Me but this Delay I doubt not but I shall give some satisfaction to you all here and to My People after that and therefore I do require you as you will answer it at the dreadful Day of Judgment that you will consider it once again Bradshaw Sir I have received direction from the Court. KING Well Sir Bradshaw If this must be re-inforced or any thing of this nature your Answer must be the same and they will proceed to Sentence if you have nothing more to say KING I have nothing more to say but I shall desire that this may be entred what I have said Bradshaw The Court then Sir hath something to say unto you which although I know it will be very unacceptable yet notwithstanding they are willing and are resolved to discharge their Duty Then Bradshaw went on in a long Harangue endeavouring to justifie their proceedings misapplying Law and History and raking up and wresting whatsoever he thought fit for his purpose alleging the Examples of former Treasons and Rebellions both at home and abroad as authentick proofs and concluding that the King was a Tyrant Traitor Murtherer and publick Enemy to the Commonwealth of England His Majesty having with His wonted Patience heard all these Reproaches answered I would desire only one word before you give Sentence and that is That you would hear Me concerning those great Imputations that you have laid to My charge Bradshaw Sir you must give me now leave to go on for I am not far from your Sentence and your time is now past KING But I shall desire you will hear Me a few words to you for truly whatever Sentence you will put upon Me in respect of those heavy Imputations that I see by your speech you have put upon Me. Sir it is very true that Bradshaw Sir I must put you in mind truly Sir I would not willingly at this time especially interrupt you in any thing you have to say that is proper for us to admit of but Sir you have not owned us as a Court and you look upon as a sort of people met together and we know what Language we receive from your Party KING I know nothing of that Bradshaw You disavow us as a Court and therefore for you to address your self to us not to acknowledge us as a Court to judge of what you say it is not to be permitted And the truth is all along from the first time you were pleased to disavow and disown us the Court needed not to have heard you one word for unless they be acknowledged a Court and engaged it is not proper for you to speak Sir we have given you too much Liberty already and admitted of too much Delay and we may not admit of any further Were it proper for us to do we should hear you freely and we should not have declined to have heard you at large what you could have said or proved on your behalf whether for totally excusing or for in part excusing those great and hainous Charges that in whole or in part are laid upon you But Sir I shall trouble you no longer your Sins are of so large a dimension that if you do but seriously think of them they will drive you to a sad consideration and they may improve in you a sad and serious repentance And that the Court doth heartily wish that you may be so penitent for what you have done amiss that God may have mercy at least-wise upon your better part Truly Sir for the other it is our parts and duties to do that that the Law prescribes We are not here Jus dare but Jus dicere we cannot be unmindful of what the Scripture tells us For to acquit the guilty is of equal abomination as to condemn the innocent we may not acquit the guilty What sentence the Law affirms to a Traitor Tyrant a Murtherer and a publick enemy to the Countrey that Sentence you are now to hear read unto you and that is the Sentence of the Court. Make an O yes and command Silence while the Sentence is read Which done their Clerk Broughton read the Sentence drawn up in Parchment WHereas the Commons of England in Parliament had appointed them an High Court of Justice for the Trial of Charles Stuart King of England before whom he had been three times convented and at the first time a Charge of High Treason and other Crimes and Misdemeanours was read in the behalf of the Kingdom of England Here the Charge was repeated Which Charge being read unto him as aforesaid he the said Charles Stuart was required to give his Answer but he refused so to do Expressing the several passages of His refusing in the former Proceedings For all which Treasons and Crimes this Court doth adjudge That he the said Charles Stuart as a Tyrant Traitor Murtherer and a publick Enemy shall be put to death by the severing of his Head from his Body Which being read Bradshaw added This Sentence now read and published it is the Act Sentence Judgment and Resolution of the whole Court To which they all expressed their Assent by standing up as was before agreed and ordered His Majesty then said Will you hear Me a word Sir Bradshaw Sir you are not to be heard after the Sentence KING No Sir Bradshaw No Sir by your favour Sir Guard withdraw your Prisoner KING I may speak after Sentence by your favour Sir I may speak after Sentence ever By your favour hold The Sentence Sir I say Sir I do I am not suffered to speak expect what Justice other People will have The Persons that sate when Judgment was given upon the Life of their KING were these Serjeant John Bradshaw Lieutenant General Cromwell Commissary General Ireton John Lisle Esquire William Say Esquire Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Thomas Lord Gray of Groby Sir John Danvers Knight Sir Thomas Maleverer Baronet Sir John Bourchier Knight William Heveningham Esquire Isaac Ponnington Alderman Colonel Henry Marten Colonel William Poresoy Colonel John Berksted John Blakeston Esquire Gilbert Millington Sir William Constable Baronet Colonel Edmund Ludlow Colonel John Hutchinson Sir Michael Livesey Baronet Colonel Robert Tichburne Colonel Owen Rowe Colonel Robert Lilburne Colonel Adrian Scroope Colonel Richard Deane Colonel John Okey Colonel John Hewson Colonel William Goffe Cornelius Holland Esquire John Carew Esquire Colonel John Jones Miles Corbet Esquire Francis Allen Esquire Peregrine Pelham Esquire Colonel John More Colonel John Alured Colonel Henry Smith Humphrey Edwards Esquire Gregory Clement Esquire Thomas Wogan Esquire Sir Gregory Norton Baronet Colonel Edmund Harvey Colonel John Venne Thomas Scot. Esquire Thomas Andrewes Alderman William Cawley Esquire Antony Stapely Esquire Colonel John Downes Colonel Thomas Horton Colonel Thomas Hammond Nicholas Love Esquire Vincent Potter Augustine Garland Esquire John Dixwell Esquire Colonel George Fleetwood Simon Mayne Esquire Colonel James Temple Peter Temple Daniel Blagrave Esquire
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
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
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
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
as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subject and the Priviledges of Parliament and upon the whole matter to conclude a happy and blessed Peace XIII From OXFORD Dec. 5. MDC XLV For a safe Conduct for certain Persons of Honour to be sent with Propositions of Peace For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being still deeply sensible of the continuation of this bloody and unnatural War cannot think Himself discharg'd of the duty He ows to God or the affection and regard He hath to the preservation of His People without the constant application of His earnest endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a safe Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffry Palmer Esquires and their attendants with Coaches Horses and other accommodations for their journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at our Court at Oxford 5. December 1645. XIV From OXFORD Dec. 15. MDCXLV In pursuance of the former For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extremely wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising of these Arms hath been only for the necessary defence of God's true Religion His Majesty's Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the persons mentioned in His Majesty's Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace A thing so far from having been denied at any time by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no discouragements whatsoever shall make Him fail on His part in doing His uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruine of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you will answer to Almighty God in that day when He shall make inquisition for all the blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the bonds of Duty and Allegiance to your King or compassion to your bleeding and unhappy Countrey and of charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the blessing of Peace to this distracted Kingdom Given at our Court at Oxford the 15. of Decemb. 1645. XV. From OXFORD Dec. 26. MDCXLV For a Personal Treaty For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which overtures of this kind have by the want of being accompanied by well-instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several debate could not give so clear a Judgment as was requisite in so important a business If therefore His Majesty may have the engagement of the two Houses of Parliament at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Thomas Fairfax his Army as also those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their followers not exceeding in all the number of three hundred for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and happiness to these miserable distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed work His Majesty therefore declares That He is willing to commit the great trust of the Militia of this Kingdom for such time and with such powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these persons following viz. the Lord Privy Seal the Duke of Richmond the Marquess of Hertford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord
doubted not had they had power to recede some of His Reasons would have prevailed with them as He is confident had it been with His two Houses it would have done with them and therefore beseeches them to take the same freedom with His two Houses to press them to a compliance with Him in those things His Conscience is not yet satisfied in which more time may do His Opinion not being like the Laws of the Medes and Persians unalterable or infallible He added His very hearty thanks for the pains they had taken to satisfie Him professing that He wanted Eloquence to commend their Abilities He desired them candidly to represent all the Transactions of this Treaty to His two Houses that they might see Nothing of His Interest how near or dear soever but that wherein His Conscience is unsatisfied can hinder on His part a happy conclusion of this Treaty LVI To the Lords Commissioners at their taking leave NEWPORT Nov. MDCXLVIII MY Lords You are come to take your leave of Me and I believe we shall scarce never see each other again but God's Will be done I thank God I have made my Peace with Him and shall without fear undergo what He shall be pleased to suffer man to do unto Me. My Lords you cannot but know that in My Fall and Ruine you see your own and that also near to you I pray God send you better Friends than I have found I am fully informed of the whole carriage of the Plot against Me and Mine and nothing so much afflicts Me as the sense and feeling I have of the Sufferings of my Subjects and the Miseries that hang over my three Kingdoms drawn upon them by those who upon pretences of Good violently pursue their own Interests and Ends. LVII His MAJESTIE's Speeches to the pretended High Court of Justice with the History of His Tryal Jan. MDCXLVIII IX Westminster-Hall Jan. 20. ON Saturday the twentieth of January afternoon Serjeant John Bradshaw President of the pretended Court with about fifty seven of his fellow-Commissioners came into Westminster-Hall having sixteen men with Partisans and their Officers with a Sword and Mace marching before them thus profaning the Name the Place and the Ensigns of Justice in the perpetration of the most enormous and unexampled Villany And at the West end of the Hall prepared for their purpose Bradshaw seated himself in a Crimson-Velvet Chair in the midst having a Desk with a Crimson-Velvet Cushion before him and at his feet a Table covered with a Turkey Carpet whereon the Sword and Mace were laid the rest were placed on each side upon Benches hung with Scarlet and the Partisans divided themselves on each hand before them Being thus sate and Silence made the great Gate of the Hall was set open and all persons promiscuously let in so that the Hall was presently filled and Silence again ordered Then Colonel Matthew Tomlinson was commanded to bring the Prisoner their King into the Court which he did within a quarter of an hour with about twenty Officers with Partisans marching before Him and others behind Their Serjeant at Arms with his Mace received Him and brought Him to the Bar where a Crimson-Velvet Chair was set His Majesty with an unconcerned Look upon his pretended Judges and the People in the Galleries on each side sate down without taking notice of their Court but presently rose up again and turned about looking down upon the Guards placed on the left side and the multitude of Spectators on the right side of the Hall After Silence made the pretended Act for His Trial was read by their Clerk sitting at the side of the Table where the Sword and Mace lay An Act of Parliament of the House of Commons for Trial of Charles Stuart King of England WHereas it is notorious that Charles Stuart the now King of England not content with the many incroachments which his Predecessors had made upon the People in their Rights and Freedom hath had a wicked Design to subvert the Ancient and Fundamental Laws and Liberties of this Nation and in their place to introduce an Arbitrary and Tyrannical Government and that besides all evil ways to bring his Design to pass he hath prosecuted it with Fire and Sword levied and maintained a Civil War in the Land against the Parliament and Kingdom whereby this Country hath been miserably wasted the publick Treasure exhausted Trade decaied thousands of People murthered and infinite other mischiefs committed for all which high Offences the said Charles Stuart might long since have been brought to exemplary and condign Punishment Whereas also the Parliament well hoping that the Restraint and Imprisonment of his Person after it had pleased God to deliver him into their hands would have quieted the Distempers of the Kingdom did forbear to proceed judicially against him but found by sad experience that such their Remissenss served only to encourage him and his Complices in the continuance of their evil practices and in raising new Commotions Rebellions and Invasions For prevention of the like and greater inconveniences and to the end no Chief Officer or Magistrate may hereafter presume Traiterously and maliciously to imagine or contrive the enslaving or destroying of the English Nation and to expect impunity Be it Enacted and Ordained by the Commons in this present Parliament assembled and it is hereby Enacted and Ordained that Thomas Lord Fairfax General Oliver Cromwell Lieutenant-General Commissary General Henry Ireton Major General Philip Skippon Sir Hardresse Waller Colonel Valentine Walton Colonel Thomas Harrison Colonel Edward Whaley Colonel Thomas Pride Colonel Isaac Ewer Colonel Richard Ingoldsby Sir Henry Mildmay Sir Thomas Honywood Thomas Lord Grey Philip Lord Lisle William Lord Mounson Sir John Danvers Sir Thomas Maleverer Sir John Bourchier Sir James Harrington Sir William Brereton Robert Wallop Esq William Heveningham Esquire Isaac Pennington Alderman Thomas Atkins Alderman Colonel Rowland Wilson Sir Peter Wentworth Colonel Henry Marten Colonel William Purefoy Colonel Godfrey Bosvile John Trenchard Esquire Colonel Herbert Morley Colonel John Berkstead Colonel Matthew Tomlinson John Blakeston Esq Gilbert Millington Esquire Sir William Constable Colonel Edward Ludlow Colonel John Lambert Colonel John Hutchinson Sir Arthur Hasilrig Sir Michael Livesey Richard Salway Esquire Humphrey Salway Esquire Colonel Robert Tichborne Colonel Owen Roe Colonel Robert Manwaring Colonel Robert Lilborn Colonel Adrian Scroope Colonel Richard Dean Colonel John Okey Colonel Robert Overton Colonel John Harrison Colonel John Disborough Colonel William Goffe Colonel Robert Duckenfield Cornelius Holland Esquire John Carew Esquire Sir William Armyne John Jones Esquire Miles Corbet Esquire Francis Allen Esquire Thomas Lister Esquire Benjamin Weston Esquire Peregrine Pelham Esq John Gourdon Esquire Serjeant Francis Thorp John Nutt Esquire Thomas Chaloner Esq Colonel Algernon Sidney John Anlaby Esquire Colonel John Moore Rich. Darley Esq William Say Esquire John Aldred Esquire John Fagge Esquire James Nelthrop Esquire Sir William Roberts Colonel Francis Lassels Colonel Alexander Rigby Henry Smith
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
to Our Assistance and that this wicked Charge of intending to introduce Propery Idolatry and Arbitrary Government laid by Implication upon Us because We defend Our Selves and would recover Our own will be so far from being a Motive against Us that this intolerable Indignity and damnable Scandal so daily and visibly confuted by all Our Professions and Actions will encrease Our good Subjects zeal towards Us and their Indignation against the Contrivers and they will esteem themselves obliged by the Religion of Almighty God to oppose this War so impiously so treasonably and so groundlesly made upon Us their King and His Anointed We therefore require all Our Commissioners of Array Sheriffs and all Our other Officers and Ministers to raise all the Power and Forces of their several Counties to assist the Marquess of Hartford the Earl of Northampton the Lord Willoughby of Eresby the Lord Dunsmore the Lord Paulet the Lord Seymour Henry Hastings Esquire Sir John Stawell Sir Ralph Hopton John Digby Esquire and all other in the legal and necessary Execution of Our Commissions of Array and in the raising and conducting of such Horse and Foot as shall be raised by Our Commission and by force of Arms to oppose the Earl of Essex the Lord Say and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses and the Persons of all such Traitors and their Adherents and Accomplices to Arrest and Imprison to the end they may be brought to a fair and legal Tryal by their Peers and according to the law And this We require from them as they tender the Defence of Our Person the true Religion the Law of the Land the Liberty and Property of the Subject and the true and just Privileges of Parliament And for so doing they shall be defended and secured by Us and by the Law with whom and with which We doubt not but Our Subjects will sooner chuse to live and dye than with the Earl of Essex and his Adherents MDCXLII August 9. By the King A Proclamation for the suppressing of the present Rebellion under the Command of Robert Earl of Essex And the gracious offer of His Majesty's free Pardon to him and all such of his Adherents as shall within six days after the date hereof lay down their Arms. WHereas now at the last those Seditious and Traitorous Counsels and Consultations which have been long in design and which long since We foresaw have produced such manifest and open effects of Treason and Rebellion against Us that there are already great numbers of Horse and Foot Raised Arraied Mustered and Trained under pretence of Authority of Our two Houses of Parliament without and against Our Consent in and about Our Cities of London and Westminster in a warlike manner and there are many more in Raising with speed and Robert Earl of Essex by the said pretended Authority without Our Consent hath been nominated to be Captain General of those Troops and Forces and forgetting the Duty and Allegiance which he oweth to Us his Sovereign hath taken upon him and accepted that Title and Command of Captain General and in that quality appeareth amongst the Souldiers animating and encouraging himself and them in these Traitorous and Rebellious Designs and as it is now notoriously known the said Earl and his Adherents intend speedily to march from thence towards the North where We now reside and in a warlike manner to assail and oppose Us and those who shall attend or assist Us under pretence of defending Our Person and the two Houses of Parliament and prepare traitorously to surprise or besiege Our Town of Portsmouth and to possess themselves thereof with force the same being a Town and Port of great importance in the Western parts of this Kingdom and also to surprise or by force to take and possess themselves of all other Castles Forts and places of strength within this Kingdom and all this to strengthen them and their Party in these their Traitorous and Rebellious Designs all which are not now taken up by Us upon Information of others and by Conjecture but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain General over the whole Kingdom of England and Dominion of Wales which in the name of the two Houses of Parliament is granted unto the said Earl but hath indeed been contrived by some few Malignant persons Members of either House whereby they have mentioned to conferr upon him and the said Earl under that colour hath assumed unto himself those Titles and begun to put in execution those Powers and Authorities which are inconsistable with Our Sovereignty all which is so done contrary to all Rules of Religion Laws Allegiance or common Honesty We do now therefore publish and declare by this Our Royal Proclamation That the said publick and notorious Acts and Actions of the said Earl are Acts and Actions of High Treason being a manifest levying of War against his natural Liege Lord and King expresly within the words and meaning of the Statute made in the twenty fifth year of King Edward the Third declaring the same of which in Law there neither is nor can be any doubt and that the said Earl of Essex is a Rebel and Traitour unto Us and to Our Crown and that he and all Colonels Captains and Officers which upon notice hereof shall not immediately quit their Commands under him or any others by the like unlawful and usurped power without and against Us are also guilty of High Treason within that Statute and ought to be adjudged and esteemed and proceeded against as Traitors and Rebels And yet out of Our Grace and Clemency towards such of Our Subjects as have been abused and misled by the said Earl and such others as joyn themselves with him in these desperate Courses and to preserve the Peace of this Kingdom if it be possible and to avoid the shedding of blood We abhorring the name of a Civil War if it can by any good means be avoided do by this Our Royal Proclamation admonish the said Earl and all Our Subjects whom it may concern which are now already joyned or shall joyn themselves to the said Earl in this act of Hostility that forthwith they lay down their Arms as well Horse as Foot and all other preparations for the War and instantly without delay return to their own homes and habitations and there quietly and peaceably imploy and bestow themselves in their proper Vocations and Callings and that hereafter they meddle not or interpose themselves in these or any the like Rebellious and Traitorous Undertakings or Actions Which if the◠do readily and really perform within six days after the date of these presents W◠do hereby promise and undertake in the Word of a King that We will freely extend 〈◊〉 Mercy unto them and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time But if
by Your Letters Patents to make Sir John Brampston Chief Justice of Your Court of Kings Bench William Lenthal Esquire the now Speaker of the Commons House Master of the Rolls and to continue the Lord Chief Justice Banks Chief Justice of the Court of Common Pleas and likewise to make Master Serjeant Wilde Chief Baron of Your Court of Exchequer and that Master Justice Bacon may be continued and Master Serjeant Rolls and Master Serjeant Atkins made Justices of the Kings Bench that Master Justice Reeves and Master Justice Foster may be continued and Master Serjeant Phesant made one of Your Justices of Your Court of Common Pleas that Master Serjeant Creswel Master Samuel Brown and Master John Puleston may be Barons of the Exchequer and that all these and all the Judges of the same Courts for the time to come may hold their places by Letters Patents under the great great Seal quamdiu se bene gesserint and that the several persons not before named that do hold any of these places before mentioned may be removed IX That all such persons as have been put out of the Commissions of Peace or Oyer and Terminer or from being Custodes Rotulorum since the first day of April 1642. other than such as were put out by desire of both or either of the Houses of Parliament may again be put into those Commissions and Offices and such that persons may be put out of those Commissions and Offices as shall be excepted against by both Houses of Parliament X. That Your Majesty will be pleased to pass the Bill now presented to Your Majesty to vindicate and secure the Privileges of Parliament from the ill consequence of the late Precedent in the Charge and Proceeding against the Lord Kimbolton now Earl of Manchester and the five Members of the House of Commons XI That Your Majesty's Royal Assent may be given unto such Acts as shall be advised by both Houses of Parliament for the satisfying and paying the Debts and Damages wherein the two Houses of Parliament have ingaged the Publick Faith of the Kingdom XII That Your Majesty will be pleased according to a Gracious Answer heretofore received from You to enter into a more strict Alliance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designs and attempts of the Popish and Jesuitical Faction to subvert and suppress it whereby Your Subjects may hope to be free from the mischiefs which this Kingdom hath endured through the power which some of that Party have had in Your Counsels and will be much encouraged in a Parliamentary way for Your Aid and Assistance in restoring Your Royal Sister and the Prince Elector to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same Cause XIII That in the General Pardon which Your Majesty hath been pleased to offer to Your Subjects all Offences and Misdemeanours committed before the tenth of January 1641. which have been or shall be questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted which offences and misdemeanours shall never the less be taken and adjudged to be fully discharged against all other inferiour Courts That likewise there shall be an exception of all Offences committed by any person or Persons which hath or have had any hand or practice in the Rebellion of Ireland which hath or have given any counsel assistance or encouragement to the Rebels there for the maintenance of that Rebellion as likewise an exception of William Earl of Newcastle and George Lord Digby XIV That Your Majesty will be pleased to restore such Members of either House of Parliament to their several places of Services and Imployment out of which they have been put since the beginning of this Parliament that they may receive satisfaction and reparation for those places and for the profits which they have lost by such removals upon the Petition of both Houses of Parliament and that all others may be restored to their Offices and Imployments who have been put out of the same upon any displeasure conceived against them for any Assistance given to both Houses of Parliament or obeying their Commands or forbearing to leave their Attendance upon the Parliament without licence or for any other occasion arising from these unhappy Differences betwixt Your Majesty and both Houses of Parliament upon the like Petition of both Houses These things being granted and performed as it hath always been our hearty Prayer so shall we be enabled to make it our hopeful Endeavour That Your Majesty and Your People may enjoy the blessings of Peace Truth and Justice the Royalty and Greatness of Your Throne may be supported by the Loyal and bountiful Affections of Your People their Liberties and Privileges maintained by Your Majesty's Protection and Justice and this publick Honour and Happiness of Your Majesty and all Your Dominions communicated to other Churches and States of Your Alliance and derived to Your Royal Posterity and the future Generations in this Kingdom for ever H. Elsinge Cler. Parl. D. Com. His MAJESTY'S Answer to the Desires and Propositions of both Houses February the third 1642. Received at a Conference with the Lords February the sixth 1642. IF His Majesty had not given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People or if He would suffer Himself by any Provocation to be drawn to a sharpness of Language at a time when there seems somewhat like an Overture of Accommodation He could not but resent the heavy charges upon Him in the Preamble of these Propositions and would not suffer Himself to be reproached with protecting of Delinquents by force from Justice His Majesty's desire having always been that all Men should be tryed by the known Law and having been refused it with raising an Army against His Parliament and to be told that Arms have been taken up against Him for the defence of Religion Laws Liberties Privileges of Parliament and for the sitting of the Parliament in safety with many other Particulars in that Preamble so often and so fully answered by His Majesty without remembring the world of the time and circumstances of raising those Arms against Him when His Majesty was so far from being in a condition to invade other mens Rights that He was not able to maintain and defend His own from violence and without telling His good Subjects that their Religion the true Protestant Religion in which His Majesty was born hath faithfully lived and to which He will die a willing Sacrifice their Laws Liberties Priviledges and safety of Parliament were so amply settled and established or offered to be so by His Majesty before any Army was raised against Him and long before any raised by Him for His defence that if nothing had
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
Lords and Commons in this present Parliament assembled shall be nominated assigned and appointed thereby authorizing and requiring them or any five or more of them and giving them full Power and Authority by the Oaths of good and lawful men as by all other good and lawful ways and means to enquire and find out what Mannors Castles Lordships Granges Messuages Lands Tenements Meadows Leasues Pastures Woods Rents Reversions Services Parsonages appropriate Tithes Oblations Obventions Pensions Portions of Tithes Vicarages Churches Chappels Advowsons Nominations Presentations Rights of Patronage Parks Annuities and other Possessions and Hereditaments whatsoever of what nature or quality soever they be lying and being within every such County or City not hereby limited or disposed of unto His Majesty do belong or appertain unto all every or any such Arch-bishop Bishop Dean Sub-dean Dean and Chapter Arch-deacon Chaunter Chancellor Treasurer Sub-Treasurer Succentor Sacrist Prebendary Canon Canon Residentiary Petty-Canon Vicar-Choral Chorister old Vicar or new Vicar in right of their said Dignities Churches Corporations Offices or Places respectively and what and how much of the same is in possession and the true yearly Value thereof and what and how much thereof is out in Lease and for what Estate and when and how determinable and what Rents Services and other Duties are reserved and payable during such Estate and also the true yearly Value of the same as they are now worth in possession as also what Rents Pensions or other Charges or other Sums of Money are issuing due or payable out of any the Mannors Lands or Premisses and to make an exact and particular Survey thereof and to take and direct and settle such course for the safe custody and keeping of all Charters Evidences Court-Rolls and Writings whatsoever belonging unto all or any the Persons Dignities Churches Corporations Offices and Places or concerning any the Mannors Lands Tenements Hereditaments or other Premisses before mentioned as in their discretion shall be thought meet and convenient and of all and singular their doings and proceedings herein fairly written and ingross'd in Parchment to make Return and Certificate into the Court of Chancery And to this further intent and purpose that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the several Parishes within the Kingdom of England and Dominion of VVales Be it likewise Ordained and Enacted That the same Commissioners and Persons authorized as above-said shall have full Power and Authority by the Oaths of good and lawful men as by all other good ways and lawful means to enquire and find out the true yearly Value of all Parsonages and Vicarages presentative and all other Spiritual and Ecclesiastical Benefices and Livings unto which any Cure of Souls is annexed lying and being within such Counties and Cities and of all such particularly to enquire and certifie into the Court of Chancery what each of them are truly and really worth by the year and who are the present Incumbents or Possessors of them and what and how many Chappels belonging unto Parish-Churches are within the limits of such Counties and Cities within which they are directed and authorized to enquire and how the several Churches and Chappels are supplied by Preaching Ministers that so course may be taken for providing both for Preaching and of maintenance where the same shall be found to be needful and necessary Provided always that this Act or any thing therein contained shall not extend to any Colledge Church Corporation Foundation or House of Learning in either of the Vniversities within this Kingdom And the said Sir VVilliam Roberts Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires and the Survivors and Survivor of them or the greater part of them his and their Heirs and Assigns are hereby directed and authorized to give and allow unto such Officers as by them shall be thought fitting and necessary for keeping of Courts collecting of Rents Surveying of Lands and all other necessary imployments in and about the Premisses and unto the Commissioners authorized by this Act and such others as shall be necessarily imployed by them all such reasonable Fees Stipends Salaries and Sums of Money as in their discretion shall be thought just and convenient And the said Sir VVilliam Roberts Knight Thomas Atkins Sir John VVollaston John VVarner John Towes Aldermen of the City of London John Packer and Peter Malbourne Esquires the Survivors and Survivor of them his and their Heirs and Assigns of their several Receipts Imployments Actions and Proceedings shall give an accompt and be accomptable unto the Lords and Commons in Parliament or such Person or Persons as from time to time by both Houses of Parliament shall be nominated and appointed in such manner and with such Power Priviledge and Jurisdiction to hear and determine all matters concerning such Accompts as by both Houses of Parliament shall from time to time be thought necessary to be given them and not elsewhere nor otherwise Saving to all and every Person and Persons Bodies Politick and Corporate their Heirs and Successors and the Heirs and Successors of them and every of them other than such Person or Persons Bodies Politick and Corporate whose Offices Functions and Authorities are taken away and abolished by this Act as to any Estate Right Title or Interest which they or any of them claim to have or hold in right of their said Churches Dignities Functions Offices or Places and other then the Kings Majesty His Heirs and Successors as Patrons Founders or Donors and all and every other Person and Persons Bodies Politick and Corporate as may claim any thing as Patrons Founders or Donors all such Right Title Interest Possession Rents Charge-Rent Service Annuities Offices Pensions Portions Commons Fees Profits Claims and Demands either in Law or Equity whatsoever and all and singular such Leases for Years Life or Lives as were before the twentieth day of January in the year of our Lord One thousand six hundred forty two made unto them or any of them by any the Persons or Corporations above named acccording to the Laws and Statutes of this Realm and warranted by the same and all such Leases and Estates as having been heretofore made have been established or settled by any Judgement or Decree in any of the Courts at Westminster and have been accordingly enjoyed and all Duties and Profits whatsoever which they or any of them have or may claim or of right ought to have of in to or out of any the said Mannors Lands or Premisses whatsoever or any part or parcel thereof in such sort manner form and condition to all intents constructions and purposes as if this Act had never been made MDCXLIII IV. The Articles of the late Treaty of the Date Edenburgh the 29. of November 1643. Die Mercurii 3. Januarii 1643-44 Articles of the Treaty agreed upon betwixt the Commissioners of
propose conditions of Peace though the VVar otherwise might justly be pursued And surely as a Cessation in Ireland may be some advantage to the Rebels as all Cessations in their nature are to both parts they having thereby time and liberty to procure Arms and Ammunition to be brought to them so it is not only for the advantage but necessary preservation of Our good Subjects there whose bleeding Dangers call for Our bowels of Charity and Compassion by suspending the rage of the Adversary by this Cessation till means may be found to turn their hearts or to disable their Malice from pursuing their Cruelty to the utter Ruin of that Remainder of Our good Subjects there it being more acceptable to God and Man to preserve a few good men from destruction than to destroy a multitude though in the way of Justice and perhaps a Cessation may bring some of those Rebels to reflect upon their Offences and to return to their Duty all are not in the same degree of guilt all were not Authors of nor consenting to the Cruelties committed some were inforced to comply with or not resist their proceedings some were seduced upon a belief the Nation was designed to be eradicated and the VVar not against the Rebellion only but their Religion The VVar destroys all alike without distinction even innocent Children have suffered not by the Rebels only and all are not Tigers or Wolves there may be grounds of Mercy to some though no severity be excessive towards others However We cannot desire the destruction even of the worst of those Irish Rebels so much as We do the preservation of the poor English remaining there but should make choice rather to save the Rebels for preserving the lives of those poor Protestants than destroy them to ruine the Rebels And therefore exceeding strange it is to Us and We are sorry to find that any English men who have seen this their Native Country heretofore even in Our time flourishing beyond most of the Kingdoms and Churches in the world and now most hideous and deformed weltring in the blood of her own Children and if this VVar continue like to be a perpetual spectacle of Desolation should express that they desire War in Ireland as much as they do Peace here no more valuing the sparing of English blood here than they do the effusion of the blood of the Rebels in Ireland They say indeed they are willing to lay out their Estates and Lives both for the War in Ireland and Peace in this Kingdom but withal they say they have made Propositions for both if Our Commissioners would agree to them These are the Conditions they offer neither Peace is to be had here without agreeing to their Propositions nor that VVar in Ireland to be managed but according to those Propositions such Propositions as apparently tend to the ruine of the Church to the subversion of all Our Power to the setting up a new frame of popular Government to the destructioo of Our Loyal and true-hearted Subjects Propositions which associate Our Subjects of Scotland in their Counsels and Power and invest them in a great share of the Government and VVealth of this Kingdom and render both the VVealth and Power of Ireland to be at their command These Propositions they insist upon and for the obtaining these they are resolved to engage the Lives and Estates of Our poor People in this unnatural Rebellion But VVe trust God Almighty will open the Eyes and the Hearts of Our People not to assist them any longer against Us in the shedding innocent blood in this VVar. And VVe cast Our selves on Him waiting His good time for the restoring the Peace of Our Kingdoms and Our deliverance from these Troubles which at length VVe are assured He will give unto Us. MESSAGES PROPOSITIONS AND TREATIES FOR PEACE WITH DIVERS RESOLUTIONS AND DECLARATIONS THEREUPON MDCXLV VI. VII VIII His MAJESTIES Message to both Houses from Oxford December 5. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty being deeply sensible of the continuation of this bloody and unnatural War cannot think himself discharged of the Duty He owes to God or the Affection and regard He hath to the preservation of His People without the constant application of His earnest Endeavours to find some Expedient for the speedy ending of these unhappy Distractions if that may be doth therefore desire That a Safe-Conduct may be forthwith sent for the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires and their Attendants with Coaches Horses and other Accommodations for their Journey to Westminster during their stay there and return when they shall think fit whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland furnished with such Propositions as His Majesty is confident will be the foundation of a happy and well-grounded Peace Given at the Court at Oxford the fifth of December 1645. The Letter of the two Speakers For Sir Thomas Glemham Governour of Oxford SIR VVE have received your Letter of the 5 th of this instant December with His Majesties inclosed and have sent back your Trumpet by command of both Houses who will with all convenient speed return an Answer to His Majesty and rest Your Loving Friends Grey of VVark Speaker of the House of Peers pro tempore VVilliam Lenthal Speaker of the House of Commons His MAJESTIES Message to both Houses in pursuance of the former From Oxford Dec. 15. 1645. For the Speaker of the House of Peers pro tempore CHARLES R. HIS Majesty cannot but extreamly wonder that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom and of the Dangers incident to His Person during the continuance of this unnatural War your many great and so often repeated Protestations that the raising these Arms hath been only for the necessary defence of God's true Religion His Majesties Honour Safety and Prosperity the Peace Comfort and Security of His People you should delay a safe Conduct to the Persons mentioned in His Majesties Message of the fifth of this instant December which are to be sent unto you with Propositions for a well-grounded Peace a thing so far from having been at any time denied by His Majesty whensoever you have desired the same that He believes it hath been seldom if ever practised among the most avowed and professed Enemies much less from Subjects to their King But His Majesty is resolved that no Discouragements whatsoever shall make Him fail of His part in doing his uttermost endeavours to put an end to these Calamities which if not in time prevented must prove the ruin of this unhappy Nation and therefore doth once again desire that a safe Conduct may be forthwith sent for those Persons expressed in His former Message and doth therefore conjure you as you
will answer to Almighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War as you tender the preservation and establishment of the true Religion by all the Bonds of Duty and Allegiance to your King or Compassion to your bleeding and unhappy Country and of Charity to your selves that you dispose your hearts to a true sense and imploy all your faculties in a more serious Endeavour together with His Majesty to set a speedy end to these wasting Divisions and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom Given at the Court at Oxford the fifteenth of December 1645. His MAJESTIES Message to both Houses with Propositions From Oxford Dec. 26. 1645. For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland CHARLES R. NOtwithstanding the strange and unexpected Delays which can be precedented by no former times to His Majesties two former Messages His Majesty will lay aside all Expostulations as rather serving to lose time than to contribute any remedy to the evils which for the present do afflict this distracted Kingdom Therefore without further Preamble His Majesty thinks it most necessary to send these Propositions this way which He intended to do by the Persons mentioned in His former Messages though He well knows the great disadvantage which Overtures of this kind have by the want of being accompanied by well instructed Messengers His Majesty conceiving that the former Treaties have hitherto proved ineffectual chiefly for want of Power in those Persons that Treated as likewise because those from whom their Power was derived not possibly having the particular informations of every several Debate could not give so clear a Judgment as was requisite to so important a business if therefore His Majesty may have the engagement of the two Houses at Westminster the Commissioners of the Parliament of Scotland the Mayor Aldermen Common-Council and Militia of London of the chief Commanders in Sir Fairfax's Army as also of those in the Scots Army for His Majesties free and safe coming to and abode in London or Westminster with such of His Servants now attending Him and their Followers not exceeding in all the number of 300. for the space of forty days and after the said time for His free and safe repair to any of His Garrisons of Oxford Worcester or Newark which His Majesty shall nominate at any time before His going from London or Westminster His Majesty propounds to have a Personal Treaty with the two Houses of Parliament at Westminster and the Commissioners of the Parliament of Scotland upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms and to begin with the three Heads which were Treated on at Vxbridge And for the better clearing of His Majesties earnest and sincere intentions of putting an end to these unnatural Distractions knowing that point of security may prove the greatest obstacle to this most blessed Work His Majesty therefore declares That he is willing to commit the great Trust of the Militia of this Kingdom for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last to these Persons following viz. the Lord Privy-Seal the Duke of Richmond the Marquess of Hartford the Marquess of Dorchester the Earl of Dorset Lord Chamberlain the Earl of Northumberland the Earl of Essex Earl of Southampton Earl of Pembroke Earl of Salisbury Earl of Manchester Earl of Warwick Earl of Denbigh Earl of Chichester Lord Say Lord Seymour Lord Lucas Lord Lexington Mr. Denzill Hollis Mr. Pierrepont Mr. Henry Bellassis Mr. Richard Spencer Sir Thomas Fairfax Mr. John Ashburnham Sir Gervase Clifton Sir Henry Vane junior Mr. Robert Wallop Mr. Thomas Chichely Mr. Oliver Cromwell Mr. Philip Skippon supposing that these are Persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leave the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions which He doubts not but by the Blessing of God will soon be put to a happy Conclusion if this His Majesties offer be accepted otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a Compassion on the bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to put a happy and speedy end to these present Miseries Given at the Court at Oxford the 26. of December 1645. The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew Decemb. 27. May it please your Majesty THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December and having together with the Commissioners of the Parliament of Scotland taken the same into their serious consideration do humbly return this Answer They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires that a safe and well-grounded Peace might be settled in Your three Kingdoms and for the obtaining so great a Blessing shall ever pray to God and use their utmost endeavours and beseech Your Majesty to believe that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace but hath been occasioned by the Considerations and Debates necessary in a business of so great importance wherein both Kingdoms are so much concerned As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond the Earl of Southampton John Ashburnham and Jeffrey Palmer Esquires with Propositions to be the foundation of a happy and well-grounded Peace they finding that former Treaties have been made use of for other Ends under the pretence of Peace and have proved dilatory and unsuccessful cannot give way to a safe Conduct according to Your Majesties desire But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace which are speedily to be communicated to the Commissioners of the Kingdom of Scotland do resolve after mutual agreement of both Kingdoms to present them with all speed to Your Majesty Westminster the 25.
Obedience to Our Commands We doubt not of your care in this wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned From Newcastle June 11. 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace Sent to His Majesty at Newcastle by the Right Honourable the Earl of Pembroke and Montgomery the Earl of Suffolk Members of the House of Peers and Sir VValter Earle Sir John Hippesly Knights Robert Goodwyn Luke Robinson Esquires Members of the House of Commons Die Sabbathi 11. Julii 1646. The Propositions of the Lords and Commons assembled in Parliament for a safe and well-grounded Peace May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well-grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which we do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be Established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively I. WHereas both Houses of the Parliament of England have been necessitated to undertake a War in their just and lawful defence and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prosecute the same That by Act of Parliament in each Kingdom respectively all Oaths Declarations and Proclamations heretofore had or hereafter to be had against both or either of the Houses of the Parliament of England the Parliament of the Kingdom of Scotland and the late Convention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from them and all Judgments Indictments Outlawries Attainders and Inquisitions in any the said Causes and all Grants thereupon made or had or to be made or had be declared null suppressed and forbidden And that this be publickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful II. That His Majesty according to the laudable Example of His Royal Father of happy memory may be pleased to swear and sign the late solemn League and Covenant and that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the Three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively with such Penalties as by mutual advice of both Kingdoms shall be agreed upon III. That a Bill be passed for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans and Sub-deans Deans and Chapters Archdeacons Canons and Prebendaries and all Chaunters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Choral and Choristers old Vicars and new Vicars of any Cathedral or Collegiate Church and all other their under Officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenburg 29. November 1643. and joynt Declaration of both Kingdoms IV. That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament V. That Reformation of Religion according to the Covenant be settled by Act of Parliament in such manner as both Houses have agreed or shall agree upon after Consultation had with the Assembly of Divines VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and Uniformity in matters of Religion that such Unity and Uniformity in Religion according to the Covenant as after Consultation had with the Divines of both Kingdoms now assembled is or shall be joyntly agreed upon by both Houses of Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively VII That for the more effectual disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and deluding the Laws and for the better discovering and speedy conviction of Recusants an Oath be established by Act of Parliament to be administred to them wherein they shall abjure and renounce the Popes Supremacy the Doctrine of Transubstantiation Purgatory Worshipping of the Consecrated Host Crucifixes and Images and all other Popish Superstitions and Errors and refusing the said Oath being tendred in such manner as shall be appointed by the said Act to be a sufficient Conviction of Recusancy VIII An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion IX An Act for the true levy of the Penalties against them which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss X. That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duely executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom XI The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of the Parliament there shall think fit XII That the King do give His Royal Assent to an Act for the due Observation of the Lords Day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God c. And for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and Non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colledges of Westminster Winchester and Eaton And to such Act or Acts for raising of Moneys for the payment and satisfying of the Publick Debts and Damages of the Kingdom and other Publick uses as shall hereafter be agreed on by both Houses of Parliament and that if the King do not give His Assent thereunto then it being done by both Houses of Parliament the same shall be as valid to all Intents and Purposes as if the Royal Assent had been given thereunto The like for the Kingdom of Scotland And that His Majesty give assurance of His consenting in the
to his Majesty in the Isle of Wight Die Jovis 3. Aug. 1648. Instruction from both Houses of the Parliament of England for James Earl of Middlesex Sir John Hippesley Knight and John Bulkeley Esquire Committees of Parliament I. YOu or any two of you whereof one to be a Lord shall with all speed repair unto his Majesty at the Castle of Carisbook in the Isle of Wight II. You or any two of you whereof one to be a Lord shall present unto his Majesty the Resolutions of both Houses of Parliament concerning a Personal Treaty to be had with his Majesty in the Isle of Wight III. You or any two of you whereof one to be a Lord shall desire his Majesties speedy Answer to the said Resolutions IV. You or any two of you whereof one to be a Lord are to acquaint his Majesty that you are only allotted ten days from Friday next for your Going Stay and Return V. You or any two of you whereof one to be a Lord shall have power in case his Majesty desires to see the Propositions which were presented to him at Hampton-Court to present him a Copy of them His MAJESTIES Message in Answer to the Votes Carisbrooke 10. Aug. 1648. For the Speaker of the Lords House pro tempore to be communicated to the Lords and Commons in the Parliament of England at Westminster CHARLES R. IF the Peace of my Dominions were not much dearer to me than any particular Interest whatsoever I had too much reason to take notice of the several Votes which passed against me and the sad Condition I have been in now above these seven Months But since you my two Houses of Parliament have opened as it seems to me a fair beginning to a happy Peace I shall heartily apply my self thereunto and to that end I will as clearly and shortly as I may set you down those things which I conceive necessary to this blessed Work so that we together may remove all impediments that may hinder a happy conclusion of this Treaty which with all chearfulness I do embrace And to this wished End your selves have laid most excellent grounds For what can I reasonably expect more then to Treat with Honour Freedom and Safety upon such Propositions as you have or shall present unto me and such as I shall make to you But withal remember that it is the definition not names of things which make them rightly known and that without means to perform no Propositions can take effect And truly my present Condition is such that I can no more Treat then a blind man judge of colours or one run a race who hath both his feet fast tied together Wherefore my first necessary Demand is That you will recal all such Votes and Orders by which people are frighted from coming writing or speaking freely to me Next that such men of all Professions whom I shall send for as of necessary use to me in this Treaty may be admitted to wait upon me In a word that I may be in the same state of Freedom I was in when I was last at Hampton-Court And indeed less cannot in any reasonable measure make good those Offers which you have made me by your Votes For how can I Treat with Honour so long as people are terrified with Votes and Orders against coming to speak or write to me and am I honourably treated so long as there is none about me except a Barber who came now with the Commissioners that ever I named to wait upon me or with Freedom until I may call such unto me of whose services I shall have use in so great and difficult a Work And for Safety I speak not of my Person having no apprehension that way how can I judge to make a safe and well grounded Peace until I may know without disguise the true present state of all my Dominions and particularly of all those whose Interests are necessarily concerned in the Peace of these Kingdoms Which leads me naturally to the last necessary Demand I shall make for the bringing this Treaty to an happy end which is That you alone or you and I joyntly do invite the Scots to send some persons authorized by them to Treat upon such Propositions as they shall make For certainly the publick and necessary Interests they have in this great Settlement is so clearly plain to all the World that I believe no body will deny the necessity of their concurrence in this Treaty in order to a durable Peace Wherefore I will only say that as I am King of both Nations so I will yield to none in either Kingdom for being truly and zealously affected for the good and honour of both my Resolution being never to be partial for either to the prejudice of the other Now as to the Place because I conceive it to be rather a circumstantial than real part of this Treaty I shall not much insist upon it I name Newport in this Isle yet the fervent zeal I have that a speedy end be put to these unhappy Distractions doth force me earnestly to desire you to consider what a great loss of time it will be to Treat so far from the body of my two Houses when every small debate of which doubtless there will be many must be transmitted to Westminster before it be concluded And really I think though to some it may seem a Paradox that peoples minds will be much more apt to settle seeing me Treat in or near London than in this Isle because so long as I am here it will never be believed by many that I am really so free as before this Treaty begin I expect to be And so I leave and recommend this point to your serious consideration And thus I have not only fully accepted of the Treaty which you have proposed to me by your Votes of the third of this Month but also given it all the furtherance that lies in me by demanding the necessary means for the effectual performance thereof All which are so necessarily implied by though not particularly mentioned in your Votes as I can no ways doubt of your ready compliance with me herein I have now no more to say but to conjure you by all that is dear to Christians honest men or good Patriots that ye will make all the Expedition possible to begin this happy Work by hastning down your Commissioners fully authorized and well instructed and by enabling me as I have shewed you to Treat praying the God of Peace so to bless our endeavours that all my Dominions may speedily enjoy a safe and well-grounded Peace CHARLES R. Carisbrook Aug. 10. 1648. A Letter from the Speaker of both Houses to His Majesty Aug. 25. 1648. With Votes in order to a Treaty May it please Your Majesty WE are commanded by Your Majesties loyal Subjects the Lords and Commons in Parliament assembled to present unto Your Majesty these Resolutions inclosed which are the results of the said Lords and Commons upon
Lexington Mr Denzil Hollis Mr Pierrepont Mr Henry Bellasis Mr Richard Spencer Sir Thomas Fairfax Mr John Ashburnham Sir Gervas Clifton Sir Henry Vane Junior Mr Robert Wallop Mr Thomas Chicheley Mr Oliver Cromwell Mr Philip Skippon supposing that these are persons against whom there can be no just exception But if this doth not satisfie then His Majesty offers to name the one half and leaves the other to the election of the two Houses of Parliament at Westminster with the Powers and Limitations before mentioned Thus His Majesty calls God and the World to witness of His sincere intentions and real endeavours for the composing and setling of these miserable Distractions which he doubts not but by the blessing of God will soon be put to a happy conclusion if this His Majesties offer be accepted Otherwise He leaves all the World to judge who are the continuers of this unnatural War And therefore He once more conjures you by all the bonds of Duty you owe to God and your King to have so great a compassion onthe bleeding and miserable estate of your Country that you joyn your most serious and hearty endeavours with His Majesty to puta happy and speedy end to these present Miseries Given at our Court at Oxford the 26. of Decem. 1645. XVI From OXFORD Dec. 29. MDCXLV In pursuance of the former for a Personal Treaty at Westminster For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. ALthough the Message sent by Sir Peter Killegrew may justly require an expostulatory Answer yet His Majesty lays that aside as not so proper for His present endeavours leaving all the World to judge whether His Proposition for a Personal Treaty or the flat denial of a safe Conduct for Persons to begin a Treaty be greater signs of a real intention to Peace and shall now only insist upon His former Message of the 26. of this December That upon His repair to Westminster He doubts not but so to joyn His endeavours with His two Houses of Parliament as to give just satisfaction not only concerning the business of Ireland but also for the setling of a way for the payment of the publick Debts as well to the Scots and to the City of London as others And as already He hath shewn a fair way for the setling of the Militia so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of security whereby just Jealousies may arise to hinder the continuance of the desired Peace And certainly this Proposition of a Personal Treaty could never have entred into His Majesties thoughts if He had not resolved to make apparent to all the World that the publick good and Peace of this Kingdom is far dearer to Him than the respect of any particular Interest Wherefore none can oppose this motion without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a work besides the declaring himself a direct opposer of the happy Peace of these Nations To conclude whosoever will not be ashamed that his fair and specious protestations should be brought to a true and publick test and those who have a real sense and do truly commiserate the miseries of their bleeding Country let them speedily and chearfully embrace His Majesties Proposition for His Personal Treaty at Westminster which by the blessing of God will undoubtedly to these now-distracted Kingdoms restore the happiness of a long-wisht-for and lasting Peace Given at Our Court at Oxford the nine and twentieth day of December 1645. XVII From OXFORD January 15. MDCXLV VI. In pursuance of the former Containing His Majesty's Concessions and Offers For the Speaker of the House of Peers pro tempore to be communicated to the two Houses of Parliament at Westminster and to the Commissioners of the Parliament of Scotland CHARLES R. BUT that these are times wherein nothing is strange it were a thing much to be marvelled at what should cause this unparallel'd long detention of His Majesties Trumpeter sent with His gracious Message of the 26. of December last Peace being the only subject of it and His Majesties Personal Treaty the means proposed for it And it were almost as great a wonder that His Majesty should be so long from enquiring after it if that the hourly expectation thereof had not in some measure satisfied His impatience But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People He thinks it high time to enquire after His said Trumpeter For since all men who pretend any goodness must desire Peace and that all men know Treaties to be the best and most Christian way to procure it and there being as little question that His Majesties Personal presence in it is the likeliest way to bring it to an happy issue He judges there must be some strange variety of accidents which causeth this most tedious delay Wherefore His Majesty earnestly desires to have a speedy account of His former Message the subject whereof is Peace and the means His Personal presence at Westminster where the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James and full liberty for the ease of their Consciences who will not communicate in that Service established by Law and likewise for the free and publick use of the Directory prescribed and by command of the two Houses of Parliament now practised in some parts of the City of London to such as shall desire to use the same and all Forces being agreed to be disbanded His Majesty will then forthwith as He hath in His Message of the 29. of December last already offered joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scotch Subjects the City of London and others And His Majesty having proposed a fair way for the setling of the Militia which now by this long delay seems not to be thought sufficient security His Majesty to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace and taking away all Jealousies how groundless soever will endeavour upon debate with His two Houses so to dispose of it as likewise of the business of Ireland as may give to them and both Kingdoms just satisfaction not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral the Officers of State and others if His two Houses by their ready inclinations to Peace shall give Him encouragement thereunto Thus His Majesty having taken occasion by His just impatience so to explain His intentions that no man can doubt of a happy issue to this succeeding Treaty if now
Our Court at York this 15. of June 1642. The Declaration and Profession of the Lords now at York and others of His Majesty's most Honourable Privy Council disavowing that they see any apparence of Preparations or Intentions in His Majesty to levy War against the Parliament WE whose names are under-written in Obedience to His Majesty's Desire and out of the Duty which we owe to His Majesty's Honour and to Truth being here upon the place and witnesses of His Majesty's frequent and earnest Declarations and Professions of His abhorring all Designs of making War upon His Parliament and not seeing any colour of Preparations or Counsels that might reasonably beget the belief of any such Design do profess before God and testifie to all the World that we are fully perswaded that His Majesty hath no such Intentions but that all His Endeavours tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom York June 15. 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford L. Great Chamberlain E. of Cumberland E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devon E. of Cambridge E. of Bristol E. of Clare E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Dover E. of Carnarven E. of Newport L. Mowbray Maltravers L. Willoughby L. Grey of Ruthen L. C. Howard Andover L. Lovelace L. Paget L. Falconberge L. Rich. L. Paulet L. Newark L. Coventry L. Savile L. Mohun L. Dunsmore L. Seymour L. Capel L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancel of the Exchequer L. Chief Justice Banks MDCXLII June 8. By the King A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal and all Contributions or Assistance to any such Levies WHereas under pretence that We intend to make War against the Parliament the contrary whereof is notoriously known to all that are here and as We hope by this time apparent to all other Our Subjects as well by Our Declaration of the sixteenth of June as by the Testimony of all Our Nobility and Council who are here upon the place and by colour of the Authority of both Houses of Parliament a major part whereof are now absent from London by the contrivance of some few evil persons disguising and colouring their pernicious Designs and hostile Preparations under the plausible names of the preservation of publick Peace and defence of Vs and both Houses of Parliament from Force and violence it hath been endeavoured to raise Troops of Horse and other Forces And for that purpose they have prevailed not only to prohibit Our own Moneys to be paid to Us or to Our use but by the Name and Authority of Parliament to excite Our Subjects to contribute their Assistance to them by bringing in Moneys Plate or under-writing to furnish and maintain Horses Horsemen and Arms and to that purpose certain Propositions or Orders as they are styled by them have been printed whereby they have endeavoured to engage the Power and Authority of Parliament as if the two Houses without Us had that Power and Authority to save harmless all those that shall so contribute from all Prejudice and Inconvenience that may befall them by occasion thereof And although We well hope that these Malignant persons whose Actions do now sufficiently declare their former Intentions will be able to prevail with few of Our good People to contribute their Power or Assistance unto them Yet lest any of Our Subjects taking upon trust what those men affirm without weighing the grounds of it or the danger to Us themselves and the Commonwealth which would ensue thereupon should indeed believe what these persons would insinuate and have them to believe that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament and that thereby they should not incur any danger We that We might not be wanting as much as in Us lyeth to foreshew and to prevent the danger which may fall thereupon have hereby thought good to declare and publish unto all Our loving Subjects That by the Laws of the Land the power of raising of Forces or Arms or levying of War for the defence of the Kingdom or otherwise hath always belonged to Us and to Us only and that by no Power of either or both Houses of Parliament or otherwise contrary to Our personal Commands any Forces can be raised or any War levied And therefore by the Statute of the seventh year of Our famous Progenitor King Edward the First whereas there had been then some variances betwixt Him and some great Lords of the Realm and upon Treaty thereupon it was agreed that in the next Parliament after provision should be made that in all Parliaments and all other Assemblies which should be in the Kingdom for ever every man should come without Force and Armour well and peaceably yet at the next Parliament when they met together to take advice of this Business though it concerned the Parliament it self the Lords and Commons would not take it upon them but answered That it belonged to the King to defend force of Armour and all other force against the Peace at all times when it pleased Him and to punish them which should do contrary according to the Laws and Usages of the Realm and that they were bound to aid Him as their Sovereign Lord at all seasons when need should be And accordingly in Parliament in after-times the King alone did issue His Proclamations prohibiting bearing of Arms by any person in or near the City where the Parliament was excepting such of the Kings Servants as He should depute or should be deputed by His Commandment and also excepting the Kings Ministers And by the Statute of Northampton made in the second year of King Edward the Third it is enacted That no man of what condition soever he be except the Kings Servants in His presence and His Ministers in executing the Kings Precepts or of their Office and such as be in their company assisting them go nor ride armed by night or day in Fairs Markets nor in the presence of the Justices or other Ministers nor in no part elsewhere And this power of raising Forces to be solely in the King is so known and inseparable a Right to the Crown that when in the Reign of King Henry the Eighth there being a sudden Rebellion the Earl of Shrewsbury without Warrant from the King did raise Arms for the suppression thereof and happily suppressed it yet was he forced to obtain his Pardon And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second upon pretence of the good of the King and Kingdom the King being then not of age and led away as