and the Scots suffering under as great wants and failer of Supplies as the Protestants in other places and in no better posture of their owne defence Notwithstanding in a true sense of their owne duty and Conscience they have opposed and still doe oppose the same neither were the English there neglected as your Lordships have been misinformed by such who labour to destroy both Nations and as a meanes thereto to divide them Besides the goods seized neare Coventry we have mentioned other particulars asserted to be seized not without His Majesties owne knowledge and direction as we are informed and are most unwilling to beleeve Neither doe we understand it to be an excuse for feizing some goods to say that His Majesty did forbeare to seize others in his Power but when His Maiesty shall rightly ponder the horridnesse of that Rebellion we hope those wicked Instruments who contrived and doe support the same will have no power to alter His Maiesties tender sense of the miseries of His Protestant Subiects in that Kingdome nor at all to lessen His Piety and gracious Care for quenching the flames of that unhappy Rebellion We doe againe affirme unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seemes strange that what hath been lately sent should not be looked upon as a support of the Warre against the Rebels by which onely the Protestants were inabled to defend themselves and to infest their Enemies Nor can we imagine any other means as a support of that just Warre being most assured that if this had not been done the Rebels must certainly have prevailed and the remnant of His Majesties good Subjects of that Kingdomr have perished Your Lordships are pleased to remember some monyes by us imployed particularly one hundred Thousand Pounds which was raised for Ireland all which have been resatisfied with advantage And we must as often as you are pleased to repeat it refer your Lordships to our former just and clear Answers concerning the same and the like for the Forces under the Command of the Lord Wharton And we beleeve what your Lordships expresse concerning the Forces brought hither to His Majesty out of Ireland after the Cessation it being one end for which the Cessation was made that those Forces might be imployed against the two Houses of Parliament here And those Scottish Forces which came over were not sent for We know of no Persons who have returned into Ireland since the Cessation except such as were Agents for the procuring thereof and divers principall Rebels who presumed to addresse themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienatâ— the hearts of the Officers of the Army there from the two Houses whereby their service against the Rebels might be interrupted To that particular of the Subscriptions of the Officers and of the Committee sent into Ireland and of the diversions of Monyes alleadged and of the Copies of Letters given us by your Lordships without the names of those who subscribed them We have already given your Lordships a full and clear answer but have not received satisfaction concerning the denyall of the Lord Whartons Commission whereby the service of that Kingdome was much prejudiced It is so farre from being made appeare that His Majesties English Protestant Subiects in Ireland could not subsist without a Cessation that the untrary is undeniable and that His Majesties Protestant Subiects there both English and Scottish who have opposed that Cessation have subsisted and doe still subsist And we are sory to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloudy Rebellion We doe insist upon our former Demands concerning Ireland and doubt not but those being granted notwithstanding our present miserable Distractions here we shall by the blessing of God bring those bloudy Rebels to a speedy and just punishment and settle that unhappy Kingdome in their due Obedience to His Majesty and the Crowne of England Their other Paper 22. Feb. IT is not possible for us to give a more cleare Answer then we CLXXVIII have done to shew that there can no such inconvenience follow upon confirming the Ordinance of the 11th of April by Act of Parliament as your Lordships doe imagine It being desired that the Treaty of the sixt of August be in like manner confirmed By which the Commanders of the Scottish Forces in Ireland are to be answerable to His Majesty and the two Houses of Parliament of England for their whole deportment and proceeding there and it being desired by the 13th Proposition that the prosecutions of the War of Ireland should be setled in both Houses of Parliament all which taken together it cannot follow that upon any disagreement between the Committees there the Earle of Leven may carry on the War according to his own discretion as for our expression when there shall be a Lievtenant in Ireland which was used in answer to your Lordships second paper of the 20 of February it was was to satisfie your Lordships that there could be no interfering between the powers of the Lord Lievtenant and of the Earle of Leven and still we say when there shall be a Lord Lievtenant chosen as is expressed in our 20th Proposition for we do not admit the Marquesse of Ormond to be so the Commander in cheife of the Scottish Army is to receive Instructions from him in such manner as we have laid it down in that answer of ours to your Lordships paper above mentioned which will we hope satisfie your Lordships other obiection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Maiesties Subiects of the Kingdom of Scotland seeing such of that Nation as are there imployed are to be subordinate to the Committee of both Kingdoms and in case of disagreement an appeal lies to the two Houses of the Parliament of England in whom the power of prosecuteing the War is to be setled And we must insist to desire that the Lord Leivtenant and the Iudges in that Kingdome may be nominated by the two Houses of Parliament who have by sad experience to the great cost of this Kingdom expence of so much treasure and bloud the losse of many thousand lives there and almost of that whole Kingdom from His Maiesties obedience and an inestimable preiudice to the true Protestant Religion found the ill consequence of a bad choyce of persons for those great places of trust Therefore for His Maiesties honour the good of His service the great advantage it will be to the rest of His Maiesties Dominions the great comfort to all good Christians and even an acceptable service to God himself for the attaining of so much good and the prevention of so much evill they desire to have the nomination of those great Officers that by a prudent and
he had not absolutely denyed it to his last with more sense of Conscience in that particular then they who examined him expected it is likely whatsoever untruths reflecting upon Vs had bin forced from him had bin as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Iustices and Councell of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners comâ—ared with our originalls and saw the names of all the Councell-subscribers as well as the two Lords Iustices some of which Councellors were of principall estimation with themselves and they might also have had Copies of their names who subscribed if they would have assured Our Commissioners that such of them as should have come into their Quarters should not have been prejudiced by it yet the extremity of Our poor English Subjects inducing that Cessation being so notorious and that attestation thereof undeniable they fall at last to confesse and avoyd them They say That some who were of the Councell when those Letters were written assure them that those Letters were written onely to presse for Supplies without any intention of inducing a Cessation neither doe the Letters conteine any mention of a Cessation It is true those Letters doe not nor was it alleadged they did mention any Cessation but they pressed for Supplies from hence and laid open their necessities to be such that it was apparent to any man as we had also private advices from some of the Councell there and of credit with those at Westminster that if Supplies failed there was no way for the preservation of Our good Subjects there but by a Cessation And these bleeding wants of Our Army and good Subjects there so earnestly calling for Reliefe and this Kingdome being then ingaged in the height of an unnaturall Warre Our Selves unable to supply them and no timely supply nor hopes of it comming from the two Houses what course lesse dishonourable for Vs or more for the good and safety of the poore English there could be taken then to admit of a Treaty for a Cessation which was managed by Our publique Ministers of State there and that Cessation assented unto as best for that Kingdome by the chiefe Officers of the Army and the Lords Iustices and Councell of Ireland before Our Approbation thereof They say That those necessities were made by a designe of the Popish and Prelaticall Party the Prelaticall Party must come in upon all turâ—es though none suffered more by the Irish Rebellion nor were lesse advantaged by the Cessation then those poore Prelates and that at this very time when the Protestants were in such Extremity Provisions sent thither by the Parliament for their reliefe were disposed of and afforded to the Rebels The Letters of the Lords Iustices and Councell tell us That no Provisions at all were sent by the Parliament and if they had not told it yet this being barely affirmed might as easily be denyed unlesse they had instanced in particular what Provisions were sent and how and when and by whom or to whom they were disposed But they say That at the same time the Officers of the Army and Garrisons pressing for leave to march into the Enemies Country to live upon them and save their owne stores some could not obteine leave to goe and those who were drawne forth had great quantities of Provisions out with them yet were not permitted to goe into the Enemies Country but kept neare Dublin till their Provisions were spent and then Commanded back againe They might remember at that time wherein they suppose this miscarriage the chiefe manage of those Affaires was in the hands of such Ministers of State whom they did and doe still relye upon but sure those Ministers are not to be blamed if they durst not suffer the Souldier to march farre or stay long in the Enemies Country when there was but forty Barrells of Powder in all the Store or if they called them back in such case when the Enemy approached Let such as these or what other pretences and excuses soever be made for not relieving Ireland we are sure the chiefe Impediment to it was their active promoting this Rebellion in England And therefore as they made use of the Supplies both of Men and Money provided for that Kingdome against Vs at Edge-hill so from the time of that Battaile some Supplies sent before which else perhaps had been also countermanded arriving in Ireland about the time or shortly after that Battaile they were so carefull of recruiting and supplying their Armies here that though they received much Monyes for Ireland and had at their disposall great store of Our Ammunition neither the one nor the other was ever after afforded to the English Army and Forces or to the Protestants about Dublin though the Cessation was not made till September following As for those Protestants in Munster Connaught and Vlster who they say opposed the Cessation and did and doe still subsist they were most of them of Our Scottish Subjects the rest excepting some few wrought upon by private interest or particular solicitation were such who being under their power were forced for their reliefe to concurre with them against it These indeed as they did not suffer under so great wants as the English at the time of the Cessation as is well knowne though it seem to be denied more speciall Provisions being made for them and for their Garrisons then for the English as doth in great part appeare even by the Articles of their Treaty of the sixth of August so they have since subsisted by Supplies sent from the two Houses whereof none were suffered to partake but such as take their new Covenant and doubly break the bonds of their obedience and duty both by taking that dangerous ensnaring Oath prohibited by God and their King and opposing Our Ministers of State there without whose Authority a Cessation being concluded during that Cessation they ought not to have continued a Warre in that Kingdome We easily believe the Provisions they mention are or may be sent for supply of those Forces as being a meanes to keep up a Party against Vs there and to have a Reserve of an Army ready upon any accidents of Warre to be drawne hither against Vs and being also necessary for the satisfaction of Our Scottish Subjects whom they must please who would not be so forward in their service without some good assurance such as is the having an Army of theirs kept on foot in Ireland at the charge of this Kingdome and two of our strongest Townes and Castles there delivered to them Cautionary Towns as we may beleeve Berwick also is being denyed the sight of that Treaty and by the Command of all the English Forces there by the
deluding the Lawes and for the better discovering and speedy conviction of Recusants an Oath be Established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act to be sufficient conviction in Law of Recusancie 7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion 8. An Act for the true leavying of the penalties against them which penalties to be leavyed and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no losse 9. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Lawes against them duely executed and a stricter course taken to prevent the saying or hearing of Masse in the Court or any other part of this Kingdome 10. The like for the Kingdome of Scotland concerning the foure last preceeding Propositions in such manner as the Estates of Parliament there shall thinke fit 11. That the King doe give His Royall Assent To an Act for the due observation af the Lords day And to the Bill for the suppression of Innovations in Churches and Chappell 's in and about the Worship of God And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Vniversities of the Colledges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes This Act to be perpetuall And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for reliefe of sick and maymed Souldiers and of poor Widdowes and children of Souldiers And to such Act or Acts for raising of Moneyâ— for the payment and satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maynes and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le Maine And for the taking away of all tenures by homage and all Fines Licenses Seisures and Pardons for alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common soccagâ— And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of Iune 1643. and severall times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall thinke convenient 12. That an Act be passed in the Parliament of both Kingdomes respectively for confirmation of the Treaties passed betwixt the two Kingdoms viz. the large Treaties the late Treaty for the comming of the Scots Army into England and the setling of the Garrison of Berwick of the 29 of November 1643. And the Treaty concerning Ireland of the 6th of August 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties 13. That an Act of Parliament be passed to make voyd the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the Warre of Ireland in both Houses of Parliament to be mannaged by the joynt advice of both Kingdomes And the King to assist and to doe no Act to discountenance or molest them therein 14. That an Act be passed in the Parliament of both Kingdomes respectively for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England and 1644 in Scotland with the qualifications ensuing 1. That the Persons who shall expect no Pardon be onely these following RUPERT and MAURICE Count Palatines of the Rhene Iames Earle of Derby Iohn Earle of Bristoll William Earle of Newcastle Francie Lord Cottington Iohn Lord Pawlet George Lord Digby Edward Lord Littleton William â—aud Arch-bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derty Sir Iohn Byron Knight William Widdrington Colonell George Goring Henry â—ermin Esq Sir Ralph Hopton Sir Francis Doddington M Endymion Porter Sir George Ratcliffe Sir Marmacuke Langdale Sir Iohn Hotham Captain Iohn Hotham his sonne Sir Henry Vaughan Sir Francis Wirdebanke Sir Richard Greenvile M r Edward Hyde Sir Iohn Marley Sir Nicholas Cole Sir Thomas Riddell Iunior Colonell Ware Sir Iohn Strangwayes Sir Iohn Culpepper Sir Richard Floyd Iohn Bodvile Esq M. David Ienkins Sir George Strode Sir Alexander Carew Marquisse of Huntley Earle of Montrosse Earle of Niddisdaill Earle of Traquayre Earle of Carnewath Viscount of Aubayne Lord Ogleby Lord Rae Lord Harris Lodwick Lindsey some time Earle of â—rawford Patrick Ruthen sometime Earle of Forth Iames King sometimes Lord Ethyn â—â—uing younger of Drunim Gordon younger of Gight Lesley of Auchintoâ—le Sir Robert Spotswood of Dumipace Colonell Iohn Cockram Mr Iohn Maxwell sometime pretended Bishop of Rosse M. Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Armes or Voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphrey Bennet Esquire Sir Edward Ford Sir Iohn Penruddock Sir George Vaughan Sir Iohn Weld Sir Robert Lee Sir Iohn Pate Iohn Ackland Edmund Windham Esquires Sir Iohn Fitzherbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russell of Worcestershire Thomas Lee of Adlington Esq Sir Iohn Girlington Sir Paul Neale Sir William Thorald Sir Edward Huffey Sir Tho. Lyddell Senior Sir Philip Musgrave Sir Iohn Digby of Nottingh Sir Hen Fletcher Sir Richard Minshall Laurence Halsteed Iohn Denham Esquires Sir Edmond Fortescue Peter St Hill Esq Sir Thomas Tildesley Sir Hen Griffith Michaell Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward
Nicholas Sir Edward Walgrove Sir Edward Bishop S â— Robert Owsley Sr Iohn Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborne Samuell Thorneton Esq Sir Iohn Lucas Iohn Blomey Esq Sir Thomas Chedâ—e Sir Nicholas Kemish and Hugh LLoyd Esq And all such of the Scottish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have Sworne or Subscribed the Declaration against the Convention and Covenant And all such as have assisted the Rebellion in the North or the invasion in the South of the said Kingdome of Scotland or the late Invasion made there by the Irish and their Adherents And that the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traytors may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Kingdoms beare any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644may be removed from His Majesties Councells and be restrained from comming within the Verge of the Court and that they may not without the advice and consent of both Houses of Parliament beare any Office or have any imployment concerning the State or Common wealth And in case any of them shall offend therein to be guilty of High-Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of â—arliament all Judges and Officers towards the Law Common or Civill who have deserted the Parliament and adhered to the enemies thereof be made incapable of any place of Iudicature or Office towards the Law Common or Civill And that all Serjeants Councellors and Atturneys Doctors Advocates and Proctors of the Law Common or Civill who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law common or civill either in publique or in private And that they and likewise all Bishops Clergy-men and other Ecclesiasticall persons who have deserted the Parliament and adhered to the enemies thereof shall not be capable of any preferment or imployment either in Church or Common-wealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personall censure notwithstanding any Act or thing done in or concerning this Warre they taking the Covenant 7. The Estates of those persons excepted in the first three preceeding qualifications to pay double Debts and Damages 8. A third part in full value of the Fstates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publique Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations and in case the Estates and proportions aforementioned shall not suffice for the payment of the publique engagements whereunto they are onely to be employed that then a new proportion may be appoynted by the joynt advice of both Kingdomes providing it exceed not the one moyety of the Estates of the persons made incapable as aforesaid and that it exceed not a sixt part of the Estate of the other Delinquents 10. That the persons and Estates of all common Souldiers and others of the Kingdome of England who in Lands or Goods be not worth 200l sterling and the persons and Estates of all common Souldiers and others of the Kingdome of Scotland who in Lands or Goods be not worth 100l sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdome and the persons of Delinquents and the value of their Estates may be knowne and which Act shall appoynt in what manner the confiscations and proportions before mentioned may be levyed and applyed to the discharge of the said engagements 15. That by Act of Parliament the Subjects of the Kingdome of England may be appoynted to be Armed Trained and Disciplined in such manner as both Houses shall thinke fit the like for the Kâ—ngdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 16. That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall thinke fit the like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall thinke fit 17. An Act for the setling of all Forces both by Sea and Land and Commissioners to be nominated by both Houses of Parliament of persons of knowne integrity and such as both Kingdomes may confide in for their faithfulnesse to Religion and peace of the Kingdomes of the House of Peeres and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses which Commissioners shall have power 1. To suppresse any Forces raised without authority of both Houses of Parliament or in the intervalls of Parliaments without consent of the said Commissioners to the disturbance of the publique peace of the Kingdomes and to suppresse any Forraigne Forces that shall invade this Kingdome and that it shall be high Treason in any who shall Leavy any Force without such authority or consent to the disturbance of the publique peace of the Kingdomes any Commission under the Great Seale or warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbance of the publique Peace that may arise by occasion of the late troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdome of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdome of Scotland is onely concerned so for the Kingdome of Scotland 4. That the Commissioners of both Kingdomes may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to doe as followeth 1. To preserve the Peace betwixt the Kingdomes and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to
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
security the reasons are the same for them as for the Militia by Land And for what your Lordships alleadge concerning Sheriffes and Justices of Peace and other legall Ministers not to raise the Posse Comitatus or Forces to suppresse Riots without being liable to the interpretation of the Commissioners we say this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace Nor can their power of hearing and determining Civill Actions and differences be extended further then preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27th Proposition And whereas we seek the Militia to be setled in the 15th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Vnion your Lordships deferre them untill the Peace shall be established which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships doe take into serious consideration the great Calamities and how occasioned to say no more you cannot thinke but that we ought to be most carefull of preventing the like for the future And seeing all we desire for these so important ends is limited to a few yeares we ought to insist upon such a remedy as may be a fitting cure and in so doing we hope we shall be justified before God and Man Wherefore we againe most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdomes the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and cleare Answer to our Demands concerning the Militia This last Paper was delivered about two of the clock when the Treaty was at that instant breaking up and at the same time the King's Commissioners had upon the like occasion of two Papers of theirs given in a little before concerning Ireland hereafter mentioned delivered in a Paper No. 179. that they might give answer thereto the next day dated as of that day as had been formerly used which was not granted so that in Answer to this Paper so earnesty requiring an Answer in the Close thereof It was impossible to give in any Paper at the present neither would any be received but at present The Papers touching Ireland After the first six dayes of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were â—ext Treated upon the three dayes followiâ—g beginning the 7th of February and the same was also taken up againe the 18th of February for other three dayes Their Propositionâ— touching Ireland 7. February WE desire that an Act of Parliament be passed to make CXXXVI void the Cessation of Ireland and all Treaties with the Rebells without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Maiestie to assist and to doe no act to discountenance or molest them therein The King's Commissioners Paper 7. February WE desire to know whether the Paper we have received CXXXVII from your Lordships containe in it all the demands your Lordships are required by your Instructions to insist upon concerning Ireland which if it doth we are ready to enter upon that debate but if it do not we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together being confident that upon a whole view of the busines we shall give you full satisfaction in that Argument Their Paper 7. Feb. WE are to insist upon other things concerning Ireland which CXXXVIII being part of other Propositions we conceive not so proper to give your Lordships till we have received your answer to our paper formerly delivered and are ready by present conference to satisfie any doubts that remain with your Lordships concerning that paper Notwithstanding they delivered in these further papers and Propositions following Their Paper 7. Feb. VVE desire that an Act be passed in the Parliament of both CXXXIX Kingdoms respectively to confirme the Treaty concerning Ireland of the 6th of August 1642. which Treaty we herewith deliver and that all Persons who have had any hand in plotting designing or assisting the Rebellion of Ireland may expect no pardon and their estates to pay publike debts and damages And that the Commissioners to be nominated as is appointed in the 17 Proposition may order the War of Ireland according to the Ordinance of the 11th of April 1644. which we herewith deliver and to order the Militia and to conserve the Peace of the Kingdom of Ireland And that by Act of Parliament the Deputy or cheife Governour or other Governours of Ireland be nominated by both Houses of the Parliament of England or in the intervalls of Parliament by the said Commissioners to continue during the pleasure of the said Houses or in the intervalls of Parliament during the pleasure of the said Commissioners to be approved or disallowed by both Houses at their next Sitting And that the Iudges of both Benches and of the Exchequer in Ireland be nominated by both Houses of Parliament to continue Quà m diu bene se gesserint and in the intervalls of Parliament by the aforesaid Commissioners to be approved or disallowed by both Houses at their next sitting Together with these last Propositions they delivered the Treaty of the sixt of August 1644 and the Ordinance of the 11th of April therein mentioned together with another of the 9th of March which see in the Appendix n o 7. and 8. The King's Commissioners Paper 9. February VVE desire to know what your Lordships intend or expect CXL by those words in your * No. 136. first paper concerning Ireland and His Maiesty to assist since you propose to have the prosecution of the War of Ireland to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms Their Answer 9. Feb. BY the words in our paper concerning Ireland and His Majesty CXLI to assist we conceive is to be understood the giving of His Royall assent to such Acts of Parliament as shall be presented unto Him by both Houses for raising of monyes from the Subiect and for other things necessary to the prosecution of the War in Ireland and to be further ayding by His Power and countenance in whatsoever shall be requisite for the better carrying on of that War The King's Commissioners Paper 10. Febr. VVE conceive that His Majestie had and hath power to CXLII make a Cessation in Ireland and having upon just grounds and for the good and safety of His Protestant Subjects there and for the preservation of
unable to break the agreement which should be now made by him and on his part so it is most necessary that all apprehension and danger of such breach being over that soveraign power of the Militia should revert into the proper channell and be as it hath alwaies been in His Majesties proper and peculiar charge And therefore we have proposed that the time limited for that trust should be for three years which by the blessing of God will product a perfect understanding between His Majesty and all His people and if there should be any thing else necessary to be done in this argument either for power or time that the same be considered after the settlement of Peace in Parliament but whatever is now or hereafter shall be thought necessary to be done we desire may by so setled that this Kingdom may depend upon it selfe and not be subject to the Lawes or advice of Scotland as we think sit that Scotland should not receive rules or advice from this having offered the like for Scotland as for England In the businesse of Ireland your Lordships propose not only that His Maiesty diselaime and make voyd the Cessation made by His Royall Authority and at the desires of the Lords Iustices and Councell of that Kingdom and for the preservation of the remainder of His poore Protestant Subiects there who were in evident danger of destruction both by Famine and the Sword but also to put the whole managery of that Warre and disposall of the Forces within that Kingdom and consequently the Government of that Kingdom into the hands of the Scots Generall to be managed by the advice of a joynt Committee of both Kingdoms wherein each should have a Negative Voyce In Answer to which we have acquainted your Lordships with the just grounds of His Majesties proceedings in the businesse of Ireland which we are confident being weighed without preiudice may satisfy all men of His Maiesties Piety and Iustice therein And we are very ready and desirous to joyne with your Lordships in any course which may probably preserve and restore that miserable Kingdom Having put your Lordships in mind of these particulars as they have a generall reference to the publique good of the Kingdomes we beseech your Lordships to consider that we have this great Trust reposed in us by His Maiesty and to remember how farre these Propositions trench upon His peculiar Kingly Rights without any or any considerable recompence or compensation In the businesse of Religion your Lordships propose the taking away the His whole Ecclesiasticall Iurisdiction His Donations and Temporalties of Bishopricks His first Fruits and Tenths of Bishops Deanes and Chapters instead whereof your Lordships do not offer to constitute the least dependance of the Clergy upon His Maiesty and for that so considerable a part of His Revenue you propose only the Bishops Lands to be setled on His Maiesty reserving a power to dispose even those Lands as you shall think fit whereas all the Lands both of Bishops Deanes and Chapters if those Corporations must be dissolved doe undoubtedly belong to His Majesty in His own Right In the businesse of the Militia as it is proposed His Majesty is so totally divested of the Regall Power of the Sword that He shall be no more able either to assist any of His Allies with ayd though men were willing to engage themselves voluntarily in that service or to defend His own Dominions from Rebellion or invasion and consequently the whole power of Peace and Warre the acknowledged and undoubted Right of the Crowne is taken from Him In the businesse of Ireland the power of nominating His Lievtenant or Deputy and other Officers there of managing directing or in the least manner of medling in that Warre or of making a Peace is proposed to be taken from Him and to adde to all these attempts upon His Kingly Rights it is proposed to bereave Him of the Power of a Father in the Education and Marriage of His own Children and of a Master in the rewarding His own Servants And therefore we referre it to your Lordships whether it be possible for us with a good Conscience and discharge of the Trust reposed in us to Consent to the Propositions made to us by your Lordships Lastly we must observe to your Lordships That after a Warre of neare foure years for which the Defence of the Protestant Religion the Liberty and Property of the Subject and the Priviledges of Parliament were made the cause and grounds in a Treaty of Twenty daies nor indeed in the whole Propositions upon which the Treaty should be there hath been nothing offered to be Treated concerning the breach of any Law or of the Liberty or Property of the Subject or Priviledge of Parliament but only Propositions for the altering a Governmenment Established by Law and for the making new Lawes by which almost all the old are or may be cancelled and there hath been nothing insisted on of our part which was not Law or denied by us that you have demanded as due by Law All these things being considered and being much afflicted that our great hope and expectation of a Peace is for the present frustrated by your Lordships * See their last Paper Declaration that no more time will be allowed for this Treaty we are earnest Suitors to your Lordships that you will interpose with the two Houses to whom we beleeve you have transmitted the Answers delivered by us to your Lordships upon Religion the Militia and Ireland That this Treaty though for the present discontinued may be revived and the whole matter of their Propositions and those sent to them by His Majesty which have not yet been Treated on may be considered and that depending that Treaty to the end we may not Treat in Bloud there may be a Cessation of Armes and that the poor People of this Kingdome now exposed to Plundrings and Spoyles and other direfull effects of Warre may have some earnest of a blessed Peace And because this Treaty is now expiring if your Lordships cannot give a present Resolution we desire when you have represented this to the two Houses His Majesty may speedily receive their Answer Their Answer 22. Febr. WE conceive your Lordships cannot in reason expect an answer CXCVII to the long paper delivered to us very late this night at the close of the Treaty a thing of many dayes labour which we apprehend to be rather a declaration upon the Treaty then any part thereof and we could not imagine would be offered but we cannot forbeare upon the reading thereof to mention thus much That it seemes by many particulars in that Declaration it was resolved the Treaty should end with the 20 dayes the meanes to continue it being well known to be a good progresse in the Propositions for Religion the Militia and Ireland and by what we havâ— received we cannot find any satisfaction in these was intended to be agreed unto To that whereby
and pay unto all and every Arch-Bishop Bishop Deane Sub-deane Arch-Deacon Chanter Chancellour Treasurer Sub-Treasurer Succentor Sacrist â—rebendary Cannon Cannon Residentiary Pettie Cannon Vicars Chorall Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedrall or collegiate Churches such yearely Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament Assembled shall be ordered dirâ—cted and appointed And shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcell thereof and of the Revenues Rents Issues and profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the suâ—port of such a number of preaching Ministers for the service of every Caâ—heâ—rall and collegiate Church and His Majesties free Chappell of Windsor as by the Lords and Commons shall be ordered and appointed And likâ—wise for the maintenance of preaching Ministers throughout the Kingdom of Eâ—gland Dommion of Wales and Town of Barwâ—â—k in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedrall and collegiate Churches in such manner and forme and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further enacted by the Authority aforesaid that all Leases Guifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes of any the Mannors Lands Tenements or Hereditaments within or by this Act shall come or be limited or disposed of unto the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peeter Malbourne Esquire other then for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearely Rent or more shall be reserved and payable yearely during the said Terme whereof any former Lease is in being and not to be Expired surrendred or ended within three yeares after the making of such Lease shall be utterly voyd and of none effect to all Intents Constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided neverthelesse where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir Williâ—m Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohâ— Packer Esqu Peter Malbourne Esqu that in such case it shall be lawfull for the said Sir William Roberts Knigâ—t Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Esqu Peter Malbâ—urne Esqu the Survivors and Survivor of them or the greater part of them his and their Heires to make any Lease or state for the Terme of one and Twenty yeares or three Lives or some other Terme of yeares determinable upon one two or three Lives and not above taking such Fine as they in their Judgements shall conceive indifferent and reserving a reasonable Rent not being under the third part of the clear yearely value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmors and Tenants of all and every the said Persons and Corporations whosâ— Offices or places are taken away by this Statute now having holding or enjoying any Estate Terme or Interest in possession by himselfe his under Tenants or Assignes of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renuing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmors or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heires or Assignes shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid that all and singular Revenues Rents Issues Fees Profits Summes of Money and allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammer Schoole or Schollars or for or towards the Reparation of any Church Chappell High-way Causey Bridge Schoole-house Almes-house or other charitable use payable by any the Corporations or Persons whose Offices or places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses to the end the same may be distributed applied imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it ordained and enacted that the Lord Keeper of the Great Seale of England for the time being shall by vertue of this Act have full Power and Authority and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales to be directed unto such and so many Persons as bâ— the Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring thâ—m or any five or more of them and giving them full Power and â—uthority by the Oathes of good and lawfull men as by all other good and lawfull wayes and meanes to inquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadowes Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions
abroad to try what might be done for susteining them in the Country so as to keep them alive untill Supplies should get to us But that designe now failing those our hopes are converted into astonishment to behold the unspeakable miseries of the Officers Souldiers for want of all things and all those wants made the more unsupportable in the want of Food whilest this City being all the help we have is now too apparently found to be unable to help us as it hath hitherto done and divers Commanders and Officers in the Army doe now so faire expresse their sense of their sufferings which indeed are very great and grievous as they declare that they have little hope to be supplyed by the Parliament and presse with so great importunity to be permitted to depart the Kingdome as it will be extream difficult to keep them here By our Letters of the three and twentieth of March we signified thither the unsupportable burthen laid on this City for Victualling those of the Army left here when the Lord Marquesse with the Forces he took with him marched hence which burden is found every day more heavy then other in regard of the many house-keepers thereby dayly breaking up house and scattering their Families leaving still fewer to bear the burden We also by those Letters and by our Letters of the five and twentieth of February advertised thither the high danger this Kingdom would incurre if the Army so sent abroad should by any distresse or through want be forced back hither againe before our reliefe of Victualls should arrive forth of England When we found that those men were returning back hither although we were and are still full of distraction considering the dismall consequences threatned thereby in respect of our wants yet we consulted what we could yet imagine fâ—sible that we had not formerly done to gaine some Food for those men and found that to send them or others abroad into the Country we cannot in regard we are not able to advance Money for procuring the many requisites incident to such an expedition In the end therefore we were enforced to fixe on our former way and so to see who had any thing yet left him untaken from him to help us and although there are but few such and some of them poor Merchants whom we have now by the Law of necessity utterly undone and disabled from being hereafter helpfull to us in bringing us in Victualls or other needfull Commodities yet were we forced to wrest their Commodities from them and certainly there are few here of our selves or others that have not felt their parts in the enforced rigour of our proceedings towards preserving the Army so as what with such hard dealing no lesse greivous to us to do then it is heavy to others to suffer and by our discending against our hearts farre below the honour and dignity of that power we represent here under his Royall Majestie we have with unspeakable difficulty prevailed so as to be able to find Bread for the Souldiers for the space of one month We are now expelling hence all strangers and must instantly send away for England thousands of poore dispoyled English whose very eating is now unsupportable to this place And now againe and finally we earnestly desire for our confusions will not now admit the writing of many more Letters if any that His Majesty and the English Nation may not suffer so great if not irrecoverable prejudice and dishonour as must unavoydably be the consequence of our not being relieved suddenly but that yet although it be even now at the point to be too late supplies of Victualls and Munition in present be hastened hither to keep life untill the rest may follow there being no victuall in the store nor will there be a hundred barrells of powder left in the store when the out Garrisons as they must be instantly are supplyed and that remainder according to the usuall necessary expense besides extraordinary accidents will not last above a month and the residue of our provisions must also come speedily after or otherwise England cannot hope to secure Ireland or secure themselves against Ireland but in the losse of it must look for such enemies from hence as will perpetually disturbe the Peace of His Majesty his Kingdom of England and annoy them by Sea and Land as we often formerly represented thither which mischeifes may yet be prevented if we be yet forthwith enabled from thence with meanes to overcome this Rebellion We hope that a course is taken there for hastening hither the provisions of Armes and Munition mentioned in the docquet sent with our Letters of the twentieth of Ianuary and the six hundred horses which we then moved might be sent hither for recruites and that the seven thousand eight hundred fourscore and thirteen pounds three shillings for Armes to be provided in Holland besides those we expect in London hath bin paid to Anthony Tierens in London or to Daniell Wibrants in Amsterdam and if that Summe had been paid as we at first desired we might well have had those provisions arrived here by the tenth of March as we agreed however we now desire that that Money if it be not already payd may be yet paid to M. Tierens in London or M. Wibrants in Amsterdam that so those provisions may arrive here speedily which considering that summer is now near at hand will be very necessary that when our supplies of Victualls Munition Clothes Money and other provisions shall arrive we may not in the publique service here loose the benefit and advantage of that season And so we remaine from His Majesties Castle of Dublin 4. April 1643. POST-SCRIPT As we were ready to signe this dispatch we received at this Board a paper signed by sundry Officers of the Army now here at Dublin which is in such a stile and threatens so much danger as we hold necessary to send a Copy thereof here incloâ—ed whereby still appeares the high necessity of hastening away money for them and the rest of the Officers and Victualls for the Souldier without which it will be impossible to conteine them from breaking out into mutinie The Letter inclosed MY LORDS AT our first entrance into this unhappy Kingdom we had no other designe then by Our Swords to assert and vindicate the right of His Majesty which was here most highly abused to redresse the wrongs of His poor Subjects and to advance our own particulars in the prosecution of so honest undertakings And for the first of these we do believe they have since our comming over succeeded pretty well but for the last which concernes our selves that hath fallen out so contrary to our expectations that in stead of being rewarded we have been prejudiced instead of getting a Fortune we have spent part of one and though we behave ourselves never so well abroad and performe the Actions of honest men yet we have the reward of Rogues and Rebells wich is misery
for executing of other legall Acts may not onely be lyable to the interpretation of being disturbers of the publique Peace but feele the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdomes as a joynt Committee for the hearing and determining Civill Actions and differences cannot be extended further then preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civill matters for the preservation of the Articles of the Peace they may in order thereunto upon pretence it is for the preservation of the Peace entertaine and determine any cause or difference they please especially their power by the Propositions being not onely to preserve the Peace but to prevent the violation of the Articles of the Peace and having the power of the Sword in their hands and being not tyed up to any certain Law whereby to judge for ought appeares by their answers to the questions proposed by Our Commissioners and the common Law not being the rule in such case because part of them are to be of the Scottish Nation they may without controll exercise what arbitrary power they please And whereas it is insisted upon in this paper That an answer be given to the fifteenth Proposition which is that the Subjects be appointed to be Armed Trayned and Disciplined in such manner as both Houses shall think fit which Our Commissioners thought fit to have deferred till after the Peace established and then to be setled by Vs and the two Houses It is apparent that Proposition concerned not that which was desired as the end of their Propositions the security for the observation of the Articles and We conceive there is already sufficient provision made by the Law in such cases if there were not it were fit that that defect were supplied by Law not to be left at large as the two Houses should think fit without expressing the manner of it but to proceed by a Bill wherein we might see before we consented to it how Our Subjects should be charged we being as much concerned and sensible of the burden to be put upon Our Subjects as the two Houses can be who We are sure since they took upon them the authority of imposing upon their fellow Subjects without Vs have laid the heaviest Impositions that ever were And whereas they say the scope of these their Propositions touching the Militia was to take away occasions of future differences to prevent the raising of Armes and to settle a firme and durable Peace If we look upon the whole frame of their Militia as they have proposed it to us we cannot but conclude those Propositions to be most destructive to those ends For first they have proposed it to us as they have setled it already by their Ordinance That the whole Militia of â—reland as well of Our English Subjects as Scottish shall be Commanded by Lesley Earle of Leven their Scottish Generall and be managed by the joâ—nt advice of the Scottish and English Commissioners and therein the Scottish as well as the English to have a Negative Voyce and so by consequence subjecting the whole Government of that Kingdome to the manage of Our Scottish Subjects And having thus ordered the Militia of Ireland where they will be sure to keep Forces on Foot for that is another part of the Propositions That We shall Assent to whatsoever Acts shall be proposed for monyes for the Warre of Ireland which Forces shall be ready upon all occasions to serve them For the Militia and Navy of England that is likewise to be ordered and Commanded by these Commissioners and though We their Soveraigne are denyed to nominate any to be joynt Commissioners they are content to admit those of Scotland who though Our Subjects yet are strangers to their Government to a nomination of Scottish Commissioners to be joyned with them These Scottish Commissioners in matters wherein both Kingdomes are joyntly concerned and they may easily call and make what they will to be of joynt concernment are to have a Negative Voyce so that the English can doe nothing without them not so much as to raise Force to suppresse a Commotion or prevent an invasion if the Scottish Commissioners though not a third part of the number of the English say it is of joynt concernment And in matters solely concerning England the Scottish Commissioners to a third part of the whole number of the Commissioners are to reside in England and to Vote as single Persons These Commissioners as well Scottish as English as they have the sole power of the Forces by Sea and Land so they must have a Court in a Civill way to hear and determine whatsoever Civill action that shall tend to the preservation of the peace or whatsoever else is for the prevention of the violation of it within which generall words and in order thereunto they may comprehend any cause or thing they please And as these Commissioners as well Scottish as English are to name all Commanders and Officers in Our Forts and Ships so in the intervalls of Parliament lest there should be too much dependance upon us they are to name all the great Officers Iudges of both Our Kingdomes of England and Ireland To these so unreasonable Propositions wherein the Parliament and Subjects of Scotland would have so great an influence and power over the Kingdomes of England and Ireland if as reflecting meerly upon our selves and not entertaining such thoughts of our Scottish Subjects as perhaps some may by the danger of such a power we should have agreed as hoping that the good affections of our Subjects in Scotland might in time have restored us to that power which the two Houses of England would take away yet when we consider that we are in conscience obliged to maintaine the Rights of Our Crowne so farre as to be able to protect Our Subjects and what jealousies and heartburnings it might probably produce betwixt Our Subjects of the two Kingdomes what reluctancy all Our Subjects here may have when they shall see Our Power so shaken and they must have so much dependency upon their fellow subjects both English and Scotch We conceive it so farre from being a remedy to the present distempers as they affirme in their papers that as at present it would alter the whole frame and conditution of the Governement of this Kingdome both Civill and Military so in the conclusion it would occasion the ruine and desolation of all Our Kingdomes HIS MAJESTIES ANSWER See these in the Narative no. 177. 178. to the two Papers concerning Ireland IT hath been one of the chiefest designes of the Authors of the present distractions to insinuate unto our people that We were either privy to the Rebellion in Ireland or assenting to the continuance of it And if it could not be personally fixed upon Our selfe yet
to perswade them into a beliefe that evill Counsellors and others prevalent with us did encourage and assist it By this means having a colour to raise Forces and to levy money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebells in Ireland they might thereby also raise a Warre in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this designe that whereas out of Our earnest desire of the reliefe of Our poor Subjects in Ireland and to shew the great sence we had of their miseries We had given way to severall unusuall Bills for raising of Forces and likewise to the Bill for the 400000l for the adventurers and others for raising of Moneys which Moneys by those Acts were to be paid to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usuall in like cases thence to be issued for publique use those supplies were diverted and imployed to feed and nourish a Rebellion in England rather then to suppresse that in Ireland Thus 100000l of the Adventurers Money was impâ—oyed for the Earle of Essex his Army when he first Marcht against us and that imployment of it though contrary to the expresse words of the Act which are that no part of that Money shall be imployed to any other purpose thâ—n the reâ—uâ—ing of those Rebels was publiquely justified by a Declaration made in the name of the House of Commons the 6th of September not long before the Battaile at Edge-Hill and at the same Bartaile severall Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny S Faithfull Fortescue and others were imployed against us at Edge-hill the moneys raised upon the Bill of 400000l others have been wholly made use of against Vâ— And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that Warre and misapplying the ayds intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity we shall hope not so intended by all of them are apparently in pursuance of that originall designe in begetting a suspition of our integrity in that businesse of Ireland and ingrossing the managing of that Warre and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Vs and advised as most necessary for the preservation of that Kingdom to tend to the utter destruction of the Protestants there and the continuance of the Ceslation there though but during the Warre here to be a countenancing of that bloudy Rebellion and We Our selves are charged to be privy and to give directions for the seising of some provisions made and sent for the supply of â—he Protestants in Ireland In the next place concerning the Warre there they demand that the prosecution of that Warre be setled in both Houses of Parliament to be managed by the advice of both Kingdoms of England and Scotland that is a Committee of both Kingdoms those of each Kingdom to have a negative voyce And all the Forces there to be under the Command of the Scotch Generall The Lievtenant and other great Officers and Judges there to be nominated by both Houses and that we should consent to passe all Acts to be proposed by them for the raysing of moneys and other things necessary for the prosecution of that Warre And notwithstanding all the zealous and patheticall expressions in those Papers desiring the continuance of that Warre and the execution of Iustice upon those Rebels It is not barely the prosecution of the Warre in zeale of Iustice that is desired that might be managed either by Vs whom God and the Law have entrusted solely with that power and whose Prâ—decessors have alone and without the concurrence of their Parliaments other then by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Vs They have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the Warre wherein those who are in Armes against us may have the sole managing of the Warre and of moneys to maintaine that Warre even while they are in Armes against Vs. For the Cessation already made it is apparent it was the onely visible meanes whereby the Kingdome was preserved the poore Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebells for want of Ammunition there being not above Forty Barrells of Powder there as appears by the Letters of the Lords Iustices and Councell of Ireland mentioned by Our Commissioners and no supplies of Victualls or Money sent in six months time before those Letters although Our Ships were then taken away from Vs and all the Forces at Sea belonging to this Kingdom were under their command Neither could the not making voyd or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a moneth they insist upon their demands of an Act of Parliament to make that Cessation voyd to which if We should have consented as We must have rendered our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnely made by our publique Ministers of State in Ireland and after consented unto by our selves so we must have implicitely confessed contrary to the truth that which they alleadge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloudy Rebellion and thereby having lost the Plea of our innocencie have also lost the hearts of Our people and rendred our selves guilty of those infamous slaunders which have bin charged upon Vs concerning the Irish Rebellion and which some were so willing to fix upon Vs that even during this Treaty when Mack Quire was impeached by them for this Rebellion for which he was by them after executed though they well knew confessions of men in his condition in hopes of Pardon or Reprives are not to be credited he was strictly examined concerning Vs as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if
Generall of the Scots that they shall be well paid the Arreares to the Armies in both Kingdomes before they quit their Interest in Ireland If we shall allow Provisions thus imployed to be for the preservation of the English Protestants in Ireland We may believe they have repaid the 100000l taken up of the Adventurers money and yet thus to resatisfie this money admitting it be currant satisfaction for the debt can be no satisfaction or excuse for the former diversion But since they cannot excuse themselves for this diversion of the Adventurers money nor of the other moneys raised for Ireland nor of the imploying the forces raised for that Kingdom under the Command of the Lord Wharton against us at Edge-Hill which they deny not They fall to recriminate Vs. They say They have mentioned particulars of provisions for Ireland besides those few clothes taken neere Coventry which being formerly answered by Our Commissioners they do not againe urge asserted to be seised not without Our owne knowledge and directions as they were informed This they had formerly alledged and our Commissioners had answered as we do now that they have instanced no particulars at all of any such provisions seised And whereas they say that Out forbearance to seise some provisions which Our Commissioners alleadged in our greatest wants we forbore to take though they lay in Magazines within Our owne Quarters but took order to send away into Ireland was no excuse for seising others they misapply that to be an excuse which was alleadged as an evidence that We seised none since we might in Our great want have seised those if we had been minded to have seised any They say again the service of that Kingdom was much prejudiced by denying the Lord Wharton's Commission of which they have not received satisfaction To this it hath been already answered that those Forces were raised for him before any Commission demanded from us and that the Commission for him proposed to us was to have been independant of the Lievtenant of that Kingdom Causes though not satisfactory to them yet sufficient in themselves to justifie Our reâ—usall But besides these it is apparent the Army which was brought down against Vs was their raising that the Lord Wharton was one of the most active in it and We had cause to be confident nor did he faile us therein that what Forces he should raise for Ireland he would imploy against us in England neither did that service depend upon the Lord Wharton other able Officers were appointed over those Forces whom if they had as much affected that service as the Person of the Lord Wharton they might have trusted with the Transport of them to Ireland where others of more experience and fitter for Conduct then the Lord Wharton might have taken the charge of them They say further That it was one end for which the Cessation was made that the Forces might be brought hither to Vs out of Ireland and imployed against the two Houses The bleeding necessities of the poore English there which have been mentioned and whereof they cannot but be convinced will best speak the cause of that Cessation and the fight of those Souldiers halfe starved when they came over having neither Clothes to their Backs nor so much as Shooes to their Feet nor any pay to provide either will witnesse the necessity of bringing them over when there was no subsistance for them in Ireland nor use for them there during the Cessation And for making use of them here how can they quarrell at Our imploying Our owne English Souldiers who should otherwise have disbanded when they make use of an Army of Scots against Vs. They have bin told that they brought over out of Ireland the Earle of Leven their Generall and diverse Scottish Officers which they deny not and that before the English Forces brought over they attempted the bringing once the Scottish Forces in Ireland as likewise diverse English Officers there into this Kingdom to which all the answer given is that the Scottish Forces which came over were not sent for Which as it denies not what is objected so neither can it excuse their not sending them back to the service of Ireland and imploying them here in an unnaturall Rebellion against Vs. But whatsoever their owne acts or failings have bin in this businesse of Ireland though apparently the necessities which caused the Cessation were occasioned by the two Houses yet rather then they shall be guilty of the blame and neglect therein Our people must be made to beleive that either there were no such necessities or when that is so apparent then that those necessities were designed and contrived by a Popish and Prelaticall party prevalent with Vs and the supplyes denyed and stopped by Our Selfe and so that it is reasonable for them to presse and insist as they do with much fervour in their last Paper concerning Ireland upon their demands for the setling of the prosecution of the War in themselves or the Scots excluding Vs and that there shall be no further Cessation or Peace made there though the War should continue here to have the nomination of the Leivtenant and all the great Officers there and to have Vs bound up to assent to whatsoever acts they shall propose for moneys or other necessaries for the prosecution of that War and if We agree not to these Propositions We are like to be charged with countenancing of that Bloudy Rebellion And therefore though the unreasonablenesse of those Propositions hath been fully laid open by Our Commissioners â—n their Paper yet because this of theirs is framed in answer to those and the fervency and fluency of their expressions may make impressions on those who doe not warily weigh the matter We shall examine what new inforcements they bring to make good those demands The prosecution of the Warre there though it be demanded generally in the 13th Proposition to be setled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms yet according to their 17th Proposition it is to be ordered according to the Ordinance of the 11th of April 1644. which is also proposed to be enacted By that Ordinance the Scottish Generall Leven is to command all the Forces in Ireland both English and Scottish and that Warre is to be managed by a joynt Committee to be named by the two Houses of England and the Estates of the Parliament of Scotland And the Committees of each Kingdom is to have a negative voyce They insisting to have the prosecution of the War thus setled Our Commissioners answered That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland and neither agreeable to the rules of honour or prudence That it was unreasonable if the War continued here that We by Our consent to Act of Parliament for the manageing of that War and raising moneys for that purpose should put so great power into
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
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
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
effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon And all suche uyr matteris conceruing the good of bothe Kingdomes as ar or all be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the instructiones givin or to be givin to the Commissionaris abovenameit or their quuorums And for this effect The Estaites Ordeanes Iohne Erle of Lowdonne Chancellor Iohne Lord Balmerino Sir Archibald Iohnstounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all dilligence to the Kingdome of England to the effect before rehearsit conforme to this Commissione and instructiones As also the Estaites Ordeanes ye saides ArchibaldMarqueis of Argyle M. George Dundas of Maner and Sir Iohne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conventencie as the occasione of ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the affect above mentionat conforme to the Commissionâ— and instructiones givin or to be givin to the Commissionais or thair quuorums thair anent be the Estaites of this Kingdome or Committies yrof And the Estaites of Parliament be thir presents haldis and sall halde firme and stable all and what summ evir thinges the Commissionaris abovenameit or any thrie or mae of thame sall doe conforme to this Commisionne and to the instructionnes given or to be given to thame Extractit furthe of the butkes of Parliament be me Sir Alexander Gibsone of Dunâ—ie Knyt Clerk of His Majesties Registers and Rollis under my signâ— and subscriptionne Mannuall Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesties Commissioners this paper Ianuary the 30. WEE are directed by Our Instructions to Treat with XIII your Lordships upon the Propositions concerning Religion the Militia and Ireland three daies a peice alternis vicibus during the space of twenty dayes from the 30 of Ianuary beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those subjectâ— three daies a piece Alternis vicibus beginning with that of Religion upon Friday the last of Ianuary and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11 Wednesday the 12 and Thursday the 13 of February and again the two last daies of the 20. And the like course was held touching the Militia and Ireland But because the passages concerning each subject severally will be more clearly understood being collected and disposed together under their severall heads therefore all those which concerne Religion the Militia and Ireland are put together And in like manner the passages preparatory to the Treaty concerning the Commissions the manner of the Treaty and a seditious Sermon made the first day appoynted for the Treaty And such as hapned in the Treaty touching His Majesties Propositions The demands of farther time to Treat and other emergent passages which have no Relation to those of Religion the Militia and Ireland are in like manner digested under their severall heads with their particular dates And first those which concerne the Commissions Friday the last of Ianuary His Majesties Commissioners delivered unto Their Commissioners this paper Vlt. Ianuary WEE having perused the power granted to your Lordships XIV in the Paper delivered by the Earle of Northumberland and finding the same to relate to instructions we desire to see those instructions that thereby we may know what power is granted to you and we ask this the rather because by All their Commissioners were not then come to Vxbridge the Powers we have seen we doe not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. Ianuary BY Our Instructions we or any tenne of us whereof some of either XV. House of the Parliament of England and some of the Commissioners of the Kingdome of Scotland to be present have power to Treat with your Lordships Their farther Answer Vlt. Ianuary VVHereas your Lordships have expressed unto us a desire XVI of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat To this we returne in Answer that since the Paper already delivered in by us declaring that by our Instructions any tenne of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum We shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and doe expect the returne of it so amended within two or three daies when we shall present it unto your Lordships But as for your desire in generall to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to doe for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sending of those Propositions and by the Commissions authorising us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbatis primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earle of Northumberland Philip XVII Earle of Pembrook and Montgomery William Earle of Salisbury Bazil 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 or any tenne of them Whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present To treat with the Lord Duke of Richmond the 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 Hyde Sir Richard Lane
your Lordships will not refuse to do it But if neither that nor the other Proposition that the Government intended to be introduced by your Lordships is the only Government that is agreeable to the word of God can be evinced We hope your Lordships will rest satisfied with the reasons we have given your Lordships in writing why we cannot consent to your Propositions concerning Religion as they are made and insisted on by your Lordships and that we have offered your Lordships a remedy against all the inconveniencies that have bin ever pretended in the Government as is now established by Law and which ought not upon lesse reasons then we have mentioned to be taken away Their Reply 21. Feb. VVE do not conceive that the continuall Succession of Episcopacy from the Apostles time hath bin at all manifested LXX to us in Conference to your Lordships and for what your Lordships mention concerning a Nationall Church it is a new Question which hath not as yet bin any part of the Subject of our Debate But we desire to bring that to a conclusion which is in issue between us and not doubting but that your Lordships are fully satisfied That Episcopacy is not Iure Divino we are ready by Conference to shew the unlawfulnesse of that Episcopacy which we desire to take away by our Bill and that the Government which we propose is agreeable to the Word of God In pursuance of this paper the most part of the next day being the last of the Treaty was spent in dispute between the Divines and after their Commissioners delivered in this paper 22. Feb. HAving the last night given in a paper unto your Lordships wherein we signified that we doubted not but that you were LXXI fully satisfied that Episcopacy was not Iure Divino we are the more confirmed in it because your Lordships have since that time given us nothing in to the contrary and we hope we have by clear Arguments from Scripture and reason this day likewise satisfied you That the government by Arch-Bishops Bishops c. which we desire to be taken away by this Bill is unlawfull and that the Government which we desire to be established is agreeable to the word of God and therefore we desire your Lordships to agree to the passing of this Bill and to give us your full and cleare answer to this and the rest of the Propositions concerning Religion The King's Commissioners Answer 22. February ACcording to your Lordships paper of the last night we attended LXXII your debate this day concerning the unlawfulnes of Episcopacy but did neither then nor do now acknowledg our Selves convinced by any Arguments offered by you that Episcopacy is not Iure Divino the same having bin the opinion of very many Learned men in all ages which we do not censure or determine but not insisted on by us as the ground of any Answer we have delivered to your Lordships and we are so far from being satisfied with the Arguments from Scripture and reason this day urged to prove that the Government by Arch Bishops Bishops c. which you desire to be taken away by this Bill is unlawfull that the weightiest Arguments which were urged in our Iudgments concluded at most against those inconveniencies which are remedied by the Alteration offered by us to your Lordships in our * See before no. 56. Paper of the 13. of this Moneth and it seems strange to us that your Lordships should think that Government without which no Nationall Church hath bin since the Apostles times till within these few yeares to be unlawfull and for the Government desired by you to be established your Lordships have not offered any such particular Form of Government to us that may inable us to Iudge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawfull without offering to prove it absolute necessary and therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three daies of the Treaty spent upon the businesse of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three daies following beginning the fourth of February and the same was after resumed the 14. of February for other three daies Their Propositions touching the Militia 4. Febr. WEE desire that by Act of Parliament the Subjects of LXXIII the Kingdom of England may be appoynted to be Armed Trayned and Disciplined in such manner as both Houses shall think fit The like for the Kingdome of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raysing of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the setling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known integrity and such as both Kingdoms may confide in for their faithfulnesse to the Religion and Peace of the Kingdome of the House of Peeres and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit And when any shall dye others to be nominated in their places by the said Houses which Commissioners shall have power First to suppresse any Forces raised without authority of both Houses of Parliament or in the intervals of Parliaments without consent of the said Commissioners to the disturbance of the publique Peace of these Kingdoms and to suppresse any Forraigne Forces that shall invade this Kingdom and that it shall be high Treason in any who shall leavy any Forces without such authority or consent to the disturbance of the publique Peace of the Kingdom any Commission under the Great Seale or other warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publique Peace that may arise by occasion of the late troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdome of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid
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 Kingdome of England only in pursuance of a former Paper given in by your Lordships the 6. of February We therefore againe desire as formerly that such answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applied to both Kingdoms joyntly and then we shall be ready by conference to cleare any Objections which your Lordships shall make against the reasonablenesse of our demands The King's Commissioners Paper 15. Febr. WEE desire that your Lordships will satisfy us of the XCV reasonablenesse of your demands concerning the setling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the time ought not to be limited Their Paper 15. Febr. YOur Lordships demand in your * The precedent Paper 4th Paper being made concerning XCVI the Militia of both Kingdoms we are ready upon conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the time for which the Militia is demanded in the Propositions After some time spent in conference for limiting the time wherein the debate was touching the unreasonablenesse of the demand for taking from the King the Power of the Militia and setling it in Commissioners to be nominated by the two Houses not limited to any time The Kings Commissioners gave in this Paper 15. Febr. WE desire to know whether your Lordships can by your XCVII instructions consent to a limitation of time in the setling the Militia or whether you must insist that the time be unlimited Their Answer 17. Febr. IN Answer to your * The next precedent paper sixt Paper of the 15. of this instant XCVIII concerning the limitation of time in the setling of the Militia We doe insist that the time be unlimited according to our former demands The King's Commissioners Reply 17. Febr. AFter so long debate between us concerning the limitation XCIX of time in the setling of the Militia in which we conceive your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present agreement that the time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of time and are sory that your Lordships will not give us an answer to that question that thereupon we might have endeavoured to have given your Lordships other satisfaction then by not knowing your power therein we are enabled to doe Their Paper 17. Febr. WE conceive that after so long a debate between us C. your Lordships would have been satisfied that it was most fit concerning the setling the Militia for the time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Febr. WE desire a full and cleer answer to what we have delivered CI. to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions The Answere 17. Febr. VVE doe * The paper after n o 128. was delivered with this herewith deliver to your Lordships such a full and cleere answer to your Propositions concernthe Militia as we hope will give your Lordships satisfaction being such as upon the conference and information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesties opinion but what answers we have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to doe Their Reply 17. Febr. VVE againe desire of your Lordships to know whether you CIII be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such instructions or directions and which we conceive your Lordships in Justice and reason cannot deny seeing by your Papers and debates you insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of time which we did accordingly And your Lordships 7th Paper this day delivered gives no answer or satisfaction to our former demand herein The King's Commissioners Answer 17. Febr. WE conceive it was just and reasonable for us to demand CIV of your Lordships whether you had power by your instructions to consent to a limitation of time concerning the Militia because the time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to instructions they are thereby part of your power and yet your Lordships to that our demand have given no other answer then That by your instructions you were to insist to have the time unlimited but have not answered whether you had power to consent to a limitation of time And we desire your Lordships to remember that formerly upon our desire to see your instructions that thereby we might see what power was granted to you by your * See before n o 16. Paper of the last of Ianuary your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to instructions we conceive that your Lordships cannot expect any other answer then we have already given to your Lordships demand touching any instructions or directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Iustice or reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. February VVE desire to know what authority the Commissioners CV nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and advice from the Estates of the Parliament there shall have upon this Kingdom and how farre the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships
desire expressed in your second Paper this CVI. day may be fully satisfied by the Propositions concerning the Militia where the authority of the Commissioners to be nominated is clearely expressed both in cases of severall and of joynt concernment of the Kingdoms And if upon perusall thereof any doubts shall occurre to your Lordships we are ready by conference to cleare the same The King's Commssioners Paper 15. Febr. VVE doe not conceive that the authority of the Commissioners CVII of both Kingdoms and in both Kingdoms is cleerely expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any power in the setling of all Forces by Sea and Land in this Kingdome and what authority they shall have Their Paper 15. Feb. WE doe conceive that the authority of the Commissioners of CVIII both Kingdomes and in both Kingdomes is clearly expressed in our Propositions By which it doth appeare how they are to act as severall or as joynt Commissioners And if your Lordships shall propound any objections against our Propositions concerning the Miliâ—ia of both Kingdomes we are ready upon conference to give your Lordships satisfaction The King's Commissioners Paper 15. February VVE desire to know whether in that part of the Proposition CIX wherein the Commissioners of both Kingdomes are appoynted to meet as a joynt Committee and to receive Instructions in the intervalls of Parliament from the Commissioners for the preservation of the publique Peace your Lordships meane the Commissioners to be nominated according to these Propositions or the * See the Printed Act. Commissioners intended by the Act of Pacification or what other Commissioners And what Iurisdiction you intend the said Commissioners of both Kingdomes shall have by the power given them to heare and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to heare and determine the same Their Answer 15. Feb. VVE intend that the Commissioners are to be nominated CX according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any obâ—â—ctions hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOr further answer to your Lordships second Paper we conceive CXI that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Iurisdiction and by what Law they shall proceed to heare and determine the same are to be setled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15 Feb. WE desire to receive a perfect and full answer from your CXII Lordships to our * See no. 107 109 no. 105. first and second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any power and authority in the setling of all Forces by Sea and Land in this Kingdom and what authority they shall have and whether the advice or orders of the Estates of the Parliament of Scotland shall have any influence upon the affaires of this Kingdome or the Commissioners to be named according to these Propositions otherwise then as the said advice or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or rule they shall proceed trye and Iudge in the hearing determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our cleare understanding your Lorâ—ships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. WE conceive there is a full answer already given by us in CXIII * See the papers intended no. 92 106. severall papers of the 14 of this instant to the former parts of your paper delivered in on the 15 day and to the latter part what Iurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and rule they shall proceed to heare and determine the same is clearely set down in our * No. 111. further answer of the 15 of this instant to your second paper delivered in to us the day before The King's Commissioners Answer thereunto 17. February VVE had great reason to desire a perfect and full answer CXIIII from your Lordships to our first and second Papers delivered by us to your Lordships on the 15 of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory answer to your propositions as they relate to either or both Kingdoms or to the power of the Commissioners of both Kingdoms as they are to be a joynt Committee to heare and determine all differences according to instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to informe us whether you intend the Commissioners of Scotland shall have any power or authority in the setling all Forces by Sea and Land in this Kingdome and what authority they shall have and whether the advice instructions or orders of the Estates of the Parliament of Scotland shall have any influence upon the affaires of this Kingdom or the Commissioners to be named according to those Propositions otherwise then as the said advice instructions or orders shall be approved and confirmed by the two Houses of Parliament of England and what Iurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or rule they shall proceed try and Iudge in the hearing and determining the same In all which particulars we are very sory that we can receive no answers from your Lordships for want whereof we may faile in giving your Lordships so satisfactory answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Febr. IT is clearly expressed in our Propositions delivered to your CXV Lordships that all Forces by Sea and Land in this Kingdome are to be setled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the advice instrustions or orders of either Kingdome are to
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
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
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
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
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
Lievtenant of Ireland or Gâ—nerall of the Forces there hath to that purpose we do not know and therefore cannot inform your Lordships And as to the other particulars in that paper we do * The two Papers following no. 171 172. were delivered in before this Paper and the reference is to them and others formerly delivered on that subject refer our selves to the answers formerly given in to your Lordships demands touching that subject with this that we do conceive it to be most clear that His Majesty is in no wise restrained by expresse words or by the meaning of any Act made this Parliament from making a Peace or a Cessation in Ireland without the consent of the two Houses Their Paper 19. Feb. THere being but 3 dayes left to Treat upon the Propositions CLXIX for Religion the Militia and for Ireland and for that your Lordships have given no satisfactory answers to our dâ—mands concerning them we therefore now desire to confer with your Lordships how to dispose of the 3 dayes yet remaining that we may receive your Lordships full and clear answers thereunto The King's Commissioners Answer 19. February WE see no cause why your Lordships should think our CLXX Answers upon the Propositions for Religion and the Militia were not satisfactory And for that of Ireland we have received many Papers from your Lordships concerning that businesse besides the Propositions themselves to all which we doubt not to give a full and cleare Answer to your Lordships to morrow being the time assigned and the last day of the Treaty upon that subject * See the Paper 20. Feb. no. 192. touching His Majesties returne to Westminster After we shall be ready to conferre with your Lordships of disposing the remainder of the time Accordingly after the before mentioned Demands and Answer thereunto of the 19th of February the King's Commissioners in Answer to theirs of the 18th of February No. 149. delivered in this Paper 20. February VVE have already told your Lordships how farre we CLXXI. are from being satisfied by what you have alleadged against His Majesties Power to make a Cessation with the Rebells in Ireland neither have your Lordships in any degree answered the important reasons which induced His Majesty so to doe it being very evident that by the Cessation there His Majesties Protestant Subjects have been preserved and subsisted which without it they could not have done the two Houses forbearing to send any reliefe or supply to them and His Majesty not being able And we desire your Lordships to consider how impossible it was whilest the Warre continued in England with such fiercenesse and animosity by Armes to reduce the Kingdom of Ireland to His Majesties Obedience and therefore His Majesty had great reason to preserve that by a Cessation which He could not reduce by a Warre And we are most confident that the necessities which are not offered as excuses for but were the reall grounds of the Cessation were very visible to all those in that Kingdome whose advices His Maiesty ought in reason to follow and whose interests were most concerned and would not have given such advice if any â—ther way could have been found out to preserve them And we have been credibâ—y iâ—formed that the Committee sent into Ireland which His Maiesty never understood to be sent thither to supply the necessities but to observe the Actions of His Maiesties Ministers there having in their â—ourney thither signed Warrants in their owne names to apprehend the Persons of Pecres of this Realme and Persons of His Maiesties Privy Councell were never discountenanced there for His Maiesties directions that Persons who were not of His Privy Councell there should not be present at those Councells cannot be interpreted a discountenance to them in any thing they ought to doe And we are most assured that His Maiesty sent no Message or Letter to divert the course of the Officers Subscribing for Land in satisfaction of their Arreares but the Souldiers were meerly discouraged from the same by discerning that for want of Supplies they should not be able to goe on with that Warre And we doe assure your Lordships that His Majesty doth not beleeve that the Summes of Money raised for Ireland which your Lordships doe admit to have been made use of by both Houses of Parliament otherwise then was appointed are yet satisfied in any proportion the greatest part of the Money raised upon the Bill for 400000l and of the Moneys raised upon the charitable Collections as well as the Adventurers Moneys being imployed upon the Warre here And if the same were since satisfied it doth no wayes excuse the diverting of them when in the meane time that Kingdome suffered by that divertion And that the feare that other moneys so raised might likewise be misimployed was a great reason amoâ—gst others that made His Majesty not consent to that Bill mentioned by your Lordships And for the Regiments of Horse and Foot which your Lordships in your Paper of the 18th of this month say were designed for Ireland though they were imployed otherwise because a Commission could not be obtained for the Lord Wharton who was to Command those Forces It is well knowne that those Forces were raised before His Majesties Commission was so much as desired and then the Commission that was desired should have been independent upon His Majesties Lievrenant of that Kingdome and therefore His Maiesty had great reason not to consent to such a Commission and so the damages of keeping those six Pinnaces and the 1000 Land Forces if any such were proceeded not from any default of His Majesty And for the Provisions seized by His Maiesties Forces it is notorious that they were seized in the way to and neare Coventrey and that it was not made knowne to His Majesty that the same were for Ireland till after the seizure thereof when it was impossible to recover the same from the Souldiers who had taken them Whereas if a safe Conduct had been desired by His Majesty as it ought to have been the same being to passe through his Quarters there would have been no Violence or Interruption offered For the giving the Names of the Persons who subscribed the Letters delivered to your Lordships the Originalls of which have been shewed to you by us We have given your Lordships a full and reasonable Answer and if your Lordships will assure us that the giving their names to you shall be no prejudice to the Persons who did subscribe if at any time any of them shall be found within your Quarters we will forthwith deliver their names to you otherwise we conceive your Lordships cannot but give credit to that We have said and shewed to you all which we hope hath clearly satisfied your Lordships that the Cessation with the Rebels was neither unjust or unlawfull and that you will proceed to satisfie us by what meanes the Warre may be managed in Ireland with probable hope of the
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
Cessation we have already given your Lordships We hope cleare information For the persons whose advice His Maiestie followed therein your Lordships have not thought fit to make them knowne unto us and we cannot conceive their interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many persons of all sorts have forsaken that Kingdome rather then they would submit unto this Cessation and great numbers of considerable persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible meanes of their destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the State of the Warre to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant off but are well assured that what they did was in pursuance of their duty and for advancement of the publique service and suppressing of that horrid Rebellion and we cannot but still affirme they were discountenanced and commanded from the Councell there where the prosecution of that Warre was to be managed and that iâ— was Declared from His Majesty that he disapproved of the subscriptions of the Officers of the Army by meanes whereof that course was diverted Concerning the monies raised for Ireland we have in our former Papers given your Lordships a full and iust answer and we are sorry the same cannot receive credit those monyes raised upon charitable collections we do positively affirme were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested we are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledge was denied was only such as they conceived most necessary for advancement of that service and the deniall thereof proved very prejudiciall thereunto And we must againe informe your Lordships that it was well knowne at the time when the goods were seised by His Maiesties Forces as your Lordships alledge neare Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other provisions made and sent for the same purpose were likewise seised taken away by some of his Maiesties Forces as we have bin credibly informed not without his Maiesties own knowledge direction your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well iustifie and if the same be well done they need not feare to give an Accompt thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withall then shall be agreeable to Justice Vpon the whole matter notwithstanding the allegations pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether uniust unlawfull and destructive to His Maiesties good Subiects and of advantage to none but the Popish bloudy Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and duty obliged upon our former demands concerning Irelanâ— which we conceive most iust and honourable for His Maâ—esty to consent unto We know no other wayes to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by â—ods blessing we shall speedily settle that Kingdome in their due Obedience to His Maiesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles CLXXIV and Ordinances delivered by us unto your Lordships there should be a ground for your opinion that upon any differences between the Committees or Commanders imployed about the Warre of Ireland the Warre should stand still or be dissolved nor doe we find that the Ordinance of the 11th of Aprill can produce any such inconvenience as your Lordships do imagine Nor doth the making of the Earle of Leven Commander in chiefe of the Scottish and Brittish Forces and the setling of the prosecution of the Warre of Ireland in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms take away the relation to His Majesties authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties consent is humbly desired and the whole power is derived from him only the execution of it is put into such a way and the Generall is to carry on the Warre according to the Orders he shall receive from the Committee of both Kingdoms and in case of disagreement in the Committee the two Houses of Parliament are to prosecute that Warre as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyne with the Commander in chiefe of the Scottish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our answere to your Lordships second Paper of this day nor doth the naming of the Earle of Leven to be Generall any more take away the power of the two Houses then if he were a Native of this Kingdome or is there any part of the Kingdom of Ireland delivered over into the hands of His Majesties Subjects of the Kingdom of Scotland who doe only joyne with their Councells and Forces for carrying on the Warre and reducing that Kingdom to His Majesties obedience And we conceive it most conducing for the good of His Majesties service and of that Kingdom that the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the 20. Proposition who will recommend none to be imployed by His Maiesty in places of so great trust but such whose known ability and integrity shall make them worthy of them which must needs be best known to a Parliament Nor are they to have any greater power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of His Maiesties consenting to such Acts as shall be presented unto Him for raising moneys and other necessaries from the Subiect which is without any charge to Himselfe for no other end but the setling of the true Protestant Religion in that Kingdom and reducing it to His Maiesties Obedience for which we hold nothing too deare that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the Warre of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Lawes of God and Man their Faith their Alleageance all bonds of Charity all rules
Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdom and that though the Winds had in many dayes often formerly stood very faire for accessions of supplies forth of England the two Houses having then and ever since the full Command of those Seas yet to their vnexpressible greif after full six moneths waiting and much longer patience and long suffering they found their expectations answered in an inconfiderable quantity of provisions viz. 75 Barrells of Butter and 14 Tunn of Cheese being but the 4th part of a small Vessells-loading which was sent from London and arrived there on the 5th of May. which was not above 7 or 8 days provisions for that part of the Army in and about Dublin No monâ—y or victuals other then that inconsiderable proportion of victuals having arrived there as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of Novem. before And besides these whereof we have Copies to your Lordships it was represented to Hiâ— Majesty by Petition from that Kingdom That all meanes by which comfort and life should be conveyed to that Gasping Kingdom seemed to be totally obstructed and that unlesse timely releife were afforded His Loyall Subjects there must yeeld their fortunes for a Prey their lives for a sacrifice and their Religion for a scorn to the mercylesse Rebels Vpon all which deplorable passages represented by persons principally interessed in the managing of the affaires of that Kingdom and the War there in which number were Sr William Parsons Sr Iohn Temple Sr Adam Loftus and Sr Robert Merideth persons of great estimation with your Lordships to which we could add many other advices and letters from severall men of repute and quality but that we will not trouble your Lordships with repetition of private advices we cannot think but your Lordships are now satisfied that the necessities of that Kingdom which were the ground of the Cessation there were reall and not pretended and therefore for excuses we leave them to them who stands in need of them and we desire your Lordships to consider as the distracted condition of this Kingdom was what other way could be imagined for the preservation of that Kingdom then by giving way to that Cessation and though it is insisted on in your Lordships paper that some Protestants in Vlster Munster and Connaught who have refused to submit to that Cessation have yet subsisted yet your Lordships well know these were generally of the Scottish Nation who had strong Garrisons provided and appointed to them and were in these parts of Ireland neere the Kingdom of Scotland whence more ready supplies of Victuals might be had then the English could have from England and for whose supply as His Majesty hath bin credibly informed and we beleive that your Lordships know it to be true speciall care was taken when the English Forces and other English Protestant Subjects there were neglected whereby they were exposed to apparent destruction by Sword and Famine and we cannot but wonder at the assertion that His Majesties Forces have as much as lay in them endeavoured to prevent those supplies for Ireland and at the mention of the intercepting those provisions near Coventry with His Majesties own knowledge and direction whereas as we have formerly acquainted your Lordships it was not known to His Majesty that those provisions which were taken neere Coventry going thither when His Majesties Forces were before it were intended for Ireland till after the seisure there of when it was impossible to recover them from the Souldiers which might have bin prevented if a safe Conduct had bin desired through His Maiesties Quarters which we are assured He would have readily granted for those or any other supplies for that Kingdom but was never asked of Him and as there is no particular instance of any other provisions for Jreland intercepted by His Majesties Forces but those neere Coventry which were considerable so we can assure your Lordships that when His Maiestie was in the greatest wants of all provisions and might have readily made use of some provided for Ireland lying in Magazines within His Quarters yet he gave expresse order for the sending them away which was done accordingly and would haue supplied them further out of His own store if he had bin able and no man can be unsatisfied of His Maiesties tender sence of the miseries of His Protestant Subiects in Jreland when they shall remember how readily he gave His Royall assent to any Proposition or Acts for raising of men monyes and Armes for them that he offered to passe over in Person for their releife which His Maiesties Subiects of Scotland approved and declared it to be an argument of care in His Maiestie and if that had proceeded it might in possibility have quenehed the flames of that unhappy Rebellion as long before it miâ—ht probably haue bin prevented if the Army of Jrish Natives there had bin suffered to have bin transported out of that Kingdom as was directed by His Maiestie What Provisions are Iately sent or are now sending to Ireland from the two Houses we know not But His Majesty hath been informed that even those provisions are designed in pursuance of the late Treaty concerning Ireland made with His Subjects of Scotland without His Majesties Consent and onely for such who have deelared themselvea against His Majesties Ministers and in opposition to that Cessation to which many of them had formerly consented though they have since upon private Interest and the incouragement and solicitations of others opposed the same and therefore His Majesty cannot look upon those Supplied as a support for the Warre against the Irish Rebels or as a repayment of those monyes which being raised by Acts of Parliament for that Warre have been formerly diverted to other uses of which Money 100000l at one time was issued out for the payment of the Forces under the Earle of Essex And as to dâ—verting the Forces provided for the reducing of Ireland though we conceiv'd it ought not to be objected to His Maiesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployed against him in the Warre here in England yet it is evident they were not brought over till after the Celsation when they could no longer subsist there And that there was no present use for them and before those Forces brought over there was an attempt to bring the Scottish Forces in Ireland as likewise divers of the English Officers there into this Kingdome and since the Earle of Leven their Generall and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdome rathen then they would submit to that Cessation we know of none But it is manifest that divers who had left that Kingdom because they would have been famished if they
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.
Portions of Tithes Vicaridges Churches Chappell 's Advowsons Nominations Presentations Rights of Patronage Parkes Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty doe belong or appertaine unto all every or any such Arch-Bishop Bishop Deane Sub-Deane Deane and Chapâ—er Arch-Deacon Chanter Chancellor Treasurer Sub Treasurer Succentor Sacrist Prebendary Canon Canon Residenciary Petty Canon Vicar Chorall Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or places respectively and what and how much of the same is in possession and the true yearely value thereof and what and how much thereâ—f is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate also the true yearely value of the same as they are now worth in Possession as also what Rents Pensions or other Charges or other summes of money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact particular survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and writings whatsoever belonging unto all or any the Persons Dignities Churches Corporatâ—ons Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairely written and ingross'd in Parchment to make returne and Certificate into the Court of Chancery and to this further intent purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the severall Parishes within the Kingdom of England Dominion of Wales Be it likewise ordayned and enacted that the same Commissioners and Persons authorized as abovesaid shall have full power and authority by the Oathes of good and lawfull men as by all other good wayes and lawfull meanes to enquire and find out the true yearly value of all Parsonages Vicaridges Presentative all other Spirituall and Ecclesiasticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truely and really worth by the yeare and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the severall Churches and Chappels are supplyed by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needfull necessary provided alwayes that this Act or any thing therein contayned shall not extend to any Colledge Church Corporation Foundation or house of Learning in either of the Vniversities within this Kingdom and the said Sr William Roberts Sr Thomas Atkins Sr Iohn Wollaston John Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heires and Assignes a re hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts Cellecting of Rents Surveying of Lands and all other necessary imployments in about the premisses and unto the Commâ—ssioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Summes of Money as in their discretion shall be thought just and conventent And the said Sir William Roberts Knight Thomas Atkins Sir Iohn Wollaston Iohn Warner Iohn Towes Aldermen of the City of London Iohn Packer and Peter Malborne Esquires the Survivors and Survivor of them his and their Heires and Assignes of their severall Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to heare and determine all matters concerning such accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise saving to all and every Person and Persons Bodies Politique and Corporate their Heires and Successors and the Heires Successors of them and every of them other then such Person or Persons Bodies Politique and Corporate whose Offices Functions and authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claime to have or hold in right of their said Churches Dignities Functions Offices or places and other then the Kings Majesty his Heires and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politique and Corporate as may claime any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents charge Rent Service Annuities Offices Pensions Portions Commons Fees â—rofits claimes and demands either in Law or Equity whatsoever And all and singular such Leases for Yeares Life or Lifes as were before the Twentieth day of Iaâ—uary in the yeare of our Lord one Thousand sixe Hundred Forty two made unto them or any of them by any the Persons or Corporations above named according to the Lawes and Statutes of this Realme and warranted by the same and all such Leases and Estates as having been heretofore made have been established or setled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed And all duties and profits whatsoever which they or any of them have or may claime or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any pars or parcell thereof in such sort manner forme and condition to all intents constructions and purposes as if this Act had never been made The Articles of the late Treaty of the date Edenburgh the 29. of Novemb. 1643. Die Mercurii 3. Ianuarii 1644. ARTICLES of the Treaty agreed upon betwixt the Commissioners of both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland Authorised by the Committee of the said Estates concerning the solemne League and Covenant and the Assistance demanded in pursuance of the ends expressed in the same VVHereas the two Houses of the Parliament of England IV. out of a just and deep sence of
the great and imminent danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants their Adherents raised imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates generall Assembly there concerning such things as might tend to the preservation of Religion the mutuall good of both Nations And to that end to desire a more neere and strict union betwixt the Kingdoms And the Assistance of the Kingdom of Scotland by a considerable strength to be raised and sent by them into the Kingdom of England And whereas upon a consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and Generall Assembly No meanes was thought so expedient to Accomplish and strengthen the Vnion as for both Nationâ— to enter into a Solemne League and Covenant and a forme thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and Generall Assembly of Scotland which hath accordingly been done and received their respective Approbation And whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded Whereby the assistance desired might be made more effectuall and beneficiall And in pursuance thereof these Propositions following were considered of and debated by the Committee and Commissioners aforesaid To be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should finde cause Which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formerly to agree and conclude the same as may appeare by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the 17th of November Wee the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following And in confirmation thereof doe mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and Generall Assembly of Scotland and sent to both Houses of the Parliament of England in the same forme as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the Generall Assembly be sworne and subscribed by both Kingdomes as a most neer Tye and Conjunction between them for their mutuall defence against the Papists and Prelaticall Faction and their adherents in both Kingdomes and for pursuance of the ends expressed in the said Covenant 2. That an Army to this purpose shall be Levyed forthwith consisting of Eighteen Thousand Foot effective and two Thousand Horse and one Thousand Dragooners effective with a suteable Traine of Artillery To be ready at some Generall Rendezvous neer the Borders of England to March into England for the purposes aforesaid withall convenient speed The said Foot and Horse to be well and compleatly Armed and provided with Victualls and Pay for Forty daies And the said Trayne of Artillery to be fitted in all points ready to March 3. That the Army be commanded by a Generall appoynted by the Estates of Scotland and subject to such Resolutions and directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appoynted by them in that behalfe for pursuance of the ends above mentioned 4. That the Charge of Levying Arming and bringing the said Forces together Furnished as also the fitting the Traine of Artillery in readinesse to March be computed and set owne according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affaires All which for the present is to be done by the Kingdom of Scotland upon Accompt And the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is setled the same to be repaid or satisfied to the Kingdom of Scotland 5. That this Army be likewise paid as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defreying thereof it not amounting to the full months pay shall be Monthly allowed paid the summe of thirty thousand pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelats Malignants and their Adherents or otherwise And in case the said Thirty thousand pounds Monthly or any part thereof be not paid at the time when it shall become due and payable The Kingdom of England shall give the Publique Faith for the paying of the remainder unpaid with all possible speed Allowing the rate of eight pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly summe of Thirty Thousand pounds paid as aforesaid the States and Kingdom of Scotland shall have just cause to demand furthar satisfaction of their Brethren of England when the Peace of both Kingdoms is setled for the pains hazard and charges they have undergone in the same They shall by way of brotherly assistance have due recompence made unto them by the Kingdom of England And that out of such Lands and Estates of the Papists Prelats Malignants and their Adherents as the two Houses of the Parliament of England shall think fit And for the assurance thereof the Publique Faith of the Kingdom of England shall be given them 6. And to th' end the said Army in manner aforesaid may be enabled and prepared to march The Kingdom of England is to pay in ready money to their Bâ—ethren of Scotland or such as shall have power from the Estates of that Kingdom the summe of one hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before hand which is to be discounted back againe unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scottish Aâ—my from the time they shall make their first entrance into the Kingâ—â—m of England 7. That the Kingdom of Scotland to manifest their willingnesse to their utmost ability to be helpfull to their Brethren of England in this common Cause will give the Publique Faith of the Kingdom of Scotland to be
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
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
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
and want when we come home Now my Lords although we be brought to so great an exigence that we are ready to robbe and spoyle one another yet to prevent such outrages we thought it better to try all honest meanes for our subsistence before we take such indirect courses Therefore if your Lordships will be pleased to take us timely into your considerations before our urgent wants makes us desperate we will as we have done hitherto serve your Lordships readily and faithfully But if your Lordships will not find a way for our preservations here we humbly desire we may have leave to goe where we may have a better being and if your Lordships shall refuse to grant that we must then take leave to have our recourse to that first and prymary Law which God hath endued all men with we mean the Law of nature which teacheth all men to preserve themselves The Letter of the Lords Iustices and Councell of Ireland to His Majesty of the 11. of May. 1643. May it please Your most excellent Majesty AS soon as we your Majesties Iustices entred into the X. charge of this government we took into our consideration at this Board the state of your Army here which we find suffering under unspeakable extremities of Want of all things necessary to the support of their Persons or maintenance of the Warre here being no Victualls Cloaths or other provisions requisite towards their sustenance No Money to provide them of any thing they want No Armes in Your Majesties stores to supply their many defective Armes Not above forty Barrells of Powder in Your stores No strength of serviceable Horses being now left here and those few that are their Armes for the most part lost or unserviceable No Shipps arrived here to guard the Coasts and consequently no security rendred to any that might on their private adventures bring in provisions of Victualls or other necessaries towards our subsistence and finally No visible means by Sea or Land of being able to preserve for You this your Kingdom and to render deliverance from utter destruction to the remnant of Your good Subjects yet left here We find that Your Majesties late Iustices and this Board have often and fully by very many Letters advertised the Parliament in England of the extremities of Affaires here and besought reliefe with all possible importunity which also have been fully represented to Your Majesty and to the Lord Lieutenant and Mr Secretary Nicholas to be made known to Your Majesty and although the Winds have of late for many daies and often formerly stood very faire for accessions of supply forth of England hither and that we have still with longing expectations hoped to find provisions arrive here in some degree answerable to the necessities of Your affaires yet now to our unexpressible griefe after full six months waiting and much longer patience and long suffering we find all our great expectations answered in a mean and inconsiderable quantity of provisions viz. threescore and fifteen barrells of Butter and fourteen Tunne of Cheese being but the fourth part of a small Vessells loading which was sent from London and arrived here on the fift day of this Month which is not above seaven or eight daies provision for that part of the Army which lies in Dublin and the out Garrisons thereof No mony or victualls other then that inconsiderable proportion of Victuall having arrived in this place as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of November last We have by the blessing of God been hitherto prosperous and successefull in Your Majesties affaires here and should be still hopefull by the mercy of God under the Royall Directions of Your Sacred Majesty to vindicate Your Majesties Honour and recover your rights here and take due vengeance on these Traitors for the innocent bloud they have spilt if we might be strengthened and supported therein by needfull supplies forth of England but these supplies having hitherto been expected to come from the Parliament of England on which if Your Majesty had not relied we are assured You would in Your High Wisdom have found out some other meanes to preserve this Your Kingdom and so great and apparent a failer having hapned therein and all the former and late long continuing Easterly Winds bringing us no other Provisions then those few Cheeses and Butter and no advertisements being brought us of any future supply to be so much as in the way hither whereby there might be any likelyhood that considerable means of support for Your Majesties Army might arrive here in any reasonable time before we be totally swallowed up by the Rebels and Your Kingdom by them wrested from you We find our selves so disappoynted of our hopes from the Parliament as must needs trenâ—h to the utter losse of the Kingdom if Your Majesty in Your high Wisdom ordaine not some present means of preservation for us And considering that if now by occasion of that unhappy and unexpected failing of support from thence we shall be lesse successefull in your Services here against the Rebels then hitherto whilst we were enabled with some meanes to serve you we have been the shame and dishonour may in common construction of those that know not the in-wards of the cause be imputed to us and not to the failings that disabled us and considering principally and above all things the high and eminent trust of your Affaires here deposited with us by your Sacred Majesty we may not forbeare in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end your Majesty thus truly understanding the terriblenesse of our Condition may find out some such meanes of support to preserve to your Majesties and your Royall Posterity this your Ancient and Rightfull Crowne and Kingdome and derive deliverance and safety to the Remnant of your good Subjects yet left here as in your Excellent Judgement you shall find to be most for your Honour and Advantage And so praying to the King of Kings to guide and direct you for the best in this high and important Cause and in all other your Councells and Actions we humbly remaine from your Majesties Castle of Dublin the 11th day of May 1643. Your Majesties most Loyall and most faithfull Subjects and Servants FINIS HIS MAIESTIES ANSWERS TO CERTAIN PAPERS DELIVERED IN to His Commissioners at Vxbridge upon the close of the TREATY ONE CONCERNING THE MILITIA AND TWO CONCERNING IRELAND To which being long and comming in so neare the breaking up of the Treaty no Answers could then be given See them in the Narrative N o 136. 177. 178. OXFORD Printed by Leonard Lichfield Printer to the Vniversity 1645. HIS Majesties Answers to certain Papers delivered See them in the Narrative no. 136. 177 178. in to His Commissioners at Vxbridge upon the close of the Treaty concerning the Militia and Ireland c.
taken for Apocryphall doctrine not to take up Armes against their Frince upon any pretence whatsoever And as we have endeavoured by Our Personall example otherwise so we shall still continue by all good meanes to propagate the Protestant Religion but we are farre from that Mahumetane doctrine that we ought to propagate Our Religion by the Sword And though We shall be most willing to hearken to the advice of Our People Assembled in a free Parliament yet we should be wanting to the Trust that God hath reposed in Vs and Our use of that reason with which he hath endowed Vs if We should wholly give up that Kingdome to be managed solely by their Counsells secluding Our Selves from all Interest therein especially when We consider that which experience hath taught Vs if they have the sole power of that Warre by which all the Souldiers and Commanders being to be nominated and paid removed and advanced by them the necessary application passing by Vâ— must be made to such as are powerfull with them how easie a matter it will be for a prevalent Faction if they shall have a mind to demand other things hereafter not fit to be granted againe to bring over an Army raised and payed by them into this Kingdome especially so much composed of Our Scottish Subjects And whereas they desire further The nomination of the Lord Lievtenant and other great Officers and Judges in that Kingdome which they also desire in this of England they cannot but know that it must oâ— necessity take away all dependency upon Vs and application to Vs when the power to reward those who are worthy of publique Trust shall be transferred to others and having neither force left Vs to punish nor power to reward We shall be in effect a titular contemptible Prince We shall leave all Our Ministers to the knowne Lawes of the Land to be tryed and punished according to those Lawes if they shall offend but We cannot consent to put so great a Trust and Power out of Vs and we have just cause to conceive that notwithstanding all their speciouâ— pretences this desire of nomination of those great Officers is but a cloke to cover the Ambition of those who having been the Boutefeux of this Rebellion desire to advance themselves and their owne Faction And to that which is said that Our bad choice of Our Lievtenants of Ireland was the losse of many thousand Lives there and almost of the whole Kingdome from Our Obedience They cannot but witnesse who know that Kingdome that during the Government there by Lievtenants of Our Choyce that Kingdome enjoyed more plenty and Peace then it ever had since it was under the subjection to the Crowne of England Traffique by Sea and Trade by Land encreased Values of Land improved Shipping multiplyed beyond beliefe Never was the Protestant Religion more advanced nor the Protestant protected in greater security against the Papists And We must remember them that that Rebellion was begun when there was no Lievtenant there and when the Power and Government which had been formerly used in that Kingdome was questioned and disgraced when those in the Parliament there by whom that Rebellion was hatched were countenanced in their Complaints and prosecution But they are not content to demand all the power over Ireland and the nomination of all Officers but We must also engage Our Selfe to passe such Acts as shall be presented to Vs for raising of Monyes and other necessaries for that Warre Our former readinesse to passe Acts for Ireland because they were advised by the two Houses when they were apparently prejudiciall to Our Selfe and contrary to Our owne Judgement might sufficiently satisfie them We would make no difficulty to consent to such Acts as should be for the good of that Kingdome but they have been already told it was unreasonable to make a generall engagement before we saw the Acts whether reasonable or no and whether those other necessaries may not in truth comprehend what is not onely unnecessary but very inconvenient But the People they say who have trasted them with their Purse will never begrudge what they make them lay out upon that occasion The two Houseâ— indeed were entrusted that Our Subjects should not be charged without them but they never were solely trusted by Our Subjects with a power to chaâ—ge them the care that no pressure in that or any other kind should be upon Our Subjects is principally in Vs without whose consent notwithstanding the late contrary and unexampled practice no such charge can or ought to be levyed and we ought not to give that consent â—ut where it is visible for the good of Our Kingdomes which upon such an unbounded power of raising Monyes may fall out otherwise especially in so unusuall a casâ— as this where those who must have the sole manage of the Warre shall have the sole command of the Purse without any châ—ck or controll upon them But they say againe We have heretofore been possessed against the Parliament for not giving away the Money of the Subject when We had desired it but never yet did We restraine them from it It is true We had no great cause heretofore to restraine the two Houses from giving the Subjects Money to Vs having found more difficulty to obtaine from them three or foure Subsidies then they have met with in raising so many Millions But Our People cannot think themselves well dealt with by Vs if We shall consent to put an unlimited power of raising what Monyes they please in those Persons who have drayned more wealth from them in foure yeares then We beleeve all the Supplies given to the Crowne in 400 yeares before have amounted unto In the last place We wish every man to consider how the Rebels in Ireland can be reduced by War whilst these unhappy distractions continue here whilst contrary Forces and Armies are raised in most parts of this Kingdom and the bloud of Our People is spils like water upon the ground whil'st the Kingdom in wasted by Souldiers and the people exhausted by maintaining them and as if this Kingdom were not sufficient to destroy it self whilest on Army of Scots is brought into the bowels of this Kingdom and maintained at the charg of it whil'st this Kingdom labours under such a War how is it possible that a considerable supply of men or money can be sent into Ireland To this with much fervour of expression they say It must not depend upon the condition of Our other Kingdoms to reveng Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have embrewed their hands in so much Protestant bloud That the Cessation is for their advantage Armes and Ammunition and all manner of Commodities may be brought to them That it is not fit there be any agreement of Peace or respite from hostility with such creatures as are not fit to live more then with Wolves or Tygers or any ravenous Beasts destroyers of mankind We are
most sensible of the bloud and horror of that Rebellion and would be glad that either a Peace in this Kingdom or any other expedient might furnish Vs with meanes and power to do Iustice upon it If this cannot be We must not desperately expose Our good Subjects to their Butchery without meanes or possibility of protection God will in his due time revenge His Owne Quarrell in the mean time His Gospell gives Vs leave in case of War to sit down and cast up the cost and estimate Our power to goe through with it and in such case where prudence adviseth it is lawfull to propose conditions of Peace though the War otherwise might justly be pursued And surely as a Cessation in Ireland may be some advantage to the Rebels as all Cessations in their nature are to both parts they having thereby time and liberty to procure Armes and Ammunition to be brought to them So it is not only for the advantage but necessary preservation of Our good Subjects there whose bleeding dangers call for Our bowells of Charity and Compassion by suspending the rage of the Adversary by this Cessation till meanes may be found to turne their hearts or to disable their malice from pursuing their cruelty to the utter ruine of that remainder of Our good Subjects there it being more acceptable to God and man to preserve a few good men from destruction then to destroy a multitude though in the way of Iustice and perhaps a Cessation may bring some of those Rebels to reflect upon their offences and to return to their duty all are not in the same degree of guilt all were not authors of nor consenting to the Cruelties committed some were enforced to comply with or not resist their proceedings some were seduced upon a beliefe the Nation was designed to be eradicated and the War not against the Rebellion only but their Religion The War destroyes all alike without distinction even innocent Children have suffered not by the Rebels only and all are not Tigers or Wolves there may be grounds of mercy to some though no severity be excessive towards others However We cannot desire the dâ—struction even of the worst of those Irish Rebels so much as We do the preservation of the poore English remaining there But should make choice rather to save the Rebels for preserving the lives of those poore Protestants then destroy them to ruine the Rebels And therefore exceeding strange it is to Vs and we are sorâ—y to find that any English men who have seen this their Native Country heretofore even in Our time flourishing beyond most of the Kingdomes and Churches in the world and now most hideous and deformed weltring in the bloud of her own Children and if this War continue like to be a perpetuall spectacle of desolation should expresse that they desire warre in Ireland as much as they do peace here no more valuing the sparing of English bloud here then they do the effusion of the bloud of the Rebels in Ireland They say indeed they are willing to lay out their Estates and Lives both for the war in Ireland and peace in this Kingdome but withall they say They have made Propositions for both if Our Commissioners would agree to them These are the conditions they offer neither peace is to be had here without agreeing to their Propositions nor that War in Ireland to be managed but according to those Propositions such Propositions as apparently tend to the ruine of the Church to the subversion of all Our Power to the setting up a new frame of popular government to the destruction of Our Loyall and true-hearted Subjectâ— Propositions which associate Our Subjects of Scotland in their Counsells and power and invest them in a great share of the Government and wealth of this Kingdome and render both the wealth and Power of Ireland to be at their command These Propositions they insist upon and for the obtaining these they are resolved to engage the Lives and Estates of Our poore People in this unnaturall Rebellion But We trust God Almighty will open the Eyes and the Hearts of Our People not to assist them any longer against Vs in the shedding innocent Bloud in this Warre And We cast Our Selves on him waiting his good time for the restoring the Peace of Our Kingdomes and Our deliverance from these Troubles which at length We are assured he will give unto Vs. The materiall Faults escaped are these PAg. 8. lin 14. read publique debts and dammages p. 9. l. 13. r. In Commissioners p. 52. l. 3 r. proposed by us to your Lordships p. 55. in the margâ—r n o 164. for 166 p. 57. r. conference by your Lordships p. 98. l. 16. r. perused for produced p. 108. l. 2. r. of Scotland p. 144. in the marg r. 184. for 185. p. 180. r. denied for deemed p. 205. against the last line put n o 136. FINIS