have likewise sent your Lordship His Majesties safe Conduct for the persons desired and also a List of the names of those His Majesty hath appoynted 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 Killigrew from the Lords and Commons assembled in the VI. Parliament of England at Westminster and the Commissioners oâ— the Parliament of Scotland concerning a Treaty returns this answer That His Majesty doth very willingly 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 appoynted in the said Message and to that purpose His Majesty will send the Duke of Richmond the Marquesse of Hertford the Earle of Southampton the Earle of Kingston the Earle of Chichester the Lord Capell the Lord Seymour the Lord Hatton the Lord Culpeper Secretary Nicholas M. Chancellour of the Exchequer the L. Cheife Baron Lane Sr Orlando Bridgman S â— Thomas Gardiner M. John Ashburnham M. Ieffery Palmer together with Dr Steward Clerk of His Majesties Closet upon the Propositions concerning Religion to meet with the persons mentioned in the said Message at Vxbridge on wednesday night the 29th of this instant Ianuary the Treaty to begin the next day Which persons or any ten of them shall be sufficiently authorised by His Majestie to Treat and conclude on His Majesties part And to the end that the persons aforesaid and their Retinue may repaire to Vxbridge stay there and returne at their pleasure without interruption or goe or send during their abode there to His Majestie as often as occasion shall require His Majesties 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 Earle of Essex His Majestie sent Propositions to be Treated upon on His Maiesties part which Letter and Propositions follow My Lord I am commanded by His Majestie to send these enclosed Propositions VII Prince Ruperts Letter 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 losse of time as is possible but that the same may be treated on assoone as may be thought convenient after the entry upon the Treaty His MAjESTIES 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 1. THat His Majesties owne Revenue Magazines VIII His Majesties Propositions Townes Forts and Ships which have been taken or kept from Him by force be forthwith restored unto Him 2. That whatsoever hath been done or published contrary to the knowne Lawes of the Land or derogatory to His Majesties Legall and knowne Power and Rights be renounced and recalled That no seed may remaine for the like to spring out of for the future 3. That whatsoever illegall Power hath been claimed or exercised by or over His Subjects as imprisoning or putting to death their Persons without Law stopping their Habeas Corpusses 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 4. That as His Majesty hath alwayes professed His readinesse to that purpose so He will most cheerfully consent to any good Acts to be made for the suppression of Popery and for the firmer setling 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 scorne 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 Nationall Synod be legally called with all convenient speed 5. That all such persons as upon the Treaty shall be excepted and agreed upon on either side out of the Generall Pardon shall be tryed Per Pares according to the usuall course and knowne Law of the Land and that it be left to that either to acquit or condemne them 6. And to the intent this Treaty may not suffer interruption by any intervening Accidents That a Cessation of Armes and free Trade for all His Majesties Subjects may be agreed upon with all possible speed Given at the Court at Oxford the 21th day of Jan. 1644. The Earle of Essex upon receipt hereof returned to Prince Rupert together with a safe Conduct this Letter of the 25. of Ianuary Sir I Am commanded by both Houses of the Parliament of England and desired by the Commissioners of the Kingdome of IX Scotland to desire your Highnesse to let His Majesty know That they doe agree that their Committees doe begin the Treaty aâ— Vxbridge on Thursday the 30th 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 Highnesse 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 Westminster 25th Jan. 1644. Your Highnesse humble Servant ESSEX Thursday the 30th of Ianuary all the Commissioners named by His Maiestie and Commissioners named by the two Houses of Parliament in England and the Estates of the Parliament in Scotland did meet at Vxbridge where their Commissions were mutually delivered in and read and are as followeth His MAjESTIES Commission CHARLES R. WHEREAS after severall Messages sent by us to the X. Lords and Commons of Parliament assembled at Westminster expressing Our desires of Peace certaine Propositions were sent from them and brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers Messages and Propositions to them and their returns to Vs it is now agreed That there shall be a Treaty for a safe and well grounded Peace to begin at Vxbridge on Thursday the 30th of this instant Ianuary as by by the said Propositions Answers Messages and Returnes in writing may more fully appeare We do therefore hereby appoynt assigne and constitute James Duke of Richmond and Lenox William Marquisie of Hâ—rtford Thomas Earle of Southampton Henry Earle of Kingston Francis Earle of Chichester Francis Lord Seymour Arthur Lord Capell Christopher Lord Hatton John
the same were particularly enacted by the Authority of Parliament And that the Lord Major Aldermen and Commons in Common-Councell may adde to or repeale the said Ordinances from time to time as they shall see cause That such other Propositions as shall be made for the City for their farther safety welfare and Government and shall be approved of by both Houses of Parliament may be granted and confirmed by Act of Parliament Vpon consideration of which Propositions His Majesty sent the Duke of Richmond and the Earle of Southampton with this Message of the 13th of December HIs Majesty hath seriously considered your Propositions II. and findes it very difficult in respect they import so great an alteration in Government both in Church and State to returne a particular and positive answer before a full debâ—te wherein thosâ— Propositions and all the necessary Explanations and reasons for assenting dissenting or qualifying and all inconveniences and mischiefes 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 appoynt such number of Persons as you shall think fit to Treat with the like number of Persons to be appoynted 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 Protestâ—nt Religion with due regard to the ease of tender Consciences as His Majesty hath often offered The Rights of the Crowne The Liberty and Property of the Subject and the Priviledges of Parliament And upon the whole matter to conclude a happy and blessed Peace Vnto which Message this Answer of the 27th of December was returned to His Majesty May it please your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects of both Kingdomes have considered of Your Maiesties Message III. of the 13. of December 1644. sent by the Duke of Richmond and the Earle 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 doe in all humblenesse returne this Answer That we doe 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 readinesse to make use of any opportunity for attayning such a blessed and happy Peace in all Your Majesties Dominions We would not stay Your Majesties Messengers till we did resolve upon all thâ—se particulars which we will take into our serious consideration and present our humble desires to Your Majesty with all convenient speed Westminster the 20 â—h of Decemb. 1644. Gray of Wark Speaker of the House of Peeres pro tempore Signed in the name and by warrand of the Commissioners of the Parliament of Scotland LOWDON William Lenthall Speaker of the Commons House Assembled in Parliament And afterwards upon the 18th of January following Sir Peter Killigrew brought this farther Answer to His Majesty May it please Your Most Excellent Majesty WEE Your Majesties humble and Loyall Subjects the IV. 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 Majesties Message of the 13th 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 Loyall Subjects assembled in the Parliaments of both Kingdomes And for the present have appoynted Algernon Earle of Northumberland Philip Earle of Pembrook Mountgomery William Earle of Salisbury Bâ—sill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepoint Sir Henry Vane Junior Oliver St Iohn Bulstrode Whitlock Iohn Crew Edmund Prideaux for the Lords and Commons assembled in the Parliament of England at Westminster And Iohn Earle of Lowdon Lord Chancellor of Scotland Archibald Marquisse of Argyle Iohn Lord Maitland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundas Sir Iohn Smith M r Hugh Kennedy and M r 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 alwayes some of the Parliaments of both Kingdomes are appointed and authorized to meet at Vâ—bridge on what day Your Majesty shall be pleased to set downe before the last day of this present Ianuary with such Persons as Your Majesty shall appoint under Your Signe Manuall for that purpose And the number of the persons to Treat not to exceed seventeen on either part unlesse the persons named for the Estates of the Parliament of Scotland now not here or any of them shall come and then Your Maiesty may have the like number if you please There to Treat upon the Matters conteined 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 dayes and for the things mentioned in Your Message to be propounded by Your Maiesty when the Persons sent by Your Maiesty 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 doe 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 repaire to Vxbridge stay there and returne at their pleasure without interruption That mutuall safe Conducts be granted to the said Persons according to the severall Lists of their Names Signed by Order of the Lords and Commons Assembled in the Parliament of England as Westminster Signed in the name and by warrant of the Commissioners of the Kingdome of Scotland LOWDON Gray of Wark Speaker of the House of Peeres 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 Earle 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 returne this His answer V. Together with this inclosed in a Letter from Prince Rupert to the Earle of Essex His Majestie sent a safe Conduct for their Commissioners and their retinue 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 Killigrew I
Lord Culpeper Sir Edward Nicholas Knight one of Our principall Secretaries of State Sir Edward Hide Knight Chancellour and Vnder-Treasurer of Our Exchequor Sir Richard Lane chiefe Baron of Our said Exchequor Sir Thomas Gardiner Sir Orlando Bridgeman M Iohn Ashburnham and M. Ieffrey Palmer together with Doctor Richard Steward upon these Propositions concerning Religion to be Our Commissioners touching the premisses 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 Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Basill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pieirepoynt Esquires Sir Henry Vane the yonger Knight Oliver S. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster and Iohn Earle of Lowdon Lord Chancellour of Scotland Archibald Marquesse of Argile Iohn Lord Maytland Iohn Lord Balmerino Sir Archibald Iohnston Sir Charles Erskin George Dundaâ— Sir Iohn Smith M. Hugh Kennedy and M. Robert Barclay for the Estates of the Parliament of Scotland together with M. 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 premisses into their serious considerations and to compose conclude and end all differences arising thereupon or otherwise as they or any tenne or more of them in their wisdomes 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 premisses We doe by these presents ratifie and confirme the same Given at Our Court at Oxford the Eight and Twentieth day of Ianuary in the Twentieth yeare of Our Raigne 1644. Their Commission to the English Commissioners Die Martis 28. Ianuary 1644. BEE it Ordained by the Lords and Commons assembled in XI Parliament That Algernoun Earle of Northumberland Philip Earle of Pembroke and Montgomery William Earle of Salisbury Bazill Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane Junior Oliver St. Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne 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 Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hide Sir Richard Lane Sir Orlando Bridgeman Sir Thomas Gardiner M. Iohn Ashbornham M. Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Maiesty for a safe and well grounded Peace from His Maiesties humble and Loyall Subiects assemblâ—d in the Parliaments of both Kingdomes together with Dr Steward upon the Propositions concerning Religion only and upon his Maiesties 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 Iohn Browne Cler. Parliamentor Their Commission to the Scots Commissioners AT Edinburgh the saxteint day of Iulij The Èeir of God XII M. Vj c fourtye four Èeires The Estaistes of Parliament presentlie conveined be vertew of the last act of the last Tarliament 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 success Did enter into a solemne league Covenant with the Kingdom ParliameÌ„t of England for Reformationne defence of Religionne the honor happines of the King the peace safety of the thrie Kingdoms of Scotland England Ireland And ane Treattie aggried upon ane Armie and Forces raised and sent out of yis Kingdom for these endis Quhairupone the Conventionne of Estaistes of this Kingdome the nynt of Iannuary last being desirous to use all good and lawfull meanes that Treuth and Peace might be established in all His Majesties Dominions with such a blessed Pacificationne betwixt His Maiesty and His Subiectis as might serve most for His Maiesties trew honor and the safety and happines of His people Granted Commissione to Iohn Erle of Lowdounne heigh Chancellor of Scotland Iohne Lord Mai t and than and Èit in England Sir Archibald Iohnestounne of Wariestounne ane of the Lordis of Sessionne and Maister Robert Barclay now in England to repaire to England with power to thame or any twa of yame to endeavoure the effectuating of ye foirsaides endis conforme to the Commmissione and instructiones than giving to thame as the Commissione of the dait foirsaid proportis Lyke as the saides Iohne Lord of Maitland Sir Archibald Iohnestounne and Maister Robert Barclay have evir since attendit in England in the discharge of the foirsaid Commissione Qunhill lately that Sir Archibald Iohnestounne 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 mutuall 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 Commissionars 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 to ye Parliament of England Thairfore the Estaites of Parliament be thir presentis gives full powar and Commissione to the said Iohne Erle of Lowdonne Lord heigh Chancellor of yis Kingdome Archibald Marqueis of Argyle and Iohne Lord Balmerino for the Nobility Sr Archibald Iohnestounne of Wariestonne Sir Charles Erskyne of Cambuuskenneth and Maister George Dundas of Maner for the Barrones Sr Iohne Smyth of Grottâ—ll Proveist of Edenburgh Hew Kennedy Burges of Air and Master Robert Barclay for the Burrowes the thrie Estates of yis Kingdom and to Iohne Lord Maitland supernumerarie in this Commissione or to any thrie or mae of the haill number thair being ane of ilk Estate as Commissionaris from the Estaites of Parliament of this Kinkdome to repaire to the Kinkdome of England sick of them as ar not thair already and with powar to thame or any thrie or mae of the whole number thair being ane of ilk Estaite to endeavour the
Sir Orlando Bridgeman Sir Thomas Gardiner Mr Iohn Ashburnham and Mr Ieffery Palmer or any tenne of them upon the Propositions formerly sent to His Majesty for a safe and well grounded Peace from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms Together with Doctor Stuard upon the Propositions concerning Religion only And upon His Majesties 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 Io. BROWNE Cler. Parliam The same last of Ianuary their Commissioners delivered to His Majesties Commissioners this paper Ianuary 31. HAving considered your Commission and Power from His Majesty given in last night by your Lordships we find that XVIII 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 Majesties Answers Messages and Propositions to them and their returnes to his Majesty Wherein we observe that the Propositions sent to His Maiesty from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster and upon His Maiesties Answers Messages and Propositions to them and their Returnes to His Maiesty that a Treaty is to begin And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms and the Answers Messages and Propositions sent from His Maiesty to the Lords and Commons Assembled in the Parliament of England at Westminster and the Commissioners of the Parliament of Scotland then at London and their returnes to His Maiestie We desire those defects may be cleared and speedily amended The King's Commissioners Answer 31. January WE conceive Our Power being to Treat upon the Propositions XIX brought by the Earle of Denbigh and others and those Propositions being sent from the Parliaments of both Kingdomes there need no mention of the Parliaments of both Kingdomes in that place but that Our power is ample to Treat with your Lordships upon the whole both by expresse words and by other generall words in the Commission which give power to Treat upon those Propositions or any other which generall words are not observed by your Lordships in your paper And Our power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name yet since you insist upon it it shall be altered by Tuesday next And in the meane time if your Lordships please We desire * The Papers intended are the Propositions concerned Religion which were not then delivered the papers promised yesterday in the paper delivered by the Earle of Northumberland may be delivered unto Vs that there may be as little losse of time as may be Their Reply 31. Ian. IN answer to your Lordships Paper concerning your Power to XX. Treat we are content to proceed in the Treaty with your Lordships in expectation that the Defects mentioned by us in our Paper shall be supplyed by Tuesday next On Munday the third of February the Kings Commissioners did deliver their Commission renewed as followeth CHARLES R. WHereas certaine Propositions were sent unto us from XXI the Lords and Commons Assembled in the Parliament of England at Westminster and from the Commissioners of the Parliament of Scotland which were brought unto Vs at Oxford in November last by the Earle of Denbigh and others and upon Our Answers c. as followeth verbatim in His Majesties former Commission Touching the manner of the Treaty The KING's Commissioners Paper 31. January WE desire to the end there may be a greater Freedom XXII in debate which We conceive will much conduce to the happy conclusion of this Treaty that nothing may be understood to be concluded on either side but what is delivered in Writing according as your Lordships have begun And we declare That what shall be delivered in writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off upon any other Proposition or part of any other Proposition Their Answer 31. Ianuary WEE shall deliver our Demands and Answers in Writing XXIII and desire your Lordships to doe the like The King's Commissioners Reply 1. Feb. WEE desire a full Answer of our Paper that nothing XXIV shall be taken as agreed upon but what is put in writing and your Concurrence in declaring that what shall be delivered in writing upon any Proposition or upon any part of a Proposition shall not be binding or prejudiciall to either Party if the Treaty breake off Their further Answer 1. February ACcording to our former Paper we shall deliver our demands XXV and answers in writing and we desire your Lordships to doe the like and nothing shall be taken as agreed upon but what is put in writing And we shall acquaint the Houses of Parliament that you have declared what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty break off 3. February IN answer to your Lordships Paper formerly delivered we doe XXVI declare that what shall be delivered in Writing upon any Proposition or upon any part of a Proposition is not to be binding or prejudiciall to either Party if the Treaty breake off upon any other Propositions or part of any Proposition Touching the Seditious Sermon The KING's Commissioners Paper 31. Ianuary WEE have certaine Information from divers Persons XXVII It was on Thursday being Market day and the first day of the Meeting present in Vxbridge Church yesterday that there was then a Sermon Preached by one Mr Love in which were many passages very Scandalous to His Majesties Person and derogatâ—ry to His Honour stirring up the people against this Treaty and incensing them against Vs telling them That we come with hearts full of Bloud and that there is as great distance between this Treaty and Peace as between Heaven and Hell or words to that effect with divers other Seditious passages both against His Majesty and this Treaty We know His Majesties hearty desire of a happy and well grounded Peace such as may be for Gods Honour and the good of all His Subjects as well as himselfe And we that are entrusted by His Commission come with cleare Intentions to serve Him in it according to our Consciences and the best of our Iudgements And this being Preached in your Quarters where we are now under safe Conduct We desire your Lordships to consider how much this may reflect upon our Safety how much it may prejudice and blast the blessed hopes of this Treaty and how just offence and distrust it may beget in His Majesty
that whole Kingdom consented to such a Cessation we desire to be informed by your Lordships how that Cessation can be declared voyd without a breach of Faith and honour in His Majestie and we are ready by conference particularly to inform your Lordships of the motives which induced His Majestie to consent to that Cessation Their Answer 10. Feb. VVE conceive that His Maiestie had not power to make the CXLIII Cessation in Ireland nor had any iust grounds to doe the same and therefore we insist as in our former paper That an Act of Parliament be passed to make voy'd the Cessation of Ireland and conceive that His Maiestie is bound in honour and iustice to consent unto the same and we are ready to conferre with your Lordships as is desired and to receive your Lordships full answer to this the other particulars expressed in our paper concerning Ireland After long debates in conference which spent the greatest part of the day touching the motives of that Cessation and the King's power to make it His Majesties Commissioners delivered in this paper 10. Febr. WE have received no satisfaction or information in your CXLIV Lordships debate to alter our opinionâ— of His Majesties power to make the Cessation in Ireland and having carefully produced and considered the Statute alleadged by your Lordships we cannot find any particular clause in that Statute neither have your Lordships mentioned any though often desired by us so to do whereby His Majesties power to make a Cessation there is taken away and therefore we are still of opinion that His Majesty had full power to make and consent to that Cessation and we conceive that we have given your Lordships an account of very just grounds to induce His Majestie to do the same it appearing to His Maiestie by the Letters and advice from the Lords Iustices and Councell of that Kingdom and of the Officers of His Maiesties Army there which we have read to your Lordships and of which Letters and advices we now give * Copies of the Letters and advices were accordingly delivered Copies to your Lordships that His Maiesties good Protestant Subiects of that Kingdom were in imminent danger to be Over-runne by the Rebels and His Army to be disbanded for want of necessary supplies and that there was no such probable way for their preservation as by making a Cessation neither have your Lordships given us any satisfying reasons against the making the said Cessation or made it appeare to us that that Kingdom could have bin preserved without a Cessation and therefore we cannot apprehend how His Maiesty can with Iustice and honour declare the same to be voyd We shall be ready against the next time assigned for the Treaty touching Ireland to give your Lordships a further answer to your Propositions concerning that Argument the Treaty concerning Ireland of the 6th of August 1642. and the Ordinance of the 11th of April 1644. which we did never see till your Lordships delivered us Copies of them making so great an alteration in the Government there that we cannot be prepared for the present to make a full answer to those Propositions Their Answer 10. Feb. IT is very contrary to our expectation to find your Lordships unsatisfied CXLV after those Arguments and Reasons alleadged by us that His Maiestie had not power to make the Cessation with the Rebels in Ireland and that upon the perusall of the Statute it appeares not to you that His Maiestie had no power to make that Cessation it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law from other proceedings in Parliament and circumstances as this case stands on which we still insist and do affirme that His Maiestie had no power to make or consent to that Cessation we do not see any iust grounds in the Copies of the Letters given us by your Lordships for His Maiesties assenting to the Cessation nor do we know by whom those Letters were written we are therefore still clearely of Opinion notwithstanding all your Lordships have alleadged that it was unfit for His Maiestie to agree unto that Cessation being destructive to His good Subiects and to the Protestant Religion there and only for the advantage of the Popish Rebels to the high dishonour of God the Disservice of His Maiestie and evident preiudice of His three Kingdoms We therefore again desire your Lordships full answer to what we have delivered to you concerning Ireland The King's Commissioners Paper 10. February WE have given your Lordships our reasons why we are CXLVI not satisfied with your Arguments that His Majesty had not power to make the Cessation and as upon the perusall of the Statute we can find no ground for that Opinion so your Lordships in your whole debate have not insisted or mentioned one Clause in that Statute though often desired which makes See the lâ—te Statute concerning the Adventurers for Irâ—sh Lands it good neither have your Lordships given us any Argument from the Common-Law other then by telling us That it is against the Common-Law because the private Interest of the Subscribers for Money was concerned in it to which we give this Answer That their Interest was Conditionall upon payment of their Moneys for the maintenance of the Warre which was not performed And that if they had paid their Moneys yet this Cessation was rather for the advance of that Interest there being as it appeares by the * See the Letters and advices in the Appendix no. 9. Papers no other visible meanes of preservation of the Army in Ireland and that the Statute which gave that private Interest doth not take away the Kings Power of making a Cessation and we conceive that Argument of Interest was waved But it your Lordships shall insist upon it we againe desire as we did formerly That a Case may be made of it and that the debate may be againe resumed Neither doe we know that any Argument was used by your Lordships from the proceedings in Parliament And if you shall give any we shall be ready to Answer it And we conceive that the advice given to His Majesty from the Lords Iustices and Councell of Ireland and the Testimony of the Officers of the Army expressing the miserable condition of that Kingdome and inability to beare the Warre should appeare to your Lordships to be just grounds for His Majesties assenting to the Cessation One of the Letters delivered by us to your Lordships bearing date the fourth of April 1643. was sent by the Lords Iustices and Councell of Ireland to Mr Secretary Nicholas in which was inclosed their Letter to the Speaker of the House of Commons of which your Lordships have likewise an Extract and a Remonstrance of the Officers of the Army to the Lords Iustices and Councell there and the other Letter of the fifth of May 1643. to His Majesty was from the Lords Iustices and Councell of that
Kingdome All which if your Lordships please shall be examined by you with the Originalls And we are therefore of opinion that our Answer formerly delivered is a good Answer to the point of Cessation in question And that it was not unfit for His Maiesty to agree to that Cessation nor destructive to the Protestant Religion nor for the advantage of the Popish Rebells but much for the advantage of the Protestant Subjects there who were in apparent hazard of destruction by Force and Famine occasioned by the want of Supplies which had been promised to them as we have formerly said And we shall give yout Lordships a further Answer to your other Propositions concerning Ireland when the time comes againe for that Debate Here ended the first three dayes of the Treaty concerning Ireland and the night before the return of the next three dayes their Commissioners delivered this Paper 17. February VVE conceived that the Arguments used by us that His CXLVII Maiesty neither had or hath power to make the Cessation with the Rebells of Ireland might have fully satisfied your Lordships and if any doubts yetremaine we are ready by Conference to cleare them Your Lordships may well call to minde the severall Clauses we insisted upon in the Statute and the Arguments we have given from the Common-Law and other proceedings in Parliament And we doe affirme that severall great Summes of Money were paid by particular Persons and by Corporations who according to the true intent of the Statute ought to have the benefit of the same according to divers other Acts of Parliament in pursuance thereof and upon failer of payment by any particular Persons the forfeiture was to accrew to the Common benefit of the rest not failing And we doe deny that the Argument of Interest was at all waved by us And we conceive those wants alleadged by your Lordships if any such were in iustifying the Cessation were supplied from time to time by the Houses of Parliament untill His Maiesties Forces were so Quartered in and about the common Roades to Ireland that Provisions going thither were intercepted and neither Money Clothes Victualls or other things could passe by Land with safety to be transported And when that both Houses of Parliament were desirous further to supply those Wants and for that purpose did tender a Bill to His Majesty It was refused And we still alleadge that we have no reason to be satisfied concerning the Cessation by any Arguments used by your Lordships or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordships as from the Lords Justices and Councell of Ireland and the Officers of the Army nor though desired by us have your Lordships afforded us Liberty to compare those Extracts with the Originalls whereby we might have the names of the Persons by whom they were written which we now againe desire We are therefore still clearly of Opinion as is expressed in our former Paper of the 10th of February concerning the Cessation and doe desire your Lordships full Answer to our Demands concerning Ireland The King's Commissioners Answer 18. February VVE did not conceive that your Lordships had beleeved CXLVIII that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebellâ— in Ireland which appeares to have been made by Him by the Advice of his Councell there and for the preservation of His Majesties Protestant Subjects of that Kingdome who in all probability would have perished by Famine and the Sword if that Cessation had not been made And we shall be very ready to receive farther Information from your Lordships by Conference or otherwise in that particular either concerning any Clauses in the Statute or Arguments at Common-Law or proceedings of Parliament your Lordships having never mentioned the one or made any Case upon the other upon which you intend to insist And for the severall great Summes of Money that were paid by particular Persons and Corporations upon that Statute mentioned by your Lordships we are sorry that we are compelled by your Lordships insisting thereon to informe your Lordships that His Majesty had cleare information that not only much of the money raised by the Act for the 400 thousand pound which was passed for the better suppressing that most wicked and execrable Rebellion in Ireland and for the payment of the debts of this Kingdom but also of the Mony raised by the Statute on which your Lordships insist for the speedy and effectuall reducing of the Rebels of Ireland c. and other moneys raised by Contribution and Loane for the reliefe of His Majesties distressed Subjects of that Kingdom were expended contrary to the intent of the Acts by which the same were levied and of the Persons who lent and contributed the same towards the maintenance of the Forces in this Kingdom under the Command of the Earle of Essex And that many Regiments of Horse and Foot leavied for the Warre of Ireland under the command of the Lord Wharton the Lord Kerry Sir Faithfull Fortescue and others were likewise imployed in that Army under the Earle of Essex at Edge-Hill and therefore His Majesty refused to consent to the Bill presented to His Majesty after this for the Levying more mony for Ireland justly fearing that the same might be used as the former had been And for the few cloathes for there were no Moneys intercepted by His Majesties Souldiers in His Maiesties Quarters which are said to be intended for Ireland the same were intercepted neere Coventrey and going thither after that City had refused to receive His Maiesty though at the Gates But His Maiesty never refused to give any safe Passe through His Quarters for any Goods or Provisions which were intended or prepared for Ireland neither was the same ever desired For the extracts and Copies of the Letters delivered by us to your Lordships from the Lords Iustices and Councell of Ireland and the Officers of the Army We have been and are willing that your Lordships should compare them with the Originalls But for your having the names of the Persons who writ the same since there can be no doubt of the truth of our Assertions we conceive it not reasonable to desire the same not knowing what inconvenience any of them since you seem not to like that advice might incurre if at any time they should be found within your Quarters And having now satisfied your Lordships in the Matter of the Cessation we shall gladly proceed in the Treaty with your Lordships upon any thing that may be apparently good for His Maiesties Protestant Subiects there and the resetling of that Kingdom in His Maiesties Obedience Their Reply 18. Feb. WE doe conceive that the Arguments used by us might CXLIX have fully satisfied your Lordships against His Majesties power to make a Cessation with the Rebells in Ireland having answered whatsoever your Lordships have hitherto alleadged to the contrary and
Offered if any other doubts yet remaine by conference to cleare them which still we are ready to doe And we have heard nothing just or reasonable for that Cessation It will be made evident that the necessities which by your Lordships were made excuses for the Cessation were created on purpose to colour the same and we are compelled by your Lordships paper to let you know that the Committees of Parliament sent into Ireland to endeavour to supply their necessities were discountenanced by the principall instruments for that Cessation and when they had taken up 2000l upon their personall security for the Army there they were presently after commanded from the Councell by a Letter brought thither from His Majesty by the Lord Ormonds Secretary And when the Officers of the Army were contented to subscribe for Land in satisfaction of their Arreares it was declared from His Majesty that He disapproved of such subscriptions whereby that course was diverted And we doe affirme that what ever summes of money raised for Ireland were made use of by both Houses of Parliament were fully satisfied with advantage and as we are informed before the Bill mentioned in our former paper was refused by His Majesty And for the Regiments of Horse and Foot mentioned by your Lordships to be raised for Ireland and imployed otherwise by the Houses of Parliament It is true that Forces were so designed and when the Money Armes and other Provisions were all ready and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them the same could not be obtained which was the cause those Forces did not goe thither and when twelve Shipps and six Pinnaces were prepared with 1000 or more land Forces for the service of Ireland and nothing desired but a Commission from His Majesty the Shipps lying ready and staying for the same were three weeks together at 300l a day charge yet the same was denyed though often desired And where your Lordships seem to imply that the provisions seized by His Maiesties Forces were going for Coventrey it was made known to His Maiesty that the same were for Ireland And your Lordships must needs conceive that the papers you delivered to us being but Extracts and for that you deny us so to compare them with the Originalls as to have the names of the Persons by whom they were Written it is altogether unreasonable for us to give any credit to them it being manifest by this and our former papers and debates that the Cessation with the Rebels in Ireland is both unjust and unlawfull We therefore insist on our demands concerning Ireland as apparently good for His Maiesties Subjects there and for reducing that Kingdom to His Maiesties Obedience Before His Maiesties Commissioners gave answer to this last paper they being also to answer the rest of the demands concerning Ireland for their necessary information touching some doubts that did arise upon those demands and the Articles of the Treaty of the 6th of August concerning Ireland and Ordinances delivered with them the Kings Commissioners gave in these severall papers The King's Commissioners first Paper 19. February IN the eight Article of the Treaty for the comming of the CL. Scots Army into England dated 29. Nov. 1643. at Edenbourgh delivered to us by your Lordships among the papers for Ireland and desired by the 12th Proposition to be confirmed by Act of Parliament It is agreed that no Cessation nor any Pacification or agreement for Peace whatsoever shall be made by either Kingdome without the mutuall advice and consent of both Kingdomes or the Committees in that behalfe appoynted 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 We desire to know whether that Article extend to any Cessation Pacification or Agreement in Ireland The Answer 19. Febr. WE did in answer to your Lordships Paper of the first of CLI February upon the Propositions concerning Religion deliver the Treaty of the 29th of November 1643. mentioned by your Lordships and not among the Papers for Ireland to which it hath no relation The King's Commissioners Reply 20. February YOur Lordships did deliver the Treaty of the 29th of November CLII. 1642. to us with the Papers concerning Ireland and on the 7th day of this instant February and not upon the first of February upon the Propositions concerning Religion Their Answer 20. Feb. WHen your Lordships peruse your Papers you will rest CLIII satisfied with our Answer of the 19th of this instant to your first Paper that day given to us for it will appeare by your Lordships 3d Paper of the first of February and our Paper given to your Lordships in answer of it that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February upon the Proposition of Religion and not upon the 3d of February with the Papers concerning Ireland The Article of the Treaty of the 29. of November 1643. which occasioned these Papers being by their Papers thus acknowledged not to concerne Ireland and so not pertinent to that subject the Kings Commissioners insisted no farther The King's Commissioners second Paper 19. February BY the 13th Proposition it is demanded that an Act be CLIV. passed to settle the prosecution of the Warre of Ireland in both Houses of Parliament of England to be managed by the joynt advices of both Kingdoms We desire to know Whether if the two Kingdoms shall not agree in their advice touching that Warre each have a Negative voyce or whether the Scots Commander in chiefe of the Forces in Ireland may manage that Warre in such case according to his own discretion Their Answer 19. Febr. IN answer to your Lordships second paper the prosecution of CLV the Warre of Ireland is to be setled in the two Houses of the Parliament of England but is to be managed by a joynt Committee of both Kingdoms wherein the Committee of each Kingdom hath a Negative voyce but in case of disagreement the Houses of Parliament of England may prosecute the Warre as they shall think fit observing the Treaty of the sixth of August 1642. between the two Houses and the Estates of the Parliament of Scotland and the Ordinance of the 11th of April 1644. delivered to your Lordships formerly The King's Commissioners third paper 19. February BY the 20th Proposition in the Intervals of Parliament the CLVI Commissioners for the Militia have power to nominate the Lord Deputy of Ireland and other Officers aâ—d Judges there We desire to know whether that power be limited to the Commissioners of both Kingdoms or only to the Commissioners for England and whether in such cases the Commissioners in Scotland shall vote as single persons Their Answer 19. Feb. THe power of the Commissioners in the Intervals of Parliament CLVII to nominate the Lord Deputy
and want when we come home Now my Lords although we be brought to so great an exigence that we are ready to robbe and spoyle one another yet to prevent such outrages we thought it better to try all honest meanes for our subsistence before we take such indirect courses Therefore if your Lordships will be pleased to take us timely into your considerations before our urgent wants makes us desperate we will as we have done hitherto serve your Lordships readily and faithfully But if your Lordships will not find a way for our preservations here we humbly desire we may have leave to goe where we may have a better being and if your Lordships shall refuse to grant that we must then take leave to have our recourse to that first and prymary Law which God hath endued all men with we mean the Law of nature which teacheth all men to preserve themselves The Letter of the Lords Iustices and Councell of Ireland to His Majesty of the 11. of May. 1643. May it please Your most excellent Majesty AS soon as we your Majesties Iustices entred into the X. charge of this government we took into our consideration at this Board the state of your Army here which we find suffering under unspeakable extremities of Want of all things necessary to the support of their Persons or maintenance of the Warre here being no Victualls Cloaths or other provisions requisite towards their sustenance No Money to provide them of any thing they want No Armes in Your Majesties stores to supply their many defective Armes Not above forty Barrells of Powder in Your stores No strength of serviceable Horses being now left here and those few that are their Armes for the most part lost or unserviceable No Shipps arrived here to guard the Coasts and consequently no security rendred to any that might on their private adventures bring in provisions of Victualls or other necessaries towards our subsistence and finally No visible means by Sea or Land of being able to preserve for You this your Kingdom and to render deliverance from utter destruction to the remnant of Your good Subjects yet left here We find that Your Majesties late Iustices and this Board have often and fully by very many Letters advertised the Parliament in England of the extremities of Affaires here and besought reliefe with all possible importunity which also have been fully represented to Your Majesty and to the Lord Lieutenant and Mr Secretary Nicholas to be made known to Your Majesty and although the Winds have of late for many daies and often formerly stood very faire for accessions of supply forth of England hither and that we have still with longing expectations hoped to find provisions arrive here in some degree answerable to the necessities of Your affaires yet now to our unexpressible griefe after full six months waiting and much longer patience and long suffering we find all our great expectations answered in a mean and inconsiderable quantity of provisions viz. threescore and fifteen barrells of Butter and fourteen Tunne of Cheese being but the fourth part of a small Vessells loading which was sent from London and arrived here on the fift day of this Month which is not above seaven or eight daies provision for that part of the Army which lies in Dublin and the out Garrisons thereof No mony or victualls other then that inconsiderable proportion of Victuall having arrived in this place as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of November last We have by the blessing of God been hitherto prosperous and successefull in Your Majesties affaires here and should be still hopefull by the mercy of God under the Royall Directions of Your Sacred Majesty to vindicate Your Majesties Honour and recover your rights here and take due vengeance on these Traitors for the innocent bloud they have spilt if we might be strengthened and supported therein by needfull supplies forth of England but these supplies having hitherto been expected to come from the Parliament of England on which if Your Majesty had not relied we are assured You would in Your High Wisdom have found out some other meanes to preserve this Your Kingdom and so great and apparent a failer having hapned therein and all the former and late long continuing Easterly Winds bringing us no other Provisions then those few Cheeses and Butter and no advertisements being brought us of any future supply to be so much as in the way hither whereby there might be any likelyhood that considerable means of support for Your Majesties Army might arrive here in any reasonable time before we be totally swallowed up by the Rebels and Your Kingdom by them wrested from you We find our selves so disappoynted of our hopes from the Parliament as must needs trenâ—h to the utter losse of the Kingdom if Your Majesty in Your high Wisdom ordaine not some present means of preservation for us And considering that if now by occasion of that unhappy and unexpected failing of support from thence we shall be lesse successefull in your Services here against the Rebels then hitherto whilst we were enabled with some meanes to serve you we have been the shame and dishonour may in common construction of those that know not the in-wards of the cause be imputed to us and not to the failings that disabled us and considering principally and above all things the high and eminent trust of your Affaires here deposited with us by your Sacred Majesty we may not forbeare in discharge of our Duty thus freely and plainly to declare our humble apprehensions to the end your Majesty thus truly understanding the terriblenesse of our Condition may find out some such meanes of support to preserve to your Majesties and your Royall Posterity this your Ancient and Rightfull Crowne and Kingdome and derive deliverance and safety to the Remnant of your good Subjects yet left here as in your Excellent Judgement you shall find to be most for your Honour and Advantage And so praying to the King of Kings to guide and direct you for the best in this high and important Cause and in all other your Councells and Actions we humbly remaine from your Majesties Castle of Dublin the 11th day of May 1643. Your Majesties most Loyall and most faithfull Subjects and Servants FINIS HIS MAIESTIES ANSWERS TO CERTAIN PAPERS DELIVERED IN to His Commissioners at Vxbridge upon the close of the TREATY ONE CONCERNING THE MILITIA AND TWO CONCERNING IRELAND To which being long and comming in so neare the breaking up of the Treaty no Answers could then be given See them in the Narrative N o 136. 177. 178. OXFORD Printed by Leonard Lichfield Printer to the Vniversity 1645. HIS Majesties Answers to certain Papers delivered See them in the Narrative no. 136. 177 178. in to His Commissioners at Vxbridge upon the close of the Treaty concerning the Militia and Ireland c.
A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE BEGUN AT VXBRIDGE JANUARY 30. 1644. Printed by His MAjESTIES Command AT OXFORD By Leonard Lichfield Printer to the Vniversity 1645. A TABLE OR INDEX SHEWING breifly the Method and Order of this Narrative and directing to the places where each subjects Matter therein conteyned is to be found 1. ARE set down the Messages and Propositions sent by His Majestie and brought to Him which preceded the Treaty and were inducements to it beginning Page the first and ending page the 20. 2. The Passages in the beginning of the Treaty preparatory therevnto wherein 1. Of the severall Commissions and Passages therevpon beginning pag. 20. ending pag. 29. 2. The Papers Concerning the Manner and Order of the Treaty pag. 29. ending pag. 30. 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty the first day of the Treaty and before it began pag. 30. ending pag 31 3. The Papers Concerning Religion during the whole Treaty Collected together pag. 32. ending pag. 50. 4. The Papers Concerning the Militia during the whole Treaty Collected together pag. 51. ending pag. 94. 5. The Papers Concerning Ireland during the whole Treaty Collected together pag. 93. ending pag 140 6. The Papers Concerning His Majesties Propositions and particularly for a Cessation of Armes and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty are Collected together pag. 140. ending pag. 156. 7. And lastly an Appendix is added wherein are contayned such things as are mentioned in the Narrative or were delivered in writing during the Treaty and were not Printed before or being heretofore Printed are now out of Print or not easily to be had the particulars whereof are as followeth 1. His Majesties Message from Evesham of the 4th of July 1644. pag. 157. 2. His Majesties Message from Tavestock of the 8th of September 1644. pag. 159. 3. The Bill for abolishing of Episcopacy c. pag. 160. 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169 5. The Ordinance for calling the Assembly of Divines pag. 174. 6. The Votes and Orders delivered with it pag. 180. and 181. 7. The Articles of the 6th of August 1642. concerning Ireland pag. 182. 8. The Ordinances of the 9th of March and the 11th of April touching the Forces in Ireland pag. 188. 9. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. 10. The Letters and advices from the Lords Justices and Councell of Ireland pag. 189. Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty one concerning the Militia and two concerning Ireland beginning pag. 199. His MAjESTY having received an Account from His Commissioners of their proceedings in the late Treaty atVxbridge to the end that all His people may be fully satisfied of his earnest and constant endeavours to procure the publique Peace whereby to put an end to these present miseries hath commanded this full and plain Narrative of all the passages concerning that Treaty to be made and published AFter His Majesties Message from Evesham of See these Messages in the Appendix no. 1. 2. the 4th of Iuly last desiring and propounding a Treaty for Peace And His second Message from Tavestoke of the 8th of September last renewing that desire At length on the 23 day of November last past the Earle of Denbigh and others repaired to His Majesty at Oxford with Propositions in these words following WEE Your Majesties Loyall Subjects assembled in the I. Parliaments of both your Kingdoms from the sence of that duty we owe unto Your Majesty and of the deep sufferings and many miseries under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre after long and serious consultation about the best wayes and means of their preservation and for setling Your Majesties Throne and Your Subjects in Peace and Security have with common consent Resolved upon these Propositions which we doe humbly tender unto Your Majesty The humble desires and Propositions for a safe and well grounded Peace agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms united by solemne League and Covenant to be presented to His Majesty 1. That by Act of Parliament in each Kingdom respectively all Oathes Declarations and Proclamations against both or either of the Houses of the Parliament of England and the late â—onvention of Estates in Scotland or Committees flowing from the Parliament or Convention in Scotland or their Ordinances and proceedings or against any for adhering unto them And all Indictments Outlaries and Attainders against any for the said Causes be declared Null suppressed and forbidden And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions and all other places needfull 2. That His Majesty according to the laudable example of His Royall Father of happy memory may be pleased to sweare and signe the late solemne League and Covenant And that an Act of Parliament be passed in both Kingdoms respectively for enjoyning the taking thereof by all the Subjects of the three Kingdoms and the Ordinances concerning the manner of taking the same in both Kingdoms be confirmed by Acts of Parliaments respectively with such penalties as by mutuall advice of both Kingdoms shall be agreed upon 3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops Bishops their Chancellours and Commissaries Deanes and Subdeanes Deanes and Chapters Archdeacons Canons and Prebendaries And all Chanters Chancellours Treasurers Subtreasurers Succentors Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrell or Collegiat Church And all other their under officers out of the Church of England and Dominion of Wales and out of the Church of Ireland with such alterations concerning the Estates of Prelates as shall agree with the Articles of the late Treaty of the Date at Edenborough 29. of Novemb. 1643. And joynt Declaration of both Kingdomes 4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament 5. That Reformation of Religion according to the Covenant be setled by Act of Parliament in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines And for as much as both Kingdoms are mutually obliged by the same Covenant to endeavour the nearest Conjunction and uniformity in matters of Religion that such unity and uniformity in Religion according to the Covenant as after consultation had with the Divines of both Kingdomes now assembled shall be joyntly agreed upon by both Houses of the Parliament of England and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively 6 That for the more effectuall disabling Jesuits Priests Papists and Popish Recusants from disturbing the State and
effectuating of ye foirsaides endis the concluding of the Propositions with the Estaites th aire results thairupon And all suche uyr matteris conceruing the good of bothe Kingdomes as ar or all 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 their quuorums And for this effect The Estaites Ordeanes Iohne Erle of Lowdonne Chancellor Iohne Lord Balmerino Sir Archibald Iohnstounne of Wariestounne Sir Charles Erskyne of Cambuskenneth and Hew Kennedy repaire with all dilligence to the Kingdome of England to the effect before rehearsit conforme to this Commissione and instructiones As also the Estaites Ordeanes ye saides ArchibaldMarqueis of Argyle M. George Dundas of Maner and Sir Iohne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England with all sick conventencie 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 affect above mentionat conforme to the Commissionâ— and instructiones givin or to be givin to the Commissionais or thair quuorums thair anent be the Estaites of this Kingdome or Committies yrof And the Estaites of Parliament be thir presents haldis and sall halde firme and stable all and what summ evir thinges the Commissionaris abovenameit or any thrie or mae of thame sall doe conforme to this Commisionne and to the instructionnes given or to be given to thame Extractit furthe of the butkes of Parliament be me Sir Alexander Gibsone of Dunâ—ie Knyt Clerk of His Majesties Registers and Rollis under my signâ— and subscriptionne Mannuall Alexander Gibsonne Cler. Regist After the Commissions read their Commissioners delivered to His Majesties Commissioners this paper Ianuary the 30. WEE are directed by Our Instructions to Treat with XIII your Lordships upon the Propositions concerning Religion the Militia and Ireland three daies a peice alternis vicibus during the space of twenty dayes from the 30 of Ianuary 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 subjectâ— three daies a piece Alternis vicibus beginning with that of Religion upon Friday the last of Ianuary 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 daies 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 severall heads therefore all those which concerne 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 appoynted for the Treaty And such as hapned in the Treaty touching His Majesties 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 severall heads with their particular dates And first those which concerne the Commissions Friday the last of Ianuary His Majesties Commissioners delivered unto Their Commissioners this paper Vlt. Ianuary WEE having perused the power granted to your Lordships XIV in the Paper delivered by the Earle 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 All their Commissioners were not then come to Vxbridge the Powers we have seen we doe not find that your Lordships in the absence of any one of your number have power to Treat Their Answer 31. Ianuary BY Our Instructions we or any tenne of us whereof some of either XV. House of the Parliament of England and some of the Commissioners of the Kingdome of Scotland to be present have power to Treat with your Lordships Their farther Answer Vlt. Ianuary VVHereas your Lordships have expressed unto us a desire XVI 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 returne in Answer that since the Paper already delivered in by us declaring that by our Instructions any tenne 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 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 doe expect the returne of it so amended within two or three daies when we shall present it unto your Lordships But as for your desire in generall 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 doe 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 sending of those Propositions and by the Commissions authorising 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 Sabbatis primo Febr. BE it Ordained by the Lords and Commons assembled in Parliament that Algernon Earle of Northumberland Philip XVII Earle of Pembrook and Montgomery William Earle of Salisbury Bazil Earle of Denbigh Thomas Lord Viscount Wenman Denzill Hollis William Pierrepont Sir Henry Vane junior Oliver St Iohn Bulstrode Whitlock Iohn Crew and Edmund Prideaux shall have power and authority and are hereby authorized to joyne with the Commissioners of the Parliament of Scotland together with Alexander Henderson upon the Propositions concerning Religion only or any tenne 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 Marquisse of Hertford the Earle of Southampton the Earle of Kingston the Lord Dunsmore Lord Capell Lord Seymour Sir Christopher Hatton Sir Iohn Culpeper Sir Edward Nicholas Sir Edward Hyde Sir Richard Lane
your Lordships doe not expect or intenâ— or at least are so doubtfull that the cleare sense thereof is not evident to all understandings As by the literall sense of your Propositions neither the Sheriffes of Counties or Iustices of Peace and other legall Ministers may raise Forces by the Posse Comitatus or otherwise to suppresse Riots and remove forcible Entries or to performe the other necessary duties of their places without being liable to the interpretation of the Commissioners for the Militia that such Forces are raised or Actions done for the disturbance of the publique Peace As likewise all Civill Actions and differences may be comprehended within those Propositions to be tryed before the said Commissioners neither of which we beleeve your Lordships intend should be And therefore we have in our Answers proposed what we thought would be agreeable to the matter and end of those Propositions that iâ— a reasonable and full security for the observation of the Articles of the Treaty which according to what we have offered cannot be broken on either part without evident prejudice and danger to that part which shall endeavour the breaking thereof And that the memory of these unhappy distractions may be forgotten as soon as may be that the tiâ—e of this settlement may be limited to three yeares which by the blessing of God will be sufficient to beget a good understanding between His Majesty and all His People And that the fifteenth Proposition and all the other parts of your Lordships Propositions being not at all necessary to the present union and Reconciliation may be deferred till after the Peace established to be setled by Hiâ— Majesty and the two Houses of Parliament in England and His Majesty and the Estates of the Parliament in Scotland respectively But if your Lordship shall not think this way of nomination of Persons to be Commissioners or the other proposed likewise by us in our Paper of the 6th of February for the agreement of the Commissioners between your Lordships and us to be equall We shall gladly receive any more equall way from your Lordships since it is apparant that that already proposed by your Lordships and which you insist upon in Tâ—rminis is not fit to be consented to for the quiet and Peace of the Kingdom presuming that you will thinke the security ought to be mutuall as the Feares and Iealousies are mutuall And we are most confident that His Majesty so much desires to give all reasonable and fit security on his part that the agreement and Peace to be now made shall be inviolably observed That as he will name no man for this great Trust against whom there can be just exception if the persons are named equally between him and you so if the whole nomination were left to Him He would pitch only upon such as both Kingdoms mighâ— have great cause to confide in and we believe might give full satisfaction to your Lordships And therefore we hope your Lordships will believe that the reason we consent not to your Propositions is because we conceive them destructive to the end for which they are proposed Iustice Peace and Vnity and not that we deny to consent to any reasonable security for observance of the agreement to be made of which we will alwaies be most tender with regard to all persons concerned This was the last paper delivered in the last of the six daies touching the Militia but that being taken up againe in some part of the two last daies of the Treaty as those of Religion and Ireland also were their Commissioners upon their breaking up of the Treaty about two of the clock in the morning after the 22th of February gave in a Paper intended for an Answer to this Paper which neverthelesse relates to the Paper here next following delivered by them the 21. of February mentioning a limitation of time for seaven yeares for that cause is herein set downe after that Paper and as their last of that subject and the Papers upon that Subject delivered in the mean time in the two last daies are these following Their Paper 21. Febr. WHereas your Lordships have in severall Papers much insisted CXXXI that the Commissioners mentioned in the 17th Proposition should be for a limited time that your Lordships might better give a full Answer to our desires concerning the Militia though we conceive the Reasons we have given might have satisfied your Lordships for the time to be unlimited yet to manifest our earnest desires of Peace we propose to your Lordships the time for the said Commissioners to be for seaven years from the time of the passing the Act for the Militia And that after the expiration of such terme the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise At the same time the Scotch Commissioners from themselves a part delivered in this Paper signed by their own Secretary only all the other Papers being signed by two Secretaries for the English and Scotch Commissioners 21. February VVE the Commissioners of the Parliament of Scotland do CXXXII declare that our consent to the Paper given in this day concerning the limitation of the power of the Militia in Commissioners according to the 17th Proposition to continue for seaven yeares from the time of the passing of the Act for the Militia and after the expiration of that terme to be setled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England And by His Majesty and the Estates of the Parliament of Scotland respectively and not otherwise is to be understood as followeth That we will represent the same to the Estates of the Parliament of Scotland or their Committees to which we are confident they will assent as that which is conceived to conduce to a happy agreement and setling of a firme and blessed Peace The King's Commissioners Answer 22. February VVE have hitherto conceived that this Treaty hath CXXXIII been betwixt us that are appoynted Commissioners by His Majesty and your Lordships the Commissioners from the two Houses of the Parliament of England and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper signed only by your Secretary of the 20th of Febr. concerning the Militia and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day We desire to know whether the Commissioners of the Parliament of Scotland have a negative voyce or have not power to concludeâ— without farther power to be granted from the Estates of the Parliament of Scotland and expect in this Treaty to be severally Treated with
and after your Lordships Answer to this paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20th of February Their Paper 22. February THe Treaty is betwixt us that are the Commissioners of the CXXXIV Parliaments of both Kingdoms joyntly and not severally And your Lordships the Commissioners from His Majesty And the Commissioners of the Parliament of Scotland did joyne with the Committees of the two Houses of the Parliament of England in giving in the other joynt Paper concerning the Militia delivered yesterday subscribed by both Secretaries but seeing it containes an alteration limiting the time to seaven years which in the former Propositions agreed to by both Parliaments is indefinite They did declare that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient power to conclude any thing by them agreed unto The King's Commissioners Paper 22. February WE cannot rest satisfied with your Lordships answer to CXXXV our paper delivered to you this day concerning your Lordships the Commissioners of the Parliament of Scotland it being indeed but a repetition of your Lordships paper and no answer to ours thereupon and it being very necessary for us to know whether the Commissioners of the Parliament of Scotland have a negative voyce and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland upon the answer to which we must the rather insist because your Lordships last paper gives the reason of the distinct paper delivered to us from the Commissioners of the Parliament of Scotland to be because the limitation of time now offered differs from the Propositions agreed on by both Parliaments in which the time is indefinite which seems to us to intimate that your Lordships who are the Commissioners from the Parliament of Scotland have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland although the other joynt paper delivered upon that Subject be signed by both your Secretaries and thereby it is evident that it much concernes us to know whether the said Commissioners have a negative voyce in this Treaty For the matter of your Lordships paper concerning the limitation of time for the Militia to seaven years it is not possible by reason of this shortnesse of time for the Treaty it being tenne of the clock this night when your paper was delivered to give your Lordships a full answer it being necessary for us to receive satisfaction from your Lordships in writing or by conference whether by the words And not otherwise your Lordships intend that after the expiration of the time limited His Majesty shall not exercise the legall power which he now hath over the Militia before the same be agreed upon by His Majesty and the two Houses of the Parliament of England and by His Majesty and the Estates of the Parliament of Scotland respectively for which resolution and debate we heartily wish the time were sufficient being very willing to give your Lordships all reasonable satisfaction And therefore we doe propose to your Lordships that if the Treaty may not now continue it may be adjourned for such time as you shall think fit and not totally dissolved but againe resumed which we propose as the best expedient now left us for the procuring of a blessed Peace and by it the preservation of this now miserable Kingdome from utter ruine and desolation After this about two of the clock the next morning they gave this paper following which is here mentioned to be delivered upon their breaking up the Treaty and intended for an Answer to the paper of the 17th of February n o 129. Their Paper 22. Feb. WEE conceive if your Lordships would weigh our Demands CXXXVI concerning the power of the Commissioners of both Kingdomes you will be satisfied with our Answers to your severall Questions where any doubts were of the expressions we did explaine them and where the Propositions were so cleare as they could beare no doubtfull sense we did referre your Lordships to the Propositions themselves And we conceive our Demands concerning the Militia to be most reasonable and all objections made against them to be by us removed And why your Lordships should insist that the Commissioners should not be nominated by the two Houses onely and His Majesty who is to be equally secured should name none we much marvaile at when you may well consider this power was not to be exercised by the Commissioners untill a Peace had been concluded upon this Treaty and then His Majesty had been fully secured by the Lawes of the Kingdome and by the duties and affections of His Subjects neither could the Commissioners doe any thing in violation of the Peace to the prejudice of His Majesty contrary to the Trust reposed in them they having a rule prescribed which they were not to transgresse and being removeable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being liable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this Warre an Act of Oblivion is desired to be passed whereby all His Majesties Subjects in both Kingdomes would have been put in one and the same condition and under the same protection with some exceptions mentioned in those Propositions And if the Commissioners had been severally chosen the memory of these unnaturall Divisions must needs have been continued and probably being severally named would have acted dividedly according to severall interests and the Warre thereby might be more easily revived whereas the scope of the Propositions we have tendered was to take away occasions of future differences to prevent the raising of Armes and to settle a firme and durable Peace And to your Lordships objections that the Commissioners were to continue without any limitation of time although the reasonablenesse thereof hath been sufficiently manifested to your Lordships yet out of most earnest desires of Peace we have proposed to your Lordships a time of seven yeares as is expressed in our Paper delivered to your Lordships the 21th of this instant And for the peculiar Royall Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and Warre we cannot admit thereof or that it is otherwise exercised then by authority from His Majesty and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively Neither are the Commissioners to have power to make Peace or Warre but that is referred to the 23d Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principall meanes to maintaine them is to be raised by the free guift of the Subjects out of Tonnage and Poundage and other payments upon Merchandise and the Navy and Fleet being a principall meanes of our
preservation of His Maiesties Protestant Subiects there we being very willing to concurre with your Lordships in any iust and honourable way for the good and settlement of that miserable Kingdome And together with this last the King's Commissioners delivered in this other Paper 20. February HAving given your Lordships cleare Reasons why the CLXXII Cessation which hath been made in Ireland is not in reason or â—ustice to be made voyd and that the making voyd thereof if the same might be done is not or cannot be for the benefit or advantage of His Maiesties Protestant Subiects in that Kingdome so long as the unhappy Warres in this Kingdome continue To the other part of your Lordships first Paper concerning Ireland for the prosecution of the Warre there to be setled in both Houses of the Parliament of England to be managed by the ioynt advice of both Kingdomes and His Maiesty to assist we say That it appeares by the other Papers delivered to us by your Lordships as the Articles of the Treaty of the sixth of August and the Ordinances of the eleventh of April and ninth of March and otherwise That the intent is that that Warre shall be managed by a joynt Committee of both Kingdomes and that the Committee of each Kingdome shall have a Negative voyce and consequently it is very probable that upon difference of Opinion between them that Warre may stand still or to the utter ruine of His Maiesties good Subjects there be absolutely dissolv'd For whereas your Lordships say That in case of such disagreement the Houâ—es of the Parliament of England may prosecute the War as they shall think fit observing the Treaty of the sixth of August 1642. and the Ordinance of the 11th of April your Lordships well know that by that Treaty and that Ordinance the two Houses of the Parliament of England alone cannot prosecute that Warre that Ordinance of the 11 of April expresly making the Earle of Leven the Scots Generall Commander in cheife of all Forces in that Kingdom both Brittish and Scottish without any reference unto His Majestie or His Lievtenant of that Kingdome and diâ—ecting that the Warre shall be managed by the Committee of both Kingdoms without any other reference to the two Houses of the Parliament of England and therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty or the Ordinance of the 11th of April as your Lordships propose by reason that thereby all His Majesties authority would be wholly taken away in that Kingdom And in truth that whole Kingdom be thereby delivered into the hands of His Maiesties Subiects of Scotland which we conceive is neither just prudent or honourable to be done And we are of opinion that it is not agreeable to His Majesties honour or the justice and protecttion which He owes to His Subiects of His Kingdom of Ireland to put the nomination of His Lievtenant and Iudges of that Kingdom out of Him selfe and to committ the whole power of that Kingdom to others and to binde Himselfe to passe all such Acts of Parliament as any time hereafter shall be presented to Him for raising of Moneys and other things necessary for the prosecution of the War in that Kingdom which your Lordships say in your paper the 9th of this instant you intend by those words His Maiestie to assist in your first paper And we conceive it cannot be expected that His Maiestie should consent to an Act of Parliament for prosecution of the War in Ireland to be managed by the advice of the Houses of Parliament here and the Estates of the Parliament of Scotland so long as the War in this Kingdom shall continue For these and many other reasons we conceive it doth appâ—aâ—e to your Lordships that the Propositions as they are delivered to us by your Lordships are by no meanes fit to be consented to and therefore we desire your Lordships to make other Propositions to us which may be for the preservation and releif of His Majesties Protestant Subjects there and for the settlement of that Kingdom in which we shall very readily concurr and we shall be very willing that the businesse of that Kingdom shall after a Peace setled in this be taken into consideration and ordered as His Maiestie and both Houses of Parliament here shall think fit Their Answers to these two Papers Their Paper 20. Feb. VVE expected that your Lordships would have bin fully satisfied CLXXIII by what we have alleadged against His Majesties power to make the Cessation with the Rebells in Ireland and wâ— cannot find those important reasons which your Lordships mentioned to have induced His Majesty so to do or that thereby His Majesties Protestant Subiects there have bin preserved or subsisted but we have made it evident that this Cessation tended to the utter destruction of the Protestants in that Kingdom as we conceived was designed by those who advised His Majesty thereunto and we observe your Lordships urge that this Cessation was the onely meanes for the subsistance of the Protestants there when it cannot be denyed but that very many of the Protestants in Vlster Munster Connaught have yet subsisted although they have refused to submit to the Cessation opposed the same as the meanes intended for their ruine and we do affirme unto your Lordships that the 2 Houses of Parliament have bin so far from failing to supply His Majesties good Subjects in that Kingdom that although His Majesties Forces have as much as lay in their power endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have bin in so great want and extremity yâ—t the two Houses not discouraged thereby have constantly sent great proportions of all necessary supplyes unto the Protestants there whereby they have subsisted and have very lately sent thither and have already provided to be speedily sent after in Money Victuals Clothes Ammunition and other necessaries to the value of seavenscore thousand pounds And they have not desired any other provision from His Majestie but what he was well able to afford herein only His Assistance and consent in joyning with His two Houses of Parliament for the better â—nabling them in the prosecution of that Warre and we are so far from apprehending any impossibility of reducing that Kingdom dureing the unhappy Distractions here that although many of the Forces provided by the two Houses for that end were diverted and imployed against the Parliament to the increasing of our distractions yet the Protestants in Ireland have subsisted and do still subsist and we have just cause cause to beleive that if this Cessation had not bin obteyned by the Rebels and that in the time of their greatest wants that these Forces had not bin withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdome For the pretended necessities offered as grounds of this
Cessation we have already given your Lordships We hope cleare information For the persons whose advice His Maiestie followed therein your Lordships have not thought fit to make them knowne unto us and we cannot conceive their interest in that Kingdom to be of such consideration as is by your Lordships supposed But we know very well that many persons of all sorts have forsaken that Kingdome rather then they would submit unto this Cessation and great numbers of considerable persons and other Protestants yet remaining there have opposed and still do oppose that Cessation as the visible meanes of their destruction The two Houses sent their Committees into Ireland for the better supplying and encouraging of the Armies there and to take an account of the State of the Warre to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant off but are well assured that what they did was in pursuance of their duty and for advancement of the publique service and suppressing of that horrid Rebellion and we cannot but still affirme they were discountenanced and commanded from the Councell there where the prosecution of that Warre was to be managed and that iâ— was Declared from His Majesty that he disapproved of the subscriptions of the Officers of the Army by meanes whereof that course was diverted Concerning the monies raised for Ireland we have in our former Papers given your Lordships a full and iust answer and we are sorry the same cannot receive credit those monyes raised upon charitable collections we do positively affirme were only imployed to those ends for which they were given and we cannot but wonder the contrary should be suggested we are confident the Commission desired by the two Houses for the Lord Wharton and which your Lordships acknowledge was denied was only such as they conceived most necessary for advancement of that service and the deniall thereof proved very prejudiciall thereunto And we must againe informe your Lordships that it was well knowne at the time when the goods were seised by His Maiesties Forces as your Lordships alledge neare Coventry that the same were then carrying for the supply of the Protestants in Ireland and some other provisions made and sent for the same purpose were likewise seised taken away by some of his Maiesties Forces as we have bin credibly informed not without his Maiesties own knowledge direction your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well iustifie and if the same be well done they need not feare to give an Accompt thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withall then shall be agreeable to Justice Vpon the whole matter notwithstanding the allegations pretences and Excuses offered by your Lordships for the Cessation made with the Rebels in Ireland we are clearly satisfied that the same was altogether uniust unlawfull and destructive to His Maiesties good Subiects and of advantage to none but the Popish bloudy Rebels in that Kingdom And therefore we still earnestly insist as we conceive our selves in Conscience and duty obliged upon our former demands concerning Irelanâ— which we conceive most iust and honourable for His Maâ—esty to consent unto We know no other wayes to propound more probable for the reducing of the Rebels there but these being granted we shall chearfully proceed in the managing of that War and doubt not by â—ods blessing we shall speedily settle that Kingdome in their due Obedience to His Maiesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles CLXXIV and Ordinances delivered by us unto your Lordships there should be a ground for your opinion that upon any differences between the Committees or Commanders imployed about the Warre of Ireland the Warre should stand still or be dissolved nor doe we find that the Ordinance of the 11th of Aprill can produce any such inconvenience as your Lordships do imagine Nor doth the making of the Earle of Leven Commander in chiefe of the Scottish and Brittish Forces and the setling of the prosecution of the Warre of Ireland in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms take away the relation to His Majesties authority or of the two Houses of Parliament or of the Lord Lieutenant of Ireland For in the first place His Majesties consent is humbly desired and the whole power is derived from him only the execution of it is put into such a way and the Generall is to carry on the Warre according to the Orders he shall receive from the Committee of both Kingdoms and in case of disagreement in the Committee the two Houses of Parliament are to prosecute that Warre as is expressed in our Answer to your Lordships second Paper of the 19. of February And when there shall be a Lieutenant of Ireland and that he shall joyne with the Commander in chiefe of the Scottish Army the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms as we have said in our answere to your Lordships second Paper of this day nor doth the naming of the Earle of Leven to be Generall any more take away the power of the two Houses then if he were a Native of this Kingdome or is there any part of the Kingdom of Ireland delivered over into the hands of His Majesties Subjects of the Kingdom of Scotland who doe only joyne with their Councells and Forces for carrying on the Warre and reducing that Kingdom to His Majesties obedience And we conceive it most conducing for the good of His Majesties service and of that Kingdom that the Lieutenant and Judges there should be nominated by the two Houses of Parliament as is expressed in the 20. Proposition who will recommend none to be imployed by His Maiesty in places of so great trust but such whose known ability and integrity shall make them worthy of them which must needs be best known to a Parliament Nor are they to have any greater power conferred upon them by the granting this Proposition then they have had who did formerly execute those places And we know no reason why your Lordships should make difficulty of His Maiesties consenting to such Acts as shall be presented unto Him for raising moneys and other necessaries from the Subiect which is without any charge to Himselfe for no other end but the setling of the true Protestant Religion in that Kingdom and reducing it to His Maiesties Obedience for which we hold nothing too deare that can be imployed by us And we cannot but wonder that your Lordships should make the prosecution of the Warre of Ireland which is but to execute Justice upon those bloody Rebels who have broken all Lawes of God and Man their Faith their Alleageance all bonds of Charity all rules
Powder no strength of serviceable Horse no visible means by Sea or Land of being able to preserve that Kingdom and that though the Winds had in many dayes often formerly stood very faire for accessions of supplies forth of England the two Houses having then and ever since the full Command of those Seas yet to their vnexpressible greif after full six moneths waiting and much longer patience and long suffering they found their expectations answered in an inconfiderable quantity of provisions viz. 75 Barrells of Butter and 14 Tunn of Cheese being but the 4th part of a small Vessells-loading which was sent from London and arrived there on the 5th of May. which was not above 7 or 8 days provisions for that part of the Army in and about Dublin No monâ—y or victuals other then that inconsiderable proportion of victuals having arrived there as sent from the Parliament of England or from any other forth of England for the use of the Army since the beginning of Novem. before And besides these whereof we have Copies to your Lordships it was represented to Hiâ— Majesty by Petition from that Kingdom That all meanes by which comfort and life should be conveyed to that Gasping Kingdom seemed to be totally obstructed and that unlesse timely releife were afforded His Loyall Subjects there must yeeld their fortunes for a Prey their lives for a sacrifice and their Religion for a scorn to the mercylesse Rebels Vpon all which deplorable passages represented by persons principally interessed in the managing of the affaires of that Kingdom and the War there in which number were Sr William Parsons Sr Iohn Temple Sr Adam Loftus and Sr Robert Merideth persons of great estimation with your Lordships to which we could add many other advices and letters from severall men of repute and quality but that we will not trouble your Lordships with repetition of private advices we cannot think but your Lordships are now satisfied that the necessities of that Kingdom which were the ground of the Cessation there were reall and not pretended and therefore for excuses we leave them to them who stands in need of them and we desire your Lordships to consider as the distracted condition of this Kingdom was what other way could be imagined for the preservation of that Kingdom then by giving way to that Cessation and though it is insisted on in your Lordships paper that some Protestants in Vlster Munster and Connaught who have refused to submit to that Cessation have yet subsisted yet your Lordships well know these were generally of the Scottish Nation who had strong Garrisons provided and appointed to them and were in these parts of Ireland neere the Kingdom of Scotland whence more ready supplies of Victuals might be had then the English could have from England and for whose supply as His Majesty hath bin credibly informed and we beleive that your Lordships know it to be true speciall care was taken when the English Forces and other English Protestant Subjects there were neglected whereby they were exposed to apparent destruction by Sword and Famine and we cannot but wonder at the assertion that His Majesties Forces have as much as lay in them endeavoured to prevent those supplies for Ireland and at the mention of the intercepting those provisions near Coventry with His Majesties own knowledge and direction whereas as we have formerly acquainted your Lordships it was not known to His Majesty that those provisions which were taken neere Coventry going thither when His Majesties Forces were before it were intended for Ireland till after the seisure there of when it was impossible to recover them from the Souldiers which might have bin prevented if a safe Conduct had bin desired through His Maiesties Quarters which we are assured He would have readily granted for those or any other supplies for that Kingdom but was never asked of Him and as there is no particular instance of any other provisions for Jreland intercepted by His Majesties Forces but those neere Coventry which were considerable so we can assure your Lordships that when His Maiestie was in the greatest wants of all provisions and might have readily made use of some provided for Ireland lying in Magazines within His Quarters yet he gave expresse order for the sending them away which was done accordingly and would haue supplied them further out of His own store if he had bin able and no man can be unsatisfied of His Maiesties tender sence of the miseries of His Protestant Subiects in Jreland when they shall remember how readily he gave His Royall assent to any Proposition or Acts for raising of men monyes and Armes for them that he offered to passe over in Person for their releife which His Maiesties Subiects of Scotland approved and declared it to be an argument of care in His Maiestie and if that had proceeded it might in possibility have quenehed the flames of that unhappy Rebellion as long before it miâ—ht probably haue bin prevented if the Army of Jrish Natives there had bin suffered to have bin transported out of that Kingdom as was directed by His Maiestie What Provisions are Iately sent or are now sending to Ireland from the two Houses we know not But His Majesty hath been informed that even those provisions are designed in pursuance of the late Treaty concerning Ireland made with His Subjects of Scotland without His Majesties Consent and onely for such who have deelared themselvea against His Majesties Ministers and in opposition to that Cessation to which many of them had formerly consented though they have since upon private Interest and the incouragement and solicitations of others opposed the same and therefore His Majesty cannot look upon those Supplied as a support for the Warre against the Irish Rebels or as a repayment of those monyes which being raised by Acts of Parliament for that Warre have been formerly diverted to other uses of which Money 100000l at one time was issued out for the payment of the Forces under the Earle of Essex And as to dâ—verting the Forces provided for the reducing of Ireland though we conceiv'd it ought not to be objected to His Maiesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployed against him in the Warre here in England yet it is evident they were not brought over till after the Celsation when they could no longer subsist there And that there was no present use for them and before those Forces brought over there was an attempt to bring the Scottish Forces in Ireland as likewise divers of the English Officers there into this Kingdome and since the Earle of Leven their Generall and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdome rathen then they would submit to that Cessation we know of none But it is manifest that divers who had left that Kingdom because they would have been famished if they
had continued thene since that Cessation have returned Touching the Committee sent into Ireland we have already answered they were not discountenanced by His Majesty in what they lawfully might doe although they went without his Privity but conceive your Lordships will not insist that they should sit with the Privy Councell there and assume to themselves to advise and interpose as Privy Councellors And we againe deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well knowne that some Officers apprehending upon some Specches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation there of upon those Speeches rent the book of Subscription in peeces For the diversion of the moneys raised for that Warre if they had been since repayed the contrary whereof is credibly informed to His Majesty yet that present diversion might be and we beleeve was a great meanes of the future wants of that Kingdome which indueed the Cessation As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just reasons thereof For the Letters whereof your Lordships had Copies we conceive that you being thereby satisfied of the Contents and that they came from the Lord Iustices and Councell there your Lordships need not doubt of the truth of the matter And for the names of the single persons subscribing we cannot conceive it is desired for any other purpose then to be made use of against such of them as should come into your Quarters you having not granted though desired that it shall not turn to their prejudice if we should give in their Names Vpon what hath been said it appeares That His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation And that the Warre there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnaturall Warre here it is evident to any man that shall consider that this Kingdome labouring in a Warre which imployes all the Force and wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutuall Iealousies that there cannot be that concurrence in joynt advices betwixt the King and the two Houses as will be necessary if that Warre be prosecuted And that His Majesty cannot condescend or your Lordships in reason expect His Maiesty should by his Consent to Acts of Parliament for the managing of that Warre and raising monyes to that purpose put so great a power into their hands who during these Troubles may if they will turne that power against Him And it is apparent that the continuance of the Warre here must inevitably cause the continuance of the miseries there and endanger the rending of that Kingdome from this Crowne The King's Commissioners other Paper 10. February WE do very much wonder that it doth not clearly appeare CLXXVI to your Lordships that upon any difference between the Committees of both Kingdoms in the managing the War of Ireland in the manner proposed by your Lordships the War there must stand still or be dissolved for if the Ordinance of the 11th of April be by His Majesties Royall assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both Brittish and Scottish are put under the absolute Command of the Earle of Leven the Scottish Generall and the managing the War commited wholy to the Committee of both Kingdoms without any reference to the two Houses of the Parliament of England by themselves so that whatsoever your Lordships say of your intentions that the two Houses of Parliament here shall upon such difference mannage the War which yet you say must be observing the Treaty of the 6th of August and the said Ordinance of the 11th of April it is very evident if that Ordinance should be made a Law the War must stand still or be dissolved upon difference of opinion between the Committee of both Kingdoms or else the Earle of Leven must carry on that War according to his discretion for he is in no degree bound to observe the Orders or directions of the Houses of Parliament in England by themselves neither doth the asking His Maiesties consent at all alter the case from what we stated it to your Lordships in our paper of the 20 of this instant for we said then and we say still that if His Maiesty should consent to what you propose He would devest Himself of all His Royall Power in that Kingdom and reserve no power or authority in Himselfe over that War which is most necessary for His Kingly office to do for your Lordships expression when there shall be a Leivtenant of Ireland we presume your Lordships cannot but be informed that His Maiesty hath made and we doubt not but you acknowledg He hath power to make the Lord Marquisse of Ormond His Leivtenant of that Kingdome and who is very well able to manage and carry on that War in such manner as shall be thought necessary for the good of that Kingdom and there is no question but that the naming the Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms doth more take away the power of the two Houses here then if he were a Native of this Kingdom and to obey the Orders of the two Houses And we conceive it evident that the giving the absolute Command of all Forces both Brittish and Scottish to the Earle of Leven Generall of the Scottish Forces who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms doth not amount to lesse then to deliver the whole Kingdom of Jreland over into the hands of His Maiesties Subiects of the Kingdom of Scotland therefore we must aske your Lordships pardon to believe out selves obliged in prudence honour Conseience very much to insist on that Consideration and very earnestly to recommend the same to your Lordships And we conceive it most conducing to the good of His Majesties Service and of that Kingdom that the Lievtenant and Iudges there be nominated as they have alwayes been by His Majesty who will be sure to imploy none in places of so great Trust but such whose knowne ability and integrity shall make them worthy and if at any time he shall find himself deceived by those he shall choose can best make them examples of His Iustice as they have bin of His Grace Favour and we beseech your Lordships to consider how impossible it is for His Maiestie to receive that measure of duty everence and application which is due to Him and His Royall Progenitors have alwayes enjoyed if it be not in His owne immediate power to reward those whom he shall by experience discern worthy of publick trust imployment We have made no difficulty to your Lordships of His Maiesties consenting to Acts for the raising of moneys and
carefull Election they may by providing for the good of that now miserable Kingdome discharge their duty to God the King and their Country And certainly if it be necessary to reduce that Kingdome and that the Parliament of England be a faithfull Councell to His Majesty and fit to be trusted with the prosecution of that Warre which His Majesty was once pleased to put into their hands and they faithfully discharged their parts in it notwithstanding many practices to obstruct their proceedings as is set forth in severall Declarations of Parliament then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him for raising monyes and other necessaries for that Warre for if the Warre be necessary as never War was more that which is necessary for the maintaining of it must be had and the Parliament that doth undertake and manage it must needs know what will be necessary and the People of England who have trusted them with their Purse will never begrudge what they make them lay out upon that occasion Nor need His Majesty feare the Parliament will presse more upon the Subject then is fit in proportion to the occasion It is true that heretofore Persons about His Maiesty have endeavoured and prevailed too much in possessing him against the Parliament for not giving away the money of the Subiect when His Maiesty had desired it But never yet did His Maiesty restraine them from it and we hope it will not be thought that this is a fit occasion to begin We are very glad to find that your Lordships are so sensible in your expressions of the Bloud and horror of that Rebellion and it is without all question in His Majesties Power to do Justice upon it if your Lordships be willing that the Cessation and ali Treaties with those bloudy and unnaturall Rebels be made voyd and that the prosecution of the Warre be setled in the two Houses of the Parliament of England to be managed by the joynt advice of both Kingdomes and the King to assist and to doe no Act to discountenance or molest them therein This we dare affirme to be more then a probable course for the remedying those mischiefs and preserving the remainder of His Maiesties good Subiects there We cannot believe your Lordships will think it fit there can be any Agreement of Peace any respight from hostility with such Creatures as are not fit to live no more then with Wolves or Tygers or any ravennous Beasts destroyers of mankind And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ who have imbrued their hands in so much Protestant bloud but consider the Cessation that is made with them is for their advantage and rather a protection than a Cessation of Acts of hostility as if it had been all of their owne contriving Armes Ammunition and all manner of Commodities may be brought unto them and they may furnish themselves during this Cessation and be assisted and protected in so doing that afterwards they may the better destroy the small remainder of His Maiesties Protestant Subjects We beseech your Lordships in the bowells of Christian charity and compassion to so many poor Soules who must perish if the strength of that raging Adversary be not broken and in the Name of him who is the Prince of Peace who hates to be at Peace with such shedders of Bloud give not your consents to the continuation of this Cessation of Warre in Ireland and lesse to the making of any Peace there till Justice have been fully executed upon the Actors of that accursed Rebellion Let not the Judgement of Warre within this Kingdome which God hath layed upon us for our sinnes be encreased by so great a finne as any Peace or friendship with them whatsoever becomes of us if we must perish yet let us goe to our graves with that comfort that we have not made Peace with the Enemies of Christ yea even Enemies of mankind declared and unreconciled Enemies to our Religion and Nation Let not our Warre be a hindrance to that Warre for we are sure that Peace will be a hindrance to our Peace We desire Warre there as much as we doe Peace here for both we are willing to lay out our Estates our Lives and all that is deare unto us in this World and we have made Propositions unto your Lordships for both if you were pleased to agree unto them We can but look up to God Almighty beseech him to oncline your hearts and casting our selves on him wait his good time for the returne of our Prayers in setling a safe and happy Peace here and giving successe to our Endeavours in the prosecution of the Warre of Ireland It had been used by the Commissioners during the Treaty that when Papers were delivered in of such length and so late at night that present particular answers could not be given by agreement between themselves to accept the answers the next day dated as of the day before although they were Treating of another Subject And these two last papers concerning Ireland being of such great length and delivered about twelve of the clock at night when the Treaty in time was expiring so an no answer could be given without such consent and agreement Therefore the King's Commissioners delivered in this Paper 22. February YOur Lordships cannot expect a particular answer from us CLXXIX this night to the two long Papers concerning Ireland delivered to us by your Lordships about twelve of the clock this night but since there are many particulars in those Papers to which if they had been before mentioned we could have given your Lordships full satisfaction And for that we presume your Lordships are very willing to be satisfied in those particulars which so highly reflect upon His Majesty we desire your Lordships to receive the Answers which we shall prepare to those papers in the evening to Morrow dated as of this night and we doubt not to give your Lordships cleare satisfaction therein This desire was not granted nor any Paper delivered in answer to it but soon after the Treaty broke off During the 20. daies Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occurre concerning His Majesties Propositions and particularly for a * It is the sixt of His Majesties Propositions Cessation and touching His Majesties returne to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which doe here follow And first touching His Majesties Propositions the Kings Commissioners delivered in this Paper the second day of the Treaty I. February WE desire to know whether your Lordships have any CLXXX See His Majesties Propositions n o 8. And the Letter from the Earle of Essex n o 9.
That their Commissioners should have Instructions to Treat upon them Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace And if you have any touching the same we desire to have a sight of them Their Answer I. Feb. WE have not yet received Instructions concerning His CLXXXI Maiesties Propositions and shall therefore acquaint the Lords and Commons Assembled in the Parliament of England with the desires expressed in that Paper who having taken those Instructions into their consideration before our comming from them will send them to us in time convenient After upon the third of February His Majesties Commissioners delivered this Paper concerning His Majesties sixt Proposition for a Cessation of Armes 3. February WE desire to know whether your Lordships have received CLXXXII any Instructions concerning that Proposition of His Majesties for a Cessation and if your Lordships have not received any that you will endeavour to procure Authority to Treat thereupon which we have power to doe and conceive it very necessary that during the time we are endeavourinâ— to establish a blessed and happy Peace the issues of blood may be stopped in this miserable Kingdom and His Maiesties oppressed and Languishing Subjects have some earnest and prospect of the Peace we are endeavouring by Gods blessing to procure for them To this no particular Answer was given The King's Commissioners Paper 10. February HAving now spent three daies severally upon each of CLXXXIII your Lordships three Propositions concerning Religion the Militia and Ireland we desire to know whether your Lordships have received any instructions concerning His Majesties Propositions that we may prepare our selves to Treat upon them when your Lordships shall think fit Their Answer 11. Feb. VVE have received Instructions concerning His Maiesties CLXXXIV Propositions And when the Houses of Parliament shall be satisfied in the good Progresse of the Treaty upon their Propositions concerning Religion the Militia and Ireland they will give time for the Treaty upon those Propositions sent by His Maiesty But there was not any time given to Treat upon His Majesties Propositions Touching further time for continuing or reviveing the Treaty and His Majesties Returne to Westminster after Disbanding those Papers were delivered The King's Commissioners Paper 14. Febr. VVE have this day received directions from His Majesty CLXXXV to move your Lordships that you will endeavour to procure an addition of time for this Treaty after the expiration of the daies limited for the same upon the reasons mentioned in His Majesties Letter which Letter we herewith deliver to your Lordships The Letter mentioned in the last Paper from His Majesty to His Commissioners is this RIght Trusty c. Having received from you a CLXXXVI particular accompt of your proceedings in the Treaty and observing thereby how impossible it is within the daies limited to give such full Answers to the three Propositions you are now upon as you might if upon Consideration had of the rest of the Propositions you could clearely see what fruit such Answers will produce in order to a blessed Peace for the present and the future good and happinesse of this Kingdom We have thought it fit to advise you That you propose and desire of the Commissioners with whom you Treat that they will procure such farther time to be allowed after the expiration of the Twenty daies as may be sufficient for you upon a full understanding one of another upon the whole to make such a Conclusion that all Our Subjects may reap the Benefit good men pray for Deliverance from these bloody distractions and be united in Peace and Charity And if you think fit you may communicate this Our Letter to them And so we bid you heartily farewell Given at Our Court at Oxford 13. Feb. 1644. By His MAJESTIES Command GEORGE DIGBY To Our Right Trusty c. the Lords and others Our Commissioners for the Treaty at Vxbridge Their Answer 14. Feb. COncerning the paper delivered by your Lordships for addition CLXXXVII of time for the Treaty We can give no other answer then that we will send Copies of His Maiesties Letter and of the paper unto the Houses of Parliament and after signification of their pleasure we will give further answer Afterwards on the 18th of Feb. they delivered this paper 18. February YOur Lordships may please to take notice that in the 20 dayes CLXXXVIII appointed to Treat upon the Propositions concerning Religion Militia and Ireland the first Thursday and three Sundayes are not to be included The King's Commissioners paper 20. February BY our paper delivered to your Lordships the 14th of this CLXXXIX moneth we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Majesties Letter which letter we then delivered to your Lordships whereunto your Lordships then returned answer that you would send Copies of His Majesties Letter and of our paper to the Houses of Parliament and after signification of their pleasure you would give farther Answer we now desire to know whether there may be an addition of time for this Treaty after the expiration of the dayes limited for the same upon the reasons mentioned in His Maiesties said letter and what time may be added Their Answer 20. Feb. YOur Lordships paper of the 14th of this moneth for an addition CXC of time for this Treaty together with His Maiesties Letter concerning the same were sent by us to the Houses of Parliament who * See their Paper before 11. February no. 185. as we have already acquainted your Lordships have declared That if they shall be satisfied in the good progresse of the Treaty upon the Propositions concerning Religion the Militia and Ireland will give time for the Treaty upon the Propositions by His Majesty but farther then this have not as yet signified their pleasures unto us The King's Commissioners Paper 20. February HAving now spent 18 dayes with your Lordships in the CXCI. Treaty upon Religion the Militia and Ireland besides the present satisfaction we have given your Lordships in those particulars we having offered that further consideration and order be taken therein by His Majestie and the two Houses of Parliament and your Lordships having proposed many important things in the said severall particulars to be framed setled disposed by the two Houses before a full Agreement can be established we propose to your Lordships whether the two dayes remaining may not be best spent towards the satisfying your Lordships in those 3 Propositions and the procuring a speedy blessed Peace upon finding out some expedient for His Majesties repaire to Westminster that so all differences may be composed and this poor Kingdom be restored to it's Ancient happines and security and to that purpose if your Lordships shall think fit we are willing to Treat with your Lordships concerning the best meanes whereby all