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
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
Advocate Rives and D. Duck. And afterward in a Letter of one of the Commissioners for the two Houses He sent inclosed this Note Nov. 2. C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Ferne Dr. Morley XXXVIII From NEWPORT Sept. 29. MDCXLVIII Containing His Concessions HIS Majesty did use many earnest endeavours for a Personal Treaty which He hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for Peace which might put an end to His own sad condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His consent to the First Proposition But finding you are limited by Instructions which you have no warrant to communicate unto Him and having cause by your Paper of the twentieth of this present to believe that you have no power to omit or alter any thing though He shall give you such reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties reasons expressions and offers upon debate cannot be fully represented and from whence their Answers cannot be returned without much waste of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good Work now in hand may by God's blessing proceed more speedily and effectually to an happy conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent that the calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for three years the Directory for the publick Worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for three years by Act of Parliament the Form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgment or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or Form of Worship but have free practice of their own profession And that a free consultation and debate be had with the Assembly of Divines at Westminster in the mean time twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and Form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and the Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesom times divers of His Subjects have made contracts and purchaces and divers have disbursed great summs of moneys upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal estates for lives or for years at their choice not exceeding 99 years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Leases shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the propriety and inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof and the rent that shall be reserved to be for their maintenance His Majesty will give his Royal assent for the better observation of the Lord's day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying pluralities of Benefices by Spiritual persons and Non-residency and to an Act for regulating and Reforming both Universities and the Colledges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the education of the children of Papists by Protestants in the Protestant Religion As also to an Act for the true levying of the penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf As also to an Act to prevent the practices of Papists against the State and for putting the Laws in Execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth He conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the persons and estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm Yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the power therein mentioned after the present Distempers setled than shall be agreeable to the legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall arm train and discipline or cause to be armed trained or disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick
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
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
Peers pro tempore and William Lenthal Speaker of the House of Commons My Lord and Mr. Speaker I Have received your Letter of the second of this Month containing the Names of those who are to Treat with Me and though they do not come at the time appointed I shall not wonder at first judging it too short in respect of My two Houses not of My self so that I did not imagine it could be kept as I then commanded Sir Peter Killegrew to tell you by word of Mouth and therefore it shall be far from Me to take Exceptions for their having elapsed the appointed time for God forbid that either my two Houses or I should carp at circumstances to give the least impediment to this Treaty much less to hinder the happy finishing of it I say this the rather because I know not how it is possible in this I shall wish to be deceived that in Forty days Treaty the many Distractions of these Kingdoms can be setled and if so it were more than strange that time enough should not be given for the perfecting of this most great and good Work which as I will not believe can be stuck on by the two Houses so I am sure it shall never be by Carisbrook 7. Sept. 1648. Your good Friend CHARLES R. I think fit to tell you because I believe in this Treaty there will be need of Civil Lawyers I have sent for My Advocate Rives and D. Duck. And afterward his Majesty desired the Persons named in this Note inclosed in a Letter of one of their Commissioners Novemb. 2. to be sent to Him C. R. The Bishop of Armagh the Bishop of Excester the Bishop of Rochester the Bishop of Worcester Dr. Fern Dr. Morley The Propositions of both Houses being the same which had been presented to his Majesty at Hampton-Court and little differing from those which had been largely discussed in the former Treaties at Oxford and Uxbridg for this reason as also because neither Party did publish the particulars of this Treaty we have thought fit to represent only what is Authentick and therefore shall add only His Majesties fair Offers in order to a Peace His MAJESTIES Propositions 29. Sept. 1648. HIS Majesty did use many earnest endeavours for a Personal Treaty which he hoped might have been obtained at Westminster between Him and His two Houses of Parliament immediately yet they having made choice of this way by you their Commissioners His Majesty did gladly and chearfully accept thereof in this place as a fit means to begin a Treaty for a Peace which might put an end to His own sad Condition and the Miseries of His Kingdom For an entrance whereunto His Majesty hath already expressed His Consent to the First Proposition But finding you are limited by Instructions which you have no Warrant to communicate unto Him and having cause by your Paper of the 20. of this present to believe that you have no power to omit or alter any thing though He shall give you such Reasons as may satisfie you so to do without transmitting the Papers to the two Houses at a far distance where His Majesties Reasons Expressions and Offers upon Debate cannot be fully represented and from whence their Answers cannot be returned without much wast of the time allotted for the Treaty here and having lately received another Paper concerning the Church containing in it self many particulars of great importance and referring to divers Ordinances Articles of Religion and other things eleven or twelve in number of great length and some of them very new and never before presented to His Majesty the due consideration whereof will take up much time and require His Majesties Presence with His two Houses before a full resolution can well be had in matters of so high consequence To the end therefore that the good work now in hand may by God's blessing proceed more speedily and effectually to an happy Conclusion and that His two Houses of Parliament may at present have further security and an earnest of future satisfaction His Majesty upon consideration had of yours makes these Propositions following Concerning the Church His Majesty will consent That the Calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parliament And will by Act of Parliament confirm for Three years the Directory for the Publick worship of God in the Kingdoms of England and Ireland and Dominion of Wales And will likewise confirm for Three years by Act of Parliament the form of Church-Government which ye have presented to Him to be used for the Churches of England and Ireland and Dominion of Wales Provided that His Majesty and those of His Judgement or any others who cannot in Conscience submit thereunto be not in the mean time obliged to comply with the same Government or form of Worship but have free practice of their own profession And that a free Consultation and debate be had with the Assembly of Divines at Westminster in the mean time Twenty of His Majesties Nomination being added unto them whereby it may be determined by His Majesty and His two Houses of Parliament how the said Church-Government and form of Publick Worship after the said time may be setled or sooner if Differences may be agreed and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland and Dominion of Wales And the Articles of Christian Religion now delivered to Him may in like manner be then considered of and determined and care taken for the ease of tender Consciences And concerning the Bishops Lands and Revenues His Majesty considering that during these troublesome times divers of His Subjects have made Contracts and Purchases and divers have disbursed great Sums of Money upon security and engagement of those Lands His Majesty for their satisfaction will consent to an Act or Acts of Parliament whereby legal Estates for Lives or for Years at their choice not exceeding ninety nine years shall be made of those Lands towards the satisfaction of the said Purchasers Contractors and others to whom they are engaged at the old Rents or some other moderate Rent whereby they may receive satisfaction And in case such Lease shall not satisfie His Majesty will propound and consent to some other way for their further satisfaction Provided that the Propriety and Inheritance of those Lands may still remain and continue to the Church and Church-men respectively according to the pious intentions of the Donors and Founders thereof And the rest that shall be reserved to be for their maintenance His Majesty will give His Royal Assent for the better observation of the Lords day for suppressing of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom and to an Act against enjoying Pluralities of Benefices by Spiritual Persons and Non-residency and to an Act for Regulating and