which none but souls prone to any wickedness could believe of so Great a Man were formed of the King and such suspicions raised of Him and His Friends as might force them to some Injuries which hitherto they forbore and by securing themselves increase the Publick fears For Slanders do rather provoke most men than amend them and the provoked think more of their safety than to adjust their actions against their malicious Slanderers And when the minds of Men were made thus sollicitous concerning Dangers from the King to make them more pliable and ductile there was represented to them an inevitable anger of Heaven against the present state of things both in Church and State testified by many Prodigies that were related and portentuous Presages of Ruine Certain Prophecies for a credulity to which the English Vulgar are infamous from unknown Oracles are divulged which aenigmatically describe the King as a Monster and from such a Prince must proceed a change of Government Some vain persons also that gave themselves up to the Imposture of Astrologie were hired to terrifie the People with the unsignificant Conjunctions of Stars and from them to foretel Ruines to the better part of the World and an imminent destruction of Men of the long Robe and Alterations of States These were done to temper the minds of Men by a superstition for a guidance of their Ministers who being conceived to be the Ambassadours of Heaven were supposed to have it in their Commission to declare the Conditions of War and Peace and these either through the same weakness capable of the like terrours with the Vulgar or which is more to be abhorred corrupted as some were by the Caresses and gainful hopes that the Faction baited them with did justifie their Fears and increase them by applying some obscure Prophecies in Scripture to the present times and People compared the pretended Corruptions of our Church with the Idolatries of Israel and whatsoever was condemned in the Holy Records was parallel'd with the things they disliked here and all the Curses that God poured upon His irreconcileable and obdurate Enemies were denounced against such as differ'd from them or would not joyn with the Faction To make these Harangues more efficacious the Authors of them received the Reverence of the Demagogues who despising questioning and exposing to Affronts such sober Divines as would have cured the madness of the People appropriated to such Teachers the Titles of Saints Faithful Ministers Pretious Men and they on the other side made a return of Epithets to their Masters of the Servants of the Most High such as were to do the Work of the Lord That by their Counsels men were to expect new Heavens and a new Earth that they were Men that should prepare the Kingdom for Jesus Christ and lay the Foundations of the Empire of the Saints which was to last a Thousand years To make the Cry yet louder they permitted all Sects and Heresies a Licence of publick profession which hitherto Discipline the Care of the Common Peace and Religion had confined to secret Corners and permitted the Office of Teaching to every bold and ignorant Undertaker so that at last the dreggs of the People Usurped that Dignity and Women who had parted with the Natural Modesty of their Sex would not only speak but also rule in the Church All these in gratitude for their Licentiousness still perswaded to their Hearers the admiration of the Authors of it and bitterly inveighed against those whom the Care both of the Souls and Fortunes of Men would excite to repress them in many of their Raptures denouncing Wo and Judgment to the lawful Governours in Church and State While all these Methods of Ruine were preparing here the same anger of God the same madness of men raised up another Tempest in Ireland For the Popish Lords and Priests of Ireland who were the prime Composers of the Tragedies there were incouraged by the Success of the Scots who by a prosperous Rebellion as the Historian of those Troubles writes had procured for themselves such large Priviledges to an imitation which the present Jealousies in England where mutual Contrasts would employ all their force upon one another promised to be secure And they had an happy opportunity by the Vacancy in Government through the slaughter of the Earl of Strafford with whom the Irish Lords while they prosecuted him in England had removed all those other inferiour Magistrates that were most skilful in the Affairs of that Kingdom by accusing to the Faction some of them of Treason and others of an inclination to the Earl and had got preferred to their charges such as were either altogether unacquainted with the Genius of that People or favourers of the Conspiracy A strength they had also ready for those Eight Thousand which had been listed for the Scotish Expedition were unseasonably disbanded and the King in foresight they might cause some mischief in their own Countrey had therefore promised Four Thousand of them to the King of Spain yet would not the Parliament consent to their departure because as the Irish Lords suggested it would displease the King of France and when the King promised to send as many to the French Camp that likewise was not relished The Common Souldiers of that Army being thus made useless and therefore like Men of their employment most fierce when they were to be dismissed from the dangers of War were easily drawn into the Rebellion although very few of their Officers were polluted with the Crime The Irish Lords and Priests being allured by these our Vices and these several opportunities began their Rebellion Octob. 23. The Irish throughout that whole Kingdom on a sudden invading the unprovided English that were scattered among them despoiling them of their Estates Goods and many thousands of their Lives without any respect of Sex Age Kindred or Friendship and made them as so many Sacrifices to their bloody Superstition They missed but a little to have surprised Dublin But their Conspiracy being detected there and in some few other places the English name and interest was preserved in that Kingdom till they could receive Succours from hence The King had the first Intelligence of it in its very beginnings in Scotland and thereupon sent Sr James Stuart to the Lords of the Privie Council in Ireland to acquaint them with His Knowledge and Instructions and to carry all that Money that His present Stores could supply Besides He moves the Parliament of Scotland as being nearest to a speedy help who decline their Aids because Ireland was dependent upon the Crown of England At the same time also He sends post to the Parliament of England who less regard it the Faction applauding their Fortune that new Troubles were arisen to molest the King and that the Royal Power being thus assaulted in all three Nations there must shortly arise so many new Commonwealths Besides that it yielded fresh matter of reproach to His Majesty to whose Councils
they alledged by evil Counsellors did raise Forces and by them mastered their Adversaries in that Parliament such as it was for it was held and kept with force how good use soever hath been made of the Precedents therein they procured a special Act of Pardon for their raising of Men and that those Assemblies should not be drawn into example for the time to come And as no Man can levy War or raise Forces without the King so much less against the personal Commands of the King opposed thereunto For by the Statute of the 25. year of King Edward the Third which is but declaratory of the old Law in that point it is Treason to levy War against the King in His Realm Within the construction of which Statute it is true which was said in the late Declaration under the name of both Houses of Parliament of the 26. of May last levying War in some sense against the King's Authority though not intended against His Person is levying War against the King And therefore the raising of Forces though upon pretence of removing of some evil Counsellors from about the Queen hath been adjudged Treason in the Case of the late Earl of Essex in the Reign of Queen Elizabeth and in divers other Cases And We wish all Our Subjects to consider whether if Men shall be raised contrary to Our Proclamation and against Our Will it be not against Our Authority But it is as true and was never denied but in that Declaration that the raising of Forces against the King's personal Command being no Ideot nor Infant uncapable of understanding to Command being accompanied with His Presence is and is most properly levying of War against the King For if it be a sufficient pretence for raising of Men against the King's Person that it is for the defence of the King's Authority and of His Kingdom though against His express Command and Proclamation the Irish Rebels will have colour for their horrid Rebellion for they say though it be notoriously false it is for the defence of the King's Authority and of His Kingdom And Wat Tyler and Jack Cade and Kett the Tanner wanted not publick Pretences which were perhaps just causes of Complaints though not of raising of Men. And though these persons have gone about subtilly to distinguish betwixt Our Person and Our Authority as if because Our Authority may be where Our Person is not that therefore Our Person may be where Our Authority is not We require all Our good Subjects to take notice of the Law which is in print and full force That their Allegiance is due unto the natural Person of their Prince and not to His Crown or Kingdom distinct from His natural Capacity and that by the Oath of Ligeance at the Common Law which all persons above the age of twelve years are or ought to be sworn unto they are bound to be true and faithful not to the King only as King but to Our Person as King CHARLES and to bear Us truth and faith of Life and Member and earthly Honour and that they shall neither know nor hear of any ill or damage intended to Us that they shall not defend And that when in the time of King Edward the Second Hugh Spencer being discontented with the King caused a Bill to be written wherein was contained amongst other things That Homage and the Oath of Allegiance was more by reason of the King's Crown that is His Kingdom than of His Person and that seeing the King cannot be reformed by suit of Law if the King will not redress and put away that which is ill for the Common People and hurtful to the Crown that the thing ought to be put away by force and that His Lieges be bound to Govern in aid of Him and in default of Him he was condemned for it by two Parliaments and perpetually banished the Kingdom We have made mention of these Cases not so much to clear Our Right that We alone have the power of raising Forces and none of Our Subjects either in Parliament or out of Parliament against Our Will or personal Command which We think no Man that hath the least knowledge in Our Laws and is not led away by private Interests and may speak his mind freely will deny nor was ever questioned in any Parliament before this time as to let them see how dangerous the effect and consequence of raising of Forces without Us may be unto Us and to the Commonwealth under pretence of Defence of both And though We cannot doubt of the Affections of Our good Subjects considering their Interest is involved with Ours and how precious the Peace of the Kingdom is and ought to be unto them and that according to the words of the Statute of the eleventh year of King Henry the Seventh and the eighteenth Chapter by the duty of their Allegiance they are bounden to serve and assist Us at all seasons when need shall require Yet to the end that Our good Subjects may know what their Duty is and what We expect from them and that all others who through Malice or private Interests shall be transported beyond their Duties may be left without excuse We do therefore by this Our Proclamation charge and command all Our Subjects upon their Allegiance and as they tender Our Honour and Safety and the Peace and Safety of the Kingdom that they presume not to raise or levy any Horses Horsmen or Arms or any Forces whatsoever by colour of any Authority whatsoever without Our express pleasure signified under Our great Seal other than such as shall be raised levied and imprested by the Order as well of Our Self as of both Houses of Parliament according to an Act made this Sessions intituled An Act for the better raising and levying of Soldiers for the present defence of the Kingdoms of England and Ireland by Justices of Peace and otherwise in such manner as is prescribed in the said Act or Contribute or give any Assistance in Money Plate finding of Horses Horsmen or Arms or any other ways to or for any such Preparation Levie or Forces And that such of Our good Subjects who through Ignorance have been mis-led to consent or subscribe to any such Levie Contribution or Assistance forthwith upon publication of this Our Proclamation desist from continuing such their Contribution or Assistance or giving any countenance to any such Levies at their utmost perils And We do likewise streightly charge and command as well all Our Sheriffs Justices of Peace Mayors Balliffs Constables and all other Our Officers whatsoever that they use their utmost endeavours as well for publishing this Our Proclamation as for the suppressing of all Levies or Forces raised or to be raised without or against Our consent as also all other Our loving Subjects that they be attending aiding and assisting Our said Officers and Ministers therein as they and every of them will answer it at their utmost perils Given at Our Court at York
by His Majesty or us in order to Peace here being so great a Condescending from a King to Subjects all indifferent Advantages left to them both for time and place of Treaty and choice of Persons to Treat But what their Intentions to Peace are will appear by their Letter enclosed in one from their General to the Earl of Forth both which are as followeth My Lord I Am commanded by both Houses of Parliament to send a Trumpeter with the inclosed Letter to His Majesty which I desire your Lordship may be most humbly presented to His Majesty I rest Essex-House March 9. 1643. Your Lordships humble Servant Essex May it please Your MAJESTY WE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from Your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the Contents of a Letter from the Earl of Forth unto the Lord General the Earl of Essex we conceive was intended to our selves have resolved with the concurrent advice and consent of the Commissioners of the Kingdom of Scotland to represent to Your Majesty in all humility and plainness as followeth That as we have used all means for a just and safe Peace so will we never be wanting to do our utmost for the procuring thereof But when we consider the Expressions in that Letter of Your Majesty's we have more sad and dispairing thoughts of attaining the same than ever because thereby those Persons now assembled at Oxford who contrary to their Duty have deserted Your Parliament are put into an equal Condition with it and this present Parliament convened according to the known and Fundamental Laws of the Kingdom the continuance whereof is established by a Law consented unto by Your Majesty is in effect denied to be a Parliament The Scope and Intention of that Letter being to make provision how all the Members as is pretended of both Houses may securely meet in a full and free Convention of Parliament Whereof no other conclusion can be made but that this present Parliament is not a full nor free Convention and that to make it a full and free Convention of Parliament the presence of those is necessary who notwithstanding that they have deserted that great Trust and do levy War against the Parliament are pretended to be Members of the two Houses of Parliament And hereupon we think our selves bound to let Your Majesty know That seeing the Continuance of this Parliament is settled by a Law which as all other Laws of Your Kingdoms Your Majesty hath sworn to maintain as we are sworn to our Allegiance to Your Majesty these obligations being reciprocal we must in duty and accordingly are resolved with our Lives and Fortunes to defend and preserve the Just Rights and full Power of this Parliament And do beseech Your Majesty to be assured that Your Majesty's Royal and hearty Concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting Peace in all Your Majesty's Dominions and of begetting a perfect understanding between Your Majesty and Your People without which Your Majesty's most earnest Professions and our most real Intentions concerning the same must necessarily be frustrated And in case Your Majesty's three Kingdoms should by reason thereof remain in this sad and bleeding Condition tending by the continuance of this unnatural War to their Ruine Your Majesty cannot be the least nor the last Sufferer God in his goodness incline Your Royal Breast out of pity and compassion to those deep Sufferings of Your Innocent People to put a speedy and happy issue to these desperate Evils by the joynt Advice of both Your Kingdoms now happily united in this Cause by their late solemn League and Covenant Which as it will prove the surest Remedy so is it the earnest prayer of Your Majesty's Loyal Subjects the Lords and Commons assembled in the Parliament of England Westminster the 9 of March 1643. Gray of Wark Speaker of the House of Peers in Parliament pro tempore William Lenthall Speaker of the Commons House in Parliament Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming Language in them to call His Majesty's earnest endeavours for Peace but Professions and their own feigned pretence most real Intentions but much more menacing Language that is Majesty cannot be the least or last Sufferer which expressions from Subjects in Arms to their Soveraign what dangerous Construction they may admit we are unwilling to mention But we need not wonder at the manner of their expressions when we see in this Letter the Parliament it self as far as in them lies destroyed and those who here style themselves the Lords and Commons assembled in the Parliament of England not to resolve upon their Answer to their King without the concurrent advice and consent of the Commissioners as they call them of the Kingdom of Scotland If they had only taken the Advice of the Scotish Commissioners they had broken the Fundamental Constitution of Parliament the very Writs of Summons the Foundation of all Power in Parliament being in express terms for the Lords to treat and advise with the King and the Peers of the Kingdom of England and for the Commons to do and consent to those things which by that Common-Council of England should be ordained thereby excluding all others But their League it seems is gone further the Scots must consent as well as advise so that they have gotten a negative voice and they who in the former Letter would be the Kings only Council are now become no Council without the Scotish Commissioners The truth is they have besides the solemn League and Covenant with the Scots which their Letter mentions a strange and traitourous presumption for Subjects to make a Covenant and League with Subjects of another Kingdom without their Prince made private bargains with the Scots touching our Estates and a private agreement not to treat without their consent as some of themselves being afraid of a Treaty openly declared to the Common-Council of London And therefore 't is no wonder that being touched to the quick with the apprehension that they are not nor can be in this condition a full and free Convention of Parliament they charge us with deserting our Trust and would have us to be no Members of the Parliament They may remember it was our want of freedom within and the seditious Tumults without their many multiplied Treasons there and imposing traitourous Oaths which inforced our absence But concerning that and the want of freedom in Parliament we shall say no more here that being the Subject of another Declaration only we wish them to consider by what Fundamental Laws of the Kingdom which they have lately wrested to serve all turns they can exclude us from our Votes in Parliament who were duely summoned chosen and returned Members of Parliament and
what business soever without leave from the Earl of Essex in pursuance of which Order though the same passed only the Commons a sworn Messenger of His Majesty's hath been barbarously put to death for carrying a Legal Writ to London we thought any address for Peace would most successfully pass through His hands and that when we had considered how unhappily he had been made an Instrument of so much Blood and Devastation he would with great chearfulness have interposed in a business of Reconciliation and at least have met us half way in so blessed a Work and therefore with His Majesty's leave which He most readily and graciously gave us and for which we doubt not He shall receive the Thanks and Prayers of all His good Subjects we direct a Letter to that purpose to him signed under our hands Whosoever reads that Letter and we hope it will be read by all men will bear us witness and it will be a Witness against those who have rejected it that we have done our parts In stead of vouchsafing us any Answer or proposing us any other way towards Peace if that which we proposed was not thought convenient he writes a short Letter to the Earl of Forth General of His Majesty's Army acknowledging the receipt of ours but saying that it neither having Address to the two Houses of Parliament nor therein there being any acknowledgement of them he could not Communicate it to them whereas the Address was in the way prescribed prescribed under pain of Death no Address being allowed as aforesaid but by the Earl of Essex and he being desired to represent to and promove with those by whom he is trusted our most sincere and earnest desire of a Treaty so that if there had been the least inclination to or enduring of an Overture of Peace he might have as easily communicated it to all those by whom he is instrusted as to a Committee by whose Advice 't is well known his Answer was sent and with it and as part of it a Paper intituled The Declaration of the Kingdom of Scotland and A Declaration of the Kingdoms of England and Scotland and another A solemn League and Covenant the Declarations and Covenant being against the King of both Kingdoms without the consent of and against the major part of the Nobility and we are confident the Gentry and Commonalty of This. And if his Lordship would make good his own Letter and spend his Blood or but use his endeavour for the maintenance of the Parliament of England being indeed the foundation whereupon all Our Laws and Liberties are supported we should not Treat at this distance at least a Treaty would not have been rejected We suffered not Our Selves to be discouraged with this refusal but a safe Conduct was desired for two Gentlemen against whom there neither was nor could be the least exception to go to Westminster to present such Propositions as might best conduce to the Peace of the Kingdom conceiving that by such means our meaning and intentions might best appear and all formalities and unnecessary insisting and mistakes upon words might be removed This safe Conduct which hath never been denied by His Majesty or His Generals to any person who hath desired to have admittance to Him was likewise absolutely refused by the Earl of Essex yet with some expressions That if any Propositions should be sent to those by whom he was intrusted he would use his utmost endeavours to advance the Peace which though it seem'd nothing agreeable to his former Answers obtained yet so much credit with us that we besought His Majesty once more in His own Royal Name to press and desire a Treaty and to direct His Message under such a Title that they who call themselves the two Houses of Parliament could not take any Exception but should be compelled to return some Answer or other And an Answer it hath drawn from them but such an one as will sufficiently inform the World if there could yet have remained any doubt of it how much they are Enemies to Peace Those Answers Declarations and that Covenant are likewise publick to all men God and the World must judge between us In the mean time we must without bitterness or sharpness of Language to which neither example or provocation shall transport us tell these men That most of us are too well known even to themselves to be suspected to incline to be either Papists or Slaves or that we can possibly be made Instruments to advance either Popery or Tyranny And since the defence of the Religion Laws and Liberties of the Kingdom seems to be and in truth is on our part the Argument of this bloody Contention and that we are endeavouring all ways to destroy one another in the behalf of that we all do or all pretend to desire we think our selves obliged to Truth to the present Age and to Posterity to let the World know That as we are much more tender of the Religion Laws and Liberty of the Kingdom than of our Lives and Fortunes so the uneasie Condition wherein we are and the heavy Judgments and Proscriptions imposed on us by our Equals have proceeded and been caused from that Conscience Loyalty and Duty in which we have been Born and Bred and from which we could not swerve without the manifest breach of our Allegiance and those civil Oaths we are obliged by As we hope will appear to all men by this our ensuing Declaration We shall pass over only acknowledging His Majesty's abundant care and favour to His People those excellent Laws made this Parliament for the vindication and removal of those Mischiefs and Inconveniences which seemed to threaten our Rights and Liberty to all which there are very few amongst us who concurred not fully however we are now traduced with the negligence of both and that most gracious Offer of His Majesty to consent to an Act for the ease of tender Consciences in matters indifferent which if it had been accepted would have prevented many of the Miseries have since besallen this poor Kingdom And because the Name and Privilege of Parliament is pretended in defence of those Actions which are done contrary to the known Laws by which only Right and Wrong can be measured and determined and by that venerable Name many of our Companions and Friends have been led into unwarrantable Actions before we come to consider the state and condition of the Religion Laws and Liberty of the Kingdom by these Distractions we shall let the World know how much the inherent and essential Privileges of Parliament have been violated how we being called by His Majesty and trusted by our Country with their Suffrages in that Council hath been driven and are now kept from the place whither we were first called by His Majesty and where some Members still sit and lastly how far this miserable and to say no more this unjustifiable Civil War and this desperate and odious Invasion of a
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
from His Majesty's Loyal Subjects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty that a Treaty is to begin and wherein we also observe you have no Power thereby to Treat upon the Propositions sent to His Majesty from His humble and Loyal Subjects assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Majesty to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their Returns to His Majesty We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January VVE conceive our Power being to Treat upon the Propositions brought by the Earl of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdoms there need no mention of the Parliaments of both Kingdoms in that place but that our Power is ample to Treat with your Lordships upon the whole both by express words and by other general words in the Commission which give power to Treat upon those Propositions or any other which general words are not observed by your Lordships in your Paper and our Power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the mean time if your Lordships please we desire the Papers promised yesterday in the Paper delivered by the Earl of Northumberland may be delivered unto us that there may be as little loss of time as may be Their Reply 31. January IN Answer to your Lordships Paper concerning your power to Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplied by Tuesday next On Munday the third of February the King's Commissioners did deliver their Commission renewed as followeth CHARLES R. VVHereas certain Propositions were sent unto Us from the Lords and Commons assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesty's former Commission Touching the Manner of the Treaty The King's Commissioners Paper 31. January WE desire to the end there may be a greater freedom in debate which we conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Jan. WE shall deliver our demands and Answers in writing and desire your Lordships to do the like The King's Commissioners Reply 1. February WE desire a full Answer of our Paper that nothing shall be taken as agreed upon but what is put in writing and your Concurrence in declaring That what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudicial to either Party if the Treaty break off Their further Answer 1. February ACcording to our former Paper we shall deliver our Demands and Answers in writing and we desire your Lordships to do the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off 3. February IN Answer to Your Lordships Paper formerly delivered we do declare that what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudicial to either Party if the Treaty break off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The King's Commissioners Paper 31. January WE have certain Information from divers Persons present in Vxbridge Church yesterday that there was then a Sermon preached by one Mr. Love in which were many passages very Scandalous to His Majesty's Person and derogatory to His Honour stirring up the People against this Treaty and incensing them against us telling them That we come with hearts full of Blood and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesty's hearty desire of a happy and well-grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as Himself and we that are entrusted by His Commission come with clear Intentions to serve Him in it according to our Consciences and the best of our Judgments And this being preached in your Quarters where we are now under safe Conduct we desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty And therefore we desire Justice against the Man that he may have exemplary Punishment Their Answer 31. Jan. TO the Paper delivered in by your Lordships this day concerning the Information received of several Scandalous passages preached in a Sermon in Vxbridge Church by one Master Love we do return this Answer That the said Master Love is none of our Retinue nor came hither by any privity of ours That we conceive it most reasonable and agreeable to the business we are now upon that all just occasions of Offence on either part be avoided and as it hath been our desire so it shall be our endeavour to take the best care we can to prevent all prejudices upon the present Treaty which may blast the blessed hopes thereof or may beget any just offence and distrust in His Majesty and shall be as tender of the Safety of your Lordships Persons according to the safe Conduct as of our own We shall represent your Lordships Paper concerning this business if your Lordships so desire unto the Lords and Commons assembled in the Parliament of England who will proceed therein according to Justice The King's Commissioners Reply 1. February VVE insist upon our former desire concerning the Sermon preached by Mr. Love and must refer the way of doing Justice to your Lordships and if
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
time such a mutual Confidence may be begot betwixt His Majesty and all His People that the Peace will be firm and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said term of three years from the time of the issuing the said Commission they shall not presume to continue any execution of the said Authority and it shall be high Treason in any of them to execute the said Authority after the expiration of the said three years And all the Commanders in chief of the Garrisons Forts and His Majesty's Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have Power to prevent the violation of the Articles of Peace or any Troubles arising in the Kingdom by breach of the said Articles and to hear and determine all differences that may occasion the same We shall be willing that any just Privileges and Immunities be granted by His Majesty to the City of London as being the chief City of this Kingdom and the place His Majesty desires to honour with His most usual and most constant Residence But we conceive it too envious a thing and may prove very prejudicial to the Happiness of that great City to distinguish it in a matter of so high importance as the business of the Militia from the Authority that the whole Kingdom is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed half by His Majesty and the other half by the two Houses we do then propose to your Lordships that the said persons who shall have the said Powers in manner and form above mentioned may be named by mutual consent upon Debate between us in which consideration may be taken of the fitness or unfitness of those who shall be named And in case that any of them who shall be thus agreed upon shall die within the said term of three years the survivers or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present Distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the settling this according to the present Agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt Consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this Paper 6. Feb. WE shall be ready against the time that the Militia is again in order to be Treated upon to give your Lordships an Answer to your Demands concerning the Militia of the Kingdom of Scotland the which for the present we have not had time to do having wholly spent these three days in the perfecting the Paper delivered to your Lordships this day and the Debates in preparation thereof And at the same time their Commissioners delivered in this Paper 6. Feb. YOUR Lordships Paper which we have received so late at the end of the third day appointed to Treat upon the Militia on which we expected a satisfactory Answer to our Demands concerning it is very far differing from what we have proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and wherein we cannot but observe that the Kingdom of Scotland is wholly omitted We do therefore insist upon our Paper formerly delivered concerning the Militia and desire your Lordships full and clear Answer being ready by Conference to remove all Objections which may be made to the contrary The King's Commissioners Answer thereupon 6. Feb. VVE conceive the Paper delivered by us to your Lordships may justly satisfie your Lordships for the securing the Peace of this Kingdom against all Forces that may any ways endanger it at home or from abroad and for securing the performance of all things that shall be agreed in this Treaty and we are ready by Conference to make the Reasonableness thereof appear and to receive any Reasons from your Lordships to the contrary And as touching Scotland we hope your Lordships will be satisfied by the last Paper we delivered to you Their Paper 6. Feb. IN our last Paper we insisted upon our former demands for the Militia and offered by Conference to satisfie your Lordships of the Reasonableness of them if any Doubts remained with you to the contrary which we are still ready to do they being the proper Subject of this part of the Treaty And whereas your Lordships have in your Paper referred what concerns the Kingdom of Scotland unto another time and seem to intend it a several Answer both Kingdoms being united in the same Cause and under the same Danger and mutually providing for the joynt Safety and Security of both and each other our Propositions are joyntly made by both and are inconsistent with a divided Answer The King's Commissioners Answer 6. Feb. WHereas your Lordships have offered in your last Paper to satisfie us by Conference of the Reasonableness of your Demands if any Doubts remain with us to the contrary We desire to receive satisfaction by Conference that it is reasonable for us to grant the nomination of the Persons by the two Houses only and that the Time ought not to be limited Their Paper 6. Feb. AS we have given to your Lordships our Propositions for the Militia of both Kingdoms in writing so do we again desire your Lordships full and clear Answer to them both in writing and we are ready to answer any Doubts you shall make upon them in order as we delivered them and as they do relate to both Kingdoms but we cannot Treat upon your Lordships Answer which divides them The three first day allotted for the Treaty upon the Militia being spent and that Subject resumed upon Friday the 14 th Saturday the 15 th and Monday the 17 th of February in those days divers Papers were delivered and some Debates had touching the nomination of the Persons who were to be intrusted with the Militia whether they should all be nominated by the two Houses only and touching the Time how long they should have it and whether the same should be unlimited as it was in the Propositions or be limited to a certain time as likewise concerning the Powers of the English and Scotish Commissioners for the Militia which are so intermingled in the Propositions that it was not well understood upon the Propositions how far the Commissioners of one Kingdom and their Power might extend unto and have influence
the latter part what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace and by what Law and Rule they shall proceed to hear and determine the same is clearly set down in our further Answer of the 15. of this instant to your second Paper delivered in to us the day before The King's Commissioners Answer thereunto 17. Feb. VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms or to the Power of the Commissioners of both Kingdoms as they are to be a joynt Committee to hear and determine all differences according to Instructions from both Houses of Parliament of England or the Estates of the Parliament of Scotland before your Lordships are pleased to inform us whether you intend the Commissioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice Instructions or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to those Propositions otherwise than as the said Advice Instructions or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of the Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same In all which particulars we are very sorry that we can receive no Answers from your Lordships for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions as otherwise we might be enabled to do Their Reply 17. Feb. IT is clearly expressed in our Propositions delivered to your Lordships that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parliament of England and in the Kingdom of Scotland by the Estates of the Parliament there and we conceive that the Advice Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland and for the Jurisdiction of the Commissioners and by what Law or Rule they shall proceed we have given your Lordships a full and clear Answer thereunto in our 5. Paper of the 15. of February The King's Commissioners Paper 17. Feb. IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty for the settling of the Garrison of Berwick of the 29 of Novem. 1643. which relating to the business of the Militia we hold it necessary to see before we can make our full Answer upon the whole and desire it accordingly of your Lordships Their Answer 17. Feb. AS for what concerns the Act for Confirmation of the late Treaty and for setling the Garrison of Berwick it is not now to be Treated upon but is reserved to its proper time The King's Commissioners Paper 17. Feb. VVE desire to know whether by the joynt Power mentioned in your Lordships Propositions to be given to the Commissioners for both Kingdoms to preserve the Peace between the Kingdoms and the King and every one of them your Lordships do intend any other than Military power for suppressing Forces only which is expressed after in a distinct Clause by it self and if your Lordships do intend any further Power that your Lordships would declare the same in certainty and particular Their Answer 17. Feb. VVE conceive the Power of the Commissioners mentioned in the 17. Proposition is there fully expressed to preserve the Peace betwixt the Kingdoms to prevent the violation of it or any Troubles arising in the Kingdoms by breach of the Articles and to hear and determine all differences which may occasion the same according to the Treaty and to raise Forces to resist Foreign Invasion and suppress intestine Insurrections as is more at large set down in the Proposition to which we refer your Lordships The King's Commissioners Paper 17. Feb. VVE desire to know whether the Commissioners of both Kingdoms meeting as a joynt Committee the Commissioners of each Kingdom shall have a Negative Voice so as nothing can be done without their joynt consent in matters of joynt concernment and how and by whom it shall be decided what are cases of joynt concernment to both Kingdoms Their Answer 17. Feb. IN all matters of joynt concernment the Commissioners of both Kingdoms are to act joyntly and when they shall meet as a joynt Committee upon such matters of joynt concernment the Commissioners of each Kingdom are to have a Negative Voice and in doubtful cases not expressed in the 17. Proposition to be of joynt concernment where the Commissioners cannot agree whether or no they be of joynt concernment they are to represent them to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively to be by them determined if they be sitting and in the Intervals of Parliament if the cases be such as cannot without prejudice to both or either Kingdom admit of delay we conceive the Commissioners of each Kingdom are to act severally and to be accomptable for it to the two Houses of Parliament of England and the Estates of the Parliament of Scotland respectively at their next sitting The King's Commissioners Paper 17. Feb. VVE desire to know whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament such as both Kingdoms may confide in your Lordships do intend that the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England both at present and from time to time as the Commissioners shall dye or be removed or altered Their Answer 17. Feb. VVE conceive it to be plain by the Proposition it self that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom and neither Parliament hath power to except against or approve the persons chosen by the other and we are confident there will be no cause of exception but who are chosen by either will be such as both may confide in The King's Commissioners Paper 14. Feb. VVE desire to know whether your Lordships intend by your Proposition concerning the settling of the Admiralty of Scotland by Act of Parliament to alter the inheritance of any person which is
already settled by the Laws of that Kingdom Their Answer thereunto 15. February TO your Lordships fourth Paper of the 14. of Feb. it is answered that by our Propositions for settling the Admiralty of Scotland by Act of Parliament it is intended that the Admiralty and Forces at Sea c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that Kingdom And as touching the inheritance of any person which is already settled by the Laws of that Kingdom the Estates of Parliament will do that which is agreeable to Justice The King's Commissioners Paper 15. February VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland and if they do not that your Lordships will deliver the rest that we may make our Answers upon the whole Their Answer 15. Feb. VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland is delivered in to your Lordships except the 23. Proposition and the last Article in the 26. Proposition which are reserved for their proper place After all these passages the King's Commissioners delivered in this Paper in further Answer to their Propositions concerning the Militia 17. Feb. VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms and the other particulars mentioned in our Papers since delivered to your Lordships wherein we are not as yet satisfied by any Papers delivered by your Lordships to us Our further Answer to those Propositions concerning the Militia is That we are willing and do agree that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February and as shall be hereafter agreed on for the Kingdom of England which we conceive to be a full security for the performance and observation of all Articles which shall be agreed upon between us in order to a blessed Peace which we are so desirous may be punctually and exactly observed that we are willing that His Majesty be desired to take a most solemn strict Oath for the full observation thereof and likewise that all persons of any immediate trust by office or attendance on His Majesty and any other whom you shall think fit shall take such Oath for the due observance of the same with such reasonable Penalties as shall be proposed by your Lordships and agreed to by us in which we believe we shall not differ with your Lordships being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us may be looked upon and accounted as most pernicious Enemies to King and Kingdoms And if it shall be thought necessary to make any additional settlement of the Militia with a general reference to the good of the Kingdoms respectively we desire the same may be done after the Peace established by the joynt consent of His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament of Scotland respectively And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom and a perfect Amity with them and shall not desire any change of or to intermeddle in their Laws or Government or give them cause to apprehend any disturbance or violation of them from this Kingdom so are we obliged with all tenderness to preserve the Honour Dignity and Constitution of this Realm And therefore as we are yet satisfied we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland or any advice from thence shall have any influence upon the Militia of this Kingdom or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification And we offer to your Lordships considerations whether unless there could be an union of the Laws of both Kingdoms such a mixture of Power as is now proposed and the influence thereof both upon Martial and Civil affairs may not prove very inconvenient and prejudicial to both Kingdoms and give cause of Jealousies to each other to the disturbance of that mutual Amity so much desired But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships we propound that the same may be settled as after a Peace established shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England and of His Majesty and the Estates of the Parliament of Scotland and if your Lordships shall insist on any thing further for necessary Security we shall apply our selves to the consideration thereof if we shall have further time so to do according to our desires grounded upon His Majesty's Letter Their Paper 17. Feb. WE do conceive that we have in our former Papers punctually satisfied your Lordships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by your Lordships And what your Lordships now offer concerning the Militia of the Kingdom of Scotland that the like course shall be taken in it as is expressed in your Lordships Paper of the 6 th of Feb. to be observed for the Militia of this Kingdom your Lordships may remember that in our Answer to that Paper we told your Lordships it was differing from what we had proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and it cannot be expected that what was so then for the Kingdom of England should now be thought other for the Kingdom of Scotland And though both Kingdoms be now united in the same Cause and labouring under the same Dangers and therefore necessitated to a mutual and reciprocal Assistance of each other had proposed a joynt remedy and security by that Commission desired in our 17 th Proposition we find your Lordships say that as yet you are satisfied you cannot consent unto it To which we answer That we believed we had given your Lordships such convincing Reasons as might have satisfied you and we doubt not but they may if you will recollect your memories concerning them and rightly weight them This being the last day we are to Treat upon this Subject it cannot be expected and as we conceive it is altogether needless to use any more Arguments we do therefore desire your Lordships will be pleased now at the last to give us your full and positive Answer to our Demands as we have often already pressed your Lordships And whereas your Lordships do propound that if we shall further insist upon the
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
continue the Wounds of the Nation open and bleeding since there were many Forts yet held out for the King by Gallant Persons besides the Lord Hopton had an Army yet unbroken and Ormond and Montross had considerable Interests in Ireland and Scotland all which might be perswaded in a Treaty to part with those Arms which could not be taken from them without much blood and it was the common belief that these Men sought for Victory not Peace and Liberty which was now tendred therefore to raise suspicions in the Vulgar it is suggested that the Cavaliers who came to Compound would take the advantage of the King's Presence if he were permitted to be there and kindle a new Flame and War in the City And that it might be thought they had real grounds for these fears the disarmed Compounders were commanded to depart above twenty Miles from London and to injealous the People more all the transactions of the King in the Irish Pacification were published and amplified with the malicious Slanders and Comments of the implacable and conscious Demagogues that so the terrours of the Vulgar being augmented they might be frighted into a longer patience The King finding these men irreconcileable to Peace and that they had declared against His Coming though without a Caution tries the Leaders of the English Army but they proved no less pertinacious and were now approaching to besiege Oxford Providence not leaving any more Choice but only shewing Him a way for a present Escape He goes in a Disguise which when Necessity cloaths Royal Persons with seems like an Ominous Cloud before the Setting of the Sun to the Scottish Camp that was now before Newark where the Ambassadour of the King of France who was then in the Leaguer had before covenanted for His Majestie 's Safety and Protection and the Scottish Officers had engaged to secure both Him and as many of His Party as should seek for Shelter with them and to stand to Him with their Lives and Fortunes The King being come thither May 4. made a great alteration in Affairs An. 1646 Newark was surrendred by the King's Command and St Thomas Glemham having gallantly defended Oxford till the Besiegers offered Honourable Conditions delivered up that also But the greatest Change of Counsels were at London where when it was related among whom the King had sought a Sanctuary various and different Discourses were raised Some wondred that His Majesty had sought a refuge there where the Storm began and how He could apprehend to find Relief from those that were not only the Authors of His Troubles but now the great Advancers of His Overthrow And they conceived no Promises or Oaths can be a sufficient Caution from those People that have been often Persidious Others judged that in those Necessities wherein the King was concluded it was as dangerous not to trust as to be deceived no Counsel could be better than to try whether a Confidence in them would make them faithful and whether they would then be honest when they had the Critical Opportunity to testifie to the World that they intended not what they did but what they said That they fought not against Him but for Him But a last sort bewailed both the greatness of the King's Dangers that should make Him seek for Safety in a tempestuous Sea and false bottom as also the debaucheries of the English Genius which was now so corrupted that their Prince was driven to seek an Asylum from their injuries among a People that were infamous and polluted with the Blood of many Kings While others discoursed thus of the King's journey the Parliament heated by the Independents fiercely declared against the Scots who were removing the King to Newcastle and used several methods to make them odious and drive them home For they kept back their Pay that they might exact free-Quarter from the Countrey then they did extenuate their Services derogate from their famed Valour upbraid them as Mercenaries threaten to force them out by the Sword All which while the English Presbyterians though they wish'd well to their Brethren yet lest they should seem to indulge the Insolencies of a strange Nation did not dare to plead in their defence But the Scots themselves for a time did justifie their Reception and Preservation of His Majesty by the Laws of Nature Nations and Hospitality which forbid the delivery and betraying of those that have fled to any for Succour The Democratick Faction urged that it was not lawful for the Scots their Hirelings and in their Dominion to receive the King into their Camp without the leave of their Masters and keep Him without their Consent These Debates were used to raise the King's price Which when the Scots were almost assured of to make their ware more valuable they sollicit the King in hopes of their Defence to command Montross to depart-from his noble Undertakings in Scotland where he had almost recovered the Overthrow Roxbrough and Traquaire had betrayed him unto and was become formidable again as also the Loyal Marquess of Ormond to desist from his gallant Oppositions both of the Irish Rebels and English Forces Which when the King had done being not willing those Gallant Persons should longer hazard their brave Lives and after both these Excellent Leaders had more in anger than fear parted with their unhappy Arms that they might have a colour of betraying Him whom the General Assembly of Scotland which useth to hatch all the Seditions to the heat and strength of a seeming Authority had forbid to be brought into His Native and Ancient Kingdom as He affectionately call'd it they tender Him the Covenant pretending without that Chain upon Him they did not dare to lead Him into Scotland This His Majesty refused not if they would first loose those Scruples of Church-Government which lay upon His Conscience Therefore to untie those Knots Mr. Henderson that was then the Oracle of the Kirk and the great Apostle of the Solemn Covenant was employed to converse with Him But the Greatness of the King's Parts and the Goodness of His Cause made all his attempts void for the Papers being published every one yielded the Victory to His Majesty and unfortunate for he returned home and not long after died as some reported of a Grief contracted from the sense of his Injuries to a Prince whom he had found so Excellent While these things were acting at Newcastle the bargain was stroke at London and for 200000 l. His Majesty stripp'd of those Arms He had when He came among them was deliver'd up as it were to be scourged and crucified to some Commissioners from the Parliament But to honest their Perfidiousness they add this Caution That there should be no attempt made upon the King ' s Person but being entertained at one of His own Palaces He should there be treated with upon Propositions from both Nations which should speedily be sent to Him But the Parliament never though of sending any Propositions till He
to be gained but by the Publick Ruine they fly from Prayers to Arms and intitle their just War For the Liberty of King and People And in several places as in Kent Essex Suffolk Norfolk Cornwall Yorkshire Wales and at last in Surrey multitudes take Arms for this Righteous Cause The Navy also fall off and setting Rainsbrough their levelling Admiral on Shore seventeen Ships deliver themselves up to the Prince of Wales The Scots likewise by an Order of their own Parliament send into England to recover the Liberty and Majesty of the King an Army under Hamilton But all was in vain God had decreed other Triumphs for His Majesty and to translate Him to another Kingdom For the English being but tumultuarily raised having no train of Artillery nor Ammunition considerable were soon supprest by a veterane Army provided with all necessaries The Scots either through weakness or wickedness of their Commanders who made so disorderly a March that their Van and Reer were forty miles asunder were easily worsted by Cromwell who surprised their main Body and Hamilton was taken Prisoner Cromwell follows the scattered Parties into Scotland where they were likewise assaulted by Argyle a domestick Enemy and forced to submit those Arms the Parliament had put into their hands to the Faction of that false Earl who calls another Parliament from which all were excluded that in the former Voted for the King's Delivery and all the Orders of that Convention made void Cromwell had the Publick Thanks and the private Faith of Argyle to endeavour as opportunity permitted the extirpation of Monarchy out of Scotland The Navy also deserts the Prince being corrupted by the Earl of Warwick who was appointed for this Service and when he had ingloriously bought off their Faith to their lawful Prince himself was ignominiously cashiered by the Conspirators These great disappointments and overthrows of just Enterprises men variously attributed to different Causes Some to the Perfidiousness others to the Weakness of those that managed them as also to the Treachery of some Presbyterians who in hatred to the Army first incouraged and then in Jealousie of the Royalists basely deserted them For the Rabbies of the Kirk cursed Hamilton in the beginning of his Enterprise Another sort thought them unhappy because the greatest part of the Undertakers were such that formerly had either fought against the King or else had betrayed Him and God would not now bless their unexpiated Arms. And some to the Fate of the Kingdom which God had decreed to give over to numerous and impious Tyrants because of their unthankfulness and impatience under so Incomparable a Prince But while these things were managed by the Army that were now at a distance and Cromwell's Terrors were greater in Scotland than here the less guilty Parliament-men seriously considering how impatient the People who in London and other places had gotten innumerable Subscriptions to a Petition for a Personal Treaty now were of those Injuries that were done to their Sovereign how hateful themselves grew because they had betrayed and inslaved their own Privileges together with the Liberties of the Subject to an insatiable and Phanatick Army and how an evident Ruine attended even their Conquests of Him whom it was unlawful to assault did at last though too late contrary to the clamours of their factious and Democratick Members Repeal those Votes which they had formerly made of No more Addresses to the King This being passed in both Houses they afterwards with a strong Consent vote a Treaty with the King in Honour Freedom and Safety The factious Party in the Parliament found themselves too few and weak to oppose this impetuous tendency of the Two Houses and the whole Kingdom to Peace But yet they endeavoured to frustrate the labours of their more sincere Members and to baffle the People's just desires of it by imposing many unequal Conditions and obstructive restrictions For they procured that the Treaty should be in the Isle of Wight and not at London that it should be by Commissioners and not immediately with the two Houses as was petitioned The Propositions that were sent to be treated were the same which had before been offered to the King at Hampton-Court and were then rejected by Him and also condemned by the Army it self as too unjust The Commissioners were so streightned in Power that it was not lawful for them to soften any one of the Conditions of Peace not to alter the Preface or change the Order of the Propositions nor to debate a Subsequent till the Precedent were agreed on They could conclude nothing they were only to propose the Demands urge Reasons for the Royal Assent receive the King's Answer and refer all in writing to the Parliament whose slow Resolves and the delays of sending were supposed would consume that narrow measure of time which was appointed to debate so many and so different things for they were limited to forty days The Commissioners they sent were five of the Lord's House and twelve of the Commoners and with them some of their Presbyterian Ministers who were to press importunately for their Church-government to elude the King's Arguments for Episcopacy and only to impose not to dispute their own With all these upon so many several and different Propositions some relating to the Law of the Land others to Reason of State and some to the practice of the Apostolical Primitive Churches the King was to deal without publick assistance For though He was permitted the ministry of some Officers of State Counsellours and Divines yet were they but of private advice and to stand behind the Curtain He only Himself was to speak in the debate and singly to manage matters of Policy with their most exercised Statists and the points of Divinity with their best-studied Divines The Vulgar to whom the arts of these men were not so obvious were much pleased with the Name of a Treaty and now hoped to exchange their Servitude under so many importunate Tyrants for the moderate and easie Government of one Lawful King Others that had a clearer insight and observed with what difficulties it was burthened hoped for no benefit from it Because that if His Majesty should not consent as they believed he would not then He would be the object of the popular impatience And if He should consent He that now was thought to be most injuriously dealt with would then be conceived not to deserve the Pity even of his Friends nor could He gain any other thing by His Concessions than to be ruined with more Dishonour So that considering both the inviolable Integrity of His Majesty and the implacable Malice of His Enemies they despaired of any happy Issue But beyond the Faith of these men and the Hopes of the other the King 's incredible Prudence had found Temperaments for their most harsh Propositions And by a present Judgment and commanding Eloquence did so urge His own and refel their Arguments that He forced an Admiration of Himself
one thing which perhaps might require a larger discourse That although no humane authority can dispense with an Oath Quia Religio juramenti pertinet ad forum Divinum yet in some cases it cannot be denied but the obligation of an Oath ceaseth As when we swear homage and obedience to our Lord and Superiour who afterwards ceaseth to be our Lord and Superiour for then the formal cause of the Oath is taken away and therefore the Obligation Sublatâ Causâ tollitur Effectus Sublato Relato tollitur Correlatum or when any Oath hath a special reference to the benefit of those to whom I make the promise if we have their desire or consent the obligation ceaseth because all such Oaths from the nature of the thing do include a condition When the Parliaments of both Kingdoms have covenanted for the abolishing or altering of a Law Your Majesty's Oath doth not bind You or Your Conscience to the observing of it otherwise no Laws could be altered by the Legislative Power This I conceive hath been the ground of removing Episcopal Government in Scotland and of removing the Bishops out of the Parliament of England And I assure my self that Your Majesty did not intend at the taking of Your Oath that although both Houses of Parliament should find an alteration necessary although which God Almighty avert You should lose Your self and Your Posterity and Crown that You would never consent to the abolishing of such a Law If Your Majesty still object that the matter of the Oath is necessary and immutable that doth not belong to this but to the former Argument 8. I have but one word more concerning Your Piety to Your Royal Father and Teacher of Happy Memory with which Your Majesty does conclude Your Majesty knows that King James never admitted Episcopacy upon Divine Right That His Majesty did swear and subscribe to the Doctrine Worship and Discipline of the Church of Scotland That in the Preface of the latter Edition of Basilicon Doron His Majesty gives an honourable testimony to those that loved better the simplicity of the Gospel than the pomp and Ceremonies of the Church of England and that He conceived the Prelates to savour of the Popish Hierarchy and that could His Ghost now speak to Your Majesty He would not advise Your Majesty to run such hazards for those men who will chuse rather to pull down Your Throne with their own ruine than that they perish alone The Lord give Your Majesty a wise and discerning Spirit to chuse that in time which is right June 3. 1646. III. His MAJESTY's Second Paper For Mr Alexander Henderson A Reply to his Answer to my first Paper June 6. 1646. Mr Henderson IF it had been the Honour of the Cause which I looked after I would not have undertaken to put Pen to Paper or singly to have maintained this Argument against you whose Answer to my former Paper is sufficient without further proofs to justifie my opinion of your Abilities but it being merely as you know for my particular satisfaction I assure you that a Disputation of well chosen Divines would be most effectual and I believe you cannot but grant that I must best know how My self may be best satisfied for certainly My Tast cannot be guided by another man's Palate and indeed I will say that when it comes as it must to Probations I must have either Persons or Books to clear the Allegations or it will be impossible to give Me satisfaction The fore-seeing of which made Me at first for the saving of time desire that some of those Divines which I gave you in a List might be sent for 2. Concerning your second Section I were much to blame if I should not submit to that saying of S. Ambrose which you mention for I would be unwilling to be found less ingenuous than you shew your self to be in the former part of it wherefore my Reply is that as I shall not be ashamed to change for the better so I must see that it is better before I change otherwise Inconstancy in this were both Sin and Shame and remember what your self hath learnedly enforced that no man's Reason can be commanded by another man's Will 3. Your third begins but I cannot say that it goes on with that Ingenuity which the other did for I do not understand how those Examples cited out of the Old Testament do any way prove that the way of Reformation which I commend hath not been the most perfect or that any other is lawful those having been all by the Regal Authority and because Henry the Eighth's Reformation was not perfect will it prove that of King Edward and Q. Elizabeth to be unperfect I believe a new Mood and Figure must be found out to form a Syllogism whereby to prove that But however you are mistaken for no man who truly understands the English Reformation will derive it from Henry the Eighth for he only gave the occasion it was his Son who began and Q. Elizabeth that perfected it Nor did I ever aver that the beginning of any Humane Action was perfect no more than you can prove that God hath ever given approbation to Multitudes to Reform the Negligence of Princes For you know there is much Difference between Permission and Approbation But all this time I find no Reasons according to your promise for a Reformation or change I mean since Q. Elizabeth's time As for your Romanorum Malleus his saying it is well you come off it with yet this I may say for it seems to imply as if you neither ought nor would justifie that bloudy ungodly saying and for your comparing our Reformation here to the Laodicean lukewarmness proved by Complaints Grievings c. all that doth and but unhandsomely petere Principium nor can Generals satisfie Me for you must first prove that those men had reason to complain those Churches to be grieved and how we were truly the Causers of this Schism and Separation As for those words which you will not use I will not answer 4. Here indeed you truly repeat the first of my two main Arguments but by your favour you take as I conceive a wrong way to convince Me It is I must make good the Affirmative for I believe a Negative cannot be proved In stead of which if you had made appear the practice of the Presbyterian Government in the Primitive times you had done much for I do aver that this Government was never practised before Calvin's time the Affirmative of which I leave you to prove My task being to shew the lawfulness and succession of Episcopacy and as I believe the necessity of it For doing whereof I must have such Books as I shall call for which possibly upon perusal may one way or other give Me satisfaction but I cannot absolutely promise it without the assistance of some Learned man whom I can trust to find out all such Citations as I have use of wherefore blame Me not
intentions in His former Messages He doth now declare that if His Personal repair to London as aforesaid shall be admitted and a Peace thereon shall ensue He will then leave the nomination of the Persons to be intrusted with the Militia wholly to His two Houses with such power and limitations as are expressed in the Paper delivered by His Majesty's Commissioners at Vxbridge the sixth of February 1644. for the term of seven years as hath been desired to be given immediately after the conclusion of the Peace the disbanding of all Forces on both sides and the dismantling of the Garrisons erected since these present Troubles so as at the expiration of the time before mentioned the power of the Militia shall entirely revert and remain as before And for their further security His Majesty the Peace succeeding will be content that pro hac vice the two Houses shall nominate the Admiral Officers of State and Judges to hold their places during life or quam diu se bene gesserint which shall be best liked to be accountable to none but the King and the two Houses of Parliament As for matter of Religion His Majesty doth further declare That by the Liberty offered in His Message of the 15 present for the ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this Kingdom He intends that all other Protestants behaving themselves peaceably in and towards the Civil Government shall have the free exercise of their Religion according to their own way And for the total removing of all Fears and Jealousies His Majesty is willing to agree that upon the conclusion of Peace there shall be a general Act of Oblivion and free Pardon past by Act of Parliament in both His Kingdoms respectively And lest it should be imagined that in the making these Propositions His Majesty's Kingdom of Scotland and His Subjects there have been forgotten or neglected His Majesty declares That what is here mentioned touching the Militia and the naming of Officers of State and Judges shall likewise extend to His Kingdom of Scotland And now His Majesty having so fully and clearly expressed His intentions and desires of making a happy and well-grounded Peace if any person shall decline that Happiness by opposing of so apparent a way of attaining it he will sufficiently demonstrate to all the World his intention and design can be no other than the total subversion and change of the ancient and happy Government of this Kingdom under which the English Nation hath so long flourished Given at Our Court at Oxon the 29. of January 1645. XXI From OXFORD Feb. 26. MDCXLV VI. For an Answer to the Former For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty needs to make no excuse though He sent no more Messages unto you for He very well knows He ought not to do it if He either stood upon punctilio's of Honour or His Own private Interest the one being already call'd in question by His often sending and the other assuredly prejudg'd if a Peace be concluded from that He hath already offered He having therein departed with many His undoubted Rights But nothing being equally dear unto Him to the preservation of His People His Majesty passeth by many scruples neglects and delayes and once more desires you to give Him a speedy Answer to His last Message for His Majesty believes it doth very well become Him after this very long delay at last to utter His Impatience since the Goods and Blood of His Subjects crie so much for Peace Given at our Court at Oxford the 26. day of February 1645. XXII From OXFORD Mar. 23. MDCXLV VI. Concerning His Return to the Houses For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. NOtwithstanding the unexpected Silence in stead of Answer to His Majesty's many and gracious Messages to both Houses whereby it may appear that they desire to obtain their ends by Force rather than by Treaty which may justly discourage His Majesty from any more overtures of that kind yet His Majesty conceives He shall be much wanting in His duty to God and in what He oweth to the safety of His people if he should not intend to prevent the great inconveniences that may otherwise hinder a safe and well-grounded Peace His Majesty therefore now proposeth that so He may have the Faith of both Houses of Parliament for the preservation of His Honour Person and Estate and that Liberty be given to all those who do and have adhered to His Majesty to go to their own Houses and there to live peaceably enjoying their Estates all Sequestrations being taken off without being compelled to take any Oath not enjoyned by the undoubted Laws of the Kingdom or being put to any other molestation whatsoever He will immediately disband all His Forces and dismantle all His Garrisons and being accompanied with His Royal not His Martial Attendance return to His two Houses of Parliament and there reside with them And for the better security of all His Majesties Subjects He proposeth that He with His said two Houses immediately upon His coming to Westminster will pass an Act of Oblivion and free Pardon and where His Majesty will further do whatsoever they will advise Him for the good and Peace of this Kingdom And as for the Kingdom of Scotland His Majesty hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an answer from thence but declares that immediately upon His coming to Westminster He will apply himself to give them all satisfaction touching that Kingdom If His Majesty could possibly doubt the success of this offer He could use many arguments to perswade them to it but shall only insist on that great One of giving an instant Peace to these afflicted Kingdoms Given at our Court at Oxford the 23. of March 1645. XXIII From SOUTHWELL May 18. MDCXLVI With his further Concessions for the obtaining of Peace For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty having understood from both His Houses of Parliament that it was not safe for Him to come to London whither He had purposed to repair if so He might by their advice to do whatsoever may be best for the good and Peace of these Kingdoms until He shall first give His consent to such Propositions as were to be presented to Him from them and being certainly informed that the Armies were marching so fast up to Oxford as made that no fit place for Treating did resolve to withdraw Himself hither only to secure His Own Person and with no
intention to continue this War any longer or to make any Division between His two Kingdoms but to give such contentment to both as by the blessing of God He might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of His Progenitors And since the setling of Religion ought to be the chiefest care of all Counsels His Majesty most earnestly and heartily recommends to His two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary work and particularly that they take the advice of the Divines of both Kingdoms assembled at Westminster Likewise concerning the Militia of England for securing His People against all pretensions of Danger His Majesty is pleased to have it setled as was offered at the Treaty at Vxbridge all the persons being to be named for the trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by His Majesty and His two Houses of Parliament And the like for the Kingdom of Scotland Concerning the Wars in Ireland His Majesty will do whatsoever is possible for Him to give full satisfaction therein And if these be not satisfactory His Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto Him His Majesty being resolved to comply with His Parliament in every thing that shall be for the Happiness of His Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these offers he will neither question the thankful acceptation of them nor doth He doubt but that His two Kingdoms will be careful to maintain Him in His Honour and in His just and lawful Rights which is the only way to make a happy composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for the time to come and will take a speedy course for easing and quieting His afflicted People by satisfying the publick Debts by disbanding of all Armies and whatsoever else shall be judged conducible to that end that so all hindrances being removed He may return to His Parliament with mutual comfort Southwell May 18. 1646. POSTSCRIPT HIS Majesty being desirous to shun the further effusion of Blood and to evidence His real intentions to Peace is willing that His Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honorable Conditions Which being granted to the Town and Forces there His Majesty will give the like Order to the rest of the Garrisons XXIV From NEW CASTLE Jun. 10. MDCXLVI For Propositions for Peace and a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of His People in His three Kingdoms for some years past and being afflicted with their distresses and unquiet conditions through the distractions about Religion the keeping of Forces on foot in the Fields and Garrisons the not satisfying of publick Debts and the fears of the further effusion of blood by the continuance of an unnatural War in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary causes of His coming from Oxford unto the Scotish Army without any intention to make a Division where He is in freedom and right capacity to settle a true Peace and containing such offers as He conceived would have been accepted with a general clause of complying with their desires and being impatient of delays and not acquainted with the particulars which may give contentment to them His Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto Him that upon consideration of them He may apply Himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto His Majesty doth further propound That He may come to London with Safety Freedom and Honour where He resolves to comply with His Houses of Parliament in every thing which may be most for the good of His Subjects and perfect what remains for setling both Kingdoms and People in a happy condition being likewise most confident that they according to their reiterated Declarations and solemn Protestations will be zealous in the maintenance of His Honour and just and lawful Rights And as His Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom so He is willing forthwith to disband all His Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these offers His Majesty shall have such satisfaction as He may be confident a firm Peace shall ensue thereon His Majesty will then give order for His Son the Prince his present return Newcastle the tenth of June 1646. To Our Trusty and Well-beloved Sir Thomas Glenham Sir Thomas Tildesley Col. H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Lichfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our intentions of setling a happy and firm Peace to require you upon honourable terms to quit those Towns Castles and Forts intrusted to you by Vs and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. XXV From NEWCASTLE Aug. 1. MDCXLVI For a Personal Treaty upon the Propositions sent Him To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE Propositions tendered to His Majesty by the Commissioners from the Lords and Commons of the Parliament of England assembled at Westminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many months for deliberation as they have assigned days for His Majesties Answer do import so great alterations in Government both in Church and Kingdom as it is very difficult to return a particular and positive Answer before a full
Debate wherein these Propositions and the necessary explanations true sense and reasons thereof may be rightly weighed and understood and that His Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which He finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give reasons for the demands they bring or to give ear to such desires as His Majesty is to propound as it is impossible for Him to give such a present Judgment of and Answer to these Propositions whereby He can answer to God that a safe and well-grounded Peace will ensue which is evident to all the world can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Privileges of the Parliament be likewise setled To which end His Majesty desires and proposeth to come to London or any of His Houses thereabouts upon the publick Faith and security of the two Houses of Parliament and the Scotch Commissioners that He shall be there with Freedom Honour and Safety where by His Personal presence He may not only raise a mutual Confidence betwixt Him and His People but also have these Doubts cleared and these Difficulties explained unto Him which He now conceives to be destructive to His just Regal Power if He shall give a full consent to these Propositions as they now stand as likewise that He may make known to them such His reasonable demands as He is most assured will be very much conducible to that Peace which all good men desire and pray for by the setling of Religion the just Privileges of Parliament with the Freedom and Propriety of the Subject And His Majesty assures them that as He can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land He is born unto so He will chearfully grant and give His assent unto all such Bills at the desire of His two Houses or reasonable demands for Scotland which shall be really for the good and Peace of His People not having regard to His own particular much less any bodies else in respect of the Happiness of these Kingdoms Wherefore His Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POSTSCRIPT UPon assurance of a happy Agreement His Majesty will immediately send for the Prince His Son absolutely expecting his perfect obedience to return into this Kingdom XXVI From NEWCASTLE December 20. MDCXLVI For a Personal Treaty at or near LONDON To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesties thoughts being alwaies sincerely bent to the Peace of His Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the candour of His intentions to His People and to this end could find no better way than to propose a Personal free debate with His two Houses of Parliament upon all the present Differences Yet finding very much against His expectations that this offer was laid aside His Majesty bent all His thoughts to make His intentions fully known by a particular Answer to the Propositions delivered to Him in the name of both Kingdoms the 24. of July last But the more He endeavoured it He more plainly saw that any answer He could make would be subject to mis-informations and misconstructions which upon His own Paraphrases and Explanations He is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good intentions may produce ill effects His Majesty again proposeth and desires again to come to London or any of His Houses thereabouts upon the publick Faith and security of his two Houses of Parliament and the Scotch Commissioners that He shall be there with Honour Freedom and Safety Where by His Personal presence He may not only raise a mutual Confidence betwixt Him and His People but also have those Doubts cleared and those Difficulties explained to Him without which He cannot but with the aforesaid mischievous inconveniences give a particular Answer to the Propositions and with which He doubts not but so to manifest His real intentions for the setling of Religion the just Privileges of Parliament with the Freedom and Property of the Subject that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm Peace which all honest men desire Assuring them as He will make no other Demands but such as He believes confidently to be just and much conducing to the tranquillity of the People so He will be most willing to condescend to them in whatsoever shall be really for their good and happiness Not doubting likewise but you will also have a due regard to maintain the just Power of the Crown according to your many protestations and professions For certainly except King and People have reciprocal care each of other neither can be happy To conclude 't is your King who desires to be heard the which if refused to a Subject by a King he would be thought a Tyrant for it and for that end which all men profess to desire Wherefore His Majesty conjures you as you desire to shew your selves really what you profess even as you are good Christians and Subjects that you will accept this His offer which He is confident God will so bless that it will be the readiest means by which these Kingdoms may again become a Comfort to their Friends and a Terrour to their Enemies Newcastle 20. December 1646. XXVII From HOLDENBY Feb. 17. MDCXLVI VII Desiring some of His Chaplains For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster SInce I have never dissembled nor hid My Conscience and that I am not yet satisfied with the alteration of Religion to which you desire My consent I will not yet lose time in giving reasons which are too obvious to every body why it is fit for Me to be attended by some of My Chaplains whose opinions as Clergy-men I esteem and reverence not only for the exercise of My Conscience but also for clearing of My Judgement concerning the present differences in Religion as I have at full declared to Mr Marshall and his fellow-Minister having shewed them that it is the best and likeliest means of giving Me satisfaction which without it I cannot have in these times whereby the Distractions of this Church may be the better settled Wherefore I desire that at least two of these
Reverend Divines whose Names I have here set down may have free liberty to wait upon Me for their discharging of their Duty unto Me according to their Function Holdenby 17. February 1646. CHARLES R. B. London B. Salisbury B. Peterborough D. Shelden Clark of My Closet D. Marsh Dean of York D. Sanderson D. Baily D. Heywood D. Beal D. Fuller D. Hammond D. Taylor XXVIII From HOLDENBY Mar. 6. MDCXLVI VII In pursuance of the former To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster IT being now seventeen days since I wrote to you from hence and not yet receiving any Answer to what I then desired I cannot but now again renew the same unto you And indeed concerning any thing but the necessary duty of a Christian I would not thus at this time trouble you with any of My desires But My being attended with some of My Chaplains whom I esteem and reverence is so necessary for Me even considering My present condition whether it be in relation to My Conscience or a happy settlement of the present Distractions in Religion that I will slight divers kinds of censures rather than not to obtain what I demand nor shall I do you the wrong as in this to doubt the obtaining of My wish it being totally grounded upon Reason For desiring you to consider not thinking it needful to mention the divers reasons which no Christian can be ignorant of for point of Conscience I must assure you that I cannot as I ought take in consideration those alterations in Religion which have and will be offered unto Me without such help as I desire because I can never judge rightly of or be altered in any thing of my Opinion so long as any ordinary way of finding out the truth is denied Me but when this is granted Me I promise you faithfully not to strive for Victory in Argument but to seek and submit to Truth according to that Judgement which God hath given Me always holding it My best and greatest Conquest to give contentment to My two Houses of Parliament in all things which I conceive not to be against My Conscience or Honour not doubting likewise but that you will be ready to satisfie Me in reasonable things as I hope to find in this particular concerning the attendance of My Chaplains upon Me. Holdenby 6. of March 1646. CHARLES R. XXIX From HOLDENBY May 12. MDCXLVII In Answer to their Propositions To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS the daily expectation of the coming of the Propositions hath made His Majesty this long time to forbear giving His Answer unto them so the appearance of their sending being no more for any thing He can hear than it was at His first coming hither notwithstanding that the Earl of Lauderdale hath been at London above these ten days whose not coming was said to be the only stop hath caused His Majesty thus to anticipate their coming to Him And yet considering His condition that His Servants are denied access to Him all but very few and those by appointment not His own election and that it is declared a crime for any but the Commissioners or such who are particularly permitted by them to converse with His Majesty or that any Letters should be given to or received from Him may He not truly say that He is not in case fit to make Concessions or give Answers since He is not master of these ordinary actions which are the undoubted rights of any free-born man how mean soever his birth be And certainly He would still be silent as to this Subject until His condition were much mended did He not prefer such a right understanding betwixt Him and His Parliaments of both Kingdoms which may make a firm and lasting Peace in all His Dominions before any particular of His own or any earthly blessing and therefore His Majesty hath diligently imployed His utmost endeavours for divers months past so to inform His understanding and satisfie His Conscience that He might be able to give such Answers to the Propositions as would be most conformable to His Parliaments but He ingenuously professes that notwithstanding all the pains that He hath taken therein the nature of some of them appears such unto Him that without disclaiming that Reason which God hath given Him to judge by for the good of Him and His People and without putting the greatest violence upon His own Conscience He cannot give His Consent to all of them Yet His Majesty that it may appear to all the world how desirous He is to give full satisfaction hath thought fit hereby to express His readiness to grant what He may and His willingness to receive from them and that Personally if His two Houses at Westminster shall approve thereof such further information in the rest as may best convince His Judgement and satisfie those doubts which are not yet clear unto Him desiring them also to consider that if His Majesty intended to wind Himself out of these Troubles by indirect means were it not easie for Him now readily to consent to what hath or shall be proposed unto Him and afterwards chuse His time to break all alledging that forced Concessions are not to be kept surely He might and not incur a hard censure from indifferent men But Maxims in this kind are not the guides of His Majesty's Actions for He freely and clearly avows that He holds it unlawful for any man and most base in a King to recede from His Promises for having been obtained by force or under restraint Wherefore His Majesty not only rejecting those acts which He esteems unworthy of Him but even passing by that which He might well insist upon a point of Honour in respect of His present condition thus answers the first Proposition That upon His Majesty's coming to London He will heartily joyn in all that shall concern the Honour of His two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesty's Honour In answer to all the Propositions concerning Religion His Majesty proposeth That He will confirm the Presbyterial Government the Assembly of Divines at Westminster and the Directory for three years being the time set down by the two Houses so that His Majesty and His Houshold be not hindred from that form of God's Service which they formerly have had And also that a free consultation and debate be had with the Divines at Westminster twenty of His Majesty's nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church shall be
happy and flourishing condition His Majesty having perused the Propositions now brought to Him finds them the same in effect which were offered to Him at Newcastle To some of which as He could not then consent without violation of His Conscience and Honour so neither can He agree to others now conceiving them in many respects more disagreeable to the present condition of affairs than when they were formerly presented unto Him as being destructive to the main principal Interests of the Army and of all those whose affections concur with them And His Majesty having seen the Proposals of the Army to the Commissioners from His two Houses residing with them and with them to be treated on in order to the clearing and securing of the Rights and Liberties of the Kingdom and the setling of a Just and lasting Peace to which Proposals as He conceives His two Houses not to be strangers so He believes they will think with Him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto Him He therefore propounds as the best way in His judgment in order to a Peace that His two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with His Majesty and upon such other Propositions as His Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of His Majesty's full Concession Wherein He resolves to give full satisfaction to His People for whatsoever shall concern the setling of the Protestant Profession with liberty to tender Consciences and the securing of the Laws Liberties and Properties of His Subjects and all the just Privileges of Parliaments for the future And likewise by His present deportment in this Treaty He will make the World clearly judge of His intentions in matters of future Government In which Treaty His Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures His two Houses of Parliament by the duty they owe to God and His Majesty their King and by the bowels of compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this His Majesty's offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that His Kingdom At Hampton-Court the ninth of September 1647. XXXI From HAMPTON-COURT Nov. 11. MDCXLVII Left on the Table at His departure For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. LIberty being that which in all times hath been but especially now is the common theme and desire of all men common reason shews that Kings less than any should endure Captivity And yet I call God and the world to witness with what Patience I have endured a tedious Restraint which so long as I had any hopes that this sort of My Suffering might conduce to the Peace of My Kingdoms or the hindring of more effusion of bloud I did willingly undergo but now finding by too certain proofs that this my continued Patience would not only turn to my Personal Ruine but likewise be of much more prejudice than furtherance to the publick good I thought I was bound as well by natural as political obligations to seek My Safety by retiring My self for some time from the publick view both of my Friends and Enemies And I appeal to all indifferent men to judge if I have not just cause to free My self from the hands of those who change their Principles with their condition and who are not ashamed openly to intend the destruction of the Nobility taking away their negative voice and with whom the Levellers doctrine is rather countenanced than punished And as for their intentions to my Person their changing and putting more strict Guards upon Me with the discharging most of all those servants of Mine whom formerly they willingly admitted to wait upon Me does sufficiently declare Nor would I have this Retirement mis-interpreted for I shall earnestly and uncessantly endeavour the setling of a safe and well-grounded Peace where-ever I am or shall be and that as much as may be without the effusion of more Christian blood for which how many times have I desired prest to be heard and yet no ear given to Me. And can any reasonable man think that according to the ordinary course of affairs there can be a setled Peace without it or that God will bless those who refuse to hear their own King Surely no. Nay I must further add that besides what concerns My self unless all other chief Interests have not only a hearing but likewise just satisfaction given unto them to wit the Presbyterians Independents Army those who have adhered to Me and even the Scots I say there cannot I speak not of Miracles it being in My opinion a sinful presumption in such cases to expect or trust to them be a safe or lasting Peace Now as I cannot deny but that My Personal security is the urgent cause of this My Retirement so I take God to witness that the publick Peace is no less before Mine eyes and I can find no better way to express this My profession I know not what a wiser may do than by desiring and urging that all chief Interests may be heard to the end each may have just satisfaction As for Example the Army for the rest though necessary yet I suppose are not difficult to content ought in My Judgment to enjoy the Liberty of their Consciences have an Act of Oblivion or Indemnity which should extend to all the rest of My Subjects and that all their Arrears should be speedily and duly paid which I will undertake to do so I may be heard and that I be not hindred from using such lawful and honest means as I shall chuse To conclude let Me be heard with Freedom Honour and Safety and I shall instantly break through this Cloud of Retirement and shew My self really to be Pater Patriae Hampton Court Novemb. 11. 1647. XXXII From the Isle of WIGHT November 17. MDCXLVII For a Personal Treaty with His particular Concessions For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majest is confident that before this time His two Houses of Parliament have received the Message which He left behind Him at Hampton-Court
give way to the sale of Forest-Lands for that purpose this being the publick Debt which in His Majesties Judgment is first to be satisfied And for other publick Debts already contracted upon Church-Lands or any other Ingagements His Majesty will give His Consent to such Act or Acts for raising of monies for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby His People already too heavily burthened by these late Distempers may have no more pressures upon them than this absolute necessity requires And for the further securing of all fears His Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of His Reign by the two Houses of Parliament their Patents and Commissions being taken from His Majesty and after to return to the Crown as is expressed in the Article of the Militia For the Court of Wards and Liveries His Majesty very well knows the consequence of taking that away by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the protection of many of His Subjects being Infants Nevertheless if the continuance thereof seem grievous to His Subjects rather than He will fail on His part in giving satisfaction He will consent to an Act for taking of it away so as a full recompence be setled upon His Majesty and His Successors in perpetuity and that the Arrears now due be reserved unto Him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away His Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering to them And His Majesty proposeth as the best expedient to take away all seeds of future Differences that there be an Act of Oblivion to extend to all His Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed His Majesty will give full satisfaction to His two Houses concerning that Kingdom And although His Majesty cannot consent in Honour and Justice to avoid all His own Grants and Acts past under His great Seal since the two and twentieth of May 1642 or to the confirming of all the Acts and Grants passed under that made by the two Houses yet His Majesty is confident that upon perusal of particulars He shall give full satisfaction to His two Houses as to what may reasonably be desired in that particular And now His Majesty conceives that by these His offers which He is ready to make good upon the settlement of a Peace He hath clearly manifested His intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of His People and for the perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as His Majesty shall find necessary to propose on His part He earnestly desires a Personal Treaty at London with His two Houses in Honour Freedom and Safety it being in His Judgement the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or avoid future Misunderstandings All these things being by Treaty perfected His Majesty believes His Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns the Kingdom of Scotland His Majesty will very readily apply Himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto Him CHARLES R. From the Isle of Wight November 17. 1647. XXXIII From CARISBROOK Dec. 6. MDCXLVII For an Answer to His last To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of His Message of the 17. of November last But since there is not in nature any consideration preceding to that of Peace His Majesty's constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom That Trade is so decayed all commodites so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that acknowledgement from His two Houses which this great Grace and Favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on His Majesty with the same resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesty's earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace Carisbrook-Castle Decemb. 6. 1647. XXXIV From CARISBROOK Dec. 28. MDCXLVII In Answer to the Four Bills and Propositions before the Votes of No address For the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least difficulties He hath met with since the time of His Afflictions Which is too visible when
time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be imployed and directed from time to time during the said space of ten years in such manner as shall be agreed upon and appointed by both Houses of Parliament and that no Citizen of the City of London nor any of the Officers of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for granting and confirming the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser And that during the said ten years the Tower of London may be in the government of the City of London and the Chief Officer and Governour from time to time during the said space to be nominated and removeable by the Common Council as are desired in your Propositions His Majesty having thus far expressed His consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them touching your four first Propositions and other the particulars before specified as to all the rest of your Propositions delivered to Him at Hampton-Court not referring to those heads and to that of the Court of Wards since delivered as also to the remaining Propositions concerning Ireland His Majesty desires only when He shall come to Westminster personally to advise with His two Houses and to deliver His Opinion and the reasons of it which being done He will leave the whole matter of those remaining Propositions to the determination of His two Houses which shall prevail with Him for His consent accordingly And His Majesty doth for His Own particular only propose that He may have liberty to repair forthwith to Westminster and be restored to a condition of absolute Freedom and Safety a thing which He shall never deny to any of His Subjects and to the possession of His Lands and Revenues and that an Act of Oblivion and Indemnity may pass to extend to all persons for all matters relating to the late unhappy Differences which being agreed by His two Houses of Parliament His Majesty will be ready to make these His Concessions binding by giving them the Force of Laws by His Royal assent HIS MAJESTIES DECLARATIONS I. His MAJESTIES DECLARATION After the Votes of no further Address Carisbrook Jan. 18. MDCXLVII To all My People of whatsoever Nation Quality or Condition AM I thus laid aside and must I not speak for My self No I will speak and that to all My People which I would have rather done by the way of My two Houses of Parliament but that there is a publick Order neither to make Addresses to or receive Messages from Me. And who but you can be judge of the differences betwixt Me and My two Houses I know none else for I am sure you it is who will enjoy the Happiness or feel the Misery of good or ill Government and we all pretend who should run fastest to serve you without having a regard at least in the first place to particular Interests And therefore I desire you to consider the state I am and have been in this long time and whether My Actions have more tended to the Publick or My own particular good For whosoever will look upon Me barely as I am a Man without that liberty which the meanest of My Subjects enjoys of going whither and conversing with whom I will as a Husband and Father without the comfort of My Wife and Children or lastly as a King without the least shew of Authority or Power to protect My distressed Subjects must conclude Me not onely void of all Natural Affection but also to want common understanding if I should not most cheerfully embrace the readiest way to the settlement of these distracted Kingdoms As also on the other side do but consider the form and draught of the Bills lately presented unto Me and as they are the Conditions of a Treaty ye will conclude that the same Spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace hath had a powerful influence on this Message For though I was ready to grant the substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding My Conscience and Honour and betraying the Trust reposed in Me by abandoning My People to the Arbitrary and Unlimited Power of the two Houses for ever for the levying and maintaining of Land or Sea Forces without distinction of quality or limitation for Money-Taxes And if I could have passed them in terms how unheard-of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter How ineffectual were that Debate like to prove wherein the most potent Party had nothing of moment left to ask and the other nothing more to give so consequently how hopeless of mutual compliance without which a settlement is impossible Besides if after My Concessions the two Houses should insist on those things from which I cannot depart how desperate would the condition of these Kingdoms be when the most proper and approved remedy should become ineffectual Being therefore fully resolved that I could neither in Conscience Honour or Prudence pass those four Bills I onely endeavoured to make the Reasons and Justice of my Denial appear to all the World as they do to me intending to give as little dis-satisfaction to the two Houses of Parliament without betraying My own Cause as the matter would bear I was desirous to give My Answer of the 28 th of December last to the Commissioners sealed as I had done others heretofore and sometimes at the desire of the Commissioners chiefly because when My Messages or Answers were publickly known before they were read in the Houses prejudicial interpretations were forced on them much differing and sometimes contrary to My meaning For example My Answer from Hampton-Court was accused of dividing the two Nations because I promised to give satisfaction to the Scots in all things concerning that Kingdom And this last suffers in a contrary sense by making Me intend to interest Scotland in the Laws of this Kingdom than which nothing was nor is further from my thoughts because I took notice of the Scots Commissioners protesting against the Bills and Propositions as contrary to the Interests and Engagements of the two Kingdomes Indeed if I had not mentioned their dissent an Objection not without some probability might have been made against Me both in respect the Scots are much concern'd in the Bill for the Militia and in several other Propositions and My silence might with some Justice have seemed to approve of it But the Commissioners refusing to receive My Answer sealed I upon the engagement of their and the Governor's Honour that no other use should be made or notice taken of it than as if it had
used that Power Iustly which unjustly he did Usurp Place this P. 241. The most high ruleth in the Kingdome of Men and giueth it to Whoâ—sâ—ever he will and setteth up over it the Basest of men Dan 4. v. 17. Ph. Fruitiers deliâ— Iac. Neeâ—â—s sculp 〈◊〉 DECLARATIONS AND PAPERS Concerning the Difference betwixt His MAJESTY AND HIS Fifth Parliament MDCXLI Decemb. 1. The House of Commons PETITION and Remonstrance of the state of the Kingdom with his Majesties Answers The PETITION of the House of Commons which accompanied the Declaration of the state of the Kingdom when it was presented to His MAJESTY at Hampton-Court Most Gracious Sovereign YOUR Majesties most humble and faithful Subjects the Commoners in this present Parliament assembled do with much thankfulness and joy acknowledge the great mercy and favour of God in giving Your Majesty a safe and peaceable return out of Scotland into Your Kingdom of England where the pressing Dangers and Distempers of the State have caused us with much earnestness to desire the comfort of Your gracious presence and likewise the Unity and Justice of your Royal Authority to give more life and power to the dutiful and loyal Counsels and Endeavours of Your Parliament for the prevention of that imminent Ruine and Destruction wherein Your Kingdoms of England and Scotland are threatned The duty which we owe to Your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed among the People to blemish and disgrace our proceedings in this Parliament and to get themselves a party and faction amongst Your Subjects for the better strengthening of themselves in their wicked courses and hindering those provisions and remedies which might by the Wisdom of Your Majesty and Counsel of Your Parliament be opposed against them For preventing whereof and the better information of Your Majesty Your Peers and all other Your loyal Subjects we have been necessitated to make a Declaration of the state of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to Your Majesty without the least intention to lay any blemish upon Your Royal Person but only to represent how Your Royal Authority and trust have been abused to the great prejudice and danger of Your Majesty and of all Your good Subjects And because we have reason to believe that those malignant parties whose proceedings evidently appear to be mainly for the advantage and increase of Popery are composed set up and acted by the subtile practice of the Jesuites and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of Your loyal Subjects have so far prevailed as to corrupt divers of Your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of Your Privy Council and other employments of trust and nearness about your Majesty the Prince and the rest of Your Royal Children And by this means have had such an operation in Your Council and the most important affairs and proceedings of Your Government that a most dangerous division and chargeable preparation for War betwixt your Kingdoms of England and Scotland the increase of Jealousies betwixt Your Majesty and Your most obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in Your Kingdom of Ireland and bloody Massacre of Your People have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment hereof Your poor Subjects are enforced to ingage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliament undergone the charge of 150000. pounds sterling or thereabouts for the necessary support and supply of Your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the peace safety and preservation of Your Majesty and Your People if some present real and effectual course be not taken for suppressing this wicked and malignant party We Your most humble and obedient Subjects do with all faithfulness and humility beseech Your Majesty 1. That You will be graciously pleased to concurre with the humble desires of Your People in a Parliamentary way for the preserving the peace and safety of the Kingdom from the malicious designs of the Popish party For depriving the Bishops of their Votes in Parliament and abridging their immoderate power usurped over the Clergy and other Your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of Your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For uniting all such Your loyal Subjects together as joyn in the same Fundamental Truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest For the due execution of those good Laws which have been made for securing the Liberty of Your Subjects 2. That Your Majesty will likewise be pleased to remove from Your Council all such as persist to favour and promote any of those Pressures and Corruptions wherewith Your People have been grieved and that for the future Your Majesty will vouchsafe to employ such persons in Your great and publick Affairs and to take such to be near You in places of trust as Your Parliament may have cause to confide in that in Your Princely Goodness to Your People You will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That You will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to Your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to Your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by Your Majesty we will by the blessing and favour of God most chearfully undergo the hazard and expences of this War and apply our selves to such other courses and counsels as may support Your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting foundation of the Greatness and Prosperity of Your Majesty and Your Royal Posterity in future times A REMONSTRANCE
been interrupted in their Voyages surprized at Sea in an hostile manner by Projectors as by a common Enemy Merchants prohibited to unlade their goods in such Ports as were for their own advantage and forced to bring them to those places which were most for the advantages of the Monopolizers and Projectors The Court of Star-Chamber hath abounded in extravagant Censures not only for the maintenance and improvement of Monopolies and other unlawful Taxes but for divers other Causes where there hath been no offence or very small whereby His Majesties Subjects have been oppressed by grievous Fines Imprisonments Stigmatizings Mutilations Whippings Pillories Gags Confinements Banishments after so rigid a manner as hath not only deprived men of the society of their Friends exercise of their Professions comfort of Books use of Paper or Ink but even violated that near Union which God hath establisht betwixt Men and their Wives by forced and constrained separation whereby they have been bereaved of the comfort and conversation one of another for many years together without hope of relief if God had not by his over-ruling Providence given some interruption to the prevailing power and counsel of those who were the Authors and Promoters of such peremptory and heady courses Judges have been put out of their places for refusing to do against their Oaths and Consciences Others have been so awed that they durst not do their duties and the better to hold a rod over them the Clause Quamdiu se bene gesserit was left out of their Patents and a new Clause Durante beneplacito inserted Lawyers have been checkt for being faithful to their Clients Solicitors and Attorneys have been threatned and some punished for following lawful Suites And by this means all the approaches to Justice were interrupted and fore-cluded New Oathes have been forced upon the Subject against Law new Judicatories erected without Law The Council-Table have by their Orders offered to bind the Subjects in their Free-holds Estates Suites and Actions The pretended Court of the Earl-Marshal was Arbitrary and Illegal in its being and proceedings The Chancery Exchequer-Chamber Court of Wards and other English Courts have been grievous in exceeding their Jurisdiction The estate of many Families weakned and some ruined by excessive Fines exacted from them for Compositions of Wardships All Leases of above a hundred years made to draw on Wardship contrary to Law Undue proceedings used in the finding of Offices to make the Jury find for the King The Common-Law Courts seeing all men more inclined to seek Justice there where it may be fitted to their own desire are known frequently to forsake the Rules of the Common-Law and straining beyond their bounds under pretence of Equity to do Injustice Titles of Honour Judicial places Serjeantships at Law and other Offices have been sold for great sums of money whereby the common Justice of the Kingdom hath been much endangered not only by opening a way of employment in places of great Trust and advantage to men of weak parts but also by giving occasion to Bribery Extortion Partiality it seldom hapning that places ill gotten are well used Commissions have been granted for examining the excess of Fees and when great Exactions have been discovered Compositions have been made with Delinquents not only for the time past but likewise for immunity and security in offending for the time to come which under colour of remedy hath but confirmed and encreased the Grievance to the Subject The usual course of pricking Sheriffs not observed but many times Sheriffs made in an extraordinary way sometimes as a punishment and charge unto them sometimes such were pricked out as would be Instruments to execute whatsoever they would have to be done The Bishops and the rest of the Clergy did triumph in the Suspensions Excommunications Deprivations and Degradations of divers painful learned and pious Ministers in the vexation and grievous oppression of great numbers of His Majesties good Subjects The High-Commission grew to such excess of sharpness and severity as was not much less then the Romish Inquisition and yet in many cases by the Arch-bishops power was made much more heavy being assisted and strengthened by authority of the Council-Table The Bishops and their Courts were as eager in the Country and although their Jurisdiction could not reach so high in rigor and extremity of punishment yet were they no less grievous in respect of the generality and multiplicity of vexations which lighting upon the meaner sort of Trades-men and Artificers did impoverish many thousands and so afflict and trouble others that great numbers to avoid their miseries departed out of the Kingdom some into New-England and other parts of America others into Holland where they have transported their Manufactures of Cloth which is not only a loss by diminishing the present stock of the Kingdom but a great mischief by impairing and endangering the loss of that peculiar Trade of Cloathing which hath been a plentiful fountain of Wealth and Honour to this Nation Those were fittest for Ecclesiastical preferment and soonest obtained it who were most officious in promoting Superstition most virulent in railing against Godliness and Honesty The most publick and solemn Sermons before His Majesty were either to advance Prerogative above Law and decry the Property of the Subject or full of such kind of Invectives whereby they might make those odious who sought to maintain the Religion Laws and Liberties of the Kingdom and such men were sure to be weeded out of the Commission of the Peace and out of all other imployments of power in the Government of the Countrey Many noble Personnages were Councellors in name but the power and authority remained in a few of such as were most addicted to this party whose resolutions and determinations were brought to the Table for countenance and execution and not for debate and deliberation and no man could offer to oppose them without disgrace and hazard to himself Nay all those that did not wholly concur and actively contribute to the furtherance of their designs though otherwise persons of never so great Honour and Abilities were so far from being employed in any place of trust and power that they were neglected discountenanced and upon all occasions injured and oppressed This Faction was grown to that height and entireness of power that now they began to think of finishing their Work which consisted of these three parts 1. The Government must be set free from all restraint of Laws concerning our Persons and States 2. There must be a Conjunction betwixt Papists and Protestants in Doctrine Discipline and Ceremonies only it must not yet be called Popery 3. The Puritans under which name they include all those that desire to preserve the Laws and Liberties of the Kingdom and to maintain Religion in the power of it must be either rooted out of the Kingdom with force or driven out with fear For the effecting of this it was thought necessary to reduce Scotland to such Popish Superstitions
Learning whereas it is our chiefest care and desire to advance it and to provide a competent maintenance for conscionable and preaching Ministers throughout the Kingdom which will be a great encouragement to Scholars and a certain means whereby the want meanness and ignorance to which a great part of the Clergy is now subject will be prevented And we intend likewise to reform and purge the fountains of Learning the two Universities that the streams flowing from thence may be clear and pure and an honour and comfort to the whole Land They have strained to blast our proceedings in Parliament by wresting the interpretation of our Orders from their genuine intention They tell the people that our medling with the power of Episcopacy hath caused Sectaries and Conventicles when Idolatry and Popish Ceremonies introduced in the Church by the command of the Bishops have not only debarred the people from thence but expelled them from the Kingdom Thus with El ah we are called by this malignant party the Troublers of the State and still while we endeavour to reform their abuses they make us the Authors of those mischiefs we study to prevent For the perfecting of the Work begun and removing all future impediments we conceive these courses will be very effectual seeing the Religion of the Papists hath such Principles as do certainly tend to the destruction and extirpation of all Protestants when they shall have opportunity to effect it It is necessary in the first place to keep them in such a condition as that they may not be able to do us any hurt And for avoiding of such connivence and favour as hath heretofore been shewed unto them that His Majesty be pleased to grant a standing Commission to some choice men named in Parliament who may take notice of their encrease their counsels and proceedings and use all due means by execution of the Laws to prevent all mischievous designs against the Peace and Safety of this Kingdom That some good course be taken to discover the counterfeit and false conformity of Papists to the Church by colour whereof persons very much disaffected to the true Religion have been admitted into place of greatest authority and trust in the Kingdom For the better preservation of the Laws and Liberties of the Kingdom that all illegal Grievances and Exactions be presented and punished at the Sessions and Assizes and that Judges and Justices be very careful to give this in charge to the Grand-Jury and both the Sheriff and Justices to be sworn to the due execution of the Petition of Right and other Laws That His Majesty be humbly petitioned by both Houses to employ such Counsellours Ambassadours and other Ministers in managing His business at home and abroad as the Parliament may have cause to confide in without which we cannot give His Majesty such Supplies for support of His own estate nor such assistance to the Protestant party beyond the Sea as is desired It may often fall out that the Commons may have just cause to take exceptions at some men for being Counsellors and yet not charge those men with crimes for there be grounds of diffidence which lye not in proof there are others which though they may be proved yet are not legally criminal To be a known favourer of Papists or to have been very forward in defending or countenancing some great Offendors questioned in Parliament or to speak contemptuously of either House of Parliament or Parliamentary proceedings or such as are Factours or Agents for any foreign Prince of another Religion such are justly suspect to get Counsellours places or any other of trust concerning publick employment for money For all these and divers others we may have great reason to be earnest with His Majesty not to put His great affairs into such hands though we may be unwilling to proceed against them in any legal way of charge or impeachment That all Counsellours of State may be sworn to observe those Laws which concern the Subject in his Liberty That they may likewise take an Oath not to receive or give reward or pension from any foreign Prince but such as they shall within some reasonable time discover to the Lords of His Majesties Council And although they should wickedly forswear themselves yet it may herein do good to make them known to be false and perjured to those who employ them and thereby bring them into as little credit with them as with us That His Majesty may have cause to be in love with good counsel and good men by shewing Him in an humble and dutiful manner how full of advantage it would be to Himself to see His own estate settled in a plentiful condition to support His Honour to see His people united in ways of Duty to Him and endeavours of the publick good to see Happiness Wealth Peace and Safety derived to His own Kingdom and procured to His Allies by the Influence of His own Power and Government That all good courses may be taken to unite the two Kingdoms of England and Scotland to be mutually aiding and assisting of one another for the common good of the Island and honour of both To take away all differences amongst our selves for matters indifferent in their own nature concerning Religion and to unite our selves against the common enemies which are the better enabled by our Divisions to destroy us all as they hope and have often endeavoured To labour by all offices of friendship to unite the foreign Churches with us in the same Cause and to seek their liberty safety and prosperity as bound thereunto both by charity to them and by wisdom for our own good For by this means our own strength shall be encreased and by a mutual concurrence to the same common End we shall be enabled to procure the good of the whole body of the Protestant profession If these things may be observed we doubt not but God will crown this Parliament with such success as shall be the beginning and foundation of more Honour and Happiness to His Majesty then ever yet was enjoyed by any of His Royal Predecessours Die Mercurii 15. Decemb. 1641. It is this day resolved upon the Question by the House of Commons that Order shall be now given for the Printing of this REMONSTRANCE of the State of the Kingdom H. Elsinge Cler. Parl. D. Com. His MAJESTIES Answer to the Petition which accompanied the Declaration presented to him at Hampton-Court 1 December 1641. WE having received from you soon after Our return out of Scotland a long Petition consisting of many desires of great moment together with a Declaration of a very unusual nature annexed thereunto We had taken some time to consider of it as befitted Us in a matter of that consequence being confident that your own reason and regard to Us as well as Our express intimation by Our Comptroller to that purpose would have restrained you from the publishing of it till such time as you should have received Our Answer
that no alteration could produce that Happiness they imagined and if their natures were capable of such Trusts to take some of the chief of them so near Us that they might be witnesses of Our Actions and privy to Our Counsels that either Ingenuity or Gratitude might recover them from their desperate Inclinations Hereupon because most of the Grievances of Our People were conceived to proceed from the great liberty of Our Council-board or from some Orders and Directions from them We admitted to Our Privy Council seven or eight of those Lords who were eminently in esteem with Our People for their reputation of Honour and Justice some of whom We knew to be most passionately dis-inclined to the present managery of Civil affairs and to the Government of the Church and hoped that by a free communication of their Doubts Opinions and Counsels they would have received that satisfaction that they would have been excellent Instruments of a blessed Reformation and Confirmation in Church and State Having begun with this foundation of Confidence in Our Court by electing such Persons We made the same hast to apply particular Remedies to the visible known Diseases resolving those Remedies should be proportioned to the Counsel and Desires of both Houses which We thought the surest way to win at least a major part to the confession and acknowledgment of Our Justice and Affection The Star-Chamber had in the excess of Jurisdiction or tediousness and charge of Proceedings or measure and severity of Punishment invaded the Laws of the Land and Liberty of the Subject by the exercise of an Arbitrary Power We pressed not the Reformation of this Court though erected or setled by Act of Parliament in a wise time but at the instance of both Houses consented to the Abolition of it The High Commission Court had proceded with too much strictness in many cases where the Tender Consciences of many of Our weak Subjects were concerned and had so far out-grown the power of the Law that it would not be limited and guided by it but censured fined and imprisoned Our People for matters unpunishable by the Law We pressed not the Review of that Statute by which that Court was erected that such power might be qualified and provisions altered as had been grievous to the Subject nor desired that any other care might be taken for the upholding the Ecclesiastical Discipline than what the wisdom and piety of both Houses should think necessary but in compliance to the sufferings of Our People and the desires of both Houses consented to the Repeal of that branch of that Statute The Writs for Ship-mony whereby several summs of mony had been received from Our good Subjects for defence and safeguard of the Kingdom had lain heavy upon Our People yet were judged to be Legal Both Our Houses of Parliament declared that the grounds and reasons of that Judgment being That when the good and safety of the Kingdom in general is concerned and that the whole Kingdom is in Danger We might compel our Subjects to provide Ships Men and Victuals for the defence and safeguard of the Kingdom and that We were the sole Judge of that Danger and how the same might be prevented were contrary to and against the Laws and Statutes of this Realm the Property and Liberty of the Subject and to the Petition of Right without disputing our Right We were contented that all the proceedings in that business should be adjudged void and disannulled and the Judgments Enrolments and Entries thereupon should be vacated and cancelled in such manner as was desired Under colour of executing the Forrest-Laws and of keeping the Justice in Eyres Seat very many Persons had been grieved and vexed by Presentments Fines Judgments and Imprisonments the Meets Limits and Bounds of Forrests extended and some endeavours been made to set on foot Forrests where in truth none had been We no sooner received complaint of this but We passed an Act for the certainty of the Meets Limits and Bounds of all the Forrests in England with such further Provisions for the ease of Our Subjects as were desired at Our hands If by the negligence or wilfulness of persons trusted by Us any Grievance or inconvenience had been contracted in any part of Our Kingdom which seemed not to have so general an influence upon the whole upon the first clear Information We did Our part for the easing of them and therefore We passed for the benefit of Our good Subjects of Devon and Cornwall an Act against divers Incroachments and Oppressions in the Stannary-Courts And We were so confident this way to win the Hearts and Affections of all Our good Subjects and that both Our Houses of Parliament would at last find a time to give too that We made their Asking the only Rule to Our Grants and parted with any thing they desired Us to relinquish So in the Preamble to the Bill of Tonnage and Poundage We parted with Our Title of Imposing a Power adjudged good and exercised by Our Ancestors and though disputed never resolved against by Judgment in Parliament So in the Act for regulating the Office of Clark of the Marker because the undue execution thereof had been grievous to many of Our loving Subjects We consented that no Clark of the Market of Our House shall hereafter execute His Office in any part of Our Kingdom but only within the verge of Our Court and granted the Execution of that Office to the Mayors and Bayliffs of Towns Corporate and to the Lords of Liberties and Franchises and to their Deputies So because about the beginning of Our Reign several Writs had issued out of Our Court of Chancery in the business of Knighthood and been transmitted with their Returns into Our Court of Exchequer where the proceedings were not fit and warrantable We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood absolutely to part with and discharge a Right and Duty as unquestionably due to Us by the Law as any Service We can challenge So which is the highest instance of Trust that ever King gave His Subjects upon Information that Credit could not be obtained for so much Mony as was requisite for the relief of Our Army and People in the Northern parts for preventing the imminent Danger the Kingdom was in and for supply of Our present and urgent Occasions for fear the Parliament might be dissolved before Justice should be done upon Delinquents publick Grievances be redressed a firm Peace between the two Nations of England and Scotland concluded and before provision should be made for the repayment of such Monies as should be so raised though We knew what power We parted from and trusted Our Houses with by so doing and what might be the Consequence of such a Trust if unfaithfully managed We neglected all such suspicions which all Men now see deserved not to be slighted and We willingly and immediately passed that Act for the continuance of this
Witnesses cross-examined though they attended above twelve months to do it and if some men had not believed that their general and violent expressions affirming this to be a Plot equal to that of the Gun-powder-Treason would sooner be believed if it were not publickly discussed but left to every mans fancy to heighten according to his own Inclinations and had not feared that if the whole Examinations taken and not such only as they pleased to select had come to light it would have appeared by the Examination of Master Goring purposely supprest with what intention that mention of bringing up the Army was made with what earnestness it was opposed and with what suddenness it was deserted and many extenuations of and many other contradictions to what is now published would have appeared and this impossible Stratagem with which they have so much disturbed Our Subjects and reproached Us could never have been made so much use of After all this readiness in Us to do whatsoever they desired of Us and patience in suffering them to do whatsoever they pleased to Us We gave them warning that if there were any more good Bills which they desired might pass for the benefit of Our Subjects We wished they might be made ready against such a time when We resolved according to Our Promise to Our Scots Subjects with which they were well acquainted to repair into Our Kingdom of Scotland to settle the unhappy Differences there Upon this We were earnestly desired by both Our Houses of Parliament to deferr Our Journey thither as well upon pretence of the Danger if both Armies were not first disbanded as that they had many good Laws in readiness for the settling the Differences here We were by their entreaty perswaded to deferr Our Journey to a day agreed on by themselves assuring Our Self that they would think themselves obliged against that time not only to disband Our Armies but so to prepare and digest the business of Parliament that We might have made a Session before Our going But that Malignant Faction was so prevalent that the debate of the Bishops Bill took up most of their time so that neither any care was taken for the disbanding the Army nor any thing done that had any reference to the publick benefit and when the time of Our stay was expired and even the day come themselves had appointed a new Address was made unto Us for a longer stay of fourteen days because the Treaty was not concluded nor the Armies disbanded which was the main ground of Our deferring it before This Suit which was the first We denied them We could not grant there being that necessity with reference to Our Promise and to the expectation of Our Subjects of Scotland that it was not in Our power to satisfie them as We informed both Houses Our self at a Conference and according to that necessity We undertook that Journey not doubting but that when We should have dispatched the Affairs of that Kingdom which We hoped speedily to do and both Our Houses of Parliament should have refreshed themselves in the Visitation of those for whom they had so well provided by Our Favour We should meet again with mutual Confidence one in another and that it would be Our turn then to receive such Testimonies of that Confidence and Affection as We had deserved But the mischievous and indefatigable industry of that Malignant party which had before Our going interrupted that Correspondence which We deserved from Our People had with no less Malice provided for Our reception at Our Return instead of reducing business to that head that the Distractions of the Kingdom might be composed by the due observation and execution of the Laws We found things far more out of order than We left them and Our good Subjects more puzzled to know their Duties Orders had been made in the House of Commons and published in derogation of the Book of Common-Prayer and for suspension of those Laws in force which concerned the Government of the Church and though another Order of the Lords was likewise published according to Law for the due observation of the Laws established and for suppressing those Disorders which were every day breaking out by the faction of mean loose persons against the Divine Service appointed by Law the House of Commons took upon them publickly to declare against that Order because it was only made with the consent of eleven Lords and that nine other Lords did then dissent from it whereas in truth the said Order was made in a full House in January before and only Ordered then by that difference of number to be printed after the House of Commons had made in a very thin House and after it had been rejected by Vote that illegal Order for such alteration in the Church and if in truth it had been then made and but by the odds of two Voices being in pursuance of the Law all men will think it of much more validity than any Order of the House of Commons against the Law which in truth hath no Authority to make any Orders in business of that nature And therefore the publishing of that Order and Declaration of the ninth of September must be confessed by all men to be such a breach and violation of the Privilege of the Peers House besides the Affront offered to Us and injury to Our good Subjects and to the Law by it that before this Parliament was never heard of and was an apparent evidence that they meant the whole Managery of the Kingdom and the Legislative power should be undertaken by the House of Commons without the Consent either of Us or Our Nobility Yet the Execution of this Order was with great Diligence and Animosity pressed upon Our good Subjects and many troubled and imprisoned for not submitting thereunto When they had made this breach upon the Ecclesiastical State they took care under pretence of encouragement of Preaching to erect Lectures in several Parishes and to commend such Lecturers as best suited with their Designs men of no learning no Conscience but furious Promoters of the most dangerous Innovations which were ever induced into any State many of them having taken no Orders yet recommended by Members of either House to Parishes as at Leusham in Kent and many other places And when Mechanick persons have been brought before them for Preaching in Churches and confessed the same the power of these Grand Reformers hath been so great that they have been dismissed without Punishment hardly with Reprehension All persons of Learning and eminency in Preaching of sober and vertuous Conversations and great Examples in their Lives even such as amongst these Men had been of greatest estimation and suffered somewhat for them were discountenanced and such Men principally cherished who boldly and seditiously preached against the Government of the Church against the Book of Common-Prayer against Our Kingly lawful Power and against Our Person many of which were commended to if not imposed upon
Parishes first by special Letters and earnest Sollicitations from the prime Leaders of this turbulent Faction after by Orders requiring such Ministers as would not accept their Recommendations to attend and shew cause All licence was given to those leud Seditious Pamphlets which despised the Government both of the Church and State which laid any Imputations and Scorns upon Our Person or Office and which filled the ears of all Our good Subjects with Lyes and monstrous Discourses to make them believe all the ill of the Government and Governors of Church and State Books against the Book of Common-Prayer and the established Laws of the Land suffered without reprehension to be dedicated to both Houses of Parliament whatsoever the Rancour and Venome of any Infamous person could digest published without control and nothing discountenanced and reproached but a dutiful regard of Us and Our Honour and a sober esteem and application to the Laws of the Kingdom This was the condition We found at our return from Scotland besides a strange groundless apprehension of Danger infused generally into the minds of Our good Subjects as if some notable Design were in hand against the Parliament against the City of London against the whole Kingdom of England There fell out an Accident whilest We were in Scotland concerning the Marquesses of Hamilton and Argile Those two Lords upon some information given to them that their Persons were in danger upon a sudden withdrew themselves from the Parliament in Scotland and for some few days removed out of Edenburgh Whatever they had been informed and what ever they suspected the Grounds of both were very fully examined by the Parliament there their Persons being of that quality and estimation in that Kingdom that they were sure of Justice Upon the whole themselves and the Parliament were satisfied that the Information first given to them could not be made good to the proof of any Design to the Danger of these Lords and the Examinations of the whole matter sent by Our direction to Our Parliament here How if all had been true that was imagined this business could so highly and nearly concern the Peace of this Kingdom and the present Safety of both Our Houses of Parliament We cannot imagine Yet upon the first report of it here which was the day before the first Meeting after the Recess without staying to hear the opinion of Our Parliament there who used all diligence in the examination or of Our Parliament here such strange Glosses and Interpretations were made upon that accident not without reflection upon Us and Our Honour as if at the same time there had been such a Design to have been executed here as they had fancied to themselves that to be and a sudden resolution was taken first by the Committee during the Recess after by the Houses to have a Guard for the defence of London Westminster and both Our Houses of Parliament which must needs make a great impression in the minds of Our good Subjects in a time when they were newly freed from the fears of two Armies to be awaked with the apprehension of Dangers of which seeing no ground they were to expect no end Matters being thus stated and all possible skill being used by that Faction and by their Emissaries of the Clergy who at the same time such Clamour was raised of the unlawfulness that the Clergy should meddle in Temporal Affairs were their chief Agents to derive their Seditious directions to the People and were all the week attending the doors of both Houses to be imployed in those errands to infuse the most desperate Fears into the minds of all Men that could be imagined To be sure that the memory of former bitterness might not depart they provide for Our Entertainment against We should come to London to present Us with a Remonstrance as they called it of the State of the Kingdom laying before Us and publishing to all the world all the mistakes and all the misfortunes which had happened from Our first coming to the Crown and before to that hour forgetting the blessed condition notwithstanding the unhappy mixture all Our Subjects had enjoyed in the benefit of Peace and Plenty under Us to the envy of Christendom objecting to Us the Actions of some and the thoughts of others and reproaching Us with matters which indeed never entred into Our thoughts nor to Our knowledge into the thoughts of any other reviling Us to the People and complaining to Us of the House of Peers whose Authority Interest and Privilege was then as much slighted and despised as Ours is since and easily passing over those singular Acts of Our Grace passed by Us this Parliament or ascribing them to their own wisdom in the procurement they concluded against a Malignant Party and that they had no hope of settling the Distractions of the Kingdom for want of concurrence with the House of Peers and that concurrence was desperate by reason of the Prevalency of the Bishops and of the Recusant Lords into which number all those Lords were cast who presumed to dissent from any Propositions made by the House of Commons When this Engine was prepared for the People by the prime Leaders of that desperate Faction it was presented to the House of Commons and the greatest industry and skill used that is imaginable by private Sollicitations Threats and Promises to procure consent that it might be passed by that House and after a long debate longer than ever was known in Parliament till three of the clock in the morning from ten the day before when very many through weariness and weakness were forced to leave the House so that it looked as was well said like the Verdict of the Starved Jury they carryed it by eleven Voices And shortly within very few days after Our return when We had been received with all possible expressions of Joy by Our City of London which was publickly murmured against and the chief advancers of that Duty and Affection discountenanced as if they envied Us the Loyalty of Our People and when it was publickly said in Our House of Commons upon some dispute of a pretended breach of the Orders of the House That their Discipline ought to be severe for the Enemy was in view that Remonstrance was presented to Us at Our Court at Hampton-Court by some Members of the House of Commons with a Petition contracting the sharp Language in the Remonstrance into less room amongst other things That We would concurr with Our People for depriving the Bishops of their Votes in Parliament for which there was no Bill passed both Houses and to employ such Persons about Us as Our Parliament might confide in We received this strange Petition and stranger Remonstrance graciously from the hands of the Presenters promised them an Answer and in the mean time desired that the Remonstrance might not be published to the People the thing it self and the printing any thing of the like nature being never heard of by the
We are to receive Advice for the Preservation of the Religion Laws and Safety of the Kingdom and as far as in Us lyes to restore it to its former Peace and Security Our chief and only end from those whom they have trusted though We cannot receive it in the place where We appointed And for the better encouragement of those Members of either House to resort to Us who may be conscious to themselves of having justly incurred Our Displeasure by submitting to or concurring in unlawful Actions and that all the World may see how willing and desirous We are to forget the Injuries and Indignities offered to Us and by an Union of English Hearts to prevent the lasting Miseries which this Foreign Invasion must bring upon this Kingdom We do offer a free and General Pardon to all the Members of either House who shall at or before the said twenty second day of January appear at Our City of Oxford and desire the same without Exceptions which considering the manifest Treasons committed against Us and the Condition We are now in improved by God's wonderful blessing to a better degree than We have enjoyed at any time since these Distractions is the greatest instance of Princely and Fatherly Care of Our People that can be expressed and which malice it self cannot suggest to proceed from any other Ground And therefore We hope and are confident that all such who upon this our gracious Invitation will not return to their Duty and Allegiance shall be no more thought Promoters of the Religion laws and liberty of the Kingdom which this way may be without doubt setled and secured but Persons engaged from the beginning out of their own Pride Malice and Ambition to bring Confusion and Desolation upon their Country and to that purpose having long since contrived the Design to invite and joyn with a Foreign Nation to ruine and extinguish their own and shall accordingly be pursued as the most desperate and malicious Enemies of the Kingdom And Our pleasure is That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom and Dominion of Wales Given at Our Court at Oxford the two and twentieth day of December in the Nineteenth year of Our Reign 1643. God Save the KING MDCXLIII IV. A Letter from the Lords at Oxford and other Lords whose Names are subscribed to the Lords of the Privy-Council and the Conservators of the Peace of the Kingdom of Scotland Our very good Lords IF for no other Reason yet that Posterity may know we have done our Duties and not sate still while our Brethren of Scotland were transported with a dangerous and fatal mis-understanding that the Resolution now taken among them for an Expedition into England is agreeable to their obligation by the late Treaty and to the Wishes and Desires of this Kingdom expressed by the two Houses of Parliament we have thought it necessary to let your Lordships know That if we had dissented from that Act it could never have been made a Law And when you have examined and considered the Names of us who subscribe this Letter who we hope are too well known to your Lordships and to both Kingdoms to be suspected to want Affection to Religion or to the Laws and Liberties of our Country for the Defence and maintenance of which we shall always hold our Lives a cheap Sacrifice and when you are informed that the Earls of Arundel and Thanet and the Lords Stafford Stanhope Coventry Goring and Craven are in the parts beyond the Seas and the Earl of Chesterfield Westmorland and the Lord Mountague of Boughton under restraint at London for their Loyalty and Duty to His Majesty and the Kingdom your Lordships will easily conclude how very few now make up the Peers at Westminster there being in truth not above five and twenty Lords present or privy to those Councils or being absent consenting or concurring with them whereas the House of Peers consist of above one hundred besides Minors and Recusant Lords neither of which keep us company in this Address to your Lordships How we and the major part of the House of Commons come to be absent from thence is so notorious to all the World that we believe your Lordships cannot be strangers to it How several times during our sitting there Multitudes of the meanest sort of People with weapons not agreeing with their condition or custom in a manner very contrary and destructive to the privilege of Parliament fill'd up the way between both Houses offering Injuries both by words and actions to and laying violent hands upon several Members and crying out many Hours together against the established Laws in a most tumultuous and menacing way How no remedy would be submitted to for preventing those Tumults After which and other unlawful and unparliamentary Actions many things rejected and setled upon solemn debate in the House of Peers were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliaments and so many of us withdrew ourselves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And we must therefore protest against any Invitation which hath been made to our Brethren of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England And we do conjure your Lordships by our common Allegiance and Subjection under one gracious Sovereign by the Amity and Affection between the two Nations by the Treaty of Pacification which by any such Act is absolutely dissolved and by all Obligations both Divine and Humane which can preserve Peace upon earth to use your utmost endeavours to prevent the effusion of so much Christian blood and the Confusion and Desolation which must follow the unjust Invasions of this Kingdom which we and we are confident all true English men must interpret as a Design of Conquest and to impose new Laws upon us And therefore your Lordships may be assured we shall not so far forget our own Interests and the Honour of our Nation as not to expose our Lives and Fortunes in the just and necessary defence of the Kingdom But if your Lordships in truth have any doubts or apprehensions that there now is or hereafter may be a purpose to infringe your Laws or Liberties from any Attempt of this Kingdom we do engage our Honours to your Lordships to be our selves most religious observers of the Act of Pacification and if the Breach and violation do not first begin within that Kingdom we are most confident you shall never have cause to complain of this And having thus far expressed Our selves to your Lordships we hope to receive such an Answer from you as may be a means to preserve a right understanding between the two Nations and lay an Obligation upon us to continue Your Lordships
most affectionate humble Servants Ed. Littleton C. S. L. Cottington D. Richmond M. Hartford M. Newcastle E. Huntington E. Bathon E. Southampton E. Dorset E. Northampton E. Devonshire E. Bristol E. Berkshire E. Cleveland E. Marlburgh E. Rivers E. Lindsey E. Dover E. Peterburgh E. Kingston E. Newport E. Portland E. Carbury V. Conway V. Falconbridge V. Wilmot V. Savile L. Mowbray and Maltravers L. Darcy and Coniers L. Wentworth L. Cromwell L. Rich. L. Paget L. Digby L. Howard of Charleton L. Deincourt L. Lovelace L. Pawlet L. Mohun L. Dunsmore L. Seymour L. Herbert L. Cobham L. Capell L. Percy L. Leigh L. Hatton L. Hopton L. Jermyn L. Loughborough L. Byron L. Widderington MDCXLIII IV. Votes of the Commons at Oxford Die Veneris Januar. 26. 1643. Resolved upon the Question Nemine contradicente THat all such Subjects of Scotland as have consented to the Declaration intituled the Declaration of the Kingdom of Scotland and concerning the present Expedition into England according to the Commission and Order of the Convention of Estates from their meeting at Edinburgh August 1643. have thereby denounced War against the Kingdom of England and broke the Act of Pacification Resolved upon the Question Nemine contradicente That all such of the Subjects of Scotland as have in a Hostile manner entred into the Town of Berwick upon Twede have thereby broke the Act of Pacification Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of the Kingdom of England and Dominion of Wales are both by their Allegiance and the Act of Pacification bound to resist and repress all such of the Subjects of Scotland as have in a Hostile manner already entred or shall hereafter enter into the Town of Barwick upon Twede or any other part of His Majesty's Realm of England or Dominion of Wales as Traytors and Enemies to the State Resolved upon the Question Nemine contradicente That shall such of His Majesty's Subjects of the Realm of England or Dominion of Wales that shall be abetting aiding and assisting to the Subjects of Scotland in their Hostile Invasion of any part of His Majesty's Realm of England or Dominion of Wales shall be deemed and taken as Traitors and Enemies to the State Resolved upon the Question Nemine contradicente That all His Majesty's Subjects of Scotland are bound by the Act of Pacification to resist and repress all of that Kindom that already haveraised Arms or shall rise in Arms to invade this Kingdom of England or Dominion of Wales Votes of the Commons at Oxford March 12. 1643. Resolved upon the Question Nemine contradicente THat the Lords and Commons now remaining at Westminster that have given their Votes or consent to the raising of Forces under the Command of the Earl of Essex or have been abetting aiding or assisting thereunto have levied and made War against the King and are therein guilty of High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster that have given their Votes and consents for the making and using of a new Great Seal have thereby counterfeited the Kings Great Seal and therein committed High Treason Resolved upon the Question Nemine contradicente That the said Lords and Commons now remaining at Westminster that have given their consents or have been abetting aiding or assisting to the present coming in of the Scots into England in a Warlike manner have therein committed High Treason Resolved upon the Question Nemine contradicente That the Lords and Commons now remaining at Westminster who have committed the Crimes mentioned in the three former Votes have therein broken the Trust in them reposed by their Country and ought to be proceeded against as Traitors to the King and Kingdom Resolved upon the Question Nemine contradicente That all the Endeavours and Offers of Peace and Treaty made by His Majesty by the advice of the Lords and Commons of Parliament assembled at Oxford have been refused and rejected by the Lords and Commons remaining at Westminster MDCXLIII IV. A Declaration of the Lords and Commons of Parliament assembled at Oxford of their Proceedings touching a Treaty for Peace and the Refusal thereof with the several Letters and Answers that passed therein IF our most earnest Desires and Endeavours could have prevailed for a Treaty our Proceedings therein without this Declaration would have manifested to all the World the clearness of our Intentions for the restoring the Peace of this Kingdom But seeing all the means used by Us for that purpose have been rendred fruitless we hold our selves bound to let our Countries know what in discharge of our Duty to God and to them we on our parts have done since our coming to Oxford to prevent the further effusion of Christian blood and the Desolation of this Kingdom His Majesty having by His Proclamation upon occasion of the Invasion from Scotland and other weighty reasons commanded our attendance at Oxford upon the 22. of January last there to advise Him for the preservation of the Religion Laws and Safety of the Kingdom and to restore it to its former Peace and Security these Motives with the true sense of our Countries Miseries quickned our duty to give ready obedience to those His Royal Commands hoping by God's blessing to have become happy Instruments for such good Ends. And upon our coming hither we applyed our selves with all diligence to advise of such means as might most probably settle the Peace of this Kingdom the thing most desired by His Majesty and our selves And because we found many gracious offers of Treaty for Peace by His Majesty had been rejected by the Lords and Commons remaining at Westminster we deemed it fit to write in our own names and thereby make tryal whether that might produce any better effect for accomplishing our desires and our Countries Happiness And they having under pain of Death prohibited the address of any Letters or Message to Westminster but by their General and we conceiving him a Person who by reason of their trust reposed in him had a great influence into and Power over their Proceedings resolved to recommend it to his Care and to engage him in that Pious Work with our earnest desire to him to represent it to those that trusted him to prevent all exceptions and delay And thereupon the 27. of the same January dispatched a Letter away under the hands of the Prince His Highness the Duke of York and of 43. Dukes Marquesses Earls Viscounts and Barons of the House of Peers and 118. Members of the House of Commons there present many others of us by reason of distance of place sickness and imployments in His Majesty's Service and for want of timely notice of the Proclamation of Summons not being then come hither which Letter we caused to be inclosed in a Letter from the Earl of Forth the Kings General A true Copy of which Letter from us to the Earl of Essex hereafter followeth viz. My Lord HIS
Majesty having by His Proclamation of the 22. of December upon the occasion of the Invasion threatned and in part begun by some of His Subjects of Scotland summoned all the Members of both Houses of Parliament to attend him here at Oxford we whose Names are under-written are here met and Assembled in obedience to those His Majesty's Commands His Majesty was pleased to invite us in the said Proclamation by these gracious expressions That His Subjects should see how willing He was to receive Advice for the preservation of the Religion Laws and Safety of the Kingdom and as far as in Him lay to restore it to its former Peace and Security His chief and only end from those whom they had trusted though He could not receive it in the Place where He appointed This most gracious Invitation hath not only been made good unto us but seconded and heightned by such unquestionable Demonstrations of the deep and Princely sense which possesses His Royal Heart of the Miseries and Calamities of His poor Subjects in this unnatural War and of His most entire and passionate Affections to redeem them from that sad and deplorable condition by all ways possible consistent either with His Honour or with the future Safety of the Kingdom that as it were Impiety to question the Sincerity of them so were it great want of Duty and Faithfulness in us His Majesty having vouchsafed to declare that He did call us to be Witnesses of His Actions and privy to His Intentions should we not testifie and witness to all the World the assurance we have of the Piety and sincerity of both We being most entirely satisfied of this truth we cannot but confess that amidst our highest afflictions in the deep and piercing sense of the present Miseries and Desolations of our Country and those farther Dangers threatned from Scotland we are at length erected to some chearful and comfortable thoughts that possibly we may yet by God's Mercy if his Justice have not determined this Nation for its Sins to total Ruine and Desolation hope to be happy Instruments of our Countries Redemption from the Miseries of War and restitution to the Blessings of Peace And we being desirous to believe your Lordship howsoever ingaged a person likely to be sensibly touched with these considerations have thought fit to invite you to that part in this blessed Work which is only capable to repair all our misfortunes and to buoy up the Kingdom from Ruine that is by conjuring you by all the Obligations that have Power upon Honour Conscience or publick Piety that laying to heart as we do the inwardly-bleeding condition of your Country and the outward more menacing Destruction by a Foreign Nation upon the very point of invading it you will co-operate with us to its Preservation by truly representing to and faithfully and industriously promoving with those by whom you are trusted this following most sincere and most earnest desire of ours That they joyning with us in a right sense of the past present and more threatning Calamities of this deplorable Kingdom some persons be appointed on either part and a place agreed on to treat of such a Peace as may yet redeem it from the brink of Desolation This Address we should not have made but that His Majesty's Summons by which we are met most graciously proclaiming Pardon to all without exception is evidence enough that His Mercy and Clemency can transcend all former Provocations and that He hath not only made us witnesses of His Princely Intentions but honoured us also with the name of being Security for them God Almighty direct your Lordship and those to whom you shall present these our most real desires in such a course as may produce that happy Peace and Settlement of the present Distractions which is so heartily desired and prayed for by us and which may make us Your c. From Oxford the 27. of Jan. 1643. We are not ashamed of that earnest meek and Christian request we made in that Letter though it was cryed through London Streets in scorn as the Petition of the Prince and Duke of York for Peace and we thought it would have prevailed to have procured a Treaty for so blessed a thing as Peace and for such an end as redeeming the Kingdom from Desolation the only desire of that our Letter But instead of a compliance with us in this Christian work of Treaty and Accommodation we received a mere frivolous Answer or rather a paper of Scorn in form of a Letter directed to the Earl of Forth wherein was inclosed a Printed paper called A National Covenant of the Kingdoms of England and Scotland and two other Papers in writing one called A Declaration of both those Kingdoms and the other A Declaration of the Kingdom of Scotland Pamphlets full of Treason Sedition and Disloyalty which being publick and needless here to be inserted the Copy of the Letter hereafter followeth My Lord I Received this day a Letter of the nine and twentieth of this instant from your Lordship and a Parchment subscribed by the Prince Duke of York and divers other Lords and Gentlemen but it neither having Address to the two Houses of Parliament nor therein there being any acknowledgment of them I could not communicate it to them My Lord the maintenance of the Parliament of England and of the Privileges thereof is that for which we are all resolved to spend our blood as being the foundation whereupon all our Laws and Liberties are built I send your Lordship herewith a National Covenant solemnly entred into by both the Kingdoms of England and Scotland and a Declaration passed by them both together with another Declaration of the Kingdom of Scotland I rest Your Lordships humble Servant Essex Essex-House Jan. 30. 1643. Whosoever considers this Letter will easily find it was fully understood to whom ours was desired to be communicated under the expression of those by whom their General was trusted And although it be pretended because there was no Address to the two Houses of Parliament nor ackuowledgment of them it could not be communicated to them it is notoriously known he did so far impart it that a Committee of theirs advised the Answer and it appears by the penning they all concurred in the resolution therein mentioned whereby it is evident that this was but an excuse framed to avoid a Treaty And what could that printed Covenant and two Declarations enclosed signifie but to let us know that before we come to any Treaty we must also joyn in that Covenant with them for the absolute extirpation of Church-Government here without nay though against the Kings Consent submit the Lives Liberties and Estates of us and all those who according to their Allegiance have assisted His Majesty to their Mercy and admit and justifie the Invasion from Scotland according to the plain sense of their Declaration which all indifferent Men will think strange Preparatives to a Treaty for Peace and after such
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
the composing and ending of those unhappy Differences and Distractions about which so much blood hath been already spilt which Treaty may by the blessing of God who is the disposer of all mens hearts and of all events be a means to produce a Peace and whereas it is the Duty and hath been the practice of Christians under Affliction to set apart some time for publick and solemn Humiliation and Prayer for removing of God's Judgments and particularly for a Blessing and good Success to the means conducing to their Deliverance We do therefore by this Our Praclamation appoint and streightly charge and command that on Wednesday being the 5. of February next ensuing a solemn Fast be kept in all places within Our Dominions whither the notice of this Our Proclamation shall or may come before that time that both Prince and People may then joyn together in a true Humiliation and Devout and earnest Prayers to God that He would be pleased so to bless and prosper this intended Treaty that it may produce a happy Peace in all Our Dominions such as may be for his Honour and the good of His Church and of Us and all Our Subjects And We do hereby charge and require all Our Subjects of what degree or condition soever they be which shall have notice of this Our Proclamation That they do religiously prepare and apply themselves to a due observation of the same by Fasting Humiliation and Prayer on that day and in hearing of God's Word as they will answer to God their neglect of this Christian Duty and as will Answer to Us their neglect of this Our just and necessary Command And for the better and more orderly observation of this Fast We do hereby appoint that the Form of Prayer and Service of God set forth in the Book heretofore published for the Monthly Fast with such Alterations and Additions as shall be prepared and fitted for this present purpose and published in Print before the said day shall be used in all Churches and Chapels where this Fast shall be kept Given at Our Court at Oxford this 27. day of January in the Twentieth year of Our Reign 1644. God Save the KING HIS Majesty having received an Account from His Commissioners of their proceedings in the late Treaty at Vxbridge to the end that all His People may be fully satisfied of His earnest and constant endeavours to procure the publick Peace whereby to put an end to these present Miseries hath commanded this full and plain Narrative of all the Passages concerning that Treaty to be made and published AFter His Majesty's Message from Evesham of the 4. of July last desiring and propounding a Treaty for Peace and His second Message from Tavestock of the 8. of September last renewing that desire at length on the 23. day of November last past the Earl of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following VVE Your Majesty's Loyal Subjects assembled in the Parliaments of both Your Kingdoms from the sense of that Duty we owe unto Your Majesty and of the deep Sufferings and many Miseries under which Your People of all Your Kingdoms lie bleeding in this unnatural War after long and serious consultation about the best ways and means of their Preservation and for settling Your Majesty's Throne and Your Subjects in Peace and Security have with common consent resolved upon these Propositions which we do humbly tender unto Your Majesty The humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms united by solemn League and Covenant to be presented to His Majesty I. That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them and all Indictments Outlawries and Attainders against any for the said Causes be declared Null suppressed and forbidden and that this be publickly intimated in all Parish-Churches within His Majesty's Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such Penalties as by mutual Advice of both Kingdoms shall be agreed upon III. That the Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellours and Commissaries Deans and Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellours Treasurers Sub-treasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under-Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29 of Novemb. 1643. and joint Declaration of both Kingdoms IV. That the Ordinance concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses shall agree upon after Consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniforminy in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VI. That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory worshipping of the consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be sufficient conviction in Law of Recusancy VII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion VIII An Act for the true levying of the Penalties against them
Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects and that in those cases of joynt concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms 4. To order the War of Ireland according to the Ordinance of the 11 th of April and to order the Militia and conserve the peace of the Kingdom of Ireland XVIII That His Majesty give His assent to what the two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XIX That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the great Seal deserted the Parliament and that the said great Seal was surreptitiously conveyed away from the Parliament being the 21. day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without consent of both Houses of Parliament and that all Honour and Title conferred on any without consent of both Houses of Parliament since the 20. day of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the great Seal before the 4. of June 1644. XX. That by Act of Parliament the Deputy or chief Governour or other Governours of Ireland be nominated by both Houses of Parliament or in the Intervals of Parliament by the Commissioners to continue during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the said Houses or in the Intervals of Parliament during the pleasure of the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting And that the Chancellor or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-Ports Chancellors of the Exchequer and Dutchy Secretaries of State Judges of both Benches and of the Exchequer of the Kingdoms of England and Ireland be nominated by both Houses of Parliament to continue quamdiu se bene gesserint and in the Intervals of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland adding the Justice General and in such manner as the Estates in Parliament there shall think fit XXI That by Act of Parliament the Education of Your Majesty's Children and the Children of Your Heirs and Successors be in the true Protestant Religion and that their Tutors and Governours be of known Integrity and be chosen by the Parliaments of both Kingdoms or in the Intervals of Parliaments by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting and that if they be Male they be married to such only as are of the true Protestant Religion if they be Female they may not be marryed but with the advice and consent of both Parliaments or in the Intervals of Parliament by their Commissioners XXII That Your Majesty will give Your Royal Assent to such ways and means as the Parliaments of both Kingdoms shall think fitting for the uniting of the Protestant Princes and for the entire Restitution and Re-establishment of Charles Lodwick Prince Elector Palatine His Heirs and Successors to His Electoral Dignity Rights and Dominions Provided that this extend not to Prince Rupert or Prince Maurice or the Children of either of them who have been the Instruments of so much blood-shed and mischief against both Kingdoms XXIII That by Act of Parliament the concluding of Peace or War with Foreign Princes and States be with advice and consent of both Parliaments or in the Intervals of Parliaments by their Commissioners XXIV That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively relative to the Qualifications in the Propositions aforesaid concerning the joint Declaration of both Kingdoms with the exception of all Murderers Thieves and other Offenders not having relation to the War XXV That the Members of both Houses of Parliaments or others who have during this Parliament been put out of any Place or Office Pension or Benefit for adhering to the Parliament may either be restored thereunto or otherwise have Recompence for the same upon the humble desire of both Houses of Parliament The like for the Kingdom of Scotland XXVI That the Armies may be Disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both Kingdoms or such as shall be Authorized by them to that effect XXVII That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser That the Militia of the City of London may be in the ordering and Government of the Lord Major Aldermen and Commons in Common-Council assembled or such as they shall from time to time appoint whereof the Lord Major and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the weekly Bills of Mortality may be under Command of the Lord Major Aldermen and Commons in Common-Council of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removable by the Common-Council That the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future And for prevention of Inconveniences which may happen by the long intermission of Common-Councils it is desired that there be an Act that all By-Laws and Ordinances already made or hereafter to be made by the Lord Major Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating of the same shall be as effectual in Law to all intents and purposes as if the same were particularly enacted by the Authority of Parliament and that the Lord Major Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Upon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earl of Southampton with this Message of the 13. of December HIS Majesty hath seriously
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises and do hereby give unto them and to any Ten or more of them full power and authority to meet and on Our part to Treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
upon the other and the one upon the Government of the other and concerning some other Passages having relation to the Militia Which would be intricate if they should be set down in the order of time as they were delivered And because sometimes divers Papers were delivered together therefore they are here placed according to their distinct matters And first touching the Nomination of Persons and Limitation of the Time The King's Commissioners delivered in this Paper 14. Feb. IF your Lordships are not satisfied with the Papers delivered to your Lordships by us on the 6 th of February concerning the Militia as far as the same concerns this Kingdom we desire according to your Lordships offer in your first and second Paper delivered to us the sixth of February that your Lordships will satisfie us of the Reasonableness of your Demands and that the nominating of the Persons ought to be by the two Houses only and that the time ought not to be limited Their Answer 14. Feb. BY your Lordships Paper received this day we apprehend your desire to proceed in the Treaty upon the Propositions for the Militia as far as the same concerns this Kingdom without any mention of the Kingdom of Scotland In Answer whereunto we refer your Lordships to a former Paper of the 6 th of February instant whereby we desired your full and clear Answer to our Propositions for the Militia of both Kingdoms in order as we have delivered them and as they do relate to both Kingdoms and that we could not Treat upon your Lordships Answer which divides them We still insist on that Paper and when your Lordships shall be pleased to give an Answer thereunto we shall be ready to clear any Doubts which may remain with your Lordships The Kings Commissioners Reply 14. February WE do desire to proceed in the Treaty upon the Propositions for the Militia as the same concerns both Kingdoms joyntly as well as either of them severally neither is the contrary expressed as we conceive in the Paper delivered by us to your Lordships this day But we cannot reasonably answer to them as they concern one or both Kingdoms before we receive satisfaction from your Lordships of the Reasonableness of your Demands which your Lordships were pleased to promise us by two of your Papers of the sixth of February and which we again desire of your Lordships concerning the Persons and the Time conceiving it unreasonable that all the Persons shall be nominated only by the Houses and that the Time should be unlimited Their Answer 15. Feb. VVE have formerly desired your Lordships Answer to the Propositions for the Militia in order as we delivered them and as they do relate to both Kingdoms and not to give any Answer which shall divide them Yet we observe in the matter of your Lordships third Paper yesterday received that you desire satisfaction in the particulars there mentioned as the same concern the Kingdom of England only in pursuance of a former Paper given in by your Lordships the 6 th of February We therefore again desire as formerly that such Answer as your Lordships shall think fit to make to our Propositions concerning the Militia may be applyed to both Kingdoms joyntly and then we shall be ready by Conference to clear any Objections which your Lordships shall make against the Reasonableness of our Demands The King's Commissioners Paper 15 February WE desire that your Lordships will satisfie us of the Reasonableness of your Demands concerning the settling the Militia of both Kingdoms and that the nominating of the Persons ought to be by the two Houses of Parliament and the like for the Kingdom of Scotland and that the Time ought not to be limited Their Paper 15. February YOUR Lordships Demand in your 4. Paper being made concerning the Militia of both Kingdoms we are ready upon Conference to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively or against the Time for which the Militia is demanded in the Propositions After some time spent in Conference for Limiting the Time wherein the Debate was touching the unreasonableness of the Demand for taking from the King the Power of the Militia and settling it in Commissioners to be nominated by the two Houses not limited to any Time the Kings Commissioners gave in this Paper 15. Feb. WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia or whether you must insist that the Time be unlimited Their Answer 17. Feb. IN Answer to your sixth Paper of the 15 th of this instant concerning the limitation of time in the settling of the Militia we do insist That the Time be unlimited according to our former Demands The King's Commissioners Reply 17. February AFter so long Debate between us concerning the limitation of Time in the settling of the Militia in which we conceived your Lordships had been satisfied that as it is no way necessary for the security of the observation and performance of the present Agreement that the Time should be unlimited so in respect of other considerations it may be very mischievous that it should be unlimited we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time and are sorry that your Lordships will not give us an Answer to that Question that thereupon we might have endeavoured to have given your Lordships other satisfaction than by not knowing your power therein we are enabled to do Their Paper 17. Feb. WE conceived that after so long a Debate between us your Lordships would have been satisfied that it was most fit concerning the settling the Militia for the Time to be unlimited as we have formerly desired and which by our Instructions we are to insist upon They also delivered in this Paper 17. Feb. WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same and that we may have a sight of such Instructions or Directions Their Answer 17. Feb. VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia as we hope will give your Lordships satisfaction being such as upon the Conference and Information we have received from your Lordships seems to us to be most reasonable It appeareth by our Commission whereof your Lordships have a Copy that it hath not any reference to any Instructions It is true that as we have according to our Duty from time to time acquainted His Majesty with our proceedings so in some particular cases we have desired to be assisted with His Majesty's Opinion but what Answers we
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves apart delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. Feb. VVE the Commissioners of the Parliament of Scotland do declare that our Consent to the Paper given in this day concerning the limitation of the Power of the Militia in Commissioners according to the 17 th Proposition to continue for seven years from the time of the passing of the Act for the Militia and after the expiration of that term to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy Agreement and settling of a firm and blessed Peace The King's Commissioners Answer 22. Feb. VVE have hitherto conceived that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the twentieth of Feb. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day we desire to know whether the Commissioners of the Parliament of Scotland have a negative voice or have not power to conclude without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with And after your Lordships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20 th of February Their paper 122. Feb. THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly and not severally and your Lordships the Commissioners from His Majesty and the Commissioners of the Parliament of Scotland did joyn with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries But seeing it contains an alteration limiting the time to seven years which in the former Propositions agreed to by both Parliaments is indefinite they did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto The King's Commissioners Paper 22. Feb. WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships Paper and no Answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voice and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland Upon the Answer to which we must the rather insist because your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of Time now offered differs from the Propositions agreed on by both Parliaments in which the Time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt Paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concerns us to know whether the said Commissioners have a negative voice in this Treaty For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years it is not possible by reason of this shortness of time for the Treaty it being ten of the clock this night when your Paper was delivered to give your Lordships a full Answer it being necessary for us to receive satisfaction from your Lordships in writing or by Conference whether by the words and not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the Legal Power which He now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively For which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we do propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but again resumed which we propose as the best Expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdom from utter Ruine and Desolation After this about two of the clock the next morning they gave this Paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the Paper of the 17. of February n o 129. Their Paper 22. Feb. VVE conceive if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms you will be satisfied with our Answers to your several Questions Where any Doubts were of the expressions we did explain them and where the Propositions were so clear as they could bear no doubtful sense we did refer your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all Objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses only and His Majesty who is to be equally secured should name none we much marvel at when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Laws of the Kingdom and by the Duties and Affections of His Subjects neither could the Commissioners do any thing in violation of the Peace to the prejudice of His Majesty contrary to
refused to consent to the Bill presented to His Majesty after this for the levying more Money for Ireland justly fearing that the same might be used as the former had been And for the few Cloaths for there were no Moneys intercepted by his Majesties Souldiers in His Majesties Quarters which are said to be intended for Ireland the same were intercepted near Coventry and going thither after that City had refused to receive His Majesty though at the Gates But His Majesty never refused to give any safe Pass through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the Extracts and Copies of the Letters delivered by us to your Lordships from the Lords Justices and Council of Ireland and the Officers of the Army we have been and are willing that your Lordships should compare them with the Originals but for your having the Names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that Advice might incur if at any time they should be found within your Quarters And having now satisfied your Lordships in the matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Majesties Protestant Subjects there and the re-setling of that Kingdom in His Majesties Obedience Their Reply 18. Feb. WE do conceive that the Arguments used by us might have fully satisfied your Lordships against His Majesties Power to make a Cessation with the Rebels in Ireland having answered whatsoever your Lordships have hitherto alledged to the contrary and offered if any other Doubts yet remain by Conference to clear them which still we are ready to do and we have heard nothing just or reasonable for that Cessation It will be made evident that the Necessities which by your Lordships were made Excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships Paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their Necessities were discountenanced by the principal Instruments for that Cessation and when they had taken up 2000 l. upon their personal security for the Army there they were presently after commanded from the Council by a Letter brought thither from His Majesty by the Lord Ormond's Secretary and when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arrears it was declared from His Majesty that He disapproved of such Subscriptions whereby that course was diverted And we do affirm that whatever Sums of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former Paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament it is true that Forces were so designed and when the Money Arms and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to command them the same could not be obtained which was the cause those Forces did not go thither and when twelve Ships and six Pinnaces were prepared with a thousand or more Land-Forces for the Service of Ireland and nothing desired but a Commission from His Majesty the Ships lying ready and staying for the same were three Weeks together at three hundred Pound a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the Provision seized by His Majesties Forces were going for Coventry it was made known to His Majesty that the same were for Ireland And your Lordships must needs conceive that the Papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originals as to have the Names of the Persons by whom they were written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former Papers and Debates that the Cessation with the Rebels in Ireland is both unjust and unlawful We therefore insist on our Demands concerning Ireland as apparently good for His Majesties Subjects there and for reducing that Kingdom to His Majesties Obedience Before His Majesties Commissioners gave Answer to this last Paper they being also to answer the rest of the Demands concerning Ireland for their necessary Information touching some Doubts that did arise upon those Demands and the Articles of the Treaty of the 6 th of August concerning Ireland and Ordinances delivered with them the King's Commissioners gave in these several Papers The King's Commissioners First Paper 19. Feb. IN the eighth Article of the Treaty for the coming of the Scots Army into England dated 29. Novemb. 1643. at Edenburgh delivered to us by your Lordships among the Papers for Ireland and desired by the twelfth Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom without the mutual advice and consent of both Kingdoms or the Committees in that behalf appointed who are to have full power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates in Scotland shall not sit We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland Their Answer 19. Feb. WE did in Answer to your Lordships Paper of the first of February upon the Propositions concerning Religion deliver the Treaty of the 29. of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. Feb. YOur Lordships did deliver the Treaty of the 29. of November 1643. to us with the Papers concerning Ireland and on the 7. day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest satisfied with our Answer of the 19. of this instant to your first Paper that day given to us for it will appear appear by your Lordships third Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenburgh 29. Novemb. 1643. was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the third of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concern Ireland and so not pertinent to that Subject the Kings
Commissioners insisted no farther The Kings Commissioners Second Paper 19. Feb. BY the thirteenth Proposition it is demanded that an Act be passed to settle the Prosecution of the War of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know whether if the two Kingdoms shall not agree in their advice touching that War each have a negative Voice or whether the Scots Commander in chief of the Forces in Ireland may manage that War in such case according to his own discretion Their Answer 19. Feb. IN Answer to your Lordships second Paper the Prosecution of the War of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a negative Voice but in case of disagreement the Houses of Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11. of April 1644. delivered to your Lordships formerly The Kings Commissioners Third Paper 19. Feb. BY the twentieth Proposition in the Intervals of Parliament the Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers and Judges there We desire to know whether that Power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners of Scotland shall vote as single Persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament to nominate the Lord Deputy of Ireland and other Officers and Judges there mentioned in the twentieth Proposition being no matters of joynt concernment is to be limited to the Commissioners of the Parliament of England wherein the Commissioners of Scotland are to vote as single Persons The Kings Commissioners Fourth Paper 19. Feb. THe Articles of the Treaty of the sixth of August giving Power to the Lieutenant of Ireland when the Scotish Army shall be joyned with his Army to give Instructions to the Scotish Commander in chief and the Orders of the two Houses of the 9. of March 1644. and the 11. of April 1644. appointing the General of the Scotish Forces in Ireland to command in chief over all the Forces as well British as Scots and both being desired to be Enacted we desire to know whether the Lieutenant of Ireland shall command the Scots Forces or whether the Scotish General shall command all Forces both British and Scots Their Answer 19. Feb. IN Answer to your Lordships fourth Paper we say that the Ordinances of the 9. of March and 11. of April 1644. were made when there was no Lieutenant of Ireland and when a Lieutenant shall be made with the Approbation of both Houses according to our former Demands in the seventeenth and twentieth Propositions it will be a fitting time to give further Answer to your Lordships The Kings Commissioners Reply 20. Feb. VVE desire a full Answer from your Lordships to our fourth Paper delivered to your Lordships yesterday concerning the Power of the Lord Lieutenant of Ireland and the General of the Scots Forces your Lordships having proposed to us that the Articles of the Treaty and the Ordinance of the 11. of April be enacted by His Majesty by one of which the General of the Scots Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland and by the other which is the later the General of the Scots Forces is to command in chief both the British and Scots Forces by which it seems the Lievtenant of that Kingdom is to have no Power in the prosecution of that War Their Answer 20. Feb. WE do insist upon our former Papers that the prosecution of the War in Ireland is to be settled in both Houses of Parliament and is to be managed by the joynt advice of both Kingdoms as in those Papers is set down and when a Lievtenant of Ireland shall be appointed as is expressed in the Propositions and it shall be necessary for the good of the service that he and the Commander in chief of the Scotish Army joyn the Commander of the Scotish Army shall receive Instructions from the Lord Lievtenant or Deputy or other who shall have the chief Government of the Kingdom for the time according to the Orders which shall be given by the Commissioners of both Kingdoms The King's Commissioners fifth Paper 19. February THe last part of the seventeenth Proposition gives power to the Commissioners for the Militia of both Kingdoms as a joynt Committee to order the War of Ireland according to the Ordinance of the 11. of April and to order the Militia and conserve the Peace of the Kingdom of Ireland and by that of the 11. of April the Earl of Leven being appointed Commander in chief over all the Forces as well British as Scots we desire to know whether he shall be subordinate to those Commissioners for the Militia and be obliged to observe such Orders as he shall receive from them Their Answer 19. Feb. THe Commissioners of the Militia desired by the seventeenth Proposition are to order the War of Ireland according to the Ordinance of the 11. of April and the Earl of Leven being by that Ordinance Commander in chief of the Forces there is obliged to observe such Orders as he shall receive from those Commissioners Their Commissioners likewise the same 19. of Feb. delivered in some Papers of Demands on their part Their Answer 19. Feb. WE desire that no Cessation of Arms or Peace in Ireland may be Treated upon or concluded without consent of both Houses of Parliament of England Another 19. Feb. WE desire to know whether any Peace or Cessation of Arms in Ireland be consented unto by His Majesty and for what time and whether any Commission be now on foot or other Authority given by His Majesty for that purpose The King's Commissioners Answer to both 20. February TO your Lordships sixth and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland your Lordships well know that long after the War begun in this Kingdom and the want of a Supply from hence that a Cessation hath been made with His Majesties consent and we conceive that the same expires in March next and we are confident there is no Peace made there But for the making a Peace or a farther Cessation we can give no farther Answer till we may know whether there may be a blessed Peace made in England since if the miserable Civil Wars shall continue in this Kingdom we cannot conceive it possible for His Majesty by Force to reduce the Kingdom of Ireland or to preserve His Protestant Subjects there without a Peace or Cessation Their Reply 20. Febr. WE conceive your Lordships have given
to and near Coventry and that it was not made known to His Majesty that the same were for Ireland till after the seizure thereof when it was impossible to recover the same from the Soldiers who had taken them whereas if a safe Conduct had been desired by His Majesty as it ought to have been the same being to pass through his Quarters there would have been no Violence or Interruption offered For the giving the Names of the Persons who subscribed the Letters delivered to your Lordships the Originals of which have been shewed to you by us we have given your Lordships a full and reasonable Answer and if your Lordships will assure us that the giving their Names to you shall be no prejudice to the Persons who did subscribe if at any time any of them shall be found within your Quarters we will forthwith deliver their Names to you otherwise we conceive your Lordships cannot but give credit to that we have said and shewed to you All which we hope hath clearly satisfied your Lordships that the Cessation with the Rebels was neither unjust nor unlawful and that you will proceed to satisfie us by what means the War may be managed in Ireland with probable hope of the preservarion of His Majesties Protestant Subjects there we being very willing to concur with your Lordships in any just and honourable way for the good and settlement of that miserable Kingdom And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships clear Reasons why the Cessation which hath been made in Ireland is not in Reason or Justice to be made void and that the making void thereof if the same might be done is not or cannot be for the benefit or advantage of His Majesties Protestant Subjects in that Kingdom so long as the unhappy Wars in this Kingdom continue to the other part of your Lordships first Paper concerning Ireland for the prosecution of the War there to be settled in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist we say That it appears by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that War shall be managed by a joynt Committee of both Kingdoms and that the Committee of each Kingdom shall have a Negative voice and consequently it is very probable that upon difference of Opinion between them that War may stand still or to the utter Ruin of His Majesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such Disagreement the Houses of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11. of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that War that Ordinance of the 11. of April expresly making the Earl of Leven the Scots General Commander in chief of all Forces in that Kingdom both British and Scotish without any reference unto His Majesty or His Lieutenant of that Kingdom and directing that the War shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England And therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11 of April as your Lordships propose by reason that thereby all His Majesties Authority would be wholly taken away in that Kingdom and in truth that whole Kingdom be thereby delivered into the hands of His Majesties Subjects of Scotland which we conceive is neither just prudent nor honourable to be done And we are of Opinion that it is not agreeable to His Majesties Honour or the Justice and Protection which He ows to His Subjects of His Kingdom of Ireland to put the nomination of His Lieutenant and Judges of that Kingdom out of Himself and to commit the whole Power of that Kingdom to others and to bind Himself to pass all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your Paper the 9. of this Instant you intend by those words His Majesty to assist in your first Paper And we conceive it cannot be expected that His Majesty should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the Advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other Reasons we conceive it doth appear to your Lordships that the Propositions as they are delivered to us by your Lordships are by no means fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and relief of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concur and we shall be very willing that the business of that Kingdom shall after a Peace settled in this be taken into consideration and ordered as His Majesty and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have been fully satisfied by what we have alledged against His Majesties Power to make the Cessation with the Rebels in Ireland and we cannot find those important Reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subjects there have been preserved or subsisted but we have made it evident that this Cessation tended to the utter Destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto And we observe your Lordships urge that this Cessation was the only means for the subsistence of the Protestants there when it cannot be denied but that very many of the Protestants in Vlster Munster and Connaught have yet subsisted although they have refused to submit to the Cessation and opposed the same as the means intended for their Ruin And we do affirm unto your Lordships that the two Houses of Parliament have been so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have been in so great Want and Extremity yet the two Houses not discouraged thereby have constantly sent
great proportions of all necessary Supplies unto the Protestants there whereby they have subsisted and have very lately sent thither and have already provided to be speedily sent after in Money Victuals Cloaths Ammunition and other Necessaries to the value of sevenscore thousand Pounds and they have not desired any other Provision from His Majesty but what He was well able to afford herein only His assistance and Consent in joyning with His two Houses of Parliament for the better enabling them in the prosecution of that War And we are so far from apprehending any impossibility of reducing that Kingdom during the unhappy distractions here that although many of the Forces provided by the two Houses for that end were diverted and imployed against the Parliament to the increasing of our Distractions yet the Protestants in Ireland have subsisted and do still subsist and we have just cause to believe that if this Cessation had not been obtained by the Rebels and that in the time of their greatest Wants and that these Forces had not been withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdom For the pretended Necessities offered as grounds of this Cessation we have already given your Lordships we hope clear information For the Persons whose Advice His Majesty followed therein your Lordships have not thought fit to make them known unto us and we cannot conceive their Interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many Persons of all sorts have forsaken that Kingdom rather then they would submit unto this Cessation and great numbers of considerable Persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible means of their Destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the state of the War to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant of but are well assured that what they did was in pursuance of their Duty and for advancement of the publick Service and suppressing of that horrid Rebellion and we cannot but still affirm they were discountenanced and commanded from the Council there where the prosecution of that War was to be managed and that it was declared from His Majesty that he disapproved of the Subscriptions of the Officers of the Army by means whereof that course was diverted Concerning the Moneys raised for Ireland we have in our former Papers given your Lordships a full and just Answer and we are sorry the same cannot receive credit Those Moneys raised upon charitable Collections we do positively affirm were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested We are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledged was denied was only such as they conceived most necessary for advancement of that Service and the denial thereof proved very prejudicial thereunto And we must again inform your Lordships that it was well known at the time when the Goods were seized by His Majesties Forces as your Lordships allege near Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other Provisions made and sent for the same purpose were likewise seized and taken away by some of His Majesties Forces as we have been credibly informed not without His Majesties own knowledge and direction Your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well justifie and if the same be well done they need not fear to give an Account thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withal then shall be agreeable to Justice Upon the whole matter notwithstanding the Allegations Pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether unjust unlawful and destructive to His Majesties good Subjects and of advantage to none but the Popish bloody Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and Duty obliged upon our former Demands concerning Ireland which we conceive most Just and Honourable for his Majesty to consent unto We know no other ways to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by God's blessing we shall speedily settle that Kingdom in their due Obedience to His Majesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles and Ordinances delivered by us unto your Lordships there should be a ground for your Opinion that upon any Differences between the Committees or Commanders imployed about the War of Ireland the War should stand still or be dissolved nor do we find that the Ordinance of the 11. of April can produce any such inconvenience as your Lordships do imagine nor doth the making of the Earl of Leven Commander in chief of the Scotish and British Forces and the settling of the prosecution of the War of Ireland in the two Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms take away the relation to His Majesties Authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties Consent is humbly desired and the whole Power is derived from him only the Execution of it is put into such a way and the General is to carry on the War according to the Orders he shall receive from the Committee of both Kingdoms and in case of Disagreement in the Committee the two Houses of Parliament are to prosecute that War as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyn with the Commander in chief of the Scotish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our Answer to your Lordships second Paper of this day Nor doth the naming of the Earl of Leven to be General any more take away the Power of the two Houses then if he were a Native of this Kingdom or is there any part of the Kingdom of Ireland delivered over into the hands of his Majesties Subjects of the Kingdom of Scotland who do only joyn with their Councils and Forces for carrying on the War and reducing that Kingdom to his Majesties Obedience And we conceive it most conducing for the good of his Majesties Service and of that Kingdom that
a Kingdom left in the store when the out-Garrisons as they were to be instantly were supplied and that remainder according to the usual necessary expence besides extraordinary accidents would not last above a Month. And in that Letter they sent a Paper signed by sundry Officers of the Army delivered to them as they were ready to sign that Dispatch and by them apprehended to threaten imminent Danger which mentioned That they were brought to that great exigence that they were ready to rob and spoil one another that their Wants began to make them desperate that if the Lords Justices and Council there did not find a speedy way for their preservation they did desire that they might have leave to go away that if that were not granted they must have recourse to the Law of Nature which teacheth all men to preserve themselves And by a Letter of the 11. of May following a Copy whereof we have also delivered to your Lordships the Lords Justices and Council there did advertise his Majesty That they had no Victual Cloaths or other Provisions no Money to provide them of any thing they want no Arms not above 40. Barrels of 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 days and often formerly stood very fair for accessions of Supplies forth of England the two Houses having then and ever since the full Command of those Seas yet to their unexpressible grief after full six months waiting and much longer patience and long suffering they found their expectations answered in an inconsiderable quantity of Provisions viz. 75 Barrels of Butter and 14 Tun of Cheese being but the fourth part of a small Vessels-loading which was sent from London and arrived there on the fifth of May which was not above 7 or 8 days Provisions for that part of the Army in and about Dublin no Money 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 November before And besides these whereof we have Copies to your Lordships it was represented to His Majesty by Petition from that Kingdom That all means by which comfort and life should be conveyed to that gasping Kingdom seemed to be totally obstructed and that unless timely relief were afforded His Loyal Subjects there must yield their Fortunes for a Prey their Lives for a Sacrifice and their Religion for a Scorn to the merciless Rebels Upon all which deplorable passages represented by Persons principally interessed in the managing of the affairs of that Kingdom and the War there in which number were Sir William Parsons Sir John Temple Sir Adam Loftus and Sir Robert Meredith Persons of great estimation with your Lordships to which we could add many other Advices and Letters from several 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 real and not pretended and therefore for Excuses we leave them to them who stand 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 than 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 Scotish Nation who had strong Garrisons provided and appointed to them and were in those parts of Ireland near the Kingdom of Scotland whence more ready supplies of Victuals might be had than the English could have from England and for whose Supply as His Majesty hath been credibly informed and we believe that your Lordships know it to be true special 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 near Coventry going thither when His Majesties Forces were before it were intended for Ireland till after the seisure thereof when it was impossible to recover them from the Souldiers which might have been prevented if a safe Conduct had been desired through His Majesties 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 Ireland intercepted by His Majesties Forces but those near Coventry which were considerable so we can assure your Lordships that when His Majesty 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 express Order for the sending them away which was done accordingly and would have supplyed them further out of His own Store if He had been able And no man can be unsatisfied of His Majesties tender sense of the Miseries of His Protestant Subjects in Ireland when they shall remember how readily He gave His Royal Assent to any Proposition or Acts for raising of Men Moneys and Arms for them that He offered to pass over in Person for their Relief which His Majesties Subjects of Scotland approved and declared it to be an Argument of Care in His Majesty and if that had proceeded it might in possibility have quenched the flames of that unhappy Rebellion as long before it might probably have been prevented if the Army of Irish Natives there had been suffered to have been transported out of that Kingdom as was directed by His Majesty What Provisions are lately 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 only for such who have declared themselves 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 Supplies as a Support for the War against the Irish Rebels or as a Repayment of those Moneys which being raised
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation when they could no longer subsist there and that there was no present use for them and before those Forces brought over there was an attempt to bring the Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than they would submit to that Cessation we know of none but it is manifest that divers who had left that Kingdom because they would have been famished if they had continued there since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just Reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lords Justices and Council there your Lordships need not doubt of the truth of the matter and for the Names of the single Persons subscribing we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their Prejudice if we should give in their Names Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the the two Houses of Parliament here shall upon such difference manage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earl of Leven must carry on the War according to his discretion for he is in no degree bound to observe the Orders or Directions of the Houses of Parliament in England by themselves Neither doth the asking His Majesties Consent at all alter the Case from what we stated it to your Lordships in our Paper of the 20. of this Instant for we said then and we say still that if His Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
the Lords Justices and Council there yet we were assured even by some who were of the Council at that time when the Letters were written that the same was done only to press for Supplies from hence without the least intention in them of inducing a Cessation neither do the Copies contain any thing tending to a Cessation or the least mention thereof And we have cause to grieve not only at what your Lordships express concerning the complaints from Ireland and their great extremities but that the same being procured and increased by the Popish Party yet we should find such earnest endeavours to lay the blame and neglect therein upon the two Houses of Parliament here who have been so zealous for their Relief and whose only care under the Blessing of God hath been their Preservation and that in the heat of our own miserable Distractions have continued their Supplies and from our own great Wants have not spared to afford our Brethren there the means of their subsistance The Protestants in Munster Connaught and Vlster who opposed this Cessation were many of them English and both they and the Scots suffering under as great Wants and Failer of Supplies as the Protestants in other places and in no better posture of their own defence notwithstanding in a true sense of their own Duty and Conscience they have opposed and still do oppose the same neither were the English there neglected as your Lordships have been misinformed by such who labour to destroy both Nations and as a means thereto to divide them Besides the Goods seised near Coventry we have mentioned other particulars asserted to be seised not without His Majesties own knowledge and direction as we are informed and are most unwilling to believe Neither do we understand it to be an excuse for seising some Goods to say that His Majesty did forbear to seise others in His Power but when His Majesty shall rightly ponder the horridness of that Rebellion we hope those wicked Instruments who contrived and do support the same will have no power to alter His Majesties tender sense of the miseries of His Protestants Subjects in that Kingdom nor at all to lessen His Piety and gracious Care for quenching the Flames of that unhappy Rebellion We do again affirm unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses and it seems strange that what hath been lately sent should not be looked upon as a Support of the War against the Rebels by which only the Protestants were enabled to defend themselves and to infest their Enemies nor can we imagine any other means as a Support of that just War being most assured that if this had not been done the Rebels must certainly have prevailed and the remnant of His Majesties good Subjects of that Kingdom have perished Your Lordships are pleased to remember some moneys by us imployed particularly one hundred thousand Pounds which was raised for Ireland all which have been re-satisfied with advantage and we must as often as you are pleased to repeat it refer your Lordships to our former just and clear Answers concerning the same and the like for the Forces under the Command of the Lord Wharton And we believe what your Lordships express concerning the Forces brought hither to His Majesty out of Ireland after the Cessation it being one end for which the Cessation was made that those Forces might be imployed against the two Houses of Parliament here and those Scotish Forces which came over were not sent for We know of no Persons who have returned into Ireland since the Cessation except such as were Agents for the procuring thereof and divers principal Rebels who presumed to address themselves unto His Majesty at Oxford and were there countenanced It is probable that some might endeavour to alienate the hearts of the Officers of the Army there from the two Houses whereby their Service against the Rebels might be interrupted To that particular of the Subscriptions of the Officers and of the Committee sent into Ireland and of the diversions of moneys alledged and of the Copies of Letters given us by your Lordships without the Names of those who subscribed them we have already given your Lordships a full and clear Answer but have not received satisfaction concerning the denial of the Lord Wharton's Commission whereby the Service of that Kingdom was much prejudiced It is so far from being made appear that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation that the contrary is undeniable and that His Majesties Protestant Subjects there both English and Scotish who have opposed that Cessation have subsisted and do still subsist and we are sorry to find any inclination to continue that Cessation which whensoever made will be esteemed by all good Protestants a countenancing of that bloody Rebellion We do insist upon our former Demands concerning Ireland and doubt not but those being granted notwithstanding our present miserable Distractions here we shall by the Blessing of God bring those bloody Rebels to a speedy and just Punishment and settle that unhappy Kingdom in their due Obedience to His Majesty and the Crown of England Their other Paper 22. Feb. IT is not possible for us to give a more clear Answer than we have done to shew that there can no such Inconvenience follow upon confirming the Ordinance of the 11. of April by Act of Parliament as your Lordships do imagine it being desired that the Treaty of the sixth of August be in like manner confirmed by which the Commanders of the Scotish Forces in Ireland are to be answerable to His Majesty and the two Houses of Parliament of England for their whole deportment and proceeding there and it being desired by the 13. Proposition that the Prosecutions of the War of Ireland should be settled in both Houses of Parliament all which taken together it cannot follow that upon any Disagreement between the Committees there the Earl of Leven may carry on the War according to his own discretion As for our Expression when there shall be a Lieutenant in Ireland which was used in Answer to your Lordships second Paper of the 20. of February it was to satisfie your Lordships that there could be no interfering between the Powers of the Lord Lieutenant and of the Earl of Leven and still we say when there shall be a Lord Lieutenant chosen as is expressed in our 20. Proposition for we do not admit the Marquiss of Ormond to be so the Commander in chief of the Scotish Army is to receive Instructions from him in such manner as we have laid it down in that Answer of ours to your Lordships Paper above-mentioned which will we hope satisfie your Lordships other Objection that this is not to deliver over the whole Kingdom of Ireland into the hands of His Majesties Subjects of the Kingdom of Scotland seeing such of that Nation as are there imployed are to be subordinate
of the said Trust which being considered as the Security is mutual so neither part can be supposed to violate the Agreement without very evident inconvenience and danger to that part who shall so violate it the whole Kingdom being likely and indeed obliged to look upon whosoever shall in the least degree violate this Agreement as the Authors of all the miseries which the Kingdom shall thereby suffer And as it is most reasonable that for this Security his Majesty should part with so much of his own Power as may make him even 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 Sovereign Power of the Militia should revert into the proper Chanel and be as it hath always 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 produce 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 be so settled that this Kingdom may depend upon it self and not be subject to the Laws or Advice of Scotland as we think fit that Scotland should not receive Rules or Advice from this having offered the like for Scotland as for England In the business of Ireland your Lordships propose not onely that his Majesty disclaim and make void the Cessation made by his Royal Authority and at the desire of the Lords Justices and Council of that Kingdom and for the preservation of the remainder of his poor Protestant Subjects there who were in evident danger of Destruction both by Famine and the Sword but also to put the whole managery of that War and disposal of the Forces within that Kingdom and consequently the Government of that Kingdom into the hands of the Scots General to be managed by the Advice of a joynt Committee of both Kingdoms wherein each should have a Negative Voice In Answer to which we have acquainted your Lordships with the just grounds of his Majesties proceedings in the business of Ireland which we are confident being weighed without prejudice may satisfie all men of his Majesties Piety and Justice therein and we are very ready and desirous to joyn 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 general reference to the publick good of the Kingdoms we beseech your Lordships to consider that we have this great Trust reposed in us by his Majesty and to remember how far these Propositions trench upon his peculiar Kingly Rights without any or any considerable recompence or compensation In the business of Religion your Lordships propose the taking away his whole Ecclesiastical Jurisdiction his Donations and Temporalties of Bishopricks his First Fruits and Tenths of Bishops Deans and Chapters instead whereof your Lordships do not offer to constitute the least dependance of the Clergy upon his Majesty and for that so considerable a part of his Revenue you propose onely the Bishops Lands to be settled on his Majesty reserving a power to dispose even those Lands as you shall think fit whereas all the Lands both of Bishops Deans and Chapters if those Corporations must be dissolved do undoubtedly belong to his Majesty in his own Right In the business of the Militia as it is proposed his Majesty is so totally devested of the Regal Power of the Sword that he shall be no more able either to assist any of his Allies with aid 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 War the acknowledged and undoubted Right of the Crown is taken from him In the business of Ireland the power of nominating his Lieutenant or Deputy and other Officers there of managing directing or in the least manner of medling in that War or of making a Peace is proposed to be taken from him And to add 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 refer 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 War of near four 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 days 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 onely Propositions for the altering a Government established by Law and for the making new Laws 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 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 believe 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 Blood there may be a Cessation of Arms and that the poor People of this Kingdom now exposed to Plunderings and Spoils and other direful effects of War 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. Feb. WE conceive your Lordships cannot in reason expect an Answer to the long Paper delivered to us very late this Night at the close of the Treaty a thing of many days labour which we apprehend to be rather a Declaration upon the Treaty than
both Houses of the Parliament of England having Power and Commission from the said Honourable Houses and the Commissioners of the Convention of the Estates of the Kingdom of Scotland authorized by the Committee of the said Estates concerning the solemn League and Covenant and the Assistance demanded in pursuance of the Ends expressed in the same WHereas the two Houses of the Parliament of England out of a just and deep sense of the great and iminent Danger of the true Protestant Religion in regard of the great Forces of Papists Prelates Malignants and their Adherents raised and imployed against the constant Professors thereof in England and Ireland thought fit to send their Commissioners unto the Kingdom of Scotland to Treat with the Convention of Estates and general Assembly there concerning such things as might tend to the preservation of Religion and the mutual good of both Nations and to that end to desire a more near and strict Union betwixt the Kingdoms and the Assistance of the Kingdom of Scotland by a considerable Strength to be raised and sent by them into the Kingdom of England and whereas upon a Consultation held betwixt the Commissioners of the Parliament of England the Committees of the Convention of Estates and General Assembly no means was thought so expedient to accomplish and strengthen the Union as for both Nations to enter into a solemn League and Covenant and a form thereof drawn and presented to the two Houses of Parliament of England the Convention of Estates and General Assembly of Scotland which hath accordingly been done and received their respective Approbation and whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England from their Brethren of Scotland were delivered in by the English Commissioners August the 19. to the Convention of Estates who did thereupon give power to their Committee to consider and debate further with the English Commissioners of what other Propositions might be added or concluded whereby the Assistance desired might be made more effectual and beneficial and in pursuance thereof these Propositions following were considered of and debated by the Commitee and Commissioners aforesaid to be certified with all convenient speed to the two Houses of the Parliament of England and the Convention of Estates of Scotland by their respective Committees and Commissioners to be respectively taken into their consideration and proceeded with as they should find cause which being accordingly done and these ensuing Propositions approved agreed and concluded of by the Houses of the Parliament of England and the Committee of the Estates of Scotland respectively and power by them given to their respective Committees and Commissioners formally to agree and conclude the same as may appear by the Votes of both Houses dated the first of November and the Order of the Committee bearing date the seventeenth of November We the said Commissioners and Committees according to their Votes and Orders do formally conclude and agree upon these Articles following and in confirmation thereof do mutually subscribe the same 1. It is agreed and concluded that the Covenant represented to the Convention of Estates and General Assembly of Scotland and sent to both Houses of the Parliament of England in the same form as it is now returned from the two Houses of the Parliament of England to their Brethren of Scotland and allowed by the Committee of Estates and Commissioners of the General Assembly be sworn and subscribed by both Kingdoms as a most near Tye and Conjunction between them for their mutual defence against the Papists and Prelatical Faction and their Adherents in both Kingdoms and for pursuance of the Ends expressed in the said Covenant 2. That an Army to this purpose shall be levied forthwith consisting of Eighteen thousand Foot effectivè and Two thousand Horse and One thousand Dragooners effectivè with a suitable Train of Artillery to be ready at some general Rendezvous near the Borders of England to march into England for the purposes aforesaid with all convenient speed the said Foot and Horse to be well and compleatly Armed and provided with Victuals and Pay for forty days and the said Train of Artillery to be fitted in all points ready to march 3. That the Army be commanded by a General appointed by the Estates of Scotland and subject to such Resolutions and Directions as are and shall be agreed and concluded on mutually between the two Kingdoms or by Committees appointed by them in that behalf for pursuance of the Ends above-mentioned 4. That the Charge of levying arming and bringing the said Forces together furnished as also the fitting the Train of Artillery in readiness to march be computed and set down according to the same Rates as if the Kingdom of Scotland were to raise the said Army for themselves and their own Affairs All which for the present is to be done by the Kingdom of Scotland upon Accompt and the Accompt to be delivered to the Commissioners of the Kingdom of England and when the Peace of the two Kingdoms is settled the same to be repay'd or satisfied to the Kingdom of Scotland 5. That this Army be likewise pay'd as if the Kingdom of Scotland were to imploy the same for their own occasions and toward the defraying thereof it not amounting to the full Months pay shall be Monthly allowed and pay'd the sum of Thirty thousand Pounds sterling by the Parliament of England out of the Estates and Revenues of the Papists Prelates Malignants and their Adherents or otherwise and in case the said Thirty thousand Pounds Monthly or any part thereof be not pay'd at the time when it shall become due and payable the Kingdom of England shall give the Publick Faith for the paying of the remainder unpay'd with all possible speed allowing the rate of Eight Pounds per centum for the time of the performance thereof And in case that notwithstanding the said Monthly sum of Thirty thousand Pounds pay'd as aforesaid the States and Kingdom of Scotland shall have just cause to demand further satisfaction of their Brethren of England when the Peace of both Kingdoms is settled for the pains hazard and charges they have undergone in the same they shall by way of Brotherly assistance have due recompence made unto them by the Kingdom of England and that out of such Lands and Estates of the Papists Prelates Malignants and their Adherents as the two Houses of the Parliament of England shall think fit and for the assurance thereof the Publick Faith of the Kingdom of England shall be given them 6. And to the end the said Army in manner aforesaid may be enabled and prepared to march the Kingdom of England is to pay in ready Money to their Brethren of Scotland or such as shall have power from the Estates of that Kingdom the sum of One hundred thousand Pounds sterling at Leith or Edenburgh with all convenient speed by way of advance before-hand which is to be discounted back again
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
the Articles of the Peace they may in order thereunto upon pretence it is for the preservation of the Peace entertain and determine any Cause or Difference they please especially their Power by the Propositions being not only to preserve the Peace but to prevent the violation of the Articles of the Peace and having the power of the Sword in their hands and being not tied up to any certain Law whereby to judge for ought appears by their Answers to the Questions proposed by Our Commissioners and the Common Law not being the Rule in such case because part of them are to be of the Scotish Nation they may without controul exercise what Arbitrary Power they please And whereas it is insisted upon in this Paper That an Answer be given to the fifteenth Proposition which is That the Subjects be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit which Our Commissioners thought fit to have deferred till after the Peace established and then to be settled by Us and the two Houses it is apparent that Proposition concerned not that which was desired as the end of their Propositions the security for the observation of the Articles and We conceive there is already sufficient Provision made by the Law in such cases and if there were not it were fit that that defect were supplied by Law not to be left at large as the two Houses should think fit without expressing the manner of it but to proceed by a Bill wherein We might see before We consented to it how Our Subjects should be charged We being as much concerned and sensible of the burthen to be put upon Our Subjects as the two Houses can be who We are sure since they took upon them the Authority of imposing upon their fellow-Subjects without Us have laid the heaviest Impositions that ever were And whereas they say The scope of these their Propositions touching the Militia was to take away occasions of future Differences to prevent the raising of Arms and to settle a firm and durable Peace If We look upon the whole frame of their Militia as they have proposed it to Us We cannot but conclude those Propositions to be most destructive to those ends For first they have proposed it to Us as they have settled it already by their Ordinance That the whole Militia of Ireland as well of Our English Subjects as Scotish shall be Commanded by Lesley Earl of Leven their Scotish General and be managed by the joynt Advice of the Scotish and English Commissioners and therein the Scotish as well as the English to have a Negative Voice and so by consequence subjecting the whole Government of that Kingdom to the manage of Our Scotish Subjects And having thus ordered the Militia of Ireland where they will be sure to keep Forces on Foot for that is another part of the Propositions That we shall assent to whatsoever Acts shall be proposed for Moneys for the VVar of Ireland which Forces shall be ready upon all occasions to serve them for the Militia and Navy of England that is likewise to be ordered and Commanded by these Commissioners and though We their Sovereign are denied to nominate any to be joynt-Commissioners they are content to admit those of Scotland who though Our Subjects yet are strangers to their Government to a nomination of Scotish Commissioners to be joyned with them These Scotish Commissioners in matters wherein both Kingdoms are joyntly concerned and they may easily call and make what they will to be of joynt concernment are to have a Negative Voice so that the English can do nothing without them not so much as to raise Force to suppress a Commotion or prevent an Invasion if the Scotish Commissioners though not a third part of the number of the English say it is of joynt concernment and in matters solely concerning England the Scotish Commissioners to a third part of the whole number of the Commissioners are to reside in England and to Vote as single Persons These Commissioners as well Scotish as English as they have the sole Power of the Forces by Sea and Land so they must have a Court in a Civil way to hear and determine whatsoever Civil action that shall tend to the preservation of the Peace or whatsoever else is for the prevention of the violation of it within which general words and in order thereunto they may comprehend any cause or thing they please And as these Commissioners as well Scotish as English are to name all Commanders and Officers in Our Forts and Ships so in the Intervals of Paliament lest there should be too much dependance upon Us they are to name all the great Officers and Judges of both Our Kingdoms of England and Ireland To these so unreasonable Propositions wherein the Parliament and Subjects of Scotland would have so great an Influence and Power over the Kingdoms of England and Ireland if as reflecting meerly upon Our selves and not entertaining such thoughts of Our Scotish Subjects as perhaps some may by the danger of such a Power We should have agreed as hoping that the good Affections of Our Subjects in Scotland might in time have restored Us to that Power which the two Houses of England would take away yet when We consider that We are in Conscience obliged to maintain the Rights of Our Crown so far as to be able to protect Our Subjects and what jealousies and heart-burnings it might probably produce betwixt Our Subjects of the two Kingdoms what reluctancy all Our Subjects here may have when they shall see Our Power so shaken and they must have so much dependency upon their fellow Subjects both English and Scotch We conceive it so far from being a Remedy to the present Distempers as they affirm in their Papers that as at present it would alter the whole frame and constitution of the Government of this Kingdom both Civil and Military so in the conclusion it would occasion the Ruin and Desolation of all Our Kingdoms His MAJESTIES Answer to the two Papers concerning Ireland IT hath been one of the chiefest designs of the Authors of the present Distractions to insinuate unto Our People that We were either privy to the Rebellion in Ireland or assenting to the continuance of it and if it could not be personally fixed upon Our self yet to perswade them into a belief that evil Counsellors and others prevalent with Us did encourage and assist it By this means having a colour to raise Forces and to levy Money for the supply of those Forces they might so dispose of both as under a pretence of suppressing the Rebels in Ireland they might thereby also raise a War in England for the effecting of their Ambitious and Covetous desires in both Kingdoms And they so carried on this Design that whereas out of Our earnest desire of the relief of Our poor Subjects in Ireland and to shew the great sense We had of their Miseries We had
given way to several unusual Bills for raising of Forces and likewise to the Bill for the 400000. l. for the Adventurers and others for raising of Moneys which Moneys by those Acts were to be pay'd to particular Persons or otherwise out of the ordinary course and not into Our Exchequer as was usual in like cases thence to be issued for publick use those Supplies were diverted and imployed to feed and nourish a Rebellion in England rather than to suppress that in Ireland Thus 100000. l. of the Adventurers Money was imployed for the Earl of Essex his Army when he first march'd against Us and that imployment of it though contrary to the express words of the Act which are That no part of that Money shall be imployed to any other purpose than the reducing of those Rebels was publickly justified by a Declaration made in the name of the House of Commons the sixth of September not long before the Battel at Edge-hill and at the same Battel several Regiments of Horse and Foot raised for Ireland under the Command of the Lord Wharton Lord of Leny Sir Faithful Fortescue and others were imployed against Us at Edge-hill the Moneys raised upon the Bill of 400000. l. and others have been wholly made use of against Us. And it was impossible without thus working themselves under the specious pretence of suppressing the Rebellion of Ireland into the managery of that War and misapplying the aids intended for Ireland to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth The Propositions concerning Ireland as they are insisted upon by these Commissioners though in charity We shall hope not so intended by all of them are apparently in pursuance of that original design in begetting a suspicion of Our Integrity in that business of Ireland and ingrossing the managing of that War and the Power of that Kingdom into their hands They would have the Cessation which We have avowed to be assented to by Us and advised as most necessary for the preservation of that Kingdom to tend to the utter Destruction of the Protestants there and the continuance of the Cessation there though but during the War here to be a countenancing of that bloody Rebellion and We Our selves are charged to be privy and to give directions for the seising of some Provisions made and sent for the supply of the Protestants in Ireland In the next place concerning the War there they demand that the prosecution of that War be settled in both Houses of Parliament to be managed by the Advice of both Kingdoms of England and Scotland that is a Commmittee of both Kingdoms those of each Kingdom to have a Negative Voice and all the Forces there to be under the Command of the Scotch General the Lieutenant and other great Officers and Judges there to be nominated by both Houses and that We should consent to pass all Acts to be proposed by them for the raising of Moneys and other things necessary for the prosecution of that War And notwithstanding all the zealous and pathetical Epressions in those Papers desiring the continuance of that War and the execution of Justice upon those Rebels it is not barely the prosecution of the War in zeal of Justice that is desired that might be managed either by Us whom God and the Law have entrusted solely with that Power and whose Predecessors have alone and without the concurrence of their Parliaments other than by competent assistance with Moneys suppressed great Rebellions in that Kingdom or by fit Ministers to be appointed upon just occasion to be removed by Us they have not made any the least Proposition or desire to that purpose But they insist upon such a prosecution of the War wherein those who are in Arms against Us may have the sole managing of the War and of Moneys to maintain that War even while they are in Arms against Us. For the Cessation already made it is apparent it was the only visible means whereby the Kingdom was preserved the poor Protestants there being in danger inevitably to have perished either by Famine for want of Food or by the Rebels for want of Ammunition there being not above forty Barrels of Powder there as appears by the Letters of the Lords Justices and Council of Ireland mentioned by Our Commissioners and no supplies of Victuals or Money sent in six Months time before those Letters although Our Ships were then taken away from Us and all the Forces at Sea belonging to this Kingdom were under their Command Neither could the not making void or declaring against that Cessation have hindered a Peace upon this Treaty if it had been intended really on their part it being to expire in March and so before the Treaty could probably have been perfected and there being no further Peace or Cessation made in Ireland And therefore Our Commissioners did earnestly desire them to make such Propositions as were fit to be consented to for the growth of the Protestant Religion and the good of that Kingdom But instead of such Propositions they still except against the Cessation and though expiring within a Month they insist upon their demands of an Act of Parliament to make that Cessation void to which if We should have consented as We must have rendered Our selves uncapable of being trusted at any time after and odious abroad in breaking that Cessation solemnly made by Our publick Ministers of State in Ireland and after consented unto by Our selves so We must have implicitely confessed contrary to the truth that which they alledge against the Cessation that it was destructive to the Protestants there and a countenancing of that bloody Rebellion and thereby having lost the Plea of Our Innocency have also lost the hearts of Our People and rendered Our selves guilty of those Infamous Slanders which have been charged upon Us concerning the Irish Rebellion and which some were so willing to fix upon Us that even during this Treaty when Mac-guire was impeached by them for this Rebellion for which he was by them after executed though they well knew Confessions of Men in his condition in hopes of Pardon or Reprieves are not to be credited he was strictly examined concerning Us as We are credibly informed whether or no We gave any Commission to the Rebels of Ireland or any assistance to them and if he had not absolutely denied it to his last with more sense of Conscience in that particular than they who examined him expected it is likely whatsoever Untruths reflecting upon Us had been forced from him had been as others were published to Our disgrace And although they long questioned the credit and truth of those Letters of the Lords Justices and Council of Ireland notwithstanding one of them being directed to the Speaker of the House of Commons was received and communicated to the House and Ours was but a Duplicate thereof and Copies were delivered to them of both Letters which two of their Commissioners compared
Forces raised for that Kingdom under the Command of the Lord Wharton against Us at Edge-hill which they deny not they fall to recriminate Us. They say They have mentioned particulars of Provisions for Ireland besides those few Cloaths taken near Coventry which being formerly answered by Our Commissioners they do not again urge asserted to be seised not without Our own knowledge and directions as they were informed This they had formerly alledged and Our Commissioners had answered as We do now that they have instanced no particulars at all of any such Provisions seised And whereas they say that Our forbearance to seise some Provisions which Our Commissioners alledged in Our greatest Wants We forbore to take though they lay in Magazines within Our own Quarters but took order to send away into Ireland was no excuse for seising others they misapply that to be an excuse which was alledged as an evidence that We seised none since We might in Our great Want have seised those if We had been minded to have seised any They say again the Service of that Kingdom was much prejudiced by denying the Lord Wharton ' s Commission of which they have not received satisfaction To this it hath been already answered that those Forces were raised for him before any Commission demanded from Us and that the Commission for him proposed to Us was to have been independent of the Lieutenant of that Kingdom Causes though not satisfactory to them yet sufficient in themselves to justifie Our refusal But besides these it is apparent the Army which was brought down against Us was then raising that the Lord Wharton was one of the most active in it and We had cause to be confident nor did he fail Us therein that what Forces he should raise for Ireland he would imploy against Us in England neither did that Service depend upon the Lord Wharton other able Officers were appointed over those Forces whom if they had as much affected that Service as the Person of the Lord Wharton they might have trusted with the Transport of them to Ireland where others of more Experience and fitter for Conduct than the Lord Wharton might have taken the charge of them They say further That it was one end for which the Cessatian was made that the Forces might be brought hither to Vs out of Ireland and imployed against the two Houses The bleeding Necessities of the poor English there which have been mentioned and whereof they cannot but be convinced will best speak the cause of that Cessation and the sight of those Soldiers half starved when they came over having neither Cloaths to their Backs nor so much as Shoes to their Feet nor any Pay to provide either will witness the Necessity of bringing them over when there was no subsistance for them in Ireland nor use for them there during the Cessation And for making use of them here how can they quarrel at Our imploying Our own English Soldiers who should otherwise have disbanded when they make use of an Army of Scots against Us They have been told that they brought over out of Ireland the Earl of Leven their General and divers Scotish Officers which they deny not and that before the English Forces brought over they attempted the bringing once the Scotish Forces in Ireland as likewise divers English Officers there into this Kingdom to which all the Answer given is that the Scotish Forces which came over were not sent for Which as it denies not what is objected so neither can it excuse their not sending them back to the Service of Ireland and imploying them here in an unnatural Rebellion against Us. But whatsoever their own acts or failings have been in this business of Ireland and though apparently the Necessities which caused the Cessation were occasioned by the two Houses yet rather than they shall be guilty of the blame and neglect therein Our People must be made to believe that either there were no such Necessities or when that is so apparent then that those Necessities were designed and contrived by a Popish and Prelatical Party prevalent with Us and the Supplies denied and stopped by Our self and so that it is reasonable for them to press and insist as they do with much fervour in their last Paper concerning Ireland upon their Demands for the settling of the prosecution of the War in themselves or the Scots excluding Us and that there shall be no further Cessation or Peace made there though the War should continue here to have the nomination of the Lieutenant and all the great Officers there and to have Us bound up to assent to whatsoever Acts they shall propose for Moneys or other necessaries for the prosecution of that War and if We agree not to these Propositions We are like to be charged with countenancing of that bloody Rebellion And therefore though the unreasonableness of those Propositions hath been fully lay'd open by Our Commissioners in their Paper yet because this of theirs is framed in Answer to those and the fervency and fluency of their expressions may make impressions on those who do not warily weigh the matter We shall examine what new inforcements they bring to make good those Demands The prosecution of the War there though it be demanded generally in the 13. Proposition to be settled in both the Houses of the Parliament of England to be managed by the joynt Advice of both Kingdoms yet according to their seventeenth Proposition it is to be ordered according to the Ordinance of the 11. of April 1644. which is also proposed to be enacted By that Ordinance the Scotish General Leven is to command all the Forces in Ireland both English and Scotish and that War is to be managed by a joynt Committee to be named by the two Houses of England and the Estates of the Parliament of Scotland and the Committees of each Kingdom is to have a Negative Voice They insisting to have the prosecution of the War thus settled Our Commissioners answered That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland and neither agreeable to the Rules of Honour or Prudence That it was unreasonable if the War continued here that We by Our consent to Act of Parliament for the managing of that War and raising Moneys for that purpose should put so great Power into their hands who during these Troubles may turn that Power against Us. And lastly that if the Distractions continued here the Forces and Wealth of this Kingdom would be so imployed at home that the prosecution of that War to the subduing of the Rebels was impossible but probably might be destruction of the remainder of Our good Subjects For the Power given to Our Scotish Subjects in that Kingdom Our Commissioners urged That General Leven being to Command all the Forces in Ireland and the Committee of Scotland having a Negative Voice upon difference of Opinion that War must either stand still to the Ruine
of Our Subjects there or be carried as the Earl of Leven pleased whose Power was not bounded by any reference to Us or Our Lieutenant of Ireland no nor to the Houses of England And though it had been answered that in cases of disagreement betwixt the Committee the two Houses might prosecute the War observing the Treaty of the sixth of August and the Ordinance of the 11 th of April yet by referring to that Ordinance which is desired to be Enacted and by that Ordinance the Power being thereby put into the Earl of Leven and that Committee without mention of the two Houses it was apparent the Earl of Leven would not be bound to observe the Directions of the Houses of England by themselves But they Reply in this last Paper of theirs That as the Ordinance of the 11th of April 1644. so the Treaty of the 6th of August 1642. is desired to be confirmed by which the Commander of the Scotish Forces in Ireland was to be answerable to Vs and the two Houses of the Parliament of England for his whole deportment But this is apparently no Answer at all for this Treaty of the 6 th of August binds not the Committee who are to manage that War and relates to the Scotish General as General of the Scots only the other of April 1644. being later in time giving him Power also as Commander in chief over the English Forces in Ireland and according to this latter he is to receive his Orders from the Committee without reference to Us or the two Houses neither can the two Houses be hereby brought in to have Command over this Scotish General or Committee more than Our selves whom they intend wholly to exclude Yet We cannot but observe even upon these Articles of the Treaty of the sixth of August how little cause there is to expect this Scotish General will manage that War for the good of this Kingdom who being by those Articles to be answerable to Vs as well as to the two Houses for then though the same Design was on foot yet their outward pretences were somewhat more modest than now they are did without directions from Us leave his Charge in Ireland to bring an Army into England against Us. Well they say at last they had by the 13 th Proposition desired the prosecution of the War to be settled in the two Houses and so taking all together that the Earl of Leven cannot manage that War according to his own discretion But VVe must remember them the Proposition is not barely to settle the prosecution of the VVar in the two Houses but to settle it in the two Houses to be managed by the joynt Advice of both Kingdoms and that joynt Advice is by a joynt Committee according to the Ordinance of the 11 th of April in which Committee they confess those of Scotland have a Negative Voice and by the last part of the 17 th Proposition the War of Ireland is to be ordered according to that Ordinance But they say The Scotish Commander is to receive Orders from the Lieutenant of Ireland if a Lord Lieutenant shall be chosen by the two Houses for a Lieutenant nominated by Us is not allowed by them to give Orders to the Scotish General This indeed though not warranted by their Propositions upon which nevertheless they insist yet being admitted in this latitude might seem to give some Power to the two Houses over the Scotch General in the manage of the VVar as giving the Lieutenant such a Power and by consequence the two Houses who have power over this Lieutenant But they say not generally that he shall receive Instructions from the Lieutenant but that he shall receive Instructions from the Lieutenant in such manner as they have set down in their Paper of the 20th of February that is when it shall be necessary for the good of that Service that he and the Commander in chief of the Scotish Army joyn but how shall it be for the Service that he joyn with him when he shall command no Forces with which he may joyn the Scotch General being by the Ordinance of the 11 th of April to command all the Forces whatsoever in Ireland But admit them to have joyned then the Scotch General is to receive Instructions from the Lieutenant according to the Orders which shall be given by the Commissioners of both Kingdoms so and no otherwise Still the case is the same The Scotish General is not bound to obey any Orders but such as shall come mediately or immediately from the Committee of both Kingdoms And whatsoever Evasions and Disguises are made to cover it from Our People's Eyes the Scotish Committee being an equal number and having an equal share in the Counsels and their General having the Command of all the Forces it is apparent the whole Power over that Kingdom is in effect to be transferred to them But should We admit that these Propositions did not give so great Power in Ireland to Our Subjects of Scotland yet how should it be imagined that We should put the prosecution of this War in the two Houses in such manner as is insisted on by them so long as they maintain a Rebellion against Us in this Kingdom It is not denied but by their Authority divers Forces raised and the Moneys levied for Ireland were imployed against Us in England and upon the same Pretences that they made use of those aids because as they alledge in their Declaration upon that Subject that the subsistence of Ireland depended upon their welfare here they may still make use of such Power as shall be given them for the manage of that VVar and raising Moneys for that purpose against Us in England Neither if a Peace should be concluded here could VVe assent that the prosecution of the VVar should be settled in the two Houses excluding Our selves as they intend it by those words the King not to molest them therein Queen Elizabeth managed the VVar in Ireland solely when the two Houses were sitting and excluded them Though VVe insist not upon that Example VVe should be wanting to the Trust VVe have received from God and that care of Our Subjects which lies upon Us and of which VVe are to give Him an account to exclude Our self They themselves know great Bodies are not so fit to carry on the VVar as a few and therefore they have in a manner given up their Power in this unhappy VVar at home to their State-Committee whose Resolutions are rather brought to them for Countenance and Execution than for Debate and Deliberation They tell us The Parliament of England is a faithful Council to Vs and that We have trusted them with the prosecution of that War and they faithfully discharged their parts in it VVe wish though VVe are willing to be silent in it that yet the Ruins and Desolations of this Kingdom would not speak to Posterity what Counsellors those are who have devested Us of Our Revenue Arms
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
both Kingdoms and endeavours to bring over more into both of them as also Forces from Foreign parts Your Majesty being in Arms in these parts and the Prince in the head of an Army in the West divers Towns made Garrisons and kept in Hostility by Your Majesty against the Parliament of England there being also Forces in Scotland against that Parliament and Kingdom by Your Majesties Commission the War in Ireland fomented and prolonged by Your Majesty whereby the three Kingdoms are brought near to utter Ruine and Destruction we conceive that until satisfaction and security be first given to both Your Kingdoms Your Majesties coming hither cannot be convenient nor by us assented unto neither can we apprehend it a means conducing to Peace that Your Majesty should come to Your Parliament for a few days with any thoughts of leaving it especially with intentions of returning to Hostility against it And we do observe That Your Majesty desires the Ingagement not only of Your Parliaments but of the Lord Mayor Aldermen Common-Councel and Militia of the City of London the chief Commanders of Sir Thomas Fairfax's Army and those of the Scots Army which is against the Priviledges and Honour of the Parliaments those being joyned with them who are subject and subordinate to their Authority That which Your Majesty against the Freedom of the Parliaments inforces in both Your Letters with many earnest expressions as if in no other way than that propounded by Your Majesty the Peace of Your Kingdoms could be established Your Majesty may please to remember that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty which we conceive to be the only way for the attaining a happy and well-grounded Peace and Your Majesties Assent unto those Propositions will be an effectual means for giving satisfaction and security to Your Kingdoms will assure a firm Union between the two Kingdoms as much desired by each for other as for themselves and settle Religion and secure the Peace of the Kingdom of Scotland whereof neither is so much as mentioned in Your Majesties Letter And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations Your Majesty may have the glory to be a Principal Instrument in so happy a Work and we however mis-interpreted shall approve our selves to God and the World to be real and sincere in seeking a safe and well-grounded Peace Westminster 13. Jan. 1645. Grey of Wark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons Signed in the Name and by warrant of the Commissioners of the Parliament of Scotland Balmerino His MAJESTIES Reply to the Answer of both Houses from Oxford Jan. 17. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHALLES R. HIS Majesty thinks not fit now to answer those Aspersions which are returned as Arguments for his not admittance to VVestminster for a Personal Treaty because it would inforce a Style not suitable to his End it being the Peace of these miserable Kingdoms yet thus much he cannot but say to those who have sent him this Answer That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood by withdrawing themselves from their Duty to him in a time when he had granted so much to his Subjects and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their fellow-Subjects to say no more to do as they have done they could not have given such a false Character of his Majesties Actions Wherefore his Majesty must now remember them that having some hours before his receiving of their last Paper of the 13. of Jan. sent another Message to them of the fifteenth wherein by divers particulars He inlargeth himself to shew the reality of his endeavours for Peace by his desired Personal Treaty which he still conceives to be the likeliest way to attain to that blessed End he thinks fit by this Message to call for an Answer to that and indeed to all the former For certainly no rational man can think their last Paper can be any Answer to his former Demands the scope of it being that because there is a War therefore there should be no Treaty for Peace And is it possible to expect that the Propositions mentioned should be the grounds of a lasting Peace when the Persons that send them will not endure to hear their own King speak But whatever the success hath been of his Majesties former Messages or how small soever his hopes are of a better considering the high strain of those who deal with his Majesty yet he will neither want Fatherly bowels to his Subjects in general nor will he forget that God hath appointed him for their King with whom he Treats Wherefore he now demands a speedy Answer to his last and former Messages Given at Our Court at Oxon this 17. of Jan. 1645. His MAJESTIES further Reply to the said Answer of both Houses Jan. 24. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. THE procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty that no unjust Aspersions whatsoever or any other Discouragements shall make him desist from doing his endeavour therein untill he shall see it altogether impossible and therefore hath thought fitting so far only to make Reply to that Paper or Answer which he hath received of the 13. of this instant Jan. as may take away those Objections which are made against his Majesties coming to VVestminster expecting still an Answer to his Messages of the 15. and 17. which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses And first therefore Whereas in the said last Paper it is objected as an impediment to his Majesties Personal Treaty that much innocent Blood hath been shed in this War by his Majesties Commissions c. He will not now dispute it being apparent to all the World by whom this Blood hath been spilt but rather presseth that there should be no more and to that end only he hath desired this Personal Treaty as judging it the most immediate means to abolish so many horrid Confusions in all his Kingdoms And it is no Argument to say That there shall be no such Personal Treaty because there have been Wars it being a strong inducement to have such a Treaty to put an end to the War Secondly That there should be no such Personal Treaty because some of his Irish Subjects have repaired to his Assistance in it seems an Argument altogether as strange as the other as
considering any thing contained in those Papers or Writings framed by the said Earl and those Commissioners with whom he Treated as he doth absolutely disavow him therein and hath given Commandment to the Lord Lieutenant and the Council there to proceed against the said Earl as one who either out of falseness presumption or folly hath so hazarded the blemishing of his Majesties Reputation with his good Subjects and so impertinently framed those Articles of his own head without the Consent Privity or Directions of his Majesty or the Lord Lieutenant or any of his Majesties Council there But true it is that for the necessary preservation of his Majesties Protestant Subjects in Ireland whose Case was daily represented unto him to be so desperate his Majesty had given Commission to the Lord Lieutenant to Treat and conclude such a Peace there as might be for the safety of that Crown the preservation of the Protestant Religion and no way derogatory to his own Honour and publick Professions But to the end that his Majesties real Intentions in this business of Ireland may be the more clearly understood and to give more ample satisfaction to both Houses of Parliament and the Commissioners of the Parliament of Scotland especially concerning his Majesties not being engaged in any Peace or Agreement there he doth desire if the two Houses shall admit of his Majesties repair to London for a Personal Treaty as was formerly proposed that speedy notice be given thereof to his Majesty and a Pass or safe Conduct with a Blank sent for a Messenger to be immediately dispatched into Ireland to prevent any accident that may happen to hinder his Majesties Resolution of leaving and managing of the business of Ireland wholly to the two Houses and to make no Peace there but with their Consent which in case it shall please God to bless His endeavours in the Treaty with success His Majesty doth hereby engage himself to do And for a further explanation of his Majesties Intentions in his former Messages he doth now Declare That if his Personal repair to London as aforesaid shall be admitted and a Peace thereon shall ensue he will then leave the Nomination of the Persons to be entrusted with the Militia wholly to his two Houses with such Power and Limitations as are expressed in the Paper delivered by his Majesties Commissioners at Vxbridge the 6. of Febr. 1644. for the term of seven years as hath been desired to begin immediately after the Conclusion of the Peace the disbanding of all Forces on both sides and the dismantling of the Garrisons erected since these present Troubles so as at the expiration of the time before mentioned the Power of the Militia shall entirely revert and remain as before And for their further security his Majesty the Peace succeeding will be content that pro hac vice the two Houses shall nominate the Admiral Officers of State and Judges to hold their places during Life or quamdiu se bene gesserint which shall be best liked to be accomptable to none but the King and the two Houses of Parliament As for matter of Religion his Majesty doth further Declare That by the Liberty offered in his Message of the 15. present for the ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this Kingdom he intends that all other Protestants behaving themselves peaceably in and towards the Civil Government shall have the free exercise of their Religion according to their own way And for the total removing of all Fears and Jealousies His Majesty is willing to agree That upon the Conclusion of Peace there shall be a general act of Oblivion and Free Pardon past by Act of Parliament in both his Kingdoms respectively And lest it should be imagined that in the making these Propositions his Majesties Kingdom of Scotland and his Subjects there have been forgotten or neglected his Majesty Declares That what is here mentioned touching the Militia and the naming of Officers of State and Judges shall likewise extend to his Kingdom of Scotland And now his Majesty having so fully and clearly expressed his Intentions and Desires of making a happy and well-grounded Peace if any person shall decline that Happiness by opposing so apparent a way of attaining it he will sufficiently demonstrate to all the World his intention and design can be no other then the total subversion and change of the ancient and happy Government of this Kingdom under which the English Nation hath so long flourished Given at the Court at Oxford the 29. of January 1645. His MAJESTIES Message to both Houses from Oxford Feb. 26. 1641. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty needs to make no excuse though he sent no more Messages unto you for he very well knows he ought not to do it if he either stood upon punctilioes of Honour or his own private Interest the one being already call'd in question by his often sending and the other assuredly prejudic'd if a Peace be concluded from that He hath already offer'd He having therein departed with many of his undoubted Rights But nothing being equally dear unto Him to the preservation of His People His Majesty passeth by many scruples neglects and delays and once more desires you to give Him a speedy Answer to His last Message For His Majesty believes it doth very well become Him after this very long Delay at last to utter His Impatience since that the Goods and Blood of His Subjects cries so much for Peace Given at the Court at Oxford the 26 th of Febr. 1645. His MAJESTIES Message to both Houses from Oxford March 23. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. NOtwithstanding the unexpected silence instead of Answer to His Majesties many and gracious Messages to both Houses whereby it may appear that they desire to attain their ends by Force rather than Treaty which may justly discourage His Majesty from any more Overtures of that kind yet His Majesty conceives He shall be much wanting to His Duty to God and in what He oweth to the Safety of His People if He should not intend to prevent the great inconveniences that may otherwise hinder a safe and well-grounded Peace His Majesty therefore now proposeth That so He may have the Faith of both Houses of Parliament for the preservation of His Honour Person and Estate and that liberty be given to all those who do and have adhered to His Majesty to go to their own Houses and there to live peaceably enjoying their Estates all Sequestrations being taken off without being compelled to take any Oath not enjoyned by the undoubted Laws of the Kingdom or being put to any other molestation whatsoever He will
immediately disband all His Forces and dismantle all His Garrisons and being accompanied with His Royal not His Martial Attendance return to His two Houses of Parliament and there reside with them And for the better security of all His Majesties Subjects He proposeth That He with His said two Houses immediately upon His coming to Westminster will pass an Act of Oblivion and Free Pardon and where His Majesty will further do whatsoever they will advise Him for the good and Peace of this Kingdom And as for the Kingdom of Scotland his Majesty hath made no mention of it here in regard of the great loss of time which must now be spent in expecting an Answer from thence but declares That immediately upon his coming to Westminster he will apply himself to give them all satisfaction touching that Kingdom If his Majesty could possibly doubt the success of this Offer he could use many Arguments to perswade them to it but shall only insist on that great One of giving an instant Peace to these afflicted Kingdoms Given at Our Court at Oxford the 23 d of March 1645. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Oxford April 13. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellour We greet you well Having used all possible and Honourable means by sending many gracious Messages to the two Houses of Parliament wherein We have offered them all they have heretofore desired and desire from them nothing but what they themselves since these unhappy Wars have offered to procure Our Personal Treaty with them for a safe and well-grounded Peace and having instead of a dutiful and peaceable return to Our said Messages received either no Answer at all or such as argues nothing will satisfie them but the Ruin not onely of Us Our Posterity and Friends but even of Monarchy it self and having lately received very good Security that We and all that do or shall adhere to Us shall be safe in Our Persons Honours and Consciences in the Scotish Army and that they shall really and effectually joyn with Us and with such as will come in unto Us and joyn with them for Our Preservation and shall imploy their Armies and Forces to assist Us to the procuring of an happy and well-grounded Peace for the good of Us and Our Kingdoms in the recovery of Our just Right We have resolved to put Our selves to the hazard of passing into the Scots Army now lying before Newark and if it shall please God that We come safe thither VVe are resolved to use Our best endeavour with their Assistance and with the conjunction of the Forces under the Marquess of Montrosse and such of Our well-affected Subjects of England as shall rise for Us to procure if it may be an honourable and speedy Peace with those who have hitherto refused to give ear to any means tending thereunto Of which Our Resolution We held it necessary to give you this Advertisement as well to satisfie you and Our Council and Loyal Subjects with you to whom We will that you communicate these Our Letters that failing in Our earnest and sincere endeavours by Treaty to put an end to the Miseries of these Kingdoms We esteemed Our self obliged to leave no probable Expedient unattempted to preserve Our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifestly their Designs to overthrow the Laws and happy astablished Government of this Kingdom And now we have made known to you Our Resolution We recommend to your special care the disposing and managing of Our Affairs on that side as you shall conceive most for Our Honour and Service being confident the course VVe have taken though with some hazard to Our Person will have a good influence on that Our Kingdom and defer if not altogether prevent the Rebels transporting of Forces from them into that Kingdom And VVe desire you to satisfie all Our well-affected Subjects on that side of Our Princely Care of them whereof they shall receive the effect as soon as God shall enable Us. VVe desire you to use some means to let Us and Our Council at Oxon hear frequently from you and of your Actions and Condition there And so God prosper your Loyal Endeavours Given at Our Court at Oxon the 13 th of April 1646. By His Majesties Command Edward Nicholas His MAJESTIES Message to both Houses from Southwell May 18. 1646. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty having understood from both his Houses of Parliament that it was not safe for him to come to London whither he had purposed to repair if so he might by their Advice to do whatsoever may be best for the good and Peace of these Kingdoms until he shall first give his Consent to such Propositions as were to be presented to him from them and being certainly informed that the Armies were marching so fast up to Oxford as made that no fit place for Treating did resolve to withdraw himself hither only to secure his own Person and with no intention to continue this VVar any longer or to make any Division between his two Kingdoms but to give such contentment to both as by the blessing of God he might see a happy and well-grounded Peace thereby to bring Prosperity to these Kingdoms answerable to the best times of his Progenitors And since the settling of Religion ought to be the chiefest care of all Councils his Majesty most earnestly and heartily recommends to his two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary VVork and particularly that they take the Advice of the Divines of both Kingdoms assembled at VVestminster Likewise concerning the Militia of England for securing his People against all pretensions of Danger his Majesty is pleased to have it settled as was offered at the Treaty at Vxbridge all the Persons being to be named for the Trust by the two Houses of the Parliament of England for the space of seven years and after the expiring of that term that it be regulated as shall be agreed upon by his Majesty and his two Houses of Parliament And the like for the Kingdom of Scotland Concerning the VVars in Ireland his Majesty will do whatsoever is possible for him to give full satisfaction therein And if these be not satisfactory his Majesty then desires that all such of the Propositions as are already agreed upon by both Kingdoms may be speedily sent unto him his Majesty being resolved to comply with his Parliament in every thing that shall be for the happiness of his Subjects and for the removing of all unhappy Differences which have produced so many sad effects His Majesty having made these Offers he will neither question the thankful acceptation of them nor doth he doubt but that his
two Kingdoms will be careful to maintain him in his Honour and in his just and lawful Rights which is the only way to make a happy Composure of these unnatural Divisions and likewise will think upon a solid way of conserving the Peace between the two Kingdoms for time to come and will take a speedy course for easing and quieting his afflicted People by satisfying the Publick Debts by disbanding of all Armies and whatsoever shall be judged conducible to that end that so all hinderances being removed he may return to his Parliament with mutual Comfort Southwell May 18. 1646. POST-SCIPT His Majesty being desirous to shun the further effusion of Blood and to evidence his real Intentions to Peace is willing that his Forces in and about Oxford be disbanded and the Fortifications of the City dismantled they receiving honourable Conditions VVhich being granted to the Town and Forces there his Majesty will give the like order to the rest of the Garrisons His MAJESTIES Letter to the City of London from Newcastle May 19. 1646. For Our right Trusty and well-beloved the Lord Maior Aldermen and Common-Council of Our City of London CHARLES R. RIght Trusty and VVell-beloved VVe greet you well Having expressed Our Resolution to the two Houses of Our Parliament of England and the Committee of Estates of Our Parliament of Scotland to give all just satisfaction to the joynt desires of both Kingdoms VVe have now likewise thought fit to assure the two chief Cities of both Our Kingdoms That nothing is more grievous to Us than the Trouble and Distractions of Our People and that nothing on Earth is more desired by Us than that in Religion and Peace with all the comfortable Fruits of both they may henceforth live under Us in all Godliness and Honesty And this Profession VVe make for no other end but that you may know immediately from Our Selves Our Integrity and full resolution to comply with Our Parliaments in every thing for settling Truth and Peace and Our desire to have all things speedily concluded which shall be found requisite for that end that Our Return to that Our Ancient City may be to the Satisfaction of Our Parliament the good liking of you and all Our good People and to Our own greater joy and comfort VVe bid you heartily farewell From Newcastle the 19 th of May 1646. His MAJESTIES Message to both Houses from Newcastle June 10. 1646. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HIS Majesty looking with grief of heart upon the sad sufferings of his People in his three Kingdoms for some years past and being afflicted with their Distresses and unquiet condition through the Distractions about Religion the keeping of Forces on Foot in the Field and Garrisons the not satisfying of Publick Debts and the fears of the further effusion of Blood by the continuance of an unnatural VVar in any of these Kingdoms or by rending and dividing these Kingdoms so happily united and having sent a gracious Message unto both Houses of Parliament and the Commissioners of the Parliament of Scotland expressing the necessary Causes of his coming from Oxford unto the Scotish Army without any intention to make a division where he is in Freedom and right capacity to settle a true Peace and containing such Offers as he conceived would have been accepted with a general Clause of complying with their desires and being impatient of Delays and not acquainted with the particulars which may give contentment to them his Majesty doth earnestly desire That the Propositions of Peace so often promised and so much expected may be speedily sent unto him That upon consideration of them he may apply himself to give such satisfaction as may be the foundation of a firm Peace And for the better and more speedy attaining thereunto his Majesty doth further propound That he may come to London with Safety Freedom and Honour where he resolves to comply with his Houses of Parliament in every thing which may be most for the good of his Subjects and perfect what remains for settling both Kingdoms and People in a happy Condition being likewise most confident that they according to their re-iterated Declarations and solemn Protestations will be zealous in the maintenance of his Honour and just and lawful Rights And his Majesty desires the Houses of Parliament to disburthen the Kingdom of all Forces and Garrisons in their power except such as before these unhappy times have been maintained for the necessary defence and safety of this Kingdom So he is willing forthwith to disband all his Forces and Garrisons within the same as the inclosed Order herewith sent will evidence And if upon these Offers his Majesty shall have such satisfaction as he may be confident a firm Peace shall ensue thereon his Majesty will then give Order for his Son the Prince his present return Newcastle the 10th of June 1646. His MAJESTIES Letter to the Governours of His Garrisons from Newcastle June 10. 1646. To Our Trusty and VVell-beloved Sir Thomas Glenham Sir Thomas Tildesley Colonel H. Washington Col. Thomas Blagge Governours of Our Cities and Towns of Oxford Litchfield Worcester and Wallingford and all other Commanders of any Towns Castles and Forts in Our Kingdom of England CHARLES R. HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects and leave no means unassayed for removing all Differences amongst us therefore We have thought fit the more to evidence the reality of Our Intentions of settling a happy and firm Peace to require you upon honourable Terms to quit those Towns Castles and Forts intrusted to you by Us and to disband all the Forces under your several Commands Newcastle the tenth of June 1646. His MAJESTIES Letter to the Marquess of Ormond Lord Lieutenant of Ireland from Newcastle June 11. 1646. CHARLES R. RIght Trusty and entirely Beloved Cousin and Counsellor We greet you well Having long with much grief looked upon the sad Condition Our Kingdom of Ireland hath been in these divers years through the wicked and desperate Rebellion there and the bloody effects have ensued thereupon for the setling whereof We would have wholly applied Our selves if the Difference between Us and Our Subjects here had not diverted and withdrawn Us and not having been able by Force for that respect to reduce them We were necessitated for the present safety of Our Protestant Subjects there to give you Power and Authority to Treat with them upon such pious honourable and safe grounds as the good of that Our Kingdom did then require But for many Reasons too long for a Letter We think fit to require you to proceed no further in Treaty with the Rebels nor to engage Us upon any Conditions with them after sight hereof And having formerly found such real proofs of your ready
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment concerning the State or Common-wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates
of such late Members of either House of Parliament as sate in the unlawful Assembly at Oxford and shall not have rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 3. Branch That one full moiety of the Estates of such Persons late Members of either of the Houses of Parliament who have deserted the Parliament and adhered to the Enemies thereof and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 10. Qualification That a full third part on the value of the Estates of all Judges and Officers towards the Law Common or Civil and of all Serjeants Councellors and Attorneys Doctors Advocates and Proctors of the Law Common or Civil and of all Bishops Clergy-men Masters and Fellows of any Colledge or Hall in either of the Universities or elsewhere and of all Masters of Schools or Hospitals and of Ecclesiastical Persons who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification concerning such as have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof and are disabled according to the said Qualification to be taken and employed for the payment of the publick Debts and Damages of the Kingdom 11. Qualification That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth two hundred pounds Sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth one hundred pounds Sterling be at liberty and discharged 1. Branch This Proposition to stand as to the English and as to the Scots likewise if the Parliament of Scotland or their Commissioners shall so think fit 2. Branch That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and applied to the discharge of the said Engagements The like for the Kingdom of Scotland if the Estates of Parliament or such as shall have power from them shall think fit XVII That an Act of Parliament be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace or any Articles thereupon with the Rebels without Consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by them and the King to assist and to do no Act to discountenance or molest them therein That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament in such manner as both Houses of the Parliament of England have agreed or shall agree upon after Consultation had with the Assembly of Divines here That the Deputy or chief Governour or other Governours of Ireland and the Presidents of the several Provinces of that Kingdom be nominated by both the Houses of the Parliament of England or in the Intervals of Parliament by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose and that the Chancellour or Lord Keeper Lord Treasurer Commissioners of the great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of the Kingdoms of England and Ireland and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the Intervals of Parliament by the fore-mentioned Committees to be approved or disallowed by both Houses at their next sitting The like for the Kingdom of Scotland concerning the nomination of the Lords of the Privy Council Lords of Session and Exchequer Officers of State and Justice General in such manner as the Estates of the Parliament there shall think fit XVIII That the Militia of the City of London and Liberties thereof may be in the ordering and government of the Lord Maior Aldermen and Commons in Common Council assembled or such as they shall from time to time appoint whereof the Lord Maior and Sheriffs for the time being to be three to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament That no Citizen of the City of London nor any of the Forces of the said City shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service without their own free Consent That an Act be passed for the granting and confirming of the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser That the Tower of London may be in the Government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council And for prevention of inconveniences which may happen by the long intermission of Common-Councils it is desired that there may be an Act that all by-Laws and Ordinances already made or hereafter to be made by the Lord Maior Aldermen and Commons in Common-Council assembled touching the calling continuing directing and regulating the same Common-Councils shall be as effectual in Law to all Intents and Purposes as if the same were particularly Enacted by the Authority of Parliament and that the Lord Maior Aldermen and Commons in Common-Council may add to or repeal the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their further Safety Welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament XIX That all Grants Commissions Presentations Writs Process Proceedings and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof be and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes as the same or like Grants Commissions Presentations Writs Process Proceedings and
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth day of May and before the 28. day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so
to manifest his real Intentions for the setling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm Peace which all honest men desire assuring them that as he will make no other Demands but such as he believes confidently to be just and much conducing to the Tranquility of his People so he will be most willing to condescend to them in whatsoever shall be really for their good and Happiness Not doubting likewise but you will also have a due regard to maintain the just Power of the Crown according to your many Protestations and Professions For certainly except King and People have reciprocal care each of other neither can be happy To conclude 'T is your KING Who desires to be heard the which if refused to a Subject by a King he would be thought a Tyrant for it and for that end which all men profess to desire Wherefore his Majesty conjures you as you desire to shew your selves really what you profess even as you are good Christians and Subjects that you will accept this his Offer which he is confident God will so bless that it will be the readiest means by which these Kingdoms may again become a comfort to their Friends and a terror to their Enemies Newcastle 20. Decemb. 1646. His MAJESTIES Quaeres to the Scots Commissioners upon Thursday the 14. of January 1646-7 IT is a received Opinion by many That Ingagements Acts or Promises of a restrained Person are neither valid nor obligatory How true or false this is I will not now dispute But I am sure if I be not free I am not fit to answer your or any Propositions Wherefore you should first resolve Me in what state I stand as in relation to Freedom before I can give you any other Answer The Reason of this My Question the Governour can best resolve you But if you object the loss of time and urgency of it certainly in one respect it presses none so much as My self which makes Me also think it necessary that I be not to seek what to do when this Garrison shall be surrendred up to demand of you in case I go into Scotland if I shall be there with Honour Freedom and Safety or how Being ready to give you a farther and more particular Answer how soon you shall have resolved these two Quaeres The Scots Commissioners Answer to His MAJESTIES Quaeres Thursday the 14. of Jan. 1646-47 I. TO the First In what state You stand as in relation to Freedom The Parliaments of both Your Kingdoms have given such Orders and Directions as they have thought fittest for the good and safety of Your Majesty and the Kingdoms to the General and Governour II. To Your Majesties Second Quaere of Your going into Scotland we shall humbly desire That we may not now be put to give any Answer But if Your Majesty shall either deny or delay Your Assent to the Propositions we are in that case to represent to Your Majesty the Resolutions of the Parliament of England His MAJESTIES Reply to the Scots Commissioners I Know very well That the General and Governour have received Orders concerning Me but the question is Into what state those Orders put Me as relating to Freedom To which you have either Power to Answer or not If you have then Answer Me otherwise send to those who can And so for my Second Quaere His MAJESTIES Message to both Houses in farther Answer to their Propositions From Holdenby May 12. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. AS the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them so the appearance of their sending being no more for any thing he can hear than it was at his first coming hither notwithstanding that the Earl of Lauderdale hath been at London above these Ten days whose not coming was said to be the onely stop hath caused his Majesty thus to anticipate their coming to him And yet considering his Condition that his Servants are denied access to him all but very few and those by appointment not his own election and that it is declared a Crime for any but the Commissioners or such who are particularly permitted by them to converse with his Majesty or that any Letters should be given to or received from him may he not truly say That he is not in case fit to make Concessions or give Answers since he is not master of those ordinary Actions which are the undoubted Rights of any free-born man how mean soever his Birth be And certainly he would still be silent as to this Subject until his Condition were much mended did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms which may make a firm and lasting Peace in all his Dominions before any particular of his own or any earthly Blessing and therefore his Majesty hath diligently employed his utmost Endeavours for divers months past so to inform his Understanding and to satisfie his Conscience that he might be able to give such Answers to the Propositions as would be most agreeable to his Parliaments but he ingenuously professes that not withstanding all the pains that he hath taken therein the nature of some of them appears such unto him that without disclaiming that Reason which God hath given him to judge by for the good of him and his People and without putting the greatest violence upon his own Conscience he cannot give his Consent to all of them Yet his Majesty that it may appear to all the World how desirous he is to give full satisfaction hath thought fit hereby to express his readiness to grant what he may and his willingness to receive from them and that Personally if his two Houses at VVestminster shall approve thereof such further information in the rest as may best convince his Judgment and satisfie those Doubts which are not yet clear unto him desiring them also to consider That if his Majesty intended to wind himself out of these Troubles by indirect means were it not easie for him now readily to consent to what hath or shall be proposed unto him and afterwards chuse his time to break all alledging That forc'd Concessions are not to be kept Surely he might and not incur a hard Censure from some indifferent men But Maximes in this kind are not the Guides of his Majesties Actions for he freely and clearly avows that he holds it unlawful for any man and most base in a King to recede from his Promises for having been obtained by force or under restraint Wherefore his Majesty not onely rejecting those Acts which he esteems unworthy of him
but even passing by that which he might well insist upon a Point of Honour in respect of his present Condition thus answers the first Proposition That upon his Majesties coming to London He will heartily joyn in all that shall concern the Honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Honour In answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial Government the Assembly of Divines at VVestminster and the Directory for Three years being the time set down by the Two Houses so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have And also that a free Consultation and Debate be had with the Divines at VVestminster Twenty of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years or sooner if Differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of Conscience he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his Zeal to the Protestant Profession and the Union of these two Kingdoms which he conceives to be the main drift of this Covenant To the Seventh and Eighth Propositions his Majesty will consent To the Ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said Penalties shall be levied and disposed of To the Tenth his Majesties Answer is That he hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his Consent to the Act for the due Observation of the Lord's day for the suppressing of Innovations and those concerning the preaching of God's Word and touching Non-residence and Pluralities and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in terminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the Protection and Government of his People thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be onely security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the Agreements which are now to be concluded which is desired which his Majesty always understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction To which end he is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Persons as the Two Houses shall nominate giving them power during the said Term to change the said Persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are English-men and lovers of Peace by the Duty they owe to his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects that they will accept of this his Majesties Offer whereby the joyful News of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give Satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty onely professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best bond of Peace and that after Intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of many Persons and Families otherwise exposed to ruine might not become fewel to new Disorders or seeds to future Troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty and propounds as a very acceptable testimony of their Affection to him That a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new Great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal which in Honour and Justice He is obliged to maintain and that the future Government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19. Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this Agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at
Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual Love Trust and Confidence as shall most concern the good of Him and His People Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for his ready Obedience thereunto Holdenby May 12. 1647. MDCXLVII Jul. The Londoners Petition and Engagement To the Right Honourable the Lord Maior the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled The Humble Petition of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bills of Mortality Sheweth THat your Petitioners taking into serious consideration how Religion His Majesties Honour and Safety the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and lasting Peace without a further effusion of Christian English Blood have therefore entred into a solemn Engagement which is hereunto annexed and do humbly and earnestly desire that this whole City may joyn together by all lawful and possible means as one man in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in answer to the Propositions of both Kingdoms and that by a Personal Treaty with his two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established All which we desire may be presented to both Houses of Parliament from this Honourable Assembly And we shall pray c. A solemn Engagement of the Citizens Commanders Officers and Soldiers of the Trained Bands and Auxiliaries the Young men and Apprentices of the Cities of London and VVestminster Sea-Commanders Sea-men and Water-men together with divers other Commanders Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King and the Peace and Safety of the Three Kingdoms of England Scotland and Ireland all which we do evidently perceive not only to be endangered but ready to be destroyed we do therefore in pursuance of our said Covenant Oath of Allegiance Oath of every Free-man of the Cities of London and Westminster and Protestations solemnly engage our selves and vow unto Almighty God That we will to the utmost of our power cordially endeavour that His Majesty may speedily come to His two Houses of Parliament with Honour Safety and Freedom and that without the nearer approach of the Army there to confirm such things as He hath granted in His Message of the 12. of May last in Answer to the Propositions of both Kingdoms and that by a Personal Treaty with His two Houses of Parliament and the Commissioners of the Kingdom of Scotland such things as are yet in difference may be speedily settled and a firm and lasting Peace established For effecting whereof we do protest and re-oblige our selves as in the presence of God the searcher of all hearts with our Lives and Fortunes to endeavour what in us lies to preserve and defend His Majesties Royal Person and Authority the Priviledges of Parliament and Liberties of the Subject in their full and constant Freedom the Cities of London and Westminster Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality and all others that shall adhere with us to the said Covenant Oath of Allegiance Oath of every Freeman of London and VVestminster and Protestation Nor shall we by any means admit suffer or endure any kind of Neutrality in this Common Cause of God the King and Kingdom as we do expect the Blessing of Almighty God whose help we crave and wholly devolve our selves upon in this our Undertaking A Declaration of the Lords and Commons assembled in Parliament Die Sabbathi 24. Julii 1647. THE Lords and Commons having seen a printed Paper intituled A Petition to the Right Honourable the Lord Maior the Right VVorshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled under the Name of divers Citizens Commanders Officers and Soldiers of the Trained Bands Auxiliaries and others Young men and Apprentices Sea-Commanders Sea-men and VVater-men together with a dangerous Engagement of the same persons by Oath and Vow concerning the King 's present coming to the Parliament upon Terms far different from those which both Houses after mature deliberation have declared to be necessary for the good and safety of this Kingdom casting Reflections upon the Proceedings both of the Parliament and Army and tending to the imbroiling the Kingdom in a new War and the said Lords and Commons taking notice of great endeavours used by divers ill-affected persons to procure Subscriptions thereunto whereby well-meaning people may be misled do therefore declare That whosoever after Publication or notice hereof shall proceed in or promote or set his Name to or give Consent that his Name be set unto or any way joyn in the said Engagement shall be deemed and adjudged guilty of High Treason and shall forfeit Life and Estate as in cases of High Treason accustomed H. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. BE it ordained by the Lords and Commons in Parliament assembled That the Declaration of the twenty fourth of this instant July which declares all those Traitors and so to forfeit Life and Estate who shall after Publication thereof act thereupon to get Subscriptions be Null and Void any thing in the said Declaration to the contrary notwithstanding Joh. Browne Cler. Par. Hen. Elsynge Cler. Par. Dom. Com. Die Lunae 26. Julii 1647. REsolved upon the Question That His Majesty shall come to Londo Die Saturni 31. Julii 1647. Resolved upon the Question That the King's Majesty come to one of His Houses nearer London that Propositions may be sent and Address made to His Majesty from both Houses of the Parliament of England and the Kingdom of Scotland for Peace MDCXLVII His MAJESTIES Declaration and Profession disavowing any Preparations in Him to levy War against His two Houses of Parliament CHARLES R. THere having been many
and Consent of the said Lords and Commons or of such Committees or Council in the Intervals of Parliament as they shall appoint 3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary as also for payment of the Publick Debts and Damages and for all other the Publick uses of the Kingdom 4. And to the end the temporary Security intended by the three particulars last precedent may be the better assured it may therefore be provided That no Subjects that have been in Hostility against the Parliament in the late War shall be capable of bearing any Office of Power or publick Trust in the Commonwealth during the space of five years without Consent of Parliament or of the Council of State or to sit as Members or Assistants of either House of Parliament until the second Biennial Parliament be past III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland 1. That there be Commissioners for the Admiralty a Vice-Admiral and Rere-Admiral now to be agreed on with power for the forming regulating appointing of Officers and providing for the Navy and for ordering the same to and in the ordinary Service of the Kingdom and that there be a sufficient provision and establishment for Pay and maintenance thereof 2. That there be a General for Command of the Land-Forces that are to be in pay both in England Ireland and Wales both for Field and Garrison 3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties consisting of Trained Bands and Auxiliaries not in pay with power for the proportioning forming regulating training and disciplining of them 4. That there be a Council of State with power to superintend and direct the several and particular powers of the Militia last mentioned for the Peace and Safety of this Kingdom and of Ireland 5. That the same Council may have power as the King 's Privy Council for and in all Forreign Negotiations provided That the making of War or Peace with any other Kingdom or State shall not be without the Advice and Consent of Parliament 6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on and the same persons to continue in that power si bene se gesserint for a certain Term not exceeding seven years 7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland the establishment to continue until two Months after the meeting of the first Biennial Parliament IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament or by such Committees as they shall appoint for that purpose in the Intervals with submission to the Approbation of the next Parliament and after ten years they to nominate three and the King out of that number to appoint one for the succession upon any vacancy V. That an Act be passed for restraining of any Peers made since the 21. day of May 1642. or to be hereafter made from having any power to sit or vote in Parliament without Consent of both Houses VI. That an Act be passed for recalling and making void all Declarations and other Proceedings against the Parliament or against any that have acted by or under their Authority in the late War or in relation to it and that the Ordinances for Indemnity may be confirmed VII That an Act be passed for making void all Grants c. under the Great Seal that was conveyed away from the Parliament since the time that it was so conveyed away except as in the Parliaments Propositions and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Parliament VIII That an Act be passed for Confirmation of the Treaties between the two Kingdoms of England and Scotland and for appointing Conservators of the Peace betwixt them IX That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament Provided His Majesties Revenue be not damnified therein nor those that last held Offices in the same left without reparation some other way X. An Act to declare void the Cessation of Ireland c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England XI An Act to be passed to take away all Coercive Power Authority and Jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever extending to any Civil Penalties upon any and to repeal all Laws whereby the Civil Magistracy hath been or is bound upon any Ecclesiastical Censure to proceed ex officio unto any Civil Penalties against any persons so censured XII That there be a repeal of all Acts or Clauses in any Act enjoyning the use of the Book of Common Prayer and imposing any Penalties for neglect thereof as also of all Acts or Clauses in any Act imposing any penalty for not coming to Church or for Meetings elsewhere for Prayer or other Religious Duties Exercises or Ordinances and some other provision to be made for discovering of Papists and Popish Recusants and for disabling of them and of all Jusuites or Priests from disturbing the State XIII That the taking of the Covenant be not enforced upon any nor any penalties imposed upon the Refusors whereby men might be constrained to take it against their Judgments or Consciences but all Orders or Ordinances tending to that purpose to be repealed XIV That the things here before proposed being provided for settling and securing the Rights Liberties Peace and Safety of the Kingdom His Majesties Person His Queen and Royal Issue may be restored to a Condition of Safety Honour and Freedom in this Nation without diminution to their Personal Rights or further Limitation to the Exercise of the Regal Power than according to the particulars aforegoing XV. For the matter of Compositions 1. That a less number out of the Persons excepted in the two first Qualifications not exceeding five for the English being nominated particularly by the Parliament who together with the persons in the Irish Rebellion included in the third Qualification may be reserved to the future Judgment of the Parliament as they shall find cause all other excepted persons may be remitted from the Exception and admitted to Composition 2. That the Rates for all future Compositions may be lessened and limitted not to exceed the several proportions hereafter exprest respectively That is to say 1. For all persons formerly excepted not above a third part 2. For the late Members of Parliament under the first Branch of the fourth Qualification in the Propositions a fourth part 3. For other Members of Parliament in the second and third Branches of the
same Qualification a sixth part 4. For the persons nominated in the said fourth Qualification and those included in the tenth Qualification an eighth part 5. For all others included in the sixth Qualification a tenth part And that real Debts either upon Record or proved by Witnesses be considered and abated in the valuation of their Estates in all the cases aforesaid 3. That those who shall hereafter come to Compound may not have the Covenant put upon them as a Condition without which they may not Compound but in case they shall not willingly take it they may pass their Compositions without it 4. That the Persons and Estates of all English not worth two hundred pounds in Lands or Goods be at liberty and discharged and that the King 's menial Servants that never took up Arms but only attended His Person according to their Offices may be freed from Composition or to pay at most but the proportion of one years Revenue or a twentieth part 5. That in order to the making and perfecting of Compositions at the Rates aforesaid the Rents Revenues and other Dues and Profits of all sequestred Estates whatsoever except the Estates of such persons who shall be continued under exception as before be from henceforth suspended and detained in the hands of the respective Tenants Occupants and others from whom they are due for the space of six months following 6. That the Faith of the Army or other Forces of the Parliament given in Articles upon Surrenders to any of the King's Party may be fully made good and where any breach thereof shall appear to have been made full reparation and satisfaction may be given to the parties injured and the persons offending being found out may be compelled thereto XVI That there may be a general Act of Oblivion to extend unto all except the persons to be continued in exception as before to absolve from all Trespasses Misdemeanors c. done in prosecution of the War and from all trouble or prejudice for or concerning the same after their Compositions past and to restore them to all Priviledges c. belonging to other Subjects provided as in the fourth particular under the second general Head aforegoing concerning Security And whereas there have been of late strong endeavours and practices of a factious and desperate party to embroil this Kingdom in a new War and for that purpose to induce the King the Queen and Prince to declare for the said Party and also to excite and stir up all those of the King 's late Party to appear and engage for the same which Attempts and Designs many of the King's Party out of their desires to avoid further Misery to the Kingdom have contributed their endeavours to prevent as for divers of them we have had particular Assurance we do therefore desire that such of the King's Party who shall appear to have expressed and shall hereafter express that way their good Affections to the Peace and Welfare of the Kingdom and to hinder the imbroiling of the same in a new War may be freed and exempted from Compositions or to pay but one years Revenue or a twentieth part These Particulars aforegoing are the Heads of such Proposals as we have agreed on to tend in order to the settling of the Peace of this Kingdom leaving the Terms of Peace for the Kingdom of Scotland to stand as in the late Propositions of both Kingdoms until that Kingdom shall agree to any alteration Next to the Proposals aforesaid for the present settling of a Peace we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare ease and just satisfaction of the Kingdom and in special manner I. That the just and necessary Liberty of the People to represent their Grievances and Desires by way of Petition may be cleared and vindicated according to the fifth Head in the late Representation or Declaration of the Army sent from St. Albans II. That in pursuance of the same Head of the said Declaration the common Grievances of the People may be speedily considered of and effectually redressed and in particular 1. That the Excise may be taken off from such Commodities whereon the poor people of the Land do ordinarily live and a certain time to be limited for taking off the whole 2. That the Oppressions and Incroachments of Forest Laws may be prevented for future 3. All Monopolies old or new and Restraints to the freedom of Trade to be taken off 4. That a course may be taken and Commissioners appointed to remedy and rectifie the inequality of Rates lying upon several Counties and several parts of each County in respect of others and to settle the proportions for Land rates to more equality throughout the Kingdom in order to which we shall offer some further particulars which we hope may be useful 5. The present unequal troublesome and contentious way of Ministers maintenance by Tithes to be considered of and some Remedy applied 6. That the Rules and Course of Law and the Officers of it may be so reduced and reformed as that all Suits and Questions of Right may be more clear and certain in the issues and not so tedious or chargeable in the proceedings as now in order to which we shall offer some further particulars hereafter 7. That Prisoners for Debt or other * Creditors who have Estates to discharge them may not by embracing Imprisonment or any other ways have advantage to defraud their Creditors but that the Estates of all men may be some way made liable to their Debts as well as Tradesmen are by Commissions of Bankrupt whether they be imprisoned for it or not and that such Prisoners for Debt who have not wherewith to pay or at least do yield up what they have to their Creditors may be freed from Imprisonment or some way provided for so as neither they nor their Families may perish by their Imprisonments 8. Some provision to be made that none may be compelled by Penalties or otherwise to answer unto Questions tending to the accusing of themselves or their nearest Relations in Criminal Causes and no man's life to be taken away under two Witnesses 9. That consideration may be had of all Statutes and the Laws or Customs of Corporations imposing any Oaths either to repeal or else to qualifie and provide against the same so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people meerly for non-conformity in Religion III. That according to the sixth Head in the Declaration of the Army the large powers given to Committees or Deputy-Lieutenants during the late times of War and Distraction may be speedily taken into consideration to be re-called and made void and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way and left to as little Arbitrariness as the nature and necessity of the things wherein they are conversant
will bear IV. That according to the seventh Head in the said Declaration an effectual course may be taken that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied V. That provision may be made for payment of Arrears to the Army and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late Desires and Proceedings thereof and in the next place for payment of the Publick Debts and Damages of the Kingdom and that to be performed first to such persons whose Debts or Damages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In order to all which and to the fourth particular last preceding we shall speedily offer some farther particulars in the nature of Rules which we hope will be of good use towards publick satisfaction August 1. 1647. Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War Jo. Rushworth Secret Propositions presented to His MAJESTY at Hampton-Court upon Tuesday the seventh of September 1647. by the Earls of Pembroke and Lauderdale Sir Charles Erskin Sir John Holland Sir John Cooke Sir James Harrington Mr. Richard Browne Mr. Hugh Kenedy and Mr. Robert Berkley in the names of the Parliament of England and in behalf of the Kingdom of Scotland May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which We do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively Heads of the Propositions presented to the King's Majesty for a safe and well-grounded Peace 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms 2. His Majesty to sign the Covenant 3. To pass a Bill for abolishing Bishops 4. To pass a Bill for Sale of Bishops Lands 5. To confirm the sitting of the Assembly 6. Religion to be reformed as the Houses agree 7. Such Vniformity of Religion to be passed in an Act. 8. An Act passed against Popish Recusants 9. For Education of the Children of Papists 10. For laying Penalties upon Papists 11. An Act for prevention of Popish practices And the like for the Kingdom of Scotland 12. For the Royal Assent to Acts for the Lords day for preaching against Innovations regulating Colledges and for publick Debts and Damages The like for Scotland 13. to pass the settling of the Militia and Navy 14. To null the old Great Seal 15. For settling of Conservators for the Peace of the Kingdoms 16. The joynt Declarations and the Qualifications against Malignants 17. An Act to be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace with the Irish Rebels 18. The settling of the Militia of the City of London 19. The Great Seal with the Commissioners of Parliament and all Acts by it to be made good His MAJESTIES Answer to the Propositions of both Houses Hampton-Court Sept. 9. 1647. For the Speaker of the Lords House pro tempore to be communicated to both Houses of the Parliament of England and the Commissioners of the Kingdom of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as he believes all his good Subjects are of the late great Distractions and still languishing and unsetled State of this Kingdom and he calls God to Witness and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition His Majesty having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his Conscience and Honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of Affairs then when they were formerly presented unto him as being destructive to the main principal Interests of the Army and of all those whose Affections concur with them And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them and with them to be Treated on in order to the clearing and securing the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace to which Proposals as he conceives his two Houses not to be strangers so he believes they will think with him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him He therefore propounds as the best way in his Judgment in order to a Peace that his two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with his Majesty and upon such other Propositions as his Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of his Majesties full Concession wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession with Liberty to tender Consciences and the securing of the Laws Liberties and Properties of all his Subjects and the just Priviledges of Parliament for the future And likewise by his present deportment in this Treaty he will make the World clearly judge of his Intentions in matter of future Government In which Treaty his Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures his two Houses of Parliament by the Duty they owe to God and his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this his Majesties Offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom Given at Hampton-Court the ninth of September 1647. His MAJESTIES Message to both Houses left by Him on His
perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as his Majesty shall find necessary to propose on his part he earnestly desires a Personal Treaty at London with his two Houses in Honour Freedom and Safety it being in his Judgment the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or to avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his two Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due Elections should be taken into consideration As for what concerns the Kingdom of Scotland his Majesty will very readily apply himself to give all reasonable satisfaction when the Desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto him From the Isle of Wight Novemb. 17. 1647. His MAJESTIES Declaration at the Isle of VVight Novemb. 19. 1647. CHARLES R. HIS Majesty doth declare That he came from Hampton-Court for no other cause but for the preservation of His Person which was as He apprehended in such danger that He could not with Safety continue longer there That if He could have been there with Safety He would not have departed thence nor from the Army And that He chose this place rather than any other when He was at liberty to have gone whither He pleased that He might still continue under the protection of the Army Colonel Hammond being a Member thereof and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace to which He professes a very great inclination and desire and that there shall be nothing wanting on His part that may be reasonably expected from Him And His Majesty doth further Declare That in case these Gentlemen be taken from Him and punished as evil doers for counselling Him not to go out of the Kingdom but rather to come to the place where He now is for the ends aforesaid and for their endeavouring accordingly in attending Him hither He cannot but Himself expect to be dealt with accordingly His case being the same Carisbrooke Castle Novemb. 19. 1647. His MAJESTIES Letter to Sir THOMAS FAIRFAX from Carisbrooke Novemb. 26. 1647. For Sir Thomas Fairfax General CHARLES R. HAving left Order at Our remove from Hampton-Court that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing and the continuance of Our Resolutions to improve every occasion of the satisfaction of all chief Interests that so a happy Peace may be settled in Our Dominions in pursuance whereof We have lately sent a Message to both Houses from this place and a Copy of it to you and being desirous in order to that blessed Work to give you Our present sense upon the condition of Affairs as they now stand We have thought fit to appoint Sir John Barkley to repair unto you and to communicate the same to you and We shall be glad by him to receive a mutual communication of your sense also upon this Subject not doubting but you easily perceive by the late Disorders into what a depth of Confusion the Army and the Nation will fall if timely and effectual preventions be not used And therefore We have now again proposed as the only Expedient a Personal Treaty for the composing of all differences and fulfilling the desires of all Interests to which if you will imploy your Credit as you cannot but expect the Blessings of God upon your endeavours therein so you may justly look for the best return that ever Our Condition shall be able to make you Given at Carisbrooke Castle the 26. day of Novemb. 1647. His MAJESTIES Message to both Houses from Carisbrook Castle Dec. 6. 1647. To the Speaker of the House of Peers pro tempore to be communicated to both Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receit of His Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace His Majesties constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that Acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude If ye will but consider in how little time this necessary good Work will be done if you the two Houses will wait on His Majesty with the same Resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesties earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least Concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace From Carisbrook Castle Decemb. 6. 1647. MDâ—XLVII Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed Together with the Propositions sent unto Him at the same time which upon the passing of those Bills were to be Treated upon THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills which have passed the two Houses of Parliament thus severally Entituled viz. An Act concerning the raising settling and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed An Act for justifying the Proceedings of Parliament in the late War and for declaring all Oaths Declarations
passed for abolishing Bishops and all Appendants to them 10. That the Ordinances for disposing of Bishops Lands be confirmed by Act. 11. That an Act be passed for the sale of Church-Lands 12. That Delinquents be proceeded against and their Estates disposed of according to the several Qualifications 13. Than an Act be passed for discharge of Publick Debts 14. That Acts be passed for settling the Presbyterian Government and Directory Fourteen of the Thirty nine Articles revised by the Assembly of Divines Rules and Directions concerning Suspension from the Lords Supper 15. That the chief Governour and Officers in Ireland and the great Officers in England be nominated by both Houses 16. That an Act be passed for conviction of Popish Recusants 17. That an Act be passed for the Education of the Children of Papists by Protestants 18. That an Act be passed for levying the Penalties against Popish Recusants 19. That an Act be passed for preventing the Practices of Papists against the State and hearing Mass 20. That an Act be passed for Observation of the Lords day 21. And a Bill for suppressing Innovations 22. And for advancement of Preaching 23. And against Pluralities and Non-residency They have also commanded us to desire That Your Majesty give Your Royal Assent to these Bills by Your Letters-Patents under the Great Seal of England and signed by Your Hand and Declared and Notified to the Lords and Commons assembled together in the House of Peers according to the Law declared in that behalf it appearing unto them upon mature deliberation that it stands not with the Safety and Security of the Kingdom and Parliament to have Your Majesties Assent at this time given otherwise They desire therefore that Your Majesty be pleased to grant Your Warrant for the draught of a Bill for such Your Letters Patents to be presented to Your Majesty and then a Warrant to Edward Earl of Manchester and William Lenthal Esquire Speaker of the House of Commons who have now the Custody of the Great Seal of England to put the same of Your Majesties Letters-Patents signed as aforesaid thereby authorizing Algernon Earl of Northumberland Henry Earl of Kent John Earl of Rutland Philip Earl of Pembroke William Earl of Salisbury Robert Earl of Warwick and Edmond Earl of Moulgrave or any three of them to give Your Majesties Royal Assent unto the said Bills according to the Law in that behalf declared And for the other particulars contained in the aforementioned Propositions the two Houses of Parliament will after such Your Majesties Assent given to the said Bills send a Committee of both Houses to Treat with Your Majesty in the Isle of Wight thereupon The Paper of the Scots Commissioners delivered to His MAJESTY when the Four Bills and Propositions were presented THere is nothing which we have more constantly endeavoured and do more earnestly desire than a good Agreement and happy Peace between Your Majesty and Your Parliaments of both Kingdoms neither have we left any means unassayed that by united Counsels with the Houses of the Parliament of England and by making joynt Applications to Your Majesty there might be a composure of all Differences But the new Propositions communicated to us by the Houses and the Bills therewith presented to Your Majesty are so prejudicial to Religion the Crown and the Union and Interest of the Kingdoms and so far different from the former proceedings and engagements betwixt the Kingdoms as we cannot concur therein Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendred to Your Majesty London Lauderdale Char. Erskin Hu. Kennedy Ro. Berclay His MAJESTIES Answer to the Four Bills and Propositions Dec. 28. 1647. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least Difficulties He hath met with since the time of His Afflictions Which is too visible when at the same time that the two Houses of the English Parliament do present to his Majesty several Bills and Propositions for his Consent the Commissioners for Scotland do openly protest against them So that were there nothing in the case but the consideration of that difference his Majesty cannot imagine how to give such an Answer to what is now proposed as thereby to promise himself his great End A Perfect Peace And when his Majesty farther considers how impossible it is in the condition he now stands to fulfil the desires of his two Houses since the only ancient and known ways of passing Laws are either by his Majesties Personal Assent in the House of Peers or by Commission under his Great Seal of England he cannot but wonder at such failings in the manner of Address which is now made unto him unless his two Houses intend that his Majesty shall allow of a Great Seal made without his Authority before there be any consideration had thereupon in a Treaty which as it may hereafter hazard the Security it self so for the present it seems very unreasonable to his Majesty And though his Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a Treaty was only to obtain a Trust from him and not to take any advantage by passing them to force other things from him which are either against his Conscience or Honour yet his Majesty believes it clear to all understandings that these Bills contain as they are now penned not only the devesting himself of all Sovereignty and that without possibility of recovering it either to him or his Successors except by repeal of those Bills but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject as in other particulars so by giving an Arbitrary and unlimited Power to the two Houses for ever to raise and levy Forces for Land or Sea-service of what persons without distinction or quality and to what numbers they please and likewise for the payment of them to levy what moneys in such sort and by such ways and means and consequently upon the Estates of whatsoever persons as they shall think fit and appoint which is utterly inconsistent with the Liberty and Property of the Subject and his Majesties Trust in protecting them So that if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills his Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto and if not what a strange condition after the passing of these Four Bills his Majesty and all his Subjects would be cast into And here his Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding
Debate like to prove wherein the most potent party had nothing of moment left to ask and the other nothing more to give so consequently how hopeless of mutual compliance without which a Settlement is impossible Besides if after my Concessions the two Houses should insist on those things from which I cannot depart how desperate would the Condition of these Kingdoms be when the most proper and approved Remedy should become ineffectual Being therefore fully resolved that I could neither in Conscience Honour or Prudence pass those Four Bills I only endeavoured to make the Reasons and Justice of my Denial appear to all the World as they do to me intending to give as little dissatisfaction to the two Houses of Parliament without betraying my own Cause as the matter would bear I was desirous to give my Answer of the 28. of December last to the Commissioners sealed as I had done others heretofore and sometimes at the desire of the Commissioners chiefly because when my Messages or Answers were publickly known before they were read in the Houses prejudicial interpretations were forced on them much differing and sometimes contrary to my meaning For example my Answer from Hampton-Court was accused of dividing the two Nations because I promised to give satisfaction to the Scots in all things concerning that Kingdom and this last suffers in a contrary sense by making me intend to interest Scotland in the Laws of this Kingdom then which nothing was nor is further from my thoughts because I took notice of the Scots Commissioners protesting against the Bills and Propositions as contrary to the Interests and Engagements of the two Kingdoms Indeed if I had not mentioned their dissent an Objection not without some probability might have been made against me both in respect the Scots are much concerned in the Bill for the Militia and in several other Propositions and my silence might with some justice seem to approve of it But the Commissioners refusing to receive my Answer sealed I upon the engagement of their and the Governour 's Honour that no other use should be made or notice taken of it than as if it had not been seen read and delivered it open unto them whereupon what hath since passed either by the Governour in discharging most of my Servants redoubling the Guards and restraining me of my former Liberty and all this as himself confest meerly out of his own dislike of my Answer notwithstanding his beforesaid Engagement or afterwards by the two Houses as the Governor affirms in confining me within the circuit of this Castle I appeal to God and the World whether my said Answer deserved the Reply of such proceedings besides the unlawfulness for Subjects to imprison their King That by the permission of Almighty God I am reduced to this sad condition as I no way repine so I am not without hope but that the same God will in due time convert the Afflictions into my Advantage In the mean time I am confident to bear these crosses with Patience and a great equality of Mind but by what means or occasion I am come to this Relapse in my Affairs I am utterly to seek especially when I consider that I have sacrificed to my two Houses of Parliament for the Peace of the Kingdom all but what is much more dear to me than my Life my Conscience and Honour desiring nothing more than to perform it in the most proper and natural way A Personal Treaty But that which makes me most at a loss is the remembring my signal Compliance with the Army and their Interests and of what importance my Compliance was to them and their often-repeated Professions and Engagements for my just Rights in general at Newmarket and Saint-Albans and their particular explanations of those generals by their Voted and revoted Proposals which I had reason to understand should be the utmost extremity would be expected from me and that in some things therein I should be eased herein appealing to the Consciences of some of the chiefest Officers in the Army if what I have said be not punctually true and how I have failed of their expectations or my professions to them I challenge them and the whole World to produce the least colour of Reason And now I would know what it is that is desired Is it Peace I have shewed the way being both willing and desirous to perform my part in it which is a just Compliance with all chief Interests Is it Plenty and Happiness they are the inseparable effects of Peace Is it Security I who wish that all men would forgive and forget like me have offered the Militia for my time Is it Liberty of Conscience He who wants it is most ready to give it Is it the right administration of Justice Officers of trust are committed to the choice of my two Houses of Parliament Is it frequent Parliaments I have legally fully concurr'd therewith Is it the Arrears of the Army Upon a Settlement they will certainly be payed with much ease but before there will be found much difficulty if not impossibility in it Thus all the World cannot but see my real and unwearied endeavours for Peace the which by the Grace of God I shall neither repent me of nor ever be slackned in notwithstanding My past present or future Sufferings But if I may not be heard let every one judge who it is that obstructs the good I would or might do What is it that men are afraid to hear from me It cannot be Reason at least none will declare themselves so unreasonable as to confess it and it can less be impertinent or unreasonable Discourses for thereby peradventure I might more justifie this my Restraint than the causers themselves can do so that of all wonders yet this is the greatest to me But it may be easily gathered how those men intend to govern who have used me thus And if it be my hard Fate to fall together with the Liberty of this Kingdom I shall not blush for my self but much lament the future Miseries of my People the which I shall still pray God to avert whatever becomes of me CHARLES R. Votes for a Treaty Die Veneris 28. Jul. 1648. Resolved THat a Treaty be had with the King in Person in the Isle of Wight by a Committee appointed by both Houses upon the Propositions presented to him at Hampton-Court and for the taking away of Wards and Liveries for settling of a safe and well-grounded Peace Die Mercurii 2. Aug. 1648. Resolved THat a Committee of both Houses be sent to his Majesty to acquaint him with their Resolutions to treat personally with his Majesty by a Committee of both Houses in such place as his Majesty shall make choice of in the Isle of Wight upon the Propositions presented at Hampton-Court and the taking away of Wards and Liveries for the settling of a safe and well-grounded Peace Which Treaty is resolved by the two Houses to be transacted with Honor Freedom and Safety
your Majesties Letter of the tenth of August instant Westminster 25. Aug. 1648. Your Majesties most loyal and most humble Subjects and Servants Manchester Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons Die Jovis 24. Aug. 1648. Resolved upon the Question by the Lords and Commons in Parliament assembled That for opening a way towards a Treaty with his Majesty for a safe and well-grounded Peace these four Votes following are hereby revoked and taken off viz. 1. Resolved That the Lords and Commons do declare That they will make no further Addresses or Applications to the King 2. Resolved by the Lords and Commons assembled in Parliament That no Application or Addresses be made to the King by any person whatsoever without the leave of both Houses 3 Resolved by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the penalties of high Treason 4. Resolved That the Lords and Commons do declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Resolved by the Lords and Commons That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him during this Treaty they not being persons excepted by the Houses from Pardon or under restraint or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court Resolved That the Houses do agree that such Domestick Servants not being in the former Limitations as his Majesty shall appoint to come to attend upon his Majesties Person shall be sent unto him Resolved That the Town of Newport in the Isle of Wight named by the King shall be the Place for this Treaty with his Majesty Resolved That if the King shall think fit to send for any of the Scotish Nation to advise with him concerning the Affairs of the Kingdom of Scotland only the Houses will give them a safe Conduct they not being persons under restraint in this Kingdom or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion Resolved That Five Lords and Ten Members of the House of Commons be Commissioners to Treat with the King Resolved That the time of beginning the Treaty be within ten days after the Kings Assent to Treat as is agreed and to continue forty days after the beginning thereof Resolved That his Majesty be desired to pass his Royal Word to make his constant Residence in the Isle of Wight from the time of his Assenting to Treat until twenty days after the Treaty be ended unless it be otherwise desired by both Houses of Parliament and that after his Royal Word so passed and his Assent given to Treat as aforesaid from thenceforth the former Instructions of the 16. of November 1647. be vacated and these observed and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight according as is formerly expressed and shall certifie the same to both Houses His MAJESTIES Answer to the Votes For the Earl of Manchester Speaker of the House of Peers pro tempore and William Lenthal Speaker of the House of Commons Carisbrook Monday 28. August 1648. MY Lord and Master Speaker I have received your Letter of the 25. of this Month with the Votes that you sent Me which though they are not so full as I could have wished for the perfecting of a Treaty yet because I conceive by what you have done that I am in some measure fit to begin one such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commoners as My two Houses shall appoint be speedily sent fully Authorized and Instructed to Treat with Me not doubting but what is now wanting will at our meeting upon Debate be fully supplied not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest Your good Friend CHARLES R. Here Inclosed I have sent you a List that ye have desired I desire in order to one of your Votes that ye would send Me a free pass for Parsons one of the Grooms of My Presence-Chamber to go into Scotland and that ye would immediately send him to Me to receive the Dispatch thither The List Duke Richmond Marq. Hartford Earl Lindsey Earl Southampton Gentlemen of My Bed-Chamber George Kirke James Leviston Henry Murrey John Ashburnham William Leg Grooms of My Bed-Chamber Thomas Davise Barber Hugh Henne Humph. Rogers William Levett Pages of My Back-Stairs Rives Yeoman of My Robes Sir Ed. Sidenham Robert Terwitt John Housden Querries with four or six of My Footmen as they find fittest to wait Mistress Wheeler Landress with such Maids as she will chuse Parsons a Groom of My Presence Sir Fulke Grevill Captain Titus Captain Burroughs Master Cresset Hansted Ab. Dowsett Firebrace to wait as they did or as I shall appoint them Bishop of London Bishop of Salisbury Doctor Shelden Doctor Hammond Doctor Holdsworth Doctor Sanderson Doctor Turner Doctor Heywood Chaplains Sir Thomas Gardiner Sir Or. Bridgman Sir Ro. Holbourne Mr. Geffrey Palmer Mr. Thomas Cooke Mr. J. Vaughan Lawyers Sir Edward Walker Mr. Phil. Warwick Nic. Oudart Charles Whitaker Clarks and Writers Peter Newton Clem. Kinersley to make ready the House for Treating A Letter from the Speakers of both Houses to His MAJESTY Sept. 2. MDCXLVIII With the Names of their Committee to Treat with Him YOur two Houses of Parliament have commanded us to acquaint Your Majesty that they have appointed the Earl of Northumberland the Earl of Pembroke the Earl of Salisbury the Earl of Middlesex and the Lord Viscount Say and Seale Members of the House of Peers and Thomas Lord Wenman Master Denzil Hollis Master William Pierrepont Sir Henry Vane junior Sir Harbottle Grimston Master Samuel Brown Master John Crew Master Recorder of the City of London Sir John Potts Master John Bulkeley Members of the House of Commons to Treat with Your Majesty at Newport in the Isle of Wight And though they cannot come within the time appointed yet they shall give their attendance with all convenient speed 2. Septemb. 1648. Your Majesties most loyal and humble Servants Hunsdon Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Answer to both Speakers For the Lord Hunsdon Speaker of the House of
patience as bad as my worst Enemies can falsly say and I hope I shall still do better than they desire or deserve I should I believe it will at last appear that they who first began to embroil my other Kingdoms are in great part guilty if not of the first letting out yet of the not timely stopping those horrid effusions of blood in Ireland Which whatever my Enemies please to say or think I look upon as that of my other Kingdoms exhausted out of My own veins no man being so much weakned by it as My self And I hope tho mens unsatiable Cruelties never will yet the Mercy of God will at length say to his Justice It is enough and command the Sword of Civil wars to sheath it self his merciful Justice intending I trust not our utter Confusion but our Cure the abatement of our Sins not the desolating of these Nations O my God let those infinite Mercies prevent us once again which I and My Kingdoms have formerly abused and can never deserve should be restored Thou seest how much Cruelty among Christians is acted under the colour of Religion as if we could not be Christians unless we crucifie one another Because we have not more loved thy Truth and practised in Charity Thou hast suffered a spirit of Error and bitterness of mutual and mortal Hatred to rise among us O Lord forgive wherein we have sinned and sanstifie what we have suffered Let our Repentance be our Recovery as our great Sins have been onr Ruine Let not the Miseries I and My Kingdoms have hitherto suffered seem small to Thee but make our Sins appear to our Consciences as they are represented in the glass of thy Judgments for Thou never punishest small failings with so severe Afflictions O therefore according to the multitude of thy great Mercies pardon our Sins and remove thy Judgments which are very many and very heavy Yet let our Sins be ever more grievous to us than thy Judgments and make us more willing to repent than to be relieved first give us the Peace of penitent Consciences and then the tranquillity of united Kingdoms In the sea of our Saviours Blood drown our Sins and through this Red sea of our own blood bring us at last to a state of Piety Peace and Plenty As My publick relations to all make Me share in all My Subjects sufferings so give Me such a pious sense of them as becomes a Christian King and a loving Father of My People Let the scandalous and unjust Reproaches cast upon Me be as a breath more to kindle My Compassion Give Me grace to heap Charitable coals of fire upon their heads to melt them whose Malice or cruel Zeal hath kindled or hindred the quenching of those Flames which have so much wasted My Three Kingdoms O rescue and assist those poor Protestants in Ireland whom Thou hast hitherto preserved And lead those in the ways of Thy saving Truths whose Ignorance or Errors have filled them with Rebellious and destructive Principles which they act under an opinion that they do Thee good service Let the hand of Thy Justice be against those who maliciously and despitefully have raised or fomented those cruel and desperate Wars Thou art far from destroying the innocent with tho guilty and the erroneous with the malicious thou that hadst pity on Nineveh for the many Children that were therein give not over the whole stock of that populous and seduced Nation to the wrath of those whose Covetousness makes them Cruel nor to their Anger which is too fierce and therefore justly cursed Preserve if it be thy will in the midst of the furnace of thy severe Justice a Posterity which may praise Thee for Thy Mercy And deal with Me not according to mans unjust Reproaches but according to the Innocency of My hands in Thy sight If I have desired or delighted in the woful day of My Kingdoms Calamities if I have not earnestly studied and faithfully endeavoured the preventing and composing of these bloody Distractions then let thy hand be against Me and My Fathers house O Lord Thou seest I have Enemies enough of men as I need not so I should not dare thus to imprecate Thy Curse on Me and Mine if My Conscience did not witness my Integrity which Thou O Lord knowest right well But I trust not to My own Merit but thy Mercies Spare us O Lord and be not angry with us for ever XIII Vpon the calling in of the SCOTS and their Coming THE Scots are a Nation upon whom I have not only common ties of Nature Soveraignty and Bounty with my Father of Blessed memory but also special and late obligations of Favours having gratified the active Spirits among them so far that I seemed to many to prefer the desires of that Party before My own Interest and Honour But I see Royal bounty emboldens some men to ask and act beyond all bounds of Modesty and Gratitude My Charity and Act of Pacification forbids Me to reflect on former passages wherein I shall ever be far from letting any mans ingratitude or inconstancy make Me repent of what I granted them for the publick good I pray God it may so prove The coming again of that Party into England with an Army only to conform this Church to their late New model cannot but seem as unreasonable as they would have thought the same measure offered from hence to themselves Other Errand I could never understand they had besides those common and vulgar flourishes for Religion and Liberty save only to confirm the Presbyterian Copy they had set by making this Church to write after them tho it were in bloody Characters Which Design and End whether it will justifie the use of such violent Means before the Divine Justice I leave to their Consciences to judg who have already felt the misery of the Means but not reaped the benefit of the End either in this Kingdom or that Such knots and crosness of grain being objected here as will hardly suffer that Form which they cry up as the only just Reformation and setling of Government and Discipline in Churches to go on so smoothly here as it might do in Scotland and was by them imagined would have done in England when so many of the English Clergy through levity or discontent if no worse Passion suddenly quitted their former engagements to Episcopacy and faced about to their Presbytery It cannot but seem either Passion or some Self-seeking more than true Zeal and pious Discretion for any foreign State or Church to prescribe such medicines only for others which themselves have used rather successfully than commendably not considering that the same Physick on different constitutions will have different operations that may kill one which doth but cure another Nor do I know any such tough and malignant Humours in the constitution of the English Church which gentler applications than those of an Army might not easily have removed Nor is it so proper to hew out
uniting of the Powers of both Kingdoms it may be done after the Peace establisht we desire your Lordships to consider that it is demanded by us in order to a Peace and a chief and most necessary means for the attaining and establishing of it And we further observe that your Lordships have given us no Answer at all to our 15 th Proposition which we do likewise insist upon and desire your Answer The King's Commissioners Answer 17. February IF your Lordships had punctually or in any degree satisfied us in what we desired to know concerning the Powers of the Commissioners of both Kingdoms and the other particulars mentioned by us we had not troubled your Lordships with so many Questions to most of which we could receive no other Answers than the referring us to the Propositions themselves upon which we grounded our Questions And we conceive that your Lordships Propositions upon the Militia upon which you still insist have in truth appeared upon Debate to be most unreasonable in many particulars As that the Persons to be entrusted with the Militia should be nominated only by the two Houses and that His Majesty who is equally to be secured that the Peace should not be broken should name none that the Power given to the Commissioners shall be framed and altered as occasion serves by the two Houses only and that His Majesty who is so much concerned therein shall have no Negative Voice as to such Powers but is absolutely excluded and that the Time should be unlimited so that His Majesty for Himself and His Posterity should for ever part with their peculiar Regal Power of being able to resist their Enemies or protect their good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace and in no time to come His Majesty or His Posterity should have power to assist their Allies with any supplies of Men though Voluntiers or ever more to have any Jurisdiction over Their own Navy or Fleet at Sea and so consequently must lose all estimation and confidence with Foreign Princes And many other expressions in the said Propositions do either signifie what we find your Lordships do not expect or intend or at least are so doubtful that the clear sense thereof is not evident to all understandings As by the literal sense of your Propositions neither the Sheriffs of Counties nor Justices of Peace and other Legal Ministers may raise Forces by the Posse Comitatus or otherwise to suppress Riots and remove forcible Entries or to perform the other necessary Duties of their places without out being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publick Peace as likewise all Civil Actions and Differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we believe your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that is a reasonable and full Security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof and that the memory of these unhappy Distractions may be forgotten as soon as may be that the time of this settlement may be limited to three years which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People and that the Fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present Union and Reconciliation may be deferred till after the Peace established to be settled by His Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordships shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the sixth of February for the agreement of the Commissioners between your Lordships and us to be equal we shall gladly receive any more equal way from your Lordships since it is apparent that that already proposed by your Lordships and which you insist upon in terminis is not fit to be consented to for the Quiet and Peace of the Kingdom presuming that you will think the Security ought to be mutual as the Fears and Jealousies are mutual And we are most confident that His Majesty so much desires to give all reasonable and fit security on His part that the Agreement and Peace to be now made shall be inviolably observed That as He will name no Man for this great Trust against whom there can be just Exception if the Persons are named equally between Him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms might have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the Reason we consent not to your Propositions is because we conceive them destructive to the End for which they are proposed Justice Peace and Unity and not that we deny to consent to any reasonable Security for observance of the Agreement to be made of which we will always be most tender with regard to all persons concerned This was the last Paper delivered in the last of the six Days touching the Militia but that being taken up again in some part of the two last days of the Treaty as those of Religion and Ireland also were their Commissioners upon the breaking up of the Treaty about two of the clock in the Morning after the 22. of February gave in a Paper intended for an Answer to this Paper which nevertheless relates to the Paper here next following delivered by them the 21 st of February mentioning a limitation of time for seven years and for that cause is herein set down after that Paper and as their last of that Subject And the Papers upon that Subject delivered in the mean time in the two last days are these following Their Paper 21. Feb. VVHereas your Lordships have in several Papers much insisted That the Commissioners mentioned in the 17 th Proposition should be for a limited Time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the Time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the Time for the said Commissioners to be for seven years from the time of the passing the Act for the Militia and that after the expiration of such term the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by