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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
and which was a Testimony of the Divine Assistance drew many of the unwilling Commissioners to His own Opinion though their Commission and the danger of their Lives necessitated them contrary to the dictates of their own Consciences to prolong the Debates with a wonderful Lenity proved their Demands unjust yet granted what was not directly against his Honour and Conscience thus devesting Himself of His own Rights He demonstrated that He had those Affections which might justly style Him the Father of His Country For He endeavoured by His own Losses to repair the damages of His People Yet the King saw by the Obstinacy of the most powerful of those He treated with that they intended nothing less than Peace nor any thing more than His Destruction which that it might be adequate to their Malice they would have it accompanied with the damnation of His Soul as He Himself in bitterness complained to One of His Servants pressing Him to do those things which they themselves acknowledged sinful as the Alienation of Church-Lands Although His Majesty was thus sensible of their insatiable thirst for His blood yet because He had passed His Royal Word not to stir out of that Island He did not hearken to the same Servant who perswaded Him to provide for His Safety by flight which He assured Him was not difficult and in administring to which He offered to hazard his own blood But the King always thought His Life beneath the Honour of Faithfulness and would not give His Enemies that advantage over His Fame which their unjust Arms and Frauds had gotten upon His Person chusing rather to endure whatsoever Providence had allotted for Him than by any approach to Infamy seek to protract those days which He now began to be weary of For that life is no longer desirable to Just Princes which their People either cannot or will not preserve And He thought it more Eligible to die by the Wickedness of Others than to live by His own While the Treaty thus preceeded the Army under the Command of the Lord Fairfax and Ireton this last was bold subtle perfidious and active in all designs so that his Soul being congenial with that of Cromwell had been the cause of an Alliance betwixt them for he had married one of Cromwell's Daughters and therefore was left to hover about the General as an evil Genius that he might do nothing contrary to their Impious Design drew towards London and quartered within half a days march from the City that if their Interest did require they might the more suddenly oppress those who were less favourable to their Enterprises The Officers did at first publickly profess a great Modesty as that they would quietly submit to the Orders of the Parliament that they did prefer the Common Peace to their own private Advantages and should be glad to be dismissed from the toyls of War yet in private practised an universal Confusion for mingling counsels with their Factious party in the two Houses they set up again the meetings of their Adjutators framed among themselves Petitions against the Treaty and to require that all Delinquents without difference wherein they included the Person of the King might be brought to Tryal and by their Emissaries abroad drew some inconsiderable and ignominious persons by representing large spoils in the subversion of Monarchy and imaginary advantages by the change of Government to subscribe to them When they thought these practices had produced their desired effect and they had infected most of the Souldiers in the several Garrisons and that more parties of their Army were gathered to their Quarters about London Ireton under pretext of a Contrast betwixt him and Fairfax withdraws himself privately to Windsor-Castle where being met by some of his Complices in the Parliament they joyntly frame a Declaration in an imperious and affected Style Wherein in the name of the Army he maliciously declaims against all Peace with the King and His Restitution to the Government afterwards he impiously demands that he may be dealt with as the Grand and Capital Delinquent with these he mingles some things to terrifie the Parliament some to please the Souldiers and others to raise hopes of Novelty in the Rabble This being prepared and the Treaty now drawing towards an End which those of the Faction had prolonged and disturbed that the Army might have more time to gather together and the Commanders having a perfect Intelligence how all things in the Isle of Wight and in the Parliament did strongly tend to an Accommodation they thought it now seasonable to begin their intended Crime Therefore they speedily call a Council of War at which met the Colonels and other inferiour Officers all men of Mercenary souls seditious covetous and so accustomed to Dissimulation that they seemed to be composed by nature to frame and colour impostures They began their Meeting with Prayers and Fasting pretending to inquire and seek the Will of God concerning the Wickedness they had predetermined to act This is the constant practice of such who would most securely abuse the Patience of the People while they commit the most horrid Crimes For not being able to honest their Iniquities by any colour of Reason or any Command of the known Will of God they pretend to a guidance by Revelation and Returns of Prayer This Imposture they had hitherto successfully used and the credulous Rabble of the common Souldiers were drawn to a perswasion that God did counsel all the Designs of these armed Saints Thus having prefaced their Villany Ireton produces his Remonstrance which being read among them was received by the Souldiers who through a pleasure in blood and hopes of Spoil are used to praise every thing of their Chiefs whether good or bad that tends to disturbance and continuance of War with as great an Applause as if it had been an Oracle from Heaven and to make it the more terrible they styled it the Remonstrance of the Army and order it to be presented to the Parliament in the name of the Army and People of England When this Remonstrance was published the minds of men were variously affected Some wondred that persons of so abject a Condition should dare to endeavour the alteration of an ancient Government an attempt so far above their fortune and to design against the Person of their Sovereign who by the Splendour of His former Majesty and by a continued Descent from so many Royal Progenitors had derived all that challenges the Reverence of the People And they thought the act so full of a manifest Wickedness that the Contrivers could not really intend the Execution but only used it as a Mormo to frighten the King and Parliament to hearken to their Pretensions of a lesser guilt Others considering their former Crimes and Injuries both to King and People and their damnable blasphemies of the Almighty God did truly judge that their preceding Iniquities had now habituated and temper'd them for the extremest mischiefs and that having
lawful Government while the Almighty secured the Glory of the King even in His Sufferings provided for the Support and Honour of the Royal Family in its lowest Estate and miraculously preserved the Chief of it from innumerable dangers and made us to see afterwards in the Series of his Providences that he had not withdrawn his loving-kindness from the House of King CHARLES by restoring it to its primitive Grandeur And this he was pleased to signifie to the King by a Passage that appeared little less than a Miracle For while He was at Oxford and the Earl of Southampton now Lord High-Treasurer of England a Person of unquestionable Honour and Veracity of an eminent Integrity above the Flattery of Princes who doth attest this Occurrence as Gentleman of the Bed-chamber lay one Night in the same Chamber with Him the Wax Mortar which according to Custom the King always had in His Chamber was in the night as they both conceived and took notice of fully extinguished But my Lord rising in the Morning found it lighted and said to the KING Sir this Mortar now burns very clearly at which they both exceedingly wondred as fully concluding it had been out in the Night and they could not imagine how any of the Grooms or any other could possibly light it the Door being locked with a Spring within This busying the wonder of both for the present the King afterwards when He saw the Malice of His Enemies press hard upon His Life and Ruine reflecting upon this Occurrence drew it into this Presage That though God would permit His Light to be extinguished for a time yet He would at last light it again which was verified in the Event for though God suffered the Faction to spill His blood yet after many years of Troubles and when he had permitted those Monsters to bring us to the brinks of destruction he restored His Son to the Crown in as much Splendour and Greatness as any of His Predecessors As His Abilities for the Publick administration of Government were all apt to raise Admiration so His Recreations and Privacies gave a Delight to such as communicated in the sight of them and there needed no more to beget an Honour of Him than to behold Him in His Diversions which were all serious and there was no part of His time which either wanted benefit or deserved not Commendation In His younger days His pleasures were in Riding and sometimes in breaking the great Horse and He did it so gracefully that He deserved that Statue of Brass which did represent Him on Horse-back Besides this He delighted in Hunting an active and stirring Exercise to accustom Him to toils and harden that body whose mind abhorred the softness of Luxury and Ease which Vicious Princes think a part of Power and the Rewards of Publick Cares but He used this as the way whereby the Antient Heroes were habituated to Labours and by contending with some beasts in Strength and others in Swiftness first to rout then to chase their flying Enemies When the season of the year did not permit this sport then Tennis Gough Bowls were the ways of His Diversions and in all these He was wonderfully active and excellent His softer pleasures were Books and of His time spent in these there were many Monuments In His Library at St James's there was kept a Collection of His of the excellent Sayings of Authors written with His own hand and in his Youth presented to His Father King JAMES and there is yet extant in the hands of a Worthy Person His Extracts written with His own hand out of My Lord of Canterbury's Book against Fisber of all the Arguments against the Papists digested into so excellent a Method that He gave Light and Strength to them even while He did epitomise them into a sheet or two of Paper The same Care and Pains He had bestowed in reading the most Judicious Hooker and the learned Works of Bishop Andrews out of all which He had gathered whatsoever was excellent in them and fitted them for His ready use When He was tired with Reading then He applied Himself to Discourse wherein He both benefited Himself and others and He was good at the relation of a Story or telling of an Occurrence When these were tedious by continuance He would either play at Chess or please Himself with His Pictures of which He had many choice Pieces of the best Masters as Titian Rafael Tintoret and others with which He had adorned His most frequented Palaces as also with most antique Pieces of Sculpture so that to those that had travelled it seemed that Italy was translated to His Court. As His Spirit was thus accomplished so His Body had its Elegancies His Stature was of a just height rather decent than tall His Body erect and not enclining to a Corpulency nor meager till His Afflictions wrought too strongly upon it to a Leanness His Limbs exactly proportioned His Face full of Majesty and His Brow large and fair His Eyes so quick and piercing that they went farther than the Superficies of men and searched their more Inward parts for at the first sight He would pass a judgment upon the frame of a man's Spirit and Faculties and He was not often mistaken having a strange happiness in Physiognomy and by reason of this He would remember any one He had seen but once many years after His Complexion was enclining to a Paleness His Hair a brown which He wore of a moderate length ending in gentle and easie curles upon His left side He indulged one Lock to a greater length in the youthful part of His Life His Beard He wore picked but after the Faction had passed those Votes of No Addresses He permitted it to grow neglectedly and to cover more of His face His Gestures had nothing of affectation but full of Majestick gravity His motions were speedy and His gate fast which shewed the Alacrity and Vigour of His Mind for His Affections were temperate He was of a most healthful Constitution and after the infirmities of His Childhood was never sick Once He had the small Pox but the Malignity of it was so small that it altered not His Stomach nor put Him to the abstinence of one Meal neither did it detain Him above a fortnight under the Care of His Physicians He was Father of four Sons and five Daughters 1. Charles James born at Greenwich on Wednesday May 13th 1628. but died almost as soon as born having been first christned 2. Charles Duke of Cornwall and Prince of Wales born at St. James's May 29th 1630. whom after a fellowship in the Sufferings of His Father some brave but unsuccessful attempts to recover the Rights of His Inheritance and twelve years various fortune abroad God was pleased by a wonderful Providence without blood or ruine to conduct to His Native Throne and make Him the Restorer of Peace to a People wearied and wasted almost to a Desolation by several
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
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
People leaving such debates to a time that may better bear them If this be not accepted the fault is not Mine that this Bill pass not but theirs that refuse so fair an offer To conclude I conjure you by all that is or can be dear to you or Me that laying away all disputes you go on chearfully and speedily for the reducing of Ireland XXXV To the House of Commons about the Five Members January 4. MDCXLI II. GEntlemen I am sorry for this occasion of coming unto you Yesterday I sent a Serjeant at Arms upon a very important occasion to apprehend some that by My Command were accused of High Treason whereunto I did expect Obedience and not a Message And I must declare unto you here that albeit no King that ever was in England shall be more careful of your Priviledges to maintain them to the uttermost of His Power than I shall be yet you must know that in cases of Treason no person hath a Priviledge And therefore I am come to know if any of those persons that were accused are here For I must tell you Gentlemen that so long as those persons that I have accused for no slight crime but for Treason are here I cannot expect that this House can be in the right way that I do heartily wish it Therefore I am come to tell you that I must have them wheresoever I find them Well sithence I see all the Birds are flown I do expect from you that you shall send them unto Me as soon as they return hither But I assure you in the word of a King I never did intend any force but shall proceed against them in a legal and fair way for I never meant any other And now sithence I see I cannot do what I came for I think this no unfit occasion to repeat what I have said formerly That whatsoever I have done in favour and to the good of My Subjects I do mean to maintain it I will trouble you no more but tell you I do expect as soon as they do come to the House you will send them to Me otherwise I must take My Own course to find them XXXVI To the Citizens of LONDON at GUILD-HALL January 5. MDCXLI II. GEntlemen I am come to demand such Prisoners as I have already attained of High Treason and do believe they are shrowded in the City I hope no good man will keep them from Me their offences are Treason and Misdemeanours of an high nature I desire your loving assistance herein that they may be brought to a Legal Trial. And whereas there are divers suspicions raised that I am a favourer of the Popish Religion I do profess in the name of a King that I did and ever will and that to the utmost of My power be a prosecutor of all such as shall any ways oppose the Laws and Statutes of this Kingdom either Papist or Separatist and not only so but I will maintain and defend that true Protestant Religion which My Father did profess and I will still continue in during Life XXXVII To the Committe of both Houses at the delivery of the Petition for the Militia at THEORALDS Mar. 1. MDCXLI II. I Am so amazed at this Message that I know not what to answer You speak of Jealousies and Fears lay your hands to your hearts and ask your selves whether I may not likewise be disturbed with Fears and Jealousies and if so I assure you this Message hath nothing lessened them For the Militia I thought so much of it before I sent that Answer and am so much assured that the Answer is agreeable to what in justice or reason you can ask or I in Honour grant that I shall not alter it in any point For my residence near you I wish it might be so safe and honourable that I had no cause to absent My self from White-Hall Ask your selves whether I have not For My Son I shall take that care of him which shall justifie Me to God as a Father and to My Dominions as a King To conclude I assure you upon My Honour that I have no thought but of Peace and Justice to My People which I shall by all fair means seek to preserve and maintain relying upon the goodness and providence of God for the preservation of My Self and Rights XXXVIII To the Committee of both Houses at the presenting of their Declaration at NEW-MARKET March 9. MDCXLI II. I Am confident that you expect not I should give you a speedy Answer to this strange and unexpected Declaration And I am sorry in the Distractions of this Kingdom you should think this way of Address to be more convenient than that proposed by My Message of the 20th of Jan. last to both Houses As concerning the grounds of your Fears and Jealousies I will take time to answer particularly and doubt not but I shall do it to the satisfaction of all the world God in his good time will I hope discover the secrets and bottoms of all Plots and Treasons and then I shall stand right in the eyes of all My People In the mean time I must tell you that I rather expected a vindication from the imputation laid on Me in Master Pym's Speech than that any more general Rumours and Discourses should get credit with you For My Fears and Doubts I did not think they should have been thought so groundless or trivial while so many seditious Pamphlets and Sermons are looked upon and so great Tumults remembred unpunished uninquired into I still confess My Fears and call God to witness that they are greater for the true Protestant Profession My People and Laws than for My own Rights or Safety though I must tell you I conceive that none of these are free from danger What would you have Have I violated your Laws Have I denied to pass any one Bill for the ease and security of My Subjects I do not ask you what you have done for Me. Have any of My People been transported with Fears and Apprehensions I have offered as free and general a Pardon as your selves can devise All this considered There is a Judgment from Heaven upon this Nation if these Distractions continue God so deal with Me and Mine as all My thoughts and intentions are upright for the maintenance of the true Protestant Profession and for the Observation and Preservation of the Laws of this Land And I hope God will bless and assist those Laws for My preservation As for the Additional Declaration you are to expect an Answer to it when you shall receive the Answer to the Declaration it self Some Passages that happened Mar. 9. between His Majesty and the Committee of both Houses when the Declaration was delivered When His Majesty heard that part of the Declaration which mentioned Master Jermin's Transportation His Majesty interrupted the Earl of Holland in reading and said That 's false which being afterwards touch'd upon again His Majesty then said 'T is a lie And when He
My Crown And when I fail in either of these I will not look for your assistance Till then you are concerned not to see Me suffer XLIII To the Inhabitants of Leicester at LEICESTER July 20. MDCXLII GEntlemen Since I have found My Presence so very acceptable amongst My Good Subjects in these Northern parts and that the Errors and Mistakes among them have wholly proceeded from misinformation and are removed with more satisfaction and ease to them than they were received I hold it a piece of My Duty to take the utmost pains I can fully to inform and undeceive My People and rather to prevent Crimes than to punish them In this Errand I am come to you amongst whom there hath not been the least misunderstanding to shew you that I do not suspect any malice in the Place or in the People though persons of as ill dispositions have been busie in it and amongst you as in any County in England and such who have taken as great pains to do mischief and to bring confusion as good men should for Peace and happiness Though 't is as true that very many worthier Persons amongst you have appeared of contrary affections which I shall always acknowledge I am come to you in a time too when nothing could invite Me to such a journey but My affection to and good esteem of you having sent such Propositions of Peace and Accommodation to My two Houses of Parliament that I hope to have no other use of your affections but in your Prayers being sure they will submit to them with alacrity if the unexcusable enemies of the Peace of the Kingdom be not strong enough to prevail And then you will find your selves so much concerned for I have required nothing that with more justice can be denied Me if it be duly weighed than My Crown or My Life may be taken from Me that I shall not need to ask your assistance I know you will bring Horse Men Money and Hearts worthy such a Cause Your Religion your Liberties your Laws which I will defend with My Life I mean the good known Laws of the Land not Ordinances without My Consent which till within these twelve months were never heard of from the Foundation of this Kingdom will be the Quarrel and in such a Cause the taking away My Towns Ships Arms and Money from Me shall not dishearten Me. The concurrence and affection of My People with God's blessing will supply and recover all XLIV To the Gentry of Yorkshire Aug. 4. MDCXLII GEntlemen when I directed that Summons should be sent out for your meeting here this day My principal end was That I might give you thanks for the great forwardness and expressions you have made of your affections to Me since I came into this Country and to assure you that as the whole Kingdom hath great reason to value you exceedingly for it so I shal be ever unsatisfied with My self till I have found some way to fix a mark of favour and estimation upon this County and this People which may tell Posterity how good Subjects you have been and how much Gentlemen and I am confident the memory of it will grow up with My Sons too in a just acknowledgment This was the most I intended to say to you But there is an unquiet spirit abroad which every day throws in new accidents to disturb and confound the publick Peace How I was driven from London when I chose this place for My Safety is so notorious that all men know it who know any thing With what strange violence and indignities I have been pursued since I came hither needs no other evidence than Sir Hotham's behaviour at Hull who is now arrived to that insolence that he will not suffer his Treason to be longer confined within those walls but makes Sallies out of the Town upon his fellow-Subjects drowns their land burns and plunders their Houses murthers and with unheard of cruelty torments their persons and this with so much delight that he would not have the patience to wait what Answer should be sent to My just Demands though in that respect I engaged My self to forbear to use any force and kept My word but chose the night before that came as if he knew well what Answer I was to receive to act those outrages Ye see the sad effects of Fears and Jealousies the miseries they have produced no man can tell you the least good they have brought forth or the least evil they have prevented What inconvenience and burthen My Presence hath been here what disturbance it hath brought upon the Publick or grievance upon any private person your selves are best judges And whatever scandal some men have pleased to cast upon the Cavaliers which they intend should reach all My Retinue and by degrees shall involve all Gentlemen I am confident there hath not been any eminent disorder or damage befallen any man by any person of My Train or under My protection I am sure My directions have been very strict in that point and if they had not been observed I think I should have heard of it by nearer complaints than from London I pray God the same care may be taken there I am sure it hath not been And to give you the fullest testimony of My affection to you and to the Peace of this County and to shew you that no provocation shall provoke Me to make this place to be the seat of the War I have for your sakes passed over the considerations of Honor and notwithstanding the reproaches every day laid on Me laid no siege to that place that they may not have the least pretence of doing you mischief but resolve by God's help to recover Hull some other way for that I will ever sit down under so bold and unexcusable a Treason no honest man can imagine But it seems other men are not of My mind but resolve to make a War at your own doors whatsoever you do or I suffer To what purpose else is their new General armed with an Authority to kill and destroy all My good Subjects their levies of Horse and Foot some whereof are upon their march towards you with Canon mounted and the sending so many new Soldiers into Hull when there is no approach made towards it but to sally out and to commit rapine and by degrees to pour out an Army upon you In this I must ask you advice what you would do for your selves and what you would have Me do for you You see how I am stript of my Navy at Sea which is employed against Me of My Forts and Towns at Land which are filled with armed men to destroy Me My Money and Provisions of My House taken from Me and all My Subjects forbid and threatned if they come near Me that I may be Famine or Solitariness be compelled to yield to the most dishonourable Propositions and to put My self and Children into the hands of a few Malignant persons who have
entred into a Combination to destroy Us. And all this done under pretence of a Trust reposed by the People How far you are from committing any such Trust most of the persons trusted by you and your own expressions of Duty to Me have manifested to all the world and how far the whole Kingdom is from avowing such a Trust hath already in a great measure and I doubt not will more every day appear by the professions of every County For I am wholly cast upon the affections of My People and have no hope but in the blessing and assistance of God the justness of My Cause and the Love of My Subjects to recover what is taken from Me and them for I may justly say they are equal losers with Me. Gentlemen I desire you to consider what course is to be taken for your own security from the excursions from Hull and the violence which threatens you from thence I will assist you any way you propose Next I desire you out of the publick provision or your private store to furnish Me with such a number of Arms Muskets and Corslets as you may conveniently spare which I do promise to see fully repay'd to you These Arms I desire may be speedily delivered to the custody of My Lord Mayor of York for my use principally for those parts which by reason of their distance from Hull are least subject to the fear of violence from thence And whosoever shall so furnish Me shall be excused from their attendance and service at Musters till their Arms shall be restored which may well be sooner than I can promise or you expect I desire nothing of you but what is necessary to be done for the preservation of God's true Religion the Laws of the Land the Liberty of the Subject and the very Being of this Kingdom of England for 't is too evident all these are at stake For the compleating of My Son's Regiment for the Guard of His Person under the Command of my Lord of Cumberland I referr it wholly to your selves who have expressed such forwardness in it XLV To His Army after the Reading of His Orders between Stafford and Wellington September 19. MDCXLII GEntlemen You have heard these Orders read it is your part in your several places to observe them exactly The time cannot be long before we come to Action therefore you have the more reason to be careful And I must tell you I shall be very severe in the punishing of those of what condition soever who transgress these Instructions I cannot suspect your Courage and Resolution Your Conscience and your Loyalty hath brought you hither to fight for your Religion your King and the Laws of the Land You shall meet with no enemies but Traitors most of them Brownists Anabaptists and Atheists such who desire to destroy both Church and State and who have already condemned you to ruine for being Loyal to Us. That you may see what use I mean to make of your Valour if it please God to bless it with success I have thought fit to publish My Resolution to you in a Protestation which when you have heard Me make you will believe you cannot fight in a better Quarrel in which I promise to live and die with you I do promise in the presence of Almighty God and as I hope for His Blessing and Protection that I will to the utmost of My Power defend and maintain the true Reformed Protestant Religion established in the Church of England and by the Grace of God in the same will live and die I desire to govern by the known Laws of the Land and that the Liberty and Property of the Subject may be by them preserved with the same care as My own just Rights And if it please God by his blessing upon this Army raised for My necessary Defence to preserve Me from this Rebellion I do solemnly and faithfully promise in the sight of God to maintain the just Privileges and Freedom of Parliament and to govern by the known Laws of the Land to My utmost power and particularly to observe inviolably the Laws consented to by Me this Parliament In the mean while if this time of War and the great necessity and streights I am now driven to beget any violation of those I hope it shall be imputed by God and Man to the Authors of this War and not to Me who have so earnestly laboured for the preservation of the Peace of this Kingdom When I willingly fail in these particulars I will expect no aid or relief from any Man or protection from Heaven But in this Resolution I hope for the chearful assistance of all good men and am confident of God's Blessing XLVI To the Inhabitants of Denbigh and Flint at WREXHAM September 27. MDCXLII GEntlemen I am willing to take all occasions to visit all My good Subjects in which number I have cause to reckon you of these two Counties having lately had a good expression of your Loyalty and Affections to Me by those Levies which at your charge have been sent Me from your parts which forwardness of yours I shall alwayes remember to your advantage and to let you know how I have been dealt with by a powerful Malignant party in this Kingdom whose designs are no less than to destroy my Person and Crown the Laws of the Land and the present Government both of Church and State The Leaders of these men by their subtilty and cunning practices have so prevailed upon the meaner sort of people about London that they have called them up into frequent and dangerous tumults and thereby have chased from thence My self and the greatest part of the Members of both Houses of Parliament Their power and secret Plots have had such influence upon the small remaining part of both Houses that under colour of Orders and Ordinances made without the Royal Assent a thing never heard of before this Parliament I am robb'd and spoiled of my Towns Forts Castles and Goods my Navy forcibly taken from me and imployed against me all my Revenues stopt and seised upon and at this time a powerful Army is marching against me I wish this were all They have yet further laboured to alienate the affections of my good People they have most injuriously vented many false reproaches against my Person and Government they have dispersed in print many notorious false scandals upon my actions and intentions and in particular have laboured to cast upon me some aspersions concerning the horrid bloody and impious Rebellion in Ireland They tell the People that I have recalled two Ships appointed for the Guard of these Seas 'T is true but they conceal that at the same time I sent my Warrants to the Downs commanding four as good Ships to attend that service instead of those should be recalled which Warrant by their means could not find obedience They forget that they then imployed forty Ships many of them my Own and all of them set forth at the
to it But much against our expectation finding the contrary that the said Declaration is already abroad in Print by directions from your House as appears by the printed Copy We are very sensible of the disrespect Notwithstanding it is Our Intention that no failing on your part shall make Us fail in Ours of giving all due satisfaction to the desires of Our People in a Parliamenatry way and therefore We send you this Answer to your Petition reserving Our self in point of the Declaration which We think unparliamentary and shall take a course to do that which We shall think fit in Prudence and Honour To the Petition We say That although there are divers things in the Preamble of it which We are so far from admitting that We profess We cannot at all understand them as Of a wicked and malignant party prevalent in the Government of some of that party admitted to Our Privy Council and to other Imployments of trust and nearest to Vs and Our Children of endeavours to sow among the People false Scandals and Imputations to blemish and disgrace the Proceedings of the Parliament all or any of which did We know of We should be as ready to remedy and punish as you to complain of that the Prayers of your Petition are grounded upon such Premises as we must in no wise admit Yet notwithstanding We are pleased to give this Answer to you To the first concerning Religion consisting of several branches We say That for the preserving the Peace and Safety of the Kingdom from the designs of the Popish party We have and will still concur with all the just desires of Our People in a Parliamentary way That for the depriving of the Bishops of their Votes in Parliament We would have you consider that their Right is grounded upon the Fundamental Law of the Kingdom and constitution of Parliament This We would have you consider but since you desire Our concurrence herein in a Parliamentary way We will give no farther answer at this time As for the abridging of the inordinate power of the Clergy We conceive that the taking away the High-Commission Court hath well moderated that but if there continue any Usurpations or Excesses in their Jurisdictions We therein neither have nor will protect them Unto that Clause which concerneth Corruptions as you style them in Religion in Church-Government and in Discipline and the removing of such unnecessary Ceremonies as weak Consciences might check at That for any illegal Innovations which may have crept in We shall willingly concurr in the removal of them That if Our Parliament shall advise Us to call a National Synod which may duely examin such Ceremonies as give just cause of offence to any We shall take it into consideration and apply Our self to give due satisfaction therein But We are very sorry to hear in such general terms Corruption in Religion objected since We are perswaded in Our Conscience that no Church can be found upon the earth that professeth the true Religion with more purity of Doctrine than the Church of England doth nor where the Government and Discipline are jointly more beautified and free from Superstition then as they are here established by Law which by the grace of God We will with Constancy maintain while We live in their Purity and Glory not only against all invasions of Popery but also from the irreverence of those many Schismaticks and Separatists wherewith of late this Kingdom and this City abounds to the great dishonour and hazard both of Church and State for the suppressing of whom We require your timely and active assistance To the second prayer of the Petition concerning the removal and choice of Counsellours We know not any of Our Council to whom the Character set forth in the Petition can belong That by those whom We had exposed to Trial We have already given you sufficient testimony that there is no man so near unto Us in place or affection whom We will not leave to the Justice of the Law if you shall bring a particular charge and sufficient proofs against him and of this We do again assure you but in the mean time We wish you to forbear such general aspersions as may reflect upon all Our Council since you name none in particular That for the choice of Our Counsellours and Ministers of State it were to debarr Us that natural liberty all Free-men have and as it is the undoubted right of the Crown of England to call such persons to Our secret Counsels to publick employment and Our particular service as We shall think fit so We are and ever shall be very careful to make election of such persons in those places of trust as shall have given good testimonies of their abilities and integrity and against whom there can be no just cause of exception whereon reasonably to ground a diffidence and to choices of this nature We assure you that the mediation of the nearest unto Us hath always concurred To the third prayer of your Petition concerning Ireland We understand your desire of not alienating the forfeited lands thereof to proceed from your much care and love and likewise that it may be a Resolution very fit for Us to take but whether it be seasonable to declare Resolutions of that nature before the Events of a War be seen that We much doubt of Howsoever We cannot but thank you for this care and your chearful ingagement for the suppression of that Rebellion upon the speedy effecting whereof the Glory of God in the Protestant Profession the safety of the British there Our Honour and that of the Nation so much depends All the Interests of this Kingdom being so involved in that business We cannot but quicken your affections therein and shall desire you to frame your Counsels and to give such expedition to the Work as the nature thereof and the pressures in point of Time require and whereof you are put in mind by the daily insolence and increase of those Rebels For Conclusion your promise to apply your selves to such courses as may support Our Royal Estate with Honour and Plenty at home and with Power and Reputation abroad is that which We have ever promised Our self both from your Loyalties and Affections and also for what We have already done and shall daily goe adding unto for the comfort and happiness of Our People His MAJESTIES Declaration to all His loving Subjects Published with the Advice of his Privy Council ALthough We do not believe that Our House of Commons intended by their Remonstrance of the State of the Kingdom to put Us to any Apology either for Our past or present Actions notwithstanding since they have thought it so very necessary upon their observation of the present Distemper to publish the same for the satisfaction of all Our loving Subjects We have thought it very sutable to the duty of Our place with which God hath trusted Us to do Our part to so good a Work in which we
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
Parliament being resolved that it should not be Our fault if all those particulars were not speedily provided for which seemed then to be the grounds of their desire Let all the World now judge what greater Obligations of Justice Favour Affection and Trust can a Prince lay upon His Subjects than We did upon both Our Houses of Parliament by these Acts and whether We did not in Our free Grace and Favour grant much more than had been asked of Us by that Petition presented to Us by some Lords at York in which was then thought to be contracted all that was grievous to Our People and all that was just and gracious for Us to do for them And in all the time in which these Acts were framing and passing though Our own personal Wants were notoriously known and unkindly unprovided for and themselves had asked leave to look into and settle Our Revenue which We consented to and therefore We might have expected some fruit of that pretended Care We never pressed them or made the least overture to them for Our own supply only desired them and 't was almost the only thing We did desire of them that they would use all possible expedition in the business of the Treaty that the two Armies might be speedily disbanded and Our Subjects eased of that heavy burthen which in time would grow insupportable and waste the whole stock of the Kingdom But We found the Faction We feared in the beginning grew still stronger and nothing converted or reconciled by all those Acts of Ours which would have made any Nation happy That whilst We were busie in providing for the publick they were contriving particular Advantages of Offices and Places for themselves made use under-hand of the former Grievances of the Subject in things concerning Religion and Law to change the Religion and Law of this Kingdom labouring that neither any thing the Subject had suffered from the Crown might be forgotten nor any satisfaction from the Crown to the Subject might be remembred And therefore in stead of acknowledging Our great Justice and singular Favour in passing those Acts they infused into Our People that We passed them unwillingly whereas We never made the least pause upon any of them but one that for the High-Commission Court and whether that was penned with that wariness and animadversion that there be not more determined by it than the major part of both Houses intended at the passing of it let themselves judge and that We meant not to observe them and grew so much confounded with the full measure of Our Favour that they would allow themselves no security of enjoying what We had freely given but by taking away any power from Us of giving more they must have a through alteration both in Church and State or else they should never enjoy the benefit of the Reformation We had willingly made Hereupon they oppose the disbanding of the Armies and give all delays to the Scots Treaty though the Commissioners for that Nation very earnestly pressed the hastning of it and in plain English declare That they cannot yet spare them that the sons of Zerviah were too strong for them And finding more haste to be made in the asserting the Civil Interests than they desired having a design to ingage this Kingdom into so vast a Debt that there might be no way of paying it but by the Lands of the Church and lest Our good Subjects might be too soon satisfied they hastned on to their design upon the Church which they at first disguised with a purpose only of removing the Bishops from their Votes in the Lords House This Bill passed the House of Commons in the House of Peers it endured several long free debates and in the end upon great and solemn deliberation was by the consent of very much the major part of that House absolutely rejected This was no sooner done but that Faction glad of the miscarriage of their former Bill the passing whereof they knew would have satisfied many of those whom they hoped now further to seduce produced a Bill to be tendred in the House of Commons for the abolition of Bishops out of the Church of England Root and Branch according to their first resolution as Mr. Pym told a Member of the Lords House by way of reproof That it was not enough to be against the Persons of the Bishops if he were not against the Function and for extirpation of all Deans and Chapters and reducing that admirable Frame of Government and support of Learning into a Chaos of Confusion that out of it they might mold an Vtopia no six of them had nor We believe yet have agreed on further than to destroy the present and out of the goodly Revenue which the pious Bounty and Devotion of former Ages had been so long in raising for the encouragement and advancement of Learning and Religion and which God hath blessed with so many eminent Men whose Learning and Lives have advanced the Doctrine of the Protestant Religion and many of them given their Bodies to the Fire as a Sacrifice to that Truth and Religion to erect Stipends to their own Clergy and to raise estates to repair their own broken fortunes And for the free passing of this Bill which to this hour they could never tell what to make of two Armies must be kept in the bowels of the Kingdom at 80000 pound a Month charge to the Commonwealth For about this Bill the House of Commons was so wholly taken up that in ten weeks none or very little other business could be thought of About this time or a little before after several Intimations of Treasons Plots and Conspiracies by the Papists of great Provisions of Arms by them and training Men under ground and many other false reports created spread and countenanced by themselves upon some general apprehensions of Designs against them a Protestation is made in the House of Commons for some union and consent amongst themselves to perform those Duties which if they had meant no more than they expressed had been sufficiently provided for by the Oaths they had already taken and what their former Duties obliged them to Hereupon a Protestation is framed and being put into such words as no honest Man could believe himself obliged by it to any unlawful Action was voluntarily taken by all the Members of the House of Commons and presently recommended to the House of Lords where it received the same countenance that is was looked upon as containing nothing in it self unlawful though some Members of that House refused to take it being voluntary and not imposed by any Lawful Authority Then 't is recommended to the City of London and over all the Kingdom by order from the House of Commons a strange and unheard-of Usurpation to be taken by all persons But in very few days upon conference amongst themselves and with those Clergy-men who daily solicite their unlawful and unwarrantable designs with the People they find
they were by this Protestation so far from having drawn people into their Combination that in truth all Men conceived that they were even engaged by it against their main Design by promising to defend the true Reformed Protestant Religion expressed in the Doctrine of the Church of England c. And thereupon some persons of that Faction prevailed that after the Members of the Houses had taken it a Declaration was set forth by the House of Commons That by those words The Doctrine of the Church of England was intended only so far as it was opposite to Popery and Popish Innovations and that the words were not to be extended to the maintainance of the Discipline and Government c. And so under this Explication and Declaration published only by the House of Commons and never assented to by the House of Peers this Protestation was directed to be generally taken throughout England And to that purpose a Bill is drawn passed the House of Commons and sent up to the Lords who at the second reading finding many particulars in it unfit to be so severely imposed upon the Subject absolutely rejected it Upon this ensued a new and unheard-of distemper in the House of Commons as if it had been great presumption in the House of Peers to refuse any Bill sent from them and thereupon a Vote passed in the House of Commons That that House did conceive that the Protestation made by them is fit to be taken by every person that is well-affected in Religion and to the good of the Commonwealth and therefore doth declare That what person soever shall not take the Protestation is unfit to bear Office in the Church or Commonwealth and ordered That the Knights Citizens and Burgesses should send down to the several places for which they serve Copies of that Vote of the House concerning the Protestation and that those Votes should be printed Let all Men judge whether before that time from the beginning of Parliaments the House of Commons had ever presumed to trench so far upon Our Priviledge to make a Declaration so like Law without Us or upon the Priviledge of the Lords to make and publish such a Declaration after they had rejected the Bill and some of them refused to take the Protestation or upon the Liberty of the Subject so far to impose any such thing upon them without consent of Parliament Yet of this We took no notice but pressed still the disbanding of the Armies and interposed and quickned them in nothing else which was again with all earnestness desired by the Scots at Newcastle and pressed by their Commissioners at London But a new Fright was found to startle the People and to bring Us into Hatred or Jealousie with them the general Rumors of Treasons and Conspiracies began to lose credit with all Men who began to consider what they felt more than what others feared and therefore they had now found out a Treason indeed even ready to be put in execution upon the whole Kingdom the Representative body thereof a Plot to bring up the whole Army out of the Northern parts to London A strange Plot indeed which considering the constitution of that time no Man can believe Us guilty of and though they made great use of it to the filling the minds of Our People with fears and apprehensions they seemed not then to charge Us with any knowledge of or privity to it What they have done since all the world knows notwithstanding Our many Protestations in that point And We cannot but say that by those Examinations of Colonel Goring Sir Jacob Ashly and Sir John Conyers and Master Piercy's Letter which is all the Evidence We have seen and by which they seem principally to be guided We cannot satisfie Our own private Conscience that there was ever a resolution of bringing up the Army to London and upon the strictest examination We can make of that business We can find it to be no other than this Observation being made of the great Tumults about Westminster which seemed to threaten the safety of the Members of both Houses at least of those who were known not to agree with the designs of that Faction We have before spoken of and the manner of delivering Petitions by multitudes of people attested or pretended to be so by the hands of many thousands against the known Laws and established Government of the Kingdom which yet seemed to receive some countenance and to carry some Authority as instances of the Affections of so many persons it fell into the thoughts of some Officers of the Army of known and publick Affections to their Country That a Petition of a modest and dutiful nature from the whole Army for the composing and settling all Grievances in the Church and State by Law might for the reason of it prevail with the whole House and coming from such a Body might confirm those who might be shaken with any fears of Power or Force by the Tumults and with this Proposition We being made acquainted gave Our full approbation to it taking great care that no Circumstances in the framing it or delivering it might be any blemish to the matter of it This We call God to witness as We have done before was all We gave Our Consent unto or which We believe was ever intended to be put in practice What attempts other men made to seduce the Affections of the Army from Us is known to many If in the managery of this debate any rash discourses happened of bringing up the Army it is evident whether they were proposed in earnest or no they were never entertained and the whole matter laid aside above two months before any discovery so that that Danger was never prevented by the Power or Wisdom of Parliament And for the Petition it self which hath been so often pressed against Us as a special Argument of Our privity to the bringing up the Army after We have so fully and particularly answered every particular circumstance of that Petition signed with C. R. We have herewith published a true Copy of that Petition that all Our good Subjects may see how justly We have been traduced and judge when Petitions of all natures were so frequently and so willingly received whether such a Petition might not with modesty and duty enough have been presented unto them And if in truth that design of bringing up the Army had been then believed when it was first pretended to be discovered which was about the middle of May they would surely have thought it necessary to have disbanded that Army sooner than August which no pressing of Ours nor of Our Scots Subjects could perswade them to do And We are sure Our Innocence in that matter would soon have appeared if the large time to bring this business to a judicial tryal had been made use of if contrary to all Custom it had not been thought fit to publish Depositions before the parties concerned had been heard to make their Defence or
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Ports in the Kingdom of England having His Majesty's Pass or the Pass of any who is or shall be His Majesty's Admiral or Vice-Admiral or the Pass of any Governour or Governours of any the Ports in England in His Majesty's Hands or which shall hereafter during this Cessation be in His Majesty's Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above-named Persons are authorized as aforesaid neither in their coming to this Kingdom nor in their return so as they use not any Act of Hostility to any of their said Party And this to be a Rule until His Majesty's pleasure be further declared therein upon application of the Agents of the said Roman Catholick Subjects now in Arms c. to His Majesty Item It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the name of His Majesty that no interruption shall be given by any Ship or Ships under His Majesty's Power and Command or waged employed or contracted with by or in the behalf of His Majesty or by any of His Majesty's Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall trade with any of the said Roman Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman Catholicks now in Arms c. with Arms Ammunition Merchandize Commodity or any thing whatsoever during this Cessation as on the other side the said Donnogh Viscount Muskery and the rest above-named of that Party do promise and undertake for and in the behalf of those by whom they are authorized that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or waged employed or contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their power to any Ship or Ships that shall Trade with any of His Majesty's Subjects obeying this Cessation or which shall come in or go out of any the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandize Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles Item It is concluded and accorded that the Quarters in the Province of Leimster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further concluded and accorded that as much of the County of Meath as is on the East and South sides of the River of Boyne from Droghedagh to Trim and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman Catholick Subjects now in Arms and their party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed by any of the said Roman Catholick Subjects now in Arms c. and of their Party within the said limits and boundaries and that the residue of the said County of Meath shall remain in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the fifteenth day of September 1643. at the hour aforesaid are possessed within the said last-mentioned Quarters in the County of Meath by His Majesty's Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the hands and possessions of His Majesty's Protestant Subjects and their adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed within the said Quarters by the said Roman Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed by His Majesty's Protestant Subjects and their adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West-Meath King County Queens County Catherlagh Kilkenny County of the City of Kilkenny Weixford and Longford shall during the said Cessation remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of Septemb. 1643. at the hour aforesaid are possessed within the said County by His Majesty's Protestant Subjects and their adherents respectively Item It is concluded and accorded that what Corn hath been sown by any of His Majesty's Army or by any of His Protestant Subjects or their adherents or by any of them within any of the Quarters allotted in the Province of Leimster to the said other Party the same shall be enjoyed by the sowers and manurers paying for the same as they did agree and in case they did not agree paying the fourth sheaf unto such Garrison within whose Quarters the same shall
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
well-affected to rise as one man and to come to the House of Commons next Morning for that 20000 Irish Rebels were landed which direction and information was likewise that day given in Pulpits by their Seditious Preachers and in some of those Papers were subscribed That the Malignant Party had over-voted the good and if not prevented there would be Peace the Propositions for Peace being the day before carried by nine and twenty Voices A Common-council was called late at night though Sunday and a Petition there framed against Peace which was the next morning brought to the House countenanc'd by Alderman Pennington a known Promoter and Governour of those Tumults and attended with a multitude of mean Persons who used Threats Menaces and Reproaches to the Members of both Houses Their Petition took notice of Propositions passed by the Lords for Peace which if allowed would be destructive to Religion Laws and Liberties and therefore desired an Ordinance according to the Tenor of an Act of their Common-council the night before Thanks was given them by the Commons whilst the Lords complained of the Tumults and desired a concurrence to suppress them and to prevent the like many of the People telling the Members of both Houses That if they had not a good Answer they would be there the next day with double the number By these Threats and Violence the Propositions formerly received were rejected and all thoughts of Peace laid aside Shortly after great numbers of Women resort to the House where the Commons sate with a Petition for Peace Troops of Horse were hereupon sent for who wound and kill several of the Women and disperse the rest Then special notice was taken of those Members who seemed most importunate and desirous of Peace and thereupon the late Covenant eagerly and severely pressed upon them By reason whereof and the other miscarriages whereby their freedom was absolutely taken from them divers of both Houses withdrew themselves And we must now appeal to all our fellow-Subjects of this Kingdom who have taken the Oaths of Allegiance and Supremacy who have any knowledge of the Rights Customs and Privileges of Parliament or of the Frame and Constitution of this Realm whether we or they have failed in our Duty to our King or Country and whether we have not in discharge of a good Conscience undergone the evils we have born And then we doubt not we shall not be thought less Members of Parliament though we are not at Westminster than if that City were in the possession of a Foreign Enemy Yet we confess the Place to be so material that if there were that Liberty and Freedom which is due to the Members and indeed is the life of Parliament the Act of those in the House being a lawful Act is the Act of the House though there were a greater number absent all who were of another opinion but in our case when we are by force driven away and by force kept away and when nothing can be said to justifie the Actions which are done but the Reputation and Number of the Actors we rely so much upon the understanding and honesty of our Country-men that they will believe when they see our concurrence and unanimity in Resolutions and Counsel for their Peace welfare and security as we are confident the number of those who concur in this Declaration is greater than hath concurred in most if not in any of those things of which we complain that it will be better for them to be advised by us at Oxford than by those at Westminster from whence we are absent only by reason of those Outrages and Violence offered to our Persons or our Consciences which takes away all Freedom and consequently all Authority from those Councils and where indeed these men ought not to undertake to act any thing till that Freedom and Liberty be restored to us who as long as this Parliament shall continue notwithstanding all the Votes of those who are guilty of Treason and Rebellion mustaccount our selves and shall be accounted by our Country the true and lawful Members of Parliament Having said thus much to undeceive our Brethren and that our fellow-Subjects may be no longer seduced to unlawful actions by colour and pretence of Parliament we shall briefly present to their view and consideration the danger and condition of His Majesty's Person His Honour and Rights the Religion and Liberty of the Kingdom the defence and maintenance of which those Persons with whom we cannot agree seem and pretend to undertake For their Care of the Honour and Safety of His Majesty's Person to the which we are so absolutely obliged and so solemnly sworn we shall need only to mention which we mention with great sadness of Heart and Horrour the taking by force His Majesty's Forts Towns Navy the assuming a power over the Militia of the Kingdom the denying his Majesty's Negative Voice the uncomely insolent and disloyal mentioning of His Majesty's Person the neglect contempt and violation of Leagues made by His Majesty with Foreign Princes in the Injuries and Affronts done to their publick Ministers and otherwise the transcendent presumption of sending Agents to Foreign Princes and in the Name of the States of England the traytourcus distinction between the Person of the King and His Office and declaring that an attempt upon His Life is not High-Treason which Doctrine is so much countenanced that Persons who have threatned to Kill the King having been complained of have been left unpunished and the Witnesses and Prosecutors threatned or discountenanced the raising an Army against Him and therewith giving Battle to His Person All which are known to be very unagreeable with the Affection Duty and Loyalty of Subjects and English-men Concerning Religion we cannot but with bleeding Hearts and trembling Souls consider the unheard-of Impieties and Prophanations exercised in Churches and Consecrated places the Countenance and licence given to scandalous debosh ignorant Lay-persons to Preach and exercise the Office of the Ministry the suppressing and cruel using and imprisoning in Gaols and on Ship-board Godly Learned Orthodox Divines famous and exemplary in their Lives and Doctrine the most eminent Assertors of the Protestant Religion against Popery and Innovations the scurrilous and scandalous reviling scoffing and suppressing the Book of Common-Prayer compiled by glorious Martyrs for the Protestant Religion established by Law and so long and so publickly used and acknowledged as an excellent and unparallel'd form of Devotion and Divine Service the suspending the execution of the Act of Parliament made in the first year of Queen Elizabeth of famous memory for Uniformity of Common-Prayer by an Order under the hand of a private Member of the House of Commons and that during the recess of both Houses the stirring up and inciting the People to Rebellion in Pulpits and which is the greatest Scandal and Reproach to the Protestant Religion that can be imagined the making Religion it self the ground and cause of Rebellion
lastly after having lived so many years in the most glorious and most unblemished Church of Christendom the total defacing and pulling down the whole Fabrick of it censuring and reproaching the Doctrine and destroying the Discipline and as if we were cast ashore in some uninhabited Climate where the Elements of Christianity were not known the calling without the least shadow or colour of Law or Lawful Authority against His Majesty's express Consent manifestly against the Statute of 25 th year of King Henry the Eighth an assembly of Divines composed of some Noblemen Gentlemen and Ministers all under the style of Godly and Learned Divines most of which are not otherwise known than by their Schism and Separation from that Church in which they were born and to which they have subscribed and these Men now must new-make and mould the Religion by which we must all be saved God in his good time we hope will vindicate his own Cause and repair the breaches which have been lately made For the Laws of the Land and the Liberty of the Subject so speciously urged and pretended to be the end of those who have disturbed our Peace we need say little every place and every person is an ample evidence and testimony of the bold and avowed violation of either The Charter of our Liberties Magna Charta so industriously and Religiously preserved by our Ancestors and above Thirty several times confirmed in Parliament that Rampire and Bulwark of all the precious Privileges and Immunities which the Subjects of this Kingdom could boast of and which distinguishes them from all the Subjects of Christendom is levelled and trampled under foot scorned despised and superseded by Votes and Orders Men of all sorts Clergy and Laity imprisoned without the least charge that by the Law is called a Crime and their Estates are sequestred by Persons of whom the Law can take no notice Committees made by Committees Rob Banish and Imprison the Lords and Commons of England Men committed by Persons of no Authority for no cause to Prison have by Habeas Corpus the good old Remedy and Security for our Liberty been brought to the Kings Bench and by command of those who first committed them remanded and Commands given to the Judges that they should grant no Habeas Corpus which they were sworn to grant to any Persons committed by them or by those to whom they grant Authority to commit which themselves have not Power to do Neither can we pass over the motion made by Mr. Rigby a Member of the House of Commons to transport those Lords and Gentlemen who were Prisoners and by them accounted Malignants to be sold as Slaves to Argiers or sent to the new Plantation in the West Indies urged the second time with much earnestness because the Proposer had contracted with two Merchants to that purpose the which though it took no effect at that time may awaken those who have observed so many things to pass and be ordered long after they have been once or twice denied and rejected And who sees the new and inhumane way of imprisoning Persons of Quality under Decks on Ship-board by which cruel usage many of our Country-men have been murthered may have reason to fear they may be hereafter carried a longer voyage than is yet avowed The twentieth part of our Estates is at once taken and if we are not willing to obey that Order the other Nineteen are taken from us as Malignants a term unknown and undefined and yet crime enough to forfeit our Lives and all that we have Our fellow-Subjects have been executed in cold blood for doing that which by the Laws of God and Man they were bound to do and after their Murther their Estates seized and their Wives and Children exposed to Misery and Famine Laws made and Penalties imposed by Laws this Parliament are suspended dispensed withal and those things done by Order against which those Laws were made And that there may be no face of Justice over the Land the Judges are prohibited to ride their Circuits for the administration of that Justice which the King owes His People and they are bound to execute And after all this and after the merciless shedding so much English Blood after the expending so much Money much of which was given for relief of our poor Protestant Brethren of Ireland and diverted for the improving the Distractions at home after the transportation of such vast sums of Money and great Treasure into Foreign parts to the unspeakable impoverishing this Poor Kingdom to make our Misery lasting and our Confusion compleat a Foreign Enemy is invited and brought into the Bowels of this Kingdom to drink our blood to divide our Possession to give us new Laws and to Rule over us And the better to make way to those horrid Impositions by confounding and making void all civil Rights and Proprieties and the better preparing the Kingdom to be shared by Strangers a New Great Seal the special Ensign of Monarchy and the only way by which Justice is derived and distributed to the People is counterfeited and used albeit it be by the express letter of the Statute of the 25 th year of King Edward the Third declared to be High Treason Having now made this clear plain Narration to the Kingdom the truth and particulars whereof are known to most Men that when Posterity shall find our names in the Records of these times as Members trusted by our Country in that great Council by whose Authority and Power the present Alteration and Distraction seems to be wrought it may likewise see how far we have been and are from consenting to these desperate and fatal Innovations we cannot rest satisfied without Declaring and Publishing to all our fellow-Subjects and to the whole World that all our Intentions and Actions have been are and shall be directed to the defence of His Majesty's Person and just Rights the preservation of the true Protestant Religion and Liberties of the Kingdom established by Law That as we do with all humility to God Almighty and as a great Blessing from him acknowledge His Majesty's happy and Religious Reign and Government over this Kingdom and especially the excellent Laws and Statutes made in His time and particularly those in this Parliament so we do with all duty and submission Declare That His Majesty is the only Supream Governour of this Realm in all Causes Ecclesiastical and Temporal That His Natural Person is not to be divided from His Kingly Office but that our natural Allegiance and the Oaths of Allegiance and Supremacy do bind us and all His other Subjects to Loyalty and Allegiance to His Natural Person That His Majesty's Negative Voice without which Monarchy is dissolved is an inherent Right of His Crown and that no Orders of one or both Houses of Parliament without His Majesty's express Consent can make a Law to bind the Subjects either in their Property or Liberty That we do from our Souls abhor
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
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors 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 and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of 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 they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
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
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
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
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
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
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
and Dishonour by what is committed whereby in all Policy Reason and Religion having least cause to give the least consent and most grounds of utter detestation I might be represented by them to the World the more inhumane and barbarous like some Cyclopick Monster whom nothing will serve to eat and drink but the flesh and blood of My own Subjects in whose common Welfare My Interest lies as much as some mens doth in their Perturbations who think they cannot do well but in evil times nor so cunningly as in laying the odium of those sad events on others wherewith themselves are most pleased and whereof they have been not the least occasion And certainly 't is thought by many wise men that the preposterous rigor and unreasonable severity which some men carried before them in England was not the least Incentive that kindled and blew up into those horrid flames the sparks of Discontent which wanted not predisposed fewel for Rebellion in Ireland where Despair being added to their former Discontents and the fears of utter Extirpation to their wonted Oppressions it was easy to provoke to an open Rebellion a people prone enough to break out to all exorbitant violence both by some Principles of their Religion and the natural desires of Liberty both to exempt themselves from their present restraints and to prevent those after Rigors wherewith they saw themselves apparently threatned by the covetous Zeal and uncharitable Fury of some men who think it a great Argument of the truth of their Religion to endure no other but their own God knows as I can with truth wash My hands in Innocency as to any Guilt in that Rebellion so I might wash them in my Tears as to the sad apprehensions I had to see it spread so far and make such waste And this in a time when Distractions and Jealousies here in England made most men rather intent to their own safety or designs they were driving than to the relief of those who were every day inhumanly butchered in Ireland whose Tears and Blood might if nothing else have quenched or at least for a time repressed and smothered those sparks of Civil Dissentions and Jealousies which in England some men most industriously scattered I would to God no man had been less affected with Ireland's sad estate than My self I offered to go My self in Person upon that expedition But some men were either afraid I should have any one Kingdom quieted or loath they were to shoot at any mark here less than My self or that any should have the glory of my Destruction but themselves Had My many offers been accepted I am confident neither the Ruine had been so great nor the Calamity so long nor the Remedy so desperate So that next to the sin of those who began that Rebellion theirs must needs be who either hindred the speedy suppressing of it by Domestick Dissentions or diverted the Aids or exasperated the Rebels to the most desperate resolutions and actions by threatning all Extremities not only to the known Heads and chief Incendiaries but even to the whole community of that Nation resolving to destroy Root and branch men women and children without any regard to those usual pleas for Mercy which Conquerors not wholly barbarous are wont to hear from their own breasts in behalf of those whose oppressive Fears rather than their Malice engaged them or whose imbecillity for Sex and Age was such as they could neither lift up a hand against them nor distinguish between their right hand and their left Which preposterous and I think un-evangelical Zeal is too like that of the rebuked Disciples who would go no lower in their revenge than to call for fire from Heaven upon whole Cities for the repulse or neglect of a few or like that of Jacob's sons which the Father both blamed and cursed chusing rather to use all extremities which might drive men to desperate obstinancy than to apply moderate remedies such as might punish some with exemplary Justice yet disarm others with tenders of mercy upon their submission and our protection of them from the fury of those who would soon drown them if they refused to swim down the popular stream with them But some kind of Zeal counts all merciful moderation Lukewarmness and had rather be cruel than counted cold and is not seldom more greedy to kill the Bear for his skin than for any harm he hath done the confiscation of mens Estates being more beneficial than the Charity of saving their Lives or reforming their Errors When all proportionable succors of the poor Protestants in Ireland who were daily massacred and overborn with numbers of now desperate Enemies was diverted and obstructed here I was earnestly entreated and generally advised by the chief of the Protestant party there to get them some respite and breathing by a cessation without which they saw no probability unless by Miracle to preserve the remnant that had yet escaped God knows with how much Commiseration and solicitous Caution I carried on that business by persons of Honour and Integrity that so I might neither incourage the Rebels Insolence nor discourage the Protestants Loyalty and Patience Yet when this was effected in the best sort that the necessity and difficulty of affairs would then permit I was then to suffer again in my Reputation and Honour because I suffered not the Rebels utterly to devour the remaining handfuls of the Protestants there I thought that in all reason the gaining of that respite could not be so much to the Rebels advantages which some have highly calumniated against Me as it might have been for the Protestants future as well as present safety if during the time of that Cessation some men had had the grace to have laid Ireland's sad condition more to heart and laid aside those violent motions which were here carried on by those that had better skill to let blood than to stanch it But in all the misconstructions of my Actions which are prone to find more credulity in men to what is false and evil than love or charity to what is true and good as I have no Judg but God above Me so I can have comfort to appeal to his Omniscience who doth not therefore deny my Innocence because he is pleased so far to try my Patience as he did his servant Job's I have enough to do to look to My own Conscience and the faithful discharge of My Trust as a KING I have scarce leisure to consider those swarms of reproaches which issue out of some mens mouths and hearts as easily as smoke or sparks do out of a furnace much less to make such prolix Apologies as might give those men satisfaction who conscious to their own depth of wickedness are loath to believe any man not to be as bad as themselves 'T is Kingly to do well and hear ill if I can but act the one I shall not much regard to hear the other I thank God I can hear with
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
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
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
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