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
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
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
upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid That Monies be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said powers or authorities or any of them without the consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of high 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 so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
upon or about the thirtieth day of November in the year last mentioned at Newbury aforesaid and upon or about the eighth day of June in the year of our Lord one thousand six hundred forty and five at the Town of Leicester and also upon the fourteenth day of the same month in the same year at Naseby-field in the County of Northampton At which several times and places or most of them and at many other places in this Land at several other times within the years aforementioned and in the year of our Lord one thousand six hundred forty and six he the said Charles Stuart hath caused and procured many thousands of the Free People of the Nation to be slain and by Divisions Parties and Infurrections within this Land by Invasions from Forein Parts endeavoured and procured by him and by many other evil ways and means he the said Charles Stuart hath not only maintained and carried on the said War both by Land and Sea during the years before mentioned but also hath renewed or caused to be renewed the said War against the Parliament and good People of this Nation in this present year one thousand six hundred forty and eight in the Counties of Kent Essex Surry Sussex Middlesex and many other places in England and Wales and also by Sea and particularly he the said Charles Stuart hath for that purpose given Commission to his Son the Prince and others whereby besides multitudes of other persons many such as were by the Parliament intrusted and imployed for the safety of the Nation being by him or his Agents corrupted to the betraying of their Trust and revolting from the Parliament have had entertainment and Commission for the continuing and renewing of War and Hostility against the said Parliament and People as aforesaid By which cruel and unnatural Wars by him the said Charles Stuart levied continued and renewed as aforesaid much innocent blood of the Free People of this Nation hath been spilt many Families have been undone the publick Treasury wasted and exhausted Trade obstructed and miserably decayed vast expence and damage to the Nation incurred and many parts of the Land spoiled some of them even to Desolation And for further prosecution of his said evil Designs he the said Charles Stuart doth still continue his Commissions to the said Prince and other Rebels and Revolters both English and Foreiners and to the Earl of Ormond and to the Irish Rebels and Revolters associated with him from whom further Invasions upon this Land are threatned upon the procurement and on the behalf of the said Charles Stuart All which wicked Designs Wars and evil Practices of him the said Charles Stuart have been and are carried on for the advancing and upholding of the Personal Interest of Will and Power and pretended Prerogative to himself and his Family against the Publick Interest Common Right Liberty Justice and Peace of the People of this Nation by and for whom he was intrusted as aforesaid By all which it appeareth that he the said Charles Stuart hath been and is the Occasioner Author and Contriver of the said unnatural cruel and bloody Wars and therein guilty of all the Treasons Murders Rapines Burnings Spoils Desolations Damage and Mischief to this Nation acted or committed in the said Wars or occasioned thereby And the said John Cook by Protestation saving on the behalf of the People of England the liberty of exhibiting at any time hereafter any other Charge against the said Charles Stuart and also of replying to the Answers which the said Charles Stuart shall make to the Premisses or any of them or any other Charge that shall be so exhibited doth for the said Treasons and Crimes on the behalf of the said People of England impeach the said Charles Stuart as a Tyrant Traitor Murtherer and a publick and implacable Enemy to the Commonwealth of England and pray that the said Charles Stuart King of England may be put to answer all and every the Premisses that such Proceedings Examinations Tryals Sentence and Judgment may be thereupon had as shall be agreeable to Justice His Majesty with His wonted Patience heard all these Slanders and Reproaches sitting in the Chair and looking sometimes on the pretended Court sometimes up to the Galleries and rising again turned about to behold the Guards and Spectators then he sate down with a Majestick and unmoved countenance and sometimes smiling especially at those words Tyrant Traitor and the like Also the silver head of His Staff happened to fall off at which He wondred and seeing none to take it up He stooped for it Himself The Charge being read Bradshaw began Sir you have now heard your Charge read containing such matters as appear in it you find that in the close of it it is prayed to the Court in the behalf of the Commons of England that you answer to your Charge The Court expects your Answer KING I would know by what Power I am called hither I was not long ago in the Isle of Wight how I came there is a longer story than I think is fit at this time for Me to speak of but there I entred into a Treaty with both Houses of Parliament with as much publick Faith as it 's possible to be had of any People in the World I treated there with a number of Honourable Lords and Gentlemen and treated honestly and uprightly I cannot say but they did very nobly with Me we were upon a conclusion of the Treaty Now I would know by what Authority I mean lawful there are many unlawful Authorities in the world Thieves and Robbers by the high-ways but I would know by what Authority I was brought from thence and carried from place to place and I know not what And when I know by what lawful Authority I shall answer Remember I am your King your lawful King and what sins you bring upon your heads and the Judgment of God upon this Land Think well upon it I say think well upon it before you go further from one sin to a greater Therefore let Me know by what lawful Authority I am seated here and I shall not be unwilling to answer In the mean time I shall not betray My Trust I have a Trust committed to Me by God by old and lawful Descent I will not betray it to answer to a new unlawful Authority Therefore resolve Me that and you shall hear more of Me. Bradshaw If you had been pleased to have observed what was hinted to you by the Court at your first coming hither you would have known by what Authority which Authority requires you in the name of the People of England of which you are elected King to answer KING No Sir I deny that Bradshaw If you acknowledge not the Authority of the Court they must proceed KING I do tell them so England was never an Elective Kingdom but an Hereditary Kingdom for near these thousand years therefore let Me know by what Authority I am called
had broke any Priviledge or that the casual breaking of Priviledge could have produced such prodigious Distempers But We were no sooner advertised where Our mistaking was but without recrimination or complaining of the Injuries against Our Self We sent to both Houses on the twelfth and fourteenth of January by Message That in Our proceeding against those Persons We had not the least Intention of violating their Priviledges which We would be willing to assert by any reasonable way We should be advised That We would wave Our former proceedings againsts them and when the minds of Men should be composed would proceed in an unquestionable way in the mean time desired all jealousies might be laid aside and application be made to the publick and pressing Affairs especially to those of Ireland which cried for the utmost of Our Assistance But it concerned those Persons by no means to suffer such a Composition if these Fears and Jealousies were not kept up and inflamed in the People and the Distractions heightned they knew they should not only be disappointed of the Places Offices Honours and Employments they had promised themselves but be exposed to the Justice of the Law and just Hatred of all good Men. Therefore the business of both Kingdoms was not considerable to the Interests of the Six Members who would be thought the Pillars both of Church and State They had now found a danger nearer hand than Ireland and an Army raised by Us in one night at Kingston upon Thames and upon some extravagant Information pretended to be given to a Committee though some of their pretended Witnesses publickly in the House disavowed any such Testimony they procured an Order to be framed and though before the publishing of it they had full and clear evidence to the contrary by Persons come immediately from the place and testifying it to be most quiet and peaceable they yet had power to procure that Order to be published on the thirteenth of January the next day after they had received so gracious a Message from Us declaring that the Lord Digby and Colonel Lunsford the former of which was in the Town only with a Coach and six Horses the other only attended by his Servant and hath been since earnestly pressed by the Serjeant of the House of Commons in whose custody he was to accuse the Lord Digby with promises that thereby himself should be discharged had gathered Troops of Horse and appeared in a warlike manner at Kingston upon Thames being within a Mile of Our Court to the terror and affrightment of Our good Subjects and to the disturbance of the publick weal of the Kingdom and therefore it was ordered That the Sheriff and Justices of the Peace should with the Assistance of the Train-Bands suppress such Assemblies c. And this way they found out to draw that County to affront Us and sent multitudes of mean people under pretence of petitioning Us to shew Us how unsecure Our Residence was like to be there too and so in a short time compelled Us Our Royal Consort and Our Children to remove to Our Castle at Windsor They proceed then by a Close Committee a thing scarce heard of till this Parliament and of dangerous consequence to the fame and reputation of all Men to examine such mean unknown persons as they had by Threats and Promises solicited to that purpose concerning the circumstances of Our coming to the House exhibiting bold and malicious Interrogatories and Questions concerning Our Self and upon such wild Informations of desperate persons contrary to the known truth and concealing other Examinations which they had taken and by which the contrary to what they would have the People believe would have appeared particularly that very full Examination of Captain Ashley wherein Our publick and peremptory Commands against all manner of Violence though provoked are sufficiently manifested they procured an infamous Declaration to be published by the House of Commons for the House of Peers could not be yet prevailed with to joyn in those Extravagancies on the seventeenth of January mentioning Our coming to the House and some rude expressions of some persons who if there were any such persons there We are most confident they were not of Our Train and would infer from some Mens calling for the Word at Our coming out of the House which is a form used in Our Court that those of Our Train who are before may know when and whither they are to go that We had a purpose to have fallen upon the House of Commons and to have cut all their Throats and do therefore declare That Our coming to the House was a traitorous Design against the King and Parliament That Our Proclamation issued out of the Apprehension of them was false scandalous and illegal That it was lawful for all Men to harbour them and that whosever did so should be under the Protection and Priviledge of Parliament with many other expressions of and aspersions upon Us which they hoped would render Us odious to Our good Subjects and force Us for Our safety to submit to such unreasonable Propositions which amongst themselves they had provided to be offered to Us or provoke Us to such Actions as might give them some advantage To keep the People in a continual Alarm and apprehension of Danger few days passed without some pretended Discovery by Sir Walter Earl or other quick-sighted Men of some Treason or Plot against the Parliament the City or the Kingdom and upon every light and impossible Information many of Our Subjects sent for out of several Counties who after chargeable attendance were dismissed without any reparation or reprehension One day the Tower of London is in danger to be taken and Information given That great Multitudes at least a hundred had that day resorted to visit a Priest then a Prisoner there by Order of the Lords and that at the time of the Information above fifty or threescore were then there and a Warder dispatched of purpose to give that notice upon enquiry but four Persons were then found to be there and but eight all that day who had visited that Priest Another day a Tailour in a Ditch in the open fields over-hears two Passengers to plot the death of Mr. Pym and of many other Members of both Houses then Libellous Letters found in the Streets without names probably contrived by themselves and by their Power published printed and entred in their Journals and Intimations given of the Papists training under ground and of notable provision of Ammunition in Houses where upon examination a single Sword and a Bow and Arrows are found a design of the Inhabitants of Covent-Garden to murther the City of London news from France Italy Spain and Denmark of Arms ready to come for England with infinite such ridiculous Discourses which are not only suffered and directed to be Printed but such countenance and credit given to them that thereupon Guards must be doubled Correspondencies and Letters interrupted and broken open even
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
Members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit Persons may be appointed by His Majesty and the Parliament who may repair to the several Armies and see the disbanding put in speedy execution accordingly That his Majesty do likewise remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Him since these Troubles and that the Fortifications be likewise slighted and the Towns and forts left in such state and condition as they were in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles be committed to the charge of such Persons to be nominated by His Majesty as the Parliament shall confide in and under such Instructions as are formerly mentioned That if His Majesty shall be pleased to assent to these Propositions concerning the Towns Forts Castles Magazines and Ships that then His Majesty be humbly intreated to name Persons of Quality to receive the charge of the several Offices and Forts Castles and Towns to be forthwith certified to the two Houses of Parliament that thereupon they may express their confidence in those persons or humbly beseech His Majesty to name others none of which Persons shall be removed during three years next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in That all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-ports all Commanders of any Ships and Commanders of any Town Castle or Fort shall take an Oath to observe these Articles afore-mentioned and to use their uttermost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Forein Force and all other Forces raised without His Majesties Authority and Consent of the two Houses of Parliament You shall move His Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and Advertisements betwixt the two Houses of Parliament and the Committee there may be a free pass of Messengers to and from the Parliament and the Committee without search or interruption and His Majesty's safe Conduct to be obtained to that effect to such Persons as are or shall be appointed for that service viz. for Master John Rushworth Master Mithael Welden Master John Corbet of Graies Inn and Master James Standish H. Elsinge Cler. Parl. D. Com. The KING's Message concerning the Cessation 23 Martii 1642. CHARLES R. HIS Majesty hath immediately upon their arrival admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to His Royal Presence and received the Articles of Cessation brought by them which are in effect the same His Majesty formerly excepted to though their expression in the Preface to these Articles of their readiness to agree to those Alterations and Additions offered by His Majesty in such manner as is expressed made Him expect to have found at least some of the real Alterations and Additions made by Him admitted which He doth not discover I. His Majesty desired that Provision might be made and Licence given to His good Subjects for their freedom of Trade Traffick and Commerce though in matters which concerned Himself more immediately as in Arms Ammunition Mony Bullion and Victual for the use of His Army and the Passage of all Officers and Souldiers of His Army He was contented the restraint should be in such manner as was proposed of which His Majesty is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of His Majesties Forces To this Freedom and Liberty of His good Subjects there is not the least admission given by these Articles so that they have not any ease or benefit by this Cessation which His Majesty desires both Houses to consider of and whether if His Majesty should take the same course to stop and interrupt the Trade of the Kingdom as the other Army doth a general Loss and Calamity would not seize upon His good Subjects II. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of His Majesties Dominions should be employed only to that end and purpose desired that they might be put under the Command of Persons to be approved of by His Majesty which is not consented to by these Articles but their former to which His Majesty excepted strictly and entirely insisted on by which besides that part of Hostility remains the conveying of any number of Forces from any part to any other by that means remains free to them III. For the prevention of any Inconveniences which might arise upon real Differences or Mistakes upon the latitude of Expressions as if His Majesty should now consent to these Articles proposed in the Terms proposed He must confess the Army of which He complains to be raised by the Parliament and either Himself to be no part of the Parliament or Himself to have raised that Army and for prevention of that Delay which He foresaw could not otherwise be avoided if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the main Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to His Majesty they have no Power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by Us they cannot enter into any Treaty concerning the other Propositions IV. His Majesty desired that during the Cessation none of His good Subjects might be imprisoned otherwise than according to the known Laws of the Land This is in no degree consented to but the priviledge and liberty to which they were born reserved from them till the disbanding of both Armies though they are no part of either Army and so have no benefit by this Cessation V. His Majesty desired that during this Cessation there should be no Plundering or Violence offered to any of His Subjects In the Answer to which His desire against Violence is not at all taken notice of nor is His desire against Plundering any ways satisfied His Majesty not only intending by it the robbing of the Subject by the unruliness of the uncommanded Souldier which their Clause of requiring the Generals and
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
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
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 Your 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 both Houses of Parliament into their care and custody since the beginning of these Troubles shall be reduced to such proportioon 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 Your Majesty as the two Houses of Parliament 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 Your Majesty and the Safety of the Kingdom and that they shall not admit into any of them any forein Forces or any other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament and they shall use their utmost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seize all Arms and Ammunition provided for any such Forces They likewise humbly propose to Your Majesty that you would remove the Garrisons out of Newcastle and all other Towns Castles and Forts where any Garrisons have been placed by Your Majesty since these Troubles and that the Fortifications be likewise slighted and the Towns and Forts left in such state and condition as they were in in the year 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these Troubles may be committed to the charge of such persons to be nominated by Your Majesty as both Houses of Parliament shall confide in and under such Instructions as are formerly mentioned And that those new Garrisons shall not be renewed nor their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland Will. Pierrepont John Holland Will. Armyne B. Whitelocke March 28. 1643. HIS Majesty is content that all the Garrisons in any Towns and Forts in the hands of any persons imployed by the two Houses of Parliament wherein there were no Garrisons before these Troubles be removed and all Fortifications made since that time may be slighted and those Towns and Forts shall for the future continue in the same condition they were in before For the Cinque-ports they are already in the Custody of a Noble person against whom His Majesty knows no just Exceptions and who hath such a Legal Interest therein that His Majesty cannot with justice remove Him from it untill some sufficient Cause be made appear to Him but is willing if He shall at any time be found guilty of any thing that may make him unworthy of that Trust that he may be proceeded against according to the rules of Justice The Town of Portsmouth and all other Forts Castles and Towns as were formerly kept by Garrisons shall be reduced to their ancient proportion and the government of them put into the hands of such persons against whom no just Exceptions can be made all of them being before these Troubles by Letters Patents granted to several persons against any of whom His Majesty knows not any Exceptions and who shall be removed if just cause shall be given for the same The Warden of the Cinque-ports and all Governors and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts as by the Law they ought to do for His Majesty's Service and the Safety of the Kingdom and they shall not admit into any of them Forein Forces or other Forces raised or brought in contrary to the Law but shall use their utmost endeavour to suppress all such Forces and shall seize all Arms and Ammunition which by the Laws and Statutes of the Kingdom they ought to seize The Garrisons of Newcastle and all other Towns Castles and Forts in which Garrisons have been placed by His Majesty since these Troubles shall be removed and all the Fortifications shall be slighted and the Towns and Forts left in such state and condition as they were in the year 1636. All other Towns Forts and Castles where there have been formerly Garrisons before these Troubles shall be committed to the charge of such persons and under such cautions and limitations as His Majesty hath before exprest And no new Garrisons shall be renewed nor their Fortifications repaired otherwise than as by the Laws and Statutes of the Kingdom they may or ought to be Falkland March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports and Governors of Your Majesty's Towns Castles and Forts we humbly desire to know if Your Majesty's Reply doth intend that both Houses of Parliament may express their Confidence of the persons to whose trust those places are to be committed for that we are directed by our Instructions that if Your Majesty be pleased to assent thereunto that You would nominate persons of Quality to receive the charge of them that we may forthwith certifie both Houses of Parliament that thereupon they may express their Confidence in those persons or humbly beseech Your Majesty to name others none of which persons to be removed during three years next ensuing without just cause to be approved by both Houses of Parliament and if any be so removed or shall dye within the said space the persons to be put in the same Offices shall be such as both Houses shall confide in We humbly desire to know if Your Majesty intends the Garrison of Portsmouth to be of such a proportion as it was about the year 1641. about which time a new supply was added to the former Garrison to strengthen it which both Houses of Parliament think necessary to continue We humbly desire Your Majesty would be pleased to give a more full Answer to this Clause that they should not admit into them any forein or other Forces Raised without Your Majesty's Authority and Consent of the two Houses of Parliament and that they shall use their utmost endeavours to suppress all Forces whatsoever Raised without such Authority and Consent and that those Garrisons should not be renewed or their Fortifications repaired without Consent of Your Majesty and both Houses of Parliament Northumberland J. Holland Will. Armyne B. Whitelocke Will. Pierrepont April 5. 1643. HIS Majesty doth not intend that both Houses of Parliament shall express their Confidence of the persons to whose trust the Cinque-ports or other His Majesty's Towns Castles and Forts now are or shall be committed but only that they shall have liberty upon any just Exceptions to proceed
undoubted Rights doth oblige Him to insist And when His Majesty shall think fit to make an Admiral as near as He can He shall be such an one against whom no just Exception can be made and if any shall be offered He will readily leave him to the tryal of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. WE are humbly to desire Your Majesty that all Generals and Commanders in any of the Armies on either side as likewise the Lord Admiral of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Town Castle or Fort may take an Oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true Reformed Protestant Religion and the Peace of the Kingdom against all Foreign Forces and all other Forces raised without Your Majesty's Authority and Consent of the two Houses of Parliament Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIS Majesty conceives the Oaths which all those Officers are already by Law obliged to take to be very fully sufficient But if any thing shall be made appear unto Him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament His Majesty will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to inform Your Majesty that both Houses of Parliament conceive the ordinary Oaths of the Officers mentioned in Your Answer concerning the same are not sufficient to secure them against the extraordinary causes of Jealousie which have been given them in these troublesome times and that Your Majesty's Answer lays some tax upon the Parliament as if defective and thereby uncapable of making such a provisional Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to Your Majesty concerning this matter Northumberland John Holland W. Armyne W. Pierrepont B. Whitelocke April 14. 1643. HIS Majesty did not refuse by His former Answer to consent to any such Oath as shall be thought necessary though He did and doth still conceive the Oaths already settled by Law to be sufficient neither did He ever suppose the Parliament incapable of making a provisional Law for such an Oath but as He would be willing to apply any proper remedy to the extraordinary causes of Jealousies if He could see that there were such causes so He will be always most exact in observing the Articles agreed on in preserving the true Reformed Protestant Religion and the Peace of the Kingdom against Foreign Forces and other Forces raised or imployed against Law And when both Houses shall prepare and present such an Oath as they shall make appear to His Majesty to be necessary to those ends His Majesty will readily consent to it Falkland The Papers concerning the Disbanding of the Armies March 28. 1643. His MAJESTY's Answer to the first Proposition of both His Houses of Parliament HIS Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both Houses will contribute as much to it as His Majesty shall do will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both Houses to treat may be enlarged And as His Majesty desires nothing more than to be with His two Houses so He will repair thither as soon as He can possibly do it with His Honour and Safety Falkland March 29. 1643. WE are directed by our Instructions humbly to desire Your Majesty's speedy and positive Answer concerning the Disbanding of the Armies to which if Your Majesty be pleased to assent we are then to beseech Your 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 Dominion of Wales and in Cornwall and Devonshire 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 may be appointed for the Disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the Disbanding and that fit persons may be appointed by Your Majesty and both Houses of Parliament who may repair to the several Armies and the see Disbanding put in speedy execution accordingly Northumberland W. Pierrepont J. Holland W. Armyne B. Whitelocke March 29. 1643. COncerning Your Majesty's Answer to the Proposition of both Houses for Disbanding of the Armies We humbly desire to know if by the words By a happy and speedy Conclusion of the present Trevty Your Majesty do intend a Conclusion of the Treaty on Your Majesty's first Proposition and their Proposition for Disbanding the Armies or a Conclusion of the Treaty in all the Propositions of both parts We have given speedy notice to both Houses of Parliament of Your Majesty's desires that the time given to the Committee of both Houses to treat may be enlarged To the last Clause we have no Instructions Northumberland Will. Pierrepont Will. Armyne Joh. Holland B. Whitelocke April 5. 1643. HIS Majesty intended by the words By a happy and speedy Conclusion of the Treaty such a Conclusion of or in the Treaty as there might be a clear evidence to Himself and His good Subjects of a future Peace and no ground left for the continuance or growth of these bloody Dissentions which He doubts not may be obtained if both Houses shall consent that the Treaty may proceed without further interruption or limitation of days Falkland April 5. 1643. WHEN the time for Disbanding the Armies shall be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of Disbanding and that fit persons may be appointed by His Majesty and both Houses of Parliament who may repair to the several Armies and see the Disbanding speedily put in execution accordingly Falkland April 6. 1643. WE humbly desire to know if by the words By a happy and speedy conclusion of the present Treaty Your Majesty intends a Conclusion of the present Treaty on Your Majesty's first Proposition and the Proposition of both Houses for Disbanding of the Armies or a Conclusion of the Treaty on all the Propositions of both parts And what Your Majesty intends to be a clear evidence to Your Self and Your good
Reason insisted on by His Majesty That it is His Right by Law to which they should have added and contrary to Law forced from Him and not being able to deny that and yet being willing to deny something they quarrel at the Phrase and deny that this Power of disposing these Commands is by Law absolutely vested in His Majesty and that because He is trusted with them for the Defence and Safety of the Kingdom His Majesty still justifies what He said Himself and yet confesses all that they say too but only denies the Consequence for no Man is absolutely vested in any thing if being trusted with it to some end hinder him from being so The House of Commons is trusted with a Preparatory the House of Lords is trusted with a Judicatory the King Lords and Commons are trusted with a Legislative Power and all these have those Trusts vested in them for the publick Good and are not yet all these Trusts absolute that is subject to the Control of no other Power Is no Man absolutely vested in his Goods because all we have we are trusted with for the Glory of God His Majesty meant only that this was so absolutely vested in Him by Law as nothing but a new Law could without Breach of Law take or hold it from Him But the Declaration is content to admit that too only denies it to be a Reason why His Majesty should deny to alter that Law when by Circumstance of Time and Affairs that Power becomes destructive to the Commonwealth and Safety of the People the Preservation whereof is the chief End of the Law And His Majesty is equally ready to confess that it is no Reason but doth absolutely deny that this is the Case insisting that the circumstances of Time and Affairs hare made this Power more necessary than ever to remain in His Majesty for the protection and safety of His People and He claims Himself to be as absolutely trusted by Law with the final Judgment whether it be the Case or no and with a Power of rejecting any such Alteration upon any such Pretence if it appear but a Pretence to Him as either House is trusted to propose any such Alteration to the other or both to Him if it appear to them necessary and convenient But says this Declaration the two Houses of Parliament being the Representative Body of the Kingdom are the most competent Judges thereof And says his Majesty the Representative Body of the Kingdom is indeed and that is the King Lords and Commons else either the Head is no part of the Body or at least will be no longer than the Body please Indeed the two Houses in some sense represent the Kingdom in any Action which the Law which is the Rule of the Kingdom hath intrusted and enabled them to do but either one House or His Majesty do equally represent it in any thing which the same Law hath entrusted and enabled Him or them to do And for those Actions in which the Law requires the Consent of all three every one is to be allowed their own several distinct Judgment for themselves only and any one without the other two have as much Right as any two without the third to represent the Kingdom and to be competent Judges of the Case And His Majesty cannot be take notice how much Reason He had not to yield to this Demand since the grant of this Demand would be received as an Admission of this Case and it would Logically enough follow That if His People cannot be safe and He retain this Power He doth not deserve to retain any And if their Demands were granted and the Armies upon their Demands disbanded this Consequence in all Probability would soon be both perceived and prest But His Majesty may without Prejudice admit both Houses to be the most competent Judges in this particular and then put them in mind that before so many things had been done by the violent Party to turn the Tide of Fears and Jealousies before they had involved the King and Subject in a common Suffering and equally destroyed all the Property of the one and Prerogatives of the other by Orders and Ordinances and so there then appeared less necessity that this Power should remain in the Crown either for the preservation of it Self or of the People and little danger appeared to the People if this Power were thus shared the House of Lords did then twice deliver their Judgment That this Power in His Majesty was not become destructive to the Common-wealth and Safety of His People nor the Alteration of this Law necessary by twice denying to joyn with the Commons in their desire That part for the Ships and the Time were not then named of this Power might be shared and of this Law altered by which denial the Commons were forced to Petition for it by themselves Nor did they only deny it but both times in full Houses after long and free debates it was carried upon the Question above Twenty Voices and that at a time when all the Papist Lords had left the Town and hardly any Bishops were left uncommitted Twelve being at once clapt up upon an Accusation of Treason which they themselves have since been ashamed of enough to wave who were then the Persons usually represented to the People to be the evil Councellors of the Lords House and to whose prevalence it was imputed in the first Remonstrance of the House of Commons that their good and necessary Motions did not pass in that House And as they denyed it twice so they would have denyed it till now if the Petition of many thousand poor People about London who certainly did not then believe the Lords to be competent Judges and the Demand of the House of Commons joyned to it to be told the Names of those Lords who denyed it and the direct Threats of so many Petitioners to which the former Tumults gave sufficient credit that they would be really executed upon them had not made many of the Lords to be of his Mind who would not dispute with him who commanded thirty Legions and give way to the potent Minor part to appear the Major by absenting themselves and suffering them to pass what they pleased So that neither the Votes which then past to desire these particulars nor the Execution of these Votes and seizing these particulars with a Violence yet greater than obtained the Votes nor the multitude of Consequences of the same kind built upon that Foundation can at all be said to have had the Authority of both Houses though most of those Actions have been such as the Authority even of both Houses how full and free soever would not be sufficient to justifie And this Opinion of the necessity of altering the Law in these points was even then at most but the Opinion of the House of Commons awed by a few Members assisted by the Common People and together with them awing the Lords They next pretend
take in those of another Kingdom to their Resolutions who are not bound by our Laws But what violation soever they make of the Laws they are forward to put the King in mind of His Duty and therefore tell Him That He is sworn to maintain the Laws as they are sworn to their Allegiance to Him these Obligations being reciprocal It is true in some sense that the Oath of the King and Subjects is reciprocal that is each is bound to perform what they swear the King as well as the Subjects but he that will well weigh their Letter and make one part have connexion with the other and examine that part of their Covenant whereby they swear they will defend the Kings Person and Authority no further or otherwise than in preservation of their Religion and Liberties may easily find another construction viz. That the Subjects Allegiance is no longer due than the King performs His Duty nay no longer than He in their opinion observes His Duty whereof they themselves must be Judges and if He fail in His Duty they may take up Arms against Him A Principle which as it is utterly destructive to all Government so we believe they themselves dare not plainly avow it lest as they now make use of it against the King so the People finding their failure of Duty and breach of Trust should hereafter practise it by taking up Arms against them and so shake of that yoak of Tyranny imposed by their fellow Subjects which lies so heavy upon them It were well as they still press upon the King maintenance of the Laws they would also know that their Obligation to observe the same is reciprocal and while they here resolve to defend and preserve the full Power of this Parliament which in their sense can be no other than the Power they have exercised this Parliament they would take notice that they are therein so far from observation of the Laws that they desperately resolve an utter subversion of them For what can more tend to the destruction of the Laws than to usurp a Power to themselves without the King and against His will to raise Arms to attribute to their Orders or pretended Ordinances the power of Laws and Statutes to inforce Contributions Loans and Taxes of all sorts from the Subject to imprison without cause shewed and then prohibit Writs of Habeas Corpus for their enlargement to lay Excises upon all Commodities to command and dispose of the Lives and Estates of the free-born Subjects of this Kingdom at their pleasure to impose Tonnage and Poundage contrary to the Law declared in the late Act for Tonnage and Poundage and all this done and justified as by a legal civil Power founded and inherent in them All which are manifest breaches of the Petition of Right and Magna Charta the great Evidence of the Liberties of England which Charter by express words binds them and us though assembled in Parliament as well as the King And though it be not now as heretofore it hath been taken by solemn Oath on the Peoples part as well as on the Kings nor a Curse as heretofore pronounced on the Violators yet they having taken a Protestation to maintain the Laws and the Liberties and Properties of the Subject and inclusively that Charter let them take heed whilst they make use of this their pretended Power to the destruction of the Law lest a Curse fall upon them and upon their Posterity God knoweth and it is too certain a truth that our selves and many other good Subjects in this Kindom even under the Power of the Kings Army have suffered exceedingly in Liberty and Estates during this present Rebellion by many heavy Charges the sad consideration whereof makes our hearts bleed because we can see no way for relief so long as this unnatural Rebellion continues But as these things were first practised by them and thereby necessitated upon the Kings Army so it was never yet pretended that they were done by virtue of a Law but either by Consent or by the unhappy and unavoidable exigences of War and to expire with the present Rebellion which God in mercy hasten For our parts we have the inward comfort of our own Consciences witnessing with us that we have improved all opportunities and advantages for the restoring of this Kingdom to its former Peace and we must witness for His Majesty His most hearty desires thereof And though both His Majesty and our endeavours therein have been made frustrate yet God in his great goodness hath raised up our spirits not to desert our Religion our King our Laws our Lives the Liberties of us English free-born Subjects and by God's assistance and His Majesty's concurrence we do resolve to unite our selves as one Man and cheerfully adventure our Lives and Estates for the maintenance and defence of the true Reformed Protestant Religion of the Church of England of which we profess our selves to be for the defence of the Kings Person and Rights of His Crown for the regaining and maintaining the Rights and Privileges of Parliament and the Liberty of the Subjects Person and Property of his Estate according to the known Laws of the Land to repel those of the Stotish Nation that have in a warlike manner entred this Realm and to reduce the Subjects thereof now in Rebellion to the Kings Obedience And we doubt not but the same God will enlighten the eyes of the poor deceived People of this Land like true-hearted honest English-Men to joyn unanimously with us in so just and pious a work And the God of Heaven prosper us according to the goodness of the Cause we have in hand The Names of the Lords and Commons of Parliament assembled at Oxford who did subscribe the Letter to the Earl of Essex dated January 27. 1643. CHARLES P. YORK CUMBERLAND Ed. Littleton C. S. Fra. Cottington D. Richmond M. Hartford E. Lindsey E. Dorset E. Shrewsbury E. Bath E. Southampton E. Leicester E. Northampton E. Devonshire E. Carlisle E. Bristol E. Berkshire E. Cleveland E. Rivers E. Dover E. Peterburgh E. Kingston E. Newport E. Portland V. Conway L. Digby L. Mowbray and Maltravers L. Wentworth L. Cromwell L. Rich. L. Paget L. Chandois L. Howard of Charleton L. Lovelace L. Savile L. Mohun L. Dunsmore L. Seymour L. Percy L. Wilmott L. Leigh L. Hatton L. Jermyn L. Carrington JOhn Fettiplace Esq Sir Alex. Denton Sir John Packington Sir Tho. Smith F. Gamul Esq Jo. Harris Esq Joseph Jane Esq Rich. Edgcombe Esq Jonathan Rashleigh Esq G. Fane Esq P. Edgcombe Esq Will. Glanvill Esq Sir Ro. Holborne Sir Ra. Sydenham Fra. Godolphin Esq Geo. Parry D. of Law Amb. Manaton Esq Ri. Vivian Esq Jo. Polewheele Esq John Arundell Esq Tho. Lower Esq Sir Edw. Hide Will. Allestree Esq Sir Geo. Stonehouse Ed. Seymour Esq Peter Sainthill Esq Sir Will. Poole Roger Matthew Esq Ri. Arundell Esq Ro. Walker Esq Giles Strangwaies Esq Sir John Strangwaies Sir Tho. Hele. Sir Ger. Naper Sam. Turner
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
any time or times within the space of two years now last past held or enjoyed or of right ought to have held or enjoyed the same In trust and confidence nevertheless and to the intent and purpose that they the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire and the Survivors and Survivor of them his and their Heirs and Assigns shall satisfie and pay unto all and every Arch-bishop Bishop Dean Sub-dean Arch-deacon Chaunter Chancellor Treasurer Sub-treasurer Succentor Sacrist Prebendary Canon Canon-Residentiary Petty-Canon Vicars Choral Choristers old Vicars and new Vicars and other Officers and persons belonging unto or now imployed in or about the said Cathedral or Collegiate Churches such yearly Stipends and Pensions for so long time and in such manner as by the Lords and Commons in Parliament assembled shall be ordered directed and appointed and shall dispose of all and singular the aforesaid Mannors Lands Tithes Appropriations Advowsons Tenements Hereditaments and other the Premisses and of every part and parcel thereof and of the Revenues Rents Issues and Profits thereof to the uses intents and purposes above and hereafter expressed that is to say for a competent maintenance for the support of such a number of Preaching Ministers for the service of every Cathedral and Collegiate Church and His Majesties free Chappel of Windsor as by the Lords and Commons shall be ordered and appointed and likewise for the maintenance of Preaching Ministers throughout the Kingdom of England Dominion of VVales and Town of Barwick in such places where such maintenance is wanting and for a proportionable allowance for and towards the reparation of the said Cathedral and Collegiate Churches in such manner and form and to such persons and for such other good uses to the advancement of true Religion and the maintenance of Piety and Learning as by this or any other Act or Acts of Parliament now or hereafter to be made shall be set down or declared And be it further Enacted by the Authority aforesaid That all Leases Gifts Grants Conveyances Assurances and Estates whatsoever hereafter to be made by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Mabourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns of any the Mannors Lands Tenements or Hereditaments which in or by this Act shall come or be limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire other than for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term whereof any former Lease is in being and not to be expired surrendred or ended within Three years after the making of such Lease shall be utterly void and of none effect to all intents constructions and purposes any thing in this Act to the contrary in any wise notwithstanding Provided nevertheless where no Lease hath been heretofore made nor any such Rent hath been reserved or payable of any the Lands Tenements or Hereditaments in this Act limited or disposed of unto the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire that in such case it shall be lawful for the said Sir William Roberts Knight Thomas Atkins Sir John Wollaston John Warner John Towes Aldermen of the City of London John Packer Esquire Peter Malbourne Esquire the Survivors and Survivor of them or the greater part of them his and their Heirs to make any Lease or Estate for the Term of One and Twenty years or Three Lives or some other Term of years determinable upon One Two or Three Lives and not above taking such Fine as they in their Judgments shall conceive indifferent and reserving a reasonable Rent not being under the Third part of the clear yearly value of the Lands Tenements or Hereditaments contained in such Lease And it is further Declared to be the true intent and meaning of this Act That all and every the Lessees Farmers and Tenants of all and every the said Persons and Corporations whose Offices or Places are taken away by this Statute now having holding or enjoying any Estate Term or Interest in possession by himself his under-Tenants or Assigns of or in any Mannors Lands Tenements Appropriations or other Hereditaments whatsoever shall and may be preferred in the taking and renewing of any Estates Leases or Grants of any such Mannors Lands Tenements or Hereditaments before any other Person the said Lessees Farmers or Tenants or other Parties interessed as aforesaid desiring the same and giving such Fines Rents and other considerations for the same as by the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer Peter Malbourne Esquires or the Survivors or Survivor of them or the major part of them his or their Heirs or Assigns shall be thought and held just and reasonable Provided also and be it enacted by the Authority aforesaid That all and singular Revenues Rents Issues Fees Profits Sums of Money and Allowances whatsoever as have heretofore been and now ought to be paid disposed or allowed unto or for the maintenance of any Grammar-School or Scholars or for or towards the Reparation of any Church Chappel High-way Causey Bridge School-house Alms-house or other charitable use payable by any the Corporations or Persons whose Offices or Places are taken away by this Act or which are chargeable upon or ought to issue out of or be paid for or in respect of the said Premisses or any of them shall be and continue to be paid disposed and allowed as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding And to the intent and purpose the Parliament may be certainly and clearly informed of the Premisses to the end the same may be distributed applied and imployed to and for such pious and godly uses and purposes as is intended and herein declared Be it Ordained and Enacted That the Lord Keeper of the Great Seal of England for the time being shall by virtue of this Act have full Power and Authority and is hereby required to award and issue forth several Commissions under the Great Seal of England into all and every the Counties and Cities within the Kingdom of England and Dominion of VVales to be directed unto such and so many persons as by the
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
That when his Majesty desires a Personal Treaty with them for the settling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be first granted a thing which will be hardly credible to Posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shall not afford him a Personal Treaty shall make him change his Resolution of not consenting to any Act till the whole Peace be concluded Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other Concessions mentioned in his Message of the 16. of Novemb. last which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presseth for a Personal Treaty so passionately is he affected with the advantages which Peace will bring to his Majesty and all his Subjects of which he will not at all despair there being no other visible way to obtain a well-grounded Peace However his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to incline the hearts of his two Houses to consider their King and to compassionate their fellow-Subjects miseries Given at Carisbrook-Castle in the Isle of Wight Decemb. 28. 1647. A Declaration of the Lords and Commons assembled in Parliament with the Resolutions of both Houses concerning the King Together with an Order for Imprisoning the Persons and Sequestring the Estates of any that shall act contrary to this Declaration and Resolutions Die Sabbathi 15. Januarii 1647. THE Lords and Commons assembled in Parliament after many Addresses to his Majesty for the preventing and ending this Unnatural War raised by him against his Parliament and Kingdom having lately sent Four Bills to his Majesty which did contain only matter of Safety and Security to the Parliament and Kingdom referring the composure of all other Differences to a Personal Treaty with his Majesty and having received an absolute Negative do hold themselves obliged to use their uttermost Endeavours speedily to settle the present Government in such a way as may bring the greatest Security to this Kingdom in the enjoyment of the Laws and Liberties thereof and in order thereunto and that the Houses may receive no Delays nor Interruptions in so great and necessary a Work they have taken these Resolutions and passed these Votes following viz. Resolved upon the Question THat the Lords and Commons do Declare That they will make no further Addresses or Applications to the King Resolved upon the Question by the Lords and Commons assembled in Parliament That no Application or Address be made to the King by any person whatsoever without the leave of both Houses Resolved upon the Question 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 Resolved upon the Question 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 Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. Die Lunae 17. Januarii 1647. Ordered by the Lords and Commons assembled in Parliament That this Declaration and these Resolutions be forthwith printed and published and that the several Knights of the Shires and Burgesses that serve for the several Towns and places do send Copies of the same to the several Counties and places It is further Ordered That whatsoever person shall act contrary to this Declaration and Resolutions of Parliament or shall incite or encourage others so to do shall upon due proof thereof be Imprisoned and his Estate Sequestred and the Offenders in the premisses after publication hereof shall be within the several Ordinances of Sequestration And all Committees and Commissioners of Sequestrations are hereby authorized and required to take notice hereof and to proceed to Sequestration accordingly Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. His MAJESTIES Declaration in Answer to the Votes of No further Address Carisbrook-Castle 18. Jan. 1647. To all My People of whatsoever Nation Quality or Condition AM I thus laid aside and must I not speak for my self No I will speak and that to all my People which I would have rather done by the way of my two Houses of Parliament but that there is a publick Order neither to make Addresses to or receive Message from me And who but you can be judge of the Differences betwixt me and my two Houses I know none else for I am sure you it is who will enjoy the happiness or feel the misery of good or ill Government and we all pretend who shall run fastest to serve you without having a regard at least in the first place to particular Interests And therefore I desire you to consider the state I am and have been in this long time and whether my actions have more tended to the Publick or my own Particular good For whosoever will look upon upon me barely as I am a Man without that Liberty which the meanest of my Subjects enjoys of going whither and conversing with whom I will as a Husband and Father without the comfort of my Wife and Children or lastly as a King without the least shew of Authority or Power to protect my distressed Subjects must conclude me not onely void of all Natural Affection but also to want common Understanding if I should not most chearfully embrace the readiest way to the settlement of these distracted Kingdoms As also on the other side do but consider the Form and draught of the Bills lately presented unto Me and as they are the Conditions of a Treaty ye will conclude that the same spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace hath had a powerful influence on this Message for though I was ready to grant the Substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding my Conscience and Honour and betraying the Trust reposed in me by abandoning my People to the Arbitrary and unlimited power of the two Houses for ever for the levying and maintaining of Land or Sea-Forces without distinction of Quality or limitation for Money-Taxes And if I could have passed them in terms how unheard of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter How ineffectual were that
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or