which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression 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 the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
Patience was not overcome nor his nature changed by the Reproaches of his Accusers answers with so brave a Presence of Spirit such firm Reasons and so clear an Eloquence that he whom the mercenary Tongues of their Lawyers had rendred as a Monster of men could not be found guilty of Treason either in the particulars or the whole So that his Enemies were filled with madness that their Charge of Crimes appeared no other then a Libel of Slanders and the dis-interessed Hearers were besides the pleasure they received to find so great Endowments polluted with no hainous Crimes sensible of the unhappiness of those who are Ministers of State among a Factious people where their prosperous Counsels are not rewarded and unsuccessfull though prudent are severely accused when they erre every one condemns them and their wise Advices few praise for those that are benefitted envy and such as are disappointed hate those that gave them And such seemed the Fate of this Excellent Counsellour whom nothing else but his great Parts his Master's Love and Trust had exposed to this Danger The Faction being obstructed this way by the Earl's Innocency and Abilities from taking away his Life move the House to proceed by a Bill of Attainder to the making a Law after the Fact whereby they Vote him guilty of High Treason yet adde a Caution that it should not be drawn into a Precedent seeking to secure themselves from a return of that Injustice upon themselves which they acted on him intending to prosecute what they falsly charged him with the Alteration of Government Which yet passed not without a long debate and contention for many that had none but honest hopes disdained to administer to the Interest of the Faction in the blood of so much Innocent Gallantry and those that were prudent saw how such an Example opened the avenues to ruine of the best Persons when once exposed to publick hatred Therefore they earnestly disswaded such a proceed And fifty nine of the most eminent openly dissented when it came to the Vote whose Names were afterwards posted and marked for the fury of the Rabble that for the future they might not oppose the designs of the Factious unless they desired to be torn in pieces In two dayes the Lower House past the Bill so swift were the Demagogues to shed blood but the Lords House was a little more deliberative the King having amongst them declared His sense of the Earl's Innocency of whose slow Resolves the Faction being impatient there came a seditious rabble of about 5 or 6000 of the dreggs of the people armed with Staves and Cudgels and other Instruments of Outrage instigated by the more unquiet Members both of the House of Commons and the City to the Parliament doors clamouring Justice Justice and the next day to raise their Fury there was a report spred among them of some endeavours to prepare an Escape for the Lieutenant of Ireland therefore with more fierceness they raised their clamours some objecting Treason to him others their Decay of Trade and each one either as he was instructed for some of the House of Commons would be among them to direct their Fury and to give some order to their Tumult that it might appear more terrible or the sense of his own necessities and lusts led him urged his different motives for Justice and at last heated by their own motion and noise they guard the doors of the House of Peers offer insolencies to the Lords especially the Bishops as they went in and threaten them if their Votes disagree from their clamours And when they had thus made an assault on the Liberty of the Parliament which yet was pretended to be so Sacred they afterward set upon the neighbouring Abbey-Church where forcing open the doors they brake down the Organs spoiled all the Vestments and Ornaments of the Worship from thence they fly to Court and disturb the Peace of it with their undecent and barbarous clamours and at last were raised to that impudency as to upbraid the King who from a Scaffold perswaded them as they passed by to a modest care of their own private affairs with an unfitness to reign When some Justices of the Peace according to the Law endeavoured to suppress those Tumults by imprisoning the most forward and bold Leaders they themselves were imprisoned by the Command of the Commons upon pretext of an injury offered to the Liberties of the Subject of which one was as they then dictated That every one might safely petition the Parliament yet when the Kentish men came to petition for something contrary to the Gust of the Faction they caused the City Gates to be shut upon them and when other Counties were meditating Addresses for Peace by threatnings they deterred them from such honest undertakings And when some prudent Persons minded the Demagogues how dishonourable it was for the Parliament not to suppress such Mutinies they replied that their friends ought rather to be thanked and caressed By these and other Arts having wholly overthrown the freedom of that Council and many withdrawing themselves from such Outrages when scarce the third part of the Peers were present the Faction of that House likewise passed the Bill the Dissenters being out-voted only by seven Voices Yet all this could not prevail upon the King though the Tumults were still high without and within He was daily sollicited by the Lords of his Palace who now looked upon the Earl as the Herd doth on an hurt Deer and they hoped his Blood would be the Lustration of the Court to leave the Earl as a Sacrifice to the Vulgar rage Nor did the King any ways yield till the Judges who were now obsequious to the pleasures of the Parliament declared he might do it by Law and the Earl by his own Letters devoted himself as a Victime for the publick Peace and His Majesty's safety and then overcome with Importunities on all hands and being abused by bad dealing of the Judges as Himself complained to the Bishop of London who answered That if the King in Conscience found him not guilty He ought not to pass the Bill but for matter of Law what was Treason he referred Him to the Judges who according to their Oath ought to carry themselves indifferently betwixt Him and His Subjects but the other four Bishops that were then consulted Durham Lincoln Carlisle and the Archbishop of Armagh were not so free as the Bishop of London was and therefore the King observed a special blessing of God upon him He at last with much reluctancy signed a Commission to some Lords to pass that Bill of Attainder and another for Continuation of the Parliament during the pleasure of the Two Houses The passing of these two Bills as some thought wounded the King's Greatness more than any thing He ever did The first because it cut off a most exquisite Instrument of Empire and a most faithful Servant and none did more make use of this to pollute His
therefore We applied Our self only to the Law hoping that the Insolence and Licentiousness of the People might by Our help be curbed by that Rule The Tumults grew so notorious and so dangerous that they Threatned and Assaulted the Members of both Houses whereupon the House of Peers which it seems the Lords present at the passing of one of their late Declarations wherein they deny there have been any Tumults had forgot at a Conference with the House of Commons twice very earnestly desired that they would for the dignity of Parliaments joyn with them in a Declaration for the suppressing such Tumults But the prevalency of that Faction was so great that though complaint was made by Members in the House of Commons that they had been assaulted and evil-intreated by those people even at the door of their House in stead of joyning with the Lords for the suppressing or punishing them several Speeches were made in justification of them and commending their Affections saying They must not discourage their friends this being a time they must make use of all their friends and Master Pym saying God forbid that the House of Commons should proceed in any way to dishearten people to obtain their just desires in such away which he had good reason to say himself and those other persons whom We afterwards accused of High Treason having by great sollicitation and encouragement caused those multitudes to come down in that manner The Lords having in vain tried this way appoint upon the advice of the Judges that a Writ be directed to the Sheriff and Justices upon divers Statutes which issued accordingly to suppress and hinder all tumultuous resort in obedience to which the Justices and other Ministers appoint the Constables to attend about Westminster to hinder that unlawful Conflux of People This was no sooner done but the Constables and Justices of the Peace were sent for by the House of Commons the setting such a Watch Voted to be a breach of Priviledgâ— and before any Conference with the Lords by whose direction that legal Writ issued out the Watch discharged and one of the Justices for doing his Duty according to that Writ sent to the Tower About the same time there was a Tumultuous Assembly of Brownists Anabaptists and other Sectaries called together by the Sound of a Bell into a place in Southwark where the Arms and Magazine for that Burrough were kept The Constable knowing such Meetings to be unlawful and the Consequences of them especially in such places to be very dangerous came amongst them He was no sooner come but he was reproached with words beaten and dragged in a barbarous manner insomuch as he hardly escaped from them with his life Complaint was made by him to the next Justices and Oath made of the truth of that complaint whereupon a Writ was sent to the Sheriff to impannel a Jury according to the Law for the examination and finding of this Riot This was complained of too and the meeting in how tumultuous and disorderly a manner soever pretended to be only for the drawing of a Petition against Bishops and that the Constable was a friend to Bishops and came to cross them and to hinder Men from subscribing that Petition Hereupon an Order was made in the House of Commons and the under-Sheriff of Surrey by it enjoyned that he should not suffer any proceedings to be made upon any inquisition that might concern any persons who met together to subscribe a Petition to be preferred to that House What Authority the House of Commons had or have to send any such Injunctions We cannot conceive yet by this any disorderly persons let their Intentions and demeanour be never so Seditious are above the reach of the Law and Justice if they please to say they meet to prepare any Petition to the House of Commons And 't is no wonder if after all this care taken to remove all those Obstacles the Law had put in the way to such Tumults all people took upon them to visit Our Parliament in such manner as they thought fit and thereupon great multitudes of mutinous people every day resorted to Westminster threatned to pull down the Lodgings where divers of the Bishops lay assaulted some in their Coaches chased others with Boats by water laid violent hands on the Archbishop of York in his passing to the House and had he not been rescued by force it is probable they had murthered him crying through the Streets Westminster-Hall and between the two Houses No Bishops No Bishops No Popish Lords and misused the several Members of either House who they were informed favoured not their desperate and Seditious ends proclaiming the names of several of the Peers as Evil and Rotten-Hearted Lords attempting the defacing the Abby at Westminster with great Violence and in their return from thence made a Stand before Our Gate at White-Hall said They would have no more Porters-Lodge but would speak with the King when they pleased and used such desperate Rebellious discourse that We had great reason to believe Our own Person Our Royal Consort and Our Children to be in evident Danger of Violence and therefore were compelled at Our great charge to entertain a Guard for securing Us from that Danger And yet all this Danger is so slighted that We are told in the last Declaration after We have so often urged it That it is a Suggestion as false as the Father of Lies can invent These Licentious and unpunished Tumults gave occasion to the Bishops who could not repair to the House without Danger of their Lives to make that their Protestation for the which they were forthwith accused of High Treason by the House of Commons and committed to the Tower by the House of Peers where they continued for the space of four Months at the least That small Guard We had taken for Our necessary Safety and the resort of some Officers who attended both Our Houses of Parliament for Mony due to them by Act of Parliament and upon the publick Faith to Our Court for Our Defence against those Tumults was objected against Us and divers counterfeit Letters were written and sensless Fears infused into the Citizens of London that We had a design of actual Violence upon that City and thereupon they were drawn into Arms and put upon their Guard against Us. So that there was not only no provision made for the suppressing of Tumults but that provision the Law had made against them discountenanced and taken away and We Our Self censured for taking so much strength about Us as might for some time oppose such Force as was like to be offered to Our own Gates What should We do We very well knew the Contrivers of all these Mischiefs who had by their exceeding Industry and Malice wrought this Distraction throughout the Kingdom such a defection of Allegiance in the Common people such a damp of Trade in the City and so horrid a Confusion in the Church and all this to
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
Martyrdom Jan. 30. 1648 9. p. 206 APPENDIX Concerning Church-Government Of the Differences between His Majesty and the two Houses in point of Church-Government See Icon Basil XVII p. 687 The Papers which passed betwixt His Majesty and Henderson concerning the Change of Church-Government 1646. p. 75 The Papers which passed betwixt His Majesty and the Divines attending the Commissioners of both Houses at Newport 1648. Append. p. 612 seqq THE END The Duke of Lenox the Earl of Arran in Scotland Some Writers who since have been convinced of their misinformation have named amongst those seven Lords the Lord Bruce Earl of Elgin but his Lordship upon the first notice of this report did to several Persons of Quality and Honour he conversed with and since hath affirmed to me that he was not then present and that his heart could never consent to the shedding of the blood of that excellent Prelate * A full Answer †The Regal Apology His Majestie 's Religion His Justice His Clemency His Fortitude His Patience His Humility His Choice of Ministers of State His Affection to His People His Obliging Converse His Fidelity His Chastity His Temperance His Frugality His Intellectual Abilities His Skill in all Arts. His Eloquence His Political Prudence The Censure of His Fortune A Presage of His Fall and the future State of the Royal Family His Recreations The Features of His Body His Children Acts 14. 23. Acts 6. 6. 1 Cor. 16. 1. 1 Cor. 14. 1 Cor. 5. 5. 3 Joh. 9 10. 1 Tim. 5. 22. Tit. 1. 5. Revel 2. 3. 1 Tim. 5. 19. Tit. 3. 10. * 5 15 26 29. of Decemb. 84 15. of Jan. 1645. * Jan. 23. 2 Feb. Passed by the Fag-end of the House of Commons Jan. 4. having been cast out by the Lords Jan. 2. Hereabout I was stopt and not suffered to speak any more concerning Reasons * defiance * Answer * four for it seems some came in after Here a Lady interposed saying Not half the People but was silenced with threats Upon the Earl of Strafford Pointing to the Bishop Turning to some Gentlemen that wrote Pointing to the Bishop These words were spoken upon occasion of private Discourse between His Majesty and the Bishop concerning the several Stages of man's life and his course through them in allusion to Posts and Stages in a Race * Cook 7. Report Calvin's Case Mr. Stroud Mr. Pym. Sir John Biron Lord Say His Majesty's gracious Message to both Houses of Parliament sent from Nottingham Aug. 25. 1642. by the Earls of Southampton and Dorset Sr. John Culpeper Chancellor of the Exchequer and Sr. William Vdal The Answer of the Lords and Commons to His Majesty's Message the 25. of Aug. 1642. His Majesty's Reply to an Answer sent by the two Houses of Parliament to His Majesty's Message of the 25 of August concerning a Treaty of Accommodation The humble Answer and Petition of the Lords and Commons assembled in Parliament unto the Kings last Message The humble Answer of the Lords and Commons assembled in Parliament unto His Majesty's last Message Message of Feb. 20. * to the Votes of both Houses and to their desire of a safe Conâ—uct His Majesty's Message of Apr. 12. at the end of the Treaty Inserted before pag. 353. * were presently His Majesty's Message replying to this Paper is inserted before p. 250. In His Message of April 12. pag. 353. Pag. 353. April 5. * The fourth of Edward the Third Artic. 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose consent or of four of them no great business was to be transacted Rot. Parliam 13 E. 3. N. 15 16. The whole Navy disposed of by Parliament N. 13 14. Admirals appointed and Instructions given to them N. 32. Instructions for the defence of Jersey and a Deputy-Governour appointed in Parliament N. 35. Souldiers of York Nottingham c. to go at the cost of the Countrey and what they are to do N. 36. A Clark appointed for payment of their wages by the oversight of the Lord Percy and Nevil N. 38. Sir Walter Creak appointed Keeper of Berwick N. 39. Sir Tho. de Wake appointed to set forth the Array of Soldiers for the County of York and N. 40 41 42 43. others for other Counties 14 E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwal shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancaster Warren and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea-coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick N. 48. Commission to the Lord Mowbray of the Justices of Lentham N. 53 54 c. Commissions of Array to the Earl of Angois and others 15 E. 3. N. 15. That the Chancellors chief Justices Treasurers Chancellors and Barons of the Exchequer c. may be chosen in open Parliament and there openly sworn to observe the Laws Answer thus That as they sall by death or otherwise it shall be so done in the choice of a new with your assents c. 50 E. 3. N. 10 11. Ordered in Parliament That the King should have at the least ten or twelve Counsellors without whom no weighty matters should pass c. N. 15. A Commission to the L. Percy and others to appoint able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18 19. The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoign Ireland and Artois Keepers of the Ports Castles c. 2. R. 2. Rot. Parl. par 2. artic 39. The Admiralty N. 37. In a Schedule is contained the order of the E. of Northumb. and others for the defence of the North Sea-coasts and confirmed in Parliament 6 R. 2. N. 11. The Proffer of the Bishop of Norwich to keep the Sca-coasts and accepted in Parliament 8 R. 2. 11 16. The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause 11 R. 2. N. 23. No persons to be about the King or intermeddle with the Affairs of the Realm other than such as be appointed by Parliament 15 R. 2. N. 15. The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H. 4. N. 106. That the King will appoint able Captains in England and Wales Stat. 4. H. 4. cap. 31 32 33. printed The Welch-men shall bear Office 5 H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other Men from about him N. 37. At the request of the Commons nameth divers Privy-Councellors 7 and 8 H. 4 26. Power given to the Merchants to name two persons to be Admirals 7 and 8 H. 4. N. 31. Councellors appointed by
of the Archbishop Abbot who was then with the Prince and the Duke and other of the Nobility waiting in the Privy Chamber for the King 's coming out on his Brother's head adding That if He continued a good Boy and followed His Book he would make him one Day Archbishop of Canterbury Which the Child took in such disdain that He threw the Cap on the Ground and trampled it under His Feet with so much eagerness that he could hardly be restrained Which Passion was afterward taken by some over-curious as a presage of the ruine of Episcopacy by His Power But the event shewed it was not ominous to the Order but to the Person of the Archbishop whom in his Reign he suspended from the Administration of his Office An. 1611 In his eleventh Year he was made Knight of the Garter An. 1612 and in the twelfth Prince Henry dying Novemb. 6. He succeeded him in the Dukedome of Cornwal and the Regalities thereof and attended his Funeral as Chief Mourner on Decemb. 7. On the 14th of Feb. following He performed the Office of Brideman to the Princess Elizabeth his Sister who on that Day was Married to Frederick V. Prince Elector Palatine the Gayeties of which Day were afterwards attended with many fatal Cares and Expences His Childhood was blemished with a supposed Obstinacy for the weakness of his Body inclining him to retirements and the imperfection of His Speech rendring Discourse tedious and unpleasant He was suspected to be somewhat perverse But more age and strength fitting Him for Manlike Exercises and the Publick Hopes inviting Him from his Privacies He delivered the World of such Fears for applying Himself to Action he grew so perfect in Vaulting riding the great Horse running at the Ring shooting in Cross-bows Muskets and sometimes in great Pieces of Ordnance that if Principality had been to be the Reward of Excellency in those Arts He would have had a Title to the Crown this way also being thought the best Marks-man and most graceful Manager of the great Horse in the three Kingdoms His tenacious humour He left with his Retirements none being more desirous of good Counsel nor any more Obsequious when he found it yea too distrustful of his own Judgment which the issue of things proved always best when it was followed When he was sixteen Years old An. 1616 on Nov. 3. He was created Prince of Wales Earl of Chester and Flint the Revenues thereof being assigned to maintain his Court which was then formed for Him And being thus advanced in Years and State it was expected that He should no longer retain the Modesty which the Shades of his Privacy had accustomed Him unto but now appear as the immediate Instrument of Empire and that by Him the Favours and Honours of the Court should be derived to others But though Providence had changed all about yet it had changed nothing within Him and He thought it Glory enough to be great without the diminution of others for He still permitted the Ministry of State to His Father's Favourites which gave occasion of Discourse to the Speculativi Some thought He did it to avoid the Jealousies of the Old King which were conceived to have been somewhat raised by the popularity of Prince Henry whose breast was full of forward Hopes For Young Princes are deemed of an impatient Ambition and Old ones to be too nice and tender of their Power in which though they are contented with a Successor as they must have yet are afraid of a Partner And it was supposed that therefore King James had raised Car and Buckingham like Comets to dim the lustre of these rising Stars But these were mistaken in the nature of that King who was enclined to contract a private friendship and was prodigal to the Objects of it before ever he had Sons to divert his Love or raise his Fears Some that at a distance looked upon the Prince's actions ascribed them to a Narrowness of Mind and an Incapacity of Greatness while others better acquainted with the frame of his Spirit knew His prudent Modesty enclined Him to learn the Methods of Commanding by the practice of Obedience and that being of a peaceful Soul He affected not to embroil the Court and from thence the Kingdom in Factions the effects of impotent minds which He knew were dangerous to a State and destructive to that Prince who gives Birth unto them that therefore He chose to wait for a certain though delayed Grandeur rather then by the Compendious way of Contrasts get a precocious Power and leave too pregnant an Example of Ruine Others conceived it the Prudence of the Father with which the Son complyed who knew the true use of Favourites was to make them the objects of the People's impatience the sinks to receive the Curses and Anger of the Vulgar the Hatred of the Querulous and the Envy of unsatisfied Ambition which he would rather have fall upon Servants that His Son might ascend the Throne free and unburthened with the discontents of any This was the rather believed because He could dispence Honours where and when He pleased as He did to some of His own Houshold as Sir Robert Cary was made Lord Cary of Lepington Sir Thomas Howard Viscount Andover and Sir John Vaughan Lord of Molingar in Ireland The Evenness of His Spirit was discovered in the loss of His Mother An. 1618 whose Death presaged as some thought by that notorious Comet which appeared Nov. 18. before happened on March 2. Anno 1618. which He bewailed with a just measure of Grief without any affected Sorrows though she was most affectionate to Him above all her other Children and at her Funeral he would be chief Mourner The Death of the Queen was not long after followed with a sharp Sickness of the King wherein his Life seeming in danger the consequences of his Death began to be lamented Dr Andrews then Bishop of Ely bewailed the sad Condition of the Church if God should at that time determine the days of the King The Prince being then only conversant with Scotch men which made up the greatest part of his Family and were ill-affected to the Government and Worship of the Church of England Of this the King became so sensible that he made a Vow If God should please to restore his Health he would so instruct the Prince in the Controversies of Religion as should secure His affections to the present Establishment Which he did with so much success as he assured the Chaplains who were to wait on the Prince in Spain that He was able to moderate in any emergent Disputations which yet he charged them to decline if possible At which they smiling he earnestly added That CHARLES should manage a Point in Controversy with the best-studied Divine of them all In His 19th Year An. 1619 on March 24. which was the Anniversary of King James's coming to the Crown of England He performed a Justing at White-hall together with several of
all their Ecclesiastical Promotions But the Laity that in the House had not time to declame against His Majestie 's Proceedings did it without doors for being dispersed to their homes they filled all places with suspicious rumours and high discontents and in Southwark there was an open Mutiny began which was not pacified without much danger and the Execution of the principal Leaders The King thus betrayed defamed and deserted by those who should have considered that in His Honour their Safety was embarqued though He had no less cause to fear secret Conspiracies at Home which were more dangerous because obscure than the Scots publick Hostility yet vigorously prosecuted his undertaking and raised a sufficient Army but could not do it with equal speed to His Enemies who had soon re-united their dispersed Forces and incouraged by the Faction with whom they held Intelligence in England contented not themselves to stand upon the defence but invaded us and advanced so far before all the King's Army could be gathered together that they gave a defeat to a Party of it ere the Reer could be brought up by the Earl of Strafford who was appointed General or the King could come to incourage them with His Presence He was no sooner arrived at his Army but there followed Him from some English Lords a Petition conformable to the Scotch Remonstrance which they called the Intentions of the Army So that His Majesty might justly fear some attempts in the South while He was thus defending Himself from the Northern injuries The King answered the Petitioners That before their Petition came He had resolved to summon all the Peers to consult what would be most for the Safety of the Nation and His own Honour Who accordingly met Sept. 24. Where it was determined that a Parliament should be called to meet Nov. 3. and in the mean time a Cessation should be made with the Scots with whom some Commissioners from the Parliament should treat Nov. 3. began that Fatal Parliament which was so transported by the Arts of some unquiet persons that they dishonoured the name and hopes of a Parliament ingulfed the Nation in a Sea of Blood ruined the King and betrayed all their own Priviledges and the People's Liberty into the power of a phanatick and perfidious Army And although His Majesty could not hope to find them moderate yet He endeavoured to make them so telling them at their meeting that He was resolved to put himself freely upon the Affections of His English Subjects that He would satisfie all their just Grievances and not leave to malice it self a shadow to doubt of His desire to make this a glorious and flourishing Kingdom He commended to their care the chasing out of the Rebels the Provisions of His own Army and the Relief of the oppressed Northern Counties But the Malignity of some few and the ignorance of more employed that Assembly in other matters first in purging their House of all such as they conceived would not comply with their destructive Enterprises and for such men they either found some fault with their Elections or made them Criminals in some publick Grievance though others of a deeper guilt they kept among them that their Offences might make them obnoxious to their power and obsequious to their commands Then with composed Harangues they declamed upon the publick Grievances and reckoned up causal Misfortunes amongst designed Abuses of Government every way raising up Contumelies against the present Power and that which was fullest of Detraction and Envy was applauded as most pregnant with Liberty Thus pretending several Injuries had been done to the People they raised the Multitude to hopes of an unimaginable Liberty and a discontent with the present Government After this they set free all the Martyrs of Sedition that for their malignant Libels had been imprisoned and three of them were conducted through London with such a company of people adorned with Rosemary and Bayes as it seemed a Triumph over Justice and those Tribunals that sentenced them Then they fell upon all the chief Ministers of State they impeached the Earl of Strafford Lord Lieutenant of Ireland after him the Archbishop of Canterbury the Lord Finch Keeper of the Great Seal the Judges that according to their Oath had determined Ship-money legal and others some of which fled those that were found were clapt in Prison so that the King was soon despoiled of those that were able or faithful to give Him Counsel and others terrified in their Ministry to Him While the Factious thus led the House their Partisans without by their Instructions formed Petitions against the Government in Church and State to which they seduced the ignorant Rabble in the City and several Counties to subscribe and in a tumultuous manner to present them to their Patriots Who being animated by the success of their Arts fell to draw up a Bill for Triennial Parliaments wherein the Power of calling that great Council of the Nation was upon the refusal of the King and the neglect of others devolved upon Constables which prophanation of Majesty though the King disswaded them from yet they persisted in and He passed it After five Months time for so long a space they took to rake up Matter and Witnesses to justifie their accusation An. 1641 and to give leisure to the Court for Overtures of gainfull Offices to the great Sticklers against him which not appearing the Earl of Strafford is brought to his Triall in Westminster-Hall before the Lords as His Judges the King Queen and Prince sitting behind a Curtain in an adjoyning Gallery and round about the Court stood the Commons His Accusers and Witnesses were English Scotch and Irish and indeed so brave a Person could not be ruined but by the pretended hatred of the whole Empire The English were such as envied his Vertues and greatness in the King's Favour The Scotch because they knew his Prudence able to counterwork their Frauds discover their impudent Cheats and his wise management to overthrow their Force The Irish hatred arose from his just and necessary Severity in his Government whereby he had reduced them from so great a Barbarousness that was impatient of Peace to a Civility that was fertile of Plenty and by Artifices Husbandry and Commerce had rendred that tumultuary Nation so rich that they were now able to repay to the English Treasury those great Debts which their former Troubles and Commotions had contracted Although those of this Nation were Papists and sworn Enemies both of the English name and State and were even then practising and meditating their Rebellion which they hoped more easie when so wise a Governour was removed and so prone enough of themselves to the Crime yet were they much caressed by the Faction that these in the name of the whole Kingdom should press the Earl with envy to the Grave His Charge consisted of twenty eight Articles that their number might cover their want of Evidence To all which the Lieutenant whose
you to venture nothing Whatsoever you shall be willing freely to contribute I will take kindly of you and whatsoever you shall lend Me I will in the word of a King see justly repayed to you I appoint the Sheriff to receive such Money or Plate as you Gentlemen shall be willing to assist Me with and to return their names to Me And you of the Clergy shall repair to Master Vice-Chancellor who shall do the like And I expect that you should advance this Service throughout the Countrey and return your Collections suddenly to Me by the hand of the Sheriff And I assure you I shall take especial notice of such who shall be backward in this time of so visible Necessity XLIX To the Lords and Commons assembled at OXFORD Jan. 22. MDCXLIII IV. MY Lords and Gentlemen When I consider your publick Interests and Concernments in the Happiness and Honor of this Nation and your particular sufferings in this Rebellion for your affection and Loyalty to Me I must look upon you as the most competent Considerers and Counsellers how to manage and improve the Condition we are all in for sure our Condition is so equal that the same Violence hath oppressed us all I have therefore called you together to be witnesses of my Actions and privy to my Intentions and certainly if I had the least thought disagreeing with the happiness and security of this Kingdom I would not advise with such Counsellors And I doubt not but your Concurrence with Me will so far prevail over the hearts and understandings of this whole Kingdom who must look upon you as persons naturally and originally trusted by and for them that it will be above the reach and Malice of those who have hitherto had too great an influence upon the People to discredit my most intire Actions and sincere Promises You will be the best witnesses for the one and security for the other Very many of you can bear me witness with what unwillingness I suffered my self first to take up these Defensive Arms indeed with so great that I was first almost in the power of those who in two set Battels have sufficiently informed the world how tender they have been of the safety of my Person I foresaw not only the rage and oppression which would every day break out upon my Subjects as the Malice of these ill men increased and their purposes were detected but also the great inconveniences my best Subjects would suffer even by my own Army raised and kept for their preservation and protection For I was not so ill a Souldier as not to foresee how impossible it was to keep a strict discipline I being to struggle with so many defects and necessities and I assure you the sense I have of their sufferings who deserve well of Me by my Forces hath been a greater grief to me than any thing to my own particular My hope was that either by Success on my part or Repentance on theirs God would have put a short end to this great storm But guilt and despair have made these men more wicked than I imagine they at first intended to be for instead of removing and reconciling these bloudy Distractions and restoring Peace to this languishing Countrey they have invited a Forein power to invade this Kingdom and that in your names and challenge this Invasion from them as a debt to the Commonwealth You My Lords have like your selves as good Patriots expressed your dissent and vindicated your selves from that imputation and I doubt not but you Gentlemen will let your Countreys know how far you are from desiring such assistance and how absolute and peremptory a breach this raising of Arms of my Scotish Subjects is of that Pacification which was so lately and solemnly made by you and can intend nothing but a conquest of you and your Laws I shall send you all the advertisements I have of that business which is threatned from Scotland and what is already acted from thence and shall desire your speedy advice and assistance what is to be said or done both with reference to this and that Kingdom Our ends being the same I am sure there will be no other difference in the way than what upon debate and right understanding will be easily adjusted Let our Religion in which we are all most nearly concerned and without care of which we must not look for God's blessing be vindicated and preserved let my Honor and Rights which you find to have an inseparable relation with your own Interests be vindicated and restored let your Liberties Properties Priviledges without which I would not be your King be secured and confirmed there is nothing you can advise Me to I will not meet you in And I doubt not but we shall together inform Posterity how much our trust and confidence in each other is a better expedient for the Peace and preservation of the Kingdom than Fears and Jealousies I shall keep you no longer from consulting together than in telling you that I have prepared fit places for your Meetings to which I desire you to repair this night assuring you that I shall be always ready to receive any thing from you admitting you to Me or coming to you My self whensoever you shall desire And so God direct you the best way L. To the Lord Primate of Ireland and the Congregation at Christ-Church in OXFORD MDCXLIII HIS Majesty being to receive the Sacrament from the hands of the Lord Archbishop of Armagh rising up from His knees and beckening to the Archbishop for a short forbearance said My Lord I espy here many resolved Protestants who may declare to the world the Resolution I do now make I have to the utmost of My power prepared My Soul to become a worthy Receiver and may I so receive comfort by the Blessed Sacrament as I do intend the establishment of the true Reformed Protestant Religion as it stood in its beauty in the happy days of Queen Elizabeth without any connivence at Popery I bless God that in the midst of these publick Distractions I have still liberty to communicate And may this Sacrament be My Damanation if My Heart do not joyn with My Lips in this Protestation LI. To the Lords and Commons at OXFORD February 7. MDCXLIII IV. MY Lords and Gentlemen I have hardly thus long forborn to give you thanks for the care and pains you have taken for the publick safety since your coming together And first I thank you for your inclination to Peace to which as My willingness of complying shewed the constancy of My endeavours in the best way for the publick good so the Rebels by their scornfully rejecting your Overtures as they have done heretofore Mine have shewed their constancy in their way Next I must thank every one of you for so chearfully applying your selves to the maintenance and recruiting of My Army which I hope God will so bless that thereby these enemies of Peace shall have their due reward And
doubted not had they had power to recede some of His Reasons would have prevailed with them as He is confident had it been with His two Houses it would have done with them and therefore beseeches them to take the same freedom with His two Houses to press them to a compliance with Him in those things His Conscience is not yet satisfied in which more time may do His Opinion not being like the Laws of the Medes and Persians unalterable or infallible He added His very hearty thanks for the pains they had taken to satisfie Him professing that He wanted Eloquence to commend their Abilities He desired them candidly to represent all the Transactions of this Treaty to His two Houses that they might see Nothing of His Interest how near or dear soever but that wherein His Conscience is unsatisfied can hinder on His part a happy conclusion of this Treaty LVI To the Lords Commissioners at their taking leave NEWPORT Nov. MDCXLVIII MY Lords You are come to take your leave of Me and I believe we shall scarce never see each other again but God's Will be done I thank God I have made my Peace with Him and shall without fear undergo what He shall be pleased to suffer man to do unto Me. My Lords you cannot but know that in My Fall and Ruine you see your own and that also near to you I pray God send you better Friends than I have found I am fully informed of the whole carriage of the Plot against Me and Mine and nothing so much afflicts Me as the sense and feeling I have of the Sufferings of my Subjects and the Miseries that hang over my three Kingdoms drawn upon them by those who upon pretences of Good violently pursue their own Interests and Ends. LVII His MAJESTIE's Speeches to the pretended High Court of Justice with the History of His Tryal Jan. MDCXLVIII IX Westminster-Hall Jan. 20. ON Saturday the twentieth of January afternoon Serjeant John Bradshaw President of the pretended Court with about fifty seven of his fellow-Commissioners came into Westminster-Hall having sixteen men with Partisans and their Officers with a Sword and Mace marching before them thus profaning the Name the Place and the Ensigns of Justice in the perpetration of the most enormous and unexampled Villany And at the West end of the Hall prepared for their purpose Bradshaw seated himself in a Crimson-Velvet Chair in the midst having a Desk with a Crimson-Velvet Cushion before him and at his feet a Table covered with a Turkey Carpet whereon the Sword and Mace were laid the rest were placed on each side upon Benches hung with Scarlet and the Partisans divided themselves on each hand before them Being thus sate and Silence made the great Gate of the Hall was set open and all persons promiscuously let in so that the Hall was presently filled and Silence again ordered Then Colonel Matthew Tomlinson was commanded to bring the Prisoner their King into the Court which he did within a quarter of an hour with about twenty Officers with Partisans marching before Him and others behind Their Serjeant at Arms with his Mace received Him and brought Him to the Bar where a Crimson-Velvet Chair was set His Majesty with an unconcerned Look upon his pretended Judges and the People in the Galleries on each side sate down without taking notice of their Court but presently rose up again and turned about looking down upon the Guards placed on the left side and the multitude of Spectators on the right side of the Hall After Silence made the pretended Act for His Trial was read by their Clerk sitting at the side of the Table where the Sword and Mace lay An Act of Parliament of the House of Commons for Trial of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all evil ways to bring his Design to pass he hath prosecuted it with Fire and Sword levied and maintained a Civil War in the Land against the Parliament and Kingdom whereby this Country hath been miserably wasted the publick Treasure exhausted Trade decaied thousands of People murthered and infinite other mischiefs committed for all which high Offences the said Charles Stuart might long since have been brought to exemplary and condign Punishment Whereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the Distempers of the Kingdom did forbear to proceed judicially against him but found by sad experience that such their Remissenss served only to encourage him and his Complices in the continuance of their evil practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no Chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it Enacted and Ordained by the Commons in this present Parliament assembled and it is hereby Enacted and Ordained that Thomas Lord Fairfax General Oliver Cromwell Lieutenant-General Commissary General Henry Ireton Major General Philip Skippon Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Colonel Richard Ingoldsby Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop Esq William Heveningham Esquire Isaac Pennington Alderman Thomas Atkins Alderman Colonel Rowland Wilson Sir Peter Wentworth Colonel Henry Marten Colonel William Purefoy Colonel Godfrey Bosvile John Trenchard Esquire Colonel Herbert Morley Colonel John Berkstead Colonel Matthew Tomlinson John Blakeston Esq Gilbert Millington Esquire Sir William Constable Colonel Edward Ludlow Colonel John Lambert Colonel John Hutchinson Sir Arthur Hasilrig Sir Michael Livesey Richard Salway Esquire Humphrey Salway Esquire Colonel Robert Tichborne Colonel Owen Roe Colonel Robert Manwaring Colonel Robert Lilborn Colonel Adrian Scroope Colonel Richard Dean Colonel John Okey Colonel Robert Overton Colonel John Harrison Colonel John Disborough Colonel William Goffe Colonel Robert Duckenfield Cornelius Holland Esquire John Carew Esquire Sir William Armyne John Jones Esquire Miles Corbet Esquire Francis Allen Esquire Thomas Lister Esquire Benjamin Weston Esquire Peregrine Pelham Esq John Gourdon Esquire Serjeant Francis Thorp John Nutt Esquire Thomas Chaloner Esq Colonel Algernon Sidney John Anlaby Esquire Colonel John Moore Rich. Darley Esq William Say Esquire John Aldred Esquire John Fagge Esquire James Nelthrop Esquire Sir William Roberts Colonel Francis Lassels Colonel Alexander Rigby Henry Smith
Me but this Delay I doubt not but I shall give some satisfaction to you all here and to My People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say KING I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire only one word before you give Sentence and that is That you would hear Me concerning those great Imputations that you have laid to My charge Bradshaw Sir you must give me now leave to go on for I am not far from your Sentence and your time is now past KING But I shall desire you will hear Me a few words to you for truly whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much Liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes We are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty What sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated Which Charge being read unto him as aforesaid he the said Charles Stuart was required to give his Answer but he refused so to do Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
and all their Jealousies and apprehensions which may lessen their Charity to each other and then if the Sins of this Nation have not prepared an inevitable Judgment for us all God will yet make Us a Great and a Glorious King over a Free and Happy People MDCXLI To the Kings most Excellent Majesty and the Lords and Peers now assembled in Parliament The humble PETITION and PROTESTATION of all the Bishop and Prelates now called by His Majesties Writs to attend the Parliament and present about London and Westminster for that service THat whereas the Petitioners are called up by several and respective Writs and under great Penalties to attend in Parliament and have a clear and indubitate Right to vote in Bills and other matters whatsoever debatable in Parliament by the Ancient Customes Laws and Statutes of this Realme and ought to be protected by Your Majesty quietly to attend and prosecute that great Service They humbly remonstrate and protest before God Your Majesty and the Noble Lords and Peers now assembled in Parliament That as they have an indubitate Right to sit and vote in the House of the Lords so are they if they may be protected from Force and Violence most ready and willing to perform their Duties accordingly and that they do abominate all Actions or Opinions tending to Popery and the maintenance thereof as also all propension and inclination to any Malignant party or any other side or party whatsoever to the which their own Reasons and Consciences shall not move them to adhere But whereas they have been at several times violently Menaced Affronted and Assaulted by multitudes of people in their coming to perform their services in that Honourable House and lately chased away and put in danger of their lives and can find no redress or protection upon sundry complaints made to both Houses in these particulars They likewise humbly protest before Your Majesty and the Noble House of Peers That saving unto themselves all their Rights and Interests of Sitting and Voting in that House at other times they dare not Sit or Vote in the House of Peers until Your Majesty shall further secure them from all Affronts Indignities and Dangers in the premisses Lastly Whereas their Fears are not built upon Phantasies and Conceits but upon such Grounds and Objects as may well terrifie men of good Resolutions and much Constancy they do in all humility protest before Your Majesty and the Peers of that most Honourable House of Parliament against all Laws Orders Votes Resolutions and Determinations as in themselves Null and of none effect which in their absence since the twenty seventh of this instant Month of December 1641. have already passed as likewise against all such as shall hereafter pass in that most Honourable House during the time of this their forced and violent absence from the said most Honourable House Not denying but if their absenting of themselves were wilful and voluntary that most Honourable House might proceed in all these premisses their Absence or this their Protestation notwithstanding And humbly beseeching Your most Excellent Majesty to command the Clerk of that House of Peers to enter this their Petition and Protestation among his Records They will ever pray to God to bless and preserve c. Jo. Eborac Thomas Duresme Rob. Co. Lich. Jos Norwich Jo. Asaphen Guil. Ba. Wells Geo. Hereford Rob. Oxon. Mat. Ely Godfr Glouc. Jo. Peterburg Mor. Llandaff MDCXLI Jan. 3. ARTICLES of HIGH TREASON and other High Misdemeanours against the Lord Kimbolton Mr. Denzil Hollis Sir Arthur Hesilrig Mr. John Pym Mr. John Hambden and Mr. William Stroude I. THAT they have traitorously endeavoured to subvert the Fundamental Laws and Government of the Kingdom of England to deprive the King of His Regal Power and to place in Subjects an Arbitrary and Tyrannical power over the Lives Liberties and Estates of His Majesties Liege People II. That they have traitorously endeavoured by many foul Aspersions upon His Majesty and His Government to alienate the Affections of His People and to make His Majesty odious unto them III. That they have endeavoured to draw His Majesties late Army to disobedience to His Majesties Commands and to side with them in their Traitorous Designs IV. That they have traitorously invited and encouraged a foreign Power to invade His Majesties Kingdom of England V. That they have traitorously indeavoured to subvert the Rights and very Being of Parliaments VI. That for the compleating of their Traitorous Designs they have indeavoured as far as in them lay by force and Terror to compel the Parliament to joyn with them in their Traitorous Designs and to that end have actually raised and countenanced Tumults against the King and Parliament VII That they have traitorously conspired to levy and actually have levied War against the King MDCXLII Jun. 2. PROPOSITIONS made by both Houses of Parliament to the KINGS Majesty for a Reconciliation of the Differences between His Majesty and the said Houses YOUR Majesties most humble and faithful Subjects the Lords and Commons in Parliament having nothing in their thoughts and desires more pretious and of higher esteem next to the Honour and immediate Service of God then the just and faithful Performance of their Duty to Your Majesty and this Kingdom and being very sensible of the great Distractions and Distempers and of the imminent Dangers and Calamities which those Distractions and Distempers are like to bring upon Your Majesty and Your Subjects all which have proceeded from the subtle Insinuations mischievous Practices and evil Counsels of men disaffected to God's true Religion Your Majesties Honour and Safety and the publick Peace and Prosperity of Your People after a serious observation of the Causes of those Mischiefs do in all humility and sincerity present to Your Majesty their most dutiful Petition and Advice That out of your Princely Wisdome for the establishing Your own Honour and Safety and gracious tenderness of the welfare and security of Your Subjects and Dominioins You will be pleased to grant and accept these their humble Desires and Propositions as the most necessary effectual means through God's blessing of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People and procuring both Your Majesty and them a constant course of Honour Peace and Happiness I. That the Lords and others of Your Majesties Privy Council and such great Officers and Ministers of State either at home or beyond the seas may be put from Your Privy Council and from those Offices and Imployments excepting such as shall be approved of by both Houses of Parliament And that the persons put into the places and imployments of those that are removed may be approved of by both Houses of Parliament And that all Privie-Counsellours shall take an Oath for the due execution of their places in such form as shall be agreed upon by both Houses of Parliament II. That the great Affairs of this Kingdom may not be concluded or transacted by
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
to Our Assistance and that this wicked Charge of intending to introduce Propery Idolatry and Arbitrary Government laid by Implication upon Us because We defend Our Selves and would recover Our own will be so far from being a Motive against Us that this intolerable Indignity and damnable Scandal so daily and visibly confuted by all Our Professions and Actions will encrease Our good Subjects zeal towards Us and their Indignation against the Contrivers and they will esteem themselves obliged by the Religion of Almighty God to oppose this War so impiously so treasonably and so groundlesly made upon Us their King and His Anointed We therefore require all Our Commissioners of Array Sheriffs and all Our other Officers and Ministers to raise all the Power and Forces of their several Counties to assist the Marquess of Hartford the Earl of Northampton the Lord Willoughby of Eresby the Lord Dunsmore the Lord Paulet the Lord Seymour Henry Hastings Esquire Sir John Stawell Sir Ralph Hopton John Digby Esquire and all other in the legal and necessary Execution of Our Commissions of Array and in the raising and conducting of such Horse and Foot as shall be raised by Our Commission and by force of Arms to oppose the Earl of Essex the Lord Say and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses and the Persons of all such Traitors and their Adherents and Accomplices to Arrest and Imprison to the end they may be brought to a fair and legal Tryal by their Peers and according to the law And this We require from them as they tender the Defence of Our Person the true Religion the Law of the Land the Liberty and Property of the Subject and the true and just Privileges of Parliament And for so doing they shall be defended and secured by Us and by the Law with whom and with which We doubt not but Our Subjects will sooner chuse to live and dye than with the Earl of Essex and his Adherents MDCXLII August 9. By the King A Proclamation for the suppressing of the present Rebellion under the Command of Robert Earl of Essex And the gracious offer of His Majesty's free Pardon to him and all such of his Adherents as shall within six days after the date hereof lay down their Arms. WHereas now at the last those Seditious and Traitorous Counsels and Consultations which have been long in design and which long since We foresaw have produced such manifest and open effects of Treason and Rebellion against Us that there are already great numbers of Horse and Foot Raised Arraied Mustered and Trained under pretence of Authority of Our two Houses of Parliament without and against Our Consent in and about Our Cities of London and Westminster in a warlike manner and there are many more in Raising with speed and Robert Earl of Essex by the said pretended Authority without Our Consent hath been nominated to be Captain General of those Troops and Forces and forgetting the Duty and Allegiance which he oweth to Us his Sovereign hath taken upon him and accepted that Title and Command of Captain General and in that quality appeareth amongst the Souldiers animating and encouraging himself and them in these Traitorous and Rebellious Designs and as it is now notoriously known the said Earl and his Adherents intend speedily to march from thence towards the North where We now reside and in a warlike manner to assail and oppose Us and those who shall attend or assist Us under pretence of defending Our Person and the two Houses of Parliament and prepare traitorously to surprise or besiege Our Town of Portsmouth and to possess themselves thereof with force the same being a Town and Port of great importance in the Western parts of this Kingdom and also to surprise or by force to take and possess themselves of all other Castles Forts and places of strength within this Kingdom and all this to strengthen them and their Party in these their Traitorous and Rebellious Designs all which are not now taken up by Us upon Information of others and by Conjecture but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain General over the whole Kingdom of England and Dominion of Wales which in the name of the two Houses of Parliament is granted unto the said Earl but hath indeed been contrived by some few Malignant persons Members of either House whereby they have mentioned to conferr upon him and the said Earl under that colour hath assumed unto himself those Titles and begun to put in execution those Powers and Authorities which are inconsistable with Our Sovereignty all which is so done contrary to all Rules of Religion Laws Allegiance or common Honesty We do now therefore publish and declare by this Our Royal Proclamation That the said publick and notorious Acts and Actions of the said Earl are Acts and Actions of High Treason being a manifest levying of War against his natural Liege Lord and King expresly within the words and meaning of the Statute made in the twenty fifth year of King Edward the Third declaring the same of which in Law there neither is nor can be any doubt and that the said Earl of Essex is a Rebel and Traitour unto Us and to Our Crown and that he and all Colonels Captains and Officers which upon notice hereof shall not immediately quit their Commands under him or any others by the like unlawful and usurped power without and against Us are also guilty of High Treason within that Statute and ought to be adjudged and esteemed and proceeded against as Traitors and Rebels And yet out of Our Grace and Clemency towards such of Our Subjects as have been abused and misled by the said Earl and such others as joyn themselves with him in these desperate Courses and to preserve the Peace of this Kingdom if it be possible and to avoid the shedding of blood We abhorring the name of a Civil War if it can by any good means be avoided do by this Our Royal Proclamation admonish the said Earl and all Our Subjects whom it may concern which are now already joyned or shall joyn themselves to the said Earl in this act of Hostility that forthwith they lay down their Arms as well Horse as Foot and all other preparations for the War and instantly without delay return to their own homes and habitations and there quietly and peaceably imploy and bestow themselves in their proper Vocations and Callings and that hereafter they meddle not or interpose themselves in these or any the like Rebellious and Traitorous Undertakings or Actions Which if the◠do readily and really perform within six days after the date of these presents W◠do hereby promise and undertake in the Word of a King that We will freely extend 〈◊〉 Mercy unto them and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time But if
do most concern Our Rights Our Quarrel is not against the Parliament but against particular Men who first made the Wounds and will not now suffer them to be healed but make them deeper and wider by contriving fostering and fomenting Mistakes and Jealousies betwixt Body and Head Us and Our two Houses of Parliament whom We name are ready to prove them guilty of High Treason We desire that the Lord Kimbolton Mr. Hollis Mr. Pym Mr. Hampden Sir Arthur Hesilrigge Mr. Stroud Mr. Martin Sir Henry Ludlow Alderman Pennington and Captain Venn may be delivered into the hands of Justice to be tried by their Peers according to the known Law of the Land if we do not prove them guilty of High Treason they will be acquitted and their Innocence will justly triumph over Us. Against the Earl of Warwick the Earl of Essex Earl of Stamford Lord Brook Sir John Hotham Serjeant Major General Skippon and those who shall henceforth exercise the Militia by virtue of the Ordinance We shall cause Indictments to be drawn of High Treason upon the Statute of the 25. year of King Edward the Third Let them submit to the Trial appointed by Law and plead their Ordinances if they shall be acquitted We have done And that all Our loving Subjects may know that in truth nothing but the preservation of the true Protestant Religion invaded by Brownisme Anabaptisme and Libertinisme the Safety of Our Person threatned and conspired against by Rebellion and Treason the Law of the Land and Liberty of the Subject oppressed and almost destroyed by an Usurped Unlimited Arbitrary Power and the Freedom Priviledge and Dignity of Parliament awed and insulted upon by Force and Tumults could make us put off Our long-loved Robe of Peace and take up defensive Arms We once more offer a free and a gracious Pardon to all Our loving Subjects who shall desire the same except the persons before named and shall be as glad with Safety and Honour to lay down these Arms as of the greatest Blessing We are capable of in this World But if to justify these Actions and these Persons our Subjects shall think fit to engage themselves in a War against Us We must not look upon it as an Act of Our Parliament but as a Rebellion against Us and the Law in the behalf of these Men and shall proceed for the suppressing it with the same Conscience and Courage as We would meet an Army of Rebels who endeavour to destroy both King and People And We will never doubt to find honest Men enough of Our minds MDCXLI April ¶ The true Copy of the Petition prepared by the Officers of the late Army and subscribed by His Majesty with C. R. To the KING' 's most Excellent Majesty the Lords Spiritual and Temporal the Knights Citizens and Burgesses now assembled in the High Court of Parliament The Humble Petition of the Officers and Souldiers of the Army Humbly sheweth THat although our Wants have been very pressing and the Burthen we are become unto these parts by reason of those Wants very grievous unto us yet so have we demeaned our selves that Your Majesty's great and weighty Affairs in this present Parliament have hitherto received no interruption by any Complaint either from us or against us A temper not usual in Armies especially in one destitute not only of Pay but also of Martial Discipline and many of its principal Officers That we cannot but attribute it to a particular blessing of Almighty God on our most hearty affection and zeal to the Common good in the happy success of this Parliament to which as we should have been ready hourly to contribute our dearest blood so now that it hath pleased God to manifest his blessing so manifestly therein we cannot but acknowledge it with thankfulness We cannot but acknowledge his great Mercy in that he hath inclined Your Majesties Royal heart so to co-operate with the wisdom of the Parliament as to effect so great and happy a Reformation upon the former Distempers of this Church and Commonwealth As first in Your Majesties gracious condescending to the many important Demands of our neighbours of the Scotish Nation secondly in granting so free a course of Justice against all Delinquents of what quality soever thirdly in the removal of all those Grievances wherewith the Subjects did conceive either their Liberty of Persons Propriety of Estate or Freedom of Conscience prejudiced and lastly in the greatest pledge of security that ever the Subjects of England received from their Soveraign the Bill of Triennial Parliaments These things so graciously accorded unto by Your Majesty without bargain or compensation as they are more than expectation or hope could extend unto so now certainly they are such as all Loyal hearts ought to requiesce in with thankfulness which we do with all humility and do at this time with as much earnestness as any pray and wish that the Kingdom may be settled in peace and quietness and that all Men may at their own homes enjoy the blessed fruits of Your Wisdom and Justice But may it please Your Excellent Majesty and this High Court of Parliament to give us leave with grief and anguish of heart to represent unto You that We hear that there are certain persons stirring and practical who in stead of rendring Glory to God Thanks to his Majesty and acknowledgment to the Parliament remain yet as unsatisfied and mutinous as ever who whilest all the rest of the Kingdom are arrived even beyond their wishes are daily forging new and unseasonable demands who whilest all Men of Reason Loyalty and Moderation are thinking how they may provide for your Majesties Honour and Plenty in return of so many Graces to the Subject they are still attempting new Diminutions of Your Majesty's just Regalities which must ever be no less dear to all honest Men than our own Freedoms in fine Men of such turbulent Spirits as are ready to sacrifice the Honour and Welfare of the whole Kingdom to their private fancies whom nothing else than a subversion of the whole frame of Government will satisfie Far be it from our thoughts to believe that the Violence and Vnreasonableness of such kind of persons can have any influence upon the Prudence and Justice of the Parliament But that which begets the trouble and disquiet of Our Loyal hearts at this present is That we hear those ill-affected persons are backed in their Violence by the Multitude and the power of raising Tumults that thousands flock at their call and beset the Parliament and White-Hall it self not only to the prejudice of that freedom which is necessary to great Councils and Judicatories but possibly to some personal danger of Your Sacred Majesty and Peers The vast consequence of these Persons Malignity and of the Licentiousness of those Multitudes that follow them considered in most deep care and zealous affection for the safety of Your Sacred Majesty and the Parliament Our Humble Petition is that in Your
Advancement of God's Service For the Second of Our Intention to make War upon Our Parliament and so to root out Parliaments the Scandal is so senseless when Our Accusation of a few particular Persons for particular Crimes notoriously committed adjudged by the known Laws of the Land to be Treason is evident that no Man can be moved with it who doth not believe a dozen or twenty Factious Seditious Persons to be the High Court of Parliament which consists of KING Lords and Commons And for the Privileges of it whoever doth not believe that to raise an Army to murther and depose the King to alter the whole frame of Government and established Laws of the Land by extemporary extravagant Votes and Resolutions of either or both Houses to force and compel the Members to submit to the Faction and Treason of a few and to take away the Liberty and Freedom of consultation from them be the Privileges of Parliament must confess that the Army now raised by Us is no less for the Vindication and Preservation of Parliaments than for Our own necessary Defence We have often said and We still say that We believe many Inconveniences have grown upon this Kingdom by the too long intermission of Parliaments that Parliaments are the only necessary sovereign Remedies of the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom that without Parliaments the Happiness cannot be lasting to King or People We have prepared for the frequent assembling of Parliaments and will be always as careful of their just Privileges as of Our Life Honour or Interest But that those Privileges should extend so far as hath been lately declared that it should not be lawful for Us to apprehend the Lord saint-Saint-John Captain Wingate or Captain Walton when they came to destroy Us because they were Members of Parliament without the consent of that House of which they were Members is so ridiculous that there need no more to be said in this Argument than the giving these instances In a word as whoever knows in what Danger Our Person was on Sunday the 23. of October can never believe that the Army which gave Us Battel was raised for Our Defence and Preservation so when they consider how much the Liberty of the Subject is invaded by their Rapine and Imprisoning and that four parts at the least of five of the Members of both Houses are by Violence driven from being present in that Council that the Book of Common-Prayer is rejected and no countenance given but to Anabaptists and Brownists they will easily find the pretences of care of the Protestant Religion the Liberty of the Subject and of the Privilege of Parliament to be as vain and pretended as those which refer to the Safety of Our Person and preservation of Our Posterity We cannot omit the great pains and endeavours these great pretenders to Peace and Charity have taken to raise an implacable Malice and Hatred between the Gentry and Commonalty of the Kingdom by rendring all Persons of Honour Courage and Reputation odious to the Common People under the style of Cavaliers insomuch as the High-ways and Villages have not been safe for Gentlemen to pass through without Violence or Affronts and by infusing into them that there was an intention by the Commission of Array to take away a part of their Estates from them a Scandal so senseless and impossible that the Contrivers of it well know that they might with equal Ingenuity have charged Us with a purpose of introducing Turcisme or Judaisme amongst them and We hope when Our good Subjects have well weighed the continual Practices of these Men to reject all offers of Treaty and to suppress Truth and to mislead them by bold and monstrous Falsehoods they will not think such arts and ways to lead to Peace and Unity And We desire Our good Subjects of all Conditions to believe that We hold Our Self bound no less to defend and protect the meanest of Our People who are born equally free and to whom the Law of the Land is an equal Inheritance than the greatest Subject and that as the Wealth and Strength of this Kingdom consists in the Number and Happiness of Our People which is made up of Men of all Conditions so We shall to the utmost of Our Power endeavour without distinction to give every one of them that Justice and Protection which is due to them and We do exhort them all to that charitable and brotherly Affection one towards another that they may be reconciled in a just Duty and Loyalty to Us which may enable Us for that Protection To conclude We would have all the World know that We shall never forget the Protestations and Vows We have made to Almighty God in Our several Declarations and Messages to both Our Houses of Parliament And We are too much a Christian to believe that We can break those Promises and avoid the Justice of Heaven CHARLES R. Our express pleasure is That this Our Declaration be published in all Churches and Chappels within the Kingdom of England and Dominion of Wales by the Parsons Vicars or Curates of the same DECLARATIONS and PAPERS Concerning the TREATY of PEACE AT OXFORD MDCXLII III. MDCXLII Novemb. His MAJESTY's Declaration to all His loving Subjects of His true Intentions in advancing lately to Brainceford THough Our Reputation be most dear to Us and especially in those cases wherein the truth of Our most solemn Professions and by consequence of Our Christianity is questioned yet it is not only for the Vindication of that and to clear Our self from such Aspersions but withal to preserve Our Subjects in their just Esteem of and Duty to Us and from being engaged into Crimes and Dangers by those malicious Reports so spightfully framed and cunningly spread against Us concerning Our late advancing to Brainceford that We have resolved to publish this Our following Declaration AT Colebrook on Friday the 11. of November We received a Petition from both Our Houses of Parliament by the Earl of Northumberland the Earl of Pembroke and Montgomery the Lord Wenman Master Pierrepont and Sir John Hippesly And indeed We were well pleased to see it so much liker a Petition than the other Papers We had often of late received under that name and return'd to it the next day so gracious an Answer that We assure Our selves could not but be very satisfactory to all that were truly lovers of Peace The Copies of both do here follow To the KING 's most Excellent MAJESTY The humble Petition of the Lords and Commons now assembled in Parliament WE Your Majesty's most loyal Subjects the Lords and Commons in Parliament assembled being affected with a deep and piercing sense of the Miseries of this Kingdom and of the Dangers to Your Majesty's Person as the present Affairs now stand and much quickned therein with the sad consideration of the great effusion of Blood at the late Battel and of the loss of so
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His Majesty in the name of both Houses that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Domiion of Wales and in Cornwal and Devon and they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seal William Pierrepont Esque Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees attending His Majesty upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesty's third Article in this manner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Houses of Parliament You shall humbly present to His Majesty the Reasons herewithal sent from both Houses for their not assenting to those Alterations and Additions to the Articles of Cessation offered by His Majesty You shall press the force of those Reasons or any other as there shall be occasion in the best manner you may to procure His Majesties assent to those Articles of Cessation which if you shall obtain within two days after the day of the receit hereof you shall in the name of both Houses of Parliament agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the twenty fifth of March and upon a day certain as soon as may be when the same shall first begin and be of force within which time notice is to be given as well by His Majesty as by the Lords and Commons to the several Generals Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles And after such conclusion made you shall take care that those Articles be past under the Great Seal in a fitting and effectual manner and speedily sent up to the Lords and Commons in Parliament with four Duplicates of the same at least If His Majesty shall please to agree upon the two Propositions concerning His own Revenues Towns Forts Magazines and Ships and the disbanding of the Armies you are then authorized fully to agree and conclude upon those Propositions according to your Instructions and you shall desire His Majesty that the same may be forthwith put in execution according to the Instructions formerly given in that behalf and the two Houses will be ready to put in execution what is to be performed on their part of which you have hereby power to assure His Majesty And if His Majesty shall not be pleased to agree upon those two Propositions within the time of four days you shall then speedily give advertisement to the two Houses of Parliament that thereupon they may give such further direction as to them shall seem fit Josh Brown Cler. Parliamentorum Reasons for the Committee Martii 27. 1643. To the Kings most Excellent Majesty THe Lords and Commons in Parliament assembled do with all humble thankfulness acknowledge Your Majesty's Favour in the speedy admission of their Committee to Your Royal Presence and the expedition of Your Exceptions to their Articles that so they might more speedily endeavour to give Your Majesty satisfaction and although they were ready to agree to the Articles of Cessation in such manner as they exprest in their Preface they cannot agree to the Alteration and Addition offered by Your Majesty without great prejudice to the Cause and danger to the Kingdom whose Cause it is The reasons whereof will plainly appear in the Answer to the particulars prest by Your Majesty I. They do deny that they have restrained any Trade but to some few of those places where Your Majesty's Forces are inquartered and even now in the heat of War do permit the Carriers to go into all the parts of the Kingdom with all sorts of Commodities for the use of the Subjects except Arms Ammunition Mony and Bullion But if they should grant such a free Trade as Your Majesty desired to Oxford and other places where Your Forces remain it would be very difficult if not impossible to keep Arms Ammunition Mony and Bullion from passing into Your Majesty's Army without very strict and frequent Searches which would make it so troublesome chargeable and dangerous to the Subjects that the question being but for twenty days for so few places the Mischiefs and Inconveniences to the whole Kingdom would be far greater than any Advantage which that small number of Your Subjects whom it concerns can have by it The case then is much otherwise than is exprest by Your Majesty's Answer for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the Cessation the truth is that they do grant it as fully to the benefit of the Subject even in time of War and that Your Majesty in pressing this for the Peoples good doth therein desire that which will be very little beneficial to the Subjects but exceeding advantagious to Your Majesty in supplying Your Army with many necessaries and making Your Quarters a staple for such Commodities as may be vented in the adjacent Counties and so draw Mony thither whereby the Inhabitants will be better enabled by Loans and Contributions to support Your Majesty's Army And as Your Majesty's Army may receive much Advantage and the other Army much Danger if such freedom should be granted to those places so there is no probability that the Army raised by the Lords and Commons shall have any return of Commodities and other Supplies from thence which may be useful for them And they conceive that in a Treaty for a Cessation those demands cannot be thought reasonable which are not indifferent that is equally advantagious to both parties As they have given no interruption to the Trade of the Kingdom but in relation to the supply of the contrary Army which the reason of War requires so they beseech Your Majesty to consider whether Your Souldiers have not robbed the Carriers in several parts where there hath been no such reason and Your Ships taken many Ships to the great damage not only of particular Merchants but of the whole Kingdom and whether Your Majesty have not declared Your own purpose and endeavoured by Your Ministers of State to embarque the Merchants goods in Forein parts which hath been in some measure executed upon the East-land Merchants in Denmark and is a course which will much diminish the Wealth of the Kingdom violate the Law of Nations make other Princes Arbiters of the Differences betwixt Your Majesty and Your People break off the intercourse betwixt this and other States and like to bring us into quarrels and dissentions with all the neighbour-Nations II. To demand the approving of the Commanders of the Ships is to desire the strength of one party to the other before the difference be ended and against all Rules of Treaty To make a Cessation at Sea would leave the Kingdom naked to those Forein Forces which they have great cause to believe have been sollicited against them and the Ports open for such supplies of Arms and Ammunition as shall be brought from beyond the Seas But for conveying any number of Forces by those means from one part to another they
effecting whereof their most earnest Prayers and uttermost endeavours shall ever be faithfully and constantly employed in hope that God will give a blessing thereunto Hen. Elsinge Cler. Parl. D. Com. Additional Instructions concerning the Cessation March 29. IN case we shall obtain Your Majesty's Assent to the Articles of Cessation as they were last presented to Your Majesty within two days after the day of the receit of the Reasons this day presented to Your Majesty from both Houses for their not assenting to those Alterations and Additions to the Articles of Cessation offered by Your Majesty we are authorised by our Instructions this day received in the name of both Houses of Parliament to agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the 25. of this instant March and upon a day certain as soon as may be when the same shall first begin and be of force within which time notice is to be given as well by His Majesty as by the Lords and Commons to the several Generals Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles last presented to Your Majesty Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne The KING's Question concerning Removal of Quarters March 13. 1643. WHether by denying the Communication of Quarters you intend to restrain the Quarters of either Army from each other as that the Forces at Abbingdon may not remove to Banbury or the Forces at Henly may not remove to Ailesbury or to any other places within the Quarter of each Army respectively Falkland The Committees Answer concerning Removal of Quarters Mar. 31. 1643. IN Answer to Your Majesty's Question upon the third Article of the Cessation We humbly conceive That it is not intended to restrain the Quarters of their Army respectively from each other so as they come not nearer the Quarters of the other Army but that the Forces at Abbingdon may remove to Banbury or the Forces at Henly may remove to Ailesbury or to any other place within the Quarters of each Army respectively so as the Forces of either Army respectively come not nearer the Quarters of the other Army than they shall be upon the day agreed on for the Cessation to begin Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne The KING's Question concerning the Cessation March 31. 1643. HIS Majesty desires to be resolved by the Committee of Lords and Commons whether the Forces of Oxford may not as well go to Reading as the Forces of Henley may to Ailesbury Whether His Majesty's Forces belonging to the Army at Oxford may not go to Shrewsbury or any other place backwards from London so that in their march they approach no nearer to any Quarters of any of the contrary Armies than some of His Majesties Forces shall quarter upon the day agreed upon for the Cessation to begin Falkland The Committees Answer concerning the Cessation March 31. 1643. WE humbly conceive that by our Instructions we are not enabled to give any Resolution upon Your Majesty's Questions concerning the Removal of Quarters other than we have already given Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne A Letter from the Earl of Manchester April 4. My Lord I Am commanded by the Lords in Parliament to send unto your Lordship these inclosed Votes for the giving your Lordship and the Committee longer time to treat of the first Propositions This is all I have in command as Your Lordships most humble Servant Manchester Speaker of the House pro tempore April 2. Votes of both Houses for four days longer to Treat April 4. Die Lunae Aprilis 3. 1643. Resolved upon the Question by the Lords and Commons in Parliament assembled THat further time shall be given to the Committee at Oxon to treat upon the two first Propositions viz. the first Proposition of His Majesty's and the first Proposition of both Houses Resolved c. That the time prescribed for the Treaty upon the two first Propositions shall be until Friday next Resolved c. That Friday in this last question shall be taken inclusive Joh. Brown Cler. Parliamentorum April 4. His Majesty's Message concerning the Cessation CHARLES R. HOW His Majesty hath spent His time since the Committee from His two Houses of Parliament came hither how willing He hath been during the four days allowed to them to expedite the Treaty it self by the free and diligent disquisition of the particulars comprized in those two first Articles and how intent He hath been upon the Cessation which He thinks so necessary and so much desires since the last Message concerning the same came to Him the Committee themselves cannot but observe And though no conclusion could be made within the two days a time limited with much strictness in a business of so great moment where all words and expressions must be carefully and exactly weighed His Majesty cannot doubt but both Houses will be willing to give and receive satisfaction in any particulars which are necessarily to be considered in concluding the same though the two days are expired And if His Majesty enlarges Himself in His Replys more than may seem necessary to the Propositions and Differences in debate it must be remembred by what unnecessary and unwarrantable expressions in this last Message from His two Houses He is not only invited but compelled thereunto which He could heartily have wished might upon this occasion have been forborn I. For the Freedom of Trade His Majesty hath great reason to require and the two Houses to admit that Freedom to His good Subjects He desired For what concerns the supply of the Army with Arms Ammunition Money Bullion and Victuals He consented to the very terms proposed by the two Houses and that they may be observed is contented that searches may be made which being but the trouble of particular persons is not considerable in respect of the Publick benefit and advantage But why all other liberty of Traffick and Commerce should not be granted to His good Subjects He cannot understand for that His Majesty's Army should receive much Advantage thereby and the contrary Army none is in no degree confessed For besides the restraint is to places where no part of His Majesty's Army is and indeed the whole Trade of the Kingdom interrupted 't is as great a support if not a greater to the contrary Army to maintain and keep up the Trade of London from whence that receives its supply and relief as to His Majesty's Army to continue the Trade of Oxford or any other place where His Forces reside and to stop and seize the Cloth Kersies and other Western Commodities which his Majesty can daily do from Reading would be as great disturbance to the Trade of London as the seizing of any Commodities which may be done by the Earl of Essex from Windsor or Wickham can be to the Trade of Oxford And therefore His Majesty
is intended may be so exprest and understood that no mistakes may arise so that His Majesty may not be understood to consent to any imposing upon levying distraining or imprisoning His good Subjects to force them to contribute or assist against Him which He shall always continue to inhibit requiring all men to resist those Illegal acts of Injustice and Violence against which He doth absolutely protest and so that there may not be a liberty for any Rapine Plundering or seizing upon His Subjects by any of the Soldiers of that Army for not submitting to such Illegal Impositions as aforesaid For otherwise they may during this Cessation besides what is already imposed impose new Taxes not only to the Nineteenth part but if they please for their pleasure is all their bound to the half of or all their Estates upon His good Subjects in His City of London and all Counties within their reach and their Army would then be at leisure to be employed as Collectors as well of the old Impositions which in most places without their Army they cannot levy as of any such new one and vast summs would and might by this means be raised to the destruction of His Subjects extraordinary advantage to them and great disadvantage to His Majesty who can neither obtain His own Consent to take the like courses nor in case He could is He so quartered as to have within the power of His Army without breach of the Cessation by drawing nearer to their Forces any such City or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it self and for His People than such a limitation so nothing can be more unequal to His Majesty or more advantagious to them than the admission of or connivance to any such practices upon His People This Cessation to begin on the 9. of April and to continue to the end of 20. days from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable Peace may be agreed on and both Armies speedily disbanded otherwise if during this Cessation in the Articles of which His Majesty in order to Peace hath yielded to things manifestly unreasonable and prejudicial to His Army the Treaty be not dispatched His Majesty cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the Cessation in the Quarters in which He hath so long been and now is and which will hardly be able to hold out so long but must be forced to remove as He shall find agreeable for His Occasions And in case any delay be made in consenting to these His Majesty's limitations or that the Houses shall reject this His offer of Cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire that the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Jo. Brown Cler. Parliamentorum Copia vera Addition of four days longer to Treat April 4. 1643. WE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. the first Proposition of Your Majesty and the first Proposition of both Houses and that the time prescribed for the Treaty upon the two first Propositions shall be until Friday night Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne A Letter from both Houses received April 8. 1643. WE are commanded to send these inclosed Instructions to you from both Houses of Parliament by which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7. of April 1643. Your humble Servants Manchester Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepont Esq Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelocke Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOU are hereby to take notice That the two Houses have considered His Majesty's Answer to their Reasons concerning the Cessation wherein there are divers expressions which reflect much upon the Honour and Justice of the Houses and might occasion particular Replies yet at this time they desire to decline all Contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy Peace For which cause they do not think good to consume any more of that time allowed for the Treaty in any farther debates upon the Cessation concerning which they find His Majesty's expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole Treaty being but seven days if the Cessation were presently agreed it would not yield any considerable advantage to the Kingdom Wherefore you shall desire His Majesty that He will be pleased to give a speedy and positive Answer to their first Proposition concerning the Disbanding that so the People may not have only a Shadow of Peace in a short time of Cessation but the Substance of it in such manner as may be a perpetual Blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English blood and Desolation of many parts of the Land For the obtaining of which Happiness the Lords and Commons have resolved to enlarge your Power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the Cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further Instructions to proceed to the other Propositions that so the whole Treaty may be determined within the twenty days formerly limited to be reckoned from the 25 of March last which can admit no alteration or enlargement without manifold Prejudice and Danger to the whole Kingdom Joh. Brown Cler. Parliamentorum The KING's Reply touching Cessation and His desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Committee according to His Majesty's desire had had but power to agree in the wording of Expressions in the Articles of Cessation His Majesty's which are as clear as the matter would bear and as He could make them had not appeared so doubtful to any but that the Cessation
might have been suddenly and speedily resolved and that long before this time And if the expressions of both Houses in their Reasons had not necessitated His Majesty in His own defence to give such Answers as could not upon those points deliver Truth without some shew of Sharpness no Expression of that kind in His Majesty's Answer had given any pretence for the rejection of or refusing so much as to treat upon this Cessation which though it were at present for no long time yet was from the day named by themselves the 25 of March whereas His Majesty first moved for a Cessation and Treaty without any limitation at all in the time of either and His Majesty was most ready to have enlarged the time so that in the mean while the point of Quarters might be so settled as that His Armies might subsist and which might have been if they had pleased a very good and promising earnest and fore-runner of that great blessing of Peace for the obtaining of which the wishes and endeavours of all good men being earnestly bent a farther debate in order to so great a Benefit did not deserve to be styled a consumption of time And His Majesty cannot but conceive Himself to be in a strange condition if the doubtfulness of Expressions which must always be whilst the Treaty is at such a distance and power is denied to those upon the place to help to clear and explain or His necessary Replying to charges laid upon Him that He might not seem to acknowledge what was so charged or the limitation of the time of seven days for the Treaty which was not limited by His Majesty who ever desired to have avoided that and other limitations which have given great interruptions to it should be as well believed to be the grounds as they are made the arguments of the rejection of that which next to Peace it self His Majesty above all things most desires to see agreed and settled and which His Majesty hopes if it may be yet agreed on will give His People such a taste of such a Blessing that after a short time of consideration and comparing of their several conditions in War and Peace and what should move them to suffer so much by a Change they will not think those their friends that shall force them to it or be themselves ready to contribute to the renewing of their former Miseries without some greater evidence of Necessity than can appear to them when they shall have seen as they shall see if this Treaty be suffered to proceed that His Majesty neither asks nor denies any thing but what not only according to Law He may but what in Honour and care of His People he is obliged to ask or deny And this alone which a very short Cessation would produce His Majesty esteems a very considerable advantage to the Kingdom and therefore cannot but press again and again that whatever is thought doubtful in the expressions of the Articles may as in an hour it may well be done be expounded and whatsoever is excepted at may be debated and concluded and that Power and Instructions may be given to the Committee to that end that the miserable effects of War the effusion of English blood and desolation of England until they can be totally taken away may by this means be stayed and interrupted His Majesty supposes that when the Committee was last required to desire His Majesty to give a speedy and positive Answer to the first proposition concerning Disbanding His Answers in that point to which no Reply hath been made and which He hopes by this time have given satisfaction were not transmitted and received but wonders the Houses should press His Majesty for a speedy and positive Answer to the first part of their first Proposition concerning Disbanding when to the second part of the very same Proposition concerning His Return to both Houses of Parliament they had not given any Power or Instructions to the Committee so much as to treat with His Majesty and when His Majesty if His desire of Peace and of speeding the Treaty in order to that had not been prevalent with Him might with all manner of Justice have delayed to begin to treat upon one part until they had been enabled to treat upon the other In which point and for want of which power from them the only stop now remains His Majesty's Answers to both parts of their first Proposition being given in transmitted and yet remaining unanswered To which until the Houses shall be at leisure to make Answer that as little delay in this Treaty as is possible may be caused by it His Majesty desires likewise that the Committee may be enabled to treat upon the following Propositions in their several orders A Letter from both Houses April 8. WE have sent unto you by this Gentleman Sir Peter Killegrew some additional Instructions by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken upon the Papers which they received this day from you This is all we have in command and remain Your Lordship 's humble Servants Manchester Speaker of the House of Peers pro tempore Will. Lenthall Speaker of the Commons House in Parliament Westminster this 8 of April 1643. Instructions concerning the Insisting received April 9. 1643. Additional Instructions for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esquire Sir William Armyne and Sir John Holland Baronets Bulstrode Whitelocke Esquire Committees from both Houses attending His Majesty at Oxford Magazines and enlarging the time THE two Houses of Parliament are unsatisfied with His Majesty's Answer to that Clause of the first Proposition which concerns the Magazines Wherefore you are to desire His Majesty to make a further Answer in such manner as is exprest in the Instructions formerly given you and you shall let His Majesty know That the Lords and Commons do not think fit to enlarge the time of the Treaty beyond the twenty days formerly limited Cinque-Ports Towns Forts and Castles They likewise remain unsatisfied with His Majesty's Answer concerning the Cinque-Ports Towns Forts and Castles being in the most material points an express Denial Wherefore you are to insist upon their desire for another Answer according to your Instructions Ships They observe in His Majesty's Answer concerning the Ships not only a Denial to all the desires of both Houses but likewise a Censure upon their proceedings However you are to insist upon their desires expressed in your Instructions Disbanding They further conceive that His Majesty's Answer to their first Proposition concerning the Disbanding is in effect a Denial unless they desert all those cautions and limitations which they have desired in their Answer to His Majesty's first Proposition Wherefore you are to proceed insisting upon that part of their first Proposition concerning the Disbanding according to your Instructions KING's Return to the Parliament You shall declare to His Majesty
that his Consent was as much forced from Him as these Particulars were forced from His Majesty or if they were so far out of Danger of any farther Encroachments upon their Power that He could have no cause of Fears and Jealousies in granting some of these to them nay that their advice in the Choice arose wholly from His Majesty's Desire and not their Demand then the Precedents fit not this Case and so make nothing for their purpose But now that the Perpetuity of this Parliament hath so far encouraged those who by Arts and Violence have gotten Power over it that they may probably hope to make this Power as perpetual as it and have given so sufficient Evidence what further use they would make of any Power His Majesty supposes Himself to have more reason to be cautious in that Point than any of His Predecessors who were content to share any part of this Power but for once with but a temporary Assembly especially since their several Propositions have shewed how much more they wish and M. Prinne's Books printed by Order of a Committee of the House of Commons signified by Warrant under M. White 's hand have shewed how much more they pretend to and since any Grant of His is desired by these Men but to enable them to obtain the rest of their pretences or desires what he yielded to them concerning my Lord of Essex and Sir John Conyers being Lieutenants of Yorkshire and the Tower being prest in these very Precedents as an Argument to Him why he should grant all they ask now On the other side if his Majesty should make use of their own kind of Weapon and do the same or as great things or make them the like or as great demands as their Predecessors have tacitely approved of or directly assented to when they were done or made by His as in the just Famous time of Queen Elizabeth in the Case of Stanhope and Savile or in the same time in Wentworth's Case or in the Reign of Henry the Eighth in the Power given to Him to dispose of the Kingdom by His Will and Testament and others of the like and near as high kinds He believes both Houses would think what others then did to be no Argument to perswade them either to approve or consent but would rather for ever wave all Arguments from Precedents than direct themselves by the same Rule Their third Argument is That His Majesty had formerly exprest that His Forts and Castles should be only in such hands as both Houses might safely confide in And His Majesty expresseth still as much and till some just legal cause be shewed him why the Persons now in those Commands cannot be safely Confided in by them He conceives they might safely confide in them if they pleas'd But His Majesty did likewise once say He would put all those places both of the Forts and Militia into such hands as both Houses should approve or recommend unless such were named against whom He had just and unquestionable Exceptions To which His Majesty replies That His Offer not giving them satisfaction then for they would then limit no time for the Militia which was the Condition of that Offer of His Majesty's and since it seems it would give none yet for they now ask no less for the Ships than for those and more for both as to the time and other Circumstances than He then offered for these and they by forcing those Places from Him since and some of the Persons legally vested in those Places by their faithfulness to him in this War having given Him so much more cause not to yield to it now He conceives the case to be so altered by all these differences that though out of His earnest desire to satisfie them as long as He thought them capable of satisfaction by it He then intended what He spoke yet He may insist upon what He now insists without being said to have receeded from His Word Did not they refuse to accept of four Persons named in His Majesty's Bill concerning the Militia which themselves had but newly offered Him in their Ordinance concerning it And had those Persons in that time given them so great cause for that refusal as His Majesty hath had given Him for this And yet will they confess that ill Counsel prevail'd with them to recede from their Words and that therefore His Majesty had the more cause to be farther secured Their fourth Argument is That unless these Limitations be granted those secret and wicked Councellors that have been Instruments of the present Miseries will have the disposing of those Places and His Majesty carry but the Name To this His Majesty replies That knowing who have been the Instruments of these Miseries He should by that believe the secret and wicked Councellors spoken of to be the active part of the close Committee for if He have any wicked Councellors about him He confesseth they have cause to call them Secret as well as Wicked since they have not only wholly concealed themselves from Him but He having often press'd to have some named could never obtain from them the Name so much as of one nor since hath heard so much as one proof or charge either of being wicked Councellors or of any Legal Crime against any of His Servants whom they have named though they have publisht them withal to be incapable of Pardon However He finds that if what they say were true the ends of these Councellors and of their violent Party is but just the same that is to dispose of these Places and that His Majesty may only carry the Name But they have found a Letter of His Majesty 's to the Queen which shews that the great and eminent Places of the Kingdom are disposed of by Her Advice and then conclude from Her Religion that they are by consequence disposed of by the advice of Papists and Jesuits and that the Persons there named even during the sitting of Parliament are either all impeacht by them or bear Arms against them To this His Majesty replies First That He cannot but deplore the condition of the Kingdom when Letters of all sorts of Husbands to Wives even of His Majesty to His Royal Consort are intercepted read brought in Evidence and publisht to the World Secondly That if they will remember how far many of those Persons of both Sexes who have received most notable marks of Favour from Her Majesty are even in their own Opinion from so much as inclining to Popery they must confess her Favours and Recommendations not to be disposed of by Priests and Jesuits Thirdly That the Places there named in which Her Majesty's Advice may seem to be desired are not places as they call it of the Kingdom but private menial places a Treasurer of the Household a Captain of the Pensioners and a Gentleman of the Bed-chamber That concerning the other more publick Places His Majesty absolutely declares Himself without leaving room for Her Advice
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
considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises and do hereby give unto them and to any Ten or more of them full power and authority to meet and on Our part to Treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the twentieth Proposition who will recommend none to be imployed by his Majesty in places of so great trust but such whose known Ability and Integrity shall make them worthy of them which must needs be best known to a Parliament nor are they to have any greater Power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of his Majesties consenting to such Acts as shall be presented unto him for raising Moneys and other necessaries from the Subject which is without any charge to himself for no other end but the settling of the true Protestant Religion in that Kingdom and reducing it to his Majesties Obedience for which we hold nothing too dear that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the War of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Laws of God and Man their Faith their Allegiance all bonds of Charity all rules of Humanity and humane Society who have Butchered so many thousands of Innocent Christians Men Women and Children whose Blood cries up to Heaven for Vengeance so many of his Majesties Subjects whose Lives he is bound to require at their hands that spilt them and to do Justice upon them to put away innocent Blood from himself his Posterity the whole Land these execrable Antichristian Rebels who have made a covenant with Hell to destroy the Gospel of Christ and have taken up Arms to destroy the Protestant Religion to set up Popery to rend away one of his Majesties Kingdoms and deliver it up into the hands of Strangers for which they have negotiations with Spain and other States a War which must prevent so much mischief do so much good offer up such an acceptable Sacrifice to the Great and Just God of Heaven who groans under so much Wickedness to lie so long unpunished a War which must reduce that Kingdom unto his Majesties Obedience the most glorious work that this Kingdom can undertake that the prosecution of such a War your Lordships should make to depend upon any other condition that the Distractions of these Kingdoms should be laid as an impediment unto it and that there should be any thought any thing which should give those Rebels hope of impunity if our Miseries continue whereas according to Christian reason and the ordinary course of God's Providence nothing can be more probable to continue our Miseries then the least connivence in this kind What can be said or imagined should be any inducement to it We hope not to make use of their help and assistance to strengthen any party here to bring over such Actors of barbarous Cruelties to exercise the same in these Kingdoms We desire your Lordships to consider these things and that nothing may remain with you which may hinder his Majesty from giving his Consent to all good means for the reducing of Ireland according to what is desired by us in our Propositions The King's Commissioners Reply to the two last Papers The King's Commissioners Paper 20. February WE are very sorry that our Answers formerly given to your Lordships in the business of the Cessation which was so necessary to be made and being made to be kept have not given your Lordships satisfaction and that your Lordships have not rather thought fit to make the reasonableness of your Propositions concerning Ireland appear to us or to make such as might be reasonable in the stead then by charging his Majesty with many particulars which highly reflect upon his Honour to compel us to mention many things in Answer to your Lordships Allegations which otherwise in a time of Treaty when we would rather endeavour to prevent future Inconveniences then to insist on past mistakes we desired to have omitted And we can no ways admit that when the Cessation was made in Ireland his Majesties Protestant Subjects there could have subsisted without that Cessation nor that the War can be maintained and prosecuted to the subduing the Rebels there so long as the War continues in this Kingdom which are the chief grounds laid for the Assertions in your Lordships first Paper delivered this day concerning the business of Ireland Neither can we conceive that your Lordships have alleged any thing that could in the least degree satisfie us that his Majesty had no Power to make that Cessation or had no Reason so to do considering as we have formerly said and do again insist upon it that by that Cessation which was not made till long after this Kingdom was embroiled in a miserable War the poor Protestants there who for want of Supplies from hence were ready to famish and be destroyed were preserved and that Kingdom kept from utter Ruin so far was it from being a design for their Destruction or for the advantage of the Popish bloody Rebels as is insinuated for it appears by the Letters of the Lords Justices of Ireland Sir William Parsons and Sir John Borlase and of the Council there of the fourth of April 1643. before that Cessation made directed to the Speaker of the House of Commons a Copy whereof we delivered to your Lordships though we presume you may have the Original That His Majesties Army and good Subjects there were in danger to be devoured for want of needful Supplies forth of England and that His Majesties Forces were of Necessity sent abroad to try what might be done for sustaining them in the Country to keep them alive until Supplies should get to them but that design failing those their hopes were converted into astonishment to behold the Miseries of the Officers and Souldiers for want of all things and all those Wants made unsupportable in the want of Food and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity to be permitted to depart the Kingdom as that it would be extreme difficult to keep them there And in another part of that Letter for we shall not grieve you with mention of all their Complaints they expressed That they were expelling thence all Strangers and must instantly send away for England thousands of poor despoiled English whose very eating was then unsupportable to that place that their Confusions would not admit the writing of many more Letters if any for they had written divers others expressing their great Necessities And to the end His Majesty and the English Nation might not irrecoverably and unavoidably suffer they did desire that then though it were almost at the point to be too late supplies of Victuals and Ammunition in present might be hastned thither to keep life until the rest might follow there being no Victual in the store nor a hundred Barrells of Powder a small proportion to defend
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment concerning the State or Common-wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates
your Majesties Letter of the tenth of August instant Westminster 25. Aug. 1648. Your Majesties most loyal and most humble Subjects and Servants Manchester Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons Die Jovis 24. Aug. 1648. Resolved upon the Question by the Lords and Commons in Parliament assembled That for opening a way towards a Treaty with his Majesty for a safe and well-grounded Peace these four Votes following are hereby revoked and taken off viz. 1. Resolved That the Lords and Commons do declare That they will make no further Addresses or Applications to the King 2. Resolved by the Lords and Commons assembled in Parliament That no Application or Addresses be made to the King by any person whatsoever without the leave of both Houses 3 Resolved by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the penalties of high Treason 4. Resolved That the Lords and Commons do declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Resolved by the Lords and Commons That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him during this Treaty they not being persons excepted by the Houses from Pardon or under restraint or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court Resolved That the Houses do agree that such Domestick Servants not being in the former Limitations as his Majesty shall appoint to come to attend upon his Majesties Person shall be sent unto him Resolved That the Town of Newport in the Isle of Wight named by the King shall be the Place for this Treaty with his Majesty Resolved That if the King shall think fit to send for any of the Scotish Nation to advise with him concerning the Affairs of the Kingdom of Scotland only the Houses will give them a safe Conduct they not being persons under restraint in this Kingdom or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion Resolved That Five Lords and Ten Members of the House of Commons be Commissioners to Treat with the King Resolved That the time of beginning the Treaty be within ten days after the Kings Assent to Treat as is agreed and to continue forty days after the beginning thereof Resolved That his Majesty be desired to pass his Royal Word to make his constant Residence in the Isle of Wight from the time of his Assenting to Treat until twenty days after the Treaty be ended unless it be otherwise desired by both Houses of Parliament and that after his Royal Word so passed and his Assent given to Treat as aforesaid from thenceforth the former Instructions of the 16. of November 1647. be vacated and these observed and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight according as is formerly expressed and shall certifie the same to both Houses His MAJESTIES Answer to the Votes For the Earl of Manchester Speaker of the House of Peers pro tempore and William Lenthal Speaker of the House of Commons Carisbrook Monday 28. August 1648. MY Lord and Master Speaker I have received your Letter of the 25. of this Month with the Votes that you sent Me which though they are not so full as I could have wished for the perfecting of a Treaty yet because I conceive by what you have done that I am in some measure fit to begin one such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commoners as My two Houses shall appoint be speedily sent fully Authorized and Instructed to Treat with Me not doubting but what is now wanting will at our meeting upon Debate be fully supplied not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest Your good Friend CHARLES R. Here Inclosed I have sent you a List that ye have desired I desire in order to one of your Votes that ye would send Me a free pass for Parsons one of the Grooms of My Presence-Chamber to go into Scotland and that ye would immediately send him to Me to receive the Dispatch thither The List Duke Richmond Marq. Hartford Earl Lindsey Earl Southampton Gentlemen of My Bed-Chamber George Kirke James Leviston Henry Murrey John Ashburnham William Leg Grooms of My Bed-Chamber Thomas Davise Barber Hugh Henne Humph. Rogers William Levett Pages of My Back-Stairs Rives Yeoman of My Robes Sir Ed. Sidenham Robert Terwitt John Housden Querries with four or six of My Footmen as they find fittest to wait Mistress Wheeler Landress with such Maids as she will chuse Parsons a Groom of My Presence Sir Fulke Grevill Captain Titus Captain Burroughs Master Cresset Hansted Ab. Dowsett Firebrace to wait as they did or as I shall appoint them Bishop of London Bishop of Salisbury Doctor Shelden Doctor Hammond Doctor Holdsworth Doctor Sanderson Doctor Turner Doctor Heywood Chaplains Sir Thomas Gardiner Sir Or. Bridgman Sir Ro. Holbourne Mr. Geffrey Palmer Mr. Thomas Cooke Mr. J. Vaughan Lawyers Sir Edward Walker Mr. Phil. Warwick Nic. Oudart Charles Whitaker Clarks and Writers Peter Newton Clem. Kinersley to make ready the House for Treating A Letter from the Speakers of both Houses to His MAJESTY Sept. 2. MDCXLVIII With the Names of their Committee to Treat with Him YOur two Houses of Parliament have commanded us to acquaint Your Majesty that they have appointed the Earl of Northumberland the Earl of Pembroke the Earl of Salisbury the Earl of Middlesex and the Lord Viscount Say and Seale Members of the House of Peers and Thomas Lord Wenman Master Denzil Hollis Master William Pierrepont Sir Henry Vane junior Sir Harbottle Grimston Master Samuel Brown Master John Crew Master Recorder of the City of London Sir John Potts Master John Bulkeley Members of the House of Commons to Treat with Your Majesty at Newport in the Isle of Wight And though they cannot come within the time appointed yet they shall give their attendance with all convenient speed 2. Septemb. 1648. Your Majesties most loyal and humble Servants Hunsdon Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Answer to both Speakers For the Lord Hunsdon Speaker of the House of
as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
Lexington Mr Denzil Hollis Mr Pierrepont Mr Henry Bellasis Mr Richard Spencer Sir Thomas Fairfax Mr John Ashburnham Sir Gervas Clifton Sir Henry Vane Junior Mr Robert Wallop Mr Thomas Chicheley Mr Oliver Cromwell Mr Philip Skippon supposing that these are persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leaves the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere intentions and real endeavours for the composing and setling of these miserable Distractions which he doubts not but by the blessing of God will soon be put to a happy conclusion if this His Majesties offer be accepted Otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a compassion onthe bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to puta happy and speedy end to these present Miseries Given at our Court at Oxford the 26. of Decem. 1645. XVI From OXFORD Dec. 29. MDCXLV In pursuance of the former for a Personal Treaty at Westminster For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. ALthough the Message sent by Sir Peter Killegrew may justly require an expostulatory Answer yet His Majesty lays that aside as not so proper for His present endeavours leaving all the World to judge whether His Proposition for a Personal Treaty or the flat denial of a safe Conduct for Persons to begin a Treaty be greater signs of a real intention to Peace and shall now only insist upon His former Message of the 26. of this December That upon His repair to Westminster He doubts not but so to joyn His endeavours with His two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the setling of a way for the payment of the publick Debts as well to the Scots and to the City of London as others And as already He hath shewn a fair way for the setling of the Militia so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of security whereby just Jealousies may arise to hinder the continuance of the desired Peace And certainly this Proposition of a Personal Treaty could never have entred into His Majesties thoughts if He had not resolved to make apparent to all the World that the publick good and Peace of this Kingdom is far dearer to Him than the respect of any particular Interest Wherefore none can oppose this motion without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a work besides the declaring himself a direct opposer of the happy Peace of these Nations To conclude whosoever will not be ashamed that his fair and specious protestations should be brought to a true and publick test and those who have a real sense and do truly commiserate the miseries of their bleeding Country let them speedily and chearfully embrace His Majesties Proposition for His Personal Treaty at Westminster which by the blessing of God will undoubtedly to these now-distracted Kingdoms restore the happiness of a long-wisht-for and lasting Peace Given at Our Court at Oxford the nine and twentieth day of December 1645. XVII From OXFORD January 15. MDCXLV VI. In pursuance of the former Containing His Majesty's Concessions and Offers For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. BUT that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of His Majesties Trumpeter sent with His gracious Message of the 26. of December last Peace being the only subject of it and His Majesties Personal Treaty the means proposed for it And it were almost as great a wonder that His Majesty should be so long from enquiring after it if that the hourly expectation thereof had not in some measure satisfied His impatience But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People He thinks it high time to enquire after His said Trumpeter For since all men who pretend any goodness must desire Peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that His Majesties Personal presence in it is the likeliest way to bring it to an happy issue He judges there must be some strange variety of accidents which causeth this most tedious delay Wherefore His Majesty earnestly desires to have a speedy account of His former Message the subject whereof is Peace and the means His Personal presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full liberty for the ease of their Consciences who will not communicate in that Service established by Law and likewise for the free and publick use of the Directory prescribed and by command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all Forces being agreed to be disbanded His Majesty will then forthwith as He hath in His Message of the 29. of December last already offered joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scotch Subjects the City of London and others And His Majesty having proposed a fair way for the setling of the Militia which now by this long delay seems not to be thought sufficient security His Majesty to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace and taking away all Jealousies how groundless soever will endeavour upon debate with His two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral the Officers of State and others if His two Houses by their ready inclinations to Peace shall give Him encouragement thereunto Thus His Majesty having taken occasion by His just impatience so to explain His intentions that no man can doubt of a happy issue to this succeeding Treaty if now