D. in Physick Will. Constantine Esq Hen. Killegrew Esq Ric. King Esq John Dutton Esq Hen. Bret Esq Will. Chadwel Esq Sir Theobald Gorges John George Esq Sir Tho. Fanshaw Humf. Conningesby Esq Ri. Seaborne Esq Arth. Lord Ranelaugh Tho. Tomkins Esq Sir Sampson Evers Sir John Culpeper Jeffrey Palmer Esq Sir John Harrison Tho. Fanshaw Esq Sir Rog. Palmer Sir Orlando Bridgman Will. Watkins Esq John Smith Esq Sir Tho. Bludder Sir Ed. Littleton Sir Harvy Bagot Sir Ri. Leveson Sir Ri. Cave Ri. Weston Esq Sir Ri. Lee. Sir Tho. Whitmore Sir Ed. Acton C. Baldwin Esq R. Goodwin Esq Tho. Howard Esq Tho. Littleton Esq Sir Ro. Howard Sir John Meux Matthew Davis Esq Sir F. Cornwallis Tho. Jermyn Esq John Taylor Esq William Basset Esq Sir William Portman Sir Edw. Rodney Tho. Hanham Esq Ed. Phelips Esq John Digby Esq Ed. Kirton Esq Christ. Leuknor Esq Sir Edw. Alford John White Esq John Ashburnham Esq Will. Smith Esq Tho. Leedes Esq Sir Ja. Thynne W. Pleydell Esq Ro. Hyde Serjeant at Law Sir Ed. Griffin Sir Walter Smith Geo. Lawe Esq Ric. Harding Esq Sir Hen. Herbert End Porter Esq Sam. Sandys Esq John Bodvill Esq Will. Morgan Esq Will. Thomas Esq Jo. Mostyn Esq Hen. Bellasis Esq Sir Geo. Wentworth Will. Mallory Esq Ri. Aldburgh Esq John Salisbury Esq Will. Herbert Esq William Price Esq Sir John Price Sir Ri. Herbert Charles Price Esq Phil. Warwick Esq Tho. Cooke Esq Sir Rob. Crooke Herb. Price Esq John Whistler Esq These Peers following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Viscount Cambden Lord Abergavenny Lord Arundell Lord Capell Lord Newport Peers imployed in His Majesty's Service or absent with leave Marquess of Winchester Marquess of Worcester Marquess of New-castle Earl of Darby Earl of Huntingdon Earl of Clare Earl of Marleborough V. Falconbridge L. Morly L. Darcy and Coniers L. Stourton L. Evers L. Daincourt L. Pawlet L. Brudenel L. Powys L. Herbert of Cherbury L. Hopton L. Loughborough L. Byron L. Vaughan L. Widderington Peers absent in the parts beyond the Seas Earl of Arundell Earl of St. Albans L. Viscount Montague L. Viscount Stafford L. Stanhope L. Coventry L. Goring L. Craven of Hamsted L. Craven of Ryton Peers in Prison for their Loyalty to His Majesty Earl of Chesterfield L. Mountague of Boughton Whoever views these numbers and considers how many Peers are at this time under Age will quickly know who and how many are privy or consenting to the Counsels at Westminster These Members of the Commons House following being disabled by several accidents to appear sooner have since attended the Service and concurred with us Peter Venables Esquire Sir John Pawlet Edward Bagshaw Esq Sir John Burlasey Francis Newport Esquire Anthony Hungerford Esq John Russel Esquire Thomas Chichley Esquire Earl of Cork Sir Gervase Clifton Sir Guy Palmes Robert Sutton Esquire Gervase Hollis Esquire Sir Patricius Curwen Sir Henry Bellingham Sir George Dalston Sir Thomas Sandford Sir William Dalston Michael Wharton Esquire Sir Robert Hatton James Scudamore Esq Sir John Brooke Sir John Stepney Imployed in His Majesty's Service or absent with leave or by Sickness Sir John Fenwick Hugh Potter Esquire Walter Kirle Esquire William Stanhope Esquire Sir William Carnaby Sir Thomas Danby John Fenwick Esquire Ralph Sneade Esquire Sir William Ogle Sir Thomas Jermyn Sir John Stowell Sir Robert Strickland Sir Philip Musgrave John Cowcher Esquire John Coventry Esquire Sir Henry Slingsby Sir John Mallory John Bellassis Esquire Sir Thomas Ingram Lord Mansfield Thomas Heblethwayte Esquire Sir Hugh Cholmely Sir George Wentworth Sir Walter Lloyd Sir Henry Vaughan Francis Lloyd John Vaughan Esquire Richard Ferrers Esq George Hartnoll Esq Sir William Vdall Robert Hunt Esquire Thomas May Esquire Sir Thomas Bowyer Sir Thomas Roe Whoever now considers how many have retired themselves unto several Counties and so are absent from Westminster and yet cannot through the danger of Travelling be present at Oxford how many have withdrawn themselves into the parts beyond the Seas how many of their own principal Instruments are Voted out of the House by themselves as Sir John Hotham and his Son Sir Alexander Carew Mr. Martin Mr. Fiennes and many others and how many now are Imprisoned by them how many Members from the beginning have been factiously kept from the House upon questions of Election and how many without any colour are kept in by not suffering their Elections to be reported and that there are Thirty five Members dead into whose rooms no new Persons are chosen how many since are become Barons by descent or Creation will easily conclude how small the number is which remains and of those how few in truth have Right in sit there CHARLES R. March 19. 1643. Our express Pleasure is That this Declaration of the Lords and Commons of Parliament assembled at Oxford be read by the Parson Vicar or Curate in every Church and Chapel within Our Kingdom of England and Dominion of Wales The Declaration of the Lords and Commons of Parliament assembled at Oxford according to His MAJESTY'S Proclamation Concerning their Endeavours since they came thither for the Peace of the Kingdom and the Reasons enforcing their Abscence from Westminster VVE the Lords and Commons of Parliament being upon just and important reasons absent from the City of Westminster whither we were Legally called or sent by the Power and Authority of His Majesty's Writ when He summoned His Parliament and being by His gracious Proclamation of the two and twentieth day of December convened at Oxford with full liberty to present our humble Advice to His Majesty for the preservation of the Religion Laws and Safety of the Kingdom thought it most agreeable to our Duty to God our zeal and tenderness of His Majesty's Honour and Safety and our Affection and Compassion of the bleeding condition of our miserable Country to use our utmost and earliest endeavours to prevent the effusion of more Christian English Blood and to close those Wounds through which this Kingdom is in danger in a short time to languish even to Desolation And finding the ill success which had attended all the Overtures of Treaty and Accommodation made by His Majesty His Majesty's most gracious Message from Nottingham being with so much contempt rejected which being sent by Members of both Houses those Messengers were not suffered to deliver it as Members or to sit in the House whilst the same was debated contrary to the Privilege of Parliament and that to the two last Messages sent by Him of the twelfth of April and nineteenth of May in both which are most gracious expressions of His Princely and passionate inclinations to Peace as may appear by those Messages herewith again re-printed there hath not been the least Answer returned to His Majesty but on the contrary His Messenger imprisoned and to this day detained and an Order that on pain of Death none should presume to come thither from His Majesty upon
and informed in the Rights of Our Sovereignty And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Judgment in the Case as it is set down in the inclosed Paper which will not only gain time but also be of more authority to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the second day of February in the twelfth year of Our Reign 1636. C. R. CHARLES R. WHen the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger whether may not the King by Writ under the Great Seal of England command all the Subjects in His Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as He shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the King the sole judge both of the Danger and when and how the same is to be prevented and avoided The Answer of the Judges MAY it please Your most Excellent Majesty We have according to Your Majestie 's command severally and every man by himself and all of us together taken into serious consideration the Case and Questions signed by Your Majesty and inclosed in Your Letter And We are of opinion That when the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger Your Majesty may by Writ under Your Great Seal of England command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual Munition and for such time as Your Majesty shall think fit for the defence and safeguard of the Kingdom from such peril and danger And that by Law Your Majesty may compel the doing thereof in case of refusal or refractoriness And we are also of opinion that in such case Your Majesty is the sole judge both of the Danger and when and how the same is to be prevented and avoided John Bramston John Finch Humphrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkly Francis Crauley Richard Weston His MAJESTIE's Declaration to all His loving Subjects of the Causes which moved Him to dissolve His Fourth Parliament THE King 's most Excellent Majesty well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments are undoubted Prerogatives inseparably annexed to His Imperial Crown of which He is not bound to render any account but to God alone no more than of His other Regal actions Nevertheless His Majesty whose Piety and Goodness have made Him ever so order and govern all things that the clearness and Candor of His Royal heart may appear to all His Subjects especially in those great and publick matters of State that have relation to the weal and safety of His People and the Honour of His Royal Person and Government hath thought fit for avoiding and preventing all sinister constructions and misinter pretations which the Malice of some persons ill-affected to His Crown and Soveraignty hath or may practise to infuse into the minds an ears of His good and faithful Subjects to set down by way of Declaration the true Causes as well of His Assembling as of His Dissolving the late Parliament IT is not unknown to most of His Majestie 's loving Subjects what discouragements He hath formerly had by the undutiful and seditious carriage of divers of the lower House in preceding Assemblies of Parliament enough to have made Him averse to those ancient and accustomed ways of calling His People together when in stead of dutiful expressions towards His Person and Government they vented their own Malice and disaffections to the State and by their subtle and malignant courses endeavoured nothing more than to bring into contempt and disorder all Government and Magistracy Yet His Majesty well considering that but few were guilty of that seditious and undutiful behaviour and hoping that time and experience had made His loving Subjects sensible of the distemper the whole Kingdom was in danger to be put into by the ill-govern'd actions of those men and His Majesty being ever desirous to tread in the steps of His most noble Progenitors was pleased to issue forth His Writs under the great Seal of England for a Parliament to be holden on the thirteenth day of April last At which day His Majesty by the Lord Keeper of His great Seal was graciously pleased to let both Houses of Parliament know how desirous He was that all His people would unite their hearts and affections in the execution of those Counsels that might tend to the Honour of His Majesty the Safety of His Kingdoms and the good and preservation of all His people and withal how confident He was that they would not be failing in their duties and affections to Him and to the publick He laid open to them the manifest and apparent mischiefs threatned to this and all His other Kingdoms by the mutinous and rebellious behaviour of divers of the Scotish nation who had by their examples drawn many of His Subjects there into a course of disloyalty and disobedience not fit for His Majesty in Honour Safety or Wisdom to endure How to strengthen themselves in their disloyal courses they had addrest themselves to forein States and treated with them to deliver themselves up to their protection and defence as was made apparent under the proper hands of the prime Ring-leaders of that Rebellious Faction These courses of theirs tending so much to the ruine and overthrow of this famous Monarchy united by the descent of the Crown of England upon His Majesty and his Father of blessed Memory His Majesty in His great Wisdom and in discharge of the trust reposed in Him by God and by the Fundamental Laws of both Kingdoms for the protection and government of them resolved to suppress and thereby to vindicate that Sovereign power entrusted to Him He had by the last Summers trial found that his Grace and Goodness was abused and that contrary to his expectation and their faithful promises they had since his being at Berwick and the Pacification there made pursued their former rebellious designs and therefore it was necessary now for his Majesty by power to reduce them to the just and modest condition of their Obedience and subjection which whenever they should be brought unto or seeing their own Errors should put themselves into a way of Humility and Obedience becoming them his Majesty should need no other Mediatours for Clemency and Mercy to them than his own Piety and Goodness and the tender affection he hath ever born to that his native Countrey This being of so great weight and consequence to the whole Kingdo
Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the several and remote parts and the Commanders Officers Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God will give such a blessing that thereupon Peace Safety and Happiness may be produced and confirmed to His Majesty and all His People H. Elsinge Cler. Parl. Dom. Com. INSTRUCTIONS agreed on by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Lord Viscount Say and Seal William Pierrepont Esq Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees appointed to attend His MAJESTY upon the Propositions made by His Majesty to the Parliament and likewise upon the other Propositions humbly presented from them to His Majesty I. YOU shall present to His Majesty the Articles agreed on for the Cessation of Arms humbly desiring His Majesty to ratifie and confirm the same under the Great Seal which being obtained you are to send it up to the Parliament with all possible speed and shall likewise beseech the King to dispatch away Messengers to the Generals Commanders and Soldiers of all His Armies and Forces with a strict Command Injunction that they observe those Articles of Cessation according as they are agreed upon as the two Houses likewise intend to give the like direction to the Lord General of the Armies raised for their Defence II. After His Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on His Majesty's behalf concerning His Majesty's own Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of His Majesty's own Revenue but in a very small proportion which for a good part hath been employed in the maintenance of His Majesty's Children according to the allowance established by Himself and they will satisfie what shall remain due to His Majesty of those Sums received out of His Majesty's own Revenues and shall leave the same to His Majesty for the time to come And you likewise shall propound to His Majesty that He will restore what hath been taken for His use upon any of the Bills assigned to other purposes by several Acts of Parliament or out of the provision made for the War of Ireland That they will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these Troubles and slight all Fortifications made since that time which Towns and Forts it is to be agreed on both parts shall continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without Consent of His Majesty and both Houses of Parliament That for those Towns and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as His Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Towns as were formerly kept by Garrisons as have been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison as they had in the year 1636 and shall be so continued and that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by His Majesty as the two Houses shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Towns Castles and Forts shall keep the same Towns Castles and Forts respectively for the Service of His Majesty and the Safety of the Kingdom and that they shall not admit into any of them any Forein Forces raised without His Majesty's Authority and Consent of the two Houses of Parliament and they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such Authority and Consent and they shall seise all Arms and Ammunition provided for any such Forces That the Ships shall be delivered into the Charge of such a Noble person as His Majesty shall nominate to be Lord High-Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quamdiu bene se gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have all other powers appertaining to the Office of High-Admiral which Ships he shall employ for the defence of the Kingdom against all Forein Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplies to be carried to the Rebels and shall use his uttermost endeavour to suppress all Forces which shall be raised by any person without His Majesty's Authority and Consent of the Lords and Commons in Parliament and shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of His Majesty's Magazines which shall remain in their hands shall be delivered into His Stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received and that the Persons to whose charge those publick Magazines shall be committed being nominated by His Majesty shall be such as the Lords and Commons shall confide in And you shall propound to His Majesty that He will restore all such Arms and Ammunition as have been taken for His use from the several Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire His Majesties speedy and positive Answer unto which if He shall be pleased to give His Assent you shall then beseech His Majesty in the name of both Houses that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire and the other Northern Counties as also in Lancashire Cheshire and in the Domiion of Wales and in Cornwal and Devon and they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging and that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces
agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seal William Pierrepont Esque Sir William Armyne Bar. Sir John Holland Bar. and Bulstrode Whitelocke Esq Committees attending His Majesty upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesty's third Article in this manner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Houses of Parliament You shall humbly present to His Majesty the Reasons herewithal sent from both Houses for their not assenting to those Alterations and Additions to the Articles of Cessation offered by His Majesty You shall press the force of those Reasons or any other as there shall be occasion in the best manner you may to procure His Majesties assent to those Articles of Cessation which if you shall obtain within two days after the day of the receit hereof you shall in the name of both Houses of Parliament agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the twenty fifth of March and upon a day certain as soon as may be when the same shall first begin and be of force within which time notice is to be given as well by His Majesty as by the Lords and Commons to the several Generals Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles And after such conclusion made you shall take care that those Articles be past under the Great Seal in a fitting and effectual manner and speedily sent up to the Lords and Commons in Parliament with four Duplicates of the same at least If His Majesty shall please to agree upon the two Propositions concerning His own Revenues Towns Forts Magazines and Ships and the disbanding of the Armies you are then authorized fully to agree and conclude upon those Propositions according to your Instructions and you shall desire His Majesty that the same may be forthwith put in execution according to the Instructions formerly given in that behalf and the two Houses will be ready to put in execution what is to be performed on their part of which you have hereby power to assure His Majesty And if His Majesty shall not be pleased to agree upon those two Propositions within the time of four days you shall then speedily give advertisement to the two Houses of Parliament that thereupon they may give such further direction as to them shall seem fit Josh Brown Cler. Parliamentorum Reasons for the Committee Martii 27. 1643. To the Kings most Excellent Majesty THe Lords and Commons in Parliament assembled do with all humble thankfulness acknowledge Your Majesty's Favour in the speedy admission of their Committee to Your Royal Presence and the expedition of Your Exceptions to their Articles that so they might more speedily endeavour to give Your Majesty satisfaction and although they were ready to agree to the Articles of Cessation in such manner as they exprest in their Preface they cannot agree to the Alteration and Addition offered by Your Majesty without great prejudice to the Cause and danger to the Kingdom whose Cause it is The reasons whereof will plainly appear in the Answer to the particulars prest by Your Majesty I. They do deny that they have restrained any Trade but to some few of those places where Your Majesty's Forces are inquartered and even now in the heat of War do permit the Carriers to go into all the parts of the Kingdom with all sorts of Commodities for the use of the Subjects except Arms Ammunition Mony and Bullion But if they should grant such a free Trade as Your Majesty desired to Oxford and other places where Your Forces remain it would be very difficult if not impossible to keep Arms Ammunition Mony and Bullion from passing into Your Majesty's Army without very strict and frequent Searches which would make it so troublesome chargeable and dangerous to the Subjects that the question being but for twenty days for so few places the Mischiefs and Inconveniences to the whole Kingdom would be far greater than any Advantage which that small number of Your Subjects whom it concerns can have by it The case then is much otherwise than is exprest by Your Majesty's Answer for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the Cessation the truth is that they do grant it as fully to the benefit of the Subject even in time of War and that Your Majesty in pressing this for the Peoples good doth therein desire that which will be very little beneficial to the Subjects but exceeding advantagious to Your Majesty in supplying Your Army with many necessaries and making Your Quarters a staple for such Commodities as may be vented in the adjacent Counties and so draw Mony thither whereby the Inhabitants will be better enabled by Loans and Contributions to support Your Majesty's Army And as Your Majesty's Army may receive much Advantage and the other Army much Danger if such freedom should be granted to those places so there is no probability that the Army raised by the Lords and Commons shall have any return of Commodities and other Supplies from thence which may be useful for them And they conceive that in a Treaty for a Cessation those demands cannot be thought reasonable which are not indifferent that is equally advantagious to both parties As they have given no interruption to the Trade of the Kingdom but in relation to the supply of the contrary Army which the reason of War requires so they beseech Your Majesty to consider whether Your Souldiers have not robbed the Carriers in several parts where there hath been no such reason and Your Ships taken many Ships to the great damage not only of particular Merchants but of the whole Kingdom and whether Your Majesty have not declared Your own purpose and endeavoured by Your Ministers of State to embarque the Merchants goods in Forein parts which hath been in some measure executed upon the East-land Merchants in Denmark and is a course which will much diminish the Wealth of the Kingdom violate the Law of Nations make other Princes Arbiters of the Differences betwixt Your Majesty and Your People break off the intercourse betwixt this and other States and like to bring us into quarrels and dissentions with all the neighbour-Nations II. To demand the approving of the Commanders of the Ships is to desire the strength of one party to the other before the difference be ended and against all Rules of Treaty To make a Cessation at Sea would leave the Kingdom naked to those Forein Forces which they have great cause to believe have been sollicited against them and the Ports open for such supplies of Arms and Ammunition as shall be brought from beyond the Seas But for conveying any number of Forces by those means from one part to another they
is intended may be so exprest and understood that no mistakes may arise so that His Majesty may not be understood to consent to any imposing upon levying distraining or imprisoning His good Subjects to force them to contribute or assist against Him which He shall always continue to inhibit requiring all men to resist those Illegal acts of Injustice and Violence against which He doth absolutely protest and so that there may not be a liberty for any Rapine Plundering or seizing upon His Subjects by any of the Soldiers of that Army for not submitting to such Illegal Impositions as aforesaid For otherwise they may during this Cessation besides what is already imposed impose new Taxes not only to the Nineteenth part but if they please for their pleasure is all their bound to the half of or all their Estates upon His good Subjects in His City of London and all Counties within their reach and their Army would then be at leisure to be employed as Collectors as well of the old Impositions which in most places without their Army they cannot levy as of any such new one and vast summs would and might by this means be raised to the destruction of His Subjects extraordinary advantage to them and great disadvantage to His Majesty who can neither obtain His own Consent to take the like courses nor in case He could is He so quartered as to have within the power of His Army without breach of the Cessation by drawing nearer to their Forces any such City or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it self and for His People than such a limitation so nothing can be more unequal to His Majesty or more advantagious to them than the admission of or connivance to any such practices upon His People This Cessation to begin on the 9. of April and to continue to the end of 20. days from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable Peace may be agreed on and both Armies speedily disbanded otherwise if during this Cessation in the Articles of which His Majesty in order to Peace hath yielded to things manifestly unreasonable and prejudicial to His Army the Treaty be not dispatched His Majesty cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the Cessation in the Quarters in which He hath so long been and now is and which will hardly be able to hold out so long but must be forced to remove as He shall find agreeable for His Occasions And in case any delay be made in consenting to these His Majesty's limitations or that the Houses shall reject this His offer of Cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire that the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Jo. Brown Cler. Parliamentorum Copia vera Addition of four days longer to Treat April 4. 1643. WE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. the first Proposition of Your Majesty and the first Proposition of both Houses and that the time prescribed for the Treaty upon the two first Propositions shall be until Friday night Northumberland John Holland B. Whitelocke Will. Pierrepont Will. Armyne A Letter from both Houses received April 8. 1643. WE are commanded to send these inclosed Instructions to you from both Houses of Parliament by which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7. of April 1643. Your humble Servants Manchester Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepont Esq Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelocke Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOU are hereby to take notice That the two Houses have considered His Majesty's Answer to their Reasons concerning the Cessation wherein there are divers expressions which reflect much upon the Honour and Justice of the Houses and might occasion particular Replies yet at this time they desire to decline all Contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy Peace For which cause they do not think good to consume any more of that time allowed for the Treaty in any farther debates upon the Cessation concerning which they find His Majesty's expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole Treaty being but seven days if the Cessation were presently agreed it would not yield any considerable advantage to the Kingdom Wherefore you shall desire His Majesty that He will be pleased to give a speedy and positive Answer to their first Proposition concerning the Disbanding that so the People may not have only a Shadow of Peace in a short time of Cessation but the Substance of it in such manner as may be a perpetual Blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English blood and Desolation of many parts of the Land For the obtaining of which Happiness the Lords and Commons have resolved to enlarge your Power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the Cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further Instructions to proceed to the other Propositions that so the whole Treaty may be determined within the twenty days formerly limited to be reckoned from the 25 of March last which can admit no alteration or enlargement without manifold Prejudice and Danger to the whole Kingdom Joh. Brown Cler. Parliamentorum The KING's Reply touching Cessation and His desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Committee according to His Majesty's desire had had but power to agree in the wording of Expressions in the Articles of Cessation His Majesty's which are as clear as the matter would bear and as He could make them had not appeared so doubtful to any but that the Cessation
Letters to the Speaker of the House of Commons a Copy of which was sent to Us were forthwith sent to them That Our Army would be forced through wants to disband or depart the Kingdom and that there would be nothing to be exspected there but the instant Loss of the Kingdom and the destruction of the remnant of Our good Subjects yet left there In stead of any redress or relief according to these Letters such Ships as were by the care and charity of well-affected Persons provided to transport Cloths and Victual to them were in their Voyage thither seized and taken by the Ships under the Command of the Earl of Warwick and in stead of endeavours to send more Forces thither attempts were made to draw the Scotch Forces from thence into this Kingdom So that We thought Our Self bound in Duty and Conscience since it was not in Our power otherwise to preserve that Kingdom from utter Ruine at least to admit any Expedient which with God's blessing might be a means to preserve that People and therefore We directed the Lord Marquess Ormond whom for his Courage Affection and Loyalty We had made Our Lieutenant-General of that Our Army and who having gotten so many notable Victories upon the Rebels was very well approved of by the two Houses of Parliament to agree on Our behalf to such a Cessation of Arms with the Rebels as upon his understanding and knowledge of the condition of Our affairs there should be thought reasonable This Cessation was concluded on the 15. day of September for one whole year and the Articles thereof printed at Dublin were sent to Us by Our Lords Justices and Council and arrived here on Saturday last with a Letter from them to one of Our Secretaries expressing the great sufferings of Our Army there through want of relief out of England We have thought fit with this true and plain relation to publish the said Articles according to the Copy sent Us that all Our good Subjects may see how We have proceeded herein What opinion the principal Persons as well of Our Council as the Officers of Our Army there have of this Cessation may appear by the Testimony which We have caused to be Printed after the Articles with their names who have set their hands to the same And let all Our good Subjects be assured that as We have for these Reasons and with this Caution and deliberation consented to this Preparation to Peace and to that purpose do continue Our Parliament there so We shall proceed in the accomplishing thereof with that care and circumspection that We shall not admit even Peace it self otherwise than as it may be agreeable to Conscience Honour and Justice By the Lords Justices and Council Jo. Borlase Hen. Tichborne UPON consideration had of the annexed Articles of Cessation of Arms whereby it is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility for one whole year beginning the fifteenth day of September Anno Domini one thousand six hundred forty three at the hour of twelve of the Clock of the said day We the Lords Justices and Council according to His Majesty's Letters of the one and thirtieth of July last do by this Proclamation in His Majesty's Name ratifie confirm and publish the same and do require all His Majesty's Subjects whom it may concern by Sea and Land to take notice thereof and to yield all due Obedience thereunto in all the parts thereof Given at His Majesty's Castle of Dublin the 19th day of September 1643. R. Bolton Canc. Roscomon Cha. Lambart Tho. Rotherham Tho. Lucas La. Dublin Edw. Brabazon Geo. Shurley Ormonde Ant. Midensis Gerard Lowther Fr. Willoughby Ja. Ware God Save the KING ARticles of Cessation of Arms agreed and concluded on at Singingstown in the County of Kildare the 15. day of September in the nineteenth year of His Majesty's Reign by and between James Marquess of Ormond Lieutenant-General of His Majesty's Army in the Kingdom of Ireland for and in the Name of Our Gracious Sovereign Lord CHARLES by the Grace of God King of Great Britain France and Ireland c. by virtue of His Majesty's Commission bearing date at Dublin the last of August in the said nineteenth year of His Majesty's Reign of the one part and Donnogh Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neal Geffry Brown Ever Mac-Gennis and John Walsh Esquires authorized by His Majesty's Roman Catholick Subjects of whose party they are and now in Arms in the said Kingdom c. to treat and conclude with the said Marquess for a Cessation of Arms by virtue of an Authority given unto them bearing date at Cashel the 7. day of September in the said nineteenth year of His Majesty's Reign of the other part FIrst It is concluded and accorded that there be a Cessation of Arms and of all Acts of Hostility between His Majesty 's said Roman Catholick Subjects who are now in Arms c. in this Kingdom and their Party and all others His Majesty's good Subjects for one whole year to begin the fifteenth day of Septemb. Anno Dom. 1643. at the hour of 12. of the clock of the said day Item It is concluded and accorded that free passage Entercourse Commerce and Traffick during the said Cessation shall be between His Majesty 's said Roman Catholick Subjects who are now in Arms c. and their Party and all others His Majesty's good Subjects and all others in League with His Majesty by Sea and Land Item It is concluded and accorded and the said Viscount Muskery and the rest of the above-named Persons do promise and undertake for and in the behalf of those for whom they are authorized to treat and conclude as aforesaid that all Ships Barques and Vessels which shall bring Provisions to any Harbour in this Kingdom in the hands or possession of such as shall obey the Articles of this Cessation from Minehead and White-haven and from all the Ports between on that side where Wales is situate so as they be Ships belonging to any of the said Ports and do not use any Acts of Hostility to any of the said Roman Catholicks who are now in Arms c. or to any of their Party or to any who shall be waged or employed unto or by them shall not be interrupted by any of their Party nor by any Ships or other Vessels of what Country or Nation soever under their Power or Command or waged employed or contracted with on their behalf or by any Forts Garrisons or forces within this Kingdom under their power in their coming to this Kingdom or returning from thence Item It is concluded and accorded and the said Lord Viscount Muskery and the rest of the above-named parties do promise and undertake for and in the behalf of those for whom they are authorized as aforesaid that all Ships Barques and Vessels which shall bring
said 15th of Sept. 1643. at the hour aforesaid are possessed by any of His Majesty's Forces or by any of them and that those who after taking protection from any of His Majesty's Forces or any of that Party or from any Governours deriving Authority from His Majesty there have joyned themselves to the said Roman Catholick Subjects now in Arms c. and their Party shall pay no Contribution unto such who protected them But in regard there may be a Rule different touching Persons that may be said to do this and consequently touching the Contributions payable by them it is concluded and accorded that such disputes and questions if any shall arise be determined by Commissioners indifferently chosen on each side And it is concluded and accorded that the like Rule for sowers and manurers of Corn within the Quarters of each other shall be observed in the Province of Connaght as is set down for Leimster Item It is concluded and accorded and the said Marquess of Ormond for and in the name of His Majesty doth promise and undertake that no Interruption shall be given unto any of the said Roman Catholick Subjects now in Arms c. or their Party in any of the said Counties Quarters or places by the said precedent Articles unto them or any of them limited as aforesaid during this Cessation like as the said Donnogh Viscount Muskery and the rest of the above-named persons who are authorized as aforesaid do promise and undertake that no Interruption shall be given unto any of His Majesty's Forces Protestant Subjects or such as adhere unto them within any of the said Counties Quarters or places by the precedent Articles limited unto them as aforesaid during the said Cessation Item It is concluded and accorded that no Officer of the Army or Souldier of either side shall be admitted without licence from the Commander in chief of the Army on bothsides or of the Commander of the next chief Garrisons respectively to pass or repair into any of the Garrisons on either side save that it be lawful for either Party to furnish any Garrison in their Power during the Cessation with Victuals Cloth Ammunition or other Necessaries by licence as aforesaid which is not to be denied upon demand Item It is concluded and accorded that if any Army or Forces in this Kingdom raised by His Majesty's Authority or any part thereof or any other His Majesty's Subjects shall not yield obedience to the Articles of this Cessation but shall publickly stand in opposition thereunto that the said Roman Catholick Subjects now in Arms c. and their Party may prosecute such and the said James Marquess of Ormond doth promise and undertake that such who shall so stand in opposition shall not be assisted protected or defended against the said Roman Catholick Subjects now in Arms c. or their Party by His Majesty or any of His Forces and yet nevertheless the same shall not be understood to be any breach of Cessation as to other parts of the Kingdom which shall conform and yield thereunto And whereas the assistance of His Majesty's Forces is desired by the said Roman Catholick Subjects now in Arms c. against such as shall oppose the Articles of this Cessation and will not yield obedience thereunto or interrupt the Trade and Traffick albeit that it is not to be supposed that there will be any such the said James Marquess of Ormond doth further promise and undertake that their said request shall be made known to His Majesty and upon signification of His pleasure the same shall be obeyed Item It is concluded and accorded that if in other cases it be pretended on either side that the Cessation is violated that yet no Act of Hostility is immediately to follow but first the Party complaining is to acquaint the Lord General Lieutenant-General or other chief Commander of either side in that Province in which the said Cessation is pretended to be violated therewith and to allow fourteen days after notice given for reparation or satisfaction and in case reparation or satisfaction be not given or tendred then fourteen days notice to be given before Hostility begin Item It is concluded and accorded that all Prisoners and Hostages of both sides in all parts of the Kingdom excepting such of them as are indicted of any Capital offence shall be mutually released and set at liberty within seven days after publication of the said Cessation And the said Marquess of Ormond doth further promise and undertake that such Prisoners who are indicted of any Capital offence shall be set at liberty upon Bail until His Majesty's further Pleasure be known therein Provided nevertheless that if any party of His Majesty's Army in any other Province of the Kingdom shall not within Ten days after Publication of these Articles yield obedience thereunto that the same shall be no breach of Cessation but that His Majesty be first made acquainted with such Disobedience and His Direction expected therein and that all other Persons that do reside with either Party and all Women and Children shall be permitted within seven days after publishing of this Cessation or when they please with their Goods and Chattels to depart to what place they please with a safe Conduct or Convoy if they desire it Item It is concluded and accorded that the said Roman Catholick Subjects now in Arms c. and their Party may at any time during the Cessation send such Agents to His Majesty as they shall think fit and the said Agents shall have safe Conduct in writing from the chief Governour or Governours of this Kingdom for the time being upon demand Item It is concluded and accorded and the said Marquess of Ormond doth promise and undertake for and in the name of His Majesty that all and every of the precedent Articles which have been agreed unto and undertaken by the said Marquess for and in the behalf of His Majesty shall be faithfully truly and inviolably observed fulfilled and kept And the said Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Torlogh O-Neale Geffry Brown Ever Mac-Gennis and John Walsh Esquires for and in the behalf of the said Roman Catholick Subjects now in Arms c. and their Party do promise and undertake that all and every of the precedent Articles which have been agreed unto and undertaken by them for and in the behalf of their Party shall be faithfully truly and inviolably observed fulfilled and kept Lastly It is concluded and accorded that all possessions and likewise all Goods and Chattels that shall be found in specie by either Party after the hour of twelve aforesaid and before publication of this Cessation shall be restored to the owners and after publication all Possessions and Goods that shall be taken to be restored to the owners upon demand or damages for the same In witness whereof the said Marquess to the said Articles remaining with the said
Viscount Muskery and the rest of the above-named Persons hath put his Hand and Seal And the said Viscount Muskery Sir Lucas Dillon Knight Nicholas Plunket Esquire Sir Robert Talbot Baronet Sir Richard Barnewell Baronet Torlogh O-Neale Geffry Brown Ever Mac-Gennis and John Walsh Esquires to that part of the Articles remaining with the said Marquess of Ormond have put their Hands and Seals the day and year above written Muskery Lucas Dillon Nic. Plunket Rob. Talbot Rich. Barnewell Torl O-Neale Geffry Browne Ever Mac-Gennis Jo. Walsh An Instrument touching the manner of payment of 30800. pound Sterling by several Payments VVHereas by an Instrument bearing Date with these presents we have in the behalf and by Authority from the Roman Catholicks of this Kingdom freely given unto His Majesty the Sum of thirty thousand pounds Sterling wherein the times or manner of payments are not expressed we do therefore hereby agree that the same shall be paid in manner following viz. 5000. pounds within one Month next after the Date of these presents the one half in money and the other half in goods and merchantable Beeves not under four or above ten years old at the rate of 30 pounds the score at the City of Dublin 5000 pounds more within one month next after the said first month the one half in money and the other half in Beeves as aforesaid at the like rates at the City of Dublin aforesaid also within two months next after 5000 pounds more whereof one half of Beeves as aforesaid at the like rates and the other half in money one other 5000 pounds at or before the last of February next and the Sum of 10000 pounds being the last payment of the said thirty thousand pounds at or before the last day of May next which shall be in the year 1644. And we hereby further agree that 800 pounds more shall be paid to His Majesty's use to whom the Lords Justices shall appoint at the Garrison of Naas within two months next ensuing the one half by one months end next after the Date hereof and the other half by the end of one month more next after the first month All other payments in money save the eight hundred pounds shall be paid at Dublin and the rest of the Beeves save the said first two payments to be paid within the several Provinces to His Majesty's use to such persons as shall be appointed by His Majesty's Lords Justices or other chief Governour or Governours in this Kingdom they first giving notice to us or any one or more of us of their pleasures therein In witness whereof we have hereunto put our Hands and Seals the sixteenth day of September 1643. Muskery Lucas Dillon Nic. Plunket Rob. Talbot R. Barnewell Tor. O-Neale Geffry Browne Ever Mac-Gennis Jo. Walsh VVHereas the Lord Marquess of Ormond hath demanded the Opinions as well of the Members appointed from the Council-board to assist his Lordship in the present Treaty as of other Persons of Honour and Command that have since the beginning thereof repaired out of several parts of this Kingdom to his Lordship they therefore seriously considering how much His Majesty's Army here hath already suffered through want of relief out of England though the same was often pressed and importuned by His most Gracious Majesty Who hath left nothing unattempted which might conduce to their support and maintenance and unto what common Misery not only the Officer and Souldier but others also His Majesty's good Subjects within this Kingdom are reduced and further considering how many of his Majesty's principal Forts and places of strength are at this present in great distress and the imminent danger the Kingdom is like to fall into and finding no possibility of prosecuting this War without large Supplies whereof they can apprehend no hope nor possibility in due time they for these causes do conceive it necessary for His Majesty's Honour and Service that the said Lord Marquess assent to a Cessation of Arms for one whole Year on the Articles and Conditions this day drawn up and to be perfected by virtue of His Majesty's Commission for the preservation of this Kingdom of Ireland Witness our Hands the fifteenth day of September 1643. Clanrickard and St. Albans Roscomon Richard Dungarvan Edward Brabazon Inchequin Thomas Lucas James Ware Michael Ernly Foulk Huncks John Powlet Maurice Eustace Edward Povey John Gifford Philip Percival Richard Gibson Henry Warren Alanus Cooke Advocatus Regis MDCXLIII By the King A Proclamation for the Assembling the Members of both Houses at Oxford upon occasion of the Invasion by the Scots VVHereas We did by our Proclamation bearing date the twentieth day of June last upon due consideration of the Miseries of this Kingdom and the true Cause thereof warn all Our good Subjects no longer to be mis-led by Votes Orders or pretended Ordinances of One or Both Houses by reason the Members do not enjoy the Freedom and Liberty of Parliament which appears by several instances of Force and Violence and by the course of their Proceedings mentioned in Our said Proclamation and several of Our Declarations since which time Our Subjects of Scotland have made great and Warlike preparations to enter and invade this Kingdom with an Army and have already actually invaded the same by possessing themselves by force of Arms of Our Town of Berwick upon pretence that they are invited thereunto by the desires of the two Houses the which as We doubt not all Our good Subjects of this Kingdom will look upon as the most insolent Act of Ingratitude and Disloyalty and to the apparent breach of the late Act of Pacification so solemnly made between the Kingdoms and is indeed no other than a design of Conquest and to impose new Laws upon this Nation they not so much as pretending the least Provocation or Violation from this Kingdom so We are most assured that the major part of both Houses of Parliament do from their Souls abhor the least thought of introducing that Foreign Power to increase and make desperate the Miseries of their unhappy Country And therefore that it may appear to all the World how far the major part of both Houses is from such Actions of Treason and Disloyalty and how grossly those few Members remaining at Westminster have and do impose upon Our People We do Will and require such of the Members of both Houses as well those who have been by the Faction of the Malignant party expelled for performing their Duty to Us and into whose rooms no Persons have been since chosen by their Country as the rest who have been driven thence and all those who being conscious of their want of Freedom now shall be willing to withdraw from that Rebellious City to assemble themselves together at our City of Oxford on Munday the twenty second day of January where care shall be taken for their several Accommodations and fit places appointed for their meeting and where all Our good Subjects shall see how willing
Treason being first declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding And he or they that shall offend herein to be incapable of any Pardon from His Majesty His Heirs or Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided that the City of London shall have and enjoy all their Rights Liberties and Franchises Customs and Usages in the raising and imploying the Forces of that City for the defence thereof in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition to the end that City may be fully assured it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces which they have or might have used or injoyed heretofore The like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit XIV That by Act of Parliament all Peers made since the day that Edward Lord Littleton then Lord Keeper of the Great Seal deserted the Parliament and that the said Great Seal was surreptitiously conveyed away from the Parliament being the One and Twentieth day of May 1642. and who shall be hereafter made shall not sit or Vote in the Parliament of England without Consent of both Houses of Parliament and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twentieth of May 1642. being the day that both Houses declared That the King seduced by evil Counsel intended to raise War against the Parliament be declared null and void The like for the Kingdom of Scotland those being excepted whose Patents were passed the Great Seal before the fourth of June 1644. XV. That an Act be passed in the Parliaments of both Kingdoms respectively for Confirmation of the Treaties passed betwixt the Two Kingdoms viz. the large Treaty the late Treaty for the coming of the Scots Army into England and the settling of the Garrison of Barwick of the 29 th of November 1643. and the Treaty concerning Ireland of the 6. of August 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland with all other Ordinances and Proceedings passed betwixt the Two Kingdoms and whereunto they are obliged by the aforesaid Treaties And that Algernon Earl of Northumberland John Earl of Rutland Philip Earl of Pembroke and Montgomery Robert Earl of Essex Theophilus Earl of Lincoln James Earl of Suffolk Robert Earl of Warwick Edward Earl of Manchester Henry Earl of Stamford Francis Lord Dacres Philip Lord Wharton Francis Lord Willoughby Dudly Lord North John Lord Hunsdon William Lord Gray Edward Lord Howard of Escrich Thomas Lord Bruce Ferdinando Lord Fairfax Master Nathaniel Fiennes Sir William Armyne Sir Philip Stapleton Sir Henry Vane senior Master William Pierrepont Sir Edward Aiscough Sir VVilliam Strickland Sir Arthur Hesilrig Sir John Fenwick Sir VVilliam Brereton Sir Thomas VViddrington Master John Toll Master Gilbert Millington Sir VVilliam Constable Sir John VVray Sir Henry Vane junior Master Henry Darley Oliver Saint-John Esquire His Majesties Solicitor General Master Denzill Hollis Master Alexander Rigby Master Cornelius Holland Master Samuel Vassal Master Peregrine Pelham John Glyn Esquire Recorder of London Master Henry Marten Master Alderman Hoyle Master John Blakeston Master Serjeant VVilde Master Richard Barwis Sir Anthony Irby Master Ashurst Master Bellingham and Master Tolson Members of both Houses of the Parliament of England shall be the Commissioners for the Kingdom of England for Conservation of the Peace between the Two Kingdoms to act according to the Powers in that behalf exprest in the Articles of the large Treaty and not otherwise That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prosecution of the Articles of the large Treaty which are not yet finished XVI That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms bearing date the 30 th day of January 1643. in England and 1644. in Scotland with the Qualifications ensuing 1. Qualification That the persons who shall expect no pardon be only these following Rupert and Maurice Count Palatines of the Rhene James Earl of Derby John Earl of Bristol VVilliam Earl of Newcastle Francis Lord Cottington George Lord Digby Matthew Wren Bishop of Ely Sir Robert Heath Knight Doctor Bramhall Bishop of Derry Sir William Widdrington Colonel George Goring Henry Jermin Esquire Sir Ralph Hopton Sir John Biron Sir Francis Doddington Sir John Strangwayes Master Endymion Porter Sir George Radcliffe Sir Marmaduke Langdale Henry Vaughan Esquire now called Sir Henry Vaughan Sir Francis Windebanke Sir Richard Greenvile Master Edward Hyde now called Sir Edward Hyde Sir John Marley Sir Nicholas Cole Sir Thomas Riddell junior Sir John Culpepper Master Richard Lloyd now called Sir Richard Lloyd Master David Jenkins Sir George Strode George Carteret Esquire now called Sir George Carteret Sir Charles Dallison Knight Richard Lane Esquire now called Sir Richard Lane Sir Edward Nicholas John Ashburnham Esquire Sir Edward Herbert Knight His Majesties Attorney General Earl of Traquaire Lord Harris Lord Rae George Gourdon sometime Marquess of Huntley James Graham sometime Earl of Montross Robert Maxwell late Earl of Nithisdale Robert Dalyell sometime Earl of Carnwarth James Gordon sometime Viscount of Aboyne Lodowick Linsey sometime Earl of Crawford James Ogleby sometime Earl of Airley James Ogleby sometime Lord Ogleby Patrick Ruthen sometime Earl of Forth James King sometime Lord Itham Alester Macdonald Irwing younger of Drunim Gordon younger of Gight Lesley of Auchentoule Colonel John Cockram Graham of Gorthie Master John Maxwell sometime pretended Bishop of Rosse and all such others as being Processed by the Estates for Treason shall be condemned before the Act of Oblivion be passed 2. Qualification All Papists and Popish Recusants who have been now are or shall be actually in Arms or voluntarily assisting against the Parliaments or Estates of either Kingdom and by name The Marquess of VVinton Earl of VVorcester Edward Lord Herbert of Ragland Son to the Earl of VVorcester Lord Brudenell Carel Molineaux Esquire Lord Arundel of VVardour Sir Francis Howard Sir John VVinter Sir Charles Smith Sir John Preston Sir Bazill Brook Lord Audley Earl of Castlehaven in the Kingdom of Ireland VVilliam Sheldon of Beely Esquire Sir Henry Beddingfield 3. Qualification All persons who have had any hand in the plotting designing or assisting the Rebellion of Ireland except such persons who having only assisted the said Rebellion have rendred themselves or come in to the Parliament of England 4. Qualification That Humfrey Bennet Esquire Sir Edward Ford Sir John Penruddock Sir George Vaughan Sir John Weld Sir Robert Leè Sir John Pate John Ackland Edmund Windham Esquire Sir John Fitz-herbert
will bear IV. That according to the seventh Head in the said Declaration an effectual course may be taken that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied V. That provision may be made for payment of Arrears to the Army and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late Desires and Proceedings thereof and in the next place for payment of the Publick Debts and Damages of the Kingdom and that to be performed first to such persons whose Debts or Damages upon the Publick Account are great and their Estates small so as they are thereby reduced to a difficulty of subsistence In order to all which and to the fourth particular last preceding we shall speedily offer some farther particulars in the nature of Rules which we hope will be of good use towards publick satisfaction August 1. 1647. Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War Jo. Rushworth Secret Propositions presented to His MAJESTY at Hampton-Court upon Tuesday the seventh of September 1647. by the Earls of Pembroke and Lauderdale Sir Charles Erskin Sir John Holland Sir John Cooke Sir James Harrington Mr. Richard Browne Mr. Hugh Kenedy and Mr. Robert Berkley in the names of the Parliament of England and in behalf of the Kingdom of Scotland May it please your Majesty WE the Lords and Commons assembled in the Parliament of England in the name and on the behalf of the Kingdoms of England and Ireland and the Commissioners of the Parliament of Scotland in the name and on the behalf of the Kingdom of Scotland do humbly present unto Your Majesty the humble Desires and Propositions for a safe and well grounded Peace agreed upon by the Parliaments of both Kingdoms respectively unto which We do pray Your Majesties Assent and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them may be established and Enacted for Statutes and Acts of Parliament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively Heads of the Propositions presented to the King's Majesty for a safe and well-grounded Peace 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms 2. His Majesty to sign the Covenant 3. To pass a Bill for abolishing Bishops 4. To pass a Bill for Sale of Bishops Lands 5. To confirm the sitting of the Assembly 6. Religion to be reformed as the Houses agree 7. Such Vniformity of Religion to be passed in an Act. 8. An Act passed against Popish Recusants 9. For Education of the Children of Papists 10. For laying Penalties upon Papists 11. An Act for prevention of Popish practices And the like for the Kingdom of Scotland 12. For the Royal Assent to Acts for the Lords day for preaching against Innovations regulating Colledges and for publick Debts and Damages The like for Scotland 13. to pass the settling of the Militia and Navy 14. To null the old Great Seal 15. For settling of Conservators for the Peace of the Kingdoms 16. The joynt Declarations and the Qualifications against Malignants 17. An Act to be passed to declare and make void the Cessation of Ireland and all Treaties and Conclusions of Peace with the Irish Rebels 18. The settling of the Militia of the City of London 19. The Great Seal with the Commissioners of Parliament and all Acts by it to be made good His MAJESTIES Answer to the Propositions of both Houses Hampton-Court Sept. 9. 1647. For the Speaker of the Lords House pro tempore to be communicated to both Houses of the Parliament of England and the Commissioners of the Kingdom of Scotland CHARLES R. HIS Majesty cannot chuse but be passionately sensible as he believes all his good Subjects are of the late great Distractions and still languishing and unsetled State of this Kingdom and he calls God to Witness and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition His Majesty having perused the Propositions now brought to him finds them the same in effect which were offered to him at Newcastle To some of which as he could not then consent without violation of his Conscience and Honour so neither can he agree to others now conceiving them in many respects more disagreeable to the present condition of Affairs then when they were formerly presented unto him as being destructive to the main principal Interests of the Army and of all those whose Affections concur with them And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them and with them to be Treated on in order to the clearing and securing the Rights and Liberties of the Kingdom and the setling of a just and lasting Peace to which Proposals as he conceives his two Houses not to be strangers so he believes they will think with him that they much more conduce to the satisfaction of all Interests and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him He therefore propounds as the best way in his Judgment in order to a Peace that his two Houses would instantly take into consideration those Proposals upon which there may be a Personal Treaty with his Majesty and upon such other Propositions as his Majesty shall make hoping that the said Proposals may be so moderated in the said Treaty as to render them the more capable of his Majesties full Concession wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession with Liberty to tender Consciences and the securing of the Laws Liberties and Properties of all his Subjects and the just Priviledges of Parliament for the future And likewise by his present deportment in this Treaty he will make the World clearly judge of his Intentions in matter of future Government In which Treaty his Majesty will be well pleased if it be thought fit that Commissioners from the Army whose the Proposals are may likewise be admitted His Majesty therefore conjures his two Houses of Parliament by the Duty they owe to God and his Majesty their King and by the bowels of Compassion they have to their fellow-Subjects both for the relief of their present Sufferings and to prevent future Miseries that they will forthwith accept of this his Majesties Offer whereby the joyful news of Peace may be restored to this distressed Kingdom And for what concerns the Kingdom of Scotland mentioned in the Propositions His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners and doubts not but to give reasonable satisfaction to that his Kingdom Given at Hampton-Court the ninth of September 1647. His MAJESTIES Message to both Houses left by Him on His
a yielding and submission we know not what is left to Treat upon These things are too apparent to every ordinary understanding And yet we are not forward to apprehend the Scorn of that Letter or take it for a Denial of a Treaty but being still sollicitous for that happy Peace which alone could redeem this Kingdom from Ruine we resolved to try another way and for avoiding Delay or Cavil about Names or Titles or descants upon words to forbear writing and humbly besought His Majesty to send Messengers with Instructions to desire a Treaty for Peace Who was pleased to name Mr. Richard Fanshaw and Mr. Thomas Offly Gentlemen of clear Repute and Integrity and to avoid their danger in repairing to Westminster at our desire commanded the Earl of Forth His General to write to theirs for a safe Conduct for those two Messengers for such is our Condition at present that a free-born Subject sent upon the Kings Message cannot but with such leave repair to London or Westminster without danger of his Life The Letter for the safe Conduct was as followeth My Lord I Cannot so willingly write to you in any business as in that of Peace the Endeavour thereof being the principal Duty of those who are trusted in places of our Commands especially when the Blood that is spilt is of persons under the same Allegiance of the same Country and Religion His Majesty continuing constant in His pious and fervent desires of a happy end to these bloody Distractions I do hereby desire your Lordship to send me a safe Conduct to and from Westminster for Mr. Richard Fanshaw and Mr. Tho Offly to be sent by His Majesty concerning a Treaty for Peace I rest Your Lordships humble Servant Forth To this was returned a Letter directed to the Earl of Forth in these words viz. My Lord YOV shew your Nobleness in declaring your willingness to write to me in any business as of that of Peace and I joyn with you in the same opinion that it ought to be a principal Duty of those who are trusted in places of our Command and therefore whensoever I shall receive any directions to those who have intrusted me I shall use my best endeavours and when you shall send for a safe Conduct for those Gentlemen mentioned in your Letter from His Majesty to the Houses of Parliament I shall with all cheerfulness shew my willingness to further any way that may produce that Happiness that all honest Men pray for which is a true understanding between His Majesty and His faithful and only Council the Parliament Your Lordships humble Servant Essex Essex-House 19. Feb. 1643. That this doth neither grant a safe Conduct nor give any direct Answer to the Earl of Forth 's Request every ordinary Eye may see and yet such Requests amongst Generals are rarely denied and we may easily thereby discern how fearful they at Westminster are lest the poor distressed People of this Kingdom should by the advantage of a Treaty and free debate of the present Difference see how grossly they had been deceived and misled and so obtain an end of their Miseries for otherwise who could have believed that when these Differences arose and were continued for want of a free Convention in Parliament and that a main end of the Treaty was to resolve how we according to Our Duty and the Trust reposed in us by our Countries might with them freely debate and advise His Majesty in those things that concerned the maintenance of our Religion Parliament-Privileges the Kings Rights and the Subjects Liberty and Property that this Letter should tell us that the Party we are to Treat withal is the Kings only Council excluding all others not only our selves called by the same Authority to Council as they were but His Privy-Council also and Council at Law so that we could have no hopes of a Treaty unless we should first agree that they are the Parliament and the Kings only Council whereby they that are parties would bccome the only Judges of all things in question which would be a Submission and not a Treaty Having received these frivolous delays which we might have interpreted absolute denials of any Treaty of Peace we yet resolved not to give over our endeavours for that which so much concerned the good of our Country and the welfare of all Professors of the true Protestant Religion but by our humble and earnest desires to his Majesty prevailed with Him to write His Royal Letters and once more desire a Treaty for Peace though it had been so often formerly rejected and to avoid all colour of Exception to direct it To the Lords and Commons of Parliament assembled at Westminster which was done and enclosed in a Letter from the Earl of Forth to their General A Copy of both which Letters hereafter follows My Lord I Have received your Letter of the 19 th of this Month which according to my Duty I shewed to His Majesty Who observing in it your expressions concerning Peace that whensoever you shall receive any directions to those that have entrusted you you shall use your best endeavours is graciously pleased to send this enclosed which is desired may be delivered according to the directions Directed to the Earl of Essex Subscribed by the Earl of Forth C. R. OVT of Our most tender and pious sense of the sad and bleeding condition of this Our Kingdom and Our unwearied desires to apply all Remedies which by the blessing of Almighty God may recover it from an utter Ruine by the Advice of the Lords and Commons of Parliament assembled at Oxford We do propound and desire That a convenient number of fit Person may be appointed and authorized by you to meet with all convenient speed at such Place as you shall nominate with an equal number of fit Persons whom We shall appoint and authorize to Treat of the ways and means to settle the present Distractions of this Our Kingdom and to procure a happy Peace and particularly how all the Members of both Houses may securely meet in a full and free Convention of Parliament there to Treat consult and agree upon such things as may conduce to the maintenance and defence of the true Reformed Protestant Religion with due consideration to all just and reasonable ease of tender Consciences to the settling and maintaining of Our just Rights and Privileges of the Rights and Privileges of Parliament the Laws of the Land the Liberty and Property of the Subject and all other Expedients that may conduce to that blessed end of a firm and lasting Peace both in Church and State and a perfect understanding betwixt Vs and Our People wherein no Endeavours or Concurrence of Ours shall be wanting And God direct your hearts in the ways of Peace Given at Our Court at Oxford the third day of March 1643. Superscribed To the Lords and Commons of Parliament Assembled at Westminster We now appeal to all the World what could more have been done