your Lordships doe not expect or intenâ— or at least are so doubtfull that the cleare sense thereof is not evident to all understandings As by the literall sense of your Propositions neither the Sheriffes of Counties or Iustices of Peace and other legall Ministers may raise Forces by the Posse Comitatus or otherwise to suppresse Riots and remove forcible Entries or to performe the other necessary duties of their places without being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publique Peace As likewise all Civill Actions and differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we beleeve your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that iâ— a reasonable and full security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof And that the memory of these unhappy distractions may be forgotten as soon as may be that the tiâ—e of this settlement may be limited to three yeares which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People And that the fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present union and Reconciliation may be deferred till after the Peace established to be setled by Hiâ— Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordship shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the 6th of February for the agreement of the Commissioners between your Lordships and us to be equall We shall gladly receive any more equall way from your Lordships since it is apparant that that already proposed by your Lordships and which you insist upon in Tâ—rminis is not fit to be consented to for the quiet and Peace of the Kingdom presuming that you will thinke the security ought to be mutuall as the Feares and Iealousies are mutuall And we are most confident that His Majesty so much desires to give all reasonable and fit security on his part that the agreement and Peace to be now made shall be inviolably observed That as he will name no man for this great Trust against whom there can be just exception if the persons are named equally between him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms mighâ— have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the reason we consent not to your Propositions is because we conceive them destructive to the end for which they are proposed Iustice Peace and Vnity and not that we deny to consent to any reasonable security for observance of the agreement to be made of which we will alwaies be most tender with regard to all persons concerned This was the last paper delivered in the last of the six daies touching the Militia but that being taken up againe in some part of the two last daies of the Treaty as those of Religion and Ireland also were their Commissioners upon their breaking up of the Treaty about two of the clock in the morning after the 22th of February gave in a Paper intended for an Answer to this Paper which neverthelesse relates to the Paper here next following delivered by them the 21. of February mentioning a limitation of time for seaven yeares for that cause is herein set downe after that Paper and as their last of that subject and the Papers upon that Subject delivered in the mean time in the two last daies are these following Their Paper 21. Febr. WHereas your Lordships have in severall Papers much insisted CXXXI that the Commissioners mentioned in the 17th Proposition should be for a limited time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the time for the said Commissioners to be for seaven years from the time of the passing the Act for the Militia And that after the expiration of such terme the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves a part delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. February VVE the Commissioners of the Parliament of Scotland do CXXXII declare that our consent to the Paper given in this day concerning the limitation of the power of the Militia in Commissioners according to the 17th Proposition to continue for seaven yeares from the time of the passing of the Act for the Militia and after the expiration of that terme to be setled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England And by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy agreement and setling of a firme and blessed Peace The King's Commissioners Answer 22. February VVE have hitherto conceived that this Treaty hath CXXXIII been betwixt us that are appoynted Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the 20th of Febr. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day We desire to know whether the Commissioners of the Parliament of Scotland have a negative voyce or have not power to concludeâ— without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with
deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
the same were particularly enacted by the Authority of Parliament And that the Lord Major Aldermen and Commons in Common-Councell may adde to or repeale 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 Vpon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earle of Southampton with this Message of the 13th of December HIs Majesty hath seriously considered your Propositions II. and findes it very difficult in respect they import so great an alteration in Government both in Church and State to returne a particular and positive answer before a full debâ—te wherein thosâ— Propositions and all the necessary Explanations and reasons for assenting dissenting or qualifying and all inconveniences and mischiefes 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 appoynt such number of Persons as you shall think fit to Treat with the like number of Persons to be appoynted 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 Protestâ—nt Religion with due regard to the ease of tender Consciences as His Majesty hath often offered The Rights of the Crowne The Liberty and Property of the Subject and the Priviledges of Parliament And upon the whole matter to conclude a happy and blessed Peace Vnto which Message this Answer of the 27th of December was returned to His Majesty May it please your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects of both Kingdomes have considered of Your Maiesties Message III. of the 13. of December 1644. sent by the Duke of Richmond and the Earle 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 doe in all humblenesse returne this Answer That we doe 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 readinesse to make use of any opportunity for attayning such a blessed and happy Peace in all Your Majesties Dominions We would not stay Your Majesties Messengers till we did resolve upon all thâ—se particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20 â—h of Decemb. 1644. Gray of Wark Speaker of the House of Peeres pro tempore Signed in the name and by warrand of the Commissioners of the Parliament of Scotland LOWDON William Lenthall Speaker of the Commons House Assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killigrew brought this farther Answer to His Majesty May it please Your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects the IV. 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 Majesties Message of the 13th 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 Loyall Subjects assembled in the Parliaments of both Kingdomes And for the present have appoynted Algernon Earle of Northumberland Philip Earle of Pembrook Mountgomery William Earle of Salisbury Bâ—sill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepoint Sir Henry Vane Junior Oliver St Iohn Bulstrode Whitlock Iohn Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster And Iohn Earle of Lowdon Lord Chancellor of Scotland Archibald Marquisse of Argyle Iohn Lord Maitland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundas Sir Iohn Smith M r Hugh Kennedy and M r 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 alwayes some of the Parliaments of both Kingdomes are appointed and authorized to meet at Vâ—bridge on what day Your Majesty shall be pleased to set downe before the last day of this present Ianuary with such Persons as Your Majesty shall appoint under Your Signe Manuall for that purpose And the number of the persons to Treat not to exceed seventeen on either part unlesse the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Maiesty may have the like number if you please There to Treat upon the Matters conteined 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 dayes and for the things mentioned in Your Message to be propounded by Your Maiesty when the Persons sent by Your Maiesty 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 doe 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 repaire to Vxbridge stay there and returne at their pleasure without interruption That mutuall safe Conducts be granted to the said Persons according to the severall Lists of their Names Signed by Order of the Lords and Commons Assembled in the Parliament of England as Westminster Signed in the name and by warrant of the Commissioners of the Kingdome of Scotland LOWDON Gray of Wark Speaker of the House of Peeres 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 Earle 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 returne this His answer V. Together with this inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent a safe Conduct for their Commissioners and their retinue 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 Killigrew I
Lord Culpeper Sir Edward Nicholas Knight one of Our principall Secretaries of State Sir Edward Hide Knight Chancellour and Vnder-Treasurer of Our Exchequor Sir Richard Lane chiefe Baron of Our said Exchequor Sir Thomas Gardiner Sir Orlando Bridgeman M Iohn Ashburnham and M. Ieffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premisses 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 Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Basill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pieirepoynt Esquires Sir Henry Vane the yonger Knight Oliver S. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and Iohn Earle of Lowdon Lord Chancellour of Scotland Archibald Marquesse of Argile Iohn Lord Maytland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundaâ— Sir Iohn Smith M. Hugh Kennedy and M. Robert Barclay for the Estates of the Parliament of Scotland together with M. 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 premisses into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any tenne or more of them in their wisdomes 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 premisses We doe by these presents ratifie and confirme the same Given at Our Court at Oxford the Eight and Twentieth day of Ianuary in the Twentieth yeare of Our Raigne 1644. Their Commission to the English Commissioners Die Martis 28. Ianuary 1644. BEE it Ordained by the Lords and Commons assembled in XI Parliament That Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Bazill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane Junior Oliver St. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne 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 Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. Iohn Ashbornham M. Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Maiesty for a safe and well grounded Peace from His Maiesties humble and Loyall Subiects assemblâ—d in the Parliaments of both Kingdomes together with Dr Steward upon the Propositions concerning Religion only and upon his Maiesties 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 Iohn Browne Cler. Parliamentor Their Commission to the Scots Commissioners AT Edinburgh the saxteint day of Iulij The Èeir of God XII M. Vj c fourtye four Èeires The Estaistes of Parliament presentlie conveined be vertew of the last act of the last Tarliament 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 success Did enter into a solemne league Covenant with the Kingdom ParliameÌ„t of England for Reformationne defence of Religionne the honor happines of the King the peace safety of the thrie Kingdoms of Scotland England Ireland And ane Treattie aggried upon ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaistes of this Kingdome the nynt of Iannuary last being desirous to use all good and lawfull meanes that Treuth and Peace might be established in all His Majesties Dominions with such a blessed Pacificationne betwixt His Maiesty and His Subiectis as might serve most for His Maiesties trew honor and the safety and happines of His people Granted Commissione to Iohn Erle of Lowdounne heigh Chancellor of Scotland Iohne Lord Mai t and than and Èit in England Sir Archibald Iohnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with power to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commmissione and instructiones than giving to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Iohne Lord of Maitland Sir Archibald Iohnestounne and Maister Robert Barclay have evir since attendit in England in the discharge of the foirsaid Commissione Qunhill lately that Sir Archibald Iohnestounne 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 mutuall 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 Commissionars 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 to ye Parliament of England Thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Iohne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Argyle and Iohne Lord Balmerino for the Nobility Sr Archibald Iohnestounne of Wariestonne Sir Charles Erskyne of Cambuuskenneth and Maister George Dundas of Maner for the Barrones Sr Iohne Smyth of Grottâ—ll Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estates of yis Kingdom and to Iohne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estate as Commissionaris from the Estaites of Parliament of this Kinkdome to repaire to the Kinkdome of England sick of them as ar not thair already and with powar to thame or any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the
Sir Orlando Bridgeman Sir Thomas Gardiner Mr Iohn Ashburnham and Mr Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Majesty for a safe and well grounded Peace from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms Together with Doctor Stuard upon the Propositions concerning Religion only And upon His Majesties 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 Io. BROWNE Cler. Parliam The same last of Ianuary their Commissioners delivered to His Majesties Commissioners this paper Ianuary 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that XVIII you are authorized to treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesties Answers Messages and Propositions to them and their returnes to his Majesty Wherein we observe that the Propositions sent to His Maiesty from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster and upon His Maiesties Answers Messages and Propositions to them and their Returnes to His Maiesty that a Treaty is to begin And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Maiesty 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 returnes to His Maiestie We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January WE conceive Our Power being to Treat upon the Propositions XIX brought by the Earle of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdomes there need no mention of the Parliaments of both Kingdomes in that place but that Our power is ample to Treat with your Lordships upon the whole both by expresse words and by other generall words in the Commission which give power to Treat upon those Propositions or any other which generall 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 meane time if your Lordships please We desire * The Papers intended are the Propositions concerned Religion which were not then delivered the papers promised yesterday in the paper delivered by the Earle of Northumberland may be delivered unto Vs that there may be as little losse of time as may be Their Reply 31. Ian. IN answer to your Lordships Paper concerning your Power to XX. 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 supplyed by Tuesday next On Munday the third of February the Kings Commissioners did deliver their Commission renewed as followeth CHARLES R. WHereas certaine Propositions were sent unto us from XXI 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 Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesties 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 XXII 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 prejudiciall to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Ianuary WEE shall deliver our Demands and Answers in Writing XXIII and desire your Lordships to doe the like The King's Commissioners Reply 1. Feb. WEE desire a full Answer of our Paper that nothing XXIV 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 prejudiciall to either Party if the Treaty breake off Their further Answer 1. February ACcording to our former Paper we shall deliver our demands XXV and answers in writing and we desire your Lordships to doe 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 prejudiciall to either Party if the Treaty break off 3. February IN answer to your Lordships Paper formerly delivered we doe XXVI declare that what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty breake off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The KING's Commissioners Paper 31. Ianuary WEE have certaine Information from divers Persons XXVII It was on Thursday being Market day and the first day of the Meeting 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 Majesties Person and derogatâ—ry to His Honour stirring up the people against this Treaty and incensing them against Vs telling them That we come with hearts full of Bloud 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 Majesties 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 himselfe And we that are entrusted by His Commission come with cleare Intentions to serve Him in it according to our Consciences and the best of our Iudgements 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
to doe as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to heare and determine all differences that may occasion the same according to the Treaty and to doe further according as they shall respectively receive instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland And in the intervals of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdoms to resist all Forraigne Invasion and to suppresse any Forces raised within any of the Kingdoms to the disturbance of the publique Pence of the Kingdoms by any authority under the Great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects And that in those cases of joynt Concernâ—ment 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 Kingdomes We desire that the Militia of the City of London may be in the Ordering and government of the Lord Major Aldermen and Commons in Common-Councell assembled or such as they shall from time to time appoynt 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 the command of the Lord Major Aldermen and Commons in Common-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament We desire that the Tower of London may be in the Government of the City of London and the chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent And that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in severall Papers The King's Commissioners Paper 4. February WE conceive the Propositions delivered by your Lordships LXXIV concerning the Militia import very great alterations in the maine foundation of the Frame of Government of this Kingdome taking by expresse words or by necessary consequence the whole military and Civill power out of the Crown without any limitation in time or reparation proposed Therefore we desire to know for what terme you intend the Militia shall be setled in such manner as may be a reasonable and full security which we are ready and desirous to give to preserve the Peace now to be setled and to prevent all disturbances of the publique peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by conference to satisfie your Lordships in any particulars Their Answer 4. Feb. OVr Paper given in to your Lordships concerning the Militia LXXV doth not containe the alterations mentioned in your Lordships Answer but desires that which by the wisdome of the Parliaments of both Kingdomes is judged necessary at this time for the security of His Majesties Kingdomes and preservation of the Peace now to be setled and untill your Lordships shall declare an assent unto the matter therein expressed we conceive it will not be seasonable to give any answer concerning the time And we are ready to conferre with your Lordships upon what shall be offered by you to our Paper concerning the Miâ—itia formerly delivered The King's Commissioners Reply 4. February WE are of opinion that the Propositions in your Lordships LXXVI Paper containe the Alterations mentioned in the paper we lately delivered to your Lordships and take by expresse words or necessary consequence the whole Military and Civill Power out of the Crowne which alterations we are ready to make appeare 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 lesse reasonable The King's Commissioners second Paper 4. February VVE desire to know who the Commissioners shall be in LXXVII 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 knowne affection to Religion and Peace Their Answer 4. February THe Commissioners in whose hands the Forces by Sea and LXXVIII 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. February WEE desire a full answer to our Paper concerning the Persons LXXIX 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 roomes against whom there can be no just exception The King 's Commissioners 3d Paper 4. February VVE desire to know whether your Lordships intend that LXXX 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. Febr. IT appeares by the Propositions concerning the Milisia of the LXXXI City of London that the same is to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament The King's Commissioners Reply 4. February VVE desire an answer to our Paper concerning the Militia LXXXII 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 appoynted by both Houses of Parliament which yet doth not appeare by the Propositions being no answer to the question The King's Commissioners Paper 5. February HAving with great diligence perused your Lordships Paper LXXXIII 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 fatisfaction concerning the matter of the Militia of this Kingdome The King's Commissioners Paper in Answer to the Propositions concerning
the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually exactly observed That we are willing that His Maiesty be desired to take a most solemne strict Oath for the full observation thereof And likewise that all persons of any immediate trust by office or attendance on His Maiesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable penalties as shall be proposed by your Lordships and agreed to by us in which we beleive we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the agreement which shall be made between us may be looked upon and accounted as most pernicious enemies to King and Kingdomes And if it shall be thought necessary to make any additionall settlement of the Militia with a generall reference to the good of the Kingdomes respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect amity with them and shall not desire any change off or to intermeddle in their Lawes or Government or give them cause to apprehend any disturbance or violation of them from this Kingdome so are we obliged with all tendernesse to preserve the Honour Dignity and Constitution of this Realme And therefore as we are yet satisfied we cannot consent that any persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdome or further interpose in the affaires of this Kingdom then is already provided by the Act of Pacification And we offer to your Lordships considerations whether unlesse there could be an union of the Lawes of both Kingdoms such a mixture of power as is now proposed and the influence thereof both upon Martiall and Civill affaires may not prove very inconvenient and prejudiciall to both Kingdoms and give cause of Iealousies to each other to the disturbance of that mutuall Amity so much desired But if this intermingling of power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be setled as after a Peace established shall be agreed by the joynt consent of His Majestie and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesties Letter Their Paper 17. Febr. WE do conceive that we have in our former Papers punctually CXXIX satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships and what your Lordships now offer concerning the Militia of the Kingdome of Scotland that the like course shalt be taken in it as is expressed in your Lordships Paper of the 6th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our answer to that paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdome of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same cause and labouring under the same dangers and therefore necessitated to a mutuall and reciprocall assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it to which we answer that we believed we had given your Lordships such convincing reasons as might have satisfied you and we doubt not but they may if you will recollect your memoryes concerning them and rightly weigh them This being the last day we are to Treat upon this subject it cannot be expected and as we conceive it is altogether needlesse to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive answer to our demands as we have often already pressed your Lordships And where as your Lordships do propound that if we shall further insist upon the uniting of the powers of both Kingdoms it may be done after the Peace establisht we desire your Lordships to consider that it is demanded by us in order to a Peace and a chiefe and most necessary meanes for the attaining and establishment of it And we further observe that your Lordships have given us no answer at all to our 15 Proposition which we do likewise insist upon and defire your answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied CXXX us in what we desired to know concerning the powers of the Commissioners of both Kingdoms the other particulars mentioned by us we had not troubled your Lordships with so many questions to most of which we could receive no other Answers then the referring us to the Propositions themselves upon which we grounded our questions And we concâ—ive that your Lordships Propositions upon the Militia upon which you still insist have in â—ruth appeared upon debate to be most unreasonable in many particulars as that the persons to be entrusted with the Militia should be nominated onely by the two Houses and that His Majesty who is equally to be secured that the Peace should not be broken should name none That the power given to the Commissioners shall be framed and altered as occasion serves by the two Houses onely And that His Majesty who is so much concerned therein shall have no Negative Voyce as to such powers but is absolutely excluded and that the time should be unlimited So that His Majesty for himselfe and his Posterity should for ever part with their peculiar Regall power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never denyed Right of the Crowne to make Warre and Peace And in no time to come His Majesty or His Posterity should have power to assist their Allies with any supplies of Men though Volunteers or ever more to have any Iurisdiction ovâ—r their owne Navy or Fleet at Sea and so consequently must loose all estimation and confidence with Forraigne Princes And many other expressions in the said Propositions doe either signifie what we find
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know Whether if the two Kingdoms shall not agree in their advice touching that Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a Negative voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d Judges there We desire to know whether that power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
or any thing therein contained shall not give unto the persons aforesaid or any of them nor shall they in this assemblâ— assume to exercise any Iurisdiction Power or Authority Ecclesiasticall whatsoever or any other Power then is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Iulii 1643. ORdered by the Lords and Commons in Parliament Assembled VI. That it shall be propounded to the Assembly to Morrow at their meeting to take into their Consideration the Tenne first Articles of the 39 Articles of the Church of Englanâ— to free and Vindicate the Doctrine of them from all Aspersions and false interpretations Iovis 6. Iulii 1643. Some generall 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 appoynted to set downe all proceedings and these to be Divines who are not Members of the Assembly viz. Mr Henry Rowberry and Mr Adoniram By feild 3. Every Member at his first entrance into the Assembly shall make a serious and solemne 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 unlesse the Assembly desire he may goe on 7. No man to be deemed to enter his dissent from the Assembly and his Reasons for it in any poynt 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 Iudgement 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 Solutions if any were given in the Assembly to those Reasons Jovis 6. Iulii 1643. I A. B. doe 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 Disciâ—line 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 poynt 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 prâ—pounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the â—9 Articlâ—s of the Church of England to cleare and vindicate the same from all Aspersions and false interpretations The Articles of the sixt of August 1642. ARTICLES of the Treaty concerning the Reducing of the Kingdome of Ireland to the Obedience of the Kings Majesty and Crowne of England agreed upon between the Commissioners for Scotland authorized by Hiâ— Majesty and the Parliament of that Kingdome and the Commissioners for England authorized by His Majesty and the Parliament of that Kingdome at Westminster the sixt day of August 1642. FIrst The Scottish Commissioners out of the sense of that duty VII which the Kingdome of Scotland owes to His Majesty and the true affection they beare towards the Kingdome of England being willing to contribute their best assistance for the speedy reliefe of those distressed parts in Ireland which lye nearest the Kingdome of Scotland Have in the name of that Kingdome made offer of Ten Thousand Men to be imployed in that Service And for a further Testimony of their Zeale to His Majesties Service and Brotherly respect to the Kingdome of England have declared that the Kingdome of Scotland will upon their owne Charge Levy and Transport these Men. Secondly Because the Kingdome of Scotland are to send over with their Army the number of six thousand Muskets and foure thousand Pikes with such Canon and Ammunition as shall be fitting for the service It is agreed that foure thousand Muskets and two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Lâ—â—th As also that the residue of the said ten thousand Armes and ten thousand Swords and Belts shall be delivered there at the first of August next And that as many Canon and Field-Peeces of the same bore weight and mettle shall be carryed into Scotland upon their demand as they shall Transport into Ireland for thâ— sâ—â—vice of that Kingdome And that the said whole Armes and Ammunition shall remaine in Scotland untill the returne of the Scâ—ttish Army from Ireland At which time the same shall be restored to the Kingdome of England the Kingdome of Scotland receiving satisfaction for such of their Armes 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 Scottish Army in Ireland for the defence of the Province of Vlster sixe Peeces of Demy Canon of the Ball of Foure and twenty pound weigh◠〈◊〉 their Equipage Thiâ—â—â—y It is agreed That there shall be two Ships of Warre presâ—â—tâ—â—â—â—nt by the Kingdome of England to Lochryan Lamalâ—c◠〈◊〉 Patrick or Air to Guard and waft over the Scottish Souldiâ—â—s And that the said Ships shall attend at the Ports in Irâ—â—and for serving the Scottish Army in going and returning betwixt the Coasts and keeping the Passages cleare as they shall receive Orders from the chiefe Commanders of the Scottish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admirall or Commissioners of the Admiralty for the time being to that purpose Fourthly It is agreed That there shall be Levyed and furnished by the Kingdome of England ten Troopes of sufficient and well Armed Horsemen consisting of sixty in a Troop besides the Officers And that there shall be a Commissary Generall a Serjeant-Major and a Quarter-master appointed over them which shall joyne and remaine with the Body
of the Scottish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army And that there shall be presently advanced the summe of twelve Hundred Pounds sterling for the Levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the Generall of the Scottish Army Fifthly It is agreed That the Commanders and Souldiers of the Scottish Army shall have such Pay respectively as the Commanders and Souldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdomes As also that the Officers of that Army shall have such allowance for their Waggons as is contained in the said List Sixtly It is agreed That the Townes and Castle of Carickfergus and Colrayne shall be put into the hands of the Scottish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion And that the Magistrates and Inhabitants thereof shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases And that the said Townes and Castle shall remain in the Scots hands untill the Warre shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Puâ—lique Faith of that Kingdom to redeliver the said Townes and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publique Faith of that Kingdom That Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scottish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so may of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly It is agreed that the Townes of Charickfergus and Colrayne shall by the Kingdom of England be with all expedition provided with Victualls necessary for Souldiers either in Garrisons or expeditions according to a List to be agreed on and Subscribed by the Commissioners of both Kingdoms And that such quantities thereof as the Scottish Army shall have occasion to use shall be sold unto them and bought by them at the severall Prices contained in the aforesaid List And also that the said Townes of Carickfergus and Colrayne shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conforme to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches As also that there shall be Gun-Smiths Carpenters and one or two Engineers appoynted to attend the Army and that hand Mils shall be provided to serve the Companies in Marches Eightly It is agreed that the Kingdom of England shall deposite two Thousand Pounds English money in the hands of any to be appoynted by the Scottish Commissioners to be disbursed upon accompt by warrant of the Generall of their Army upon Fortifications Intelligences and other Incidents so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions without particular and speciall warrant from the Parliament of England As also that there shall be deposited two Thousand and five hundred pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Carriage of the Artillery the Baggage and Victuall of their Army and for Dragooners upon occasion And likewise that the Scottish Army during the time of the Warre shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninth It is agreed that the Inhabitants of the Townes and Villages in the Province of Vlster and in any other Province of Irâ—land where the Scottish Army shall be by it selfe for the time shall receive Orders from the Scottish Commanders And shall bring in Victualls for Money in an orderly way as shall be directed by them with Provision of Oates Hay and Strawe and such other Necessaries And that the Country People shall Rise and Concurre with the Scottish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scottish Army Tenth It is agreed that the said ten thousand men to be sent out of the Kingdom of Scotland shall goe in the way and order of an Army under their own Generall and Subalterne Officers And the Province of Vlster is appointed unto them wherein they shall first prosecute the Warre as in their Judgment they shall think most expedient for the honour of the King and Crowne of England And that the Commanders of the said Army shall have power to give Conditions to Townes Castles and Persons which shall render and submit themselves as shall be most expedient for the service according to the course of Warre Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders â—f the Scottish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the Cheife Governour or Governours of Ireland for the time being that such Townes and Places as shall be recovered from the Rebels by the Scottish Army shall be at the disposing of the Commanders thereof during their aboade for that service in those parts where such Townes and Places are And if it shall be found for the good of the service that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army in that case the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the Cheife Government of that Kingdome for the time by authority derived from the Crowne of England and shall precede all others and that he only shall give Orders to the Officers of his own Army And that the Armies shall have the right lefthand Vand and Reare Charge and Retreat successively and shall not mixe in Quarterings nor Marchings and when it shall be found fit to send Troopes out of either Army that the Persons to be sent out of the Scottish Army shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number which shall not exceed the fourth part of the whole Foote of the Scottish Army nor of the
A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE BEGUN AT VXBRIDGE JANUARY 30. 1644. Printed by His MAjESTIES Command AT OXFORD By Leonard Lichfield Printer to the Vniversity 1645. A TABLE OR INDEX SHEWING breifly the Method and Order of this Narrative and directing to the places where each subjects Matter therein conteyned is to be found 1. ARE set down the Messages and Propositions sent by His Majestie and brought to Him which preceded the Treaty and were inducements to it beginning Page the first and ending page the 20. 2. The Passages in the beginning of the Treaty preparatory therevnto wherein 1. Of the severall Commissions and Passages therevpon beginning pag. 20. ending pag. 29. 2. The Papers Concerning the Manner and Order of the Treaty pag. 29. ending pag. 30. 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty the first day of the Treaty and before it began pag. 30. ending pag 31 3. The Papers Concerning Religion during the whole Treaty Collected together pag. 32. ending pag. 50. 4. The Papers Concerning the Militia during the whole Treaty Collected together pag. 51. ending pag. 94. 5. The Papers Concerning Ireland during the whole Treaty Collected together pag. 93. ending pag 140 6. The Papers Concerning His Majesties Propositions and particularly for a Cessation of Armes and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty are Collected together pag. 140. ending pag. 156. 7. And lastly an Appendix is added wherein are contayned such things as are mentioned in the Narrative or were delivered in writing during the Treaty and were not Printed before or being heretofore Printed are now out of Print or not easily to be had the particulars whereof are as followeth 1. His Majesties Message from Evesham of the 4th of July 1644. pag. 157. 2. His Majesties Message from Tavestock of the 8th of September 1644. pag. 159. 3. The Bill for abolishing of Episcopacy c. pag. 160. 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169 5. The Ordinance for calling the Assembly of Divines pag. 174. 6. The Votes and Orders delivered with it pag. 180. and 181. 7. The Articles of the 6th of August 1642. concerning Ireland pag. 182. 8. The Ordinances of the 9th of March and the 11th of April touching the Forces in Ireland pag. 188. 9. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. 10. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty one concerning the Militia and two concerning Ireland beginning pag. 199. His MAjESTY having received an Account from His Commissioners of their proceedings in the late Treaty atVxbridge to the end that all His people may be fully satisfied of his earnest and constant endeavours to procure the publique Peace whereby to put an end to these present miseries hath commanded this full and plain Narrative of all the passages concerning that Treaty to be made and published AFter His Majesties Message from Evesham of See these Messages in the Appendix no. 1. 2. the 4th of Iuly last desiring and propounding a Treaty for Peace And His second Message from Tavestoke of the 8th of September last renewing that desire At length on the 23 day of November last past the Earle of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following WEE Your Majesties Loyall Subjects assembled in the I. Parliaments of both your Kingdoms from the sence of that duty we owe unto Your Majesty and of the deep sufferings and many miseries under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre after long and serious consultation about the best wayes and means of their preservation and for setling Your Majesties Throne and Your Subjects in Peace and Security have with common consent Resolved upon these Propositions which we doe humbly tender unto Your Majesty The humble desires and Propositions for a safe and well grounded Peace agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms united by solemne League and Covenant to be presented to His Majesty 1. That by Act of Parliament in each Kingdom respectively all Oathes Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late â—onvention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and proceedings or against any for adhering unto them And all Indictments Outlaries and Attainders against any for the said Causes be declared Null suppressed and forbidden And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions and all other places needfull 2. That His Majesty according to the laudable example of His Royall Father of happy memory may be pleased to sweare and signe the late solemne League and Covenant And that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such penalties as by mutuall advice of both Kingdoms shall be agreed upon 3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deanes and Subdeanes Deanes and Chapters Archdeacons Canons and Prebendaries And all Chanters Chancellours Treasurers Subtreasurers Succentors Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrell or Collegiat Church And all other their under officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29. of Novemb. 1643. And joynt Declaration of both Kingdomes 4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament 5. That Reformation of Religion according to the Covenant be setled by Act of Parliament in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and uniformity in matters of Religion that such unity and uniformity in Religion according to the Covenant as after consultation had with the Divines of both Kingdomes now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively 6 That for the more effectuall disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and
Nicholas Sir Edward Walgrove Sir Edward Bishop S â— Robert Owsley Sr Iohn Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborne Samuell Thorneton Esq Sir Iohn Lucas Iohn Blomey Esq Sir Thomas Chedâ—e Sir Nicholas Kemish and Hugh LLoyd Esq And all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have Sworne or Subscribed the Declaration against the Convention and Covenant And all such as have assisted the Rebellion in the North or the invasion in the South of the said Kingdome of Scotland or the late Invasion made there by the Irish and their Adherents And that the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traytors may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Kingdoms beare any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament beare any Office or have any imployment concerning the State or Common wealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of â—arliament all Judges and Officers towards the Law Common or Civill who have deserted the Parliament and adhered to the enemies thereof be made incapable of any place of Iudicature or Office towards the Law Common or Civill And that all Serjeants Councellors and Atturneys Doctors Advocates and Proctors of the Law Common or Civill who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law common or civill either in publique or in private And that they and likewise all Bishops Clergy-men and other Ecclesiasticall persons who have deserted the Parliament and adhered to the enemies thereof shall not be capable of any preferment or imployment either in Church or Common-wealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personall censure notwithstanding any Act or thing done in or concerning this Warre they taking the Covenant 7. The Estates of those persons excepted in the first three preceeding qualifications to pay double Debts and Damages 8. A third part in full value of the Fstates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publique Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations and in case the Estates and proportions aforementioned shall not suffice for the payment of the publique engagements whereunto they are onely to be employed that then a new proportion may be appoynted by the joynt advice of both Kingdomes providing it exceed not the one moyety of the Estates of the persons made incapable as aforesaid and that it exceed not a sixt part of the Estate of the other Delinquents 10. That the persons and Estates of all common Souldiers and others of the Kingdome of England who in Lands or Goods be not worth 200l sterling and the persons and Estates of all common Souldiers and others of the Kingdome of Scotland who in Lands or Goods be not worth 100l sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdome and the persons of Delinquents and the value of their Estates may be knowne and which Act shall appoynt in what manner the confiscations and proportions before mentioned may be levyed and applyed to the discharge of the said engagements 15. That by Act of Parliament the Subjects of the Kingdome of England may be appoynted to be Armed Trained and Disciplined in such manner as both Houses shall thinke fit the like for the Kâ—ngdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 16. That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall thinke fit the like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 17. An Act for the setling of all Forces both by Sea and Land and Commissioners to be nominated by both Houses of Parliament of persons of knowne integrity and such as both Kingdomes may confide in for their faithfulnesse to Religion and peace of the Kingdomes of the House of Peeres and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses which Commissioners shall have power 1. To suppresse any Forces raised without authority of both Houses of Parliament or in the intervalls of Parliaments without consent of the said Commissioners to the disturbance of the publique peace of the Kingdomes and to suppresse any Forraigne Forces that shall invade this Kingdome and that it shall be high Treason in any who shall Leavy any Force without such authority or consent to the disturbance of the publique peace of the Kingdomes any Commission under the Great Seale or warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbance of the publique Peace that may arise by occasion of the late troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdome of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdome of Scotland is onely concerned so for the Kingdome of Scotland 4. That the Commissioners of both Kingdomes may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to doe as followeth 1. To preserve the Peace betwixt the Kingdomes and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to
heare and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the intervalls of Parliaments from the Commissioners for the preservation of the publique Peace 3. To raise and joyne the Forces of both Kingdomes to resist all Forreigne Invasion and to suppresse any Forces raised within any of the Kingdomes to the disturbance of the publique Peace of the Kingdomes by any authority under the great Seale or other warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdome whereof they are Subjects and that in those cases of joynt concernment to both Kingdomes the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdomes 4. To order the Warre of Ireland according to the Ordinance of the 11th of Aprill and to order the Militia and conserve the peace of the Kingdome of Ireland 18. That His Majesty give his assent to what the two Kingdomes shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished 19. That by Act of Parliament all Peeres made since the day that Edward Lord Littleton then Lord Keeper of the Great Seale deserted the Parliament and that the said Great Seale 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 20th day of May 1642. being the day that both Houses declared That the King seduced by evill Counsell intended to raise Warre against the Parliament be declared nul and voyd The like for the Kingdome of Scotland those being excepted whose Patents were passed the Great Seale before the 4th of Iune 1644. 20. That by Act of Parliament the Deputy or chiefe Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the intervalls of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the intervalls 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 Seale or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchee Secretaries of State Judges of both Benches and of the Exchequer of the Kingdomes of England and Ireland be nominated by both Houses of Parliament to continue quà m diu se bene gesserint and in the intervalls 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 Generall and in such manner as the Estates in Parliament there shall thinke fit 21. That by Act of Parliament the Education of Your Majesties Children and the Children of Your Heires and Successors be in the true Protestant Religion and that their Tutors and Governors be of knowne integrity and be chosen by the Parliaments of both Kingdomes or in the intervalls 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 onely as are of the true Protestant Religion if they be Female they may not be married but with the advice and consent of both Parliaments or in the intervalls of Parliament by their Commissioners 22. That your Majesty will give your Royall assent to such wayes and meanes as the Parliaments of both Kingdomes shall think fitting for the uniting of the Protestant Princes and for the entire restitution and Reestablishment of Charles Lodwick Prince Elector Palatine His Heires and Successors to His Electorall 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 bloudshed and mischiefe against both Kingdomes 23. That by Act of Parliament the concluding of Peace or Warre with Forraigne Princes and States be with advice and consent of both Parliaments or in the intervalls of Parliaments by their Commissioners 24. That an Act of Oblivion be passed in the Parliaments of both Kingdomes respectively relative to the Qualifications in the Propositions aforesaid concerning the joynt Declaration of both Kingdomes with the exception of all Murderers Theâ—ves and other Offendors not having relation to the Warre 25. That the Members of both houses of Parliament 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 Kingdome of Scotland 26. That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdomes or such as shall be authorised by them to that effect 27. That an Act be passed for the granting and confirming of the Charters Customes 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-Councell assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be there 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-Councell of the said City to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the Chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell That the Citizens or forces of London shall not be drawn out of the City into any other parts of the Kingdome without their own consent and that the drawing of their Forces into other parts of the Kingdome in these distracted times may not be drawn into example for the future And for prevention of Inconveniencies which may happen by the long intermission of Common-Councels It is desired that there be an Act that all By-Lawes and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Councell assembled touching the calling continuing directing and regulating of the same shall be as effectuall in Law to all intents and purposes as if
have likewise sent your Lordship His Majesties safe Conduct for the persons desired and also a List of the names of those His Majesty hath appoynted 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 Killigrew from the Lords and Commons assembled in the VI. Parliament of England at Westminster and the Commissioners oâ— the Parliament of Scotland concerning a Treaty returns this answer That His Majesty doth very willingly 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 appoynted in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquesse of Hertford the Earle of Southampton the Earle of Kingston the Earle of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas M. Chancellour of the Exchequer the L. Cheife Baron Lane Sr Orlando Bridgman S â— Thomas Gardiner M. John Ashburnham M. Ieffery Palmer together with Dr Steward Clerk of His Majesties Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on wednesday night the 29th of this instant Ianuary the Treaty to begin the next day Which persons or any ten of them shall be sufficiently authorised by His Majestie to Treat and conclude on His Majesties part And to the end that the persons aforesaid and their Retinue may repaire to Vxbridge stay there and returne at their pleasure without interruption or goe or send during their abode there to His Majestie as often as occasion shall require His Majesties 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 Earle of Essex His Majestie sent Propositions to be Treated upon on His Maiesties part which Letter and Propositions follow My Lord I am commanded by His Majestie to send these enclosed Propositions VII Prince Ruperts Letter 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 losse of time as is possible but that the same may be treated on assoone as may be thought convenient after the entry upon the Treaty His MAjESTIES 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 1. THat His Majesties owne Revenue Magazines VIII His Majesties Propositions Townes Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him 2. That whatsoever hath been done or published contrary to the knowne Lawes of the Land or derogatory to His Majesties Legall and knowne Power and Rights be renounced and recalled That no seed may remaine for the like to spring out of for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over His Subjects as imprisoning or putting to death their Persons without Law stopping their Habeas Corpusses 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 4. That as His Majesty hath alwayes professed His readinesse to that purpose so He will most cheerfully consent to any good Acts to be made for the suppression of Popery and for the firmer setling 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 scorne 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 Nationall Synod be legally called with all convenient speed 5. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the Generall Pardon shall be tryed Per Pares according to the usuall course and knowne Law of the Land and that it be left to that either to acquit or condemne them 6. And to the intent this Treaty may not suffer interruption by any intervening Accidents That a Cessation of Armes and free Trade for all His Majesties Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earle of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of Ianuary Sir I Am commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdome of IX Scotland to desire your Highnesse to let His Majesty know That they doe agree that their Committees doe begin the Treaty aâ— Vxbridge on Thursday the 30th 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 Highnesse 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 Westminster 25th Jan. 1644. Your Highnesse humble Servant ESSEX Thursday the 30th of Ianuary all the Commissioners named by His Maiestie and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Vxbridge where their Commissions were mutually delivered in and read and are as followeth His MAjESTIES Commission CHARLES R. WHEREAS after severall Messages sent by us to the X. Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certaine Propositions were sent from them and brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers Messages and Propositions to them and their returns to Vs it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30th of this instant Ianuary as by by the said Propositions Answers Messages and Returnes in writing may more fully appeare We do therefore hereby appoynt assigne and constitute James Duke of Richmond and Lenox William Marquisie of Hâ—rtford Thomas Earle of Southampton Henry Earle of Kingston Francis Earle of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John
have no influence upon the affaires of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland And for the Jurisdiction of the Commissioners and by what Law or rule they shall proceed we have given your Lordships a full and cleare answer thereunto in our 5 * See before no. 111. paper of the 15 of February The King's Commissioners Paper 17. February IN the 12th Proposition your Lordships desire an Act to be CXVI passed for confirmation of the late Treaty for the setling of the Garrison of Berwick of the 29 of Novemb. 1643. which relating to the businesse of the Militia we hold it necessary to see before we can make our full answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concernes the Act for Confirmation of the late CXVII Treaty and for setling the Garrison of Berwick It is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. February VVE desire to know whether by the joynt power mentioned CXVIII in your Lordships Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes and the King and every one of them your Lordships doe intend any other then Military power for suppressing Forces oâ—ely which is expressed after in a distinct clause by it selfe And if your Lordships doe intend any further power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the power of the Commissioners mentioned CXIX in the 17th Proposition is there fully expressed to preserve the Peace betwixt the Kingdomes to prevent the violation of it or any troubles arising in the Kingdoms by breach of the Articles and to heare and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Forreigne Invasion and suppresse intestine Insurrections as is more at large set downe in the Proposition to which we referre your Lordships The King's Commissioners Paper 17. February VVE desire to know whether the Commissioners of CXX both Kingdomes meeting as a joynt Committee The Commissioners of each Kingdome shall have a Negative voyce so as nothing can be done without their joynt consent in matters of joynt concernment And how and by whom it shall be decided what are cases of joynt concernment to both Kingdomes Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both CXXI Kingdomes are to Act joyntly And when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdome are to have a Negative voyce And in doubtfull cases not expressed in the 17th Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the intervalls of Parliament if the cases be such as cannot without prejudice to both or either Kingdome admit of delay we conceive the Commissioners of each Kingdome are to Act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. February WE desire to know whether by the Propositions for setling CXXII the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdomes may confide in your Lordships do intend That the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdome of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plaine by the Proposition it selfe that CXXIII the Commissioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. February WE desire to know whether your Lordships intend by CXXIV Tâ—â— Admiralâ—y is an of fice of Inheritance in Scotland and setled by Act of Parilament your proposition concerning the setling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is already setled by the Lawes of that Kingdom Their Answer thereunto 15. Feb. TO your Lordships fourth Paper of the 14 of Feb. it is answered CXXV that by our Propositions for setling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be setled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already setled by the Lawes of that Kingdom the Estates of Parliament will do that which is agreeable to Iustice The King's Commissioners Paper 15. Febr. VVE desire to know whether the Papers delivered to us CXXVI touching the Militia containe all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the CXXVII Militia of England and Scotland is delivered in to your Lordships except the 23 Proposition and the last Article in the 26 Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further answer to their Propositions concerning the Militia 17. February VVE had no purpose in our * No. 84. answer delivered by us to CXXVIII your Lordships on the 6th day of February to divide our answers concerning the Militia of the two Kingdoms otherwise then in poynt of time and till we might receive satisfaction from your Lordships concerning the powers to be given to the Commissionâ—rs of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further answer to those Propositions concerning the Militia is that we are willing and doe agree That the like course shall be taken and observed touching the Militia of the Kingdome of Scotland as is offered in our said paper of the 6th of February and as shall be hereafter agreed on for the Kingdome of England which we conceive to be a full security for
and after your Lordships Answer to this paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20th of February Their Paper 22. February THe Treaty is betwixt us that are the Commissioners of the CXXXIV Parliaments of both Kingdoms joyntly and not severally And your Lordships the Commissioners from His Majesty And the Commissioners of the Parliament of Scotland did joyne with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries but seeing it containes an alteration limiting the time to seaven years which in the former Propositions agreed to by both Parliaments is indefinite They did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient power to conclude any thing by them agreed unto The King's Commissioners Paper 22. February WE cannot rest satisfied with your Lordships answer to CXXXV our paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships paper and no answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voyce and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland upon the answer to which we must the rather insist because your Lordships last paper gives the reason of the distinct paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of time now offered differs from the Propositions agreed on by both Parliaments in which the time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concernes us to know whether the said Commissioners have a negative voyce in this Treaty For the matter of your Lordships paper concerning the limitation of time for the Militia to seaven years it is not possible by reason of this shortnesse of time for the Treaty it being tenne of the clock this night when your paper was delivered to give your Lordships a full answer it being necessary for us to receive satisfaction from your Lordships in writing or by conference whether by the words And not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the legall power which he now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively for which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we doe propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but againe resumed which we propose as the best expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdome from utter ruine and desolation After this about two of the clock the next morning they gave this paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the paper of the 17th of February n o 129. Their Paper 22. Feb. WEE conceive if your Lordships would weigh our Demands CXXXVI concerning the power of the Commissioners of both Kingdomes you will be satisfied with our Answers to your severall Questions where any doubts were of the expressions we did explaine them and where the Propositions were so cleare as they could beare no doubtfull sense we did referre your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses onely and His Majesty who is to be equally secured should name none we much marvaile at when you may well consider this power was not to be exercised by the Commissioners untill a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Lawes of the Kingdome and by the duties and affections of His Subjects neither could the Commissioners doe any thing in violation of the Peace to the prejudice of His Majesty contrary to the Trust reposed in them they having a rule prescribed which they were not to transgresse and being removeable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being liable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this Warre an Act of Oblivion is desired to be passed whereby all His Majesties Subjects in both Kingdomes 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 unnaturall Divisions must needs have been continued and probably being severally named would have acted dividedly according to severall interests and the Warre thereby might be more easily revived whereas the scope of the Propositions we have tendered was to take away occasions of future differences to prevent the raising of Armes and to settle a firme and durable Peace And to your Lordships objections that the Commissioners were to continue without any limitation of time although the reasonablenesse 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 yeares as is expressed in our Paper delivered to your Lordships the 21th of this instant And for the peculiar Royall Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and Warre we cannot admit thereof or that it is otherwise exercised then 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 Warre but that is referred to the 23d Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principall meanes to maintaine them is to be raised by the free guift of the Subjects out of Tonnage and Poundage and other payments upon Merchandise and the Navy and Fleet being a principall meanes of our
of Ireland and other officers and Iudges there mentioned in the 20th Proposition being no matters of joynt concernments is to be limited to the Commissioners for the Parliament of England wherein the Commissioners of Scotland are to Vote as single persons The King's Commissioners fourth Paper 19. February THe Articles of the Treaty of the sixth of August giving CLVIII power to the Lievtenant of Ireland when the Scottish Army shall be joyned with His Army to give Instructions to the Scottish commander in chiefe and the Orders of the two Houses of the 9th of March 1644. and the 11th of Aprill See all these in the Appendix 1644. appoynting the Generall of the Scottish Forces in Ireland to command in chiefe over all the Forces as well Brittish as Scots and both being desired to be enacted We desire to know whether the Lievtenant of Ireland shall command the Scots Forces or whether the Scottish Generall shall command all Forces both Brittish and Scots Their Answer 19. Feb. IN Answer to your Lordships 4th Paper we say that the Ordinances CLIX. of the 9th of March and 11th of Aprill 1644. were made when there was no Lievtenant of Ireland and when a Lievtenant shall be made with the approbation of both Houses according to our former Demands in the â—7th and 20th Propositions it will be a fitting time to give further Answer to your Lordships The King's Commissioners Reply 20. Feb. VVE desire a full answer from your Lordships to our CLX fourth paper delivered to your Lordships yesterday concerning the Power of the Lord Lievtenant of Ireland and the Generall of Scots Forces your Lordship having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Maiestie by one of which the Generall of the Scotch Forces is to receive instructions for the manageing the War there from the Lievtenant of Ireland and by the other which is the later the Generall of the Scots Forces is to command in cheif both the Brittish and Scots Forces by which it seemes 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 CLXI the War in Ireland is to be setled in both Houses of Parliament and is to be managed by the ioynt 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 Scottish Army ioyn The Commander of the Scottish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the cheif Government of that 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 17th Proposition gives power to the CLXII Commissioners for the Militia of both Kingdoms as a ioynt Committee to order the War of Ireland according to the Ordinance of the 11th April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11th of April the Earle of Leven being appointed Commander in cheif over all the Forces as well Brittish 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 17th Proposition CLXIII are to order the War of Ireland according to the Ordinance of the 11th of April and the Earle of Leven being by that Ordinance Commander in cheif 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 Armes or Peace in Ireland CLXIV 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 Armes CLXV in Ireland be consented unto by His Majestie and for what time and whether any Commission be now on foote or other authority given by His Majestie for that purpose The King's Commissioners Answer to both 20. February CLXVI TO your Lordships * Which were the two next precedent Papers sixt and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Armes in Ireland your Lordships well know that long after the Warre begun in this Kingdom and the want of a supply from hence that a Cessation hath bin 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 Civill Warrs shall continue in thâ— Kingdom we cannot conceive it possible for His Majestie 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 no answer to us whether CLXVII any Commission be now on foot or other authority given by His Majestie for any Peace or Cessation of Armes in Ireland other then that which determines in March next nor to our desire that no Cessation of Armes or Peace in Ireland may be Treated upon or concluded without consent of both Houses of the Parliament of England nor do we understand why your Lordships should delay your answer herein till the Peace in England be concluded since it hath bin so clearly manifested to your Lordships by the true meaning of the Act passed by His Majestie this Parliament that His Majestie can make no Peace nor Cessation without the consent of the two Houses and that your Lordships satisfactory answer to this and our other demands concerning Ireland will much conduce to the setling the Peace of this Kingdom we therefore again desire your Lordships full and clear answer to the particulars expressed in our sixt and seventh papers yesterday delivered to your Lordships The King's Commissioners Answer 20. Febr. WE do not hold our selves any wayes obliged to answer CLXVIII your Lordships demand whether any Commission be on foot or other authority from His Majesty for a Peace or Cessation of Armes in Ireland that question not arising upon any Propositions on His Majesties part yet for your Lordships satisfaction we do again assure you we do not know there is any Peace or Cessation made there other then that which determines in March next But what Commission the Marquesse of Ormond as
preservation of His Maiesties Protestant Subiects there we being very willing to concurre with your Lordships in any iust and honourable way for the good and settlement of that miserable Kingdome And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships cleare Reasons why the CLXXII Cessation which hath been made in Ireland is not in reason or â—ustice to be made voyd and that the making voyd thereof if the same might be done is not or cannot be for the benefit or advantage of His Maiesties Protestant Subiects in that Kingdome so long as the unhappy Warres in this Kingdome continue To the other part of your Lordships first Paper concerning Ireland for the prosecution of the Warre there to be setled in both Houses of the Parliament of England to be managed by the ioynt advice of both Kingdomes and His Maiesty to assist we say That it appeares by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that Warre shall be managed by a joynt Committee of both Kingdomes and that the Committee of each Kingdome shall have a Negative voyce and consequently it is very probable that upon difference of Opinion between them that Warre may stand still or to the utter ruine of His Maiesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such disagreement the Houâ—es of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11th of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that Warre that Ordinance of the 11 of April expresly making the Earle of Leven the Scots Generall Commander in cheife of all Forces in that Kingdom both Brittish and Scottish without any reference unto His Majestie or His Lievtenant of that Kingdome and diâ—ecting that the Warre shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England and therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11th of April as your Lordships propose by reason that thereby all His Majesties authority would be wholly taken away in that Kingdom And in truth that whole Kingdom be thereby delivered into the hands of His Maiesties Subiects of Scotland which we conceive is neither just prudent or honourable to be done And we are of opinion that it is not agreeable to His Majesties honour or the justice and protecttion which He owes to His Subiects of His Kingdom of Ireland to put the nomination of His Lievtenant and Iudges of that Kingdom out of Him selfe and to committ the whole power of that Kingdom to others and to binde Himselfe to passe all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your paper the 9th of this instant you intend by those words His Maiestie to assist in your first paper And we conceive it cannot be expected that His Maiestie should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other reasons we conceive it doth appâ—aâ—e to your Lordships that the Propositions as they are delivered to us by your Lordships are by no meanes fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and releif of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concurr and we shall be very willing that the businesse of that Kingdom shall after a Peace setled in this be taken into consideration and ordered as His Maiestie and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have bin fully satisfied CLXXIII by what we have alleadged against His Majesties power to make the Cessation with the Rebells in Ireland and wâ— cannot find those important reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subiects there have bin preserved or subsisted but we have made it evident that this Cessation tended to the utter destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto and we observe your Lordships urge that this Cessation was the onely meanes for the subsistance of the Protestants there when it cannot be denyed but that very many of the Protestants in Vlster Munster Connaught have yet subsisted although they have refused to submit to the Cessation opposed the same as the meanes intended for their ruine and we do affirme unto your Lordships that the 2 Houses of Parliament have bin so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have bin in so great want and extremity yâ—t the two Houses not discouraged thereby have constantly sent great proportions of all necessary supplyes 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 Clothes Ammunition and other necessaries to the value of seavenscore thousand pounds And they have not desired any other provision from His Majestie 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 â—nabling them in the prosecution of that Warre and we are so far from apprehending any impossibility of reducing that Kingdom dureing 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 cause to beleive that if this Cessation had not bin obteyned by the Rebels and that in the time of their greatest wants that these Forces had not bin withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdome For the pretended necessities offered as grounds of this
had continued thene 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 doe although they went without his Privity but conceive your Lordships will not insist that they should sit with the Privy Councell there and assume to themselves to advise and interpose as Privy Councellors And we againe deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well knowne that some Officers apprehending upon some Specches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation there of upon those Speeches rent the book of Subscription in peeces For the diversion of the moneys raised for that Warre if they had been since repayed the contrary whereof is credibly informed to His Majesty yet that present diversion might be and we beleeve was a great meanes of the future wants of that Kingdome which indueed 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 Lord Iustices and Councell 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 then 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 Vpon what hath been said it appeares That His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation And that the Warre there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnaturall Warre here it is evident to any man that shall consider that this Kingdome labouring in a Warre which imployes all the Force and wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutuall Iealousies that there cannot be that concurrence in joynt advices betwixt the King and the two Houses as will be necessary if that Warre be prosecuted And that His Majesty cannot condescend or your Lordships in reason expect His Maiesty should by his Consent to Acts of Parliament for the managing of that Warre and raising monyes to that purpose put so great a power into their hands who during these Troubles may if they will turne that power against Him And it is apparent that the continuance of the Warre here must inevitably cause the continuance of the miseries there and endanger the rending of that Kingdome from this Crowne The King's Commissioners other Paper 10. February WE do very much wonder that it doth not clearly appeare CLXXVI 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 Royall assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both Brittish and Scottish are put under the absolute Command of the Earle of Leven the Scottish Generall and the managing the War commited wholy 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 two Houses of Parliament here shall upon such difference mannage 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 Earle of Leven must carry on that 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 Maiesties 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 Maiesty should consent to what you propose He would devest Himself of all His Royall Power in that Kingdom and reserve no power or authority in Himselfe over that War which is most necessary for His Kingly office to do for your Lordships expression when there shall be a Leivtenant of Ireland we presume your Lordships cannot but be informed that His Maiesty hath made and we doubt not but you acknowledg He hath power to make the Lord Marquisse of Ormond His Leivtenant of that Kingdome 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 Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms doth more take away the power of the two Houses here then 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 Brittish and Scottish to the Earle of Leven Generall of the Scottish Forces who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms doth not amount to lesse then to deliver the whole Kingdom of Jreland over into the hands of His Maiesties Subiects of the Kingdom of Scotland therefore we must aske your Lordships pardon to believe out selves obliged in prudence honour Conseience very much to insist on that Consideration and very earnestly to recommend the same to your Lordships And we conceive it most conducing to the good of His Majesties Service and of that Kingdom that the Lievtenant and Iudges there be nominated as they have alwayes been by His Majesty who will be sure to imploy none in places of so great Trust but such whose knowne ability and integrity shall make them worthy and if at any time he shall find himself deceived by those he shall choose can best make them examples of His Iustice as they have bin of His Grace Favour and we beseech your Lordships to consider how impossible it is for His Maiestie to receive that measure of duty everence and application which is due to Him and His Royall Progenitors have alwayes enjoyed if it be not in His owne immediate power to reward those whom he shall by experience discern worthy of publick trust imployment We have made no difficulty to your Lordships of His Maiesties consenting to Acts for the raising of moneys and
carefull Election they may by providing for the good of that now miserable Kingdome discharge their duty to God the King and their Country And certainly if it be necessary to reduce that Kingdome and that the Parliament of England be a faithfull Councell to His Majesty and fit to be trusted with the prosecution of that Warre 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 severall Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him for raising monyes and other necessaries for that Warre for if the Warre 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 feare the Parliament will presse more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about His Maiesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the money of the Subiect when His Maiesty had desired it But never yet did His Maiesty restraine 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 Bloud and horror 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 ali Treaties with those bloudy and unnaturall Rebels be made voyd and that the prosecution of the Warre be setled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdomes and the King to assist and to doe no Act to discountenance or molest them therein This we dare affirme to be more then a probable course for the remedying those mischiefs and preserving the remainder of His Maiesties good Subiects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respight from hostility with such Creatures as are not fit to live no more then with Wolves or Tygers or any ravennous Beasts destroyers of mankind And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have imbrued their hands in so much Protestant bloud but consider the Cessation that is made with them is for their advantage and rather a protection than a Cessation of Acts of hostility as if it had been all of their owne contriving Armes 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 Maiesties Protestant Subjects We beseech your Lordships in the bowells of Christian charity and compassion to so many poor Soules 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 Bloud give not your consents to the continuation of this Cessation of Warre in Ireland and lesse to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgement of Warre within this Kingdome which God hath layed upon us for our sinnes be encreased by so great a finne as any Peace or friendship with them whatsoever becomes of us if we must perish yet let us goe 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 Warre be a hindrance to that Warre for we are sure that Peace will be a hindrance to our Peace We desire Warre there as much as we doe Peace here for both we are willing to lay out our Estates our Lives and all that is deare 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 oncline your hearts and casting our selves on him wait his good time for the returne of our Prayers in setling a safe and happy Peace here and giving successe to our Endeavours in the prosecution of the Warre 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 an 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 CLXXIX 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 be satisfied in those particulars which so highly reflect upon His Majesty we desire your Lordships to receive the Answers which we shall prepare to those papers in the evening to Morrow dated as of this night and we doubt not to give your Lordships cleare satisfaction therein This desire was not granted nor any Paper delivered in answer to it but soon after the Treaty broke off During the 20. daies Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occurre concerning His Majesties Propositions and particularly for a * It is the sixt of His Majesties Propositions Cessation and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which doe here follow And first touching His Majesties Propositions the Kings Commissioners delivered in this Paper the second day of the Treaty I. February WE desire to know whether your Lordships have any CLXXX See His Majesties Propositions n o 8. And the Letter from the Earle of Essex n o 9.
joyntly made use of with the Publique Faith of the Kingdom of England for the present taking up of two hundred thousand pounds sterling in the Kingdom of England or else where For the speedy procuring of the said Hundred Thousand pounds sterling as aforesaid As also a considerable summe for the satisfying in good proportion the Arreares of the Scottish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutuall advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or convention of Estates of Scotland shall not sit 9. That the Publique Faith of the Kingdome of Scotland shall be given to their Brethren of England That neither their entrance into nor their continuance in the Kingdome of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty And that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutuall advice and consent of both Kingdomes or by such Committees as for this purpose shall be by them appointed with the same power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdome of Scotland is now willing to ayde and assist their Brethren of England the Kingdome of England doth oblige themselves to ayd and assist the Kingdome of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded That during the time that the Scottish Army shall be imployed as aforesaid for the defence of the Kingdome of England There shall be fitted out as Men of Warre Eight Ships whereof sixe shall be of Burthen betwixt one hundred and Twenty and two hundred Tonne the other between three and foure hundred Tonâ—e whereof two shall be in Lieu of the two Ships appointed by the Irish Treaty All which shall be maintained at the charge of the Kingdome of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earle of Warwick for the time of his being Admirall shall nominate with the approbation of the Committees of both Kingdomes which Commanders shall receive from the said Earle generall Instructions that they doe from time to time observe the directions of the Committees of both Kingdomes The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the setling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false aspertions and interpretations WHereas amongst the infinite blessings of Almighty V. God upon this Nation none is or can be more deare unto us then the purity of our Religion and for that as yet many things remaine in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation then as yet hath been attained and whereas it hath bin declared and resolved by the Lords and Commons assembled in Parliament that the present Church government by Arch-bishops Bishops their Chancellors Commissaries Deanes Deanes and Chapters Arch-deacons and other Ecclesiasticall Officers depending upon the Hierarchy is evill and iustâ—y offensive and burthensome to the Kingdom a great impedimeâ—t to Reformation and growth of Religion and very preiudicialâ— to the State and government of this Kingdom and thâ—â— therefore they are resolved that the same shall be taken away and that such a government shall be setled in the Church aâ— may be most agreeable to Gods holy word and most apt to proâ—ure and preserve the peace of the Church at home and neerer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the doctrine of the Church of England from all false calumnies and aspersions It is thought fit and necessary to call an Assembly of Learned Godly and judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the premises as shall be proposed unto them by both or either of the Houses of Parliament and to give their advice and counsell therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the persons hereafter in this present Ordinance named that is to say Algernon Earle of Northumberland William Earle of Bedford Philip Earle of Pembroke and Montgomery William Earle of Salisbury Henry Earle of Holland Edward Earle of Manchester William Lord Viscount Say and Seale Edward Lord Viscount Conway Philip Lord Wharton Edward Lord Howard of Estr John Selden Esqu Francis Rows Esqu Edmund Prideaux Esqu Sr Henry Vane Knight senior Iohn Glyn Esqu Recorder of London Iohn White Esqu Bouldstrode Whitlocke Esqu Humphrey Salloway Esqu M. Serjcant Wild Oliver Saint-John Esqu His Majesties Sollicitor Sr Benjamen Rudyard Knight Iohn Pym Esq Sir John Clotworthy Knight Iohn Maynard Esqu Sir Henry Vane Knight junior William Pierpoint Esqu William Wheeler Esqu Sir Thomas Barrington Knight Walter Young Esqu Sir John Evelin Knight Herbert Palmer of Ashwell Batchelor in Divinity Oliver Boles of Sutton Batchelor in Divinity Henry Wilkinson of Waddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity D William Twiss of Newbury William Raynor of Egham Mr. Hannibal Gammon of Maugan Mr. Iasper Hickâ— of Lawrick Dr. Joshua Hoyle late of Dublin in Ireland William Bridges of Yarmouth Thomas Wincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Bâ—tchelor in Divinity Iohn Ley of Budworth in Cheshire Thomas Case of London Iohn Pyne of Bereferrers Mr. Whidden of Mooreton Dr. Richard Love of Ekington Dr. William Gouge of Blackfriers London Dr. Ralph Brownerigg Bishop of Exeter Dr. Samuel Ward Master of Sidney Colledge Iohn White of Dorchester Edward Peale of Compton Stephen Marshall of Finchingfild Batchellor in Divinity Obediah Sedgewicke of Cogshall Batchellor in Divinity M. Carter Peter Clerk of Carnaby William Mew of Estington Batchellor in Divinity Richard Capell of Pitchcomb Theophilus Bathurst of Overton Watervile Phil. Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of Watford John Greene of Pencombe Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. Wilson of Otham Antho. Tuckney of Boston Batchellor of Divinity Thomas Coleman of Bliton Charles Herle of Winwicke Richard Herricke of Manchester Richard Cleyton of Showell George Gibbs of Ayleston D. Calibute Downing
Horse appointed to joyne therewith whereunto they shall returne when the service is done And that no Officer of the Scottish Army shall be Commanded by one of his owne quality and if the Commanders of the Troopes so sent out of either Army be of one Quality that they Command the Party by turnes And it is neverthelesse provided That the whole Scottish Army may be called out of the Province of Vlster and the Horses appointed to joyne with them by His Majesties Lievtenant of Ireland or other Cheife Governour or Governours of that Kingdom for the time being if he or they shall thinke fit before the Rebellion be totally suppressed therein Eleventh It is agreed That the Scottish Army shall be entertained by the English for three moneths from the Twentieth of Iune last and so along after untill they be discharged and that they shall have a moneths Pay advanced when they are first Mustered in Ireland and thereafter shall be duly paid from Month to Month And that there shall be one Muster-Master appointed by the English Muster-Master Generall to make strict and frequent Musters of the Scottish Army and that what Companies of Men shall be sent out of Scotland within the compasse of the ten Thousand Men shall be paid upon their Musters in Ireland although they make not up compleat Regiments Twelfth It is agreed That the Scottish Army shall receive their discharge from the King and Parliament of England or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose And that there shall be a Moneths warning before hand of their disbanding which said discharge and Moneths warning shall be made knowne by His Majesty and them to the Councell of Scotland or the Lord Chancellour a Moneth before the discharging thereof And that the Common Souldiers of the Scottish at their dismission shall be allowed fourteen dayes Pay for carrying of them home Thirteenth It is provided and agreed That at any time after the three Moneths now agreed upon for the entertainment of the Scottish Army shall be Expired and that the two Houses of Parliament or such Persons as shall be authorized by them shall give notice to the Councell of Scotland or to the Lord Chancellor there That after one Moneth from such notice given the said two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer then the said two Houses of Parliament shall not be obleiged to pay the said Army any longer then during the said Moneth Any thing in this Treaty contained to the Contrary notwithstanding The Ordinances of the 9th of March and 11th of Aprill Die Sabbati 9. Martii 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat he who doth or shall command in chiefe over the said VIII Army by joynt advice of both Kingdoms shall also command the rest of the Brittish Forces in Ireland And for the further managing of that Warre and prosecuting the ends expressed in the Covenant That the same be done by joynt advice with the Committees of both Kingdomes Die Iovis 11. April 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat the Earle of Leven Lord Generall of the Scots Forces in Ireland being now by the Votes of both Houses agreed to be Commander in Chiefe over all the Forces as well Brittish as Scots according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses be desired with all convenient speed by the advice of the said Committees to appoynt and nominate a Commander in chiefe under his Excellency over the said Forces to reside with them upon the place Resolved c. THat Committees be nominated and appointed by the joynt advice of both Kingdomes of such numbers and Qualities as shall be by them agreed on to be sent with all convenient speed to reside with the said Forces and inabled with all ample Instructions by the joynt advice of both Kingdoms for the Regulating of the said Forces and the better carrying on of that Warre The Letter of the Lords Justices and Councell of Ireland to the Speaker of the House of Commons in England 4. Aril 1643. a Duplicate whereof the originall being sent to Westminster was by them sent to Mr Secretary Nicholas for His Majesty SIR OVr very good Lord the Lord Marquesse of Ormond having IX in his march in his last expedition consulted severall times with the Commanders and Officers of the Army in a Councell of Warre and so finding that subsistence could not be had abroad for the Men and Horses he had with him or for any considerable part of them it was resolved by them that his Lordship with those Forces should returne hither which he did on the sixe and twentieth of March. In his returne from Rosse which in the case our Forces stand he found so difficult to be taken in as although our Ordinance made a breach in their walls it was found necessary to desert the Siege he was encountred by an Army of the Rebels consisting of about sixe thousand Foot and sixe hundred and fifty Horse well Armed and Horsed yet it pleased God so to disappoint their Councells and strength as with those small Forces which the Lord Marquesse had with him being of fighting men about two thousand five hundred Foot and five hundred Horse not well armed and for the most part weakly horsed and those as well Men as Horses much weakned by lying in the fields severall nights in much Cold and Raine and by want of mans-meat and horse-meat the Lord Marquesse obtained a happy and glorious deliverance and Victory against those Rebells wherein were slaine about three hundred of them and many of their Commanders and others of quality and divers taken Prisoners and amongst those Prisoners Colonell Cullen a Native of this City who being a Colonell in France departed from thence and came hither to assist the Rebels and was Lievtenant Generall of their Army in the Province of Leinster and the Rebels Army were totally Routed and defeated and their Baggage and Munition seized on by His Majesties Forces who lodged that night where they had gained the Victory and on our side about Twenty slaine in the fight and divers wounded We have great cause to praise God for magnifying his goodnesse and mercy to his Majesty and this his Kingdome so manifestly and indeed wonderfully in that Victory However the joy due from us upon so happy an occasion is we confesse mingled with very great distraction here in the apprehension of our unhappinesse to be such as although the Rebels are not able to overcome His Majesties Army and devoure his other good Subjects here as they desire yet both his Army and good Subjects are in danger to be devoured by the wants of needfull Supplies forth of England for as we formerly signified thither those Forces were of necessity sent
downe in their Propositions in terminis And in this poynt though they seem to reduce the time which in their Propositions was indefinite to a certainty to which yet the Scottish Commissioners See no. 132. have not absolutely agreed the alteration is more in shew then indeed and rather to the heightning then abateing their demands for whereas they have limited the time to seaven years yet it is with an additionall clause That after those seven years it was to be executed as We and they should agree and not otherwise so that though the Commissioners should have the power but for seaven years yet we should not have it after those seaven years nor at any time unlesse they and we could agree in it so much would they have gained by this seeming compliance in poynt of limitation of this power to a time though not to that time of three years which we proposed But they justify the reasonablenesse of it for whereas our Commissioners in their Paper to which this of theirs is applied as No. 130. an answer tell them that if the time for this power be unlimited we and our posterity shall for ever part with our peculiar Regall power of being able to resist our Enemies or protect our good Subjects and with that undoubted and never denyed right of the Crowne to make Warre and Peace or ever more to have jurisdiction over our own Navy and Fleet at Sea the command thereof being also a part of this great power to be given to these Commissioners They answer plainly they cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in us concerning the Militia and to make Peace and Warre or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell us in plain tearmes what they meane though the Common Law-books and Records of Parliament have mentioned that the sole power of protecting the Subjects belongs to the King and that he alone hath power to make Peace and Warre though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament that the power of Peace and Warre is in the King but if he will have money from His Subjects to maintain the Warres he must have their consents and though the universall consent and common opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been our right for the answer is made to the assertion concerning our right And not admitting it it seems their oathes of Alleageance and Supremacy to defend our Crowne and Dignity and to assistand defend all Iurisdictions Priviledges and authorities belonging to us oblige them not And as they doe not admit this power in right to have been in us alone for the time past so neither will they admit it for the time to come in Vs or Our successors to be able to resist our Enemies or protect our Subjects or to make Peace or Warre but it must be by authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regall Powers and the Scepter and the Sword may in Pictures or Statues but are not indeed to be in the Kings hand alone Vpon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seaven years as the Militia for the Land and after the seaven years to be commanded in such manner as they and we should agree and not otherwise for they say the reasons are the same for them as for the Militia by land It is a principall meanes they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the aflections of Our Subjects that is by the Lords Commons now at Westminster who in their sense represent all the people who by themselves during the Parliament or when they shall please to make any recesses by their Commissioners during the intervalls will free us from the burden of the Militia and of Our Navy and so of protecting Our Subjects and will save Vs the Charge of Our Navy because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our security sutable to all their Actions these three yeares last past They say that for security of those who have been with Vs in the Warre an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some exceptions mentioned in the Propositions We are not willing to mention those exceptions by which not onely most of Our best Subjects who have been with Vs in the Warre according to their duties by expresse or generall termes are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Vs in the Warre are to be forfeited As for securing them by an Act of Oblivion they have lesse cause to desire it then they who propose it as being more secured by the Conscience of doing their duties and the protection of the knowne common Law of the Land if it might take place then any protection under the two Houses or their Commissioners for the Militia yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Vs lies to have made up these breaches and buryed the memory of these unhappy Divisions It was urged by our Commissioners that according to the literall sense of the Propositions in the powers given to the Commissioners for the Militia That Sheriffes and Justices of Peace and other legall Ministers could not raise the Posse Comitatus or Forces to suppresse Riots without being lyable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall leavy any Forces without authority or consent of the Commissioners to the disturbance of the publique Peace it is apparent that the Sheriffes or Iustices of Peace if they raise any Forces to suppresse any tumultuous Assembly which it is possible some of the Commissioners may countenance or
their hands who during these troubles may turne that power against Vs. And lastly that if the distractions continued here the Forces and Wealth of this Kingdome would be so imployed at home that the prosecution of that Warre to the subduing of the Rebels was impossible but probably might be destruction of the remainder of Our good Subjects For the power given to Our Scottish Subjects in that Kingdom Our Commissioners urged that Generall Leven being to Command all the Forces in Ireland and the Committee of Scotland having a Negative voyce upon difference of opinion that Warre must either stand still to the ruine of Our Subjects there or be carryed as the Earle of Leven pleased whose power was not bounded by any refeerence to Vs or Our Lievtenant of Ireland no nor to the Houses of England and though it had bin answered that in cases of disagreement betwixt the Committee the two Houses might prosecute the War observing the Treaty of the sixt of August and the Ordinance of the 11th 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 Earle of Leven and that Committee without mention of the two Houses it was apparent the Earle 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 Scottish 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 sixt of August binds not the Coommittee who are to manage that War and relates to the Scottish Generall as Generall of the Scots only the other of April 1644. being later in time giving him power also as Commander in cheife over the English Forces in Ireland and according to this later 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 Scottish Generall or Committee more then Our Selves whom they intend wholly to exclude yet We cannot but observe even upon these Articles of the Treaty of the sixt of August how little cause there is to expect this Scottish Generall will manage that Warre for the good of this Kingdome who being by those Articles to be answerable to Vs as well as to the two Houses for then though the same designe was on foot yet their outward pretences were somewhat more modest then now they are did without directions from Vs leave his charge in Ireland to bring an Army into England against Vs. Well they say at last they had by the 13th Proposition desited the prosecution of the Warre to be setled in the two Houses and so taking all together that the Earle of Levâ—n cannot manage that Warre according to his owne discretion But we must remember them the Proposition is not barely to settle the prosecution of the Warre in the two Houses but to settle it in the two Houses to be managed by the joynt advice of both Kingdomes and that joynt advice is by a joynt Committee according to the Ordinance of the 11th of April in which Committee they confesse those of Scotland have a Negative Voyce and by the last part of the 17th Proposition the Warre of Ireland is to be ordered according to that Ordinance But they say The Scottish Commander is to receive Orders from the Lievtenant of Ireland if a Lord Lievtenant shall be chosen by the two Houses for a Lievtenant nominated by Vs is not allowed by them to give Orders to the Scottish Generall This indeed though not warranted by their Propositions upon which neverthelesse they insist yet being admitted in this latitude might seem to give some power to the two Houses over the Scotch Generall in the manage of the Warre as giving the Lievtenant such a power and by consequence the two Houses who have power over this Lievtenant But they say not generally that he shall receive Instructions from the Lievtenant but that he shall receive Instructions from the Lievtenant in such manner aâ— they have set downe 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 chiefe of the Scottish Army joyne but how shall it be for the service that he joyne with him when he shall Command no Forces with which he may joyne the Scotch Generall being by the Ordinance of the 11th of April to Command all the Forces whatsoever in Ireland But admit them to have joyned Then the Scotch Generall is to receive Instructions from the Lievtenant 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 Scottish Generall is not bound to obey any Orders but such as shall come mediately or immediately from the Committee of both Kingdomes And whatsoever evasions and disguises are made to cover it from Our Peoples Eyes the Scottish Committee being an equall number and having an equall share in the Counsells and their Generall having the Command of all the Forces It is apparent the whole power over that Kingdome 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 Warre in the two Houses in such manner as is insisted on by them so long as they maintaine a Rebellion against Vs in this Kingdom It is not denied but by their authority diverse 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 aydes because as they alleadge in their Declaration upon that Subject that the subsistance of Ireland depended upon their wellfare here they may still make use of such Power as shall be given them for the manage of that Warre and raising Moneys for that purpose against Vs in England neither if a Peace should be concluded here could we assent that the prosecution of the warre should be setled 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 Warre in Ireland solely when the two Houses were sitting and excluded them though we insist not upon that example we should be wanting to the trust we have received from God and that care of our Subjects which lies upon us and of which We are to give him an account to exclude Our selfe They themselves know great bodies are not so fit to carry on the warre as a few and
therefore they have in a manner given up their power in this unhappy warre at home to their State Committee whose resolutions are rather brought to them for Countenance and execution then for debate and deliberation They tell us the Parliament of England is a faithfull Councell to us and that we have trusted them with the prosecution of that Warre and they faithfully discharged their parts in it We wish though We are willing to be silent in it that yet the ruines and desolations of this Kingdom would not speak to posterity what Councellors those are who have divested Vs of Our Revenue Armes Ships Power and even the security of Our person who have Armed Our Subjects here who have brought in the Scots into this Kingdom to the tearing up the bowels of it who have infamously libelled against Vs and Our Consort who have threatned to depose Vs and impeached Her of Treason and who those are who have denied Peace to this miserable Kingdom unlesse We would consent to their unreasonable destructive Propositions overturning the whole frame of government both in Church and State They say and it is true We trusted them with the Prosecution of that Warre and how faithfully they discharged it We will not again repeat but We never trusted them so as to exclude Our Selves as they now suppose and if we had relyed more on the judgements and advice of Our Privy Councell and lesse on theirs neither that nor this Kingdom had been in the condition they now are It was their interposition and advice which hindred the transportation of the Army of Irish Natives out of that Kingdom into Spaine even to Our disreputation abroad who had agreed with the Spanish Embassadour to send them over and he in confidence of Our performance had disbursed Mony for their transport and had they been transported their stay as it provoked them so it emboldening and strengthening the other Irish we are confident the flames of that Rebellion would never have broken forth at all or at most have been so small as might suddenly have been extinguished It was their advice that staid Our going over thither in person which probably might have stopped the rage of that warre and by the blessing of God would have saved the effusion of much blood which was since shed in that Kingdom It was their unseasonable Declarations at the beginning of the Rebellion before the old English and other Papists had engaged themselves with the Rebels of Vlster of making it a warre of Religion and against that connivence which had been used in that Kingdom ever since the Reformation and tending to make it a Nationall quarrell and to eradicate the whole stock of the Irish which they now pursue by giving no quarter to those few of that Nation in England who never were in that Rebellion but according to their duty assist Vs their Soveraigne which made the Rebellion so generall whereas otherwise the old English as in former times though Papists would have joyned against those Rebels When We had offered in December 1641. That 10000 volunteers should be raised presently in England for the service of Ireland if the House of Commons would declare they would pay them Instead thereof in Ianuary following Propositions were made for the transporting the Scots into Ireland and We were advised by the two Houses to give the Command and keeping of the Town and Castle of Carickfergus to the Scottish who were to be transported thither and paid by this Kingdom to which we returned answer that we did not approve the same as prejudiciall to the Crowne of England and the service intended and implying too great trust for auxiliary Forces yet afterwards because We perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom we did admit of the advice of the Parliament in that particular and since by the Articles of the 6th of August 1642. which though said to be made by Commissioners authorised by Vs and the Parliament of England we never were made acquainted with them till upon this Treaty almost three years after both the Townes and Castles of Carickfergus and Colerane are left with them as Cautionary the consequence whereof was such that though the service of Ireland was little advanced or the poor English Protestants relieved by it and this Kingdom drayned to pay those whose great arrears growing upon that agreement must be paid out of Lands in Ireland where they have so good footing already or of Our good Subjects in England according to their other Propositions By this means the Scottish having an Army there under colour of supplying them Our Armes and Ammunition were sent into Scotland for the supply of another Army to be brought into England and the countenance of that Army in Ireland as it gave encouragement to some of Our Scottish Subjects so it over-awed others and was a means without any the least provocation to those Our ungratefull Subjects of bringing of another Army into this Kingdom where they still remaine to the utter ruine of many of Our good Subjects and the probable destruction of the whole Kingdom And lastly it was upon their advice in February 1641. shortly after those Propositions tendred for transporting the Scots into Ireland that we agree that the Rebels Lands should be shared amongst the Adventurers and the Rebels to have no Pardons though we then expresly declared We did it meerly relying upon their Wisdom without further examining what we in Our particular judgement were perswaded Whether that course might not retard the reducing of that Kingdom by exasperating the Rebels and rendring them desperate of being received into grace if they should returne to their obedience And it is most apparent that those Propositions and the Act drawn upon them wherein also a further Clause not observed by Vs but passed as conceiving that Act had wholly pursued the Propositions was inserted That every Person who should make enter into or take any Compact Bond Covenant Oath Promise or Agreement to introduce or bring into the said Realme of Ireland the Authority of the Sea of Rome in any case whatsoever or to maintaine or defend the same should forfeit his Lands and Goods as in case of Rebellion were great causes not onely of provoking buâ— increasing and encouraging the Rebels who having no pretence before for that horrid Rebellion had now some colour to make it a matter of Religion and so to make their application to Forreigne Princes and to negotiate with them for delivering that Kingdome into their hands We professe Our aversion from their Religion and hatred to their Rebellion but though We think them worse Christians because they are Rebels we think them not worse Rebels because they are Papists A Protestant Rebel in the same degree of Rebellion hath farre more to answer as having more light and it being more expressely against the Religion he professeth whereof it hath heretofore been a maxime though it be now