considered your Propositions and finds it very difficult in respect they import so great an Alteration in Government both in Church and State to return a particular and positive Answer before a full debate wherein those Propositions and all the necessary Explanations and Reasons for assenting dissenting or qualifying and all inconveniences and mischiefs which may ensue and cannot otherwise be so well foreseen may be discussed and weighed His Majesty therefore proposeth and desireth as the best Expedient for Peace That you will appoint such a number of Persons as you shall think fit to Treat with the like number of Persons to be appointed by His Majesty upon the said Propositions and such other things as shall be proposed by His Majesty for the preservation and defence of the Protestant Religion with due regard to the ease of tender Consciences as His Majesty hath often offered the Rights of the Crown the Liberty and Property of the Subjects and the Privileges of Parliament and upon the whole matter to conclude a happy and blessed Peace Unto which Message this Answer of the 27. of December was returned to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects of both Kingdoms have considered of Your Majesty's Message of the 13. of December 1644. sent by the Duke of Richmond and the Earl of Southampton directed to the Lords and Commons assembled in the Parliament of England at Westminster and to the Commissioners of the Parliament of Scotland now at London and do in all humbleness return this Answer That we do consent there be a Treaty for a safe and well-grounded Peace but find that it will require some time to resolve concerning the Instructions and manner of that Treaty and therefore that Your Majesty might not be held in suspence touching our readiness to make use of any opportunity for attaining such a blessed and happy Peace in all Your Majesty's Dominions we would not stay Your Majesty's Messengers till we did resolve upon all those particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20. of December 1644. Signed in the name and by warrant of the Commissioners of the Parliament of Scotland Lowdon Gray of Wark Speaker of the House of Peers pro tempore William Lenthal Speaker of the Commons House assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killegrew brought this farther Answer to His Majesty May it please Your most Excellent Majesty VVE Your Majesty's humble and Loyal Subjects the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland do make our further Answer to Your Majesty's Message of the 13 th of December last 1644. concerning a Treaty for Peace as followeth We do consent that there be a Treaty for a safe and well-grounded Peace between Your Majesty and Your humble and Loyal Subjects assembled in the Parliament of both Kingdoms and for the present have appointed Algernon Earl of Northumberland Philip Earl of Pembrook and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster and John Earl of Lowdon Lord Chancellor of Scotland Archibald Marquefs of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Master Hugh Kennedy and Master Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion Who or any Ten of them there being always some of the Parliaments of both Kingdoms are appointed and authorized to meet at Vxbridge on what day Your Majesty shall be pleased to set down before the last day of this present January with such persons as Your Majesty shall appoint under Your Sign Manual for that purpose and the number of the persons to Treat not to exceed Seventeen on either part unless the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Majesty may have the like number if You please there to Treat upon the Matters contained in the Propositions we lately sent unto Your Majesty according to such Instructions as shall be given unto them and the Propositions for Religion the Militia and for Ireland to be first Treated on and agreed and the time for the Treaty upon the said Propositions for Religion the Militia and for Ireland not to exceed Twenty days And for the things mentioned in Your Message to be propounded by Your Majesty when the Persons sent by Your Majesty shall communicate the same to the Committees appointed by us as aforesaid we have directed them to send the same to us that they may receive our Instructions what to do therein And to the end that the Persons that are to be sent from Your Majesty and from us with their Retinue not exceeding the number of one hundred and eight on either part may repair to Vxbridge stay there and return at their pleasure without interruption that mutual safe Conducts be granted to the said Persons according to the several Lists of their Names Signed by Order of the Lords and Commons assembled in the Parliament of England at Westminster Signed in the name and by warrant of the Commissioners of the Kingdom of Scotland Lowdon Grey of Wark Speaker of the House of Peers pro tempore William Lenthall Speaker of the Commons House in the Parliament of England Whereunto His MAJESTY returned an Answer inclosed in a Letter from Prince Rupert to the Earl of Essex dated the 21 of January which Letter and Answer were as followeth The Letter My Lord I Am commanded by His Majesty to return this His Answer to the Message lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland by Sir Peter Killegrew I have likewise sent your Lordship His Majesty's safe Conduct for the persons desired and also a List of the names of those His Majesty hath appointed to Treat for whom together with their Retinue His Majesty hath desired a safe Conduct The Answer inclosed HIS Majesty having received a Message by Sir Peter Killegrew from the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland concerning a Treaty returns this Answer That His Majesty doth very willing consent that there be a Treaty upon the Matters contained in the Propositions lately sent unto Him in such manner as is proposed and at the place appointed in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquess of Hartford the Earl of
Southampton the Earl of Kingston the Earl of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas Master Chancellor of the Exchequer the Lord Chief Baron Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. John Ashburnham M. Jeffrey Palmer together with Dr. Steward Clerk of His Majesty's Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on Wednesday night the 29 th of this instant January the Treaty to begin the next day which persons or any Ten of them shall be sufficiently authorized by His Majesty to Treat and conclude on His Majesty's part And to the end that the persons aforesaid and their Retinue may repair to Vxbridge stay there and return at their pleasure without interruption or go or send during their abode there to His Majesty as often as occasion shall require His Majesty desires that a safe Conduct may accordingly be sent for the said persons and their Retinue according to a List of their names herewith sent And then also inclosed in a Letter from Prince Rupert to the Earl of Essex His Majesty sent Propositions to be Treated upon on His Majesty's part which Letter and Propositions follow My Lord I Am commanded by His Majesty to send these enclosed Propositions to your Lordship to be presented to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland to the end that there may be as little loss of time as is possible but that the same may be treated on as soon as may be thought convenient after the entry upon the Treaty His MAJESTY'S Propositions to the Lords and Commons assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland for a safe and well-grounded Peace I. THAT His Majesty's own Revenue Magazines Towns Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him II. That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to His Majesty's Legal and known Power and Rights be renounced and recalled that no seed may remain for the like to spring out of for the future III. That whatsoever illegal Power hath been claimed or exercised by or over His Subjects as Imprisoning or putting to Death their Persons without Law stopping their Corpus's and imposing upon their Estates without Act of Parliament c. either by both or either House or any Committee of both or either or by any Persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged IV. That as His Majesty hath always professed His readiness to that purpose so He will most chearfully consent to any good Acts to be made for the suppression of Popery and for the firmer settling of the Protestant Religion established by Law as also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorn and violence and that another Bill may be framed for the ease of tender Consciences in such particulars as shall be agreed upon For all which His Majesty conceives the best expedient to be that a National Synod be legally called with all convenient speed V. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the General Pardon shall be tried per Pares according to the usual course and known Law of the Land and that it be left to that either to acquit or condemn them VI. And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Arms and free Trade for all His Majesty's Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earl of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of January Sir I AM commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdom of Scotland to desire Your Highness to let His Majesty know That they do agree that their Committees do begin the Treaty at Vxbridge on Thursday the 30 th of this January with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty in such manner as was proposed And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highness Letter And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England for the Persons that are appointed by His Majesty to come to Vxbridge to Treat on the Propositions for a safe and well-grounded Peace with their Retinue in a List hereunto annexed Sir I am Your Highness humble Servant Essex Westminster 25. Jan. 1644. Thursday the 30th of January all the Commissioners named by His Majesty and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Uxbridge where their Commissions were mutually delivered in and read and are as followeth His MAJESTY'S Commission CHARLES R. VVHereas after several Messages sent by Us to the Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certain Propositions were sent from them and brought unto Us at Oxford in November last by the Earl of Denbigh and others and upon our Answers Messages and Propositions to them and their Returns to Us it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30 th of this instant January as by the said Propositions Answers Messages and Returns in writing may more fully appear We do therefore hereby appoint assign and constitute James Duke of Richmond and Lenox William Marquess of Hartford Thomas Earl of Southampton Henry Earl of Kingston Francis Earl of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John Lord Culpeper Sir Edward Nicholas Knight one of Our principal Secretaries of State Sir Edward Hyde Knight Chancellour and Under-Treasurer of Our Exchequer Sir Richard Lane chief Baron of Our said Exchequer Sir Thomas Gardiner Sir Orlando Bridgeman Mr. John Ashburnham and Mr. Jeffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premises and do hereby give unto them and to any Ten or more of them full power and authority to meet and on Our part to Treat with Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Bafil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Esquires Sir Henry Vane the younger Knight Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and
John Earl of Lowdon Lord Chancellour of Scotland Archibald Marquess of Argyle John Lord Maitland John Lord Balmerino Sir Archibald Johnston Sir Charles Erskin George Dundas Sir John Smith Mr. Hugh Kennedy and Mr. Robert Barclay for the Estates of the Parliament of Scotland together with Master Alexander Henderson upon the Propositions concerning Religion or with any Ten or more of them upon and touching the matters contained in the said Propositions Answers and Messages or any other according to the manner and agreement therein specified or otherwise as they or any Ten or more of them shall think fit and to take all the premises into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any Ten or more of them in their wisdoms shall think fit and upon the whole matter to conclude a safe and well-grounded Peace if they can And whatsoever they or any Ten or more of them shall do in the premises We do by these presents ratifie and confirm the same Given at Our Court at Oxford the eight and twentieth day of January in the Twentieth year of Our Reign 1644. Their Commission to the English Commissioners Die Martis 28. January 1644. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam Their Commission to the Scots Commissioners AT Edenburgh the saxteÃnt day of Julii the Èeir of God M. Vj c fourty four Èeires The Estaites of Parliament presentlie conveined be vertew of the last act of the last Parliament haldin by His Majesty and thrie Estaites in Anno 1641. considdering that this Kingdome efter all uther meanes of supplicationnes Remonstrances and sending of Commissionaris to His Majesty have bein used without successe did enter into a solemne League and Covenant with the Kingdom and Parliament of England for Reformationne and defence of Religionne the Honor and Happines of the King the Peace and Safety of the thrie Kingdoms of Scotland England and Ireland and ane Treattie aggried upon and ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaites of this Kingdome the nynt of Jannuary last being desirous to use all good and lawful meanes that Treuth and Peace might be established in all His Majesty's Dominions with such a blessed Pacificationne betwixt His Majesty and His Subjectis as might serve most for His Majesty's trew Honor and the Safety and Happines of His People granted Commissione to Johne Erle of Lowdonne Heigh Chancellor of Scotland Johne Lord Maitland than and Èit in England Sir Archibald Johnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with powar to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commissione and Instructiones than givin to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Johne Lord of Maitland Sir Archibald Johnestounne and Maister Robert Barclay have evir sinceattendit in England in the discharge of the foirsaid Commissione qunhil lately that Sir Archibald Johnestounne returned with some Propositiones prepaired by the Committie of both Kingdomes to be presented to the Estaites of Scotland and to both Howss of the Parliament of England and by thame to be revised and considderit and than by mutual advyse of both Kingdomes to be presented for ane safe and weill-grounded Peace Qwhilkies Propositiones ar revised and considderit and advysed be the Estaites of Parliament now conveined and their sense and resultis drawin up yrupone Whiche Commissione is to endure while the comming of the Commissionaris underwrittin And heirewith also considderin that the endis for the whilk the samen was granted ar not Èit effectuate and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned toye Parliament of England thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Johne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Arg yle and Johne Lord Balmerino for the Nobility Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Maister George Dundas of Maner for the Barrones Sir Johne Smyth of Grottel Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estaites of yis Kingdom and to Johne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estaite as Commissionaris from the Estaites of Parliament of this Kingdome to repaire to the Kingdome of England sick of them as ar not thair already and with powar to thameor any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon and all such uyr materis concerning the good of bothe Kingdomes as ar or sall be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof according to the Instructiones givin or to be givin to the Commissionaris abovenameit or thair quorums And for this effect the Estaites Ordeanes Johne Erle of Lowdonne Chancellor Johne Lord Balmerino Sir Archibald Johnestounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all diligence to the Kingdome of England to the essect before rehearsit conforme to this Commissione and Instructiones As also the Estaites Ordeanes ye saides Archibald Marqueis of Argyle Maister George Dundas of Maner and Sir Johne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conveniencie as the occasione of
ye businesse shall require or as they sall be commandit ather be the Committie from the Parliament heir they being in Scotland or be the Committie with the Army they being in England And Ordeanes thame to joyne with the remanent Commissionaris to the effect above-mentionat conforme to the Commissione and Instructiones givin or to be givin to the Commissionaris or thair quorums thairanent be the Estaites of this Kingdom or Committies yrof And the Estaites of Parliament be thir presentis haldis and sall halde firme and stable all and what summe ever thinges the Commissionaris abovenamit or any thrie or mae of thame sall do conforme to this Commissionne and to the Instructionnes givin or to be givin to thame Estractit furthe of the buikes of Parliament be me Sir Alexander Gibsonne of Dunrie Kynt Clerk of His Majesty's Registers and Rollis under my signe and subscriptione Manuel Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesty's Commissioners this Paper January the 30. VVE are directed by our Instructions to Treat with your Lordships upon the Propositions concerning Religion the Militia and Ireland three days apiece alternis vicibus during the space of twenty days from the 30 of January beginning first with the Propositions of Religion and accordingly we shall deliver unto your Lordships a Paper to morrow morning upon those Propositions Accordingly the Treaty did proceed upon those Subjects three days apiece alternis vicibus beginning with that of Religion upon Friday the last of January and so continuing Saturday the first and Monday the third of February which was after resumed Tuesday the 11. Wednesday the 12 and Thursday the 13. of February and again the two last days of the 20. And the like course was held touching the Militia and Ireland But because the Passages concerning each Subject severally will be more clearly understood being collected and disposed together under their several heads therefore all those which concern Religion the Militia and Ireland are put together And in like manner the Passages preparatory to the Treaty concerning the Commissions the Manner of the Treaty and a Seditious Sermon made the first day appointed for the Treaty and such as hapned in the Treaty touching His Majesty's Propositions the demands of farther time to Treat and other emergent Passages which have no relation to those of Religion the Militia and Ireland are in like manner digested under their several heads with their particular dates And first those which concern the Commissions Friday the last of January His Majesty's Commissioners delivered unto their Commissioners this Paper Ult. January VVE having perused the Power granted to your Lordships in the Paper delivered by the Earl of Northumberland and finding the same to relate to Instructions we desire to see those Instructions that thereby we may know what Power is granted to you and we ask this the rather because by the Powers we have seen we do not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. January BY our Instructions we or any Ten of us whereof some of either House of the Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present have power to Treat with your Lordships Their farther Answer ult Jan. VVHereas your Lordships have expressed unto us a desire of seeing our Instructions to know what Power is granted us and this the rather because you say you find not by what you have seen that in the absence of any one of our number we have power to Treat to this we return in Answer That since the Paper already delivered in by us declaring that by our Instructions any Ten of us whereof some of either House of Parliament of England and some of the Commissioners of the Kingdom of Scotland to be present had power to Treat with your Lordships hath not given you satisfaction in the particular of the Quorum we shall send unto the two Houses of Parliament to have the Quorum inserted in the Commission and do expect the return of it so amended within two or three days when we shall present it unto your Lordships But as for your desire in general to see our Instructions it is that for which we have no Warrant nor is it as we conceive at all necessary or proper for us so to do for that the Propositions upon which we now Treat have been already presented from the Parliaments of both Kingdoms unto His Majesty and whatsoever is propounded by us in order unto them is sufficiently warranted by what both Parliaments have done in the passing and sended of those Propositions and by the Commissions authorizing us to Treat upon them already shewn unto your Lordships so as there can be no need to shew any other Power Accordingly on Saturday the first of February they did deliver their Commission for the English Commissioners renewed as followeth Die Sabbati primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earl of Northumberland Philip Earl of Pembroke and Montgomery William Earl of Salisbury Basil Earl of Denbigh Thomas Lord Viscount Wenman Denzil Hollis William Pierrepont Sir Henry Vane junior Oliver St. John Bulstrode Whitelock John Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyn with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any Ten of them whereof some of either House of the Parliament of England and some of the Commissioners of the Parliament of Scotland are to be present to Treat with the Lord Duke of Richmond the Marquess of Hartford the Earl of Southampton the Earl of Kingston the Lord Dunsmore Lord Capel Lord Seymour Sir Christopher Hatton Sir John Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardner Master John Ashburnham and Master Jeffrey Palmer or any Ten of them upon the Propositions formerly sent to His Majesty for a safe and well-grounded Peace from His Majesty's humble and Loyal Subjects assembled in the Parliaments of both Kingdoms together with Doctor Steward upon the Propositions concerning Religion only and upon His Majesty's Propositions according to such Instructions as have been given to them or as they from time to time shall receive from both Houses of Parliament Jo. Browne Cler. Parliam The same last of January their Commissioners delivered to His Majesty's Commissioners this Paper January 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that you are authorized to Treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster and upon His Majesty's Answers Messages and Propositions to them and their Returns to His Majesty wherein we observe that the Propositions sent to His Majesty
unto the Kingdom of England by the Kingdom of Scotland upon the first Monthly allowance which shall grow due to the Scotish Army from the time they shall make their first entrance into the Kingdom of England 7. That the Kingdom of Scotland to manifest their willingness to their utmost ability to be helpful to their Brethren of England in this common Cause will give the Publick Faith of the Kingdom of Scotland to be joyntly made use of with the Publick Faith of the Kingdom of England for the present taking up of Two hundred thousand Pounds sterling in the Kingdom of England or elsewhere for the speedy procuring of the said Hundred thousand Pounds sterling as aforesaid as also a considerable sum for the satisfying in good proportion the Arrears of the Scotish Army in Ireland 8. That no Cessation nor any Pacification or Agreement for Peace whatsoever shall be made by either Kingdom or the Armies of either Kingdom without the mutual Advice and Consent of both Kingdoms or their Committees in that behalf appointed who are to have full Power for the same in case the Houses of the Parliament of England or the Parliament or Convention of Estates of Scotland shall not sit 9. That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England that neither their entrance into nor their continuance in the Kingdom of England shall be made use of to any other ends then are expressed in the Covenant and in the Articles of this Treaty and that all matters of difference that shall happen to arise between the Subjects of the two Nations shall be resolved and determined by the mutual Advice and Consent of both Kingdoms or by such Committees as for this purpose shall be by them appointed with the same Power as in the precedent Article 10. That in the same manner and upon the same conditions as the Kingdom of Scotland is now willing to aid and assist their Brethren of England the Kingdom of England doth oblige themselves to aid and assist the Kingdom of Scotland in the same or like cases of streights and extremities 11. Lastly it is agreed and concluded that during the time that the Scotish Army shall be imployed as aforesaid for the defence of the Kingdom of England there shall be fitted out as Men of War eight Ships whereof six shall be of Burthen betwixt One hundred and Twenty and two hundred Tun the other between three and four hundred Tun whereof two shall be in lieu of the two Ships appointed by the Irish Treaty all which shall be maintained at the charge of the Kingdom of England to be imployed for the defence of the Coast of Scotland under such Commanders as the Earl of Warwick for the time of his being Admiral shall nominate with the approbation of the Committees of both Kingdoms which Commanders shall receive from the said Earl general Instructions that they do from time to time observe the Directions of the Committees of both Kingdoms The Ordinance for calling the Assembly of Divines An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of Learned and Godly Divines and others to be consulted with by the Parliament for the settling of the Government and Liturgy of the Church of England and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations WHereas amongst the infinite Blessings of Almighty God upon this Nation none is or can be more dear unto us than the purity of our Religion and for that as yet many things remain in the Liturgy Discipline and Government of the Church which do necessarily require a further and more perfect Reformation than as yet hath been attained and whereas it hath been declared and resolved by the Lords and Commons assembled in Parliament that the present Church-government by Arch-bishops Bishops their Chancellours Commissaries Deans Deans and Chapters Arch-deacons and other Ecclesiastical Officers depending upon the Hierarchy is evil and justly offensive and burthensom to the Kingdom a great impediment to Reformation and growth of Religion and very prejudicial to the State and Government of this Kingdom and that therefore they are resolved that the same shall be taken away and that such a Government shall be settled in the Church as may be most agreeable to Gods Holy Word and most apt to procure and preserve the Peace of the Church at home and nearer agreement with the Church of Scotland and other reformed Churches abroad and for the better effecting hereof and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions it is thought fit and necessary to call an Assembly of Learned Godly and Judicious Divines who together with some Members of both the Houses of Parliament are to consult and advise of such matters and things touching the Premisses as shall be proposed unto them by both or either of the Houses of Parliament and to give their Advice and Counsel therein to both or either of the said Houses when and as often as they shall be thereunto required Be it therefore ordained by the Lords and Commons in this present Parliament assembled That all and every the Persons hereafter in this present Ordinance named that is to say Algernon Earl of Northumberland William Earl of Bedford Philip Earl of Pembroke and Montgomery William Earl of Salisbury Henry Earl of Holland Edward Earl of Manchester William Lord Viscount Say and Seal Edward Lord Viscount Conway Philip Lord VVharton Edward Lord Howard of Escr John Selden Esquire Francis Rous Esquire Edmund Prideaux Esquire Sir Henry Vane Knight senior John Glyn Esquire Recorder of London John VVhite Esquire Bulstrode VVhitelock Esquire Humphry Salway Esquire Mr. Serjeant VVild Oliver Saint-John Esquire His Majesties Sollicitor Sir Benjamin Rudyard Knight John Pym Esquire Sir John Clotworthy Knight John Maynard Esquire Sir Henry Vane Knight junior VVilliam Pierrepont Esquire William VVheeler Esquire Sir Thomas Barrington Knight VValter Young Esquire Sir John Evelin Knight Herbert Palmer of Ashwel Batchelor in Divinity Oliver Bowles of Sutton Batchelor in Divinity Henry VVilkinson of VVaddesdon Batchelor in Divinity Thomas Valentine of Chalfont-Giles Batchelor in Divinity Doctor VVilliam Twisse of Newbury VVilliam Raynor of Egham Master Hannibal Gammon of Maugan Mr. Jasper Hicks of Lawrick D. Joshua Hoyle late of Dublin in Ireland VVilliam Bridges of Yarmouth Thomas VVincop of Ellesworth Doctor in Divinity Thomas Goodwin of London Batchelor in Divinity John Ley of Budworth in Cheshire Thomas Case of London John Pyne of Bereferrers Master VVhidden of Mooreton D. Richard Love of Ekington D. VVilliam Gouge of Blackfriers London D. Ralph Brownrigge Bishop of Exceter D. Samuel Ward Master of Sidney Colledge John White of Dorchester Edward Peal of Compton Stephen Marshall of Finchingfield Batchelor in Divinity Obadiah Sedgewick of Cogshall Batchelor in Divinity M. Carter Peter Clark of Carnaby William Mew of Estington Batchelor in Divinity
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
your Majesties Letter of the tenth of August instant Westminster 25. Aug. 1648. Your Majesties most loyal and most humble Subjects and Servants Manchester Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons Die Jovis 24. Aug. 1648. Resolved upon the Question by the Lords and Commons in Parliament assembled That for opening a way towards a Treaty with his Majesty for a safe and well-grounded Peace these four Votes following are hereby revoked and taken off viz. 1. Resolved That the Lords and Commons do declare That they will make no further Addresses or Applications to the King 2. Resolved by the Lords and Commons assembled in Parliament That no Application or Addresses be made to the King by any person whatsoever without the leave of both Houses 3 Resolved by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the penalties of high Treason 4. Resolved That the Lords and Commons do declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Resolved by the Lords and Commons That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him during this Treaty they not being persons excepted by the Houses from Pardon or under restraint or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court Resolved That the Houses do agree that such Domestick Servants not being in the former Limitations as his Majesty shall appoint to come to attend upon his Majesties Person shall be sent unto him Resolved That the Town of Newport in the Isle of Wight named by the King shall be the Place for this Treaty with his Majesty Resolved That if the King shall think fit to send for any of the Scotish Nation to advise with him concerning the Affairs of the Kingdom of Scotland only the Houses will give them a safe Conduct they not being persons under restraint in this Kingdom or in actual War against the Parliament by Sea or Land or in such numbers as may draw any just cause of suspicion Resolved That Five Lords and Ten Members of the House of Commons be Commissioners to Treat with the King Resolved That the time of beginning the Treaty be within ten days after the Kings Assent to Treat as is agreed and to continue forty days after the beginning thereof Resolved That his Majesty be desired to pass his Royal Word to make his constant Residence in the Isle of Wight from the time of his Assenting to Treat until twenty days after the Treaty be ended unless it be otherwise desired by both Houses of Parliament and that after his Royal Word so passed and his Assent given to Treat as aforesaid from thenceforth the former Instructions of the 16. of November 1647. be vacated and these observed and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight according as is formerly expressed and shall certifie the same to both Houses His MAJESTIES Answer to the Votes For the Earl of Manchester Speaker of the House of Peers pro tempore and William Lenthal Speaker of the House of Commons Carisbrook Monday 28. August 1648. MY Lord and Master Speaker I have received your Letter of the 25. of this Month with the Votes that you sent Me which though they are not so full as I could have wished for the perfecting of a Treaty yet because I conceive by what you have done that I am in some measure fit to begin one such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions as I accept the Treaty and therefore desire that such five Lords and ten Commoners as My two Houses shall appoint be speedily sent fully Authorized and Instructed to Treat with Me not doubting but what is now wanting will at our meeting upon Debate be fully supplied not only to the furtherance of this Treaty but also to the consummating of a safe and well-grounded Peace So I rest Your good Friend CHARLES R. Here Inclosed I have sent you a List that ye have desired I desire in order to one of your Votes that ye would send Me a free pass for Parsons one of the Grooms of My Presence-Chamber to go into Scotland and that ye would immediately send him to Me to receive the Dispatch thither The List Duke Richmond Marq. Hartford Earl Lindsey Earl Southampton Gentlemen of My Bed-Chamber George Kirke James Leviston Henry Murrey John Ashburnham William Leg Grooms of My Bed-Chamber Thomas Davise Barber Hugh Henne Humph. Rogers William Levett Pages of My Back-Stairs Rives Yeoman of My Robes Sir Ed. Sidenham Robert Terwitt John Housden Querries with four or six of My Footmen as they find fittest to wait Mistress Wheeler Landress with such Maids as she will chuse Parsons a Groom of My Presence Sir Fulke Grevill Captain Titus Captain Burroughs Master Cresset Hansted Ab. Dowsett Firebrace to wait as they did or as I shall appoint them Bishop of London Bishop of Salisbury Doctor Shelden Doctor Hammond Doctor Holdsworth Doctor Sanderson Doctor Turner Doctor Heywood Chaplains Sir Thomas Gardiner Sir Or. Bridgman Sir Ro. Holbourne Mr. Geffrey Palmer Mr. Thomas Cooke Mr. J. Vaughan Lawyers Sir Edward Walker Mr. Phil. Warwick Nic. Oudart Charles Whitaker Clarks and Writers Peter Newton Clem. Kinersley to make ready the House for Treating A Letter from the Speakers of both Houses to His MAJESTY Sept. 2. MDCXLVIII With the Names of their Committee to Treat with Him YOur two Houses of Parliament have commanded us to acquaint Your Majesty that they have appointed the Earl of Northumberland the Earl of Pembroke the Earl of Salisbury the Earl of Middlesex and the Lord Viscount Say and Seale Members of the House of Peers and Thomas Lord Wenman Master Denzil Hollis Master William Pierrepont Sir Henry Vane junior Sir Harbottle Grimston Master Samuel Brown Master John Crew Master Recorder of the City of London Sir John Potts Master John Bulkeley Members of the House of Commons to Treat with Your Majesty at Newport in the Isle of Wight And though they cannot come within the time appointed yet they shall give their attendance with all convenient speed 2. Septemb. 1648. Your Majesties most loyal and humble Servants Hunsdon Speaker of the House of Peers pro tempore William Lenthal Speaker of the House of Commons His MAJESTIES Answer to both Speakers For the Lord Hunsdon Speaker of the House of
of the Archbishop Abbot who was then with the Prince and the Duke and other of the Nobility waiting in the Privy Chamber for the King 's coming out on his Brother's head adding That if He continued a good Boy and followed His Book he would make him one Day Archbishop of Canterbury Which the Child took in such disdain that He threw the Cap on the Ground and trampled it under His Feet with so much eagerness that he could hardly be restrained Which Passion was afterward taken by some over-curious as a presage of the ruine of Episcopacy by His Power But the event shewed it was not ominous to the Order but to the Person of the Archbishop whom in his Reign he suspended from the Administration of his Office An. 1611 In his eleventh Year he was made Knight of the Garter An. 1612 and in the twelfth Prince Henry dying Novemb. 6. He succeeded him in the Dukedome of Cornwal and the Regalities thereof and attended his Funeral as Chief Mourner on Decemb. 7. On the 14th of Feb. following He performed the Office of Brideman to the Princess Elizabeth his Sister who on that Day was Married to Frederick V. Prince Elector Palatine the Gayeties of which Day were afterwards attended with many fatal Cares and Expences His Childhood was blemished with a supposed Obstinacy for the weakness of his Body inclining him to retirements and the imperfection of His Speech rendring Discourse tedious and unpleasant He was suspected to be somewhat perverse But more age and strength fitting Him for Manlike Exercises and the Publick Hopes inviting Him from his Privacies He delivered the World of such Fears for applying Himself to Action he grew so perfect in Vaulting riding the great Horse running at the Ring shooting in Cross-bows Muskets and sometimes in great Pieces of Ordnance that if Principality had been to be the Reward of Excellency in those Arts He would have had a Title to the Crown this way also being thought the best Marks-man and most graceful Manager of the great Horse in the three Kingdoms His tenacious humour He left with his Retirements none being more desirous of good Counsel nor any more Obsequious when he found it yea too distrustful of his own Judgment which the issue of things proved always best when it was followed When he was sixteen Years old An. 1616 on Nov. 3. He was created Prince of Wales Earl of Chester and Flint the Revenues thereof being assigned to maintain his Court which was then formed for Him And being thus advanced in Years and State it was expected that He should no longer retain the Modesty which the Shades of his Privacy had accustomed Him unto but now appear as the immediate Instrument of Empire and that by Him the Favours and Honours of the Court should be derived to others But though Providence had changed all about yet it had changed nothing within Him and He thought it Glory enough to be great without the diminution of others for He still permitted the Ministry of State to His Father's Favourites which gave occasion of Discourse to the Speculativi Some thought He did it to avoid the Jealousies of the Old King which were conceived to have been somewhat raised by the popularity of Prince Henry whose breast was full of forward Hopes For Young Princes are deemed of an impatient Ambition and Old ones to be too nice and tender of their Power in which though they are contented with a Successor as they must have yet are afraid of a Partner And it was supposed that therefore King James had raised Car and Buckingham like Comets to dim the lustre of these rising Stars But these were mistaken in the nature of that King who was enclined to contract a private friendship and was prodigal to the Objects of it before ever he had Sons to divert his Love or raise his Fears Some that at a distance looked upon the Prince's actions ascribed them to a Narrowness of Mind and an Incapacity of Greatness while others better acquainted with the frame of his Spirit knew His prudent Modesty enclined Him to learn the Methods of Commanding by the practice of Obedience and that being of a peaceful Soul He affected not to embroil the Court and from thence the Kingdom in Factions the effects of impotent minds which He knew were dangerous to a State and destructive to that Prince who gives Birth unto them that therefore He chose to wait for a certain though delayed Grandeur rather then by the Compendious way of Contrasts get a precocious Power and leave too pregnant an Example of Ruine Others conceived it the Prudence of the Father with which the Son complyed who knew the true use of Favourites was to make them the objects of the People's impatience the sinks to receive the Curses and Anger of the Vulgar the Hatred of the Querulous and the Envy of unsatisfied Ambition which he would rather have fall upon Servants that His Son might ascend the Throne free and unburthened with the discontents of any This was the rather believed because He could dispence Honours where and when He pleased as He did to some of His own Houshold as Sir Robert Cary was made Lord Cary of Lepington Sir Thomas Howard Viscount Andover and Sir John Vaughan Lord of Molingar in Ireland The Evenness of His Spirit was discovered in the loss of His Mother An. 1618 whose Death presaged as some thought by that notorious Comet which appeared Nov. 18. before happened on March 2. Anno 1618. which He bewailed with a just measure of Grief without any affected Sorrows though she was most affectionate to Him above all her other Children and at her Funeral he would be chief Mourner The Death of the Queen was not long after followed with a sharp Sickness of the King wherein his Life seeming in danger the consequences of his Death began to be lamented Dr Andrews then Bishop of Ely bewailed the sad Condition of the Church if God should at that time determine the days of the King The Prince being then only conversant with Scotch men which made up the greatest part of his Family and were ill-affected to the Government and Worship of the Church of England Of this the King became so sensible that he made a Vow If God should please to restore his Health he would so instruct the Prince in the Controversies of Religion as should secure His affections to the present Establishment Which he did with so much success as he assured the Chaplains who were to wait on the Prince in Spain that He was able to moderate in any emergent Disputations which yet he charged them to decline if possible At which they smiling he earnestly added That CHARLES should manage a Point in Controversy with the best-studied Divine of them all In His 19th Year An. 1619 on March 24. which was the Anniversary of King James's coming to the Crown of England He performed a Justing at White-hall together with several of
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
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His Majesty in the name of both Houses that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Domiion of Wales and in Cornwal and Devon and they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seal William Pierrepont Esque Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees attending His Majesty upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesty's third Article in this manner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Houses of Parliament You shall humbly present to His Majesty the Reasons herewithal sent from both Houses for their not assenting to those Alterations and Additions to the Articles of Cessation offered by His Majesty You shall press the force of those Reasons or any other as there shall be occasion in the best manner you may to procure His Majesties assent to those Articles of Cessation which if you shall obtain within two days after the day of the receit hereof you shall in the name of both Houses of Parliament agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the twenty fifth of March and upon a day certain as soon as may be when the same shall first begin and be of force within which time notice is to be given as well by His Majesty as by the Lords and Commons to the several Generals Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles And after such conclusion made you shall take care that those Articles be past under the Great Seal in a fitting and effectual manner and speedily sent up to the Lords and Commons in Parliament with four Duplicates of the same at least If His Majesty shall please to agree upon the two Propositions concerning His own Revenues Towns Forts Magazines and Ships and the disbanding of the Armies you are then authorized fully to agree and conclude upon those Propositions according to your Instructions and you shall desire His Majesty that the same may be forthwith put in execution according to the Instructions formerly given in that behalf and the two Houses will be ready to put in execution what is to be performed on their part of which you have hereby power to assure His Majesty And if His Majesty shall not be pleased to agree upon those two Propositions within the time of four days you shall then speedily give advertisement to the two Houses of Parliament that thereupon they may give such further direction as to them shall seem fit Josh Brown Cler. Parliamentorum Reasons for the Committee Martii 27. 1643. To the Kings most Excellent Majesty THe Lords and Commons in Parliament assembled do with all humble thankfulness acknowledge Your Majesty's Favour in the speedy admission of their Committee to Your Royal Presence and the expedition of Your Exceptions to their Articles that so they might more speedily endeavour to give Your Majesty satisfaction and although they were ready to agree to the Articles of Cessation in such manner as they exprest in their Preface they cannot agree to the Alteration and Addition offered by Your Majesty without great prejudice to the Cause and danger to the Kingdom whose Cause it is The reasons whereof will plainly appear in the Answer to the particulars prest by Your Majesty I. They do deny that they have restrained any Trade but to some few of those places where Your Majesty's Forces are inquartered and even now in the heat of War do permit the Carriers to go into all the parts of the Kingdom with all sorts of Commodities for the use of the Subjects except Arms Ammunition Mony and Bullion But if they should grant such a free Trade as Your Majesty desired to Oxford and other places where Your Forces remain it would be very difficult if not impossible to keep Arms Ammunition Mony and Bullion from passing into Your Majesty's Army without very strict and frequent Searches which would make it so troublesome chargeable and dangerous to the Subjects that the question being but for twenty days for so few places the Mischiefs and Inconveniences to the whole Kingdom would be far greater than any Advantage which that small number of Your Subjects whom it concerns can have by it The case then is much otherwise than is exprest by Your Majesty's Answer for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the Cessation the truth is that they do grant it as fully to the benefit of the Subject even in time of War and that Your Majesty in pressing this for the Peoples good doth therein desire that which will be very little beneficial to the Subjects but exceeding advantagious to Your Majesty in supplying Your Army with many necessaries and making Your Quarters a staple for such Commodities as may be vented in the adjacent Counties and so draw Mony thither whereby the Inhabitants will be better enabled by Loans and Contributions to support Your Majesty's Army And as Your Majesty's Army may receive much Advantage and the other Army much Danger if such freedom should be granted to those places so there is no probability that the Army raised by the Lords and Commons shall have any return of Commodities and other Supplies from thence which may be useful for them And they conceive that in a Treaty for a Cessation those demands cannot be thought reasonable which are not indifferent that is equally advantagious to both parties As they have given no interruption to the Trade of the Kingdom but in relation to the supply of the contrary Army which the reason of War requires so they beseech Your Majesty to consider whether Your Souldiers have not robbed the Carriers in several parts where there hath been no such reason and Your Ships taken many Ships to the great damage not only of particular Merchants but of the whole Kingdom and whether Your Majesty have not declared Your own purpose and endeavoured by Your Ministers of State to embarque the Merchants goods in Forein parts which hath been in some measure executed upon the East-land Merchants in Denmark and is a course which will much diminish the Wealth of the Kingdom violate the Law of Nations make other Princes Arbiters of the Differences betwixt Your Majesty and Your People break off the intercourse betwixt this and other States and like to bring us into quarrels and dissentions with all the neighbour-Nations II. To demand the approving of the Commanders of the Ships is to desire the strength of one party to the other before the difference be ended and against all Rules of Treaty To make a Cessation at Sea would leave the Kingdom naked to those Forein Forces which they have great cause to believe have been sollicited against them and the Ports open for such supplies of Arms and Ammunition as shall be brought from beyond the Seas But for conveying any number of Forces by those means from one part to another they
might have been suddenly and speedily resolved and that long before this time And if the expressions of both Houses in their Reasons had not necessitated His Majesty in His own defence to give such Answers as could not upon those points deliver Truth without some shew of Sharpness no Expression of that kind in His Majesty's Answer had given any pretence for the rejection of or refusing so much as to treat upon this Cessation which though it were at present for no long time yet was from the day named by themselves the 25 of March whereas His Majesty first moved for a Cessation and Treaty without any limitation at all in the time of either and His Majesty was most ready to have enlarged the time so that in the mean while the point of Quarters might be so settled as that His Armies might subsist and which might have been if they had pleased a very good and promising earnest and fore-runner of that great blessing of Peace for the obtaining of which the wishes and endeavours of all good men being earnestly bent a farther debate in order to so great a Benefit did not deserve to be styled a consumption of time And His Majesty cannot but conceive Himself to be in a strange condition if the doubtfulness of Expressions which must always be whilst the Treaty is at such a distance and power is denied to those upon the place to help to clear and explain or His necessary Replying to charges laid upon Him that He might not seem to acknowledge what was so charged or the limitation of the time of seven days for the Treaty which was not limited by His Majesty who ever desired to have avoided that and other limitations which have given great interruptions to it should be as well believed to be the grounds as they are made the arguments of the rejection of that which next to Peace it self His Majesty above all things most desires to see agreed and settled and which His Majesty hopes if it may be yet agreed on will give His People such a taste of such a Blessing that after a short time of consideration and comparing of their several conditions in War and Peace and what should move them to suffer so much by a Change they will not think those their friends that shall force them to it or be themselves ready to contribute to the renewing of their former Miseries without some greater evidence of Necessity than can appear to them when they shall have seen as they shall see if this Treaty be suffered to proceed that His Majesty neither asks nor denies any thing but what not only according to Law He may but what in Honour and care of His People he is obliged to ask or deny And this alone which a very short Cessation would produce His Majesty esteems a very considerable advantage to the Kingdom and therefore cannot but press again and again that whatever is thought doubtful in the expressions of the Articles may as in an hour it may well be done be expounded and whatsoever is excepted at may be debated and concluded and that Power and Instructions may be given to the Committee to that end that the miserable effects of War the effusion of English blood and desolation of England until they can be totally taken away may by this means be stayed and interrupted His Majesty supposes that when the Committee was last required to desire His Majesty to give a speedy and positive Answer to the first proposition concerning Disbanding His Answers in that point to which no Reply hath been made and which He hopes by this time have given satisfaction were not transmitted and received but wonders the Houses should press His Majesty for a speedy and positive Answer to the first part of their first Proposition concerning Disbanding when to the second part of the very same Proposition concerning His Return to both Houses of Parliament they had not given any Power or Instructions to the Committee so much as to treat with His Majesty and when His Majesty if His desire of Peace and of speeding the Treaty in order to that had not been prevalent with Him might with all manner of Justice have delayed to begin to treat upon one part until they had been enabled to treat upon the other In which point and for want of which power from them the only stop now remains His Majesty's Answers to both parts of their first Proposition being given in transmitted and yet remaining unanswered To which until the Houses shall be at leisure to make Answer that as little delay in this Treaty as is possible may be caused by it His Majesty desires likewise that the Committee may be enabled to treat upon the following Propositions in their several orders A Letter from both Houses April 8. WE have sent unto you by this Gentleman Sir Peter Killegrew some additional Instructions by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken upon the Papers which they received this day from you This is all we have in command and remain Your Lordship 's humble Servants Manchester Speaker of the House of Peers pro tempore Will. Lenthall Speaker of the Commons House in Parliament Westminster this 8 of April 1643. Instructions concerning the Insisting received April 9. 1643. Additional Instructions for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esquire Sir William Armyne and Sir John Holland Baronets Bulstrode Whitelocke Esquire Committees from both Houses attending His Majesty at Oxford Magazines and enlarging the time THE two Houses of Parliament are unsatisfied with His Majesty's Answer to that Clause of the first Proposition which concerns the Magazines Wherefore you are to desire His Majesty to make a further Answer in such manner as is exprest in the Instructions formerly given you and you shall let His Majesty know That the Lords and Commons do not think fit to enlarge the time of the Treaty beyond the twenty days formerly limited Cinque-Ports Towns Forts and Castles They likewise remain unsatisfied with His Majesty's Answer concerning the Cinque-Ports Towns Forts and Castles being in the most material points an express Denial Wherefore you are to insist upon their desire for another Answer according to your Instructions Ships They observe in His Majesty's Answer concerning the Ships not only a Denial to all the desires of both Houses but likewise a Censure upon their proceedings However you are to insist upon their desires expressed in your Instructions Disbanding They further conceive that His Majesty's Answer to their first Proposition concerning the Disbanding is in effect a Denial unless they desert all those cautions and limitations which they have desired in their Answer to His Majesty's first Proposition Wherefore you are to proceed insisting upon that part of their first Proposition concerning the Disbanding according to your Instructions KING's Return to the Parliament You shall declare to His Majesty
D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
which Penalties to be levied and disposed in such manner as both Houses shall agree on wherein to be provided that His Majesty shall have no loss IX That an Act be passed in Parliament whereby the practices of Papists against the State may be prevented and the Laws against them duly executed and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this Kingdom X. The like for the Kingdom of Scotland concerning the four last preceding Propositions in such manner as the Estates of Parliament there shall think fit XI That the King do give His Royal Assent To an Act for the due Observation of the Lords day And to the Bill for the suppression of Innovations in Churches and Chappels in and about the Worship of God and for the better advancement of the Preaching of God's holy Word in all parts of this Kingdom And to the Bill against the enjoying of Pluralities of Benefices by Spiritual Persons and non-Residency And to an Act to be framed and agreed upon by both Houses of Parliament for the reforming and regulating of both Universities of the Colleges of Westminster Winchester and Eaton And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes this Act to be perpetual And to an Act for the taking the Accompts of the Kingdom And to an Act to be made for relief of sick and maimed Souldiers and of poor Widows and Children of Soldiers And to such Act or Acts for raising of Moneys for the payment and satisfying of the publick Debts and Damages of the Kingdom and other publick uses as shall hereafter be agreed on by both Houses of Parliament And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries and all Wardships Liveries Primer seisins and Ouster le maines and all other charges incident or arising for or by reason of Wardship Livery Primer seisin or Ouster le main And for the taking away of all Tenures by Homage and all Fines Licences Seisures and Pardons for Alienation and all other charges incident thereunto and for turning of all Tenures by Knights service either of His Majesty or others or by Knights service or soccage in Capite of His Majesty into free and common Soccage and that His Majesty will please to accept in recompence hereof 100000 pounds per annum And give Assurance of His consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Council and Conservatory of Peace and the Commissioners for the common Burthens and assembled the 22 day of June 1643. and several times continued since in such manner and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient XII That an Act be passed in the Parliament of both Kingdoms respectively for confirmation of the Treaties passed betwixt the two Kingdom viz. the large Treaties the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Berwick of the 29. of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. with all other Ordinances and Proceedings passed betwixt the two Kingdoms in pursuance of the said Treaties XIII That an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the prosecution of the War of Ireland in both Houses of Parliament to be managed by the joynt advice of both Kingdoms and the King to assist and to do no Act to discountenance or molest them therein XIV That an Act be passed in the Parliament of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30. of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. That the Persons who shall expect no Pardon be only these following RUPERT and MAURICE Count Palatines of the Rhene James Earl of Derby John Earl of Bristol William Earl of Newcastle Francis Lord Cottington John Lord Pawlet George Lord Digby Edward Lord Littleton William Laud Arch-Bishop of Canterbury Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Dery Sir John Biron Knight William Widdrington Colonel George Goring Henry Jermin Esq Sir Ralph Hopton Sir Francis Doddington M. Endymion Porter Sir George Ratcliffe Sir Marmaduke Langdale Sir John Hotham Captain John Hotham his Son Sir Henr Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddel Junior Colonel ..... Ware Sir John Strangwaies Sir John Culpeper Sir Richard Floyd John Bodvile Esq Mr. David Jenkins Sir George Strode Sir Alexander Carew Marquiss of Huntley Earl of Montross Earl of Niddisdale Earl of Traquaire Earl of Carnewath Viscount of Aubayne Lord Ogilby Lord Rae Lord Harris Lodwick Lindsey sometime Earl of Crawford Patrick Ruthen sometime Earl of Forth James King sometime Lord Ethyn Irving younger of Drunim Gordon younger of Gight Lesly of Auchintoule Sir Robert Spotswood of Dumipace Colonel John Cockram Master John Maxwel sometime pretended Bishop of Ross Master Walter Balcanquall and all such others as being processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom 3. All persons who have had any hand in the plotting designing or assisting the Rebellion in Ireland 4. That Humphry Bennet Esq Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Lee Sir John Pate John Ackland Edmund Windham Esquires Sir John Fitz-herbert Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esq Sir William Russel of Worcestershire Thomas Lee of Adlington Esq Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Lyddel Senior Sir Philip Musgrave Sir John Digby of Nottingh Sir Henry Fletcher Sir Richard Minshal Laurence Halsteed John Denham Esquires Sir Edmund Fortescue Peter St. Hill Esq Sir Tho. Tildesly Sir Hen. Griffith Michael Wharton Esq Sir Hen. Spiller Sir George Benion Sir Edward Nicholas Sir Edward Walgrove Sir Edward Bishop Sir Robert Owsly Sir John Maney Lord Cholmely Sir Thomas Aston Sir Lewis Dives Sir Peter Osborn Samuel Thorneton Esq Sir John Lucas John Blomey Esq Sir Thomas Chedle Sir Nicholas Kemish and Hugh Lloyd Esq and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their Proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents and that the
Sir Edward Laurence Sir Ralph Dutton Henry Lingen Esquire Sir William Russell of Worcestershire Thomas Lee of Adlington Esquire Sir John Girlington Sir Paul Neale Sir William Thorold Sir Edward Hussey Sir Thomas Liddal sen Sir Philip Musgrave Sir John Digby of Nottinghamshire Sir Henry Fletcher Sir Richard Minshull Laurence Halstead John Denham Esquire Sir Edmond Fortescue Peter Sainthill Esquire Sir Thomas Tildesley Sir Henry Griffith Michael Wharton Esq Sir Henry Spiller Mr. George Benyon now called Sir George Benyon Sir Edward Walgrave Sir Edward Bishop Sir Robert Owseley Sir John Many Lord Chomley Sir Thomas Aston Sir Lewis Dives Sir Peter Osbourne Samuel Thornton Esq Sir John Lucas John Blaney Esque Sir Thomas Chedle Sir Nicholas Kemish Hugh Lloyd Esquire Sir Nicholas Crispe Sir Peter Ricaut and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings or have sworn or subscribed the Declaration against the Convention and Covenant and all such as have assisted the Rebellion in the North or the Invasion in the South of the said Kingdom of Scotland or the late Invasion made there by the Irish and their Adherents be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of the Parliament of England or the Estates in the Parliament of Scotland respectively bear any Office or have any Imployment concerning the State or Common-wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England or the Estates of the Parliament in Scotland respectively shall think fit and that one full third part upon full value of the Estates of the persons aforesaid made incapable of Imployment as aforesaid be imployed for the payment of the Publick Debts and Damages according to the Declaration 1. Branch That the late Members or any who pretended themselves late Members of either House of Parliament who have not only deserted the Parliament but have also sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and voted both Kingdoms Traitors and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without Advice and Consent of both Kingdoms bear any Office or have any imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon by his Majesty and their Estates to be disposed as both Houses of Parliament in England or the Estates of the Parliament of Scotland respectively shall think fit 2. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have sate in the unlawful Assembly at Oxford called or pretended by some to be a Parliament and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels and restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State of Common wealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of the Parliament of England shall think fit 3. Branch That the late Members or any who pretended themselves Members of either House of Parliament who have deserted the Parliament and adhered to the Enemies thereof and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels and be restrained from coming within the Verge of the Court and that they may not without the Advice and Consent of both Houses of Parliament bear any Office or have any Imployment concerning the State or Commonwealth and in case any of them shall offend therein to be guilty of high Treason and incapable of any Pardon from his Majesty and their Estates to be disposed as both Houses of Parliament in England shall think fit 5. Qualification That all Judges and Officers towards the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any place of Judicature or Office towards the Law Common or Civil and that all Serjeants Counsellours and Attorneys Doctors Advocates and Proctors of the Law Common or Civil who have deserted the Parliament and adhered to the Enemies thereof be incapable of any practice in the Law Common or Civil either in publick or private and shall not be capable of any Preferment or Imployment in the Commonwealth without the Advice and Consent of both Houses of Parliament and that no Bishop or Clergy-man no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere or any Master of School or Hospital or any Ecclesiastical person who hath deserted the Parliament and adhered to the Enemies thereof shall hold or enjoy or be capable of any Preferment or Imployment in Church or Commonwealth but all their said several Preferments Places and Promotions shall be utterly void as if they were naturally dead nor shall they otherwise use their Function of the Ministry without Advice and Consent of both Houses of Parliament Provided that no Lapse shall incur by such Vacancy until six months past after notice thereof 6. Qualification That all persons who have been actually in Arms against the Parliament or have counselled or voluntarily assisted the Enemies thereof are disabled to be Sheriffs Justices of the Peace Majors or other head-Officers of any City or Corporation Commissioners of Oyer and Terminer or to sit or serve as Members or Assistants in either of the Houses of Parliament or to have any Military imployment in this Kingdom without the Consent of both Houses of Parliament 7. Qualification The persons of all others to be free of all personal Censure notwithstanding any act or thing done in or concerning this War they taking the Covenant 8. Qualification The Estates of those persons excepted in the first three precedent Qualifications and the Estates of Edward Lord Littleton and of William Laud late Archbishop of Canterbury to pay publick Debts and Damages 9. Qualification 1. Branch That two full parts in three to be divided of all the Estates of the Members of either House of Parliament who have not only deserted the Parliament but have also Voted both Kingdoms Traitors and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom 2. Branch That two full parts in three to be divided of the Estates
Days then the Duke had done in so many Months before But in the mean while Rochel was barricadoed to an impossibility of Relief Therefore the Earl of Lindsey who commanded the Forces after some gallant yet fruitless attempts returned to England and the Rochellers to the Obedience of the French King As Providence had removed the great Object of the Popular hate and as was pretended the chief Obstruction of the Subjects Love to their King the Duke of Buckingham so the King Himself labours to remove all other occasions of quarrel before the next Session He restores Archbishop Abbot who for his remissness in the Discipline of the Church had been suspended from his Office and was therefore the Darling of the Commons because in disgrace with the King so contrary are the affections of a corrupted State to those of their Governours to the administration of it again Dr Potter the great Calvinist was made Bishop of Carlisle Mr Mountague's Book of Appello Caesarem was called in Proclamations were issued out against Papists Sir Thomas Wentworth an active Leader of the Commons was toward the beginning of this Session as Sir John Savil had been at the end of the last called up into the Lord's House being made Viscount Wentworth and Lord President of the North. But the Honours of these Persons whose Parts the King who well understood Men thought worthy of His Favour and Employment seeming the rewards of Sedition and the spoils of destructive Counsels the Demagogues were more eager in the pursuit of that which these had attained unto by the like arts And therefore despising all the King 's obliging Practices in the next Session they assumed a Power of reforming Church and State called the Customers into question for Levying Tonnage and Poundage made now their Invectives as they formerly did against the Duke against the Lord Treasurer Weston so that it appeared that not the Persons of Men but the King's trust of them was the object of their Envy and His Favour though never so Vertuous marked them out for Ruine And upon these Points they raised the Heat to such a degree that fearing they should be dissolved e're they had time to vent their Passions they began a Violence upon their own Body an Example which lasted longer then their Cause and at last produced the overthrow of all their Priviledges They lock'd the Doors of the House kept the Key thereof in one of their own Pockets held the Speaker by strong Hand in the Chair till they had thundred out their Votes like dreadful Anathemaes against those that should levy and which was more ranting against such as should willingly pay the Tonnage and Poundage This Force the King went with His Guard of Pensioners to remove which they hearing adjourned the House and the King in the House of Lords declaring the Injustice of those Vipers who destroyed their own Liberties dissolved the Parliament While the Winds of Sedition raged thus furiously at home more gentle gales came from abroad The French King's Designs upon other Places required Peace from us and therefore the Signiory of Venice by her Ambassadors was moved to procure an Accord betwixt Charles and Lewis An. 1629 which the King accepted And not long after the Spaniard pressed with equal necessities desired Amity which was also granted The King being thus freed from His Domestick Embroilments and Foreign Enmities soon made the World see His Skill in the Arts of Empire and rendred Himself abroad more considerable then any of His Predecessors And He was more glorious in the Eyes of the good and more satisfied in His own Breast by confirming Peace with Prudence then if He had finished Wars with destroying Arms. So that His Scepter was the Caduceus to arbitrate the differences of the Potentates of Europe His Subjects likewise tasted the sweetness of a Reign which Heaven did indulge with all its favours but only that of valuing their Happiness While other Nations weltred in Blood His People enjoyed a Profound Peace and that Plenty which the freedom of Commerce brings along with it The Dutch and Easterlings used London as the surest Bank to preserve and increase their Trading The Spanish Bullion was here Coined which advantaged the King's Mint and encreased the Wealth of the Merchants who returned most of that Money in our Native Commodities While He dispensed these Blessings to the People An. 1630 Heaven was liberal to Him in giving Him a Son to inherit His Dominions May 29. An. 1630. which was so great matter of rejoycing to the People of uncorrupted minds that Heaven seemed also concerned in the Exultation kindling another Fire more than Ordinary making a Star to be seen the same day at noon From which most men presaged that that Prince should be of high Undertakings and of no common glory among Kings which hath since been confirmed by the miraculous preservation of Him and Heaven seemed to conduct Him to the Throne For this great Blessing the King gave publick Thanks to the Author of it Almighty God at St Paul's Church and God was pleased in a return to those thanks with a numerous Issue afterwards to increase this Happiness For neither Armies nor Navies are such sure props of Empire as Children are Time Fortune private Lusts or Errors may take off or change Friends but those that Nature hath united must have the same Interest especially in Royal Families in whose Prosperities strangers may have a part but their Adversities will be sure to crush their nearest Allies Prospering thus in Peace at home a small time assisted His frugality to get such a Treasure and gave Him leasure to form such Counsels as might curb the Insolence of His Enemies abroad He confederated with other Princes to give a check to the Austrian Greatness assisting by his Treasure Arms and Counsel the King of Sweden to deliver the oppressed German States from the Imperial Oppressions And when Gustavus's Fortune made him Insolent and he would impose unequal Conditions upon the Paltsgrave the King's Brother-in-law He necessitated him notwithstanding his Victories to more easie Articles The next year was notorious for two Tryals An. 1631 one of the Lord Audley Earl of Castlehaven who being accused by all the abused parts of his Family of a prodigious wickedness and unnatural uncleanness was by the King submitted to a Tryal by his Peers and by them being found guilty was condemned and his Nobility could be no patronage for his Crimes but in the King's eyes they appeared more horrid because they polluted that Order and was afterwards executed The other was of a Tryal of Combate at a Marshal's Court betwixt Donnold Lord Rey a Scottish High-lander and David Ramsey a Scottish Courtier The first accused the last to have sollicited him to a Confederacy with the Marquess Hamilton who was then Commander of some Forces in assistance of the King of Sweden in which Ramsey said all Scotland was ingaged but three and that their friends had gotten
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
same effect by the blessing of God which was often found in His Sacred Touch when living The Malice of His Enemies ended not with His Life For when His Body was carried to Saint James's to be opened they directed their Empericks to search for such Symptomes as might disgrace His Person or His Posterity But herein they were prevented by an honest Intruder who gave a true account of His sound and excellent Temperament Being imbalmed and laid in a Coffin of Lead to be seen for some days by the People at length upon Wednesday the seventh of February it was delivered to four of His Servants Herbert Mildmay Preston and Joyner who with some others in mourning equipage attended the Herse that night to Windsore and placed it in the Room which was formerly the Kings Bed-chamber Next day it was removed into the Deans Hall which was hung with black and made dark and Lights were set burning round the Herse About three afternoon the Duke of Richmond the Marquess of Harford the Earls of Southampton and Lindsey and the Bishop of London others that were sent to refusing that last Service to the best of Princes came thither with two Votes passed that Morning whereby the ordering of the King's Burial was committed to the Duke provided that the Expences thereof exceeded not five hundred pounds This Order they sheved to Colonel Whichcot the Governor of the Castle desiring that the Interrment might be in Saint George's Chappel and according to the form of the Common-Prayer The latter Request the Governour denied saying That it was improbable the Parliament would permit the use of what they had so solemnly abolished and therein destroy their own Act. The Lords replied That there was a difference betwixt destroying their own Act and dispensing with it and that no Power so binds its own hands as to disable it self in some cases But all prevailed not The Governour had caused an ordinary Grave to be digged in the body of the Church of Windsore for the Interment of the Corps which the Lords disdaining found means by the direction of an honest man one of the old Knights to use an artifice to discover a Vault in the middle of the Quire by the hollow sound they might perceive in knocking with a Staff upon that place that so it might seem to be their own accidental finding out and no person receive blame for the discovery This place they caused to be opened and entring saw one large Coffin of Lead in the middle of the Vanlt covered with a Velvet Pall and a lesser on one side supposed to be Henry the Eighth and His beloved Queen Jane Saint-Maure on the other side was room left for another probably intended for Queen Katherine Parre who survived Him where they thought fit to lay the King Hither the Herse was born by the Officers of the Garrison the four Lords bearing up the Corners of the Velvet Pall and the Bishop of London following And in this manner was this Great King upon Friday the ninth of February about three afternoon silently and without other Solemnity than of Sighs and Tears committed to the Earth the Velvet Pall being thrown into the Vault over the Coffin to which was fastened an Inscription in Lead of these words KING CHARLES 1648. CAROLI Primi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epitaphium 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 SIstas sacrilegum Pedem Viator Nè forsan temeres sacros sepulchri Augusti Cineres Repôc est In Terrae Gremio Decor Stupórque Humani Generis Senex Infans Prudens scilicet Innocésque Princeps Regni Praesidium Ruina Regni Vitâ Praesidium Ruina Morte Quem Regem potiùs Patrémve dicam O Patrem priùs deinde Regem Regem quippe Suî Patrémque Regni Hic Donúmque Dei DeÃque Cura Quem Vitáque refert refértque Morte Ringente Satanâ Canente Coelo Diro in Pegmate Gloriae Theatro Et Christi Cruce Victor Securi Baptistae emicuit Ruina Felix Quâ Divum Carolus secutus Agnum Et postliminiò domum vocatus Primaevae Patriae fit Inquilinus Sic Lucis priùs Hesperus Cadentis Resplendet modò Phosphorus Reversae Hic Vindex Fidei sacer Vetustae Cui par est nihil nihil secundum Naturae Typus absolutioris Fortunae Domitor ferendo suae Qui quantum Calicis bibit tremendi Tatundem sibi Gloriae reportat Regum Maximus unicúsque Regum In quo Res minima est fuisse Regem Solus qui superâ locatus Arce Vel Vitâ poterit frui priore Quum sint Relliquiae Cadaver Umbra Tam sacri Capitis vel ipsa sacra Ipsis Eulogiis coinquinata Quiaeque ipsum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prophanat Sistas sacrilegum Pedem Viator Tho. Pierce D. D. Coll. Magd. apud Oxon. Praeses An Elegy upon the Death of Our Dread Sovereign Lord King CHARLES the MARTYR COme come let 's Mourn all eyes that see this Day Melt into Showts and weep your selves away O that each private head could yield a Floud Of Tears whil'st Britain's Head streams out His Bloud Could we pay what His Sacred Drops might claim The World must needs be drowned once again Hands cannot write for Trembling let our Eye Supply the Quill and shed an Elegy Tongues cannot speak this Grief knows no such vent Nothing but Silence can be Eloquent Worlds are not here significant in This Our Sighs our Groans bear all the Emphasis Dread SIR What shall we say Hyperbole Is not a Figure when it speaks of Thee Thy Book is our best Language what to this Shall e're be added is Thy Meiosis Thy Name 's Text too hard for us no men Can write of it without Thy Parts and Pen. Thy Prisons Scorns Reproach and Poverty How could'st Thou bear Thou Meeker Moses how Was ever Lion bit with Whelps till now And did not roar Thou England's David how Did Shimei's Tongue not move Thee Where 's the Where is the King CHARLES is all Christian Man Rebell'd Thou mad'st Thy Passions to obey Hadst Thou regain'd Thy Throne of State by Power Thou hadst not then been more a Conqueror But Thou thine own Soul's Monarch art above Revenge and Anger Canst Thou tame Thy Love How could'st Thou bear Thy Queen's Divorce must She At once Thy Wife and yet Thy Widow be Where are Thy tender Babes once Princely bred Thy choicest Jewels are they Sequestred Where are Thy Nobles Lo in stead of these Base savage Villains and Thy Enemies Egyptian Plague 't was only Pharaoh's doom To see such Vermin in His Lodging-room What Guards are set what Watches do they keep They do not think Thee safe though lock'd in Sleep Would they confine Thy Dreams within to dwell Nor let Thy Fancy pass their Centinel Are Thy Devotions dangerous Or do Thy Prayers want a Guard These faulty too Varlets 't was only when they spake for You. But lo a Charge is Drawn a Day is set The silent LAMB is brought the Wolves are met Law is arraign'd of Treason Peace
This how strange and unexpected soever the Lords heard with patience and being desirous to remove all impediments and clear any mistakings that might retard or avert the resolutions of supplying his Majesty they seriously debated in the higher House what had been objected by the House of Commons and resolved first That their Lordships former voting That in their opinions His Majestie 's Supply should have precedence before all other matters was no breach of the Privileges of the House of Commons and secondly That it was no breach of the Privileges of the House of Commons for their Lordships to hear what His Majesty declared to them and thereupon to report the same to the House of Commons And to the end the House of Commons might have a right understanding of their Lordships proceedings their Lordships desired another Conference with them which was accordingly had on Friday the first of May in the Painted Chamber where by the Command of the Lords the Lord Keeper declared to the House of Commons That the Lords of the higher House had as in duty and affection to his Majestie 's Crown and Government they were bound taken into serious consideration the great and weighty motives of his Majestie 's calling this Parliament the great evils and calamities that hung over their heads and the apparent danger the Kingdom was like to run into if by speedy and fitting supply his Majesty were not enabled to prevent it how insupportable delay and protraction was and how impossible for both Houses to recover the loss of time in a matter of so pressing and urgent necessity that his Majesty had both in the higher House and in the banqueting house at White-Hall expressed his gracious and Princely desire to do all that from a just and gracious King might be expected whereby this Parliament might have a happy conclusion how his Majesty had promised all their just Grievances should be graciously heard and relieved that their Lordships were witnesses His Majesty had given His Royal word herein which their Lordships for their parts did as much trust and confide in as ever Subjects did It was also then further declared unto them That His Majesty had lately honoured their House with His presence again and had there renewed the remembrance of what had before been delivered to both Houses with the impossibility of admitting delay and the clearness of His Majestie 's intentions and resolutions to give all just satisfaction to what with reason could be desired of Him That His Majesty had taken notice of somewhat voted in the House of Commons concerning Religion Propriety of Goods and Liberty of Parliament by which His Majesty conceived the matter of His Supply set aside which He had so often and with such weight of reason desired might have precedence That His Majesty after very gracious assurances of His constant affection and zeal for true Religion and for preventing all Innovations therein relterating His often promises for relieving all their just Grievances with His Royal intentions in that particular of Ship-money which he found much stood upon was pleased to desire their Lordships as persons in rank and degree nearest Him in Honour as much or more concern'd than others and in the safety and prosperity of the Kingdom at least equally interessed with others that in a case of this great and important weight their Lordships would by their counsel and perswasion encline the House of Commons to give His Majesty a speedy answer and resolution in the matter of Supply That their Lordships had taken His Majestie 's desire into serious and dutiful consideration and upon great and solemn debate had only voted in these words We are of opinion that the matter of His Majestie 's Supply should have precedence and be resolved of before any other matter whatsoever and that they did think fit there should be a Conference dâ—sired with the House of Commons to dispose them thereunto which as it was just and honourable for their Lordships to do so it was no breach of any Privilege of the House of Commons For though their Lordships did admit that the Bill of Subsidies ought to begin in the House of Commons and when it is agreed unto by the Lords must be returned back and be by their Speaker presented and therefore their Lordships disclaimed to meddle with Subsidy or Supply by such beginning in the higher House or by naming the number of Subsidies times of payment or any such circumstances incident to a Bill yet their Lordships might confer and talk about Supplies in general and give their advice therein that being no whit derogatory to the Privileges of the House of Commons their Lordships in all reason being likelier to communicate in the Counsels and secrets of State as those that were nearer to the Royal Throne and having just cause therein to impart their fears and foresight of dangers to the House of Commons That such proceedings of their Lordships as they were grounded upon just and weighty reason so they were agreeable to ancient usage and custom and were fully justified by that establishment in Parliament mentioned by the House of Commons at the last Conference being made at Gloucester in the 9th year of Henry the Fourth and styled not The Indempnity of the Commons as had been said but The Indempnity of Lords and Commons And for the other breach of Privilege which had been objected their Lordships declared That His Majesty had told them the House of Commons had resolved something concerning those three heads of Religion Propriety of Goods and Privilege of Parliament How His Majesty knew of this resolution belonged not to their Lordships to enquire into their Lordship 's not medling with any thing that others said to the King but what the King said to them And that their Lordships were so far from holding it any violation of the Privileges of the House of Commons for their Lordships to hear what the King declared to them and for them thereupon to report the same to the House of Commons that on the contrary in duty to His Majesty their Lordships could do no other and the communicating of it was an argument of affection and desire of good correspondence with the House of Commons and merited no such misconstruction as had been made of it neither did that establishment in Parliament 9 H. 4. contain any words that could be construed to make their Lordships proceedings in this behalf any breach of the Privileges of the House of Commons Their Lordships proceedings and intentions being thus cleared the Lord Keeper by their Lordships command added further That their Lordships could not but return to their first grounds and resolutions which were in all fair and affectionate manner to stir up in those of the House of Commons the just consideration of those great and imminent Dangers that threatned the Kingdom at this time and how dangerous and irrecoverable delay was and withal to dispose them to take into their first and best
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
the way thereunto were not such as were reasonable and necessary for them to make and just and honourable for His Majesty to grant and whether His Majesty's Answers to these Propositions are satisfactory or correspondent to His Expression to have given up all the faculties of His Soul to an earnest endeavour of a Peace and Reconciliation with His People But they must confess that they had just cause to suspect that this would be the happy issue of the Treaty for the prevalency of the enemies thereof who like that evil Spirit do most rage when they think they must be cast out was such that they would not proceed therein one step without some attempt or provocation laid in the way to interrupt and break it off for after they had resolved to present their humble Desires and Propositions to His Majesty their Committee must not without a special safe Conduct and Protection from Him have access to Him a liberty incident to them not only as they are Members of the Parliament and employed by both Houses but as they were free-born Subjects and yet when they passed over this His Majesty refused a safe Conduct to the Lord Viscount Say and Seal being one of the Committee appointed by both Houses to be employed upon that occasion such a breach of Priviledge that they believe is not to be parallel'd by the example of former times and yet their desire was such to obtain the end they drive at that is a happy and lasting Peace that they resolved not to interrupt the Treaty for that time by insisting upon it And then they had no sooner entred upon the Treaty but a Proclamation dated at Oxon the 16 of February 1642. entituled His Majesty's Proclamation forbidding all His loving Subjects and the Counties of Kent Surrey Sussex and Hampshire to raise any Forces c. and another Proclamation dated the 8 of February forbidding the assessing and payment of all Taxes by vertue of an Ordinance of both Houses and all entring into Associations were published in His Majesty's Name containing most bitter invectives and scandals against the proceedings of both Houses by styling them and such as obeyed them Traitors and Rebels charging them under the name of Brownists Anabaptists and Atheists to endeavour to take away the Kings Life and to destroy His Posterity the Protestant Religion and the Laws of the Kingdoms with many other such scandals and aspersions and even at this time were many designs practising against the Parliament which in all probability were the grounds and reasons of His Majesty's confidence and denial of their just desire Insomuch that His Majesty in a Letter sent from Him to the Queen and read in the House of Commons did declare That He had so many fine designs laid open to Him that He knew not which first to undertake One whereof probably was the most bloody and barbarous design upon Bristol attempted though by God's infinite mercy prevented during the Treaty And whether that of Sir Hugh Cholmley's in betraying of Scarborough Castle wherewith he was entrusted by the Parliament to the Queens hands and acted likewise during the Treaty and that of Killingworth Castle which should have been likewise betrayed and a design discovered by a Letter found in the Earl of Northampton's pocket slain near Stafford written to Him from Prince Rupert were some of the other designs mentioned in His Majesty's Letter they cannot certainly affirm but conjecture And when these collateral provocations and attempts could not prevail to make them desert the Treaty then comes in His Majesty's Message of the fourth of April which they have mentioned before charging them to abuse the people with imaginary Dangers and pretended Fears to use Force and Rapines upon His good Subjects with publishing new doctrines That it is unlawful for the King to do any thing and lawful to do any thing against Him with Malice and Subtilty to abuse the People that their Pleasure is all their bounds with many other such bitter expressions that no Man could think such an Answer could be any part of a Treaty or at least to proceed from a heart that desired a happy issue thereunto Notwithstanding all which the Lords and Commons were so resolutely fixed to prosecute that Treaty and if possibly they could to bring it to a blessed and happy conclusion that they were content to lie under all these Scandals and endure all these wounds so they might make up the breaches of the Commonwealth and therefore they did forbear the returning of an Answer to any of these provocations And then when the Malignant and Popish party too-too prevalent with his Majesty perceived their constancy not to be provoked to break that Treaty of their part they found it necessary to seduce His Majesty to refuse His Consent to their most necessary and just Desires and to propound such things as could not with the peace and safety of the Church and State be yielded to and so effected their own desires All which the Lords and Commons thought it their duty to publish to the Kingdom to the end that they may see that what hath been long endeavoured by subtile and secret practices is now resolved to be effected by open Violence and Hostility that is the destruction of our Laws and the Protestant Religion and introducing of Popery and Superstition and that there is little or no hope by any endeavour of a Treaty to procure the Peace of this Church and Kingdom unless both be exposed to the will and pleasure of the Popish party until the Army and Forces now raised and continued by them be first destroyed or suppressed And therefore the Lords and Commons do hope that not only such as are already convinced of their Design and Malice but even those that by their subtile and false pretences have been ignorantly seduced to joyn with them that love their Liberty and the Protestant Religion will now with one heart and mind unite together to preserve their Religion and Liberty in the defence whereof the Lords and Commons are resolved to offer up themselves their lives and fortunes a willing Sacrifice Die Sabbati 6 May 1643. A Declaration upon the Result of the Treaty brought in with some Amendments was this day read in the House of Commons and ordered to be delivered unto the Lords at a Conference And it is further Ordered by this House That this Declaration shall be Printed and Master Glyn do take care for the Printing of it and that none shall Print or re-print it but such as Master Glyn shall appoint to the end that by his care the Records may be rightly cited and the Letters and other matters Ordered to be Printed with it be carefully Printed H. Elsinge Cler. Parliament D. Com. His MAJESTY's Declaration to all His Loving Subjects in Answer to a Declaration of the Lords and Commons upon the Proceedings of the late Treaty of Peace and several Intercepted Letters of His MAJESTY to the QUEEN and of
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
Provisions to any Harbour in this Kingdom in the hands of such as shall obey the Articles of this Cessation from any Ports in the Kingdom of England having His Majesty's Pass or the Pass of any who is or shall be His Majesty's Admiral or Vice-Admiral or the Pass of any Governour or Governours of any the Ports in England in His Majesty's Hands or which shall hereafter during this Cessation be in His Majesty's Hands or the Pass of the said Marquess shall not be interrupted by any of those for whom the said Lord Viscount Muskery and the rest of the above-named Persons are authorized as aforesaid neither in their coming to this Kingdom nor in their return so as they use not any Act of Hostility to any of their said Party And this to be a Rule until His Majesty's pleasure be further declared therein upon application of the Agents of the said Roman Catholick Subjects now in Arms c. to His Majesty Item It is concluded and accorded and the said James Marquess of Ormond doth promise and undertake for and in the name of His Majesty that no interruption shall be given by any Ship or Ships under His Majesty's Power and Command or waged employed or contracted with by or in the behalf of His Majesty or by any of His Majesty's Forts Garrisons or Forces within this Kingdom to any Ship or Ships that shall trade with any of the said Roman Catholicks who are now in Arms c. or any of their Party or which shall come in or go out of any the Cities Towns Harbours Creeks or Ports of this Kingdom in the hands of the said Roman Catholicks now in Arms c. with Arms Ammunition Merchandize Commodity or any thing whatsoever during this Cessation as on the other side the said Donnogh Viscount Muskery and the rest above-named of that Party do promise and undertake for and in the behalf of those by whom they are authorized that no interruption shall be given by any Ship or other Vessel whatsoever under the Power and Command of their Party or waged employed or contracted with by or in the behalf of their Party or by any Forts Garrisons or Forces within this Kingdom in their power to any Ship or Ships that shall Trade with any of His Majesty's Subjects obeying this Cessation or which shall come in or go out of any the Cities Towns Harbours or Ports of this Kingdom which shall obey this Cessation with Arms Ammunition Merchandize Commodity or any other thing whatsoever during this Cessation Provided that no Ship or Ships shall be admitted free Trade by colour of this Article but such as are warranted by the precedent Articles Item It is concluded and accorded that the Quarters in the Province of Leimster be as followeth viz. That the County of Dublin the County of the City of Dublin the County of the Town of Droghedagh and the County of Lowth shall remain and be during the Cessation in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting unto the said Roman Catholick Subjects now in Arms c. and their Party all such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed in the said Counties or any of them by any of the said Party And it is further concluded and accorded that as much of the County of Meath as is on the East and South sides of the River of Boyne from Droghedagh to Trim and thence to the Lordship of Moylagh and thence to Moyglare and thence to Dublin shall during the said Cessation remain and be in the possession of His Majesty's Protestant Subjects and of such as adhere unto them respectively saving and excepting to the said Roman Catholick Subjects now in Arms and their party all such Castles Towns Lands and Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of September 1643. at the hour aforesaid are possessed by any of the said Roman Catholick Subjects now in Arms c. and of their Party within the said limits and boundaries and that the residue of the said County of Meath shall remain in the hands and possession of the said Roman Catholick Subjects now in Arms c. and their Party except the Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the fifteenth day of September 1643. at the hour aforesaid are possessed within the said last-mentioned Quarters in the County of Meath by His Majesty's Protestant Subjects and such as adhere unto them or by any of them respectively And that so much of the County of Kildare as is on this side of the Liffy where Naas is situate and on the other side of the Liffy from Dublin Westward into the County of Kildare so far as the Rye water at Kilcock and so far betwixt that and the Liffy as shall be at the same distance from Dublin as the said Rye water is at Kilcock on that side of the Liffy shall during the said Cessation remain and be in the hands and possessions of His Majesty's Protestant Subjects and their adherents respectively except such Castles Towns Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed within the said Quarters by the said Roman Catholick Subjects who are now in Arms c. and their Party and that the residue of the said County of Kildare shall remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said 15th day of Sep. 1643. at the hour aforesaid are possessed by His Majesty's Protestant Subjects and their adherents respectively within the said last mentioned Quarters in the said County of Kildare And that the several Counties of Wicklow West-Meath King County Queens County Catherlagh Kilkenny County of the City of Kilkenny Weixford and Longford shall during the said Cessation remain in the hands of the said Roman Catholick Subjects now in Arms c. and their Party except such Castles Towns Lands Territories and the Lands and Hereditaments thereunto belonging which upon the said fifteenth day of Septemb. 1643. at the hour aforesaid are possessed within the said County by His Majesty's Protestant Subjects and their adherents respectively Item It is concluded and accorded that what Corn hath been sown by any of His Majesty's Army or by any of His Protestant Subjects or their adherents or by any of them within any of the Quarters allotted in the Province of Leimster to the said other Party the same shall be enjoyed by the sowers and manurers paying for the same as they did agree and in case they did not agree paying the fourth sheaf unto such Garrison within whose Quarters the same shall
Richard Capel of Pitchcomb Theophilus Bathurst of Overton Watervile Philip Nye of Kimbolton D. Brocket Smith of Barkway D. Cornelius Burges of VVatford John Green of Pencomb Stanley Gower of Brampton-Bryan Francis Taylor of Yalding Tho. VVilson of Otham Antho. Tuckney of Boston Batchelor in Divinity Thomas Coleman of Bliton Charles-Herle of VVinwick Richard Herrick of Manchester Richard Cleyton of Showel George Gibbs of Ayleston D. Calibut Downing of Hackney Jeremy Boroughs of Stepney Edmund Calamy Batchelor in Divinity George VValker Batchelor in Divinity Joseph Caryll of Lincolns-Inn Lazarus Seaman of London D. John Harris Warden of VVinchester-Colledge George Morley of Milden-hall Edward Reynolds of Branston Thomas Hill of Tichmarsh Batchelor in Divinity D. Robert Saunderson of Boothby-Pannell John Foxcroft of Gotham John Jackson of Marsk VVilliam Carter of London Thomas Thoroughgood of Massingham John Arrowsmith of Lynne Robert Harris of Hanwel Batchelor in Divinity Robert Cross of Lincoln-Colledge Batchelor in Divinity James Archbishop of Armagh D. Matthias Styles of Saint George Eastcheap London Samuel Gibson of Burley Jeremiah VVhitaker of Stretton D. Edmund Stanton of Kingston D. Daniel Featly of Lambeth Francis Coke of Yoxhal John Lightfoot of Ashley Edward Corbet of Merton Colledge Oxon Samuel Hildersham of Felton John Langley of VVestuderley Christopher Tisdale of Vphusborn Thomas Young of Stow-market John Phillips of VVrentham Humphrey Chambers of Claverton Batchelor in Divinity John Conant of Lymington Batchelor in Divinity Henry Hall of Norwich Batchelor in Divinity Henry Hutton Henry Scuddir of Colingborne Thomas Baylie of Manningford-Bruce Benjamin Pickering of East-Hoateley Henry Nye of Clapham Arthur Sallaway of Seavernestoake Sydrach Simpson of London Anthony Burgess of Sutton-Coldfield Richard Vines of Calcot VVilliam Greenhill of Stepney VVilliam Moreton of Newcastle Richard Buckley D. Thomas Temple of Battersey Simeon Ashe of Saint Brides M. Nicholson Thomas Gataker of Rotherhithe Batchelor in Divinity James VVeldy of Sylatten D. Christopher Pashley of Hawarden Henry Tozer Batchelor in Divinity VVilliam Spurstow of Hampden in Com. Bucks Francis Cheynel of Oxon Edward Ellis of Gilsfield Batchelor in Divinity D. John Hacket of Saint Andrews Holborne Samuel de la Place John de la March Matthew Newcomen of Dedham William Lyford of Sherborn in Com. Dorset M. Carter of Dynton in Com. Bucks William Lance of Harrow in Middlesex Thomas Hodges of Kensington in Com. Middlesex Andreas Porne of VVilby in Com. Northampton D. Thomas VVestfield of St. Bartholomew le great London Bishop of Bristol D. Henry Hammond of Penshurst in Kent Nicholas Prophet of Marlborough in Com. VVilts Peter Sterry of London John Erle of Bishopston in Com. Wilts M. Gibbon of Waltham Henry Painter of Exceter Batchelor in Divinity M. Michelthwaite of Cherry-burton D. John Wincop of St. Martins in the Fields M. Price of Paul's Church in Covent-Garden Henry Wilkinson junior Batchelor in Divinity D. Richard Holdsworth Master of Emanuel Colledge in Cambridge M. William Duning of Coldaston and such other Person and Persons as shall be nominated and appointed by both Houses of Parliament or so many of them as shall not be letted by sickness or other necessary impediment shall meet and assemble and are hereby required and enjoyned upon summons signed by the Clerks of both Houses of Parliament left at their several respective dwellings to meet and assemble themselves at Westminster in the Chappel called King Henry the Seventh's Chappel on the first day of July in the year of our Lord One thousand six hundred forty three and after the first meetting being at least of the number of forty shall from time to time sit and be removed from place to place and also that the said Assembly shall be dissolved in such manner as by both Houses of Parliament shall be directed and the said Persons or so many of them as shall be so assembled or sit shall have Power and Authority and are hereby likewise enjoyned from time to time during this present Parliament or until further order be taken by both the said Houses to confer and treat amongst themselves of such matters and things touching and concerning the Liturgy Discipline and Government of the Church of England or the vindicating and clearing of the Doctrine of the same from all false Aspersions and Misconstructions as shall be proposed unto them by both or either of the said Houses of Parliament and no other and to deliver their Opinions and Advices of or touching the matters aforesaid as shall be most agreeable to the Word of God to both or either of the said Houses from time to time in such manner and sort as by both or either of the said Houses of Parliament shall be required and the same not to divulge by Printing writing or otherwise without the consent of both or either House of Parliament And be it further Ordained by the Authority aforesaid that William Twisse Doctor in Divinity shall sit in the Chair as Prolocutor of the said Assembly and if he happen to die or be letted by sickness or other necessary impediment then such other Person to be appointed in his place as shall be agreed on by both the said Houses of Parliament And in case any difference of Opinion shall happen among the said Persons so assembled touching any the matters that shall be proposed to them as aforesaid that then they shall represent the same together with the Reasons thereof to both or either of the said Houses respectively to the end such further direction may be given therein as shall be requisite in that behalf And be it further Ordained by the Authority aforesaid that for the charges and expences of the said Divines and every of them in attending the said service there shall be allowed unto every of them that shall so attend during the time of their said attendance and for ten days before and ten days after the sum of four Shillings for every day at the charges of the Commonwealth at such time and in such manner as by both Houses of Parliament shall be appointed And be it further Ordained that all and every the said Divines so as aforesaid required and enjoyned to meet and assemble shall be freed and acquitted of and from every offence forfeiture penalty loss or damage which shall or may arise or grow by reason of any non-residence or absence of them or any of them from his or their or any of their Church Churches or Cures for or in respect of their said attendance upon the said Service any Law or Statute of Non-residence or other Law or Statute enjoyning their attendance upon their respective Ministers or Charges to the contrary thereof notwithstanding And if any of the Persons before named shall happen to dye before the said Assembly shall be dissolved by Order of both Houses of Parliament then such other Person or Persons shall be nominated and placed in the room and stead of such Person and Persons so dying as by both the said Houses shall be thought fit and
Bishop Jewel that Ambrose Chrysostome Jerome Augustine and many more holy Fathers together with the Apostle Paul agree that by the Word of God there is no difference between a Bishop and a Presbyter and that Medina in the Council of Trent affirms not only the same Fathers but also another Jerome Theodoret Primasius Sedulius and Theophylact to be of the same judgment and that with them agree Oecumenius Anselme Arch-Bishop of Canterbury and another Anselme Gregory and Gratian and after them many others that it was inrolled in the Canon Law for sound and Catholick Doctrine and publickly taught by Learned men And adds That all who have laboured in the Reformation of the Church for these 500 years have taught that all Pastors be they intituled Bishops or Priests have equal authority and power by God's word The same way goes Lombard Master of the Sentences and Father of the School-men who speaking of Presbyters and Deacons saith The Primitive Church had those Orders only and that we have the Apostles precept for them alone With him agree many of the most eminent in that kind and generally all the Canonists To these we may add Sixtus Senensis who testifies for himself and many others and Cassander who was called by one of the German Emperors as one of singular ability and integrity to inform him and resolve his Conscience in questions of that nature who said It is agreed among all that in the Apostles times there was no difference between a Bishop and a Presbyter For a conclusion we add that the Doctrine we have herein propounded to Your Majesty concerning the Identity of the Order of Bishops and Presbyters is no other than the Doctrine published by King Henry the 8. 1543. for all his Subjects to receive seen and allowed by the Lords both Spiritual and Temporal with the neather House of Parliament Of these two Orders only so saith the Book that is to say Priests and Deacons Scripture maketh express mention and how they were conferred of the Apostles by Prayer and Imposition of hands By all which it seems evident that the Order of Episcopacy as distinct from Presbytery is but an Ecclesiastical Institution and therefore not unalterable Lastly we answer That Episcopal Government which at first obtained in the Church did really and substantially differ from the Episcopal Goverment which the Honourable Houses of Parliament desire the abolition of The Bishop of those times was one presiding and joining with the Presbytery of his Church ruling with them and not without them either created and made by the Presbyters chusing out one among themselves as in Rome and Alexandria or chosen by the Church and confirmed by three or more of his Neighbours of like dignity within the same precinct lesser Towns and Villages had and might have have Bishops in them as well as populous and eminent Cities until the Council of Sardis decreed That Villages and small Cities should have no Bishops lest the name and authority of a Bishop might thereby come into contempt But of one claiming as his due and right to himself alone as a superior order or degree all power about Ordination of Presbyters and Deacons and all jurisdiction either to exercise himself or delegate to whom he will of the Laity or Clergy as they distinguish according to the Judgment and Practice of those in our times we read not till in the latter and corrupter Ages of the Church By all which it appears that the present Hierarchy the abolition whereof is desired by the Honourable Houses may accordingly be abolished and yet possibly the Bishops of those Primitive times be They are so far differing one from another In answer to that part of Your Majesties Paper wherein You require whether our Saviour and his Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure we humbly conceive that there are Substantials belonging to Church-Government such as are appointed by Christ and his Apostles which are not in the Churches liberty to alter at pleasure But as for Arch-Bishops c. we hope it will appear unto Your Majesties Conscience that they are none of the Church-Governors appointed by our Saviour and his Apostles And we beseech Your Majesty to look rather to the Original of them than Succession Octob. 3. 1648. III. His MAJESTIES Answer to the Paper delivered to Him by the Divines attending the Parliament's Commissioners concerning Church-Government C. R. HIS Majesty upon perusal of your Answer to His Paper of the second of October 1648. findeth that you acknowledg the several Scriptures cited in the Margin to prove the things for which they are cited viz. That the Apostles in their own persons that Timothy and Titus by Authority derived from them and the Angels of the Churches had power of Church-Government and did or might actually exercise the same in all the three several branches in His Paper specified And so in effect you grant all that is desired For the Bishops challenge no more or other power to belong unto them in respect of their Episcopal Office as it is distinct from that of Presbyters than what properly falleth under one of these three Ordination giving Rules and Censures But when you presently after deny the persons that exercised the power aforesaid to have been Bishops or to have exercised Episcopal Government in that sense as Bishops are distinct from Presbyters you do in effect deny the very same thing you had before granted For Episcopal Government in that sense being nothing else but the Government of the Churches within a certain Precinct commonly called a Diocese committed to one single person with sufficient authority over the Presbyters and people of those Churches for that end since the substance of the thing it self in all the three forementioned particulars is found in the Scriptures unless you will strive about names and words which tendeth to no profit but to the puzling and subverting those which seek after truth you must also acknowledg that Episcopal Government in the sense aforesaid may be sufficiently proved from the Scriptures In that which you say next and for proof thereof insist upon three several Texts His Majesty conceiveth as to the present business that the most that can be proved from all or any of those places is this That the word Bishop is there used to signifie Presbyter and that consequently the Office and Work mentioned in those places as the Office and Work of a Bishop are the Office and Work of a Presbyter which is confest on all sides although His Majesty is not sure that the proof will reach so far in each of those places But from thence to infer an absolute Identity of the Functions of a Bishop and a Presbyter is a fallacy which his Majesty observeth to run in a manner quite along your whole Answer but it appears from the Scriptures by what you have granted that single persons as Timothy and Titus