinion that War must either stand still to the Ruine
Ships Power and even the security of Our Person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Us and Our Consort who have threatned to depose us and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unless We would consent to their unreasonable destructive Propositions overturning the whole frame of Government both in Church and State They say and it is true We trusted them with the Prosecution of that War and how faithfully they discharged it VVe will not again repeat but VVe never trusted them so as to exclude Our selves as they now suppose and if VVe had relied more on the Judgments and Advice of Our Privy Council and less on theirs neither that nor this Kingdom had been in the condition they now are It was their Interposition and Advice which hindered the transportation of the Army of Irish Natives out of that Kingdom into Spain even to Our dis-reputation abroad who had agreed with the Spanish Ambassador to send them over and he in confidence of Our performance had disbursed Money for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish VVe are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their Advice that staid Our going over thither in Person which probably might have stopped the rage of that VVar and by the Blessing of God would have saved the Effusion of much Blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a VVar of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a National Quarrel and to eradicate the whole stock of the Irish which they now pursue by giving no Quarter to those few of that Nation in England who never were in that Rebellion but according to their Duty assist us their Sovereign which made the Rebellion so genera whereas otherwise the old English as in former times though Papists would have joyned against those Rebels VVhen VVe had offered in December 1641. that 10000. Voluntiers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them instead thereof in January following Propositions were made for the transporting the Scots into Ireland and VVe were advised by the two Houses to give the Command and keeping of the Town and Castle of Carick fergus to the Scotish who were to be transported thither and pay'd by this Kingdom to which VVe returned Answer That we did not approve the same as prejudicial to the Crown of England and the Service intended and implying too great trust for Auxiliary Forces yet afterwards because VVe perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom VVe did admit of the Advice of the Parliament in that particular and since by the Articles of the sixth of August 1642. which though said to be made by Commissioners authorized by Us and the Parliament of England VVe never were made acquainted with them till upon this Treaty almost three years after both the Towns and Castles of Carickfergus and Colrane are left with them as Cautionary The consequence whereof was such that though the Service of Ireland were little advanced or the poor English Protestants relieved by it and this Kingdom drained to pay those whose great Arrears growing upon that Agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions by this means the Scotish having an Army there under colour of supplying them Our Arms and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scotish Subjects so it over-awed others and was a means without any the least provocation to those Our ungrateful Subjects of bringing of another Army into this Kingdom where they still remain to the utter Ruine of many of Our good Subjects and the probable Destruction of the whole Kingdom And lastly it was upon their Advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that We agreed that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though We then expresly declared We did it meerly relying upon their Wisdom without further examining what We in Our particular Judgment were perswaded whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should return to their Obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Us but passed as conceiving that Act had wholly pursued the Propositions was inserted That every person who should make enter into to take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realm of Ireland the Authority of the See of Rome in any case whatsoever or to maintain or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not only of provoking but increasing and encouraging the Rebels who having no pretence before for the horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Foreign Princes and to negotiate with them for delivering that Kingdom into their hands We profess Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels We think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath far more to answer as having more light and it being more expresly against the Religion he professeth whereof it hath heretofore been a Maxim though it be now taken for Apocryphal Doctrine Not to take up Arms against their Prince upon any pretence whatsoever And as We have endeavoured by Our Personal Example and otherwise so We shall still continue by all good means to propagate the Protestant Religion but We are far from that Mahometan Doctrine that We ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the Advice of Our People assembled in a free Parliament yet We should be wanting to the Trust that God hath reposed in Us and Our use of that Reason with which He hath endowed Us if
both Kingdoms and endeavours to bring over more into both of them as also Forces from Foreign parts Your Majesty being in Arms in these parts and the Prince in the head of an Army in the West divers Towns made Garrisons and kept in Hostility by Your Majesty against the Parliament of England there being also Forces in Scotland against that Parliament and Kingdom by Your Majesties Commission the War in Ireland fomented and prolonged by Your Majesty whereby the three Kingdoms are brought near to utter Ruine and Destruction we conceive that until satisfaction and security be first given to both Your Kingdoms Your Majesties coming hither cannot be convenient nor by us assented unto neither can we apprehend it a means conducing to Peace that Your Majesty should come to Your Parliament for a few days with any thoughts of leaving it especially with intentions of returning to Hostility against it And we do observe That Your Majesty desires the Ingagement not only of Your Parliaments but of the Lord Mayor Aldermen Common-Councel and Militia of the City of London the chief Commanders of Sir Thomas Fairfax's Army and those of the Scots Army which is against the Priviledges and Honour of the Parliaments those being joyned with them who are subject and subordinate to their Authority That which Your Majesty against the Freedom of the Parliaments inforces in both Your Letters with many earnest expressions as if in no other way than that propounded by Your Majesty the Peace of Your Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty which we conceive to be the only way for the attaining a happy and well-grounded Peace and Your Majesties Assent unto those Propositions will be an effectual means for giving satisfaction and security to Your Kingdoms will assure a firm Union between the two Kingdoms as much desired by each for other as for themselves and settle Religion and secure the Peace of the Kingdom of Scotland whereof neither is so much as mentioned in Your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations Your Majesty may have the glory to be a Principal Instrument in so happy a Work and we however mis-interpreted shall approve our selves to God and the World to be real and sincere in seeking a safe and well-grounded Peace Westminster 13. Jan. 1645. Grey of Wark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons Signed in the Name and by warrant of the Commissioners of the Parliament of Scotland Balmerino His MAJESTIES Reply to the Answer of both Houses from Oxford Jan. 17. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHALLES R. HIS Majesty thinks not fit now to answer those Aspersions which are returned as Arguments for his not admittance to VVestminster for a Personal Treaty because it would inforce a Style not suitable to his End it being the Peace of these miserable Kingdoms yet thus much he cannot but say to those who have sent him this Answer That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood by withdrawing themselves from their Duty to him in a time when he had granted so much to his Subjects and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their fellow-Subjects to say no more to do as they have done they could not have given such a false Character of his Majesties Actions Wherefore his Majesty must now remember them that having some hours before his receiving of their last Paper of the 13. of Jan. sent another Message to them of the fifteenth wherein by divers particulars He inlargeth himself to shew the reality of his endeavours for Peace by his desired Personal Treaty which he still conceives to be the likeliest way to attain to that blessed End he thinks fit by this Message to call for an Answer to that and indeed to all the former For certainly no rational man can think their last Paper can be any Answer to his former Demands the scope of it being that because there is a War therefore there should be no Treaty for Peace And is it possible to expect that the Propositions mentioned should be the grounds of a lasting Peace when the Persons that send them will not endure to hear their own King speak But whatever the success hath been of his Majesties former Messages or how small soever his hopes are of a better considering the high strain of those who deal with his Majesty yet he will neither want Fatherly bowels to his Subjects in general nor will he forget that God hath appointed him for their King with whom he Treats Wherefore he now demands a speedy Answer to his last and former Messages Given at Our Court at Oxon this 17. of Jan. 1645. His MAJESTIES further Reply to the said Answer of both Houses Jan. 24. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. THE procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty that no unjust Aspersions whatsoever or any other Discouragements shall make him desist from doing his endeavour therein untill he shall see it altogether impossible and therefore hath thought fitting so far only to make Reply to that Paper or Answer which he hath received of the 13. of this instant Jan. as may take away those Objections which are made against his Majesties coming to VVestminster expecting still an Answer to his Messages of the 15. and 17. which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses And first therefore Whereas in the said last Paper it is objected as an impediment to his Majesties Personal Treaty that much innocent Blood hath been shed in this War by his Majesties Commissions c. He will not now dispute it being apparent to all the World by whom this Blood hath been spilt but rather presseth that there should be no more and to that end only he hath desired this Personal Treaty as judging it the most immediate means to abolish so many horrid Confusions in all his Kingdoms And it is no Argument to say That there shall be no such Personal Treaty because there have been Wars it being a strong inducement to have such a Treaty to put an end to the War Secondly That there should be no such Personal Treaty because some of his Irish Subjects have repaired to his Assistance in it seems an Argument altogether as strange as the other as
immediately disband all His Forces and dismantle all His Garrisons and being accompanied with His Royal not His Martial Attendance return to His two Houses of Parliament and there reside with them And for the better security of all His Majesties Subjects He proposeth That He with His said two Houses immediately upon His coming to Westminster will pass an Act of Oblivion and Free Pardon and where His Majesty will further do whatsoever they will advise Him for the good and Peace of this Kingdom And as for the Kingdom of Scotland his Majesty hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an Answer from thence but declares That immediately upon his coming to Westminster he will apply himself to give them all satisfaction touching that Kingdom If his Majesty could possibly doubt the success of this Offer he could use many Arguments to perswade them to it but shall only insist on that great One of giving an instant Peace to these afflicted Kingdoms Given at Our Court at Oxford the 23 d of March 1645. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Oxford April 13. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellour We greet you well Having used all possible and Honourable means by sending many gracious Messages to the two Houses of Parliament wherein We have offered them all they have heretofore desired and desire from them nothing but what they themselves since these unhappy Wars have offered to procure Our Personal Treaty with them for a safe and well-grounded Peace and having instead of a dutiful and peaceable return to Our said Messages received either no Answer at all or such as argues nothing will satisfie them but the Ruin not onely of Us Our Posterity and Friends but even of Monarchy it self and having lately received very good Security that We and all that do or shall adhere to Us shall be safe in Our Persons Honours and Consciences in the Scotish Army and that they shall really and effectually joyn with Us and with such as will come in unto Us and joyn with them for Our Preservation and shall imploy their Armies and Forces to assist Us to the procuring of an happy and well-grounded Peace for the good of Us and Our Kingdoms in the recovery of Our just Right We have resolved to put Our selves to the hazard of passing into the Scots Army now lying before Newark and if it shall please God that We come safe thither VVe are resolved to use Our best endeavour with their Assistance and with the conjunction of the Forces under the Marquess of Montrosse and such of Our well-affected Subjects of England as shall rise for Us to procure if it may be an honourable and speedy Peace with those who have hitherto refused to give ear to any means tending thereunto Of which Our Resolution We held it necessary to give you this Advertisement as well to satisfie you and Our Council and Loyal Subjects with you to whom We will that you communicate these Our Letters that failing in Our earnest and sincere endeavours by Treaty to put an end to the Miseries of these Kingdoms We esteemed Our self obliged to leave no probable Expedient unattempted to preserve Our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifestly their Designs to overthrow the Laws and happy astablished Government of this Kingdom And now we have made known to you Our Resolution We recommend to your special care the disposing and managing of Our Affairs on that side as you shall conceive most for Our Honour and Service being confident the course VVe have taken though with some hazard to Our Person will have a good influence on that Our Kingdom and defer if not altogether prevent the Rebels transporting of Forces from them into that Kingdom And VVe desire you to satisfie all Our well-affected Subjects on that side of Our Princely Care of them whereof they shall receive the effect as soon as God shall enable Us. VVe desire you to use some means to let Us and Our Council at Oxon hear frequently from you and of your Actions and Condition there And so God prosper your Loyal Endeavours Given at Our Court at Oxon the 13 th of April 1646. By His Majesties Command Edward Nicholas His MAJESTIES Message to both Houses from Southwell May 18. 1646. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty having understood from both his Houses of Parliament that it was not safe for him to come to London whither he had purposed to repair if so he might by their Advice to do whatsoever may be best for the good and Peace of these Kingdoms until he shall first give his Consent to such Propositions as were to be presented to him from them and being certainly informed that the Armies were marching so fast up to Oxford as made that no fit place for Treating did resolve to withdraw himself hither only to secure his own Person and with no intention to continue this VVar any longer or to make any Division between his two Kingdoms but to give such contentment to both as by the blessing of God he might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of his Progenitors And since the settling of Religion ought to be the chiefest care of all Councils his Majesty most earnestly and heartily recommends to his two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary VVork and particularly that they take the Advice of the Divines of both Kingdoms assembled at VVestminster Likewise concerning the Militia of England for securing his People against all pretensions of Danger his Majesty is pleased to have it settled as was offered at the Treaty at Vxbridge all the Persons being to be named for the Trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by his Majesty and his two Houses of Parliament And the like for the Kingdom of Scotland Concerning the VVars in Ireland his Majesty will do whatsoever is possible for him to give full satisfaction therein And if these be not satisfactory his Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto him his Majesty being resolved to comply with his Parliament in every thing that shall be for the happiness of his Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these Offers he will neither question the thankful acceptation of them nor doth he doubt but that his
two Kingdoms will be careful to maintain him in his Honour and in his just and lawful Rights which is the only way to make a happy Composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for time to come and will take a speedy course for easing and quieting his afflicted People by satisfying the Publick Debts by disbanding of all Armies and whatsoever shall be judged conducible to that end that so all hinderances being removed he may return to his Parliament with mutual Comfort Southwell May 18. 1646. POST-SCIPT His Majesty being desirous to shun the further effusion of Blood and to evidence his real Intentions to Peace is willing that his Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honourable Conditions VVhich being granted to the Town and Forces there his Majesty will give the like order to the rest of the Garrisons His MAJESTIES Letter to the City of London from Newcastle May 19. 1646. For Our right Trusty and well-beloved the Lord Maior Aldermen and Common-Council of Our City of London CHARLES R. RIght Trusty and VVell-beloved VVe greet you well Having expressed Our Resolution to the two Houses of Our Parliament of England and the Committee of Estates of Our Parliament of Scotland to give all just satisfaction to the joynt desires of both Kingdoms VVe have now likewise thought fit to assure the two chief Cities of both Our Kingdoms That nothing is more grievous to Us than the Trouble and Distractions of Our People and that nothing on Earth is more desired by Us than that in Religion and Peace with all the comfortable Fruits of both they may henceforth live under Us in all Godliness and Honesty And this Profession VVe make for no other end but that you may know immediately from Our Selves Our Integrity and full resolution to comply with Our Parliaments in every thing for settling Truth and Peace and Our desire to have all things speedily concluded which shall be found requisite for that end that Our Return to that Our Ancient City may be to the Satisfaction of Our Parliament the good liking of you and all Our good People and to Our own greater joy and comfort VVe bid you heartily farewell From Newcastle the 19 th of May 1646. His MAJESTIES Message to both Houses from Newcastle June 10. 1646. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of his People in his three Kingdoms for some years past and being afflicted with their Distresses and unquiet condition through the Distractions about Religion the keeping of Forces on Foot in the Field and Garrisons the not satisfying of Publick Debts and the fears of the further effusion of Blood by the continuance of an unnatural VVar in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary Causes of his coming from Oxford unto the Scotish Army without any intention to make a division where he is in Freedom and right capacity to settle a true Peace and containing such Offers as he conceived would have been accepted with a general Clause of complying with their desires and being impatient of Delays and not acquainted with the particulars which may give contentment to them his Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto him That upon consideration of them he may apply himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto his Majesty doth further propound That he may come to London with Safety Freedom and Honour where he resolves to comply with his Houses of Parliament in every thing which may be most for the good of his Subjects and perfect what remains for settling both Kingdoms and People in a happy Condition being likewise most confident that they according to their re-iterated Declarations and solemn Protestations will be zealous in the maintenance of his Honour and just and lawful Rights And his Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom So he is willing forthwith to disband all his Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these Offers his Majesty shall have such satisfaction as he may be confident a firm Peace shall ensue thereon his Majesty will then give Order for his Son the Prince his present return Newcastle the 10th of June 1646. His MAJESTIES Letter to the Governours of His Garrisons from Newcastle June 10. 1646. To Our Trusty and VVell-beloved Sir Thomas Glenham Sir Thomas Tildesley Colonel H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Litchfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our Intentions of settling a happy and firm Peace to require you upon honourable Terms to quit those Towns Castles and Forts intrusted to you by Us and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Newcastle June 11. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellor We greet you well Having long with much grief looked upon the sad Condition Our Kingdom of Ireland hath been in these divers years through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the setling whereof We would have wholly applied Our selves if the Difference between Us and Our Subjects here had not diverted and withdrawn Us and not having been able by Force for that respect to reduce them We were necessitated for the present safety of Our Protestant Subjects there to give you Power and Authority to Treat with them upon such pious honourable and safe grounds as the good of that Our Kingdom did then require But for many Reasons too long for a Letter We think fit to require you to proceed no further in Treaty with the Rebels nor to engage Us upon any Conditions with them after sight hereof And having formerly found such real proofs of your ready
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth day of May and before the 28. day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so
Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual Love Trust and Confidence as shall most concern the good of Him and His People Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for his ready Obedience thereunto Holdenby May 12. 1647. MDCXLVII Jul. The Londoners Petition and Engagement To the Right Honourable the Lord Maior the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled The Humble Petition of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bills of Mortality Sheweth THat your Petitioners taking into serious consideration how Religion His Majesties Honour and Safety the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and lasting Peace without a further effusion of Christian English Blood have therefore entred into a solemn Engagement which is hereunto annexed and do humbly and earnestly desire that this whole City may joyn together by all lawful and possible means as one man in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in answer to the Propositions of both Kingdoms and that by a Personal Treaty with his two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established All which we desire may be presented to both Houses of Parliament from this Honourable Assembly And we shall pray c. A solemn Engagement of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King and the Peace and Safety of the Three Kingdoms of England Scotland and Ireland all which we do evidently perceive not only to be endangered but ready to be destroyed we do therefore in pursuance of our said Covenant Oath of Allegiance Oath of every Free-man of the Cities of London and Westminster and Protestations solemnly engage our selves and vow unto Almighty God That we will to the utmost of our power cordially endeavour that His Majesty may speedily come to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in Answer to the Propositions of both Kingdoms and that by a Personal Treaty with His two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established For effecting whereof we do protest and re-oblige our selves as in the presence of God the searcher of all hearts with our Lives and Fortunes to endeavour what in us lies to preserve and defend His Majesties Royal Person and Authority the Priviledges of Parliament and Liberties of the Subject in their full and constant Freedom the Cities of London and Westminster Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality and all others that shall adhere with us to the said Covenant Oath of Allegiance Oath of every Freeman of London and VVestminster and Protestation Nor shall we by any means admit suffer or endure any kind of Neutrality in this Common Cause of God the King and Kingdom as we do expect the Blessing of Almighty God whose help we crave and wholly devolve our selves upon in this our Undertaking A Declaration of the Lords and Commons assembled in Parliament Die Sabbathi 24. Julii 1647. THE Lords and Commons having seen a printed Paper intituled A Petition to the Right Honourable the Lord Maior the Right VVorshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled under the Name of divers Citizens Commanders Officers and Soldiers of the Trained Bands Auxiliaries and others Young men and Apprentices Sea-Commanders Sea-men and VVater-men together with a dangerous Engagement of the same persons by Oath and Vow concerning the King 's present coming to the Parliament upon Terms far different from those which both Houses after mature deliberation have declared to be necessary for the good and safety of this Kingdom casting Reflections upon the Proceedings both of the Parliament and Army and tending to the imbroiling the Kingdom in a new War and the said Lords and Commons taking notice of great endeavours used by divers ill-affected persons to procure Subscriptions thereunto whereby well-meaning people may be misled do therefore declare That whosoever after Publication or notice hereof shall proceed in or promote or set his Name to or give Consent that his Name be set unto or any way joyn in the said Engagement shall be deemed and adjudged guilty of High Treason and shall forfeit Life and Estate as in cases of High Treason accustomed H. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. BE it ordained by the Lords and Commons in Parliament assembled That the Declaration of the twenty fourth of this instant July which declares all those Traitors and so to forfeit Life and Estate who shall after Publication thereof act thereupon to get Subscriptions be Null and Void any thing in the said Declaration to the contrary notwithstanding Joh. Browne Cler. Par. Hen. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. REsolved upon the Question That His Majesty shall come to Londo Die Saturni 31. Julii 1647. Resolved upon the Question That the King's Majesty come to one of His Houses nearer London that Propositions may be sent and Address made to His Majesty from both Houses of the Parliament of England and the Kingdom of Scotland for Peace MDCXLVII His MAJESTIES Declaration and Profession disavowing any Preparations in Him to levy War against His two Houses of Parliament CHARLES R. THere having been many
such others as they shall authorise for that purpose If it shall be more satisfactory to His two Houses to have the Militia and Powers thereupon depending during the whole time of His Majesties Reign rather than for the space of ten years His Majesty gives them the Election Touching Ireland His Majesty having in the two preceding Propositions given His Consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His Consent accordingly as is herein hereafter expressed Touching Publick Debts His Majesty will give His Consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army Publick Debts and Engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will Consent to an Act that during the said space of ten years the Lord Chancellor or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-Ports Chancellor of Exchequer and Dutchy Secretaries of State Master of the Rolles and Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quamdiu se bene gesserint and in the intervals of Parliament by such others as they shall authorise for that purpose His Majesty will Consent That the Militia of the City of London and Liberties thereof during the space of ten years may be in the Ordering and Government of the Lord Mayor Aldermen and Commons in the Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be imployed and directed from time to time during the said space of ten years in such manner as shall be agreed upon and appointed by both Houses of Parliament And that no Citizen of the City of London nor any of the Officers of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for granting and confirming the Charters Customes Liberties and Franchises of the City of London notwithstanding any Nonuser Misuser or Abuser And that during the said ten years the Tower of London may be in the Government of the City of London and the Chief Officer and Governor from time to time during the said space to be nominated and removable by the Common-Council as are desired in your Propositions His Majesty having thus far expressed His Consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them touching your four first Propositions and other the particulars before specified as to all the rest of your Propositions delivered to Him at Hampton-Court not referring to those Heads and to that of the Court of Wards since delivered as also to the remaining Propositions concerning Ireland His Majesty desires only when He shall come to Westminster Personally to advise with His two Houses and to deliver His Opinion and the reasons of it which being done He will leave the whole matter of those remaining Propositions to the determination of His two Houses which shall prevail with Him for his Consent accordingly And His Majesty doth for His own particular only propose that He may have Liberty to repair forthwith to Westminster and be restored to a condition of absolute Freedom and Safety a thing which He shall never deny to any of His Subjects and to the possession of His Lands and Revenues and that an Act of Oblivion and Indemnity may pass to extend to all persons for all matters relating to the late unhappy Differences Which being agreed by His two Houses of Parliament His Majesty will be ready to make these His Concessions binding by giving them the force of Laws by His Royal Assent Votes concerning His MAJESTIES Propositions and Concessions Die Lunae Octobr. 2. 1648. Resolved by the Lords and Commons in Parliament assembled THat they are not satisfied in the Propositions made by His Majesty in His Letter And that a Letter be sent to the Commissioners in the Isle of Wight to acquaint them that the Houses do well approve of their proceedings and do give them thanks for their great care and pains in managing of this important and weighty business requiring them still to proceed and act punctually according to their Instructions But upon further Debate in the Treaty some things being yet further cleared and more fully granted by His Majesty out of His earnest desire of Peace they at last came so near to an Agreement that the Lower House after long consultation passed the following Vote Die Martis 5. Decembr 1648. Resolved upon the Question That the Answers of the King to the Propositions of both Houses are a Ground for the House to proceed upon for the Settlement of the Peace of the Kingdom The Chief Heads of the Remonstrance of the Army presented to the House of Commons Nov. 20. MDCXLVII To the Right Honourable the Commons of England Assembled in Parliament The humble Remonstrance of his Excellency the Lord General Fairfax and his General Council of Officers held at St. Albans Thursday the 16. of Novemb. 1648. The Remonstrance it self being very long and serving only to introduce their Propositions in the end we have thought fit to represent only the Propositions themselves as they are contracted in their own Abridgment FIrst That the Capital and grand Author of our Troubles the Person of the King by whose procurement and for whose Interest only of will and power all our Wars have been may be brought to Justice for the Treason Blood and Mischief he is therein guilty of Secondly That a timely day may be set for the Prince of Wales and the Duke of York to come in by which time if they do not that then they may be immediately declared incapable of any Government or Trust in this Kingdom or its Dominions and thence to stand exil'd for ever as Enemies and Traitors to dye without mercy if ever after found and taken therein Or if by the time limited they do render themselves that then the Prince be proceeded with as on his appearance he shall give satisfaction or not and the Duke as he shall give satisfaction may be considered as to future Trust or not But however that the Revenue of the Crown saving necessary allowances for the Children and for Servants and Creditors to the Crown be sequestred and the costly Pomp suspended for a good number of years and that this Revenue be for that time disposed toward publick Charges Debts and Damages for the easing of the
which none but souls prone to any wickedness could believe of so Great a Man were formed of the King and such suspicions raised of Him and His Friends as might force them to some Injuries which hitherto they forbore and by securing themselves increase the Publick fears For Slanders do rather provoke most men than amend them and the provoked think more of their safety than to adjust their actions against their malicious Slanderers And when the minds of Men were made thus sollicitous concerning Dangers from the King to make them more pliable and ductile there was represented to them an inevitable anger of Heaven against the present state of things both in Church and State testified by many Prodigies that were related and portentuous Presages of Ruine Certain Prophecies for a credulity to which the English Vulgar are infamous from unknown Oracles are divulged which aenigmatically describe the King as a Monster and from such a Prince must proceed a change of Government Some vain persons also that gave themselves up to the Imposture of Astrologie were hired to terrifie the People with the unsignificant Conjunctions of Stars and from them to foretel Ruines to the better part of the World and an imminent destruction of Men of the long Robe and Alterations of States These were done to temper the minds of Men by a superstition for a guidance of their Ministers who being conceived to be the Ambassadours of Heaven were supposed to have it in their Commission to declare the Conditions of War and Peace and these either through the same weakness capable of the like terrours with the Vulgar or which is more to be abhorred corrupted as some were by the Caresses and gainful hopes that the Faction baited them with did justifie their Fears and increase them by applying some obscure Prophecies in Scripture to the present times and People compared the pretended Corruptions of our Church with the Idolatries of Israel and whatsoever was condemned in the Holy Records was parallel'd with the things they disliked here and all the Curses that God poured upon His irreconcileable and obdurate Enemies were denounced against such as differ'd from them or would not joyn with the Faction To make these Harangues more efficacious the Authors of them received the Reverence of the Demagogues who despising questioning and exposing to Affronts such sober Divines as would have cured the madness of the People appropriated to such Teachers the Titles of Saints Faithful Ministers Pretious Men and they on the other side made a return of Epithets to their Masters of the Servants of the Most High such as were to do the Work of the Lord That by their Counsels men were to expect new Heavens and a new Earth that they were Men that should prepare the Kingdom for Jesus Christ and lay the Foundations of the Empire of the Saints which was to last a Thousand years To make the Cry yet louder they permitted all Sects and Heresies a Licence of publick profession which hitherto Discipline the Care of the Common Peace and Religion had confined to secret Corners and permitted the Office of Teaching to every bold and ignorant Undertaker so that at last the dreggs of the People Usurped that Dignity and Women who had parted with the Natural Modesty of their Sex would not only speak but also rule in the Church All these in gratitude for their Licentiousness still perswaded to their Hearers the admiration of the Authors of it and bitterly inveighed against those whom the Care both of the Souls and Fortunes of Men would excite to repress them in many of their Raptures denouncing Wo and Judgment to the lawful Governours in Church and State While all these Methods of Ruine were preparing here the same anger of God the same madness of men raised up another Tempest in Ireland For the Popish Lords and Priests of Ireland who were the prime Composers of the Tragedies there were incouraged by the Success of the Scots who by a prosperous Rebellion as the Historian of those Troubles writes had procured for themselves such large Priviledges to an imitation which the present Jealousies in England where mutual Contrasts would employ all their force upon one another promised to be secure And they had an happy opportunity by the Vacancy in Government through the slaughter of the Earl of Strafford with whom the Irish Lords while they prosecuted him in England had removed all those other inferiour Magistrates that were most skilful in the Affairs of that Kingdom by accusing to the Faction some of them of Treason and others of an inclination to the Earl and had got preferred to their charges such as were either altogether unacquainted with the Genius of that People or favourers of the Conspiracy A strength they had also ready for those Eight Thousand which had been listed for the Scotish Expedition were unseasonably disbanded and the King in foresight they might cause some mischief in their own Countrey had therefore promised Four Thousand of them to the King of Spain yet would not the Parliament consent to their departure because as the Irish Lords suggested it would displease the King of France and when the King promised to send as many to the French Camp that likewise was not relished The Common Souldiers of that Army being thus made useless and therefore like Men of their employment most fierce when they were to be dismissed from the dangers of War were easily drawn into the Rebellion although very few of their Officers were polluted with the Crime The Irish Lords and Priests being allured by these our Vices and these several opportunities began their Rebellion Octob. 23. The Irish throughout that whole Kingdom on a sudden invading the unprovided English that were scattered among them despoiling them of their Estates Goods and many thousands of their Lives without any respect of Sex Age Kindred or Friendship and made them as so many Sacrifices to their bloody Superstition They missed but a little to have surprised Dublin But their Conspiracy being detected there and in some few other places the English name and interest was preserved in that Kingdom till they could receive Succours from hence The King had the first Intelligence of it in its very beginnings in Scotland and thereupon sent Sr James Stuart to the Lords of the Privie Council in Ireland to acquaint them with His Knowledge and Instructions and to carry all that Money that His present Stores could supply Besides He moves the Parliament of Scotland as being nearest to a speedy help who decline their Aids because Ireland was dependent upon the Crown of England At the same time also He sends post to the Parliament of England who less regard it the Faction applauding their Fortune that new Troubles were arisen to molest the King and that the Royal Power being thus assaulted in all three Nations there must shortly arise so many new Commonwealths Besides that it yielded fresh matter of reproach to His Majesty to whose Councils
at first secretly they whispered and at last publickly imputed that horrid Massacre Which Slanders were coloured by the Arts of the Irish Rebels who to dishearten the English from any resistance bragged that the Queen was with their Army That the King would come amongst them with Auxiliary Forces That they did but maintain His Cause against the Puritans That they had the King's Commission for what they did shewing indeed a Patent that themselves had drawn but thereto was affixed an Old broad Seal that had been taken from an obsolete Patent out of Farnham Abbey by one Plunckett in the presence of many of their Lords and Priests as was afterwards attested by the Confession of many That the Scots were in Confederacy with them to beget a Faith of which they abstained from the Lives and Fortunes of those of that Nation among them On the other side to incourage the Natives of their own Party they produce fictitious Letters wherein they were informed from England that the Parliament had passed an Act that all the Irish should be compelled to the Protestant Worship that for the first offence they should forfeit all their Goods for the second their Estates and for the third their Lives Besides they present them with the hopes of Liberty That the English Yoke should be shaken off that they would have a King of their own Nation and that the Goods and Estates of the English should be divided among the Natives And with these hopes of Spoil and Liberty and Irish were driven to such a Fury that they committed so many horrid and barbarous Acts as scarce ever any Age or People were guilty of In the mean while nothing was done for the relief of the poor English there but only some Votes passed against the Rebels till the King returned to London which was about the end of November where He with the Queen and the Prince were magnificently feasted by the Citizens and the chief of them afterwards by Him at Hampton-Court For he never neglected any honest Arts to gain His Peoples love to which they were naturally prone enough had not His Enemies methods and impulses depraved their Genius But this much troubled the Faction who envied that Reverence to Majesty in others which was not in themselves and they endeavoured to make these loves short and unhappy for they discountenanced the prime advancers of this Honour of the King and were more eager to render Him odious For having gotten a Guard about them they likewise insinuated into the people dangerous apprehensions as the cause of that Guard and every day grew more nice and jealous of their Priviledges and Power The King's advices to more tenderness of His Prerogative or His Advertisements of the scandalous Speeches that were uttered in their House they interpret as encroachments upon their Grandeur and upbraided the King for them in their Petitions to Him But their greatest effort upon Majesty was the Remonstrance after which they took all occasions to magnifie the apprehensions of those Fears which they had falsly pretended to in it This the Faction had before formed and now brought into the House of Commons where it found a strong opposition by those wise men that were tender of the publick Peace and Common Good though those who preferred their Private to the General Interest and every one that was short-sighted and improvident for the future were so fierce for it that the Debates were continued all Night till ten a Clock the next Morning so that many of the more aged and Persons of best Fortunes not accustomed to such watchings were wearied out and many others not daring to provoke the Faction in this their grand Design left the House so that at last they carried it yet but by eleven Votes Which they presented with a Petition to take away the Votes of Bishops in the House of Lords and the Ceremonies in the Church and to remove those Persons from His Trust which they could not confide in yet named none but only accused all under the name of a Malignant Popish Party Which they had no sooner delivered than they caused it to be published in print To which the King answers in another publick Declaration but so much to the Discontent of the Demagogues to find their Methods of Ruine so fully discovered as they were in His Majesties Answer that they had recourse to their former Sovereign Remedy which sober men accounted a Crime and an indignity to Government the Tumults of the Rabble Who in great numbers and much confusion came up to Westminster some crying out against Bishops others belching their fury against the Liturgy and a third Party roaring that the Power of the Militia should be taken out of the King's hands To their Clamours they added rude Affronts to those Lords whom their Leaders had taught them to hate and especially to the Bishops at their going in or coming out of the House and afterwards drawing up to White-Hall they appeared so insolent as it was evident they wanted only some to begin for there were enough to prosecute an assault upon the King in His own Palace The Bishops thus rudely excluded from their Right and Liberty of coming to the Parliament Twelve of them afterwards protest against the Proceedings of it during their so violent Exclusion Which Protestation the Commons presently accused of High Treason and caused their Commitment to the Tower where they continued them till the Bill against their Votes in the Lord's House was past that they might not produce their Reasons for their Rights and against the Injustice offered unto them and then afterwards released them The King also saw it necessary to take a Guard of such Gentlemen as offered their Service for His Safety and to prevent the prophaning of Majesty by the rude fury of the People who used to make their Addresses acceptable at Westminster by offering in their passage some base Affronts at White-Hall But when the terrour of this Guard had reduced them to some less degree of Impudencie they then instructed by their Heads laboured to make it more unsafe to the King by seeking to raise the Rage and Jealousie of the whole City against Him For at Midnight there were cries out in the Street that all People should arise to their defence for the King with His Papists were coming to fire the City and cut their Throats in their Beds Than which though nothing was more false yet it found the effects of truth and the People by such Alarms being terrified from sleep the impressions of those nightly fears lay long upon their Spirits in the day and filled them almost with Madness The King therefore not alwaies to incourage these Violences with Patience but at last by a course of Justice to take off those whom He had found to be the Authors of these destructive Counsels the grand Movers of these Seditious practices and which was more the Inviters of a Foreign Force the Scotch Army into this Nation commands
whether by a prosperous Success they could change their Crimes to Vertue Therefore they hastened all they could to raise Horse and Foot to form an Army equal to their Usurpation which was not difficult for them to do for they being Masters of London whose multitudes desirous of Novelty were easily amassed for any enterprise especially when the entring into this Warfare might make the Servant freer than his Master for such was the Licence was indulged to those Youths that would serve the Cause 20000 were sooner gathered that the King could get 500. The City also could afford them more Ordnance than the King could promise to Himself common Muskets and to pay their Souldiers besides the vast summs that were gathered for Ireland which though they by their own Act had decreed should not be used for any other enterprise yet now dispense with their Faith and imploy it to make England as miserable as that Island and the Contributions of the deluded Souls for this War they seized also upon the Revenues of the King Queen Prince and Bishops and plunder the Houses of those Lords and Gentlemen whom they suspected to be Favourers of the King's Cause And in contemplation of these advantages they promised their credulous Party an undoubted Victory and to lead Majesty Captive in Triumph through London within a Month by the Conduct of the Earl of Essex whom they appointed General Thus did they drive that Just and Gracious Prince to seek His Safety by necessary Arms since nothing worse could befall Him after a stout though unhappy Resistance than He was to hope for in a tame Submission to their Violence Therefore though He perfectly abhorred those Sins which are the Consequences of War yet He wanted not Courage to attempt at Victory notwithstanding it seemed almost impossible against so well-appointed an Enemy Therefore with an incredible diligence moving from place to place from York to Nottingham from thence to Shrewsbury and the Confines of Wales by discovering those Abilities with which His Soul was richly fraught unto His deluded Subjects He appeared not only worthy of their Reverence but of their Lives and Fortunes for His Defence and in all places incouraging the Good with His Commendations exciting the fearful by His Example dissembling the Imperfections of His Friends but alwaies praising their Vertues He so prevailed upon those who were not Men of many Times nor by a former Guilt debauch'd to Inhumanity that He had quickly contracted an Army greater than His Enemies expected and which was every day increased by those Lords and Gentlemen who refused to be polluted any longer with the practices of the Faction by sitting among them and being Persons of large Fortunes had raised their Friends and Tenants to succour that Majesty that now laboured under an Eclipse Most Men being moved with Pity and Shame to see their Prince whose former Reign had made them wanton in Plenty to be driven from His own Palaces and concluded under a want of Bread to be necessitated to implore their Aid for the Preservation of His and their Rights So that notwithstanding all the Impostures of the Faction and the Corruptions of the Age there were many great Examples of Loyalty and Vertue Many Noble Persons did almost impoverish themselves to supply the King with Men and Money Some Private Men made their way through numerous dangers to joyn with the fight under His Colours Many great Ladies and vertuous Matrons parted with the Ornaments of their Sex to relieve His wants and some bravely defended their Houses in His Cause when their Lords were otherwhere seeking Honour in His service Both the Universities freely devoted their Plate to succour their Prince the Supreme Patron and Incourager of all Learning and the Queen pawned Her Jewels to provide necessaries for the Safety of Her Husband Which Duty of Hers though it deserved the Honour of all Ages was branded by the Demagogues with the imputation of Treason This sudden and unexpected growth of the Strength of the King after so many years of Slanders and such industrious Plots to make him odious and contemptible raised the admiration of all Men and the fears of the credulous Party who had given up their Faith to the Faction when they represented the King guilty of so much Folly and Vice and some corrupted Citizens had represented Him as a Prodigie of both in a Scene at Guild-Hall in London an Art used by Jesuites to impress more deeply a Calumny that they could not imagine any Person of Prudence or Conscience would appear in His Service and they expected every day when deserted by all as a Monster He should in Chains deliver Himself up to the Commands of the Parliament Some attributed this strange increase in power to the natural Affection of the English to their Lawful Sovereign from whom though the Arts and Impulses of Seditiouc Demagogues may a while estrange and divorce their minds yet their Genius will irresistibly at last force them to their first Love and therefore they urged the saying of that Observing States-man that if the Crown of England were placed but on a Hedge-stake he would be on that side where the Crown was Others referred it to the full evidence of the wickedness of His Adversaries for their Counsels were now discovered and their Ends manifest not to maintain the common Liberty which was equally hateful to them as Tyranny when it was not in their hands but to acquire a Grandeur and Power that might secure and administer to their Lusts and it was now every where published what Mr Hambden answered to one who inquired What he did expect from the King he replied That He should commit Himself and all that is His to our Care Others ascribed it to the fears of ruine to those numerous Families and Myriads of People which the change of Government designed by the Parliament must necessarily effect But this though it argued that Cause exceeding bad by which so great a part of a Community is utterly destroyed without any absolute necessity for preserving the whole yet made but an inconsiderable Addition to the King whose greatest Power was built upon Persons of the Noblest Extract and the fairest Estates in England of which they could not easily suspect to be devested without an absolute overthrow of all the Laws of Right and Wrong which nevertheless was to be feared by their invasions on the King's most undoubted Rights For when Majesty it self is assaulted there can be no security for private Fortunes and those that decline upon design from the paths of Equity will never rest till they come to the Extremity of Injustice as these afterwards did Besides those that imputed the speedy amassing of these Forces to the Equity of the King's Cause His most Powerful Eloquence indesatigable Industry and most Obliging Converse there were another sort that suspending their Judgments till all the Scenes of War were passed resolved all into the Providence of God Who though He were pleased
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
and therefore did forsake it and turn Atheists Others that did still find the Inward Consolations of it yet feared openly to profess it lest they should be taken for those that pretended a Love to God that they might more securely destroy men Liberty also was now but an empty name for all the Common Prisons were too narrow to receive even those that did not dare to break the Laws so that the Houses of Noble men were converted to Gaols for those that were unfortunate in honest Enterprises where they were to languish with want and sickness and not be called to know their Offence or their Accusers because they had not guilt enough for a publick Condemnation Some were put a Ship-board in the midst of Summer there to contract Diseases Others were sold Slaves to forein Plantations Many to escape such nasty Confinements or an ignominious Torture fled from their Native Soil either to the Neighbouring Countries where they were the Evidences of the Infamy and Barbarousness of our Nation or seeking for Shelter in the Isles and Deserts of America polluted those Rocks and Seas with English Blood Propriety was no longer hedged up by Law but whom the Violence of the Souldier did not impoverish the Frauds of Committee-men would from whose Rapines none were secure that had not been as criminal as themselves and few safe that did not seek their favour and bow down to their Greatness These men taking advantage of the common evils to satisfie either their private revenge or lusts for their Proceedings were not regulated by the known Laws but the secret Instructions of their Masters in Parliament and Army or their own Pleasures were the Rules of administring Justice An honest Fame likewise was a Mark for Ruine for if any by just Arts had got the Esteem of the People and the Affections of His Neighbourhood and did not comply with their Interest first he was vexed with Slanders and Reproaches and afterwards with Sequestration especially if he were a Minister and it was their common Principle that an Honest Cavalier was the worst Enemy and a Cavalier Saint did the most hurt so that both their Vices and Vertues were equally hated Common Converse was dangerous for they had Informers in every place and Spies almost in every Family of Note Servants were corrupted to accuse their Masters and the Differences in Religion did injealous and arm the nearest Relations one against another Men out of a mutual distrust would hasten from Company to consult in private their peculiar Safety for they knew their Words were observed and their Secrets sought after Few Families but had by the Civil War some Loss to bewail some mourned over their disagreeing Members in different Camps and had cause to fear which side soever prospered they must be miserable in some part These and many more Miseries were more highly embittered by the uncertainty of a Remedy For the Parliament that had the name of Government were guilty of all these Reproaches of a Community being Slaves to those whose interest it was to keep us thus miserable and if at any time they were free from the yoke of the Army the two Sects kept them so divided each Party labouring by Votes and Counsels to circumvent the other that they could not mind the Universal Benefit Besides the power they exercised was too much to be well used for they engrossed the Legislative Authority and the Exercise of Jurisdiction So that they would make Laws according to their Interest and execute them according to their Lust this day's Vote should contradict the former day's Order and to morrow we must violate what to day we solemnly swore to observe so that men knew not what to obey nor where to rest Thus all hopes of Liberty and Peace were lost in the Confinement of the King who only was found able and willing to determine our Miseries For His Principles were Uniform and His Endeavours for a Settlement constant besides His Adversities had illustrated if not calcined His Endowments For now when He had no Friends Counsellors or Secretaries His Discourses with Commissioners upon their several Addresses and His Declarations of His own Injuries the Nations Slavery the Injustice of His and their Adversaries were so excellently and prudently managed that they undeceived the greatest part and reconciled many of His bitter Enemies therefore the whole Nation now panted for a Return to the Obedience of such an inestimable Prince These Considerations caused several attempts for His Deliverance some Private and others more Publick The first was managed by those Servants whom the Parliament had placed about Him for these won by His Goodness of which they were daily witnesses twice plotted His Escape and ventured their Lives for His Liberty but failed in both designs and the last being discovered before it could be put into action One Rolfe a bloody Villain that had also endeavoured to poison Him for which though he was publickly accused yet was acquitted by that Judge whom the Conspirators had employed to hear that Cause waited to kill Him as He should descend from His Chamber The more publick was that of the whole Nation An. 1648 for inraged with their own Oppressions and the Miseries of their Prince men in most Counties even of those that had adhered to the Parliament but now vexed that they had been so basely deluded draw up Petitions for a Personal Treaty with the King that the Armies Arrears being paid they should immediately be disbanded that Relief should be sent into Ireland and England quite eased of the Contribution which they could no longer bear To these Petitions there were such innumerable Subscriptions that the Officers of the Army and Parliament were mad to see their Threats of Sequestration Imprisonment and Death to make no Impression and the Promises they likewise made were slighted because discredited by their former Perjuries The first Petitioners were the Essex men who came in such Numbers as had not been seen before as if they would force not intreat for what was necessary After them those of Surrey whom by the command of the Officers and Parliament-men the Souldiers assault at the Parliament-Doors kill some wound more and plunder all and for this brave Exploit upon unarmed Petitioners they have the Thanks of the Commons and a Largess for their Valour that so the People might be affrighted from offering Petitions which before the very same men had declared to be the Birth-right of every English-man While men see and admire the Returns of the Divine Justice and the reciprocal motions of the Popular heat that the very same Parliament that first stirr'd up this way of tumultuary Petitions against the King now complained that the Honour and Safety of Parliaments was indangered by Petitions But all their Tyranny upon the complaining Nation prevailed nothing but to provoke them to a higher Indignation and more frequent Petitions And when they perceived they dealt with men obstinate to their own Interests which were not
there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
took no notice of it although it was so weighty an Occurrence to have His prime Minister cut off in the busie Preparations for a great Design till He had finished His Addresses to Heaven and His Spirit was dismissed from the Throne of Grace to attend the Cares of that on Earth This was so clear an Evidence of a most fixed Devotion that those who built their Hopes upon His Reproaches slanderously imputed it to a secret Pleasure in the fall of him whose Greatness was now terrible to the Family that raised it which both His Majesties care of the Duke's Children afterwards as also the Consideration of His Condition did evince to be false and that the King neither hated him nor needed to fear him whom He could have ruined with a Frown and have obliged the People by permitting their Fury to pass upon him Besides His Majestie 's constant Diligence in those Duties did demonstrate that nothing but a principle of Holiness which is alwaies uniform both moved and assisted Him in those sacred Performances to which He was observed to go with an exceeding Alacrity as to a ravishing pleasure from which no lesser Pleasures nor Business were strong enough for a Diversion In the morning before He went to Hunting His beloved Sport the Chaplains were before Day call'd to their Ministry and when He was at Brainford among the Noise of Arms and near the Assaults of His Enemies He caused the Divine that then waited to perform his accustomed Service before He provided for Safety or attempted at Victory and would first gain upon the Love of Heaven and then afterwards repel the Malice of Men. Those that were appointed by the Parliament to attend Him in His Restraints wondred at His constant Devotions in His Closet and no Artifice of the Army was so likely to abuse Him to a Credulity of their good Intentions as the Permission of the Ministery of His Chaplains in the Worship of God a Mercy He valued to some of His Servants above that of enjoying Wife and Children At Sermons He carried Himself with such a Reverence and Attention that His Enemies which hated yet did even admire Him in it as if He were expecting new Instructions for Government from that God whose Deputy He was or a new Charter for a larger Empire and He was so careful not to neglect any of those Exercises that if on Tuesday Mornings on which Dayes there used to be Sermons at Court He were at any distance from thence He would ride hard to be present at the beginnings of them When the State of His Soul required He was as ready to perform those more severe parts of Religion which seem most distastful to Flesh and Blood And He never refused to take to Himself the shame of those Acts wherein He had transgressed that He might give Glory to His God For after the Army had forced Him from Holmeby and in their several removes had brought Him to Latmas an house of the Earl of Devonshire on Aug. 1. being Sunday in the Morning before Sermon He led forth with Him into the Garden the Reverend Dr Sheldon who then attended on Him and whom He was pleased to use as His Confessour and drawing out of His Pocket a Paper commanded him to read it transcribe it and so to deliver it to Him again This Paper contained several Vows which He had obliged His Soul unto for the Glory of His Maker the advance of true Piety and the emolument of the Church And among them this was one that He would do Publick Penance for the Injustice He had suffered to be done to the Earl of Strafford His consent to those Injuries that were done to the Church of England though at that time He had yielded to no more than the taking away of the High Commission and the Bishops power to Vote in Parliament and to the Church of Scotland and adjured the Dr that if ever he saw Him in a Condition to observe that or any of those Vows he should solicitously mind Him of the Obligations as he dreaded the guilt of the breach should ly upon His own Soul This voluntary submission to the Laws of Christianity exceeded that so memorable humiliation of the good Emperour Theodosius for he never bewailed the Blood of those seven thousand Men which in three hours space he caused to be spilt at Thessalonica till the resolution of St Ambrose made him sensible of the Crime But the Piety of King Charles anticipated the severity of a Confessor for those Offences to which He had been precipitated by the Violence of others This Zeal and Piety proceeded from the Dedication of His whole Soul to the Honour of His God for Religion was as Imperial in the Intellectual as in the Affectionate Faculties of it This Profession of the Church of England was His not so much by Education as Choice and He so well understood the Grounds of it that He valued them above all other Pretensions to Truth and was able to maintain it against all its Adversaries His Discourse with Henderson shews how just a Reverence He had for the Authority of the Catholick Church against the Pride and Ignorance of Schismaticks yet not to prostitute His Faith to the Adulterations of the Roman Infallibility and Traditions Nevertheless the most violent Slanders the Faction laboured to pollute Him with were those that rendred Him inclinable to Popery From which He was so averse that He could not forbear in His indearments to the Queen when He committed a secret to Her Breast which He would not trust to any other and when He admired and applauded Her affectionate Cares for His Honour and Safety in a Letter which He thought no Eye but Hers should have perused to let Her know that He still differ'd from Her in Religion for He says It is the only thing of Difference in Opinion betwixt Vs. Malice made the Slanderers blind and they published this Letter to the World than which there could not be a greater Evidence imaginable of the King 's most secret thoughts and Inward Sincerity nor a more shameful Conviction of their Impudence and damnable Falshood Nor did He only tell the Queen so but He made Her see it in His Actions For as soon as His Children were born it was His first Care to prevent the satisfaction of their Mother in baptizing them after the Rites of Her own Church When He was to Die a time most seasonable to speak Truth especially by Him who all His Life knew not how to Dissemble He declares His Profession in Religion to be the same with that which He found left by His Father King James How little the Papists credited what the Faction would have the World believe was too evident by the Conspiracies of their Fathers against His Life and Honour which the Discovery of Habernefield to whose relations the following practices against Him and the Church of England gained a belief brought to light They were mingled likewise
one thing which perhaps might require a larger discourse That although no humane authority can dispense with an Oath Quia Religio juramenti pertinet ad forum Divinum yet in some cases it cannot be denied but the obligation of an Oath ceaseth As when we swear homage and obedience to our Lord and Superiour who afterwards ceaseth to be our Lord and Superiour for then the formal cause of the Oath is taken away and therefore the Obligation Sublatâ Causâ tollitur Effectus Sublato Relato tollitur Correlatum or when any Oath hath a special reference to the benefit of those to whom I make the promise if we have their desire or consent the obligation ceaseth because all such Oaths from the nature of the thing do include a condition When the Parliaments of both Kingdoms have covenanted for the abolishing or altering of a Law Your Majesty's Oath doth not bind You or Your Conscience to the observing of it otherwise no Laws could be altered by the Legislative Power This I conceive hath been the ground of removing Episcopal Government in Scotland and of removing the Bishops out of the Parliament of England And I assure my self that Your Majesty did not intend at the taking of Your Oath that although both Houses of Parliament should find an alteration necessary although which God Almighty avert You should lose Your self and Your Posterity and Crown that You would never consent to the abolishing of such a Law If Your Majesty still object that the matter of the Oath is necessary and immutable that doth not belong to this but to the former Argument 8. I have but one word more concerning Your Piety to Your Royal Father and Teacher of Happy Memory with which Your Majesty does conclude Your Majesty knows that King James never admitted Episcopacy upon Divine Right That His Majesty did swear and subscribe to the Doctrine Worship and Discipline of the Church of Scotland That in the Preface of the latter Edition of Basilicon Doron His Majesty gives an honourable testimony to those that loved better the simplicity of the Gospel than the pomp and Ceremonies of the Church of England and that He conceived the Prelates to savour of the Popish Hierarchy and that could His Ghost now speak to Your Majesty He would not advise Your Majesty to run such hazards for those men who will chuse rather to pull down Your Throne with their own ruine than that they perish alone The Lord give Your Majesty a wise and discerning Spirit to chuse that in time which is right June 3. 1646. III. His MAJESTY's Second Paper For Mr Alexander Henderson A Reply to his Answer to my first Paper June 6. 1646. Mr Henderson IF it had been the Honour of the Cause which I looked after I would not have undertaken to put Pen to Paper or singly to have maintained this Argument against you whose Answer to my former Paper is sufficient without further proofs to justifie my opinion of your Abilities but it being merely as you know for my particular satisfaction I assure you that a Disputation of well chosen Divines would be most effectual and I believe you cannot but grant that I must best know how My self may be best satisfied for certainly My Tast cannot be guided by another man's Palate and indeed I will say that when it comes as it must to Probations I must have either Persons or Books to clear the Allegations or it will be impossible to give Me satisfaction The fore-seeing of which made Me at first for the saving of time desire that some of those Divines which I gave you in a List might be sent for 2. Concerning your second Section I were much to blame if I should not submit to that saying of S. Ambrose which you mention for I would be unwilling to be found less ingenuous than you shew your self to be in the former part of it wherefore my Reply is that as I shall not be ashamed to change for the better so I must see that it is better before I change otherwise Inconstancy in this were both Sin and Shame and remember what your self hath learnedly enforced that no man's Reason can be commanded by another man's Will 3. Your third begins but I cannot say that it goes on with that Ingenuity which the other did for I do not understand how those Examples cited out of the Old Testament do any way prove that the way of Reformation which I commend hath not been the most perfect or that any other is lawful those having been all by the Regal Authority and because Henry the Eighth's Reformation was not perfect will it prove that of King Edward and Q. Elizabeth to be unperfect I believe a new Mood and Figure must be found out to form a Syllogism whereby to prove that But however you are mistaken for no man who truly understands the English Reformation will derive it from Henry the Eighth for he only gave the occasion it was his Son who began and Q. Elizabeth that perfected it Nor did I ever aver that the beginning of any Humane Action was perfect no more than you can prove that God hath ever given approbation to Multitudes to Reform the Negligence of Princes For you know there is much Difference between Permission and Approbation But all this time I find no Reasons according to your promise for a Reformation or change I mean since Q. Elizabeth's time As for your Romanorum Malleus his saying it is well you come off it with yet this I may say for it seems to imply as if you neither ought nor would justifie that bloudy ungodly saying and for your comparing our Reformation here to the Laodicean lukewarmness proved by Complaints Grievings c. all that doth and but unhandsomely petere Principium nor can Generals satisfie Me for you must first prove that those men had reason to complain those Churches to be grieved and how we were truly the Causers of this Schism and Separation As for those words which you will not use I will not answer 4. Here indeed you truly repeat the first of my two main Arguments but by your favour you take as I conceive a wrong way to convince Me It is I must make good the Affirmative for I believe a Negative cannot be proved In stead of which if you had made appear the practice of the Presbyterian Government in the Primitive times you had done much for I do aver that this Government was never practised before Calvin's time the Affirmative of which I leave you to prove My task being to shew the lawfulness and succession of Episcopacy and as I believe the necessity of it For doing whereof I must have such Books as I shall call for which possibly upon perusal may one way or other give Me satisfaction but I cannot absolutely promise it without the assistance of some Learned man whom I can trust to find out all such Citations as I have use of wherefore blame Me not
if time be unnecessarily lost 5. Now for the fallaciousness of my Argument to my knowledge it was never My practice nor do I confess to have begun now For if the Practice of the Primitive Church and the universal consent of the Fathers be not a convincing Argument when the interpretation of Scripture is doubtful I know nothing For if this be not then of necessity the Interpretation of private Spirits must be admitted the which contradicts St. Peter 2 Pet. 1. 20. is the Mother of all Sects and will if not prevented bring these Kingdoms into confusion And to say that an Argument is ill because the Papists use it or that such a thing is good because it is the Custom of some of the Reformed Churches cannot weigh with Me until you prove these to be infallible or that to maintain no Truth And how Diotrephes Ambition who directly opposed the Apostle St John can be an Argument against Episcopacy I do not understand 6. When I am made a Judge over the Reformed Churches then and not before will I censure their Actions as you must prove before I confess it that Presbyters without a Bishop may lawfully ordain other Presbyters And as for the Administration of Baptism as I think none will say that a Woman can lawfully or duely administer it though when done it be valid so none ought to do it but a lawful Presbyter whom you cannot deny but to be absolutely necessary for the Sacrament of the Eucharist 7. You make a learned succinct discourse of Oaths in general and their several Obligations to which I fully agree intending in the particular now in question to be guided by your own Rule which is when any Oath hath a special reference to the Benefit of those to whom I make the Promise if we have their desire or consent the Obligation ceaseth Now it must be known to whom this Oath hath reference and to whose benefit The Answer is clear Only to the Church of England as by the Record will be plainly made appear And you much mistake in alledging that the two Houses of Parliament especially as they are now constituted can have this Disobligatory power for besides that they are not named in it I am confident to make it clearly appear to you that this Church never did submit nor was subordinate to them and that it was only the King and Clergy who made the Reformation the Parliament merely serving to help to give the Civil Sanction All this being proved of which I make no question it must necessarily follow that it is only the Church of England in whose favour I took this Oath that can release Me from it wherefore when the Church of England being lawfully assembled shall declare that I am free then and not before I shall esteem My self so 8. To your last concerning the King My Father of Happy and Famous Memory both for his Piety and Learning I must tell you that I had the Happiness to know Him much better than you wherefore I desire you not to be too confident in the knowledge of His Opinions for I dare say should his Ghost now speak He would tell you that a bloody Reformation was never lawful as not warranted by God's Word and that Preces lachrymae sunt Arma Ecclesiae 9. To conclude having replied to all your Paper I cannot but observe to you that you have given Me no Answer to my last Quaere It may be you are as Chaucer says like the People of England What they not like they never understand but in earnest that question is so pertinent to the Purpose in hand that it will much serve for My satisfaction and besides it may be useful for other things C. R. Newcastle June 6. 1646. IV. Mr. Alexander Henderson's Second Paper For His MAJESTY SIR THE smaller the encouragements be in relation to the success which how small they are Your Majesty well knows the more apparent and I hope the more acceptable will my obedience be in that which in all humility I now go about at Your Majesty's command yet while I consider that the way of man is not in himself nor is it in man that walketh to direct his own steps and when I remember how many supplications with strong crying and tears have been openly and in secret offered up in Your Majesty's behalf unto God that heareth prayer I have no reason to despair of a blessed success 1. I have been averse from a disputation of Divines 1. For saving of time which the present exigence and extremity of affairs make more than ordinarily pretious While Archimedes at Syracuse was drawing his figures and circlings in the sand Marcellus interrupted his Demonstration 2. Because the common result of Disputes of this kind answerable to the prejudicate opinions of the Parties is rather Victory than Verity while tanquam tentativi Dialectici they study more to overcome their adverse Party than to be overcome of Truth although this be the most glorious Victory 3. When I was commanded to come hither no such thing was proposed to me nor expected by me I never judged so meanly of the Cause nor so highly of my self as to venture it upon such weakness Much more might be spoken to this purpose but I forbear 2. I will not further trouble Your Majesty with that which is contained in the second Section hoping that Your Majesty will no more insist upon Education Prescription of time c. which are sufficient to prevent Admiration but which Your Majesty acknowledges must give place to Reason and are no sure ground of resolution of our Faith in any point to be believed although it be true that the most part of men make these and the like to be the ground and rule of their Faith an Evidence that their Faith is not a Divine Faith but an humane Credulity 3. Concerning Reformation of Religion in the third Section I had need have a Preface to so thorny a Theme as your Majesty hath brought me upon 1. For the Reforming power it is conceived when a General Defection like a Deluge hath covered the whole face of the Church so that scarcely the tops of the Mountains do appear a General Council is necessary but because that can hardly be obtained several Kingdoms which we see was done at the time of the Reformation are to Reform themselves and that by the Authority of their Prince and Magistrates if the Prince or supreme Magistrate be unwilling then may the inferior Magistrate and the People being before rightly informed in the grounds of Religion lawfully Reform within their own sphere and if the light shine upon all or the major part they may after all other means assayed make a publick Reformation This before this time I never wrote or spoke yet the Maintainers of this Doctrine conceive that they are able to make it good But Sir were I worthy to give advice to Your Majesty or to the Kings and supreme Powers on Earth
Truth but follow their own Fancies 3. Ratione Finis when the Interpretation is not proposed as Authentical to bind others but is intended only for our own private satisfaction The first is not to be despised the second is to be exploded and is condemned by the Apostle Peter the third ought not to be censured But that Interpretation which is Authentical and of supreme Authority which every mans conscience is bound to yield unto is of an higher nature And although the General Council should resolve it and the Consent of the Fathers should be had unto it yet there must always be place left to the judgment of Discretion as Davenant late Bishop of Salisbury beside divers others hath learnedly made appear in his Book De Judice Controversiarum where also the Power of Kings in matter of Religion is solidly and unpartially determined Two words only I add One is that notwithstanding all that is pretended from Antiquity a Bishop having sole power of Ordination and Jurisdiction will never be found in Prime Antiquity The other is that many of the Fathers did unwittingly bring forth that Antichrist which was conceived in the times of the Apostles and therefore are incompetent Judges in the Question of Hierarchy And upon the other part the Lights of the Christian Church at and since the beginning of the Reformation have discovered many secrets concerning the Antichrist and his Hierarchy which were not known to former Ages And divers of the Learned in the Roman Church have not feared to pronounce That whosoever denies the true and literal sense of many Texts of Scripture to have been found out in this last Age is unthankful to God who hath so plentifully poured forth his Spirit upon the Children of this Generation and ungrateful towards those men who with so great pains so happy success and so much benefit to God's Church have travailed therein This might be instanced in many places of Scripture I wind together Diotrephes and the Mystery of iniquity the one as an old example of Church-ambition which was also too palpable in the Apostles themselves and the other as a cover of Ambition afterwards discovered which two brought forth the great Mystery of the Papacy at last 6. Although Your Majesty be not made a Judge of the Reformed Churches yet You so far censure them and their actions as without Bishops in Your Judgment they cannot have a lawful Ministery nor a due Administration of the Sacraments Against which dangerous and destructive Opinion I did alledge what I supposed Your Majesty would not have denied 1. That Presbyters without a Bishop may ordain other Presbyters 2. That Baptism administred by such a Presbyter is another thing than Baptism administred by a private person or by a Midwife Of the first Your Majesty calls for proof I told before that in Scripture it is manifest 1 Tim. 4. 14. Neglect not the Gift that is in thee which was given thee by the Prophecy with the laying on of the hands of the Presbytery so it is in the English Translation And the word Presbytery To often as it is used in the New Testament always signifies the Persons and not the Office And although the Offices of Bishop and Presbyter were distinct yet doth not the Presbyter derive his power of Order from the Bishop The Evangelists were inferiour to the Apostles yet had they their power not from the Apostles but from Christ The same I affirm of the Seventy Disciples who had their power immediately from Christ no less than the Apostles had theirs It may upon better reason be averred that the Bishops have their power from the Pope than that Presbyters have their power from the Prelats It is true Jerome saith Quid facit exceptâ ordinatione Episcopus quod non facit Presbyter But in the same place he proves from Sccipture that Episcopus and Presbyter are one and the same and therefore when he appropriates Ordination to the Bishop he speaketh of the degenerated custom of his time Secondly Concerning Baptism a private person may perform the external Action and Rites both of it and of the Eucharist yet is neither of the two a Sacrament or hath any efficacy unless it be done by him that is lawfully called thereunto or by a person made publick and cloathed with Authority by Ordination This Errour in the matter of Baptism is begot by another Errour of the Absolute Necessity of Baptism 7. To that which hath been said concerning Your Majesties Oath I shall add nothing not being willing to enter upon the Question of the subordination of the Church to the Civil Power whether the King or Parliament or both and to either of them in their own place Such an Headship as the Kings of England have claimed and such a Supremacy as the Two Houses of Parliament crave with the Appeals from the supreme Ecclesiastical Judicature to them as set over the Church in the same line of Subordination I do utterly disclaim upon such Reasons as give my self satisfaction although no man shall be more willing to submit to Civil powers each one in their own place and more unwilling to make any trouble than my self Only concerning the application of the Generals of an Oath to the particular case now in hand under favour I conceive not how the Clergy of the Church of England is or ought to be principally intended in Your Oath For although they were esteemed to be the Representative Church yet even that is for the benefit of the Church Collective Salus Populi being Suprema lex and to be principally intended Your Majesty knows it was so in the Church of Scotland where the like alteration was made And if nothing of this kind can be done without the consent of the Clergy what Reformation can be expected in France or Spain or Rome it self It is not to be expected that the Pope or Prelates will consent to their own ruine 8. I will not presume upon any secret knowledge of the Opinions held by the King Your Majesty's Father of famous Memory they being much better known to Your Majesty I did only produce what was profest by Him before the world And although Prayers and Tears be the Arms of the Church yet it is neither acceptable to God nor conducible for Kings and Princes to force the Church to put on these Arms. Nor could I ever hear a reason why a necessary Defensive War against unjust Violence is unlawful although it be joyned with Offence and Invasion which is intended for Defence but so that Arms are laid down when the Offensive War ceaseth by which it doth appear that the War on the other side was in the nature thereof Defensive 9. Concerning the forcing of Conscience which I pretermitted in my other Paper I am forced now but without forcing of my conscience to speak of it Our Conscience may be said to be forced either by our selves or by others By our selves 1. When we stop the ear of our Conscience
prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War and tho' all Our endeavours tending to the composing of those unhappy Differences betwixt Us and our two Houses of Parliament though pursued by us with all zeal and sincerity have been hitherto without that success We hoped for yet such is Our constant and earnest care to preserve the publick Peace that we shall not be discouraged from using any expedient which by the blessing of the God of Mercy may lay a firm foundation of Peace and Happiness to all Our good Subjects To this end observing that many mistakes have arisen by the Messages Petitions and Answers betwixt Us and Our two Houses of Parliament which happily may be prevented by some other way of Treaty wherein the matters in difference may be more clearly understood and more freely transacted We have thought fit to propound to you that some fit persons may be by you enabled to treat with the like Number to be authorized by Us in such a manner and with such freedom of debate as may best tend to that happy conclusion which all good men desire The peace of the Kingdom wherein as We promise in the word of a King all safety and encouragement to such as shall be sent unto Us if you shall chuse the place where We are for the Treaty which we wholly leave to you presuming on the like care of the safety of those We shall imploy if you shall name another place so We assure you and all Our good Subjects that to the best of Our Understanding nothing shall be therein wanting on Our part which may advance the true Protestant Religion oppose Popery and Superstition secure the Law of the land upon which is built as well Our just Prerogative as the Propriety and Liberty of the Subject confirm all just Power and Priviledges of Parliament and render Us and Our People truly happy by a good understanding betwixt Us and Our two Houses of Parliament Bring with you as firm resolutions to do your Duty and let all Our People joyn with Us in Our Prayers to Almighty God for his blessing upon this Work If this Proposition shall be rejected by you We have done Our duty so amply that God will absolve Us from the guilt of any of that Blood which must be spilt And what opinion soever other men may have of Our Power We assure you nothing but Our Christian and pious care to prevent the effusion of Blood hath begot this motion Our provision of Men Arms and Money being such as may secure Us from further Violence till it please God to open the Eyes of Our People IV. From ...... Sept. 5. MDCXLII In pursuance of the former WE will not repeat what means We have used to prevent the dangerous and distracted Estate of the Kingdom nor how these means have been interpreted because being desirous to avoid effusion of Blood We are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted We never did declare nor ever intended to declare both Our Houses of Parliament Traytors or set up Our Standard against them and much less to put them and this Kingdom out of Our protection We utterly profess against it before God and the World And further to remove all possible scruples which may hinder the Treaty so much desired by Us We hereby promise so that a day be appointed by you for the revoking of your Declarations against all Persons as Traytors or otherwise for assisting Us We shall with all chearfulness upon the same day recal Our Proclamations and Declarations and take down Our Standard in which Treaty We shall be ready to grant any thing that shall be really for the good of Our Subjects Conjuring you to consider the bleeding condition of Ireland and the dangerous condition of England in as high a degree as by these Our offers We have declared Our Self to do And assuring you that Our chief desire in this World is to beget a good Understanding and mutual Confidence betwixt Us and Our two Houses of Parliament V. From ...... Sept. 11. MDCXLII In Replie to the Answer of both Houses to the former WHO have taken most ways used most endeavours and made most real expressions to prevent the present Distractions and Dangers let all the World judge as well by former passages as Our two last Messages which have been so fruitless that though We have descended to desire and press it not so much as a Treaty can be obtained unless We would denude Our self of all force to defend Us from a visible strength marching against Us and admit those persons accounted as Traytors to Us who according to their Duty their Oaths of Allegiance and the Law have appeared in defence of Us their King and Liege Lord whom We are bound in Conscience and Honour to preserve though We disclaimed all Our Proclamations and Declarations and the erecting of Our Standard as against Our Parliament All We have now left in Our power is to express the deep sense We have of the publick Misery of this Kingdom in which is involved that of Our distressed Protestants of Ireland and to apply Our self to Our necessary defence wherein We wholly relie upon the Providence of God the Justice of Our Cause and the Affection of Our good People so far We are from putting them out of Our Protection When you shall desire a Treaty of Us We shall piously remember whose blood is to be spilt in this quarrel and chearfully embrace it And as no other reason induced Us to leave Our City of London but that with Honour and Safety We could not stay there nor to raise any force but for the necessary defence of Our Person and the Law against Levies in opposition to both so We shall suddenly and most willingly return to the one and disband the other as soon as those causes shall be removed The God of Heaven direct you and in Mercy divert those Judgments which hang over this Nation and so deal with Us and Our Posterity as We desire the preservation and advancement of the true Protestant Religion and the Law and Liberty of the Subject the just Rights of Parliament and the Peace of the Kingdom VI. From BRAINFORD Nov. 12. MDCXLII After the Defeat of the Parliament Forces at EDGE-HILL and at BRAINFORD WHereas the last Night being the eleventh of November after the departure of the Committee of both Our Houses with Our gracious Answer to their Petition We received certain information having till then heard nothing of it either from the Houses Committee or otherwise that the L. of Essex had drawn his Forces out of London towards Us which hath necessitated Our sudden resolution to march with Our Forces to Brainford We have thought hereby fit to signifie to both Our Houses of Parliament that we are no less desirous of the Peace of the Kingdom than We express in Our
of Horse Foot and Artillery His plenty of Ammunition which some men lately might conceive He wanted is so well known and understood that it must be confessed that nothing but the Tenderness and Love to His people and those Christian Impressions which always have and He hopes always shall dwell in His heart could move Him once more to hazard a refusal And he requires them as they will answer to God to Himself and all the World that they will no longer suffer their fellow-Subjects to welter in each others bloud that they will remember by whose Authority and to what end they met in that Council and send such an Answer to His Majesty as may open a door to let in a firm Peace and Security to the whole Kingdom If His Majesty shall again be disappointed of His intentions herein the Bloud Rapine and Distraction which must follow in England and Ireland will be cast upon the account of those who are deaf to the motion of Peace and Accommodation IX From OXFORD Mar. 3. MDCXLIII IV. For a Treaty To the Lords and Commons of Parliament Assembled at Westminster C. R. OUT of Our most tender and pious sense of the sad and bleeding condition of this Our Kingdom and Our unwearied desires to apply all remedies which by the blessing of Almighry God may recover it from an utter Ruine by the Advice of the Lords and Commons of Parliament assembled at Oxford We do propound and desire That a convenient number of fit Persons may be appointed and authorized by you to meet with all convenient speed at such Place as you shall nominate with an equal number of fit Persons whom We shall appoint and authorize to Treat of the ways and means to settle the present Distractions of this Our Kingdom and to procure a happy Peace And particularly how all the Members of both Houses may securely meet in a full and free Convention of Parliament there to Treat Consult and Agree upon such things as may conduce to the maintenance and defence of the true Reformed Protestant Religion with due consideration to all just and reasonable ease of tender Consciences to the settling and maintaining of Our just Rights and Priviledges of the Rights and Priviledges of Parliament the Laws of the Land the Liberty and Property of the Subject and all other Expedients that may conduce to that blessed end of a firm and lasting Peace both in Church and State and a perfect understanding betwixt Us and Our People wherein no endeavour or concurrency of Ours shall be wanting And God direct your hearts in the ways of Peace Given at Our Court at Oxford the third day of March 1643. X. From EVESHOLME July 4. MDCXLIV After the Defeat of Waller at Cropredy Bridge To the Lords and Commons of Parliament Assembled at Westminster C. R. WE being deeply sensible of the Miseries and Calamities of this Our Kingdom and of the grievous Sufferings of Our poor Subjects do most earnestly desire that some Expedient may be found out which by the blessing of God may prevent the further effusion of blood and restore the Nation to Peace from the earnest and constant endeavouring of which as no discouragement given Us on the Contrary part shall make Us cease so no success on Ours shall ever divert Us. For the effecting whereof We are most ready and willing to condescend to all that shall be for the good of Us and Our People whether by way of confirmation of what We have already granted or of such further concession as shall be requisite to the giving a full assurance of the performance of all Our most real professions concerning the maintenance of the true Reformed Protestant Religion established in this Kingdom with due regard to the ease of tender Consciences the just Priviledges of Parliament and the Liberty and Propriety of the Subject according to the Laws of the Land as also by granting a general Pardon without or with exceptions as shall be thought fit In order to which blessed Peace We do desire and propound to the Lords and Commons of Parliament assembled at Westminster That they appoint such and so many persons as they shall think fit sufficiently authorized by them to attend Us at Our Army upon safe conduct to come and return which We do hereby grant and conclude with Us how the Premisses and all other things in question betwixt Us and them may be fully settled whereby all unhappy mistakings betwixt Us and Our People being removed there may be a present Cessation of Arms and as soon as may be a total disbanding of all Armies the Subject have his due and We be restored to Our Rights Wherein if this Our offer shall be accepted there shall be nothing wanting on Our part which may make Our People secure and happy Given at our Court at Evesholm the fourth of July 1644. XI From TAVESTOCK Sept. 8. MDCXLIV After the Defeat of the Earl of ESSEX in Cornwal To the Lords and Commons of Parliament Assembled at Westminster CHARLES R. IT having pleased God in so eminent a manner lately to bless Our Armies in these parts with success We do not so much joy in that blessing for any other consideration as for the hopes We have that it may be a means to make others lay to heart as We do the miseries brought and continued upon Our Kingdom by this unnatural War and that it may open your ears and dispose your minds to embrace those offers of Peace and Reconciliation which have been so often and so earnestly made unto you by Us and from the constant and fervent endeavours of which We are resolved never to desist In pursuance whereof We do upon this occasion conjure you to take into consideration Our too-long-neglected Message of the fourth of July from Evesholm which We again renew unto you and that you will speedily send Us such an Answer thereunto as may shew unto Our poor Subjects some light of a deliverance from their present Calamities by a happy Accommodation toward which We do here engage the word of a King to make good all those things which We have therein promised and really to endeavour a happy conclusion of this Treaty And so God direct you in the ways of Peace Given at our Court at Tavestock the eighth of September 1644. From OXFORD Dec. 13. MDCXLIV For a Treaty by Commissioners By the Duke of Richmond and Earl of Southampton HIS Majesty hath seriously considered your Propositions and finds it very difficult in respect they import so great an alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best expedient for Peace That you will appoint such a number of Persons
as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
give way to the sale of Forest-Lands for that purpose this being the publick Debt which in His Majesties Judgment is first to be satisfied And for other publick Debts already contracted upon Church-Lands or any other Ingagements His Majesty will give His Consent to such Act or Acts for raising of monies for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby His People already too heavily burthened by these late Distempers may have no more pressures upon them than this absolute necessity requires And for the further securing of all fears His Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of His Reign by the two Houses of Parliament their Patents and Commissions being taken from His Majesty and after to return to the Crown as is expressed in the Article of the Militia For the Court of Wards and Liveries His Majesty very well knows the consequence of taking that away by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the protection of many of His Subjects being Infants Nevertheless if the continuance thereof seem grievous to His Subjects rather than He will fail on His part in giving satisfaction He will consent to an Act for taking of it away so as a full recompence be setled upon His Majesty and His Successors in perpetuity and that the Arrears now due be reserved unto Him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away His Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering to them And His Majesty proposeth as the best expedient to take away all seeds of future Differences that there be an Act of Oblivion to extend to all His Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed His Majesty will give full satisfaction to His two Houses concerning that Kingdom And although His Majesty cannot consent in Honour and Justice to avoid all His own Grants and Acts past under His great Seal since the two and twentieth of May 1642 or to the confirming of all the Acts and Grants passed under that made by the two Houses yet His Majesty is confident that upon perusal of particulars He shall give full satisfaction to His two Houses as to what may reasonably be desired in that particular And now His Majesty conceives that by these His offers which He is ready to make good upon the settlement of a Peace He hath clearly manifested His intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of His People and for the perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as His Majesty shall find necessary to propose on His part He earnestly desires a Personal Treaty at London with His two Houses in Honour Freedom and Safety it being in His Judgement the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or avoid future Misunderstandings All these things being by Treaty perfected His Majesty believes His Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns the Kingdom of Scotland His Majesty will very readily apply Himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto Him CHARLES R. From the Isle of Wight November 17. 1647. XXXIII From CARISBROOK Dec. 6. MDCXLVII For an Answer to His last To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of His Message of the 17. of November last But since there is not in nature any consideration preceding to that of Peace His Majesty's constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom That Trade is so decayed all commodites so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that acknowledgement from His two Houses which this great Grace and Favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on His Majesty with the same resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesty's earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace Carisbrook-Castle Decemb. 6. 1647. XXXIV From CARISBROOK Dec. 28. MDCXLVII In Answer to the Four Bills and Propositions before the Votes of No address For the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least difficulties He hath met with since the time of His Afflictions Which is too visible when
not been seen read and delivered it open unto them whereupon what hath since passed either by the Governour in discharging most of My Servants redoubling the Guards and restraining Me of My former Liberty and all this as himself confess'd merely out of his own dislike of My Answer notwithstanding his beforesaid Engagement or afterwards by the two Houses as the Governour affirms in confining Me within the Circuit of this Castle I appeal to God and the World whether My said Answer deserved the reply of such proceedings besides the unlawfulness for Subjects to imprison their King That by the permission of Almighty God I am reduced to this sad condition as I no way repine so I am not without hope but that the same God will in due time convert these Afflictions into My advantage In the mean time I am confident to bear these crosses with Patience and a great Equality of Mind But by what means or occasion I am come to this Relapse in My Affairs I am utterly to seek especially when I consider that I have sacrificed to My two Houses of Parliament for the Peace of the Kingdome all but what is much more dear to Me than My life My Conscience and Honour desiring nothing more than to perform it in the most proper and natural way a Personal Treaty But that which makes Me most at a loss is the remembring My signal compliance with the Army and their Interests and of what importance My compliance was to them and their often-repeated Professions and Engagements for My just Rights in general at Newmarket and S. Albans and their particular explanation of those Generals by their voted and re-voted Proposals which I had reason to understand should be the utmost extremity would be expected from Me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations or My professions to them I challenge them and the whole World to produce the least colour of Reason And now I would know what it is that is desired Is it Peace I have shewed the way being both willing and desirous to perform My part in it which is a just compliance with all chief Interests Is it Plenty and Happiness They are the inseparable effects of Peace Is it Security I who wish that all Men would forgive and forget like Me have offered the Militia for My time Is it Liberty of Conscience He who wants it is most ready to give it Is it the right administration of Justice Officers of trust are committed to the choice of My two Houses of Parliament Is it frequent Parliaments I have legally fully concurr'd therewith Is it the Arrears of the Army Upon a settlement they will certainly be payed with much ease but before there will be found much difficulty if not impossibility in it Thus all the World cannot but see my reall and unwearied endeavours for Peace the which by the grace of God I shall neither repent Me of nor ever be slackned in notwithstanding My past present or future sufferings but if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that Men are afraid to hear from Me It cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable Discourses for thereby peradventure I might more justifie this My Restraint than the causers themselves can do so that of all wonders yet this is the greatest to Me. But it may be easily gathered how those men intend to govern who have used Me thus And if it be My hard Fate to fall together with the Liberty of this Kingdom I shall not blush for My self but much lament the future Miseries of My People the which I shall still pray to God to avert whatever becomes of Me. CHARLES R. II. An Answer to a Pamphlet entitled A Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds of passing the late Resolutions touching no farther Address or Application to be made to the KING Published by His Majestie 's appointment I Believe that it was never heard of until now that heavy Imputations were laid on any man I speak not now of Kings which I confess makes the case yet more strange and unjust and He not permitted to see much less to answer them but so it is now with the King which does though silently yet subject Him to as great an Imputation as there is any in the said Declaration for those who know no better may think that He cannot because He does not answer it Wherefore I hold it my Duty knowing these things better than every ordinary man to do my best that the King should not be injured by the Ignorance of His People and albeit I lying under Persecution for My Conscience and love to Regal Authority have not the means in every thing to make full Probations yet I am confident in all the most material Points so to make the truth of the King's Innocency appear that I shall satisfie any impartial judicious Reader What the Issue of former Addresses to the King hath been is most certainly known to all the World but where the fault rests whereby Peace hath not ensued bare Asseverations without Proofs cannot I am sure satisfie any judicious Reader And indeed it seems to me that the Penner of these seeks more to take the ears of the ignorant Multitude with big words and bold Assertions than to satisfie Rational men with real proofs or true Arguments For at the very first he begs the Question taking it for granted that the King could ease the Sighs and Groans dry the Tears and stanch the Blood of His distressed Subjects Alas Is it He that keeps Armies on foot when there is none to oppose Is it He that will not lay down Excise Taxations and Free-quarterings But it is He indeed who was so far from Power even at that time being far worse since that in most things He wanted the Liberty of any free-born man It is He who never refused to ease His People of their Grievances witness more Acts of Grace passed in His Reign than to speak within my compass in any five Kings or Queens Times that ever were before Him Moreover it is He who to settle the present unhappy Distractions and as the best means to it to obtain a Personal Treaty hath offered so much that to say truth during His own time He hath left Himself little more than the Title of a King as it plainly appears by His Message from the Isle of Wight concerning the Militia and chusing the Officers of State and Privy-Counsellours besides other points of Compliance which it is needless here to mention Good God! are these Offers unfit for them to receive Have they
for all this you are to make Me the best bargain you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poining's Act for such Bills as shall be agreed upon between you there and the present taking away of the Penal Laws against Papists by a Law will do it I shall not think it a hard bargain so that freely and vigorously they engage themselves in My assistance against My Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour Copie to Ormond 27. February 1644. 5. XXVIII To the QUEEN OXFORD Mar. 5. MDCXLIV V. Dear Heart NOW is come to pass what I foresaw the fruitless end as to a present Peace of this Treaty but I am still confident that I shall find very good effects of it For besides that My Commissioners have offered to say no more full-measured reason and the Rebels have stucken rigidly their demands which I dare say had been too much though they had taken Me Prisoner so that assuredly the breach will light foully upon them We have likewise at this time discovered and shall make it evidently appear to the world that the English Rebels whether basely or ignorantly will be no very great difference have as much as in them lies transmitted the Command of Ireland from the Crown of England to the Scots which besides the reflection it will have upon these Rebels will clearly shew that Reformation of the Church is not the chief much less the only end of the Scotch Rebellion But it being presumption and no piety so to trust to a good Cause as not to use all lawful means to maintain it I have thought of one means more to furnish Thee with for My assistance than hitherto Thou hast had It is that I give Thee power to promise in My Name to whom thou thinkest most fit that I will take away all the Penal Laws against the Roman Catholicks in England as soon as God shall make Me able to do it so as by their means or in their favours I may have so powerful assistance as may deserve so great a favour and enable Me to do it But if Thou ask what I call that assistance I answer that when Thou knowest what may be done for it it will be easily seen if it deserve to be so esteemed I need not tell Thee what secrecy this business requires yet this I will say that this is the greatest point of confidence I can express to Thee for it is no thanks to Me to trust Thee in any thing else but in this which is the only thing of difference in opinion betwixt Us. And yet I know Thou wilt make as good a bargain for Me even in this I trusting thee though it concern Religion as if Thou wert a Protestant the visible good of My Affairs so much depending on it I have so fully instructed this Bearer Pooly that I will not say more to Thee now but that herewith I send Thee a new Cypher assuring Thee that none hath or shall have any Copy of it but My self to the end Thou mayest use it when Thou shalt find fit to write any thing which Thou wilt judge worthy of Thy pains to put in Cypher and to be decyphered by none but Me and so likewise from Him to Thee who is eternally Thine 20. 23. To My Wife the 5. March 1644. 5. by Pooly XXIX To the QUEEN OXFORD 13 March Old style Dear Heart WHAT I told thee last Week concerning a good parting with our Lords and Commons here was on Monday last handsomly performed and now if I do any thing unhandsom or disadvantageous to My self or Friends in order to a Treaty it will be meerly My own Fault For I confess when I wrote last I was in fear to have been pressed to make some mean overtures to renew the Treaty knowing that there were great labourings to that purpose but now I promise Thee if it be renewed which I believe will not without some eminent good success on My side it shall be to My honour and advantage I being now as well freed from the place of base and mutinous motions that is to say our Mungrel Parliament here as of the chief causers for whom I may justly expect to be chidden by Thee for having suffered Thee to be vexed by them Wilmot being already there Percy on his way and Sussex within few daies taking his journey to Thee but that I know thou carest not for a little trouble to free Me from great inconveniences Yet I must tell Thee that if I knew not the perfect stediness of Thy love to Me I might reasonably apprehend that their repair to Thee would rather prove a change than an end of their Villanies and I cannot deny but My confidence in Thee was some cause of this permissive trouble to Thee I have received Thine of the third of March by which Thou puttest Me in hope of assistance of men and money and it is no little expression of Thy love to Me that because of My business Festivals are troublesome to Thee but I see that Assemblies in no Countries are very agreeable to Thee and it may be done a purpose to make Thee weary of their companies and excuse Me to tell Thee in earnest that it is no wonder that mere Statesmen should desire to be rid of Thee Therefore I desire Thee to think whether it would not advantage Thee much to make a personal Friendship with the Queen Regent without shewing any distrust of Her Ministers though not wholly trusting to them and to shew Her that when Her Regency comes out and possibly before She may have need of Her Friends so that She shall but serve Her self by helping of Thee and to say no more but certainly if this Rebellion had not begun to oppress Me when it did a late great Queen had ended more glorious than She did In the last place I desire Thee to give Me a weekly account of Thy health for I fear lest in that alone Thou takest not care enough to express Thy kindness to Him who is eternally Thine The Northern news is rather better than what we first heard for what by Sir Langdale's and Montross's Victories Carlisle and the rest of our Northern Garrisons are relieved and we hope for this year secured and besides all this the Northern Horse are already returned and joyned with My Nephew Rupert To My Wife 13. March 1644. 5. by P. A. XXX To the QUEEN OXFORD Thursday 20. March Dear Heart UPON Saturday last I wrote to Thee by Sabran but this I believe may come as soon to Thee and I have received Thine of the seventh upon Monday last which gave Me great contentment both in present and expectation the quick passage being likewise a welcome circumstance and yet I
will only say one word to you Now that you are the Speaker I command you to do the office of a Speaker which is faithfully to report the great Cause of the Meeting that My Lord Keeper in My Name did represent unto you the last day with this assurance That you giving Me your timely help in this great Affair I shall give a willing ear to all your just Grievances XIX To the House of Lords at WESTMINSTER April 24. MDCXL His Majesty said THAT the cause of His coming was to put them in mind of what had been delivered by the Lord Keeper in His Name unto both Houses the first day of the Parliament and after at White-Hall How contrary to His expectation the House of Commons having held Consultation of matter of Religion Property of Goods and Liberty of Parliament and voted some things concerning those three Heads had therefore given them the precedence before the matter of His Supply That His Necessities were such they could not bear delay That whatsoever He had by the Lord Keeper promised He would perform if the House of Commons would trust Him For Religion that His Heart and Conscience went together with the Religion established in the Church of England and He would give Order to His Arch-Bishops and Bishops that no Innovation in matter of Religion should creep in For the Ship-money that He never made or intended to make any profit to Himself of it but only to preserve the Dominion of the Seas which was so necessary that without it the Kingdom could not subsist But for the way and means by Ship-money or otherwise He left it to them For Property of Goods and Liberty of Parliament He ever intended His People should injoy them holding no King so Great as he that was King of a rich and free People and if they had not Property of Goods and Liberty of Persons they could be neither rich nor free That if the House of Commons would not first trust Him all His Affairs would be disordered and His business lost That though they trusted Him in part at first yet before the Parliament ended He must totally trust them and in conclusion they must for execution of all things wholly trust Him Therefore since the matter was no more than who should be first trusted and that the trust of Him first was but a trust in part He desired the Lords to take into their consideration His and their own Honour the Safety and Welfare of this Kingdom with the great Danger it was in and that they would by their Advice dispose the House of Commons to give His Supply the precedence before the Grievances XX. To the Lords and Commons at the Dissolving of His Fourth Parliament at WESTMINSTER May 5. MDCXL MY Lords There can no occasion of My coming to this House be so unpleasing to Me as this is at this time The fear of doing that which I am to do at this day made Me not long agoe come to this House where I expressed as well My fears as the remedies I thought necessary for the eschewing of it Unto which I must confess and acknowledge that you My Lords of the Higher House did give me so willing an ear and with such affection did shew your selves thereafter that certainly I may say if there had been any means to have given an happy end to this Parliament you took it So that it was neither your Lordships fault nor Mine that it is not so Therefore in the first place I must give your Lordships thanks for your good endeavours I hope you remember what My Lord Keeper said to you the first day of the Parliament in My Name what likewise he said in the Banquetting-House in White-Hall and what I lately said to you in this place My self I name all this unto you not in doubt that you do not well remember it but to shew that I never said any thing in way of favour to My People but that by the Grace of God I will really and punctually perform it I know that they have insisted very much on Grievances and I will not say but that there may be some though I will confidently affirm that there are not by many degrees so many as the publick voice doth make them Wherefore I desire you to take notice now especially at this time that out of Parliament I shall be as ready if not more willing to hear and redress any just Grievances as in Parliament There is one thing which is much spoken of though not so much insisted on as others and that is Religion Concerning which albeit I expressed My self fully the last day in this place to your Lordships yet I think it fit again on this occasion to tell you that as I am most concerned so I shall be most careful to preserve that purity of Religion which I thank God is so well established in the Church of England and that as well out as in Parliament My Lords I shall not trouble you long with words it being not My fashion wherefore to conclude What I offered the last day to the House of Commons I think is well known to you all as likewise how they accepted it which I desire not to remember but wish that they had remembred how at first they were told in My Name by My Lord Keeper That Delay was the worst kind of Denial Yet I will not lay this fault on the whole House for I will not judge so uncharitably of those whom for the most part I take to be Loyal and well-affected Subjects but that it hath been the malicious cunning of some few seditiously-affected men that hath been the cause of this Misunderstanding I shall now end as I began in giving your Lordships thanks for your affection shewed to Me at this time desiring you to go on to assist Me in the maintaining of that Regal Power that is truly Mine And as for the Liberty of the People that they now so much seem to startle at know My Lords that no King in the World shall be more careful to maintain them in the Property of their Goods Liberty of their Persons and true Religion than I shall be And now My Lord Keeper do what I have commanded you XXI To the Great Council of Lords at YORK September 24. MDCXL MY Lords Upon sudden Invasions where the dangers are near and instant it hath been the custom of My Predecessors to assemble the Great Council of the Peers by their Advice and Assistance to give a timely remedy to such evils as cannot admit a delay so long as must of necessity be allowed for the assembling the Parliament This being our condition at this time and an Army of Rebels lodged within the Kingdom I thought it most fit to conform My self to the practice of My Predecessors in like cases that with your advice and assistance we might joyntly proceed to the chastisement of their Insolencies and securing of Our good Subjects In the first
doubted not had they had power to recede some of His Reasons would have prevailed with them as He is confident had it been with His two Houses it would have done with them and therefore beseeches them to take the same freedom with His two Houses to press them to a compliance with Him in those things His Conscience is not yet satisfied in which more time may do His Opinion not being like the Laws of the Medes and Persians unalterable or infallible He added His very hearty thanks for the pains they had taken to satisfie Him professing that He wanted Eloquence to commend their Abilities He desired them candidly to represent all the Transactions of this Treaty to His two Houses that they might see Nothing of His Interest how near or dear soever but that wherein His Conscience is unsatisfied can hinder on His part a happy conclusion of this Treaty LVI To the Lords Commissioners at their taking leave NEWPORT Nov. MDCXLVIII MY Lords You are come to take your leave of Me and I believe we shall scarce never see each other again but God's Will be done I thank God I have made my Peace with Him and shall without fear undergo what He shall be pleased to suffer man to do unto Me. My Lords you cannot but know that in My Fall and Ruine you see your own and that also near to you I pray God send you better Friends than I have found I am fully informed of the whole carriage of the Plot against Me and Mine and nothing so much afflicts Me as the sense and feeling I have of the Sufferings of my Subjects and the Miseries that hang over my three Kingdoms drawn upon them by those who upon pretences of Good violently pursue their own Interests and Ends. LVII His MAJESTIE's Speeches to the pretended High Court of Justice with the History of His Tryal Jan. MDCXLVIII IX Westminster-Hall Jan. 20. ON Saturday the twentieth of January afternoon Serjeant John Bradshaw President of the pretended Court with about fifty seven of his fellow-Commissioners came into Westminster-Hall having sixteen men with Partisans and their Officers with a Sword and Mace marching before them thus profaning the Name the Place and the Ensigns of Justice in the perpetration of the most enormous and unexampled Villany And at the West end of the Hall prepared for their purpose Bradshaw seated himself in a Crimson-Velvet Chair in the midst having a Desk with a Crimson-Velvet Cushion before him and at his feet a Table covered with a Turkey Carpet whereon the Sword and Mace were laid the rest were placed on each side upon Benches hung with Scarlet and the Partisans divided themselves on each hand before them Being thus sate and Silence made the great Gate of the Hall was set open and all persons promiscuously let in so that the Hall was presently filled and Silence again ordered Then Colonel Matthew Tomlinson was commanded to bring the Prisoner their King into the Court which he did within a quarter of an hour with about twenty Officers with Partisans marching before Him and others behind Their Serjeant at Arms with his Mace received Him and brought Him to the Bar where a Crimson-Velvet Chair was set His Majesty with an unconcerned Look upon his pretended Judges and the People in the Galleries on each side sate down without taking notice of their Court but presently rose up again and turned about looking down upon the Guards placed on the left side and the multitude of Spectators on the right side of the Hall After Silence made the pretended Act for His Trial was read by their Clerk sitting at the side of the Table where the Sword and Mace lay An Act of Parliament of the House of Commons for Trial of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all evil ways to bring his Design to pass he hath prosecuted it with Fire and Sword levied and maintained a Civil War in the Land against the Parliament and Kingdom whereby this Country hath been miserably wasted the publick Treasure exhausted Trade decaied thousands of People murthered and infinite other mischiefs committed for all which high Offences the said Charles Stuart might long since have been brought to exemplary and condign Punishment Whereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the Distempers of the Kingdom did forbear to proceed judicially against him but found by sad experience that such their Remissenss served only to encourage him and his Complices in the continuance of their evil practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no Chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it Enacted and Ordained by the Commons in this present Parliament assembled and it is hereby Enacted and Ordained that Thomas Lord Fairfax General Oliver Cromwell Lieutenant-General Commissary General Henry Ireton Major General Philip Skippon Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Colonel Richard Ingoldsby Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop Esq William Heveningham Esquire Isaac Pennington Alderman Thomas Atkins Alderman Colonel Rowland Wilson Sir Peter Wentworth Colonel Henry Marten Colonel William Purefoy Colonel Godfrey Bosvile John Trenchard Esquire Colonel Herbert Morley Colonel John Berkstead Colonel Matthew Tomlinson John Blakeston Esq Gilbert Millington Esquire Sir William Constable Colonel Edward Ludlow Colonel John Lambert Colonel John Hutchinson Sir Arthur Hasilrig Sir Michael Livesey Richard Salway Esquire Humphrey Salway Esquire Colonel Robert Tichborne Colonel Owen Roe Colonel Robert Manwaring Colonel Robert Lilborn Colonel Adrian Scroope Colonel Richard Dean Colonel John Okey Colonel Robert Overton Colonel John Harrison Colonel John Disborough Colonel William Goffe Colonel Robert Duckenfield Cornelius Holland Esquire John Carew Esquire Sir William Armyne John Jones Esquire Miles Corbet Esquire Francis Allen Esquire Thomas Lister Esquire Benjamin Weston Esquire Peregrine Pelham Esq John Gourdon Esquire Serjeant Francis Thorp John Nutt Esquire Thomas Chaloner Esq Colonel Algernon Sidney John Anlaby Esquire Colonel John Moore Rich. Darley Esq William Say Esquire John Aldred Esquire John Fagge Esquire James Nelthrop Esquire Sir William Roberts Colonel Francis Lassels Colonel Alexander Rigby Henry Smith
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King Bradshaw Sir you have now spoken KING Yes Sir Bradshaw And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before KING Pray excuse Me Sir for My interruption because you mistake Me. It is not a declining of it you do judge Me before you hear Me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject then the shame is Mine Now I desire that you will take this into your Consideration if you will I will withdraw Bradshaw Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court. Sir you say you do not decline the Jurisdiction of the Court. KING Not in this that I have said Bradshaw I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence It is not as you say That they will not hear their King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any Answer at all Sir this tends to a further Delay Truly Sir such Delays as these neither may the Kingdom nor Justice well bear You have had three several days to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so But Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound to grant But Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes who could not stifle the reluctance of his Conscience when he saw his Majesty press so earnestly for a short hearing but declaring himself unsatisfied forced them to yield to the King's Request KING Shall I withdraw Bradshaw Sir You shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms. The Court gives command that the Prisoner be withdrawn and they give order for his return again Then withdrawing into the Chamber of the Court of Wards their business was not to consider of his Majesties desire but to Chide Downes and with reproaches and threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Armes send for your Prisoner Who being come Bradshaw proceeded Sir you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an Answer before the Court adjourned truly Sir their withdrawing and adjournment was pro forma tantùm for it did not seem to them that there was any difficulty in the thing They have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the supreme Authority of the Commons of England assembled in Parliament the Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further Delay and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice they are good words in the Great old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam there must be no delay But the truth is Sir and so every man here observes it that you have much delayed them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that is their unanimous Resolution KING Sir I know it is in vain for Me to dispute I am no Sceptick for to deny the Power that you have I know that you have Power enough Sir I must confess I think it would have been for the Kingdoms Peace if you would have taken the pains for to have shewn the Lawfulness of your Power For this Delay that I have desired I confess it is a Delay but it is a Delay very important for the Peace of the Kingdom for it is not My Person that I look at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of a hasty Sentence I confess I have been here now I think this Week this day eight dayes was the day I came here first but a little Delay of a day or two further may give Peace whereas a hasty Judgment may bring on that Trouble and perpetual Inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence KING I say this Sir That if you hear Me if you will give
and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgment in the Case as it is set down in the inclosed Paper which will not only gain time but also be of more authority to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the second day of February in the twelfth year of Our Reign 1636. C. R. CHARLES R. WHen the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in His Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as He shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the sole judge both of the Danger and when and how the same is to be prevented and avoided The Answer of the Judges MAY it please Your most Excellent Majesty We have according to Your Majestie 's command severally and every man by himself and all of us together taken into serious consideration the Case and Questions signed by Your Majesty and inclosed in Your Letter And We are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under Your Great Seal of England command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of opinion that in such case Your Majesty is the sole judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkly Francis Crauley Richard Weston His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to dissolve His Fourth Parliament THE King 's most Excellent Majesty well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments are undoubted Prerogatives inseparably annexed to His Imperial Crown of which He is not bound to render any account but to God alone no more than of His other Regal actions Nevertheless His Majesty whose Piety and Goodness have made Him ever so order and govern all things that the clearness and Candor of His Royal heart may appear to all His Subjects especially in those great and publick matters of State that have relation to the weal and safety of His People and the Honour of His Royal Person and Government hath thought fit for avoiding and preventing all sinister constructions and misinter pretations which the Malice of some persons ill-affected to His Crown and Soveraignty hath or may practise to infuse into the minds an ears of His good and faithful Subjects to set down by way of Declaration the true Causes as well of His Assembling as of His Dissolving the late Parliament IT is not unknown to most of His Majestie 's loving Subjects what discouragements He hath formerly had by the undutiful and seditious carriage of divers of the lower House in preceding Assemblies of Parliament enough to have made Him averse to those ancient and accustomed ways of calling His People together when in stead of dutiful expressions towards His Person and Government they vented their own Malice and disaffections to the State and by their subtle and malignant courses endeavoured nothing more than to bring into contempt and disorder all Government and Magistracy Yet His Majesty well considering that but few were guilty of that seditious and undutiful behaviour and hoping that time and experience had made His loving Subjects sensible of the distemper the whole Kingdom was in danger to be put into by the ill-govern'd actions of those men and His Majesty being ever desirous to tread in the steps of His most noble Progenitors was pleased to issue forth His Writs under the great Seal of England for a Parliament to be holden on the thirteenth day of April last At which day His Majesty by the Lord Keeper of His great Seal was graciously pleased to let both Houses of Parliament know how desirous He was that all His people would unite their hearts and affections in the execution of those Counsels that might tend to the Honour of His Majesty the Safety of His Kingdoms and the good and preservation of all His people and withal how confident He was that they would not be failing in their duties and affections to Him and to the publick He laid open to them the manifest and apparent mischiefs threatned to this and all His other Kingdoms by the mutinous and rebellious behaviour of divers of the Scotish nation who had by their examples drawn many of His Subjects there into a course of disloyalty and disobedience not fit for His Majesty in Honour Safety or Wisdom to endure How to strengthen themselves in their disloyal courses they had addrest themselves to forein States and treated with them to deliver themselves up to their protection and defence as was made apparent under the proper hands of the prime Ring-leaders of that Rebellious Faction These courses of theirs tending so much to the ruine and overthrow of this famous Monarchy united by the descent of the Crown of England upon His Majesty and his Father of blessed Memory His Majesty in His great Wisdom and in discharge of the trust reposed in Him by God and by the Fundamental Laws of both Kingdoms for the protection and government of them resolved to suppress and thereby to vindicate that Sovereign power entrusted to Him He had by the last Summers trial found that his Grace and Goodness was abused and that contrary to his expectation and their faithful promises they had since his being at Berwick and the Pacification there made pursued their former rebellious designs and therefore it was necessary now for his Majesty by power to reduce them to the just and modest condition of their Obedience and subjection which whenever they should be brought unto or seeing their own Errors should put themselves into a way of Humility and Obedience becoming them his Majesty should need no other Mediatours for Clemency and Mercy to them than his own Piety and Goodness and the tender affection he hath ever born to that his native Countrey This being of so great weight and consequence to the whole Kingdo
thoughts the matter of His Majestie 's Supply and give Him a speedy answer therein Which their Lordships were confident would be the means to make this a happy Parliament and to avert the publick Calamities that menaced the ruine and overthrow of this famous Monarchy This having been delivered at that Conference in their Lordships names was by His Majesty most gratiously interpreted as the noble testimony of their Lordships affections to His Person and Government for which His Majesty by the Lord Keeper the next day gave their Lordships hearty thanks And withal that nothing on His part might be left undone His Majesty that morning also being Saturday the second of May sent a Message to the House of Commons which was delivered to them in these words That His Majesty hath divers times and by sundry ways acquainted this House with the urgent necessity of Supply and with the great danger inevitably to fall upon the whole State upon His own Honour and the Honour of this Nation if more time shall be lost therein That nevertheless His Majesty hither to hath received no answer at all And therefore considering that as heretofore His Majesty hath told this House that a delay of His Supply is as destructive as a denial His Majesty doth again desire them to give Him a present answer concerning His Supply His Majesty being still resolved on His part to make good whatsoever He hath promised by Himself or the Lord Keeper After which Message delivered unto them they spent from nine in the morning till six a clock at night in many discourses and debates touching their pretended Grievances but never came to any resolution what Supply they would give His Majesty or whether they would give Him any at all but adjourned the farther debate till Monday following At which time because His Majesty had understood the matter of Shipping-money was that which was most insisted upon and that the taking away of that not only for the present but for the future would be pleasing and acceptable unto them His Majesty sent another Message unto them which was before they entred into any debate delivered unto them in these words Whereas upon Saturday last His Majesty was pleased to send a Message to this House desiring you to give a present answer concerning His Supply to which as yet His Majesty hath had no other answer but that upon this day you will take it into further consideration therefore His Majesty the better to facilitate your resolutions this day hath thought fit to let you know That of His grace and favour He is pleased upon your granting of twelve Subsidies to be presently passed and to be paid in three years with a Proviso that it shall not determine the Session His Majesty will not only for the present forbear the levying of any Shipping-money but will give way to the utter abolishing of it by any course that your selves shall like best And for your Grievances His Majesty will according to His Royal Promise give you as much time as may be now and the rest at Michaelmas next And His Majesty expects a present and positive answer upon which He may rely His affairs being in such condition as can endure no longer delay Notwithstanding this gracious Message and all other His Majestie 's former Desires and Promises and the Lords earnest perswasions the House of Commons spent eight or nine hours more in debating the matter of Supply without coming to any resolution at all and so mixed the consideration of that with other matters impertinent and trenching highly to the diminution of His Majestie 's Royal Prerogative that His Majesty plainly discerned they went about to weary and tire Him with delays And though in words some did not deny to supply Him yet in that also most moved to clog the Bill of Subsidies in such sort that His Majesty could not have accepted it without great prejudice to His Prerogative and they were so far from declaring what they would do that they entertained themselves with discourses tending to render odious to His people that gracious Government of His under which all his People have during his happy Reign lived in such Peace and Felicity when all the neighbouring Kingdoms and States were in Troubles and Combustions His Majesty was hereupon enforced by the advice of his Privy Council to resolve to break up and dissolve the Parliament from which he could hope for no other fruit than the hindring of his great Affairs and disordering his happy Government And therefore on Tuesday the fifth of May his Majesty came again in person to the Lords House and sending for the Speaker and the House of Commons when they were come up said thus My LORDS THere can no occasion of My coming to this House be so unpleasing to Me as this is at this time The fear of doing that which I am to do this day made Me not long ago come to this House where I expressed as well My Fears as the Remedies I thought necessary for the eschewing of it Vnto which I must confess and acknowledge that you My Lords of the Higher House did give Me so willing an ear and with such affection did shew your selves thereafter that certainly I may say if there had been any means to have given an happy end to this Parliament you took it so that it was neither your Lordships fault nor Mine that it is not so Therefore in the first place I must give your Lordships thanks for your good Endeavours I hope you remember what My Lord Keeper said to you the first day of the Parliament in My Name what likewise he said in the Banqueting-House in White Hall and what I lately said to you in this place My self I name all this unto you not in doubt that you do not well remember it but to shew you that I never said any thing in way of favour to My people but that by the grace of God I will punctually and really perform it I know that they have insisted very much on Grievances and I will not say but that there may be some though I will confidently affirm that there are not by many degrees so many as the publick voice doth make them Wherefore I desire you to take notice now especially at this time that out of Parliament I shall be as ready if not more willing to hear and redress any just Grievances as in Parliament There is one thing that is much spoken of though not so much insisted on as others and that is Religion concerning which albeit I expressed My self fully the last day in this place to your Lordships yet I think it fit again on this occasion to tell you that as I am most concerned so I shall be most careful to preserve that purity of Religion which I thank God is so well established in the Church of England and that as well out of as in Parliament My Lords I shall not trouble you long with words it being
If the time spent in this Parliament be considered in relation backward to the long growth and deep root of those Grievances which we have removed to the powerful supports of those Delinquents which we have pursued to the great necessities and other charges of the Commonwealth for which we have provided or if it be considered in relation forward to many advantages which not only the present but future ages are like to reap by the good Laws and other proceedings in this Parliament we doubt not but it will be thought by all indifferent judgments that our time hath been much better imployed then in a far greater proportion of time in many former Parliaments put together and the charges which have been laid upon the Subjects and the other inconveniences which they have born will seem very light in respect of the benefit they have and may receive And for the matter of Protections the Parliament is so sensible of it that therein they intend to give them whatsoever ease may stand with Honour and Justice and are in a way of passing a Bill to give them satisfaction They have sought by many subtle practices to cause jealousies and divisions betwixt us and our brethren of Scotland by slandering their proceedings and intentions towards us and by secret endeavours to instigate and incense them and us one against another They have had such a party of Bishops and Popish Lords in the House of Peers as hath caused much opposition and delay in the prosecution of Delinquents hindered the proceedings of divers good Bills passed in the Commons House concerning the reformation of sundry great abuses and corruptions both in Church and State They have laboured to seduce and corrupt some of the Commons House to draw them into Conspiracies and Combinations against the Liberty of the Parliament and by their Instruments and agents they have attempted to disaffect and discontent His Majesties Army and to engage it for the maintenance of their wicked and traiterous designs the keeping up of Bishops in their Votes and Functions and by force to compel the Parliament to order limit and dispose their proceedings in such manner as might best concur with the intentions of this dangerous and potent faction And when one mischievous design and attempt of theirs to bring on the Army against the Parliament and the City of London had been discovered and prevented they presently undertook another of the same damnable nature with this addition to it to endeavour to make the Scotish Army neutral whilst the English Army which they had laboured to corrupt and invenome against us by their false and slanderous suggestions should execute their malice to the subversion of our Religion and the dissolution of our Government Thus they have been continually practising to disturb the Peace and plotting the destruction even of all the Kings dominions and have employed their Emissaries and Agents in them all for the promoting of their devilish designs which the vigilancy of those who were well-affected hath still discovered and defeated before they were ripe for execution in England and Scotland only in Ireland which was farther off they have had time and opportunity to mould and prepare their work and had brought it to that perfection that they had possessed themselves of that whole Kingdom totally subverted the Government of it rooted out Religion and destroyed all the Protestants whom the conscience of their duty to God their King and Countrey would not have permitted to joyn with them if by God's wonderful providence their main enterprise upon the City and Castle of Dublin had not been detected and prevented upon the very Eve before it should have been executed Notwithstanding they have in other parts of that Kingdom broken out into open Rebellion surprized Towns and Castles committed murders rapes and other villanies and shaken off all bonds of Obedience to His Majesty and the Laws of the Realm and in general have kindled such a fire as nothing but God's infinite blessing upon the wisdom and endeavours of this State will be able to quench it And certainly had not God in his great mercy unto this Land discovered and confounded their former designs we had been the Prologue to this Tragedy in Ireland and had by this time been made the lamentable spectacle of misery and confusion And now what hope have we but in God when as the only means of our subsistence and power of Reformation is under Him in the Parliament But what can we the Commons without the conjunction of the House of Lords and what conjunction can we expect there when the Bishops and Recusant Lords are so numerous and prevalent that they are able to cross and interrupt our best endeavours for Reformation and by that means give advantage to this malignant party to traduce our proceedings They infuse into the People that we mean to abolish all Church-government and leave every man to his own fancy for the Service and Worship of God absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiastical Law as well as with the Temporal to regulate all the members of the Church of England by such rules of order and discipline as are established by Parliament which is his great Council in all affairs both of Church and State We confess our intention is and our endeavours have been to reduce within bounds that exorbitant power which the Prelates have assumed unto themselves so contrary both to the Word of God and to the Laws of the Land to which end we past the Bill for the removing them from their Temporal power and employments that so the better they might with meekness apply themselves to the discharge of their functions Which Bill themselves opposed and were the principal instruments of crossing it And we do here declare that it is far from our purpose or desire to let loose the golden reins of Discipline and Government in the Church to leave private persons or particular Congregations to take up what form of Divine Service they please for we hold it requisite that there should be throughout the whole Realm a Conformity to that Order which the Laws enjoyn according to the Word of God and we desire to unburthen the Consciences of men of needless and superstitious Ceremonies suppress innovations and take away the monuments of Idolatry And the better to effect the intended Reformation we desire there may be a general Synod of the most grave pious learned and judicious Divines of this Island assisted with some from foreign parts professing the same Religion with us who may consider of all things necessary for the peace and good Government of the Church and represent the results of their consultations unto the Parliament to be there allowed of and confirmed and receive the stamp of Authority thereby to find passage and obedience throughout the Kingdom They have malitiously charged us that we intend to destroy and discourage
shall not think it below Our Kingly Dignity to descend to any particular which may compose and settle the affections of Our meanest Subjects since We are so conscious to Our Self of such upright Intentions and Endeavours and only of such for which We give God thanks for the Peace and Happiness of Our Kingdom in which the Prosperity of Our Subjects must be included that We wish from Our heart that even Our most secret Thoughts were published to their view and examination Though We must confess We cannot but be very sorry in this conjuncture of time when the unhappiness of this Kingdom is so generally understood abroad there should be such a necessity of publishing so many Particulars from which We pray no Inconveniences may insue that were not intended We shall in few words pass over that part of the Narrative wherein the Misfortunes of this Kingdom from Our first entring to the Crown to the beginning of this Parliament are remembred in so sensible expressions and that other which acknowledgeth the many good Laws passed by Our Grace and Favour this Parliament for the Security of Our People of which we shall only say thus much That as We have not refused to pass any Bill presented to Us by Our Parliament for redress of those Grievances mentioned in the Remonstrance so We have not had a greater Motive for the passing those Laws then Our own resolution grounded upon Our Observation and understanding the state of Our Kingdom to have freed Our Subjects for the future from those Pressures which were grievous to them if those Laws had not been propounded which therefore We shall as inviolably maintain as We look to have Our own Rights preserved not doubting but all Our loving Subjects will look on those Remedies with that full gratitude and affection that even the memory of what they have formerly undergone by the Accidents and necessities of those times will not be unpleasant to them and possibly in a pious sense of God's blessing upon this Nation how little share soever We shall have of the acknowledgment they will confess they have enjoyed a great measure of happiness even these last sixteen years both in Peace and Plenty not only comparatively in respect of their Neighbours but even of those times which were justly accounted Fortunate The Fears and Jealousies which may make some impression in the minds of Our People We will suppose may be of two sorts either for Religion or Liberty and their Civil Interests The Fears for Religion may haply be not only as Ours here established may be invaded by the Romish party but as it is accompanied with some Ceremonies at which some tender Consciences really are or pretend to be scandalized for of any other which have been used without any legal Warrant or Injunction and already are or speedily may be abolished We shall not speak Concerning Religion as there may be any suspicion of favour or inclination to the Papists We are willing to declare to all the world That as We have been from Our Childhood brought up in and practised the Religion now established in this Kingdom so it is well known We have not contented simply with the Principles of Our Education given a good proportion of Our time and pains to the examination of the grounds of this Religion as it is different from that of Rome and are from Our Soul so fully satisfied and assured that it is the most pure and agreeable to the Sacred Word of God of any Religion now practised in the Christian world that as We believe We can maintain the same by unanswerable reasons so We hope We should readily seal to it by the effusion of Our Blood if it pleased God to call Us to that sacrifice And therefore nothing can be so acceptable unto Us as any proposition which may contribute to the advancement of it here or the propogation of it abroad being the only means to draw down a Blessing from God upon Our selves and this Nation And We have been extremely unfortunate if this profession of Ours be wanting to Our People Our constant practice in Our own Person having always been without ostentation as much to the evidence of Our Care and Duty herein as We could possibly tell how to express For differences amongst our selves for matters indifferent in their own nature concerning Religion We shall in tenderness to any number of Our loving Subjects very willingly comply with the advice of Our Parliament that some Law may be made for the exemption of Tender Consciences from punishment or prosecution for such Ceremonies and in such cases which by the judgment of most men are held to be matters indifferent and of some to be absolutely unlawful Provided that this ease be attempted and pursued with that modesty temper and submission that in the mean time the Peace and Quiet of the Kingdom be not disturbed the Decency and comeliness of Gods Service discountenanced nor the pious sober and devout actions of those Reverend Persons who were the first labourers in the blessed Reformation or of that time be scandal'd and defamed For We cannot without grief of heart and without some Tax upon Our Self and Our Ministers for the not execution of Our Laws look upon the bold Licence of some men in printing of Pamphlets in preaching and printing of Sermons so full of bitterness and malice against the present Government against the Laws established so full of Sedition against Our Self and the Peace of the Kingdom that We are many times amazed to consider by what Eyes these things are seen and by what Ears they are heard And therefore We have good cause to command as We have done and hereby do all Our Judges and Ministers of Justice Our Attorney and Sollicitor General and the rest of Our learned Counsel to proceed with all speed against such and their Abettors who either by writing or words have so boldly and maliciously violated the Laws disturbed the peace of the Commonwealth and as much as in them lies shaken the very foundation upon which that Peace and Happiness is founded and constituted And We doubt not but all Our loving Subjects will be very sensible that this busie virulent demeanour is a fit Prologue to nothing but Confusion and if not very seasonably punished and prevented will not only be a blemish to that wholsome Accommodation We intend but an unspeakable scandal and imputation even upon the Profession and Religion of this Our Kingdom of England Concerning the Civil Liberties and Interest of Our Subjects We shall need to say the less having erected so many lasting Monuments of Our Princely and Fatherly care of Our People in those many excellent Laws passed by Us this Parliament which in truth with very much content to Our self We conceive to be so large and ample that very many sober men have very little left to wish for We understood well the Right and pretences of Right We departed from in the consenting to the
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
from which We could never have been secured by declaring That no Member of either House upon any Accusation of Treason could have his Person seized without the Consent of that House of which he is a Member though the known Law be That Privilege of Parliament extends not to Treason and if it did any Member the House being for a short time adjourned and so their Consent not being so had how treasonable soever his Intentions were how clearly soever known and how suddenly soever to be executed must have fair leave given him to go on and pursue them no way how Legal soever after the passing such a Clause being left to prevent it To conclude We conjure you and all men to rest satisfied with the Truth of Our Professions and the Reality of Our Intentions not to ask such things as deny themselves that you declare against Tumults and punish the Authors that you allow Us Our Propriety in Our Towns Arms and Goods and Our share in the Legislative Power which would be counted in Us not only breach of Privilege but Tyranny and Subversion of Parliaments to deny to you And when you shall have given Us satisfaction upon those Persons who have taken away the one and recalled those Declarations particularly that of the 26. of May and those in the point of the Militia Our just Rights wherein We will no more part with then with Our Crown lest We enable others by them to take that from Us which would take away the other and declined the beginnings of a War against Us under pretence of Our Intention of making one against you as We have never opposed the first part of the Thirteenth Demand so We shall be ready to concurre with you in the latter And being then confident that the Credit of those men who desire a general Combustion will be so weakned with you that they will not be able to do this Kingdom any more harm We shall be willing to grant Our general Pardon with such Exceptions as shall be thought fit and shall receive much more joy in the hope of a full and constant Happiness of Our People in the True Religion and under the Protection of the Law by a blessed Union between Us and Our Parliament so much desired by Us then in any such increase of Our own Revenue how much soever beyond former Grants as when Our Subjects were wealthiest Our Parliament could have settled upon Us. His MAJESTIES Declaration made the 13 of June 1642. to the Lords attending his Majesty at York and to others of His Majesties Privy Council there Together with their Promise thereupon subscribed by them Charles R. WE do declare That We will not require nor exact any Obedience from you but what shall be warranted by the known Law of the Land as We do expect that you shall not yield to any Commands not legally grounded or imposed by any other And We do further declare That We will defend every one of you and all such as shall refuse any such Commands whether they proceed from Votes and Orders of both Houses or any other way from all dangers and hazards whatsoever And We do further declare That We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subjects of England and just Privileges of all the three Estates of Parliament and shall require no further Obedience from you then as accordingly We shall perform the same And We do declare That we will not as is falsly pretended engage you or any of you in any War against the Parliament except it be for Our necessary defence and safety against such as do insolently invade or attempt against Us or such as shall adhere to Us. York 13. Junii 1642. The Promise of the said Lords and others WE do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land We do engage our selves to defend Your MAJESTIES Person Crown and Dignity together with Your Majesties Just and Legal Prerogative against all persons and power whatsoever We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subject of England and just Priviledges of Your Majesty and both Your Houses of Parliament And lastly we engage our selves not to obey any Rule Order or Ordinance whatsoever concerning any Militia that hath not the Royal Assent York 13. Junii 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford E. of Lindsey E. of Cumberland E. of Huntington E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devonshire E. of Cambridge E. of Bristol E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Newcastle E. of Dover E. of Carnarvon E. of Newport L. Mowbray and Maltravers L. Willoughby of Eresby L. Rich. L. Ch. Howard of Charleton L. Newark L. Paget L. Chandos L. Falconbridge L. Paulet L. Lovelace L. Savile L. Coventry L. Mohun L. Dunsmore L. Seymour L. Grey of Ruthen L. Capell L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancellor of the Exchequer L. Chief Justice Banks His MAJESTY's Declaration to all His loving Subjects occasioned by a false and scandalous Imputation laid upon His Majesty of an intention of Raising or Levying War against His Parliament and of having raised Force to that end Published at His Court at York the 16 day of June THough We have these last seven months met with so many several Encounters of strange and unusual Declarations under the names of both Our Houses of Parliament that we should not be amazed at any new Prodigy of that kind and though their last of the six and twentieth of May gave Us a fair warning that the Contrivers of it having spent all their stock of bitter and reproachful Language upon Us We were to expect they should now break out into some bold and disloyal Actions against Us and having by that Declaration as far as in them lies divested Us of that Preeminence and Authority which God the Law the Custom and Consent of this Nation had placed in Us and assumed it to themselves that they should likewise with expedition put forth the fruits of that supreme Power for the violating and suppressing that Power they despised an effect of which Resolution of their wild Declaration against Our Proclamation concerning the pretended Ordinance for the Militia and the punishing of the Proclaimers appears to be yet We must confess in their last Attempt We speak of the last We know they may probably since or at this present have outdone that too they have outdone what We conceive was their present intention and whosoever hears of Propositions and Orders for bringing in of Money or Plate to maintain Horse Horsemen and Arms for the preservation of the publick Peace or for the Defence of the King and both Houses of Parliament such is their Declaration or what else
to Our Assistance and that this wicked Charge of intending to introduce Propery Idolatry and Arbitrary Government laid by Implication upon Us because We defend Our Selves and would recover Our own will be so far from being a Motive against Us that this intolerable Indignity and damnable Scandal so daily and visibly confuted by all Our Professions and Actions will encrease Our good Subjects zeal towards Us and their Indignation against the Contrivers and they will esteem themselves obliged by the Religion of Almighty God to oppose this War so impiously so treasonably and so groundlesly made upon Us their King and His Anointed We therefore require all Our Commissioners of Array Sheriffs and all Our other Officers and Ministers to raise all the Power and Forces of their several Counties to assist the Marquess of Hartford the Earl of Northampton the Lord Willoughby of Eresby the Lord Dunsmore the Lord Paulet the Lord Seymour Henry Hastings Esquire Sir John Stawell Sir Ralph Hopton John Digby Esquire and all other in the legal and necessary Execution of Our Commissions of Array and in the raising and conducting of such Horse and Foot as shall be raised by Our Commission and by force of Arms to oppose the Earl of Essex the Lord Say and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses and the Persons of all such Traitors and their Adherents and Accomplices to Arrest and Imprison to the end they may be brought to a fair and legal Tryal by their Peers and according to the law And this We require from them as they tender the Defence of Our Person the true Religion the Law of the Land the Liberty and Property of the Subject and the true and just Privileges of Parliament And for so doing they shall be defended and secured by Us and by the Law with whom and with which We doubt not but Our Subjects will sooner chuse to live and dye than with the Earl of Essex and his Adherents MDCXLII August 9. By the King A Proclamation for the suppressing of the present Rebellion under the Command of Robert Earl of Essex And the gracious offer of His Majesty's free Pardon to him and all such of his Adherents as shall within six days after the date hereof lay down their Arms. WHereas now at the last those Seditious and Traitorous Counsels and Consultations which have been long in design and which long since We foresaw have produced such manifest and open effects of Treason and Rebellion against Us that there are already great numbers of Horse and Foot Raised Arraied Mustered and Trained under pretence of Authority of Our two Houses of Parliament without and against Our Consent in and about Our Cities of London and Westminster in a warlike manner and there are many more in Raising with speed and Robert Earl of Essex by the said pretended Authority without Our Consent hath been nominated to be Captain General of those Troops and Forces and forgetting the Duty and Allegiance which he oweth to Us his Sovereign hath taken upon him and accepted that Title and Command of Captain General and in that quality appeareth amongst the Souldiers animating and encouraging himself and them in these Traitorous and Rebellious Designs and as it is now notoriously known the said Earl and his Adherents intend speedily to march from thence towards the North where We now reside and in a warlike manner to assail and oppose Us and those who shall attend or assist Us under pretence of defending Our Person and the two Houses of Parliament and prepare traitorously to surprise or besiege Our Town of Portsmouth and to possess themselves thereof with force the same being a Town and Port of great importance in the Western parts of this Kingdom and also to surprise or by force to take and possess themselves of all other Castles Forts and places of strength within this Kingdom and all this to strengthen them and their Party in these their Traitorous and Rebellious Designs all which are not now taken up by Us upon Information of others and by Conjecture but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain General over the whole Kingdom of England and Dominion of Wales which in the name of the two Houses of Parliament is granted unto the said Earl but hath indeed been contrived by some few Malignant persons Members of either House whereby they have mentioned to conferr upon him and the said Earl under that colour hath assumed unto himself those Titles and begun to put in execution those Powers and Authorities which are inconsistable with Our Sovereignty all which is so done contrary to all Rules of Religion Laws Allegiance or common Honesty We do now therefore publish and declare by this Our Royal Proclamation That the said publick and notorious Acts and Actions of the said Earl are Acts and Actions of High Treason being a manifest levying of War against his natural Liege Lord and King expresly within the words and meaning of the Statute made in the twenty fifth year of King Edward the Third declaring the same of which in Law there neither is nor can be any doubt and that the said Earl of Essex is a Rebel and Traitour unto Us and to Our Crown and that he and all Colonels Captains and Officers which upon notice hereof shall not immediately quit their Commands under him or any others by the like unlawful and usurped power without and against Us are also guilty of High Treason within that Statute and ought to be adjudged and esteemed and proceeded against as Traitors and Rebels And yet out of Our Grace and Clemency towards such of Our Subjects as have been abused and misled by the said Earl and such others as joyn themselves with him in these desperate Courses and to preserve the Peace of this Kingdom if it be possible and to avoid the shedding of blood We abhorring the name of a Civil War if it can by any good means be avoided do by this Our Royal Proclamation admonish the said Earl and all Our Subjects whom it may concern which are now already joyned or shall joyn themselves to the said Earl in this act of Hostility that forthwith they lay down their Arms as well Horse as Foot and all other preparations for the War and instantly without delay return to their own homes and habitations and there quietly and peaceably imploy and bestow themselves in their proper Vocations and Callings and that hereafter they meddle not or interpose themselves in these or any the like Rebellious and Traitorous Undertakings or Actions Which if the◠do readily and really perform within six days after the date of these presents W◠do hereby promise and undertake in the Word of a King that We will freely extend 〈◊〉 Mercy unto them and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time But if
that no alteration could produce that Happiness they imagined and if their natures were capable of such Trusts to take some of the chief of them so near Us that they might be witnesses of Our Actions and privy to Our Counsels that either Ingenuity or Gratitude might recover them from their desperate Inclinations Hereupon because most of the Grievances of Our People were conceived to proceed from the great liberty of Our Council-board or from some Orders and Directions from them We admitted to Our Privy Council seven or eight of those Lords who were eminently in esteem with Our People for their reputation of Honour and Justice some of whom We knew to be most passionately dis-inclined to the present managery of Civil affairs and to the Government of the Church and hoped that by a free communication of their Doubts Opinions and Counsels they would have received that satisfaction that they would have been excellent Instruments of a blessed Reformation and Confirmation in Church and State Having begun with this foundation of Confidence in Our Court by electing such Persons We made the same hast to apply particular Remedies to the visible known Diseases resolving those Remedies should be proportioned to the Counsel and Desires of both Houses which We thought the surest way to win at least a major part to the confession and acknowledgment of Our Justice and Affection The Star-Chamber had in the excess of Jurisdiction or tediousness and charge of Proceedings or measure and severity of Punishment invaded the Laws of the Land and Liberty of the Subject by the exercise of an Arbitrary Power We pressed not the Reformation of this Court though erected or setled by Act of Parliament in a wise time but at the instance of both Houses consented to the Abolition of it The High Commission Court had proceded with too much strictness in many cases where the Tender Consciences of many of Our weak Subjects were concerned and had so far out-grown the power of the Law that it would not be limited and guided by it but censured fined and imprisoned Our People for matters unpunishable by the Law We pressed not the Review of that Statute by which that Court was erected that such power might be qualified and provisions altered as had been grievous to the Subject nor desired that any other care might be taken for the upholding the Ecclesiastical Discipline than what the wisdom and piety of both Houses should think necessary but in compliance to the sufferings of Our People and the desires of both Houses consented to the Repeal of that branch of that Statute The Writs for Ship-mony whereby several summs of mony had been received from Our good Subjects for defence and safeguard of the Kingdom had lain heavy upon Our People yet were judged to be Legal Both Our Houses of Parliament declared that the grounds and reasons of that Judgment being That when the good and safety of the Kingdom in general is concerned and that the whole Kingdom is in Danger We might compel our Subjects to provide Ships Men and Victuals for the defence and safeguard of the Kingdom and that We were the sole Judge of that Danger and how the same might be prevented were contrary to and against the Laws and Statutes of this Realm the Property and Liberty of the Subject and to the Petition of Right without disputing our Right We were contented that all the proceedings in that business should be adjudged void and disannulled and the Judgments Enrolments and Entries thereupon should be vacated and cancelled in such manner as was desired Under colour of executing the Forrest-Laws and of keeping the Justice in Eyres Seat very many Persons had been grieved and vexed by Presentments Fines Judgments and Imprisonments the Meets Limits and Bounds of Forrests extended and some endeavours been made to set on foot Forrests where in truth none had been We no sooner received complaint of this but We passed an Act for the certainty of the Meets Limits and Bounds of all the Forrests in England with such further Provisions for the ease of Our Subjects as were desired at Our hands If by the negligence or wilfulness of persons trusted by Us any Grievance or inconvenience had been contracted in any part of Our Kingdom which seemed not to have so general an influence upon the whole upon the first clear Information We did Our part for the easing of them and therefore We passed for the benefit of Our good Subjects of Devon and Cornwall an Act against divers Incroachments and Oppressions in the Stannary-Courts And We were so confident this way to win the Hearts and Affections of all Our good Subjects and that both Our Houses of Parliament would at last find a time to give too that We made their Asking the only Rule to Our Grants and parted with any thing they desired Us to relinquish So in the Preamble to the Bill of Tonnage and Poundage We parted with Our Title of Imposing a Power adjudged good and exercised by Our Ancestors and though disputed never resolved against by Judgment in Parliament So in the Act for regulating the Office of Clark of the Marker because the undue execution thereof had been grievous to many of Our loving Subjects We consented that no Clark of the Market of Our House shall hereafter execute His Office in any part of Our Kingdom but only within the verge of Our Court and granted the Execution of that Office to the Mayors and Bayliffs of Towns Corporate and to the Lords of Liberties and Franchises and to their Deputies So because about the beginning of Our Reign several Writs had issued out of Our Court of Chancery in the business of Knighthood and been transmitted with their Returns into Our Court of Exchequer where the proceedings were not fit and warrantable We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood absolutely to part with and discharge a Right and Duty as unquestionably due to Us by the Law as any Service We can challenge So which is the highest instance of Trust that ever King gave His Subjects upon Information that Credit could not be obtained for so much Mony as was requisite for the relief of Our Army and People in the Northern parts for preventing the imminent Danger the Kingdom was in and for supply of Our present and urgent Occasions for fear the Parliament might be dissolved before Justice should be done upon Delinquents publick Grievances be redressed a firm Peace between the two Nations of England and Scotland concluded and before provision should be made for the repayment of such Monies as should be so raised though We knew what power We parted from and trusted Our Houses with by so doing and what might be the Consequence of such a Trust if unfaithfully managed We neglected all such suspicions which all Men now see deserved not to be slighted and We willingly and immediately passed that Act for the continuance of this
Parishes first by special Letters and earnest Sollicitations from the prime Leaders of this turbulent Faction after by Orders requiring such Ministers as would not accept their Recommendations to attend and shew cause All licence was given to those leud Seditious Pamphlets which despised the Government both of the Church and State which laid any Imputations and Scorns upon Our Person or Office and which filled the ears of all Our good Subjects with Lyes and monstrous Discourses to make them believe all the ill of the Government and Governors of Church and State Books against the Book of Common-Prayer and the established Laws of the Land suffered without reprehension to be dedicated to both Houses of Parliament whatsoever the Rancour and Venome of any Infamous person could digest published without control and nothing discountenanced and reproached but a dutiful regard of Us and Our Honour and a sober esteem and application to the Laws of the Kingdom This was the condition We found at our return from Scotland besides a strange groundless apprehension of Danger infused generally into the minds of Our good Subjects as if some notable Design were in hand against the Parliament against the City of London against the whole Kingdom of England There fell out an Accident whilest We were in Scotland concerning the Marquesses of Hamilton and Argile Those two Lords upon some information given to them that their Persons were in danger upon a sudden withdrew themselves from the Parliament in Scotland and for some few days removed out of Edenburgh Whatever they had been informed and what ever they suspected the Grounds of both were very fully examined by the Parliament there their Persons being of that quality and estimation in that Kingdom that they were sure of Justice Upon the whole themselves and the Parliament were satisfied that the Information first given to them could not be made good to the proof of any Design to the Danger of these Lords and the Examinations of the whole matter sent by Our direction to Our Parliament here How if all had been true that was imagined this business could so highly and nearly concern the Peace of this Kingdom and the present Safety of both Our Houses of Parliament We cannot imagine Yet upon the first report of it here which was the day before the first Meeting after the Recess without staying to hear the opinion of Our Parliament there who used all diligence in the examination or of Our Parliament here such strange Glosses and Interpretations were made upon that accident not without reflection upon Us and Our Honour as if at the same time there had been such a Design to have been executed here as they had fancied to themselves that to be and a sudden resolution was taken first by the Committee during the Recess after by the Houses to have a Guard for the defence of London Westminster and both Our Houses of Parliament which must needs make a great impression in the minds of Our good Subjects in a time when they were newly freed from the fears of two Armies to be awaked with the apprehension of Dangers of which seeing no ground they were to expect no end Matters being thus stated and all possible skill being used by that Faction and by their Emissaries of the Clergy who at the same time such Clamour was raised of the unlawfulness that the Clergy should meddle in Temporal Affairs were their chief Agents to derive their Seditious directions to the People and were all the week attending the doors of both Houses to be imployed in those errands to infuse the most desperate Fears into the minds of all Men that could be imagined To be sure that the memory of former bitterness might not depart they provide for Our Entertainment against We should come to London to present Us with a Remonstrance as they called it of the State of the Kingdom laying before Us and publishing to all the world all the mistakes and all the misfortunes which had happened from Our first coming to the Crown and before to that hour forgetting the blessed condition notwithstanding the unhappy mixture all Our Subjects had enjoyed in the benefit of Peace and Plenty under Us to the envy of Christendom objecting to Us the Actions of some and the thoughts of others and reproaching Us with matters which indeed never entred into Our thoughts nor to Our knowledge into the thoughts of any other reviling Us to the People and complaining to Us of the House of Peers whose Authority Interest and Privilege was then as much slighted and despised as Ours is since and easily passing over those singular Acts of Our Grace passed by Us this Parliament or ascribing them to their own wisdom in the procurement they concluded against a Malignant Party and that they had no hope of settling the Distractions of the Kingdom for want of concurrence with the House of Peers and that concurrence was desperate by reason of the Prevalency of the Bishops and of the Recusant Lords into which number all those Lords were cast who presumed to dissent from any Propositions made by the House of Commons When this Engine was prepared for the People by the prime Leaders of that desperate Faction it was presented to the House of Commons and the greatest industry and skill used that is imaginable by private Sollicitations Threats and Promises to procure consent that it might be passed by that House and after a long debate longer than ever was known in Parliament till three of the clock in the morning from ten the day before when very many through weariness and weakness were forced to leave the House so that it looked as was well said like the Verdict of the Starved Jury they carryed it by eleven Voices And shortly within very few days after Our return when We had been received with all possible expressions of Joy by Our City of London which was publickly murmured against and the chief advancers of that Duty and Affection discountenanced as if they envied Us the Loyalty of Our People and when it was publickly said in Our House of Commons upon some dispute of a pretended breach of the Orders of the House That their Discipline ought to be severe for the Enemy was in view that Remonstrance was presented to Us at Our Court at Hampton-Court by some Members of the House of Commons with a Petition contracting the sharp Language in the Remonstrance into less room amongst other things That We would concurr with Our People for depriving the Bishops of their Votes in Parliament for which there was no Bill passed both Houses and to employ such Persons about Us as Our Parliament might confide in We received this strange Petition and stranger Remonstrance graciously from the hands of the Presenters promised them an Answer and in the mean time desired that the Remonstrance might not be published to the People the thing it self and the printing any thing of the like nature being never heard of by the
taken all possible pains to destroy King and People or such whom they shall recommend to succeed that the same Faction may be carried through the whole Kingdom which these Men have raised in both Houses of Parliament that all Affairs of the Kingdom be managed not only by their Advice but their absolute Direction and Command lest any Man should think himself Our Servant that the Education and Marriage of Our Children be committed to them lest any Christian Prince should make addresses to Us in such Treaties in a word that in gratitude to their Modesty and Duty for not deposing Us We will not now depose Our Self and suffer the People and Kingdom which God and the Law hath committed to Our Government and Protection and for which We must make an account to be devoured by them Sure these Men think 't is no affront to ask any thing But can Our good Subjects be longer kept in this Trance Can the Nobility Gentry Clergy Commonalty of England sacrifice their Honour Interest Religion Liberty to Terms and the meer sound of Parliament and Privilege Can their Experience Reason and Understanding be captivated by words and assumptions contradictory to all Principles What one thing have We denied that with reference to the publick Peace and Happiness were to be bought with the loss of the meanest Subject And yet into what a Sea of blood is the rage and fury of these Men launching out to wrest that from Us which We are bound if We had a thousand lives to lose in the contention to defend Nay what one thing is there that makes life precious to good Men which We do not defend and these Men oppose and would evidently destroy What Grievance or Pressure have Our People complained of and been eased by Us whch is not now brought upon them in an unlimited degree Is the true Reformed Protestant Religion sealed by the blood of so many Reverend Martyrs and established by the Wisdom and Piety of former blessed Parliaments dear to them We must appeal to all the world being called upon by the Reproaches of these men whether Our own practice the best evidence of Religion and all the assistance and offers We can give have been wanting to the Advancement of that Religion And what can be more done by Us to satisfie and secure Our People in that point On the other side let all Our good Subjects consider and weigh what pregnant Arguments they have to fear Innovation in Religion if these desperate persons prevail when the principal Men to whose care and authority they have committed the managery of that part refuse Communion with the Church of England as much as the Papists do and have not only with that freedom they think fit to use reproached the Book of Common-Prayer and the Government of the Church in their Speeches but have published those Speeches in the view of all Men in Print that the World might see by what Measure and Rule the Reformation they so much talk of is to be made when such Petitions have been contrived by them and accepted with publick thanks which revile the Book of Common-Prayer calling it a Mass-book in scorn and contempt of the Law whilest other Petitions for the Government established by Law have been rejected discountenanced and the Petitioners punished and when two Armies were kept in the bowels of the Kingdom ten weeks at the charge of fourscore thousand pounds a Month for the countenance of a Bill to eradicate Episcopacy Root and Branch when such licence is given to Brownists Anabaptists and Sectaries and whilst Coachmen Felt-makers and such Mechanick persons are allowed and entertained to preach by those who think themselves the principal Members of either House when such barbarous Outrages in Churches and heathenish Irreverence and Uproars even in the time of Divine Service and the Administration of the blessed Sacrament are practised without control when the blessed means of advancing Religion the Preaching of the Word of God is turned into a licence of Libelling and Reviling both Church and State and venting such Seditious Positions as by the Laws of the Land are no less than Treason and scarce a Man in Reputation and Credit with these grand Reformers who is not notoriously guilty of this whilest those Learned Reverend Painful and Pious Preachers who have been and are the most eminent and able Assertors of the Protestant Religion are to the unspeakable joy of the Adversaries to Our Religion disregarded and oppressed lastly when for the settling and composing all these Distractions and Distempers instead of a free and general Synod of Grave and Learned Divines which hath been so much talked of and to whose deliberations We were and are willing to commit the Consideration of those Affairs a Conference is desired with particular Men nominated by themselves contrary to the Rights and Practice of the Church the major part of whom though We confess there are many Reverend Learned and Pious persons amongst them are not of Learning nor Understanding sutable to so great a Work or are of known avowed Disaffection to the Doctrine and Discipline of the Church and of those who have preached Seditiously and Treasonably against Our Person and Authority as Doctor Downing and others Whoever from his Soul desires a true Examination and Reformation in Religion cannot expect it from the results of these Mens Counsels nor think the true service of God is like to be advanced or preserved by such practices And all sober Men must look with strange Horrour and Indignation upon the last Declaration of the Lords and Commons which after such unprecedented Outrages and Violences against Us publishes the ground of their taking up defensive Arms as they call them to be for the maintetenance of the true Religion the taking and keeping of Hull Our Navy Our Money and Goods the exercising of the Militia and all the other Injuries We complain of to be for the maintenance of Religion But whosoever believes them to be for the preservation of Our Person may believe the other too Would Men enjoy the Laws they were born to the Liberty and Property which makes the Subjection of this Nation famous and honourable with all neighbouring Kingdoms We have done Our part to make a Wall of Brass for the perpetual defence of them whilest these ill Men usurp a Power to undermine that Wall and to shake those Foundations which cannot be pulled down but to the confusion of Law Liberty Property and the very Life and Being of Our Subjects Is the Dignity Privilege and Freedom of Parliament Parliaments whose Wisdom and Gravity have prepared so many wholsome Laws and whose Freedom distinguishes the Condition of Our Subjects from those of any Monarchy in Europe precious unto Our People Where was that Freedom and that Privilege when the House of Commons presumed to make Laws without the House of Peers as they did in their Vote upon the Protestation and of the 9th of September when the House
do most concern Our Rights Our Quarrel is not against the Parliament but against particular Men who first made the Wounds and will not now suffer them to be healed but make them deeper and wider by contriving fostering and fomenting Mistakes and Jealousies betwixt Body and Head Us and Our two Houses of Parliament whom We name are ready to prove them guilty of High Treason We desire that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hampden Sir Arthur Hesilrigge Mr. Stroud Mr. Martin Sir Henry Ludlow Alderman Pennington and Captain Venn may be delivered into the hands of Justice to be tried by their Peers according to the known Law of the Land if we do not prove them guilty of High Treason they will be acquitted and their Innocence will justly triumph over Us. Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Serjeant Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance We shall cause Indictments to be drawn of High Treason upon the Statute of the 25. year of King Edward the Third Let them submit to the Trial appointed by Law and plead their Ordinances if they shall be acquitted We have done And that all Our loving Subjects may know that in truth nothing but the preservation of the true Protestant Religion invaded by Brownisme Anabaptisme and Libertinisme the Safety of Our Person threatned and conspired against by Rebellion and Treason the Law of the Land and Liberty of the Subject oppressed and almost destroyed by an Usurped Unlimited Arbitrary Power and the Freedom Priviledge and Dignity of Parliament awed and insulted upon by Force and Tumults could make us put off Our long-loved Robe of Peace and take up defensive Arms We once more offer a free and a gracious Pardon to all Our loving Subjects who shall desire the same except the persons before named and shall be as glad with Safety and Honour to lay down these Arms as of the greatest Blessing We are capable of in this World But if to justify these Actions and these Persons our Subjects shall think fit to engage themselves in a War against Us We must not look upon it as an Act of Our Parliament but as a Rebellion against Us and the Law in the behalf of these Men and shall proceed for the suppressing it with the same Conscience and Courage as We would meet an Army of Rebels who endeavour to destroy both King and People And We will never doubt to find honest Men enough of Our minds MDCXLI April ¶ The true Copy of the Petition prepared by the Officers of the late Army and subscribed by His Majesty with C. R. To the KING' 's most Excellent Majesty the Lords Spiritual and Temporal the Knights Citizens and Burgesses now assembled in the High Court of Parliament The Humble Petition of the Officers and Souldiers of the Army Humbly sheweth THat although our Wants have been very pressing and the Burthen we are become unto these parts by reason of those Wants very grievous unto us yet so have we demeaned our selves that Your Majesty's great and weighty Affairs in this present Parliament have hitherto received no interruption by any Complaint either from us or against us A temper not usual in Armies especially in one destitute not only of Pay but also of Martial Discipline and many of its principal Officers That we cannot but attribute it to a particular blessing of Almighty God on our most hearty affection and zeal to the Common good in the happy success of this Parliament to which as we should have been ready hourly to contribute our dearest blood so now that it hath pleased God to manifest his blessing so manifestly therein we cannot but acknowledge it with thankfulness We cannot but acknowledge his great Mercy in that he hath inclined Your Majesties Royal heart so to co-operate with the wisdom of the Parliament as to effect so great and happy a Reformation upon the former Distempers of this Church and Commonwealth As first in Your Majesties gracious condescending to the many important Demands of our neighbours of the Scotish Nation secondly in granting so free a course of Justice against all Delinquents of what quality soever thirdly in the removal of all those Grievances wherewith the Subjects did conceive either their Liberty of Persons Propriety of Estate or Freedom of Conscience prejudiced and lastly in the greatest pledge of security that ever the Subjects of England received from their Soveraign the Bill of Triennial Parliaments These things so graciously accorded unto by Your Majesty without bargain or compensation as they are more than expectation or hope could extend unto so now certainly they are such as all Loyal hearts ought to requiesce in with thankfulness which we do with all humility and do at this time with as much earnestness as any pray and wish that the Kingdom may be settled in peace and quietness and that all Men may at their own homes enjoy the blessed fruits of Your Wisdom and Justice But may it please Your Excellent Majesty and this High Court of Parliament to give us leave with grief and anguish of heart to represent unto You that We hear that there are certain persons stirring and practical who in stead of rendring Glory to God Thanks to his Majesty and acknowledgment to the Parliament remain yet as unsatisfied and mutinous as ever who whilest all the rest of the Kingdom are arrived even beyond their wishes are daily forging new and unseasonable demands who whilest all Men of Reason Loyalty and Moderation are thinking how they may provide for your Majesties Honour and Plenty in return of so many Graces to the Subject they are still attempting new Diminutions of Your Majesty's just Regalities which must ever be no less dear to all honest Men than our own Freedoms in fine Men of such turbulent Spirits as are ready to sacrifice the Honour and Welfare of the whole Kingdom to their private fancies whom nothing else than a subversion of the whole frame of Government will satisfie Far be it from our thoughts to believe that the Violence and Vnreasonableness of such kind of persons can have any influence upon the Prudence and Justice of the Parliament But that which begets the trouble and disquiet of Our Loyal hearts at this present is That we hear those ill-affected persons are backed in their Violence by the Multitude and the power of raising Tumults that thousands flock at their call and beset the Parliament and White-Hall it self not only to the prejudice of that freedom which is necessary to great Councils and Judicatories but possibly to some personal danger of Your Sacred Majesty and Peers The vast consequence of these Persons Malignity and of the Licentiousness of those Multitudes that follow them considered in most deep care and zealous affection for the safety of Your Sacred Majesty and the Parliament Our Humble Petition is that in Your
their Actions are declared Treasonable and their Persons Traitors and thereupon Your Majesty hath set up Your Standard against them whereby You have put the two Houses of Parliament and in them this whole Kingdom out of Your Protection so that until Your Majesty shall recall those Proclamations and Declarations whereby the Earl of Essex and both Houses of Parliament and their Adherents and Assistants and such as have obeyed and executed their Commands and Directions according to their Duties are declared Traitors or otherwise Delinquents and untill the Standard set up in pursuance of the said Proclamations be taken down Your Majesty hath put us into such a condition that whilest we so remain we cannot by the fundamental Priviledges of Parliament the publick Trust reposed in us or with the general good and safety of this Kingdom give Your Majesty any other Answer to this Message Joh. Brown Cler. Parliament H. Elsinge Cler. Parl. D. Com. This strange Answer might well have discouraged Us from any thought of proceeding further this way and informed Us sufficiently what spirit still governed amongst those few who continued still in both Houses otherwise after so many bitter and invective Messages and Declarations sent to Us and published against Us We should not have been reproached with Our Proclamations and Declarations set forth by Us as the effect of such evil Counsel as was unparallel'd by any former Examples We believe indeed such Proclamations and Declarations have never been before set forth but were former times ever acquainted with such intolerable Provocations Were there ever before these twelve months Declarations published in the name of eitheir or both Houses of Parliament to make their King odious to the People Have either or both Houses ever before assumed or pretended to a Power to raise Armes or levy War in any Cause or can both Houses together exercise such a Power Are those Actions which the Law hath defined literally and expresly to be Treasonable or such Persons to be Traitors not so because they are done by Members of either House or their appointment And must not We declare such who March with Arms and Force to destroy Us to be Traitors because the Earl of Essex is their General Those whom We have or do accuse We have named together with their Crimes notorious by the known Law of the Land a favour not granted to Our Evil Counsellors and appeal to that known Law to judge between Us And now that by this We should have put the whole Kingdom out of Our Protection in whose behalf We do all that We have done is a corrupt Gloss upon such a Text as cannot be perverted but by the cunning practices of such who wish not well to King or People Yet that no weak persons might be misled by that Imputation upon Us we sent a Reply to that Answer in these words WE will not repeat what means We have used to prevent the dangerous and distracted estate of the Kingdom nor how those means have been interpreted because being desirous to avoid effusion of blood We are willing to decline all memory of former bitterness that might make Our offer of a Treaty less readily accepted We never did declare nor ever intended to declare both Our Houses of Parliament Traitors or set up Our Standard against them and much less to put them and this Kingdom out of Our Protection We utterly profess against it before God and the World And further to remove all possible Scruples which may hinder the Treaty so much desired by Vs We hereby promise so that a day be appointed by you for the revoking of your Declarations against all Persons as Traitors or otherways for assisting of Vs We shall with all chearfulness upon the same day recall Our Proclamations and Declarations and take down Our Standard In which Treaty We shall be read to grant any thing that shall be really for the good of Our Subjects Conjuring you to consider the bleeding condition of Ireland and the dangerous condition of England in as high a degree as by these Our Offers We have declared Our Self to do and assuring you that Our chief desire in this World is to beget a good understanding and mutual confidence betwixt Vs and Our two Houses of Parliament This Message produced an Answer little differing from the former like Men who had no other measure of the justice of their Cause than their Power to oppress Us forgetting their own Duties they sharply inform Us of Ours in these words May it please Your Majesty IF we the Lords and Commons in Parliament assembled should repeat all the ways we have taken the endeavours we have used and the expressions we have made unto Your Majesty to prevent those Distractions and Dangers Your Majesty speaks of likely to fall upon this Kingdom we should too much enlarge this Reply Therefore as we humbly so shall we only let your Majesty know that we cannot recede from our former Answer for the reasons therein expressed for that Your Majesty hath not taken down Your Standard recalled Your Proclamations and Declarations whereby You have declared the Actions of both Houses of Parliament to be Treasonable and their Persons Traitors And You have published the same since Your Message of the 25th of August by Your late Instructions sent to Your Commissioners of Array Which Standard being taking down and the Declarations Proclamations and Instructions recalled if Your Majesty shall then upon this our humble Petition leaving Your Forces return unto Your Parliament and receive their faithful Advice Your Majesty will find such expressions of our Fidelities and Duties as shall assure You that Your Safety Honour and Greatness can only be found in the affections of Your People and the sincere Counsels of Your Parliament whose constant and undiscouraged Endeavours and Consultations have passed through Difficulties unheard-of only to secure Your Kingdoms from the violent Mischiefs and Dangers now ready to fall upon them and every part of them who deserve better of Your Majesty and can never allow themselves representing likewise Your whole Kingdom to be balanced with those Persons whose desperate Dispositions and Counsels prevail still so to interrupt all our endeavours for the relieving of bleeding Ireland as we may fear our labours and vast expences will be fruitless to that distressed Kingdom As Your Presence is thus humbly desired by us so is it in our hopes Your Majesty will in your reason believe there is no other way than this to make Your Self happy and Your Kingdom safe John Brown Cler. Parliament Without any bitterness or reprehension of their neglect of Us and the publick Peace to express Our deep sense of the Calamities at hand We yet once more hoping to awake them to a Christian tenderness towards the whole Kingdom sent to them in these words WHo have taken most ways used most endeavours and made most real expressions to prevent the present Distractions and Dangers let all the World
Miseries and the general Calamities of this Kingdom which must if this War continue speedily overwhelm this whole Nation take no Advantage of it But if you shall really pursue what you presented to Us at Colebrook We shall make good all that We then gave you in Answer to it whereby the hearts of Our distressed Subjects may be raised with the Hopes of Peace without which Religion the Laws and Liberties can no ways be settled and secured Touching the late and sad Accident you mention if you thereby intend that of Brainceford We desire you once to deal ingenuously with the People and to let them see Our last Message to you and Our Declaration to them concerning the same both which We sent to Our Press at London but were taken away from Our Messenger and not suffered to be published and then We doubt not but they will be soon undeceived and easily find out those Counsels which do rather perswade a desperate Division than a good Agreement betwixt Us Our two Houses and People MDCXLII III. The Proceedings in the late Treaty of Peace Together with several Letters of His MAJESTY to the Queen and of Prince Rupert to the Earl of Northampton which were intercepted and brought up to the Parliament With a Declaration of the Lords and Commons upon those Proceedings and Letters The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto His Majesty Feb. 1. 1642. WE Your Majesty's most humble and faithful Subjects the Lords and Commons in Parliament assembled having in our thoughts the Glory of God Your Majesty's Honour and the Prosperity of Your People and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your two Kingdoms of England and Ireland since Your Majesty hath by the perswasion of evil Counsellors withdrawn Your Self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Armes for the defence of our Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety which Fears and Dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earl of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great Forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of Your People much innocent blood hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous Design of rooting out the Reformed Religion and destroying the professors thereof in the tender sense and compassion of these evils under which Your People and Kingdom lie according to the duty which we owe to God Your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great Distempers and Distractions for the preventing of that Desolation which doth threaten all Your Majesties Dominions And as we have rendred and still are ready to render to Your Majesty that Subjection Obedience and Service which we owe unto You so we most humbly beseech Your Majesty to remove the Cause of this War and to vouchsafe us that Peace and Protection which we and our Ancestors have formerly enjoyed under Your Majesty and Your Royal Predecessors and graciously to accept and grant these most humble Desires and Propositions I. That Your Majesty will be pleased to disband Your Armies as we likewise shall be ready to disband all those Forces which we have raised and that You will be pleased to return to your Parliament II. That You will leave Delinquents to a Legal Trial and Judgement of Parliament III. That the Papists may not only be disbanded but disarmed according to Law IV. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away Superstitious Innovations to the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans and Chapters Archdeacons Canons and Prebendaries and all Chanters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England to the Bill against Scandalous Ministers to the Bill against Pluralities and to the Bill for Consultation to be had with godly religious and learned Divines That Your Majesty will be pleased to promise to pass such other good Bills for settling of Church-Government as upon consultation with the Assembly of the said Divines shall be resolved on by both Houses of Parliament and by them be presented to your Majesty V. That Your Majesty having exprest in Your Answer to the Nineteen Propositions of both Houses of Parliament a hearty affection and Intentions for the rooting out of Popery out of this Kingdom and that if both the Houses of Parliament can yet find a more effectual course to disable Jesuits Priests and Popish Recusants from disturbing the State or eluding the Laws that You would willingly give Your Consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants that an Oath may be established by Act of Parliament to be administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy the doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refusing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction in Law of Recusancy And that Your Majesty will be graciously pleased to give Your Royal Assent unto a Bill for the Education of the Children of Papists by Protestants in the Protestant Religion That for the more effectual execution of the Laws against Popish Recusants Your Majesty would be pleased to consent to a Bill for the true levying of the Penalties against them and that the same Penalty may be levyed and disposed of in such manner as both Houses of Parliament shall agree on so as Your Majesty be at no loss and likewise to a Bill whereby the practice of Papists against the State may be prevented and the Laws against them duly executed VI. That the Earl of Bristol may be removed from Your Majesty's Counsels and that both he and the Lord Herbert eldest Son to the Earl of Worcester may likewise be restrained from coming within the verge of the Court and that they may not bear any Office or have any imployments concerning the State or Commonwealth VII That Your Majesty will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdom in such a manner as shall be agreed on by both Houses VIII That Your Majesty will be pleased
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His Majesty in the name of both Houses that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Domiion of Wales and in Cornwal and Devon and they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
of Power as a security to enable Him to keep His Forts when He hath them than they to make any difficulty to restore them to Him in the same condition they were before But as His Majesty contents Himself with so He takes God to witness His greatest desire is always to observe and maintain the Law of the Land and expects the same from His Subjects and believes the mutual observance of that Rule and neither of them to fear what the Law fears not to be on both parts a better Cure for that dangerous Disease of Fears and Jealousies and a better means to establish a happy and perpetual Peace than for His Majesty to devest Himself of those Trusts which the Law of the Land hath settled in the Crown alone to preserve the Power and Dignity of the Prince for the better Protection of the Subject and of the Law and to avoid those dangerous Distractions which the interest of any Sharers with Him would have infallibly produced Falkland The Papers concerning the Ships March 27. 1643. TO that part of Your Majesty's first Proposition which concerns Your Ships we humbly give this Answer That the Ships shall be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all supplys to be carried to the Rebels and shall use his utmost endeavour to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seize all Arms and Ammunition provided for supply of any such Forces Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke March 28. 1643. HIS Majesty expects that His own Ships be forthwith delivered to Him as by the Law they ought to be And when He shall please to nominate a Lord High-Admiral of England it shall be such a Noble person against whom no just Exception can be made and if any shall be His Majesty will always leave him to his due tryal and examination and grant his Office to him by such Letters Patents as have been used In the mean time His Majesty will govern the said Admiralty by Commission as in all times hath been accustomed And whatever Ships shall be set forth by His Majesty or His Authority shall be imployed for the defence of the Kingdom against all Forein Forces whatsoever for the safeguard of Merchants securing of Trade guarding of Ireland and the intercepting of all Supplys to be carried to the Rebels and shall use their utmost endeavours to suppress all Forces which shall be raised by any Person whatsoever against the Laws and Statutes of the Kingdom and to seize all Arms and Ammunition provided for the supply of any such Forces Falkland March 29. 1643. WE humbly desire Your Majesty would be pleased to give a more full Answer to the Clause for the Ships to be delivered into the charge of such a Noble person as Your Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patents quamdiu se bene gesserit And to that Clause to suppress all Forces which shall be raised by any person without Your Majesty's Authority and Consent of the Lords and Commons in Parliament Whereunto if Your Majesty shall be pleased to give Your Assent we conceive we are then directed by our Instructions humbly to desire Your Majesty to nominate such a Noble person to be Lord High-Admiral of England that we may forthwith certifie both Houses of Parliament that thereupon they may express their confidence in that Person or humbly beseech Your Majesty to name another and that in case such Noble person who shall be appointed to be Lord High-Admiral of England shall be removed or shall dye within the space of three years next ensuing that the Person to be put in the same Office shall be such as both Houses shall confide in Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives His former Answer of the 28. of March concerning His Ships to be so full that He can add nothing thereunto in any part of it His Majesty conceiving it all the Justice in the world for Him to insist that what is by Law His own and hath been contrary to Law taken from Him be fully restored unto Him without conditioning to impose any new limitation upon His Majesty or His Ministers which were not formerly required from them by Law and thinking it most unreasonable to be prest to diminish His own just Rights Himself because others have violated and usurped them Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon the desires of both Houses expressed in our former Papers concerning the Ships And both Houses of Parliament do observe in Your Majesties Answer not only a Denial to all their Desires but likewise a Censure upon their Proceedings Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 14. 1643. HIS Majesty for the present forbears any farther Answer touching His Ships desiring first to receive the Answer of both Houses to His Message of the twelfth of this month But His Majesty will howsoever before their departure hence give them a further Answer Falkland April 15. 1643. HIS Majesty gave so clear a Reason to justifie what He insisted upon in the point of the Ships that He cannot but wonder to see the same again prest to Him and yet both the Reason He gave left unanswered and no other Reason opposed to weight against it His Majesty's end in this was not to lay any Censure upon their Proceedings but it being necessary to the matter in question for His Majesty to say what had been done and the matter of fact being such as it seems could not be repeated but it must appear to be censured His Majesty did not think Himself bound to be so tender of seeming to censure their Proceedings as by waving His own true reasonable Justifications to leave His own naked and exposed to a general Censure And His Majesty hopes that since they esteem His saying that they have taken His Ships from Him contrary to Law to be a Censure they will either produce that Law by which they took them or free themselves from so just and unconfutable a Censure by a speedy and unlimited Restauration Upon which Demand His Majesty's care of His ancient and
for the Defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do refer themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to treat upon the two first Propositions for four days which afterwards they enlarged to the end of twenty days And within some distance of time afterwards they received a very long Message from His Majesty which indeed carried not with it the face or semblance of a Treaty but in plain down-right language was a bitter Invective against the two Houses of Parliament and their Proceedings so that by this time it might very well appear That the enemies of the Kingdoms Peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of Sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majesty condescended to the Cessation in manner as was agreed on by both Houses to continue only for five days expecting a liberty notwithstanding to be given the Committee to word it according to the real Intention and so that His Majesty might not be understood to consent to any Imposing upon Levying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and inhibiting His Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon His Subjects by any Soldiers of the Army for not submitting to such Impositions Which offer of His Majesty's being but a Cessation only for five days and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesty's offer imply a declining of that power which might indanger the Disbanding of their Army and if answered would necessarily have enforced them to some sharpness of language which the enemies of this Treaty would easily take occasion to quarrel at and perswade His Majesty to break off which the Lords and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid therefore they did not only pass by these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence and therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of Hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable Distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesty's first Proposition whereby His Majesty demanded That his own Revenue Magazines Towns Forts and Ships which had been taken or kept from Him by force should be forthwith restored unto Him the Lords and Commons by their Committee made Him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was employed for the maintenance of His own Children according to the allowance established by Himself That what should remain due to His Majesty they would satisfy and would leave the same to His Majesty for the time to come They likewise thereupon propounded to His Majesty That He would restore what had been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament as out of the provision made for the Wars of Ireland Which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble Answer That they would deliver up such as remained in their hands into the hands of such persons of worth quality and trust to be nominated by His Majesty as the two Houses of Parliament should confide in none of which persons to be removed during three years next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Forts and Castles should keep the same respectively for the Service of His Majesty and the Safety of the Kingdom and that they should not admit into them any Forein Forces or any other Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they should use their uttermost endeavours to suppress all Forces raised without such Authority and Consent and seize all Arms and Ammunition provided for any such Forces Unto which Offer of theirs His Majesty gave this conclusive Answer That His Majesty did not intend that both Houses of Parliament should express their Confidence of the persons to whose trust the Cinque-Ports or other His Majesty's Towns and Forts were or should be committed but that they should have liberty to proceed against them according to Law His Majesty claiming the nomination and free election to belong to Him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majesty would consent no further than these general terms that is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seized upon which by the Laws and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such a Noble Person as His Majesty should nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in To which Offer his Majesty refused His Consent declaring His Resolution to insist upon what by Law was His own as His Majesty was pleased to express it and taken from Him should be restored unto Him without any conditioning or new limitations to be put upon Him or His Ministers And now the Lords and Commons will refer it to the World
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
Parliament as they had upon the first of January 1641. the same of right belonging unto them by their Birth-rights and the free Election of those that sent them and having been Voted from them for adhering to His Majesty in these Distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new Elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous Assemblies as to the great breach of the Privileges and the high Dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two several complaints from the Lords House and two several desires of that House to the House of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable Distractions which have ensued which Security His Majesty conceives can be only settled by Adjourning the Parliament to some other place at the least twenty Miles from London the choice of which His Majesty leaves to both Houses His Majesty will most chearfully and readily consent that both Armies be immediately disbanded and give a present meeting to both His Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be Adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable Convention of Parliament such Provisions will be made against Seditious Preaching and Printing against His Majesty and the established Laws which hath been one of the chief causes of the present Distractions and such care will be taken concerning the Legal and known Rights of His Majesty and the Property and Liberty of His Subjects that whatsoever hath been published or done in or by colour of any illegal Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the Power to raise Arms without His Majesty's Consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturb the Peace of the Kingdom and to endanger the very Being of it And in such a Convention His Majesty is resolved by His readiness to consent to whatsoever shall be proposed to Him by Bill for the Real good of His Subjects and particularly for the better discovery and speedier conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of practices of Papists against the State and the due execution of the Laws and true levying of the Penalties against them to make known to all the World how causeless those fears and jealousies have been which have been raised against Him and by that so distracted this miserable Kingdom And if this Offer of His Majesty be not consented to in which He asks nothing for which there is not apparent Justice on His side and in which He defers many things highly concerning both Himself and People till a full and peaceable Convention of Parliament which in Justice He might now require His Majesty is confident that it will then appear to all the World not only who is most desirous of Peace and whose fault it is that both Armies are not now disbanded but who have been the true and first cause that this Peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the Destruction and Desolation of this poor Kingdom which is too likely to ensue will not by the most interessed passionate or prejudicate Person be imputed to His Majesty His MAJESTY'S Message to both Houses May 19. in pursuance of the foregoing Message SInce His Majesty's Message of the twelfth of April in which he conceived He had made such an Overture for the immediate Disbanding of all Armies and Composure of these present miserable Distractions by a full and free Convention in Parliament that a perfect and settled Peace would have ensued hath in all this time above a full Month procured no Answer from both Houses His Majesty might well believe Himself absolved before God and Man from the least possible Charge of not having used His utmost endeavour for Peace Yet when He considers that the Scene of all this Calamity is in the Bowels of His own Kingdom that all the Blood which is spilt is of His own Subjects and that what Victory soever it shall please God to give Him must be over those who ought not to have lifted up their hands against Him when He considers that these desperate civil Dissentions may encourage and invite a Foreign Enemy to make a Prey of the whole Nation that Ireland is in present danger to be totally lost that the heavy Judgments of God Plague Pestilence and Famine will be the inevitable Attendants of this unnatural Contention and that in a short time there will be so general a habit of uncharitableness and Cruelty contracted throughout the Kingdom that even Peace it self will not restore His People to their old Temper and Security His Majesty cannot but again call for an Answer to that His Message which gives so fair a Rise to end these unnatural Distractions And His Majesty doth this with the more earnestness because He doubts not the condition of His Armies in several parts His strength of Horse Foot and Artillery His plenty of Ammunition which some Men lately might conceive He wanted is so well known and understood that it must be confessed that nothing but the Tenderness and Love to His People and those Christian Impressions which always have and He hopes always shall dwell in His heart could move Him once more to hazard a Refusal And He requires them as they will answer to God to Himself and all the World That they will no longer suffer their fellow-Subjects to welter in each others Blood that they will remember by whose Authority and to what end they met in that Council and send such an Answer to His Majesty as may open a door to let in a firm Peace and Security to the whole Kingdom If His Majesty shall again be disappointed of His Intentions herein the Blood Rapine and Distraction which must follow in England and Ireland will be cast upon the Account of those who are deaf to the motion of Peace and Accommodation CHARLES R. May 19. 1643. OUR express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales MDCXLIV April 15. The Petition of the Lords and Commons of Parliament assembled at Oxford Presented to His MAJESTY the day before the Recess And His MAJESTY'S Gracious Answer to the same To the Kings most excellent
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises and do hereby give unto them and to any Ten or more of them full power and authority to meet and on Our part to Treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
your Lordships are not satisfied that such Words as we have charged him with were spoken by him we are ready to produce the proof thereof to your Lordships Their further Answer 1. February WE will represent both your Lordships Papers concerning Master Love unto the Lords and Commons assembled in the Parliament of England at Westminster who will proceed therein according to Justice In the next place according to the order before mentioned do follow the Passages and Papers concerning Religion Their Paper 31. January ACcording to the Paper delivered by us to your Lordships yesternight we do now offer these Propositions following which concern Religion That the Bill be passed for abolishing and taking away of all Arch-Bishops Bishops c. according to the Third Proposition That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses of the Parliament of England and the Propositions concerning Church-Government hereunto annexed and passed both Houses be enacted as a part of Reformation of Religion and Uniformity according to the Fifth Proposition That His Majesty take the Solemn League and Covenant and that the Covenant be enjoyned to be taken according to the Second Proposition To this was annexed the following Paper of the 31. January That the ordinary way of dividing Christians into distinct Congregations and most expedient for Edification is by the respective bounds of their Dwellings That the Minister and other Church-Officers in each particular Congregation shall joyn in the Government of the Church in such manner as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be governed by Congregational Classical and Synodical Assemblies in such manner as shall be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies The King's Commissioners Paper 1. February HAving considered your Lordships Paper containing the Propositions concerning Religion with the Paper annexed and finding the same to contain absolute Alterations in the Government both of the Ecclesiastical and Civil State we desire to know whether your Lordships have power to Treat and debate upon the said Propositions and upon debate to recede from or consent to any Alterations in the said Propositions if we shall make it appear to be reasonable so to do or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any Alteration Their Answer 1. February OUR Paper given in to your Lordships concerning Religion doth contain no Alterations but such as are usual in a time of Reformation and by the wisdom of the Parliaments of both Kingdoms are judged necessary at this time for settling Religion and Peace And as by our Commissions and Papers formerly shewed your Lordships we have made known our Power to Treat upon them so are we ready by Debate to shew how reasonable they are and that there will be no reason to expect that we should alter or recede from them But as for your demand of our shewing what farther Power we have by our Instructions it is that we have no warrant to do as we have already signified to your Lordships by a former Paper The King's Commissioners Paper 1. February YOUR Lordships first Proposition in the Paper concerning Religion referring to the Third Proposition sent to His Majesty we find that refers to the Articles of the late Treaty of the date at Edenburgh 29. Nov. 1643. and to the joynt Declaration of both Kingdoms We desire your Lordships we may see those Articles and Declarations and your Lordships second Proposition in that Paper referring to the Ordinances concerning the Calling and sitting of the Assembly of Divines we desire to see those Ordinances Their Answer 1. Feb. ACcording to your Lordships desire in the third Paper we now deliver in the Articles of the late Treaty of the date at Edenburgh 29. of November 1643. and the joynt Declaration of both Kingdoms and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and sitting of the Assembly of Divines The King's Commissioners Paper 1. Feb. VVE desire to know whether the Propositions which we have received from your Lordships touching Religion be all we are to expect from you upon that Subject Their Answer 1. Feb. THere are other things touching Religion to be propounded by us unto your Lordships upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms which we shall in due time give in unto your Lordships But we do first desire your Answer to the Paper touching Religion given in yesterday that some good progress may be made therein before the three days assigned to Treat upon Religion in the first place do expire The King's Commissioners Paper 1. Feb. VVE desired to know whether the Propositions we formerly received from your Lordships concerning Religion were all that would be offered concerning that Subject because we thought it very necessary since so great Alterations are proposed by you to have a full view of the whole Alterations that are desired since in an Argument of the greatest weight and highest importance we cannot possible give a present Judgment of any part till we have a prospect of the Whole But since your Lordships do not yet think it time to let us have a sight of the rest but first desire our Answer to the Paper delivered yesterday which contains many particulars of which we never heard before we shall apply our selves to understand the things proposed by you in such manner as we may return your Lordships a speedy Answer and to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper And when your Lordships consider that the Directory for Worship being so long was delivered to us but yesterday that the Covenant the Articles of the Treaty of Edenburgh the Declaration of both Kingdoms which are comprehended within the First Proposition were delivered to us but this day and therefore we could return no Answer concerning the Bill for abolishing Arch-bishops and Bishops which is proposed to be passed according to the Third Proposition in which the said Articles and Declarations are comprehended and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us we are confident your Lordships will not think us negligent in making as good a progress in the Treaty upon Religion as is in our power which we shall endeavour to advance with all diligence and the best of our understanding Afterwards the same first of February the Ordinances for the Assembly of Divines were delivered in After some debate touching the nature of the Church Government intended by the Paper annexed to the first Paper upon the Subject of Religion which are here before set down the Kings Commissioners delivered in this following Paper 1. Feb. THE Information we
be seasonable to give any Answer concerning the Time And we are ready to confer with your Lordships upon what shall be offered by you to our Paper concerning the Militia formerly delivered The King's Commissioners Reply 4. February VVE are of opinion that the Propositions in your Lordships Paper contain the Alterations mentioned in the Paper we lately delivered to your Lordships and take by express words or necessary consequence the whole Military and Civil Power out of the Crown which Alterations we are ready to make appear in Debate And the Alterations being so great we have reason to desire to know the limitation of Time the consideration of which makes the Propositions more or less reasonable The King's Commissioners second Paper 4. Feb. VVE desire to know who the Commissioners shall be in whose hands the Forces by Sea and Land shall be entrusted and whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of known affection to Religion and Peace Their Answer 4. February THE Commissioners in whose hands the Forces by Sea and Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. Feb. VVE desire a full Answer to our Paper concerning the Persons to be entrusted with the Militia it being very necessary to know the Persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their rooms against whom there can be no just exception The King's Commissioners third Paper 4. Feb. VVE desire to know whether your Lordships intend that the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Feb. IT appears by the Propositions concerning the Militia of the City of London that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament The King's Commissioners Reply 4. February WE desire an Answer to our Paper concerning the Militia of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament which yet doth not appear by the Propositions being no Answer to the Question The King's Commissioners Paper 5. Feb. HAving with great diligence perused your Lordships Paper concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can we will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships satisfaction concerning the matter of the Militia of this Kingdom The King's Commissioners Paper in Answer to the Propositions concerning the Militia 6. February TO suppress any Forces that may be raised to the disturbance of the publick Peace of the Kingdom or that shall invade this Kingdom and to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles and that His Majesty and all His People may be secured from the Jealousies and Apprehensions they may have of Danger we do consent that all the Forces of the Kingdom both by Sea and Land shall be put into the hands of Persons of known faithfulness to the Religion and Peace of the Kingdom in such manner and for such time as hereafter mentioned That the number of those Persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us and that His Majesty may name half the persons to be so entrusted and the two Houses the other half That such Forts and Towns in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been fortified since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished and all Forces with all possible expedition to be disbanded that the Kingdom may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another and when any shall dye of those named by the two Houses another shall be chosen by them and in the Intervals of Parliament by the major part of the said Commissioners named by the two Houses and neither the one nor the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be aggreed upon shall have Power by Act of Parliament to suppress any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the Intervals of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publick Peace of the Kingdom and to suppress any Forces that shall invade the Kingdom And it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the publick Peace That they shall have like Power to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt Consent of the King and the two Houses of Parliament it shall be lawful for any four of the said Commissioners to levy Forces for the supppressing resisting and destroying of the said Forces so brought in We are content that this Power to such Persons shall continue for the space of three years which we doubt not but by the blessing of God will be abundantly sufficient to secure all Persons from their Doubts and Fears and in which
upon the other and the one upon the Government of the other and concerning some other Passages having relation to the Militia Which would be intricate if they should be set down in the order of time as they were delivered And because sometimes divers Papers were delivered together therefore they are here placed according to their distinct matters And first touching the Nomination of Persons and Limitation of the Time The King's Commissioners delivered in this Paper 14. Feb. IF your Lordships are not satisfied with the Papers delivered to your Lordships by us on the 6 th of February concerning the Militia as far as the same concerns this Kingdom we desire according to your Lordships offer in your first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the Reasonableness of your Demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend your desire to proceed in the Treaty upon the Propositions for the Militia as far as the same concerns this Kingdom without any mention of the Kingdom of Scotland In Answer whereunto we refer your Lordships to a former Paper of the 6 th of February instant whereby we desired your full and clear Answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they do relate to both Kingdoms and that we could not Treat upon your Lordships Answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an Answer thereunto we shall be ready to clear any Doubts which may remain with your Lordships The Kings Commissioners Reply 14. February WE do desire to proceed in the Treaty upon the Propositions for the Militia as the same concerns both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably answer to them as they concern one or both Kingdoms before we receive satisfaction from your Lordships of the Reasonableness of your Demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we again desire of your Lordships concerning the Persons and the Time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the Time should be unlimited Their Answer 15. Feb. VVE have formerly desired your Lordships Answer to the Propositions for the Militia in order as we delivered them and as they do relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships third Paper yesterday received that you desire satisfaction in the particulars there mentioned as the same concern the Kingdom of England only in pursuance of a former Paper given in by your Lordships the 6 th of February We therefore again desire as formerly that such Answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applyed to both Kingdoms joyntly and then we shall be ready by Conference to clear any Objections which your Lordships shall make against the Reasonableness of our Demands The King's Commissioners Paper 15 February WE desire that your Lordships will satisfie us of the Reasonableness of your Demands concerning the settling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the Time ought not to be limited Their Paper 15. February YOUR Lordships Demand in your 4. Paper being made concerning the Militia of both Kingdoms we are ready upon Conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the Time for which the Militia is demanded in the Propositions After some time spent in Conference for Limiting the Time wherein the Debate was touching the unreasonableness of the Demand for taking from the King the Power of the Militia and settling it in Commissioners to be nominated by the two Houses not limited to any Time the Kings Commissioners gave in this Paper 15. Feb. WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia or whether you must insist that the Time be unlimited Their Answer 17. Feb. IN Answer to your sixth Paper of the 15 th of this instant concerning the limitation of time in the settling of the Militia we do insist That the Time be unlimited according to our former Demands The King's Commissioners Reply 17. February AFter so long Debate between us concerning the limitation of Time in the settling of the Militia in which we conceived your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present Agreement that the Time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time and are sorry that your Lordships will not give us an Answer to that Question that thereupon we might have endeavoured to have given your Lordships other satisfaction than by not knowing your power therein we are enabled to do Their Paper 17. Feb. WE conceived that after so long a Debate between us your Lordships would have been satisfied that it was most fit concerning the settling the Militia for the Time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Feb. WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions Their Answer 17. Feb. VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia as we hope will give your Lordships satisfaction being such as upon the Conference and Information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our Duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesty's Opinion but what Answers we
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
no Answer to us whether any Commission be now on foot or other Authority given by his Majesty for any Peace or Cessation of Arms in Ireland other then that which determines in March next nor to our desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your Answer herein till the Peace in England be concluded since it hath been so clearly manifested to your Lordships by the true meaning of the Act passed by His Majesty this Parliament that His Majesty can make no Peace nor Cessation without the Consent of the two Houses and that your Lordships satisfactory Answer to this and our other Demands concerning Ireland will much conduce to the settling the Peace of this Kingdom We therefore again desire your Lordships full and clear Answer to the particulars expressed in our sixth and seventh Papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. VVE do not hold our selves any ways obliged to answer your Lordships Demand whether any Commission be on foot or other Authority from His Majesty for a Peace or Cessation of Arms in Ireland that Question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other than that which determines in March next But what Commission the Marquess of Ormond as Lievtenant of Ireland or General of the Forces there hath to that purpose we do not know and therefore cannot inform your Lordships And as to the other particulars in that Paper we do refer our selves to the Answers formerly given in to your Lordships Demands touching that Subject with this that we do conceive it to be most clear that His Majesty is in no wise restrained by express words or by the meaning of any Act made this Parliament from making a Peace or Cessation in Ireland without the consent of the two Houses Their Paper 19. Feb. THere being but three days left to Treat upon the Propositions for Religion the Militia and for Ireland and for that your Lordships have given no satisfactory Answers to our Demands concerning them we therefore now desire to confer with your Lordships how to dispose of the three days yet remaining that we may receive your Lordships full and clear Answers thereunto The King's Commissioners Answer 19. February VVE see no cause why your Lordships should think our Answers upon the Propositions for Religion and the Militia were not satisfactory And for that of Ireland we have received many Papers from your Lordships concerning that business besides the Propositions themselves to all which we doubt not to give a full and clear Answer to your Lordships to morrow being the time assigned and the last day of the Treaty upon that Subject After we shall be ready to confer with your Lordships of disposing the remainder of the time Accordingly after the before-mentioned Demands and Answer thereunto of the 19. of February the King's Commissioners in Answer to theirs of the 18. of February n. 149. delivered in this Paper 20. February VVE have already told your Lordships how far we are from being satisfied by what you have alledged against His Majesties Power to make a Cessation with the Rebels in Ireland neither have your Lordships in any degree answered the important Reasons which induced his Majesty so to do it being very evident that by the Cessation there His Majesties Protestant Subjects have been preserved and subsisted which without it they could not have done the two Houses forbearing to send any relief or supply to them and His Majesty not being able And we desire your Lordships to consider how impossible it was whilst the War continued in England with such fierceness and animosity by Arms to reduce the Kingdom of Ireland to His Majesties Obedience and therefore His Majesty had great reason to preserve that by a Cessation which he could not reduce by a War And we are most confident that the Necessities which are not offered as excuses for but were the real grounds of the Cessation were very visible to all those in that Kingdom whose Advices His Majesty ought in reason to follow and whose Interests were most concerned and would not have given such Advice if any other way could have been found out to preserve them And we have been credibly informed that the Committee sent into Ireland which His Majesty never understood to be sent thither to supply the Necessities but to observe the Actions of His Majesties Ministers there having in their Journey thither signed Warrants in their own names to apprehend the Persons of Peers of this Realm and Persons of His Majesties Privy Council were never discountenanced there for His Majesties directions that Persons who were not of His Privy Council there should not be present at those Councils cannot be interpreted a discountenance to them in any thing they ought to do And we are most assured that His Majesty sent no Message or Letter to divert the course of the Officers subscribing for Land in satisfaction of their Arrears but the Soldiers were meerly discouraged from the same by discerning that for want of Supplies they should not be able to go on with that War And we do assure your Lordships that His Majesty doth not believe that the Sums of Money raised for Ireland which your Lordships do admit to have been made use of by both Houses of Parliament otherwise then was appointed are yet satisfied in any proportion the greatestpart of the Money raised upon the Bill for 400000 l. and of the Moneys raised upon the charitable Collections as well as the Adventurers Moneys being imployed upon the War here and if the same were since satisfied it doth no ways excuse the diverting of them when in the mean time that Kingdom suffered by that diversion and that the fear that other Moneys so raised might likewise be misimployed was a great reason amongst others that made His Majesty not consent to that Bill mentioned by your Lordships And for the Regiments of Horse and Foot which your Lordships in your Paper of the 18. of this Month say were designed for Ireland though they were imployed otherwise because a Commission could not be obtained for the Lord Wharton who was to command those Forces it is well known that those Forces were raised before His Majesties Commission was so much as desired and then the Commission that was desired should have been independent upon His Majesties Lieutenant of that Kingdom and therefore His Majesty had great reason not to consent to such a Commission and so the damages of keeping those six Pinnaces and the 1000 Land-Forces if any such were proceeded not from any default of His Majesty And for the Provisions seized by His Majesties Forces it is notorious that they were seized in the way
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation when they could no longer subsist there and that there was no present use for them and before those Forces brought over there was an attempt to bring the Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than they would submit to that Cessation we know of none but it is manifest that divers who had left that Kingdom because they would have been famished if they had continued there since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just Reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lords Justices and Council there your Lordships need not doubt of the truth of the matter and for the Names of the single Persons subscribing we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their Prejudice if we should give in their Names Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the the two Houses of Parliament here shall upon such difference manage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earl of Leven must carry on the War according to his discretion for he is in no degree bound to observe the Orders or Directions of the Houses of Parliament in England by themselves Neither doth the asking His Majesties Consent at all alter the Case from what we stated it to your Lordships in our Paper of the 20. of this Instant for we said then and we say still that if His Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
your Lordships Pardon to believe our selves obliged in Prudence Honour and Conscience very much to insist on that consideration and very earnestly to recommend the same to your Lordships And we conceive it most conducing to the good of His Majesties Service and of that Kingdom and the Lieutenant and Judges there be nominated as they have always been by His Majesty who will be sure to employ none in places of so great Trust but such whose known Ability and Integrity shall make them worthy and if at any time He shall finde himself deceived by those He shall chuse can best make them Examples of His Justice as they have been of His Grace and Favour And we beseech your Lordships to consider how impossible it is for His Majesty to receive that measure of Duty Reverence and Application which is due to Him and His Royal Progenitors have always enjoyed if it be not in His own immediate Power to reward those whom he shall by experience discern worthy of publick Trust and Imployment We have made no difficulty to your Lordships of His Majesties consenting to Acts for the raising of moneys and other necessaries for the setling of the true Protestant Religion in that Kingdom only we think it unreasonable that His Majesty should engage himself as is proposed to pass all such Acts as shall be presented to Him before He know whether such Acts are reasonable or no and whether those other necessaries may not comprehend what in truth is not only unnecessary but very inconvenient Neither will the Argument that the moneys are to be raised from His Subjects without any charge to Himself seem reasonable to His Majesty His Majesty considering His own charge much less than the Damage and Pressures which may thereby befall His good Subjects the preserving them from which is His Majesties most sollicitous and earnest desire And we cannot but wonder that your Lordships should conceive any Expressions made by us concerning the Prosecution of that War of Ireland to be unagreeable to the Zeal of Persons abundantly sensible of that Blood and Horrour of that Rebellion We agree with you they have broken the Laws of God and Man their Faith their Allegiance the Bonds of Charity Rules of Humanity and human Society and we heartily wish that it were in His Majesties Power to do justice upon and make up those breaches of all those Rules and Bonds and to that purpose we have desired to be satisfied by your Lordships what probable course may be taken for the remedying those mischiefs and preserving the remainder of His Majesties good Protestant Subjects but without doubt the prosecution of that War so much depends upon the Condition and Distractions of His Majesties other Kingdoms that the Information your Lordships give us of the Negotiation with Spain and other States for delivering up that Kingdom from His Majesties Obedience into the hands of Strangers deserves the most strict Consideration how His Majesties two other Kingdoms can be applied to the Relief of the third whilst these Distractions are in their own Bowels and the continuance of the miseries in the two must render those in the third remediless if it be not preserved by some other means than the prosecution of the War Neither can it be foreseen or determined what help or assistance either Party may make use of where it finds it self oppressed and over-powered by the other especially when it calls in any help and leaves no means unattempted to destroy the other And we beseech your Lordships in the Bowels of Christian Charity and Compassion and in the Name of him who is the Prince of Peace and who will make an Inquisition for Blood to consider whether all our endeavours ought not to be to stop these Bloody Issues in all His Majesties Dominions and whether the just God of Heaven who for our Sins hath made the several Nations under His Majesties Government to be Scourges of one another and of His Majesty Himself under whose Obedience they should all live can be delighted with the Sacrifice of Blood and the Blood of Christians and whether it would not be more agreeable to our Christian Profession to endeavour the binding up of those wounds which Interests Passion and Animosity have made We desire your Lordships to consider these things and to make such Propositions to us concerning Ireland since it is apparent that those already made by you are by no means fit to be consented to as may be for the growth and propagation of the true Protestant Religion the Peace and Happiness of that Kingdom and the welfare of all His Majesties Dominions The last of the six days concerning Ireland being now spent being the last of the eighteen appointed to treat upon Religion Militia and Ireland by three days apiece alternis vicibus according to the order formerly proposed the two remaining days were imployed for the most part concerning Religion but towards the end of these two days being the last of the Treaty about 12. of the Clock at night they delivered in these two following Papers concerning Ireland in answer to the two last Papers Their Paper 22. Feb. WE are very sorry that your Lordships should continue in that Opinion that it was necessary to make the Cessation in Ireland when by undeniable Proofs and consideration of all Circumstances it is most clear that the Necessities alledged for grounds of that Cessation were made by design of the Popish and Prelatical Party in England and Ireland who so wickedly contrived the same that the Provisions sent thither by the Parliament for Relief of His Majesties good Subjects in Ireland were disposed of and afforded to the Rebels there in their greatest wants and then when your Lordships affirm the Protestants to be in so great extremity and even at that time also when the Officers of our Army and Garrisons pressing for leave to march into the Enemies Countrey to live upon them and save their own Stores some who were driven forth had great quantities of Provisions out with them yet were not permitted to march into the Enemies Countrey but kept near Dublin until their Provisions were spent and then commanded back again others could not obtain leave to go forth but were commanded to stay at home that their own Provisions might be the sooner consumed and thereby the Necessity made greater Notwithstanding by the care of both Houses of Parliament here for their supply they were able to subsist and did subsist at the time of that Cessation although the making thereof reduced them to far greater Necessities than otherwise they could have suffered besides the notorious advantage thereby to the Rebels when their Wants and Extremities were most pressing And we should not again have troubled your Lordships with these Answers had they not been caused by your own Repetition of the Letters of part whereof you have given us Copies though not the knowledge of the Persons from whom they came only you were pleased to mention
your Lordships having proposed many important things in the said several particulars to be framed settled and disposed by the Two Houses before a full Agreement can be established we propose to your Lordships whether the two days remaining may not be best spent towards the satisfying your Lordships in those three Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repair to Westminster that so all Differences may be composed and this poor Kingdom be restored to its ancient Happiness and Security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best means whereby all Armies being first disbanded His Majesty may with Honour Freedom and Safety be present with his two Houses of Parliament at Westminster To which two particulars that is first concerning the Disbanding all Armies and then for His Majesties speedy repair and residing at Westminster with Honour Freedom and Safety we shall if your Lordships think fit apply our selves and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that Subject And if your Lordships shall concur with us herein we hope it will be a good inducement to procure an addition of time to this Treaty according to His Majesties Proposition in his late Letter to us which we delivered to your Lordships Their Paper 20. Feb. VVE shall according to mutual agreement between His Majesty and the two Houses of the Parliament of England and the Commissioners for the Parliament of Scotland Treat these two remaining days upon the three Propositions for Religion the Militia and Ireland and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace that the Armies may be disbanded and the Happiness of His Majesties Presence may again be enjoyed by those who have nothing more in their Prayers and endeavours then by His Majesties Conjunction with his Parliament to see all these sad Differences composed and these distracted Kingdoms restored to thein Ancient Happiness and Security Accordingly we shall be ready to begin again to morrow upon the Propositions for Religion and receive what your Lordships will propose and being satisfied upon that and the other two Propositions we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His Return to Westminster and Disbanding Armies whereupon His Majesties Commissioners delivered this Paper 20. February VVE conceive that the Reasons why your Lordships do not give us any Answer to our Paper concerning the Treating for the Disbanding all Armies and for His Majesties coming to Westminster may be because you have no Authority by your Instructions so to do though we proposed the same to your Lordships and do still conceive it most conducing to the conclusion of the Propositions upon Religion the Militia and Ireland upon which we have Treated and we therefore desire your Lordships that you will endeavour to have your Instructions so enlarged that we may Treat upon so important and necessary an Expedient for the publick Peace In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the business of Religion presuming that if your Lordships are not satisfied with our Answer therein in which we have applied Remedies to whatsoever hath ever been complained of as a Grievance in the present Government of the Church that your Lordships will make it appear that the Government by Bishops is unlawful or that the Government you intend to introduce in the room thereof is the only Government that is agreeable to the Word of God either of which being made evident to us we shall immediately give your Lordships full satisfaction in that you propose The King's Commissioners Paper 22. Feb. BY our Paper delivered to your Lordships 1. February we did desire to know whether your Lordships have any Instructions concerning his Majesties Propositions for settling a safe and well grounded Peace and by our Paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships had not received any that you would endeavour to procure authority to Treat thereupon and by our Paper of the Tenth of Feb. we did desire to know whether your Lordships had received any Instructions concerning His Majesties Propositions that we might prepare our selves to treat upon them when your Lordships should think fit and by our Paper delivered to your Lordships 14. Feb. we moved your Lordships upon Directions received from his Majesty that you would endeavour to procure an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties Letter which Letter we then delivered to your Lordships and by our Paper delivered to your Lordships the twentieth of this Month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the days limited for the same upon the Reasons mentioned in his Majesties said Letter to which we have not yet received full Answer nor have we yet had any notice from your Lordships whether the Two Houses of Parliament have given any further time for this Treaty and having hitherto according to the order prescribed us Treated only upon the three first heads of Religion the Militia and Ireland and the Twenty days expiring this day we again desire to know whether there is any addition of time granted for this Treaty our Safe-Conduct being but for two days longer Their Answer 22. Feb. YOur Lordships Papers of the first third and tenth of February whether we had any Instructions concerning his Majesties Propositions and power to Treat for a Cessation as also your Papers of the 14 th and 20 th of Feb. concerning his Majesties Letter for an addition of time to this Treaty with your Lordships desire thereupon have been by us sent up to both Houses of Parliament from time to time as we received them together with our Answer given to them and in our Answers we have from time to time declared to your Lordships that when the Houses shall be satisfied in the good progress of the Treaty upon their Propositions concerning Religion Militia and Ireland they will give an addition of time for the Treaty And we do conceive that if your Lordships Answers to our Demands concerning Religion the Militia and Ireland had been such as to have given satisfaction in the good progress of this Treaty mutually consented to for twenty days upon the said Propositions we should have before this been enabled with power to continue the Treaty as well upon his Majesties as the rest of the Propositions But your Lordships having
not given full and satisfactory Answers concerning Religion the Militia and Ireland you cannot for the Reasons above mentioned expect an addition of time neither have we received any Instructions to continue this Treaty longer than the twenty days of which this is the last And as for your Lordships Safe-Conduct we conceive the Three Sundays last past being not accounted any days of the Treaty so this next Sunday is not to be esteemed one of the two days allowed after the Treaty in your Lordships Safe-Conduct but your Lordships are to have two days besides this next Lords day The King's Commissioners Reply 22. February WE cannot express the great sadness of our hearts that all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty have produced no better effects towards a blessed Peace which his Majesty and we who are trusted by him do so heartily pray for and that so many and great Offers made by us to your Lordships in the particulars we have Treated upon should not be thought a good progress on our part in the said Treaty as we find by your Lordships last Paper to our great grief they are not and therefore that this must be the last day of the Treaty We desire your Lordships to consider that we being intrusted by his Majesty to Treat with your Lordships for a safe and well grounded Peace have upon the matter of your Lordships Propositions consented to so many particulars and alterations of very great importance and that your Lordships who were to Treat with us have not abated one tittle of the most severe and rigorous of your Propositions saving what you were pleased the last Night to propose in the point of Time concerning the Militia which though it seems to be limited to seven years in truth leaves it as unlimited as it was before in your-Propositions for at the end of seven years it must not be exercised otherwise than shall be settled by his Majesty and the two Houses of Parliament so that all the Legal Power now in his Majesty is taken away and not restored after the seven years expired Neither is there a full consent to that limitation offered by your Lordships the Commissioners of the Parliament of Scotland Nor have your Lordships offered to us any prospect towards Peace other than by submitting totally to those Propositions the which if we should do we should consent to such Alterations as by Constructions and Consequences may dissolve the whole frame of the present Government both Ecclesiastical and Civil in this Kingdom And though the particulars proposed by your Lordships have by Debate appeared not only evidently unreasonable but literally considered to comprehend things to be extended to Powers not intended by your selves yet your Lordships have not been pleased either to restrain or interpret any particular in any other manner than as is set forth in the said Propositions In the matter of Religion we have offered all such Alterations as we conceive may give satisfaction to any Objections that have been or can be made against that Government and have given your Lordships Reasons not onely why we cannot consent to your Lordships Propositions but that even those Propositions if consented to could not be in order to a Reformation or to the procuring the publick Peace And we must desire your Lordships to remember that though you do not onely in your Covenant which you require may be taken by his Majesty and enjoyned to be taken by all his Subjects undertake the Reformation in point of Government but even in point of Doctrine too thereby laying an imputation upon the Religion it self so long professed in this Kingdom with the general approbation of all Reformed Churches yet your Lordship have not given us the least Argument nor so much as intimated in your Debate the least Prejudice to the Doctrine of the Church of England against which we presume you cannot make any colourable Objection nor have you given us the view in particular of the Government you desire should be submitted to in the place of that you propose to be abolished and therefore we propose to your Lordships if the Alterations proposed by us do not give your Lordships satisfaction that so great an Alteration as the total Abolition of a Government established by Law may for the Importance of it and any Reformation in Doctrine for the Scandal of it be suspended till after the Disbanding of all Armies his Majesty may be present with the Two Houses of Parliament and calling a National Synod may receive such Advice both from the one and the other as in a matter of so high concernment is necessary and we are most confident that his Majesty will then follow the Advice which shall be given him And as any Reformation thus regularly and calmly made must needs prove for the singular Benefit and Honour of the Kingdom so we must appeal to your Lordships whether the contrary that is an Alteration even to things though in themselves good can by the Principles of Christian Religion be enforced upon the King or Kingdom In the business of the Militia though your Lordships do not deny that the Jealousies and apprehensions of Danger are mutual and that the chief end of depositing the Militia in the hands of certain Persons is for security against those Jealousies and possible Dangers yet your Lordships insist That all those Persons to be entrusted shall be nominated by the Two Houses of Parliament in England and the Estates of the Parliament in Scotland and that the time for that great general and unheard-of Trust shall be in such manner that though it seem to be limited to seven years yet in truth by declaring that after those seven years it shall not be otherwise exercised than His Majesty and the Two Houses of Parliament shall agree His Majesty may thereby be totally and for ever devested of the power of the Sword without which He can neither defend Himself against Foreign Invasions nor Domestick Insurrections nor execute His Kingly Office in the behalf of His Subjects to whom He is sworn to give protection And to both these your Lordships add the introducing a Neighbour-Nation governed by distinct and different Laws though united under one Sovereign to a great share in the Government of this Kingdom In stead of consenting to these Changes we have offered and proposed to your Lordships That the Persons to be trusted with the Militia of the Kingdom may be nominated between us or if that were refused that an equal number shall be named by you and the other number by his Majesty and that half the Forts and places of Strength within the Kingdom shall be in the Custody of those whom you think fit to be trusted therewith and the other half in such hands as his Majesty pleases to commit the same to and all persons as well those nominated by your Lordships as by his Majesty to take an Oath for the due discharge
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks 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 do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral 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 yearly Value thereof and what and how much thereof 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 and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and 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 Corporations 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 fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls 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 truly and really worth by the year 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 several Churches and Chappels are supplied 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 needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several 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 hear 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 Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick 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 claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled 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 claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of
Richard Capel of Pitchcomb Theophilus Bathurst of Overton Watervile Philip Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of VVatford John Green of Pencomb Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. VVilson of Otham Antho. Tuckney of Boston Batchelor in Divinity Thomas Coleman of Bliton Charles-Herle of VVinwick Richard Herrick of Manchester Richard Cleyton of Showel George Gibbs of Ayleston D. Calibut Downing of Hackney Jeremy Boroughs of Stepney Edmund Calamy Batchelor in Divinity George VValker Batchelor in Divinity Joseph Caryll of Lincolns-Inn Lazarus Seaman of London D. John Harris Warden of VVinchester-Colledge George Morley of Milden-hall Edward Reynolds of Branston Thomas Hill of Tichmarsh Batchelor in Divinity D. Robert Saunderson of Boothby-Pannell John Foxcroft of Gotham John Jackson of Marsk VVilliam Carter of London Thomas Thoroughgood of Massingham John Arrowsmith of Lynne Robert Harris of Hanwel Batchelor in Divinity Robert Cross of Lincoln-Colledge Batchelor in Divinity James Archbishop of Armagh D. Matthias Styles of Saint George Eastcheap London Samuel Gibson of Burley Jeremiah VVhitaker of Stretton D. Edmund Stanton of Kingston D. Daniel Featly of Lambeth Francis Coke of Yoxhal John Lightfoot of Ashley Edward Corbet of Merton Colledge Oxon Samuel Hildersham of Felton John Langley of VVestuderley Christopher Tisdale of Vphusborn Thomas Young of Stow-market John Phillips of VVrentham Humphrey Chambers of Claverton Batchelor in Divinity John Conant of Lymington Batchelor in Divinity Henry Hall of Norwich Batchelor in Divinity Henry Hutton Henry Scuddir of Colingborne Thomas Baylie of Manningford-Bruce Benjamin Pickering of East-Hoateley Henry Nye of Clapham Arthur Sallaway of Seavernestoake Sydrach Simpson of London Anthony Burgess of Sutton-Coldfield Richard Vines of Calcot VVilliam Greenhill of Stepney VVilliam Moreton of Newcastle Richard Buckley D. Thomas Temple of Battersey Simeon Ashe of Saint Brides M. Nicholson Thomas Gataker of Rotherhithe Batchelor in Divinity James VVeldy of Sylatten D. Christopher Pashley of Hawarden Henry Tozer Batchelor in Divinity VVilliam Spurstow of Hampden in Com. Bucks Francis Cheynel of Oxon Edward Ellis of Gilsfield Batchelor in Divinity D. John Hacket of Saint Andrews Holborne Samuel de la Place John de la March Matthew Newcomen of Dedham William Lyford of Sherborn in Com. Dorset M. Carter of Dynton in Com. Bucks William Lance of Harrow in Middlesex Thomas Hodges of Kensington in Com. Middlesex Andreas Porne of VVilby in Com. Northampton D. Thomas VVestfield of St. Bartholomew le great London Bishop of Bristol D. Henry Hammond of Penshurst in Kent Nicholas Prophet of Marlborough in Com. VVilts Peter Sterry of London John Erle of Bishopston in Com. Wilts M. Gibbon of Waltham Henry Painter of Exceter Batchelor in Divinity M. Michelthwaite of Cherry-burton D. John Wincop of St. Martins in the Fields M. Price of Paul's Church in Covent-Garden Henry Wilkinson junior Batchelor in Divinity D. Richard Holdsworth Master of Emanuel Colledge in Cambridge M. William Duning of Coldaston and such other Person and Persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be letted by sickness or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerks of both Houses of Parliament left at their several respective dwellings to meet and assemble themselves at Westminster in the Chappel called King Henry the Seventh's Chappel on the first day of July in the year of our Lord One thousand six hundred forty three and after the first meetting being at least of the number of forty shall from time to time sit and be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed and the said Persons or so many of them as shall be so assembled or sit shall have Power and Authority and are hereby likewise enjoyned from time to time during this present Parliament or until further order be taken by both the said Houses to confer and treat amongst themselves of such matters and things touching and concerning the Liturgy Discipline and Government of the Church of England or the vindicating and clearing of the Doctrine of the same from all false Aspersions and Misconstructions as shall be proposed unto them by both or either of the said Houses of Parliament and no other and to deliver their Opinions and Advices of or touching the matters aforesaid as shall be most agreeable to the Word of God to both or either of the said Houses from time to time in such manner and sort as by both or either of the said Houses of Parliament shall be required and the same not to divulge by Printing writing or otherwise without the consent of both or either House of Parliament And be it further Ordained by the Authority aforesaid that William Twisse Doctor in Divinity shall sit in the Chair as Prolocutor of the said Assembly and if he happen to die or be letted by sickness or other necessary impediment then such other Person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen among the said Persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the Reasons thereof to both or either of the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalf And be it further Ordained by the Authority aforesaid that for the charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten days before and ten days after the sum of four Shillings for every day at the charges of the Commonwealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and every the said Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty loss or damage which shall or may arise or grow by reason of any non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their said attendance upon the said Service any Law or Statute of Non-residence or other Law or Statute enjoyning their attendance upon their respective Ministers or Charges to the contrary thereof notwithstanding And if any of the Persons before named shall happen to dye before the said Assembly shall be dissolved by Order of both Houses of Parliament then such other Person or Persons shall be nominated and placed in the room and stead of such Person and Persons so dying as by both the said Houses shall be thought fit and
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
Quarterings nor Marchings and when it shall be found fit to send Troops out of either Army that the Persons to be sent out of the Scotish Army shall be commanded out by their own General the Lieutenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foot of the Scotish Army nor of the Horse appointed to joyn therewith whereunto they shall return when the Service is done And that no Officer of the Scotish Army shall be commanded by one of his own Quality and if the Commanders of the Troops so sent out of either Army be one of Quality that they command the Party by turns And it is nevertheless provided that the whole Scotish Army may be called out of the Province of Vlster and the Horses appointed to joyn with them by His Majesties Lieutenant of Ireland or other chief Governour or Governours of that Kingdom for the time being if he or they shall think fit before the Rebellion be totally suppressed therein Eleventhly it is agreed That the Scotish Army shall be entertained by the English for three Months from the twentieth of June last and so along after until they be discharged and that they shall have a Months Pay advanced when they are first mustered in Ireland and thereafter shall be duely paid from Month to Month and that there shall be one Muster-master appointed by the English Muster-master General to make strict and frequent Musters of the Scotish Army and that what Companies of Men shall be sent out of Scotland within the compass of the Ten thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfthly it is agreed That the Scotish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose and that there shall be a Months warning before-hand of their disbanding which said discharge and Months warning shall be made known by His Majesty and them to the Council of Scotland or the Lord Chancellor a Month before the discharging thereof and that the Common Souldiers of the Scotish at their dismission shall be allowed fourteen days Pay for carrying of them home Thirteenthly it is provided and agreed That at any time after the Three Months now agreed upon for the entertainment of the Scotish Army shall be expired and that the Two Houses of Parliament or such persons as shall be authorized by them shall give notice to the Council of Scotland or to the Lord Chancellor there that after one Month from such notice given the said Two Houses of Parliament will not pay the said Scotish Army now in Ireland any longer then the said Two Houses of Parliament shall not be obliged to pay the said Army any longer then during the said Month any thing in this Treaty contained to the contrary notwithstanding The Ordinances of the 9. of March and 11. of April Die Sabbati 9. Martii 1643-44 Resolved upon the Question by the Lords and Commons in Parliament assembled THat he who doth or shall command in chief over the said Army by joynt Advice of both Kingdoms shall also command the rest of the British Forces in Ireland and for the further managing of that War and prosecuting the Ends expressed in the Covenant that the same be done by joynt Advice with the Committees of both Kingdoms Die Jovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament assembled THat the Earl of Leven Lord General of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in chief over all the Forces as well British as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the Advice of the said Committees to appoint and nominate a Commander in chief under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt Advice of both Kingdoms of such Numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and enabled with all ample Instructions by the joynt Advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that War The Letter of the Lords Justices and Council of Ireland to the Speaker of the House of Commons in England 4. April 1643. a Duplicate whereof the Original being sent to VVestminster was by them sent to Master Secretary Nicholas for His Majesty SIR OUR very good Lord the Lord Marquess of Ormond having in his March in his last Expedition consulted several times with the Commanders and Officers of the Army in a Council of War and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should return hither which he did on the six and twentieth of March. In his return from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their Walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about six thousand Foot and six hundred and fifty Horse well armed and horsed yet it pleased God so to disappoint their counsels and strength as with those small Forces which the Lord Marquess had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the Fields several Nights in much Cold and Rain and by want of Mans-meat and Horse-meat the Lord Marquess obtained a happy and glorious deliverance and Victory against those Rebels wherein were slain about three hundred of them and many of their Commanders and others of Quality and divers taken Prisoners and amongst those Prisoners Colonel Cullen a Native of this City who being a Colonel in France departed from thence and came hither to assist the Rebels and was Lieutenant-General of their Army in the Province of Leimster and the Rebels Army were totally routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that Night where they had gained the Victory and on our side about twenty slain in the fight and divers wounded We have great cause to praise God for magnifying his Goodness and Mercy to His Majesty and this His Kingdom so manifestly and indeed wonderfully in that Victory However the Joy due from us upon so happy an occasion is we confess mingled with very great Distraction here in the apprehension of our Unhappiness to be such as although the
Treaty from Our Commissioners We caused a Narrative thereof to be made and published wherein besides the necessary Connexions there is nothing set down but what passed in Writing But because their last Paper upon the Subject of the Militia and two last Papers concerning Ireland were delivered upon the Close of that Treaty although We conceive the Answers given in the Papers formerly delivered by Our Commissioners are abundantly sufficient to give satisfaction to those also yet because there may be a want of memory in some and of observation in others who shall read that Narrative to bring home and apply the former Answers of Our Commissioners to those Papers and because they seem to expect Answers which the Treaty being determined cannot be given by Our Commissioners and to vindicate Our Self from many Passages scattered in those Papers particularly reflecting upon Our Person and Royal Authority We have thought fit for the further satisfaction of all Our good People to make these ensuing Answers And first to that Paper concerning the Militia WHosoever shall observe the passionate expressions in the close of this Paper wherein they do most earnestly desire Our Commissioners as they tender the deplorable Estate of these bleeding Kingdoms the settling Religion Our Honour and the composing these miserable Distractions to give full and clear Answers to the Demands concerning the Militia might very well believe that they who so importunately demanded would as willingly have received an Answer But when it shall be considered that this Paper was not delivered in till after two of the Clock in the morning upon the breaking off the Treaty when they had denied any further time to treat or to receive any Papers dated as within the time of the Treaty as formerly was mutually done and this very Paper of theirs delivered in truth upon the 23. was received as dated the 22. of February it will be most apparent they kept it as a Reserve to be purposely and by design delivered so as it should remain unanswered For the matter of that Paper They say they have by their Answers satisfied the several Questions proposed to them by Our Commissioners touching the Militia It was necessary they should have done so that it being proposed to Us to part with so great a Trust as the Power of the Sword and to put it wholly out of Our own hands We might know how and to whom and for what time and upon what terms We parted with it But We will look back upon some of their Answers that it may appear what they are Our Commissioners desired to know who the Commissioners should be in whose hands the Forces both by Sea and Land should be entrusted and whether We might except against such Persons and name others in their Places of known Affections to Religion and Peace To that part of the Question Whether We might except against the Persons they made no Answer To the other part requiring who the Commissioners should be they answered That the Commissioners were to be named for England by the two Houses and for Scotland by the Estates of the Parliament there whereas the Question was not Who should name those Commissioners but Who they were that should be named a thing most necessary for Us to know before We entrusted them with so great a Power Our Commissioners desired to know Whether the Militia of London should be independent and not subordinate to those Commissioners They answered It appeared by the Propositions the same was to be ordered in such manner as should be agreed on by both Houses Which was no Answer to the Question though likewise necessary to be known the Militia of London being so great and of such importance Our Commissioners desired to know What Authority the Commissioners nominated by the Estates of the Parliament of Scotland were to have in the Militia and settling of all Forces by Sea and Land in this Kingdom and what influence the Advices and Orders from the Estates of that Parliament should have upon this Kingdom They answered That might be fully satisfied by the Propositions concerning the Militia And though Our Commissioners desired it they could get no other Answer from them in writing Our Commissioners desired to know What Jurisdiction they intended the Commissioners of both Kingdoms should have by the power given to them to hear and determine all differences that might occasion the breach of the Articles of the Peace and by what Law they should proceed to hear and determine the same They answered That the Commissioners were to proceed in such manner as was expressed in the Propositions Whereas the Propositions express no more than what is contained in the words of the Question And being further pressed to an Answer they answered That the matter of the Jurisdiction of the Commissioners was expressed in the Propositions and for the manner of exercising of it and by what Law they should proceed The same was to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively This being no Answer and a full and direct Answer being required to these Questions the Answer given was That they referred themselves therein to their former Answers Our Commissioners desired to see the Act of the late Treaty for the settling of the Garrison of Barwick of the 29. of November 1643. being made betwixt the two Houses and those of Scotland without Our Privity as relating to the business of the Militia They answered It was not then to be treated on but was reserved to its proper time and Our Commissioners could never see it Our Commissiones desired to know Whether by the joynt Power mentioned in the Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them they intended any other than Military Power for suppressing Forces only which Question was asked because in the Proposition there are two distinct Clauses one whereby they have that Power to preserve the Peace the other whereby they have Power to suppress Forces In answer to this they refer Our Commissioners to the Propositions That these Answers though made to Questions arising upon the doubtful Expressions in their Propositions referring to the Propositions themselves or to what was not then but was after to be settled by the two Houses are not satisfactory Answers to those Questions is most evident But we do not wonder they were unwilling We should see the clear drift of those Propositions the ill consequence whereof which hereafter appears We are willing to believe most of those who agreed unto them did not at first apprehend They say They marvel why it should be insisted on that the Commissioners for the Militia should not be nominated by the two Houses only and that we who were to be equally secured should name none since this Power was
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than 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 Civil matters for the preservation of
given way to several unusual Bills for raising of Forces and likewise to the Bill for the 400000. l. for the Adventurers and others for raising of Moneys which Moneys by those Acts were to be pay'd to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usual in like cases thence to be issued for publick use those Supplies were diverted and imployed to feed and nourish a Rebellion in England rather than to suppress that in Ireland Thus 100000. l. of the Adventurers Money was imployed for the Earl of Essex his Army when he first march'd against Us and that imployment of it though contrary to the express words of the Act which are That no part of that Money shall be imployed to any other purpose than the reducing of those Rebels was publickly justified by a Declaration made in the name of the House of Commons the sixth of September not long before the Battel at Edge-hill and at the same Battel several Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny Sir Faithful Fortescue and others were imployed against Us at Edge-hill the Moneys raised upon the Bill of 400000. l. and others have been wholly made use of against Us. And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that War and misapplying the aids 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 original design in begetting a suspicion of Our Integrity in that business of Ireland and ingrossing the managing of that War and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Us 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 Cessation there though but during the War here to be a countenancing of that bloody 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 the Protestants in Ireland In the next place concerning the War there they demand that the prosecution of that War be settled in both Houses of Parliament to be managed by the Advice of both Kingdoms of England and Scotland that is a Commmittee of both Kingdoms those of each Kingdom to have a Negative Voice and all the Forces there to be under the Command of the Scotch General the Lieutenant and other great Officers and Judges there to be nominated by both Houses and that We should consent to pass all Acts to be proposed by them for the raising of Moneys and other things necessary for the prosecution of that War And notwithstanding all the zealous and pathetical Epressions in those Papers desiring the continuance of that War and the execution of Justice upon those Rebels it is not barely the prosecution of the War in zeal of Justice that is desired that might be managed either by Us whom God and the Law have entrusted solely with that Power and whose Predecessors have alone and without the concurrence of their Parliaments other than 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 Us they have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the War wherein those who are in Arms against Us may have the sole managing of the War and of Moneys to maintain that War even while they are in Arms against Us. For the Cessation already made it is apparent it was the only visible means whereby the Kingdom was preserved the poor Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebels for want of Ammunition there being not above forty Barrels of Powder there as appears by the Letters of the Lords Justices and Council of Ireland mentioned by Our Commissioners and no supplies of Victuals or Money sent in six Months time before those Letters although Our Ships were then taken away from Us and all the Forces at Sea belonging to this Kingdom were under their Command Neither could the not making void 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 Month they insist upon their demands of an Act of Parliament to make that Cessation void 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 solemnly made by Our publick 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 alledge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloody Rebellion and thereby having lost the Plea of Our Innocency have also lost the hearts of Our People and rendered Our selves guilty of those Infamous Slanders which have been charged upon Us concerning the Irish Rebellion and which some were so willing to fix upon Us that even during this Treaty when Mac-guire 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 Reprieves are not to be credited he was strictly examined concerning Us as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if he had not absolutely denied it to his last with more sense of Conscience in that particular than they who examined him expected it is likely whatsoever Untruths reflecting upon Us had been forced from him had been as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Justices and Council of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners compared
propose conditions of Peace though the VVar otherwise might justly be pursued And surely as a Cessation in Ireland may be some advantage to the Rebels as all Cessations in their nature are to both parts they having thereby time and liberty to procure Arms and Ammunition to be brought to them so it is not only for the advantage but necessary preservation of Our good Subjects there whose bleeding Dangers call for Our bowels of Charity and Compassion by suspending the rage of the Adversary by this Cessation till means may be found to turn their hearts or to disable their Malice from pursuing their Cruelty to the utter Ruin of that Remainder of Our good Subjects there it being more acceptable to God and Man to preserve a few good men from destruction than to destroy a multitude though in the way of Justice and perhaps a Cessation may bring some of those Rebels to reflect upon their Offences and to return to their Duty all are not in the same degree of guilt all were not Authors of nor consenting to the Cruelties committed some were inforced to comply with or not resist their proceedings some were seduced upon a belief the Nation was designed to be eradicated and the VVar not against the Rebellion only but their Religion The VVar destroys all alike without distinction even innocent Children have suffered not by the Rebels only and all are not Tigers or Wolves there may be grounds of Mercy to some though no severity be excessive towards others However We cannot desire the destruction even of the worst of those Irish Rebels so much as We do the preservation of the poor English remaining there but should make choice rather to save the Rebels for preserving the lives of those poor Protestants than destroy them to ruine the Rebels And therefore exceeding strange it is to Us and We are sorry to find that any English men who have seen this their Native Country heretofore even in Our time flourishing beyond most of the Kingdoms and Churches in the world and now most hideous and deformed weltring in the blood of her own Children and if this VVar continue like to be a perpetual spectacle of Desolation should express that they desire War in Ireland as much as they do Peace here no more valuing the sparing of English blood here than they do the effusion of the blood of the Rebels in Ireland They say indeed they are willing to lay out their Estates and Lives both for the War in Ireland and Peace in this Kingdom but withal they say they have made Propositions for both if Our Commissioners would agree to them These are the Conditions they offer neither Peace is to be had here without agreeing to their Propositions nor that VVar in Ireland to be managed but according to those Propositions such Propositions as apparently tend to the ruine of the Church to the subversion of all Our Power to the setting up a new frame of popular Government to the destructioo of Our Loyal and true-hearted Subjects Propositions which associate Our Subjects of Scotland in their Counsels and Power and invest them in a great share of the Government and VVealth of this Kingdom and render both the VVealth and Power of Ireland to be at their command These Propositions they insist upon and for the obtaining these they are resolved to engage the Lives and Estates of Our poor People in this unnatural Rebellion But VVe trust God Almighty will open the Eyes and the Hearts of Our People not to assist them any longer against Us in the shedding innocent blood in this VVar. And VVe cast Our selves on Him waiting His good time for the restoring the Peace of Our Kingdoms and Our deliverance from these Troubles which at length VVe are assured He will give unto Us. MESSAGES PROPOSITIONS AND TREATIES FOR PEACE WITH DIVERS RESOLUTIONS AND DECLARATIONS THEREUPON MDCXLV VI. VII VIII His MAJESTIES Message to both Houses from Oxford December 5. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being deeply sensible of the continuation of this bloody and unnatural War cannot think himself discharged of the Duty He owes to God or the Affection and regard He hath to the preservation of His People without the constant application of His earnest Endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a Safe-Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires and their Attendants with Coaches Horses and other Accommodations for their Journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at the Court at Oxford the fifth of December 1645. The Letter of the two Speakers For Sir Thomas Glemham Governour of Oxford SIR VVE have received your Letter of the 5 th of this instant December with His Majesties inclosed and have sent back your Trumpet by command of both Houses who will with all convenient speed return an Answer to His Majesty and rest Your Loving Friends Grey of VVark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons His MAJESTIES Message to both Houses in pursuance of the former From Oxford Dec. 15. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the Dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising these Arms hath been only for the necessary defence of God's true Religion His Majesties Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the Persons mentioned in His Majesties Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace a thing so far from having been at any time denied by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no Discouragements whatsoever shall make Him fail of His part in doing his uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn 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 Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear 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 from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth 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 of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates
to manifest his real Intentions for the setling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm Peace which all honest men desire assuring them that as he will make no other Demands but such as he believes confidently to be just and much conducing to the Tranquility of his People so he will be most willing to condescend to them in whatsoever shall be really for their good and Happiness Not doubting likewise but you will also have a due regard to maintain the just Power of the Crown according to your many Protestations and Professions For certainly except King and People have reciprocal care each of other neither can be happy To conclude 'T is your KING Who desires to be heard the which if refused to a Subject by a King he would be thought a Tyrant for it and for that end which all men profess to desire Wherefore his Majesty conjures you as you desire to shew your selves really what you profess even as you are good Christians and Subjects that you will accept this his Offer which he is confident God will so bless that it will be the readiest means by which these Kingdoms may again become a comfort to their Friends and a terror to their Enemies Newcastle 20. Decemb. 1646. His MAJESTIES Quaeres to the Scots Commissioners upon Thursday the 14. of January 1646-7 IT is a received Opinion by many That Ingagements Acts or Promises of a restrained Person are neither valid nor obligatory How true or false this is I will not now dispute But I am sure if I be not free I am not fit to answer your or any Propositions Wherefore you should first resolve Me in what state I stand as in relation to Freedom before I can give you any other Answer The Reason of this My Question the Governour can best resolve you But if you object the loss of time and urgency of it certainly in one respect it presses none so much as My self which makes Me also think it necessary that I be not to seek what to do when this Garrison shall be surrendred up to demand of you in case I go into Scotland if I shall be there with Honour Freedom and Safety or how Being ready to give you a farther and more particular Answer how soon you shall have resolved these two Quaeres The Scots Commissioners Answer to His MAJESTIES Quaeres Thursday the 14. of Jan. 1646-47 I. TO the First In what state You stand as in relation to Freedom The Parliaments of both Your Kingdoms have given such Orders and Directions as they have thought fittest for the good and safety of Your Majesty and the Kingdoms to the General and Governour II. To Your Majesties Second Quaere of Your going into Scotland we shall humbly desire That we may not now be put to give any Answer But if Your Majesty shall either deny or delay Your Assent to the Propositions we are in that case to represent to Your Majesty the Resolutions of the Parliament of England His MAJESTIES Reply to the Scots Commissioners I Know very well That the General and Governour have received Orders concerning Me but the question is Into what state those Orders put Me as relating to Freedom To which you have either Power to Answer or not If you have then Answer Me otherwise send to those who can And so for my Second Quaere His MAJESTIES Message to both Houses in farther Answer to their Propositions From Holdenby May 12. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Lauderdale hath been at London above these Ten days whose not coming was said to be the onely stop hath caused his Majesty thus to anticipate their coming to him And yet considering his Condition that his Servants are denied access to him all but very few and those by appointment not his own election and that it is declared a Crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say That he is not in case fit to make Concessions or give Answers since he is not master of those ordinary Actions which are the undoubted Rights of any free-born man how mean soever his Birth be And certainly he would still be silent as to this Subject until his Condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting Peace in all his Dominions before any particular of his own or any earthly Blessing and therefore his Majesty hath diligently employed his utmost Endeavours for divers months past so to inform his Understanding and to satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most agreeable to his Parliaments but he ingenuously professes that not withstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his People and without putting the greatest violence upon his own Conscience he cannot give his Consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to express his readiness to grant what he may and his willingness to receive from them and that Personally if his two Houses at VVestminster shall approve thereof such further information in the rest as may best convince his Judgment and satisfie those Doubts which are not yet clear unto him desiring them also to consider That if his Majesty intended to wind himself out of these Troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards chuse his time to break all alledging That forc'd Concessions are not to be kept Surely he might and not incur a hard Censure from some indifferent men But Maximes in this kind are not the Guides of his Majesties Actions for he freely and clearly avows that he holds it unlawful for any man and most base in a King to recede from his Promises for having been obtained by force or under restraint Wherefore his Majesty not onely rejecting those Acts which he esteems unworthy of him
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
Table at Hampton-Court Nov. 11. 1647. CHALLES R. LIberty being that which in all Times hath been but especially now is the common Theme and Desire of all men common Reason shews That Kings less then any should endure Captivity And yet I call God and the World to Witness with what Patience I have endured a tedious Restraint which so long as I had any hopes that this sort of My Suffering might conduce to the Peace of My Kingdoms or the hindring of more effusion of Blood I did willingly undergoe But now finding by two certain proofs that this My continued Patience would not only turn to My Personal Ruine but likewise be of much more prejudice then furtherance to the Publick Good I thought I was bound as well by Natural as Political Obligations to seek my Safety by Retiring My self for some time from the publick View both of My Friends and Enemies And I appeal to all indifferent men to judge if I have not just cause to free My self from the hands of those who change their Principles with their Condition and who are not ashamed openly to intend the Destruction of the Nobility by taking away their Negative Voice and with whom the Levellers Doctrine is rather countenanced then punished and as for their intentions to My Person their changing and putting more strict Guards upon Me with the discharging most of all those Servants of Mine who formerly they willingly admitetd to wait upon Me does sufficiently declare Nor would I have this My Retirement misinterpreted for I shall earnestly and uncessantly endeavour the setling of a safe and well-grounded Peace where-ever I am or shall be and that as much as may be without the effusion of more Christian Blood for which how many times have I desired prest to be heard and yet no ear given to Me and can any Reasonable man think that according to the ordinary course of affairs there can be a setled Peace without it or that God will bless those who refuse to hear their own King Surely no. Nay I must further add that besides what concerns My self unless all other chief Interests have not only a hearing but likewise just satisfaction given unto them to wit the Presbyterians Independants Army those who have adhered to Me and even the Scots I say there cannot I speak not of Miracles it being in My Opinion a sinful presumption in such cases to expect or trust to them be a safe or lasting Peace Now as I cannot deny but My Personal Security is the urgent cause of this My Retirement so I take God to witness that the Publick Peace is no less before My Eyes and I can find no better way to express this My Profession I know not what a wiser man may do then by desiring and urging that all chief Interests may be heard to the end each may have just Satisfaction As for example the Army for the rest though necessary yet I suppose are not difficult to content ought in My Judgment to enjoy the Liberty of their Consciences have an Act of Oblivion or Indemnity which should extend to all the rest of My Subjects and that all their Arrears should be speedily and duly paid which I will undertake to do so I may be heard and that I be not hindred from using such Lawful and honest means as I shall chuse To conclude let Me be heard with Freedom Honour and Safety and I shall instantly break through this Cloud of Retirement and shew My self really to be Pater Patriae Hampton-Court 11. Novemb. 1647. His MAJESTIES Message to both Houses with Propositions Novemb. 17. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty is confident that before this time his two Houses of Parliament have received the Message which he left behind him at Hampton-Court the eleventh of this Month by which they will have understood the Reasons which enforced him to go from thence as likewise his constant endeavours for the setling of a safe and well-grounded Peace wheresoever he should be And being now in a place where he conceives himself to be at much more Freedom and Security then formerly he thinks it necessary not only for making good of his own Professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to his two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Arch-bishops Bishops c. His Majesty cleary professeth that he cannot give his consent thereunto both in relation as he is a Christian and a King For the first he avows that he is satisfied in his Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the World until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the Wisdom of his Ancestors as the great preserver of Doctrine Discipline and Order in the Service of God As a King at his Coronation he hath not only taken a solemn Oath to maintain this Order but his Majesty and his Predecessors in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of their Subjects And yet he is willing it be provided that the particular Bishops perform the several Duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their Powers in all things be so limited that they be not grievous to tender Consciences Wherefore since his Majesty is willing to give ease to the Consciences of others he sees no reason why he alone and those of his Judgment should be pressed to a violation of theirs Nor can his Majesty consent to the Alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacriledge as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which his Majesty is very unwilling to undergoe and besides the matter of Conscience His Majesty believes it to be a prejudice to the Publick good many of his Subjects having the benefit of renewing Leases at much easier Rates then if those Possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and Industry when such eminent rewards shall be taken away which now lye open to the Children of meanest Persons Yet his Majesty considering the great present
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
to his Majesty in the Isle of Wight Die Jovis 3. Aug. 1648. Instruction from both Houses of the Parliament of England for James Earl of Middlesex Sir John Hippesley Knight and John Bulkeley Esquire Committees of Parliament I. YOu or any two of you whereof one to be a Lord shall with all speed repair unto his Majesty at the Castle of Carisbook in the Isle of Wight II. You or any two of you whereof one to be a Lord shall present unto his Majesty the Resolutions of both Houses of Parliament concerning a Personal Treaty to be had with his Majesty in the Isle of Wight III. You or any two of you whereof one to be a Lord shall desire his Majesties speedy Answer to the said Resolutions IV. You or any two of you whereof one to be a Lord are to acquaint his Majesty that you are only allotted ten days from Friday next for your Going Stay and Return V. You or any two of you whereof one to be a Lord shall have power in case his Majesty desires to see the Propositions which were presented to him at Hampton-Court to present him a Copy of them His MAJESTIES Message in Answer to the Votes Carisbrooke 10. Aug. 1648. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster CHARLES R. IF the Peace of my Dominions were not much dearer to me than any particular Interest whatsoever I had too much reason to take notice of the several Votes which passed against me and the sad Condition I have been in now above these seven Months But since you my two Houses of Parliament have opened as it seems to me a fair beginning to a happy Peace I shall heartily apply my self thereunto and to that end I will as clearly and shortly as I may set you down those things which I conceive necessary to this blessed Work so that we together may remove all impediments that may hinder a happy conclusion of this Treaty which with all chearfulness I do embrace And to this wished End your selves have laid most excellent grounds For what can I reasonably expect more then to Treat with Honour Freedom and Safety upon such Propositions as you have or shall present unto me and such as I shall make to you But withal remember that it is the definition not names of things which make them rightly known and that without means to perform no Propositions can take effect And truly my present Condition is such that I can no more Treat then a blind man judge of colours or one run a race who hath both his feet fast tied together Wherefore my first necessary Demand is That you will recal all such Votes and Orders by which people are frighted from coming writing or speaking freely to me Next that such men of all Professions whom I shall send for as of necessary use to me in this Treaty may be admitted to wait upon me In a word that I may be in the same state of Freedom I was in when I was last at Hampton-Court And indeed less cannot in any reasonable measure make good those Offers which you have made me by your Votes For how can I Treat with Honour so long as people are terrified with Votes and Orders against coming to speak or write to me and am I honourably treated so long as there is none about me except a Barber who came now with the Commissioners that ever I named to wait upon me or with Freedom until I may call such unto me of whose services I shall have use in so great and difficult a Work And for Safety I speak not of my Person having no apprehension that way how can I judge to make a safe and well grounded Peace until I may know without disguise the true present state of all my Dominions and particularly of all those whose Interests are necessarily concerned in the Peace of these Kingdoms Which leads me naturally to the last necessary Demand I shall make for the bringing this Treaty to an happy end which is That you alone or you and I joyntly do invite the Scots to send some persons authorized by them to Treat upon such Propositions as they shall make For certainly the publick and necessary Interests they have in this great Settlement is so clearly plain to all the World that I believe no body will deny the necessity of their concurrence in this Treaty in order to a durable Peace Wherefore I will only say that as I am King of both Nations so I will yield to none in either Kingdom for being truly and zealously affected for the good and honour of both my Resolution being never to be partial for either to the prejudice of the other Now as to the Place because I conceive it to be rather a circumstantial than real part of this Treaty I shall not much insist upon it I name Newport in this Isle yet the fervent zeal I have that a speedy end be put to these unhappy Distractions doth force me earnestly to desire you to consider what a great loss of time it will be to Treat so far from the body of my two Houses when every small debate of which doubtless there will be many must be transmitted to Westminster before it be concluded And really I think though to some it may seem a Paradox that peoples minds will be much more apt to settle seeing me Treat in or near London than in this Isle because so long as I am here it will never be believed by many that I am really so free as before this Treaty begin I expect to be And so I leave and recommend this point to your serious consideration And thus I have not only fully accepted of the Treaty which you have proposed to me by your Votes of the third of this Month but also given it all the furtherance that lies in me by demanding the necessary means for the effectual performance thereof All which are so necessarily implied by though not particularly mentioned in your Votes as I can no ways doubt of your ready compliance with me herein I have now no more to say but to conjure you by all that is dear to Christians honest men or good Patriots that ye will make all the Expedition possible to begin this happy Work by hastning down your Commissioners fully authorized and well instructed and by enabling me as I have shewed you to Treat praying the God of Peace so to bless our endeavours that all my Dominions may speedily enjoy a safe and well-grounded Peace CHARLES R. Carisbrook Aug. 10. 1648. A Letter from the Speaker of both Houses to His Majesty Aug. 25. 1648. With Votes in order to a Treaty May it please Your Majesty WE are commanded by Your Majesties loyal Subjects the Lords and Commons in Parliament assembled to present unto Your Majesty these Resolutions inclosed which are the results of the said Lords and Commons upon
is more than an even lay that they may one day see themselves punished by that way they offended Had this Parliament as it was in its first Election and Constitution sate full and free the Members of both Houses being left to their freedom of Voting as in all Reason Honour and Religion they should have been I doubt not but things would have been so carried as would have given no less content to all good men than they wished or expected For I was resolved to hear Reason in all things and to consent to it so far as I could comprehend it But as Swine are to Gardens and orderly Plantations so are Tumults to Parliaments and Plebeian Concourses to publick Counsels turning all into Disorders and sordid Confusions I am prone sometimes to think that had I called this Parliament to any other place in England as I might opportunely enough have done the sad Consequences in all likelihood with Gods Blessing might have been prevented A Parliament would have been welcom in any place no place afforded such confluence of various and vicious humours as that where it was unhappily convened But we must leave all to God who orders our Disorders and magnifies his Wisdom most when our Follies and miseries are most discovered But thou O Lord art my refuge and defence to Thee I may safely fly who rulest the raging of the Sea and the Madness of the People The floods O Lord the floods are come in upon Me and are ready to overwhelm Me. I look upon My Sins and the Sins of My People which are the tumults of our Souls against Thee O Lord as the just cause of these Popular inundations which Thou permittest to over-bear all the banks of Loyalty Modesty Laws Justice and Religion But Thou that gatheredst the waters into one place and madest the dry land to appear and after didst asswage the Flood which drowned the World by the word of thy power rebuke those Beasts of the People and deliver Me from the Rudeness and strivings of the Multitude Restore we beseech Thee unto us the freedoms of our Councels and Parliaments make us unpassionately to see the light of Reason and Religion and with all order and gravity to follow it as it becomes Men and Christians so shall we praise thy Name who art the God of Order and Counsel What man cannot or will not repress thy Omnipotent Justice can and will O Lord give them that are yet living a timely sense and sorrow for their great sin whom Thou knowest guilty of raising or not suppressing those Disorders Let Shame here and not Suffering hereafter be their Punishment Set bounds to our Passions by Reason to our Errors by Truth to our Seditions by Laws duly executed and to our Schisms by Charity that we may be as thy Jerusalem a City at unity in it self This grant O my God in thy good time for Jesus Christ's sake Amen V. Vpon His MAJESTIES passing the Bill for the Triennial Parliaments and after setling this during the pleasure of the Two Houses THAT the World might be fully confirmed in my purposes at first to contribute what in Justice Reason Honour and Conscience I could to the happy success of this Parliament which had in Me no other design but the general Good of my Kingdoms I willingly passed the BILL for Triennial Parliaments which as gentle and seasonable Physick might if well applied prevent any distempers from getting any head or prevailing especially if the Remedy proved not a Disease beyond all remedy I conceived this Parliament would find work with convenient recesses for the first three years but I did not imagine that some men would thereby have occasioned more work than they found to do by undoing so much as they found well done to their hands Such is some mens activity that they will needs make work rather than want it and chuse to be doing amiss rather than do nothing When that first Act seemed too scanty to satisfie some mens Fears and compass publick Affairs I was perswaded to grant that BILL of Sitting during the pleasure of the Houses which amounted in some mens sense to as much as the perpetuating this Parliament By this Act of highest Confidence I hoped for ever to shut out and lock the door upon all present Jealousies and future Mistakes I confess I did not thereby intend to shut My self out of doors as some men have now requited Me. True it was an Act unparallel'd by any of my Predecessors yet cannot in reason admit of any worse interpretation than this of an extreme Confidence I had that My Subjects would not make ill use of an Act by which I declared so much to trust them as to deny My self in so high a point of my Prerogative For good Subjects will never think it just or fit that My condition should be worse by my bettering theirs Nor indeed would it have been so in the events if some men had known as well with moderation to use as with earnestness to desire advantages of doing good or evil A continual Parliament I thought would but keep the Common-weal in tune by preserving Laws in their due execution and vigor wherein My interest lies more than any mans since by those Laws My Rights as a KING would be preserved no less than My Subjects which is all I desired More than the Law gives Me I would not have and less the meanest Subject should not Some as I have heard gave it out that I soon repented Me of that setling Act and many would needs perswade Me I had cause so to do but I could not easily nor suddenly suspect such ingratitude in men of Honour that the more I granted them the less I should have and enjoy with them I still counted My self undiminished by My largest Concessions if by them I might gain and confirm the love of my People Of which I do not yet despair but that God will still bless Me with increase of it when Men shall have more leisure and less prejudice that so with unpassionate representations they may reflect upon those as I think not more Princely than friendly contributions which I granted towards the perpetuating of their Happiness who are now only miserable in this That some mens ambition will not give them leave to enjoy what I intended for their good Nor do I doubt but that in Gods due time the Loyal and cleared affections of My People will strive to return such retributions of Honour and Love to Me or My Posterity as may fully compensate both the acts of My Confidence and My Sufferings for them which God knows have been neither few nor small nor short occasioned chiefly by a perswasion I had that I could not grant too much or distrust too little to men that being professedly My Subjects pretended singular Piety and Religious strictness The Injury of all Injuries is that which some men will needs load Me withal as if were a wilful and resolved Occasioner of
learned to thirst the more by how much the more they drank whom no fountain of Royal Bounty was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but Force and Terror as to beasts to drive and compel men to assent to whatever tumultuary Patrons shall project He deserves to be a Slave without pity or redemption that is content to have the Rational soveraignty of his Soul and liberty of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that Freedom which cannot be denied Me as a King because it belongs to Me as a Man and a Christian owning the dictates of none but God to be above Me as obliging Me to consent Better for Me to die enjoying this Empire of my Soul which subjects Me only to God so far as by Reason or Religion he directs Me than live with the Title of a King if it should carry such a vassalage with it as not to suffer Me to use My Reason and Conscience in which I declare as a King to like or dislike So far am I from thinking the Majesty of the Crown of England to be bound by any Coronation-Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require as some men will needs infer while denying me any power of a Negative voice as King they are not ashamed to seek to deprive Me of the liberty of using My Reason with a good Conscience which themselves and all the Commons of England enjoy proportionable to their influence on the publick who would take it very ill to be urged not to deny whatever My self as King or the House of Peers with Me should not so much desire as enjoyn them to pass I think My Oath fully discharged in that point by my Governing only by such Laws as My People with the House of Peers have chosen and My self consented to I shall never think My self conscientiously tied to go as oft against My Conscience as I should consent to such new Proposals which My reason in Justice Honour and Religion bids Me deny Yet so tender I see some men are of their being subject to Arbitrary Government that is the Law of anothers will to which themselves give no consent that they care not with how much dishonour and absurdity they make their King the only man that must be subject to the will of others without having power left him to use his own Reason either in Person or by any Representation And if my dissentings at any time were as some have suspected and uncharitably avowed out of Error Opinionativeness Weakness or Wilfulness and what they call Obstinacy in Me which not true Judgment of things but some vehement Prejudice or Passion hath fixed on My Mind yet can no man think it other than the badg and method of Slavery by savage Rudeness and importunate obtrusions of Violence to have the mist of his Error and Passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his Intentions will excuse the possible failings of his Understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their defects of Reason and convincing Arguments who call in the assistance of mere force to carry on the weakness of their Counsels and Proposals I may in the truth and uprightness of my Heart protest before God and Men that I never wilfully opposed or denied any thing that was in a fair way after full and free debates propounded to Me by the Two Houses further than I thought in good Reason I might and was bound to do Nor did any thing ever please Me more than when My Judgment so concurred with theirs that I might with good Conscience consent to them yea in many things where not absolute and moral necessity of Reason but temporary convenience on point of Honour was to be considered I chose rather to deny My self than them as preferring that which they thought necessary for My Peoples good before what I saw but convenient for My self For I can be content to recede much from My own Interests and Personal Rights of which I conceive My self to be Master but in what concerns Truth Justice the Rights of the Church and my Crown together with the general good of my Kingdoms all which I am bound to preserve as much as morally lies in Me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lye nor will I be brought to affirm that to Men which in my Conscience I denied before God I will rather chuse to wear a Crown of Thorns with My Saviour than to exchange that of Gold which is due to Me for one of Lead whose embased flexibleness shall be forced to bend and comply to the various and oft contrary dictates of any Factions when in stead of Reason and Publick Concernments they obtrude nothing but what makes for the interest of Parties and flows from the partialities of private Wills and Passions I know no resolutions more worthy a Christian King than to prefer his Conscience before his Kingdoms O my God preserve thy Servant in this Native Rational and Religious Freedom for this I believe is thy will that we should maintain who though Thou dost justly require us to submit our Vnderstandings and Wills to thine whose Wisdom and Goodness can neither err nor misguide us and so far to deny our carnal Reason in order to thy Sacred Mysteries and Commands that we should believe and obey rather than dispute them yet dost Thou expect from us only such a reasonable Service of Thee as not to do any thing for Thee against our Consciences and as to the desires of men enjoinest us to try all things by the touch-stone of Reason and Laws which are the Rules of Civil Justice and to declare our Consents to that only which our Judgments approve Thou knowest O Lord how unwilling I was to desert that place in which Thou hast set Me and whereto the Affairs of My Kingdoms at present do call Me. My People can witness how far I have been content for their good to deny My self in what Thou hast subjected to My disposal O let not the unthankful importunities and Tumultuary Violence of some mens Immoderate demands ever betray Me to that dangerous and unmanly slavery which should make Me strengthen them by my Consent in those things which I
patience as bad as my worst Enemies can falsly say and I hope I shall still do better than they desire or deserve I should I believe it will at last appear that they who first began to embroil my other Kingdoms are in great part guilty if not of the first letting out yet of the not timely stopping those horrid effusions of blood in Ireland Which whatever my Enemies please to say or think I look upon as that of my other Kingdoms exhausted out of My own veins no man being so much weakned by it as My self And I hope tho mens unsatiable Cruelties never will yet the Mercy of God will at length say to his Justice It is enough and command the Sword of Civil wars to sheath it self his merciful Justice intending I trust not our utter Confusion but our Cure the abatement of our Sins not the desolating of these Nations O my God let those infinite Mercies prevent us once again which I and My Kingdoms have formerly abused and can never deserve should be restored Thou seest how much Cruelty among Christians is acted under the colour of Religion as if we could not be Christians unless we crucifie one another Because we have not more loved thy Truth and practised in Charity Thou hast suffered a spirit of Error and bitterness of mutual and mortal Hatred to rise among us O Lord forgive wherein we have sinned and sanstifie what we have suffered Let our Repentance be our Recovery as our great Sins have been onr Ruine Let not the Miseries I and My Kingdoms have hitherto suffered seem small to Thee but make our Sins appear to our Consciences as they are represented in the glass of thy Judgments for Thou never punishest small failings with so severe Afflictions O therefore according to the multitude of thy great Mercies pardon our Sins and remove thy Judgments which are very many and very heavy Yet let our Sins be ever more grievous to us than thy Judgments and make us more willing to repent than to be relieved first give us the Peace of penitent Consciences and then the tranquillity of united Kingdoms In the sea of our Saviours Blood drown our Sins and through this Red sea of our own blood bring us at last to a state of Piety Peace and Plenty As My publick relations to all make Me share in all My Subjects sufferings so give Me such a pious sense of them as becomes a Christian King and a loving Father of My People Let the scandalous and unjust Reproaches cast upon Me be as a breath more to kindle My Compassion Give Me grace to heap Charitable coals of fire upon their heads to melt them whose Malice or cruel Zeal hath kindled or hindred the quenching of those Flames which have so much wasted My Three Kingdoms O rescue and assist those poor Protestants in Ireland whom Thou hast hitherto preserved And lead those in the ways of Thy saving Truths whose Ignorance or Errors have filled them with Rebellious and destructive Principles which they act under an opinion that they do Thee good service Let the hand of Thy Justice be against those who maliciously and despitefully have raised or fomented those cruel and desperate Wars Thou art far from destroying the innocent with tho guilty and the erroneous with the malicious thou that hadst pity on Nineveh for the many Children that were therein give not over the whole stock of that populous and seduced Nation to the wrath of those whose Covetousness makes them Cruel nor to their Anger which is too fierce and therefore justly cursed Preserve if it be thy will in the midst of the furnace of thy severe Justice a Posterity which may praise Thee for Thy Mercy And deal with Me not according to mans unjust Reproaches but according to the Innocency of My hands in Thy sight If I have desired or delighted in the woful day of My Kingdoms Calamities if I have not earnestly studied and faithfully endeavoured the preventing and composing of these bloody Distractions then let thy hand be against Me and My Fathers house O Lord Thou seest I have Enemies enough of men as I need not so I should not dare thus to imprecate Thy Curse on Me and Mine if My Conscience did not witness my Integrity which Thou O Lord knowest right well But I trust not to My own Merit but thy Mercies Spare us O Lord and be not angry with us for ever XIII Vpon the calling in of the SCOTS and their Coming THE Scots are a Nation upon whom I have not only common ties of Nature Soveraignty and Bounty with my Father of Blessed memory but also special and late obligations of Favours having gratified the active Spirits among them so far that I seemed to many to prefer the desires of that Party before My own Interest and Honour But I see Royal bounty emboldens some men to ask and act beyond all bounds of Modesty and Gratitude My Charity and Act of Pacification forbids Me to reflect on former passages wherein I shall ever be far from letting any mans ingratitude or inconstancy make Me repent of what I granted them for the publick good I pray God it may so prove The coming again of that Party into England with an Army only to conform this Church to their late New model cannot but seem as unreasonable as they would have thought the same measure offered from hence to themselves Other Errand I could never understand they had besides those common and vulgar flourishes for Religion and Liberty save only to confirm the Presbyterian Copy they had set by making this Church to write after them tho it were in bloody Characters Which Design and End whether it will justifie the use of such violent Means before the Divine Justice I leave to their Consciences to judg who have already felt the misery of the Means but not reaped the benefit of the End either in this Kingdom or that Such knots and crosness of grain being objected here as will hardly suffer that Form which they cry up as the only just Reformation and setling of Government and Discipline in Churches to go on so smoothly here as it might do in Scotland and was by them imagined would have done in England when so many of the English Clergy through levity or discontent if no worse Passion suddenly quitted their former engagements to Episcopacy and faced about to their Presbytery It cannot but seem either Passion or some Self-seeking more than true Zeal and pious Discretion for any foreign State or Church to prescribe such medicines only for others which themselves have used rather successfully than commendably not considering that the same Physick on different constitutions will have different operations that may kill one which doth but cure another Nor do I know any such tough and malignant Humours in the constitution of the English Church which gentler applications than those of an Army might not easily have removed Nor is it so proper to hew out
their known Rule and wonted Practice to comply with the Humours of those men who aim to subdue all to their own Will and Power under the disguises of Holy Combinations Which cords and withes will hold mens Consciences no longer than Force attends and twists them For every man soon grows his own Pope and easily absolves himself of those ties which not the commands of God's Word or the Laws of the Land but only the subtilty and terror of a Party casts upon him either superfluous and vain when they were sufficiently tied before or fraudulent and injurious if by such after-ligaments they find the Imposers really aiming to dissolve or suspend their former just and necessary Obligations Indeed such Illegal ways seldom or never intend the engaging men more to Duties but only to Parties therefore it is not regarded how they keep their Covenants in point of Piety pretended provided they adhere firmly to the Party and Design intended I see the Imposers of it are content to make their Covenant like Manna not that it came from Heaven as this did agreeable to every mans palate and relish who will but swallow it They admit any mens senses of it tho divers or contrary with any Salvo's Cautions and Reservations so as they cross not their chief Design which is laid against the Church and Me. It is enough if they get but the reputation of a seeming encrease to their Party So little do men remember that God is not mocked In such latitudes of sense I believe many that love Me and the Church well may have taken the Covenant who yet are not so fondly and superstitiously taken by it as now to act clearly against both all Piety and Loyalty who first yielded to it more to prevent that imminent Violence and Ruine which hung over their heads in case they wholy refused it than for any value of it or devotion to it Wherein the latitude of some general clauses may perhaps serve somewhat to relieve them as of Doing and endeavouring what lawfully they may in their Places and Callings and according to the Word of God For these indeed carry no man beyond those bounds of good Conscience which are certain and fixed either in Gods Laws as to the general or the Laws of the State and Kingdom as to the particular regulation and exercise of mens duties I would to God such as glory most in the name of Covenanters would keep themselves within those lawful bounds to which God hath called them surely it were the best way to expiate the rashness of taking it which must needs then appear when besides the want of a full and lawful Authority at first to enjoyn it it shall actually be carried on beyond and against those Ends which were in it specified and pretended I willingly forgive such mens taking the Covenant who keep it within such bounds of Piety Law and Loyalty as can never hurt either the Church My self or the Publick Peace against which no mans lawful Calling can engage him As for that Reformation of the Church which the Covenant pretends I cannot think it just or comely that by the partial Advice of a few Divines of so soft and servile tempers as disposed them to so sudden acting and compliance contrary to their former Judgments Profession and Practice such foul Scandals and Suspicions should be cast upon the Doctrine and Government of the Church of England as was never done that I have heard by any that deserved the name of Reformed Churches abroad nor by any men of Learning and Candor at home all whose Judgments I cannot but prefer before any mens now factiously engaged No man can be more forward than My self to carry on all due Reformations with mature Judgment and a good Conscience in what things I shall after impartial advice be by God's Word and right Reason convinced to be amiss I have offered more than ever the fullest freest and wisest Parliaments did desire But the sequel of some mens Actions makes it evident that the main Reformation intended is The abasing of Episcopacy into Presbytery and the robbing the Church of its Lands and Revenues For no men have been more injuriously used as to their legal Rights than the Bishops and Church-men These as the fattest Deer must be destroyed the other Rascal-herd of Schisms Heresies c. being lean may enjoy the benefit of a Toleration Thus Naboth's Vineyard made him the only Blasphemer of his City and fit to dye Still I see while the breath of Religion fills the Sails Profit is the Compass by which Factious men steer their course in all seditious Commotions I thank God as no man lay more open to the Sacrilegious temptations of usurping the Churches Lands and Revenues which issuing chiefly from the Crown are held of it and legally can revert only to the Crown with My Consent so I have always had such a perfect abhorrence of it in my Soul that I never found the least inclination to such Sacrilegious Reformings yet no man hath a greater desire to have Bishops and all Church-men so reformed that they may best deserve and use not only what the pious Munificence of My Predecessors hath given to God and the Church but all other additions of Christian Bounty But no necessity shall ever I hope drive Me or Mine to invade or sell the Priests Lands which both Pharaoh's divinity and Joseph's true Piety abhorred to do So unjust I think it both in the eye of Reason and Religion to deprive the most Sacred Employment of all due encouragements and like that other hard-hearted Pharaoh to withdraw the Straw and encrease the Task so pursuing the oppressed Church as some have done to the Red sea of a Civil War where nothing but a Miracle can save either It or Him who esteems it his greatest Title to be called and his chiefest glory to be The Desender of the Church both in its true Faith and its just Fruitions equally abhorring Sacriledg and Apostasy I had rather live as My Predecessor Henry the Third sometime did on the Churches Alms than violently to take the bread out of Bishops and Ministers mouths The next work will be Jeroboam's Reformation consecrating the meanest of the People to be Priests in Israel to serve those Golden Calves who have enriched themselves with the Churches Patrimony and Dowry which how it thrived both with Prince Priests and People is well enough known And so it will be here when from the tuition of Kings and Queens which have been nursing Fathers and Mothers of this Church it shall be at their allowance who have already discovered what hard Fathers and Stepmothers they will be If the Poverty of Scotland might yet the Plenty of England cannot excuse the Envy and Rapine of the Churches Rights and Revenues I cannot so much as pray God to prevent those sad Consequences which will inevitably follow the Parity and Poverty of Ministers both in Church and State since I think it no less
I am afflicted by those whose Prosperity I earnestly desire and whose Seduction I heartily deplore If they had been my open and forein Enemies I could have born it bur they must be my own Subjects who are next to my Children dear to Me and for the restoring of whose Tranquility I could willingly be the Jonah if I did not evidently foresee that by the divided Interests of their and Mine Enemies as by contrary winds the storm of their Miseries would be rather encreased than allayed I had rather prevent my Peoples Ruine than rule over them nor am I so ambitious of that Dominion which is but my Right as of their Happiness if it could expiate or countervail such a way of obtaining it by the highest Injuries of Subjects committed against their Soveraign Yet I had rather suffer all the miseries of Life and die many Deaths than shamefully to desert or dishonourably to betray my own just Rights and Soveraignty thereby to gratify the Ambition or justifie the Malice of my Enemies between whose Malice and other mens Mistakes I put as great a difference as between an ordinary Ague and the Plague or the Itch of Novelty and the Leprosie of Disloyalty As Liars need have good memories so Malicious persons need good inventions that their Calumnies may fit every mans fancy and what their Reproaches want of truth they may make up with number and shew My Patience I thank God will better serve Me to bear and my Charity to forgive than my Leisure to answer the many false aspersions which some men have cast upon Me. Did I not more consider my Subjects Satisfaction than My own Vindication I should never have given the Malice of some men that pleasure as to see Me take notice of or remember what they say or object I would leave the Authors to be punished by their own evil Manners and seared Consciences which will I believe in a shorter time than they be aware of both confute and revenge all those black and false Scandals which they have cast on Me and make the world see there is as little truth in them as there was little worth in the broaching of them or Civility I need not say Loyalty in the not-suppressing of them whose credit and reputation even with the People shall ere long be quite blasted by the breath of that same fornace of Popular obloquy and detraction which they have studied to heat and inflame to the highest degree of infamy and wherein they have sought to cast and consume my Name and Honour First nothing gave Me more cause to suspect and search My own Innocency than when I observed so many forward to engage against Me who had made great professions of singular Piety For this gave to vulgar minds so bad a reflection upon Me and My Cause as if it had been impossible to adhere to Me and not withal depart from God to think or speak well of Me and not to blaspheme him so many were perswaded that these two were utterly inconsistent to be at once Loyal to Me and truly Religious toward God Not but that I had I thank God many with Me which were both Learned and Religious much above that ordinary size and that vulgar proportion wherein some men glory so much who were so well satisfied in the cause of my Sufferings that they chose rather to suffer with Me than forsake Me. Nor is it strange that so religious Pretensions as were used against Me should be to many well-minded men a great temptation to oppose Me especially being urged by such popular Preachers as think it no sin to lye for God and what they please to call Gods Cause cursing all that will not curse with them looking so much at and crying up the goodness of the End propounded that they consider not the lawfulness of the Means used nor the depth of the Mischief chiefly plotted and intended The weakness of these mens Judgments must be made up by their Clamors and activity It was a great part of some mens Religion to scandalize Me and Mine they thought theirs could not be true if they cryed not down Mine as false I thank God I have had more tryal of his Grace as to the constancy of My Religion in the Protestant profession of the Church of England both abroad and at home than ever they are like to have Nor do I know any Exception I am so lyable to in their opinion as too great a Fixedness in that Religion whose judicious and solid grounds both from Scripture and Antiquity will not give My Conscience leave to approve or consent to those many dangerous and divided Innovations which the bold ignorance of some men would needs obtrude upon Me and My People Contrary to those well-tryed foundations both of Truth and Order which men of far greater Learning and clearer Zeal have setled in the Confession and Constitution of this Church in England which many former Parliaments in the most calm and unpassionate times have oft confirmed in which I should ever by Gods help persevere as believing it hath most of Primitive Truth and Order Nor did My using the assistance of some Papists which were my Subjects any way fight against My Religion as some men would needs interpret it especially those who least of all men cared whom they imployed or what they said or did so they might prevail 'T is strange that so wise men as they would be esteemed should not conceive that differences of perswasion in matters of Religion may easily fall out where there is the sameness of Duty Allegiance and Subjection The first they owe as Men and Christians to God the second they owe to Me in common as their KING Different professions in point of Religion cannot any more than in civil Trades take away the community of Relations either to Parents or to Princes And where is there such an Oglio or medly of various Religions in the World again as those men entertain in their service who find most fault with Me without any scruple as to the diversity of their Sects and Opinions It was indeed a foul and indeleble shame for such as would be counted Protestants to enforce Me a declared Protestant their Lord and King to a necessary use of Papists or any other who did but their duty to help Me to defend My self Nor did I more than is lawful for any King in such exigents to use the aid of any his Subjects I am sorry the Papists should have a greater sense of their Allegiance than many Protestant Professors who seem to have learned and to practise the worst Principles of the worst Papists Indeed it had been a very impertinent and unseasonable scruple in Me and very pleasing no doubt to My Enemies to have been then disputing the points of different Beliefs in My Subjects when I was disputed with by Swords points and when I needed the help of My Subjects as Men no less than their Prayers as Christians The
by my great Peace-maker Jesus Christ who will I trust redeem Me shortly out of all My Troubles for I know the triumphing of the Wicked is but short and the joy of Hypocrites is but for a moment XX. Vpon the Reformations of the Times NO Glory is more to be envied than that of due Reforming either Church or State when Deformities are such that the Perturbation and Novelty are not like to exceed the benefit of Reforming Altho God should not honour Me so far as to make Me an instrument of so good a work yet I should be glad to see it done As I was well pleased with this Parliaments first intentions to reform what the indulgence of Times and corruption of Manners might have depraved so I am sorry to see after the freedom of Parliament was by factious Tumults oppressed how little regard was had to the good Laws established and the Religion setled which ought to be the first Rule and Standard of Reforming with how much Partiality and popular Compliance the Passions and Opinions of men have been gratified to the detriment of the Publick and the infinite Scandal of the Reformed Religion What dissolutions of all Order and Government in the Church what Novelties of Schisms and corrupt Opinions what Undecencies and Confusions in Sacred Administrations what Sacrilegious invasions upon the Rights and Revenues of the Church what Contempt and Oppressions of the Clergy what injurious Diminutions and Persecutings of Me have followed as showres do warm gleams the talk of Reformation all sober men are Witnesses and with My self sad Spectators hitherto The great miscarriage I think is that Popular clamors and fury have been allowed the Reputation of Zeal and the publick Sense so that the study to please some Parties hath indeed injured all Freedom Moderation and Impartiality are sure the best tempers of Reforming Counsels and endeavours What is acted by Factions cannot but offend more than it pleaseth I have offered to put all differences in Church affairs and Religion to the free consultation of a Synod or Convocation rightly chosen the results of whose Counsels as they would have included the Votes of all so it 's like they would have given most satisfaction to all The Assembly of Divines whom the Two Houses have applied in an unwonted way to advise of Church Affairs I dislike not further than that they are not legally convened and chosen nor act in the name of all the Clergy of England nor with freedom and impartiality can do any thing being limited and confined if not over-awed to do and declare what they do For I cannot think so many men cried up for Learning and Piety who formerly allowed the Liturgy and Government of the Church of England as to the main would have so suddenly agreed quite to abolish both of them the last of which they knew to be of Apostolical institution at least as of Primitive and Universal practice if they had been left to the liberty of their own sussrages and if the influence of contrary Factions had not by secret encroachments of hopes and fears prevailed upon them to comply with so great and dangerous Innovations in the Church without any regard to their own former Judgment and Practice or to the common Interest and Honour of all the Clergy and in them of Order Learning and Religion against examples of all Ancient Churches the Laws in force and My Consent which is never to be gained against so pregnant light as in that point shines on My Understanding For I conceive that where the Scripture is not so clear and punctual in Precepts there the constant and universal Practice of the Church in things not contrary to Reason Faith Good Manners or any positive Command is the best Rule that Christians can follow I was willing to grant or restore to Presbytery what with Reason or Discretion it can pretend to in a conjuncture with Episcopacy but for that wholly to invade the Power and by the Sword to arrogate and quite abrogate the Authority of that Ancient Order I think neither just as to Episcopacy nor safe for Presbytery nor yet any way convenient for this Church or State A due Reformation had easily followed moderate Counsels and such I believe as would have given more content even to the most of those Divines who have been led on with much Gravity and Formality to carry on other mens designs which no doubt many of them by this time discover tho they dare not but smother their frustrations and discontents The specious and popular titles of Christ's Government Throne Scepter and Kingdom which certainly is not divided nor hath two faces as their Parties now have at least as also the noise of a thorough Reformation may as easily be fixed on new models as fair colours may be put to ill-favoured figures The breaking of Church-Windows which time had sufficiently defaced pulling down of Crosses which were but Civil not Religious marks defacing of the Monuments and Inscriptions of the Dead which served but to put Posterity in mind to thank God for that clearer light wherein they live the leaving of all Ministers to their liberties and private abilities in the Publick Service of God where no Christian can tell to what he may say Amen nor what adventure he may make of seeming at least to consent to the Errors Blasphemies and ridiculous Undecencies which bold and ignorant men list to vent in their Prayers Preaching and other Offices the setting forth also of old Catechisms and Confessions of Faith new drest importing as much as if there had been no sound or clear Doctrine of Faith in this Church before some four or five years consultation had matured their thoughts touching their first Principles of Religion All these and the like are the effects of popular specious and deceitful Reformations that they might not seem to have nothing to do and may give some short flashes of content to the Vulgar who are taken with Novelties as Children with Babies very much but not very long but all this amounts not to nor can in Justice merit the glory of the Churches thorough Reformation since they leave all things more deformed disorderly and discontented than when they began in point of Piety Morality Charity and good Order Nor can they easily recompence or remedy the Inconveniencies and Mischiefs which they have purchased so dearly and which have and ever will necessarily ensue till due Remedies be applied I wish they would at last make it their Unanimous work to do Gods work and not their own Had Religion been first considered as it merited much trouble might have been prevented But some men thought that the Government of this Church and State fixed by so many Laws and long Customs would not run into their new moulds till they had first melted it in the fire of a Civil War by the advantages of which they resolved if they prevailed to make My self and all My Subjects fall down and worship the
motives to Repentance and earnest desires to make some reparations for their former defects As Your quality sets you beyond any Duel with any Subject so the Nobleness of Your Mind must raise You above the meditating any Revenge or executing Your Anger upon the many The more conscious You shall be to Your own Merits upon Your People the more prone You will be to expect all Love and Loyalty from them and to inflict no Punishment upon them for former Miscarriages You will have more inward complacency in Pardoning one than in Punishing a thousand This I write to You not despairing of God's Mercy and My Subjects affections towards You both which I hope You will study to deserve yet we cannot merit of God but by his own Mercy If God shall see fit to restore Me and You after Me to those enjoyments which the Laws have assigned to Us and no Subjects without an high degree of Guilt and Sin can divest Us of then may I have better opportunity when I shall be so happy to see You in Peace to let You more fully understand the things that belong to God's Glory Your own Honour and the Kingdoms Peace But if You never see My face again and God will have Me buried in such a barbarous Imprisonment and Obscurity which the perfecting some mens Designs requires wherein few hearts that love Me are permitted to exchange a word or a look with Me I do require and entreat You as Your Father and Your KING that You never suffer Your Heart to receive the least check against or disaffection from the true Religion established in the Church of England I tell You I have tried it and after much search and many Disputes have concluded it to be the best in the world not only in the Community as Christian but also in the special notion as Reformed keeping the middle way between the pomp of Superstitious Tyranny and the meanness of Fantastick Anarchy Not but that the draught being excellent as to the main both for Doctrine and Government in the Church of England some lines as in very good Figures may haply need some sweetning or polishing which might here have easily been done by a safe and gentle hand if some mens Precipitancy had not violently demanded such rude Alterations as would have quite destroyed all the Beauty and Proportions of the whole The scandal of the late Troubles which some may object and urge to You against the Protestant Religion established in England is easily answered to them or Your own thoughts in this That scarce any one who hath been a Beginner or an active Prosecutor of this late War against the Church the Laws and Me either was or is a true Lover Embracer or Practiser of the Protestant Religion established in England which neither gives such Rules nor ever before set such Examples 'T is true some heretofore had the boldness to present threatning Petitions to their Princes and Parliaments which others of the same Faction but of worse Spirits have now put in execution But let not counterfeit and disorderly Zeal abate your value and esteem of true Piety both of them are to be known by their fruits The sweetness of the Vine and Fig-tree is not to be despised tho the Brambles and Thorns should pretend to bear Figs and Grapes thereby to rule over the Trees Nor would I have you to entertain any aversation or dislike of Parliaments which in their right constitution with Freedom and Honour will never injure or diminish your Greatness but will rather be as interchangings of Love Loyalty and Confidence between a Prince and his People Nor would the events of this Black Parliament have been other than such however much biassed by Factions in the Elections if it had been preserved from the Insolencies of Popular dictates and Tumultuary impressions The sad effects of which will no doubt make all Parliaments after this more cautious to preserve that Freedom and Honour which belongs to such Assemblies when once they have fully shaken off this yoke of Vulgar encroachment since the Publick Interest consists in the mutual and common good both of Prince and People Nothing can be more happy for all than in fair grave and honourable ways to contribute their Counsels in common enacting all things by publick consent without Tyranny or Tumults We must not starve our selves because some men have surfeited of wholsom food And if neither I nor You be ever restored to Our Rights but God in his severest Justice will punish My Subjects with continuance in their Sin and suffer them to be deluded with the prosperity of their Wickedness I hope God will give Me and You that Grace which will teach and enable Us to want as well as to wear a Crown which is not worth taking up or enjoying upon sordid dishonourable and irreligious terms Keep You to true Principles of Piety Virtue and Honour You shall never want a Kingdom A Principal point of Your Honour will consist in Your conferring all Respect Love and Protection on Your Mother My Wife who hath many ways deserved well of Me and chiefly in this that having been a means to bless Me with so many hopeful Children all which with their Mother I recommend to your Love and Care She hath been content with incomparable Magnanimity and Patience to suffer both for and with Me and You. My Prayer to God Almighty is whatever becomes of Me who am I thank God wrapt up and fortified in My own Innocency and his Grace that he would be pleased to make You an Anchor or Harbour rather to these tossed and weather-beaten Kingdoms a Repairer by Your Wisdom Justice Piety and Valour of what the Folly and Wickedness of some men have so far ruined as to leave nothing intire in Church or State to the Crown the Nobility the Clergy or the Commons either as to Laws Liberties Estates Order Honour Conscience or Lives When they have destroyed Me for I know not how far God may permit the Malice and Cruelty of My Enemies to proceed and such apprehensions some mens words and actions have already given Me as I doubt not but My Blood will cry aloud for Vengeance to Heaven so I beseech God not to pour out his Wrath upon the generality of the People who have either deserted Me or engaged against Me through the Artifice and hypocrifie of their Leaders whose inward Horror will be their first Tormentor nor will they escape exemplary Judgments For those that loved Me I pray God they may have no miss of Me when I am gone so much I wish and hope that all good Subjects may be satisfied with the Blessings of Your Presence and Virtues For those that repent of any defects in their Duty toward Me as I freely forgive them in the word of a Christian King so I believe You will find them truly zealous to repay with interest that Loyalty and Love to You which was due to Me. In sum what Good I
Bishop of Smyrna Many years after Irenaeus Bishop of Lyons in France whose Writings were never yet called in question by any not only affirms him to have been constituted Bishop of Smyrna by the Apostles but saith That he himself when he was a Boy had seen him a very old man Tertullian next a very ancient Writer affirmeth That he was Bishop of Smyrna there placed by Saint John After cometh Eusebius who in his Ecclesiastical History not only Historically reporteth of his being Bishop there as he doth of other Bishops but citeth also for it the Testimonies both of Ignatius and Irenaeus which by the way giveth good credit to Ignatius his Epistles too Then Hierom also and others lastly attest the same And it cannot be doubted but Eusebius and Hierom had in their times the like certain Testimonies and Grounds for sundry others whom they report to have been Bishops which Testimonies and Records are not all come to our hands For the Testimonies of Clemens and Ignatius His Majesty saith First That tho it be not reasonable that the Testimony of one single Epistle should be so made the adequate measure of Clemens his Opinion as to exclude all other proof from his Example or otherwise yet His Majesty since Clemens was first named by you and the weight of the main cause lieth not much upon it is content also for that matter to refer Himself to that Epistle Secondly That His Majesty could not but use some earnestness of expression in the cause of Ignatius against some who have rejected the whole Volume of his Epistles but upon such Arguments as have more lessened the Reputation of their own Learning than the Authority of those Epistles in the opinion of moderate and judicious men And yet Blondellus a very Learned man tho he reject those Epistles confesseth notwithstanding the Ancient Fathers gave full Credence thereunto The Apostles you say did not ordain themselves Bishops of any particular places and yet the Bishops of some particular places are reported in the Catalogues to have been Sucoessors to such or such of the Apostles and even the Names of such Apostles are entred into the Catalogues To this His Majesty saith That the Apostles were formerly Bishops by virtue of their Mission from Christ as hath been already declared but did neither ordain themselves nor could be ordained of others Bishops of such or such particular Cities Although His Majesty knoweth not but that they might without prejudice to their Apostleship and by mutual consent make choice of their several quarters wherein to exercise that Function as well as Saint Peter and Saint Paul by consent went the one to the Circumcision the other to the Gentiles But such apportionments did not intitle them to be properly called Bishops of those places unless any of them by such agreement did fixedly reside in some City of which there is not in the History of the Church any clear unquestionable Example If James the Lord's Brother who was certainly Bishop of Jerusalem were not one of the twelve Apostles as the more general opinion is that he was not yet did the Churches of succeeding times for the greater honour of their Sees and the memory of so great Benefactors enter in the Head of the Lists or Catalogues of their Bishops the Names of such of the Apostles as had either first planted the Faith or placed Bishops or made any long abode and continuance or ended their days among them yet doth not the true Title of being Successors to the Apostles thereby accrue to the Bishops of those places more than to other Bishops but all Bishops are equally Successors to the Apostles in two other respects the one for that they derive their Ordination by a continued Line of Succession from the Apostles the other for that they succeed into the same Apostolical Power and Function which the Apostles as ordinary Pastors had Your motion to reduce this whole Dispute to Scripture alone were the more reasonable if the matter in question were properly a Point of Faith And yet even in points of Faith as the Doctrine of the Trinity the Canon of Scripture and sundry other the uniform judgment of the Church hath been ever held of very considerable regard But being a matter of Fact as before was said which the Scriptures do not deliver entirely and perspicuously in any one place together but obscurely and by parts so that the understanding thereof dependeth merely upon conjectural Interpretations and uncertain probabilities nor assure any certain distinguishing Characters whereby to discern what therein is extraordinary what prudential and what of necessary and perpetual Obligation there seemeth to His Majesty to be a necessity of admitting the subsequent Judgment and Practice of the Christian Churches into the Trial. As to the Three Questions proposed by His Majesty His Majesty resteth very much unsatisfied that you have now again wholly declined the answering of those three Questions so clearly proposed by Him which your selves also consess to be of great importance upon this only pretence That the whole Volume of Ecclesiastical Policy is contained in them Whereas His Majesty did neither expect nor require from you any large or Polemical Discourse concerning those Questions but yet did conceive you were in order to His Satisfaction in your own Undertaking in some sort obliged to have declared in few words what your Judgment was therein with the grounds thereof that so His Majesty might have taken the same into His further Consideration than which nothing could have more conduced to the informing of His Judgment and the satisfaction of His Conscience which His Majesty also further conceives you might have done with the tenth part of that pains you have hitherto bestowed to other purposes and therein have given full as much satisfaction to His desires as he expected and in all likelihood better satisfaction to His Judgment than He yet findeth or can hope to find from you so long as you hold off from declaring your Opinions concerning those Questions For certainly until one of these three things can be clearly evidenced unto His Majesty viz. Either that there is no certain Form of Church-Government at all prescribed in the Word or if there be that the Civil Power may change the same as they see cause or if it be unchangeable that it was not Episcopal but some other His Majesty thinks himself excuseable in the judgment of all reasonable men if He cannot as yet be induced to give his Assent to the utter Abolition of that Government in the Church which He found here setled to His hands which hath continued all over the Christian World from the times of the Apostles until this last Age and in this Realm ever since the first plantation of Christianity as well since the Reformation as before which hath been confirmed by so many Acts of Parliament approved as consonant to the holy Word of God in the Articles of our Religion and by all the Ministers of
the Church of England as well by their personal Subscriptions as otherwise so attested and declared and which Himself in His Judgment and Conscience hath for so many years been and yet is perswaded to be at least of Apostolical Institution and Practice Truly His Majesty cannot but wonder what should be the reason of your great shiness and unwillingness to discover your minds in a matter of so great and necessary consequence and for a final conclusion of this whole Dispute which His Majesty thinketh fit to shut up with this Paper He must plainly tell you That your endeavours to have given Him satisfaction in the Questions proposed would have added much in His opinion to the reputation of your Ingenuity in the whole undertaking it being not probable you should work much upon His Judgment whilst you are fearful to declare your own nor possible to relieve His Conscience but by a free discharge of yours Nevertheless His Majesty liketh well of your Prayer in the close of your Paper and thinketh you should do very well to joyn therewith your utmost possible endeavours towards the settling of Truth and a happy Peace in this unsettled Church and Kingdom THE END ΕΙΚΩΠΒΑΣΙΛΙΚΗ THE POURTRAICTURE OF HIS SACRED MAJESTY IN HIS SOLITUDES and SUFFERINGS I. Vpon His MAJESTIES Calling this last PARLIAMENT THIS last Parliament I called not more by others advice and necessity of my Affairs than by my own choice and inclination who have always thought the right way of Parliaments most safe for my Crown as best pleasing to my People And altho I was not forgetful of those sparks which some mens distempers formerly studied to kindle in Parliaments which by forbearing to convene for some years I hoped to have extinguished yet resolving with My self to give all just satisfaction to modest and sober desires and to redress all publick Grievances in Church and State I hoped by my freedom and their moderation to prevent all misunderstandings and miscarriages in this In which as I feared affairs would meet with some Passion and Prejudice in other men so I resolved they should find least of them in My self not doubting but by the weight of Reason I should counterpoise the over-balancings of any Factions I was inded sorry to hear with what Partiality and Popular heat Elections were carried in many places yet hoping that the Gravity and Discretion of other Gentlemen would allay and fix the Commons to a due temperament guiding some mens well-meaning zeal by such rules of moderation as are best both to preserve and restore the health of all States and Kingdoms no man was better pleased with the convening of this Parliament than My self who knowing best the Largeness of my own Heart toward my Peoples good and just contentment pleased My self most in that good and firm understanding which would hence grow between Me and my People All Jealousies being laid aside My own and My Childrens Interests gave Me many obligations to seek and preserve the Love and welfare of my Subjects the only temporal Blessing that is left to the ambition of just Monarchs as their greatest Honour and Safety next Gods Protection I cared not to lessen My self in some things of my wonted Prerogative since I knew I could be no loser if I might gain but a recompence in my Subjects Affections I intended not only to oblige my Friends but mine Enemies also exceeding even the desires of those that were factiously discontented if they did but pretend to any modest and sober sense The Odium and offences which some mens Rigor or Remisness in Church and State had contracted upon my Government I resolved to have expiated by such Laws and regulations for the future as might not only rectify what was amiss in Practice but supply what was defective in the Constitution No man having a greater zeal to see Religion setled and preserved in Truth Unity and Order than My self whom it most concerns both in Piety and Policy as knowing that No flames of civil Dissentions are more dangerous than those which make Religious pretensions the grounds of Factions I resolved to reform what I should by free and full advice in Parliament be oonvinced of to be amiss and to grant whatever my Reason and Conscience told Me was fit to be desired I wish I had kept My self within those bounds and not suffered my own Judgment to have been overborn in some things more by others importunities than their Arguments My confidence had less betrayed My self and my Kingdomes to those advantages which some men sought for who wanted nothing but Power and Occasions to do mischief But our Sins being ripe there was no preventing of Gods Justice from reaping that Glory in our Calamities which we robb'd him of in our Prosperity For Thou O Lord hast made us see that Resolutions of future Reforming do not always satisfie thy Justice nor prevent thy Vengeance for former miscarriages Our Sins have overlaid our Hopes Thou hast taught us to depend on thy Mercies to forgive not on our purpose to amend When Thou hast vindicated thy Glory by thy Judgments and hast shewed us how unsafe it is to offend Thee upon presumptions afterwards to please Thee then I trust thy Mercies will restore those Blessings to us which we have so much abused as to force Thee to deprive us of them For want of timely Repentance of our sins Thou givest us cause to repent of those remedies we too late apply Yet I do not repent of my calling this last Parliament because O Lord I did it with an upright intention to thy Glory and my peoples good The Miseries which have ensued upon Me and My Kingdoms are the just effects of thy displeasure upon us and may be yet through thy mercy preparative of us to future Blessings and better hearts to enjoy them O Lord tho Thou hast deprived us of many former comforts yet grant Me and My people the benefit of our afflictions and thy chastisements that thy rod as well as thy staff may comfort us Then shall we dare to account them the strokes not of an Enemy but a Father when thou givest us those humble affections that measure of Patience in Repentance which becomes thy Children I shall have no cause to repent the Miseries this Parliament hath occasioned when by them thou hast brought Me and My people unfeignedly to repent of the Sins we have committed Thy Grace is infinitely better with our Sufferings than our Peace could be with our Sins O thou soveraign Goodness and Wisdom who over-rulest all our Counsels over-rule also all our hearts That the worse things we suffer by thy Justice the better we may be by thy Mercy As our Sins have turned our Antidotes into poyson so let thy Grace turn our poysons into Antidotes As the Sins of our Peace disposed us to this unhappy War so let this War prepare us for thy blessed Peace That although I have but troublesom Kingdoms here yet I may