fall And that in case any of the said Roman Catholick Subjects now in Arms c. or any of their Party have sown Corn within any the Quarters allotted in the Province of Leimster to the said other Party the same shall be enjoyed by the sowers and manurers paying for the same as they did agree and in case they did not agree paying the fourth sheaf unto such Garrisons within whose Quarters the same shall fall And it is likewise concluded and accorded that those places which have been protected by the Lords Justices or any Officer of His Majesty's Army do pay according to the agreement which was made and if no agreement were made to pay the fourth sheaf to those Garrisons or Persons who protected them in whose soever Quarters they are And this to continue for a Rule other than as to so many of those Garrisons who granted such protection and are since regained by the said Party or some of them for whom the said Donnogh Viscount Muskery and the Persons above-named are authorized as aforesaid And that the Tenants of the Town of Balliboght in the County of Dublin if they have not been protected shall pay according to agreement and if no agreement made then the fourth sheaf and to continue their possession during this Cessation And it is further concluded and accorded that where His Majesty or any of His Protestant Subjects or their adherents shall happen to have any Garrison or Garrisons within the Quarters set forth in the next precedent Article for the said other Party that such Garrison and Garrisons shall have such competency of the Lands as well profitable as unprofitable now termed Wast as shall be found necessary for them by any indifferent Commissioners to be appointed to that purpose Item It is concluded and accorded that the Quarters in the Province of Munster be as followeth viz. That the County of the City of Corck and so much of the County of Corck as is within the subsequent Garrisons viz. from Youghall and Mogeely thence to Formoye thence to Michells-town thence to Liscaroll and so in a line from Michells-town and Liscaroll North-ward as far as His Majesty's out-Garrisons on that side do extend and from Liscaroll to Mallow thence to Corck thence to Carrig-croghan thence to Rochfordstown thence to Bandon-bridge thence to Timmoleagie and thence forward to the Sea together with the said Garrisons shall during the said Cessation remain and be in the possession of His Majesty's Protestant Subjects and of such as adhere unto them saving and excepting to the said Roman Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed in the said Counties or any of them by any of the said Roman Catholick Subjects now in Arms c. and their Party And that the residue of the said County of Corck shall likewise remain to the said Party last named saving and excepting to His Majesty's Protestant Subjects and their Adherents all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed in the last mentioned Quarters by them or any of them And that the County of Tipperary the County of Limerick the County of the City of Limerick the County of Kerry the County of Waterford the County of the City of Waterford and the County of Clare shall during the said Cessation remain and be in the possession of the said Roman Catholick Subjects now in Arms c. and their Party except Knockmorne Ardmore Piltowne Cappoquin Ballinetra Strongcally Lismore Balliduffe Lisfinny and Tallow all situate in the County of Waterford or as many of them as are possessed by His Majesty's Protestant Subjects and their adherents the said 15th day of Sept. 1643. at the hour aforesaid and likewise except all such Castles Towns Lands Territories and Hereditaments thereunto belonging as within the said Counties respectively on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or such as adhere unto that Party respectively in the said County of Waterford and the rest of the last mentioned Counties And it is concluded and accorded that the like Rule for Corn sown and what shall be payed by places protected and for the laying out Wasts for the respective Garrisons shall be observed in the Province of Munster as it is set down for Leimster Item It is concluded and accorded that the Quarters in the Province of Ulster be as followeth viz. That such Counties Baronies Lands Tenements and Hereditaments in the Province of Ulster which the said 15th of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or any that adhere unto them and all places protected by any Commander deriving Authority from His Majesty shall during the said Cessation remain entirely in the hands and in the possession of His Majesty's Protestant Subjects and such as adhere unto them excepting such Castles Lands and Hereditaments as on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. or their Party And that all such Counties Baronies Lands Tenements and Hereditaments in the said Province which on the said 15th of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their Party shall remain entirely during this Cessation in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their Party saving and excepting thereout all places protected by any Commander deriving Authority from His Majesty and likewise excepting thereout all such Territories Castles Towns Lands Tenements and Hereditaments which on the said 15th day of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Protestant Subjects or such as adhere unto them And it is concluded and accorded that the like Rule for Corn sown and what shall be payed for protected places and for the laying down of Wasts for the respective Garrisons shall be observed in the Province of Ulster as is set down for Leimster Item It is concluded and accorded that the Quarters in the Province of Connaght be as followeth viz. That the County of Galway Roscomon Slego and Letrym in the Province of Connaght and all such Castles Lands Tenements and Hereditaments in the said Province which the said 15th day of Sept. 1643. at the hour aforesaid are possessed by the said Roman Catholick Subjects now in Arms c. and their Party shall during the said Cessation remain entirely in the possession of the said Roman Catholick Subjects now in Arms c. and their Party excepting all such Territories Castles Lands Tenements and Hereditaments within the said several Counties which upon the
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or Places respectively and what and how much of the same is in possession and the true yearly Value thereof and what and how much thereof is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and particular Survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and Writings whatsoever belonging unto all or any the Persons Dignities Churches Corporations Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other Premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the several Churches and Chappels are supplied by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to hear and determine all matters concerning such Accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise Saving to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick and Corporate whose Offices Functions and Authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed and all Duties and Profits whatsoever which they or any of them have or may claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of
at Our Court at Tavestock the 8 th of September 1644. The Bill for Abolishing Episcopacy VVHereas the Government of the Church of England by Arch-bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation and growth of Religion and very prejudicial to the Civil State and Government of the Kingdom Be it therefore Enacted by the King 's most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That from and after the fifth day of November in the year of our Lord One Thousand Six Hundred Forty and Three there shall be no Arch-bishop Bishop Chancellor or Commissary of any Arch-Bishop or Bishop nor any Dean Sub-dean Dean and Chapter or Arch deacon nor any Chancellor Chaunter Treasurer Sub-treasurer Succentor or Sacrist of any Cathedral or Collegiate Church nor any Prebendary Canon Canon-Residentiary Petty-Canon Vicar-Choral Choristers old Vicars or new Vicars of or within any Cathedral or Collegiate Church or any other their Officers within this Church of England or Dominion of Wales and that from and afrer the said fifth day of November the Name Title Dignity Jurisdiction Office and Function of Arch bishops Bishops their Chancellors and Commissaries Deans Sub-deans Deans and Chapters Arch-deacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Sub-treasurers Succentors and Sacrists and all Vicars-Choral and Choristers old Vicars and new Vicars and every of them and likewise the having using or exercising of any Power Jurisdiction Office or Authority by reason or colour of any such Name Title Dignity Office or Function within this Realm of England or Dominion of Wales shall thenceforth cease determine and become absolutely void and shall be abolished out of this Realm and the Dominion of Wales any Usage Law or Statute to the contrary in any wise notwithstanding And that from and after the said fifth day of November no Person or Persons whatsoever by Virtue of any Letters-Patents Commission or other Authority derived from the King's Majesty His Heirs or Successors shall use or exercise any Jurisdiction Ecclesiastical within this Realm or Dominion of Wales but such and in such manner as shall be appointed and established by Act of Parliament And that all Counties Palatine Mannors Lordships Castles Granges Messuages Mills Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be other than Impropriations Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were of or belonging unto any Arch-bishop Bishop Arch-bishoprick or Bishoprick or any of them or which they or any of them held or injoyed in right of their said Arch-bishoprick or Bishoprick respectively shall by the Authority of Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of the King's Majesty His Heirs and Successors and He shall have hold possess and enjoy the same to Him His Heirs and Successors without any Entry or other Act whatsoever and that the King's Majesty His Heirs and Successors His and their Lessees Farmers and Tenants shall hold and enjoy the same discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial means to all intents and purposes as any Arch-bishop or Bishop at any time or times within the space of two years last past held or enjoyed or of right ought to have held or enjoyed the same Provided nevertheless and be it enacted by the Authority aforesaid That all Leases Grants Gifts Letters-Patents Conveyances Assurances or Estates whatsoever hereafter to be made by the King's Majesty His Heirs or Successors of any the Mannors Lands Tenements Hereditaments which in or by this Act shall come or be limited or disposed of unto His Majesty His Heirs or Successors other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term and whereof any former Lease is in being not to be expired surrendred or ended within three years after the making of any such new Lease shall be utterly void and of none effect to all intents constructions and purposes any clause or words of non obstante to be put in any such Patent Grant Conveyance or Assurance and any Law Usage Custom or any thing in this Act to the contrary in any wise notwithstanding And be it further Enacted and Ordained That all Impropriations Parsonages appropriate Tithes Oblations Obventions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Collations Rights of Patronage and Presentation which now are or lately were belonging unto any Arch-bishop or Bishop Arch-bishoprick or Bishoprick and all Mannors Castles Lordships Granges Messuages Mills Lands Tenements Meadows Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Parsonages Vicarages Churches Chappels Advowsons Nominations Rights of Patronage and Presentation Parks Annuities Franchises Liberties Priviledges Immunities Rights Rights of Action and of Entry Interests Titles of Entry Conditions Commons Courts-Leet and Courts-Baron and all other Possessions and Hereditaments whatsoever of what nature or quality soever they be or wheresoever they lie or be which now are or lately were of or belonging to any Sub-dean Dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars or any of them or any of the Officers of them or any of them which they held or enjoyed in right of their said Dignities Churches Corporations Offices or Places respectively shall by Authority of this present Parliament be vested adjudged and deemed to be and shall be in the very real and actual possession and seisin of Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and they shall have hold possess and enjoy the same to them their Heirs and Assigns without any Entry or other Act whatsoever and that for themselves their Lessees Farmers and Tenants discharged and acquitted of payment of Tithes as freely and in as large ample and beneficial manner to all intents and purposes as any of the Persons or Corporations whose Offices or Places are taken away by this Act at
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed and appointed and shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcel thereof and of the Revenues Rents Issues and Profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further Enacted by the Authority aforesaid That all Leases Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid That all and singular Revenues Rents Issues Fees Profits Sums of Money and Allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-house or other charitable use payable by any the Corporations or Persons whose Offices or Places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said Premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the Premisses to the end the same may be distributed applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it Ordained and Enacted That the Lord Keeper of the Great Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
other things under any Great Seal of England in any time heretofore were or have been and that for time to come the said Great Seal now remaining in custody of the said Commissioners continue and be used for the Great Seal of England and that all Grants Commissions Presentations Writs Process Proceedings and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed be invalid and of no effect to all intents and purposes except such Writs Process and Commissions as being passed under any other Great Seal than the said Great Seal in the Custody of the Commissioners aforesaid on or after the said two and twentieth day of May and before the 28. day of November Anno Dom. 1643. were afterward proceeded upon returned into or put in ure in any the Kings Courts at VVestminster and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench and except all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery Assize and Nisi prius or Oyer and Terminer passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642. And that all Grants of Offices Lands Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons Bodies Politick or Corporate since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void and that all Honours and Titles conferred upon any Person or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void His MAJESTIES Answer to the Propositions of both Houses Newcastle Aug. 1. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster CHARLES R. THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster and the Commissioners of the Parliament of Scotland to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned Days for his Majesties Answer do import so great Alterations in Government both in the Church and Kingdom as it is very difficult to return a particular and positive Answer before a full Debate wherein these Propositions and the necessary Explanations true sense and Reasons thereof be rightly weighed and understood and that his Majesty upon a full view of the whole Propositions may know what is left as well as what is taken away and changed In all which he finds upon discourse with the said Commissioners that they are so bound up from any capacity either to give Reasons for the Demands they bring or to give ear to such Desires as his Majesty is to propound as it is impossible for him to give such a present judgment of and Answer to these Propositions whereby he can answer to God that a safe and well-grounded Peace will ensue which is evident to all the World can never be unless the just Power of the Crown as well as the Freedom and Propriety of the Subject with the just Liberty and Priviledges of the Parliament be likewise setled To which end his Majesty desires and proposeth to come to London or any of his Houses thereabouts upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners That he shall be there with Freedom Honour and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have these Doubts cleared and these Difficulties explained unto him which he now conceives to be destructive to his just Regal Power if he shall give a full Consent to these Propositions as they now stand As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men desire and pray for by the settling of Religion the just Priviledges of Parliament with the Freedom and Propriety of the Subject and his Majesty assures them that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto so he will chearfully grant and give his Assent unto all such Bills at the desire of his two Houses or reasonable Demands for Scotland which shall be really for the good and peace of his People not having regard to his own particular much less of any body 's else in respect of the Happiness of these Kingdoms Wherefore his Majesty conjures them as Christians as Subjects and as men who desire to leave a good name behind them that they will so receive and make use of this Answer that all issues of Blood may be stopped and these unhappy Distractions peaceably setled Newcastle August 1. 1646. POST-SCRIPT Upon assurance of a happy Agreement his Majesty will immediately send for the Prince his Son absolutely expecting his perfect Obedience to return into this Kingdom His MAJESTIES Message to both Houses from Newcastle Dec. 20. 1646. To the Speaker of the House of Peers pro tempore to be communicated to the Lords and Commons of the Parliament of England assembled at Westminster and to the Commissioners of the Parliament of Scotland at London CHALLES R. HIS Majesties thoughts being always sincerely bent to the Peace of his Kingdoms was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People and to this end could find no better way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences yet finding very much against his expectations that this Offer was lay'd aside his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last But the more he endeavoured it he more plainly saw that any Answer he could make would be subject to misinformations and mis-constructions which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction as would doubtless cause a happy and lasting Peace Lest therefore that good Intentions may produce ill Effects His Majesty again proposeth and desires again to come to London or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners that he shall be there with Honour Freedom and Safety where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People but also have those Doubts cleared and those Difficulties explained to him without which he cannot but with the aforesaid mischievous Inconveniencies give a particular Answer to the Propositions and with which he doubts not but so
nor lavished on ambitious designs from all which destructions of Treasure no King was more free was but just sufficient for ordinary and necessary Expences of State and Majesty And though it was most just for Him to expect the Peoples Contribution to their own Safety who were never richer than now nor had they ever more Security for their Riches than they now had by his Concessions of Liberty yet knowing how powerful the Faction alwaies was to disturb the Counsels of Parliament He feared that from their Proceedings the common Enemies would be incouraged as formerly to higher Insolencies and the envious Demagogues would contemn their own safety to ruine His Honour He also accounted it a great unhappiness to be necessitated to maintain His State by extraordinary waies and therefore refused to renew Privie Seals and Loans the use of which He debarred Himself of in granting the Petition of Right Therefore consults His Atturney-General Noy whether the Prerogative had yet any thing left to save an unwilling people Noy acquaints Him with Ancient Precedents of raising a Tax upon the Nation for setting forth a Navie in case of danger and assures Him of the Legality of the way in proceeding by Writs to that effect Which Counsel being embraced there were Writs directed to the several Counties for such a Contribution that in the whole might build furnish and maintain Forty Seven Ships for the safety of the Kingdom And by these the King soon secured and calmed the Seas but the Faction endeavoured to raise a Tempest at Land They complained of Invasions on their Spiritual Liberties An. 1635 because the Bishops endeavoured in these years to reduce the Ceremonies of the Church to their primitive Observance of which a long Prosperity had made men negligent and time had done that to the Spiritual Body which it doth to the Natural dayly amassed those Corruptions which at length will stand in need of cure Therefore when they took this proper Method of reforming a corrupted State in bringing things back to their Original Institution both His Majesty and they were defamed with designs of Popery This Tax of Ship-money was pretended a breach to their Civil Liberties and contrary to Law because not laid by a Parliament Therefore those who sought the People's favour to alter the present Government by seeming the singular Patrons of their Rights An. 1636 refused to pay the Tax and stood it out to a Trial at Law The Just Prince declined not the Tryal and permitted Monarchy and Liberty to plead at the same Bar. All the Judges of the Land did justifie by their Subscriptions that it was legal for the King to levy such a Tax and their Subscriptions were enrolled in all the Courts of Westminster-Hall And when it came to be argued in the Exchequer-Chamber ten of them absolutely declared for it only two Crook and Hutton openly dissented from that Opinion to which they had formerly subscribed not without the ignominy of Levity unbeseeming their places And as the King was thus victorious in the Law so was He at Sea and having curbed the Pirates He also reduced the Hollanders to a precarious use of His Seas Amidst all these Difficulties and Calumnies the King hitherto had so governed that sober men could not pray for nor Heaven grant in Mercy to a People any greater Happiness than what His Reign did afford The British Empire never more flourished with Magnificent Edifices the Trade of the Nation had brought the Wealth of the Indies home to our doors Learning and all good Sciences were so cherished that they grew to Admiration and many Arts of the Ancients buried and forgotten by time were revived again No Subjects under the Sun richer and which was the effect of that none prouder Security increased the Husband-mans stock and Justice preserved his Life none being condemned as to Life but by the lawful Verdict of those of an equal Condition the Jury of his Peers The poor might Reverence but needed not Fear the Great and the Great though he might despise yet could not injure his more obscure Neighbour And all things were so administred that they seemed to conspire to the Publick good except that they made our Happiness too much the cause of all Civil Commotions and brought our Felicity to that height that by the necessity of Humane Nature which hath placed all things in motion it must necessarily decline And God provoked by our sins did no longer restrain and obstruct the arts and fury of some wicked men who contemning their present certain enjoyments hoped for more wicked acquisitions in publick Troubles to overwhelm every part of the King's Dominions with a Deluge of Blood and Misery and to commence that War which as it was horrid with much slaughter so it was memorable with the Experiences of His Majesties Vertues Confusions like Winds from every Coast at once assaulting and trying His Righteous Soul The first Storm arose from the North and the flame first broke out in Scotland where those Lords who feared they should lose their spoils of Religion and Majesty took all occasions to hasten the publick Misery which at last most heavily lay upon their Country the hands they had strengthned and instructed to fight against their Prince laying a more unsupportable slavery upon them then their most impious Slanders could form in the imaginations of the credulous that they might fear from the King by calumniating the King's Government raising fears of Tyranny and Idolatry forming and spreading seditious Libels The Author or at least the Abettor of one of which was found to be the Lord Balmerino a Traitor by Nature being the Son of one who had before merited Death for his Treasons to King James yet found that mercy from him as the Son now did from King Charles to have his Life and Estate continued after condemnation Yet this perfidious man interpreted the King's Clemencie for his own Vertue and he that had dared such a Crime could not be changed by the Pardon of it and as if he had rather received an Injury than Life he was the most active in the approaching Rebellion For the Rabble An. 1637 that delights in Tumults were fitted by this and other Boutefeus for any occasion of contemning the King's Authority though His designs that were thus displeasing to the Noblefs were evidently for the benefit of the Populacy and at last took fire from the Liturgie something differing from ours lest a full consent might argue a dependency upon the Church of England which some Scotish Bishops had composed and presented to the King for the use of their Church which the King who was desirous that those who were united under His Command might not be divided in Worship confirmed and appointed to be first read July 13. at Edinburgh a City always pregnant with suspicions and false rumours But it was entertained with all the instruments of Fury that were present to a debauched multitude for they flung Cudgels and Sticks at
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Ports in the Kingdom of England having His Majesty's Pass or the Pass of any who is or shall be His Majesty's Admiral or Vice-Admiral or the Pass of any Governour or Governours of any the Ports in England in His Majesty's Hands or which shall hereafter during this Cessation be in His Majesty's Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above-named Persons are authorized as aforesaid neither in their coming to this Kingdom nor in their return so as they use not any Act of Hostility to any of their said Party And this to be a Rule until His Majesty's pleasure be further declared therein upon application of the Agents of the said Roman Catholick Subjects now in Arms c. to His Majesty Item It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the name of His Majesty that no interruption shall be given by any Ship or Ships under His Majesty's Power and Command or waged employed or contracted with by or in the behalf of His Majesty or by any of His Majesty's Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall trade with any of the said Roman Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman Catholicks now in Arms c. with Arms Ammunition Merchandize Commodity or any thing whatsoever during this Cessation as on the other side the said Donnogh Viscount Muskery and the rest above-named of that Party do promise and undertake for and in the behalf of those by whom they are authorized that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or waged employed or contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their power to any Ship or Ships that shall Trade with any of His Majesty's Subjects obeying this Cessation or which shall come in or go out of any the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandize Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles Item It is concluded and accorded that the Quarters in the Province of Leimster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further concluded and accorded that as much of the County of Meath as is on the East and South sides of the River of Boyne from Droghedagh to Trim and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman Catholick Subjects now in Arms and their party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed by any of the said Roman Catholick Subjects now in Arms c. and of their Party within the said limits and boundaries and that the residue of the said County of Meath shall remain in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the fifteenth day of September 1643. at the hour aforesaid are possessed within the said last-mentioned Quarters in the County of Meath by His Majesty's Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the hands and possessions of His Majesty's Protestant Subjects and their adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed within the said Quarters by the said Roman Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed by His Majesty's Protestant Subjects and their adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West-Meath King County Queens County Catherlagh Kilkenny County of the City of Kilkenny Weixford and Longford shall during the said Cessation remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of Septemb. 1643. at the hour aforesaid are possessed within the said County by His Majesty's Protestant Subjects and their adherents respectively Item It is concluded and accorded that what Corn hath been sown by any of His Majesty's Army or by any of His Protestant Subjects or their adherents or by any of them within any of the Quarters allotted in the Province of Leimster to the said other Party the same shall be enjoyed by the sowers and manurers paying for the same as they did agree and in case they did not agree paying the fourth sheaf unto such Garrison within whose Quarters the same shall
same Qualification a sixth part 4. For the persons nominated in the said fourth Qualification and those included in the tenth Qualification an eighth part 5. For all others included in the sixth Qualification a tenth part And that real Debts either upon Record or proved by Witnesses be considered and abated in the valuation of their Estates in all the cases aforesaid 3. That those who shall hereafter come to Compound may not have the Covenant put upon them as a Condition without which they may not Compound but in case they shall not willingly take it they may pass their Compositions without it 4. That the Persons and Estates of all English not worth two hundred pounds in Lands or Goods be at liberty and discharged and that the King 's menial Servants that never took up Arms but only attended His Person according to their Offices may be freed from Composition or to pay at most but the proportion of one years Revenue or a twentieth part 5. That in order to the making and perfecting of Compositions at the Rates aforesaid the Rents Revenues and other Dues and Profits of all sequestred Estates whatsoever except the Estates of such persons who shall be continued under exception as before be from henceforth suspended and detained in the hands of the respective Tenants Occupants and others from whom they are due for the space of six months following 6. That the Faith of the Army or other Forces of the Parliament given in Articles upon Surrenders to any of the King's Party may be fully made good and where any breach thereof shall appear to have been made full reparation and satisfaction may be given to the parties injured and the persons offending being found out may be compelled thereto XVI That there may be a general Act of Oblivion to extend unto all except the persons to be continued in exception as before to absolve from all Trespasses Misdemeanors c. done in prosecution of the War and from all trouble or prejudice for or concerning the same after their Compositions past and to restore them to all Priviledges c. belonging to other Subjects provided as in the fourth particular under the second general Head aforegoing concerning Security And whereas there have been of late strong endeavours and practices of a factious and desperate party to embroil this Kingdom in a new War and for that purpose to induce the King the Queen and Prince to declare for the said Party and also to excite and stir up all those of the King 's late Party to appear and engage for the same which Attempts and Designs many of the King's Party out of their desires to avoid further Misery to the Kingdom have contributed their endeavours to prevent as for divers of them we have had particular Assurance we do therefore desire that such of the King's Party who shall appear to have expressed and shall hereafter express that way their good Affections to the Peace and Welfare of the Kingdom and to hinder the imbroiling of the same in a new War may be freed and exempted from Compositions or to pay but one years Revenue or a twentieth part These Particulars aforegoing are the Heads of such Proposals as we have agreed on to tend in order to the settling of the Peace of this Kingdom leaving the Terms of Peace for the Kingdom of Scotland to stand as in the late Propositions of both Kingdoms until that Kingdom shall agree to any alteration Next to the Proposals aforesaid for the present settling of a Peace we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare ease and just satisfaction of the Kingdom and in special manner I. That the just and necessary Liberty of the People to represent their Grievances and Desires by way of Petition may be cleared and vindicated according to the fifth Head in the late Representation or Declaration of the Army sent from St. Albans II. That in pursuance of the same Head of the said Declaration the common Grievances of the People may be speedily considered of and effectually redressed and in particular 1. That the Excise may be taken off from such Commodities whereon the poor people of the Land do ordinarily live and a certain time to be limited for taking off the whole 2. That the Oppressions and Incroachments of Forest Laws may be prevented for future 3. All Monopolies old or new and Restraints to the freedom of Trade to be taken off 4. That a course may be taken and Commissioners appointed to remedy and rectifie the inequality of Rates lying upon several Counties and several parts of each County in respect of others and to settle the proportions for Land rates to more equality throughout the Kingdom in order to which we shall offer some further particulars which we hope may be useful 5. The present unequal troublesome and contentious way of Ministers maintenance by Tithes to be considered of and some Remedy applied 6. That the Rules and Course of Law and the Officers of it may be so reduced and reformed as that all Suits and Questions of Right may be more clear and certain in the issues and not so tedious or chargeable in the proceedings as now in order to which we shall offer some further particulars hereafter 7. That Prisoners for Debt or other * Creditors who have Estates to discharge them may not by embracing Imprisonment or any other ways have advantage to defraud their Creditors but that the Estates of all men may be some way made liable to their Debts as well as Tradesmen are by Commissions of Bankrupt whether they be imprisoned for it or not and that such Prisoners for Debt who have not wherewith to pay or at least do yield up what they have to their Creditors may be freed from Imprisonment or some way provided for so as neither they nor their Families may perish by their Imprisonments 8. Some provision to be made that none may be compelled by Penalties or otherwise to answer unto Questions tending to the accusing of themselves or their nearest Relations in Criminal Causes and no man's life to be taken away under two Witnesses 9. That consideration may be had of all Statutes and the Laws or Customs of Corporations imposing any Oaths either to repeal or else to qualifie and provide against the same so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people meerly for non-conformity in Religion III. That according to the sixth Head in the Declaration of the Army the large powers given to Committees or Deputy-Lieutenants during the late times of War and Distraction may be speedily taken into consideration to be re-called and made void and that such powers of that nature as shall appear necessary to be continued may be put into a regulated way and left to as little Arbitrariness as the nature and necessity of the things wherein they are conversant