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 moneths the payment of 400000. pounds for the satisfaction of the Army And if those means shall not be sufficient his Majestie 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 Lands or other Ingagements his Majestie 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 Councellours 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 returning 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 setled upon his Majesty and his Successours 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 for 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 persons for adhering unto them and his Majesty proposeth â—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 satisfaction to his two Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Iustice 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 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 finde necessary to propose on his part he earnestly desires a personal Treaty at London with his two Houses in Honour Freedom and Saftety it being in his Iudgement the most proper and indeed only means to a firm and setled 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 His Kingdom of Scotland his Majesty will 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 C. Rex Islle of Wight 17. Nov. 1647. For the Speaker of the House of Peers c. And although the King is sufficiently alone from evil Councellours the Parliament have no minde that he should have any company and therefore send a Messenger with Warrants to seize those three Servants that waited on him thither But Hamond excuses them not to be delivered up to the Officer his reasons are truly noble and like a Souldier which he directs to the Speaker of the Lords House the Earle of Manchester My Lord Yesterday came an Officer with Warrants for apprehending c. And finding the matter of very great importance I have desired the Messenger to forbear the execution of his Warrants till I have given the Parliament to understand that in case they should be put in execution it would be impossible for me to preserve the person of the King in security to be disposed by the Parliament unless I should keep him close prisoner which I concieve neither fit nor safe for me to do especially of my self The ground being this The King hath declared himself to me 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 otherwise he would not have departed thence nor from the Army and that he chose this place rather than any other where he was at liberty that he might still continue under protection of the Army my self being a member thereof and that he might have free entercourse with the Parliament for the settlement of Peace to which he professes greater inclinations and desires then ever The King saith 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 My Lord besides the care I shall alwaies have of these Gentlemen they have engaged their Honours not to depart from me and truly were not their ends the same with their pretences in relation to the Peace of this Kingdom they would never have advised and conducted the King hither There will be none left here for his attendance which besides the offence how great the inconveniencies will be to him your
supposed they were but bugbears if you consult hereafter how they were beaten at Hereford put to flight at Marston Moor totally rowted by the gallantry and conduct of one Man in three several battales in Lancaster Dunbar and Worcester And lastly when they were put to it they have lately lost their Country and liberty and become conquered Vassals to the English whom at this time they so much despised But now the English Commanders condescended the sixteenth of October To a Cessation of Arms by Sea and Land from this present All acts of Hostility to cease Both parties shall peaceably return during the Treaty what soever they possess at the time of the Cessation All such persons in any of his Majesties forts beyond the River of Tees shall not exempt their Lands which lie within the Countries of Northumberland and the Bishoprick from such contribution as shall be laid upon them for the payment of eight hundred and fifty pounds per diem That none of the Kings forces upon the other side of Tees shall give any Impediment to such contributions as are already allowed for the Competencie of the Scots Army and shall fetch no victuals nor forrage out of their bounds except that which the Inhabitants and owners thereof shall bring voluntarily to them and that any restraint or retention of victuals cattel or forrage which shall be made by the Scots within those bounds for their Maintenance shall be no breach That no Recruit shall be brought into either Armies from the time of Cessation and during the Treaty That the Contribution of eight hundred and fifty pounds per diem shall be onely raised out of the Counties of Northumberland Bishoprick Towns of New-castle and Westmerland and that the non-payment thereof shall be no breach of the Treaty but the Countreys and Towns shall be left to the Scots power to raise the same but not to exceed the Sum agreed upon unless it be for Charges of Driving to be set by a Prisor of the Forage That the River of Tees shall be the Bound of both Armies excepting the Town and Castle of Stockton and the Village of Egistisse and the Countreys of Northumberland and Bishoprick to be the Limits within which the Scots Army is to reside having liberty for them to send such Convoys as shall be necessary for gathering up onely of the Contribution which shall be unpaid by the Counties of Northumberland and Cumberland That if any person commit any private insolence it shall be no breach of our Treaty if upon complaint made by either parties reparation and punishment be granted If Victuals be desired upon a price which shall be agreed upon and ready Money offered for the same and refused it shall be no breach of the Cessation to take such Victual paying such prizes No new Fortifications to be made during the Treaty against either parties That the Subjects of both Kingdoms may in their Trade pass to and from without any stay at all but it is particularly provided that no Member of either Army pass without a formal Pass under the hands of the General or of him that commands in chief But these were not all which the Scots meant to have and therefore time wasting here their chief Demands were transfered to a general Treaty to be proceeded in at London And here at this Treaty having the occasion of Freedom for either parties the Earl of Montross discovers his secret Faith and Loyalty to the King from the Confederacy with the Covenanters who had seized him at the first upon a mistaken ground and occasion which was thus At his Return formerly from his Travels in France where he had command of the Scots Guard and being recommended for the Kings favour and preferment to the Marquess of Hamilton who knowing his merit and unwilling to commend any Competitours with himself cunningly disswaded him laying some Scandals on the Kings intentions towards the Scots viz. of reducing that Nation to a Province and that the regret of his own private sufferings made him resent it only till time and opportunity And so having seasoned the youthfull Lord advises with the King how to receive him who he says is newly returned out of France with a purpose to serve his Majesty but being so powerfull and popular by his ancient Descent oâ— the royal Family in Scotland it were more necessary to keep him under with neglect And accordingly as to please Hamilton Montrose was brought to kiss the Kings hand who turned side-way from him with no more kindness And this confirming Hamilton's Design Montrose in malice poasts into Scotland where he found them fitted for his rancour with whom he becomes a Principal untill his conscience was convinced yet dissembled his Intentions untill the first onset upon English ground And now at York he found means by Letters to convey his Faith and Loyalty to the King which Letters were by Hamilton's means stollen at night out of the Kings Pockets copied out and communicated to the Covenanters at New-castle who concealed their Information labouring under hand to render the Earl odious to the People and thereby unserviceable to the King This was not the first nor last Exercise of the Bed-chamber men the most Scots not onely for the Covenanters but in prejudice of his secret Councils as hath been heretofore hinted to the King in the Case and Caution of the Arch-bishop concerning Andreas Not to trust your own Pockets with them The time for a Parliament approaching and the while not convened was conceived a kinde of retarding and so a grievance to the Subjects longing for a Parliament miserable without and happy with any and therefore being resolved on Tuesday the third of November an ominous Day in the time of Henry the eighths Parliament and thereof an Item was given to the Arch-bishop of Canterbury that the twentieth of Henry the eighth and third of November a Parliament was holden which began in the Fall of Cardinal Wolsey continued in the diminution of the powers of the Clergy and ended in the dissolution of Abbies and other Religious Houses and therefore advised the Arch-bishop for luck-sake as the Vulgar use to say to move the King to respit their sitting but to a day or two which he neglected and thereupon if not therefore this Parliament commenced with the Arch-bishop's ruine continuing in the dissipation of the remaining Rites of the English Clergy and ended in the subversion of Episcopal Government dissolution of all Capitular Bodies leaving the Cathedral of the Land without means for the time to come And hence is observed that when Pope Martin the third had besieged Furby that Guido Bonatus an Astrologer perswaded the People not to assault their Enemy before he gave the Signal and so they did and slew the besiegers with a great Victory But although the English Lords and Scotish were earnest for a Parliament to drive on their Design which afterwards appeared yet the King was much inclining also
Kingdom the number of them might very well be conformed unto the number of the several Rural Deanries into which every Diocess is subdivided which being done the Suffragan supplying the place of those who in the ancient Church were called Chorepiscopi might every moneth Assemble a Synod of all the Rectors or Incumbent Pastors within the Precinct and according to the Major part of their voices conclude all matters that shall be brought into debate before them To this Synod the Rector and Churchwardens might present such impenitent persons as by admonitions and supension from the Sacrament would not be reformed who if they should still remain contumacious and incorrigible the sentence of Excommunication might be decreed against them by the Synod and accordingly be executed in the Parish where they lived Hitherto also all things that concerned the Parochial Ministers might be referred whether they did touch their Doctrine or their conversation as also the censure of all new Opinions Heresies and Schisms which did arise within that Circuit with liberty of Appeal if need require unto the Diocesan Synod 3. The Diocesan Synod might be held once or twice in the year as it should be thought most convenient Therein all the Suffragans and the rest of the Rectors or Incumbent Pastors or a certain select number of every Deanry within the Diocese might meet with whose consent or the major part of them all things might be concluded by the Bishop or Superintendent call him whether you will or in his absence by one of the Suffragans whom he shall depute in his stead to be Moderator of that Assembly Here all matters of greater moment might be taken into consideration and the Orders of the monethly Synods revised and if need be reformed and if here also any matter of difficulty could not receive a full determination it might be referred to the next Provincial or National Synod 4 The Provincial Synod might consist of all the Bishops and Suffragans and such other of the Clergy as should be elected out of every Diocess within the Province the Arch-bishop of either Province might be the Moderator of this meeting or in his room some one of the Bishops appointed by him and all matters be ordered therein by common consent as in the former Assemblies This Synod might be held every third year and if the Parliament do then sit according to the act of a Triennial Parliament both the Archbishops and Provincial Synods of the Land might joyn together and make up a National Councel Wherein all Appeals from inferior Synods might be received all their Acts examined and all Ecclesiasticall constitutions which concern the estate of the Church of the whole Nation established The House of Commons could not digest the paiment of Tunnage and Poundage as a duty but as an Act durante some limited time of necessity and in 1628. had drawn up a smart Remonstrance therein which was prevented by Proroguing that Parliament then and continual hammering upon it ever since brought by Bill to pass it away from himself which Bill was brought up by Mr. Speaker to the Lords House and said thus to the King the two and twentieth of Iune That Policy most gracious and dread Soveraign which weighs prerogative and Propriety in the same scales and increases the plenty of the Crown and contentment of the People the even paising of the Beam enables both A principle creating belief in the Subject that not only their wills are bound to Allegiance but their Fortunes and Estates must bend to the Commands of their Soveraign Compulsory obedience by the Transcendent power of Prerogative will not support Government Affections and estates of the people tied with the threads of obedience by rules of Law fastens safety and prosperity to the Crown former Presidents of puissant Princes conclude the glory of their greatness to command the hearts of free-men That several Parliaments hove stampt the Character of a free guift upon the fore front of this aid as a Sacrifice of Thanksgiving for safe conduct of the Merchants and provision of the Navy Our hopes were long since to have settled this for the measure and the time and so to have presented it But as a Ship floting on a Rough sea and cast upon Rocks of fear and dangers tossed upon billowes of distraction and distrust of Church and Common-wealth hopeless ever to pass to the Haven without the hand of that sacred providence yet no division had power to distract any one of us from our duty to your Person To that end I am sent saies he by the Commons to present this as a Mark only of their inward duties untill a further expression of their affections The acceptation of this gift the largest ever given will joyn wings to our desires and hopes to our hearts never to return without that Olive leaf which may declare that the waters are abated and your Majesty may have full assurance of our faith and loyalty The King presently replies I do accept this office as a Testimony and beginning of your dutiful affections and that in due time you will perform your promises when you have leasure And I doubt not but you will see by the passing this Bill the trust I have in your affections and wish it reciprocal so yours to me By this I freely and franckly give over the right of my Predecessors and challenged and though disputed in their times but never yielded till now By which you see how I put my self upon my people for subsistance Rumors of Iealousies and suspitions by flying and Idle discourses have come to my ears But he understands them as having relation to the Scotish Army and preventing Insinuations which vanished in their birth which he leaves to them having of himself no design but to return the affection of his people by Justice and truth After many debates the Commons now resolving to be rid of the Scotish Army and the Charge of the English also passed a Bill of Imposing the Tax of Poll-Mony upon the people for having now the power of an everlasting Parliament they would by degrees inure the people to the Taxes and points which they meant in time hereafter to press upon them The Parliament therefore besides the grant of six subsidies had imposed a Tax seldome or never known which was that of the Pol-Mony wherein the whole Kingdome was to be assessed every Duke at 100. l. a Marquess at 80. l. Earls 60. l. Viscounts and Barons at 40. l. Knights of the Bath 30. l. Knights Bachelirs at 20. l. Esquires 10. l. and every Gentleman dispending 100. l. perannum at 5. l. and all others of ability a competent proportion the meanest head through the whole Kingdom was not excused under six pence which mony the Parliament made use of after This Bill of Poll-mony was offered by the House to the King with two other of great concernment the one for putting down the High Commission Court
be kept at Edinburgh the sixth of August next where we intend God willing to be personally present and thereafter a Parliament the twentieth of August and there an Act of Oblivion to be passed And that upon their disarming and disbanding of their forces dissolving and discharging all their pretended Tables and Conventicles and restoring to the King all his Castles forts and Ammunition as also his Royal honours and to every one of his good Subjects their Liberties Lands Houses goods and means whatsoever taken and detained since the late pretended General Assembly the King will presently thereafter recal his Fleet and retire his Forces and cause restitution of their Ships and goods since the aforesaid time And since hereby it appears His Majesty intends not any alteration of Religion or Laws He expects their dutiful obedience And he takes God to witnesse that whatever calamities shall ensue by his necessitated suppressing of the Insolent disobedience is not occasioned by him but by their own procurement The Articles of Pacification were these the seventeenth of Iune 1639. 1. The forces of Scotland to be disbanded and dissolved within twenty four hours after the agreement of the Kings Declaration 2. The Kings Castles for Ammunition and Royal Honours to be delivered after the said Publication so soon as he should send to receive them 3. His Ships to depart presently after the delivery of the Castles and in the mean time no interruption of Trade 4. All persons goods and Ships detained by the King since the first of November to be restored 5. No Meetings Treatings Consultations or Convocations of any of the Scots but such as are warranted by Act of Parliament 6. All Fortifications to desist and to be remitted to the Kings pleasure 7. To restore to every one their Liberties Lands houses goods and means whatever taken and retained from them by whatsoever means since the first of November last The eighteenth of Iune the Declaration was signed by the King and these Articles by the Scots with this submission IN Obedience to his Majesties Royal Commands Wee shall upon Thursday next the twentieth of June dismisse our Forces and Immediately thereafter deliver His Majesties Castles c. And shall ever in all things carry our selves like humble and loyal subjects Signed Rothes Dumfirmlin Lowdon Dowglas Henderson Iohnston Now to show how the Scots performed these Articles Observe 1. That at the Scots very publishing of these Articles of Pacification though so infinitely advantagious to them they meet them with their Protestation scandalous and dishonourable to the King 2. They published a scandalous paper Intituled Some conditions of His Majesties Treaty with His subjects of Scotland before the English Nobility are set down here for remembrance So untrue and seditious as was burned by the Hangman They kept in body diverse forces and in pay all their Officers The fortification at Lieth kept up intire as at first They did after the time limitted and expired continue their unlawful meetings upon matters of State Ecclesiastical and Civil contrary to the Laws and Acts of Parliament They enforce subscription of the subject to the late pretended Assembly at Glasgow contrary to the Kings Proclamation They brand all such persons as took arms for the King with the aspersion of Incendiaries and Traytors to God and their Countrey They protest that all the members of the Colledge of Justice and all other the subjects were nor to attend the Session and would null all their Acts as ineffectual 3. They come to a Parliament wherein they deny the most essential and inherent Prerogatives of the Crown striving to alter the constitutions of Parliament and frame of Government as appears by their first Act which was that nothing done or to be done in Parliament should be valid except the form of electing the Articles heretofore observed were altered contrary to former Parliaments and the power of the Articles which have been ever since King David Bruce more then 300. years for the Lords of the Articles prepare all business bring them to the Parliament as appears the fourth Parliament of King Iames the sixth cap. 218. and indeed for eschewing impertinent confusion all Propositions and Motions are to be delivered to the Clerk Register and by him presented to the Lords of Articles which now they will not endure They urge to confound the third Estate in Parliament of Bishops formerly called the first Estate which King Iames the sixth and all his Predicessours before and since the Reformation were careful to preserve as appears anno 1560. when all church Jurisdiction in the persons of Bishops is alleadged to be dissolved And in anno 1587. when all Temporalities of Benefices were annexed to the Crown the Clergy retained still their Vote in Parliament and represented the third Estate see the first Parliament of Iames the sixth 1587 1597. 1609. Nay by a special Act the eighth Parliament of King Iames the 6. It is declared treason to impugne the three Estates to procure the Innovation of the power and authority of the same 3. Estates or any of them and so these men are thereby now guilty of Treason And to the Act of Oblivion they seek to justifie themselves and all their former proceedings and urge an act of Iustification to be recorded in Parliament which in truth is contrary to the nature of an Act of Oblivion as appears in that Act of Oblivion 1563. And whereas by their Article of Pacification they were to restore to the subject Liberty Lands goods c. the binding part of the Act never intended it seems to restore Bishops and Ministers c. They urge that all Scots assistant to the King shall be made equal if not more lyable to the defraying of their pretended charge in the late Expedition so that in this point the King must not onely justifie his subjects Rebellion but contribute his consent to pay their wages Then consider their demands of the King in this Parliament 1. That the Coyn be not medled with but by advice of Parliament 2. No stranger to command or to inhabit in any Castles of the Kings but by their advice 3. No Honour to be granted to any stranger but such as have a competency of Land rent in Scotland 4. No Commissioner of Iusticiary or Lievtenancy but for a limited time They protest against the Precedency of the Lord Treasurer and Lord Privy Seal as not warranted by a positive Law And though these demands answer themselves in the Negative see what may be said to them 1. For the Coyn Certainly it is a prerogative peculiar to the Crown and in any other person High Treason as in all Kingdoms in the world 2. No doubt they malign at the English strangers In good sooth the English did resent the dishonour to have a poor Scot created an Earl of England without a foot of land or a groat in his purse to perk above an English Viscount at home in England 3. It
to have been abjured 3. That if they return to this Kingdom they be used as accursed and delivered over to the Devil and out of Christs body as Ethniks and Publicanes 4. That all evil Councellours be accusable and censurable at the next Parliament conform to the Statute of 4. Jac. and that all persons in this Kingdom entertainer and maintainers of Excommunicated Prelates be proceeded against with Excommunication conform to the acts of this Kirk 5. That seeing this Session or Term is now appointed to sit in prejudice of the people who have been busie for the late defence of their Religion and this Nation and now retired to settle their own affairs and not having fourty dayes warning as legally it ought to be and now but twenty to come Wee Protest that all the Members of the Colledge of Iustice and all other subjects ought not to attend this Session that all their Acts which they shall doe shall be voyd 6. Lastly We Protest to have liberty to inlarge this our Protestation and Reasons and thereupon the Earle of Dalhouse for the Lords Sr. William Rosse for the Barons the Provost of Sterling for the Burroughs and Mr. Andro Ramsey for the Ministers take Instrument hereof Edinburgh 1. July 1639. They that would excuse this Insolent impetuosity of proceeding in the Covenanters so early after the accord and so fair do affirm that by the endeavours which was lately used by the Commissioner Marquesse Hamilton to disunite as they call it and corrupt the chief and most leading Covenanters as namely Argyle Rothes Lindsay Monrosse Lowdon Sr. William Dowglas Mr. Alexander Henderson and others by allurements of great offices And that Argyle offered his Daughter in Marriage with Rothes and Ten thousand pounds portion and to remain forthwith and for ever to Rothes in case Hamilton failed of performance But the Scots meet at their time appointed the sixth of August the General Assembly at Edinburgh continuing till the twenty fourth and there made good to themselves the first Article of the Kings reference to his Commissioners former promise which were in particular Abolishing Episcopacy the five Articles of Perth High Commission Liturgy and Book of Canons And the Marquesse Hamilton designed with new Commission from the King to assent thereto and to Act in other things But he cunningly cast that Imployment upon Traquair whose jugglings together proved false and treacherous to all succeeding affairs of their Soveraigne For after the Assembly the Parliament being prorogued to the twenty sixth of August they then sit And at the beginning debate the Interests to the Election of the Lords of Articles The King heretofore named eight Bishops and they eight Noblemen and these sixteen elected eight Commissioners for the Sherifdoms and eight others for the Burroughs and Corporations And these thirty two and no more had the names of Lords of the Articles and were a Committee to canvasse and correct all Bills before they go to Vote And so the King not to be prejudiced in his Nomination by the avoydance of Bishops the Parliament yeelded to his Commissioner to chuse eight Noblemen for the present bnt voted that hereafter every State should Elect their own Commissioners Thus far they were forward for businesse but then how and in what manner to supply the vacancy of Bishops Votes and how to constitute the Third Estate The Commissioner urged for the King fourteen Laiks of such as were called Abbots and Priors to represent the third Estate which after some alteration was settled and voted into small Barons that represent the Commonalty and then fell upon abrogating former Acts of Indictions of Courts of Exchequer ward-Ward-lands and other things so peremptory to a kinde of Reforming all to a fresh new modeling of a Government of their own without reference to Regality the Commissioner had command from the King to Prorogue the Parliament until the second of Iune next against which they frame a Declaration to be of no effect without consent of Parliament and might sit still but in some shew of duty they for the present would make Remonstrance of their Propositions and proceedings and if by suggestions Informations and Imputations bad effects should follow the world should witnesse their constraint to take such courses as might best conserve the Kirk and Kingdom from eminent confusion And accordingly and as a consequence their Deputies the Earl of Dumfirmlin and the Lord Lowdon present their Remonstrance and the Commissioner Traquair came also to the King to give the account of all not before a select Committee of Councellours but the whole body of the Councel and to hear both parties with very fierce Reproofs Recriminations between them where the deputies their old impudent manner not at all qualifying any mistakes or oversights but absolutely insisting upon direct justification of all and every Act of both Assembly and Parliament in their transactions to the very not onely lessening of the Kings prerogative but over ruling if not destroying of all soveraign authority which nothing but power and force could reduce to moderation or reason and these passages made an end of the moneth September During these Scotish affairs about the middle of Iuly came over hither into England the Prince Elector who the last year had ill successe of his designe into Westphalia where he was beaten and his brother Rupert taken prisoner And now Duke Bernard a gallant Commander lately dead the Prince of Orange advised the Elector to procure assistance of his Uncle the King of England to get command of that Dukes Army And although our home affairs were in great necessity of support here yet the King upon his score encouraged him therein and withall dealt with the French Ambassadour Leiger here to procure his Master into a League of assistance with him Intimating so much to Cardinal Richlien the great manager of the French affairs and Councels and glad sayes one to serve his Majesty and Nephew Quite another way for though a Treaty therein was set on foot yet with no intent or policy in the Cardinal too much to further the effect and indeed but a by shift of our King for the present for how could Richlieu be righty perswaded to it being so lately hardly reconciled for the English account upon the Isle of Rhe and the relief of Rochel and from whence he took rise and resolution of revenge by plots and councels with the Scots in all their Rebellions against the King as you shall see hereafter And in truth even now whilst the Treaty the Palsgrave in November was treacherously advised even by the Cardinals designe to passe disguised through France to the Swedes army but discovered all the way first by our own Fleet at the Downs saluted with a voley of great Guns and so by the ship the like which landed him at Boullen for Paris and after to Lions where he was seized and denying himself arrested and as it was managed by the Elector very perfidious to the
scorn and the most hated man of all the Hierarchy where his turn came to be last devoured after he had eaten up some of his brethren The Earl of Strafford though in durance yet found friends abroad very active to serve him and accordingly it was the nineteenth day moved First That he might be bailed by divers Lords who offered caution But it was answered by the Lord Paget that it was against the Laws of the Land and the priviledge of the House and so passed the Major votes not to be admitted But was assigned Council and a solicitor in reguard of his restraint The one and twentieth one Iohn Iames son of Sir Henry Iames of Feversham in Kent a Romish Catholique stabbed Mr. Howard a Justice of peace of Westminster in Westminster-hall not unto death which was attempted because Mr. Howard had drawn a Catalogue of such Recusants as were within the Liberties of Westminster which he was to deliver up to the Committee of Religion for which fact Iames was secretly punished The eight and twentieth Mr. Pryn and Mr. Burton were conducted into London from their several Prisons in great pomp by many thousands of horse and foot with Rosemary and Bayes in their caps in despight and defiance of the course of Justice which had sentenced them and the third of December they presented their Petitions to the House of Commons for dammage against their Prosecutors This Parliament of Inquisition began to appear terrible to all that lodged but under suspition of guilt but insufferable to the conscience condemning which Sir Francis Windebank Secretary of State not able to bear having been questioned and mainly convinced for reprieving Iesuites and Priests and of worse matters suspected guilty got over into France where he remained to his death a professed Roman Catholique The seventh day unanimously in the Commons House was voted 1. That the Charge imposed upon the Subject for the providing and furnishing of Ships and the Assessments for raising moneys for that purpose commonly called Ship-mony are against the Laws of the Realm the Subjects right and property contrary to former resolutions in Parliament and the Petition of Right 2. That the extrajudicial opinion of the Iudges published in the Star-chamber and enrolled in the Courts of Westminster are in the whole and every part of them against the Laws of the Realm c. ut prius 3. That the writs commonly called Ship writs are against the Laws of the Realm c. ut pius 4. That the Iudgment in the Exchequer in Mr. Hamdens case is as to the matter and substance thereof against the Laws of the Realm c. ut prius And so was it voted in the House of Lords And the next day a Committe was appointed to draw up a charge of High Treason against such as had been abetters therein the Lord Keeper Finch and the rest of the Iudges But though the Parliament was thus severe against the legality of Ship-mony yet it is observed that amongst the best Lawyers the matter was justifiable ascribing much to the Judgment of that learned Lawer Mr. Noy who first preferred it Secondly All the Judges subscribing to it in time of danger of which danger the King was declared to be Judge Thirdly And being argued in the Courts of Justice and by all the Judges in the Exchequers Chamber it was definitively sentenced for the King 4. Nor was it voted down by Parliament but in a meer arbitrary way without review or Council heard as the Judges reason of their opinion so much as required 5. And yet the arguments of the two Justices Crock and Hutton for the Illegallity was by vote of the house of Commons put in print but the opinion of the other eight Judges which were for the legality of it continue suppressed which gave most men occasion to conceive the greater reason in those arguments which were kept in the dark 6. And in all this design to vote it down the Parliament was fain to have recourse to the King and to crave an act of Parliament to secure them from it for the future and to countenance their cause the Judges were impeached in order to the pretext not merit of punishment And now the eleventh of December Alderman lack-Lack-land or Pennington with some hundred at his heels a rable of petty Shop-keepers and Prentices presented their Citizens Petition subscribed by fifteen thousand pittifully perplexed at the Ecclesiastical Discipline and sundry Ceremonies of the Church of England which was wholly debarred but was transmitted till a cooler time And because it was thought sit to strike while the Iron was hot this Petition ushering in much worke of Reformation It was thought convenient to condemn the illegallity of the proceedings in the late Convocation and their Canons which being canvased on both sides the houses and all of one party few Arguments need to be urged where the prevailing sence of the House opposed and so resolved the fifteenth of December That the Clergy in a synod or Convocation hath no power to make Canons Constitutions or Laws to bind either Layity or Clergie without a Parliament And first next day that the Canons are against the fundamental Laws of this Realm against the Kings Prerogative Propriety of the Subject the Right of Parliaments and do tend to Faction and Sedition This Parliamentary Doctrine was but now newly known Convocations never before depending on Parliaments but either in calling or dissolving confirming or authorising the Acts thereof but onely on the King himself not in Parliament neither but in his Palace and this seems to be proved by the Statute 26 Henry 8. and the constant practice ever since And for the Canons before they were subscribed they were imparted to the King and by him communicated to the Lords of the Privy Council the Iudges the learned Council then attending and were read and approved without any thing therein tending to Faction and Sedition or to the prejudice of the Subjects propriety or the Kings Prerogative or the Laws of the Land yet the Parliament frame a Bill for fining all the Clergie of that Convocation keeping them in such aw as none did appear in maintenance of their Authority or in opposing those Incroachments and Innovations which daily were introduced upon them And as to the Civil Iudges for case of Ship-money so the Parliament proceed with the Ecclesiastick Arch-bishop of Canterbury against whom they form a Committee to draw up a Charge against him as the Framer of these Canons and for other supposed Delinquencies aggravated by the Scots adjoyning him with the Earl of Strafford in their grand Accusation as an Incendiary in this National Difference promising to bring in their Complaint but in the mean time Master Hollis on Friday is sent up with the Impeachment and is seconded the same day with the Charge of the Scots Commissioners upon the reading whereof he was committed to the custody of the Black Rod
and Figures within the Churches and afterwards from without suppressing the very Signs and Sign-posts and this curiosity of Imployment was conferred upon such as had least to do and could intend to be busied abroad Sir Robert Harloe was found out to be the fittest person which makes me remember Chaucer's Character of such another A busier man there never was Yet seemed busier than he was The King had given knowledg of his Resolution to journey to Scotland and to set out the tenth of August to which the Houses had agreed but now thus near they desire the King to put it off a Fortnight longer the great affairs of State necessarily requiring his presence and instanced in some Bills yet to be passed and some settlement for the Government of the Kingdom in his absence he told them the warning was so long since as that they might have hastened their business to that purpose And so the same day passed some Bills for Knighthood free making of Gun-pouder and Saltpeter and signed a Commission for passing Bills in his absence unto the Lord Keeper the Lord Privy-Seal the Earl of Lindsey Earl of Essex Marquess Hartford the Earl of Bath and the Earl of Dorset And signed to another Bill for the Earl of Essex General of all his Forces on this side Trent by which he had power to raise Forces in case of necessity but to that request that the Earl of Pembroke should be made Lord high Steward in the place of the Earl of Arundel now absent and the Earl of Salisbury to be Lord Treasurer he had no minde to either of them But the day before the King's Journey into Scotland and the Parliament serious in some sudden affairs of importance they were forced to lay aside the solemnity of this Day being Sunday and to sit from Morning till Night but not to bring it into President they publish in Print That for many urgent occasions they thought it necessary to sit and do declare so much that no inferiour Court or Council or any person may draw this into Example for their encouragement in neglecting the due observation of the Sabbath Sunday August 8. And then they adjourned untill the twentieth of October and a standing Committee of the House of Commons consisting of fifty Members appointed during the Recess But the King gone to Scotland the Parliament at leisure to frame business against his return such a Freedom and Liberty was taken up of the People and such connivance from the Parliament as somewhat like the late Comedy The World turn'd up side down Many Jealousies in the hearts of the People many Divisions and Differences in Opinion which little favour the Parliaments proceedings The Prelatical party utterly discountenanced and Learning discouraged the Universities neglected Orthodox men slighted A wonderfull liberty and licence afforded to the Communalty of a long time had now taken root and Riots too Every one as his fancy increased took upon him by connivance of several Members of several Opinions to countenance such who without other authority order or decency rudely and riotously disturbing Church-service in time of Prayers tearing the Book of Liturgy the Surplices and such things which the Parliament onely connived at being to use such a considerable party in time of need Ridiculous Conventicles and Preachings in Conventicles nay openly in corners of the Streets by Trades-men Tub-preachers to the general scandal of all good men In earnest to wise men and religious these courses were offensive and thereby grew disaffected to Parliaments but there were ways invented some were taken off by Preferments others deterred and most men distracted with these varieties exprest a Mutation and change of Church and State which after followed Insolencies and Disorders in the Populacy uncorrected or connived at grow up to Insurrections and Rebellions as with the late Actions of the Scots after whose Example the Irish Nation resolve of the like Freedom the one of Reformation the other of old ancient Popery National pretence either had but the effects of the former were soon smothered and pacified for the present but this other taking fire in time of our English Distractions which afforded them means and boldness to contrive the most horrid Rebellion in Ireland that after-ages will not easily believe It fell out in the Kings absence at Scotland and so we shall take up that time to enter the Reader in the former part of that miserable story and first of all to give some account of the Grounds and their rebellious pretences Somewhat we have said concerning the State of Ireland from the first Conquest of the English to these times of King Charls who highly indulged his Subjects there in this last Year 1640. upon their late Complaints and their general Remonstrance to him from the Parliament sitting at Dublin by a Committee of four Temporal Lords of the Upper House and twelve Members of the House of Commons instructed to represent the heavy pressures which they pretended to have suffered under the Government of the Earl of Strafford The King took their Grievances into his royal consideration heard them himself and presently provided for their redress And upon the decease of Master Wansford Master of the Rolls in Ireland and then Lord Deputy under the Earl of Strafford who still continued Lord Lieutenant of that Kingdom though then accused of high Treason and imprisoned in the Tower of London the King sent a Commission of Government to the Lord Dillon of Kilkenny West and Sir William Parsons Knight and Baronet Master of the Wards there but finding his choice of Dillon to be much disgusted by the Irish Committee that Commission was forthwith cancelled with their approbation he placed the Government upon Sir William Parsons and Sir John Burlace Knight Master of the Ordnance both of them persons of great integrity who took the Sword the ninth of February 1640. who applied them selves with all possible content to the People In abating the Subsidies there being given in the time of the Earl of Strafford from fourty thousand pounds each Subsidy to twelve thousand pounds a piece so low were they reduced and drew up two Acts in Parliament most impetuously desired by the Natives The one was the Act of Limitations which settled all Estates of Land there for sixty years preceding The other Act for the relinquishment of the Kings Right and Title to the four Counties in Conaught legally found for him by several Inquisitions and ready to be disposed of to Brittish Undertakers as also to some Territories in Munster and Clare upon the same Title And that the King might testifie his own settled resolution for his future grace and favours to them he did about the end of May 1641. declare the Earl of Leicester Lord Lieutenant General of Ireland perhaps upon the former score as Heir to his Uncle Sir Philip Sidney as to Sir Henry Sidney his Grand-father who had been Governour of Ireland in time
whereof six only were hanged Many treacherous designs of the Town Papists failed many Protestants fled to sea and although Docter Barnard their chief Minister had the conveniency offered him to be gon he would not desert his Congregation thin as they were telling them as St. Ambrose said to Iustina Non prodam lupis gregem mihi commissum hic â—ccide si libet At this time comes a competent strength of one hundred horse and ten hundred foot under command of Sir Henry Tichburn appointed Governour of the Town the fourth of November which the Catholiques resented coldly upon whom the Protestants had just suspition and therefore wearied succours were faine to stand Guard that Night And now it was time to name the Brat and call it a through Rebellion which till now was favoured with the interpretation of an Act of discontented Gentlemen Not long after the State added three companies of foot so beside the Town Arms they were compleat 1500. foot and 160. horse Not many nights after there was dropt in the street a faire Declaration of the Catholiques of Ireland framed upon presumption that the design contrived had been effected and by the way at each corner seems to have been fixed and this the most authentick that came to light Whereas we the Roman Catholiques of the Kingdom of Ireland have been continually loving and faithfull Subjects to his sacred Majesty and notwithstanding the several and heavy oppressions suffered by the subordinate Governments to the ruine of our lives honours and estates yet having some liberty of our Religion from his Majesty out of the affluence of his Princely love to us we weighing not corporal loss in respect of the great immunity of the soule are instantly resolved to infix our selves in an immutable and pure allegiance for ever to his royal Majesâ—y and successors Now it is That the Parliament of England maligning and envying any graces received from his Majesty by our Nation and knowing none desired of us as that of Religion and likewise perceiving his Majesty to be inclined to give us the liberty of the same drew his Majesties Prerogative out of his hand thereby largely pretending the general good of his Majesties Kingdoms But we the sad Catholicks and loyal Subjects to his Majesty do probably finde as well by some Acts to pass by them the said Parliament touching our Religion in which the Catholicks of England and Scotland did suffer as also by threat to send over the Scotish Army with the Sword and Bible in hand against us That their whole and studied Plots both was and is not onely to extinguish Religion by which we onely live happily but also likewise to supplant us and raze the name of Catholicks and Irish out of the whole Kingdom And seeing this surmise so dangerous tending absolutely to the overthrow of the liberty of our consciences and Countrey and also our gracious Kings power forced from him in which and in whose prudent care of us our sole quiet and comfort consisted and without which the fear of our present Ruines did prescribe opinion and premonish us to save our selves We therefore as well to regain his Majesties said Prerogative being onely due to him and his Successours and being the essence and life of Monarchy hoping thereby to continue a strong and invincible unity between his royal and ever happy love to us and our faithfull Duty and Loyalty to his incomparable Majesty have taken Arms and possessed our selves of the best and strongest Forts of this Kingdom to enable us to serve his Majesty and to defend us from the tyrannous resolution of our Enemies This in our consciences as we wish the peace of the same to our selves and our posterity is the pretence and true cause of our raising Arms by which we are resolved to perfect the advancement of truth and safety of our King and Countrey Thus much we thought fit in general to publish to the world to set forth our innocent and just cause the particulars whereof shall be speedily declared God save the King Upon the fifth of November the Lords and Council of Ireland sent their second Dispatch from Dublin unto the King in Scotland and several Letters also into England to the Parliament and Council and to the Earl of Leicester elect Lord Lieutenant setting down the particular Narrative of the Rebellion and so take together the success of both Dispatches The first Letters arrived at London the last of October and that Even were delivered and the next Morning the Upper House sent them down to the House of Commons by the Lord Keeper Privy Seal High Chamberlain Admiral Marshal Chamberlain the Earls of Bath Dorset Leicester Holland Berks Bristoll Lord Mandevil Say Goring Wilmot who had Chairs to sit while the Letters were read and so departed The House instantly resolved into a Committee and order That fifty thousand pounds be forthwith provided That the Lords be moved that Members of both Houses may declare to the City of London the present necessity to borrow fifty thousand pounds to be secured by Act of Parliament That a Committee of both Houses consider of the affairs of Ireland That Owen O Conally the Discoverer shall have five hundred pounds presently and two hundred pounds per annum Pension till provision of Land of Inheritance of a greater value That the persons of all Papists of quality in England be secured That no persons except Merchants shall pass to Ireland without Certificate from the said Committee To all which the Lords consented Then the House of Commons vote twenty thousand pounds for present supply A convenient number of Ships for guarding the Sea-coasts of Ireland That six thousand Foot and two thousand Horse be forthwith raised for Ireland and Officers to be appointed over them That Magazines of Victual be forthwith sent to Westchester to be sent to Dublin as occasion shall require That the Magazines now at Carlile be forthwith sent over to Knockfergus in Ireland That the Kings Council consider of a Pacification for Rewards to such as shall do service in Ireland and for a Pardon to such Rebells as shall submit within a time and of a Sum of Money for Rewards to bring in the Heads of the principal Rebells That Letters of Thanks be returned to the Lords Justices there That the Committee do consider how and in what manner to make use of Scotland here And a Bill to be prepared for pressing of Souldiers for Ireland An Ordinance passed for the Lord Lieutenant of Ireland to raise three thousand five hundred Foot and six hundred Horse and not to press our dear Brethren of Scotland any further than for one thousand Foot to pass from Scotland to the North of Ireland And Arms to be delivered out by the Master of the Ordnance out of the store for Ireland for eight thousand Foot and a thousand Horse Thus much was discoursed upon the first Letters And now upon the second Dispatch the Parliament voted two
of morning-stars so called terrible weapons on the walls A world of Crescets for lights to the Town An iron chain cross the River warning to all Neighbours to draw in their Corn and Hay which was prevented the Enemy at midnight firing the worth of 1000. l. yet some grain was with much hazzard brought in and fired all our out houses from sheltring the Enemy At the beginning of December the first fruits of Skirmish at St. Lawrence Gate and west Gate The Town â—allied out 350. foot and two Troops of Horse for securing some carriages sent out for Corn from the Green Hills within half a mile the Enemy having intelligence from within and met in the middle way in a mighty Fog standing in Batalia and numbred to be 3000. At their shout the English Officers advised to retreat and no sooner said but the horse in the Rear ran back to the Gates discouraging any supply to speed for their succour yet the Governour Titchburn in this confusion the more resolute alighted and led the Foot forwards to the Succour advanced the Shot to the Hill and placed the Pikes in the narrow passage of the Lane to open for the Horse and so soon made ready The Rebells by this time had charged twice without doing hurt but the Aid being come up they charged them so full and effectual that without standing to the shock they fell back and fled chased a Mile and more in sight of the Town Walls with loss of two hundred and not one of the English hurt Amongst the Dead were one priest and three Captains one of them near a Kin to the Earl of Tyrone with pillage of some money Cloaths and Arms very useful to the Assailants Such of them Prisoners were often ransomed and if returned were well fed by their Town-sisters and so fully supplied as if they had been Martyrs Those of ours from them had been crouded in Dungeons fed with Garbage and Offals Dogs meat without Salt or Fire with Cabbage-stalks or a Sheaf of Beans and being returned almost starved seldom recovered Such of the Town Souldiers that were Papists were so poysoned by the Priests that they stole over the Walls at Mid-night by Dozens But after their usual manner with affording us false Allarms The Enemy sent an extraordinary Embassage by a Frier one Father Darcy lately a Prior of the Dominicans in that Town his Companion was a Captain of his own name beating a parley was admitted to the Captain of the Port who received his Commission in effect That the General and Captains of the Catholick Army had sent Father Darcy with others to treat with the Governour und Captains of the Town of Drogheda to whom they were to give credit as in their Names desiring safe Conduct and Return under the Governours hand before they would enter But ere it could be considered the Frier upon the bare word of an Officer presents himself By which he was told the safety of his life yet being imputed to his inconsiderate Act not skilled in arms he had Audience And his Arrand no less than the absolute surrender of the Town for his Majesties use and service assuring them beside of such Projects and Forces by Land and Sea as would confirm it impossible to be relieved The Governour and Council told him of their Commission from the King of such a Date to defend it against them but if theirs were of a later Date from his Majesty or the Lords Justices they would submit In the mean time they were better able to keep the Town than the Countrey was to keep them No such distress within to admit of so mean a thought were it by Sword or Famine to endure the most extremity And so having this â—nswer to his Arrand he took leave giving to the Governour a Copy of the Oath lately taken by the Lords of the Pale and by the rest of the Catholicks I A. B. in the presence of Almighty God and all the Angels and Saints in Heaven promise vow swear and protest to maintain and defend as far as I may with my life power and estate the publick and free exercise of the true Catholick Roman Religion against all persons that shall oppose the same I further swear that I will bear faith and true Allegeance to our Sovereign Lord King Charls his Heirs and Successors and that I will defend him and them as far as I may with my life power and estate against all such persons as shall attempt any thing against their royal Persons Honours Estates and Dignities and against all such as shall directly or indirectly endeavour to suppress their Royal Prerogatives or do any Act or Acts contrary to royal Government as also the power and Priviledges of Parliament the lawfull Right and Priviledges of the Subject and every person that makes that Vow Oath and Protestation in whatsoever he shall do in the lawfull pursuance of the same And to my power as far as I may I will oppose and by all ways and means endeavour to bring to condign punishment even to the loss of life liberty and estate all such as shall either by force or practice Counsels Plots Conspiracies or otherwise do or attempt any thing to the contrary of any Article Clause or any thing in this present Vow Oath and Protestation contained So help me God Upon this the Governour and Council thought fit to draw up a Protestation and Oath as followeth The Protestation Whereas we are beset with such who pretend their Attempts in taking of this Town to be for the advancement of his Majesties service which notwithstanding is but a pretext to delude the vulgar we the Governour and Captains for the further manifestation and approbation of our loyalty and faithfulness to his Majesty by whose immediate command we are charged for the defence of his royal Title in it doth likewise hereby unanimously make this following Protestation and Oath The Oath To defend this Town against all outward and inward attempts whatsoever for his Majesties service And discover any Plot Conspiracie or Combination which may or shall come to my knowledge from without or within which may be any way intended to the prejudice of the whole Town or Governours and Council Nor consent that the Town shall be givâ—n up upon any pretence or cause whatsoever without the consent of the Governour and Officers or without the special command from his Majesty or chief Governour or Governours of this Kingdom But Master Mayor and Aldermen after time allowed for consideration utterly refused this Oath pretending that thereby they might hazzard the favour of a fair Quarter and two chief Officers papistical yet having taken the Oath and afterwards stealing over the Wall the one brake his Back the other his Neck and sundry others none escaped without Maims The Siege growing hot yet thâ— weather cold about the end of December friezing the River Boyn in one night a boy was taken very early upon the
cannot doubt of his Subjects affections for he acknowledges the joyfull reception at his now entring into London He bringing as perfect affections to his People as ever Prince did or as good Subjects can possibly desire and is as far from repenting any good that he hath done this Session that he resolves to grant what else can be justly desired in point of Liberties or in maintenance of the true Religion Particularly he commends unto them the state of Ireland the prâ—paratâ—ons going on but slowly which is the cause that two Lords are arrived from 〈◊〉 who come instructâ—d from his Council there to aâ—swâ—r that demanâ— which both Houses made by Petition that met him at Bâ—rwick and which the Duke of Richmond did send back by the Kings command to his Scotish Council Therefore desires the Houses to appoint a Committee tâ— end the business with these two Lords Then because no Jealousie should aâ—ise concerning Religion he settles his Command for obedience to the Laws ordained for that purpose and Proclaimes the tenth of December That Divine service be performed in England and Wales according to the Laws and Statutes and that obedience be given by all people to the same And that all Ministers Ecclesiastâ—cal and Temporal do put the said Acts of Parliament in due execution against all contemners and disturbers of Divine service and that no Persons Vicars or Curates introduce any Rite or Ceremony other then these established by the Laws of this Land And two daies after he publishes his Proclamation That all the Members of both Houses repair to the Parliament at or before the twelfth of Januâ—ry next for continuance thereof c. And being come He salutes them thus the fourteenth of December Because thâ—y delaied the consideration of thâ— most iâ—portant business Ireland he reminds them that at his last presence He recommended to them the lamentable condition of the affaires of Ireland and the miserable condition of the Protestants there That he will not wast time to tell them the detestation he bears to Rebellion in General and of this in particular but knowing that Deeds and not Declarations must suppress this great insolencie therefore he offers his paines power and industry to contribute to this necessary work of reducing the Irâ—sh to obedience That for the Bill for pressing of Souldiers lodged with the Lords but if it come to him he promiseth to pass it And because some had started the question into a dispute concerning the â—â—unds of the Kings prerogative herein He offers to avoide such dâ—bate that the Bill shall pass with a Salvo Jure both for King and People and concludes Conjuring them by all that is or can be dear to them or him to hasten with speed the business of Ireland No sooner said but they Petitioned Him with what they had in readiness for priviledge of Parliaments being their Birth rights Declaring with all duty and reverence That the King ought not to take notice of any matter in agitation and debaâ—e in either Houses 〈◊〉 by their Information Nor ought not to propound any Condition Provision or limitation to any Bill or Act in debate or preparation or to manifest or declare his consent or discent approbation or dislike beforâ— it be presented in course Nor ought to be displeased with any debate of Parliament they being Iudges of their own errors and offences in debating matters depending That these priviledges have been broken of late in the speech of his Majesty on Thursday last the fourteenth of December particularly in mentioning the Bill for Impress offering also a Provisional clause by a Salvo Jure before it was presented and with all they take notice of his Majesties displeasure against such as moved a question concerning the same And they desire to know the names of such persons as reduced his Majesty to that Item that he may be punished as they his great Council shall advise his Majesty The King seeing them setled in this posture and to doe nothing till the Kings answer satisfactory to their Petition He with some regret withdrawes to Hampton Court hoping that his absence might take off the occasion of presenting him with such Exceptions But the next day they apoint a Committee to follow him thither having had time enough in their recess and the Kings being in Scotland to form matter enough to perplex him for now they speak plain all the whole frame of Government is out of tune which they Remonstrate as the State of the Kingdome which they accompany with a Petition But there fell out an Accident in Scotland whilst the King was there concerning the two Marquesses Hamilton and Arguile upon some information that their Persons were in danger they both withdrew from the Parliament of Scotland and for some daies removed out of Edenburgh the suggestions were examined in that Parliament where they had power enough yet nothing was apparent to their prejudice and the examinations upon the whole matter sent hither by the King to the Parliament in England such strange glosses and interpretations were made upon that accident reflecting upon the King and his honour as if at the same time there had been such a design to have been acted here as they had fancied there And a suddain resolution was taken here first by the Committee during the recess after by the Houses to have a Guarâ— for the defence of London and Westminster and both the Houses of Parliament which made some impression in the minds of the best Subjects in a time when they were newly freed from the fears of Two Armies to be now again awakened with the apprehension of dangers of which seeing no ground they were to expect no end But matters thus stated and all possible cunning used by a faction and their Emissaries the Ministers at this time when the clamour was raised of the unlawfulness that the Clergy should meddle in temporal affaires were their chief Agents imployed to derive their seditious directions to the people And were for a week together attending the doores of both Houses to be sent in their errands to inforce the most desperate feares in the minds of all men that could be imagined and to be sure that the memory of former bitterness might not slacken They therefore provide for the Kings Intertainment against his return to London a Remonstrance of the state of the Kingdome herein laying before the King all the mistakes all the misfortunes which had happened since his first coming to the Crown and before to that houre forgetting the blessed condition notwithstanding the unhappy mixture which all the Subjects had enjoyed by peace and plenty under this King to the envy of Christendome Objecting to the King therein the actions of some nay the thoughts of others and reproaching him with things which he after professes never entred into his Imaginations not to his knowledge into the thoughts of any other therein reviling the King to the people and complaining of
Majesties person and Right against all Forces whatsoever and in like manner the Laws Liberties and Privileges of Parliament and of this Kingdom And I shall to my utmost power preserve and defend the peace of the two Counties of Devon and Cornvvall and all persons that shall unite themselves by this Protestation in the due performance thereof and to my power assist his Majesties Armies for reducing the Town of Plymouth and resistance of all Forces of Scots Invaders and others levied under pretence of any Authority of two Houses of Parliament or otherwise without his Majesties personal consent And hereupon they agreed upon several Articles in reference to the taking of this Protestation directed to all Sheriffs Constables Ministers of every Parish Church at the next general Meeting That the Army be governed according to his Majesties Articles That all such persons slain or as shall be slain in this VVar or die in the Service by whose life any other person held any other Lands or Rents the said other person shall grant an Estate or pay such Rents for life under such Covenants c. as to the person so slain and the Refusers to lose double value one half to the King the other to the party and to be imprisoned till payment That if any Minister shall refuse or neglect his particular duty in his Service or not reade the Kings Declarations or do any thing contrary to â—is Majesties Instructions to be secured and his Estate sequestred That there be provided a thousand Barrels of Powder and ten thousand Fire Arms at the charge of both Counties whereof Devon three parts and Cornvvall to be a fourth according to the proportion of the grand Subsidy The Earl of Manchester for the Parliament is as active in his Association having gone over all vvith a high hand came to the University of Cambridg being not yet resolved vvhether the Colleges and Halls be vvithin his Commission for Sequestration for clearing vvhereof the Parliament sent out their Ordinance That the Estates Rents and Revenues of the Colleges and Halls in the University of Cambridg are in no wise to be seized on but shall remain and be to the same University Colleges and Halls as if the Ordinance of Sequestration had never been made Which is most nobly done like true Patriots of Learning but then the next Proviso marrs all That if any part portion or dividend be due to any Head Fellow or Scholar in the said University being or which hereafter shall be a Malignant or Delinquent within any of the Ordinances of Sequestration then they shal be excepted from receiving any part or portion of his Allowance but shall be dealt with as it shall be ordered by the Earl of Manchester and none to be Receiver Treasurer or Bowser but such as shall be approved by him Sir Richard Byron Governour of Newark for the King understanding that the Adversaries vvere quartered at Harmiston and VVaddesdon three Miles from Lincoln sent out tvvo hundred and fifty Horse and some Dragoons under command of Sir Gervase Eyre vvho beat up their Quarters and took kill'd some but the reason having Quarter he carried avvay above three hundred Prisoners Horse and Arms. The King at Oxford vvith sufficient Friends to finish his civil affairs considered of the fitness and conveniency to assemble the Members of both Houses of Parliament at Oxford and having to that purpose the tvvo and tvventieth of December last by his Proclamation summoned them for this day the tvvo and tvventieth of Ianuary vvhere novv they met in the great Hall at Christ's Church vvhere his Majesty declared the occasion of his calling them together to be witnesses of his actions and privy to his intentions Telling them That if he had the least thoughtâ— disagreeing with the happiness of this Kingdom he would not advise with such Counsellors as they are And so they went to the publick Schools the Lords in the upper Schools and the Commons in the great Convocation-house Indeed he having renounced those Members that sate at Westminster he thought it fit to assemble such as he might confide in to vote and act as his proper Parliament countenanced with able Members the most ancient and most honourable Peers and very worthy Gentlemen not amiss to record them The Names of the Lords and Commons in the Assembly of the Parliament at Oxford Ianuary 22. 1643. Charls Prince Duke of York Cumberland Edw. Littleton C. S. Fr. Cottington Treasurer Duke of Richmond Marquess of Hertford Earls Lindsey Dorset Shrewsbury Bath Southampton Leicester Northampton Devonshire Carlile Bristol Barkshire Cleveland Rivers Dover Peterborough Kingston Newport Portland Visc. Conway Lords Digby Mowbray and Matravers Lords Wentworth Cromwell Rich. Paget Chandos Howard of Charlton Lovelace Savile Mohun Dunsmore Seymour Piercy VVilmot Leigh Hatton Iermin Carington Knights and Gentlemen Sir Iohn Fettiplace Sir Alexander Denton Sir Iohn Packington Thomas Smith Francis Gamul Iohn Harris Ioseph Iane. Richard Edgcomb I. Raleigh G. Fane P. Edgcomb VVilliam Glanvile Robert Hâ—burn Sir Ralph Sidenham Sir Fr. Godolphin Ger. Parry Ambrose Manaton Sir Richard Vivian Io. Palewheel Io. Arundel Thomas Lower Edward Hide VVilliam Allestry George Stonehouse Edward Seymor Peter St. Hill VVilliam Pool Roger Matthew Richard Arundel Ro. VValker Giles Strangways Io. Strangways Sir Thomas Helâ— Geraâ—d Nape Samuâ—l Turner VVilliam Constantine Henry Killegrew R. King Io. Dutton Henry Bret. VVilliam Chadwell Theo. Gorges Io. George Thomas Fanshaw Humph. Conningsby Richard Seaborn Arthur Ranelagh Thomas Tomkins Sampson Evers Io. Culpeper Ieffrey Palmer Io. Harison Thomas Fanshaw Roger Palmer Sir Orlando Bridgman VVilliam VVatkins Iohn Smith Sir Thomas Bludder Edward Littleton Harvie Bagot Richard Leveson Sir Richard Cave Sir Richard VVeston Richard Lee. Thomas VVhitmore Edward Acton C. Baldwin R. Goodwin Thomas Howard Thomas Littleton Robert Howard Io. Meux Matthew Davis Fr. Cornwallis Thomas Germin Io. Tailor VVilliam Basset VVilliam Pateman Edw. Ridney Thomas Hanham Edw. Philips Io. Digby Edw. Kirton Chr. Lewkin Edw. Alford Io. VVhite Io. Ashburnham VVilliam Smith Thomas Leeds I. Thin VVilliam Pledel Ro. Hide Edw. Griffin VValter Smith George Lowe Richard Harding Henry Herbert Endimion Porter Samuel Sandys Iohn Bâ—dvil William Morgan William Thomas Iohn Mistin Henry Bellasis Knights and Gentlemen George Wentworth William Malory Richard Aldbury Io. Salisbury William Herbert William Price Io. Price Knights and Gentlemen R. Herbert Charls Price Philip VVarwick Thomas Cook Herbert Price Io. Whisler These Peers then disabled by several Accidents appeared since Viscount Cambden Lord Abergaveny Lord Arundel Lord Capel Lord Newport Peers imployed in his Majesties Service Marquesses Winchester VVorcester Newcastle Earls Darby Huntington Clare Marlborough Viscount Falkonbridg Lords Morley Lords Darcy and Coniers Sturton Everâ— Daincourt Pawlet Brudenel Powesse Herbert of Cherbury Hopton Loughborough Byron Vaughan VVithrington Peers absent beyond Seas Earl of Arundel Earl of Saint Albans Lord Viscount Mountague Viiscount Strafford Lord Stanhop Lord Coventry Lord Goring Lord Craven of Hamsted Lord Craven of Ryton Peers
monies thereto for maintenance may be as the Parliament shall think fit The like for Scotland An Act for setling all forces by Sea and Land in Commissioners to be named by Parliament and as both Kingdoms shall confide in and to Suppresse all powers and forces contrary hereto and to act as they shall be directed by Parliament So for the Kingdom of Scotland That the Militia of the City London and of the Parishes without London and the Liberties within the weekly Bills of Mortality be in the Lord Mayor Aldermen and Common-council That the Tower of London may be in the Government of the City and the Chief Officers those be nominated and removable by the Common-council That the Citizens or forces of London may not be drawn out of the City without their own consent and that the example in these distracted times may be no Precedent for the future The next three dayes began the 7. of February and the same was also taken up again Feb. 18. for other three dayes for Ireland That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties of the Rebells without Consent of Parliment and to settle the prosecution of the War of Ireland in the Parliament to be managed by the joynt advice of both Kingdoms and his Majesty to assist and to do no act to discountenance or molest them therein But the Kings Commissioners were so far from yeilding to this Proposition that they had intimation from the King how he was ingaged for Ireland having two dayes before in great earnest writ to hasten the Peace in Ireland in these words Ormond I cannot but mention the necessity of hastning the Irish Peace But in case against all expectation and reason Peace cannot be had you must not by any means fall into a new rupture with them but continue the Cessation c. for a year for which you shall promise them if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time my condition may be such as the Irish may be glad to accept lesse or I be able to grant more 16 February 1644. Oxford By those Letters the mystery is opened why the King is so violent for Peace with the Irish but this was tenderly treated by the Kings Commissioners and well they might be willing to shadow these designs if they were acquainted with the bottom which few could fathom In general the Kings Commissioners had upon the matter of the Parliaments Propositions consented unto many particulars and alterations of great Importance and complain that the other have not abated one title of the most severe of their Propositions nor have offered any prospect towards Peace but by submitting totally to those Propositions which would dissolve the Frame of Government Ecclesiastical and Civil In the matter of Religion the Kings Commissioners offered all such alterations as they conceived might give satisfaction to any Objection that hath or can be made against that government with their reasons why they cannot consent to the Propositions but if consented unto could not be in Order to Reformation or publique Peace And though in the Parliaments Covenant enjoyned to be taken by the King and all his Subjects they undertake the Reformation in Government and in Doctrine too thereby laying an imputation of Religion it self yet the Parliaments Commissioners have not given the other the least Argument nor the least prejudice to the Doctrine of the Church of England Nor given any view in particular of what they would propose to be abolished And therefore the Kings Commissioners offered That if the Articles proposed by them did not give satisfaction that then so great an alteration as the total abolishment of a Government established by Law may for the imparlance of it and any reformation in Doctrine for the scandal of it be suspended till after the Disbanding of all Armies the King may be present with the Parliament and calling a National Synod may receive such advice both from the one and the other as may be necessary and as any Reformation thus calmly made must needs prove for the singular benefit so whether the contrary that is an alteration even to things though in themselves good can by the principles of Christian Religion be enforced upon the King or Kingdom In that of the Militia Though the Parliaments Commissioners did not deny that the apprehensions of danger are mutual and that the chief end of depositing the Militia into the hands of certain persons is for securitie against possible dangers Yet they did insist that those persons should be nominated by the Parliaments of England and Scotland and that the time of that great unheard of Trust shall be in such manner that though it seems limited for seven years yet in truth it shall not be otherwise exercised then as the King and Parliament shall agree and he may thereby be totallie divested of the Sword without which he cannot defend himself from Foreign or Domestick or protect his Subjects Add to all that Scotland professing distinct and different Laws shall yet have a great share in the Government of this Kingdom Instead of consenting to these Changes the Kings Commissioners proposed That the persons to be Trusted with the Militia may be Nominated between them or that an equal number the one half by the King the other by the Parliament and all those to take Oath for the due discharge of that Trust so their securitie being mutual neither can be supposed to violate the agreement the whole Kingdom being eye-witnesses of the failing And as it is reasonable that for this security the King parting with so much of his own power as makes him unable to break the Agreements so it is most necessary when the apprehension of all danger of that breach be over that then the Soverain power of the Militia should revert and be as it hath alwaies been in the Kings proper Charge And therefore the Kings Commissioners proposed that the Trust should be for three years a time sufficient to produce a right understanding of both sides and if any thing else material may be necessary to be done that the same may be considered after the Peace setled But in all that this Kingdom may depend of it self and not of Scotland as Scotland shall without advice of this Kingdom Concerning Ireland The Parliaments Commissioners proposed that the King Nul this Cessation made by Royal Authority The Lords Justices and Councels desires and for the preservation of the remain of the poor Protestants there from Famine and Sword And to put the whole War Militia and Government of Ireland into the hands of the Scots General by advice of a Ioint Committee of both Kingdoms wherein each to have a Negative voice To which the Kings Commissioners acquainted them with the just Grounds of the Kings proceedings in that businesse of Ireland which they conceived might satisfie all men of his
hath to dispose of the King of England if he were in Scotland That he came voluntarily and continues voluntarily That the Scotish Armies are not tied to be subject to the Resolutions and Directions of the either Kingdom but of both jointly The Scots say It is a fundamental Right and Libertie c. That none can without consent impede or restrain the Scotish King from coming amongst them to perform the Duties of a King Under which the Scots cover over their act of Admission and Reception of his person And in opposition to the Votes of Parliament the Scots say It is one thing what the Parliament of England might have done in another Cause and War before their Engagements and Covenant it is anther thing what ought to be done after such Conditions and Ties imposed c. That the ends of the Covenant are not to be prosecuted by the two Kingdoms as they are two distinct Bodies acting singly but they were united by solemn Covenant made to Almighty God and by League each to other as one entire Body to prosecute the Cause That if the Scotish Army should deliver up his Majesties person without his own consent c. this act of the Army were not agreeable to the Oath of Allegeance obliging them to defend his Majesties person from all harms and prejudices nor to the solemn League and Covenant which was not intended to weaken but to strengthen the mutual Allegeance c. whom therefore the Scotish Army cannot deliver to be disposed of by any others at pleasure The Scots do assert That the King coming voluntarily to their Army they cannot in duty deliver him against his will to the two Houses of Parliament without the consent of the Kingdom of Scotland The place of the Kings Residence is at his own Election in either of the Kingdoms as the exigence of affairs shall require and as he shall think fit or else must be determined by the mutual consent and advice of both Kingdoms And much more to this effect which was scoffingly answered somewhat impudently in a Pamphlet intituled An unhappy Game at Scotch and English wherein says the Title their Scotch Mists and Fogs and Gain-sayings their Iuglings their Windings and Turnings hither and thither backwards and forwards and forwards and backwards again their Breach of Covenant Articles and Treaties their King-craft present Design against the two Houses of Parliament and People of England their Plots and Intents for Usurpation and Government over us and our Children detected discovered and presented to the view of the World as a dreadfull Omen Allarm and Warning to the Kingdom of England Then follows Scripture-proof Ier. 5. 4. And although they say the Lord liveth surely they swear falsly Hosea 10. 3. They have spoken words swearing falsly in making a Covenant thus Iudgment springeth up as Hemlock in the Furrows of the Field EDINBURGH Printed as truly as the Scotch Papers were at London by Evan Tyler Printer to the Kings most Excellent Majesty and are to be sold at the most solemn Sign of the two Houses of Parliament 1646. Then in the Pamphlet he recites a pretended Argument of the Scots Argument The two Houses of Parliament have voted the Disposal of the Kings person as they shall think fit Ergo The Scotch Armies may not deliver up his person to the said two Houses for fear of harm to his person Which Argument he retorts upon them thus Argument 1. My gude Lord Lesley says he came to Monsieur Montril Ambassadour for France residing at Southwell there to commune with the King Ergo My gude Lord Lesley fell down on his knees resigned up his Sword and laid it at the feet of the King and then received it again of the King Argument 2. My Lord of Northumberland and Sebran the French Agent looked through an Hedg and the one saw the other Ergo They two are both nigh of a kindred Now having says he sent you a pair of brave Scotified Arguments wee 'l throw an English Bone after them for your Armies to gnaw upon Argument Sir John and the King are skipt on the Colt of an Ass. But the King and the Scots have agreed on their Lots Ergo When the King hath got all hee 'l turn our Brethren to grass And so runs on in an impudent jearing non-sense way not able to answer the reasonable Arguments of the Scots in that point But of this Injury the Commissioners complain to the Parliament and had no Remedy It was the eighth of December before the Money could be procured for the Scots Army raised out of the Sale of Bishops Lands and other the Lands of the Church for from that Sacrilege they must have their Rewards and Payment of the first two hundred thousand pounds upon these terms viz. That the two hundred thousand pounds is to be told at York and one hundred thousand pounds thereof to be paid at Northallerton within five Days after it is told That when that Money comes to Topcliff the Scots shall give Hostages that they shall quit all tâ—â—ir Quarters Possessions and Garisons on the South side of Time and of Newcastle and Tinmouth with all the Arms c. within ten Days upon which performance the Hostages to be redelivered Upon the Delivery of the Garisons on the South side of Tine and Newcastle Tinmouth c. the Kingdom of Scotland shall have Hostages upon re-delivery of theirs for assurance that the other one hundred thousand pounds shall be paid on the North side Newcastle within a Mile of the Works within eight Days after the quitting Newcastle Tinmouth c. and all the Forces to be drawn on the North side of Tine Upon the Delivery of the other hundred thousand pounds on the North side of Newcastle our Hostages to be delivered to us And upon the coming of the Money out of Newcastle Hostages are to be delivered to us That their Army do march out of the Kingdom Barwick Carlisle and the Garisons of Scotland slighted within ten Days after the Payment and the Hostages then to be delivered back For the Payment of the other two hundred thousand pounds the Scots Commissioners desired That it might be paid out of the sale of Delinquents Estates or setled by some other particular security But the Parliament would give no other security but the Publick Faith of the Kingdom for the same Nine hundred pounds was allowed to the Tellers of this first two hundred thousand pounds Sixteen thousand pounds were allowed for the Charges of the Carriages and conveying this two hundred thousand pounds to York which was just six and thirty Carts laden from London the sixteenth of December And instantly an Ordinance passed in Parliament That all such persons as shall hereafter raise Forces against the Parliament of England or either House of Parliament or their Forces shall die without mercy and have their Estates confiscated What Mass of Moneys were issued out by Parliaments Order for although they had all in
that your scope is the maintenance of the Laws those Laws must be derived to us and enlivened by the onely supreme Governour the Fountain of Iustice and the Life of the Law the King The Parliaments are called by his Writs the Iudges sit by his Patents so of all Officers the Cities and Towns Corporate govern by the Kings Charters and therefore since by the Laws I cannot be by you examined I do refuse to answer David Jenkins April 10. â—1647 And forthwith he publishes a Discourse in print concerning Treason Murder and Felony that any person committing either of them hath no assurance of Life Lands or Goods without the Kings pardon 27 H. 8. cap. 24. The King is not virtually in the two Houses at Westminster whereby they can give pardon to these offences The Parliament in their Declaration November 28. last to the Scots Papers say That the King at this time is not in a condition to govern and it is impossible that they should have a virtue from the King to govern which they declare he hath not himself to give The Law of the Land is 5 Eliz. cap. 1. That no person hath a Voice in Parliament before he take Oath that the King is the onely and supreme Governour How does this Oath agree with their Declaration By the one it is sworn He is the onely supreme Governour and by the other that he is not in a condition to govern so they swear one thing and declare the contrary at the same time The Parliament say that the Parliament are the onely supreme Governours in default of the King for that he hath left his great Council and will not come to them and yet he desires to come and they will not suffer him but keep him Prisoner at Holmby That there is no point of Government but for some years past they have taken to themselves and used his Name onely to deceive the People They have sent Propositions to Oxford to Newcastle to be signed by him What needs this ado if they have the virtual power with them at Westminster To say that his virtual power is separate from his person is high Treason See Coke in Calvin's case fol. 11. And setting down the Traitours Arguments of that time they were condemned in Edw. 2. called Exilium Hugonis le Spencer and the other in 1 Edw. 3. cap. 2. That the two Bodies Natural and Politick make but one Body and not divers is resolved 4 Eliz. Plowden Com. fol. 213. by Catlin Dier Sanders Rastal Brown Corbet Weston Frevil Carve Powdrel Gerard Carel Plowden the most learned men of our Law in that Age. That no Act of Parliament bindes the Subject without the assent of the King either for Person Lands Goods or Fame The styles of the Acts in Print from 9 H. 3. to 1 H. 7. And since his time it continues thus so that alwaies the assent of the King giveth Life to all as the Soul to the Bodie He is called by our Law-books the Fountain of Iustice the Life of the Law Mercie as well as Iustice belongs onely to the King 2 H. 4. Mr. Pryn in his Treatise of the great Seal saies as much See 27 H. 8. cap. 24. Queen Elizabeth summoned her first Parliament to be held Jan. 23. 1 Eliz. and the Parliament accordingly assembled but she being sick it was prorogued till the 25. of the same and it was resolved by all the Iudges that the Parliament began not till the said 25. Day They have the King a Prisoner at Holmby and yet they govern by the virtual power of their Prisoner a meer deluding Fiction All these he will justifie with his Life and takes it for an Honour to die for the Laws of the Land David Jenkins April 29. We must confess that H. P. a Barrister of Lincolns Inn made a slight Answer to Ienkins but being ashamed to set down his Name we will not trouble the Reader with it but leave it to the Lawyers But this man endured from time to time strict Imprisonment in most of the Goals at London was arreigned at the Sessions in the Old Baily at the Kings Bench Bar and where not and is now at liberty legally answering to all the Exceptions against him We enter this year with the military affairs of the English Army for the Scots are gone modelled into less and sixty thousand pounds a Moneth setled for their pay as also for the Transport and Maintenance of these to be imployed into Ireland viz. eight thousand Foot and two thousand Horse And in these Commissioners are appointed to treat with the General at Saffron Walden in Cambridgshire and the Advance-money was borrowed of the City no less than two hundred thousand pounds The Officers met five and fourty of them and resolve That they were not resolved concerning the engaging in the Service of Ireland with those under their Command yet they shall be ready to further and advance it amongst those under their Commands But conclude in four Questions 1. Under whose Conduct in chief those who are to engage for Ireland shall go 2. What particular Forces of this Armie are to be continued in England 3. What Assurance of Subsistence and Pay to those that engage for Ireland during their stay there 4. When shall the Armie receive their Arrears and Indempnitie for past Services in England And thus heated a Petition is drawn into Heads For provision for Indempnitie the Arrears to be paid that the Foot Souldiers may not be prest out of the Kingdom nor Horsmen compelled to serve on Foot their Widows and Children to be relieved and untill the Armie be disbanded that they may receive Pay to discharge Quarters and not to burden the Countrey To this Petition were Subscribers increasing daily into Thousands and to be preferred by Lieutenant General Hamond Colonel Hamond Ireton and Rich and others who are sent for to the Parliament and ere they come the Parliament declare Their high dislike of that Petition and their approbation and esteem of their good Service who first discovered it but if the Subscribers forbear to proceed any further therein they shall be retained in the Parliaments good opinion and that those who shall continue in their distempered condition shall be proceeded against as Enemies to the State But all things were pieced for the present and not till the General was angry who sends a Letter to some Members and to this effect That there is another Petition on foot in the Countie of Essex against this Armie and which was read in several Churches yesterday by the Ministers to get Hands thereto The Souldiers specially the Horse are much troubled at this and crie out Why may not we petition as to see Petitions subscribed in an indirect manner against us and that under our Noses The Horse here about talk of drawing to a Rendezvouz to compose something of Vindication c. Walden April 5. And this Essex Petition was framed at London and sent
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 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 Majesties Answer is that he hath been alwaies ready to prevent the practises of Papists and therefore is content to passe 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 Lords Day for the suppressing of Innovations and those concerning the Preaching of Gods Word and touching Non-Residence and pluralities and his Majesty will yeild to such Act or Acts as shall be requisite to raise monies 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 tirminis 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 divesting 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 then 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 alwayes 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 chang 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 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 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 Persons and Families otherwise exposed to ruin 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 Seale his Majesty is very willing to confirm both it and all the Acts done by vertue thereof untill this present time so that it be not thereby pressed to make void those Acts of his done by vertue 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 ninteenth Article his Majesty when he shall come to Westminster will gratifie his Parliament all that possible 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 Soveraigne there solemnly to confirm the same and Legally to passe 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 Holmby May 12. 1647. The Commissioners sent down to the Army return this Accompt That they had sent to the Army the result of the Parliament for the addition of fourteen dayes pay more and the Act of Indempnity to the Officers But the Parliament Voted That all the Forces of this Kingdom not subscribing for the service of Ireland shall be disbanded excepting those for the continued Garisons and to be referred to the Committee of Derby House to consider of the time when that the General now at London
the Army hereabouts the charge thereof shall be laid upon them and their Adherents about the City That the Parliament would consider of their Delinquencie that had a hand in the late Tumult Engagement and Design of a new War that they may be fined according to Iustice. That the Army will dispose themselves for the Levying the money required in case speedy advancement be not made The City seemed hide bound and underhand it was conceived that the Army was too high to be hindered from being their own carvers The Army suspect that they are too well understood And therefore not to drindle any longer And in plain terms Represent their desires to the Parliament with a Letter from the General and his Councel Remembring them that in their former Declaration from St. Albons it was expressed in General for setling and securing the Kingdom In order to which they presented their Proposals and in pursuance thereof having set forth what their desires are as Members of the Common-wealth They now desire those things which concern themselves as Souldiers and of satisfactions in relation thereto to be taken into speedy consideration by the Parliament In brief That a Committee of the Parliament may reside in the Armie to audite their Accounts of the Armies Arrears and to give Debenters as well for the pay respited upon the Publick Faith as otherwise for their service under this General or any other respective Commanders in the Parliaments Service which is to be made an unquestionable debt That Bishops Dean and Chapters and Forrest Lands may be sold for payment of the Armies Arrears That an Ordinance be passed that no person that is or shall be in this Army shall not be impressed to any Foreign service nor any Horseman be ever forced to serve on Foot in any future case An Act to pass for Prentices Freedom that have served the Parliament and provision for their maimed Souldiers Widows and Orphans An Act for Indemnity of Souldiers for any Action Petition or Papers agreed at Waldon in March last or any thing else in relation to the Army This begat serious consideration of the Parliament and present payment of 30000. l. and their gratuity to the Army and the moneths pay and all these from their own Treasurers and for the present they could but leavy the Arrears due from the City which was done with wonderful regret Propositions of Peace were now finished the consent and approbation of the Estates of Scotland returned and so they are speeded to the King at Hampton Court 7. Septemb. by the Commissioners the Earl of Pembroke the Lord Mountague Sir Iames Harrington Sir Io. Cook Sir Io. Holland and Major General Brown for the Parliament and the Earl of Lotherdale and Sir Charls Erskin for the Scots And though the Propositions were long the King told them they should have a speedy Answer which he delivered to them in writing the next day C. R. His Majestie cannot chuse but be passionatelie sensible as he believes all his good Subjects are of the late great distractions â—nd still languishing and unsetled state of this Kingdom and he calls God to witness and is willing to give Testimonie to all the world of his readiness to contribute his utmost endeavours for restoring it to a happy and flourishing condition His Majestie having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his conscience and honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of affairs than when they were formerly presented unto him as being destructive to the main principal interests of the Army and of all those whose affections concur with them And his Majestie having seen the proposals of the Army to the Commissioners from his two Houses residing with them and with them to be treated on in order to the clearing and securing of the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace To which proposals as the conceives his two Houses not to be strangers So he believes they will think with him that they much more conduce to the satisfaction of all interests and may be a fitter foundation for a lasting peace than the propositions which at this time are tendred unto him He therefore propounds as the best way in his judgement in order to a peace that his two Houses would instantly take into consideration those proposals upon which there may be a personal Treatie with his Majestie and upon such other Propositions as his Majestie shall make hoping that the said proposals may be so moderated in the said Treatie as to render them the more capable of his Majesties full concession wherein he resolves to give full satisfaction to his people for whatsoever shall concern the Protestant profession with liberty to tender Consciences the securing of the Lawes Liberties and properties of his Subjects and all the just Priviledges of Parliaments for the future and likewise by his present deportment in this Treaty he will make the world clearly judge of his intentions in matters of future Government In which Treaty his Majestie will be well pleased if it be thought fit that Commissioners from the Army whose the proposals are may likewise be admitted His Majestie therefore conjures his two Houses of Parliament by the duty they owe God and his Majesty their King And by the bowels of Compassion they have to their fellow Subjects both for relief of their present sufferings and to prevent future miseries that they will forthwith accept of this his Majesties offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions his Majestie will very willingly Treat upon those particulars with the Scotish Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom At Hampton-Court the 9. of September 1647. For the Speaker of the House of Peers pro tempore to be communicated c. By this Answer we see the King is catchâ—t to comply with the Army rather in their Proposals for setling of a peace 1. Aug. for now the design is working In order thereto Colonel Hamond is sent down to be Governour of the Isle of Wight an Item to the great fate that followed And the Kings Answer is Voted a flat denial That the King denies in his Answer to give his assent to the Propositions and that the King and those about the King shall speedily be taken into consideration Then after a dayes time to consider they debate Whether to adhere to the Propositions or fall upon the Proposals or have a personal Treaty with the King or not or whether to send the Propositions again to the King But after debates they resolve To fall upon the settlement of the Kingdom by
at Carisbroke Castle The King not to be wanting to the Common-wealth sends his Message to the Parliament and therein Concessions even beyond the hopes of most men and Arguments also why he could not assent to the late Propositions and desires a personal Treaty resolving to neglect any thing of his own Right to redeem the Peace of his people C. R. His Majesty is confident that before this time his two Houses of Parliament have received the Message which he left behind him at Hampton Court the eleventh of this moneth 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 Majestie will begin with that particular That for the abolishing Arch-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 judgement that this order was placed in the Church by the Apostles themselves and ever since that time hath continued in all Christian Churches throughout the World untill 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 Predecessors 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 Diocesses as also that they exercise no act of Iurisdiction or Ordination without the consent of their Presbyter and will consent that their powers in all things be so limited that they be not grievous to tender consciences Wherefore since his Majestie is willing to give ease to the consciences of others he sees no reason why he alone and those of his judgement should be pressed to a violation of theirs Nor can his Majestie 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 Majestie is very unwilling to undergo And besides the matter of conscience his Majestie 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 Majestie considering the great present distempers concerning Church Discipline and that the Presbyterian Government is now in practice his Majestie 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 is in for three years provided that his Majestie and those of his judgement or any other who cannot in conscience submit thereunto be not obliged to comply with the 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 setled or sooner if differences may be agreed as is most agreeable to the Word of God with full libertie to all those who shall differ upon Conscientious grounds from that settlement alwaies 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 Majestie 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 divest 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 the 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 Authoritie 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 Majestie 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
must be the best and only remedy to remove our troubles That without a Treaty the Propositions may be esteemed Impositions That the King might have some just desires to move for the Crown and for himself and that every thing in the Propositions might not be of such importance as that the not granting it might hinder a peace That a personal Treaty is the best way to beget a mutual confidence between the King and Parliament And amongst other Protestations they aver That if Scotland had apprehended that the least injury or violence would have been committed against his person or Monarchical Government had they not received assurances from the Parliament to the contrary certainly all the threatnings and allurements in the world could never have perswaded them to have parted from the King and that it was their brotherly confidence in the Parliament fellow Subjects and the assurance that they had from both Houses that made them leave the King Then they complain of a vast deformity or multiformity of Heresies and sects endangering the ruin of Religion in this Kingdom But what ere the Scots have said in this Declaration the Parliament afterwards found out such Members at leisure that formed into a Committee for that purpose gave them a sound Answer But the King in the general Interest of all conceived them so unreasonable to be positively assented unto before a Treaty or dispute of some part or either of them as that he refused Giving his Reasons in a Letter or Message sealed up to the Commissioners for the Parliament to open But the Earl of Denbigh the cheif Commissioner desired the King that although they were intrusted only to bring the demands in writing and not to Treat yet they hope his Majesty would distinguish them from ordinary Commissioners and suffer them to see what was written professing that his Majesty should not receive disappointment or prejudice thereby The King Commands Ashburnham to read them aloud in these words C. R. The Necessity of complying with all engaged interests in these great distempers for a perfect settlement of peace his Majesty findes 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 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 wayes 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 addresse which is now made unto him Unlesse 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 divesting 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 monies in such sort and by such wayes and means and consequently upon the Estates of whatsoever persons 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 That when his Maiesty desires a personal Treaty with them for the setling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be the 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 Irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shal not attend 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 twenty sixth of November last Which he thought would have produced better effects than what he findes in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presse 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 all dispair there being no other visible way to obtain a well grounded peace How ever 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 encline the hearts of his two Houses to consider their King and to compassionate their fellow Subjects miseries Carisbroke Castle Decem. 28. 1647. For the Speaker of the Lords House c. Herein the Commissioners found what pinched the Parliament and no sooner had the Parliaments Commissioners taken their leave and were gone towards Newport but Hamond turns out all the Kings Servants out of the Castle The confusion was so great that the King demands of
And thus by degrees they are preferred and the Courts filled And whilst the Treaty is in some likelyhood to conclude fair the Armies Petitions speak home for a scrutiny to be taken for discovery of contrivers and actors in the late bloody Wars that speedy Justice be done upon them That the same fault may have the same justice and punishment in the person of the King or Lord as in the person of the poorest Commoner That such as speak or act in the Kings-behalf till he be acquitted of shedding innocent bloud be proceeded against as Traytors These and other such like Petitions set the wheele on going towards the Kings after destruction The Head Quarters were now at Windsor where the Army concluded the large Remonstrance commended by the Generals Letter and brought up to the Parliament by half a dozen Officers It was of the greatest length which we must abreviate The Preamble shews the miscarriages of the King and Parliament in former Treaties And therefore urge Reasons to lay aside any further proceedings therein and to return to their former Votes of Non-â—ddress and to settle the Government that he may not be 〈◊〉 and that they proceed against the King by way of justice for evils done by him and in order thereunto that he be kept in safe custody 2. To lay aside that bargaining Proposition with Delinquents which will present the thing done by contract with the King and not in a way judicially 3. And in order to all they offer First That the King be brought to justice as the capital cause of all Secondly That a peremptory day be set for summoning the Prince of Wales and Duke of York and if they refuse to declare them incapable of Government or Succession and stand exiled as Traytors and if they render themselves yet they to be proceeded against for satisfaction that the Revenues of the Crown be sequestred Thirdly That publick justice be done against the Actors in the late Wars Fourthly And others upon submission may have mercy and conclude as usual That the Armies Arrears may be paid the County eased of free-quarter publick debts paid a period to be put to this Parliament A new Representative of the people for governing and preservation of the whole body of people in this Nation That no King be admitted hereafter but upon election of and as upon trust for the people who is to be limited by the Representative c. 16. Novem. The Parliament read this Remonstrance which endured a high debate and was referred to be further discussed some dayes after In the mean time the General sends his Letters to Colonel Hamond to render up his Command to Colonel Ewers who is to take charge of the King but the Parliament Vote him hereupon to stay there of which the General hath notice 27. Novem. The Army fast and pray and receive Petitions from several Counties in order to what they intend to resolve And therefore Hamond submits and delivers up the King to Ewers and comes towards the Army The Parliament are angry and Vote a Letter to the General That his Orders and Instruction to Colonel Ewers for securing the Kings person are contrary to their resolutions and instructions to Colonel Hamond And that it is the pleasure of the House that his Excellency recall his Orders and that Colonel Hamond be free to take his charge in the Isle of Wight the Treaty being ended But in stead of an obedience hereto he salutes them with a sharp Letter for money to pay Arrears of the Army to spare free Quarter upon the County or he must be forced to change his quarters and come nearer London And withall is published a Declaration of the Army in confirmation of their late Remonstrance Windsor 30. Novem. Which Declaration the Parliament are resolved not to tak◠〈◊〉 â—onsideration Herâ—â—pon the Army Marches to London and Quarter at Whitehall St. Iames's the Mewes and in several Towns and Hamlets about the City The King is removed by Ewers out of the Isle of Wight to Hurst Castle and the City in fear are raising 40000. l. forthwith for the Army At the reading of the Remonstrance to the King at Newport and concerning the intended Tryal of him he propounded four Queries First 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 Secondly Whether his acknowledgment of the guilt 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 Thirdly 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 wilfull persistance in what is alleged 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 not satisfied concerning divers particulars in the Propositions Fourthly 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 Supream power or Authority of Magistracy in the Kingdom At at his removal from the Isle of Wights he framed a Declaration concerning the Treaty and his dislike of the Armies proceeding commanding one of his servants to see it published for satisfaction to all his Subjects Decemb. 1648. When large pretences prove but the shadows of weak performances then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears doe as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burden 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 requisâ—â—e 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 these 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
in the sight of Almighty God that I will not disclose nor reveale unto any Person or Persons whatsoever who is not a Commissioner any matter or thing that shall be spoken of during the Treaty by any one or more of his Majesties Commissioners in any private Debate amongst our selves concerning the said Treaty so as to name or describe directly or indirectly the person or persons that shall speak any such matter or thing unlesse by the consent of all the said Commissioners that shall be then living Memorandum That it is by all the said Commissioners agreed that this shall not binde where any ten of the Commissioners shall agree to certifie his Majesty the number of the Assenters or Dissenters upon any particular result in this Treaty not naming or describing the persons Upon the Kings former Message from Evesham Iuly 4. And his second Message from Tavestock Septem 8. and the consideration of the Parliaments late Propositions sent to the King at Oxford Novem. 23. which he Answered in the general the effect whereof produced an offer of the King for a Treaty so that at last it was assented unto and Commissioners appointed on all sides for the King and for the Parliament of England and the Parliament of Scotland to Treat at Uxbridge the 30. of Ianuary The day came and after eithers Commission was assented unto the Kings Commissioners complain against one Mr. Love who preached in Uxbridge to the people that very day Thursday Market day Telling them that the Kings Commissioners came with hearts full of bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell With divers other seditious passages against the King and his Treaty It was Answered that Mr. Love was none of their Train and that they would present this Complaint to the Parliament who will no doubt proceed in justice therein who was sent to the Parliament and slightly blamed but grew into so much favour with a Faction and therein very bold that we shall finde him hereafter a Traitor and sentenced to be hanged drawn and quartered but had the favour of the Ax. The observable end of many such in these times Commissioners pro Rege Duke of Richmond and Lenox Marquess of Hertford Earl of Southampton Earl of Kingston Earl of Chichester Lord Capel Lord Seamour Lord Hatton Lord Culpepper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Thomas Grandure Sir Orlando Bridgeman Mr. Io. Ashburnham Mr. Ieffery Palmer Doctor Stuard Commissioners pro Parl. Earl of Northumberland Earl of Pembroke Montgomery Earl of Salisbury Earl of Denbigh Lord Wenman Mr. Hollis Mr. Pierpoint Sir Hen. Vane Iunior Mr. Crew Mr. Whitlock Mr. St. Iohns Mr. Prideaux Lord Loudon Sir Charles Ersken Scots Commissioners Mr. Doudas Mr. Brackley Mr. Henderson Then they proceed to their Order of Treaty 1. concerning Religion 2. Militia 3. Ireland But ere the Treaty began this Paper was delivered in to the Commissioners of Parliament from the other for reconciling all differences in the Matter of Religion and procuring a Peace we are willing 1. That freedom be left to all Persons of what opinion soever in Matters of Ceremony and that all the penalties of the Lawes and Customs which enjoyn these penalties be suspended 2. That the Bishops shall exercise no Act of Iurisdiction or Ordination without the consent and Councel of the Presbyters who shall be chosen by the Clergy of each Diocess out of the Learned'st and gravest Ministers of that Diocess 3. That the Bishop keep his constant Residence in his Diocess except when he shall be required by his Majesty to attend him on any occasion and that if he be not hindered by the Infirmity of old age or sickness he preach every Sunday in some Church within his Diocess 4. That the Ordination on Ministers shall be alwayes in the Publick and Solemn Manner and very strict rules observed concerning the sufficience and other qualifications of those men who shall be received into holy Orders And the Bishop shall not receive any into holy Orders without the Approbation and consent of the Presbyters or the Major part of them 5. That competent Maintenance be established by Parliament to such Vicarages as belong to Bishops Deans and Chapters out of the Impropriations according to their value of the several Parishes 6. That no Man shall be capable of two Parsonages or Vicarages with cure of Souls 7. That toward the setling of the Publick peace a hundred thousand pounds shall be raised by Parliament out of the estates of Bishops Deans and Chapters in such manner as the King and Parliament shall think fit without the Alienation of any of the said Lands 8. That the Iurisdiction in causes Testamentary Decimals and Matrimonials be setled in such a manner as shall seem most convenient by the King and Parliament And likewise that Acts to be passed for regulating of Visitations and against immoderate Fees in Ecclesiastical Courts and abuses by frivolous Excommunications and all other abuses in Ecclesiastical Iurisdictions as shall be agreed upon by King and Parliament And if the Parliaments Commissioners will insist upon any other things which they shall think necessary for Religion the Kings Commissioners shall very willingly apply themselves to the consideration thereof But no Answer was given thereto The Parliaments Commissioners paper concerning Religion That the Bill be passed for Abolishing and taking away of all Archbishops Bishops c. according to the third Proposition That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament That the Directory for Publick Worship already passed both Houses and the Propositions concerning Church Government annexed and passed both Houses be Enacted as a part of Reformation of Religion and Vniformity according to the first Proposition That His Majesty take the Solemn League and Covenant and that the Covenants be enjoyned to be taken according to the second Proposition To this was annexed the following Paper That the ordinary way of dividing Christians into distinct Congregations and most expedient for edification is by the respective bounds of their dwellings That the Minister and the Church Officers in each Congregation shall joyn in the Government of the Church as shall be established by Parliament That many particular Congregations shall be under one Presbyterial Government That the Church be Governed by Congregational Classical and Synodical Assemblies to be established by Parliament That Synodical Assemblies shall consist both of Provincial and National Assemblies Which Papers suffered three dayes of the Treaty in dispute The next three dayes were ordered for the Militia and was afterwards resumed for other three dayes Propositions concerning the Militia 4 February We desire that the Subject of England may be Armed Trained and Disciplined as the Parliament shall think fit That the like for Scotland as the Parliament there shall think fit An Act for setling the Admiralty and forces at Sea and
of passing their late resolutions touching no further address or application to be made to the King published by his Majesties appointment I believe that it was never heard of untill now that heavy imputations were laid on any man I speak not now of Kings which I confess makes the case yet more strange and unjust and he not permitted to see much less to answer them but so it is now with the KING which does though silently yet subject him to as great an imputation as there is any in the said Declaration for those who know no better may think that he cannot because he does not Answer it Wherefore I hold it my duty knowing these things better than every ordinary man to doe my best that the King should not be injured by the ignorance of his people and albeit I lying under persecution for my Conscience and Love to Regal Authority have not the means in every thing to make full probations yet I am confident in all the most material points for to make the truth of the KINGS innocency appear that I shall satisfie any impartial judicious Reader What the issue of former Addresses to the KING hath been is most certainly known to all the World but where the faults rest whereby Peace hath not ensued bare asseverations without proofs cannot I am sure satisfie any judicious Reader And indeed it seems to me that the Penner of this seeks more to take the ears of the ignorant multitude with big words and bold assertions than to satisfie rational men with real proofs or true arguments For at the very first he begs the Question taking it for granted that the KING could ease the sighs and groans dry the tears and stanch the Blood of his distressed Subjects Alas is it he that keeps Armies on Foot when there is none to oppose Is it he that will not lay down Excise Taxations and Free-Quarterings But it is he indeed who was so far from power even at that time being far worse since that in most things he wanted the liberty of any free-born man It is he who never refused to ease his people of their grievances witness more Acts of grace passed in his Reign than to speak within my compass in any five Kings or Queens times that ever were before him moreover it is he who to settle the present unhappy distractions and as the best means to it to obtain a personal Treaty hath offered so much that to say truth during his own time he hath left himself little more then the Title of a KING as it plainly appears by his Message from the Isle of Wight concerning the Militia and chusing the Officers of State and privy Counsellours besides other points of complyance which is needless here to mention Good God! are these Offers unfit for them to receive Have they tendered 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 KINGS offers were deficient either in point of security or by with-holding from any of 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 in it self And can it be imagined that any who were ever acquainted with the passages at the Treaties of Oxford and Uxbridge 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 me thinks such slips as these should at least make a man be wary how to believe such things for which he sees no better 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 further application but never shew wherein the strangeness of his Answers or Denials consists and I should think that those Reasons upon which the laying by of a KINGS Authority is grounded for it is no less ought to be particularly mentioned for the Worlds satisfaction and not involved in general words for it thereby seems that it is their power more than that of Reason which they trust to for procuring of obedience to their Determinations or belief to what they say Otherwaies can it be imagined that their saying That their last Propositions were to be qualified that where it might stand with the publick safety the wonted Scruples or 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 alwaies increased with their good fortune And for their great Condiscention 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 neither to nor 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 for the defence of his own Rights and had likewise condemned all those who had served him and that he had totally divested 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 gâ—eat 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 KINGS 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 number or distinction of persons and for payments to leavy such sums of monies in such sort and by such wayes 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 Questâ—on I wonder much wherein the danger consists of a personal Treaty with the KING even since he was last at Newcastle Surely he cannot bring Forces along with him to awe his two Houses of Parliament and it is well known that he hath not money to raise an Army and truly there is 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 then 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 oppresses him nor do I say it will but certainly less can 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 denyed to receive their humble Petitions but they never 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. of Ianuary 1645. and all the rest since As for the fight at Brainford whosoever will read the Collection of the Declaration in Print upon that Subject will clearly finde 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 besides good store of Amunition 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 never after to bear Arms against the KING were freely released Again they seem to have good memories saying That the King once sent them a specious Message of renewing a Treaty when at the same time his Messenger was instructed how to mannage that bloody Massacre in London which was then designed by vertue of the Kings Commission since published And hath the King sent but one Message for the renewing of a Treaty then what was that from Tavestock in August 1644. and five others from Oxford the next year But indeed this that is here mentioned they knew not how to answer for at that time they knew not the way of silence but by this forged accusation against the Messenger who I dare say knew nothing of that which might have been at that time intended for the Kings service by some who had more zeal than judgment But that there was a Massacre intended or that any Commission from the King should countenance a design is a most notorious slander As for the Kings mentioned Letter to the Queen I am confident that any judicious Reader will finde the gloss made upon it very much wrested And certainly all Ages will think these Times very Barbarous wherein private Letters betwixt Man and Wife are published to open view And in other Countries there is such repect carried to private Letters of Princes that to my knowledge the last Emperour in the greatest heat of the Bohemian War having intercepted a Packet wherein were private Letters to King Iames of blessed memory who was then known no great friend to the Emperour from his only Daughter then avowedly the Emperours greatest Enemy yet he sent them to the KING without the least offer of violence to the Seals And now I come to their determination upon the whole matter what course they have resolved to take with the K. their words are but notwithstanding this and other former tenders we have now received such a Denial that we are in despair of any good by addresses to the King neither must we be so injurious to the People in further delaying their settlement as any more to press his consent to these or any other Propositions Besides it is resolved upon the Question that they will receive no more any Message from the King and do enjoyn that no person presume to receive or bring any Message from the King to both or either Houses of Parliament or any other person Thus you see that the King is laid by But that is not all for he must neither justifie his innocency against Calumny nor is there any way left him to amend any Error that he may have committed is this a way of proceeding when truth though offered must not be heard and that no way must be left to recant an error And why all this severity Because as I have already shown you the King will not injure his Conscience or Honour to which they give the term of such a Denial though really it was none But it is no great wonder that they forbid the King to repent him of those faults which he never committed and I believe all indifferent men will easily judge of the King even by their way of accusation for those who will lay such high crimes to his charge as the breach of Oaths Vows Protestations and Imprecations should not spare to bring their proofs if they had any But on the contrary it is known to all the world that he had not suffered as he has done if he would have dispensed with that part of his Coronation Oath which he made to the Clergy which is no great sign that he makes slight of his engagements of which it is so universally known that he has been so religiously careful as I hold it a wrong to his innocency to seek to clear him where there are no proofs alleged for Malice being once detected is best answered with neglect and silence And was there ever greater or more apparent Malice than to offer to put the horrid slander of Paricide upon him who was eminently known to be as obedient and loving a Son to his blessed Father as any History can make mention of But indeed the losse