Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	lord_n	rent_n	1,405	5	9.6433	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56213	The substance of a speech made in the House of Commons by Wil. Prynn of Lincolns-Inn, Esquire, on Munday the fourth of December, 1648 touching the Kings answer to the propositions of both Houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the Kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, Nov. 20, is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the Houses vote upon his debate.	Prynne, William, 1600-1669.	1649 (1649)	Wing P4093; ESTC R38011	126,097	147

being more then was ever thought of or desired in the Treaty of Peace in February and March 1642. The second Proposition fully granted by the King for the setling and securing of the State and Religion too against the Kings armed power is the setling of the whole Militia by Sea and Land and Navy of England Ireland and the Isles and Dominions thereunto belonging by Act of Parliament in the hands and disposall of both Houses and such as they shall appoint for the space of twenty years with power to raise moneys for all forces raised by them for Land or Sea service during that space or time which forces are authorised to suppresse all forces raised or to be raised in or any forraigne forces which shall invade the Realms of Engl. Ireland or the Dominions and Isles thereunto belonging without Authority and consent of the Lords and Commons in Parliament And it further provides that after the expiration of the said 20. years neither the King his heirs and successors nor any person or persons by colour or pretence of any Commission power Deputation or Authority to be derived from the King his Heirs or Successors or any of them shall raise array train imploy or dispose of any of the forces by Sea or Land of the Kingdomes of England and Ireland the Dominion of Wales Isles of G●ernsep and Iersey or of Barwick upon Tweed nor execute any power or authority touching the same invested in the two Houses during the space of twenty years nor do any thing or Act concerning the execution thereof without the consent of the Lords and Commons first had and obtained And that after the expiration of the said twenty years in all cases wherein the Lords and Commons shall declare the safety of the Kingdome to be concerned and shall thereupon paffe any Bill for the raising arming training and disposing of the forces by Sea and Land of the Kingdomes Dominions Isles and places aforesaid or concerning the leavying of moneys for the same if the King his Heirs and successors shall not give the Royall assent thereto within such time as both Houses should think conveent that then such Bil or Bills after Declaration made by the Lords Commons in that behalf shall have the force and strength of an Act or Acts of Parliament and be as valid to all intents and purposes as if the Royal assent had been given thereunto After which it disables any Sheriffe Justice of the Peace Majors or other Officers of Justice to leavy conduct and imploy any forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from the King His Heirs or Successors without consent of both Houses And concludes That if any persons to the number● of 30 shall be gathered together in warlike manner or otherwise and not forthwith disband themselves being thereunto required by the Lords and Commons or command from them or any other specially authorized by them that then such person or persons not so disbanding shall be guilty and incur the pains of High Treason any Commission under the great Seal or other Warrant to the contrary notwithstanding and be uncapable of any pardon from His Majesty His Heirs and Successors and their estates disposed of as the Lords and Commons shall think fit To all this new grand principle security of our present and future peace and settlement the King hath given his full and free consent in terminis And what greater security then this wee can imagine or demand against the Kings armed power and sword of War transcends my capacity to imagin Therefore if we have not lost our brains and consciences too we cannot but vote and conclude it satisfactory and restabundantly contented with yea exceeding thankful for it And that upon all these ensuing considerations First both Houses in their Treaty with the King in February and March 1642. demanded only the Militia of England not of Ireland yet so as they did leave the Nomination and disposing of the chiefe Commanders Officers and Governors of the Militia Forts and Navy of the Kingdome to the King provided only they might be such persons of honor and trust as both Houses might confide in and likewise promise restitution of all Moneys Forts Garrisons Arms and Ammunition of the Kings which they had seized upon or to give him present satisfaction for the same which being granted and performed they professed it should bee their hopefull endeavour that His Majesty and His people might enjoy the blessing of Peace c. and be derived to Him and to His Royall Posterity and the future Generations in this Kingdome for ever Whereas in this Treaty the King denudeth himselfe of the Militia of England and Ireland too and of the Nomination and approbation of all Officers Commanders Governors of the Militia or forces by Sea or Land and leaves all the Forts Navy and Magazines only to the Houses disposall without any compensation for his Magazines or Armes formerly seized by them And if far lesse was deemed sufficient for our settlement and security then much more will all this be thought so now Secondly Because the King hath wholly stript Himself His Heirs and Successors for ever of all that power and interest which His Predecessors alwaies enjoyned in the Militia forces forts Navy not only of England but Ireland Wales Iersey Garnsey and Berwick too so as He and they can neither● raise nor arm one man nor introduce any forraign forces into any of them by vertue of any Commission Deputation or authority without consent of both Houses of Parliament and hath vested the sole power and disposition of the Militia Forts and Navy of all these in both Houses in such ample manner that they shall never part with it to any King of England unlesse they please themselves So as the King and His Heirs have no military power or authority at all left to injure or oppresse the meanest Subject much lesse the whole Kingdome or Houses of Parliament had they wills to doe it and the Houses having all the Militia by Land and Sea not only of England but even of Ireland Wales Garnsey Iersey and Berwick to assist and secure them in case He or His Heirs should attempt to raise any domestick or introduce any forraign force against them is so grand so firm a security in all probability for insuring and preserving of our Peace Religion Lawes Liberties Lives and Estates against regall force and tyranny that none of our Ancestors ever demanded or enjoyed the like nor no other Kingdome whatsoever since the Creation for ought that I can find in Histories or Republicks who have perused most now extant to do you service and such a selfe-denying cond●sconsion in the King to His People in this particular as no age can president In the 17 year of King Iohn the Barons having by force of Armes compelled him to confirm the great Charter at Runningmead near Windsor thought this their greatest

really done it I presume few Members of this House now of a different opinion would have voted the Kings Answers to the whole Treaty unsatisfactory But to take them as they are First the King hath so far condescended to their sale and disposall made or to be made as that the purchasers shall by Act of Parliament enjoy a lease of them not from the Bishops themselves but from the Crown for 99. yeares space reserving only the reversions afterward to the Crowne and that for the use of the Church in generall terms Secondly The King will bee content with the reservation only of the old or some other moderate rent to Him and His Heirs to bee imployed only for the Churches use and benefit Thirdly That for the absolute sale or alienation of them he cannot in point of conscience consent unto it being Sacriledge and an unlawfull Act in the opinion of all Divines as well in forraigne Reformed Churches as Domestick This I remember and conceive is the sum of his finall answer to this Proposition To examine these particulars a little in the generall and then by parts First I must make bold to inform you in the generall That the King and His Predecessors Kings of this Realm were the Originall founders of all our Bishoprieks and patrons of them That all their Lands Rent and Revenues whatsoever originally proceeded from the Crown and Kings of England of whom they are bolden and that in times of vacancy the King enjoyes the profits of their temperalities as a part of His Royall Revenue and receives both tenths and first-fruits out of them upon every death or translation of the Bishops And therefore there is very great reason and Justice too they should be still held of the Crowne and not totally translated out of it and that the King and His successors should receive some reasonable Revenue or compensation out of them parting with such an interest in recompence for them Secondly That in the severall Treaties with the King Februar 1. 1641. and Iuly 11. 1646. All the Lands Possessions Rents and Reversions both of Archbishops and Bishops and likewise of Deans and Chapters and other Officers of Cathedrall and Collegiate Churches were by Act of Parliament to be settled in the very reall and actuall possession of the King His Heirs and Successors for ever to their own proper use except only their Impropriations Advowsons Tythes and Pensions which are not now to bee sold. And that the Ordinances for setling of Bishops Lands Rents and Possessions in Fe●ffees and engaging and selling them for the monies lent upon the Publick saith and doubled to raise 200000. l. for disbanding of the Scotch Army passed on the Houses till October and November 1646 till which time there was no thought nor intent at all to sell or alienate them from the Crowne If then the King in two or three former Treaties by both Houses full and free consent and a Bill passed by them for that purpose was to enjoy to himselfe his Heirs and Successors all the demesne Lands Mannors Possessions Reversions Rents Inheritances and Revenues of Archbishops and Bishops and likewise of Deans and Chapters Prebends and the like it seems to me very just reasonable that he should demand and enjoy the Reversions of them after ninety nine years and such a moderate Rent as he and both Houses shall agree on And that this Answer of the Kings wherein he demands so little now only for the Churches use and benefit not his own should be fully satisfactory because we were very well content in former Treaties He and his Heirs should enjoy the whole only to their own use Thirdly That near one moiety of the Archbishops and Bishops possessions and revenues consists in Impropriations Tythes Pensions and the like which the King is content wholly to part with for the encrease of Ministers means and the benefit of the Church without any Reservation or Recompence And with all Deans and Chapters Lands and Revenues to boot Therefore it should be unsatisfactory or unreasonable in no mans judgement for the King to reserve some interest in the Reversions and Rents only of their demesne lands Fourthly The King demands the Riversions of the Lands after ninety nine years and some present moderate Rent not for the use and support of the Bishops and to keep a root for them to grow up again in our Church as hath been mistaken by some Archbishops and Bishops too being extirpated root and branch by the Kings former Answers as I have manifested but only for the use of the Church in such manner as the King and we shall agree to settle them who shall take care that no Bishop shall be a sharer in them all being to bee setled in the CROWNE alone and nothing in Reversion or Possession to in or upon the Bishops Fifthly The King consents that the Purchasers of Bishops Lands shall by Act of Parliament have a Lease of them for ninety nine years reserving the Reversion only after that terme which I conceive is no ill but a very good bargain for the Purchasers such a Lease by Act of Parliament being far better then the whole Inheritance by a bare Ordinance of both Houses which for ought I know if not confirmed by a subsequent Act of Parliament will prove little better then a Tenancy at Will or a Lease so long only as this Parliament continues Ordinances of both Houses only without the Kings Royall assent thereto being a new device of this present Parliament to supply some present necessities for our necessary defence and preservation during the Kings absence and hostility never known nor used in any former Parliaments what ever hath been conceived to the contrary Therefore this offer of the K. is no prejudice at all but a great advantage to the Purchasers wherewith they should rest fully satisfied But admit it be any losse at all to them and not rather a gain as things now stand in our tottering condition yet it is only of the reversion of these lands after ninety nine years worth not above one quarter or halfe a years purchase at the utmost which considering the low values at which Bishops lands are sold and the cheap rate now that most purchasers gave for Bills of Publick faith with which they bought them they may be well content to lose to secure their purchases for ninety nine years in these tumultuous and fluctuating times when some wise men who have made such purchases would very gladly give two or three years purchase if not more at the assurance Office to any who will ensure their estates in Bishops lands for so long a term and think they had a good bargain too at leastwise far better then the Bishops in case they should revive again as some fear who must be kept starving for 99 years in expectation of a dry Reversion All which considered the Kings Answers touching such Reversions I humbly conceive will be very

satisfactory to the purchasers of Bishops lands themselves who are most displeased with it As to that which hath been objected that some have purchased Reversions of Bishops Lands after 99 years in being who must absolutely lose their purchase money after this rate which is neither just nor honourable for the Parliament I answer that this is but the case of three or foure only that their purchases are of no considerable value nor bought fingly by themselves but jointly with Lands or Rents in possession of good value in which they had the cheaper purchase to take off the Reversion after so long a term which losse in the Reversion they may contentedly undergoe to purchase their owne and the Kingdomes peace and enjoy what they have purchased with these Reversions in possession without trouble or eviction by Act of Parliament for 99 years space or receive other satisfaction from the King and Parliament to their contentment in such manner as I shall presently inform you Sixtly To that concerning the present Rents which the Kingdemands out of Bishops Lands which sticks most with Purchasers many of them having purchased nothing but Rents and others more rents then Lands in possession which Rents must all be lost if they must pay their old rents over to the King to their undoing which would be both unjust unconscionable and dishonourable to the Houses upon whose assurance and engagement to enjoy their bargains they were induced both to lend money on and to purchase these Lands afterwards and would be no better then plain cheating and render them odious to all the world as some have objected I will not answer it with Caveat emptor but desire them to observe that the King in his answer doth not peremptorily require the Bishops old rents during the 99. years but only disjunctively either the old Rent or some other moderate Rent to be agreed on and if only a moderate proportion of the old rent be paid to the King the Purchaser is sure to enjoy the residue during the 99 yeares and so his purchase money not totally lost as is objected Besides the King will not reserve these Rents to the use of himselfe or the Crown but only to the Church and maintenance of the Ministers in such manner as He and his Houses shall agree in the Bill for setling these Lands in the way propounded by him Which offer opens this just and honourable way for the Houses to give all Purchasers of Bishops Land and Rents full satisfaction both for the losse of their reversions after 99 years and for the present rents which shall be reserved to the Crown out of Bishops Lands to the Churches use which I beleeve the King and Houses will readily consent to and that is to settle by Act of Parliament so much of the Dean and Chapters demein Lands and Rents upon the Purchasers as the losse of their Reversions after 99. years and present Rent to the Crowne shall amount unto upon a just computation By which means the Purchasers by way of Exchange of Deans and Chapters Lands and Rents for their Bishops shall have such full and satisfactory content even in kind as will cleare the Honour justice and Reputation of the Houses fair dealings in this particular throughout al the world and give the Ministers full satisfaction likewise for the augmentation of whose livings and maintenance the Deanes and Chapters Lands and Rents are designed by settling the reversion and Rents reserved to the Crown out of the Bishops Lands for the Churches use upon those who should have enjoyed the Deans and Chapters Lands thus settled on the Purchasers by exchange which being of equall value can be no losse nor prejudice to any This is such a visible and reall satisfaction to all purchasers as none of them can justly open their mouths against being both for their owne security and advantage and the Kingdomes settlement But if any of them dislike this reall satisfaction which the King no doubt will yeeld to there is an other means provided by this very Treaty for their satisfaction and that is by ready money for what ever they shall lose by Bishops Lands in possession or reversion by this Reservation to the Crown which I am sure they never will nor can refuse in Justice or equity they having the Bishops Lands conveyed to them only by way of Morgage or security for Moneys lent upon the publike faith And the houses by the 12th Article of this Treaty have time within two years space by Act or Acts to raise any summes of money for the payment of the publique debts of the Kingdome whereof the moneys lent upon Bishops Lands and the publique faith are a principall part and the same Justice of the Houses which hath already provided by severall Ordinances a sufficient recompence and satisfaction for purchasers of Bishops Lands in cases of eviction or of emergent charges and incumbrances discovered after the purchases made may be a sufficient assurance to them of the Houses Justice that they will give them as good or better satisfaction by one of these two wayes I have here propounded for any thing they shall part with to the King or Church for the settlement of the Kingdomes peace Seventhly it hath beene the solemn Protestation and Declaration of both Houses of Parliament in all their Remonstrances to the King Kingdome and forraigne States that they have taken up defensive Armes against the Kings Party onely for the maintenance of Religion Lawes Liberties c. and to bring Delinquents to condigne punishment Now Bishops Lands and Rents I am certaine are neither our Religion Lawers nor Liberties and I thinke they are no Delinquents though most Bishops are And shall we now after seven yeares Warres and sixty dayes Treaty make Bishops Lands which for five yeares time or more of our Warres were never thought of the sole or principall cause at least of our present breach with the King and the onely ground of a new Warre God forbid will not the world then justly censure us for notorioūs hypocrites and impostors pretend●ng one thing and intending another will they not then say that Bishops Palaces and Lands were the onely Religion and Liberty we have fought for the onely Delinquents we have brought to publick Justice and execution that we would never have suppressed Archbishops and Bishops nor entred into a solemne League and Covenant with bands listed up to heaven to endeavour to extirpate them as Antichristian but onely to gaine and retaine all their Lands and Revenues and never condemned their Functions but onely to seize on their Possessions And that we must now maintaine an Army upon their exhausted Purses and Estates only to defend these Parchasers Titles to the Bishops Inheritances If so for shame let us never break off this Treaty nor ruine two or three Kingdomes upon such an absurd dissatisfaction as this And if our Parchasers of Bishops Lands shall still refuse to rest satisfied with that twofold

recompence I have formerly mentioned and keep up an Army to maintaine their Purchases rather then yeeld to any reason I shall humbly move that not the whole Kingdome but themselves may defray the Armies Taxes and Quarters and then I am certaine they will have a dearer bargaine then what the King or I have proposed for their satisfaction And the better to perswade them to embrace this compensation I have onely this more to offer both to them and you That if you break off with the King upon this point or close with the Army they are most certaine to lose all for a bare Ordinance of both Houses in no legall Title nor good security aganst King or Bishops without the Kings concurrence and Royall assent unto it and valid no longer then maintained by the Sword the worst and most hazardous Title of all others which will quickly cost the Purchasers and Kingdome treble the value of all the Bishops Revenues and if they close with the Army to break the Treaty they tell them in direct termes in print in The Case of the Army truly stated presented to the Generall by the Agitators of the Army at Hampstead October 15. 1647. pag. 16. That whereas the times were wholly corrupt when persons were appointed to make sale of Bishops Lands and whereas Parliament-men Committee-men and Kin●folks were the onely buyers and much is sold and yet it 's presended that little or no money is received And whereas Lords Parliament-men and some other rich men have vast summes of Arrears allowed them in their Purchase and all their moneys lent to the State paid them while others are left in necessity to whom the State is much indebted and so present Money that might be for the equall advantage of all is not brought into the publike Treasury by those sales It s therefore to bea insisted on that the sale of Bishops Lands bee reviewed and that they may be sold to their worth and for present Moneys for the publike use and that the sale of all such be recalled as have not been sold to their worth or for present money This particular among others they professe they have entred into a solemne engagement to prosecute and are now marched up to London accordingly to pursue it as their late Remonstrance and Declaration intimates and themselves professe by word of mouth which I desire the Members who have purchased Bishops Lands who are generally most unsatisfied with the Kings answers especially in this particular seriously to consider and then to make their Election Whether they will now close with the Kings Concessions and what I have here propounded for satisfaction of their Reversions after 99. years and present Rents they may chance to part with and so secure their purchases for this terme by Act of Parliament and have full compensation for what they part with either in ready money or Deans and Chapters Lands and Rents and so be no losers but great gainers by the bargaine or else break with the King to please the Army and so be certaine to lose all between them not onely once but twice over for the Agitators in the Army tell them plainely That all their Purchases shall be reviewed and if they have purchased them to an under rate or not for ready Money which not one of them hath done but by Tickets of their owne or bought at very low values of others which 't is like they will also examine that then their sales shall be absolutely recalled and sold to others at full values for ready money and so all is lost in good earnest or else they must re-purchase them for ready moneys at higher values without any assurance from the King by Act of Parliament and so lose them againe the second time if ever He or his Prelaticall party should prevaile and yet be enforced to answer and restore all the meane Profits they have taken to boot A very hard chapter and bargain to digest if they advisedly consider it which by accepting the Kings offer is most certainly prevented Who perchance in shore time upon second thoughts and conference with learned men for the satisfaction of his conscience in the point of sacriledge if he should consent to the totall alienation of these Lands from the Church may come up fully to our desires and part with the very inheritance to the purchasers as amply a● they have purchased it rather then leave his owne and the Kingdomes interest wholly unsettled And for my part I make little question that had the Prelates and Clergy-men with the King at the Isle of Wight dealt candidly and cleerly with him in this particular of the sale of Bishops Lands that might have easily satisfied his conscience in this very thing as well as in others from these grounds and matters of fact which I shall but point at to satisfie others who perchance are scrupulous herein even in point of conscience as well as the King First the King in his last Paper 〈◊〉 in expresse terms protesseth That he hath abalished all but the Apostolicall Bishops invested with a Negative Vay●e or Power in point of Ordination And if so then I am certain he hath likewise abolished all Bishops Palaces Lordships Revenues Rents and Possessions it being most certaine that neither the Apo●ls themselves not any Apostolicall Bishops of their Ordination in their dayes or for above 300. yeers after had any Lands or Possessions annexed to their Apostleships or Bishopricks but lived meerely upon the a●ms and voluntary contributions of the people as Christ himselfe Paul and the other Apostles did as all Historiant accord If then his Majesty will retain none but Apostolicall Bishops he must necessarily take away their temporall Lands and possessions annexed to then Bishopricks to make them such if he hath not already done is by his finall Answer to this proposition as I conceive he hath Secondly it is generally agreed by Historians that Constantine the great our owne Country-man borne and first Crowned Emperour at York to the eternall honour of our Island he being the first Christian Emperour and greatest advancer of the Christian Religion and destroyer of Paganism was the first who endowed the Church and Bishops with any temporall Possessions about 350. yeers after Christ though his pretended donation to the Pope be but a meere fable as Doctor Crakenthorp and others have manifested at large Now Ioannes Parisiensis Nauclerus Polychronicon our English Apostle Iohn Wickliffe our noble Martyr the Lord Cobham Iohn Frith a Martyr learned Bishop Iewell and others out of them record That when Constantine endowed the Church and Bishops with temporall Lands and possessions the voice of an Angel was heard in the Ayre crying out Hodie venenum insunditur in Ecclesiam this day is poyson powred into the whele Church of God And from that time say they because of the great Riches the Church had she was made the more secular and had

to the peace and settlement of the Kingdome is this That the King do give his Royall assent to such Act or Acts for the raising of moneys for the Parliament satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shal hereafter be agreed on by both Houses of Parliament And if the King do not give his assent thereto then it being done by both Houses the same shall be as valid to all intents and purposes as if the Royall assent had been given thereunto To this Proposition the King hath condescended so as those Acts be passed within two years after the Treaty ended which the Houses have now voted to be satisfactory This Proposition secures all moneys lent upon the publike faith all arrears due to Officers souldiers yea all moneys advanced by any who have purchas'd Bishops lands for their losses by reversions after 99 years or any present rents to be reserved to the Crowne for the use of the Church with which those Members who have purchased such lands or advanced moneys upon them declare themselves most unsatisfied all those who have sustained publique losses Yea if the King denies his royall assent thereto it enables both Houses to make a valid Act of Parliament without the King in this case and in case of the Militia likewise which was never challenged by nor granted to both Houses in any Kings Reign before takes away the Kings Negative voice as to these particulars which those who conclude the Kings answers unsatisfatory have so much contended for yet now stand in their own light in not accepting of these Concessions as satisfactory and striking at the Negative voice The next Concession of the Kings for the settlement of the State is the taking away of the Court of Words and of all Wardships and Tenures in Capite or by Knights service which draw on Wardships Primer seisures liveries and such like incombrances to the intolerable vassalage and prejudice of the Nobility and Gentry of England and great landed persons and that only upon giving the King and his successors one hundred thousand pounds yearly for compensations being one principall part of his Royall Revenue This Concession is of so vast consequence to the Kingdome to enfranchise the Subjects from the Norman yoak of bondage as some stile VVardships and Tenures in Capite though others deem them more ancient then William the Conqueror that our Ancestors never enjoyed the like It exempts mens heits under age and their estates from being made a prey for hungry Courtiers or over-reaching Committees of them their estates It exempts them from being married to any against their free consents without any single or double forfeiture of the values of their marriages to which they were formerly liable from marriages to persons of small or no or broken fortunes and different dispositions which have ruined many families from many chargeable suits expences excessive fees gratuities to Escheators Feodaries all sorts of griping Officers in the Court of Wards and from vast expences and extraordinary vexation in finding and traversing Offices suing out Liveries c. and many suits and questions arising thereupon which have undone too many And it deprives the King of such an over-awing Prerogative over the persons and E●tates of the Nobility and Gentry which usually fell into his custody after every Tenants decease as will very much weaken his interest in and their over much dependence on him and make them lesse subject to engage for or with him against the Parliaments or Kingdomes common interest The next Proposition relating to the Kingdomes safety and settlement not so immediately and directly as any of the former is that which concernes Delinquents in which alone as to the State the Kings answers are pretended unsatisfactory not in all but only in some particulars of no extraordinary concernment in my apprehension though so much insisted on by many as to vote all the Treaty unsatisfactory In opening the state of the Kings Answers to this proposition I shall doe these 3. things First I shall shew how far the King and you are both agreed 2dly In what particulars you really or seemingly differ 3dly I shall examine whether these differences herein be of any such moment as to induce the House to vote the answers to this and the other Propositions upon the whole Treaty unsatisfactory and so reject and lose whatever the King hath granted in the rest because he hath not satisfied our demands in this one and two others concerning the Church For the first both Houses by their Votes have thought this Proposition touching Delinquents so needless to beinfisted on in every punctilio for the publick settlement which will certainly more obstruct then promote it merey moderation being the nearest way to peace and union that you have reduced since the Treaty the persons excepted in the first qualification both from life composition from 37 to 7 only six of those are beyond the Seas quite out of your power the 7th aged scarce worth your Execution The King consents that they should be banished during the pleasure of both Houses which is a civill death banishment being next to death the severest punishment and to some men more grievous then present Execution But if that will not satisfie then he leaves them wholly to your justice to proceed against them if you please according to Law and promiseth not to interpose nor pardon any of them if legally condemned only he adds ex abundanti that he cannot in justice or honor assent to any Act to take away their lives by a meer Legislative Power ex post facto if they have done nothing that was formerly capital by the known Laws of the Land by which Hee leaves them to be tryed This Answer many Gentlemen who have spoken have coucluded very unsatisfactory and made many large descants on it because they did not rightly weigh nor understand it when as in truth it Answers the very Proposition in terminis as I shall clearly manifest to all who understand what Law is First it is apparent that one of the first quarrels and cause of taking up Arms on our parts was to bring Delinquents to condign punishent according to the Laws and Statutes of the Realm as you have declared to the Kingdom in many printed Declarations and in your Petitions to the King you alwayes desired him to leave Delinquents to the course of Iustice not to cut them off by a meer Legislative Power when as you could not doe it by any known Law Secondly you have professed to all the World and to the King and Delinquents themselves that you have taken up Armes to defend and preserve the Ancient fundamentall Laws and Liberties of the Kingdom and to oppose the introduction of any Arbitrary and Tyrannicall Power Yea your selves and the Army likewise have declared against all extraordinary proceedings and tryals in the Lords House to