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
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
Weight as to alledg that the Scots Great Seal did countenance the Irish Rebellion when I know it can be proved by Witnesses without exception that for many months before until the now Lord Chancellor had the keeping of it there was nothing at all Sealed by it Nor concerning this great point will I only say that the King is Innocent and bid them prove which to most Accusations is a sufficient Answer but I can prove that if the King had been obeyed in the Irish Affairs before He went last into Scotland there had been no Irish Rebellion and after it was begun it had in few months been suppressed if His Directions had been observed For if the King had been suffered to have performed His Engagements to the Irish Agents and had disposed of the discontented Irish Army beyond Sea according to His Contracts with the French and Spanish Ambassadours there is nothing more clear than that there could have been no Rebellion in Ireland because they had wanted both Pretence and Means to have made one Then when it was broken forth if those vigorous courses had been pursued which the King proposed first to the Scots then to the English Parliament doubtless that Rebellion had been soon suppressed But what He proposed took so little effect that in many months after there was nothing sent into Ireland but what the King Himself sent assisted by the Duke of Richmond before He came from Scotland unto Sir Rob. Steward which though it were little will be found to have done much service as may be seen by the said Sir Robert's voluntary Testimony given in writing to the Parliament Commissioners then attending the King at Stoak And certainly a greater Evidence for Constancy in Religion there cannot be than the King shewed in His Irish Treaty for in the time that He most needed Assistance it was in His Power to have made that Kingdom declare unanimously for Him and have had the whole Forces thereof employed in His Service if He would have granted their Demand in Points of Religion they not insisting on any thing of Civil Government which His Majesty might not have granted without prejudice to Regal Authority and this can be clearly proved by the Marquess of Ormond's Treaties with the Irish not without very good Evidence by some of the King's Letters to the Queen which were taken at Naseby that are purposely concealed lest they should too plainly discover the King's detestation of that Rebellion and His rigid firmness to the Protestant Profession Nor can I end this Point without remarking with wonder that Men should have so ill Memories as again to renew that old Slander of the King 's giving Passes to divers Papists and Persons of Quality who headed the Rebels of which He so cleared Himself that He demanded Reparation for it but could not have it albeit no shew of Proof could be produced for that Allegation as is most plainly to be seen in the first book of the Collection of all Remonstrances Declarations c. fol. 69 70. Thus having given a particular Answer to the most material Points in this Declaration the rest are such frivolous malicious and many of them groundless Calumnies that Contempt is the best Answer for them Yet one thing more I must observe that they not only endeavour to make Fables pass for currant Coyn but likewise seek to blind mens Judgements with false Inferences upon some Truths For Example it is true that the King hath said in some of His Speeches or Declarations That He oweth an Accompt of His Actions to none but God alone and that the Houses of Parliament joynt or separate have no Power either to make or declare any Law But that this is a fit foundation for all Tyranny I must utterly deny Indeed if it had been said that the King without the Two Houses of Parliament could make or declare Laws then there might be some strength in the Argument but before this Parliament it was never so much as pretended that either or both Houses without the King could make or declare any Law and certainly His Majesty is not the first and I hope will not be the last King of England that hath not held Himself Accomptable to any Earthly Power Besides it will be found that this His Majesty's Position is most agreeable to all Divine and Humane Laws so far it is from being Destructive to a Kingdom or a Foundation for Tyranny To conclude I appeal to God and the World whether it can be parallel'd by Example or warranted by Justice that any man should be slander'd yet denied the sight thereof and so far from being permitted to answer that if he have erred there is no way left him to acknowledge or mend it and yet this is the King 's present Condition who is at this time laid aside because He will not consent that the old Fundamental Laws of this Land be changed Regal Power destroyed nor His People submitted to a new Arbitrary Tyrannical Government III. His Majesty's Declaration concerning the Treaty and His dislike of the Armies Proceedings Nov. 22. MDCXLVIII Delivered by His Majesty to one of His Servants at His departure from the Isle of Wight and commanded to be published for satisfaction of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of Tyranny and Oppression and hath not all the blood that hath been spilt these seven years been cast upon My head who am the greatest sufferer though the least guilty and was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute destruction to this Nation And what more speedy way was there to consummate those distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their capital Enemy But let the World judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of My poor distressed People much revived with the hopes of a happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too little to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been imprisoned
shall observe the Articles of the Cessation by which that is restrained III. As for the expression of the Army raised by the Parliament they are contented it should be altered thus raised by both Houses of Parliament as not desiring to differ upon words But to give any conclusive Power in this case to the Committee upon such Differences as may arise wherein the Houses have given no express direction is neither safe for the Committee to undertake nor fit for the two Houses to grant yet to debate and to press the reason of their desires whereby an Agreement from Your Majesty may be procured is granted to them And although the two Houses did think it most proper the Cessation should be first agreed on and that it was unfit to Treat in blood yet to satisfie the World of their earnest longing after Peace they have given power to the Committee to enter into the Treaty upon the two first Propositions notwithstanding the Cessation be not yet assented to and those being agreed they hope the foundation will be laid not only of a suspension but a total abolition of all Hostility in the Kingdom IV. If the nature of War be duly considered it must needs be acknowledged that it is incompatible with the ordinary rules of a peaceable Government Your Majesty would have them commit none but according to the known Laws of the Land whereby they conceive Your Majesty understands that it must be by the ordinary Process of Law which being granted it will follow that no man must be committed by them for supplying Your Majesty with Arms Powder Ammunition for by the Law of the Land the Subjects may carry such goods from London or any other place to Oxford the Souldiers must not be committed if they run from their Colours and refuse any duty in the Army no man shall be committed for not submitting to necessary supplies of Mony So that if this be yielded in Your Majesty's sense they shall be disabled to restrain supplies from their Enemies and to govern or maintain their own Souldiers It cannot be thought reasonable that under the disguise of a Cessation they should admit that which will necessarily produce the dissolving of the Army and destruction of the Cause It seems not probable that Your Majesty doth intend that if any be taken with supplies for this Army or mutining in Your own such persons shall not be committed but according to the known Laws of the Land that is by process of Law but rather that Your Majesty will so interrupt this limitation of known Laws that though it lays streight bonds upon the two Houses yet it leaves Your Generals as much liberty as before For it hath been denied by Your Majesty that these known Laws give any Power to the two Houses of Parliament to raise Arms and so consequently their General cannot exercise any Martial Law in those cases and it is not unlike but that it will be affirmed that the Generals constituted by Your Majestys Commission have that power by the same known Laws So that this Article under the specious shew of Liberty and Law would altogether disable them to defend their Liberties and Laws and would produce to Your Majesty an absolute Victory and Submission under pretence of a Cessation and Treaty V. Being by necessity inevitable on their part enforced to a defensive War in this unhappy Breach between Your Majesty and them and that they are therein warranted both by the Laws of God and Man it must needs follow that by the same Law they are enabled to raise means to support that War and therefore till it shall please God to incline Your Majesty to afford them such a Peace as may secure them they cannot relinquish the power of laying Taxes upon those who ought to joyn with them in that Defence and the necessary ways of levying those Taxes upon them in case of refusal for otherwise their Army must needs be dissolved But if Your Majesty shall consent to disband the Armies the Cause of the War being taken away the Consequences will likewise be removed and the Subject restored to the benefit of those Laws which the necessity of Arms hath in such cases suspended VI. They deny any pretence of consenting to those Alterations and Additions offered by Your Majesty only in the Preamble they say they have considered of those Articles with such Alterations and Additions unto which Articles they profest they were ready to agree not as they were accompanied with those Alterations and Additions but in such manner as they expressed As for the Clause left out in the third Article it implyed a freedom of passage and communication of Quarters which is contrary to the nature of a Cessation whereby matters should be preserved in the state they are and neither party have liberty so much to advantage himself as it is evident Your Majesty might do if your Forces in the North and West might joyn with those at Oxford and bring those supplies of Treasure or Arms thither which were brought out of Holland or at least it should be so indifferent as to give a proportionable advantage to the other side which this doth not For the Forces under the power of both Houses are so disposed that they have an easie passage from one to the other but Your Majesty's Forces are severed the one from the other by many large Counties strong Passes and competent Armies and if they had admitted this Clause they had bereaved themselves of one of the greatest Advantages and freed Your Majesty's party of one of the greatest Inconveniences which Your Majesty or they have in this War For the Reasons already alledged they cannot agree to the alterations and enlargements of the Cessation propounded or to transfer any such power to the Committee of treating debating and agreeing upon those Articles in any other manner than the Houses have directed but that a fair and speedy passage may be opened to a secure and a happy Peace they have enabled their Committees to treat and debate upon the two Propositions concerning His Majesty's own Revenue the delivery of His Towns Castles Magazines and Ships and the disbanding of the Armies which being agreed upon a present Peace and Security will follow and the Treaty upon the other Propositions be facilitated without fear of interruption by the confusion of War or exasperation of either party by the bloody effects thereof In which Treaty the two Houses will desire and expect nothing but what doth stand with Your Majesty's Honour and the Trust reposed in You and is necessary for your Majesty's good Subjects that they may enjoy the true Religion and their Liberties and Privileges and that they may freely and in a Parliamentary way concur with Your Majesty in those things which may conduce to the Glory of God the Safety and Happiness of Your Majesty and Your Posterity and People and preventing the like miserable effusion of English blood for the time to come For the
being to that purpose Fourthly it is agreed That there shall be levied and furnished by the Kingdom of England Ten Troops of sufficient and well armed Horse-men consisting of sixty in a Troop besides the Officers and that there shall be a Commissary General a Serjeant-Major and a Quarter-master appointed over them which shall joyn and remain with the Body of the Scotish Foot and shall receive and obey the Orders and Instructions of the Commanders of the Scotish Army and that there shall be presently advanced the sum of Twelve hundred Pounds sterling for the levying of a Troop of one hundred Horsemen in Scotland besides the Officers to be a Guard to the General of the Scotish Army Fifthly it is agreed That the Commanders and Soldiers of the Scotish Army shall have such Pay respectively as the Commanders and Soldiers of the English Army have according to a List presently agreed upon by the Commissioners of both Kingdoms as also that the Officers of that Army shall have such allowance for their Wagons as is contained in the said List Sixthly it is agreed That the Towns and Castle of Carickfergus and Colrane shall be put into the hands of the Scotish Army to be places for their Magazines and Garrisons and to serve them for Retreat upon occasion and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases and that the said Towns and Castle shall remain in the Scots hands until the War shall end or that they shall be discharged of that service Like as the Commissioners for the Kingdom of Scotland do promise in the Publick Faith of that Kingdom to re-deliver the said Towns and Castle to any having Commission from the King and Parliament of England as also the Commissioners for the Kingdom of England do promise in the name and on the Publick Faith of that Kingdom that Payment shall be made to the Kingdom of Scotland and their Army of all dues that shall arise upon this present Treaty and that when the Scotish Army imployed in the service of Ireland shall be discharged they shall be disbanded by Regiments and no lesser proportions and so many of them payed off as shall be disbanded and the residue kept in pay till they be disbanded Seventhly it is agreed That the Towns of Carick fergus and Colrane shall by the Kingdom of England be with all expedition provided with Victuals necessary for Soldiers either in Garrisons or Expeditions according to a List to be agreed on and subscribed by the Commissioners of both Kingdoms and that such quantities thereof as the Scotish Army shall have occasion to use shall be sold unto them and bought by them at the several Prices contained in the aforesaid List and also that the said Towns of Carickfergus and Colrane shall be provided by the Kingdom of England with Powder Ball Match and other Ammunition for the service of the said Army conform to the particular List to be condescended unto by both Commissioners and that Carts and Waggons shall be provided by the Kingdom of England for carrying of Ammunition for the use of the said Army in Marches as also that there shall be Gun-Smiths Carpenters and one or two Enginers appointed to attend the Army and that hand-Mills shall be provided to serve the Companies in Marches Eighthly it is agreed That the Kingdom of England shall deposite two thousand Pounds English Money in the hands of any to be appointed by the Scotish Commissioners to be disbursed upon accompt by warrant of the General of their Army upon Fortifications Intelligences and other Incidents so that there be not above the sum of two thousand Pounds in a year imprested upon these occasions without particular and special Warrant from the Parliament of England as also that there shall be deposited Two thousand and five hundred Pounds English to be disbursed upon Accompt for the providing of a thousand Horses for the Garriage of the Artillery the Baggage and Victual of their Army and for Dragooners upon occasion and likewise that the Scotish Army during the time of the War shall have power to take up such Horses in the Country as be necessary for the uses aforesaid Ninthly it is agreed That the Inhabitants of the Towns and Villages in the Province of Vlster and in any other Province of Ireland where the Scotish Army shall be by it self for the time shall receive Orders from the Scotish Commanders and shall bring in Victuals for Money in an orderly way as shall be directed by them with Provision of Oats Hay and Straw and such other Necessaries and that the Countrey People shall rise and concur with the Scotish Troops when the Commanders thereof shall find it for the good of the Service and shall receive Orders and Directions from the said Commanders of the Scotish Army Tenthly it is agreed That the said Ten thousand Men to be sent out of the Kingdom of Scotland shall go in the way and order of an Army under their own General and subaltern Officers and the Province of Vlster is appointed unto them wherein they shall first prosecute the War as in their Judgment they shall think most expedient for the Honour of the King and Crown of England and that the Commanders of the said Army shall have power to give Conditions to Towns Castles and Persons which shall render and submit themselves as shall be most expedient for the Service according to the course of War Provided no Toleration of the Popish Religion be granted nor any condition made touching or concerning any of the Rebels Lands and that the Commanders of the Scotish Army shall be answerable for their whole deportment and proceedings to His Majesty and the two Houses of the Parliament of England only but shall from time to time give an accompt thereof to His Majesty the two Houses of the Parliament of England and to the chief Governour or Governours of Ireland for the time being That such Towns and Places as shall be recovered from the Rebels by the Scotish Army shall be at the diposing of the Commanders thereof during their abode for that Service in those parts where such Towns and Places are And if it shall be found for the good of the Service that the Scotish Army shall joyn with the Kings Lieutenant of Ireland and his Army in that case the General of the Scotish Army shall only cede to the Kings Lieutenant of Ireland and receive in a free and honourable way Instructions from him or in his absence from the Lord Deputy or any other who shall have the chief Government of that Kingdom for the time by Authority derived from the Crown of England and shall precede all others and that he only shall give Orders to the Officers of his own Army and that the Armies shall have the right and left hand Van and Reare Charge and Retreat successively and shall not mix in
People so as the Estates neither of Friends to publick Interest nor alone of inferior Enemies thereto may bear wholly the burthen of that loss and charge which by and for that Family the Kingdom hath been put unto Thirdly That Capital punishment be speedily executed upon a competent number of his chief Instruments also both in former and later Wars and that some of both sorts be pitcht upon as are really in your hands or reach Fourthly That the rest of the Delinquents English may upon rendring themselves to Justice have mercy for their Lives and that only Fines be set upon them and their persons declared incapable of any publick Trust or having any voice in Elections thereto at least for a good number of years And that a short day may be set by which all such Delinquents may come in and for those who come not in by that day that their Estates be absolutely confiscate and sold to the publick use and their persons stand exil'd as Traitors and to die without mercy if ever found after in the Kingdom or its Dominions Fifthly That the satisfaction of Arrears to the Soldiery with other publick Debts and competent reparations of publick Damages may be put into some orderly way And therefore that the Fines and Compositions of Delinquents be disposed to those uses only as also the Confiscations of such who shall be excluded from Pardon or not come in by the day assigned Now after publick Justice thus far provided for we proceed in order to the general satisfaction and settling of the Kingdom First That you would set some reasonable and certain period to your own Power Secondly That with a period to this Parliament there may be a settlement of the Peace and future Government of the Kingdom First That there may be a certain succession of future Parliaments Annual or Biennial with secure provision 1. For the certainty of their sitting meeting and ending 2. For equal Elections 3. For the Peoples meeting to elect provided that none engaged in War against the Kingdom may elect or be elected nor any other who oppose this Settlement 4. For clearing the future power of Parliaments as supreme only they may not give away any Foundation of Common Right 5. For liberty of entring Dissents in the said Representatives that the People may know who are not fit for future Trusts but without any further penalty for their free judgements Secondly That no King be hereafter admitted but upon Election of and as upon Trust from the People by such their Representatives not without first disclaiming all pretence to a Negative Voice against the determinations of the Commons in Parliament and this to be done in some form more clear than heretofore in the Coronation Oath These matters of general Settlement we propound to be provided by the Authority of the Commons in this Parliament and to be further established by a general Contract or Agreement of the People with their Subscriptions therunto And that no King be admitted to the Crown nor other person to any Office of publick Trust without express Accord and Subscription to the same Four Queries propounded by His MAJESTY when the Armies Remonstrance was read unto him at Newport concerning the intended Trial of His MAJESTY 1. WHether this Remonstrance be agreeable to the former Declarations of the Army and if not whether the Parliament would make good their Votes that after He had consented to what they desired He should be in a capacity of Honour Freedom and Safety 2. Whether His acknowledgement of the Blood that hath been spilt in the late Wars nothing being as yet absolutely concluded or binding could be urged so far as to be made use of by way of Evidence against Him or any of His Party 3. Whether the Arguments that He hath used in a free and Personal Treaty to lessen or extenuate and avoid the exactness of any of the Conditions though in manner and form only might be charged against Him as an act of Obstinacy or wilful persistence in what is alledged against Him in that He goes on in a destructive course of Enmity against the People and the Laws of the Land when He hath declared that His Conscience was satisfied concerning divers particulars in the Propositions 4. Whereas by the Letter of the Law all persons charged to offend against the Law ought to be tried by their Peers or Equals what the Law is if the Person questioned is without a Peer And if the Law which of it self is but a dead Letter seems to condemn him by what power shall Judgement be given and who shall give it or from whence shall the administrators of such Judgement derive their power which may by the same Law be deemed the supreme Power or Authority of Magistracy in the Kingdom His MAJESTIES Declaration concerning the Treaty and His dislike of the Armies Proceedings Delivered to one of His Servants at His Departure from the Isle of Wight and commanded to be published for the satisfastion of all His Subjects WHen large pretences prove but the shadows of weak performance then the greatest labours produce the smallest effects and when a period is put to a work of great concernment all mens ears do as it were hunger till they are satisfied in their expectations Hath not this distracted Nation groaned a long time under the burthen of tyranny and oppression And hath not all the blood that hath been spilt these seven years been cast upon My Head Who am the greatest Sufferer though the least guilty And was it not requisite to endeavour the stopping of that flux which if not stopt will bring an absolute Destruction to this Nation And what more speedy way was there to consummate those Distractions than by a Personal Treaty being agreed upon by My two Houses of Parliament and condescended to by Me And I might declare that I conceive it had been the best Physick had not the operation been hindred by the interposition of this imperious Army who were so audacious as to style Me in their unparallel'd Remonstrance their Capital Enemy But let the world judge whether Mine endeavours have not been attended with reality in this late Treaty and whether I was not as ready to grant as they were to ask and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land Were not the dying hearts of my poor distressed People much revived with the hopes of a Happiness from this Treaty and how suddenly are they frustrated in their expectations Have not I formerly been condemned for yielding too litte to My two Houses of Parliament and shall I now be condemned for yielding too much Have I not formerly been Imprisoned for making War and shall I now be condemned for making Peace Have I not formerly ruled like a KING and shall I now be ruled like a Slave Have I not formerly enjoyed the society of my dear Wife and Children in peace