Days then the Duke had done in so many Months before But in the mean while Rochel was barricadoed to an impossibility of Relief Therefore the Earl of Lindsey who commanded the Forces after some gallant yet fruitless attempts returned to England and the Rochellers to the Obedience of the French King As Providence had removed the great Object of the Popular hate and as was pretended the chief Obstruction of the Subjects Love to their King the Duke of Buckingham so the King Himself labours to remove all other occasions of quarrel before the next Session He restores Archbishop Abbot who for his remissness in the Discipline of the Church had been suspended from his Office and was therefore the Darling of the Commons because in disgrace with the King so contrary are the affections of a corrupted State to those of their Governours to the administration of it again Dr Potter the great Calvinist was made Bishop of Carlisle Mr Mountague's Book of Appello Caesarem was called in Proclamations were issued out against Papists Sir Thomas Wentworth an active Leader of the Commons was toward the beginning of this Session as Sir John Savil had been at the end of the last called up into the Lord's House being made Viscount Wentworth and Lord President of the North. But the Honours of these Persons whose Parts the King who well understood Men thought worthy of His Favour and Employment seeming the rewards of Sedition and the spoils of destructive Counsels the Demagogues were more eager in the pursuit of that which these had attained unto by the like arts And therefore despising all the King 's obliging Practices in the next Session they assumed a Power of reforming Church and State called the Customers into question for Levying Tonnage and Poundage made now their Invectives as they formerly did against the Duke against the Lord Treasurer Weston so that it appeared that not the Persons of Men but the King's trust of them was the object of their Envy and His Favour though never so Vertuous marked them out for Ruine And upon these Points they raised the Heat to such a degree that fearing they should be dissolved e're they had time to vent their Passions they began a Violence upon their own Body an Example which lasted longer then their Cause and at last produced the overthrow of all their Priviledges They lock'd the Doors of the House kept the Key thereof in one of their own Pockets held the Speaker by strong Hand in the Chair till they had thundred out their Votes like dreadful Anathemaes against those that should levy and which was more ranting against such as should willingly pay the Tonnage and Poundage This Force the King went with His Guard of Pensioners to remove which they hearing adjourned the House and the King in the House of Lords declaring the Injustice of those Vipers who destroyed their own Liberties dissolved the Parliament While the Winds of Sedition raged thus furiously at home more gentle gales came from abroad The French King's Designs upon other Places required Peace from us and therefore the Signiory of Venice by her Ambassadors was moved to procure an Accord betwixt Charles and Lewis An. 1629 which the King accepted And not long after the Spaniard pressed with equal necessities desired Amity which was also granted The King being thus freed from His Domestick Embroilments and Foreign Enmities soon made the World see His Skill in the Arts of Empire and rendred Himself abroad more considerable then any of His Predecessors And He was more glorious in the Eyes of the good and more satisfied in His own Breast by confirming Peace with Prudence then if He had finished Wars with destroying Arms. So that His Scepter was the Caduceus to arbitrate the differences of the Potentates of Europe His Subjects likewise tasted the sweetness of a Reign which Heaven did indulge with all its favours but only that of valuing their Happiness While other Nations weltred in Blood His People enjoyed a Profound Peace and that Plenty which the freedom of Commerce brings along with it The Dutch and Easterlings used London as the surest Bank to preserve and increase their Trading The Spanish Bullion was here Coined which advantaged the King's Mint and encreased the Wealth of the Merchants who returned most of that Money in our Native Commodities While He dispensed these Blessings to the People An. 1630 Heaven was liberal to Him in giving Him a Son to inherit His Dominions May 29. An. 1630. which was so great matter of rejoycing to the People of uncorrupted minds that Heaven seemed also concerned in the Exultation kindling another Fire more than Ordinary making a Star to be seen the same day at noon From which most men presaged that that Prince should be of high Undertakings and of no common glory among Kings which hath since been confirmed by the miraculous preservation of Him and Heaven seemed to conduct Him to the Throne For this great Blessing the King gave publick Thanks to the Author of it Almighty God at St Paul's Church and God was pleased in a return to those thanks with a numerous Issue afterwards to increase this Happiness For neither Armies nor Navies are such sure props of Empire as Children are Time Fortune private Lusts or Errors may take off or change Friends but those that Nature hath united must have the same Interest especially in Royal Families in whose Prosperities strangers may have a part but their Adversities will be sure to crush their nearest Allies Prospering thus in Peace at home a small time assisted His frugality to get such a Treasure and gave Him leasure to form such Counsels as might curb the Insolence of His Enemies abroad He confederated with other Princes to give a check to the Austrian Greatness assisting by his Treasure Arms and Counsel the King of Sweden to deliver the oppressed German States from the Imperial Oppressions And when Gustavus's Fortune made him Insolent and he would impose unequal Conditions upon the Paltsgrave the King's Brother-in-law He necessitated him notwithstanding his Victories to more easie Articles The next year was notorious for two Tryals An. 1631 one of the Lord Audley Earl of Castlehaven who being accused by all the abused parts of his Family of a prodigious wickedness and unnatural uncleanness was by the King submitted to a Tryal by his Peers and by them being found guilty was condemned and his Nobility could be no patronage for his Crimes but in the King's eyes they appeared more horrid because they polluted that Order and was afterwards executed The other was of a Tryal of Combate at a Marshal's Court betwixt Donnold Lord Rey a Scottish High-lander and David Ramsey a Scottish Courtier The first accused the last to have sollicited him to a Confederacy with the Marquess Hamilton who was then Commander of some Forces in assistance of the King of Sweden in which Ramsey said all Scotland was ingaged but three and that their friends had gotten
the Nobility wherein He acquitted Himself with a Bravery equal to his Dignity And on the Sunday following attending His Father to the Sermon at St Paul's Cross and to the Service inthe Quire He shewed as much humble Devotion there as He had manifested Princely Gallantry in his Justs admired and applauded by the People for His Accomplishments in the Arts both of War and Peace That he could behave Himself humbly towards His God and bravely towards his Enemy pleased with the hardiness of His Body and ravished with his more generous Mind that the Pleasures of the Court had not softned one to Sloth nor the supremest Fortune debauched the other to Impiety Confident in these An. 1622 and other evidences of a wise Conduct the King without acquainting his Counsel sends the Prince into Spain there to Contract a Marriage with the Infanta and as a part of the Portion to recover the Palatinate which His Sisters Husband had lost and was by the Emperour cantel'd to the Duke of Bavaria and the King of Spain And herein He was to Combate all the Artists of State in that Court the practices of that Church and put an Issue to that Treaty wherein the Lord Digby though much conversant in the Intriegues of that Council had been long cajoled To that Place he was to pass Incognito accompanied only with the Marquess of Buckingham Mr Endymion Porter and Mr Francis Cottington through France where to satisfy His Curiosity and shew Himself to Love He attempted and enjoyed a view of the Court at Paris and there received the first Impression of that Excellent Princess who was by Heaven destined to His Chast Embraces Satisfied with that sight no lesser enjoyments of any Pleasure in that great Kingdom nor Vanity of Youth which is hardly curbed when it is allyed to Power could tempt His stay or a discovery of His Greatness but with a speed answerable to an active Body and Mind He out-stripped the French Posts which were sent to stop Him although that King had intelligence of His being within his Dominions immediately after their departure from the Louvre The certain news of His safe arrival at Madrid drew after Him from hence a Princely Train and raised the Censures of the World upon the King As being too forgetful of the Inhospitality of Princes to each other who when either Design Tempests or Necessity have driven their Rivals in Majesty upon their Coasts without a Caution they let them not part without some Tribute to their Interest and a fresh Example of this was in the King 's own Mother who seeking Refuge in England with her Sister Queen Elizabeth from a Storm at Home did lose both her Liberty and Life This none daring to mind the King of his Jester Archee made him sensible by telling him He came to change Caps with him Why said the King Because replyed Archée Thou hast sent the Prince into Spain from whence He is never like to return But said the King what wilt thou say when thou seest Him come back again Mary says the Jester I will take off the Fools Cap which I now put upon thy Head for sending Him thither and put it on the King of Spain's for letting him return This so awakened the King's apprehension of the Prince's danger that it drove him into an exceeding Melancholy from which he was never free till he was assured of the Prince's return to his own Dominions which was his Fleet in the Sea and that was not long after For notwithstanding the contrasts of his two prime Ministers there Buckingham and Bristol which were sufficient to amaze an ordinary Prudence and disturb the Counsels of so young a Beginner in the Mysteries of Empire and the Arts of Experienced Conclaves the impetuous attempts of the Spanish Clergy either for a change of His Religion or a Toleration of theirs the Spleen of Olivares whom Buckingham had exasperated He so dexterously managed the Treaty of Marriage that all the Articles and Circumstances were solemnly sworn to by both Kings By a civil Letter to the Pope which His Enemies Malice afterwards took as an occasion of Slander He procured a civil return with the grant of a Dispensation baffled the hopes of their Clergy by his Constancy in his own Profession and vindicated it from the odious aspersions of their Priests by causing our Liturgy to be translated into the Spanish Tongue and by His generous mien enthralled the Infanta for whom He had exposed His Liberty Yet having an insight into the practices of that Court that they would not put the Restitution of the Palatinate into the consideration of the Portion but reserve it as a Super-foetation of the Spanish Love and as an opportunity for the Infanta to reconcile the English Spirits who were heated by the late Wars into an hatred of the Spaniards and that this was but to lengthen out the Treaty till they had wholly brought the Palatinate under their Power He conformed His mind to the resolves of His Father who said He would never marry his Son with a Portion of His only Sister's Tears and therefore inclined to a Rupture But concealing His Purpose and dissembling His Knowledge of their Designs He consulted His own Safety and Return which His Father's Letters commanded which He so prudently acquired that the King of Spain parted from Him with all those endearments with which departing Friends ceremoniate their Farewells having satisfied him by a Proxie left with the Earl of Bristol to be delivered when the Dispensation was come Which as soon as He was safe on Shipboard by a private Express He commanded him to keep in his hands till further Order His return to England An. 1623 which was in October 1623. was entertained with so much joy and thanksgiving as if He had been the happy Genius of the whole Nation and his entrance into London was as a triumph for His Wisdom their Bonfires lengthned out the day and their Bells by uncessant ringing forbad sleep to those Eyes which were refreshed with His sight Nor could the People by age or sickness be confined at home but despising the prescriptions of their Physicians went to meet Him as restored Health When He had given the King an account of His Voyage and the Spanish Counsels not to restore the Palatinate a Parliament was summoned which was so zealous of the Honour of the Prince that both Houses voted an Address to his Majesty that he would no longer treat but begin a War with Spain and desiring the Prince's mediation who was always ready to gratifie the Nation therein to his Father they assured Him they would stand by Him with their Lives and Fortunes but yet when the War with the Crown descended unto Him they shamefully deserted Him in the beginning of His Reign When neither a Wife nor Peace was any longer to be expected from Spain both were sought for from France by a Marriage with Henrietta Maria the youngest Daughter of Henry the IV.
which none but souls prone to any wickedness could believe of so Great a Man were formed of the King and such suspicions raised of Him and His Friends as might force them to some Injuries which hitherto they forbore and by securing themselves increase the Publick fears For Slanders do rather provoke most men than amend them and the provoked think more of their safety than to adjust their actions against their malicious Slanderers And when the minds of Men were made thus sollicitous concerning Dangers from the King to make them more pliable and ductile there was represented to them an inevitable anger of Heaven against the present state of things both in Church and State testified by many Prodigies that were related and portentuous Presages of Ruine Certain Prophecies for a credulity to which the English Vulgar are infamous from unknown Oracles are divulged which aenigmatically describe the King as a Monster and from such a Prince must proceed a change of Government Some vain persons also that gave themselves up to the Imposture of Astrologie were hired to terrifie the People with the unsignificant Conjunctions of Stars and from them to foretel Ruines to the better part of the World and an imminent destruction of Men of the long Robe and Alterations of States These were done to temper the minds of Men by a superstition for a guidance of their Ministers who being conceived to be the Ambassadours of Heaven were supposed to have it in their Commission to declare the Conditions of War and Peace and these either through the same weakness capable of the like terrours with the Vulgar or which is more to be abhorred corrupted as some were by the Caresses and gainful hopes that the Faction baited them with did justifie their Fears and increase them by applying some obscure Prophecies in Scripture to the present times and People compared the pretended Corruptions of our Church with the Idolatries of Israel and whatsoever was condemned in the Holy Records was parallel'd with the things they disliked here and all the Curses that God poured upon His irreconcileable and obdurate Enemies were denounced against such as differ'd from them or would not joyn with the Faction To make these Harangues more efficacious the Authors of them received the Reverence of the Demagogues who despising questioning and exposing to Affronts such sober Divines as would have cured the madness of the People appropriated to such Teachers the Titles of Saints Faithful Ministers Pretious Men and they on the other side made a return of Epithets to their Masters of the Servants of the Most High such as were to do the Work of the Lord That by their Counsels men were to expect new Heavens and a new Earth that they were Men that should prepare the Kingdom for Jesus Christ and lay the Foundations of the Empire of the Saints which was to last a Thousand years To make the Cry yet louder they permitted all Sects and Heresies a Licence of publick profession which hitherto Discipline the Care of the Common Peace and Religion had confined to secret Corners and permitted the Office of Teaching to every bold and ignorant Undertaker so that at last the dreggs of the People Usurped that Dignity and Women who had parted with the Natural Modesty of their Sex would not only speak but also rule in the Church All these in gratitude for their Licentiousness still perswaded to their Hearers the admiration of the Authors of it and bitterly inveighed against those whom the Care both of the Souls and Fortunes of Men would excite to repress them in many of their Raptures denouncing Wo and Judgment to the lawful Governours in Church and State While all these Methods of Ruine were preparing here the same anger of God the same madness of men raised up another Tempest in Ireland For the Popish Lords and Priests of Ireland who were the prime Composers of the Tragedies there were incouraged by the Success of the Scots who by a prosperous Rebellion as the Historian of those Troubles writes had procured for themselves such large Priviledges to an imitation which the present Jealousies in England where mutual Contrasts would employ all their force upon one another promised to be secure And they had an happy opportunity by the Vacancy in Government through the slaughter of the Earl of Strafford with whom the Irish Lords while they prosecuted him in England had removed all those other inferiour Magistrates that were most skilful in the Affairs of that Kingdom by accusing to the Faction some of them of Treason and others of an inclination to the Earl and had got preferred to their charges such as were either altogether unacquainted with the Genius of that People or favourers of the Conspiracy A strength they had also ready for those Eight Thousand which had been listed for the Scotish Expedition were unseasonably disbanded and the King in foresight they might cause some mischief in their own Countrey had therefore promised Four Thousand of them to the King of Spain yet would not the Parliament consent to their departure because as the Irish Lords suggested it would displease the King of France and when the King promised to send as many to the French Camp that likewise was not relished The Common Souldiers of that Army being thus made useless and therefore like Men of their employment most fierce when they were to be dismissed from the dangers of War were easily drawn into the Rebellion although very few of their Officers were polluted with the Crime The Irish Lords and Priests being allured by these our Vices and these several opportunities began their Rebellion Octob. 23. The Irish throughout that whole Kingdom on a sudden invading the unprovided English that were scattered among them despoiling them of their Estates Goods and many thousands of their Lives without any respect of Sex Age Kindred or Friendship and made them as so many Sacrifices to their bloody Superstition They missed but a little to have surprised Dublin But their Conspiracy being detected there and in some few other places the English name and interest was preserved in that Kingdom till they could receive Succours from hence The King had the first Intelligence of it in its very beginnings in Scotland and thereupon sent Sr James Stuart to the Lords of the Privie Council in Ireland to acquaint them with His Knowledge and Instructions and to carry all that Money that His present Stores could supply Besides He moves the Parliament of Scotland as being nearest to a speedy help who decline their Aids because Ireland was dependent upon the Crown of England At the same time also He sends post to the Parliament of England who less regard it the Faction applauding their Fortune that new Troubles were arisen to molest the King and that the Royal Power being thus assaulted in all three Nations there must shortly arise so many new Commonwealths Besides that it yielded fresh matter of reproach to His Majesty to whose Councils
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
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
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
of Our Subjects there or be carried as the Earl of Leven pleased whose Power was not bounded by any reference to Us or Our Lieutenant of Ireland no nor to the Houses of England And though it had been answered that in cases of disagreement betwixt the Committee the two Houses might prosecute the War observing the Treaty of the sixth of August and the Ordinance of the 11 th of April yet by referring to that Ordinance which is desired to be Enacted and by that Ordinance the Power being thereby put into the Earl of Leven and that Committee without mention of the two Houses it was apparent the Earl of Leven would not be bound to observe the Directions of the Houses of England by themselves But they Reply in this last Paper of theirs That as the Ordinance of the 11th of April 1644. so the Treaty of the 6th of August 1642. is desired to be confirmed by which the Commander of the Scotish Forces in Ireland was to be answerable to Vs and the two Houses of the Parliament of England for his whole deportment But this is apparently no Answer at all for this Treaty of the 6 th of August binds not the Committee who are to manage that War and relates to the Scotish General as General of the Scots only the other of April 1644. being later in time giving him Power also as Commander in chief over the English Forces in Ireland and according to this latter he is to receive his Orders from the Committee without reference to Us or the two Houses neither can the two Houses be hereby brought in to have Command over this Scotish General or Committee more than Our selves whom they intend wholly to exclude Yet We cannot but observe even upon these Articles of the Treaty of the sixth of August how little cause there is to expect this Scotish General will manage that War for the good of this Kingdom who being by those Articles to be answerable to Vs as well as to the two Houses for then though the same Design was on foot yet their outward pretences were somewhat more modest than now they are did without directions from Us leave his Charge in Ireland to bring an Army into England against Us. Well they say at last they had by the 13 th Proposition desired the prosecution of the War to be settled in the two Houses and so taking all together that the Earl of Leven cannot manage that War according to his own discretion But VVe must remember them the Proposition is not barely to settle the prosecution of the VVar in the two Houses but to settle it in the two Houses to be managed by the joynt Advice of both Kingdoms and that joynt Advice is by a joynt Committee according to the Ordinance of the 11 th of April in which Committee they confess those of Scotland have a Negative Voice and by the last part of the 17 th Proposition the War of Ireland is to be ordered according to that Ordinance But they say The Scotish Commander is to receive Orders from the Lieutenant of Ireland if a Lord Lieutenant shall be chosen by the two Houses for a Lieutenant nominated by Us is not allowed by them to give Orders to the Scotish General This indeed though not warranted by their Propositions upon which nevertheless they insist yet being admitted in this latitude might seem to give some Power to the two Houses over the Scotch General in the manage of the VVar as giving the Lieutenant such a Power and by consequence the two Houses who have power over this Lieutenant But they say not generally that he shall receive Instructions from the Lieutenant but that he shall receive Instructions from the Lieutenant in such manner as they have set down in their Paper of the 20th of February that is when it shall be necessary for the good of that Service that he and the Commander in chief of the Scotish Army joyn but how shall it be for the Service that he joyn with him when he shall command no Forces with which he may joyn the Scotch General being by the Ordinance of the 11 th of April to command all the Forces whatsoever in Ireland But admit them to have joyned then the Scotch General is to receive Instructions from the Lieutenant according to the Orders which shall be given by the Commissioners of both Kingdoms so and no otherwise Still the case is the same The Scotish General is not bound to obey any Orders but such as shall come mediately or immediately from the Committee of both Kingdoms And whatsoever Evasions and Disguises are made to cover it from Our People's Eyes the Scotish Committee being an equal number and having an equal share in the Counsels and their General having the Command of all the Forces it is apparent the whole Power over that Kingdom is in effect to be transferred to them But should We admit that these Propositions did not give so great Power in Ireland to Our Subjects of Scotland yet how should it be imagined that We should put the prosecution of this War in the two Houses in such manner as is insisted on by them so long as they maintain a Rebellion against Us in this Kingdom It is not denied but by their Authority divers Forces raised and the Moneys levied for Ireland were imployed against Us in England and upon the same Pretences that they made use of those aids because as they alledge in their Declaration upon that Subject that the subsistence of Ireland depended upon their welfare here they may still make use of such Power as shall be given them for the manage of that VVar and raising Moneys for that purpose against Us in England Neither if a Peace should be concluded here could VVe assent that the prosecution of the VVar should be settled in the two Houses excluding Our selves as they intend it by those words the King not to molest them therein Queen Elizabeth managed the VVar in Ireland solely when the two Houses were sitting and excluded them Though VVe insist not upon that Example VVe should be wanting to the Trust VVe have received from God and that care of Our Subjects which lies upon Us and of which VVe are to give Him an account to exclude Our self They themselves know great Bodies are not so fit to carry on the VVar as a few and therefore they have in a manner given up their Power in this unhappy VVar at home to their State-Committee whose Resolutions are rather brought to them for Countenance and Execution than for Debate and Deliberation They tell us The Parliament of England is a faithful Council to Vs and that We have trusted them with the prosecution of that War and they faithfully discharged their parts in it VVe wish though VVe are willing to be silent in it that yet the Ruins and Desolations of this Kingdom would not speak to Posterity what Counsellors those are who have devested Us of Our Revenue Arms
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
consent to abolish the Episcopal Government Octob. 2. 1648. p. 612 II. The Answer of the Divines to His Majesty's Reason Octob. 3. ibid. III. His Majesty's Reply to their Paper Octob. 6. 616 IV. The Rejoynder of the Divines to His Majesty's Reply Octob. 17. 621 V. His Majesty's final Answer concerning Episcopacy Nov. 1. 1648. 634 ΕΙΚΩΠΒΑΣΙΛΙΚΗ I. UPon His Majesty's calling this last Parliament page 647 II. Upon the Earl of Strafford's Death 648 III. Upon His Majesty's going to the House of Commons 650 IV. Upon the Insolency of the Tumults 651 V. Upon His Majesty's passing the Bill for Triennial Parliaments And after setling this during the pleasure of the Two Houses 654 VI. Upon His Majesty's Retirement from Westminster 656 VII Upon the Queens departure and absence out of England 658 VIII Upon His Majesty's Repulse at Hull And the Fates of the Hothams 659 IX Upon the Listing and Raising Armies against the King 661 X. Upon their seising the King's Magazines Forts Navy and Militia 665 XI Upon the Nineteen Propositions first sent to the King And more afterwards 667 XII Upon the Rebellion and Troubles in Ireland 671 XIII Upon the calling in of the Scots and their coming 674 XIV Upon the Covenant 677 XV. Upon the many Jealousies raised and Scandals cast upon the King to stir up the People against Him 680 XVI Upon the Ordinance against the Common Prayer-Book 684 XVII Of the Differences between the King and the Two Houses in point of Church-Government 687 XVIII Upon Vxbridge Treaty and other Officers made by the King 692 XIX Upon the various Events of the War Victories and Defeats 694 XX. Upon the Reformation of the Times 696 XXI Vpon His Malesty's Letters taken and divulged 699 XXII Upon His Majesty's leaving Oxford and going to the Scots 701 XXIII Upon the Scots delivering the King to the English and His Captivity at Holdenby 702 XXIV Upon their denying His Majesty the Attendance of His Chaplains 703 XXV Penitential Meditations and Vows in the King's Solitude at Holdenby 707 XXVI Upon the Armies Surprisal of the King at Holdenby and the ensuing Distractions in the Two Houses the Army and the City 708 XXVII To the Prince of Wales 710 XXVIII Meditations upon Death after the Votes of Non-Addresses and His Majesty's closer Imprisonment in Carisbrook-Castle 716 THE LIFE OF CHARLES I. CHARLES I. King of Great Britain France and Ireland was the Son of James VI. King of Scots and Anne his Wife a Daughter of Denmark By His Father descended to Him all the Rights together with their blood of all our Ancicient both Saxon and Norman Kings to this Empire For the Lady Margaret Sister and sole Heir of Edgar Atheling the last surviving Prince of the English Saxons being married to Malcolme Conmor King of Scots conveyed to his Line the Saxon and Margaret Daughter of Henry VII married to James IV. did bring the Norman titles and blood From this Imperial Extract He received not more Honour than He gave to it For the blood that was derived to Him elaborated through so many Royal Veins He delivered to Posterity more maturated for Glory and by a constant practice of Goodness more habituated for Vertue He was born at Dunfermeling one of the principal Towns of Fife in Scotland on Nov. 19th An. 1600. An. 1600 in so much weakness that his Baptism was hastened without the usual Ceremonies wherewith such Royal Infants are admitted into the Church Providence seeming to consecrate Him to Sufferings from the Womb and to accustome Him to the exchange of the strictures of Greatness for clouds of Tears There was no Observation nor Augury made at His Birth concerning the Sequel of His Life or course of Fortune which are usually related of such whose lives have different occurrences from those in others of the same state Either the fear of His Death made those about Him less observant of any Circumstances which curious minds would have formed into a Prediction He appearing like a Star that rises so near the Point of his Setting that it was thought there would be no time for Calculation Or He being at distance by his Birth from the Succession to the Crown Prince Henry then having the first hopes made men less sollicitous to enquire of His future state on whom being born to a private Condition the Fate of the Kingdom did not depend But in the third Year of His age when King James was preparing himself to remove to the English Throne a certain Laird of the Highlands though of very great age came to the Court to take his leave of him whom he found accompanied with all his Children After his address full of affectionate and sage Advice to which his gray hairs gave authority to the King An. 1602 his next application was to Duke CHARLES for in the Second year of his Age he was created Duke of Albany Marquess of Ormond Earl of Rosse and Baron of Ardmanock whose hands he kiss'd with so great an ardency of affection that he seem'd forgetful of a separation The King to correct his supposed mistake advised him to a more present observance of Prince Henry as the Heir of his Crown of whom he had taken little notice The old Laird answered that he knew well enough what he did and that It was this Child who was then in His Nurses arms who should convey his name and memory to the succeeding ages This then was conceived dotage but the event gave it the credit of a Prophecy and confirmed that Opinion That some long-experienced souls in the World before their dislodging arrive to the height of prophetick Spirits When he was three years old He was committed to the Care and Governance of Sir Cary's Lady An. 1603 as a reward for being the first Messenger of Queen Elizabeth's death whose long life had worn the expectation of the Scotish Nobility into a suspicion that the Lords of England would never acknowledge her to be dead as long as there was any old Woman of that Nation that could wear good cloaths and personate the Majesty of a Queen In the fourth Year An. 1604 after he had wrestled with a Feaver He was brought in October to the English Court at Windsor where on the Jan. 6. following having the day before been made Knight of the Bath He was invested with the Title of Duke of York An. 1606 and in the sixth Year was committed to the Pedagogie of Mr Thomas Murray a Person well qualified to that Office though a favourer of Presbytery Under this Tutor and confined to a retiredness by the present weakness of his Body He was so diligent and studious that He far advanced in all that kind of Learning which is necessary for a Prince without which even their natural Endowments seem rough and unpleasant in despight of the splendour of their Fortune His proficiency in Letters was so eminent that Prince Henry taking notice of it to put a Jest upon Him one day put the Cap
of the Archbishop Abbot who was then with the Prince and the Duke and other of the Nobility waiting in the Privy Chamber for the King 's coming out on his Brother's head adding That if He continued a good Boy and followed His Book he would make him one Day Archbishop of Canterbury Which the Child took in such disdain that He threw the Cap on the Ground and trampled it under His Feet with so much eagerness that he could hardly be restrained Which Passion was afterward taken by some over-curious as a presage of the ruine of Episcopacy by His Power But the event shewed it was not ominous to the Order but to the Person of the Archbishop whom in his Reign he suspended from the Administration of his Office An. 1611 In his eleventh Year he was made Knight of the Garter An. 1612 and in the twelfth Prince Henry dying Novemb. 6. He succeeded him in the Dukedome of Cornwal and the Regalities thereof and attended his Funeral as Chief Mourner on Decemb. 7. On the 14th of Feb. following He performed the Office of Brideman to the Princess Elizabeth his Sister who on that Day was Married to Frederick V. Prince Elector Palatine the Gayeties of which Day were afterwards attended with many fatal Cares and Expences His Childhood was blemished with a supposed Obstinacy for the weakness of his Body inclining him to retirements and the imperfection of His Speech rendring Discourse tedious and unpleasant He was suspected to be somewhat perverse But more age and strength fitting Him for Manlike Exercises and the Publick Hopes inviting Him from his Privacies He delivered the World of such Fears for applying Himself to Action he grew so perfect in Vaulting riding the great Horse running at the Ring shooting in Cross-bows Muskets and sometimes in great Pieces of Ordnance that if Principality had been to be the Reward of Excellency in those Arts He would have had a Title to the Crown this way also being thought the best Marks-man and most graceful Manager of the great Horse in the three Kingdoms His tenacious humour He left with his Retirements none being more desirous of good Counsel nor any more Obsequious when he found it yea too distrustful of his own Judgment which the issue of things proved always best when it was followed When he was sixteen Years old An. 1616 on Nov. 3. He was created Prince of Wales Earl of Chester and Flint the Revenues thereof being assigned to maintain his Court which was then formed for Him And being thus advanced in Years and State it was expected that He should no longer retain the Modesty which the Shades of his Privacy had accustomed Him unto but now appear as the immediate Instrument of Empire and that by Him the Favours and Honours of the Court should be derived to others But though Providence had changed all about yet it had changed nothing within Him and He thought it Glory enough to be great without the diminution of others for He still permitted the Ministry of State to His Father's Favourites which gave occasion of Discourse to the Speculativi Some thought He did it to avoid the Jealousies of the Old King which were conceived to have been somewhat raised by the popularity of Prince Henry whose breast was full of forward Hopes For Young Princes are deemed of an impatient Ambition and Old ones to be too nice and tender of their Power in which though they are contented with a Successor as they must have yet are afraid of a Partner And it was supposed that therefore King James had raised Car and Buckingham like Comets to dim the lustre of these rising Stars But these were mistaken in the nature of that King who was enclined to contract a private friendship and was prodigal to the Objects of it before ever he had Sons to divert his Love or raise his Fears Some that at a distance looked upon the Prince's actions ascribed them to a Narrowness of Mind and an Incapacity of Greatness while others better acquainted with the frame of his Spirit knew His prudent Modesty enclined Him to learn the Methods of Commanding by the practice of Obedience and that being of a peaceful Soul He affected not to embroil the Court and from thence the Kingdom in Factions the effects of impotent minds which He knew were dangerous to a State and destructive to that Prince who gives Birth unto them that therefore He chose to wait for a certain though delayed Grandeur rather then by the Compendious way of Contrasts get a precocious Power and leave too pregnant an Example of Ruine Others conceived it the Prudence of the Father with which the Son complyed who knew the true use of Favourites was to make them the objects of the People's impatience the sinks to receive the Curses and Anger of the Vulgar the Hatred of the Querulous and the Envy of unsatisfied Ambition which he would rather have fall upon Servants that His Son might ascend the Throne free and unburthened with the discontents of any This was the rather believed because He could dispence Honours where and when He pleased as He did to some of His own Houshold as Sir Robert Cary was made Lord Cary of Lepington Sir Thomas Howard Viscount Andover and Sir John Vaughan Lord of Molingar in Ireland The Evenness of His Spirit was discovered in the loss of His Mother An. 1618 whose Death presaged as some thought by that notorious Comet which appeared Nov. 18. before happened on March 2. Anno 1618. which He bewailed with a just measure of Grief without any affected Sorrows though she was most affectionate to Him above all her other Children and at her Funeral he would be chief Mourner The Death of the Queen was not long after followed with a sharp Sickness of the King wherein his Life seeming in danger the consequences of his Death began to be lamented Dr Andrews then Bishop of Ely bewailed the sad Condition of the Church if God should at that time determine the days of the King The Prince being then only conversant with Scotch men which made up the greatest part of his Family and were ill-affected to the Government and Worship of the Church of England Of this the King became so sensible that he made a Vow If God should please to restore his Health he would so instruct the Prince in the Controversies of Religion as should secure His affections to the present Establishment Which he did with so much success as he assured the Chaplains who were to wait on the Prince in Spain that He was able to moderate in any emergent Disputations which yet he charged them to decline if possible At which they smiling he earnestly added That CHARLES should manage a Point in Controversy with the best-studied Divine of them all In His 19th Year An. 1619 on March 24. which was the Anniversary of King James's coming to the Crown of England He performed a Justing at White-hall together with several of
provision of Arms and Powder out of England that the Court was extreamly corrupted and that the matters of Church and State were so out of frame as must tend to a Change There were no Witnesses and the Defendant denying what the Appellant affirmed the Tryal was thought must be by Duel In order to which the King grants a Commission for a Court-Marshal where though the presumptions of Ramsey's guilt were more heightned yet the King hinders any further process by Combat which is doubted whether it be lawful either thinking none so foolish as to strive for Empire which He found so full of Trouble or knowing that Magistracy being the sole Gift of Heaven it was vain to commit a Crime in hope of enjoying it or in fear of losing it which was the Principle upon which Excellent Princes have neglected the diligent Inquisition of Conspiracies and fatally continues Hamilton in that favour as did enable him afterwards more falsly to act that Treason of which he was then accused Some Tumults in Ireland shewed a defect in that Government which made the King send over as Deputy thither the Lord Wentworth An. 1632 a most accomplished Person in affairs of Rule of great Abilities equal to a Minister of State The King 's choice of him he soon justified by reducing that tumultuary people to such a condition of Peace and security as it had never been since its first annexion to this Crown and made it pay for the Charges of its own Government which before was deducted out of the English Treasury their Peace and Laws now opening accesses for Plenty This enjoyment of Peace and Plenty through all the King's Dominions made Him mindful of employing some fruits of it to the Honour of that God that caused it and not to let so great a Prosperity wholly corrupt the minds of men to a neglect of Religion which is usual He shewed his own Zeal for the Ornaments of it and spent part of His Treasure towards the repair of St Paul's Church and by His Example Admonitions and Commands drew many of His Subjects to a Contribution for it and had restored it to its primitive lustre and firmness adorned it to a magnificence equal with the Structure which is supposed the goodliest in the Christian World had not the Malice of His Enemies forced him to Arms mingled His Mortar with the blood of innocent people and sacrilegiously diverted all the Treasure and Materials gathered for this pious design to maintain an impious and unjust War and afterwards to dishonour His cares for Religion they barbarously made it a Stable for their Horse and Quarters for their unhallowed Foot Some reasons of State drew the King from London An. 1633 May 13. to receive the Imperial Crown of Scotland Himself professed that He had no great stomach to the Journey nor delight in the Nation being a race of men that under the Scheme of an honest animosity and specious plain-dealing were most perfidious A full Character of their great Movers Yet as He had been nobly treated all along His Journey by the English Nobility so was He there magnificently received and crowned at Edinburgh June 10th But the King soon found all those Caresses false For the Nobility and Laick Patrons could not concoct His Revocation though legal and innocent of such things as had been stoln from the Crown during His Father's Minority with a Commission for Surrendry of Superiorities and Tithes to be retaken from the King by the present Occupants who could as then pretend no other Title than the unjust usurpation of their Ancestors on such conditions as might bring some Profit to the Crown to which they justly belonged some Augmentation of the Clergy and far more ease and benefit to the common People whom by advantage of those illegal Tenures they oppressed with a most bitter Vassalage This Act of His Majesty being so full of equity and publick good those whose greatness was builded upon Injustice did not bare-facedly oppose it but endeavoured to hinder that and all the other designs of Peace and Order by opposing in the Parliament next after the Coronation the Act of Ratification of all those Laws which King James had made in that Nation for the better regulating the affairs of that Church both as to the Government and Worship of it This was highly opposed by such as were sensible of their diminution by a legal restitution of their unrighteous Possessions And although the King carried it by the major part of Voices yet to prevent their own fires with the publick Ruine they did most assiduously slander it among the People as the abetting of Popery and the betraying their Spiritual Liberty to the Romish yoke These Calumnies received more credit by the King's Order for a more decent and reverend Worship of God at His Royal Chappel at Edinburgh conformably to the English Usage Their noise grew lowder by the Concent of their party of Malecontents in England who also took advantage to diffuse their poison from the King's Book of Sports which King JAMES had in his time published in Lancashire and was now ratified by King CHARLES for a more universal Observance The Occasision of which was the Apostasie of many to Popery whose Doctrines and Practices are more indulgent to the licentious through the rigid Opinion of some Preachers who equall'd all Recreations on the Sabbath as they call'd it to the most prodigious transgressions On the contrary some of the ignorant Teachers had perverted many to down-right Judaisme by the consequence of so strict an Observance of the Sabbath And some over-busie Justices of Peace had suppressed all the ancient Feasts of the Dedications of Churches The King therefore intended by this Edict to obstruct the success of the Enemies on both sides and to free His People from the yoke of this Superstition But such is the weakness of Humane Prudence that the Remedies it applies to one Inconvenience are pregnant of another and whereas the Generality of men seldom do good but as necessitated by Law when Liberty is indulged all things are soon filled with Disorder and Confusion And so it happened in this that the Vulgar abusing the King's Liberty which was no more than is granted in other Protestant Churches and committing many undecencies made many well-temper'd Spirits too capable and credulous of those importunate Calumnies of the Faction that His Majesty was not well-affected to Religion The boldness of the Pickeroons An. 1634 Turks and Dunkirk-Pirates infesting our Coasts damaging our Traffique the Usurpation of the Holland Fishers on the King's Dominion in the Narrow Seas and His Right disputed in a Tract by the Learned Grotius call the King 's next Cares for His own Honour and the People's Safety But the Remedy appeared exceeding difficult the furnishing of a Navy for so honourable an undertaking being too heavy a burden for His Exchequer which although not emptied by any luxuriant Feasts nor profusely wasted on some prodigal and unthirsty Favourite
nor lavished on ambitious designs from all which destructions of Treasure no King was more free was but just sufficient for ordinary and necessary Expences of State and Majesty And though it was most just for Him to expect the Peoples Contribution to their own Safety who were never richer than now nor had they ever more Security for their Riches than they now had by his Concessions of Liberty yet knowing how powerful the Faction alwaies was to disturb the Counsels of Parliament He feared that from their Proceedings the common Enemies would be incouraged as formerly to higher Insolencies and the envious Demagogues would contemn their own safety to ruine His Honour He also accounted it a great unhappiness to be necessitated to maintain His State by extraordinary waies and therefore refused to renew Privie Seals and Loans the use of which He debarred Himself of in granting the Petition of Right Therefore consults His Atturney-General Noy whether the Prerogative had yet any thing left to save an unwilling people Noy acquaints Him with Ancient Precedents of raising a Tax upon the Nation for setting forth a Navie in case of danger and assures Him of the Legality of the way in proceeding by Writs to that effect Which Counsel being embraced there were Writs directed to the several Counties for such a Contribution that in the whole might build furnish and maintain Forty Seven Ships for the safety of the Kingdom And by these the King soon secured and calmed the Seas but the Faction endeavoured to raise a Tempest at Land They complained of Invasions on their Spiritual Liberties An. 1635 because the Bishops endeavoured in these years to reduce the Ceremonies of the Church to their primitive Observance of which a long Prosperity had made men negligent and time had done that to the Spiritual Body which it doth to the Natural dayly amassed those Corruptions which at length will stand in need of cure Therefore when they took this proper Method of reforming a corrupted State in bringing things back to their Original Institution both His Majesty and they were defamed with designs of Popery This Tax of Ship-money was pretended a breach to their Civil Liberties and contrary to Law because not laid by a Parliament Therefore those who sought the People's favour to alter the present Government by seeming the singular Patrons of their Rights An. 1636 refused to pay the Tax and stood it out to a Trial at Law The Just Prince declined not the Tryal and permitted Monarchy and Liberty to plead at the same Bar. All the Judges of the Land did justifie by their Subscriptions that it was legal for the King to levy such a Tax and their Subscriptions were enrolled in all the Courts of Westminster-Hall And when it came to be argued in the Exchequer-Chamber ten of them absolutely declared for it only two Crook and Hutton openly dissented from that Opinion to which they had formerly subscribed not without the ignominy of Levity unbeseeming their places And as the King was thus victorious in the Law so was He at Sea and having curbed the Pirates He also reduced the Hollanders to a precarious use of His Seas Amidst all these Difficulties and Calumnies the King hitherto had so governed that sober men could not pray for nor Heaven grant in Mercy to a People any greater Happiness than what His Reign did afford The British Empire never more flourished with Magnificent Edifices the Trade of the Nation had brought the Wealth of the Indies home to our doors Learning and all good Sciences were so cherished that they grew to Admiration and many Arts of the Ancients buried and forgotten by time were revived again No Subjects under the Sun richer and which was the effect of that none prouder Security increased the Husband-mans stock and Justice preserved his Life none being condemned as to Life but by the lawful Verdict of those of an equal Condition the Jury of his Peers The poor might Reverence but needed not Fear the Great and the Great though he might despise yet could not injure his more obscure Neighbour And all things were so administred that they seemed to conspire to the Publick good except that they made our Happiness too much the cause of all Civil Commotions and brought our Felicity to that height that by the necessity of Humane Nature which hath placed all things in motion it must necessarily decline And God provoked by our sins did no longer restrain and obstruct the arts and fury of some wicked men who contemning their present certain enjoyments hoped for more wicked acquisitions in publick Troubles to overwhelm every part of the King's Dominions with a Deluge of Blood and Misery and to commence that War which as it was horrid with much slaughter so it was memorable with the Experiences of His Majesties Vertues Confusions like Winds from every Coast at once assaulting and trying His Righteous Soul The first Storm arose from the North and the flame first broke out in Scotland where those Lords who feared they should lose their spoils of Religion and Majesty took all occasions to hasten the publick Misery which at last most heavily lay upon their Country the hands they had strengthned and instructed to fight against their Prince laying a more unsupportable slavery upon them then their most impious Slanders could form in the imaginations of the credulous that they might fear from the King by calumniating the King's Government raising fears of Tyranny and Idolatry forming and spreading seditious Libels The Author or at least the Abettor of one of which was found to be the Lord Balmerino a Traitor by Nature being the Son of one who had before merited Death for his Treasons to King James yet found that mercy from him as the Son now did from King Charles to have his Life and Estate continued after condemnation Yet this perfidious man interpreted the King's Clemencie for his own Vertue and he that had dared such a Crime could not be changed by the Pardon of it and as if he had rather received an Injury than Life he was the most active in the approaching Rebellion For the Rabble An. 1637 that delights in Tumults were fitted by this and other Boutefeus for any occasion of contemning the King's Authority though His designs that were thus displeasing to the Noblefs were evidently for the benefit of the Populacy and at last took fire from the Liturgie something differing from ours lest a full consent might argue a dependency upon the Church of England which some Scotish Bishops had composed and presented to the King for the use of their Church which the King who was desirous that those who were united under His Command might not be divided in Worship confirmed and appointed to be first read July 13. at Edinburgh a City always pregnant with suspicions and false rumours But it was entertained with all the instruments of Fury that were present to a debauched multitude for they flung Cudgels and Sticks at
the Dean of Edinburgh while he was performing his Office and after that was done re-inforced their assault upon the Bishops whom the Earls of Roxbrough and Traquaire pretended to protect who indured some affronts that their Patience might provoke a greater rage in the Multitude which a vigorous punishment had easily extinguish'd For they that are fierce in a croud being singled through their particular fears become obedient And that Rabble that talks high against the determinations of their Prince when danger from the Laws is within their ken distrust their Companions and return to subjection But it soon appeared that this was not the bare effort of a mutinous Multitude but a long-formed Conspiracy and to this Multitude whose present terrour was great yet would have been contemptible in a short space there appeared Parties to head them of several Orders Who presently digested their Partisans into several Tables and concocted this Mutiny into a formal Rebellion To prosecute which they mutually obliged themselves and the whole Nation in a Covenant to extirpate Episcopacy and whatsoever they pleased to brand with the odious names of Heresie and Superstition and to defend each other against all Persons not excepting the King To reduce this people to more peaceful Practices the King sends Marquess Hamilton one who being caressed by His Majestie 's Favour had risen to such a degree of Wealth and Greatness that now he dreamed of nothing less than Empire to bring his Power to perfection at least to be Monarch of Scotland to which he had some pretensions by his birth as His Commissioner Who with a species of Loyalty dissembled that pleasure which he took in the opposition of the Covenanters whose first motions were secretly directed by his Counsels and those of his Dependents Traquair and Roxbrough for all his Allies were of that Party contrary to the custom of that Country where all the Members of a Family espouse the part of their Head though in the utmost danger and his Mother rid armed with Pistols at her Saddle-bow for defence of the Covenant By his actings there new seeds of Discontents and War were dayly sown and his Oppositions so faint that he rather encreased than allayed their fury By several returns to His Majesty for new Instructions he gave time to the Rebels to consolidate their Conspiracy to call home their Exiles of Poverty that were in Foreign Armies and provide Arms for open Force By his false representations of the state of things he induced the King to temporize with the too-potent Corruption of that Nation an Artifice King JAMES had sometimes practised and by granting their desires to make them sensible of the Evils which would flow from their own Counsels Therefore the King gave Order for revoking the Liturgy the High-Commission the Book of Canons and the Five Articles of Perth But the Covenanters were more insolent by these Concessions because they had gotten that by unlawful courses and unjust force which Modesty and Submission had never obtained and imputing these Grants to the King's Weakness not His Goodness they proceeded to bolder Attempts Indicted an Assembly without Him in which they abolished Episcopacy excommunicated the Bishops and all that adhered to them Afterwards they seised upon the King's Revenue surprised His Forts and Castles and at last put themselves into Arms. Provoked with these Injuries the King amasses a gallant Army in which was a very great appearance of Lords and Gentlemen and with these marches and incamps within two miles of Berwick within sight of the Enemy But their present Condition being such as could endure neither War nor Peace they endeavoured to dissipate that Army which they could not overthrow by a pretence to a Pacification For which they petitioned the King who yielded unto it out of His innate tenderness of His Subjects Blood So an Accord was made June 17. An. 1639 and the King disbands His Army expecting the Scots should do the like according to the Articles of Agreement But they being delivered from Fear would not be restrained by Shame from breaking their Faith For no sooner had the King disbanded but they protested against the Pacification printed many false Copies of it that might represent it dishonourable to the King retained their Officers in pay changed the old Form of holding Parliaments invaded the Prerogatives of the Crown and sollicited the French King for an aid of Men and Money This perfidious abuse of His Majestie 's Clemency made those that judge of Counsels by the issue to censure the King's Facility Some wondred how He could imagine there would be any Moderation in so corrupt a Generation of Men and that they who had broken the Peace out of a desire of War should now lay aside their Arms out of a love to Quiet That there would be alwaies the same causes to the Scots of disturbing England and opposing Government their unquiet Nature and Covetousness therefore unless some strong impression made them either unable or unwilling to distract our quiet the King was to look for a speedy return of their Injuries Others attributed the Accord to the King's sense that some eminent Officers in his own Camp were polluted with Counsels not different from the Covenanters and that Hamilton His Admiral had betrayed the seasons of fighting by riding quietly in the Forth of Edinburgh and had secret Conference with his Mother the great Nurse of the Covenant on Shipboard But most referred it to the King 's innate tenderness of His Subjects Blood and to His Prudence not to defile His Glory with the overthrow which seemed probable of a contemptible Enemy where the gains of the Victory could not balance the hazards of attempting it While Men thus discourse of the Scots Perfidiousness An. 1640 the King prepares for another Army and in order thereto calls a Parliament in Ireland and another in England for assistances against the Rebels in Scotland The Irish granted Money to raise and pay Eight Thousand Men in Arms and furnish them with Ammunition Yet this Example with the King's account of the Injuries done to Him and this Nation by the Scots and his promise of for ever acquitting them of Ship-money if now they would freely assist Him prevailed nothing upon the English Parliament whom the Faction drew aside to other Counsels And when the King sent Sr Henry Vane to remind them of His desires and to demand Twelve Subsidies yet to accept of Six but he industriously as was collected from his own and his Sons following practices insisted upon the Twelve without insinuation of the lesser quantity His Majesty would be contented with which gave such an opportunity and matter for seditious Harangues that the House was so exasperated as that they were about to Remonstrate against the War with Scotland To prevent this ominous effect of the falseness of His Servant the King was forced to dissolve the Parliament May 5. yet continued the Convocation which granted Him Four Shillings in the Pound for
all their Ecclesiastical Promotions But the Laity that in the House had not time to declame against His Majestie 's Proceedings did it without doors for being dispersed to their homes they filled all places with suspicious rumours and high discontents and in Southwark there was an open Mutiny began which was not pacified without much danger and the Execution of the principal Leaders The King thus betrayed defamed and deserted by those who should have considered that in His Honour their Safety was embarqued though He had no less cause to fear secret Conspiracies at Home which were more dangerous because obscure than the Scots publick Hostility yet vigorously prosecuted his undertaking and raised a sufficient Army but could not do it with equal speed to His Enemies who had soon re-united their dispersed Forces and incouraged by the Faction with whom they held Intelligence in England contented not themselves to stand upon the defence but invaded us and advanced so far before all the King's Army could be gathered together that they gave a defeat to a Party of it ere the Reer could be brought up by the Earl of Strafford who was appointed General or the King could come to incourage them with His Presence He was no sooner arrived at his Army but there followed Him from some English Lords a Petition conformable to the Scotch Remonstrance which they called the Intentions of the Army So that His Majesty might justly fear some attempts in the South while He was thus defending Himself from the Northern injuries The King answered the Petitioners That before their Petition came He had resolved to summon all the Peers to consult what would be most for the Safety of the Nation and His own Honour Who accordingly met Sept. 24. Where it was determined that a Parliament should be called to meet Nov. 3. and in the mean time a Cessation should be made with the Scots with whom some Commissioners from the Parliament should treat Nov. 3. began that Fatal Parliament which was so transported by the Arts of some unquiet persons that they dishonoured the name and hopes of a Parliament ingulfed the Nation in a Sea of Blood ruined the King and betrayed all their own Priviledges and the People's Liberty into the power of a phanatick and perfidious Army And although His Majesty could not hope to find them moderate yet He endeavoured to make them so telling them at their meeting that He was resolved to put himself freely upon the Affections of His English Subjects that He would satisfie all their just Grievances and not leave to malice it self a shadow to doubt of His desire to make this a glorious and flourishing Kingdom He commended to their care the chasing out of the Rebels the Provisions of His own Army and the Relief of the oppressed Northern Counties But the Malignity of some few and the ignorance of more employed that Assembly in other matters first in purging their House of all such as they conceived would not comply with their destructive Enterprises and for such men they either found some fault with their Elections or made them Criminals in some publick Grievance though others of a deeper guilt they kept among them that their Offences might make them obnoxious to their power and obsequious to their commands Then with composed Harangues they declamed upon the publick Grievances and reckoned up causal Misfortunes amongst designed Abuses of Government every way raising up Contumelies against the present Power and that which was fullest of Detraction and Envy was applauded as most pregnant with Liberty Thus pretending several Injuries had been done to the People they raised the Multitude to hopes of an unimaginable Liberty and a discontent with the present Government After this they set free all the Martyrs of Sedition that for their malignant Libels had been imprisoned and three of them were conducted through London with such a company of people adorned with Rosemary and Bayes as it seemed a Triumph over Justice and those Tribunals that sentenced them Then they fell upon all the chief Ministers of State they impeached the Earl of Strafford Lord Lieutenant of Ireland after him the Archbishop of Canterbury the Lord Finch Keeper of the Great Seal the Judges that according to their Oath had determined Ship-money legal and others some of which fled those that were found were clapt in Prison so that the King was soon despoiled of those that were able or faithful to give Him Counsel and others terrified in their Ministry to Him While the Factious thus led the House their Partisans without by their Instructions formed Petitions against the Government in Church and State to which they seduced the ignorant Rabble in the City and several Counties to subscribe and in a tumultuous manner to present them to their Patriots Who being animated by the success of their Arts fell to draw up a Bill for Triennial Parliaments wherein the Power of calling that great Council of the Nation was upon the refusal of the King and the neglect of others devolved upon Constables which prophanation of Majesty though the King disswaded them from yet they persisted in and He passed it After five Months time for so long a space they took to rake up Matter and Witnesses to justifie their accusation An. 1641 and to give leisure to the Court for Overtures of gainfull Offices to the great Sticklers against him which not appearing the Earl of Strafford is brought to his Triall in Westminster-Hall before the Lords as His Judges the King Queen and Prince sitting behind a Curtain in an adjoyning Gallery and round about the Court stood the Commons His Accusers and Witnesses were English Scotch and Irish and indeed so brave a Person could not be ruined but by the pretended hatred of the whole Empire The English were such as envied his Vertues and greatness in the King's Favour The Scotch because they knew his Prudence able to counterwork their Frauds discover their impudent Cheats and his wise management to overthrow their Force The Irish hatred arose from his just and necessary Severity in his Government whereby he had reduced them from so great a Barbarousness that was impatient of Peace to a Civility that was fertile of Plenty and by Artifices Husbandry and Commerce had rendred that tumultuary Nation so rich that they were now able to repay to the English Treasury those great Debts which their former Troubles and Commotions had contracted Although those of this Nation were Papists and sworn Enemies both of the English name and State and were even then practising and meditating their Rebellion which they hoped more easie when so wise a Governour was removed and so prone enough of themselves to the Crime yet were they much caressed by the Faction that these in the name of the whole Kingdom should press the Earl with envy to the Grave His Charge consisted of twenty eight Articles that their number might cover their want of Evidence To all which the Lieutenant whose
His Atturney-General to accuse Five Members of the House of Commons and one of the Lords upon Articles of High Treason to be tried according to the Laws of the Land And He also sends some other Officers to seal up their Trunks and Cabinets in their several Lodgings and to secure their Persons This being related to the House of Commons wherein the Faction was now grown more powerful and with whom did joyn many men of Integrity in this Occurrence being too careful of the Priviledges of their House which yet secure none of the Members against Justice for Murder Felony or Treason they were so far from admitting the King's Charge against them that they accused the King of breach of Priviledge and Vote all those guilty of Enmity to the Commonwealth that shall obey the King in any of His Commands concerning them This obstruction of Justice so far moved the King together with the Advice of some of His Council that were also of the House of Commons as also an hope of rooting up the Faction this way that none through the hope of Concealment should be incouraged to conspire the publick Ruine that He Himself with about an hundred Lords and Gentlemen and their followers went to the House of Commons Where commanding His Attendants to move no further than the Stairs to offer no violence nor return any uncivil Language to any although provoked Himself with the Paltzgrave only enters the House and demands that the Incendiaries might be delivered into His hands with whom he promises to deal no otherwise than according to the Law But they whom He sought being before informed as it is reported of the King 's coming by the secret Intelligence of Marquess Hamilton and a Court Lady who having lost the Confluence of Servants with her Beauty sought now to prevent a solitude by politick Ministeries had forsook the place and withdrawn themselves into the Sanctuary of the City Wherefore the King having renewed His Charge without injury to any immediately departs But the Faction would not let Him so rest but prosecuted this attempt of His with all the Clamours that they possibly could raise spread the sparks of Dissension far and wide make the common People mad with Fears and Distractions stir up some in several Counties to bring Petitions for the Impeached Members and their Violated Priviledges and at last prepare an armed Rabble disposed into Order to bring the accused Demagogues to the House from their Coverts in London This coming to the knowledge of the King although many Gallant and Faithful Persons proffered their Service by mingling with the Rout or by being as Spectators to curb any Insolencies that should be attempted on Him yet was He resolved to withdraw Himself with the Queen and their Children to Windsor that He might permit their Fury to languish when it had no opposition and to give time for their jealousies and rumours to wax old and perish For the first Indignation of a mutinous Multitude is most fierce and a small delay breaks their consent and Majesty would have a greater Reverence if any at a distance The King's Wisdom was perceived by His Enemies and therefore to counterwork it and not to let the People sleep without fear lest they should come to be sober and return to the love of Obedience strange reports were every day brought of dangers from the King That Troops of Papists were gathered about Kingston upon the Thames where the County Magazine was lodged under the command of the Lord George Digby who was then famed to be a Papist though at that time he was an elegant Assetor of the Protestant Faith and Col. Lunsford who was characterised to be of so monstrous an Appetite that he would eat Children And Parties were sent to take them both which found no such dreadful Preparations At other times when the People on the Lord's days were at Divine Worship they were distracted from it by Alarms that the Papists who and from whence none could tell were up in Arms and were just then about to fire their Houses and mix their Blood with their Prayers That there were Forces kept in Grotts and Caves under Ground that should in the Night break out into the midst of the City and cut all their Throats And what was more prodigious and though ridiculous yet had not a few Believers in London That there were Designs by Gunpowder to blow up the Thames and choak them with the Water in their Beds Thus were the people taught to hate their Prince and by bloody News from every Quarter they were instructed to that Cruelty which they vainly feared and to adore those by whose Counsels they were delivered from so unexpected Dangers By all this the Faction gained the repute of Modesty inferiour to their supposed Trust when they demanded nothing else but the Command of the Tower and the Militia of all the Counties in England together with the Forts and Castles of the same For all which they moved the House of Commons to petition who desiring the Conjuncture of the Lords in the same were wholly refused by them Therefore stemm'd by the Faction they petition alone Which unlimited Power the King absolutely refused to grant unto them who He foresaw would use that as they had all His other Concessions to the ruine of the Author of their Power Yet was pleased to consent after He had demonstrated the Prejudice they required to the English Nation that they might send over an Army of 10000 Scots into Ireland and deliver unto them the strong Town and Port of Carickfergus one of the chief Keys of that Kingdom which was done to oblige the Scots to them in their future Designs And also He was pleased to wave the Prosecution of the Impeached Members and was willing to grant a Free and General Pardon for all His Subjects as the Parliament should think convenient But all this could not content them who had immoderate Desires and they were more discontented that they could not usurp the King 's Right than if they had lost their own Privileges therefore to bring the Lords to a Concurrence with them the hitherto prosperous art of Tumultuous Petitions was again practised and great Numbers from several Counties were moved to come as Earthquakes to shake the Fundamental Constitutions of their House and to require that neither the Bishops nor the Popish Lords should continue in their ancient Right to Vote among the Peers By this means they should weaken the King in the Voices of that House and whosoever they could not confide in they could fright Him from Voting against them by exposing him as Popish to the Popular Fury For this was the method of using the Petitions The most common Answer was with Thanks and that the House of Commons were just now in consideration thereof The Petitioners were taught to reply that They doubted not of the Care of the Commons House but all their Distrust was in the House of Lords where 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
to single Him out of all the Kings of the Earth as the fittest Champion to wrestle with Adversity and to make Him glorious by Sufferings which being well born truly prove men Great yet would He furnish Him almost by a Miracle likewise with such Advantages in the conduct of which His Prudence and Magnanimity might evidence that He did deserve Propserity and by clearing up even this way His eminent Vertues warn the following Ages from a Credulity to unquiet Persons since the best of Princes was thus infamously slandered From all these concurring Causes each one in their Way and Order did the King's Strength so far increase as that He won many Battles and was not far from Conquest in the Whole War had not God seen fit to afflict this sinful Nation with Numerous and most Impious Tyrants and make us feel that no Oppressions are so unsupportable as those which are imposed by such as have made the highest Pretensions to Liberty of which we had bitter experience after the War was finished that was now begun For there had been some slight Conflicts ere this in the several Countries betwixt the Commissioners of Array and the Militia with various Successes which require just Volumes and compleat Histories to relate and cannot be comprehended in the short View of the King's Life where it is only intended to speak of those Battles in which the King in Person gave sufficient evidence of His Wisdom and Valour The first of which was at Edge-Hill on Oct. 23. For the King had no sooner gotten a considerable Force though not equal to those of His Enemies but He matched towards London and in His way thither met with Essex's Army that were come from thence to take Him The King having viewed their Army by a Prospective-glass from the top of that Hill and being asked afterwards by His Officers what He meant to do To give them battle said He with a present Courage it is the first time I ever saw the Rebels in a Body God and good Mens Prayers to Him assist the Justice of My Cause and immediately prepared for the Fight which was acted with such a Fury that near 6000 were slain according to the common account but some say a far less number were slain upon the place Night concluded this Battle which had comprehended the whole War had not the King 's prevailing Horse preferr'd the Spoils to Victory and left the Enemy some advantage to dispute for her But the King had all the fairest marks of her Favour For though He had lost His General yet he kept the Field possessed the dead Bodies opened His way toward London and in the sight of some part of the Army of Essex who accounted it a Victory that He was not totally routed and killed took Banbury and entred Triumphantly into Oxford which He had designed for His Winter-quarters with 150 Colours taken in fight And having assured that place He advances towards London whither Essex had gotten before Him and disposed his baffled Regiments within 10 Miles of the City yet the King fell upon two Regiments of them at Brainford took 500 Prisoners and sunk their Ordnance From thence intending to draw nearer London He had intelligence that the City had powred forth all their Auxiliaries to re-inforce Essex's Troops to which being unwilling to oppose His Souldiers wearied with their March nor thinking it safe to force an Enemy to fight upon Necessity which inspires a more than Ordinary Fury He retreats to Oxford having taught His Enemies that He was not easily to be overcome For in the management of this Battle He did not only undeceive the abused World of those Slanders which His Enemies had polluted Him with but He exceeded that Opinion His own Party had of His Abilities and though He parted from London altogether unexperienced in Martial Affairs yet at Edge-Hill He appeared a most Excellent Commander His Valour was also equal to His Prudence and He could as well endure Labours as despise Dangers And by a communication of toils encouraged His Souldiers to keep the Field all the Night when they saw He refused the refreshments of a Bed for He sought no other Shelter from the injuries of the Air than His own Coach These Vertues and this Success made such an impression on the Parliament that though they took all courses to hide the Infamy of their worsted Army yet in more humble Expressions than formerly they Petitioned the King for a Treaty of Peace which His Majesty very earnestly embraced But the Faction who were frighted with these Tendencies to an Accommodation cause some of the City to Petition against it and to make proffer of their Lives and Fortunes for the prosecution of the War Encouraged by this they form their Propositions like the Commands of Conquerours and so streighten the Power and time of their Commissioners that the Treaty at Oxford became fruitless which there had taken up all the King's Employment this Winter though abroad His Forces were busie in several Parts of the Nation not without Honour At the Opening of the Spring the Queen comes back to England An. 1643 bringing with Her some considerable Supplies of Men Money and Ammunition and Her coming was entertained with such a Series of Successes that the King that Summer was Master of the North and West except some few Garrisons Which so dismaied the Parliament that very many of them were preparing to quit the Kingdom and had the King followed His own Counsels to march immediately towards London and not been fatally over-born at a Council of War which it is said His Enemies at London did assure their Party would so be first to attempt Gloucester He had in the judgment of all discerning men then finished the War with Glory But here He lay so long till Essex had gotten a Recruit from London and came time enough to Relieve the Town though in his Return the King necessitated him to fight worsted him near Newbery and so bravely followed him the next day that He forced the Parliaments Horse which were left in the Reer to seek their safety by making their way over a great part of their Foot yet lost on His side much Noble Blood as the Earls of Carnarvan and Sunderland and Viscount Falkland This last was lamented by all being equally dexterous at the Pen and Sword had won some Wreaths in those Controversies that were to be managed by Reason and was eminent in all the Generous parts of Learning above any of his Fortune and Dignity After this Encounter the King returns to Oxford to consult with those Members of both Houses that had left the Impostures and Tumults at London to joyn with Him for the Common Benefit who being as to the Peers the far greater and as to the Commons an equal Number with those at Westminster they assumed the Name and Authority of Parliament and deliberated of the ways of Peace and means to prevent the Desolations which the Faction so
Fight which being varied with different successes in the several divisions each party drew off by degrees and neither found cause to boast of a Victory The King being returned to Oxford the Parliament wearied with the Complaints of the oppressed Nation who now grew impatient under the Distractions take into Consideration His Majesty's two Messages for Peace and sent Propositions for it in the name of the two Parliaments of England and Scotland united by Solemn League and Covenant Which though they seemed the desires of minds that intended nothing less than the common Tranquillity yet the King neglects them not but hoping that in a Treaty Commissioners might argue them into Reason offers it which with much difficulty the Houses are drawn to accept but yet would have it at Vxbridge a place but about fifteen miles distant from London and above twice that distance from Oxford And accordingly Commissioners from both Parties met on Jan. 30. While the King was providing for the Treaty and forming Instructions for His Ministers the Faction found the Parliament other work by new designs and to habituate the People to an abhorrency of Peace fed them with blood The two Hothams first were to be the Sport of the Multitude and that the Father might have more than a single death he was drawn back in his journey to the Scaffold Decemb. 31. that his Son might be executed before him as he was Jan. 10. when after he had expressed his fury to those Masters whom they had served to their ruines his Head was chopt off And on Jan. 20. the Father is brought to the place that was defiled with his Son's blood and had his own added to it These were not much lamented by any for the memory that they first kindled the Flame of the Nation kept every eye dry The People thus fed with courser blood a cleaner Sacrifice was afterwards presented William Laud Archbishop of Canterbury and Primate of all England He had indured Imprisonment four years and passed through a Trial of many months in which he had acquitted himself with such a confidence as became the Innocency and Constancy of a Christian Bishop and Confessor but yet must fall to please the Scots and those merciless men who imputed God's anger in the difficulties of Success against their Prince to the continuance of this Prelate's life therefore he was voted guilty of High Treason by the House of Commons and was condemned in the House of Peers though they have no power over the life of the meanest Subject without the concurrence of the King when there were but seven Lords present and all those not consenting to the Murder to be drawn hanged and quartered And this was the first Example of murdering men by Votes of killing by an Order of Parliament when there is no Law It was moved they say by some that he might be shipp'd over to New-England to die by the Contempt and Malice of those People But this seemed too great an Honour because it would make his end as his life was much like that of the Primitive Bishops who for their Piety were banished to Barbarous Coasts or condemned to the Mines Or else it would be like an Athenian Ostracism and confess him too great and good to live among us Therefore this motion was rejected yet the Lords upon his Petition to the distaste of some Commons changed the manner of that vile Execution to that more generous of being beheaded To the Scaffold he was brought Jan. 10. after he had endured some affronts in his Antichamber in the Tower by some sons of Schism and Sedition who unseasonably that morning he was preparing himself to appear before the great Bishop of our Souls would have him give some satisfaction to the Godly for so they called themselves for his Persecutions which he called Discipline To whom he answered That he was now shortly to give account of all his Actions at an higher and more equal Tribunal and desired he might not be disturbed in his Preparations for it When he came to the Scene of his death he appeared with that chearfulness and serenity in his face as a good Conscience doth beautifie the owners with and it was so conspicuous that his Enemies who were ashamed to see his Innocency pourtraited in his Countenance did report he had drunk some Spirits to force his nature from a paleness He preached his own Funeral Sermon on that Text Heb. 12. 2. and concluding his life with Prayer submitted himself to the stroke of the Ax. He was a Person of so great Abilities which are the Designations of Nature to Dignity and Command that they raised him from low beginnings to the highest Office the Protestant Profession acknowledges in the Church And he was equal to it His Learning appear'd eminent in his Book against Fisher and his Piety illustrious in his Diary although published by One that was thirsty of his blood and polluted with many malicious comments and false Surmises to make him odious He was of so Publick a Spirit that both the Church and State have lasting Monuments of the Vertuous use of his Prince's favour at his Admittance into which he dedicated all the future Emoluments of it to the Glory of God and the Good of Men by a Projection of many noble Works most of which he accomplished and had finished the rest had not the Fate of the Nation checked the current of his Designs and cut off the Course of his Life He was not contented by himself only to serve his Generation for so he might have appeared more greedy of Fame than desirous of the Universal Benefit but he endeavoured to render all others as Heroick if they aimed at a Capacity for his Friendship for I have heard it from his Enemies no great man was admitted to a confidence and respect with him unless he made his Address by some Act that was for the Common Good or for the Ornament and Glory of the Protestant Faith Learned men had not a better Friend nor Learning it self a greater Advancer he searched all the Libraries of Asia and from several parts of the World purchased all the Ornaments and Helps of Literature he could that the English Church might have if possible by his Care as many Advantages for Knowledge as almost all Europe did contribute to the Grandeur of that of Rome The Outward Splendour of the Clergy was not more his Care than their Honour by a grave and pious Conversation he would put them into a power of doing more good but was severe against their Vices and Vanities He scorned a private Treasure and his Kindred were rather relieved than raised to any greatness by him In his Election of Friends he was determinated to the Good and Wise and such as had both Parts and Desires to profit the Church had his closest Embraces if otherwise it happened their frauds not his choice deserved the blame Both Papists and Sectaries were equally his Enemies one Party feared
to be gained but by the Publick Ruine they fly from Prayers to Arms and intitle their just War For the Liberty of King and People And in several places as in Kent Essex Suffolk Norfolk Cornwall Yorkshire Wales and at last in Surrey multitudes take Arms for this Righteous Cause The Navy also fall off and setting Rainsbrough their levelling Admiral on Shore seventeen Ships deliver themselves up to the Prince of Wales The Scots likewise by an Order of their own Parliament send into England to recover the Liberty and Majesty of the King an Army under Hamilton But all was in vain God had decreed other Triumphs for His Majesty and to translate Him to another Kingdom For the English being but tumultuarily raised having no train of Artillery nor Ammunition considerable were soon supprest by a veterane Army provided with all necessaries The Scots either through weakness or wickedness of their Commanders who made so disorderly a March that their Van and Reer were forty miles asunder were easily worsted by Cromwell who surprised their main Body and Hamilton was taken Prisoner Cromwell follows the scattered Parties into Scotland where they were likewise assaulted by Argyle a domestick Enemy and forced to submit those Arms the Parliament had put into their hands to the Faction of that false Earl who calls another Parliament from which all were excluded that in the former Voted for the King's Delivery and all the Orders of that Convention made void Cromwell had the Publick Thanks and the private Faith of Argyle to endeavour as opportunity permitted the extirpation of Monarchy out of Scotland The Navy also deserts the Prince being corrupted by the Earl of Warwick who was appointed for this Service and when he had ingloriously bought off their Faith to their lawful Prince himself was ignominiously cashiered by the Conspirators These great disappointments and overthrows of just Enterprises men variously attributed to different Causes Some to the Perfidiousness others to the Weakness of those that managed them as also to the Treachery of some Presbyterians who in hatred to the Army first incouraged and then in Jealousie of the Royalists basely deserted them For the Rabbies of the Kirk cursed Hamilton in the beginning of his Enterprise Another sort thought them unhappy because the greatest part of the Undertakers were such that formerly had either fought against the King or else had betrayed Him and God would not now bless their unexpiated Arms. And some to the Fate of the Kingdom which God had decreed to give over to numerous and impious Tyrants because of their unthankfulness and impatience under so Incomparable a Prince But while these things were managed by the Army that were now at a distance and Cromwell's Terrors were greater in Scotland than here the less guilty Parliament-men seriously considering how impatient the People who in London and other places had gotten innumerable Subscriptions to a Petition for a Personal Treaty now were of those Injuries that were done to their Sovereign how hateful themselves grew because they had betrayed and inslaved their own Privileges together with the Liberties of the Subject to an insatiable and Phanatick Army and how an evident Ruine attended even their Conquests of Him whom it was unlawful to assault did at last though too late contrary to the clamours of their factious and Democratick Members Repeal those Votes which they had formerly made of No more Addresses to the King This being passed in both Houses they afterwards with a strong Consent vote a Treaty with the King in Honour Freedom and Safety The factious Party in the Parliament found themselves too few and weak to oppose this impetuous tendency of the Two Houses and the whole Kingdom to Peace But yet they endeavoured to frustrate the labours of their more sincere Members and to baffle the People's just desires of it by imposing many unequal Conditions and obstructive restrictions For they procured that the Treaty should be in the Isle of Wight and not at London that it should be by Commissioners and not immediately with the two Houses as was petitioned The Propositions that were sent to be treated were the same which had before been offered to the King at Hampton-Court and were then rejected by Him and also condemned by the Army it self as too unjust The Commissioners were so streightned in Power that it was not lawful for them to soften any one of the Conditions of Peace not to alter the Preface or change the Order of the Propositions nor to debate a Subsequent till the Precedent were agreed on They could conclude nothing they were only to propose the Demands urge Reasons for the Royal Assent receive the King's Answer and refer all in writing to the Parliament whose slow Resolves and the delays of sending were supposed would consume that narrow measure of time which was appointed to debate so many and so different things for they were limited to forty days The Commissioners they sent were five of the Lord's House and twelve of the Commoners and with them some of their Presbyterian Ministers who were to press importunately for their Church-government to elude the King's Arguments for Episcopacy and only to impose not to dispute their own With all these upon so many several and different Propositions some relating to the Law of the Land others to Reason of State and some to the practice of the Apostolical Primitive Churches the King was to deal without publick assistance For though He was permitted the ministry of some Officers of State Counsellours and Divines yet were they but of private advice and to stand behind the Curtain He only Himself was to speak in the debate and singly to manage matters of Policy with their most exercised Statists and the points of Divinity with their best-studied Divines The Vulgar to whom the arts of these men were not so obvious were much pleased with the Name of a Treaty and now hoped to exchange their Servitude under so many importunate Tyrants for the moderate and easie Government of one Lawful King Others that had a clearer insight and observed with what difficulties it was burthened hoped for no benefit from it Because that if His Majesty should not consent as they believed he would not then He would be the object of the popular impatience And if He should consent He that now was thought to be most injuriously dealt with would then be conceived not to deserve the Pity even of his Friends nor could He gain any other thing by His Concessions than to be ruined with more Dishonour So that considering both the inviolable Integrity of His Majesty and the implacable Malice of His Enemies they despaired of any happy Issue But beyond the Faith of these men and the Hopes of the other the King 's incredible Prudence had found Temperaments for their most harsh Propositions And by a present Judgment and commanding Eloquence did so urge His own and refel their Arguments that He forced an Admiration of Himself
there were Twenty Dissenters blush to assume the Authority of managing the weightiest affairs of the English Empire to alter and change the Government to expose His Majesty to a violent Murder and to overthrow the Ancient Fundamental Laws of the Kingdom For being wholly devoted to the service of the Army they communicated counsels with them and whatsoever was resolved at the Council of War passed into a Law by the Votes of this Infamous remnant of the House of Commons who now served the Souldiers in hopes of part of the Spoil and a precarious Greatness which being acquired by so much Wickedness could not be lasting In order therefore to the Army's design they revive those Votes of No Addresses to the King which had at first but surreptitiously and by base practices passed and had been afterwards repealed by a full House Those Votes of a Treaty with the King and of the Satisfactoriness of His Concessions with scorn they rased out of the Journal-Book And then proceeded to Vote 1. That the People under God are the Original of all Just Power 2. That the Commons of England assembled in Parliament being chosen by and representing the People have the Supreme Authority of this Nation 3. That whatsoever is enacted and declared for Law by the Commons of England assembled in Parliament by which they understood themselves hath the force of a Law 4. That all the People of this Nation are concluded thereby although the Consent and Concurrence of the King and House of Peers be not had thereunto 5. That to raise Arms against the People's Representative or Parliament and to make War upon them is High Treason 6. That the King Himself took Arms against the Parliament and on that account is guilty of the blood shed throughout the Civil War and that He ought to expiate the crime with His own blood Those that were less affected with the common Fears and Miseries could not temper their mirth and scorn at such ridiculous Usurpers that thought to adjust their Crimes by their own Votes that in one breath would adorn the People with the Spoils of Monarchy and in the next rob the People to invest themselves And it is said that even Cromwell who intended to ruine our Liberty was ashamed and scorned their so ready Slavery and afterwards did swear at the Table of an Independent Lord that he knew them to be Rascals and he would so serve them Others of more melancholy Complexions considering the baseness of these servile Tyrants and the humours of their barbarous masters the Souldiers all whose inhumanities they were to establish by a Law and that Power gotten by Wickedness cannot be used with the Modesty that is sit for just Magistrates justly feared that as under the King they had enjoyed the height of Liberty so under these men they were to be overwhelmed in the depth of Slavery and that these Votes which overturned the very Foundation of our Laws could not be designed but for some horrid Impiety and our lasting Bondage which came so to pass For in their next Consultations they constitute a Tribunal to sentence their Sovereign which afterwards they used as a Shambles for the most Loyal and Gallantest of the Nobless and People of the most abject Subjects and to procure a Reverence to the Vilest of men they give it the specious name of The High Court of Justice For which they appoint 150 Judges that the Number might seem to represent the whole Multitude of the most violent and heady of all the Faction To whom they give a power of citing hearing judging and punishing CHARLES STUART King of England To make up this Number they had named six Peers of the Upper House and the twelve Judges of the Land But the greatest part were Officers of the Army who having confederated against His Majesty and publickly required His Blood could not without a contempt to the light of Reason be appointed His Judges and Members of the Lower House who were most violent against Monarchy and indeed all Government wherein themselves had no share The rest were Persons pick'd out of the City of London and Suburbs thereof who they imagined would be most obsequious to their Lusts Those that surveyed the List and knew the men deemed them most unfit for a Trust of Justice and proper Instruments for any wicked undertaking for of these Judges one or two were Coblers others Brewers one a Goldsmith and many of them Mechanicks Such among them as were descended of ancient Families were Men of so mean worth that they were only like the Statues of their Ancestors had nothing but their Names to make them knownunto the World Some of them were Spend-thrifts Bankrupts such as could be neither safe nor free unless the Kingdom were in Bondage and most notorious Adulterers whose every Member was infamous with its proper Vice Vain and Atheistical in their Discourse Cowardly and Base in Spirit Bloody and Cruel in their Counsels and those Parts that cannot honestly be named were most dishonest One of them was accused of a Rape Another had published a Book of Blasphemies against the Trinity of the Deity Some of them could not hope to get impunity for their Oppressions of the Country and Expilations of the publick Treasure but by their ministry to this Murther Others could not promise themselves an advancement of their abject or declining Fortune but by this Iniquity Yet all these by the Faction were inrolled in the Register of Saints though fitter to standas Malefactors at the Bar than to sit upon Seats of Judgment And notwithstanding their diligent search for such a Number of Men who would not blush at nor fear any guilt some of those whom they had named in abhorrencie of the Impiety refused to sit and some that did yet met there in hopes of disturbing their Counsels All this while the House of Peers were not consulted and it was commonly supposed that most of them terrified with those Preparations against the King the only defence of the Nobless against the Popular Envie would absent themselves from that House except four or five that were the Darlings of the Faction and they deemed the Names and Compliance of those few were enough to give credit and Authority to their bloody Act. But in them they were disappointed also for some of the Peers did constantly meet and on that day wherein the Bill for Trial of the King was carried up to that House there were Seventeen then present a greater Number than usual who all Unanimously even the Democratick Lords not dissenting did reject the Bill as Dangerous and Illegal This so highly provoked the Fury of the Faction that they meditated a severe revenge and for the present blotted out those Peers whose Names they had before put into their Ordinance to make the Court more splendid After this they did also rase out the names of the Judges of the Land for they being privately consulted concerning these Proceedings against the King
although they had been all raised to that Dignity and Trust by the Faction yet answered that It was contrary to the known Laws and Customs of England that the King should be brought to Tryal To heal these two wounds which the Lords and Judges had branded their Cause with they use two other Artifices to keep up the Spirits and Concurrence of their Party First they bring from Hertfordshire a Woman some say a Witch who said that God by a Revelation to her did approve of the Armie's Proceedings Which Message from Heaven was well accepted of with thanks as being very seasonable and coming from an humble Spirit A second was the Agreement of the People which was a Module of a Democratical Polity wherein those whose abject Condition had set them at a great distance from Government had their hopes raised to a share of it if they conspired to remove the great Obstruction which was the Person and Life of the King This was presented to the House of Commons by Sr Hardress Waller and sixteen other Officers as a temporary remedy for when they had perpetrated their Impiety they discountenanced and fiercely profecuted those that endeavoured it In confidence of these their Arts and their present Power notwithstanding all these publick Abhorrencies and Detestations by all Persons of Honour and Knowledge they enacted their Bill And for President of this Court they chose one of the Number John Bradshaw A person of an equal Infamy with his new employment a Monster of Impudence and a most fierce Prosecutor of evil purposes Of no repute among those of his own Robe for any Knowledge in the Law but of so virulent and petulant a Language that he knew no measure of modesty in Speaking and was therefore more often bribed to be silent than fee'd to maintain a Client's cause His Vices had made him penurious and those with his penury had seasoned him for any execrable undertaking They also had a Sollicitor of the same metal John Cook A needy Man who by various Arts and many Crimes had sought for a necessary Subsistence yet still so poor that he was forced to seek the shelter of obscure and sordid Corners to avoid the Prison So that vexed with a redious Poverty he was prevailed upon through the hopes of some splendid booties to venture on this employment which at the first mention he did profess to abhorr These were their chief Agents other inferiour Ministers they had equally qualified with these their prime Instruments as Dorislaus a German Bandito who was to draw up the Charge Steel another of their Counsel under pretence of sickness covered his fear of the Event though he did not abhor the wickedness of the Enterprise having before used his Tongue in a cause very unjust and relating to this the Murther of Captain Burleigh The Serjeants Clarks and Cryer were so obscure that the World had never taken notice of them but by their subserviency to this Impiety These were the publick Preparations In private they continually met to contrive the Form of their Proceedings and the Matter of their Accusation Concerning the first they were divided in Opinions Some would have the King first formally degraded and devested of all His Royal habiliments and Ensigns of Majesty and then as a private person exposed to Justice But this seemed to require a longer space of time than would comport with their project which as all horrid acts was to be done in a present fury lest good Counsels might gather strength by their Delay Others rejected this course as too evidently conforming with the Popish procedure against Sovereign Princes and they feared to confirm that common Suspicion that they followed Jesuitical Counsels whose Society it is reported upon the King's offering to give all possible Security against the Corruptions of the Church of Rome at a Council of theirs did decree to use their whole Interest and Power with the Faction to hasten the King's death Which sober Protestants had reason enough to believe because all or most of the Arguments which were used by the Assertors of this Violence on His Majesty were but gleanings from Popish Writers These Considerations cast the Determination on their side who designing a Tyrannical Oligarchy whereby they themselves might have a share in the Government would have the King proceeded against as King that by so shedding His Blood they might extinguish Majesty and with Him murther Monarchy For several of them did confess that indeed He was guilty of no Crime more than that He was their King and because the Excellency of His Parts and Eminent Vertues together with the Rights of His Birth would not suffer Him to be a private Person In their second debate about the Matter of Accusation all willingly embraced the Advice of Harrison who was emulous of the Power of Cromwell and though now his Creature yet afterwards became the Firebrand and Whirlwind of the following Times to blacken Him as much as they could yet found they not wherewith to pollute His Name For their old Scandals which they had amassed in their Declaration for no more Addresses to the King had been so publickly refuted that they could afford no colour for His Murther Therefore they formed their Accusation from that War to which they had necessitated Him And their Charge was that He had levied War against the Parliament that He had appeared in Arms in several places and did there proclaim War and executed it by killing several of the Good People for which they impeached Him as a Tyrant Traytor Murderer and an implacable Common Enemy This Charge in the Judgment of Considering Men argued a greater guilt in those that prosecuted it than in Him against whom it was formed for they seemed less sensible of the instability and infirmities of Humane Nature than those that had none but her light to make them generous for such never reproached their conquered Enemies with their Victory but these Men would murther their own Prince against whom they had nothing more to object than the unhappy issues of a War which leaves the Conquered the only Criminal while the names of Justice and Goodness are the spoils of the Conquerour How false those Imputations of Tyranny Treason and Murther were was sufficiently understood by those who considered the peaceful part of the King's Reign wherein it was judged that if in any thing He had declined from the safest arts of Empire it was in the neglect of a just Severity on Seditious Persons whom the Laws had condemned to die And in the War it was known how often his Lenity had clipped the Wings of Victory But it appeared that these Men as they had broken all Rights of Peace so they would also those of Conquest and destroy that which their Arms pretended to save How little Credit their Accusation found appeared by the endeavours of all Parties to preserve the King's Person from Danger and the Nation from the guilt of His Blood For while they
were thus ingaged to perpetrate their intended Mischiefs all Parties declare against it The Presbyterian Ministers almost all those of London and very many out of the several Counties and some though few also of the Independents did in their Sermons and Conferences as also by Monitory Letters Petitions Protestations and Remonstrances publickly divulged adjure the Assassinates not to draw so great a Guilt upon themselves and the whole Nation by that Murder For it was contrary to those numerous and fearful Obligations of their many Oaths to the Publick and Private Faith which was exprest in their Protestations and many Declarations to the Laws of the Land those of Nature and Nations and the Commands of Scripture That it was to the dishonour of our Religion and against the publick good of the Kingdom But all was fruitless for they had lost their Ministerial Authority by serving the Faction so long till they needed not their assistance and despised their admonitions Besides the very same Principles they preached to kindle the War were now beat back into their faces and made use of against them to adjust the Murder The people also contemned them for their short-sightedness in that they would be the heady and indiscreet Instruments of such men and in such practices as must of necessity at last ruine them and all Ministers as well as the King and Bishops The Scots also by their Commissioners declare and protest against it The States of Holland by their Ambassadors if they were faithful in their trust did intercede and deprecate it as most destructive to the Protestant Interest Some of the most eminent of the Nobility as the Earl of Southampton the Duke of Richmond the Marquess of Hertford the Earl of Lindsey and others neglect no ways either by Prayers or Ransom to save the King Yea they offered themselves as being the prime Ministers of the King's Commands as Hostages for Him and if the Conspirators must needs be fed with blood to suffer in His stead for whatsoever he had done amiss The Prince piously assays all ways and means to deliver His Father from the danger For besides the States Ambassadors whom He had procured both He and the Prince of Orange did daily send as Agents the Kindred Relations and Allies of Cromwell Ireton and the other Conspirators with full power to propose any Conditions make any Promises and use all Threatnings to divert them if it were possible from their intended Cruelty or at least to gain some time before the Execution But all was in vain for no Conditions of Peace could please them who were possessed with unlawful and immoderate desires their Ambition that is more impetuous than all other affections had swallowed the hopes of Empire therefore they would remove the King to enthrone themselves Some thought that their despair of Pardon had hardened them to a greater Inhumanity for if after all these attempts they continued the King's Life they must beg their own which they knew Justice would not and they resolved Mercy should not give for this is reckoned among the benefits which we hate to receive and Men are usually ashamed to confess they deserved death Whatsoever it was that truly made them thus cruel they publickly pretended no other Motive than the Calls and Ducts of Providence and the Impulses of the Blessed Spirit To carry on this Cheat Hugh Peters the Pulpit-Buffoon of a luxuriant Speech skill'd to move the Rabble by mimical Gestures Impudent and Prodigal of his own and others fame Ignominious from his Youth for then suffering the contumely of Discipline being publickly whipt at Cambridge he was ever after an Enemy my to Government and therefore leagued himself with unquiet Sectaries Preaches before these fictitious Judges upon that Text Psalm 149. 8. To bind their Kings in chains and their Nobles in fetters of iron He assures them undoubtedly that this was prophesied of them that they were the Saints related to in that Scripture that they should judge the Kings of the Earth often calling them in his profane Harangue the Saint-Judges Then he professed that he had for a certain found upon a strict Scrutiny that there were in the Army 5000 Saints no less holy than those that now in Heaven conversed with God Afterwards kneeling in his Pulpit weeping and lifting up his hands he earnestly begs them in the Name of the People of England that they would execute Justice upon that Wretch CHARLES and would not let Benhadad escape in Safety Then he inveighs against Monarchy and wrests the Parable of Jotham to his purpose wherein when the Trees would chuse a King the Vine and the Olive refused the Dignity but the Bramble received the Empire and he compared Monarchy to the Bramble And all the while of contriving and executing this Murder he preached to the Souldiers and in some places about the City bitterly and contemptuously railing against the King Others also of the Congregational perswasion acted their parts in this Tragedy but more closely and not so much in the face of the Sun The Conspirators taking heat from their infamous Preachers whom they themselves had first kindled and somewhat doubting that these several strong Applications from all Parties to save the King and the Universal Discontents might take some advantage from their delay with more speed hasten the Assassination In order to which they send a Serjeant of Arms with a Guard of Horse lest the People should stone him for his Employment into Westminster-Hall and other places in London to summon all that could lay any Crime to the King ' s charge to come and give in their Evidence against Him Having proclaimed their wicked purposes and dress'd up a Tribunal at the upper end of Westminster-Hall with all the shapes of Terrour where the President with his abject and bloody Assistants were placed thither afterwards they bring this most Excellent Monarch whom having despoiled of three Great Kingdoms they now determined also to deprive of Life Into which Scene the King enter'd with a generous Miene shewing no signs of discomposure nor any thing beneath His former Majesty but as if He were to combate for Glory the Monsters of Mankind He undauntedly took the Seat which was set for Him with scorn looking upon the fictitious Judges and with pity upon the People who crouding in the great Gates of the Hall being flung open did bewail in Him the frailty of our Humane condition whose highest Greatness hath no Security A sad Spectacle even to those that were not in danger He being set the Charge against Him was read with all those reproachful terms of Tyrant Traytor and Murderer after which He was impleaded in the name of the People of England This false Slander of the People of England was heard with Impatience and Detestation of all and stoutly attested against by the Lady Fairfax Wife of the Lord Fairfax who by this act shewed her self worthy of her Extract from the Noble Family of the Veres for from
the Ministers in the several Churches in London and in those parts of the Kingdom where His danger was known were very earnest in their Prayers to God for His Diliverance and Spiritual Assistance Some of them in their Sermons declared the horrour of that sin that was about to be committed detested the Impiety of the Parricides and denounced the heavy Judgments which such a sinful Nation polluted with their Prince's blood were to expect The Congregations were dissolved into Tears Some bewailed the sad Condition of the King as the effect of the Sins of the Nation Others cursed their damnable Credulity of the Slanders of that Just man and the promises of Liberty by their Impostors And another sort wept because their Fears did prognosticate those Miseries which the Issue of His blood would let in upon them And every one found matter of grief fear and indignation in the loss of so Excellent a Prince All countenances were full of sadness and astonishment there was no Tumults nor any Quiet every one listning and hearkning either as impatient to know the greatness of their Misery or greedy to receive some hopes of Comfort in their Sovereign's Safety otherwise there was a stilness like that which too strong Passions effect and might be thought a Stupidity rather than a Calmness The next day being Jan. 29. the King was permitted the sight of His Children His conference and words with them was taken in writing and communicated to the World by the Lady Elizabeth His Daughter a Lady of most eminent Endowments who though born in the supremest Fortune yet lived in continual Tears the passages of her Life being spent in beholding the Ruines of her Family and the Murther of her dear Father whom she not long survived but died in that Confinement to which they had cheated His Majesty in Carisbrook Castle in the Isle of Wight While these things were done in publick the Conspirators meet in private in a Committee to appoint every one their part in this Tragedy determine what Gestures they were to affect what Words they were to use as also for the manner place and time of the Murther In which Consultations both now and before the Sentence each one according to the bloodiness of his temperament or servilely to flatter Cromwell by their Cruelty to Him that did obstruct his Ambition did propose several ways either of contempt or hatred in killing their sentenced yet anointed Sovereign Some would have His Head and Quarters fastned upon Poles as it is usual with Traitors that the marks of their Curelty might out-last His Death Others would have Him hanged as they punished Thieves and Murtherers Others gave their Vote that He should suffer in His Royal Habiliments with His Crown and in His Robes that it might be a Triumph of the Peoples power over Kings At last they think it sufficient that He should lose His Head by the stroak of an Ax on a Scaffold near White-Hall Gates before the Banqueting-House that so from thence where He used to sit on His Throne and shew the Splendour of Majesty He might pass to His Grave there parting with the Ensigns of Royalty and laying them down as Spoils where He had before used them as the Ornaments of Empire Thus did they endeavour to make their Malice ingenious and provided Triumphs for their revenge And because they suspected or were informed that as the King had not owned their Authority so He would not submit to their Execution not willingly stoop to the Block they caused to be fastned in it some Iron Staples and Rings that by them with Cords they might draw Him down if He would not comply But His prudent Meekness prevented this Inhumanity and He died disowning their Authority though He could not escape their Power In the midst of these Preparations they cause some Souldiers to offer to His Majesty certain Articles and Conditions to which if He would subscribe they promise Life and the continuance of a precarious Empire either out of a Terrour and Fear of the consequents of their Impieties for the confidence of contriving great Crimes is often turned into a sollicitude when they come to be acted or out of Design to ruine His Conscience and Honour together with His mortal Life if He should consent But when one or two of them had been read to Him He refused to hear any more saying I will suffer a thousand deaths ere I will so prostitute my Honour or betray the Liberties of my People Thus mindful of Justice He would not deface the Splendor of His former Vertues with a too impotent desire of Life At last that Fatal Day Jan. 30. approached and that morning a little before His Death the Conspirators ordered some of their Ministers viz. Marshall Nye Caryl Salway and Dell to pray with Him as they said in order to His passage out of this Life but when these sent to let Him know the end of their coming He returned answer that He was busie they sent a second time and He replied that He was at His Devotions they importunately sent a third time and my Lord of London then desiring to know what answer he should give to satisfie them His Majesty then as unconcerned in their Ministery said My Lord you may give them what answer you please but I am resolved that they who have so often and so causelesly prayed against Me shall not in this My Agony pray with Me they may pray for Me if they please Therefore the King arming Himself with His own Devotions in the Offices of the Church of England in them found an unexpected Comfort for the Gospel for that Day being the History of the Passion of our Saviour did by that Example strengthen the King to follow Jesus and to take up His Cross and His Majesty was thankful for that Pattern Being thus confirmed by the Blood for He took the Sacrament that Morning and Sufferings of His LORD whose Vicegerent He was together with His own Innocency against the Terrors of Death He was brought from St James's through the Park to White-Hall walking very fast and with as chearful a Countenance as if He were going to Hunting a Recreation He was much pleased with often advising His slow guards to move faster adding I now go before you to strive for an Heavenly Crown with less sollicitude than I formerly have led My Souldiers for an Earthly Diadem And being come to the end of the Park He with much Alacrity went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet-Chamber where He continued some time in Devotion while they were fitting the Theatre of His Murther While these things were acting the Lord Fairfax who had always forborn any publick appearance in the practices of this Murther had taken up as is credibly reported some Resolutions either in abhorrency of the Crime or by the Solicitations of others with his own Regiment though none else should follow him to hinder the
took no notice of it although it was so weighty an Occurrence to have His prime Minister cut off in the busie Preparations for a great Design till He had finished His Addresses to Heaven and His Spirit was dismissed from the Throne of Grace to attend the Cares of that on Earth This was so clear an Evidence of a most fixed Devotion that those who built their Hopes upon His Reproaches slanderously imputed it to a secret Pleasure in the fall of him whose Greatness was now terrible to the Family that raised it which both His Majesties care of the Duke's Children afterwards as also the Consideration of His Condition did evince to be false and that the King neither hated him nor needed to fear him whom He could have ruined with a Frown and have obliged the People by permitting their Fury to pass upon him Besides His Majestie 's constant Diligence in those Duties did demonstrate that nothing but a principle of Holiness which is alwaies uniform both moved and assisted Him in those sacred Performances to which He was observed to go with an exceeding Alacrity as to a ravishing pleasure from which no lesser Pleasures nor Business were strong enough for a Diversion In the morning before He went to Hunting His beloved Sport the Chaplains were before Day call'd to their Ministry and when He was at Brainford among the Noise of Arms and near the Assaults of His Enemies He caused the Divine that then waited to perform his accustomed Service before He provided for Safety or attempted at Victory and would first gain upon the Love of Heaven and then afterwards repel the Malice of Men. Those that were appointed by the Parliament to attend Him in His Restraints wondred at His constant Devotions in His Closet and no Artifice of the Army was so likely to abuse Him to a Credulity of their good Intentions as the Permission of the Ministery of His Chaplains in the Worship of God a Mercy He valued to some of His Servants above that of enjoying Wife and Children At Sermons He carried Himself with such a Reverence and Attention that His Enemies which hated yet did even admire Him in it as if He were expecting new Instructions for Government from that God whose Deputy He was or a new Charter for a larger Empire and He was so careful not to neglect any of those Exercises that if on Tuesday Mornings on which Dayes there used to be Sermons at Court He were at any distance from thence He would ride hard to be present at the beginnings of them When the State of His Soul required He was as ready to perform those more severe parts of Religion which seem most distastful to Flesh and Blood And He never refused to take to Himself the shame of those Acts wherein He had transgressed that He might give Glory to His God For after the Army had forced Him from Holmeby and in their several removes had brought Him to Latmas an house of the Earl of Devonshire on Aug. 1. being Sunday in the Morning before Sermon He led forth with Him into the Garden the Reverend Dr Sheldon who then attended on Him and whom He was pleased to use as His Confessour and drawing out of His Pocket a Paper commanded him to read it transcribe it and so to deliver it to Him again This Paper contained several Vows which He had obliged His Soul unto for the Glory of His Maker the advance of true Piety and the emolument of the Church And among them this was one that He would do Publick Penance for the Injustice He had suffered to be done to the Earl of Strafford His consent to those Injuries that were done to the Church of England though at that time He had yielded to no more than the taking away of the High Commission and the Bishops power to Vote in Parliament and to the Church of Scotland and adjured the Dr that if ever he saw Him in a Condition to observe that or any of those Vows he should solicitously mind Him of the Obligations as he dreaded the guilt of the breach should ly upon His own Soul This voluntary submission to the Laws of Christianity exceeded that so memorable humiliation of the good Emperour Theodosius for he never bewailed the Blood of those seven thousand Men which in three hours space he caused to be spilt at Thessalonica till the resolution of St Ambrose made him sensible of the Crime But the Piety of King Charles anticipated the severity of a Confessor for those Offences to which He had been precipitated by the Violence of others This Zeal and Piety proceeded from the Dedication of His whole Soul to the Honour of His God for Religion was as Imperial in the Intellectual as in the Affectionate Faculties of it This Profession of the Church of England was His not so much by Education as Choice and He so well understood the Grounds of it that He valued them above all other Pretensions to Truth and was able to maintain it against all its Adversaries His Discourse with Henderson shews how just a Reverence He had for the Authority of the Catholick Church against the Pride and Ignorance of Schismaticks yet not to prostitute His Faith to the Adulterations of the Roman Infallibility and Traditions Nevertheless the most violent Slanders the Faction laboured to pollute Him with were those that rendred Him inclinable to Popery From which He was so averse that He could not forbear in His indearments to the Queen when He committed a secret to Her Breast which He would not trust to any other and when He admired and applauded Her affectionate Cares for His Honour and Safety in a Letter which He thought no Eye but Hers should have perused to let Her know that He still differ'd from Her in Religion for He says It is the only thing of Difference in Opinion betwixt Vs. Malice made the Slanderers blind and they published this Letter to the World than which there could not be a greater Evidence imaginable of the King 's most secret thoughts and Inward Sincerity nor a more shameful Conviction of their Impudence and damnable Falshood Nor did He only tell the Queen so but He made Her see it in His Actions For as soon as His Children were born it was His first Care to prevent the satisfaction of their Mother in baptizing them after the Rites of Her own Church When He was to Die a time most seasonable to speak Truth especially by Him who all His Life knew not how to Dissemble He declares His Profession in Religion to be the same with that which He found left by His Father King James How little the Papists credited what the Faction would have the World believe was too evident by the Conspiracies of their Fathers against His Life and Honour which the Discovery of Habernefield to whose relations the following practices against Him and the Church of England gained a belief brought to light They were mingled likewise
by the Power nor the Flatteries of Fortune And they are therefore mentioned to gratifie Posterity for men are curious to know all even the minute Passages of Great and Vertuous Persons Being free from Incontinency and Intemperance the gulphs of Treasure and Drayners of the Largest Exchequer He had no other Vice to exhaust the Publick Stock and so necessitate Him to fill it up by Oppressions but He would by Frugality make His Revenue sufficient for the Majesty of the Crown and the Necessities of the State His own Nature indeed inclined Him to Magnificence but the Vices of others did instruct Him to moderate Expences For He had found the Treasury low and the Debts great in His beginnings He was assaulted with two expensive Wars from the two great Potentates of Europe and the Faction had obstructed the usual way of Supplies by Parliaments Therefore He was to find a Mine in Vertue and by sparing from Vanities make provisions for necessary and glorious Enterprises which He did effect for in that short time of Peace which He enjoyed He satisfied all the Publick Debts so furnished and increased His Navy that it was the most considerable in the whole World supported His Confederate the King of Sweden and by Money inabled him for the Victories of Germany and so fill'd His own Treasury that it was able of it self to bear the weight of the first Scotch Expedition without the Aids of the Subject who were never more able to contribute to their own safety nor ever had more reason the swellings of that Nation breaking all the Banks and Fences of their Liberty and Happiness But the King would let them see that as by His Government He had made them rich He would also keep them so by His Frugality But those whose first care was to make Him necessitous and the next odious did brand it with the name of Covetousness which was as False as Malicious for He never spared when Just Designs call'd for Expences and was magnificent in Noble Undertakings as in the Repair of Paul's He was always Grateful although those men who measured their Services not by their Duties or their Merits but by their Expectations from His Fortune thought Him not Liberal He chose rather not to burthen His People by Subsidies than load particular Servants with unequal Bounties For Good Princes chuse to be loved rather for their Benefits to the Community than for those to private persons And it may be Vanity and Ostentation but not Liberality when the gifts of the Prince are not proportioned to the Common Necessity His sparings were like those of Indulgent Fathers that His Subjects as Children might have the more He never like subtle and rapacious Kings made or pretended a Necessity for Taxes but was troubled when He found it The Contributions of Parliament He esteemed not the increase of His peculiar Treasure but the Provisions for the Common Safety of which He would rather be accounted a Steward than a Lord. When Faction and Sedition so deluded the People that they could not see the preservation of the whole consisted in contributing some small part He freely parted with His own Inheritance to preserve intire to them the price of their Sweat and Labour As He had these Moral Vertues which are both the signatures of Majesty and the Ornaments of a Royal Spirit so He was no less compleat in the Intellectual His Understanding was as Comprehensive as His Just Power and He was Master of more sorts of Knowledge than He was of Nations How much He knew of the Mysteries and Controversies of Divinity was evident in His Discourses and Papers with Henderson and those at the Isle of Wight where He singly Disputed for Episcopacy one whole day against Fifteen Commissioners and their Four Chaplains the most experienced and subtle members of all the Opposite Party with so much Acuteness and Felicity that even His Opposers admired Him He so dexterously managed His Discourse with the Ministers that He made it evident they perswaded Him to that which they themselves judged unlawful and had condemned as Sacriledge when they pretended to satisfie the Scruples of His Conscience and to assure Him He might safely alienate the Church-Lands And the Commissioners sensible how unequal their Ministers were to discourse with Him for ever after silenced them and permitted no Disputes but by Papers At that time He exceeded the opinion of His friends about Him One of them said in astonishment that Certainly God had inspired Him Another that His Majesty was to a Wonder improved by His Privacies and Afflictions But a third that had had the Honour of a nearer Service assured them that the King was never less only He had now the opportunity of appearing in His full Magnitude In the Law of the Land He was as knowing as Himself said to the Parricides yet was no boaster of His own Parts as any Gentleman in England who did not profess the Publick Practice of it especially those Parts of it which concerned the Commerce between King and People In that Art which is peculiar to Princes Reason of State He knew as much as the most prosperous Contemporary Kings or their most exercised Ministers yet scorned to follow those Rules of it which lead from the Paths of Justice The Reserves that other Princes used in their Leagues and Contracts to colour the breaches of Faith and those inglorious and dark Intrigues of subtle Politicians He did perfectly abhor but His Letters Declarations Speeches Meditations are full of that Political Wisdom which is consistent with Christianity He had so quick an Insight into these Mysteries and so early arrived to the Knowledge of it that when He was young and had just gotten out of the Court and Power of Spain He censured the Weakness of that Mysterious Council For He was no sooner on Shipboard but the first words He spake were I discovered two Errors in those great Masters of Policy One that they would use Me so Ill and another that after such Vsage they permitted Me to Depart As those former parts of Knowledge did enable Him to know Men and how to manage their different humours and to temper them to a fitness for Society and make them serviceable to the Glory of that God whose Minister He was so His Soul was stored with a full Knowledge of the Nature of Things and easily comprehended almost all kinds of Arts that either were for Delight or of a Publick Use for He was ignorant of nothing but of what He thought it became Him to be negligent for many parts of Learning that are for the Ornament of a Private person are beneath the Cares of a Crowned Head He was well skilled in things of Antiquity could judge of Meddals whether they had the Number of years they pretended unto His Libraries and Cabinets were full of those things on which length of Time put the Value of Rarities In Painting He had so excellent a Fancy that
if time be unnecessarily lost 5. Now for the fallaciousness of my Argument to my knowledge it was never My practice nor do I confess to have begun now For if the Practice of the Primitive Church and the universal consent of the Fathers be not a convincing Argument when the interpretation of Scripture is doubtful I know nothing For if this be not then of necessity the Interpretation of private Spirits must be admitted the which contradicts St. Peter 2 Pet. 1. 20. is the Mother of all Sects and will if not prevented bring these Kingdoms into confusion And to say that an Argument is ill because the Papists use it or that such a thing is good because it is the Custom of some of the Reformed Churches cannot weigh with Me until you prove these to be infallible or that to maintain no Truth And how Diotrephes Ambition who directly opposed the Apostle St John can be an Argument against Episcopacy I do not understand 6. When I am made a Judge over the Reformed Churches then and not before will I censure their Actions as you must prove before I confess it that Presbyters without a Bishop may lawfully ordain other Presbyters And as for the Administration of Baptism as I think none will say that a Woman can lawfully or duely administer it though when done it be valid so none ought to do it but a lawful Presbyter whom you cannot deny but to be absolutely necessary for the Sacrament of the Eucharist 7. You make a learned succinct discourse of Oaths in general and their several Obligations to which I fully agree intending in the particular now in question to be guided by your own Rule which is when any Oath hath a special reference to the Benefit of those to whom I make the Promise if we have their desire or consent the Obligation ceaseth Now it must be known to whom this Oath hath reference and to whose benefit The Answer is clear Only to the Church of England as by the Record will be plainly made appear And you much mistake in alledging that the two Houses of Parliament especially as they are now constituted can have this Disobligatory power for besides that they are not named in it I am confident to make it clearly appear to you that this Church never did submit nor was subordinate to them and that it was only the King and Clergy who made the Reformation the Parliament merely serving to help to give the Civil Sanction All this being proved of which I make no question it must necessarily follow that it is only the Church of England in whose favour I took this Oath that can release Me from it wherefore when the Church of England being lawfully assembled shall declare that I am free then and not before I shall esteem My self so 8. To your last concerning the King My Father of Happy and Famous Memory both for his Piety and Learning I must tell you that I had the Happiness to know Him much better than you wherefore I desire you not to be too confident in the knowledge of His Opinions for I dare say should his Ghost now speak He would tell you that a bloody Reformation was never lawful as not warranted by God's Word and that Preces lachrymae sunt Arma Ecclesiae 9. To conclude having replied to all your Paper I cannot but observe to you that you have given Me no Answer to my last Quaere It may be you are as Chaucer says like the People of England What they not like they never understand but in earnest that question is so pertinent to the Purpose in hand that it will much serve for My satisfaction and besides it may be useful for other things C. R. Newcastle June 6. 1646. IV. Mr. Alexander Henderson's Second Paper For His MAJESTY SIR THE smaller the encouragements be in relation to the success which how small they are Your Majesty well knows the more apparent and I hope the more acceptable will my obedience be in that which in all humility I now go about at Your Majesty's command yet while I consider that the way of man is not in himself nor is it in man that walketh to direct his own steps and when I remember how many supplications with strong crying and tears have been openly and in secret offered up in Your Majesty's behalf unto God that heareth prayer I have no reason to despair of a blessed success 1. I have been averse from a disputation of Divines 1. For saving of time which the present exigence and extremity of affairs make more than ordinarily pretious While Archimedes at Syracuse was drawing his figures and circlings in the sand Marcellus interrupted his Demonstration 2. Because the common result of Disputes of this kind answerable to the prejudicate opinions of the Parties is rather Victory than Verity while tanquam tentativi Dialectici they study more to overcome their adverse Party than to be overcome of Truth although this be the most glorious Victory 3. When I was commanded to come hither no such thing was proposed to me nor expected by me I never judged so meanly of the Cause nor so highly of my self as to venture it upon such weakness Much more might be spoken to this purpose but I forbear 2. I will not further trouble Your Majesty with that which is contained in the second Section hoping that Your Majesty will no more insist upon Education Prescription of time c. which are sufficient to prevent Admiration but which Your Majesty acknowledges must give place to Reason and are no sure ground of resolution of our Faith in any point to be believed although it be true that the most part of men make these and the like to be the ground and rule of their Faith an Evidence that their Faith is not a Divine Faith but an humane Credulity 3. Concerning Reformation of Religion in the third Section I had need have a Preface to so thorny a Theme as your Majesty hath brought me upon 1. For the Reforming power it is conceived when a General Defection like a Deluge hath covered the whole face of the Church so that scarcely the tops of the Mountains do appear a General Council is necessary but because that can hardly be obtained several Kingdoms which we see was done at the time of the Reformation are to Reform themselves and that by the Authority of their Prince and Magistrates if the Prince or supreme Magistrate be unwilling then may the inferior Magistrate and the People being before rightly informed in the grounds of Religion lawfully Reform within their own sphere and if the light shine upon all or the major part they may after all other means assayed make a publick Reformation This before this time I never wrote or spoke yet the Maintainers of this Doctrine conceive that they are able to make it good But Sir were I worthy to give advice to Your Majesty or to the Kings and supreme Powers on Earth
as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
Authority which is alledged as knowing neither Law nor Practice for it And if the two Armies be He believes it is more than can be parallel'd by any former times in this Kingdom Nor can His Majesty understand how His Majesty's seeking of a Personal security can be any breach of Priviledge it being likely to be infringed by hindring His Majesty from coming freely to His two Houses As for the objection that His Majesty omitted to mention the setling Religion and securing the Peace of His Native Kingdom His Majesty declares that He conceives that it was included in His former and hath been particularly mentioned in His latter Message of the 15. present But for their better satisfaction He again expresseth that it was and ever shall be both His meaning and endeavour in this Treaty desired and it seems to Him very clear that there is no way for a final ending of such Distractions as afflict this Kingdom but either by Treaty or Conquest the latter of which His Majesty hopes none will have the Impudency or Impiety to wish for And for the former if his Personal assistance in it be not the most likely way let any reasonable man judge when by that means not only all unnecessary Delaies will be removed but even the greatest Difficulties made easie And therefore He doth now again earnestly insist upon that Proposition expecting to have a better Answer upon mature consideration And can it be imagined that any Propositions will be so effectual being formed before a Personal Treaty as such as are framed and propounded upon a full debate on both sides Wherefore His Majesty who is most concerned in the good of His People and is most desirous to restore Peace and Happiness to His three Kingdoms doth again instantly desire an Answer to His said former Messages to which He hath hitherto received none Given at our Court at Oxon the twenty fourth day of January 1645. XX. From OXFORD January 29. MDCXLV VI. Concerning the Negotiations in Ireland with His Majesty's further Concessions in order to a Personal Treaty To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty having received information from the Lord Lieutenant and Council in Ireland that the Earl of Glamorgan hath without his or their directions or privity entred into a Treaty with some Commissioners on the Roman Catholick party there and also drawn up and agreed unto certain Articles with the said Commissioners highly derogatory to His Majesty's Honour and Royal Dignity and most prejudicial unto the Protestant Religion and Church there in Ireland whereupon the said Earl of Glamorgan is arrested upon suspicion of high Treason and imprisoned by the said Lord Lieutenant and Council at the instance and by the impeachment of the Lord Digby who by reason of his place and former imployment in these affairs doth best know how contrary that proceeding of the said Earl hath been to His Majesty's intentions and directions and what great prejudice it might bring to His Affairs if those proceedings of the Earl of Glamorgan should be any waies understood to have been done by the directions liking or approbation of His Majesty His Majesty having in His former Messages for a Personal Treaty offered to give contentment to his two Houses in the business of Ireland hath now thought fitting the better to shew His clear intentions and to give satisfaction to His said Houses of Parliament and the rest of His Subjects in all His Kingdoms to send this Declaration to His said Houses containing the whole truth of the business Which is That the Earl of Glamorgan having made offer unto Him to raise Forces in the Kingdom of Ireland and to conduct them into England for His Majesty's Service had a Commission to that purpose and to that purpose only That he had no Commission at all to treat of any thing else without the privity and directions of the Lord Lieutenant much less to capitulate any thing concerning Religion or any propriety belonging either to Church or Laity That it clearly appears by the Lord Lieutenants Proceedings with the said Earl that he had no notice at all of what the said Earlhad treated and pretended to have capitulated with the Irish until by accident it came to his knowledge And his Majesty doth protest that until such time as He had advertisement that the person of the said Earl of Glamorgan was arrested and restrained as is abovesaid He never heard nor had any kind of notice that the said Earl had entred into any kind of Treaty or Capitulation with those Irish Commissioners much less that he had concluded or signed those Articles so destructive both to Church and State and so repugnant to His Majesty's publick professions and known resolutions And for the further vindication of His Majesties Honour and Integrity herein He doth declare That He is so far from considering any thing contained in those Papers or Writings framed by the said Earl and those Commissioners with whom he treated as He doth absolutely disavow him therein and hath given commandment to the Lord Lieutenant and the Council there to proceed against the said Earl as one who either out of Falseness Presumption or Folly hath so hazarded the blemishing of His Majesty's Reputation with His good Subjects and so impertinently framed those Articles of his own head without the consent privity or directions of His Majesty or the Lord Lieutenant or any of His Majesties Council there But true it is that for the necessary preservation of His Majesty's Protestant Subjects in Ireland whose case was daily represented unto Him to be so desperate His Majesty had given Commission to the Lord Lieutenant to treat and conclude such a Peace there as might be for the safety of that Crown the preservation of the Protestant Religion and no way derogatory to His Own Honour and publick professions But to the end that His Majesty's real intentions in this business of Ireland may be the more clearly understood and to give more ample satisfaction to both Houses of Parliament and the Commissioners of the Parliament of Scotland especially concerning His Majesties not being engaged in any Peace or Agreement there He doth desire if the two Houses shall admit of His Majesty's repair to London for a Personal Treaty as was formerly proposed that speedy notice be given thereof to His Majesty and a Pass or Safe-Conduct with a blank sent for a Messenger to be immediately dispatcht into Ireland to prevent any accident that may happen to hinder His Majesty's resolution of leaving the managing of the business of Ireland wholly to the Houses and to make no Peace there but with their consent which in case it shall please God to bless His endeavours in the Treaty with success His Majesty doth hereby engage Himself to do And for a further explanation of His Majesty's
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
not been seen read and delivered it open unto them whereupon what hath since passed either by the Governour in discharging most of My Servants redoubling the Guards and restraining Me of My former Liberty and all this as himself confess'd merely out of his own dislike of My Answer notwithstanding his beforesaid Engagement or afterwards by the two Houses as the Governour affirms in confining Me within the Circuit of this Castle I appeal to God and the World whether My said Answer deserved the reply of such proceedings besides the unlawfulness for Subjects to imprison their King That by the permission of Almighty God I am reduced to this sad condition as I no way repine so I am not without hope but that the same God will in due time convert these Afflictions into My advantage In the mean time I am confident to bear these crosses with Patience and a great Equality of Mind But by what means or occasion I am come to this Relapse in My Affairs I am utterly to seek especially when I consider that I have sacrificed to My two Houses of Parliament for the Peace of the Kingdome all but what is much more dear to Me than My life My Conscience and Honour desiring nothing more than to perform it in the most proper and natural way a Personal Treaty But that which makes Me most at a loss is the remembring My signal compliance with the Army and their Interests and of what importance My compliance was to them and their often-repeated Professions and Engagements for My just Rights in general at Newmarket and S. Albans and their particular explanation of those Generals by their voted and re-voted Proposals which I had reason to understand should be the utmost extremity would be expected from Me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations or My professions to them I challenge them and the whole World to produce the least colour of Reason And now I would know what it is that is desired Is it Peace I have shewed the way being both willing and desirous to perform My part in it which is a just compliance with all chief Interests Is it Plenty and Happiness They are the inseparable effects of Peace Is it Security I who wish that all Men would forgive and forget like Me have offered the Militia for My time Is it Liberty of Conscience He who wants it is most ready to give it Is it the right administration of Justice Officers of trust are committed to the choice of My two Houses of Parliament Is it frequent Parliaments I have legally fully concurr'd therewith Is it the Arrears of the Army Upon a settlement they will certainly be payed with much ease but before there will be found much difficulty if not impossibility in it Thus all the World cannot but see my reall and unwearied endeavours for Peace the which by the grace of God I shall neither repent Me of nor ever be slackned in notwithstanding My past present or future sufferings but if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that Men are afraid to hear from Me It cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable Discourses for thereby peradventure I might more justifie this My Restraint than the causers themselves can do so that of all wonders yet this is the greatest to Me. But it may be easily gathered how those men intend to govern who have used Me thus And if it be My hard Fate to fall together with the Liberty of this Kingdom I shall not blush for My self but much lament the future Miseries of My People the which I shall still pray to God to avert whatever becomes of Me. CHARLES R. II. An Answer to a Pamphlet entitled A Declaration of the Commons of England in Parliament assembled expressing their Reasons and Grounds of passing the late Resolutions touching no farther Address or Application to be made to the KING Published by His Majestie 's appointment I Believe that it was never heard of until now that heavy Imputations were laid on any man I speak not now of Kings which I confess makes the case yet more strange and unjust and He not permitted to see much less to answer them but so it is now with the King which does though silently yet subject Him to as great an Imputation as there is any in the said Declaration for those who know no better may think that He cannot because He does not answer it Wherefore I hold it my Duty knowing these things better than every ordinary man to do my best that the King should not be injured by the Ignorance of His People and albeit I lying under Persecution for My Conscience and love to Regal Authority have not the means in every thing to make full Probations yet I am confident in all the most material Points so to make the truth of the King's Innocency appear that I shall satisfie any impartial judicious Reader What the Issue of former Addresses to the King hath been is most certainly known to all the World but where the fault rests whereby Peace hath not ensued bare Asseverations without Proofs cannot I am sure satisfie any judicious Reader And indeed it seems to me that the Penner of these seeks more to take the ears of the ignorant Multitude with big words and bold Assertions than to satisfie Rational men with real proofs or true Arguments For at the very first he begs the Question taking it for granted that the King could ease the Sighs and Groans dry the Tears and stanch the Blood of His distressed Subjects Alas Is it He that keeps Armies on foot when there is none to oppose Is it He that will not lay down Excise Taxations and Free-quarterings But it is He indeed who was so far from Power even at that time being far worse since that in most things He wanted the Liberty of any free-born man It is He who never refused to ease His People of their Grievances witness more Acts of Grace passed in His Reign than to speak within my compass in any five Kings or Queens Times that ever were before Him Moreover it is He who to settle the present unhappy Distractions and as the best means to it to obtain a Personal Treaty hath offered so much that to say truth during His own time He hath left Himself little more than the Title of a King as it plainly appears by His Message from the Isle of Wight concerning the Militia and chusing the Officers of State and Privy-Counsellours besides other points of Compliance which it is needless here to mention Good God! are these Offers unfit for them to receive Have they
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
Esq Edmond Wilde Esquire James Chaloner Esquire Josias Barners Esquire Dennis Bond Esq Humphry Edwards Esquire Gregory Clement Esquire John Fry Esquire Thomas Wogan Esq Sir Gregory Norton Serjeant John Bradshaw Colonel Edmund Harvey John Dove Esq Colonel John Venne John Foulk Alderman Thomas Scot Esquire Thomas Andrews Alderman William Cawley Esquire Abraham Burrell Esquire Colonel Anthony Stapely Roger Gratwicke Esquire John Downes Esquire Colonel Thomas Horton Colonel Thomas Hammond Colonel George Fenwick Serjeant Robert Nichols Robert Reynolds Esquire John Liste Esquire Nicholas Love Esquire Vincent Potter Sir Gilbert Pickering John Weaver Esquire John Lenthal Esquire Sir Edward Baynton John Corbet Esquire Thomas Blunt Esquire Thomas Boone Esquire Augustine Garland Esquire Augustine Skinner Esquire John Dixwel Esquire Colonel George Fleetwood Simon Maine Esquire Colonel James Temple Colonel Peter Temple Daniel Blagrave Esquire Sir Peter Temple Colonel Thomas Waite John Brown Esquire John Lowry Esquire shall be and are hereby appointed Commissioners and Judges for the hearing Trying and Judging of the said Charles Stuart And the said Commissioners or any twenty or more of them shall be and are hereby Authorized and constituted an High Court of Justice to meet at such convenient times and places as by the said Commissioners or the major part or twenty or more of them under their hands and seals shall be appointed and notified by publick Proclamation in the great Hall or Palace-yard of Westminster and to adjourn from time to time and from place to place as the said High Court or the major part thereof meeting shall hold fit and to take order for the charging of him the said Charles Stuart with the Crimes above mentioned and for the receiving His Personal Answer thereunto and for examination of Witnesses upon Oath if need be concerning the same and thereupon or in default of such Answer to proceed to final Sentence according to Justice and the merit of the Cause to be executed speedily and impartially And the said Court is hereby Authorized and required to chuse and appoint all such Officers Attendanrs and other circumstances as they or the major part of them shall in any sort judge necessary or useful for the orderly and good managing of the premisses and Thomas Lord Fairfax the General with all Officers of Justice and other well-affected persons are hereby Authorized and required to be aiding and assisting unto the said Commissioners in the due execution of the Trust hereby committed unto them Provided that this Ordinance and the Authority hereby granted do continue for the space of one Month from the Date of the making hereof and no longer After the reading of this the several Names of the Commissioners were called over every one who was present rising up and answering to his call The King having again placed Himself in the Chair with His face towards the Commissioners Silence was again ordered and Bradshaw with Impudence befitting his person and his place stood up and said CHARLES STUART King of England The Commons of England assembled in Parliament being deeply sensible of the Calamities that have been brought upon this Nation which is fixed upon you as the principal Author of it have resolved to make inquisition for Blood and according to that Debt and Duty they owe to Justice to God the Kingdom and themselves and according to the Fundamental Power that rests in themselves they have resolved to bring you to Trial and Judgment and for that purpose have constituted this High Court of Justice before which you are brought Then their Solicitor John Cook standing within a Bar on the right hand began My Lord in behalf of the Commons of England and of all the People thereof I do accuse CHARLES STUART here present of high Treason and high Misdemeanures and I do in the name of the Commons of England desire the Charge may be read unto him As he was speaking the King held up his Staffe and laying it on his shoulders two or three times bid him Hold a little But Bradshaw ordered him to go on and the Charge being delivered to their Clerk Bradshaw told the King Sir the Court Commands the Charge to be read If you have any thing to say afterwards you may be heard Then the Clerk being ordered to read began The Charge of the Commons of England against CHARLES STUART King of England of High Treason and other High Crimes exhibited to the High Court of Justice THat the said CHARLES STUART being admitted King of England and therein trusted with a limited Power to govern by and according to the Laws of the Land and not otherwise and by his Trust Oath and Office being obliged to use the Power committed to him for the good and benefit of the People and for the preservation of their Rights and Liberties yet nevertheless out of a wicked Design to erect and uphold in himself an unlimited and Tyrannical Power to Rule according to his Will and to overthrow the Rights and Liberties of the People yea to take away and make void the Foundations thereof and of all redress and remedy of Mis-government which by the Fundamental Constitutions of this Kingdom were reserved on the Peoples behalf in the Right Power of frequent and successive Parliaments or National Meetings in Council he the said Charles Stuart for accomplishment of such his Designs and for the protecting himself and his Adherents in his and their wicked practices to the same Ends hath traiterously and maliciously levied War against the present Parliament and the People therein Represented Particularly upon or about the thirtieth day of June in the year of our Lord one thousand six hundred forty and two at Beverly in the County of York and upon or about the thirtieth day of July in the year aforesaid in the County of the City of York and upon or about the twenty fourth day of August in the same year at the County of the Town of Nottingham when and where he set up his Standard of War and upon or about the twenty third day of October in the same year at Edge-Hill and Kineton field in the County of Warwick and upon or about the thirtieth day of November in the same year at Brainford in the County of Middlesex and upon or about the thirtieth day of August in the year of our Lord one thousand six hundred forty and three at Cavesham Bridge near Reading in the County of Berks and upon or about the thirtieth day of October in the year last mentioned at or near the City of Gloucester and upon or about the thirtieth day of November in the year last mentioned at Newbury in the County of Berks and upon or about the one and thirtieth day of July in the year of our Lord one thousand six hundred forty and four at Croperdy Bridge in the County of Oxon and upon or about the thirtieth day of September in the year last mentioned at Bodmin and other places near adjacent in the County of Cornwall and
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
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what you Answer is KING Sir by your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let Me tell you they may put in Demurrers against any proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them KING I deny that shew Me one Precedent Bradshaw Sir you ought not to interrupt while the Court is speaking to you This point is not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction KING I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other High Crimes the Court have determined that you ought to answer the same KING I will answer the same so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again KING I do require that I may give in My Reasons why I do not answer and give Me time for that Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we shall give order to record your Default KING You never heard My Reasons yet Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final Determination KING Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw Sir you are not to have liberty to use this language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge KING Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it But my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole that according to the known rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as clear as Crystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution upon them You were told over and over again that the Court did affirm their own Jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of Obedience nor did you acknowledge any authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a nature against you your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the matter that is charged upon you KING For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a new Court that I never heard of before I that am your King that should be an Example to all the People of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in Me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted He said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but once more they command you to give your positive Answer Clerk Do your Duty KING Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or Denial of the Charge KING Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their
Me but this Delay I doubt not but I shall give some satisfaction to you all here and to My People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say KING I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire only one word before you give Sentence and that is That you would hear Me concerning those great Imputations that you have laid to My charge Bradshaw Sir you must give me now leave to go on for I am not far from your Sentence and your time is now past KING But I shall desire you will hear Me a few words to you for truly whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much Liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes We are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty What sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated Which Charge being read unto him as aforesaid he the said Charles Stuart was required to give his Answer but he refused so to do Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
done and Signed and Sealed accordingly as followeth At the High Court of Justice for the Trying and Judging of CHARLES STUART King of England Januar. 29. 1648. WHereas Charles Stuart King of England is and standeth Convicted Attainted and Condemned of High Treason and other high Crimes and Sentence upon Saturday last was pronounced against him by this Court to be put to death by the severing of his Head from his Body of which Sentence Execution yet remains to be done These are therefore to will and require you to see the said Sentence executed in the open Street before White-hall upon the morrow being the 30. day of this instant Month of January between the hours of Ten in the Morning and Five in the Afternoon of the same day with full effect And so doing this shall be your sufficient Warrant And these are to require all Officers and Souldiers and other the good People of this Nation of England to be assisting unto you in this Service To Colonel Francis Hacker Colonel Huncks and Lieutenant Colonel Phayre and to every of them Given under our hands and seals John Bradshaw Thomas Gray Ol. Cromwel Edw. Whaley Mi. Livesey John Okey Jo. Danvers Jo. Bourchier Rich. Ingoldsby W. Cawley J. Barkestead Isaac Ewer J. Dixwell Val. Wauton Symon Meyne Tho. Horton H. Ireton Tho. Maleverer John Blakeston Jo. Hutchinson Will. Goffe Tho. Pride Pe. Temple Tho. Harrison Hen. Smith Per. Pelham Ri. Dean Rob. Tichburne Hum. Edwards Dan. Blagrave Owen Rowe William Purefoy Ad. Scroope James Temple A. Garland Edm. Ludlow Hen. Marten Vincent Potter W. Constable Jo. Jones Jo. Moore Ha. Waller Gilb. Millington G. Fleetwood J. Alured Rob. Lilburne W. Saye Anth. Stapeley Gre. Norton Tho. Chaloner Tho. Wogan Jo. Venne Greg. Clement Jo. Downes Tho. Waite Tho. Scott Jo. Carew Miles Corbet Tuesday the thirtieth of January the Fatal Day being come the Commissioners met and ordered four or five of their Ministers to attend upon the King at James's where they then kept Him but his Majesty well knowing what miserable comforters they were like to prove refused to have conference with them That Morning before his Majesty was brought thence the Bishop of London who with much ado was permitted to wait upon Him a day or two before and to assist Him in that sad instant read Divine Service in his presence in which the 27th of Saint Matthew the History of our Saviour's Crucifixion proved the second Lesson The King supposing it to have been selected on purpose thank'd him afterwards for his seasonable choice But the Bishop modestly declining that undue thanks told him that it was the Lesson appointed by the Calendar for that day He also then and there received of the Bishop the holy Sacrament and performed all His Devotions in preparation to His Passion Which ended about ten of the clock His Majesty was brought from Saint James's to White-Hall by a Regiment of Foot with Colours flying and Drums beating part marching before and part behind with a private guard of Partisans about Him the Bishop on the the one hand and Colonel Tomlinson who had the charge of Him on the other both bare-headed His Majesty walking very fast and bidding them go faster added That He now went before them to strive for an Heavenly Crown with less solicitude than He had often incouraged His Souldiers to fight for an Earthly Diadem Being come to the end of the Park He went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet Chamber where He used formerly to lodge There finding an unexpected delay in being brought upon the Scaffold which they had not as then fitted He past the time at convenient distances in Prayer About twelve of the clock His Majesty refusing to dine only eat a bit of Bread and drank a Glass of Claret and about an hour after Colonel Hacker with other Officers and Souldiers brought Him with the Bishop and Colonel Tomlinson through the Banqueting-house to the Scaffold to which the passage was made through a Window Divers Companies of Foot and Troups of Horse were placed on each side of the Street which hindred the approach of the very numerous Spectators and the King from speaking what He had premeditated and prepared for them to hear Whereupon His Majesty finding Himself disappointed omitted much of His intended matter and for what He meant to speak directed Himself chiefly to Colonel Tomlinson I Shall be very little heard of any body here I shall therefore speak a word unto you here Indeed I could hold My peace very well if I did not think that holding My peace would make some men think that I did submit to the Guilt as well as to the Punishment But I think it is My Duty to God first and to My Country for to clear My self both as an honest Man and a good King and a good Christian I shall begin first with My Innocency In troth I think it not very needful for Me to insist long upon this for all the World knows that I never did begin a War first with the two Houses of Parliament and I call God to witness to whom I must shortly make an account that I never did intend for to incroach upon their Privileges they began upon Me it is the Militia they began upon they confest that the Militia was Mine but they thought it fit for to have it from Me. And to be short if any body will look to the Dates of Commissions of their Commissions and Mine and likewise to the Declarations they will see clearly that they began these unhappy Troubles not I. So that as to the guilt of these enormous Crimes that are laid against Me I hope in God that God will clear Me of it I will not I am in Charity God forbid that I should lay it on the two Houses of Parliament there is no necessity of either I hope they are free of this Guilt For I do believe that ill Instruments between them and Me have been the chief cause of all this blood-shed So that by way of speaking as I find my self clear of this I hope and pray God that they may too Yet for all this God forbid that I should be so ill a Christian as not to say that God's Judgments are just upon Me many times he does pay Justice by an unjust Sentence that is ordinary I will only say this That an unjust Sentence that I suffered for to take effect is punished now by an unjust Sentence upon Me. That is So far I have said to shew you that I am an innocent man Now for to shew you that I am a good Christian I hope there is a good man that will bear Me witness that I have forgiven all the World and even those in particular that have been the chief causers of My Death Who they are God knows I do not desire to know I pray God forgive them But this is not all My Charity must go further I
same effect by the blessing of God which was often found in His Sacred Touch when living The Malice of His Enemies ended not with His Life For when His Body was carried to Saint James's to be opened they directed their Empericks to search for such Symptomes as might disgrace His Person or His Posterity But herein they were prevented by an honest Intruder who gave a true account of His sound and excellent Temperament Being imbalmed and laid in a Coffin of Lead to be seen for some days by the People at length upon Wednesday the seventh of February it was delivered to four of His Servants Herbert Mildmay Preston and Joyner who with some others in mourning equipage attended the Herse that night to Windsore and placed it in the Room which was formerly the Kings Bed-chamber Next day it was removed into the Deans Hall which was hung with black and made dark and Lights were set burning round the Herse About three afternoon the Duke of Richmond the Marquess of Harford the Earls of Southampton and Lindsey and the Bishop of London others that were sent to refusing that last Service to the best of Princes came thither with two Votes passed that Morning whereby the ordering of the King's Burial was committed to the Duke provided that the Expences thereof exceeded not five hundred pounds This Order they sheved to Colonel Whichcot the Governor of the Castle desiring that the Interrment might be in Saint George's Chappel and according to the form of the Common-Prayer The latter Request the Governour denied saying That it was improbable the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. The Lords replied That there was a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases But all prevailed not The Governour had caused an ordinary Grave to be digged in the body of the Church of Windsore for the Interment of the Corps which the Lords disdaining found means by the direction of an honest man one of the old Knights to use an artifice to discover a Vault in the middle of the Quire by the hollow sound they might perceive in knocking with a Staff upon that place that so it might seem to be their own accidental finding out and no person receive blame for the discovery This place they caused to be opened and entring saw one large Coffin of Lead in the middle of the Vanlt covered with a Velvet Pall and a lesser on one side supposed to be Henry the Eighth and His beloved Queen Jane Saint-Maure on the other side was room left for another probably intended for Queen Katherine Parre who survived Him where they thought fit to lay the King Hither the Herse was born by the Officers of the Garrison the four Lords bearing up the Corners of the Velvet Pall and the Bishop of London following And in this manner was this Great King upon Friday the ninth of February about three afternoon silently and without other Solemnity than of Sighs and Tears committed to the Earth the Velvet Pall being thrown into the Vault over the Coffin to which was fastened an Inscription in Lead of these words KING CHARLES 1648. CAROLI Primi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epitaphium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SIstas sacrilegum Pedem Viator Nè forsan temeres sacros sepulchri Augusti Cineres Repôc est In Terrae Gremio Decor Stupórque Humani Generis Senex Infans Prudens scilicet Innocésque Princeps Regni Praesidium Ruina Regni Vitâ Praesidium Ruina Morte Quem Regem potiùs Patrémve dicam O Patrem priùs deinde Regem Regem quippe Suî Patrémque Regni Hic Donúmque Dei DeÃque Cura Quem Vitáque refert refértque Morte Ringente Satanâ Canente Coelo Diro in Pegmate Gloriae Theatro Et Christi Cruce Victor Securi Baptistae emicuit Ruina Felix Quâ Divum Carolus secutus Agnum Et postliminiò domum vocatus Primaevae Patriae fit Inquilinus Sic Lucis priùs Hesperus Cadentis Resplendet modò Phosphorus Reversae Hic Vindex Fidei sacer Vetustae Cui par est nihil nihil secundum Naturae Typus absolutioris Fortunae Domitor ferendo suae Qui quantum Calicis bibit tremendi Tatundem sibi Gloriae reportat Regum Maximus unicúsque Regum In quo Res minima est fuisse Regem Solus qui superâ locatus Arce Vel Vitâ poterit frui priore Quum sint Relliquiae Cadaver Umbra Tam sacri Capitis vel ipsa sacra Ipsis Eulogiis coinquinata Quiaeque ipsum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prophanat Sistas sacrilegum Pedem Viator Tho. Pierce D. D. Coll. Magd. apud Oxon. Praeses An Elegy upon the Death of Our Dread Sovereign Lord King CHARLES the MARTYR COme come let 's Mourn all eyes that see this Day Melt into Showts and weep your selves away O that each private head could yield a Floud Of Tears whil'st Britain's Head streams out His Bloud Could we pay what His Sacred Drops might claim The World must needs be drowned once again Hands cannot write for Trembling let our Eye Supply the Quill and shed an Elegy Tongues cannot speak this Grief knows no such vent Nothing but Silence can be Eloquent Worlds are not here significant in This Our Sighs our Groans bear all the Emphasis Dread SIR What shall we say Hyperbole Is not a Figure when it speaks of Thee Thy Book is our best Language what to this Shall e're be added is Thy Meiosis Thy Name 's Text too hard for us no men Can write of it without Thy Parts and Pen. Thy Prisons Scorns Reproach and Poverty How could'st Thou bear Thou Meeker Moses how Was ever Lion bit with Whelps till now And did not roar Thou England's David how Did Shimei's Tongue not move Thee Where 's the Where is the King CHARLES is all Christian Man Rebell'd Thou mad'st Thy Passions to obey Hadst Thou regain'd Thy Throne of State by Power Thou hadst not then been more a Conqueror But Thou thine own Soul's Monarch art above Revenge and Anger Canst Thou tame Thy Love How could'st Thou bear Thy Queen's Divorce must She At once Thy Wife and yet Thy Widow be Where are Thy tender Babes once Princely bred Thy choicest Jewels are they Sequestred Where are Thy Nobles Lo in stead of these Base savage Villains and Thy Enemies Egyptian Plague 't was only Pharaoh's doom To see such Vermin in His Lodging-room What Guards are set what Watches do they keep They do not think Thee safe though lock'd in Sleep Would they confine Thy Dreams within to dwell Nor let Thy Fancy pass their Centinel Are Thy Devotions dangerous Or do Thy Prayers want a Guard These faulty too Varlets 't was only when they spake for You. But lo a Charge is Drawn a Day is set The silent LAMB is brought the Wolves are met Law is arraign'd of Treason Peace
of War And Justice stands a Prisoner at the Bar. This Scene was like the Passion-Tragedy His Saviour's Person none could Act but He. Behold what Scribes were here what Pharisees What Bands of Souldiers what false Witnesses Here was a Priest and that a Chief one who Durst strike at God and His Vicegerent too Here Bradshaw Pilate there This makes them twain Pilate for Fear Bradshaw condemn'd for Gain Wretch couldst not thou be rich till Charles was dead Thou might'st have took the Crown yet spar'd the Head Th' hast justifi'd that Roman Judge He stood And washt in Water thou hast dipt in Blood And where 's the Slaughter-House White-hall must be Lately His Palace now His Calvary Great CHARLES is this Thy dying-place And where Thou wer 't our KING art Thou our MARTYR there Thence thence Thy Soul took flight and there will we Not cease to Mourn where Thou didst cease to Be. And thus blest Soul He 's gone a Star whose fall As no Eclipse proves Oecumenical That Wretch had skill to sin whose Hand did know How to behead three Kingdoms at one blow England hath lost the Influence of her KING No wonder that so backward was her Spring O dismal Day but yet how quickly gone It must be short Our SUN went down at Noon And now ye Senators is this the Thing So oft declar'd is this your Glorious King Did you by Oaths your God and Country mock Pretend a Crown and yet prepare a Block Did you that swore you 'd Mount CHARLES higher yet Intend the Scaffold for His Olivet Was this Hail Master Did you bow the knee That you might murther Him with Loyalty Alas two Deaths what Cruelty was this The Axe design'd you might have spar'd the Kiss London didst thou Thy Prince's Life betray What could Thy Sables vent no other way Or else didst thou bemoan His Cross then ah Why would'st thou be the cursed Golgotha Thou once hadst Men Plate Arms a Treasury To bind thy KING and hast thou none to free Dull beast thou should'st before thy Head did fall Have had at least thy Spirits Animal Did You Ye Nobles envy CHARLES His Crown Jove being fal'n the Puny-gods must down Your Raies of Honour are eclip'st in Night The Sun is set from whence You drew your Light Religion Veils her self and Mourns that she Is forc'd to own such horrid Villany The Church and State do shake that Building must Expect to fall whose Prop is turn'd to Dust But cease from Tears-CHARLES is most blest of men A God on Earth more than a Saint in Heav'n THE END A COLLECTION OF DECLARATIONS TREATIES AND OTHER Principal Passages concerning the DIFFERENCES BETWIXT King Charles I. AND HIS TWO HOUSES OF PARLIAMENT Clearly Manifesting The Justice of His Cause His Sincerity in Religion His Constant Endeavours for Peace Bona agere mala pati Regium est LONDON Printed MDCLXXXVII THE PREFACE TO THE NOBILITY and GENTRY OF ENGLAND I Might call this Collection A Complete Body of English Politicks as comprehending both the Duty and the Interest of all true English-men and those largely set forth in some of the most excellent Discourses that were ever written in this kind Which for their own sakes might claim some better respect from the present Age than to be cast aside as out-dated Pamphlets or at the best confusedly scattered like the Leaves of Sibylla without any care of conserving and transmitting them to Posterity The sad Experience of so many years hath taught this Nation to their cost how miserable even the greatest Subjects make themselves by incroaching upon that Soveraignty which alone can protect them from the Injuries and the Scorn of their Inferiours Here you will discover the Arts the Means and the Degrees by which those Mischiefs were attempted and atchieved Which whensoever you see repeated you will know the Plot is as well against your Privilege and the Liberty of your Countrey as the Prerogative of your Prince Indeed If it were as easie to root out the remembrance of the ill Examples as it is to remit the punishment of the Crimes by Acts of Grace and Pardon and Oblivion it were perhaps no Imprudence to let those Mischiefs sleep with their Authors and leave their Memories buried in the Ruines they have made But since many that are content to take the utmost advantage of a Pardon are yet too good to acknowledge they ever stood in need of any since most will remember only What hath been done and few trouble themselves to inquire How or Why it cannot be thought impertinent together with the Actions to represent also the true Causes that have produced such Effects and the Circumstances that attended them which may remain as Marks to warn Posterity of those Errors which have cost the present Age so dear This is here done not from the private phancies or observations of any one Person or Party but from the Publick and Authentick Writings of Both digested in such order that the Reader may compare what both sides had to say for themselves and thereby discern whose Designs and what Counsels tended most to the Peace and Welfare of the Nation A study most proper for those Ranks of men whom the Favour of Princes hath raised above the Common Multitude to this one End that they may assist Them in the administration of Their Government and in keeping Peace and good order in their Countries To have Collected all that passed in these great Contests would have been the Work of many Volumes But the most material and most necessary to carry on the Series of Times and Things which in a manner comprehend the Sum or at least shew the Result of all the rest are here disposed according to their most natural order of time under these few heads I. His Majesties Declarations concerning His Proceedings in His Four first Parliaments p. 217. II. Declarations and Papers concerning the Differences betwixt His Majesty and His Fifth Parliament p. 241. III. Declarations and Paper concerning the Treaty of Peace at Oxford MDCXLII III. p. 325. IV. A Declaration concerning the Cessation in Ireland Also Declarations and Passages of the Parliament at Oxford p. 401. V. Papers and Passages concerning the Treaty of Peace at Vxbridge p. 437. VI. Messages Propositions and Treaties for Peace With divers Resolutions and Declarations thereupon MDCXLV VI. VII VIII p. 547. HIS MAJESTIES DECLARATIONS CONCERNING HIS PROCEEDINGS IN HIS FOUR FIRST PARLIAMENTS A Declaration of the true Causes which moved His MAJESTY to Assemble and after inforced Him to Dissolve the First and Second Meetings in Parliament THE King 's most Excellent Majesty since His happy access to the Imperial Crown of this Realm having by His Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by adjournment held at Oxford and there dissolved and the other begun in February last and continued until the fifteenth day of this present month of June and then to the unspeakable grief
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
they shall neglect this Our Grace and Favour now extended unto them and persist in any acts of Hostility against Us or not disband upon notice of this Our Proclamation We shall esteem of them as Rebells and Traitors to Us and to Our Crown and as publick Enemies to the happy Peace of this Kingdom and that from thence We shall proceed against them and deal with them as Rebels and Traitours and by the blessing of God in whom We put Our confidence and by the assistance of Our faithful and good Subjects upon whose Fidelity and Affections We rely We doubt not but We shall so prevail against all their Traitorous Conspiracies and Rebellious Machinations as shall vindicate Our Honour and the Honour of Our Crown preserve Our good and loyal Subjects from their Malice and Fury and restore and settle the Peace of this Kingdom and make the Delinquents so exemplary as shall deterr others from ever attempting the like Insolencies And We hereby require and command all Our Commissioners of Array Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace Mayors and all other Our Officers Ministers and loving Subjects that they and every of them in their several places do there best and uttermost endeavours to resist and subdue the said Earl and his Adherents and those who shall assist them or any of them and to apprehend or otherwise to destroy them and every of them that so they may receive condigne punishment for their Disloyalty and that they be ready according to their Duties and Allegiance to assist Us and those Our good Subjects who do adhere unto Us according to Our just Commands in or concerning the Premisses And more particularly We require and command Our Commissioners of Array Lords Lieutenants Deputy-Lieutenants Captains and Officers of Our Trained Bands of or in Our Counties of Southampton Sussex and Surrey that so many of them as to that purpose Colonel Goring shall call to his aid as he shall see cause shall with such Forces as are under their command repair unto Our said Town of Portsmouth to assist the said Colonel George Goring Our Captain and Governour of the said Town for the defence of the said Town and to Oppose Resist and Destroy all those who under the command of the said Earl of Essex or any other shall attempt any Violence against the said Town And We do further require and command Our Right Trusty and Right Well-beloved Couzin and Counsellor William Marquess Hartford that with all speed he raise all the Forces he can within all or any the Counties contained within that Commission We have given unto him whereby he is made Our Lieutenant General of all Our Forces within Our Counties of Devon Cornwal Somerset Dorset Wilts Southampton Gloucester Berks Oxford Hereford Monmouth Radnor Brecknock Glamorgan Carmarthen Pembroke Cardigan Our Cities of Excester Bristol Gloucester Oxford Bath and Wells new Salisbury and Hereford and the Counties of the same the Towns of Pool and Southampton and Haverford-West and the Counties of the same and with the Trained Bands of those Counties and others who shall voluntarily offer their Service to march against the said Earl or any others under his command or under the command of any others not authorized by Us and them to Resist Oppose and Subdue and especially for the defence of the said Town of Portsmouth and for the Isle of Wight in Our County of Southampton as there shall be occasion And We do hereby desire and require Our loyal and loving Subjects of and within the said Counties being of the Trained Bands or voluntary Levies within the said Commission to repair with their Horse and Foot well Armed Arrayed and Furnished to such place or places as the said Marquess shall appoint and that they and all other Our good and loving Subjects within this Realm shall according to such Directions as We shall give to that purpose repair to Us at such place where We shall pitch and set up Our Royal Standard and where We purpose in Our own Person to be present and there and in such places whither We shall conduct them or cause them to be conducted to serve Us for the Defence of Us and of Our Kingdom and of the true Protestant Religion and the known Laws of the Land and the just Liberties of Our Subjects and the just Privileges of Parliament and to suppress the notorious and insolent Rebellion of the said Earl and his Adherents and reduce them to their due Obedience and for re-setling of the happy Peace of this Kingdom And in this time of urgent Necessity which so much importeth the Safety and even the very Subsistence of Us and Our Good People We shall take it as an acceptable Service to Us and much conducing to the Peace of Our Kingdom if Our loving and well-affected Subjects within Our said Counties contained within Our Commission granted to the said Marquess do and will chearfully and voluntarily contribute unto Us and give unto Us such assistance in Money or Plate as they shall think fit by loan or otherwise to be delivered to the hands of the said Marquess or of the Commissioners of Array for those several Counties respectively to be disposed of to this publick use and not otherwise and that Our loving and well-affected Subjects of all other the Counties of this Kingdom will to the same use and not otherwise contribute unto and assist Us in like manner such Contribution and assistance to be paid and delivered to Our use into the hands of Our Commissioners of Array for those other Counties respectively or to such of them as they shall nominate and appoint to that purpose And lastly in all these Our just and necessary Commands We require that ready Obedience from all Our Commissioners Sheriffs Justices of Peace Mayors Constables and other Officers and loving Subjects in their several and respective places which appertaineth to their several Duties as they tender Our Honour and Safety and the Honour Safety Peace and Prosperity of the Church and Kingdom of England and as they will answer their neglects at their uttermost perils Given at Our Court at York the ninth day of August in the eighteenth year of Our Reign 1642. By the KING A Proclamation by His MAJESTY requiring the Aid and Assistance of all His Subjects on the North side Trent and within twenty Miles Southward thereof for the suppressing of the Rebels now marching against Him WHereas divers Persons bearing an inward Hatred and Malice against Our Person and Government and ambitious of Rule and places of Preferment and Command have raised an Army and are now Traitorously and Rebelliously though under the specious pretence of Our Royal Name and Authority and of the defence of Our Person and Parliament marching in battel-array against Us their Liege-Lord and Sovereign contrary to their Duty and Allegiance whereby the common Peace is like to be wholly destroyed and this flourishing Kingdom in danger to perish under the miseries of a Civil War
Majesty having by His Proclamation of the 22. of December upon the occasion of the Invasion threatned and in part begun by some of His Subjects of Scotland summoned all the Members of both Houses of Parliament to attend him here at Oxford we whose Names are under-written are here met and Assembled in obedience to those His Majesty's Commands His Majesty was pleased to invite us in the said Proclamation by these gracious expressions That His Subjects should see how willing He was to receive Advice for the preservation of the Religion Laws and Safety of the Kingdom and as far as in Him lay to restore it to its former Peace and Security His chief and only end from those whom they had trusted though He could not receive it in the Place where He appointed This most gracious Invitation hath not only been made good unto us but seconded and heightned by such unquestionable Demonstrations of the deep and Princely sense which possesses His Royal Heart of the Miseries and Calamities of His poor Subjects in this unnatural War and of His most entire and passionate Affections to redeem them from that sad and deplorable condition by all ways possible consistent either with His Honour or with the future Safety of the Kingdom that as it were Impiety to question the Sincerity of them so were it great want of Duty and Faithfulness in us His Majesty having vouchsafed to declare that He did call us to be Witnesses of His Actions and privy to His Intentions should we not testifie and witness to all the World the assurance we have of the Piety and sincerity of both We being most entirely satisfied of this truth we cannot but confess that amidst our highest afflictions in the deep and piercing sense of the present Miseries and Desolations of our Country and those farther Dangers threatned from Scotland we are at length erected to some chearful and comfortable thoughts that possibly we may yet by God's Mercy if his Justice have not determined this Nation for its Sins to total Ruine and Desolation hope to be happy Instruments of our Countries Redemption from the Miseries of War and restitution to the Blessings of Peace And we being desirous to believe your Lordship howsoever ingaged a person likely to be sensibly touched with these considerations have thought fit to invite you to that part in this blessed Work which is only capable to repair all our misfortunes and to buoy up the Kingdom from Ruine that is by conjuring you by all the Obligations that have Power upon Honour Conscience or publick Piety that laying to heart as we do the inwardly-bleeding condition of your Country and the outward more menacing Destruction by a Foreign Nation upon the very point of invading it you will co-operate with us to its Preservation by truly representing to and faithfully and industriously promoving with those by whom you are trusted this following most sincere and most earnest desire of ours That they joyning with us in a right sense of the past present and more threatning Calamities of this deplorable Kingdom some persons be appointed on either part and a place agreed on to treat of such a Peace as may yet redeem it from the brink of Desolation This Address we should not have made but that His Majesty's Summons by which we are met most graciously proclaiming Pardon to all without exception is evidence enough that His Mercy and Clemency can transcend all former Provocations and that He hath not only made us witnesses of His Princely Intentions but honoured us also with the name of being Security for them God Almighty direct your Lordship and those to whom you shall present these our most real desires in such a course as may produce that happy Peace and Settlement of the present Distractions which is so heartily desired and prayed for by us and which may make us Your c. From Oxford the 27. of Jan. 1643. We are not ashamed of that earnest meek and Christian request we made in that Letter though it was cryed through London Streets in scorn as the Petition of the Prince and Duke of York for Peace and we thought it would have prevailed to have procured a Treaty for so blessed a thing as Peace and for such an end as redeeming the Kingdom from Desolation the only desire of that our Letter But instead of a compliance with us in this Christian work of Treaty and Accommodation we received a mere frivolous Answer or rather a paper of Scorn in form of a Letter directed to the Earl of Forth wherein was inclosed a Printed paper called A National Covenant of the Kingdoms of England and Scotland and two other Papers in writing one called A Declaration of both those Kingdoms and the other A Declaration of the Kingdom of Scotland Pamphlets full of Treason Sedition and Disloyalty which being publick and needless here to be inserted the Copy of the Letter hereafter followeth My Lord I Received this day a Letter of the nine and twentieth of this instant from your Lordship and a Parchment subscribed by the Prince Duke of York and divers other Lords and Gentlemen but it neither having Address to the two Houses of Parliament nor therein there being any acknowledgment of them I could not communicate it to them My Lord the maintenance of the Parliament of England and of the Privileges thereof is that for which we are all resolved to spend our blood as being the foundation whereupon all our Laws and Liberties are built I send your Lordship herewith a National Covenant solemnly entred into by both the Kingdoms of England and Scotland and a Declaration passed by them both together with another Declaration of the Kingdom of Scotland I rest Your Lordships humble Servant Essex Essex-House Jan. 30. 1643. Whosoever considers this Letter will easily find it was fully understood to whom ours was desired to be communicated under the expression of those by whom their General was trusted And although it be pretended because there was no Address to the two Houses of Parliament nor ackuowledgment of them it could not be communicated to them it is notoriously known he did so far impart it that a Committee of theirs advised the Answer and it appears by the penning they all concurred in the resolution therein mentioned whereby it is evident that this was but an excuse framed to avoid a Treaty And what could that printed Covenant and two Declarations enclosed signifie but to let us know that before we come to any Treaty we must also joyn in that Covenant with them for the absolute extirpation of Church-Government here without nay though against the Kings Consent submit the Lives Liberties and Estates of us and all those who according to their Allegiance have assisted His Majesty to their Mercy and admit and justifie the Invasion from Scotland according to the plain sense of their Declaration which all indifferent Men will think strange Preparatives to a Treaty for Peace and after such
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
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
what business soever without leave from the Earl of Essex in pursuance of which Order though the same passed only the Commons a sworn Messenger of His Majesty's hath been barbarously put to death for carrying a Legal Writ to London we thought any address for Peace would most successfully pass through His hands and that when we had considered how unhappily he had been made an Instrument of so much Blood and Devastation he would with great chearfulness have interposed in a business of Reconciliation and at least have met us half way in so blessed a Work and therefore with His Majesty's leave which He most readily and graciously gave us and for which we doubt not He shall receive the Thanks and Prayers of all His good Subjects we direct a Letter to that purpose to him signed under our hands Whosoever reads that Letter and we hope it will be read by all men will bear us witness and it will be a Witness against those who have rejected it that we have done our parts In stead of vouchsafing us any Answer or proposing us any other way towards Peace if that which we proposed was not thought convenient he writes a short Letter to the Earl of Forth General of His Majesty's Army acknowledging the receipt of ours but saying that it neither having Address to the two Houses of Parliament nor therein there being any acknowledgement of them he could not Communicate it to them whereas the Address was in the way prescribed prescribed under pain of Death no Address being allowed as aforesaid but by the Earl of Essex and he being desired to represent to and promove with those by whom he is trusted our most sincere and earnest desire of a Treaty so that if there had been the least inclination to or enduring of an Overture of Peace he might have as easily communicated it to all those by whom he is instrusted as to a Committee by whose Advice 't is well known his Answer was sent and with it and as part of it a Paper intituled The Declaration of the Kingdom of Scotland and A Declaration of the Kingdoms of England and Scotland and another A solemn League and Covenant the Declarations and Covenant being against the King of both Kingdoms without the consent of and against the major part of the Nobility and we are confident the Gentry and Commonalty of This. And if his Lordship would make good his own Letter and spend his Blood or but use his endeavour for the maintenance of the Parliament of England being indeed the foundation whereupon all Our Laws and Liberties are supported we should not Treat at this distance at least a Treaty would not have been rejected We suffered not Our Selves to be discouraged with this refusal but a safe Conduct was desired for two Gentlemen against whom there neither was nor could be the least exception to go to Westminster to present such Propositions as might best conduce to the Peace of the Kingdom conceiving that by such means our meaning and intentions might best appear and all formalities and unnecessary insisting and mistakes upon words might be removed This safe Conduct which hath never been denied by His Majesty or His Generals to any person who hath desired to have admittance to Him was likewise absolutely refused by the Earl of Essex yet with some expressions That if any Propositions should be sent to those by whom he was intrusted he would use his utmost endeavours to advance the Peace which though it seem'd nothing agreeable to his former Answers obtained yet so much credit with us that we besought His Majesty once more in His own Royal Name to press and desire a Treaty and to direct His Message under such a Title that they who call themselves the two Houses of Parliament could not take any Exception but should be compelled to return some Answer or other And an Answer it hath drawn from them but such an one as will sufficiently inform the World if there could yet have remained any doubt of it how much they are Enemies to Peace Those Answers Declarations and that Covenant are likewise publick to all men God and the World must judge between us In the mean time we must without bitterness or sharpness of Language to which neither example or provocation shall transport us tell these men That most of us are too well known even to themselves to be suspected to incline to be either Papists or Slaves or that we can possibly be made Instruments to advance either Popery or Tyranny And since the defence of the Religion Laws and Liberties of the Kingdom seems to be and in truth is on our part the Argument of this bloody Contention and that we are endeavouring all ways to destroy one another in the behalf of that we all do or all pretend to desire we think our selves obliged to Truth to the present Age and to Posterity to let the World know That as we are much more tender of the Religion Laws and Liberty of the Kingdom than of our Lives and Fortunes so the uneasie Condition wherein we are and the heavy Judgments and Proscriptions imposed on us by our Equals have proceeded and been caused from that Conscience Loyalty and Duty in which we have been Born and Bred and from which we could not swerve without the manifest breach of our Allegiance and those civil Oaths we are obliged by As we hope will appear to all men by this our ensuing Declaration We shall pass over only acknowledging His Majesty's abundant care and favour to His People those excellent Laws made this Parliament for the vindication and removal of those Mischiefs and Inconveniences which seemed to threaten our Rights and Liberty to all which there are very few amongst us who concurred not fully however we are now traduced with the negligence of both and that most gracious Offer of His Majesty to consent to an Act for the ease of tender Consciences in matters indifferent which if it had been accepted would have prevented many of the Miseries have since besallen this poor Kingdom And because the Name and Privilege of Parliament is pretended in defence of those Actions which are done contrary to the known Laws by which only Right and Wrong can be measured and determined and by that venerable Name many of our Companions and Friends have been led into unwarrantable Actions before we come to consider the state and condition of the Religion Laws and Liberty of the Kingdom by these Distractions we shall let the World know how much the inherent and essential Privileges of Parliament have been violated how we being called by His Majesty and trusted by our Country with their Suffrages in that Council hath been driven and are now kept from the place whither we were first called by His Majesty and where some Members still sit and lastly how far this miserable and to say no more this unjustifiable Civil War and this desperate and odious Invasion of a
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
Parliament as they had upon the first of January 1641. the same of right belonging unto them by their Birth-rights and the free Election of those that sent them and having been Voted from them for adhering to His Majesty in these Distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new Elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous Assemblies as to the great breach of the Privileges and the high Dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two several complaints from the Lords House and two several desires of that House to the House of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable Distractions which have ensued which Security His Majesty conceives can be only settled by Adjourning the Parliament to some other place at the least twenty Miles from London the choice of which His Majesty leaves to both Houses His Majesty will most chearfully and readily consent that both Armies be immediately disbanded and give a present meeting to both His Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be Adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable Convention of Parliament such Provisions will be made against Seditious Preaching and Printing against His Majesty and the established Laws which hath been one of the chief causes of the present Distractions and such care will be taken concerning the Legal and known Rights of His Majesty and the Property and Liberty of His Subjects that whatsoever hath been published or done in or by colour of any illegal Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the Power to raise Arms without His Majesty's Consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturb the Peace of the Kingdom and to endanger the very Being of it And in such a Convention His Majesty is resolved by His readiness to consent to whatsoever shall be proposed to Him by Bill for the Real good of His Subjects and particularly for the better discovery and speedier conviction of Recusants for the Education of the Children of Papists by Protestants in the Protestant Religion for the prevention of practices of Papists against the State and the due execution of the Laws and true levying of the Penalties against them to make known to all the World how causeless those fears and jealousies have been which have been raised against Him and by that so distracted this miserable Kingdom And if this Offer of His Majesty be not consented to in which He asks nothing for which there is not apparent Justice on His side and in which He defers many things highly concerning both Himself and People till a full and peaceable Convention of Parliament which in Justice He might now require His Majesty is confident that it will then appear to all the World not only who is most desirous of Peace and whose fault it is that both Armies are not now disbanded but who have been the true and first cause that this Peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the Destruction and Desolation of this poor Kingdom which is too likely to ensue will not by the most interessed passionate or prejudicate Person be imputed to His Majesty His MAJESTY'S Message to both Houses May 19. in pursuance of the foregoing Message SInce His Majesty's Message of the twelfth of April in which he conceived He had made such an Overture for the immediate Disbanding of all Armies and Composure of these present miserable Distractions by a full and free Convention in Parliament that a perfect and settled Peace would have ensued hath in all this time above a full Month procured no Answer from both Houses His Majesty might well believe Himself absolved before God and Man from the least possible Charge of not having used His utmost endeavour for Peace Yet when He considers that the Scene of all this Calamity is in the Bowels of His own Kingdom that all the Blood which is spilt is of His own Subjects and that what Victory soever it shall please God to give Him must be over those who ought not to have lifted up their hands against Him when He considers that these desperate civil Dissentions may encourage and invite a Foreign Enemy to make a Prey of the whole Nation that Ireland is in present danger to be totally lost that the heavy Judgments of God Plague Pestilence and Famine will be the inevitable Attendants of this unnatural Contention and that in a short time there will be so general a habit of uncharitableness and Cruelty contracted throughout the Kingdom that even Peace it self will not restore His People to their old Temper and Security His Majesty cannot but again call for an Answer to that His Message which gives so fair a Rise to end these unnatural Distractions And His Majesty doth this with the more earnestness because He doubts not the condition of His Armies in several parts His strength of Horse Foot and Artillery His plenty of Ammunition which some Men lately might conceive He wanted is so well known and understood that it must be confessed that nothing but the Tenderness and Love to His People and those Christian Impressions which always have and He hopes always shall dwell in His heart could move Him once more to hazard a Refusal And He requires them as they will answer to God to Himself and all the World That they will no longer suffer their fellow-Subjects to welter in each others Blood that they will remember by whose Authority and to what end they met in that Council and send such an Answer to His Majesty as may open a door to let in a firm Peace and Security to the whole Kingdom If His Majesty shall again be disappointed of His Intentions herein the Blood Rapine and Distraction which must follow in England and Ireland will be cast upon the Account of those who are deaf to the motion of Peace and Accommodation CHARLES R. May 19. 1643. OUR express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales MDCXLIV April 15. The Petition of the Lords and Commons of Parliament assembled at Oxford Presented to His MAJESTY the day before the Recess And His MAJESTY'S Gracious Answer to the same To the Kings most excellent
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
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
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
be seasonable to give any Answer concerning the Time And we are ready to confer with your Lordships upon what shall be offered by you to our Paper concerning the Militia formerly delivered The King's Commissioners Reply 4. February VVE are of opinion that the Propositions in your Lordships Paper contain the Alterations mentioned in the Paper we lately delivered to your Lordships and take by express words or necessary consequence the whole Military and Civil Power out of the Crown which Alterations we are ready to make appear in Debate And the Alterations being so great we have reason to desire to know the limitation of Time the consideration of which makes the Propositions more or less reasonable The King's Commissioners second Paper 4. Feb. VVE desire to know who the Commissioners shall be in whose hands the Forces by Sea and Land shall be entrusted and whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of known affection to Religion and Peace Their Answer 4. February THE Commissioners in whose hands the Forces by Sea and Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. Feb. VVE desire a full Answer to our Paper concerning the Persons to be entrusted with the Militia it being very necessary to know the Persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their rooms against whom there can be no just exception The King's Commissioners third Paper 4. Feb. VVE desire to know whether your Lordships intend that the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Feb. IT appears by the Propositions concerning the Militia of the City of London that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament The King's Commissioners Reply 4. February WE desire an Answer to our Paper concerning the Militia of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament which yet doth not appear by the Propositions being no Answer to the Question The King's Commissioners Paper 5. Feb. HAving with great diligence perused your Lordships Paper concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can we will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships satisfaction concerning the matter of the Militia of this Kingdom The King's Commissioners Paper in Answer to the Propositions concerning the Militia 6. February TO suppress any Forces that may be raised to the disturbance of the publick Peace of the Kingdom or that shall invade this Kingdom and to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles and that His Majesty and all His People may be secured from the Jealousies and Apprehensions they may have of Danger we do consent that all the Forces of the Kingdom both by Sea and Land shall be put into the hands of Persons of known faithfulness to the Religion and Peace of the Kingdom in such manner and for such time as hereafter mentioned That the number of those Persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us and that His Majesty may name half the persons to be so entrusted and the two Houses the other half That such Forts and Towns in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been fortified since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished and all Forces with all possible expedition to be disbanded that the Kingdom may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another and when any shall dye of those named by the two Houses another shall be chosen by them and in the Intervals of Parliament by the major part of the said Commissioners named by the two Houses and neither the one nor the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be aggreed upon shall have Power by Act of Parliament to suppress any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the Intervals of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publick Peace of the Kingdom and to suppress any Forces that shall invade the Kingdom And it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the publick Peace That they shall have like Power to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt Consent of the King and the two Houses of Parliament it shall be lawful for any four of the said Commissioners to levy Forces for the supppressing resisting and destroying of the said Forces so brought in We are content that this Power to such Persons shall continue for the space of three years which we doubt not but by the blessing of God will be abundantly sufficient to secure all Persons from their Doubts and Fears and in which
upon the other and the one upon the Government of the other and concerning some other Passages having relation to the Militia Which would be intricate if they should be set down in the order of time as they were delivered And because sometimes divers Papers were delivered together therefore they are here placed according to their distinct matters And first touching the Nomination of Persons and Limitation of the Time The King's Commissioners delivered in this Paper 14. Feb. IF your Lordships are not satisfied with the Papers delivered to your Lordships by us on the 6 th of February concerning the Militia as far as the same concerns this Kingdom we desire according to your Lordships offer in your first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the Reasonableness of your Demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend your desire to proceed in the Treaty upon the Propositions for the Militia as far as the same concerns this Kingdom without any mention of the Kingdom of Scotland In Answer whereunto we refer your Lordships to a former Paper of the 6 th of February instant whereby we desired your full and clear Answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they do relate to both Kingdoms and that we could not Treat upon your Lordships Answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an Answer thereunto we shall be ready to clear any Doubts which may remain with your Lordships The Kings Commissioners Reply 14. February WE do desire to proceed in the Treaty upon the Propositions for the Militia as the same concerns both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably answer to them as they concern one or both Kingdoms before we receive satisfaction from your Lordships of the Reasonableness of your Demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we again desire of your Lordships concerning the Persons and the Time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the Time should be unlimited Their Answer 15. Feb. VVE have formerly desired your Lordships Answer to the Propositions for the Militia in order as we delivered them and as they do relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships third Paper yesterday received that you desire satisfaction in the particulars there mentioned as the same concern the Kingdom of England only in pursuance of a former Paper given in by your Lordships the 6 th of February We therefore again desire as formerly that such Answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applyed to both Kingdoms joyntly and then we shall be ready by Conference to clear any Objections which your Lordships shall make against the Reasonableness of our Demands The King's Commissioners Paper 15 February WE desire that your Lordships will satisfie us of the Reasonableness of your Demands concerning the settling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the Time ought not to be limited Their Paper 15. February YOUR Lordships Demand in your 4. Paper being made concerning the Militia of both Kingdoms we are ready upon Conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the Time for which the Militia is demanded in the Propositions After some time spent in Conference for Limiting the Time wherein the Debate was touching the unreasonableness of the Demand for taking from the King the Power of the Militia and settling it in Commissioners to be nominated by the two Houses not limited to any Time the Kings Commissioners gave in this Paper 15. Feb. WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia or whether you must insist that the Time be unlimited Their Answer 17. Feb. IN Answer to your sixth Paper of the 15 th of this instant concerning the limitation of time in the settling of the Militia we do insist That the Time be unlimited according to our former Demands The King's Commissioners Reply 17. February AFter so long Debate between us concerning the limitation of Time in the settling of the Militia in which we conceived your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present Agreement that the Time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time and are sorry that your Lordships will not give us an Answer to that Question that thereupon we might have endeavoured to have given your Lordships other satisfaction than by not knowing your power therein we are enabled to do Their Paper 17. Feb. WE conceived that after so long a Debate between us your Lordships would have been satisfied that it was most fit concerning the settling the Militia for the Time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Feb. WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions Their Answer 17. Feb. VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia as we hope will give your Lordships satisfaction being such as upon the Conference and Information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our Duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesty's Opinion but what Answers we
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our Answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland is delivered in to your Lordships except the 23. Proposition and the last Article in the 26. Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further Answer to their Propositions concerning the Militia 17. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further Answer to those Propositions concerning the Militia is That we are willing and do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable Penalties as shall be proposed by your Lordships and agreed to by us in which we believe we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us may be looked upon and accounted as most pernicious Enemies to King and Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect Amity with them and shall not desire any change of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm And therefore as we are yet satisfied we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual Amity so much desired But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be settled as after a Peace established shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary Security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships And what your Lordships now offer concerning the Militia of the Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our Answer to that Paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdom of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same Cause and labouring under the same Dangers and therefore necessitated to a mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it To which we answer That we believed we had given your Lordships such convincing Reasons as might have satisfied you and we doubt not but they may if you will recollect your memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive Answer to our Demands as we have often already pressed your Lordships And whereas your Lordships do propound that if we shall further insist upon the
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
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
great proportions of all necessary Supplies unto the Protestants there whereby they have subsisted and have very lately sent thither and have already provided to be speedily sent after in Money Victuals Cloaths Ammunition and other Necessaries to the value of sevenscore thousand Pounds and they have not desired any other Provision from His Majesty but what He was well able to afford herein only His assistance and Consent in joyning with His two Houses of Parliament for the better enabling them in the prosecution of that War And we are so far from apprehending any impossibility of reducing that Kingdom during the unhappy distractions here that although many of the Forces provided by the two Houses for that end were diverted and imployed against the Parliament to the increasing of our Distractions yet the Protestants in Ireland have subsisted and do still subsist and we have just cause to believe that if this Cessation had not been obtained by the Rebels and that in the time of their greatest Wants and that these Forces had not been withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdom For the pretended Necessities offered as grounds of this Cessation we have already given your Lordships we hope clear information For the Persons whose Advice His Majesty followed therein your Lordships have not thought fit to make them known unto us and we cannot conceive their Interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many Persons of all sorts have forsaken that Kingdom rather then they would submit unto this Cessation and great numbers of considerable Persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible means of their Destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the state of the War to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant of but are well assured that what they did was in pursuance of their Duty and for advancement of the publick Service and suppressing of that horrid Rebellion and we cannot but still affirm they were discountenanced and commanded from the Council there where the prosecution of that War was to be managed and that it was declared from His Majesty that he disapproved of the Subscriptions of the Officers of the Army by means whereof that course was diverted Concerning the Moneys raised for Ireland we have in our former Papers given your Lordships a full and just Answer and we are sorry the same cannot receive credit Those Moneys raised upon charitable Collections we do positively affirm were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested We are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledged was denied was only such as they conceived most necessary for advancement of that Service and the denial thereof proved very prejudicial thereunto And we must again inform your Lordships that it was well known at the time when the Goods were seized by His Majesties Forces as your Lordships allege near Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other Provisions made and sent for the same purpose were likewise seized and taken away by some of His Majesties Forces as we have been credibly informed not without His Majesties own knowledge and direction Your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well justifie and if the same be well done they need not fear to give an Account thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withal then shall be agreeable to Justice Upon the whole matter notwithstanding the Allegations Pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether unjust unlawful and destructive to His Majesties good Subjects and of advantage to none but the Popish bloody Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and Duty obliged upon our former Demands concerning Ireland which we conceive most Just and Honourable for his Majesty to consent unto We know no other ways to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by God's blessing we shall speedily settle that Kingdom in their due Obedience to His Majesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles and Ordinances delivered by us unto your Lordships there should be a ground for your Opinion that upon any Differences between the Committees or Commanders imployed about the War of Ireland the War should stand still or be dissolved nor do we find that the Ordinance of the 11. of April can produce any such inconvenience as your Lordships do imagine nor doth the making of the Earl of Leven Commander in chief of the Scotish and British Forces and the settling of the prosecution of the War of Ireland in the two Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms take away the relation to His Majesties Authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties Consent is humbly desired and the whole Power is derived from him only the Execution of it is put into such a way and the General is to carry on the War according to the Orders he shall receive from the Committee of both Kingdoms and in case of Disagreement in the Committee the two Houses of Parliament are to prosecute that War as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyn with the Commander in chief of the Scotish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our Answer to your Lordships second Paper of this day Nor doth the naming of the Earl of Leven to be General any more take away the Power of the two Houses then if he were a Native of this Kingdom or is there any part of the Kingdom of Ireland delivered over into the hands of his Majesties Subjects of the Kingdom of Scotland who do only joyn with their Councils and Forces for carrying on the War and reducing that Kingdom to his Majesties Obedience And we conceive it most conducing for the good of his Majesties Service and of that Kingdom that
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
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
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
propose conditions of Peace though the VVar otherwise might justly be pursued And surely as a Cessation in Ireland may be some advantage to the Rebels as all Cessations in their nature are to both parts they having thereby time and liberty to procure Arms and Ammunition to be brought to them so it is not only for the advantage but necessary preservation of Our good Subjects there whose bleeding Dangers call for Our bowels of Charity and Compassion by suspending the rage of the Adversary by this Cessation till means may be found to turn their hearts or to disable their Malice from pursuing their Cruelty to the utter Ruin of that Remainder of Our good Subjects there it being more acceptable to God and Man to preserve a few good men from destruction than to destroy a multitude though in the way of Justice and perhaps a Cessation may bring some of those Rebels to reflect upon their Offences and to return to their Duty all are not in the same degree of guilt all were not Authors of nor consenting to the Cruelties committed some were inforced to comply with or not resist their proceedings some were seduced upon a belief the Nation was designed to be eradicated and the VVar not against the Rebellion only but their Religion The VVar destroys all alike without distinction even innocent Children have suffered not by the Rebels only and all are not Tigers or Wolves there may be grounds of Mercy to some though no severity be excessive towards others However We cannot desire the destruction even of the worst of those Irish Rebels so much as We do the preservation of the poor English remaining there but should make choice rather to save the Rebels for preserving the lives of those poor Protestants than destroy them to ruine the Rebels And therefore exceeding strange it is to Us and We are sorry to find that any English men who have seen this their Native Country heretofore even in Our time flourishing beyond most of the Kingdoms and Churches in the world and now most hideous and deformed weltring in the blood of her own Children and if this VVar continue like to be a perpetual spectacle of Desolation should express that they desire War in Ireland as much as they do Peace here no more valuing the sparing of English blood here than they do the effusion of the blood of the Rebels in Ireland They say indeed they are willing to lay out their Estates and Lives both for the War in Ireland and Peace in this Kingdom but withal they say they have made Propositions for both if Our Commissioners would agree to them These are the Conditions they offer neither Peace is to be had here without agreeing to their Propositions nor that VVar in Ireland to be managed but according to those Propositions such Propositions as apparently tend to the ruine of the Church to the subversion of all Our Power to the setting up a new frame of popular Government to the destructioo of Our Loyal and true-hearted Subjects Propositions which associate Our Subjects of Scotland in their Counsels and Power and invest them in a great share of the Government and VVealth of this Kingdom and render both the VVealth and Power of Ireland to be at their command These Propositions they insist upon and for the obtaining these they are resolved to engage the Lives and Estates of Our poor People in this unnatural Rebellion But VVe trust God Almighty will open the Eyes and the Hearts of Our People not to assist them any longer against Us in the shedding innocent blood in this VVar. And VVe cast Our selves on Him waiting His good time for the restoring the Peace of Our Kingdoms and Our deliverance from these Troubles which at length VVe are assured He will give unto Us. MESSAGES PROPOSITIONS AND TREATIES FOR PEACE WITH DIVERS RESOLUTIONS AND DECLARATIONS THEREUPON MDCXLV VI. VII VIII His MAJESTIES Message to both Houses from Oxford December 5. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being deeply sensible of the continuation of this bloody and unnatural War cannot think himself discharged of the Duty He owes to God or the Affection and regard He hath to the preservation of His People without the constant application of His earnest Endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a Safe-Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires and their Attendants with Coaches Horses and other Accommodations for their Journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at the Court at Oxford the fifth of December 1645. The Letter of the two Speakers For Sir Thomas Glemham Governour of Oxford SIR VVE have received your Letter of the 5 th of this instant December with His Majesties inclosed and have sent back your Trumpet by command of both Houses who will with all convenient speed return an Answer to His Majesty and rest Your Loving Friends Grey of VVark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons His MAJESTIES Message to both Houses in pursuance of the former From Oxford Dec. 15. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the Dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising these Arms hath been only for the necessary defence of God's true Religion His Majesties Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the Persons mentioned in His Majesties Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace a thing so far from having been at any time denied by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no Discouragements whatsoever shall make Him fail of His part in doing his uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you
always urging that there should be no Physick because the party is sick And in this particular it hath been often observed unto them that those whom they call Irish who have so expressed their Loyalty to their Soveraign were indeed for the most part such English Protestants as had been formerly sent into Ireland by the two Houses impossibilitated to stay there any longer by the neglect of those that sent them thither who should there have better provided for them And for any Forein Forces it is too apparent that their Armies have swarmed with them when his Majesty hath had few or none And whereas for a third impediment it is alledged that the Prince is in the head of an Army in the West and that there are divers Garrisons still kept in his Majesties Obedience and that there are Forces in Scotland it must be as much confessed as that as yet there is no Peace and therefore it is desired that by such a Personal Treaty all these impediments may be removed And it is not here amiss to put them in mind how long since his Majesty did press a disbanding of all Forces on both sides the refusing whereof hath been the cause of this Objection And whereas exception is taken that there is a time limited in the Proposition for his Majesties Personal Treaty thereupon inferring that he should again return to Hostility his Majesty protesteth that he seeks this Treaty to avoid future Hostility and to procure a lasting Peace and if he can meet with like inclinations to Peace in those he desires to Treat with he will bring such affections and resolutions in himself as shall end all these unhappy bloody Differences As for those Ingagements which his Majesty hath desired for his Security whosoever shall call to mind the particular occasions that enforced his Majesty to leave his City of London and VVestminster will judge his Demand very reasonable and necessary for his Safety But he no way conceiveth how the Lord Maior Aldermen Common-Council and Militia of London were either subject or subordinate to that Authority which is alledged as knowing neither Law nor practice for it and if the two Armies be he believes it is more than can be parallel'd by any former times in this Kingdom Nor can his Majesty understand how his Majesties seeking of a Personal Security can be any breach of Priviledge it being likely to be infringed by hindring his Majesty from coming freely to his two Houses As for the Objection that his Majesty omitted to mention the settling Religion and securing the Peace of his Native Kingdom his Majesty declares that he conceives that it was included in his former and hath been particularly mentioned in his latter Message of the 15. present But for their better satisfaction he again expresseth that it was and ever shall be both his meaning and endeavour in this Treaty desired And it seems to him very clear that there is no way for a final ending of such Distractions as afflict this Kingdom but either by Treaty or Conquest the latter of which his Majesty hopes none will have the impudence or impiety to wish for and for the former if his Personal assistance in it be not the most likely way let any reasonable man judge when by that means not only all unnecessary Delays will be removed but even the greatest Difficulties made easy And therefore he doth now again earnestly insist upon that Proposition expecting to have a better Answer upon mature consideration And can it be imagined that any Propositions will be so effectual being formed before a Personal Treaty as such as are framed and propounded upon a full debate on both sides Wherefore his Majesty who is most concerned in the good of his People and is most desirous to restore Peace and Happiness to his three Kingdoms doth again instantly desire an Answer to his said former Messages to which he hath hitherto received none Given at Our Court at Oxon the 24. of Jan. 1645. His MAJESTIES Message to both Houses from Oxford Jan. 29. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty having received Information from the Lord Lieutenant and Council in Ireland that the Earl of Glamorgan hath without his or their Directions or privity entred into a Treaty with some Commissioners on the Roman-Catholick Party there and also drawn up and agreed unto certain Articles with the said Commissioners highly derogatory to his Majesties Honour and Royal Dignity and most prejudicial unto the Protestant Religion and Church there in Ireland whereupon the said Earl of Glamorgan is arrested upon suspicion of High Treason and imprisoned by the said Lord Lieutenant and Council at the instance and by the Impeachment of the Lord Digby who by reason of his Place and former Imployment in these Affairs doth best know how contrary that Proceeding of the said Earl hath been to His Majesties Intentions and Directions and what great prejudice it might bring to His Affairs if those Proceedings of the Earl of Glamorgan should be any ways understood to have been done by the directions liking or approbation of his Majesty His Majesty having in his former Messages for a Personal Treaty offered to give contentment to his two Houses in the Business of Ireland hath now thought fitting the better to shew his clear Intentions and to give satisfaction to his said Houses of Parliament and the rest of his Subjects in all his Kingdoms to send this Declaration to his said Houses containing the whole truth of the business Which is That the Earl of Glamorgan having made offer unto him to raise Forces in the Kingdom of Ireland and to conduct them into England for his Majesties Service had a Commission to that purpose and to that purpose only That he had no Commission at all to Treat of any thing else without the privity and directions of the Lord Lieutenant much less to capitulate any thing concerning Religion or any Propriety belonging either to Church or Laity That it clearly appears by the Lord Lieutenant's Proceedings with the said Earl that he had no notice at all of what the said Earl had Treated and pretended to have capitulated with the Irish until by accident it came to his knowledge And his Majesty doth protest that until such time as he had advertisement that the Person of the said Earl of Glamorgan was arrested and restrained as is above-said He never heard nor had any kind of notice that the said Earl had entred into any kind of Treaty or Capitulation with those Irish Commissioners much less that he had concluded or signed those Articles so destructive both to Church and State and so repugnant to his Majesties publick Professions and known Resolutions And for the further vindication of his Majesties Honour and Integrity herein He doth declare That He is so far from
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
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
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
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
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
learned to thirst the more by how much the more they drank whom no fountain of Royal Bounty was able to overcome so resolved they seemed either utterly to exhaust it or barbarously to obstruct it Sure it ceases to be Counsel when not Reason is used as to men to perswade but Force and Terror as to beasts to drive and compel men to assent to whatever tumultuary Patrons shall project He deserves to be a Slave without pity or redemption that is content to have the Rational soveraignty of his Soul and liberty of his Will and Words so captivated Nor do I think my Kingdoms so considerable as to preserve them with the forfeiture of that Freedom which cannot be denied Me as a King because it belongs to Me as a Man and a Christian owning the dictates of none but God to be above Me as obliging Me to consent Better for Me to die enjoying this Empire of my Soul which subjects Me only to God so far as by Reason or Religion he directs Me than live with the Title of a King if it should carry such a vassalage with it as not to suffer Me to use My Reason and Conscience in which I declare as a King to like or dislike So far am I from thinking the Majesty of the Crown of England to be bound by any Coronation-Oath in a blind and brutish formality to consent to whatever its Subjects in Parliament shall require as some men will needs infer while denying me any power of a Negative voice as King they are not ashamed to seek to deprive Me of the liberty of using My Reason with a good Conscience which themselves and all the Commons of England enjoy proportionable to their influence on the publick who would take it very ill to be urged not to deny whatever My self as King or the House of Peers with Me should not so much desire as enjoyn them to pass I think My Oath fully discharged in that point by my Governing only by such Laws as My People with the House of Peers have chosen and My self consented to I shall never think My self conscientiously tied to go as oft against My Conscience as I should consent to such new Proposals which My reason in Justice Honour and Religion bids Me deny Yet so tender I see some men are of their being subject to Arbitrary Government that is the Law of anothers will to which themselves give no consent that they care not with how much dishonour and absurdity they make their King the only man that must be subject to the will of others without having power left him to use his own Reason either in Person or by any Representation And if my dissentings at any time were as some have suspected and uncharitably avowed out of Error Opinionativeness Weakness or Wilfulness and what they call Obstinacy in Me which not true Judgment of things but some vehement Prejudice or Passion hath fixed on My Mind yet can no man think it other than the badg and method of Slavery by savage Rudeness and importunate obtrusions of Violence to have the mist of his Error and Passion dispelled which is a shadow of Reason and must serve those that are destitute of the substance Sure that man cannot be blameable to God or Man who seriously endeavours to see the best reason of things and faithfully follows what he takes for Reason The uprightness of his Intentions will excuse the possible failings of his Understanding If a Pilot at Sea cannot see the Pole-star it can be no fault in him to steer his course by such Stars as do best appear to him It argues rather those men to be conscious of their defects of Reason and convincing Arguments who call in the assistance of mere force to carry on the weakness of their Counsels and Proposals I may in the truth and uprightness of my Heart protest before God and Men that I never wilfully opposed or denied any thing that was in a fair way after full and free debates propounded to Me by the Two Houses further than I thought in good Reason I might and was bound to do Nor did any thing ever please Me more than when My Judgment so concurred with theirs that I might with good Conscience consent to them yea in many things where not absolute and moral necessity of Reason but temporary convenience on point of Honour was to be considered I chose rather to deny My self than them as preferring that which they thought necessary for My Peoples good before what I saw but convenient for My self For I can be content to recede much from My own Interests and Personal Rights of which I conceive My self to be Master but in what concerns Truth Justice the Rights of the Church and my Crown together with the general good of my Kingdoms all which I am bound to preserve as much as morally lies in Me here I am and ever shall be fixt and resolute nor shall any man gain my consent to that wherein my Heart gives my Tongue or Hand the Lye nor will I be brought to affirm that to Men which in my Conscience I denied before God I will rather chuse to wear a Crown of Thorns with My Saviour than to exchange that of Gold which is due to Me for one of Lead whose embased flexibleness shall be forced to bend and comply to the various and oft contrary dictates of any Factions when in stead of Reason and Publick Concernments they obtrude nothing but what makes for the interest of Parties and flows from the partialities of private Wills and Passions I know no resolutions more worthy a Christian King than to prefer his Conscience before his Kingdoms O my God preserve thy Servant in this Native Rational and Religious Freedom for this I believe is thy will that we should maintain who though Thou dost justly require us to submit our Vnderstandings and Wills to thine whose Wisdom and Goodness can neither err nor misguide us and so far to deny our carnal Reason in order to thy Sacred Mysteries and Commands that we should believe and obey rather than dispute them yet dost Thou expect from us only such a reasonable Service of Thee as not to do any thing for Thee against our Consciences and as to the desires of men enjoinest us to try all things by the touch-stone of Reason and Laws which are the Rules of Civil Justice and to declare our Consents to that only which our Judgments approve Thou knowest O Lord how unwilling I was to desert that place in which Thou hast set Me and whereto the Affairs of My Kingdoms at present do call Me. My People can witness how far I have been content for their good to deny My self in what Thou hast subjected to My disposal O let not the unthankful importunities and Tumultuary Violence of some mens Immoderate demands ever betray Me to that dangerous and unmanly slavery which should make Me strengthen them by my Consent in those things which I
Martyrdom Jan. 30. 1648 9. p. 206 APPENDIX Concerning Church-Government Of the Differences between His Majesty and the two Houses in point of Church-Government See Icon Basil XVII p. 687 The Papers which passed betwixt His Majesty and Henderson concerning the Change of Church-Government 1646. p. 75 The Papers which passed betwixt His Majesty and the Divines attending the Commissioners of both Houses at Newport 1648. Append. p. 612 seqq THE END The Duke of Lenox the Earl of Arran in Scotland Some Writers who since have been convinced of their misinformation have named amongst those seven Lords the Lord Bruce Earl of Elgin but his Lordship upon the first notice of this report did to several Persons of Quality and Honour he conversed with and since hath affirmed to me that he was not then present and that his heart could never consent to the shedding of the blood of that excellent Prelate * A full Answer †The Regal Apology His Majestie 's Religion His Justice His Clemency His Fortitude His Patience His Humility His Choice of Ministers of State His Affection to His People His Obliging Converse His Fidelity His Chastity His Temperance His Frugality His Intellectual Abilities His Skill in all Arts. His Eloquence His Political Prudence The Censure of His Fortune A Presage of His Fall and the future State of the Royal Family His Recreations The Features of His Body His Children Acts 14. 23. Acts 6. 6. 1 Cor. 16. 1. 1 Cor. 14. 1 Cor. 5. 5. 3 Joh. 9 10. 1 Tim. 5. 22. Tit. 1. 5. Revel 2. 3. 1 Tim. 5. 19. Tit. 3. 10. * 5 15 26 29. of Decemb. 84 15. of Jan. 1645. * Jan. 23. 2 Feb. Passed by the Fag-end of the House of Commons Jan. 4. having been cast out by the Lords Jan. 2. Hereabout I was stopt and not suffered to speak any more concerning Reasons * defiance * Answer * four for it seems some came in after Here a Lady interposed saying Not half the People but was silenced with threats Upon the Earl of Strafford Pointing to the Bishop Turning to some Gentlemen that wrote Pointing to the Bishop These words were spoken upon occasion of private Discourse between His Majesty and the Bishop concerning the several Stages of man's life and his course through them in allusion to Posts and Stages in a Race * Cook 7. Report Calvin's Case Mr. Stroud Mr. Pym. Sir John Biron Lord Say His Majesty's gracious Message to both Houses of Parliament sent from Nottingham Aug. 25. 1642. by the Earls of Southampton and Dorset Sr. John Culpeper Chancellor of the Exchequer and Sr. William Vdal The Answer of the Lords and Commons to His Majesty's Message the 25. of Aug. 1642. His Majesty's Reply to an Answer sent by the two Houses of Parliament to His Majesty's Message of the 25 of August concerning a Treaty of Accommodation The humble Answer and Petition of the Lords and Commons assembled in Parliament unto the Kings last Message The humble Answer of the Lords and Commons assembled in Parliament unto His Majesty's last Message Message of Feb. 20. * to the Votes of both Houses and to their desire of a safe Conâ—uct His Majesty's Message of Apr. 12. at the end of the Treaty Inserted before pag. 353. * were presently His Majesty's Message replying to this Paper is inserted before p. 250. In His Message of April 12. pag. 353. Pag. 353. April 5. * The fourth of Edward the Third Artic. 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose consent or of four of them no great business was to be transacted Rot. Parliam 13 E. 3. N. 15 16. The whole Navy disposed of by Parliament N. 13 14. Admirals appointed and Instructions given to them N. 32. Instructions for the defence of Jersey and a Deputy-Governour appointed in Parliament N. 35. Souldiers of York Nottingham c. to go at the cost of the Countrey and what they are to do N. 36. A Clark appointed for payment of their wages by the oversight of the Lord Percy and Nevil N. 38. Sir Walter Creak appointed Keeper of Berwick N. 39. Sir Tho. de Wake appointed to set forth the Array of Soldiers for the County of York and N. 40 41 42 43. others for other Counties 14 E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwal shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancaster Warren and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea-coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick N. 48. Commission to the Lord Mowbray of the Justices of Lentham N. 53 54 c. Commissions of Array to the Earl of Angois and others 15 E. 3. N. 15. That the Chancellors chief Justices Treasurers Chancellors and Barons of the Exchequer c. may be chosen in open Parliament and there openly sworn to observe the Laws Answer thus That as they sall by death or otherwise it shall be so done in the choice of a new with your assents c. 50 E. 3. N. 10 11. Ordered in Parliament That the King should have at the least ten or twelve Counsellors without whom no weighty matters should pass c. N. 15. A Commission to the L. Percy and others to appoint able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18 19. The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoign Ireland and Artois Keepers of the Ports Castles c. 2. R. 2. Rot. Parl. par 2. artic 39. The Admiralty N. 37. In a Schedule is contained the order of the E. of Northumb. and others for the defence of the North Sea-coasts and confirmed in Parliament 6 R. 2. N. 11. The Proffer of the Bishop of Norwich to keep the Sca-coasts and accepted in Parliament 8 R. 2. 11 16. The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause 11 R. 2. N. 23. No persons to be about the King or intermeddle with the Affairs of the Realm other than such as be appointed by Parliament 15 R. 2. N. 15. The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H. 4. N. 106. That the King will appoint able Captains in England and Wales Stat. 4. H. 4. cap. 31 32 33. printed The Welch-men shall bear Office 5 H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other Men from about him N. 37. At the request of the Commons nameth divers Privy-Councellors 7 and 8 H. 4 26. Power given to the Merchants to name two persons to be Admirals 7 and 8 H. 4. N. 31. Councellors appointed by