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A31771 Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome. Charles I, King of England, 1600-1649.; Fulman, William, 1632-1688.; Perrinchief, Richard, 1623?-1673.; Gauden, John, 1605-1662.; England and Wales. Sovereign (1625-1649 : Charles I) 1687 (1687) Wing C2076; ESTC R6734 1,129,244 750

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D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
Rumors spread and Informations given which may have induced many to believe that We intend to make War against Our Parliament We Profess before God and Declare to all the World That We always have and do abhor all such Designs and desire all Our Nobility and Commoners who are here upon the place to declare Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose whether they see any colour of Preparations or Counsels that might reasonably beget a belief of any such Design and whether they be not fully perswaded that We have no such intention but that all Our Endeavours according to Our many Professions tend to the firm and constant settlement of the true Protestant Religion the just Priviledges of Parliaments the Liberty of the Subject the Law Peace and Prosperity of this Kingdom MDCXLVII Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX and the Council of the Army to be tendred to the Commissioners of Parliament residing with the Army and with them to be treated on by the Commissioners of the Army Containing the particulars of their Desires in pursuance of their former Declarations and Papers in order to the clearing and securing of the Rights and Liberties of the Kingdom and the settling a just and lasting Peace To which are added some further particular Desires for the removing and redressing of divers present pressing Grievances being also comprized in or in necessary pursuance of their Former Representations and Papers appointed to be Treated upon I. THat the things hereafter proposed being provided for by this Parliament a certain period may by Act of Parliament be set for the ending of this Parliament such period to be within a year at most and in the same Act provision to be made for the succession and constitution of Parliaments in future as followeth 1. That Parliaments may Biennially be called and meet at a certain day with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments and what further other provision shall be found needful by the Parliament to reduce it to more certainty And upon the passing of this the said Act for Triennial Parliaments to be repealed 2. Each Biennial Parliament to sit 120. days certain unless adjourned or dissolved sooner by their own Consent afterwards to be adjournable or dissolvable by the King and no Parliament to sit past 240. days from their first meeting or some other limited number of days now to be agreed on upon the expiration whereof each Parliament to dissolve of course if not otherwise dissolved sooner 3. The King upon Advice of the Council of State in the Intervals betwixt Biennial Parliaments to call a Parliament extraordinary provided it meet above seventy days before the next Biennial day and be dissolved at least sixty days before the same so as the course of Biennial Elections may never be interrupted 4. That this Parliament and each succeeding Biennial Parliament at or before adjournment or dissolution thereof may appoint Committees to continue during the Interval for such purposes as are in any of these Proposals referr'd to such Committees 5. That the Elections of the Commons for succeeding Parliaments may be distributed to all Counties or other parts or divisions of the Kingdom according to some Rule of equality or proportion so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom according to some other Rule of equality or proportion to render the House of Commons as near as may be an equal Representative of the whole and in order thereunto that a present consideration be had to take off the Elections of Burgesses for poor decayed or inconsiderable Towns and to give some present addition to the number of Parliament-Members for great Counties that have now less than their due proportion to bring all at present as near as may be to such a Rule of proportion as aforesaid 6. That effectual provision be made for future freedom of Elections and certainty of due Returns 7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution Freedom in the Election Order in the proceeding thereto and Certainty in the Returns which Orders and Rules in that case to be as Laws 8. That there be a Liberty for entring Dissents in the House of Commons with provision that no Member be censurable for ought said or voted in the House further than to exclusion from that Trust and that onely by the judgment of the House it self 9. That the Judicial Power or power of final Judgment in the Lords and Commons and their power of Exposition and Application of Law without further Appeal may be cleared and that no Officer of Justice Minister of State or other person adjudged by them may be capable of Protection or Pardon from the King without their Advice and Consent 10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment Trial or other Proceeding against them by the House of Peers without the concurring Judgment of the House of Commons as also from any other Judgment Sentence or Proceeding against them other than by their Equals or according to the Law of the Land 11. The same Act to provide that Grand-Jury-men may be chosen by and for several parts or divisions of each County respectively in some equal way and not remain as now at the discretion of an Under-Sheriff to be put on or off and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of persons to be made Justices of Peace from time to time as the County hath need for any to be added to the Commission and at the Summer-Assize to present the Names of Three Persons out of whom the King may prick one to be Sheriff for the next year II. For the future security to Parliaments and the Militia in general in order thereunto that it be provided by Act of Parliament 1. That the power of the Militia by Sea and Land during the space of Ten years next ensuing shall be ordered and disposed by the Lords and Commons assembled and to be assembled in the Parliament or Parliaments of England or by such persons as they shall nominate and appoint for that purpose from time to time during the said space 2. That the said power shall not be ordered disposed or exercised by the King's Majesty that now is or by any person or persons by any Authority derived from Him during the said space or at any time hereafter by His said Majesty without the Advice