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
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
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or Places respectively and what and how much of the same is in possession and the true yearly Value thereof and what and how much thereof is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and particular Survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and Writings whatsoever belonging unto all or any the Persons Dignities Churches Corporations Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other Premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the several Churches and Chappels are supplied by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to hear and determine all matters concerning such Accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise Saving to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick and Corporate whose Offices Functions and Authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed and all Duties and Profits whatsoever which they or any of them have or may claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of
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
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
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
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
Himself by perfection for He did not proudly scoff at but gently laboured to mend the defects of His Subjects When Doctor Hammond had in some degree lost the Manage of His Voice His Majesty shewed him his Infirmity and taught him to amend it which that Excellent Person often mentioned as an instance of a Gracious Condescension of Majesty When Noble Youths came to take their leaves of Him before they went to foreign travel He would not let them go without His Instructions of which this was one My Lord Keep always the best Company and be sure never to be Idle Thus He would confer the Vertues as well as the Titles of Nobility He laboured to keep them as Majesty had made them and that that blood might not be tainted in them which was honoured in their Ancestors Nor did He desire that they should be otherwise than He directed as Tyrants and weak Princes will commend those Vertues which they are afraid of for they dread or envy their Subjects Parts and Abilities Aristotle observes that a Tyrant cares not to hear his Vassals speak any thing that is either Grave or Generous and it is reckoned among the Usurpations of such Monsters that they would have the opinion to be the Only Wise and Gallant Plato indangered his Life when he conversed with the Sicilian Tyrant because he was thought to understand more than his Host It was observed of Cromwell by one of his confident Teachers that in the time of his Tyranny he loved no man that spoke Sense and had several Artifices to disparage it among his Slaves that attended him and he would highly extol those Pulpit-Speakers that had most Canting and least Reason But the King thought it the Honour of Principality to rule over Excellent Persons and affected to be Great only by being Better and to raise their Spirits would stoop with His own Of these He always chose the most accomplished that He knew to be His Ministers of State and closest Confidents for as the fortune of Princes stands in need of many Friends which are the surest supports of Empire so He would always seek the Best and those He thought fittest for His Employments which a bad or weak King would hate or fear Therefore He had always the finest Pens and ablest Heads in His Cause and Persons likewise of Integrity in His Service for the Archbishop and Earl of Strafford that were clamoured against as the greatest Criminals were not guilty enough even by those accusations which they were loaded with and yet not proved to receive the Censure of the Law but were to be condemned in an unaccustomed way of spilling English blood When some discovered their Abilities even by opposing His Counsels He preferr'd the Publick Benefit which might be by their Endowments to His private Injuries He would either buy them off to His Service by some Place of Trust or win them to His Friendship unless He saw them to be such whose Natures were corrupted by their Designs for He had a most excellent Sagacity in discerning the Spirits of men or they were such who polluted their parts by prostituting Religion to some base ends the injuries of which He could never neglect and such He neither conceived Honourable in a Court nor hoped they would ever be faithful and quiet in a Community Among these Purchaces were reckoned the Lord Lieutenant of Ireland the Lord Falkland and others now living whose Perfections honoured His Judgment and justified His Choice He had no Favorite as a Minister of Pleasures to gratifie whose Lusts and Vanities He might be sollicited to do things contrary to the benefit of the Community but all were Instruments of Government and must be able to serve the Publick whom He took to serve Himself For no Prince was ever more affectionate of His People than He was nor did He think His Interest separate from theirs Those nice distinctions and cautious limits of Prerogative and Liberty which the Faction invented to enjealous the People with were all indistinctly comprised by Him in an Uniform and Constant care of a just Government none dared to advise Him to attempt at a power His Predecessors had parted with or the Laws had concluded Him from For He told the Lords when He purged the Earl of Strafford from the Accusation of Sir Henry Vane that He had advised His Majesty to make use of some Irish to reduce this Kingdom on which though it had but a single and various testimony the Faction built their Practices against His Life I think no body durst ever be so impudent as to move Me to it for if they had I should have made them such an Example and put such a mark upon them that all Posterity should know my Intentions by it For my Intention was ever to govern by the Law and not otherwise He thought He could not be happy unless His People were so as we found our selves miserable when He was not prosperous Therefore He parted with so much of His Prerogative to buy our Peace and purchase our Content He sought their Love by affecting them the only way of gaining it because that Passion only is free and impatient of Command Nor was He ever more pleased than in the enjoyment of it When His Third Parliament granted five Subsidies and it was told Him that there was not One Voice dissenting it is said He wept for joy and it had been happy for the People if the King had always had such cause of Tears and His Eyes had been always wet with the same Contests for Liberty could never have been more unseasonable than under this Prince for He never denied His Subjects the removal of any just Grievance yea He parted sometimes through their own importunity deluded by the Faction with that which should have kept them Free And when He made such Concessions which tended to the prejudice of those that desired it He would say to some about Him that He would never have granted these things but that He hoped they would see the Inconvenience of that Power which they begg'd from Him yet themselves could not manage and return it to its proper place before it became their Ruine He was far from the ambition of Ill Princes to seek an unlimited Power but He thought it the Office of the best Sovereign to set bounds to Liberty He despised His Life if it were to be bought by the Misery of the Nation and therefore rejected the Propositions of the Army as the Conditions of His Safety when tendred to Him the day before His Murther because they would inslave the People Neither would He expose particular persons to an evident and inevitable danger though it were to secure Himself for when my Lord Newburgh and his Noble Lady at whose house in Bagshot He did stay as He was removed from Carisbrook to Windsor proposed to Him a way to escape from that bloody Guard that hurried Him to the Slaughter He rejected it saying If I
though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
you will I stand more for their Liberties For if Power without Law may make Laws may alter the Fundamental Laws of the Kingdom I do not know what Subject he is in England that can be sure of his Life or any thing that he calls his own Therefore when that I came here I did expect particular Reasons to know by what Law what Authority you did proceed against Me here and therefore I am a little to seek what to say to you in this particular because the Affirmative is to be proved the Negative often is very hard to do But since I cannot perswade you to do it I shall tell you My Reasons as short as I can My Reasons why in Conscience and the Duty I owe to God first and My People next for the preservation of their Lives Liberties and Estates I conceive I cannot answer this till I be satisfied of the Legality of it All proceedings against any man whatsoever Bradshaw Sir I must interrupt you which I would not do but that what you do is not agreeable to the proceedings of any Court of Justice You are about to enter into Argument and Dispute concerning the Authority of this Court before whom you appear as a Prisoner and are charged as an high Delinquent If you take upon you to dispute the Authority of the Court we may not do it nor will any Court give way unto it you are to submit unto it you are to give a punctual and direct Answer whether you will answer your Charge or no and what you Answer is KING Sir by your favour I do not know the Forms of Law I do know Law and Reason though I am no Lawyer profess'd but I know as much Law as any Gentleman in England and therefore under favour I do plead for the Liberties of the People of England more than you do and therefore if I should impose a belief upon any man without Reasons given for it it were unreasonable but I must tell you that that Reason that I have as thus informed I cannot yield unto it Bradshaw Sir I must interrupt you you may not be permitted You speak of Law and Reason it is fit there should be Law and Reason and there is both against you Sir the Vote of the Commons of England assembled in Parliament it is the Reason of the Kingdom and they are these too that have given that Law according to which you should have ruled and reigned Sir you are not to dispute our Authority you are told it again by the Court Sir it will be taken notice of that you stand in contempt of the Court and your Contempt will be recorded accordingly KING I do not know how a King can be a Delinquent but by any Law that ever I heard of all men Delinquents or what you will let Me tell you they may put in Demurrers against any proceeding as Legal and I do demand that and demand to be heard with My Reasons If you deny that you deny Reason Bradshaw Sir you have offered something to the Court I shall speak something unto you the sense of the Court. Sir neither you nor any man are permitted to dispute that point you are concluded you may not demurr to the Jurisdiction of the Court if you do I must let you know that they over-rule your Demurrer They sit here by the Authority of the Commons of England and all your Predecessors and you are responsible to them KING I deny that shew Me one Precedent Bradshaw Sir you ought not to interrupt while the Court is speaking to you This point is not to be debated by you neither will the Court permit you to do it If you offer it by way of Demurrer to the Jurisdiction of the Court they have considered of their Jurisdiction they do affirm their own Jurisdiction KING I say Sir by your favour that the Commons of England was never a Court of Judicature I would know how they came to be so Bradshaw Sir you are not to be permitted to go on in that speech and these discourses Then the Clerk of the Court read Charles Stuart King of England you have been accused on the behalf of the People of England of High Treason and other High Crimes the Court have determined that you ought to answer the same KING I will answer the same so soon as I know by what Authority you do this Bradshaw If this be all that you will say then Gentlemen you that brought the Prisoner hither take charge of him back again KING I do require that I may give in My Reasons why I do not answer and give Me time for that Bradshaw Sir 't is not for Prisoners to require KING Prisoners Sir I am not an ordinary Prisoner Bradshaw The Court hath considered of their Jurisdiction and they have already affirmed their Jurisdiction If you will not answer we shall give order to record your Default KING You never heard My Reasons yet Bradshaw Sir your Reasons are not to be heard against the Highest Jurisdiction KING Shew Me that Jurisdiction where Reason is not to be heard Bradshaw Sir we shew it you here the Commons of England and the next time you are brought you will know more of the pleasure of the Court and it may be their final Determination KING Shew Me where ever the House of Commons was a Court of Judicature of that kind Bradshaw Serjeant take away the Prisoner KING Well Sir remember that the King is not suffered to give in His Reasons for the Liberty and Freedom of all His Subjects Bradshaw Sir you are not to have liberty to use this language How great a Friend you have been to the Laws and Liberties of the People let all England and the World judge KING Sir under favour it was the Liberty Freedom and Laws of the Subject that ever I took defended My self with Arms I never took up Armes against the People but for the Laws Bradshaw The Command of the Court must be obeyed No Answer will be given to the Charge KING Well Sir Then Bradshaw ordered the Default to be recorded and the Contempt of the Court and that no Answer would be given to the Charge The King was guarded forth to Sir Robert Cotton's house The Court adjourned to the Painted Chamber on Tuesday at twelve of Clock and from thence they intend to adjourn to Westminster-Hall at which time all persons concerned are to give their attendance His Majesty not being suffered to deliver His Reasons against the Jurisdiction of their pretended Court by word of mouth thought fit to leave them in writing to the more impartial judgment of Posterity as followeth HAving already made My Protestations not only against the Illegality of this pretended Court but also That no Earthly Power can justly call Me who am your King in question as a Delinquent I would not any more open My mouth upon this occasion more than to referr My self to what I have spoken were I in this Case alone
Court Your Lordship was pleased to give him a further day to consider and to put in his Answer which day being yesterday I did humbly move that he might be required to give a direct and positive Answer either by denying or confession of it But my Lord he was then pleased for to demur to the Jurisdiction of the Court which the Court did then over-rule and command him to give a direct and positive Answer My Lord besides this great delay of Justice I shall now humbly move your Lordship for speedy Judgment against him My Lord I might press your Lordship upon the whole that according to the known rules of the Law of the Land That if a Prisoner shall stand as contumacious in contempt and shall not put in an issuable Plea guilty or not guilty of the Charge given against him whereby he may come to a fair Tryal that as by an implicite confession it may be taken pro confesso as it hath been done to those who have deserved more favour than the Prisoner at the Bar has done But besides my Lord I shall humbly press your Lordship upon the whole fact The House of Commons the Supreme Authority and Jurisdiction of the Kingdom they have declared That it is notorious that the matter of the Charge is true as it is in truth my Lord as clear as Crystal and as the Sun that shines at noon day which if your Lordship and the Court be not satisfied in I have notwithstanding on the People of England's behalf several Witnesses to produce And therefore I do humbly pray and yet I must confess it is not so much I as the innocent blood that hath been shed the Cry whereof is very great for Justice and Judgment and therefore I do humbly pray that speedy Judgment be pronounced against the Prisoner at the Bar. Bradshaw went on in the same strain Sir you have heard what is moved by the Counsel on the behalf of the Kingdom against you Sir you may well remember and if you do not the Court cannot forget what dilatory dealings the Court hath found at your hands You were pleased to propound some Questions you have had your Resolution upon them You were told over and over again that the Court did affirm their own Jurisdiction That it was not for you nor any other man to dispute the Jurisdiction of the supreme and highest Authority of England from which there is no Appeal and touching which there must be no dispute yet you did persist in such carriage as you gave no manner of Obedience nor did you acknowledge any authority in them nor the High Court that constituted this Court of Justice Sir I must let you know from the Court that they are very sensible of these delays of yours and that they ought not being thus authorized by the supreme Court of England to be thus trifled withal and that they might in Justice if they pleased and according to the rules of Justice take advantage of these delays and proceed to pronounce Judgment against you yet nevertheless they are pleased to give direction and on their behalfs I do require you that you make a positive Answer unto this Charge that is against you Sir in plain terms for Justice knows no respect of Persons you are to give your positive and final Answer in plain English whether you be guilty or not guilty of these Treasons laid to your Charge The King after a little pause said When I was here yesterday I did desire to speak for the Liberties of the People of England I was interrupted I desire to know yet whether I may speak freely or not Bradshaw Sir you have had the Resolution of the Court upon the like Question the last day and you were told That having such a Charge of so high a nature against you your work was that you ought to acknowledge the Jurisdiction of the Court and to answer to your Charge Sir if you answer to your Charge which the Court gives you leave now to do though they might have taken the advantage of your Contempt yet if you be able to answer to your Charge when you have once answered you shall be heard at large make the best Defence you can But Sir I must let you know from the Court as their Commands that you are not to be permitted to issue out into any other discourses till such time as you have given a positive Answer concerning the matter that is charged upon you KING For the Charge I value it not a rush It is the Liberty of the People of England that I stand for For Me to acknowledge a new Court that I never heard of before I that am your King that should be an Example to all the People of England for to uphold Justice to maintain the old Laws indeed I do not know how to do it You spoke very well the first day that I came here on Saturday of the Obligations that I had laid upon Me by God to the maintenance of the Liberties of My People the same Obligation you spake of I do acknowledge to God that I owe to Him and to My People to defend as much as in Me lies the ancient Laws of the Kingdom therefore until that I may know that this is not against the Fundamental Laws of the Kingdom by your favour I can put in no particular Charge If you will give Me time I will shew you My Reasons why I cannot do it and this Here being interrupted He said By your favour you ought not to interrupt Me. How I came here I know not there 's no Law for it to make your King your Prisoner I was in a Treaty upon the Publick Faith of the Kingdom that was the known two Houses of Parliament that was the Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Bradshaw Sir you must know the pleasure of the Court. KING By your favour Sir Bradshaw Nay Sir by your favour you may not be permitted to fall into those discourses you appear as a Delinquent you have not acknowledged the Authority of the Court The Court craves it not of you but once more they command you to give your positive Answer Clerk Do your Duty KING Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of Confession or Denial of the Charge KING Sir I say again to you so that I might give satisfaction to the People of England of the clearness of My Proceeding not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to Me I would do it but to acknowledge a new Court against their
Privileges to alter the Fundamental Laws of the Kingdom Sir you must excuse Me. Bradshaw Sir this is the third time that you have publickly disown'd this Court and put an Affront upon it How far you have preserv'd the Privileges of the People your Actions have spoke it but truly Sir mens Intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom But Sir you understand the pleasure of the Court. Clerk record the Default And Gentlemen you that took charge of the Prisoner take him back again KING I will only say this one word more to you If it were only My own particular I would not say any more nor interrupt you Bradshaw Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with the Guard And Proclamation was made That all persons which had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by ten of the Clock next morning Cryer God bless the Kingdom of England Westminster-Hall Saturday Jan. 27. Afternoon TWo or three dayes being spent in a formal Examination of Witnesses and preparing themselves for the last scene of this Mock-shew at length on Saturday the twenty seventh of January Bradshaw in his Scarlet Robes appeared in the Hall and Sixty seven others answered to their Names As the King came in in His wonted posture with his Hat on and passed toward them some few Souldiers began a clamour for Justice Justice and Execution O yes made and Silence commanded the Captain of their Guard ordered to take into Custody such as made any disturbance His Majesty began I desire a word to be heard a little and I hope I shall give no occasion of interruption Bradshaw saucily answered You may answer in your time hear the Court first His Majesty patiently replied If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word A sudden Judgment Bradshaw Sir you shall be heard in due time but you are to hear the Court first KING Sir I desire it it will be in order to what I believe the Court will say and therefore Sir A hasty Judgment is not so soon recalled Bradshaw Sir you shall be heard before the Judgment be given and in the mean time you may forbear KING Well Sir shall I be heard before the Judgment be given Bradshaw Gentlemen it is well known to all or most of you here present that the Prisoner at the Bar hath been several times convented and brought before this Court to make Answer to a Charge of Treason and other high Crimes exhibited against him in the name of the People of England To which Charge being required to answer he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer Reasoning and Debate unto the Authority of the Court and to the highest Court that appointed them to try and judge him But being over-ruled in that and required to make his Answer he was still pleased to continue Contumacious and to refuse to submit to Answer Hereupon the Court that they might not be wanting to themselves nor the Trust reposed in them nor that any man's wilfulness prevent Justice they have thought fit to take the matter into their consideration they have considered of the Charge they have considered of the Contumacy and of that Confession which in Law doth arise upon that Contumacy they have likewise considered of the Notoriety of the Fact charged upon this Prisoner and upon the whole matter they are resolved and are agreed upon a Sentence to be pronounced against this Prisoner But in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him Yet Sir thus much I must tell you beforehand which you have been minded of at other Courts That if that which you have to say be to offer any debate concerning the Jurisdiction you are not to be heard in it You have offered it formerly and you have struck at the Root that is the Power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed it is an irrational thing in them to do being a Court that acts upon Authority derived from them But Sir if you have any thing to say in defence of your self concerning the matter charged the Court hath given me in command to let you know they will hear you KING Since I see that you will not hear any thing of Debate concerning that which I confess I though most material for the Peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it But only I must tell you that this many-a day all things have been taken away from Me but that that I call dearer to Me than My Life which is My Conscience and My Honor And if I had a respect to My Life more than the Peace of the Kingdom and the Liberty of the Subject certainly I should have made a particular Defence for My Self for by that at leastwise I might have delayed an ugly Sentence which I believe will pass upon Me. Therefore certainly Sir as a man that hath some understanding some knowledge of the World if that My true Zeal to My Countrey had not overborn the care that I have for My own Preservation I should have gone another way to work than that I have done Now Sir I conceive that an hasty Sentence once past may sooner be repented of than recalled and truly the self-same desire that I have for the Peace of the Kingdom and the Liberty of the Subject more than my own particular Ends makes Me now at last desire That I having something to say that concerns both I desire before Sentence be given that I may be heard in the Painted Chamber before the Lords and Commons This Delay cannot be prejudicial unto you whatsoever I say If that I say no Reason those that hear Me must be Judges I cannot be Judge of that that I * have If it be Reason and really for the welfare of the Kingdom and the Liberty of the Subject I am sure on it it is very well worth the hearing Therefore I do conjure you as you love that that you pretend I hope it is real the Liberty of the Subject the Peace of the Kingdom that you will grant me this hearing before any Sentence be past I only desire this That you will take this into your Consideration it may be you have not heard of it before-hand If you will I will retire and you may think of
it but if I cannot get this Liberty I do protest That these fair shews of Liberty and Peace are pure shews and that you will not hear your King Bradshaw Sir you have now spoken KING Yes Sir Bradshaw And this that you have said is a further declining of the Jurisdiction of this Court which was the thing wherein you were limited before KING Pray excuse Me Sir for My interruption because you mistake Me. It is not a declining of it you do judge Me before you hear Me speak I say it will not I do not decline it though I cannot acknowledge the Jurisdiction of the Court yet Sir in this give Me leave to say I would do it though I did not acknowledge it in this I do protest it is not the declining of it since I say if that I do say any thing but that that is for the Peace of the Kingdom and the Liberty of the Subject then the shame is Mine Now I desire that you will take this into your Consideration if you will I will withdraw Bradshaw Sir this is not altogether new that you have moved unto us not altogether new to us though the first time in person you have offered it to the Court. Sir you say you do not decline the Jurisdiction of the Court. KING Not in this that I have said Bradshaw I understand you well Sir but nevertheless that which you have offered seems to be contrary to that saying of yours for the Court are ready to give a Sentence It is not as you say That they will not hear their King for they have been ready to hear you they have patiently waited your pleasure for three Courts together to hear what you would say to the Peoples Charge against you to which you have not vouchsafed to give any Answer at all Sir this tends to a further Delay Truly Sir such Delays as these neither may the Kingdom nor Justice well bear You have had three several days to have offered in this kind what you would have pleased This Court is founded upon that Authority of the Commons of England in whom rests the Supreme Jurisdiction That which you now tender is to have another Jurisdiction and a co-ordinate Jurisdiction I know very well you express your self Sir That notwithstanding that you would offer to the Lords and Commons in the Painted Chamber yet nevertheless you would proceed on here I did hear you say so But Sir that you would offer there whatever it is must needs be in delay of the Justice here so as if this Court be resolved and prepared for the Sentence this that you offer they are not bound to grant But Sir according to that you seem to desire and because you shall know the further pleasure of the Court upon that which you have moved the Court will withdraw for a time This he did to prevent the disturbance of their Scene by one of their own Members Colonel John Downes who could not stifle the reluctance of his Conscience when he saw his Majesty press so earnestly for a short hearing but declaring himself unsatisfied forced them to yield to the King's Request KING Shall I withdraw Bradshaw Sir You shall know the pleasure of the Court presently The Court withdraws for half an hour into the Court of Wards Serjeant at Arms. The Court gives command that the Prisoner be withdrawn and they give order for his return again Then withdrawing into the Chamber of the Court of Wards their business was not to consider of his Majesties desire but to Chide Downes and with reproaches and threats to harden him to go through the remainder of their Villany with them Which done they return and being sate Bradshaw commanded Serjeant at Armes send for your Prisoner Who being come Bradshaw proceeded Sir you were pleased to make a motion here to the Court to offer a desire of yours touching the propounding of somewhat to the Lords and Commons in the Painted Chamber for the Peace of the Kingdom Sir you did in effect receive an Answer before the Court adjourned truly Sir their withdrawing and adjournment was pro forma tantùm for it did not seem to them that there was any difficulty in the thing They have considered of what you have moved and have considered of their own Authority which is founded as hath been often said upon the supreme Authority of the Commons of England assembled in Parliament the Court acts accordingly to their Commission Sir the return I have to you from the Court is this That they have been too much delayed by you already and this that you now offer hath occasioned some little further Delay and they are Judges appointed by the highest Authority and Judges are no more to delay than they are to deny Justice they are good words in the Great old Charter of England Nulli negabimus nulli vendemus nulli deferemus Justitiam there must be no delay But the truth is Sir and so every man here observes it that you have much delayed them in your Contempt and Default for which they might long since have proceeded to Judgment against you and notwithstanding what you have offered they are resolved to proceed to Sentence and to Judgment and that is their unanimous Resolution KING Sir I know it is in vain for Me to dispute I am no Sceptick for to deny the Power that you have I know that you have Power enough Sir I must confess I think it would have been for the Kingdoms Peace if you would have taken the pains for to have shewn the Lawfulness of your Power For this Delay that I have desired I confess it is a Delay but it is a Delay very important for the Peace of the Kingdom for it is not My Person that I look at alone it is the Kingdoms Welfare and the Kingdoms Peace It is an old Sentence That we should think on long before we resolve of great matters suddenly Therefore Sir I do say again that I do put at your doors all the inconveniency of a hasty Sentence I confess I have been here now I think this Week this day eight dayes was the day I came here first but a little Delay of a day or two further may give Peace whereas a hasty Judgment may bring on that Trouble and perpetual Inconveniency to the Kingdom that the Child that is unborn may repent it And therefore again out of the Duty I owe to God and to My Country I do desire that I may be heard by the Lords and Commons in the Painted Chamber or any other Chamber that you will appoint Me. Bradshaw You have been already answered to what you even now moved being the same you moved before since the Resolution and the Judgment of the Court in it And the Court now requires to know whether you have any more to say for your self than you have said before they proceed to Sentence KING I say this Sir That if you hear Me if you will give
wish that they may repent for indeed they have committed a great Sin in that particular I pray God with Saint Stephen that this be not laid to their charge Nay not only so but that they may take the right way to the Peace of the Kingdom For My Charity commands me not only to forgive particular men but My Charity commands Me to endeavour to the last gasp the Peace of the Kingdom So Sirs I do wish with all My Soul and I do hope there is some here will carry it further that they may endeavour the Peace of the Kingdom Now Sirs I must shew you both how you are out of the way and will put you in a way First you are out of the way For certainly all the way you ever have had yet as I could find by any thing is in the way of Conquest Certainly this is an ill way For Conquest Sir in My opinion is never just except there be a good just Cause either for matter of Wrong or just Title and then if you go beyond it the first quarrel that you have to it that makes it unjust at the end that was just at the first But if it be only matter of Conquest then it is a great Robbery as a Pirate said to Alexander that He was the great Robber he was but a petty Robber And so Sir I do think the way that you are in is much out of the way Now Sir for to put you in the way believe it you will never do right nor God will never prosper you until you give God his Due the King his Due that is My Successors and the People their Due I am as much for them as any of you You must give God his due by regulating rightly his Church according to his Scripture which is now out of order For to set you in a way particularly now I cannot but only this A National Synod freely called freely debating among themselves must settle this when that every Opinion is freely and clearly heard For the King indeed I will not Then turning to a Gentleman that touched the Axe He said Hurt not the Axe that may hurt Me. For the King the Laws of the Land will clearly instruct you for that therefore because it concerns My Own particular I only give you a touch of it For the People And truly I desire their Liberty and Freedom as much as any body whomsoever but I must tell you that their Liberty and Freedom consists in having of Government those Laws by which their Life and their Goods may be most their own It is not for having share in Government Sir that is nothing pertaining to them a Subject and a Soveraign are clear different things And therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves Sirs It was for this that now I am come here If I would have given way to an Arbitrary way for to have all Laws changed according to the power of the Sword I needed not to have come here and therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People In troth Sirs I shall not hold you much longer for I will only say this to you That in truth I could have desired some little time longer because that I would have put this that I have said in a little more order and a little better digested than I have done and therefore I hope you will excuse Me. I have delivered My Conscience I pray God that you do take those courses that are best for the good of the Kingdom and your own Salvation Then the Bishop said Though it be very well known what Your Majesty's affections are to the Protestant Religion yet it may be expected that You should say somewhat for the Worlds satisfaction in that particular Whereupon the King replied I thank you very heartily My Lord for that I had almost forgotten it In troth Sirs My Conscience in Religion I think is very well known to all the World and therefore I declare before you all That I die a Christian according to the Profession of the Church of England as I found it left Me by My Father and this honest man I think will witness it Then turning to the Officers he said Sirs Excuse Me for this same I have a good Cause and I have a gracious God I will say no more Then to Colonel Hacker He said Take care that they do not put Me to pain And Sir this and it please you But a Gentleman coming near the Axe the King said Take heed of the Axe pray take heed of the Axe And to the Executioner He said I shall say but very short Prayers and when I thrust out My hands Then He called to the Bishop for His Cap and having put it on asked the Executioner Does My Hair trouble you Who desired Him to put it all under His Cap which as he was doing by the help of the Bishop and the Executioner He turned to the Bishop and said I have a good Cause and a gracious God on My side The Bishop said There is but one Stage more which though turbulent and troublesome yet is a very short one You may consider it will soon carry You a very great way it will carry You from Earth to Heaven and there You shall find to Your great joy the prize You hasten to a Crown of Glory The King adjoyns I go from a corruptible to an incorruptible Crown where no disturbance can be no disturbance in the world Bishop You are exchanged from a Temporal to an Eternal Crown A good Exchange Then the King asked the Executioner Is My Hair well And taking off His Cloak and George He delivered His George to the Bishop saying Remember Then putting off His Doublet and being in His Wast-coat He put on His Cloak again and looking upon the Block said to the Executioner You must set it fast Execut. It is fast Sir KING It might have been a little higher Execut. It can be no higher Sir KING When I put out My hands this way then Then having said a few words to Himself as He stood with hands and eyes lift up immediately stooping down He laid His Neck upon the Block and the Executioner again putting His Hair under His Cap His Majesty thinking he had been going to strike bad him Stay for the Sign Execut. Yes I will and it please Your Majesty After a very short pause His Majesty stretching forth his hands the Executioner at one blow severed His Head from His Body Which being held up and shewed to the People was with His Body put into a Coffin covered with black Velvet and carried into His Lodging His Blood was taken up by divers persons for different ends by some as Trophies of their Villany by others as Reliques of a Martyr and in some hath had the
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
had broke any Priviledge or that the casual breaking of Priviledge could have produced such prodigious Distempers But We were no sooner advertised where Our mistaking was but without recrimination or complaining of the Injuries against Our Self We sent to both Houses on the twelfth and fourteenth of January by Message That in Our proceeding against those Persons We had not the least Intention of violating their Priviledges which We would be willing to assert by any reasonable way We should be advised That We would wave Our former proceedings againsts them and when the minds of Men should be composed would proceed in an unquestionable way in the mean time desired all jealousies might be laid aside and application be made to the publick and pressing Affairs especially to those of Ireland which cried for the utmost of Our Assistance But it concerned those Persons by no means to suffer such a Composition if these Fears and Jealousies were not kept up and inflamed in the People and the Distractions heightned they knew they should not only be disappointed of the Places Offices Honours and Employments they had promised themselves but be exposed to the Justice of the Law and just Hatred of all good Men. Therefore the business of both Kingdoms was not considerable to the Interests of the Six Members who would be thought the Pillars both of Church and State They had now found a danger nearer hand than Ireland and an Army raised by Us in one night at Kingston upon Thames and upon some extravagant Information pretended to be given to a Committee though some of their pretended Witnesses publickly in the House disavowed any such Testimony they procured an Order to be framed and though before the publishing of it they had full and clear evidence to the contrary by Persons come immediately from the place and testifying it to be most quiet and peaceable they yet had power to procure that Order to be published on the thirteenth of January the next day after they had received so gracious a Message from Us declaring that the Lord Digby and Colonel Lunsford the former of which was in the Town only with a Coach and six Horses the other only attended by his Servant and hath been since earnestly pressed by the Serjeant of the House of Commons in whose custody he was to accuse the Lord Digby with promises that thereby himself should be discharged had gathered Troops of Horse and appeared in a warlike manner at Kingston upon Thames being within a Mile of Our Court to the terror and affrightment of Our good Subjects and to the disturbance of the publick weal of the Kingdom and therefore it was ordered That the Sheriff and Justices of the Peace should with the Assistance of the Train-Bands suppress such Assemblies c. And this way they found out to draw that County to affront Us and sent multitudes of mean people under pretence of petitioning Us to shew Us how unsecure Our Residence was like to be there too and so in a short time compelled Us Our Royal Consort and Our Children to remove to Our Castle at Windsor They proceed then by a Close Committee a thing scarce heard of till this Parliament and of dangerous consequence to the fame and reputation of all Men to examine such mean unknown persons as they had by Threats and Promises solicited to that purpose concerning the circumstances of Our coming to the House exhibiting bold and malicious Interrogatories and Questions concerning Our Self and upon such wild Informations of desperate persons contrary to the known truth and concealing other Examinations which they had taken and by which the contrary to what they would have the People believe would have appeared particularly that very full Examination of Captain Ashley wherein Our publick and peremptory Commands against all manner of Violence though provoked are sufficiently manifested they procured an infamous Declaration to be published by the House of Commons for the House of Peers could not be yet prevailed with to joyn in those Extravagancies on the seventeenth of January mentioning Our coming to the House and some rude expressions of some persons who if there were any such persons there We are most confident they were not of Our Train and would infer from some Mens calling for the Word at Our coming out of the House which is a form used in Our Court that those of Our Train who are before may know when and whither they are to go that We had a purpose to have fallen upon the House of Commons and to have cut all their Throats and do therefore declare That Our coming to the House was a traitorous Design against the King and Parliament That Our Proclamation issued out of the Apprehension of them was false scandalous and illegal That it was lawful for all Men to harbour them and that whosever did so should be under the Protection and Priviledge of Parliament with many other expressions of and aspersions upon Us which they hoped would render Us odious to Our good Subjects and force Us for Our safety to submit to such unreasonable Propositions which amongst themselves they had provided to be offered to Us or provoke Us to such Actions as might give them some advantage To keep the People in a continual Alarm and apprehension of Danger few days passed without some pretended Discovery by Sir Walter Earl or other quick-sighted Men of some Treason or Plot against the Parliament the City or the Kingdom and upon every light and impossible Information many of Our Subjects sent for out of several Counties who after chargeable attendance were dismissed without any reparation or reprehension One day the Tower of London is in danger to be taken and Information given That great Multitudes at least a hundred had that day resorted to visit a Priest then a Prisoner there by Order of the Lords and that at the time of the Information above fifty or threescore were then there and a Warder dispatched of purpose to give that notice upon enquiry but four Persons were then found to be there and but eight all that day who had visited that Priest Another day a Tailour in a Ditch in the open fields over-hears two Passengers to plot the death of Mr. Pym and of many other Members of both Houses then Libellous Letters found in the Streets without names probably contrived by themselves and by their Power published printed and entred in their Journals and Intimations given of the Papists training under ground and of notable provision of Ammunition in Houses where upon examination a single Sword and a Bow and Arrows are found a design of the Inhabitants of Covent-Garden to murther the City of London news from France Italy Spain and Denmark of Arms ready to come for England with infinite such ridiculous Discourses which are not only suffered and directed to be Printed but such countenance and credit given to them that thereupon Guards must be doubled Correspondencies and Letters interrupted and broken open even
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
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
the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the twentieth Proposition who will recommend none to be imployed by his Majesty in places of so great trust but such whose known Ability and Integrity shall make them worthy of them which must needs be best known to a Parliament nor are they to have any greater Power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of his Majesties consenting to such Acts as shall be presented unto him for raising Moneys and other necessaries from the Subject which is without any charge to himself for no other end but the settling of the true Protestant Religion in that Kingdom and reducing it to his Majesties Obedience for which we hold nothing too dear that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the War of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Laws of God and Man their Faith their Allegiance all bonds of Charity all rules of Humanity and humane Society who have Butchered so many thousands of Innocent Christians Men Women and Children whose Blood cries up to Heaven for Vengeance so many of his Majesties Subjects whose Lives he is bound to require at their hands that spilt them and to do Justice upon them to put away innocent Blood from himself his Posterity the whole Land these execrable Antichristian Rebels who have made a covenant with Hell to destroy the Gospel of Christ and have taken up Arms to destroy the Protestant Religion to set up Popery to rend away one of his Majesties Kingdoms and deliver it up into the hands of Strangers for which they have negotiations with Spain and other States a War which must prevent so much mischief do so much good offer up such an acceptable Sacrifice to the Great and Just God of Heaven who groans under so much Wickedness to lie so long unpunished a War which must reduce that Kingdom unto his Majesties Obedience the most glorious work that this Kingdom can undertake that the prosecution of such a War your Lordships should make to depend upon any other condition that the Distractions of these Kingdoms should be laid as an impediment unto it and that there should be any thought any thing which should give those Rebels hope of impunity if our Miseries continue whereas according to Christian reason and the ordinary course of God's Providence nothing can be more probable to continue our Miseries then the least connivence in this kind What can be said or imagined should be any inducement to it We hope not to make use of their help and assistance to strengthen any party here to bring over such Actors of barbarous Cruelties to exercise the same in these Kingdoms We desire your Lordships to consider these things and that nothing may remain with you which may hinder his Majesty from giving his Consent to all good means for the reducing of Ireland according to what is desired by us in our Propositions The King's Commissioners Reply to the two last Papers The King's Commissioners Paper 20. February WE are very sorry that our Answers formerly given to your Lordships in the business of the Cessation which was so necessary to be made and being made to be kept have not given your Lordships satisfaction and that your Lordships have not rather thought fit to make the reasonableness of your Propositions concerning Ireland appear to us or to make such as might be reasonable in the stead then by charging his Majesty with many particulars which highly reflect upon his Honour to compel us to mention many things in Answer to your Lordships Allegations which otherwise in a time of Treaty when we would rather endeavour to prevent future Inconveniences then to insist on past mistakes we desired to have omitted And we can no ways admit that when the Cessation was made in Ireland his Majesties Protestant Subjects there could have subsisted without that Cessation nor that the War can be maintained and prosecuted to the subduing the Rebels there so long as the War continues in this Kingdom which are the chief grounds laid for the Assertions in your Lordships first Paper delivered this day concerning the business of Ireland Neither can we conceive that your Lordships have alleged any thing that could in the least degree satisfie us that his Majesty had no Power to make that Cessation or had no Reason so to do considering as we have formerly said and do again insist upon it that by that Cessation which was not made till long after this Kingdom was embroiled in a miserable War the poor Protestants there who for want of Supplies from hence were ready to famish and be destroyed were preserved and that Kingdom kept from utter Ruin so far was it from being a design for their Destruction or for the advantage of the Popish bloody Rebels as is insinuated for it appears by the Letters of the Lords Justices of Ireland Sir William Parsons and Sir John Borlase and of the Council there of the fourth of April 1643. before that Cessation made directed to the Speaker of the House of Commons a Copy whereof we delivered to your Lordships though we presume you may have the Original That His Majesties Army and good Subjects there were in danger to be devoured for want of needful Supplies forth of England and that His Majesties Forces were of Necessity sent abroad to try what might be done for sustaining them in the Country to keep them alive until Supplies should get to them but that design failing those their hopes were converted into astonishment to behold the Miseries of the Officers and Souldiers for want of all things and all those Wants made unsupportable in the want of Food and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdom as that it would be extreme difficult to keep them there And in another part of that Letter for we shall not grieve you with mention of all their Complaints they expressed That they were expelling thence all Strangers and must instantly send away for England thousands of poor despoiled English whose very eating was then unsupportable to that place that their Confusions would not admit the writing of many more Letters if any for they had written divers others expressing their great Necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoidably suffer they did desire that then though it were almost at the point to be too late supplies of Victuals and Ammunition in present might be hastned thither to keep life until the rest might follow there being no Victual in the store nor a hundred Barrells of Powder a small proportion to defend
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
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
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
Miseries and the general Calamities of this Kingdom which must if this War continue speedily overwhelm this whole Nation take no Advantage of it But if you shall really pursue what you presented to Us at Colebrook We shall make good all that We then gave you in Answer to it whereby the hearts of Our distressed Subjects may be raised with the Hopes of Peace without which Religion the Laws and Liberties can no ways be settled and secured Touching the late and sad Accident you mention if you thereby intend that of Brainceford We desire you once to deal ingenuously with the People and to let them see Our last Message to you and Our Declaration to them concerning the same both which We sent to Our Press at London but were taken away from Our Messenger and not suffered to be published and then We doubt not but they will be soon undeceived and easily find out those Counsels which do rather perswade a desperate Division than a good Agreement betwixt Us Our two Houses and People MDCXLII III. The Proceedings in the late Treaty of Peace Together with several Letters of His MAJESTY to the Queen and of Prince Rupert to the Earl of Northampton which were intercepted and brought up to the Parliament With a Declaration of the Lords and Commons upon those Proceedings and Letters The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto His Majesty Feb. 1. 1642. WE Your Majesty's most humble and faithful Subjects the Lords and Commons in Parliament assembled having in our thoughts the Glory of God Your Majesty's Honour and the Prosperity of Your People and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your two Kingdoms of England and Ireland since Your Majesty hath by the perswasion of evil Counsellors withdrawn Your Self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Armes for the defence of our Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety which Fears and Dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earl of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great Forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of Your People much innocent blood hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous Design of rooting out the Reformed Religion and destroying the professors thereof in the tender sense and compassion of these evils under which Your People and Kingdom lie according to the duty which we owe to God Your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great Distempers and Distractions for the preventing of that Desolation which doth threaten all Your Majesties Dominions And as we have rendred and still are ready to render to Your Majesty that Subjection Obedience and Service which we owe unto You so we most humbly beseech Your Majesty to remove the Cause of this War and to vouchsafe us that Peace and Protection which we and our Ancestors have formerly enjoyed under Your Majesty and Your Royal Predecessors and graciously to accept and grant these most humble Desires and Propositions I. That Your Majesty will be pleased to disband Your Armies as we likewise shall be ready to disband all those Forces which we have raised and that You will be pleased to return to your Parliament II. That You will leave Delinquents to a Legal Trial and Judgement of Parliament III. That the Papists may not only be disbanded but disarmed according to Law IV. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away Superstitious Innovations to the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans and Chapters Archdeacons Canons and Prebendaries and all Chanters 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 to the Bill against Scandalous Ministers to the Bill against Pluralities and to the Bill for Consultation to be had with godly religious and learned Divines That Your Majesty will be pleased to promise to pass such other good Bills for settling of Church-Government as upon consultation with the Assembly of the said Divines shall be resolved on by both Houses of Parliament and by them be presented to your Majesty V. That Your Majesty having exprest in Your Answer to the Nineteen Propositions of both Houses of Parliament a hearty affection and Intentions for the rooting out of Popery out of this Kingdom and that if both the Houses of Parliament can yet find a more effectual course to disable Jesuits Priests and Popish Recusants from disturbing the State or eluding the Laws that You would willingly give Your Consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants that an Oath may be established by Act of Parliament to be administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy the doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refusing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction in Law of Recusancy And that Your Majesty will be graciously pleased to give Your Royal Assent unto a Bill for the Education of the Children of Papists by Protestants in the Protestant Religion That for the more effectual execution of the Laws against Popish Recusants Your Majesty would be pleased to consent to a Bill for the true levying of the Penalties against them and that the same Penalty may be levyed and disposed of in such manner as both Houses of Parliament shall agree on so as Your Majesty be at no loss and likewise to a Bill whereby the practice of Papists against the State may be prevented and the Laws against them duly executed VI. That the Earl of Bristol may be removed from Your Majesty's Counsels and that both he and the Lord Herbert eldest Son to the Earl of Worcester may likewise be restrained from coming within the verge of the Court and that they may not bear any Office or have any imployments concerning the State or Commonwealth VII That Your Majesty will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdom in such a manner as shall be agreed on by both Houses VIII That Your Majesty will be pleased
by Your Letters Patents to make Sir John Brampston Chief Justice of Your Court of Kings Bench William Lenthal Esquire the now Speaker of the Commons House Master of the Rolls and to continue the Lord Chief Justice Banks Chief Justice of the Court of Common Pleas and likewise to make Master Serjeant Wilde Chief Baron of Your Court of Exchequer and that Master Justice Bacon may be continued and Master Serjeant Rolls and Master Serjeant Atkins made Justices of the Kings Bench that Master Justice Reeves and Master Justice Foster may be continued and Master Serjeant Phesant made one of Your Justices of Your Court of Common Pleas that Master Serjeant Creswel Master Samuel Brown and Master John Puleston may be Barons of the Exchequer and that all these and all the Judges of the same Courts for the time to come may hold their places by Letters Patents under the great great Seal quamdiu se bene gesserint and that the several persons not before named that do hold any of these places before mentioned may be removed IX That all such persons as have been put out of the Commissions of Peace or Oyer and Terminer or from being Custodes Rotulorum since the first day of April 1642. other than such as were put out by desire of both or either of the Houses of Parliament may again be put into those Commissions and Offices and such that persons may be put out of those Commissions and Offices as shall be excepted against by both Houses of Parliament X. That Your Majesty will be pleased to pass the Bill now presented to Your Majesty to vindicate and secure the Privileges of Parliament from the ill consequence of the late Precedent in the Charge and Proceeding against the Lord Kimbolton now Earl of Manchester and the five Members of the House of Commons XI That Your Majesty's Royal Assent may be given unto such Acts as shall be advised by both Houses of Parliament for the satisfying and paying the Debts and Damages wherein the two Houses of Parliament have ingaged the Publick Faith of the Kingdom XII That Your Majesty will be pleased according to a Gracious Answer heretofore received from You to enter into a more strict Alliance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Popish and Jesuitical Faction to subvert and suppress it whereby Your Subjects may hope to be free from the mischiefs which this Kingdom hath endured through the power which some of that Party have had in Your Counsels and will be much encouraged in a Parliamentary way for Your Aid and Assistance in restoring Your Royal Sister and the Prince Elector to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XIII That in the General Pardon which Your Majesty hath been pleased to offer to Your Subjects all Offences and Misdemeanours committed before the tenth of January 1641. which have been or shall be questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted which offences and misdemeanours shall never the less be taken and adjudged to be fully discharged against all other inferiour Courts That likewise there shall be an exception of all Offences committed by any person or Persons which hath or have had any hand or practice in the Rebellion of Ireland which hath or have given any counsel assistance or encouragement to the Rebels there for the maintenance of that Rebellion as likewise an exception of William Earl of Newcastle and George Lord Digby XIV That Your Majesty will be pleased to restore such Members of either House of Parliament to their several places of Services and Imployment out of which they have been put since the beginning of this Parliament that they may receive satisfaction and reparation for those places and for the profits which they have lost by such removals upon the Petition of both Houses of Parliament and that all others may be restored to their Offices and Imployments who have been put out of the same upon any displeasure conceived against them for any Assistance given to both Houses of Parliament or obeying their Commands or forbearing to leave their Attendance upon the Parliament without licence or for any other occasion arising from these unhappy Differences betwixt Your Majesty and both Houses of Parliament upon the like Petition of both Houses These things being granted and performed as it hath always been our hearty Prayer so shall we be enabled to make it our hopeful Endeavour That Your Majesty and Your People may enjoy the blessings of Peace Truth and Justice the Royalty and Greatness of Your Throne may be supported by the Loyal and bountiful Affections of Your People their Liberties and Privileges maintained by Your Majesty's Protection and Justice and this publick Honour and Happiness of Your Majesty and all Your Dominions communicated to other Churches and States of Your Alliance and derived to Your Royal Posterity and the future Generations in this Kingdom for ever H. Elsinge Cler. Parl. D. Com. His MAJESTY'S Answer to the Desires and Propositions of both Houses February the third 1642. Received at a Conference with the Lords February the sixth 1642. IF His Majesty had not given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People or if He would suffer Himself by any Provocation to be drawn to a sharpness of Language at a time when there seems somewhat like an Overture of Accommodation He could not but resent the heavy charges upon Him in the Preamble of these Propositions and would not suffer Himself to be reproached with protecting of Delinquents by force from Justice His Majesty's desire having always been that all Men should be tryed by the known Law and having been refused it with raising an Army against His Parliament and to be told that Arms have been taken up against Him for the defence of Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety with many other Particulars in that Preamble so often and so fully answered by His Majesty without remembring the world of the time and circumstances of raising those Arms against Him when His Majesty was so far from being in a condition to invade other mens Rights that He was not able to maintain and defend His own from violence and without telling His good Subjects that their Religion the true Protestant Religion in which His Majesty was born hath faithfully lived and to which He will die a willing Sacrifice their Laws Liberties Priviledges and safety of Parliament were so amply settled and established or offered to be so by His Majesty before any Army was raised against Him and long before any raised by Him for His defence that if nothing had
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.
Decemb. 1645. Grey of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Gracious Answer to both Houses sent by Sir Peter Killegrew December 29. 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. ALthough the Message sent by Sir Peter Killegrew may justly require an expostulatory Answer yet His Majesty layes that aside as not so proper for His present Endeavours leaving all the World to judge whether His Proposition for a Personal Treaty or the flat denial of a safe Conduct for Persons to begin a Treaty be greater signs of a real Intention to Peace and shall now only insist upon His former Message of the 26. of this December That upon His repair to VVestminster He doubts not but so to joyn His Endeavours with His two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the settling of a way for the payment of the Publick Debts as well to the Scots and the City of London as others And as already He hath shewn a fair way for the settling of the Militia so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of Security whereby just Jealousies may arise to hinder the continuance of the desired Peace And certainly this Proposition of a Personal Treaty could never have entred into His Majesties Thoughts if He had not resolv'd to make apparent to all the World that the Publick good and peace of this Kingdom is far dearer to Him than the respect of any particular Interest Wherefore none can oppose this Motion without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a Work besides the declaring himself a direct opposer of the happy Peace of these Nations To conclude whosoever will not be ashamed that his fair and specious Protestations should be brought to a true and publick Test and those who have a real sense and do truely commiserate the Miseries of their bleeding Countrey let them speedily and chearfully embrace His Majesties Proposition for His Persosonal Treaty at VVestminster which by the blessing of God will undoubtedly to these now distracted Kingdoms restore the Happiness of a long-wish'd-for and lasting Peace Given at the Court at Oxford the 29. day of December 1645. His MAJESTIES Message to both Houses from Oxford Jan. 15. 1645-46 For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. BUT that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of His Majesties Trumpet sent with His Gracious Message of the 26. of December last Peace being the only subject of it and His Majesties Personal Treaty the means proposed for it And it were almost as great a wonder that His Majesty should be so long from inquiring after it if that the hourly expectation thereof had not in some measure satisfied His Impatience But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People He thinks it high time to inquire after His said Trumpeter For since all men who pretend any goodness must desire Peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that His Majesties Personal Presence in it is the likeliest way to bring it to a happy Issue He judges there must be some strange variety of accidents which causeth this most tedious Delay Wherefore His Majesty earnestly desires to have a speedy Account of His former Message the subject whereof is Peace and the means His Personal Presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full Liberty for the ease of their Consciences who will not communicate in that Service established by Law and likewise for the free and publick use of the Directory prescribed and by Command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all Forces being agreed to be Disbanded His Majesty will then forthwith as He hath in His Message of the 29. of December last already offered joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scots Subjects the City of London and others And His Majesty having proposed a fair way for the setling of the Militia which now by this long Delay seems not to be thought sufficient Security His Majesty to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace and taking away all Jealousies how groundless soever will endeavour upon debate with His two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral the Officers of State and others if His two Houses by their ready inclinations to Peace shall give him encouragement thereunto Thus His Majesty having taken occasion by His just impatience so to explain His Intentions that no man can doubt of a happy issue to this succeeding Treaty if now there shall be so much as a Delay of the same He calls God and the World to witness who they are that not only hinder but reject this Kingdoms future Happiness it being so much the stranger that His Majesties coming to Westminster which was first the greatest pretence for taking up Arms should be so much as delayed much less not accepted or refused But His Majesty hopes that God will no longer suffer the Malice of Wicked men to hinder the Peace of this too much afflicted Kingdom Given at the Court at Oxford the 15. of January 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 26. and 29. of Dec. May it please your Majesty WE your humble and loyal Subjects of both Kingdoms have received your Letters of the 26. and 29. of December last unto which we humbly return this Answer That there hath been no Delay on our parts but what was necessary in a business of so great a consequence as is exprest in our former Letter to Your Majesty Concerning the Personal Treaty desired by your Majesty There having been so much innocent blood of Your good Subjects shed in this War by Your Majesties Commands and Commissions Irish Rebels brought over into