to the peace and settlement of the Kingdome is this That the King do give his Royall assent to such Act or Acts for the raising of moneys for the Parliament satisfying of the publique Debts and Damages of the Kingdome and other publique uses as shal hereafter be agreed on by both Houses of Parliament And if the King do not give his assent thereto then it being done by both Houses the same shall be as valid to all intents and purposes as if the Royall assent had been given thereunto To this Proposition the King hath condescended so as those Acts be passed within two years after the Treaty ended which the Houses have now voted to be satisfactory This Proposition secures all moneys lent upon the publike faith all arrears due to Officers souldiers yea all moneys advanced by any who have purchas'd Bishops lands for their losses by reversions after 99 years or any present rents to be reserved to the Crowne for the use of the Church with which those Members who have purchased such lands or advanced moneys upon them declare themselves most unsatisfied all those who have sustained publique losses Yea if the King denies his royall assent thereto it enables both Houses to make a valid Act of Parliament without the King in this case and in case of the Militia likewise which was never challenged by nor granted to both Houses in any Kings Reign before takes away the Kings Negative voice as to these particulars which those who conclude the Kings answers unsatisfatory have so much contended for yet now stand in their own light in not accepting of these Concessions as satisfactory and striking at the Negative voice The next Concession of the Kings for the settlement of the State is the taking away of the Court of Words and of all Wardships and Tenures in Capite or by Knights service which draw on Wardships Primer seisures liveries and such like incombrances to the intolerable vassalage and prejudice of the Nobility and Gentry of England and great landed persons and that only upon giving the King and his successors one hundred thousand pounds yearly for compensations being one principall part of his Royall Revenue This Concession is of so vast consequence to the Kingdome to enfranchise the Subjects from the Norman yoak of bondage as some stile VVardships and Tenures in Capite though others deem them more ancient then William the Conqueror that our Ancestors never enjoyed the like It exempts mens heits under age and their estates from being made a prey for hungry Courtiers or over-reaching Committees of them their estates It exempts them from being married to any against their free consents without any single or double forfeiture of the values of their marriages to which they were formerly liable from marriages to persons of small or no or broken fortunes and different dispositions which have ruined many families from many chargeable suits expences excessive fees gratuities to Escheators Feodaries all sorts of griping Officers in the Court of Wards and from vast expences and extraordinary vexation in finding and traversing Offices suing out Liveries c. and many suits and questions arising thereupon which have undone too many And it deprives the King of such an over-awing Prerogative over the persons and Eâ—tates of the Nobility and Gentry which usually fell into his custody after every Tenants decease as will very much weaken his interest in and their over much dependence on him and make them lesse subject to engage for or with him against the Parliaments or Kingdomes common interest The next Proposition relating to the Kingdomes safety and settlement not so immediately and directly as any of the former is that which concernes Delinquents in which alone as to the State the Kings answers are pretended unsatisfactory not in all but only in some particulars of no extraordinary concernment in my apprehension though so much insisted on by many as to vote all the Treaty unsatisfactory In opening the state of the Kings Answers to this proposition I shall doe these 3. things First I shall shew how far the King and you are both agreed 2dly In what particulars you really or seemingly differ 3dly I shall examine whether these differences herein be of any such moment as to induce the House to vote the answers to this and the other Propositions upon the whole Treaty unsatisfactory and so reject and lose whatever the King hath granted in the rest because he hath not satisfied our demands in this one and two others concerning the Church For the first both Houses by their Votes have thought this Proposition touching Delinquents so needless to beinfisted on in every punctilio for the publick settlement which will certainly more obstruct then promote it merey moderation being the nearest way to peace and union that you have reduced since the Treaty the persons excepted in the first qualification both from life composition from 37 to 7 only six of those are beyond the Seas quite out of your power the 7th aged scarce worth your Execution The King consents that they should be banished during the pleasure of both Houses which is a civill death banishment being next to death the severest punishment and to some men more grievous then present Execution But if that will not satisfie then he leaves them wholly to your justice to proceed against them if you please according to Law and promiseth not to interpose nor pardon any of them if legally condemned only he adds ex abundanti that he cannot in justice or honor assent to any Act to take away their lives by a meer Legislative Power ex post facto if they have done nothing that was formerly capital by the known Laws of the Land by which Hee leaves them to be tryed This Answer many Gentlemen who have spoken have coucluded very unsatisfactory and made many large descants on it because they did not rightly weigh nor understand it when as in truth it Answers the very Proposition in terminis as I shall clearly manifest to all who understand what Law is First it is apparent that one of the first quarrels and cause of taking up Arms on our parts was to bring Delinquents to condign punishent according to the Laws and Statutes of the Realm as you have declared to the Kingdom in many printed Declarations and in your Petitions to the King you alwayes desired him to leave Delinquents to the course of Iustice not to cut them off by a meer Legislative Power when as you could not doe it by any known Law Secondly you have professed to all the World and to the King and Delinquents themselves that you have taken up Armes to defend and preserve the Ancient fundamentall Laws and Liberties of the Kingdom and to oppose the introduction of any Arbitrary and Tyrannicall Power Yea your selves and the Army likewise have declared against all extraordinary proceedings and tryals in the Lords House to
really done it I presume few Members of this House now of a different opinion would have voted the Kings Answers to the whole Treaty unsatisfactory But to take them as they are First the King hath so far condescended to their sale and disposall made or to be made as that the purchasers shall by Act of Parliament enjoy a lease of them not from the Bishops themselves but from the Crown for 99. yeares space reserving only the reversions afterward to the Crowne and that for the use of the Church in generall terms Secondly The King will bee content with the reservation only of the old or some other moderate rent to Him and His Heirs to bee imployed only for the Churches use and benefit Thirdly That for the absolute sale or alienation of them he cannot in point of conscience consent unto it being Sacriledge and an unlawfull Act in the opinion of all Divines as well in forraigne Reformed Churches as Domestick This I remember and conceive is the sum of his finall answer to this Proposition To examine these particulars a little in the generall and then by parts First I must make bold to inform you in the generall That the King and His Predecessors Kings of this Realm were the Originall founders of all our Bishoprieks and patrons of them That all their Lands Rent and Revenues whatsoever originally proceeded from the Crown and Kings of England of whom they are bolden and that in times of vacancy the King enjoyes the profits of their temperalities as a part of His Royall Revenue and receives both tenths and first-fruits out of them upon every death or translation of the Bishops And therefore there is very great reason and Justice too they should be still held of the Crowne and not totally translated out of it and that the King and His successors should receive some reasonable Revenue or compensation out of them parting with such an interest in recompence for them Secondly That in the severall Treaties with the King Februar 1. 1641. and Iuly 11. 1646. All the Lands Possessions Rents and Reversions both of Archbishops and Bishops and likewise of Deans and Chapters and other Officers of Cathedrall and Collegiate Churches were by Act of Parliament to be settled in the very reall and actuall possession of the King His Heirs and Successors for ever to their own proper use except only their Impropriations Advowsons Tythes and Pensions which are not now to bee sold. And that the Ordinances for setling of Bishops Lands Rents and Possessions in Feâ—ffees and engaging and selling them for the monies lent upon the Publick saith and doubled to raise 200000. l. for disbanding of the Scotch Army passed on the Houses till October and November 1646 till which time there was no thought nor intent at all to sell or alienate them from the Crowne If then the King in two or three former Treaties by both Houses full and free consent and a Bill passed by them for that purpose was to enjoy to himselfe his Heirs and Successors all the demesne Lands Mannors Possessions Reversions Rents Inheritances and Revenues of Archbishops and Bishops and likewise of Deans and Chapters Prebends and the like it seems to me very just reasonable that he should demand and enjoy the Reversions of them after ninety nine years and such a moderate Rent as he and both Houses shall agree on And that this Answer of the Kings wherein he demands so little now only for the Churches use and benefit not his own should be fully satisfactory because we were very well content in former Treaties He and his Heirs should enjoy the whole only to their own use Thirdly That near one moiety of the Archbishops and Bishops possessions and revenues consists in Impropriations Tythes Pensions and the like which the King is content wholly to part with for the encrease of Ministers means and the benefit of the Church without any Reservation or Recompence And with all Deans and Chapters Lands and Revenues to boot Therefore it should be unsatisfactory or unreasonable in no mans judgement for the King to reserve some interest in the Reversions and Rents only of their demesne lands Fourthly The King demands the Riversions of the Lands after ninety nine years and some present moderate Rent not for the use and support of the Bishops and to keep a root for them to grow up again in our Church as hath been mistaken by some Archbishops and Bishops too being extirpated root and branch by the Kings former Answers as I have manifested but only for the use of the Church in such manner as the King and we shall agree to settle them who shall take care that no Bishop shall be a sharer in them all being to bee setled in the CROWNE alone and nothing in Reversion or Possession to in or upon the Bishops Fifthly The King consents that the Purchasers of Bishops Lands shall by Act of Parliament have a Lease of them for ninety nine years reserving the Reversion only after that terme which I conceive is no ill but a very good bargain for the Purchasers such a Lease by Act of Parliament being far better then the whole Inheritance by a bare Ordinance of both Houses which for ought I know if not confirmed by a subsequent Act of Parliament will prove little better then a Tenancy at Will or a Lease so long only as this Parliament continues Ordinances of both Houses only without the Kings Royall assent thereto being a new device of this present Parliament to supply some present necessities for our necessary defence and preservation during the Kings absence and hostility never known nor used in any former Parliaments what ever hath been conceived to the contrary Therefore this offer of the K. is no prejudice at all but a great advantage to the Purchasers wherewith they should rest fully satisfied But admit it be any losse at all to them and not rather a gain as things now stand in our tottering condition yet it is only of the reversion of these lands after ninety nine years worth not above one quarter or halfe a years purchase at the utmost which considering the low values at which Bishops lands are sold and the cheap rate now that most purchasers gave for Bills of Publick faith with which they bought them they may be well content to lose to secure their purchases for ninety nine years in these tumultuous and fluctuating times when some wise men who have made such purchases would very gladly give two or three years purchase if not more at the assurance Office to any who will ensure their estates in Bishops lands for so long a term and think they had a good bargain too at leastwise far better then the Bishops in case they should revive again as some fear who must be kept starving for 99 years in expectation of a dry Reversion All which considered the Kings Answers touching such Reversions I humbly conceive will be very
satisfactory to the purchasers of Bishops lands themselves who are most displeased with it As to that which hath been objected that some have purchased Reversions of Bishops Lands after 99 years in being who must absolutely lose their purchase money after this rate which is neither just nor honourable for the Parliament I answer that this is but the case of three or foure only that their purchases are of no considerable value nor bought fingly by themselves but jointly with Lands or Rents in possession of good value in which they had the cheaper purchase to take off the Reversion after so long a term which losse in the Reversion they may contentedly undergoe to purchase their owne and the Kingdomes peace and enjoy what they have purchased with these Reversions in possession without trouble or eviction by Act of Parliament for 99 years space or receive other satisfaction from the King and Parliament to their contentment in such manner as I shall presently inform you Sixtly To that concerning the present Rents which the Kingdemands out of Bishops Lands which sticks most with Purchasers many of them having purchased nothing but Rents and others more rents then Lands in possession which Rents must all be lost if they must pay their old rents over to the King to their undoing which would be both unjust unconscionable and dishonourable to the Houses upon whose assurance and engagement to enjoy their bargains they were induced both to lend money on and to purchase these Lands afterwards and would be no better then plain cheating and render them odious to all the world as some have objected I will not answer it with Caveat emptor but desire them to observe that the King in his answer doth not peremptorily require the Bishops old rents during the 99. years but only disjunctively either the old Rent or some other moderate Rent to be agreed on and if only a moderate proportion of the old rent be paid to the King the Purchaser is sure to enjoy the residue during the 99 yeares and so his purchase money not totally lost as is objected Besides the King will not reserve these Rents to the use of himselfe or the Crown but only to the Church and maintenance of the Ministers in such manner as He and his Houses shall agree in the Bill for setling these Lands in the way propounded by him Which offer opens this just and honourable way for the Houses to give all Purchasers of Bishops Land and Rents full satisfaction both for the losse of their reversions after 99 years and for the present rents which shall be reserved to the Crown out of Bishops Lands to the Churches use which I beleeve the King and Houses will readily consent to and that is to settle by Act of Parliament so much of the Dean and Chapters demein Lands and Rents upon the Purchasers as the losse of their Reversions after 99. years and present Rent to the Crowne shall amount unto upon a just computation By which means the Purchasers by way of Exchange of Deans and Chapters Lands and Rents for their Bishops shall have such full and satisfactory content even in kind as will cleare the Honour justice and Reputation of the Houses fair dealings in this particular throughout al the world and give the Ministers full satisfaction likewise for the augmentation of whose livings and maintenance the Deanes and Chapters Lands and Rents are designed by settling the reversion and Rents reserved to the Crown out of the Bishops Lands for the Churches use upon those who should have enjoyed the Deans and Chapters Lands thus settled on the Purchasers by exchange which being of equall value can be no losse nor prejudice to any This is such a visible and reall satisfaction to all purchasers as none of them can justly open their mouths against being both for their owne security and advantage and the Kingdomes settlement But if any of them dislike this reall satisfaction which the King no doubt will yeeld to there is an other means provided by this very Treaty for their satisfaction and that is by ready money for what ever they shall lose by Bishops Lands in possession or reversion by this Reservation to the Crown which I am sure they never will nor can refuse in Justice or equity they having the Bishops Lands conveyed to them only by way of Morgage or security for Moneys lent upon the publike faith And the houses by the 12th Article of this Treaty have time within two years space by Act or Acts to raise any summes of money for the payment of the publique debts of the Kingdome whereof the moneys lent upon Bishops Lands and the publique faith are a principall part and the same Justice of the Houses which hath already provided by severall Ordinances a sufficient recompence and satisfaction for purchasers of Bishops Lands in cases of eviction or of emergent charges and incumbrances discovered after the purchases made may be a sufficient assurance to them of the Houses Justice that they will give them as good or better satisfaction by one of these two wayes I have here propounded for any thing they shall part with to the King or Church for the settlement of the Kingdomes peace Seventhly it hath beene the solemn Protestation and Declaration of both Houses of Parliament in all their Remonstrances to the King Kingdome and forraigne States that they have taken up defensive Armes against the Kings Party onely for the maintenance of Religion Lawes Liberties c. and to bring Delinquents to condigne punishment Now Bishops Lands and Rents I am certaine are neither our Religion Lawers nor Liberties and I thinke they are no Delinquents though most Bishops are And shall we now after seven yeares Warres and sixty dayes Treaty make Bishops Lands which for five yeares time or more of our Warres were never thought of the sole or principall cause at least of our present breach with the King and the onely ground of a new Warre God forbid will not the world then justly censure us for notoriouÌ„s hypocrites and impostors pretendâ—ng one thing and intending another will they not then say that Bishops Palaces and Lands were the onely Religion and Liberty we have fought for the onely Delinquents we have brought to publick Justice and execution that we would never have suppressed Archbishops and Bishops nor entred into a solemne League and Covenant with bands listed up to heaven to endeavour to extirpate them as Antichristian but onely to gaine and retaine all their Lands and Revenues and never condemned their Functions but onely to seize on their Possessions And that we must now maintaine an Army upon their exhausted Purses and Estates only to defend these Parchasers Titles to the Bishops Inheritances If so for shame let us never break off this Treaty nor ruine two or three Kingdomes upon such an absurd dissatisfaction as this And if our Parchasers of Bishops Lands shall still refuse to rest satisfied with that twofold
recompence I have formerly mentioned and keep up an Army to maintaine their Purchases rather then yeeld to any reason I shall humbly move that not the whole Kingdome but themselves may defray the Armies Taxes and Quarters and then I am certaine they will have a dearer bargaine then what the King or I have proposed for their satisfaction And the better to perswade them to embrace this compensation I have onely this more to offer both to them and you That if you break off with the King upon this point or close with the Army they are most certaine to lose all for a bare Ordinance of both Houses in no legall Title nor good security aganst King or Bishops without the Kings concurrence and Royall assent unto it and valid no longer then maintained by the Sword the worst and most hazardous Title of all others which will quickly cost the Purchasers and Kingdome treble the value of all the Bishops Revenues and if they close with the Army to break the Treaty they tell them in direct termes in print in The Case of the Army truly stated presented to the Generall by the Agitators of the Army at Hampstead October 15. 1647. pag. 16. That whereas the times were wholly corrupt when persons were appointed to make sale of Bishops Lands and whereas Parliament-men Committee-men and Kinâ—folks were the onely buyers and much is sold and yet it 's presended that little or no money is received And whereas Lords Parliament-men and some other rich men have vast summes of Arrears allowed them in their Purchase and all their moneys lent to the State paid them while others are left in necessity to whom the State is much indebted and so present Money that might be for the equall advantage of all is not brought into the publike Treasury by those sales It s therefore to bea insisted on that the sale of Bishops Lands bee reviewed and that they may be sold to their worth and for present Moneys for the publike use and that the sale of all such be recalled as have not been sold to their worth or for present money This particular among others they professe they have entred into a solemne engagement to prosecute and are now marched up to London accordingly to pursue it as their late Remonstrance and Declaration intimates and themselves professe by word of mouth which I desire the Members who have purchased Bishops Lands who are generally most unsatisfied with the Kings answers especially in this particular seriously to consider and then to make their Election Whether they will now close with the Kings Concessions and what I have here propounded for satisfaction of their Reversions after 99. years and present Rents they may chance to part with and so secure their purchases for this terme by Act of Parliament and have full compensation for what they part with either in ready money or Deans and Chapters Lands and Rents and so be no losers but great gainers by the bargaine or else break with the King to please the Army and so be certaine to lose all between them not onely once but twice over for the Agitators in the Army tell them plainely That all their Purchases shall be reviewed and if they have purchased them to an under rate or not for ready Money which not one of them hath done but by Tickets of their owne or bought at very low values of others which 't is like they will also examine that then their sales shall be absolutely recalled and sold to others at full values for ready money and so all is lost in good earnest or else they must re-purchase them for ready moneys at higher values without any assurance from the King by Act of Parliament and so lose them againe the second time if ever He or his Prelaticall party should prevaile and yet be enforced to answer and restore all the meane Profits they have taken to boot A very hard chapter and bargain to digest if they advisedly consider it which by accepting the Kings offer is most certainly prevented Who perchance in shore time upon second thoughts and conference with learned men for the satisfaction of his conscience in the point of sacriledge if he should consent to the totall alienation of these Lands from the Church may come up fully to our desires and part with the very inheritance to the purchasers as amply aâ— they have purchased it rather then leave his owne and the Kingdomes interest wholly unsettled And for my part I make little question that had the Prelates and Clergy-men with the King at the Isle of Wight dealt candidly and cleerly with him in this particular of the sale of Bishops Lands that might have easily satisfied his conscience in this very thing as well as in others from these grounds and matters of fact which I shall but point at to satisfie others who perchance are scrupulous herein even in point of conscience as well as the King First the King in his last Paper 〈◊〉 in expresse terms protesseth That he hath abalished all but the Apostolicall Bishops invested with a Negative Vayâ—e or Power in point of Ordination And if so then I am certain he hath likewise abolished all Bishops Palaces Lordships Revenues Rents and Possessions it being most certaine that neither the Apoâ—ls themselves not any Apostolicall Bishops of their Ordination in their dayes or for above 300. yeers after had any Lands or Possessions annexed to their Apostleships or Bishopricks but lived meerely upon the aâ—ms and voluntary contributions of the people as Christ himselfe Paul and the other Apostles did as all Historiant accord If then his Majesty will retain none but Apostolicall Bishops he must necessarily take away their temporall Lands and possessions annexed to then Bishopricks to make them such if he hath not already done is by his finall Answer to this proposition as I conceive he hath Secondly it is generally agreed by Historians that Constantine the great our owne Country-man borne and first Crowned Emperour at York to the eternall honour of our Island he being the first Christian Emperour and greatest advancer of the Christian Religion and destroyer of Paganism was the first who endowed the Church and Bishops with any temporall Possessions about 350. yeers after Christ though his pretended donation to the Pope be but a meere fable as Doctor Crakenthorp and others have manifested at large Now Ioannes Parisiensis Nauclerus Polychronicon our English Apostle Iohn Wickliffe our noble Martyr the Lord Cobham Iohn Frith a Martyr learned Bishop Iewell and others out of them record That when Constantine endowed the Church and Bishops with temporall Lands and possessions the voice of an Angel was heard in the Ayre crying out Hodie venenum insunditur in Ecclesiam this day is poyson powred into the whele Church of God And from that time say they because of the great Riches the Church had she was made the more secular and had
inslave the City to our vassalage This is their present practise The Land-lordâ— Rich men in the Country are too potent for their Tenantâ— the poor Ergo we must by force of Armes out of extraordinary necessity now abate the Tenants Rents alter their Tenures and Customes share their Lands and wealth amongst our selves and the poore and if any poore man by forging an Act of Parliament or otherwise pretend a Title to any rich mans Lands turne the rich man out of possession and put the poore into it as some Levellers and Souldiers have lately done in Essex in the case between Sir Adam Littleton and one Pointz against all rules of righteousnesseâ— Law and conscience Such a Monster is this plea of necessity for publick good already grown unto through the Armies power and how soon it will proceed to draw the blood of many gallant Gentlemen Lords and Members now secluded for fear they should prove the stronger as well as the major number and therefore must lose their heads to prevent al future dangers revenge God only knows The second ground for the necessity of our seisure and seclusion is this that the pretended corrupt majority of the House would have closed with the King setled the Kingdomes peace before this time had they not been secured Ergâ— the Officers and Army were necessitated to secure them as Apostates from and infringers of their trusts I answer This is very ill Logick and worse Divinity For first is not the end of all just wars whatsoever nought else but peace 2. Is it not Gods command and every Saints and Christians duty to pray for peace to follow peace with al menâ— to seek peace and pursue it to study to be quiet and live in peace to live peaceably with all men as much as in us â—yeth And is not our God a God of Peace our Saviour Jesus Christ the Prince of peace the holy Ghost a Spirit of Peace the Gaspell it selfe a Gospell of peace and can or dareâ— any Saints then pretend a necessity to levy warre even against the Parliament and Members themselves which is high Treason onely upon this pretended necessity that they desire and indeavour to settle peace in our Kingdome Thirdly Is not peace the greatest Earthly blessing that God can bestow upon us and hath promised out of his love to give us as a most SIGNALL favour is it not the thing we have all payed for fasted for fought for paid for longed for and earnestly desirid for many yeares doe not all Counties Cities Villages Families yea every sort except those who make a trade of Warre to enrich themselves by the Kingdomes ruines but more especially distressed Ireland cry all out unto us with one unanimous cordiall and continuall clamar Peace Peace for the Lords sake No more Warres no more blood shed no more plundering no more free quarter no more taxes but Peace Peace or else we perish And if so the generality of the people and Kingdome being by the Armies principles the originall and fountaine of all just power there is an absolute necessity lyes upon us who are their trustees to make and setlle Peace but no necessity for the army to hinder or secure us from effecting it yes a necessity for them to assist us in it and release us to accomplish it which by Gods blessing we had done ere this Object All that they can object is That we would have made an unsafe and dishonourable peace with the King upon his owne termes to the peoples prejudice and enstaving Answ. To which I answer 1. It is the foulest falsest and most malicious scandall that ever man could invent which the ensuing Speech will abundantly refute to the shame of those who dare to aver it in print 2. Admit it true yet an unjust and unequall peace is better safer and more honourable for us now we are quite exhausted and can manage warre no longer and Ireland so neere its ruine then the justest Warre which ought not to be undertaken at first without absolute necessity and nes to continue one houre longer then that necessity endures especially if it be a Civill Warre between those of the same Nation blood Religion or a defensive Warre as our Warre is who have now no armed Enemies to encounter and so there can be no pretence of necessity to continue a Warre or so great a recruited Army unlesse it be to enslave us to martiall Law and Tyranny in stead of peace and Liberty 3. Neither God nor the Kingdome nor Majority of the people ever made the Army Iudges of the goodnesse or badnesse of the intended peace but the Parliament onely the onely proper Iudges likewise of the necessity of peace or Warre And therefore for them thus forcibly to wrest this Iudicatory out of the Houses bands without a lawfull calling to it and to imprison those who are Iudges of it is neither Christian nor warrantable but the highest insolency and Rebellion ever offered to any Parliament in any age And upon this account every Souldier who hath a cause depending in Parliament or in any Court of Iustice may by as good Iustice and reason pull all the Members out of the Houses and Iudges from the Benches that would not give Iudgement for him be his cause never so unjust and make himselfe or the Generall Councell of the Army his onely Iudges who may proceed to Iudgement on his side before any hearing or appearance before them by his adversary in such sort as they have proceeded against us But admit there were an extraordinary necessity for publick good as is pretended yet to make necessity a plea for to justifie any mâ—rall sinne or evill is monstrous in an Army of Saints Nulla est necessitas delinquendi quibus una est necessitas non delinquendi was the Primitive Christians Maxime who chose rather to die the cruellest deaths then commit the smallest sinne Had Hugh Peters John Goodwin and these Army-Counsellors lived in our Saviours dayes they could have taught St. Peter how to have denyed his Lord and Master thrice together with Oathes and curses as the Army have denyed and imprisoned their Lords and Masters and cast them into bell with Oathes and curses too and to have justified it in stead of going forth and weeping bitterly for it as he did because be did it onely out of necessity to save his life when he was in danger If these Army-Saints had lived in Iulian the Apostate's dayes they could have instructed his Souldiers how to have sacrificed to his Idols by throwing but a branch into the Fire out of necessity to sare many precious Souldiers lives rather then to be mariyred for refusing it And had Catesby Faux Winter and Piercy wanted an advocate or Ghostly father to encourage them to blow up the Parliament-House King Nobles and Commons at once and justifie it when they had done it the Generall
privie to all his Maj. secrets and transactions of publick concernment receive all letters of intelligence directed to him and most commonly return all Answers to them There is now but one thing more wanting to make this security compleat and firm the Kings Great Seals of England and Ireland the greatest Regall Assurance confirmation he can give you and of these you have both the custody and disposal having the nomination appointment both of the L. Chancellors L. Keepers and Commissioners of the Great Seal in England and Ireland To summe up all these Grants together Some Parliaments in former times have had the nomination of the Lord Chancellor some of the Lord Treasurer some of the great Iusticiar or some few Judges of England only But never any Parliament of England claimed or enjoyed the nomination and appointment of any the Great Officers Barons Iudges or Treasurers places in Ireland nor yet of the L. Warden of the Cinque-Ports Chancellors of the Exchequer and Dutcby Secretaries of State Master of the Rolls or Barâ—ns of the Exchequer of England yet all these the King for peace sake hath parted with to us and shall we be yet so froward and peevish as not to be satisfied with all those Offices We have a long time mocked and abused the world with a self-denying Ordinance disabling any Member to retain or receive any Civill or Military Office by grant from the Houses whiles he continces a Member though there is scarce one day or week at least doth passe but we are still bestowing some place or Office upon Members for which we are weekly censured and reviled in printed Pamphlets and become odious to the Kingdome But here is a self-denying Act and Ordinance in good earnest in the King in parting with so many Offices of which He and his Predecessors have had the sole disposall for some Ages without interruption to the Houses shal we not yet rest satisfied If not what will the whole Kingdome what will all forraign Kingdoms and Nations report of us but that we are so foolish so unreasonable that nothing can or will content us because we are resolved not to be content with any thing that the King shall grant us be it never so advantagious for our present or future safety and settlement But seeing we have the disposall of all these Officers in England and Ireland both Military and Civill of his Sword of War and Peace his Justice his Conscience his Purse his Treasury his Papers his publick Records his Cabinet his Great Seal more then ever we at first expected or desired I must really for my owne part professe my selfe abundantly satisfied with these Concessions and so must every one who hath so much judgement as to understand the latitude consequences of them for the whole Kingdomes and dying Irelands safety settlement especially at this season when they are so neer their ruin To this I shall adde another grant of great concernment for the Peace and safety of this Nation which the King hath fully consented to in this Treaty and I presume no Member of this House will rest unsatisfied therewith when he fully understands it Both Houses of Parliament upon the Lord Keeper Littlâ—tons deserting of the House and conveying away the Great Seal were pleased for the better distribution of Justice and transaction of the great Affairs of the Realm to appoint a new Great Seal to be made The Ordinance for its approbation and use sticking long in the Lords House who were somewhat doubtfull in point of Law I thereupon compiled and published a Treatise intituled The opening of the Great Seal of England which fully satisfied them and opened the doors to let it out for publick use though some who have had the custody of it as Mr. Speaker knowes have but ill requited Me for this my pains good service Many Grants Commissions Presentations Writs Processe Proceedings and other things have passed under this Great Seal and some Patens for Offices and Bishops Lands to Members of this House who differ in opinion from me and yet would be glad to have their Patents confirmed by an Act of Parliament The King in this Treaty hath not only consented to ratifie all the Grants c. that have passed under this new Seal by Act of Parliament and to enact them to be as effectuall to all intents purposes as if they had passed under any other Great Seal of England heretofore used but to continue it to be used hereafter for the Great Seal of England and hath likewise so farre disclaimed his old Great Seal from the day it was carried from the Parliament that he is content to make and declare all Grants Commissions Presentations Writs Processe Proceedings and other things whatsoever passed under or by any Authority of any other Great Seal since the 22 of May 1642. To be invalid and of no effect to all intents and purposes except one grant to Mr. Justice Racon to bee Judge of the Kings Bench and some other Writs Processe and Commissions mentioned in that proposition And he hath further yeelded That all Grants of Offices Lands Tenements or hereditaments made or passed under the great Seale of Ireland unto any person persons or body politick since the Cessation in Ireland the 15 Septemb. 1642. shall be null and void with all Honours and Titles conferred on any person or persons in that Realme since that Cessation By this Concession the Houses of Parliament and their adherents have gained these extra ordinary advantages most of them not to be paralleld in any Age of King from Adom till this present First an acknowledgement of both Houses Authority to make and use a new great Seal of England without the King in cases of extraordinary necessity Secondly a power in the Houses to null and voide the Kings usuall Great Seal upon the making of their New and conveying the old Seal from the Houses without their consent Thirdly a ratification of all Judiciall and Ministeriall Acts Writs Processe presentations Grants Decrees Commissions and other things which have passed under the New Seal since its making till this present which tends much to the qulet and settlement of many mens Estates to the confirmation and justification of all legall proceedings in all Courts of Justice and at all Assises and Sesstons of Peace held by vertue of Commissions under this Seal and of Justices appointed by it whose authority and proceedings might else hereafter prove disputable and bee drawn into Question and to the fight constitution of the Parliament it selfe many Members of this House being elected and some Members and Assistants of the Lords House being called thither by VVrits under this New Seal Fourthly an absolute disavowing and repeall of all Commissions whatsoever or other things passed under the old Great Seal against the Parliament or its proceedings and an exposing of all those of the Kings Party who have acted any thing by any Commission or Authority under the
Seal against the Parliament to publick Justice who cannot plead it in Barre or excuse in any Court after it shall be nulled and repealed by an Act. Fifthly a great disparagement dishonour and disadvantage to the English Cavaliers Irish Rebels and their cause and proceedings with a future disingaging of them and al their Party from the King and his interest who hath so far dishonoured deserted and disclaimed them as thus to null and repeal all Honours Titles Grants of Offices Lands or Tenements bestowed on any of them for any services done or Assistance given by them to the King in his Warres against the Parliament A very high point of humiliation and self-deniall in the King and such a blow to his Popish and Malignant party that I dare presume they will never engage in his behalfe nor trust him for the future which will much conduce to the settlement of a firm and lasting peace and prevent new VVars if accepted of 6ly Indempnity and security for all the Commissioners of the new Great Seale against all scruples which may arise upon the Statute of 25. E. 3. for using and sealing with it if ever the times alter which every prudent man will readily embrace where it is freely offered and not peevishly reject in such an age of danger and incertainty as this in which no man is secure of his life liberty or estate on either side The next Concession of the King in this Treaty is this That by Act of Parliament all Peeres made since Edward Lord Littleton deserted the Parliament and conveyâ—d away the Great Seale on the one and twentieth day of May 1642. shall be Vn-Peer'd and set by And all other titles of honour and precedency as Lordship Knighthood and the like conferred on any without consent of both Houses of Parliament since the twentieth of May 1642. shall be revoked and declared null and void to all intents and never hereafter put in use And that no Peere who shall be hereafter made by the King his heirs or successors shall sit or vote in the Parliament of England without consent of both Houses of Parliament This Concession of the Kings is of great concernment to the Kingdome and I conceive without president or example in any age or King in the Christian world First it secures us from our formerly feared danger of a designe in the King by new created Peers to make an over-ruling party at any time in the Lords House wherein the Iudicatory of the Parliament principally consists which danger and inconvenience by secluding the Bishops out of that House by an Act already passed and by this disabling all new Peers hereafter to be made to sit in that House without consent of both Houses is for ever totally prevented Secondly It gives such an extraordinary new power to the House of Commons as they never formerly enjoyed or pretended to to wit that no Peer created by the King himselfe or by the King or Lords in Parliament who usually created Peers in Parliament without the Commons privity or consent in former times shall be henceforth inaabled to sit or vote as Peers of Parliament but by consent of the House of Commons as well as of the King and Lords By which provision the Commons are made not only in some sense the Judges of Peers themselves which they could not try or judge beforeby the expresse letter of Magna Charta chap. 29. and the Common Law but seven their very Creators too Thirdly It is an extraordinary prejudice and blemish on the Kings cause and an extream dishonour dissatisfaction disengagement upon his own party then which a greater cannot be imagined For what higher affront or disgrace could the King put upon those Nobles Gent. others who have spent their estates lost their blood limbs and adventured their very lives in this cause against the Parliament and received no other reward for it but an empty title of honour perchance a Kightship Lordship or the bare title of a Marquesse Earl or Viscount which they have enjoyed but a year or two with little benefit and lesse content to be thus by Act of Parliament with the Kings owne Royall assent who conferred those titles on them for their gallant services in his behalfe thus suddenly degraded and divested of them all as if they had never been A perpetuall brand to them their posterity who must be inforced to give place to such of whom they have had precedency place by vertue of these dignities Which high affront and scorne I am verely perswaded will pierce and break many of their own at least their Ladies hearts and for ever disoblige them in the highest degree 4thly It will make all the ancient and new Nobility and Peers of England lesse dependent on the King lesse complying to serve his ends upon all occasions being never able to gratisie or reward them though never so ambitious with any new Honours or Peerships without consent of both Houses of Parliament whom they dare not displease or disoblige for fear of crossing them in their desired dignities and titles as well as in their great Offices which are both now in their disposall not in the Kings alone In brief the King in his Concession hath manifested the greatest humiliation and self-deniall that any King since there was a Kingdome in the world hath done It is and hath been the ancient and undoubted prerogative of all Kings in the world but especially of the Kings of England to conferre honours dignities of all sorts especially Knighthood on whom they shall think meet and more principally on those who have merited it by their gallantry in the field as Mr. Selden proves at large in his Titles of honour and others who have written of that Subject Now for the King out of a desire only of a happy peace and settlement not onely to part with much of the Royall Prerogative which all other Kings in the world enjoy for the future but to repeal the Honours and Titles conferred by him on his adherents for reward of their services in times past during all these wars is such a miracle and high degree of selfe-deniall as no age hath produced the like and that which most of this house had the King prevailed would have rather lost their lives had they conferred any such Titles on their Generalls and Commanders then have condescended to should the King require it And therefore I cannot agree with those over-censorious Gentlemen who so oft inculcate this that they can see no humiliation at al or change of heart in the King when I find so great a change and deep a humiliation in Him in this and all other forementioned free Concessions without any or little hesitation and I heartily wish their owne hearts were as much humbled as his and then I doubt on but they would thankfully embrace rest fully satisfied with his concessions for their owne and the Kingdomes benefit The next proposition tending