give way to the sale of forest-Forest-Lands for that purpose this being the publick Debt which in His Majesties Judgment is first to be satisfied And for other publick Debts already contracted upon church-Church-Lands or any other Ingagements His Majesty will give His Consent to such Act or Acts for raising of monies for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby His People already too heavily burthened by these late Distempers may have no more pressures upon them than this absolute necessity requires And for the further securing of all fears His Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of His Reign by the two Houses of Parliament their Patents and Commissions being taken from His Majesty and after to return to the Crown as is expressed in the Article of the Militia For the Court of Wards and Liveries His Majesty very well knows the consequence of taking that away by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the protection of many of His Subjects being Infants Nevertheless if the continuance thereof seem grievous to His Subjects rather than He will fail on His part in giving satisfaction He will consent to an Act for taking of it away so as a full recompence be setled upon His Majesty and His Successors in perpetuity and that the Arrears now due be reserved unto Him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away His Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering to them And His Majesty proposeth as the best expedient to take away all seeds of future Differences that there be an Act of Oblivion to extend to all His Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed His Majesty will give full satisfaction to His two Houses concerning that Kingdom And although His Majesty cannot consent in Honour and Justice to avoid all His own Grants and Acts past under His great Seal since the two and twentieth of May 1642 or to the confirming of all the Acts and Grants passed under that made by the two Houses yet His Majesty is confident that upon perusal of particulars He shall give full satisfaction to His two Houses as to what may reasonably be desired in that particular And now His Majesty conceives that by these His offers which He is ready to make good upon the settlement of a Peace He hath clearly manifested His intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of His People and for the perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as His Majesty shall find necessary to propose on His part He earnestly desires a Personal Treaty at London with His two Houses in Honour Freedom and Safety it being in His Judgement the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or avoid future Misunderstandings All these things being by Treaty perfected His Majesty believes His Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due elections should be taken into consideration As for what concerns the Kingdom of Scotland His Majesty will very readily apply Himself to give all reasonable satisfaction when the desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto Him CHARLES R. From the Isle of Wight November 17. 1647. XXXIII From CARISBROOK Dec. 6. MDCXLVII For an Answer to His last To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receipt of His Message of the 17. of November last But since there is not in nature any consideration preceding to that of Peace His Majesty's constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom That Trade is so decayed all commodites so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that acknowledgement from His two Houses which this great Grace and Favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude if ye will but consider in how little time this necessary good work will be done if you the two Houses will wait on His Majesty with the same resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesty's earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace Carisbrook-Castle Decemb. 6. 1647. XXXIV From CARISBROOK Dec. 28. MDCXLVII In Answer to the Four Bills and Propositions before the Votes of No address For the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. THE necessity of complying with all engaged Interests in these great Distempers for a perfect settlement of Peace His Majesty finds to be none of the least difficulties He hath met with since the time of His Afflictions Which is too visible when
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon church-Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
Authority of Parliament N. 26. Commissions granted in Parliament to keep the Sea Rot. Parl. 1 H. 6. N. 61. Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N. 26. Privy Councellors 2 H. 6. N. 15. Counsels named by Parliament 4 H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwick Castle 14 H. 6. N. 10. The keeping of the Town of Calice is committed to the Duke of Gloucester by Indenture between him and the King and confirmed in Parliament 31 H. 6. N. 41. Rich. Earl of Salisbury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three years 33 H. 6. N. 27. Discharged 39 H. 6. N. 32. The Duke of York made by Parliament General Stat. 21 Jac. cap. 34. Treasurers and a Council of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lieutenant of the County of York and Sir Jo. Conyers Lieut. of the Tower upon the desire of the Lords and Commons this Parliament With very many more Precedents which to avoid prolixity are purposely omitted In His Message of April 12. His Message of May 5. Message of May 19. Mr. Alexander Hampden Dan. Kniveton * He. As in the case of the late Earl of Manchester Lord Privy-Seal Mr. Gamul * Bound Mr. Pym. M. Yeomans M. Bourchier of Bristol M. Tompkins M. Chaloner at London and divers others Published in Latine English French See these Messages in the Appendix n. 1. and 2. In the Appendix In the Appendix Together with this inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent a safe Conduct for their Commissioners and their Retinue Prince Rupert's Letter His Majesty's Propositions All their Commissioners were not then come to Vxbridge * The Papers intended are the Propositions concerning Religion which were not then delivered It was on Thursday being Market-day and the first day of the Meeting * The Paper intended is that before of 30. Jan. num 13. The Propositions here intended are those before mentioned on their part sent by the Earl of Denbigh and others to Oxford And the Bill for abolishing Episcopacy is in the Appendix n. 3. * Meaning the next present Paper * This joynt Declaration is already printed But the Articles being not Printed are in the Appendix n. 4. * See before num 31. * The Directory which was delivered in is of great length and the Covenant delivered with it both now Printed and obvious are therefore forborn to be inserted here or in the Appendix * See them in the Appendix n. 5. and 6. * The Alterations intended here and in the third Proposition are according to the Articles of the Treaty at Edenburgh which see in the Appendix n. 4. and the joynt Declaration of both Kingdoms which are That whereas by the Bill the Bishops Lands are mentioned to be given to the King and other church-Church-Lands for other uses by those Articles and Declarations they may be taken away and imployed to payment and recompence of the Scots and for paying the publick Debts and repairing of particular Losses * That was by Conference See num 59. * These words are in the preamble of the Bill presented by them for abolishing Episcopacy See before in the margin to the Paper num 44. * See that Clause in the Bill in the Appendix n 3. at this mark †* Num. 52. * None were made * None at all were delivered in * See these Papers after n 170. 192 and 193. * The Paper intended is the King's Commissioners Reply to their first Answer 13. Feb. n. 61. * See the Paper 20. Feb. after n. 196 being delivered upon another occasion * See before num 56. * See num 84. * See num 86. 88. * See the Paper intended n. 91. * The precedent Paper * The next precedent Paper * The Paper after n. 128 was delivered with this * See before n. 16. * See the printed Act. * See n. 107. and 109. and n. 105. * See the Papers intended n. 92. 106 * Nu. 111. * See before n. 111 The Admiralty is an office of Inheritance in Scotland and setled by Act of Parliament * Num. 84. * n. 361. * Copies of the Letters and Advices were accordingly delivered In the Appendix See the late Statute concerning the Adventures for Irish Lands * See the Letters and Advices in the Appendix num 9. See all these in the Appendix * Demand * Which were the the two next precedent Papers * The two Papers following n. 171 172. were delivered in before this Paper and the reference is to them others formerly delivered on that Subject * See the Paper 20. Feb. n. 192. touching His Majesties return to Westminster * of * given * It is the sixth of His Majesties Propositions See His Majesties Propositions n. 8. and the Letter from the Earl of Essex n. 9. that their Commissioners should have Instructions to Treat upon them * See their Paper before 11. Feb. num 184. * See their Paper num 63. referring to this * See their last Paper * Manner * protest See them in the Narrative num 136 177 178. * See it in the Narrative num 136. See the Narrative n. 77. num 78. num 80. num 81. num 105. 107. num 106 107 112. num 109. num 110. num 111. num 113. 115. num 116. num 117. num 118. num 119. * These are their words but seem to be mistaken for Our Commissioners always insisted We should name some of them See Our Commissioners Paper touching Our Return to the two Houses after Disbanding of Armies num 191. num 130. Num. 131. See num 132. Num. 130. Num. 136. See these in the Narrative nnm 177 178. Presented Jul. 24. These Propositions are for the most part the same with those at Vxbridge Representation of the Army Jun. 14. 1647. The Propositions being the same with those at Newcastle we have only repeated the heads as we found them This is part of the third in the Propositions 14. To null all Honours conferred since 1642. by the old Seal These Propositions being generally the same with those at Vxbridge Newcastle and Hampton-Court it was thought fit to represent only the Heads Acts xiv 23. Acts vi 6. 1 Cor. xvi 1. 1 Cor. xiv 1 Cor. v. 3. iii Joh. 9 10. 1 Tim. v. 22. Tit. i. 5. Rev. ii iii. 1 Tim. v. 19. Tit. iii. 10. Tit. i. 5 7. Acts xx 17 18. 1 Pet. v. 1 2. * by * Exercit. 8. in Ignat. c. 3. a Act. xvii 14. b 15. c i Thes iii. 1 2. d Act. xviii 5. e Act. xix 22. f Act. xx 4. g ver 5 6. h ver 17. h i Tim. i. 3. i Heb. xiii 23. * Phil. i. 1. Philem. ver 1. Col. i. 1. Heb. xiii 23. ii Tim. iv 6 10. 11 12 16. k Gal. i. 2. l Tit. iii. 12. m ii Cor. ii 12. n ii Cor. v. 6. o ii Cor. viii 6. p ii Tim. iv 10. 1. Reply Sect. 1 2 2. Reply Sect. 3. 4 5. 3. Reply Sect. 6. 4. Reply Sect. 7. 5. Reply Sect. 8. 6. Reply Sect. 9. 7. Reply Sect. 10. 15. 8. Reply 16. 9. Reply 17 18. 10. Reply 19 28. 11. Reply 23 27. 12. Reply 19 c.
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-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
governed after the said three years or sooner if differences may be agreed Touching the Covenant His Majesty is not yet therein satisfied and desires to respite His particular Answer thereunto until His coming to London because it being a matter of Conscience He cannot give a resolution therein till He may be assisted with the Advice of some of His own Chaplains which hath hitherto been denied Him and such other Divines as shall be most proper to inform Him therein and then He will make clearly appear both His zeal to the Protestant Profession and the Union of these two Kingdoms which He conceives to be the main drift of this Covenant To the seventh and eighth Propositions His Majesty will consent To the ninth His Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of To the tenth His Majesty's Answer is That He hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his consent to the Act for the due observation of the Lord's day for the suppressing of Innovations and those concerning the Preaching of God's Word and touching Non-residence and Pluralities and His Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that His will be therein included As to the Proposition touching the Militia though His Majesty cannot consent unto it in terminis as it is proposed because thereby He conceives He wholly parts with the power of the Sword entrusted to Him by God and the Laws of the Land for the protection and government of His People thereby at once devesting Himself and disinheriting His Posterity of that right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weakning Monarchy in this Kingdom that little more than the name and shadow of it will remain yet if it be only security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the agreements which are now to be concluded which is desired which His Majesty always understood to be the case and hopes that herein He is not mistaken His Majesty will give abundant satisfaction to which end He is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of ten years be in the hands of such persons as the two Houses shall nominate giving them power during the said term to change the said persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it was in the times of Queen Elizabeth and King James of blessed memory And now His Majesty conjures His two Houses of Parliament as they are Englishmen and Lovers of Peace by the duty they owe to His Majesty their King and by the bowels of compassion they have to their fellow-Subjects that they will accept of this His Majesty's offer whereby the joyful news of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotlund if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give satisfaction therein As to the mutual Declaration proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and branches which follow in the Propositions His Majesty only professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best Bond of Peace and that after intestine Troubles the wisdom of this and other Kingdoms hath usually and happily in all ages granted general Pardons whereby the numerous discontentments of many persons and families othewise exposed to ruine might not become fuel to new disorders or seeds to future troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many persons of condition and fortune that have engaged themselves with and for Him out of a sense of Duty and propounds as a very acceptable testimony of their affection to Him that a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of His great Seal which in Honour and Justice He is obliged to maintain and that the future government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19th Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the priviledges and customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at Westminster with that Honour which is due to their Sovereign there solemnly to confirm the same and legally to pass the Acts before mentioned and to give and receive as well satisfaction in all the remaining particulars as likewise such other pledges of mutual love trust and confidence as shall most concern the good of Him and His People upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him and will undertake for His ready obedience thereunto Holdenby May 12. 1647. XXX From HAMPTON-COURT Sept. 9. MDCXLVII In Answer to the Propositions presented to Him there For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. 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 uttermost endeavours for restoring it to a
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
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 further considers how impossible it is in the condition He now stands to fulfil the desires of the two Houses since the only ancient and known ways of passing Laws are either by His Majesty's 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 intentions 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 Soveraignty 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 Majesty's 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 that when His Majesty desires a personal Treaty with them for the settling of a Peace they in answer propose the very subject matter of the most essential part thereof to be first granted A thing which will be hardly credible to Posterity Wherefore His Majesty declares That neither the desire of being freed from this tedious and irksom condition of life His Majesty hath so long suffered nor the apprehension of what may befal Him in case His two Houses shall not afford Him a Personal Treaty shall make Him change His Resolution of not consenting to any Act till the whole Peace be concluded Yet then He intends not only to give just and reasonable satisfaction in the particulars presented to Him but also to make good all other Concessions mentioned in His Message of the 16. of November last which He thought would have produced better effects than what He finds in the Bills and Propositions now presented unto Him And yet His Majesty cannot give over but now again earnestly presseth for a Personal Treaty so passionately is He affected with the advantages which Peace will bring to His Majesty and all his Subjects of which He will not at all despair there being no other visible way to obtain a well-grounded Peace However His Majesty is very much at ease within Himself for having fulfilled the offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to incline the hearts of His two Houses to consider their King and to compassionate their fellow-Subjects miseries Given at Carisbrook-Castle in the Isle of Wight December 28. 1647. XXXV From CARISBROOK August 10. MDCXLVIII In Answer to the Votes for a Treaty For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster C. R. IF the Peace of My Dominions were not much dearer to Me than any particular Interest whatsoever I had too much reason to take notice of the several Votes which passed against Me and the sad condition I have been in now above these seven months But since you My two Houses of Parliament have opened as it seems to He a fair beginning to a happy Peace I shall heartily apply My self thereunto and to that end I will as clearly and shortly as I may set you down those things which I conceive necessary to this blessed work so that We together may remove all impediments that may hinder a happy conclusion of this Treaty which with all chearfulness I do embrace And to this wished end your selves have laid most excellent grounds For what can I reasonably expect more than to Treat with Honour Freedom and Safety upon such Propositions as you have or shall present unto He and such as I shall make to you But withal remember that it is the definition not names of things which makes them rightly known and that without means to perform no Proposition can take effect Aud truly My present condition is such that I can no more treat than a blind man judge of colours or one run a race who hath both his feet fast tied together wherefore My first necessary demand is That you will recall all such Votes and Orders by which people are frighted from coming writing or speaking freely to Me. Next That such men of all professions whom I shall send for as of necessary use to Me in this Treaty may be admitted to wait upon Me. In a word that I may be in the same state of freedom I was in when I was last at Hampton-Court And indeed less cannot in any reasonable measure make good those offers which you have made Me by your Votes For how can I treat with Honour so long as people are terrified with Votes and Orders against coming to speak or write to Me And am I honourably treated so long as there is none about Me except a Barber who came now with the Commissioners that ever I named to wait upon Me Or with Freedom until I may call such unto Me of whose services I shall have use in so great and difficult a work And for Safety I
Advocate Rives and D. Duck. And afterward in a Letter of one of the Commissioners for the two Houses He sent inclosed this Note Nov. 2. C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Ferne Dr. Morley XXXVIII From NEWPORT Sept. 29. MDCXLVIII Containing His Concessions HIS Majesty did use many earnest endeavours for a Personal Treaty which He hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for Peace which might put an end to His own sad condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His consent to the First Proposition But finding you are limited by Instructions which you have no warrant to communicate unto Him and having cause by your Paper of the twentieth of this present to believe that you have no power to omit or alter any thing though He shall give you such reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties reasons expressions and offers upon debate cannot be fully represented and from whence their Answers cannot be returned without much waste of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good Work now in hand may by God's blessing proceed more speedily and effectually to an happy conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent that the calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for three years the Directory for the publick Worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for three years by Act of Parliament the Form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgment or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or Form of Worship but have free practice of their own profession And that a free consultation and debate be had with the Assembly of Divines at Westminster in the mean time twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and Form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and the Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesom times divers of His Subjects have made contracts and purchaces and divers have disbursed great summs of moneys upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal estates for lives or for years at their choice not exceeding 99 years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Leases shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the propriety and inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof and the rent that shall be reserved to be for their maintenance His Majesty will give his Royal assent for the better observation of the Lord's day for suppressing 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 an Act against enjoying pluralities of Benefices by Spiritual persons and Non-residency and to an Act for regulating and Reforming both Universities and the Colledges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the education of the children of Papists by Protestants in the Protestant Religion As also to an Act for the true levying of the penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf As also to an Act to prevent the practices of Papists against the State and for putting the Laws in Execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth He conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the persons and estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm Yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the power therein mentioned after the present Distempers setled than shall be agreeable to the legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall arm train and discipline or cause to be armed trained or disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick
tendred such Propositions that might occasion the World to judge that they have yielded up not only their Wills and Affections but their Reasons also and Judgments for obtaining a true Peace or good Accommodation It is true that if they can shew what reasonably they could have asked more or wherein the King's Offers were deficient either in Point of Security or by with-holding from any His Subjects a jot of their just Priviledges then they said somewhat to challenge Belief But bare Asseverations even against what a Man sees will not get credit with any but such who abandon their Judgments to an implicite Faith nor can the Determinations of all the Parliaments in the World make a thing Just or Necessary if it be not so of it self And can it be imagined that any who were ever acquainted with the Passages at the Treaties of Oxford and Vxbridge will believe though it be said that the Propositions tendred at Newcastle were the same in effect which had been presented to the King before in the midst of all His strength and Forces Indeed methinks such gross slips as these should at least make a man be wary how to believe such things for which He sees no Proofs And yet it should seem that a man must either take their words for good payment or remain unsatisfied for a little after it is said that the Kings strange unexpected and conditional Answers or Denials might justly have made them consider some other course for setling the Kingdom in Peace and Safety without any farther Application but never shewn wherein the strangeness of His Answers or Denials consists And I should think that those Reasons upon which the laying by of a King's Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general big words for it thereby seems that it is their force of Arms more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherways can it be imagined that their saying that their last Propositions were so qualified that where it might stand with the publick Safety the wonted Scruples and Objections were prevented or removed can give satisfaction to any rational man who hath seen all their former Propositions for it is most evident that their Demands have always encreased with their good Fortune And for their great Condescension to a Personal Treaty which under favour can scarcely be called so for the King though He had granted what was desired was not to come either to or near London but to stay in the Isle of Wight and there to Treat with Commissioners upon signing the Four Bills surely they incurred therein but little danger for it is most evident that they contain the very substance of the most essential parts of their Demands which being once granted the King would neither have had power to deny nor any thing left worth the refusing for after He had confessed that He had taken up Arms to invade the Liberty of His People whereas it was only for the Defence of His own Rights and had likewise condemned all those who had faithfully served Him of Rebellion and that He had totally devested Himself His Heirs and Successors for ever of the power of the Sword whereby the Protection of His Subjects which is one of the most essential and necessary Rights belonging to Regal Authority is totally torn away from the Crown and that by a silent Confession He had done Himself and Successors an irreparable prejudice concerning the great Seal I speak not of the other two Bills neither of which are of little importance what was there more for Him to grant worth the insisting upon after such Concessions or indeed what power was left Him to deny any thing So that the King's necessity of giving the Answer He did for it was no absolute Refusal is most evident unless He had resolved to have lived in quiet without Honour and to have given His People Peace without Safety by abandoning them to an arbitrary and unlimited power of the two Houses for ever concerning the levying of Land or Sea-Forces without stinting of numbers or distinction of persons and for Payments to levy such summes of Monies in such sort and by such ways and means as they shall think fit and appoint And now I cannot but ask is this the Militia that the King contends for or did ever any King of England pretend to or seek for such a Power surely no but this is a new Militia and take heed lest this should prove like the Roman Praetorian Cohorts that what they did in chusing and changing Emperours these do not to this Government by moulding and altering it according to their Fancies Now my eagerness to clear this Point concerning the four Bills had almost made me forget a most material Question I wonder much wherein the Danger consists of a Personal Treaty with the King ever since He was last at Newcastle Surely He cannot bring Forces along with Him to awe His two Houses of Parliament and it is as well known that He hath not Money to raise an Army and truly there is as little fear that the Eloquence of His Tongue should work Miracles but on the contrary if He were so ill a man as you describe Him to be whatsoever He shall say or write must more prejudice Him than You for let Him never flatter Himself it must be clear not doubtful Reason that can prevail against that great visible prevailing Power which now opposes Him nor do I say it will but certainly less cannot do it Where is then the Danger Believe it Reason will hardly maintain those who are afraid of her After this it is said that they had cause enough to remember that the King sometimes denied to receive their humble Petitions but they neither tell where nor when which I am most confident they cannot but I am certain that the King hath sent divers Messages of Peace to them unto which He hath yet had no Answer namely His last from Oxford of the 15. January 1645. and all the rest since As for the Fight at Brainford whosoever will read the Collection of the Declarations in print upon that subject will clearly find that the King hath more reason to complain that they under colour of Treaty sought to environ Him with their Forces than they for what He then did and His retreat was neither for Fear nor with Shame for the appearing of the Enemy made Him retard not hasten His orders for retiring which divers hours before their appearing He had given which He did without any loss at all but on the contrary retreated with more Arms eleven Colours and fifteen pieces of Ordnance beside good store of Ammunition than He had before And for Cruelty there was not a drop of Blood shed but in the heat of the Fight for I saw above five hundred Prisoners who only promising
for making War and shall I now be condemned for making Peace Have I not formerly ruled like a King and shall I now be ruled like a Slave Have I not formerly enjoyed the society of My dear Wife and Children in peace and quietness and shall I now neither enjoy them nor Peace Have not My Subjects formerly obeyed Me and shall I now be obedient to My Subjects Have I not been condemned for Evil Counsellors and shall I now be condemned for having no Counsel but God These are unutterable miseries that the more I endeavour for Peace the less My endeavours are respected And how shall I know hereafter what to grant when your selves know not what to ask I refer it to your Consciences whether I have not satisfied your desires in every particular since this Treaty if you find I have not then let Me bear the burthen of the fault but if I have given you ample satisfaction as I am sure I have then you are bound to vindicate Me from the fury of those whose thoughts are filled with blood though they pretend zeal yet they are but Wolves in Sheeps cloathing I must further declare that there is nothing can more obstruct the long-hoped-for Peace of this Nation than the illegal proceedings of them that presume from Servants to become Masters and labour to bring in Democracy and to abolish Monarchy Needs must the total alteration of Fundamentals be not only destructive to others but in conclusion to themselves for they that endeavour to rule by the Sword shall at last fall by it for Faction is the Mother of Ruine and it is the humour of those who are of this Weather-cock-like disposition to love nothing but mutabilities neither will that please them but only pro tempore for the too much variety doth but confound the senses and makes them still hate one folly and fall in love with another Time is the best cure for Faction for it will at length like a spreading Leprosie infect the whole body of the Kingdom and make it so odious that at last they will hate themselves for love of that and like the Fish for love of the bait be catch'd with the hook I once more declare to all My loving Subjects and God knows whether or no this may be My last that I have earnestly laboured for Peace and that My thoughts were sincere and absolute without any sinister ends and there was nothing left undone by Me that My Conscience would permit Me to do And I call God to witness that I do firmly conceive that the interposition of the Army that cloud of Malice hath altogether eclipsed the glory of that Peace which began again to shine in this Land And let the World judg whether it be expedient for an Army to contradict the Votes of a Kingdom endeavouring by pretending Laws and Liberties to subvert both Such Actions as these must produce strange consequences and set open the floud-gates of ruine to overflow this Kingdom in a moment Had this Treaty been only Mine own seeking then they might have had fairer pretences to have stopt the course of it but I being importun'd by My two Houses and they by most part of the Kingdom could not but with a great deal of alacrity concur with them in their desires for the performance of so commodious a work and I hope by this time that the hearts and eyes of My People are opened so much that they plainly discover who are the underminers of this Treaty For Mine own part I here protest before the face of Heaven that Mine own Afflictions though they need no addition afflict Me not so much as My Peoples sufferings for I know what to trust to already and they know not God comfort both them and Me and proportion our Patience to our Sufferings And when the Malice of Mine Enemies is spun out to the smallest thread let them know that I will by the grace of God be as contented to suffer as they are active to advance My sufferings and Mine own Soul tells Me that the time will come when the very clouds shall drop down vengeance upon the heads of those that barricado themselves against the Proceedings of Peace for if God hath proclaimed a blessing to the Peace-makers needs must the Peace-breakers draw down curses upon their heads I thank My God I have armed My self against their fury and now let the arrows of their Envy fly at Me I have a breast to receive them and a heart possest with patience to sustain them for God is My Rock and My Shield therefore I will not fear what man can do unto Me. I will expect the worst and if any thing happen beyond My expectation I will give God the glory for vain is the help of man Queries propounded by His MAJESTY when the Armies Remonstrance was read unto Him at NEWPORT concerning the intended Tryal of His MAJESTY I. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety II. Whether His acknowledgment of the bloud that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party III. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistance in what is alledged against Him in that He goes on in a destructive course of enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions IV. Whereas by the letter of the Law all persons charged to offend against the Law ought to be tryed by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead letter seems to condemn Him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme power or authority of Magistracy in the Kingdom HIS MAJESTY'S LETTERS I. To the House of Peers about the Reprieve of the Earl of STRAFFORD Sent by the PRINCE From White-Hall May 11. MDCXLI My Lords I Did yesterday satisfie the Justice of the Kingdom by passing the Bill of Attainder against the Earl of Strafford But Mercy being as inherent and inseparable to a King as Justice I desire at this time in some measure to shew that likewise by suffering that unfortunate man to fulfil the natural course of his life in a close Imprisonment yet so that if ever he
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
let the woful experience of these last eighteen years judge where in a time of Peace and Plenty the power of issuing out Commissions to compel Loans a power in the King at His pleasure to impose a Charge upon the People to provide Ships without limitation of time or proportion a power in the Council-Board to commit Men and determine business without distinction of persons or causes the power of laying Impositions both upon Forein and Domestick Commodities and many other Acts of Oppressions was under the name and colour of a Legal Right thereunto practised and put in execution against which the Subject had no help of relief but was necessitated to submit and lie under the burthen And when at any time a Parliament was called being the only cure and remedy for these griefs it could no sooner touch upon these sores but it was dashed in pieces by a sudden Dissolution And now that a remedy is provided for that mischief by the Act for continnance of this Parliament it is attempted by the force and power of an Army to effect that which formerly could have been done with more ease and readiness And now they refer it to the censure of any honest Man whether they have not the warrant of Reason and Necessity to demand some security to enjoy that which His Majesty confesseth to be the Peoples right and in reference to that whether their Demand of having the Forts Castles and Shipping to be put into such hands as both Houses shall have cause to confide in was not both moderate and reasonable And touching their Demand and His Majesty's Answer to the Clause concerning the admission of Forces into those Forts Castles and Towns they must still submit it to all indifferent judgments how much Reason and Justice was comprehended in their Demand and how little satisfaction they received therein His Majesty answers That no Forces raised or brought in contrary to Law should be admitted which they could heartily wish heretofore had or hereafter would be really performed but they desire it may be considered what security this will be to the Kingdom to prevent the raising or bringing in of Forces contrary to law who shall be Judges of the Law when those Forces are once raised and once brought in Surely His Majesty will not acknowledge the two Houses of Parliament to be for His Majesty by several Declarations hath expresly denied them any such Power For contrary to their Declarations fortified with Law and Reason His Majesty published and affirmed the Legality of the Commission of Array and put the same in execution in most parts of the Kingdom hath authorized the Papists of the Kingdom to take Arms to oppose the Parliament and their Proceedings and to rob spoil and deprive the Protestants of this Kingdom of their Estates and lives hath by divers Proclamations and Declarations published the raising of Forces and taking up of Arms by the two Houses of Parliament and such as therein obey their Commands for their own defence and the defence of their Religion and Liberty assaulted by an Army of Papists and their adherents to be Rebellion and Treason and the taking up of Arms by the Papists and their adherents to be acts of Duty and Loyalty and all this urged and pretended to be warranted by the Law of the Land And they do not doubt but by the same Law persons legally impeached and accused in Parliament of high Treason as the Lord Digby Master Percy Master Jermyn Master Oneale and others are by the power of an Army protected from the Justice of the Parliament and yet all this while the People have not only His Majesty's Promise but His Oath to govern and protect them according to the Laws of the Land And now they appeal to the World whether such a general Answer That no Forces raised or brought in contrary to Law without admitting them so much as to declare their confidence in the persons that are to be entrusted with the Power be just or reasonable What is it otherwise in effect than to make those persons that are the Instruments to violate the Law Judges of that Law which to our sad experience is the woful and miserable present condition of this Kingdom And though by what had hitherto passed they had little cause to suspect such a happy issue to the Treaty as they heartily wished and most earnestly laboured for discovering not the least inclination of compliance to their just Demands but all or most of them answered with a Denial and that not without some sharpness and acrimony yet resolving to be wanting in nothing of their parts they enjoyned their Committee to press on the Proposition for Disbanding and humbly desire His Majesty's positive Answer thereunto which if assented unto by His Majesty would though not wholly take away the cause and perfectly cure the Distractions of this Kingdom yet at least take off the smart and pain under which both Church and State do most miserably languish and so better enable them to endure the expectation of a through Cure The Committee applied themselves to His Majesty accordingly and after some endeavour to protract the debate of this Proposition and desire that it might be deferred to the conclusion of the Treaty and that the time of the Treaty might be enlarged His Majesty being earnestly importuned to a positive and speedy Answer to the end the Kingdom might know what they might trust to His Majesty was pleased to return this Answer That as soon as His Majesty were satisfied in His first Proposition concerning His own Revenue Magazines Ships and Forts secondly as soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641. not intending to extend it to the Bishops Votes or to such in whose places upon new Writs new Elections have been made thirdly as soon as His Majesty and both Houses might be secured from such tumultuous assemblies as formerly assembled about both Houses which security His Majesty explains can be only settled by adjourning the Parliament to some place twenty miles from London His Majesty would consent that both the Armies should be disbanded and come to the Parliament Which in terms plain enough is as much as to say That until both Houses shall consent to those Demands He will not Disband His Army He will continue the War And what Reason or Justice is either in the matter or manner of those demands or what hope or expectation the People can have to see an end of their present Calamities they leave it to themselves to judge His Majesty in the beginning of the Treaty in His Answer to the Propositions of both Houses was pleased to express how unparliamentary it was by Arms to require new Laws but how to apply that to the two Houses of Parliament they must confess they are to seek they never having demanded any new Laws by Arms endeavouring
Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Kingdoms bear any Office or have any employment concerning the State or Commonwealth And also that the Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and not rendred themselves before the last of October 1644. may be removed from His Majesty's Councils and be restrained from coming within the verge of the Court and that they may not without the advice and consent of both Houses of Parliament bear any Office or have any employment concerning the State or Common-wealth And in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by His Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament in Scotland respectively shall think fit 5. That by Act of Parliament all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Councellors and Attourneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be made incapable of any practice in the Law Common or Civil either in publick or in private And that they and likewise all Bishops Clergy-men and other Ecclesiastical persons who have deserted the Parliament and adhered to the Enemies thereof shall not be capable of any preferment or imployment either in Church or Commonwealth without the advice and consent of both Houses of Parliament 6. The persons of all others to be free of all personal censure notwithstanding any Act or thing done in or concerning this War they taking the Covenant 7. The Estates of those persons excepted in the first three preceding qualifications to pay publick Debts and Damages 8. A third part in full value of the Estates of the persons made incapable of any imployment as aforesaid to be imployed for the payment of the publick Debts and Damages according to the Declaration 9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations And in case the Estates and proportions aforementioned shall not suffice for the payment of the publick engagements whereunto they are only to be employed that then a new proportion may be appointed by the joynt advice of both Kingdoms providing it exceed not the one moity of the Estates of the persons made incapable as aforesaid and that it exceed not a sixth part of the Estate of the other Delinquents 10. That the Persons and Estates of all common Souldiers and others of the Kingdom of England who in Lands or Goods be not worth 200 l. sterling and the Persons and Estates of all common Souldiers and others of the Kingdom of Scotland who in Lands or Goods be not worth 100 l. sterling be at liberty and discharged 11. That an Act be passed whereby the Debts of the Kingdom and the Persons of Delinquents and the value of their Estates may be known and which Act shall appoint in what manner the Confiscations and proportions before mentioned may be levied and applyed to the discharge of the said engagements XV. That by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVI That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea and for the raising of such Moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit XVII An Act for the settling of all Forces both by Sea and Land in Commissioners to be nominated by both Houses of Parliament of persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to Religion and the Peace of the Kingdoms of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall die others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of the Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Force without such Authority or consent to the disturbance of the publick Peace of the Kingdoms any Commission under the great Seal or Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be settled and to prevent all disturbance of the publick Peace that may rise by occasion of the late Troubles so for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and Vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned so for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of the Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the
approbation and consent of the Presbyters or the major part of them That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations and according to the value of those Impropriations of the several Parishes That for the time to come no Man shall be capable of two Parsonages or Vicarages with Cure of Souls That towards the settling of the publick Peace one hundred thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops Deans and Chapters in such manner as shall be thought fit by the King and two Houses of Parliament without the Alienation of any of the said Lands That the Jurisdiction in Causes Testamentary Decimal Matrimonial be settled in such manner as shall seem most convenient by the King and two Houses of Parliament And likewise that one or more Acts of Parliament be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and the abuses by frivolous Excommunications and all other abuses in the exercise of Ecclesiastical Jurisdiction in such manner as shall be agreed upon by His Majesty and both Houses of Parliament And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation we shall very willingly apply our selves to the consideration thereof 13. February FOR the confirmation of the Ordinances concerning the Calling and Sitting of the Assembly of Divines and the taking the Covenant we conceive neither of them need be insisted on if the alterations of Church-Government be agreed upon between us and if they be not it will not be reasonable that we consent to those Ordinances And for the Covenant we cannot advise His Majesty to swear and sign the same nor consent that an Act of Parliament should pass for enjoyning the taking thereof by His Majesty's Subjects 13. February VVE do not yet conceive that the Directory for publick Worship delivered to us by your Lordships ought to be enacted or that it is so likely to procure and preserve the Peace of this Kingdom as the Liturgy or Common-Prayer-Book already established by Law against which we have not yet received from your Lordships any Objections which Liturgy as the same was compiled by many Learned and Reverend Divines of whom some dyed Martyrs for the Protestant Religion we conceive to be an Excellent Form for the Worship of God and hath been generally so held throughout this Kingdom till within these two or three years at the most And therefore since there are no Inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable and since there is nothing commendable in the Directory which is not already in the Book of Common-Prayer we conceive it much better and more conducing to the Peace of this Kingdom still to observe the said Form with such Dispensations as we have expressed in our first Paper now presented to your Lordships and if there shall be any Alterations proposed by your Lordships of such particulars in the Book of Common-Prayer as good men are scrupled at we shall willingly endeavour to give your Lordships satisfaction in those particulars but as yet can make no further or other Answer than we have already done but shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer and your Reasons for introducing the Directory And for the Proposition concerning Church-Government annexed to your first Paper we have no Information how that Government shall be constituted in particular or what Jurisdiction shall be established or by whom it shall be granted or upon whom it shall depend And therein also we desire further Information from your Lordships 13. February VVE desire to see the Bills for the Observation of the Lord's day for suppressing of Innovations in Churches and Chapels and for the better advancement of the Preaching of God's Holy Word which are mentioned in your Lordships Paper of the 11. of Febr. we being very ready to consent to the subject Matter of those Bills We have expressed in our Paper delivered to your Lordships what we conceive fit to be done in the business of Pluralities which will prevent any inconveniences that way And when your Lordships shall give us your Demands concerning Papists and when we shall see the Acts for the regulating and reforming of both Universities of the Colleges of Westminster Winchester and Eaton and for the Education and Marriage of His Majesty's Children and the Children of His Heirs and Successors in the true Protestant Religion we shall give your Lordships such Answers as shall be fit being very willing to concur with your Lordships in any good means for the suppressing of Popery and advancement of the Protestant Religion And we are well assured that His Majesty hath taken a pious care for the Education of all His Children in the true Protestant Religion and having already married one of His Children to the satisfaction we conceive of all His good Subjects we are confident in due time His Majesty will so dispose of the rest in Marriage as shall be most for the advancement of Religion and the good and welfare of all His Dominions Their Answer to the First 13. February VVHereas we expected your Lordships resolution for His Majesty's assent unto the Bill for the utter Abolishing of Arch-Bishops Bishops c. we find by your Paper given in this Evening that your Lordships are not yet satisfied that the Bill should pass and you are pleased to express several Reasons and Objections against it which were at large answered and cleared at the publick Debate But what was then said by us is now by your Lordships wholly omitted nor may we in writing represent it again unto your Lordships it not being agreeable to the usage of Parliament to deliver Reasons for or against a Bill though we were willing by Conference in the Treaty to satisfy all doubts and remove all scruples which remained with you And so far were we from consenting that Episcopacy hath continued from the Apostles times by continual Succession that the contrary was made evident unto your Lordships and the Unlawfulness of it fully proved And as for that which your Lordships have propounded for uniting and reconciling all differences in the matter of Religion it is a new Proposition which wholly differs from ours is no way satisfactory to our desires nor consisting with that Reformation to which both Kingdoms are obliged by their solemn Covenant therefore we can give no other Answer to it but must insist to desire your Lordships that the Bill may be past and our other Demands concerning Religion granted The King's Commissioners Reply thereunto 13. February VVE conceive that our Answer to your Lordships concerning the Bill for the utter Abolishing of Arch-bishops Bishops c. was so reasonable that it clearly appears thereby that the passing that
offered any such particular Form of Government to us that may inable us to judge thereof and we cannot but observe that the Arguments produced to that purpose were only to prove the same not unlawful without offering to prove it absolutely necessary And therefore we conceive our Answer formerly given to your Lordships concerning that Bill and your Propositions concerning Religion is a just and reasonable Answer After the first three days of the Treaty spent upon the business of Religion according to the Order formerly prescribed the Propositions concerning the Militia were next Treated upon the three days following beginning the fourth of February and the same was after resumed the 14 th of February for other three days Their Propositions touching the Militia 4. February WE desire that by Act of Parliament the Subjects of the Kingdom of England may be appointed to be Armed Trained and Disciplined in such manner as both Houses shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit We desire that an Act of Parliament be passed for the settling of the Admiralty and Forces at Sea and for the raising of such moneys for maintenance of the said Forces and of the Navy as both Houses of Parliament shall think fit The like for the Kingdom of Scotland in such manner as the Estates of Parliament there shall think fit An Act for the settling of all Forces by Sea and Land in Commissioners to be nominated by both Houses of Parliament of Persons of known Integrity and such as both Kingdoms may confide in for their faithfulness to the Religion and Peace of the Kingdom of the House of Peers and of the House of Commons who shall be removed or altered from time to time as both Houses shall think fit and when any shall dye others to be nominated in their places by the said Houses Which Commissioners shall have power 1. To suppress any Forces raised without Authority of both Houses of Parliament or in the Intervals of Parliaments without consent of the said Commissioners to the disturbance of the publick Peace of these Kingdoms and to suppress any Foreign Forces that shall invade this Kingdom And that it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the Publick peace of the Kingdom any Commission under the great Seal or other Warrant to the contrary notwithstanding and they to be incapable of any Pardon from His Majesty and their Estates to be disposed of as both Houses of Parliament shall think fit 2. To preserve the Peace now to be setled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles So for the Kingdom of Scotland 3. To have power to send part of themselves so as they exceed not a third part or be not under the number of to reside in the Kingdom of Scotland to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the Kingdom of Scotland is only concerned So for the Kingdom of Scotland 4. That the Commissioners of both Kingdoms may meet as a joynt Committee as they shall see cause or send part of themselves as aforesaid to do as followeth 1. To preserve the Peace betwixt the Kingdoms and the King and every one of them 2. To prevent the violation of the Articles of Peace as aforesaid or any Troubles arising in the Kingdoms by breach of the said Articles and to hear and determine all differences that may occasion the same according to the Treaty and to do further according as they shall respectively receive Instructions from both Houses of Parliament in England or the Estates of Parliament in Scotland and in the Intervals of Parliaments from the Commissioners for the preservation of the publick Peace 3. To raise and joyn the Forces of both Kingdoms to resist all Foreign Invasion and to suppress any Forces raised within any of the Kingdoms to the disturbance of the publick Peace of the Kingdoms by any Authority under the great Seal or other Warrant whatsoever without consent of both Houses of Parliament in England and the Estates of the Parliament in Scotland or the said Commissioners of that Kingdom whereof they are Subjects And that in those Cases of joynt Concernment to both Kingdoms the Commissioners to be directed to be there all or such part as aforesaid to act and direct as joynt Commissioners of both Kingdoms We desire that the Militia of the City of London may be in the ordering and government of the Lord Mayor Aldermen and Commons in Common-Councel assembled or such as they shall from time to time appoint whereof the Lord Mayor and Sheriffs for the time being to be three And that the Militia of the Parishes without London and the Liberties within the Weekly Bills of Mortality may be under the command of the Lord Mayor Aldermen and Commons in Common-Councel of the said City to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament We desire that the Tower of London may be in the government of the City of London and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Councel And that the Citizens or Forces of London shall not be drawn out of the City into any other parts of the Kingdom without their own consent and that the drawing of their Forces into other parts of the Kingdom in these distracted times may not be drawn into example for the future After these Propositions made the King's Commissioners for their Information concerning these Propositions gave in several Papers The King's Commissioners Paper 4. February VVE conceive the Propositions delivered by your Lordships concerning the Militia import very great Alterations in the main foundation of the Frame of Government of this Kingdom taking by express words or by necessary consequence the whole Military and Civil power out of the Crown without any limitation in Time or reparation proposed Therefore we desire to know for what term you intend the Militia shall be settled in such manner as may be a reasonable and full Security which we are ready and desirous to give to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles For the better doing whereof we are ready by Conference to satisfie your Lordships in any particulars Their Answer 4. February OUR Paper given in to your Lordships concerning the Militia doth not contain the Alterations mentioned in your Lordships Answer but desires that which by the Wisdom of the Parliaments of both Kingdoms is judged necessary at this time for the security of His Majesty's Kingdoms and preservation of the Peace now to be settled and until your Lordships shall declare an Assent unto the matter therein expressed we conceive it will not
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed and appointed and shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcel thereof and of the Revenues Rents Issues and Profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further Enacted by the Authority aforesaid That all Leases Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid That all and singular Revenues Rents Issues Fees Profits Sums of Money and Allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-house or other charitable use payable by any the Corporations or Persons whose Offices or Places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said Premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the Premisses to the end the same may be distributed applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it Ordained and Enacted That the Lord Keeper of the Great Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth day of May and before the 28. day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so
but even passing by that which he might well insist upon a Point of Honour in respect of his present Condition thus answers the first Proposition That upon his Majesties coming to London He will heartily joyn in all that shall concern the Honour of his two Kingdoms or the Assembly of the States of Scotland or of the Commissioners or Deputies of either Kingdom particularly in those things which are desired in that Proposition upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Honour In answer to all the Propositions concerning Religion his Majesty proposeth that he will confirm the Presbyterial Government the Assembly of Divines at VVestminster and the Directory for Three years being the time set down by the Two Houses so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have And also that a free Consultation and Debate be had with the Divines at VVestminster Twenty of his Majesties Nomination being added unto them whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years or sooner if Differences may be agreed Touching the Covenant his Majesty is not yet therein satisfied and desires to respite his particular Answer thereunto until his coming to London because it being a matter of Conscience he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains which hath hitherto been denied him and such other Divines as shall be most proper to inform him therein and then he will make clearly appear both his Zeal to the Protestant Profession and the Union of these two Kingdoms which he conceives to be the main drift of this Covenant To the Seventh and Eighth Propositions his Majesty will consent To the Ninth his Majesty doubts not but to give good satisfaction when he shall be particularly informed how the said Penalties shall be levied and disposed of To the Tenth his Majesties Answer is That he hath been always ready to prevent the practices of Papists and therefore is content to pass an Act of Parliament for that purpose and also that the Laws against them be duly executed His Majesty will give his Consent to the Act for the due Observation of the Lord's day for the suppressing of Innovations and those concerning the preaching of God's Word and touching Non-residence and Pluralities and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts expecting also that his will be therein included As to the Proposition touching the Militia though his Majesty cannot consent unto it in terminis as it is proposed because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land for the Protection and Government of his People thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office and so weaken Monarchy in this Kingdom that little more than the Name and Shadow of it will remain yet if it be onely security for the preservation of the Peace of this Kingdom after the unhappy Troubles and the due performance of all the Agreements which are now to be concluded which is desired which his Majesty always understood to be the case and hopes that herein he is not mistaken his Majesty will give abundant satisfaction To which end he is willing by Act of Parliament That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Persons as the Two Houses shall nominate giving them power during the said Term to change the said Persons and substitute others in their places at pleasure and afterwards to return to the proper Chanel again as it it was in the times of Queen Elizabeth and King James of blessed memory And now his Majesty conjures his two Houses of Parliament as they are English-men and lovers of Peace by the Duty they owe to his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects that they will accept of this his Majesties Offer whereby the joyful News of Peace may be restored to this languishing Kingdom His Majesty will grant the like to the Kingdom of Scotland if it be desired and agree to all things that are propounded touching the conserving of Peace betwixt the two Kingdoms Touching Ireland other things being agreed His Majesty will give Satisfaction therein As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament and the Modifications Qualifications and Branches which follow in the Propositions his Majesty onely professes that He doth not sufficiently understand nor is able to reconcile many things contained in them but this He well knoweth that a general Act of Oblivion is the best bond of Peace and that after Intestine Troubles the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons whereby the numerous discontentments of many Persons and Families otherwise exposed to ruine might not become fewel to new Disorders or seeds to future Troubles His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Considerations and likewise tenderly look upon His condition herein and the perpetual dishonour that must cleave to Him if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty and propounds as a very acceptable testimony of their Affection to him That a general Act of Oblivion and free Pardon be forthwith passed by Act of Parliament Touching the new Great Seal His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal which in Honour and Justice He is obliged to maintain and that the future Government thereof may be in His Majesty according to the due course of Law Concerning the Officers mentioned in the 19. Article His Majesty when He shall come to Westminster will gratifie His Parliament all that possibly He may without destroying the alterations which are necessary for the Crown His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London and all that is mentioned in the Propositions for their particular advantage And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament to the end that this Agreement may be firm and lasting without the least face or question of restraint to blemish the same His Majesty earnestly desires presently to be admitted to His Parliament at
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice
perfecting of these Concessions as also for such other things as may be proposed by the two Houses and for such just and reasonable demands as his Majesty shall find necessary to propose on his part he earnestly desires a Personal Treaty at London with his two Houses in Honour Freedom and Safety it being in his Judgment the most proper and indeed only means to a firm and settled Peace and impossible without it to reconcile former or to avoid future misunderstandings All these things being by Treaty perfected his Majesty believes his two Houses will think it reasonable that the Proposals of the Army concerning the Succession of Parliaments and their due Elections should be taken into consideration As for what concerns the Kingdom of Scotland his Majesty will very readily apply himself to give all reasonable satisfaction when the Desires of the two Houses of Parliament on their behalf or of the Commissioners of that Kingdom or of both joyned together shall be made known unto him From the Isle of Wight Novemb. 17. 1647. His MAJESTIES Declaration at the Isle of VVight Novemb. 19. 1647. CHARLES R. HIS Majesty doth declare That he came from Hampton-Court for no other cause but for the preservation of His Person which was as He apprehended in such danger that He could not with Safety continue longer there That if He could have been there with Safety He would not have departed thence nor from the Army And that He chose this place rather than any other when He was at liberty to have gone whither He pleased that He might still continue under the protection of the Army Colonel Hammond being a Member thereof and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace to which He professes a very great inclination and desire and that there shall be nothing wanting on His part that may be reasonably expected from Him And His Majesty doth further Declare That in case these Gentlemen be taken from Him and punished as evil doers for counselling Him not to go out of the Kingdom but rather to come to the place where He now is for the ends aforesaid and for their endeavouring accordingly in attending Him hither He cannot but Himself expect to be dealt with accordingly His case being the same Carisbrooke Castle Novemb. 19. 1647. His MAJESTIES Letter to Sir THOMAS FAIRFAX from Carisbrooke Novemb. 26. 1647. For Sir Thomas Fairfax General CHARLES R. HAving left Order at Our remove from Hampton-Court that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing and the continuance of Our Resolutions to improve every occasion of the satisfaction of all chief Interests that so a happy Peace may be settled in Our Dominions in pursuance whereof We have lately sent a Message to both Houses from this place and a Copy of it to you and being desirous in order to that blessed Work to give you Our present sense upon the condition of Affairs as they now stand We have thought fit to appoint Sir John Barkley to repair unto you and to communicate the same to you and We shall be glad by him to receive a mutual communication of your sense also upon this Subject not doubting but you easily perceive by the late Disorders into what a depth of Confusion the Army and the Nation will fall if timely and effectual preventions be not used And therefore We have now again proposed as the only Expedient a Personal Treaty for the composing of all differences and fulfilling the desires of all Interests to which if you will imploy your Credit as you cannot but expect the Blessings of God upon your endeavours therein so you may justly look for the best return that ever Our Condition shall be able to make you Given at Carisbrooke Castle the 26. day of Novemb. 1647. His MAJESTIES Message to both Houses from Carisbrook Castle Dec. 6. 1647. To the Speaker of the House of Peers pro tempore to be communicated to both Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom He would have expected with more patience their leisure in acknowledging the receit of His Message of the 16. of November last But since there is not in nature any consideration preceding to that of Peace His Majesties constant tenderness of the welfare of His Subjects hath such a prevalence with Him that He cannot forbear the vehement prosecution of a Personal Treaty which is only so much the more desired by His Majesty as it is superior to all other means of Peace And truly when His Majesty considers the several complaints He daily hears from all parts of this Kingdom that Trade is so decayed all Commodities so dear and Taxes so insupportable that even natural subsistence will suddenly fail His Majesty to perform the Trust reposed in Him must use His uttermost endeavours for Peace though He were to have no share in the benefit of it And hath not His Majesty done His part for it by devesting Himself of so much Power and Authority as by His last Message He hath promised to do upon the concluding of the whole Peace And hath He met with that Acknowledgment from his two Houses which this great grace and favour justly deserves Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty To conclude If ye will but consider in how little time this necessary good Work will be done if you the two Houses will wait on His Majesty with the same Resolutions for Peace as He will meet you He no way doubts but that ye will willingly agree to this His Majesties earnest desire of a Personal Treaty and speedily desire His presence amongst you where all things agreed on being digested into Acts till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least Concession this Kingdom may at last enjoy the blessing of a long-wisht-for Peace From Carisbrook Castle Decemb. 6. 1647. MDâ—XLVII Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed Together with the Propositions sent unto Him at the same time which upon the passing of those Bills were to be Treated upon THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills which have passed the two Houses of Parliament thus severally Entituled viz. An Act concerning the raising settling and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed An Act for justifying the Proceedings of Parliament in the late War and for declaring all Oaths Declarations
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
Peers pro tempore and William Lenthal Speaker of the House of Commons My Lord and Mr. Speaker I Have received your Letter of the second of this Month containing the Names of those who are to Treat with Me and though they do not come at the time appointed I shall not wonder at first judging it too short in respect of My two Houses not of My self so that I did not imagine it could be kept as I then commanded Sir Peter Killegrew to tell you by word of Mouth and therefore it shall be far from Me to take Exceptions for their having elapsed the appointed time for God forbid that either my two Houses or I should carp at circumstances to give the least impediment to this Treaty much less to hinder the happy finishing of it I say this the rather because I know not how it is possible in this I shall wish to be deceived that in Forty days Treaty the many Distractions of these Kingdoms can be setled and if so it were more than strange that time enough should not be given for the perfecting of this most great and good Work which as I will not believe can be stuck on by the two Houses so I am sure it shall never be by Carisbrook 7. Sept. 1648. Your good Friend CHARLES R. I think fit to tell you because I believe in this Treaty there will be need of Civil Lawyers I have sent for My Advocate Rives and D. Duck. And afterward his Majesty desired the Persons named in this Note inclosed in a Letter of one of their Commissioners Novemb. 2. to be sent to Him C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Fern Dr. Morley The Propositions of both Houses being the same which had been presented to his Majesty at Hampton-Court and little differing from those which had been largely discussed in the former Treaties at Oxford and Uxbridg for this reason as also because neither Party did publish the particulars of this Treaty we have thought fit to represent only what is Authentick and therefore shall add only His Majesties fair Offers in order to a Peace His MAJESTIES Propositions 29. Sept. 1648. HIS Majesty did use many earnest endeavours for a Personal Treaty which he hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for a Peace which might put an end to His own sad Condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His Consent to the First Proposition But finding you are limited by Instructions which you have no Warrant to communicate unto Him and having cause by your Paper of the 20. of this present to believe that you have no power to omit or alter any thing though He shall give you such Reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties Reasons Expressions and Offers upon Debate cannot be fully represented and from whence their Answers cannot be returned without much wast of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties Presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good work now in hand may by God's blessing proceed more speedily and effectually to an happy Conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent That the Calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for Three years the Directory for the Publick worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for Three years by Act of Parliament the form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgement or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or form of Worship but have free practice of their own profession And that a free Consultation and debate be had with the Assembly of Divines at Westminster in the mean time Twenty of His Majesties Nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesome times divers of His Subjects have made Contracts and Purchases and divers have disbursed great Sums of Money upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal Estates for Lives or for Years at their choice not exceeding ninety nine years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Lease shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the Propriety and Inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof And the rest that shall be reserved to be for their maintenance His Majesty will give His Royal Assent for the better observation of the Lords day for suppressing 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 an Act against enjoying Pluralities of Benefices by Spiritual Persons and Non-residency and to an Act for Regulating and
People so as the Estates neither of Friends to publick Interest nor alone of inferior Enemies thereto may bear wholly the burthen of that loss and charge which by and for that Family the Kingdom hath been put unto Thirdly That Capital punishment be speedily executed upon a competent number of his chief Instruments also both in former and later Wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly That the rest of the Delinquents English may upon rendring themselves to Justice have mercy for their Lives and that only Fines be set upon them and their persons declared incapable of any publick Trust or having any voice in Elections thereto at least for a good number of years And that a short day may be set by which all such Delinquents may come in and for those who come not in by that day that their Estates be absolutely confiscate and sold to the publick use and their persons stand exil'd as Traitors and to die without mercy if ever found after in the Kingdom or its Dominions Fifthly That the satisfaction of Arrears to the Soldiery with other publick Debts and competent reparations of publick Damages may be put into some orderly way And therefore that the Fines and Compositions of Delinquents be disposed to those uses only as also the Confiscations of such who shall be excluded from Pardon or not come in by the day assigned Now after publick Justice thus far provided for we proceed in order to the general satisfaction and settling of the Kingdom First That you would set some reasonable and certain period to your own Power Secondly That with a period to this Parliament there may be a settlement of the Peace and future Government of the Kingdom First That there may be a certain succession of future Parliaments Annual or Biennial with secure provision 1. For the certainty of their sitting meeting and ending 2. For equal Elections 3. For the Peoples meeting to elect provided that none engaged in War against the Kingdom may elect or be elected nor any other who oppose this Settlement 4. For clearing the future power of Parliaments as supreme only they may not give away any Foundation of Common Right 5. For liberty of entring Dissents in the said Representatives that the People may know who are not fit for future Trusts but without any further penalty for their free judgements Secondly That no King be hereafter admitted but upon Election of and as upon Trust from the People by such their Representatives not without first disclaiming all pretence to a Negative Voice against the determinations of the Commons in Parliament and this to be done in some form more clear than heretofore in the Coronation Oath These matters of general Settlement we propound to be provided by the Authority of the Commons in this Parliament and to be further established by a general Contract or Agreement of the People with their Subscriptions therunto And that no King be admitted to the Crown nor other person to any Office of publick Trust without express Accord and Subscription to the same Four Queries propounded by His MAJESTY when the Armies Remonstrance was read unto him at Newport concerning the intended Trial of His MAJESTY 1. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety 2. Whether His acknowledgement of the Blood that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party 3. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistence in what is alledged against Him in that He goes on in a destructive course of Enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions 4. Whereas by the Letter of the Law all persons charged to offend against the Law ought to be tried by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead Letter seems to condemn him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme Power or Authority of Magistracy in the Kingdom His MAJESTIES Declaration concerning the Treaty and His dislike of the Armies Proceedings Delivered to one of His Servants at His Departure from the Isle of Wight and commanded to be published for the satisfastion of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of tyranny and oppression And hath not all the blood that hath been spilt these seven years been cast upon My Head Who am the greatest Sufferer though the least guilty And was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute Destruction to this Nation And what more speedy way was there to consummate those Distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their Capital Enemy But let the world judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of my poor distressed People much revived with the hopes of a Happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too litte to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been Imprisoned for making War and shall I now be condemned for making Peace Have I not formerly ruled like a KING and shall I now be ruled like a Slave Have I not formerly enjoyed the society of my dear Wife and Children in peace
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further That the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the Defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be