Truth but follow their own Fancies 3. Ratione Finis when the Interpretation is not proposed as Authentical to bind others but is intended only for our own private satisfaction The first is not to be despised the second is to be exploded and is condemned by the Apostle Peter the third ought not to be censured But that Interpretation which is Authentical and of supreme Authority which every mans conscience is bound to yield unto is of an higher nature And although the General Council should resolve it and the Consent of the Fathers should be had unto it yet there must always be place left to the judgment of Discretion as Davenant late Bishop of Salisbury beside divers others hath learnedly made appear in his Book De Judice Controversiarum where also the Power of Kings in matter of Religion is solidly and unpartially determined Two words only I add One is that notwithstanding all that is pretended from Antiquity a Bishop having sole power of Ordination and Jurisdiction will never be found in Prime Antiquity The other is that many of the Fathers did unwittingly bring forth that Antichrist which was conceived in the times of the Apostles and therefore are incompetent Judges in the Question of Hierarchy And upon the other part the Lights of the Christian Church at and since the beginning of the Reformation have discovered many secrets concerning the Antichrist and his Hierarchy which were not known to former Ages And divers of the Learned in the Roman Church have not feared to pronounce That whosoever denies the true and literal sense of many Texts of Scripture to have been found out in this last Age is unthankful to God who hath so plentifully poured forth his Spirit upon the Children of this Generation and ungrateful towards those men who with so great pains so happy success and so much benefit to God's Church have travailed therein This might be instanced in many places of Scripture I wind together Diotrephes and the Mystery of iniquity the one as an old example of Church-ambition which was also too palpable in the Apostles themselves and the other as a cover of Ambition afterwards discovered which two brought forth the great Mystery of the Papacy at last 6. Although Your Majesty be not made a Judge of the Reformed Churches yet You so far censure them and their actions as without Bishops in Your Judgment they cannot have a lawful Ministery nor a due Administration of the Sacraments Against which dangerous and destructive Opinion I did alledge what I supposed Your Majesty would not have denied 1. That Presbyters without a Bishop may ordain other Presbyters 2. That Baptism administred by such a Presbyter is another thing than Baptism administred by a private person or by a Midwife Of the first Your Majesty calls for proof I told before that in Scripture it is manifest 1 Tim. 4. 14. Neglect not the Gift that is in thee which was given thee by the Prophecy with the laying on of the hands of the Presbytery so it is in the English Translation And the word Presbytery To often as it is used in the New Testament always signifies the Persons and not the Office And although the Offices of Bishop and Presbyter were distinct yet doth not the Presbyter derive his power of Order from the Bishop The Evangelists were inferiour to the Apostles yet had they their power not from the Apostles but from Christ The same I affirm of the Seventy Disciples who had their power immediately from Christ no less than the Apostles had theirs It may upon better reason be averred that the Bishops have their power from the Pope than that Presbyters have their power from the Prelats It is true Jerome saith Quid facit exceptâ ordinatione Episcopus quod non facit Presbyter But in the same place he proves from Sccipture that Episcopus and Presbyter are one and the same and therefore when he appropriates Ordination to the Bishop he speaketh of the degenerated custom of his time Secondly Concerning Baptism a private person may perform the external Action and Rites both of it and of the Eucharist yet is neither of the two a Sacrament or hath any efficacy unless it be done by him that is lawfully called thereunto or by a person made publick and cloathed with Authority by Ordination This Errour in the matter of Baptism is begot by another Errour of the Absolute Necessity of Baptism 7. To that which hath been said concerning Your Majesties Oath I shall add nothing not being willing to enter upon the Question of the subordination of the Church to the Civil Power whether the King or Parliament or both and to either of them in their own place Such an Headship as the Kings of England have claimed and such a Supremacy as the Two Houses of Parliament crave with the Appeals from the supreme Ecclesiastical Judicature to them as set over the Church in the same line of Subordination I do utterly disclaim upon such Reasons as give my self satisfaction although no man shall be more willing to submit to Civil powers each one in their own place and more unwilling to make any trouble than my self Only concerning the application of the Generals of an Oath to the particular case now in hand under favour I conceive not how the Clergy of the Church of England is or ought to be principally intended in Your Oath For although they were esteemed to be the Representative Church yet even that is for the benefit of the Church Collective Salus Populi being Suprema lex and to be principally intended Your Majesty knows it was so in the Church of Scotland where the like alteration was made And if nothing of this kind can be done without the consent of the Clergy what Reformation can be expected in France or Spain or Rome it self It is not to be expected that the Pope or Prelates will consent to their own ruine 8. I will not presume upon any secret knowledge of the Opinions held by the King Your Majesty's Father of famous Memory they being much better known to Your Majesty I did only produce what was profest by Him before the world And although Prayers and Tears be the Arms of the Church yet it is neither acceptable to God nor conducible for Kings and Princes to force the Church to put on these Arms. Nor could I ever hear a reason why a necessary Defensive War against unjust Violence is unlawful although it be joyned with Offence and Invasion which is intended for Defence but so that Arms are laid down when the Offensive War ceaseth by which it doth appear that the War on the other side was in the nature thereof Defensive 9. Concerning the forcing of Conscience which I pretermitted in my other Paper I am forced now but without forcing of my conscience to speak of it Our Conscience may be said to be forced either by our selves or by others By our selves 1. When we stop the ear of our Conscience
as these instances as well as comparisons are odious 9. Lastly You mistake the Quaere in My first Paper to which this pretends to answer for my Question was not concerning force of Arguments for I never doubted the lawfulness of it but force â—f Arms to which I conceive it says little or nothing unless after My example you â—â—â—er Me to the former Section that which it doth is merely the asking of the question after a fine discourse of the several ways of perswading rather than forcing of Conscience I close up this Paper desiring you to take notice that there is none of these Sections but I could have inlarged to many more lines some to whole pages yet I chose to be thus brief knowing you will understand more by a word than others by a long discourse trusting likewise to your ingenuity that Reason epitomized will weigh as much with you as if it were at large June 22. 1646. C. R. VI. Mr Alexander Henderson's Third Paper For His MAJESTY Concerning the Authority of the Fathers and Practice of the Church July 2. 1646. HAving in my former Papers pressed the steps of Your Majesty's Propositions and finding by Your Majesty's last Paper Controversies to be multiplied I believe beyond Your Majesty's intentions in the beginning as concerning The Reforming Power The Reformation of the Church of England The difference betwixt a Bishop and a Presbyter The warrants of Presbyterian Government The Authority of Interpreting Scripture The taking and keeping of Publick Oaths The forcing of Conscience and many other inferiour and subordinate Questions which are Branches of those main Controversies all which in a satisfactory manner to determine in few words I leave to more presuming Spirits who either see no knots of Difficulties or can find a way rather to cut them asunder than to unloose them yet will I not use any Tergiversation nor do I decline to offer my humble Opinion with the Reasons thereof in their own time concerning each of them which in obedience to Your Majesty's Command I have begun to do already Only Sir by Your Majesty's favourable permission for the greater expedition and that the present velitations may be brought to some Issue I am bold to intreat that the Method may be a little altered and I may have leave now to begin at a Principle and that which should have been inter Praecognita I mean the Rule by which we are to proceed and to determine the present Controversy of Church-Policy without which we will be led into a labyrinth and want a thred to wind us out again In Your Majesty's First Paper the universal Custom of the Primitive Church is conceived to be the Rule in the Second Paper Section 5. the Practice of the Primitive Church and the universal Consent of the Fathers is made a convincing Argument when the Interpretation of Scripture is doubtful in your Third Paper Sect. 5. the Practice of the Primitive Church and the universal Consent of Fathers is made Judge And I know that nothing is more ordinary in this Question than to alledge Antiquity perpetual Succession universal Consent of the Fathers and the universal Practice of the Primitive Church according to the Rule of Augustine Quod universa tenet Ecclesia nec à Concilio institutum sed semper retentum est non nisi authoritate Apostolica traditum rectissimè creditur There is in this Argument at the first view so much appearance of Reason that it may much work upon a modest mind yet being well examined and rightly weighed it will be found to be of no great weight for beside that the Minor will never be made good in the behalf of a Diocesan Bishop having sole power of Ordination and Jurisdiction there being a multitude of Fathers who maintain that Bishop and Presbyter are of one and the same Order I shall humbly offer some few Considerations about the Major because it hath been an Inlet to many dangerous Errours and hath proved a mighty hinderance and obstruction to Reformation of Religion 1. I desire it may be considered that whiles some make two Rules for defining Controversies the Word of God and Antiquity which they will have to be received with equal veneration or as the Papists call them Canonical Authority and Catholical Tradition and others make Scripture to be the only Rule and Antiquity the authentick Interpreter the latter of the two seems to me to be the greater Errour because the first setteth up a parallel in the same degree with Scripture but this would create a Superiour in a higher degree above Scripture For the interpretation of the Fathers shall be the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and accounted the very Cause and Reason for which we conceive and believe such a place of Scripture to have such a sense and thus men shall have dominion over our Faith against 2 Cor. 1. 24. Our faith shall stand in the wisdom of man and not in the power of God 1 Cor. 2. 5. and Scripture shall be of private interpretation For the Prophecy came not of old by the will of man 2 Pet. 1. 20 22. Nisi homini Deus placuerit Deus non erit Homo jam Deo propitius esse debebit saith Tertullian 2. That Scripture cannot be Authentically interpreted but by Scripture is manifest from Scripture The Levites gave the sense of the Law by no other means but by Scripture it self Neh. 8. 8. Our Saviour for example to us gave the true sense of Scripture against the depravations of Satan by comparing Scripture with Scripture and not by alledging any Testimonies out of the Rabbins Matt. 4. And the Apostles in their Epistles used no other help but the diligent comparing of Prophetical writings like as the Apostle Peter will have us to compare the clearer light of the Apostles with the more obscure light of the Prophets 2 Pet. 1. 19. And when we betake our selves to the Fathers we have need to take heed that with the Papists we accuse not the Scriptures of Obscurity or Imperfection 3. The Fathers themselves as they are cited by Protestant Writers hold this Conclusion That Scripture is not to be interpreted but by Scripture it self To this purpose amongst many other Testimonies they bring the saying of Tertullian Surge Veritas ipsa Scripturas tuas interpretare quam Consuetudo non novit nam si nosset non esset if it knew Scripture it would be ashamed of it self and cease to be any more 4. That some Errours have been received and continued for a long time in the Church The Errour of Free-will beginning at Justin Martyr continued till the time of Reformation although it was rejected by Augustine as the Divine Right of Episcopacy was opposed by others The Errour about the Vision of God That the Souls of the Saints departed see not the face of God till the Judgment of the Great Day was held by universal Consent The same may be said of the Errour of the Millenaries and which more nearly
and that these places of Scripture 1 Tim. v. 22. Tit. i. 5. 1 Tim. v. 19. Titus 3. 10. do prove that Timothy and Titus had power to ordain Presbyters and Deacons and to exercise censures over Presbyters and others and that the second and third Chapters of the Revelation do prove That the Angels of the Churches had power of governing of the Churches and exercising Censures But that either the Apostles or Timothy and Titus or the Angels of the Churches were Bishops as Bishops are distinct from Presbyters exercising Episcopal Government in that sense or that the Apostles did commit and derive to any particular persons as their Substitutes and Successors any such Episcopal Government or that this is proved in the least measure by the Scriptures alledged we do as fully deny And therefore do humbly deny also That Episcopal Government is therefore most consonant to the Word of God and of Apostolical institution or proved so to be by these Scriptures None of these were Bishops or practised Episcopal Government as Bishops are distinct from Presbyters Neither is such an Officer of the Church as a Bishop distinct from a Presbyter to be found in the New Testament by which we humbly conceive that our Faith and Conscience touching this point ought to be concluded The Name Office and Work of Bishop and Presbyter being one and the same in all things and never in the least distinguisht as is clearly evident Tit. i. 5 7. For this cause left I thee in Crete that thou shouldest set in order the things that are wanting and ordain Presbyters in every City as I had appointed thee For a Bishop must be blameless In which place the Apostle his reasoning were altogether invalid and inconsequent if Presbyter and Bishop were not the same Office as well as they have the same Name The same is manifest Acts xx 17 28. And from Miletus he sent to Ephesus and called the Presbyters of the Church to whom he gave this charge verse 28. Take heed therefore unto your selves and to all the Flock over which the Holy Ghost hath made you Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to feed and govern the Church of God Where we observe That the Apostle being to leave these Presbyters and never to see their faces more verse 28. doth charge them with the feeding and governing of the Church as being Bishops of the Holy Ghost's making But that the Holy Ghost did make any superior or higher kind of Bishops than these common Presbyters is not to be found in that or any other Text. And that under the mouth of two or three witnesses this assertion of ours may stand we add to what we have already said that in 1 Pet. v. 1 2. The Presbyters which are among you I exhort who am also a Presbyter Feed the flock of God which is among you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 performing the office of Bishops Where it appears plain to us that under the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used in this place is expressed whatsoever work the Presbyters are to do Neither can Bishops so called as above Presbyters do more for the government and good of the Church otherwise than is there expresly enjoyned unto Presbyters By all which that hath been said the point is rendred to be most clear to the judgement of most men both ancient and of later times That there is no such Officer to be found in the Scriptures of the New Testament as a Bishop distinct from a Presbyter neither doth the Scripture afford us the least notice of any qualification required in a Bishop that is not required in a Presbyter nor any Ordination to the Office of a Bishop distinct from a Presbyter nor any work or duty charged upon a Bishop which Presbyters are not enjoyned to do nor any greater honour or dignity put upon them For that double honour which the Apostle speaks of 1 Tim. v. 17. as due to Presbyters that rule well is with a note of especially affixed to that Act or work of labouring in the word and Doctrine which is not that Act wherein Bishops have challenged a singularity or peculiar eminency above the Presbyters To that which Your Majesty doth conceive That Episcopal government was practised by the Apostles themselves we humbly answer That the Apostles as they were the highest Officers of the Church of Christ so they were extraordinary in respect of their commission gifts and Office and distinguisht from all other Officers 1 Cor. xii 28. God hath set some in the Church first Apostles secondarily Prophets thirdly Teachers Ephes iv 11. Christ gave some Apostles and some Prophets and some Evangelists and some Pastors and Teachers Where the Apostles are distinguished from Pastors and Teachers who are the ordinary Officers of the Church for Preaching the Word and Government That they had power and authority to ordain Church-Officers and to exercise Censures in all Churches we affirm and withal that no other Persons or Officers of the Church may challenge or assume to themselves such power in that respect alone because the Apostles practised it except such power belong unto them in common as well as to the Apostles by warrant of the Scripture For that Government which they practised was Apostolical according to the peculiar commission and authority which they had and no otherwise to be called Episcopal than as their Office was so comprehensive as they had power to do the work of any or all other Church-Officers in which respect they call themselves Presbyteri Diaconi but never Episcopi in distinct sense and therefore we humbly crave leave to say that to argue the Apostles to have practised Episcopal Goverment because they ordained other Officers and exercised Censures is as if we should argue a Justice of Peace to be a Constable because he doth that which a Constable doth in some particulars It 's manifest that the Office of Bishops and Presbyters was not distinct in the Apostles They did not act as Bishops in some Acts and as Presbyters in other Acts the distinction of Presbyters and Bishops being made by men in after-times And whereas Your Majesty doth conceive that the Episcopal Government was by the Apostles committed and derived to particular persons as their Substitutes or Successors therein as for ordaining Presbyters and Deacons giving rules concerning Christian discipline and exercising censures over Presbyters and others seeming by the alledged places of Scripture to instance in Timothy and Titus and the Angels of the Churches we humbly answer and first to that of Timothy and Titus We grant that Timothy and Titus had Authority and Power of ordaining Presbyters and Deacons and of exercising Censures over Presbyters and others though we cannot say they had this power as the Apostles Substitutes or Successors in Episcopal Government nor that they exercised the power they had as being Bishops in the sense of Your Majesty but as extraordinary Officers or Evangelists which Evangelists were an
Bishop Jewel that Ambrose Chrysostome Jerome Augustine and many more holy Fathers together with the Apostle Paul agree that by the Word of God there is no difference between a Bishop and a Presbyter and that Medina in the Council of Trent affirms not only the same Fathers but also another Jerome Theodoret Primasius Sedulius and Theophylact to be of the same judgment and that with them agree Oecumenius Anselme Arch-Bishop of Canterbury and another Anselme Gregory and Gratian and after them many others that it was inrolled in the Canon Law for sound and Catholick Doctrine and publickly taught by Learned men And adds That all who have laboured in the Reformation of the Church for these 500 years have taught that all Pastors be they intituled Bishops or Priests have equal authority and power by God's word The same way goes Lombard Master of the Sentences and Father of the School-men who speaking of Presbyters and Deacons saith The Primitive Church had those Orders only and that we have the Apostles precept for them alone With him agree many of the most eminent in that kind and generally all the Canonists To these we may add Sixtus Senensis who testifies for himself and many others and Cassander who was called by one of the German Emperors as one of singular ability and integrity to inform him and resolve his Conscience in questions of that nature who said It is agreed among all that in the Apostles times there was no difference between a Bishop and a Presbyter For a conclusion we add that the Doctrine we have herein propounded to Your Majesty concerning the Identity of the Order of Bishops and Presbyters is no other than the Doctrine published by King Henry the 8. 1543. for all his Subjects to receive seen and allowed by the Lords both Spiritual and Temporal with the neather House of Parliament Of these two Orders only so saith the Book that is to say Priests and Deacons Scripture maketh express mention and how they were conferred of the Apostles by Prayer and Imposition of hands By all which it seems evident that the Order of Episcopacy as distinct from Presbytery is but an Ecclesiastical Institution and therefore not unalterable Lastly we answer That Episcopal Government which at first obtained in the Church did really and substantially differ from the Episcopal Goverment which the Honourable Houses of Parliament desire the abolition of The Bishop of those times was one presiding and joining with the Presbytery of his Church ruling with them and not without them either created and made by the Presbyters chusing out one among themselves as in Rome and Alexandria or chosen by the Church and confirmed by three or more of his Neighbours of like dignity within the same precinct lesser Towns and Villages had and might have have Bishops in them as well as populous and eminent Cities until the Council of Sardis decreed That Villages and small Cities should have no Bishops lest the name and authority of a Bishop might thereby come into contempt But of one claiming as his due and right to himself alone as a superior order or degree all power about Ordination of Presbyters and Deacons and all jurisdiction either to exercise himself or delegate to whom he will of the Laity or Clergy as they distinguish according to the Judgment and Practice of those in our times we read not till in the latter and corrupter Ages of the Church By all which it appears that the present Hierarchy the abolition whereof is desired by the Honourable Houses may accordingly be abolished and yet possibly the Bishops of those Primitive times be They are so far differing one from another In answer to that part of Your Majesties Paper wherein You require whether our Saviour and his Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure we humbly conceive that there are Substantials belonging to Church-Government such as are appointed by Christ and his Apostles which are not in the Churches liberty to alter at pleasure But as for Arch-Bishops c. we hope it will appear unto Your Majesties Conscience that they are none of the Church-Governors appointed by our Saviour and his Apostles And we beseech Your Majesty to look rather to the Original of them than Succession Octob. 3. 1648. III. His MAJESTIES Answer to the Paper delivered to Him by the Divines attending the Parliament's Commissioners concerning Church-Government C. R. HIS Majesty upon perusal of your Answer to His Paper of the second of October 1648. findeth that you acknowledg the several Scriptures cited in the Margin to prove the things for which they are cited viz. That the Apostles in their own persons that Timothy and Titus by Authority derived from them and the Angels of the Churches had power of Church-Government and did or might actually exercise the same in all the three several branches in His Paper specified And so in effect you grant all that is desired For the Bishops challenge no more or other power to belong unto them in respect of their Episcopal Office as it is distinct from that of Presbyters than what properly falleth under one of these three Ordination giving Rules and Censures But when you presently after deny the persons that exercised the power aforesaid to have been Bishops or to have exercised Episcopal Government in that sense as Bishops are distinct from Presbyters you do in effect deny the very same thing you had before granted For Episcopal Government in that sense being nothing else but the Government of the Churches within a certain Precinct commonly called a Diocese committed to one single person with sufficient authority over the Presbyters and people of those Churches for that end since the substance of the thing it self in all the three forementioned particulars is found in the Scriptures unless you will strive about names and words which tendeth to no profit but to the puzling and subverting those which seek after truth you must also acknowledg that Episcopal Government in the sense aforesaid may be sufficiently proved from the Scriptures In that which you say next and for proof thereof insist upon three several Texts His Majesty conceiveth as to the present business that the most that can be proved from all or any of those places is this That the word Bishop is there used to signifie Presbyter and that consequently the Office and Work mentioned in those places as the Office and Work of a Bishop are the Office and Work of a Presbyter which is confest on all sides although His Majesty is not sure that the proof will reach so far in each of those places But from thence to infer an absolute Identity of the Functions of a Bishop and a Presbyter is a fallacy which his Majesty observeth to run in a manner quite along your whole Answer but it appears from the Scriptures by what you have granted that single persons as Timothy and Titus
disaffection to Bishops have endeavoured to descredit the whole Volume of them by all possible means without any regard either of ingenuity or truth yet sundry of them are such as being attested by the Suffrages of Antiquity cannot with any forehead be denied to be his and there is scarce any of them which doth not give testimony to the Prelacy of a Bishop above a Presbyter Ignatius himself also was a Bishop of Antioch and a holy Martyr for the Faith of Christ 4. You grant that not long after the Apostles times Bishops are found in the Writers of those times as in some superiority to Presbyters but you might have added farther out of these Writers if you had pleased that there were some of them as James at Jerusalem Timothy at Ephesus Titus in Crete Mark at Alexandria Linus and Clement at Rome Polycarpus at Smyrna constituted and ordained Bishops of these places by the Apostles themselves and all of them reputed Successors to the Apostles in their Episcopal Office And His Majesty presumeth you could not be ignorant that all or most of the testimonies you recite of the ancient Fathers Writers of the middle ages Schoolmen and Canonists and the Book published under King Hen. the 8. do but either import the promiscuous and indifferent use of the names of Bishops and Presbyters whereof advantage ought not to be made to take away the difference of the things or else they relate to a School-point which in respect of the thing it self is but a very nicety disputed pro and con by curious questionists Vtrum Episcopatus sit or do vel gradus both sides in the mean time acknowledging the right of Church-government to be in the Bishops alone and not in the Presbyters as also that there may be produced either from the very same Writers or from others of as good authority or credit testimonies both for number and clearness far beyond those by you mentioned to assert the three different Degrees or Orders call them whether you will of Ecclesiastical Functions viz. the Bishop the Presbyter and the Deacon As to that which you add lastly concerning the difference between Primitive Episcopacy and the present Hierarchy albeit His Majesty doth not conceive that the accessions or additions granted by the favour of His Royal Progenitors for the enlarging of the Power or Privileges of Bishops have made or indeed can make the Government really and substantially to differ from what formerly it was no more than the addition of Arms or Ornaments can make a body really and substantially to differ from it self naked or devested of the same nor can think it either necessary or yet expedient that the elections of the Bishops or some other Circumstantials touching their Persons or Office should be in all respects the same under Christian Princes as it was when Christians lived among Pagans and under Persecution yet His Majesty so far approveth of your Answer in that behalf that he thinketh it well worthy the studies and endeavours of the Divines of both Opinions laying aside Emulation and private Interests to reduce Episcopacy and Presbytery into such a well-proportioned Form of Superiority and Subordination as may best resemble the Apostolical and Primitive times so far forth as the different condition of times and the exigences of all considerable circumstances will admit so as the power of Church-Government in the particular of Ordination which is meerly spiritual may remain Authoritative in the Bishop but that Power not to be exercised without the concurrence or assistance of his Presbytery as Timothy was ordained by the authority of St Paul ii Tim. i. 6. but with the concurrence or assistance of the Presbytery i Tim. iv 14. Other powers of Government which belong to Jurisdiction though they are in the Bishops as before is exprest yet the outward exercise of them may be ordered and disposed or limited by the Sovereign power to which by the Laws of the Land and the acknowledgement of the Clergy they are subodinate but His Majesty doubteth whether it be in your power to give Him any present assurance that in the desired Abolition of the present Hierarchy the utter abolishing of Episcopacy and consequently of the Primitive Episcopacy is neither included nor intended As to the last part of His Majesties Paper His Majesty would have been satisfied if you had been more particular in your Answer thereunto You tell Him in general that there are Substantials in Church-Government appointed by Christ c. but you neither say what those Substantials are nor in whose hands they are left whereas His Majesty expected that you should have declared your opinions clearly whether Christ or his Apostles left any certain Form of Government to be observed in all Christian Churches then whether the same binds all Churches to the perpetual observation thereof or whether they may upon occasion alter the same either in whole or in part likewise whether that certain Form of Government which Christ and his Apostles have appointed as perpetual and unalterable if they have appointed any such at all be the Episcopal or the Presbyterian or some other differing from them both And whereas in the conclusion you beseech His Majesty to look rather to the Original of Bishops than to their Succession His Majesty thinks it needful to look at both especially since their Succession is the best clue the most certain and ready way to find out their Original His Majesty having returned you this Answer doth profess that as whatsoever was of weight in yours shall have influence on Him so He doubts not but somewhat may appear to you in His which was not so clear to you before and if this Debate may have this end that it dispose others to the temper of accepting Reason as it shall Him of endeavouring to give satisfaction in all He can to His two Houses His Majesty believes though it hath taken up it hath not mis-spent His time Newport Octob. 6. IV. The Humble Answer of the Divines attending the Honourable Commissioners of Parliament at the Treaty at Newport in the Isle of Wight to the Second Paper delivered to them by His Majesty Octob. 6. 1648. Delivered to His Majesty Octob. 17. May it please Your Majesty AS in our Paper of October the third in Answer to Your Majesties of October the second we did so now again we do acknowledg that the Scriptures cited in the Margin of Your Majesties Paper do prove that the Apostles in their own persons that Timothy and Titus and the Angels of the Churches had power respectively to do those things which are in those places of Scripture specified But as then so now also we humbly do deny that any of the persons or Officers fore-mentioned were Bishops as distinct from Presbyters or did exercise Episcopal Government in that sense or that this was in the least measure proved by the alledged Scriptures And therefore our Negative not being to the same point or state of the Question which
was affirmed we humbly conceive that we should not be interpreted to have in effect denied the very same thing which we had before granted or to have acknowledged that the several Scriptures do prove the thing for which they are cited by Your Majesty And if that which we granted were all that by the Scripture cited in Your Margin Your Majesty intended to prove it will follow that nothing hath yet been proved on Your Majesties part to make up that Conclusion which is pretended As then we stood upon the Negative to that Assertion so we now crave leave to represent to Your Majesty that Your Reply doth not infirm the Evidence given in maintenance thereof The reason given by Your Majesty in this Paper to support Your Assertion That the persons that exercised the power aforesaid were Bishops in distinct sense is taken from a description of Episcopal Government which is as Your Majesty saith nothing else but the Government of the Churches within a certain Precinct commonly called a Diocess committed to one single person with sufficient authority over the Presbyters and people of those Churches for that end which Government so described being for substance of the thing it self in all the three forementioned particulars Ordaining giving rules of Discipline and Censures found in Scriptures except we will contend about names and words must be acknowledged in the sense aforesaid to be sufficiently proved from Scriptures And Your Majesty saith farther that the Bishops do not challenge more or other power to belong to them in respect of their Episcopal Office as it is distinct from that of Presbyters than what properly falls under one of those three We desire to speak both to the Bishops Challenge and to Your Majesties Description of Episcopal Government And first to their Challenge because it is first exprest in Your Majesties Reply The Challenge we undertake in two respects 1. In respect of the Power challenged 2. in respect of that ground or Tenure upon which the claim is laid The Power challenged consists of three particulars Ordaining giving Rules of Discipline and Censures No more no other in respect of their Episcopal Office We see not by what warrant this Writ of partition is taken forth by which the Apostolical Office is thus shared or divided the Governing part into the Bishops hands the Teaching and administring Sacraments into the Presbyters For besides that the Scripture makes no such inclosure or partition-wall it appears the challenge is grown to more than was pretended unto in the times of grown Episcopacy Jerome and Chrysostom do both acknowledg for their time that the Bishop and Presbyter differed only in the matter of Ordination and learned Doctor Bilson makes some abatement in the claim of three saying the things proper to Bishops which might not be common to Presbyters are singularity of Succeeding and superiority in Ordaining The Tenure or ground upon which the claim is made is Apostolical which with us is all one with Divine Institution And this as far as we have learned hath not been anciently openly or generally avowed in this Church of England either in time of Popery or of the first Reformation and whensoever the pretension hath been made it was not without the contradiction of learned and godly men The abettors of the challenge that they might resolve it at last into the Scripture did chuse the most plausible way of ascending by the scale of Succession going up the River to find the Head but when they came to Scriptures and found it like the head of Nile which cannot be found they shrouded it under the name and countenance of the Angels of the Churches and of Timothy and Titus Those that would carry it higher endeavoured to impe it into the Apostolical Office and so at last called it a Divine Institution not in force of any express precept but implicite practice of the Apostles and so the Apostolical Office excepting the gifts or enablements confest only extraordinary is brought down to be Episcopal and the Episcopal raised up to be Apostolical Whereupon it follows that the Highest Officers in the Church are put into a lower orb an extraordinary Office turned into an ordinary a distinct Office confounded with that which in the Scripture is not found a temporary and an extinct Office revived And indeed if the definitions of both be rightly made they are so incompetible to the same subject that he that will take both must lose that one aut Apostolus Episcopatum aut Apostolatum Episcopus For the Apostles though they did not in many things act aliud yet they acted alio nomine alio munere then Presbyters or Bishops do and if they were indeed Bishops and their Government properly Episcopal in distinct sense then it is not needful to go so far about to prove Episcopal government of Divine Institution because they practised it but to assert expresly that Christ instituted it immediately in them For Your Majesties Definition of Episcopal Government it is extracted out of the Bishops of later date than Scripture-times and doth not sute to that Meridian under which there were more Bishops than one in a Precinct or Church and it is as fully competent to Archiepiscopal and Patriarchal Government as Episcopal The parts of this definition materially and abstractly considered may be found in Scripture The Apostles Timothy and Titus were single persons but not limited to a Precinct The Government of the Angel was limited to a Precinct but not in single persons In several Offices not to be confounded the parts of this definition may be found but the aggregation of them all together into one ordinary Officer cannot be found And if that word ordinary and standing Government had made the Genus in your Majesties Definition as it ought to be we should crave leave to say it would be gratis dictum if not petitio principii for the Scripture doth not put all these parts together in a Bishop who never borrowed of Apostles Evangelists and Angels the matter of Governing and Ordaining and left the other of Teaching dispensing Sacraments and dealing only in foro interno to Presbyters until after-times By this that hath been said it is manifest enough that we contend not first de nomine about the Name of Episcopal Government which yet though names serve for distinction is not called or distinguished by the name in Scripture nor secondly de opere about the Work whether the work of Governing Ordering Preaching c. be of continuance in the Church which we clearly acknowledg But thirdly de munere about the Office it being a great fallacy to argue That the Apostles did the same work which Bishops or Presbyters are to do in ordinary Therefore they were of the same Office For as it is said of the liberal and learned Arts one and the same thing may be handled in divers of them and yet these Arts are distinguisht by formalis ratio of handling of them so we say of
Offices they are distinguisht by their Callings and Commissions though not by the work as all those that are named Eph. iv ii Apostles Prophets Evangelists Pastors and Teachers are designed to one and the same general and common work the work of the Ministry ver 12. and yet they are not therefore all one for it 's said some Apostles some Prophets some Evangelists and some Pastors and Teachers A Dictator in Rome and an ordinary Tribune Moses and the subordinate Governors of Israel the Court of Parliament and of the Kings-Bench an Apostle and a Presbyter or Deacon may agree in some common work and yet no confusion of Offices follows thereupon To that which Your Majesty conceives that the most that can be proved from all or any of those places by us alledged to prove that the Name Office and Work of Bishops and Presbyters is one and the same in all things and not in the least distinguisht is That the word Bishop is used in them to signifie a Presbyter and the consequently the Office and Work mentioned in those places as the Office and Work of a Bishop are the Office of a Presbyter which is confessed on all sides we make this humble return That though there be no supposition so much as implied that the Office of a Bishop and a Presbyter are distinct in any thing for the names are mutually reciprocal yet we take Your Majesties Concession that in these times of the Church and places of Scripture there was no distinct Office of Bishops and Presbyters and consequently that the identity of the Office must stand until there can be found a clear distinction of division in the Scriptures And if we had argued the identity of Functions from the Community of names and some part of the work the Argument might have been justly termed a fallacy but we proved them the same Office from the same work per omnia being allowed so to do by the fulness of those two words used in the Acts and S. Peter his Epistle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 under the force of which words the Bishops claim their whole power of Government and Jurisdiction and we found no little weight added to our Argument from that in the Acts where the Apostle departing from the Ephesian Presbyters or Bishops as never to see their faces more commits as by a final charge the Government of that Church both over parricular Presbyters and people not to Timothy who then stood at his elbow but to the Presbyters under the name of Bishops made by the Holy Ghost whom we read to have set many Bishops over one Church not one over either one or many And the Apostles arguing from the same Qualification of a Presbyter and of a Bishop in order to Ordination or putting him into Office fully proves them to be two names of the same Order or Function the divers orders of Presbyter and Deacon being diversly characterised Upon these grounds we hope without fallacy we conceive it justly proved that a Bishop and a Presbyter are wholly the same That Timothy and Titus were single persons having authority of Government we acknowledge but deny that from thence any argument can be made unto either single Bishop or Presbyter for though a singie Presbyter by the power of his Order as they call it may preach the Word and dispense the Sacraments yet by that example of the Presbytery their Laying on of hands and that Rule of Telling the Church in matter of scandal it seems manifest that Ordination and Censures are not to be exercised by a single Presbyter neither hath Your Majesty hitherto proved either the names of Bishops and Presbyters or the Function to be in other places of Scripture at all distinguished You having wholly waved the notice or answer of that we did assert and do yet desire some demonstration of the contrary viz. That the Scripture doth not afford us the least notice of any Qualification any Ordination any work or duty any honour peculiary belonging to a Bishop distinct from a Presbyter the assignment of which or any of them unto a Bishop by the Scripture would put this Question near to an issue That God should intend a distinct and highest kind of Officer for Government in the Church and yet not express any qualification work or way of constituting and ordaining of him seems unto us improbable Concerning the signification of the word Episcopus importing an Overseer or one that hath a charge committed to him for instance of watching a Beacon or keeping sheep and the application of the name to such persons as have inspection of the Churches of Christ committed to them in spiritualibus we also give our suffrage but not to that distinction of Episcopus gregis and Episcopus pastorum gregis both because it is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or point in question and also because Your Majesty having signified that Episcopus imports a keeper of sheep yet You have not said that it signifies also a keeper of shepherds As to that which is affirmed by Your Majesty that the peculiar of the Function of Bishops is Church-Government and that the reason why the word Episcopus is usually applied to Presbytery was because Church-Governors had then another title of greater eminency to wit that of Apostles until the Government of the Church came into the hands of their Successors and then the names were by common usage very soon appropriated that of Episcopus to Ecclesiastical Governors that of Presbyter to the ordinary Ministrrs This assertion Your Majesty is pleased to make without any demonstration for whom the Scripture calls Presbyters Rulers and Pastors and Teachers it calls Governors and commits to them the charge of feeding and inspection as we have proved and that without any mention of Church-Government peculiar to a Bishop We deny not but some of the Fathers have conceived the notion that Bishops were called Apostles till the names of Presbyter and Episcopus became appropriate which is either an allusion or conceit without Evidence of Scripture for while the Function was one the names were not divided when the Function was divided the name was divided also and indeed impropriate but we that look for the same warrant for the division of an Office as for the Constitution cannot find that this appropriation of names was made till afterwards or in process of time as Theodore one of the Fathers of this conceit affirms whose saying when it is run out of the pale of Scripture time we can no further follow From which premisses laid all together we did conclude the clearness of our assertion that in the Scriptures of the New Testament a Bishop distinct from a Presbyter in Qualification Ordination Office or Dignity is not found the contrary whereof though Your Majesty saith that You have seen confirmed by great variety of credible Testimony yet we believe those Testimonies are rather strong in asserting than in demonstrating the
that Ignatius cannot be distinctly known in Ignatius And if we take him in gross we make him the Patron as Baronius and the rest of the Popish Writers do of such rites and observations as the Church in his time cannot be thought to have owned He doth indeed give testimony to the Prelacy of a Bishop above a Presbyter that which may justly render him suspected is that he gives too much Honour saith he the Bishop as God's high Priest and after him you must honour the King He was indeed a holy Martyr and his writings have suffered Martyrdom as well as he Corruptions could not go current but under the credit of worthy Names That which Your Majesty saith in Your fourth Paragraph that we might have added if we had pleased That James Timothy Titus c. were constituted and ordained Bishops of the forementioned places respectively and that all the Bishops of those times were reputed Successors to the Apostles in their Episcopal Office we could not have added it without prejudice as we humbly conceive to the truth for the Apostles did not ordain any of themselves Bishops nor could they do it for even by Your Majesties Concession they were Bishops before viz. as they were Apostles nor could any Apostle his choice of a certain Region or place to exercise his function in whilst he pleased render him a Bishop any more than Paul was Bishop of the Gentiles Peter of the Circumcision Neither did the Apostles ordain the Evangelists Bishops of those places unto which they sent them nor were the Bishops of those times any more than as Your Majesty saith reputed Successors to the Apostles in their Episcopal Office they came after the Apostles in the Churches by them planted so might Presbyters do But that 's not properly succession at least not succession into Office and this we say with a Salvo to our Assertion That in those times there were no such Bishops distinct from Presbyters Neither do we understand whether the words Episcopal Office in this Section refer to the Bishops or Apostles for in reference to Apostles it insinuates a distinction of the Apostles Office into Apostolical and Episcopal or that the Office Apostolical was wholly Episcopal unto neither of which we can give our consent for reasons forementioned To the testimonies by us recited in proof of two only Orders Your Majesty answers first That the promiscuous use of the names of Bishops and Presbyters is imported That which Your Majesty not long ago called our old fallacy is now Your Answer only with this difference we under promiscuous names hold the same Office Your Majesty under promiscuous names supposes two which if as it is often asserted was but once proved we should take it for a determination of this Controversie Secondly that they relate to a School-point or a nicety utrum Episcopatus fit or do vel gradus both sides of the questionists or disputants in the mean time acknowledging the right of Church-government in the Bishops alone It is confest by us that that question as it is stated by Popish Authors is a curious nicety to which we have no eye or reference for though the same Officers may differ from and excel others of the same order in Gifts or Qualifications yet the Office it self is one and the same without difference or degrees as one Apostle or Presbyter is not superior to another in the degree of Office they that are of the same Order are of the same degree in respect of Office as having Power and Authority to the same Acts. Nor doth the Scripture warrant or allow any Superiority of one over another of the same Order and therefore the proving of two Orders only in the Church is a demonstration that Presbyters and Bishops are the same In which point the Scripture will counter-balance the testimonies of those that assert three degrees or orders though ten for one But for easing of Your Majesty of the trouble of producing testimonies against those cited by us we make this humble motion that the Regiments on both sides may be discharged out of the field and the Point disputed by Dint of holy Scripture Id verum quod primum Having passed through the Argumentative parts of Your Majesties Reply wherein we should account it a great happiness to have given Your Majesty any satisfaction in order whereunto You pleased to honour us with this employment we shall contract our selves in the remainder craving Your Majesties pardon if You shall conceive us to have been too much in the former and too little in that which follows We honour the pious intentions and munificence of Your Royal Progenitors and do acknowledge that Ornamental Accessions granted to the Person do not make any substantial change in the Office the real difference betwixt that Episcopal Government which first obtained in the Church and the present Hierarchy consists in ipso regimine modo regiminis which cannot be clearly demonstrated in particulars until it be agreed on both sides what that Episcopacy was then and what the Hierarchy is now and then it would appear whether these three forementioned Essentials of Episcopal Government were the same in both For the Power under Christian Princes and under Pagan is one and the same though the Exercise be not And we humbly receive Your Majesties pious Advertisement not unlike that of Constantine's stirring us up as men unbiassed with private interests to study the nearest Accommodation and best resemblance to the Apostolical and Primitive times But for Your Majesties Salvo to the Bishops sole power of Ordination and Jurisdiction and that distinction of Ordination Authoritative in the Bishop and Concomitant in the Presbytery which You seem to found upon these two Texts 11 Tim. i. 6. 1 Tim. IV. 14. and which is used by Dr. Bilson and other Defenders of Episcopacy in explication of that Canon of the fourth Council of Carthage which enjoyns the joynt imposition of the Bishops and Presbyters hands we shall give Your Majesty an accompt when we shall be called to the inquisition thereof Albeit that we do not for the present see but that this Proviso of Your Majesty renders our accommodation to the Apostolical and Primitive times whereunto You did exhort us unfeisible We notwithstanding do fully profess our acknowledgement of subordination of the outward exercise of Jurisdiction to the Sovereign power and our accomptableness to the Laws of the Land As for Your Majesties three Questions of great importance Whether there be a certain form of Government left by Christ and his Apostles to be observed by all Christian Churches Whether it bind perpetually or be upon occasion alterable in whole or in part Whether that certain form of Government be the Episcopal Presbyterian or some other differing from them hoth The whole Volume of Ecclesiastical Policy is contained in them and we hope that neither Your Majesty expected of us a particular Answer to them at this time nor will take offence at us if
from the effects of blind Zeal and over-bold Devotion XVII Of the Differences between the KING and the Two Houses in point of CHURCH-GOVERNMENT TOuching the Government of the Church by Bishops the common Jealousie hath been that I am earnest and resolute to maintain it not so much out of Piety as Policy and reason of State Wherein so far indeed reason of State doth induce Me to approve that Government above any other as I find it impossible for a Prince to preserve the State in quiet unless he hath such an influence upon Church-men and they such a dependance on Him as may best restrain the seditious exorbitancies of Ministers tongues who with the Keys of Heaven have so far the Keys of the Peoples Hearts as they prevail much by their Oratory to let in or shut out both Peace and Loyalty So that I being as KING intrusted by God and the Laws with the good both of Church and State I see no reason I should give up or weaken by any change that power and influence which in right and reason I ought to have over both The removing Bishops out of the House of Peers of which I have elsewhere given an account was sufficient to take off any suspicion that I encline to them for any use to be made of their Votes in State-affairs Tho indeed I never thought any Bishop worthy to sit in that House who would not Vote according to his Conscience I must now in Charity be thought desirous to preserve that Government in its right constitution as a matter of Religion wherein both my Judgment is fully satisfied that it hath of all other the fullest Scripture grounds and also the constant Practice of all Christian Churches till of late years the Tumultuariness of people or the Factiousness and Pride of Presbyters or the Covetousness of some States and Princes gave occasion to some mens wits to invent new models and propose them under the specious titles of Christs Government Scepter and Kingdom the better to serve their turns to whom the change was beneficial They must give Me leave having none of their temptations to invite Me to alter the Government of Bishops that I may have a title to their Estates not to believe their pretended grounds to any new ways contrary to the full and constant testimony of all Histories sufficiently convincing unbiassed men that as the Primitive Churches were undoubtedly governed by the Apostles and their immediate Successors the first and best Bishops so it cannot in Reason or Charity be supposed that all Churches in the world should either be ignorant of the Rule by them prescribed or so soon deviate from their Divine and Holy Pattern That since the first Age for fifteen hundred years not one Example can be produced of any setled Church wherein were many Ministers and Congregations which had not some Bishop above them under whose Jurisdiction and Government they were Whose constant and universal practice agreeing with so large and evident Scripture-Directions and Examples as are set down in the Epistles to Timothy and Titus for the setling of that Government not in the Persons only of Timothy and Titus but in the Succession the want of Government being that which the Church can no more dispense with in point of well-being than the want of the Word and Sacraments in point of being I wonder how men came to look with so envious an eye upon Bishops power and authority as to oversee both the Ecclesiastical use of them and Apostolical constitution which to Me seems no less evidently set forth as to the main scope and design of those Epistles for the setling of a peculiar Office Power and Authority in them as President-Bishops above others in point of Ordination Censures and other acts of Ecclesiastical Discipline than those shorter characters of the qualities and duties of Presbyter-Bishops and Deacons are described in some parts of the same Epistles who in the latitude and community of the name were then and may now not improperly be call'd Bishops as to the oversight and care of single Congregations committed to them by the Apostles or those Apostolical Bishops who as Timothy and Titus succeeded them in that ordinary power there assigned over larger divisions in which were many Presbyters The Humility of those first Bishops avoiding the eminent title of Apostles as a name in the Churches style appropriated from its common notion of a Messenger or one sent to that special Dignity which had extraordinary Call Mission Gifts and Power immediately from Christ they contented themselves with the ordinary titles of Bishops and Presbyters until use the great arbitrator of words and master of language finding reason to distinguish by a peculiar name those Persons whose Power and Office were indeed distinct from and above all other in the Church as succeeding the Apostles in the ordinary and constant power of governing the Churches the honour of whose name they moderately yet commendably declined all Christian Churches submitting to that special authority appropriated also the name of Bishop without any suspicion or reproach of arrogancy to those who were by Apostolical propagation rightly descended and invested into that highest and largest power of governing even the most pure and Primitive Churches which without all doubt had many such holy Bishops after the pattern of Timothy and Titus whose special power is not more clearly set down in those Epistles the chief grounds and limits of all Episcopal claim as from Divine Right than are the characters of these perilous times and those men that make them such who not enduring sound Doctrine and clear testimonies of all Churches practice are most perverse Disputers and proud Usurpers against true Episcopacy who if they be not Traitors and Boasters yet they seem to be very covetous heady high-minded inordinate and fierce lovers of themselves having much of the Form little of the power of Godliness Who by popular heaps of weak light and unlearned Teachers seek to over-lay and smother the pregnancy and authority of that power of Episcopal Government which beyond all equivocation and vulgar fallacy of names is most convincingly set forth both by Scripture and all after-Histories of the Church This I write rather like a Divine than a Prince that Posterity may see if ever these Papers be publick that I had fair grounds both from Scripture-Canons and Ecclesiastical Examples whereon my Judgment was stated for Episcopal Government Nor was it any Policy of State or obstinacy of Will or partiality of Affection either to the men or their Function which fixed Me who cannot in point of worldly respects be so considerable to Me as to recompence the injuries and losses I and My dearest Relations with My Kingdoms have sustained and hazarded chiefly at first upon this quarrel And not only in Religion of which Scripture is the best rule and the Churches Universal Practice the best commentary but also in right Reason and the true nature of Government it cannot be thought
in their time but that such Reformation hath been perfect I cannot admit Asa took away Idolatry but his Reformation was not perfect for Jehosaphat removed the High places yet was not his Reformation perfect for it was Hezekiah that brake the Brasen Serpent and Josiah destroyed the Idol-Temples who therefore beareth this Elogie That like unto him there was no King before him It is too well known that the Reformation of K. Henry the VIII was most imperfect in the Essentials of Doctrine Worship and Government And although it proceeded by some degrees afterward yet the Government was never reformed the Head was changed Dominus non Dominium and the whole lims of the Antichristian Hierarchy retained upon what Snares and Temptations of Avarice and Ambition the great Enchanters of the Clergy I need not express It was a hard saying of Romanorum Malleus Grosthed of Lincoln That Reformation was not to be expected nisi in ore gladii cruentandi Yet this I may say that the Laodicean lukewarmness of Reformation here hath been matter of continued complaints to many of the Godly in this Kingdom occasion of more Schism and Separation than ever was heard of in any other Church and of unspeakable grief and sorrow to other Churches which God did bless with greater purity of Reformation The glory of this great work we hope is reserved for Your Majesty that to Your comfort and everlasting Fame the praise of godly Josiah may be made Yours which yet will be no dispraise to Your Royal Father or Edward the VI. or any other Religious Princes before You none of them having so fair an opportunity as is now by the supreme Providence put into Your Royal hands My soul trembleth to think and to foresee what may be the event if this opportunity be neglected I will neither use the words of Mordecai Esth 4. 14. nor what Savonarola told another Charles because I hope better things from Your Majesty 4. To the Argument brought by your Majesty which I believe none of your Doctors had they been all about You could more briefly and yet so fully and strongly have expressed That nothing was retained in this Church but according as it was deduced from the Apostles to the constant universal practice of the Primitive Church and that it was of such consequence as by the alteration of it we should deprive our selves of the lawfulness of Priesthood I think Your Majesty means a lawful Ministry and then how the Sacraments can be administred is easy to judge I humbly offer these considerations First What was not in the times of the Apostles cannot be deduced from them We say in Scotland It cannot be brought But that is not the Ben But not to insist now on a Liturgy and things of that kind there was no such Hierarchy no such difference betwixt a Bishop and a Presbyter in the times of the Apostles and therefore it cannot thence be deduced for I conceive it to be as clear as if it were written with a Sun-beam that Presbyter and Bishop are to the Apostles one and the same thing no majority no inequality or difference of office power or degree betwixt the one and the other but a mere Identity in all 2. That the Apostles intending to set down the Offices and Officers of the Church and speaking so often of them and of their gifts and duties and that not upon occasion but of set purpose do neither express nor imply any such Pastor or Bishop as hath power over other Pastors although it be true that they have distinctly and particularly exprest the Office Gifts and Duties of the meanest Officers such as Deacons 3. That in the Ministery of the New Testament there is a comely beautiful and Divine Order and subordination one kind of Ministers both ordinary and extraordinary being placed in degree and dignity before another as the Apostles first the Evangelists Pastors Doctors c. in their own ranks but we cannot find in Offices of the same kind that one hath majority of power or priority of degree before another no Apostle above other Apostles unless in moral respects no Evangelist above other Evangelists or Deacon above other Deacons why then a Pastor above other Pastors In all other sorts of Ministers ordinary and extraordinary a Parity in their own kind only in the office of Pastor an Inequality 4. That the whole power and all the parts of the Ministry which are commonly called The power of Order and Jurisdiction are by the Apostles declared to be common to the Presbyter and Bishop and that Matt. 15. 16 17. the gradation in matter of Discipline or Church censures is from one to two or more and if he shall neglect them tell it to the Church he saith not tell it to the Bishop there is no place left to a retrogradation from more to one were he never so eminent If these considerations do not satisfie Your Majesty may have more or the same further cleared 5. Secondly I do humbly desire Your Majesty to take notice of the fallacy of that Argument from the Practice of the Primitive Church and the universal Consent of the Fathers It is the Argument of the Papists for such Traditions as no Orthodox Divine will admit The Law and Testimony must be the Rule We can have no certain knowledge of the Practice universal of the Church for many years Eusebius the prime Historian confesseth so much the learned Josephus Scaliger testifieth that from the end of the Acts of the Apostles until a good time after no certainty can be had from Ecclesiastical Authors about Church matters It is true Diotrephes sought the preeminence in the Apostles times and the Mystery of iniquity did then begin to work and no doubt in after times some puffed up with Ambition and others overtaken with Weakness endeavoured alteration of Church-Government but that all the Learned and Godly of those times consented to such a Change as is talked of afterwards will never be proved 6. Thirdly I will never think that Your Majesty will deny the lawfulness of a Ministery and the due administration of the Sacraments in the Reformed Churches which have no Diocesan Bishops sith it is not only manifest by Scripture but a great many of the strongest Champions for Episcopacy do confess that Presbyters may ordain other Presbyters and that Baptism administred by a private Person wanting a publick Calling or by a Midwife and by a Presbyter although not ordained by a Bishop are not one and the same thing 7. Concerning the other Argument taken from Your Majesty's Coronation Oath I confess that both in the taking and keeping of an Oath so sacred a thing is it and so high a point of Religion much tenderness is required and far be it from us who deresi to observe our own Solemn Oath to press Your Majesty with the violation of Yours Yet Sir I will crave Your leave in all humbleness and sincerity to lay before Your Majesty's eyes this
viz. because it was not The one Reason given by Your Majesty is because in the Churches which the Apostles themselves planted they placed Presbyters under them for the Office of Teaching but reserved in their own hands the Power of Governing those Churches for a longer or shorter time before they set Bishops over them Which under Your Majesties favour is not so much a reason why Bishops are not mentioned to be in those places as that they indeed were not The variety of Reasons may we say or Conjectures rendred why Bishops were not set up at first as namely because fit men could not be so soon found out which is Epiphanius his reason or for remedy of Schism which is Jerome's reason or because the Apostles saw it not expedient which is Your Majesties reason doth shew that this Cause labours under a manifest weakness For the Apostles reserving in their own hands the power of Governing we grant it they could no more devest themselves of power of Governing than as Dr. Bilson saith they could lose their Apostleship had they set no Bishops in all Churches they had no more parted with their power of Governing than they did in setting up the Presbyters for we have proved that Presbyters being called Rulers Governors Bishops had the power of Governing in Ordinary committed to them as well as the Office of Teaching and that both the Keys as they are called being by our Saviour committed into one hand were not by the Apostle divided into two Nor do we see how the Apostle could reasonably commit the Government of the Church to the Presbyters of Ephesus Acts 20. and yet reserve the power of Governing viz. in Ordinary in his own hands who took his solemn leave of them as never to see their faces more As concerning that part of the power of Government which for distinction sake may be called Legislative and which is one of the three fore-mentioned things challenged by the Bishops viz. giving Rules the reserving of it in the Apostles hands hindred not but that in Your Majesties Judgment Timothy and Titus were Bishops of Ephesus and Crete to whom the Apostle gives Rules for Ordering and Governing of the Church Nor is there any more reason that the Apostles reserving that part of the Power of Governing which is called Executive in such cases and upon such occasions as they thought meet should hinder the setting up of Bishops if they had intended it and therefore the reserving of Power in their hands can be no greater reason why they did not set us Bishops at the first than that they never did And since by Your Majesties Concession the Presbyters were plac'd by the Apostles first in the Churches by them planted and that with Power of Governing as we prove by Scripture You must prove the super-institution of a Bishop over the Presbyters by the Apostles in some after-times or else we must conclude that the Bishop got both his Name and Power of Government out of the Presbyters hand as the Tree in the wall roots out the stones by little and little as it self grows As touching Philippi where Your Majesty saith it may be probable there was yet no Bishop it is certain there were many like them who were also at Ephesus to whom if only the Office of Teaching did belong they had the most laborious and honourable part that which was less honourable being reserved in the Apostles hands and the Churches left in the mean time without ordinary Government The other Reason given why only two Orders are mentioned in those places is because he wrote in the Epistles to Timothy and Titus to them that were Bishops so there was no need to write any thing concerning the Choice or Qualification of any other sort of Officers than such as belonged to their Ordination or Inspection which were Presbyters and Deacons only and no Bishops The former Reason why only two Orders are mentioned in the Epistle to the Philippians was because there was yet no Bishop this latter Reason why the same two only are mentioned in these Epistles is because there was no Bishop to be Ordained We might own the reason for good if there may be found any rule for the Ordination of the other Order of Bishops in some other place of Scripture but if the Ordination cannot be found how should we find the Order And it is reasonable to think that the Apostle in the Chapter formerly alledged i Tim. iii. where he passes immediately from the Bishop to the Deacon would have distinctly exprest or at least hinted what sort of Bishops he meant whether the Bishop over Presbyters or the Presbyter-Bishop to have avoided the confusion of the Name and to have set as it were some matk of difference in the Escocheon of the Presbyter-Bishop if there had been some other Bishop of a higher house And whereas Your Majesty saith there was no need to write to them about a Bishop in a distinct sense who belonged not to their Ordination and Inspection we conceive that in Your Majesties judgment Bishops might then have Ordained Bishops like themselves for there was then no Canon forbidding one single Bishop to ordain another of his own rank and there being many Cities in Crete Titus might have found it expedient as those ancient Fathers that call him Arch-bishop think he did to have set up Bishops in some of those Cities So that this Reason fights against the Principles of those that hold Timothy and Titus to have been Bishops For our part we believe that these Rules belonged not to Timothy and Titus with strict limitation to Ephesus and Crete but respectively to all the places or Churches where they might come and to all that shall at any time have the Office of Ordaining and Governing as it is written in the same Chapter i Tim. iii. 14 15. These things I have written unto thee c. that thou mayest know how to behave thy self in the House of God which is the Church And therefore if there had been any proper Character or Qualification of a Bishop distinct from a Presbyter if any Ordination or Office we think the Apostle would have signified it but because he did not we conclude and the more strongly from the insufficiency of Your Majesties two Reasons that there are only two Orders of Officers and consequently that a Bishop is not superior to a Presbyter for we find not as we said in our Answer that one Officer is superior to another who is of the same Order Concerning the Ages succeeding the Apostles Your Majesty having in Your first Paper said that You could not in Conscience consent to Abolish Episcopal Government because You did conceive it to be of Apostolical Institution practised by the Apostles themselves and by them committed and derived to particular persons as their Successors and hath ever since till these last times been exercised by Bishops in all the Churches of Christ we thought it necessary in our Answer to
subjoyn to that we had said out of the Scriptures the Judgment of divers ancient Writers and Fathers by whom Bishops were not acknowledged as a Divine but as an Ecclesiastical Institution as that which might very much conduce both to the easing of Your Majesties Scruple to consider that howsoever Episcopal Government was generally current yet the superscription was not judged Divine by some of those that either were themselves Bishops or lived under that Government and to the vindication of the opinion which we hold from the prejudice of Novellisme or of Recess from the Judgment of all Antiquity We do as firmly believe as to matter of fact that Chrysostome and Austin were Bishops as that Aristotle was a Philosopher Cicero an Orator though we should rather call our Faith and belief thereof certain in matter of fact upon humane Testimonies uncontroll'd than infallible in respect of the Testimonies themselves But whereas Your Majesty saith That the darkness of the History of the Church in the times succeeding the Apostles is a strong Argument for Episcopacy which notwithstanding that darkness hath found so full proof by unquestioned Catalogues as scarce any other matter of fact hath found the like we humbly conceive that those fore-mentioned times were dark to the Catalogue-makers who must derive the series of Succession from and through those Historical darknesses and so make up their of Catalogues very much from Traditions and Reports which can give no great Evidence because they agree not amongst themselves and that which is the great blemish of their Evidence is that the nearer they come to the Apostles times wherein they should be most of all clear to establish the Succession firm and clear at first the more doubtful uncertain and indeed contradictory to one another are the Testimonies Some say that Clemens was first Bishop of Rome after Peter some say the third and intricacies about the Order of Succession in Linus Anacletus Clemens and another called Cletus as some affirm are inextricable Some say that Titus was Bishop of Crete some say Arch-Bishop and some Bishop of Dalmatia Some say that Timothy was Bishop of Ephesus and some say that John was Bishop of Ephesus at the sametime Some say that Polycarpus was the first Bishop of Smyrna another saith that he succeeded one Bucolus and another that Aristo was first Some say that Alexandria had but one Bishop and other Cites two and others that there was but one Bishop of one City at the same time And how should those Catalogues be unquestionable which must be made up out of Testimonies that fight one with another We confess that the Ancient Fathers Tertullian Irenoeus c. made use of Succession as an Argument against Hereticks or Innovators to prove that they had the traduces Apostolici seminis and that the Godly and Orthodox Fathers were on their side But that which we now have in hand is Succession in Office which according to the Catalogues resolves it self into some Apostle or Evangelist as the first Bishop of such a City or Place who as we conceive could not be Bishops of those places being of higher Office though according to the language of after-times they might by them that drew up the Catalogues be so called because they planted and founded or watered those Churches to which they are Entitled and had their greatest residence in them Or else the Catalogues are drawn from some eminent men that were of great veneration and reverence in the times and places where they lived and Presidents or Moderators of the Presbyteries whereof themselves were Members from whom to pretend the Succession of after Bishops is as if it should be said that Caesar was Successor to the Roman Consuls And we humbly conceive that there are some Rites and Ceremonies used continually in the Church of old which are asserted to be found in the Apostolical and Primitive times and yet have no colour of Divine Institution and which is Argument above all other the Fathers whose Names we exhibited to your Majesty in our Answer were doubtless acquainted with the Catalogues of Bishops who had been before them and yet did hold them to be of Ecclesiastical Institution And lest Your Majesty might reply That however the Testimonies and Catalogues may vary or be mistaken in the order or times or names of those persons that succeeded the Apostles yet all agree that there was a Succession of some persons and so though the credit of the Catalogues be infirmed yet the thing intended is confirmed thereby We grant that a Succession of men to feed and govern those Churches while they continued Churches cannot be denied and that the Apostles and Evangelists that planted and watered those Churches though extraordinary and temporary Officers were by Ecclesiastical Writers in compliance with the Language and usage of their own times called Bishops and so were other eminent men of chief note presiding in the Presbyteries of the Cities or Churches called by such Writers as wrote after the division or distinction of the names of Presbyters and Bishops But that those first and ancientest Presbyters were Bishops in proper sense according to Your Majesties description invested with power over Presbyters and people to whom as distinct from Presbyters did belong the power of Ordaining giving Rules ahd Censures we humbly conceive can never be proved by authentick or competent Testimonies And granting that Your Majesty should prove the Succession of Bishops from the Primitive times seriatim yet if these from whom You draw and through whom You derive it be found either more than Bishops as Apostles and extraordinary persons or less than Bishops as merely first Presbyters having not one of the three Essentials to Episcopal Government mentioned by Your Majesty in their own hand it will follow that all that Your Majesty hath proved by this Succession is the Homonymy and equivocal acceptation of the word Episcopus For Clemens his Testimony which Your Majesty conceiveth to be made use of as our old fallacy from the promiscuous use of the words to infer the indistinction of the things we refer our selves to himself in his Epistle now in all mens hands whose Testimony we think cannot be eluded but by the old Artifice of hiding the Bishop under the Presbyters name for they that have read his whole Epistle and have considered that himself is called a Bishop Clement's opinion concerning the distinct Offices of Bishops and Presbyters or rather not doubt of it if only his own Epistle may be impanel'd upon the Inquest Concerning Ignatius his Epistles Your Majesty is pleased to use some earnestness of expression charging some of late without any regard of ingenuity or truth out of their partial disaffection to Bishops to have endeavoured to discredit his Writings One of those cited by us cannot as we conceive be suspected of disaffection to Bishops and there are great Arguments drawn out of those Epistles themselves betraying their insincerity adulterate mixtures and interpolations so
we hold only to that which is the question in order to the Bill of Abolition For we humbly profess our readiness to serve Your Majesty in Answering these or any other questions within our proper cognisance according to the proportion of our mean abilities For Your Majesties Condescension in vouchsafing us the liberty and honour of examining Your learned Reply cloathed in such Excellency of Style and for Your exceeding Candour shewed to such men as we are and for the acceptation of our humble duty we render to Your Majesty most humble Thanks and shall pray That such a Pen in the hand of such Abilities may ever be employed in a Subject worthy of it That your Majesty would please to consider that in this point under debate Succession is not the best Clue and most certain and ready way to find out the Original for to go that way is to go the furthest way about yea to go backward and when You are at the Spring viz. the Scripture it self You go to the Rivers end that You may seek the Spring And that the Lord would guide Your Majesty and the two Houses of Parliament by the right hand of his Counsel and shew You a happy way of healing our unhappy Differences and of settling the Commonwealth of Jesus Christ which is the Church so as all the members thereof may live under You in all Godliness Peace and Honesty V. His MAJESTIES Final Answer concerning Episcopacy Nov. 1. MDCXLVIII WHat you have offered by way of Reply to His Majesties Second Paper of October 6. in yours of October 17. in order to the further satisfaction of His Conscience in the point of Episcopacy His Majesty heard when it was publickly read by you with diligent attention and hath since so far as His leisure would permit taken the same into his private and serious Consideration Wherein His Majesty not only acknowledgeth your great Pains and Endeavours to inform His Judgment acording to such perswasions as your selves have in the matter in debate but also taketh special notice of the Civility of your applications to Him both in the Body and Conclusion of your Reply yet He cannot but observe withall that in very many things you either mistake His meaning and purpose in that Paper or at least come not up fully enough thereunto in this Reply Which to have shown will sufficiently remonstrate your present Reply to be unsatisfactory in that behalf without making a particular Answer to every passage in it which to a Paper of that length would require more time than His Majesty can think fit amidst the present weighty affairs to allow unto a debate of this nature Especially since His Majesty hath often found mutual returns of long Answers and Replies to have rather multiplied disputes by starting new Questions than informed the Conscience by removing former Scruples As to the Scriptures cited in the Margin of His Majesties first Paper It being granted by you that those Scriptures did prove the Apostles and others being single Persons to have exercised respectively the several powers in the Paper specified which powers by your own confession in this Reply Sect. 7. a single Person who is but a mere Presbyter hath no right to exercise and it being withall evident that a Bishop in the Ecclesiastical sense and as distinct from a Presbyter layeth claim to no more than to a peculiar right in the exercise of some or all of the said Powers which a mere Presbyter hath not the Conclusion seemeth natural and evident that such a Power of Church-Government as we usually call Episcopal is sufficiently proved by those Scriptures As to the Bishops Challenge First when you speak of a Writ of partition you seem to take His Majesties words as if He had shared and cantoned out the Episcopal Office one part to the Bishops alone another to the Presbyters alone and you fall upon the same again afterwards Sect. 6. Whereas His Majesties meaning was and by His words appeareth so to have been that one part of the Office that of Teaching c. was to be common to both alike but the other part that of Governing Churches peculiar to the Bishop alone Secondly you infer from His Majesties words That the Bishops Challenge appeareth to be grown to more than was formerly pretended to Which inference His Majesties words by you truly cited if rightly understood will not bear For having proved from Scripture the power of Church-Government in all the three mentioned Particulars to have been exercised by the Apostles and others His Majesty said but this only That the Bishops challenge no more or other power to belong unto them in respect of their Episcopal Office than what properly falleth under one of these three The Words are true for he that believeth they challenge not so much might safely say they challenge no more But the Inference is not good For he that saith they challenge no more doth not necessarily imply they challenge all that In the power of Ordination which is purely spiritual His Majesty conceiveth the Bishops challenge to have been much-what the same in all times of the Church and therefore it is that the matter of Ordination is most insisted on as the most constant and most evident difference between Bishops and Presbyters especially after the times of Constantine which His Majesty by your relating to Chrysostom and Hierom taketh to be the same you call the times of Grown Episcopacy But His Majesty seeth no necessity that the Bishops challenge to the power of Jurisdiction should be at all times as large as the exercise thereof appeareth at some times to have been the exercise thereof being variable according to the various conditions of the Church in different times And therefore His Majesty doth not believe that the Bishops under Christian Princes do challenge such an amplitude of Jurisdiction to belong unto them in respect of their Episcopal Office precisely as was exercised in the Primitive times by Bishops before the days of Constantine The reason of the difference being evident That in those former times under Pagan Princes the Church was a distinct Body of it self divided from the Commonwealth and so was to be governed by its own Rules and Rulers the Bishops therefore of those times tho they had no outward coercive power over mens Persons or Estates yet inasmuch as every Christian man when he became a Member of the Church did ipso facto and by that his own voluntary act put himself under their Government they exercised a very large power of Jurisdiction in Spiritualibus in making Ecclesiastical Canons receiving Accusations conventing the Accused examining Witnesses judging of Crimes excluding such as they found guilty of scandalous offences from the Lord's Supper enjoyning Penances upon them casting them out of the Church receiving them again upon their Repentance c. And all this they exercised as well over Presbyters as others But after that the Church under Christian Princes began to be
Church-Government could have pretended to such institution it had been the most impossible thing in the world when there neither was any outward coercive power to inforce it nor could be any General Council to establish it to have introduced such a Form of Government so suddenly and quietly into all Christian Churches and not the Spirit of any one Presbyter for ought that appeareth for above Three Hundred years to have been provoked either through Zeal Ambition or other motive to stand up in the just defence of their own and the Churches liberty against such an Usurpation His Majesty believeth that whosoever shall consider the premisses together with the Scripture-evidences that are brought for that Government will see reason enough to conclude the same to have something of Divine Institution in it notwithstanding all the evasions aad objections that the subtil wit of man can devise to perswade the contrary And therefore His Majesty thinketh it fit plainly to tell you that such Conjectural Interpretations of Scripture as He hath yet met with in this Argument how handsomly soever set off are not Engines of strength enough to remove Him from that Judgment wherein He hath been setled from His Childhood and findeth so consonant to the Judgment of Antiquity and to the constant Practice of the Christian Church for so many hundred years which in a matter of this nature ought to weigh more than mere Conjectural Inferences from Scripture-Texts that are not so attested Which having now once told you His Majesty thinketh Himself discharged from the necessity of making so large and particular an Answer to every Allegation in the sequel of your Reply as hitherto He hath done As to the Apostles Mission and Succession To make His Answer the shorter to so long a discourse His Majesty declareth that His meaning was not by distinguishing the Mission and Vnction of the Apostles so to confine them as if they should relate precisely and exclusively the one to the Office the other to the Abilities but that they did more especially and eminently so relate For the Apostles after their last Mission Matth. xxviii 19 20. whereby they were further warranted to their Office and Work were yet to wait for that promised anointing Luke xxiv 49. Acts i. 4. the special effect whereof was the enduing them with Gifts of the Holy Ghost for the better and more effectual performing of that their Work and Office Nor was it His Majesties meaning to restrain the Extraordinaries in the Apostolical Office to those Gifts only for His Majesty afterwards in the same Paper mentioneth other Extraordinaries also as before is said but only to instance in those Gifts as one sort of Extraordinaries wherein the Apostles were to have no Successors But His Majesties full meaning was that the whole Apostolical Office setting aside all and only what was personal and extraordinary in them consisted in the work of Teaching and Governing which being both of necessary and perpetual use in the Church to the worlds end the Office therefore was also to continue and consequently the persons of the Apostles being mortal to be transmitted and derived to others in succession And that the Ordinary Successors of the Apostles immediately and into the whole Office both of Teaching and Governing are properly the Bishops the Presbyters succeeding them also but in part and into the Office of Teaching only and that mediately and subordinately to the Bishops by whom they are to be ordained and authorized thereunto which His Majesty taketh not to be as you call it a dissolving of the Apostolical Office Now the ground of what His Majesty hath said concerning the manner of Succession to the Apostles that it may appear not to have been said gratis is this The things which the Scriptures record to have been done by Christ or his Apostles or by others at their appointment are of three sorts some acts of Power merely extraordinary others acts of an ordinary power but of necessary and perpetual use othersome lastly and those not a few Occasional and Prudential fitted to the present condition of the Church in several times To the Apostles in matters of the first sort none pretend succession nor are either the Examples of what the Apostles themselves did or the directions that they gave to others what they should do in matters of the third sort to be drawn into consequence so far as to be made necessary Rules binding all succeeding Church-officers in all Times to perpetual observation So that there remain the things of the middle sort only which we may call Substantials into which the Apostles are to have ordinary and standing Successors But then the difficulty will be by what certain marks Extraordinaries Substantials and Prudentials may be known and distinguished each from other Evident it is the Scriptures do not afford any particular discriminating Characters whereby to discern them the Acts of all the three sorts being related in the like narrative forms and the directions of all the three sorts expressed in the like preceptive forms Recourse therefore must of necessity be had to those two more general Criterions the Laws of all human actions Reason and Common Usage Our own Reason will tell us that instructing the People of God in the Christian Faith exhorting them to Piety and good Works administring the Sacraments c. which belong to the Office of Teaching that Ordaining of Ministers Inspection over their Lives and Doctrines and other Administrations of Ecclesiastical Affairs belonging to the Office of Governing are matters of great importance and necessary concernment to the Church in all ages and times and therefore were to be concredited to standing Officers in a Line of succession and accordingly were judged and the continuance of them preserved in the constant usage of the Churches of Christ But that on the other side the decrees concerning Abstinence from Blood and Strangled Acts xv the Directions given for the ordering some things in the Church-Assemblies i Cor. xiv for making Provisions for the Poor i Cor. xvi 1. for the choice and maintenance of Widows i Tim. v. for the enoiling of the sick James v. 14. and other like were but Occasional Prudential and Temporary and were so esteemed by the Churches and the practice of them accordingly laid aside So for the Succession into the Apostolical Office we find in the Scriptures Evidence clear enough that the Apostles committed to others as namely to Timothy and Titus the Power both of Teaching and Governing the Churches And common Reason and Prudence dictating to us that it is good for the edifying of the Church that there should be many Teachers within a competent precinct but not so that there should be many Governours and the difference of Bishops and Presbyters to the purposes aforesaid having been by continual usage received and preserved in the Christian Church down from the Apostles to the present times His Majesty conceiveth the succession of Bishops to the Apostles into so
in the behalf of Episcopal Superiority are so clear and frequent in his Writings that altho he of all the Ancients be least suspected to favour that Function overmuch yet the Bishops would not refuse to make him Arbitrator in the whole business As for the Catalogues there will be more convenient place to speak of them afterwards Fifthly your long Discourse concerning the several stations and removes of Timothy and Titus Sect. 13 14. and their being called away from Ephesus and Crete Sect. 15. His Majesty neither hath time to examine nor thinketh it much needful in respect of what He hath said already so to do It is sufficient to make His Majesty at least suspend His Assent to your Conjectures and Inferences First that He findeth other Learned men from the like Conjectures to have made other Inferences as namely that Timothy and Titus having accompanied Paul in many journeys postea tandem were by him constituted Bishops of Ephesus and Crete Secondly that supposing they were after the times of the several Epistles written to them sent by the Apostles to other places or did accompany them in some of their journeys even for a long time together it cannot be concluded thence that they were not then Bishops of those Churches or that the Government of those Churches was not committed to their peculiar charge If it be supposed withall which is but reasonable that their absence was commanded by the Apostle and that they left their Churches cum animo revertendi Thirdly that the places which you press again of i Tim. i. 3. and Titus i. 5. weigh so little to the purpose intended by you even in your own judgments for you say only They put fair to prove it that you cannot expect they should weigh so much in His as to need any further Answer save only that His Majesty knoweth not what great need or use there should be of leaving Timothy at Ephesus or Titus in Crete for ordaining Presbyters and Deacons with such directions and admonitions to them for their care therein if they were not sent thither as Bishops For either there were Colleges of Presbyters in those places before their coming thither or there were not if there were and that such Colleges had power to ordain Presbyters and Deacons without a Bishop then was there little need of sending Timothy and Titus so solemnly thither about the work if there were none then had Timothy and Titus power of sole Ordination which is a thing by you very much disliked Those inconveniences His Majesty thinketh it will be hard wholly to avoid upon your Principles That Discourse you conclude with this Observation That in the very same Epistle to Timothy out of which he is endeavoured to be proved a Bishop there is clear evidence both for Presbyters imposing hands in Ordination and for their Ruling Yet His Majesty presumeth you cannot be ignorant that the evidence is not so clear in either particular but that in the former very many of the Latin Fathers especially and sundry later Writers as Calvin and others refer the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the remoter Substantive Grace or Gift and not that of Imposition of Hands and so understand it as meant of the Office of Presbytery or as we were wont to call it in English by derivation from that Greek word of Priesthood in Timothy himself and not of a Colledg or Company of Presbyters collectively imposing hands on him and that the Greek Fathers who take the word collectively do yet understand by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there a Company of Apostles or Bishops who laid hands on Timothy in his ordination to the Office of a Bishop as was ordinarily done by three joyning in that act in the Primitive and succeeding times and not of a College of mere Presbyters and that in the latter particular to wit that of Ruling the place whereon His Majesty conceiveth your Observation to be grounded hath been by the Adversaries of Episcopal Government generally and mainly insisted upon as the only clear proof for the establishing of Ruling-Lay-Elders which interpretation His Majesty knoweth not how far you will admit of As to the Angels of the Churches His Majesties purpose in naming these Angels in His first Paper sufficiently declared in His second required no more to be granted for the proving of what He intended but these Two Things only First That they were Personae singulares and then That they had a Superiority in their respective Churches as well over Presbyters as others which two being the Periphrasis or Definition of a Bishop His Majesty conceived it would follow of it self That they were Bishops That the Epistles directed to them in their respective Reproofs Precepts Threatnings and other the contents thereof did concern their fellow-Presbyters also and indeed the whole Churches which in your last you again remember His Majesty did then and doth still believe finding it agreeable both to the tenor of the Epistles themselves and to the consentient judgment of Interpreters Only His Majesty said and still doth That that hindreth not but that the Angels to whom the Epistles were directed were Personae singulares still This His Majesty illustrated by a Similitude which tho it do not hold in some other respects and namely those you observe for His Majesty never dreamt of a four-footed Similitude yet it perfectly illustrates the thing it was then intended for as is evident enough so that there needeth no more to be said about it That which you insist upon to prove the contrary from Revel xi 24. But I say to you 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plurally and the rest in Thyatira is plainly of no force if those Copies in which the copulative conjunction is wanting be true for then the Reading would be this But I say to you the rest in Thyatira But following the ordinary Copies the difficulty is not great such manner of Apostrophes by changing the number or turning the speech to another person being very usual both in Prophetick Writings such as this Book of Revelation is and in Epistles of this nature written to one but with reference to many others therein concerned Beza expoundeth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to you that is the Angel as President and his Collegues the other Presbyters and to the rest that is to the whole flock or people which manner of speaking might be illustrated by the like forms of speech to be used in a Letter written to a Corporation wherein the Mayor and Aldermen especially but yet the whole Town generally were concerned but directed to the Mayor alone or from a Lord containing some Orders for his own houshould especially and generally for the whole Township but by the Inscription directed to his Steward only or the like The Consent of ancient and later Writers was produced by His Majesty for the proof of the two things before named only but especially of the first viz. That the Angels were Personae singulares
that an orderly Subordination among Presbyters or Ministers should be any more against Christianity than it is in all secular and Civil Governments where Parity breeds Confusion and Faction I can no more believe that such Order is inconsistent with true Religion than good Features are with Beauty or Numbers with Harmony Nor is it likely that God who appointed several orders and a Prelacy in the Government of his Church among the Jewish Priests should abhor or forbid them among Christian Ministers who have as much of the Principles of Schism and Division as other men for preventing and suppressing of which the Apostolical Wisdom which was divine after that Christians were multiplied to many Congregations and Presbyters with them appointed this way of Government which might best preserve Order and Union with Authority So that I conceive it was not the Favour of Princes or Ambition of Presbyters but the Wisdom and Piety of the Apostles that first setled Bishops in the Church which Authority they constantly used and enjoyed in those times which were purest for Religion tho sharpest for Persecution Not that I am against the managing of this Presidency and Authority in one man by the joynt counsel and consent of many Presbyters I have offered to restore that as a fit means to avoid those Errors Corruptions and Partialities which are incident to any one man also to avoid Tyranny which becomes no Christians least of all Church-men besides it will be a means to take away that burthen and odium of affairs which may lie too heavy on one mans shoulders as indeed I think it formerly did on the Bishops here Nor can I see what can be more agreeable both to Reason and Religion than such a frame of Government which is Paternal not Magisterial and wherein not only the necessity of avoiding Faction and Confusion Emulations and Contempts which are prone to arise among equals in Power and Function but also the differences of some Ministers gifts and aptitudes for Government above others doth invite to employ them in reference to those Abilities wherein they are eminent Nor is this Judgment of Mine touching Episcopacy any pre-occupation of Opinion which will not admit any oppositions against it It is well known I have endeavoured to satisfie My self in what the chief Patrons for other ways can say against this or for theirs And I find as they have far less of Scripture grounds and of Reason so for Examples and Practice of the Church or testimonies of Histories they are wholly destitute wherein the whole stream runs so for Episcopacy that there is not the least rivulet for any others As for those obtruded Examples of some late Reformed Churches for many retain Bishops still whom necessity of times and affairs rather excuseth than commendeth for their Inconformity to all Antiquity I could never see any reason why Churches orderly reformed and governed by Bishops should be forced to conform to those few rather than to the Catholick example of all Ancient Churches which needed no Reformation and to those Churches at this day who governed by Bishops in all the Christian world are many more than Presbyterians or Independents can pretend to be All whom the Churches in My Three Kingdoms lately governed by Bishops would equalize I think if not exceed Nor is it any point of Wisdom or Charity where Christians differ as many do in some points there to widen the differences and at once to give all the Christian world except a handful of some Protestants so great a scandal in point of Church-Government whom tho you may convince of their Errors in some points of Doctrine yet you shall never perswade them that to compleat their Reformation they must necessarily desert and wholly cast off that Government which they and all before them have ever owned as Catholick Primitive and Apostolical so far that never Schismaticks nor Hereticks except those Aerians have strayed from the Unity and Conformity of the Church in that point ever having Bishops above Presbyters Besides the late general Approbation and Submission to this Government of Bishops by the Clergy as well as the Laity of these Kingdoms is a great confirmation of My Judgment and their Inconstancy is a great prejudice against their Novelty I cannot in charity so far doubt of their Learning or Integrity as if they understood not what heretofore they did or that they did conform contrary to their Consciences So that their facility and Levity is never to be excused who before ever the point of Church-government had any free and impartial debate contrary to their former Oaths and Practice against their obedience to the Laws in force and against My Consent have not only quite cried down the Government by Bishops but have approved and encouraged the violent and most illegal stripping all the Bishops and many other Church-men of all their due Authority and Revenues even to the selling away and utter alienation of those Church-lands from any Eclesiastical uses So great a power hath the stream of Times and the prevalency of Parties over some mens Judgments of whose so sudden and so total change little reason can be given besides the Scots Army coming into England But the Folly of these men will at last punish it self and the Desertors of Episcopacy will appear the greatest Enemies to and Betrayers of their own Interest for Presbytery is never so considerable or effectual as when it is joined to and crowned with Episcopacy All Ministers will find as great a difference in point of thriving between the favour of the People and of Princes as Plants do between being watered by hand or by the sweet and liberal dews of Heaven The tenuity and contempt of Clergy-men will soon let them see what a poor Carcass they are when parted from the influence of that Head to whose Supremacy they have been sworn A little Moderation might have prevented great mischiefs I am firm to Primitive Episcopacy not to have it extirpated if I can hinder it Discretion without Passion might easily reform whatever the rust of Times or indulgence of Laws or corruption of Manners have brough upon it It being a gross vulgar Error to impute to or revenge upon the Function the faults of Times or Persons which Seditious and popular Principle and Practice all wise men abhor For those Secular additaments and ornaments of Authority Civil Honour and Estate which My Predecessors and Christian Princes in all Countries have annexed to Bishops and Church-men I look upon them but as just Rewards of their Learning and Piety who are fit to be in any degree of Church-Government also enablements to works of Charity and Hospitality meet strengthenings of their Authority in point of Respect and Observance which in peaceful times is hardly payed to any Governors by the measure of their Virtues so much as by that of their Estates poverty and meanness exposing them and their Authority to the contempt of licentious minds and manners which persecuting
the Ministers in the several Churches in London and in those parts of the Kingdom where His danger was known were very earnest in their Prayers to God for His Diliverance and Spiritual Assistance Some of them in their Sermons declared the horrour of that sin that was about to be committed detested the Impiety of the Parricides and denounced the heavy Judgments which such a sinful Nation polluted with their Prince's blood were to expect The Congregations were dissolved into Tears Some bewailed the sad Condition of the King as the effect of the Sins of the Nation Others cursed their damnable Credulity of the Slanders of that Just man and the promises of Liberty by their Impostors And another sort wept because their Fears did prognosticate those Miseries which the Issue of His blood would let in upon them And every one found matter of grief fear and indignation in the loss of so Excellent a Prince All countenances were full of sadness and astonishment there was no Tumults nor any Quiet every one listning and hearkning either as impatient to know the greatness of their Misery or greedy to receive some hopes of Comfort in their Sovereign's Safety otherwise there was a stilness like that which too strong Passions effect and might be thought a Stupidity rather than a Calmness The next day being Jan. 29. the King was permitted the sight of His Children His conference and words with them was taken in writing and communicated to the World by the Lady Elizabeth His Daughter a Lady of most eminent Endowments who though born in the supremest Fortune yet lived in continual Tears the passages of her Life being spent in beholding the Ruines of her Family and the Murther of her dear Father whom she not long survived but died in that Confinement to which they had cheated His Majesty in Carisbrook Castle in the Isle of Wight While these things were done in publick the Conspirators meet in private in a Committee to appoint every one their part in this Tragedy determine what Gestures they were to affect what Words they were to use as also for the manner place and time of the Murther In which Consultations both now and before the Sentence each one according to the bloodiness of his temperament or servilely to flatter Cromwell by their Cruelty to Him that did obstruct his Ambition did propose several ways either of contempt or hatred in killing their sentenced yet anointed Sovereign Some would have His Head and Quarters fastned upon Poles as it is usual with Traitors that the marks of their Curelty might out-last His Death Others would have Him hanged as they punished Thieves and Murtherers Others gave their Vote that He should suffer in His Royal Habiliments with His Crown and in His Robes that it might be a Triumph of the Peoples power over Kings At last they think it sufficient that He should lose His Head by the stroak of an Ax on a Scaffold near White-Hall Gates before the Banqueting-House that so from thence where He used to sit on His Throne and shew the Splendour of Majesty He might pass to His Grave there parting with the Ensigns of Royalty and laying them down as Spoils where He had before used them as the Ornaments of Empire Thus did they endeavour to make their Malice ingenious and provided Triumphs for their revenge And because they suspected or were informed that as the King had not owned their Authority so He would not submit to their Execution not willingly stoop to the Block they caused to be fastned in it some Iron Staples and Rings that by them with Cords they might draw Him down if He would not comply But His prudent Meekness prevented this Inhumanity and He died disowning their Authority though He could not escape their Power In the midst of these Preparations they cause some Souldiers to offer to His Majesty certain Articles and Conditions to which if He would subscribe they promise Life and the continuance of a precarious Empire either out of a Terrour and Fear of the consequents of their Impieties for the confidence of contriving great Crimes is often turned into a sollicitude when they come to be acted or out of Design to ruine His Conscience and Honour together with His mortal Life if He should consent But when one or two of them had been read to Him He refused to hear any more saying I will suffer a thousand deaths ere I will so prostitute my Honour or betray the Liberties of my People Thus mindful of Justice He would not deface the Splendor of His former Vertues with a too impotent desire of Life At last that Fatal Day Jan. 30. approached and that morning a little before His Death the Conspirators ordered some of their Ministers viz. Marshall Nye Caryl Salway and Dell to pray with Him as they said in order to His passage out of this Life but when these sent to let Him know the end of their coming He returned answer that He was busie they sent a second time and He replied that He was at His Devotions they importunately sent a third time and my Lord of London then desiring to know what answer he should give to satisfie them His Majesty then as unconcerned in their Ministery said My Lord you may give them what answer you please but I am resolved that they who have so often and so causelesly prayed against Me shall not in this My Agony pray with Me they may pray for Me if they please Therefore the King arming Himself with His own Devotions in the Offices of the Church of England in them found an unexpected Comfort for the Gospel for that Day being the History of the Passion of our Saviour did by that Example strengthen the King to follow Jesus and to take up His Cross and His Majesty was thankful for that Pattern Being thus confirmed by the Blood for He took the Sacrament that Morning and Sufferings of His LORD whose Vicegerent He was together with His own Innocency against the Terrors of Death He was brought from St James's through the Park to White-Hall walking very fast and with as chearful a Countenance as if He were going to Hunting a Recreation He was much pleased with often advising His slow guards to move faster adding I now go before you to strive for an Heavenly Crown with less sollicitude than I formerly have led My Souldiers for an Earthly Diadem And being come to the end of the Park He with much Alacrity went up the Stairs leading to the long Gallery in White-Hall and so into the Cabinet-Chamber where He continued some time in Devotion while they were fitting the Theatre of His Murther While these things were acting the Lord Fairfax who had always forborn any publick appearance in the practices of this Murther had taken up as is credibly reported some Resolutions either in abhorrency of the Crime or by the Solicitations of others with his own Regiment though none else should follow him to hinder the
no question but there are always some flattering fools that can commend nothing but with hyperbolick expressions and you know that supposito quolibet sequitur quidlibet besides do you think that albeit some ignorant Fellows should attribute more power to Presbyters than is really due unto them that thereby their Just reverence and Authority is diminished So I see no reason why I may not safely maintain that the Interpretation of Fathers is a most excellent strengthning to My Opinion though others should attribute the Cause and Reason of their Faith unto it 2. As there is no question but that Scripture is far the best Interpreter of it self so I see nothing in this negatively proved to exclude any other notwithstanding your positive affirmation 3. Nor in the next for I hope you will not be the first to condemn your self Me and innumerable others who yet unblameably have not tied themselves to this Rule 4. If this you only intend to prove that Errours were always breeding in the Church I shall not deny it yet that makes little as I conceive to your purpose But if your meaning be to accuse the Universal practice of the Church with Errour I must say it is a very bold undertaking and if you cannot justifie your self by clear places in Scripture much to be blamed wherein you must not alledge that to be universally received which was not as I dare say that the Controversie about Free-will was never yet decided by Oecumenical or General Council nor must you presume to call that an Errour which really the Catholick Church maintained as in Rites of Baptism Forms of Prayer Observation of Feasts Fasts c. except you can prove it so by the Word of God and it is not enough to say that such a thing was not warranted by the Apostles but you must prove by their Doctrine that such a thing was unlawful or else the Practice of the Church is warrant enough for Me to follow and obey that Custom whatsoever it be and think it good and I shall believe that the Apostles Creed was made by them such Reverence I bear to the Churches Tradition untill other Authors be certainly found out 5. I was taught that de posse ad esse was no good Argument and indeed to Me it is incredible that any custom of the Catholick Church was erroneous which was not contradicted by Orthodox learned Men in the times of their first Practice as is easily perceived that all those Defections were some of them may be justly called Rebellions which you mention 6. I deny it is impossible though I confess it difficult to come to the knowledge of the Universal Consent and Practice of the Primitive Church therefore I confess a man ought to be careful how to believe things of this nature wherefore I conceive this to be only an Argument for Caution My conclusion is that albeit I never esteemed any Authority equal to the Scriptures yet I do think the Unanimous Consent of the Fathers and the Universal Practice of the Primitive Church to be the best and most Authentical Interpreters of God's Word and consequently the fittest Judges between Me and you when we differ until you shall find Me better For example I think you for the present the best Preacher in Newcastle yet I believe you may err and possibly a better Preacher may come but till then I must retain my Opinion Newcastle July 16. 1646. C. R. His MAJESTY's Quaere concerning Easter propounded to the Parliaments Commissioners at Holdenby April 23. 1647. I desire to be resolved of this Question Why the new Reformers discharge the keeping of Easter The Reason for this Quaere is I Conceive the Celebration of this Feast was instituted by the same Authority which changed the Jewish Sabbath into the Lord's Day or Sunday for it will not be found in Scripture where Saturday is discharged to be kept or turned into the Sunday wherefore it must be the Churches Authority that changed the one and instituted the other Therefore My Opinion is that those who will not keep this Feast may as well return to the observation of Saturday and refuse the weekly Sunday When any body can shew Me that herein I am in an errour I shall not be ashamed to confess and amend it till when you know my mind C. R. His MAJESTY's First Paper concerning Episcopacy At the Treaty at NEWPORT October 2. 1648. CHARLES R. I Conceive that Episcopal Government is most consonant to the Word of God and of an Apostolical institution as it appears by the Scripture to have been practised by the Apostles themselves and by them committed and derived to particular persons as their Substitutes or Successors therein as for ordaining Presbyters and Deacons giving Rules concerning Christian Discipline and exercising Censures over Presbyters and others and hath ever since to these last times been exercised by Bishops in all the Churches of Christ and therefore I cannot in Conscience consent to abolish the said Government Notwithstanding this my perswasion I shall be glad to be informed if our Saviour and the Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure Which if you can make appear to Me then I will confess that one of my great Scruples is clean taken away And then there only remains That being by my Coronation-Oath obliged to maintain Episcopal Government as I found it setled to my hands Whether I may consent to the abolishing thereof until the same shall be evidenced to Me to be contrary to the Word of God Newport October 2. 1648. PRAYERS Used by His MAJESTY in the time of His Troubles and Restraint I. A Prayer used by His MAJESTY at His entrance in state into the Cathedral Church of Excester after the defeat of the Earl of Essex in Cornwal O Most glorious Lord God Father Son and Holy Ghost I here humbly adore thy most Sacred Majesty and I bless and magnifie thy Name for that Thou hast been pleased so often and so strangely to deliver Me from the strivings of my People Father forgive them who have thus risen up against Me and do Thou yet turn their hearts both unto Thee and to Me that I being firmly established in the Throne Thou hast placed Me in I may defend Thy Church committed to My care and keep all this Thine and My People in Truth and Peace through Jesus Christ our Lord. Amen II. A Prayer drawn by His MAJESTY's special direction and dictates for a Blessing on the Treaty at Uxbridge O Most merciful Father Lord God of Peace and Truth we a People sorely afflicted by the scourge of an unnatural War do here earnestly beseech Thee to command a Blessing from Heaven upon this present Treaty begun for the establishment of an happy Peace Soften the most obdurate hearts with a true Christian desire of saving those mens blood for whom Christ himself
though my Sins are so many and grievous that I may rather expect the effects of thy Anger than so great a deliverance as to free Me from my present great Danger yet O Lord since thy Mercies are over all thy Works and Thou never failest to relieve all those who with humble and unfeigned Repentance come to Thee for succour it were to multiply not diminish my Transgressions to despair of thy heavenly favour wherefore I humbly desire thy Divine Majesty that Thou wilt not only pardon all my Sins but also free Me out of the hands and protect Me from the Malice of my cruel Enemies But if thy wrath against my hainous offences will not otherwise be satisfied than by suffering Me to fall under my present Afflictions thy Will be done yet with humble importunity I do and shall never leave to implore the assistance of thy Heavenly Spirit that My Cause as I am Thy Vicegerent may not suffer through My weakness or want of Courage O Lord so strengthen and enlighten all the Faculties of my Mind that with clearness I may shew forth thy Truth and manfully endure this bloody Trial that so my Sufferings here may not only glorifie Thee but likewise be a furtherance to My Salvation hereafter Grant this O merciful Father for His sake who suffered for Me even Jesus Christ the Righteous Amen KING CHARLES HIS MESSAGES FOR PEACE I. From CANTERBURY Jan. 20. MDCXLI II. For the Composing of all Differences HIS Majesty perceiving the manifold distractions which are now in this Kingdom which cannot but bring great inconveniencies and mischief to this whole Government in which as His Majesty is most chiefly interessed so He holds Himself by many reasons most obliged to do what in Him lies for the preventing thereof though He might justly expect as most proper for the duty of Subjects that Propositions for the remedies of these evils ought rather to come to Him than from Him yet His Fatherly care of all His People being such that He will rather lay by any particular respect of His Own Dignity than that any time should be lost for prevention of these threatning evils which cannot admit the delays of the ordinary proceedings in Parliament doth think fit to make this ensuing Proposition to both Houses of Parliament that they will with all speed fall into a serious consideration of all those particulars which they shall hold necessary as well for the upholding and maintaining of His Majesty's Just and Regal Authority and for the setling of His Revenue as for the present and future establishment of their Priviledges the free and quiet enjoying of their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England and the setling of Ceremonies in such a manner as may take away all just offence Which when they shall have digested and composed into one intire body that so His Majesty and themselves may be able to make the more clear Judgment of them it shall then appear by what His Majesty shall do how far he hath been from intending or designing any of those things which the too great Fears and Jealousies of some persons seem to apprehend and how ready He will be to equal and exceed the greatest examples of the most indulgent Princes in their Acts of Grace and Favour to their People So that if all the present Distractions which so apparently threaten the Ruine of this Kingdom do not by the blessing of Almighty God end in an happy and blessed Accommodation His Majesty will then be ready to call Heaven and Earth God and Man to witness that it hath not failed on His part From HUNTINGDON March 15. Upon His Removal to YORK In pursuance of the Former HIS Majesty being now on His remove to His City of York where He intends to make His Residence for some time thinks fit to send this Message to both Houses of Parliament That he doth very earnestly desire that they will use all possible industry in expediting the business of Ireland in which they shall find so chearful a concurrence by His Majesty that no inconvenience shall happen to that service by His absence He having all that Passion for the reducing of that Kingdom which He hath expressed in His former Messages and being unable by words to manifest more affection to it than He hath endeavoured to do by those Messages having likewise done all such Acts as he hath been moved unto by His Parliament therefore if the misfortunes and calamities of His poor Protestant Subjects shall grow upon them though His Majesty shall be deeply concerned in and sensible of their sufferings He shall wash His hands before all the World from the least imputation of slackness in that most necessary and pious work And that His Majesty may leave no way unattempted which may beget a good understanding between Him and His Parliament He thinks it necessary to declare That as He hath been so tender of the Priviledges of Parliament that He hath been ready and forward to retract any Act of His own which He hath been informed hath trencht upon their Priviledges so He expects an equal tenderness in them of His Majesty 's known and unquestionable Priviledges which are the Priviledges of the Kingdom amongst which He is assured it is a Fundamental one That His Subjects cannot be obliged to obey any Act Order or Injunction to which His Majesty hath not given His consent And therefore He thinks it necessary to publish That He expects and hereby requires Obedience from all His loving Subjects to the Laws established and that they presume not upon any pretence of Order or Ordinance to which His Majesty is no party concerning the Militia or any other thing to do or execute what is not warranted by those Laws His Majesty being resolved to keep the Laws Himself and to require Obedience to them from all His Subjects And His Majesty once more recommends to His Parliament the substance of His Message of the twentieth of January last that they compose and digest with all speed such Acts as they shall think fit for the present and future establishment of their Priviledges the free and quiet enjoying their Estates and Fortunes the Liberties of their Persons the security of the true Religion now professed in the Church of England the maintaining His Majesties Regal and Just Authority and setling His Revenue His Majesty being most desirous to take all fitting and just wayes which may beget a happy understanding between Him and His Parliament in which He conceives His greatest Power and Riches do consist III. From NOTTINGHAM Aug. 25. MDCXLII When He set up His Standard By the Earls of Southampton and Dorset Sir John Culpepper Knight Chancellour of the Exchequer and Sir W. Wedale Knight WE have with unspeakable grief of heart long beheld the distractions of this our Kingdom Our very Soul is full of anguish until We may find some remedy to
the eleventh of this month by which they will have understood the reasons which enforced Him to go from thence as likewise His constant endeavours for the setling of a safe and well-grounded Peace wheresoever He should be And being now in a place where He conceives Himself to be at much more Freedom and Security than formerly He thinks it necessary not only for making good of His Own professions but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms at this time to offer such grounds to His two Houses for that effect which upon due examination of all Interests may best conduce thereunto And because Religion is the best and chiefest foundation of Peace His Majesty will begin with that particular That for the abolishing Archbishops Bishops c. His Majesty clearly professeth that He cannot give His Consent thereunto both in relation as He is a Christian and a King For the first He avows that He is satisfied in His Judgment that this Order was placed in the Church by the Apostles themselves and ever since their time hath continued in all Christian Churches throughout the world until this last Century of years and in this Church in all times of Change and Reformation it hath been upheld by the wisdom of His Ancestors as the great preserver of Doctrine Discipline and Order in the service of God As a King at His Coronation He hath not only taken a solemn Oath to maintain this Order but His Majesty and His Predecessours in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of the Subjects And yet He is willing it be provided that the particular Bishops perform the several duties of their Callings both by their personal Residence and frequent Preachings in their Dioceses as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters and will consent that their powers in all things be so limited that they be not grievous to tender Consciences Wherefore since His Majesty is willing to give ease to the Consciences of others He sees no reason why He alone and those of His Judgment should be pressed to a violation of theirs Nor can His Majesty consent to the alienation of Church-Lands because it cannot be denied to be a sin of the highest Sacrilege as also that it subverts the intentions of so many pious Donors who have laid a heavy Curse upon all such profane violations which His Majesty is very unwilling to undergo And besides the matter of Conscience His Majesty believes it to be a prejudice to the publick good many of His Subjects having the benefit of renewing Leases at much easier Rates than if those possessions were in the hands of private men not omitting the discouragement which it will be to all Learning and industry when such eminent rewards shall be taken away which now lye open to the Children of meanest persons Yet His Majesty considering the great present distempers concerning Church-discipline and that the Presbyterian Government is now in practice His Majesty to eschew Confusion as much as may be and for the satisfaction of His two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that His Majesty and those of His Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with the Presbyterian Government but have free practice of their own profession without receiving any prejudice thereby and that a free Consultation and Debate be had with the Divines at Westminster twenty of His Majesties nomination being added unto them whereby it may be determined by His Majesty and the two Houses how the Church-government after the said time shall be setled or sooner if differences may be agreed as is most agreeable to the Word of God with full liberty to all those who shall differ upon Conscientious grounds from that settlement Always provided that nothing aforesaid be understood to tolerate those of the Romish profession nor exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this have acknowledged so to be His Majesty cannot so much wrong that trust which the Laws of God and this Land have annexed to the Crown for the protection and security of His People as to devest Himself and Successors of the power of the Sword Yet to give an infallible evidence of His desire to secure the performance of such agreements as shall be made in order to a Peace His Majesty will consent to an Act of Parliament that the whole power of the Militia both by Sea and Land for and during His whole Reign shall be ordered and disposed by His two Houses of Parliament or by such persons as they shall appoint with powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign invasions and that they shall have power during His said Reign to raise Monies for the purposes aforesaid and that neither His Majesty that now is or any other by any Authority derived only from Him shall execute any of the said powers during His Majesties said Reign but such as shall act by the consent and Approbation of the two Houses of Parliament Nevertheless His Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after His Majesties Reign all the power of the Militia shall return entirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of His People His Majesty is willing to concur in any thing that can be done without the violation of His Conscience and Honour Wherefore if His two Houses shall consent to remit unto Him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of His own Revenue as His two Houses shall not have received before the concluding of the Peace His Majesty will undertake within the space of eighteen months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient His Majesty intends to
upon Tweed already raised both for Sea and Land service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said spaceof ten years think fit to appoint and that neither the King His Heirs or Successors or any other but such as shall Act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the powers aforesaid That Monies be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without authority and consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Barwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission power deputation or authority to be derived from the King His Heirs or Successors or any of them shall without the consent of the said Lords and Commons raise arm train discipline imploy order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said powers or authorities herein before-mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said powers or authorities or any of them without the consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary legal power of Officers of Justice not being Military Officers as is set down in your Propositions and with a Declaration That if any persons shall be gathered and assembled together in a warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of high Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall so offend herein to be uncapable of any pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imploying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the War against their Wills but in case of coming in of strange Enemies into this Kingdom And that the powers above-mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garrisons and the keeping up maintaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without authority and consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tunnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the premisses be made and acted in His Majesties name by Warrant signified by the Lords and Commons or such others as they shall authorize for that purpose If it shall be more satisfactory to His two Houses to have the Militia and powers thereupon depending during the whole time of His Majesty's Reign rather than for the space of ten years His Majesty gives them the election Touching Ireland His Majesty having in the two preceding Propositions given His consent concerning the Church and the Militia there in all things as in England as to all other matters relating to that Kingdom after advice with His two Houses He will leave it to their determination and give His consent accordingly as is herein hereafter expressed Touching publick Debts His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations for the payment and satisfying the Arrears of the Army publick Debts and engagements of the Kingdom as shall be agreed on by both Houses of Parliament and shall be audited and ascertained by them or such persons as they shall appoint within the space of twelve Months after the passing of an Act for the same His Majesty will consent to an Act that during the said space of ten years the Lord Chancellour or Lord Keeper Commissioners of the Great Seal or Treasury Lord Warden of the Cinque-ports Chancellour of the Exchequer and Dutchy Secretaries of State Master of the Rolls Judges of both Benches and Barons of the Exchequer of England be nominated by both Houses of the Parliament of England to continue quam diu se bene gesserint and in the intervals of Parliament by such others as they shall authorize for that purpose His Majesty will consent that the Militia of the City of London and Liberties thereof during the space of ten years may be in the ordering and Government of the Lord Mayor Aldermen and Commons in the Common Council assembled or such as they shall from time to
time appoint whereof the Lord Mayor and Sheriffs for the time being to be three to be imployed and directed from time to time during the said space of ten years in such manner as shall be agreed upon and appointed by both Houses of Parliament and that no Citizen of the City of London nor any of the Officers of the said City shall be drawn forth or compelled to go out of the said City or Liberties thereof for Military service without their own free consent That an Act be passed for granting and confirming the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Mis-user or Abuser And that during the said ten years the Tower of London may be in the government of the City of London and the Chief Officer and Governour from time to time during the said space to be nominated and removeable by the Common Council as are desired in your Propositions His Majesty having thus far expressed His consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them touching your four first Propositions and other the particulars before specified as to all the rest of your Propositions delivered to Him at Hampton-Court not referring to those heads and to that of the Court of Wards since delivered as also to the remaining Propositions concerning Ireland His Majesty desires only when He shall come to Westminster personally to advise with His two Houses and to deliver His Opinion and the reasons of it which being done He will leave the whole matter of those remaining Propositions to the determination of His two Houses which shall prevail with Him for His consent accordingly And His Majesty doth for His Own particular only propose that He may have liberty to repair forthwith to Westminster and be restored to a condition of absolute Freedom and Safety a thing which He shall never deny to any of His Subjects and to the possession of His Lands and Revenues and that an Act of Oblivion and Indemnity may pass to extend to all persons for all matters relating to the late unhappy Differences which being agreed by His two Houses of Parliament His Majesty will be ready to make these His Concessions binding by giving them the Force of Laws by His Royal assent HIS MAJESTIES DECLARATIONS I. His MAJESTIES DECLARATION After the Votes of no further Address Carisbrook Jan. 18. MDCXLVII To all My People of whatsoever Nation Quality or Condition AM I thus laid aside and must I not speak for My self No I will speak and that to all My People which I would have rather done by the way of My two Houses of Parliament but that there is a publick Order neither to make Addresses to or receive Messages from Me. And who but you can be judge of the differences betwixt Me and My two Houses I know none else for I am sure you it is who will enjoy the Happiness or feel the Misery of good or ill Government and we all pretend who should run fastest to serve you without having a regard at least in the first place to particular Interests And therefore I desire you to consider the state I am and have been in this long time and whether My Actions have more tended to the Publick or My own particular good For whosoever will look upon Me barely as I am a Man without that liberty which the meanest of My Subjects enjoys of going whither and conversing with whom I will as a Husband and Father without the comfort of My Wife and Children or lastly as a King without the least shew of Authority or Power to protect My distressed Subjects must conclude Me not onely void of all Natural Affection but also to want common understanding if I should not most cheerfully embrace the readiest way to the settlement of these distracted Kingdoms As also on the other side do but consider the form and draught of the Bills lately presented unto Me and as they are the Conditions of a Treaty ye will conclude that the same Spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace hath had a powerful influence on this Message For though I was ready to grant the substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding My Conscience and Honour and betraying the Trust reposed in Me by abandoning My People to the Arbitrary and Unlimited Power of the two Houses for ever for the levying and maintaining of Land or Sea Forces without distinction of quality or limitation for Money-Taxes And if I could have passed them in terms how unheard-of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter How ineffectual were that Debate like to prove wherein the most potent Party had nothing of moment left to ask and the other nothing more to give so consequently how hopeless of mutual compliance without which a settlement is impossible Besides if after My Concessions the two Houses should insist on those things from which I cannot depart how desperate would the condition of these Kingdoms be when the most proper and approved remedy should become ineffectual Being therefore fully resolved that I could neither in Conscience Honour or Prudence pass those four Bills I onely endeavoured to make the Reasons and Justice of my Denial appear to all the World as they do to me intending to give as little dis-satisfaction to the two Houses of Parliament without betraying My own Cause as the matter would bear I was desirous to give My Answer of the 28 th of December last to the Commissioners sealed as I had done others heretofore and sometimes at the desire of the Commissioners chiefly because when My Messages or Answers were publickly known before they were read in the Houses prejudicial interpretations were forced on them much differing and sometimes contrary to My meaning For example My Answer from Hampton-Court was accused of dividing the two Nations because I promised to give satisfaction to the Scots in all things concerning that Kingdom And this last suffers in a contrary sense by making Me intend to interest Scotland in the Laws of this Kingdom than which nothing was nor is further from my thoughts because I took notice of the Scots Commissioners protesting against the Bills and Propositions as contrary to the Interests and Engagements of the two Kingdomes Indeed if I had not mentioned their dissent an Objection not without some probability might have been made against Me both in respect the Scots are much concern'd in the Bill for the Militia and in several other Propositions and My silence might with some Justice have seemed to approve of it But the Commissioners refusing to receive My Answer sealed I upon the engagement of their and the Governor's Honour that no other use should be made or notice taken of it than as if it had
it was part of my wonder that men whom I thought heretofore discreet and moderate should have undertaken this imployment and that since they came I having delivered them the Answer you have heard and commanded them to return personally with it to the Parliament they should have flatly disobeyed Me upon pretence of the Parliament's Command My end in telling you this is to warn you of them for since these men have brought me such a Message and disobeyed so lawful a Command I will not say what their intent of staying here is Only I bid you take heed not knowing what Doctrine of Disobedience they may preach to you under colour of obeying the Parliament Hitherto I have found and kept you quiet the enjoying of which was a chief cause of My coming hither Tumults and Disorders having made Me leave the South and not to make this a seat of War as Malice would but I hope in vain make you believe Now if Disturbances come I know whom I have reason to suspect To be short You see that my Magazine is going to be taken from me being my Own proper Goods directly against my will the Militia against Law and my Consent is going to be put in execution and lastly Sir Hotham's Treason is countenanced All this considered none can blame me to apprehend Dangers Therefore I have thought fit upon these real grounds to tell you that I am resolved to have a Guard the Parliament having had one all this while upon imaginary Jealousies only to secure my Person In which I desire your concurrence and assistance and that I may be able to protect you the Laws and the true Protestant Profession from any affront or injury that may be offered which I mean to maintain my self without charge to the Countrey intending not longer to keep them on foot than I shall be secured of my just apprehensions by having satisfaction in the particulars before mentioned XLI To the Inhabitants of Nottinghamshire at NEWARK July 4. MDCXLII GEntlemen Your honest Resolutions and Affections to Me and your Country for the defence of My Person and the Laws of the Land have been and are so notable that they have drawn Me hither only to thank you I go to other places to confirm and undeceive my Subjects but am come hither only to thank and incourage you You have made the best judgment of happiness by relying on that Foundation which the experience of so many hundred years hath given such proof of The Assurance and Security of the Law And assure your selves when Laws shall be altered by any other Authority than that by which they were made your Foundations are destroyed and though it seems at first but to take away my Power it will quickly swallow all your Interest I ask nothing of you though your demeanure gives Me good evidence that you are not willing to deny but to preserve your own affections to the Religion and Laws established I will justifie and protect those affections and will live and die with you in that quarrel XLII To the Inhabitants of Lincolnshire at LINCOLN July 15. MDCXLII GEntlemen If I could have suspected your Affections or have censured the Duty of this County by some late Actions in it I should not have taken this pains to have given you a testimony of my Affection to you and to remove those Objections which being raised by a Malignant party may by their cunning and industry get credit even with honest minds The truth is I come to you to assure you of My purposes and Resolutions for the defence of whatever is and should be dear unto you your Religion your Liberty your common Interest and the Laws of the Land and to undeceive you of that opinion which I hear hath mis-led many of you that the pretended Ordinance of the Militia is warranted by my Consent and Authority As I have already informed you by my several Declarations and Messages that the same is against the known Law and an invasion of my unquestionable Right and of your Liberty and Property so I do now declare unto you that the same is imposed upon you against my express Consent and in contempt of my Regal Authority And therefore whosoever shall henceforth presume to execute or obey the same I shall proceed against them as against such who promote Rebellion and actually levy War against Me. And I doubt not but you will sadly consider that if any Authority without and against my Consent may lawfully impose such burthens upon you it may likewise take away all that you have from you and subject you to their lawless Arbitrary Power and Government And how far they are like to exercise that jurisdiction towards you you may guess by the insolence of Sir John Hotham at Hull who being a Subject not only presumes to keep his Sovereign by force of Arms out of His Town but murthers his fellow-Subjects imprisons them burns their houses drowns their land takes them captive and commits such Outrages and acts of Hostility as the most unequal and outragious Enemies practise in any Country That you may see how impossible it is for your Liberties and Properties to be preserved when your King is oppressed and His just Rights taken from Him Who hath brought these Calamities upon your Neighbours at Hull every man sees and they only can bring the same upon you I will not believe you to be so insensible of the benefits you have received from Me that I need put you in mind of the Gracious Acts passed by Me this Parliament on your behalfs And if there be any thing wanting to the making you the happiest Subjects in the world I am sure it is not My fault that you have not that too Be not deceived with words and general expressions It is not in your power to name one particular which might make you happy that I have refused to grant Be not frighted with apprehensions that this Country is like to be the seat of War The seat of a War will be only where persons rise in Rebellion against Me that will not I hope be here and then you shall be sure of My Protection I will live and dye in your defence And that you may be in a readiness and a posture to defend your selves and Me against any Invasion or Rebellion I have armed several Persons of Honor Quality and Reputation amongst you and of your own Country with a Commission of Array to that purpose There is no honest end declared in that Ordinance which is not provided for by this Commission which being according to the old known Law is fit for your obedience and I doubt not but you will find it In a word I assure you upon the Faith and Honor of a Christian King I will be always as tender of any thing which may advance the true Protestant Religion protect and preserve the Laws of the Land and defend the just Privilege and Freedom of Parliament as of My Life or
hither I do stand more for the Liberty of My People than any here that come to be My pretended Judges and therefore let Me know by what lawful Authority I am seated here and I will answer it otherwise I will not answer it Bradshaw Sir how really you have managed your Trust is known your way of Answer is to interrogate the Court which beseems not you in this Condition You have been told of it twice or thrice KING Here is a Gentleman Lieutenant Colonel Cobbet ask him if he did not bring Me from the Isle of Wight by force I do not come here as submitting to the Court. I will stand as much for the Privilege of the House of Commons rightly understood as any man here whatsoever I see no House of Lords here that may constitute a Parliament and the King too should have been Is this the bringing of the King to His Parliament Is this the bringing an end to the Treaty in the Publick Faith of the World Let Me see a Legal Authority warranted by the Word of God the Scriptures or warranted by the Constitutions of the Kingdom and I will answer Bradshaw Sir you have propounded a Question and have been answered Seeing you will not answer the Court will consider how to proceed In the mean time those that brought you hither are to take charge of you back again The Court desires to know whether this be all the Answer you will give or no. KING Sir I desire that you would give Me and all the World satisfaction in this Let Me tell you It is not a slight thing you are about I am sworn to keep the Peace by that Duty I owe to God and My Countrey and I will do it to the last breath of My body And therefore you shall do well to satisfie first God and then the Country by what Authority you do it If you do it by an usurped Authority you cannot answer it There is a God in Heaven that will call you and all that give you Power to account Satisfie Me in that and I will answer otherwise I betray My Trust and the Liberties of the People and therefore think of that and then I shall be willing For I do avow That it is as great a Sin to withstand Lawful Authority as it is to submit to a Tyrannical or any otherways unlawful Authority And therefore satisfie God and Me and all the World in that and you shall receive My Answer I am not afraid of the Bill Bradshaw The Court expects you should give them a final Answer Their purpose is to adjourn till Monday next If you do not satisfie your self though we do tell you our Authority we are satisfied with our Authority and it is upon God's Authority and the Kingdoms and that Peace you speak of will be kept in the doing of Justice and that 's our present Work KING For Answer let Me tell you you have shewn no Lawful Authority to satisfie any reasonable man Bradshaw That 's in your apprehension we are satisfied that are your Judges KING 'T is not My apprehension nor yours neither that ought to decide it Bradshaw The Court hath heard you and you are to be disposed of as they have commanded So commanding the Guard to take Him away His Majesty only replied Well Sir And at His going down pointing with His Staff toward the Ax He said I do not fear that As He went down the stairs the People in the Hall cried out God save the King notwithstanding some were there set by the Faction to lead the clamour for Justice O yes being called they adjourn Westminster-Hall Monday Jan. 22. Afternoon SVnday being spent in Fasting and Preaching according to their manner of making Religion a pretence and prologue to their Villanies on Monday afternoon they came again into the Hall and after Silence commanded called over their Court where Seventy persons being present answered to their Names His Majesty being brought in the People gave a shout Command given to the Captain of their Guard to fetch and take into his custody those who make any Disturbance Then their Solicitor Cook began May it please your Lordship my Lord President I did at the last Court in the behalf of the Commons of England exhibite and give into this Court a Charge of High Treason and other high Crimes against the Prisoner at the Bar whereof I do accuse him in the name of the People of England and the Charge was read unto him and his Answer required My Lord he was not then pleased to give an Answer but in stead of answering did there dispute the Authority of this High Court My humble motion to this High Court in behalf of the Kingdom of England is That the Prisoner may be directed to make a Positive Answer either by way of Confession or Negation which if he shall refuse to do that the matter of Charge may be taken pro confesso and the Court may proceed according to Justice Bradshaw Sir you may remember at the last Court you were told the occasion of your being brought hither and you heard a Charge read against you containing a Charge of High Treason and other high Crimes against this Realm of England you heard likewise that it was prayed in the behalf of the People that you should give an Answer to that Charge that thereupon such proceedings might be had as should be agreeable to Justice you were then pleased to make some scruples concerning the Authority of this Court and knew not by what Authority you were brought hither you did divers time propound your Questions and were as often answer'd That it was by the Authority of the Commons of England assembled in Parliament that did think fit to call you to account for those high and capital Misdemeanours wherewith you were then charged Since that the Court hath taken into consideration what you then said they are fully satisfied with their own Authority and they hold it fit you should stand satisfied with it too and they do require it that you do give a positive and particular Answer to this Charge that is exhibited against you They do expect you should either confess or deny it If you deny it is offered in the behalf of the Kingdom to be made good against you Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied in and you are to rest satisfied with it and therefore you are to lose no more time but to give a positive Answer thereunto KING When I was here last 't is very true I made that Question and if it were only My own particular Case I would have satisfied My self with the Protestation I made the last time I was here against the Legality of this Court and that a King cannot be tried by any superior Jurisdiction on Earth But it is not My Case alone it is the Freedom and the Liberty of the People of England and do you pretend what
concerned But the Duty I owe to God in the preservation of the true Liberty of My People will not suffer Me at this time to be silent For how can any free-born Subject of England call Life or any thing he possesseth his own if Power without Right daily make new and abrogate the old Fundamental Law of the Land which I now take to be the present Case Wherefore when I came hither I expected that you would have endeavoured to have satisfied Me concerning these grounds which hinder Me to answer to your pretended Impeachment But since I see that nothing I can say will move you to it though Negatives are not so naturally proved as Affirmatives yet I will shew you the Reason why I am confident you cannot Judge Me nor indeed the meanest man in England For I will not like you without shewing a Reason seek to impose a belief upon My Subjects There is no proceeding just against any man but what is warranted either by God's Laws or the Municipal Laws of the Countrey where he lives Now I am most confident this dayes proceeding cannot be warranted by God's Law for on the contrary the authority of Obedience unto Kings is clearly warranted and strictly commanded both in the Old and new Testament which if denyed I am ready instantly to prove And for the question now in hand there it is said That where the Word of a King is there is Power and who may say unto him What dost thou Eccl. 8. 4. Then for the Law of this Land I am no less confident that no learned Lawyer will affirm that an Impeachment can lye against the King they all going in His Name and one of their Maxims is That the King can do no wrong Besides the Law upon which you ground your proceedings must either be old or new if old shew it if new tell what Authority warranted by the Fundamental Laws of the Land hath made it and when But how the House of Commons can erect a Court of Judicature which was never one it self as is well known to all Lawyers I leave to God and the world to judge And it were full as strange that they should pretend to make Laws without King or Lords House to any that have heard speak of the Laws of England And admitting but not granting that the People of England's Commission could grant your pretended Power I see nothing you can shew for that for certainly you never asked the question of the tenth man in the Kingdom and in this way you manifestly wrong even the poorest Plough-man if you demand not his free consent nor can you pretend any colour for this your pretended Commission without the consent at least of the major part of every man in England of whatsoever quality or condition which I am sure you never went about to seek so far are you from having it Thus you see that I speak not for My own Right alone as I am your King but also for the true Liberty of all My Subjects which consists not in the power of Government but in living under such Laws such a Government as may give themselves the best assurance of their Lives and propriety of their Goods Nor in this must or do I forget the Privileges of both Houses of Parliament which this days Proceedings do not only violate but likewise occasion the greatest breach of their publick Faith that I believe ever was heard of with which I am far from charging the two Houses for all pretended Crimes laid against Me bear Date long before this late Treaty at Newport in which I having concluded as much as in Me lay and hopefully expecting the Houses agreement thereunto I was suddenly surprized and hurried from thence as a Prisoner upon which account I am against My will brought hither where since I am come I cannot but to My power defend the ancient Laws and Liberties of this Kingdom together with My own just Right Then for any thing I can see the Higher House is totally excluded And for the House of Commons it is too well known that the major part of them are detained or deterred from sitting so as if I had no other this were sufficient for Me to protest against the Lawfulness of your pretended Court. Besides all this the Peace of the Kingdom is not the least in My thoughts and what hopes of Settlement is there so long as Power reigns without Rule or Law changing the whole frame of that Government under which this Kingdom hath flourished for many hundred years nor will I say what will fall out in case this Lawless unjust proceeding against Me do go on And believe it the Commons of England will not thank you for this Change for they will remember how happy they have been of late years under the Reign of Queen Elizabeth the King My Father and My self until the beginning of these unhappy Troubles and will have cause to doubt that they shall never be so happy under any new And by this time it will be too sensibly evident that the Arms I took up were only to defend the Fundamental Laws of this Kingdom against those who have supposed My Power hath totally changed the ancient Government Thus having shewed you briefly the Reasons why I cannot submit to your pretended Authority without violating the Trust which I have from God for the Welfare and Liberty of My People I expect from you either clear Reasons to convince My Judgment shewing Me that I am in an Error and then truly I will answer or that you will withdraw your proceedings This I intended to speak in Westminster-Hall on Monday 22. January but against Reason was hindred to shew My Reasons Westminster-Hall Tuesday Jan. 23. Afternoon O Yes made Silence commanded The Court called Seventy one present The King brought in by the Guard looks with a Majestick Countenance upon his pretended Judges and sits down After the second O yes and Silence commanded Cooke began more insolently May it please your Lordship my Lord President this is now the third time that by the great grace and favour of this High Court the Prisoner hath been brought to the Bar before any Issue joyned in the Cause My Lord I did at the first Court exhibite a Charge against him containing the Highest Treason that ever was wrought upon the Theatre of England That a King of England trusted to keep the Law that had taken an Oath so to do that had Tribute pay'd him for that end should be guilty of a wicked Design to subvert and destroy our Laws and introduce an Arbitrary and Tyrannical Government in the defence of the Parliament and their Authority set up his Standard for War against the Parliament and People and I did humbly pray in the behalf of the People of England that he might speedily be required to make an Answer to the Charge But My Lord in stead of making any Answer he did then dispute the Authority of this High
used that Power Iustly which unjustly he did Usurp Place this P. 241. The most high ruleth in the Kingdome of Men and giueth it to Whoâ—sâ—ever he will and setteth up over it the Basest of men Dan 4. v. 17. Ph. Fruitiers deliâ— Iac. Neeâ—â—s sculp 〈◊〉 DECLARATIONS AND PAPERS Concerning the Difference betwixt His MAJESTY AND HIS Fifth Parliament MDCXLI Decemb. 1. The House of Commons PETITION and Remonstrance of the state of the Kingdom with his Majesties Answers The PETITION of the House of Commons which accompanied the Declaration of the state of the Kingdom when it was presented to His MAJESTY at Hampton-Court Most Gracious Sovereign YOUR Majesties most humble and faithful Subjects the Commoners in this present Parliament assembled do with much thankfulness and joy acknowledge the great mercy and favour of God in giving Your Majesty a safe and peaceable return out of Scotland into Your Kingdom of England where the pressing Dangers and Distempers of the State have caused us with much earnestness to desire the comfort of Your gracious presence and likewise the Unity and Justice of your Royal Authority to give more life and power to the dutiful and loyal Counsels and Endeavours of Your Parliament for the prevention of that imminent Ruine and Destruction wherein Your Kingdoms of England and Scotland are threatned The duty which we owe to Your Majesty and our Country cannot but make us very sensible and apprehensive that the multiplicity sharpness and malignity of those evils under which we have now many years suffered are fomented and cherished by a corrupt and ill-affected party who amongst other their mischievous devices for the alteration of Religion and Government have sought by many false scandals and imputations cunningly insinuated and dispersed among the People to blemish and disgrace our proceedings in this Parliament and to get themselves a party and faction amongst Your Subjects for the better strengthening of themselves in their wicked courses and hindering those provisions and remedies which might by the Wisdom of Your Majesty and Counsel of Your Parliament be opposed against them For preventing whereof and the better information of Your Majesty Your Peers and all other Your loyal Subjects we have been necessitated to make a Declaration of the state of the Kingdom both before and since the Assembly of this Parliament unto this time which we do humbly present to Your Majesty without the least intention to lay any blemish upon Your Royal Person but only to represent how Your Royal Authority and trust have been abused to the great prejudice and danger of Your Majesty and of all Your good Subjects And because we have reason to believe that those malignant parties whose proceedings evidently appear to be mainly for the advantage and increase of Popery are composed set up and acted by the subtile practice of the Jesuites and other Engineers and Factors for Rome and to the great danger of this Kingdom and most grievous affliction of Your loyal Subjects have so far prevailed as to corrupt divers of Your Bishops and others in prime places of the Church and also to bring divers of these Instruments to be of Your Privy Council and other employments of trust and nearness about your Majesty the Prince and the rest of Your Royal Children And by this means have had such an operation in Your Council and the most important affairs and proceedings of Your Government that a most dangerous division and chargeable preparation for War betwixt your Kingdoms of England and Scotland the increase of Jealousies betwixt Your Majesty and Your most obedient Subjects the violent distraction and interruption of this Parliament the Insurrection of the Papists in Your Kingdom of Ireland and bloody Massacre of Your People have been not only endeavoured and attempted but in a great measure compassed and effected For preventing the final accomplishment hereof Your poor Subjects are enforced to ingage their Persons and Estates to the maintaining of a very expenceful and dangerous War notwithstanding they have already since the beginning of this Parliament undergone the charge of 150000. pounds sterling or thereabouts for the necessary support and supply of Your Majesty in these present and perillous Designs And because all our most faithful endeavours and engagements will be ineffectual for the peace safety and preservation of Your Majesty and Your People if some present real and effectual course be not taken for suppressing this wicked and malignant party We Your most humble and obedient Subjects do with all faithfulness and humility beseech Your Majesty 1. That You will be graciously pleased to concurre with the humble desires of Your People in a Parliamentary way for the preserving the peace and safety of the Kingdom from the malicious designs of the Popish party For depriving the Bishops of their Votes in Parliament and abridging their immoderate power usurped over the Clergy and other Your good Subjects which they have most perniciously abused to the hazard of Religion and great prejudice and oppression of the Laws of the Kingdom and just Liberty of Your People For the taking away such oppressions in Religion Church-Government and Discipline as have been brought in and fomented by them For uniting all such Your loyal Subjects together as joyn in the same Fundamental Truths against the Papists by removing some oppressions and unnecessary Ceremonies by which divers weak Consciences have been scrupled and seem to be divided from the rest For the due execution of those good Laws which have been made for securing the Liberty of Your Subjects 2. That Your Majesty will likewise be pleased to remove from Your Council all such as persist to favour and promote any of those Pressures and Corruptions wherewith Your People have been grieved and that for the future Your Majesty will vouchsafe to employ such persons in Your great and publick Affairs and to take such to be near You in places of trust as Your Parliament may have cause to confide in that in Your Princely Goodness to Your People You will reject and refuse all mediation and solicitation to the contrary how powerful and near soever 3. That You will be pleased to forbear to alienate any of the forfeited and escheated Lands in Ireland which shall accrue to Your Crown by reason of this Rebellion that out of them the Crown may be the better supported and some satisfaction made to Your Subjects of this Kingdom for the great expences they are like to undergo this War Which humble desires of ours being graciously fulfilled by Your Majesty we will by the blessing and favour of God most chearfully undergo the hazard and expences of this War and apply our selves to such other courses and counsels as may support Your Royal Estate with Honour and Plenty at home with Power and Reputation abroad and by our Loyal Affections Obedience and Service lay a sure and lasting foundation of the Greatness and Prosperity of Your Majesty and Your Royal Posterity in future times A REMONSTRANCE
Five Members of the House of Commons in such manner that future Parliaments may be secured from the consequence of that evil Precedent XIX That Your Majesty will be graciously pleased to pass a Bill for restraining Peers made hereafter from sitting or voting in Parliament unless they be admitted thereunto with the Consent of both Houses of Parliament And these our humble desires being granted by Your Majesty we shall forthwith apply our selves to regulate Your present Revenue in such sort as may be for Your best advantage and likewise to settle such an ordinary and constant increase of it as shall be sufficient to support Your Royal Dignity in Honour and Plenty beyond the proportion of any former grants of the Subjects of this Kingdom to Your Majesties Royal Predecessors We shall likewise put the Town of Hull into such hands as Your Majesty shall appoint with the consent and approbation of Parliament and deliver up a just account of all the Magazine and chearfully imploy the uttermost of our power and endeavour in the real expression and performance of our most dutiful and loyal Affections to the preserving and maintaining the Royal Honour Greatness and Safety of Your Majesty and Your Posterity Die Jovis 2 die Junii 1642. Ordered by the Lords in Parliament that these Propositions shall be forthwith Printed and Published Jo. Brown Cleric Parliamentorum His MAJESTIES Answer to the Nineteen Propositions of both Houses of Parliament BEfore We shall give you Our Answer to your Petition and Propositions We shall tell you that We are now clearly satisfied why the Method which We traced out to you by Our Message of the 20 th of January and have since so often pressed upon you as the proper way to compose the Distractions of this Kingdom and render it truly happy hath been hitherto declined and is at length thought fit to be looked upon We now see plainly and desire that you and all other Our good Subjects should do so too that the Cabalists of this business have with great Prudence reserved themselves until due preparations should be made for their Design If they had unseasonably vented such Propositions as the Wisdom and Modesty of your Predecessours never thought fit to offer to any of Our Progenitours nor We in honour or regard to our Regal Authority which God hath entrusted Us with for the good of Our People could receive without just indignation and such many of your present Propositions are their hopes would soon have been blasted and those Persons to whom Offices Honours Power and Commands were designed by such ill timing of their business would have failed of their expectation not without a brand upon the attempt Therefore before any of this nature should appear they have certainly with great wisdom in the conduct of it thought fit to remove a troublesome Rub in their way the Law To this end that they might undermine the very foundations of it a new Power hath been assumed to interpret and declare Laws without Us by extemporary Votes without any Case judicially before either House which is in effect the same thing as to make Laws without Us Orders and Ordinances made only by both Houses tending to a pure Arbitrary power were pressed upon the people as Laws and their obedience required to them Their next step was to erect an upstart Authority without Us in whom and only in whom the Laws of this Realm have placed that Power to command the Militia very considerable to this their Design In further order to it they have wrested from Us Our Magazin and Town of Hull and bestrid Sir John Hotham in his bold-faced Treason they have prepared and directed to the People unprecedented Invectives against Our Government thereby as much as lay in their power to weaken Our just Authority and due esteem among them they have as injuriously as presumptuously though We conceive by this time Impudence it self is ashamed of it attempted to cast upon Us aspersions of an unheard-of nature as if We had favoured a Rebellion in Our own Bowels they have likewise broached new Doctrine That We are obliged to pass all Laws that shall be offered to Vs by both Houses howsoever Our own Judgment and Conscience shall be unsatisfied with them a point of Policy as proper for their present business as destructive to all Our Rights of Parliament and so with strange shamelesness will forget a Clause in a Law still in force made in the second year of King H. 5. wherein both Houses of Parliament do acknowledge That it is of the Kings Regality to grant or deny such of their Petitions as pleaseth himself they have interpreted Our necessary Guard legally assembled for the Defence of Us and our Childrens Persons against a Traitour in open Rebellion against Us to be with intent to levie War against Our Parliament the thought whereof Our very Soul abhorreth thereby to render Us odious to Our People They have so awed Our good Subjects with Pursivants long chargeable Attendance heavy Censures and illegal Imprisonments that few of them durst offer to present their tenderness of Our Sufferings their own just Grievances and their sense of those violations of the Law the Birthright of every Subject of this Kingdom though in an humble Petition directed to both Houses and if any did it was stifled in the Birth called Sedition and burnt by the common Hangman They have restrained the Attendance of Our ordinary and necessary Houshould-servants and seized upon those small sums of Money which Our Credit hath provided to buy Us Bread with Injunctions that none shall be suffered to be conveyed or returned to Us to York or any of Our Peers or Servants with us so that in effect they have blocked Us up in that County They have filled the ears of the People with the noise of Fears and Jealousies though taken up upon trust tales of Skippers Salt-Fleets and such like by which Alarms they might prepare them to receive such impressions as might best advance this Design when it should be ripe And now it seems they think We are sufficiently prepared for these bitter Pills We are in a handsome Posture to receive these Humble Desires which probably are intended to make way for a Superfoetation of a yet higher nature if We had not made this discovery to you for they do not tell Us this is all In them We must observe that these Contrivers the better to advance their true ends disguised as much as they could their intents with a mixture of some things really to be approved by every honest man others specious and popular and some which are already granted by Us All which are cunningly twisted and mixed with those other things of their main Design of Ambition and private Interest in hope that at the first view every eye may not so clearly discern them in their proper colours We would not be understood that We intend to fix this Design upon both or either House of Parliament
from which We could never have been secured by declaring That no Member of either House upon any Accusation of Treason could have his Person seized without the Consent of that House of which he is a Member though the known Law be That Privilege of Parliament extends not to Treason and if it did any Member the House being for a short time adjourned and so their Consent not being so had how treasonable soever his Intentions were how clearly soever known and how suddenly soever to be executed must have fair leave given him to go on and pursue them no way how Legal soever after the passing such a Clause being left to prevent it To conclude We conjure you and all men to rest satisfied with the Truth of Our Professions and the Reality of Our Intentions not to ask such things as deny themselves that you declare against Tumults and punish the Authors that you allow Us Our Propriety in Our Towns Arms and Goods and Our share in the Legislative Power which would be counted in Us not only breach of Privilege but Tyranny and Subversion of Parliaments to deny to you And when you shall have given Us satisfaction upon those Persons who have taken away the one and recalled those Declarations particularly that of the 26. of May and those in the point of the Militia Our just Rights wherein We will no more part with then with Our Crown lest We enable others by them to take that from Us which would take away the other and declined the beginnings of a War against Us under pretence of Our Intention of making one against you as We have never opposed the first part of the Thirteenth Demand so We shall be ready to concurre with you in the latter And being then confident that the Credit of those men who desire a general Combustion will be so weakned with you that they will not be able to do this Kingdom any more harm We shall be willing to grant Our general Pardon with such Exceptions as shall be thought fit and shall receive much more joy in the hope of a full and constant Happiness of Our People in the True Religion and under the Protection of the Law by a blessed Union between Us and Our Parliament so much desired by Us then in any such increase of Our own Revenue how much soever beyond former Grants as when Our Subjects were wealthiest Our Parliament could have settled upon Us. His MAJESTIES Declaration made the 13 of June 1642. to the Lords attending his Majesty at York and to others of His Majesties Privy Council there Together with their Promise thereupon subscribed by them Charles R. WE do declare That We will not require nor exact any Obedience from you but what shall be warranted by the known Law of the Land as We do expect that you shall not yield to any Commands not legally grounded or imposed by any other And We do further declare That We will defend every one of you and all such as shall refuse any such Commands whether they proceed from Votes and Orders of both Houses or any other way from all dangers and hazards whatsoever And We do further declare That We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subjects of England and just Privileges of all the three Estates of Parliament and shall require no further Obedience from you then as accordingly We shall perform the same And We do declare That we will not as is falsly pretended engage you or any of you in any War against the Parliament except it be for Our necessary defence and safety against such as do insolently invade or attempt against Us or such as shall adhere to Us. York 13. Junii 1642. The Promise of the said Lords and others WE do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land We do engage our selves to defend Your MAJESTIES Person Crown and Dignity together with Your Majesties Just and Legal Prerogative against all persons and power whatsoever We will defend the true Protestant Religion established by the Law of the Land the lawful Liberties of the Subject of England and just Priviledges of Your Majesty and both Your Houses of Parliament And lastly we engage our selves not to obey any Rule Order or Ordinance whatsoever concerning any Militia that hath not the Royal Assent York 13. Junii 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford E. of Lindsey E. of Cumberland E. of Huntington E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devonshire E. of Cambridge E. of Bristol E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Newcastle E. of Dover E. of Carnarvon E. of Newport L. Mowbray and Maltravers L. Willoughby of Eresby L. Rich. L. Ch. Howard of Charleton L. Newark L. Paget L. Chandos L. Falconbridge L. Paulet L. Lovelace L. Savile L. Coventry L. Mohun L. Dunsmore L. Seymour L. Grey of Ruthen L. Capell L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancellor of the Exchequer L. Chief Justice Banks His MAJESTY's Declaration to all His loving Subjects occasioned by a false and scandalous Imputation laid upon His Majesty of an intention of Raising or Levying War against His Parliament and of having raised Force to that end Published at His Court at York the 16 day of June THough We have these last seven months met with so many several Encounters of strange and unusual Declarations under the names of both Our Houses of Parliament that we should not be amazed at any new Prodigy of that kind and though their last of the six and twentieth of May gave Us a fair warning that the Contrivers of it having spent all their stock of bitter and reproachful Language upon Us We were to expect they should now break out into some bold and disloyal Actions against Us and having by that Declaration as far as in them lies divested Us of that Preeminence and Authority which God the Law the Custom and Consent of this Nation had placed in Us and assumed it to themselves that they should likewise with expedition put forth the fruits of that supreme Power for the violating and suppressing that Power they despised an effect of which Resolution of their wild Declaration against Our Proclamation concerning the pretended Ordinance for the Militia and the punishing of the Proclaimers appears to be yet We must confess in their last Attempt We speak of the last We know they may probably since or at this present have outdone that too they have outdone what We conceive was their present intention and whosoever hears of Propositions and Orders for bringing in of Money or Plate to maintain Horse Horsemen and Arms for the preservation of the publick Peace or for the Defence of the King and both Houses of Parliament such is their Declaration or what else
they please to call it of the tenth of June will surely believe the Peace of this Kingdom to be extreamly shaken and at least the King himself to be consulted with and privy to these Propositions But We hope that when Our good Subjects shall find that this goodly pretence of the Defence of the King is but a specious bait to seduce weak and inconsiderate men into the highest Acts of Disobedience and Disloyalty against Us and of Violence and Destruction upon the Laws and Constitutions of the Kingdom they will no longer be captivated by an implicite Reverence to the name of both Houses of Parliament but will carefully examine and consider what number of persons are present and what persons are prevalent in those Consultations and how the Debates are probably managed from whence such horrid and monstrous Conclusions do result and will at least weigh the Reputation Wisdom and Affection of those who are notoriously known out of the very horrour of their Proceedings to have withdrawn themselves or by their skill and violence to be driven from them and their Counsels Whilst their Fears and Jealousies did arise or were infused into the people from Discourses of the Rebels in Ireland of Skippers at Roterdam of Forces from Denmark France or Spain how improbable and ridiculous soever that bundle of Informations appeared to all wise and knowing men it is no wonder if the easiness to deceive and the willingness to be deceived did prevail over many of Our weak Subjects to believe that the Dangers which they did not see might proceed from Causes which they did not understand But for them to declare to all the world That We intend to make War against Our Parliament whilest We sit still complaining to God Almighty of the Injury offered to Us and to the very Being of Parliaments and that We have already begun actually to levy Forces both of Horse and Foot whilest We have only in a Legal way provided a smaller Guard for the security of Our own Person so near a Rebellion at Hull than they have had without lawful Authority above these eight Months upon imaginary and impossible Dangers to impose upon Our peoples Sense as well as Understanding by telling them We are doing that which they see We are not doing and intending that they all know as much as Intentions can be known We are not intending is a boldness agreeable to no power but the Omnipotence of those Votes whose absolute Supremacy hath almost brought Confusion upon King and People and against which no Knowledge in matter of Fact or Consent and Authority in matter of Law they will endure shall be opposed We have upon all occasions with all possible Expressions professed Our fast and unshaken Resolutions for Peace And We do again in the presence of Almighty God Our Maker and Redeemer assure the World that We have no more thought of making a War against Our Parliament than against Our own Children that We will maintain and observe the Acts assented to by Us this Parliament without Violation of which that for the frequent assembling of Parliaments is one and that We have not or shall not have any thought of using any force unless We shall be driven to it for the security of Our Person and for the defence of the Religion Laws and Liberty of the Kingdom and the just Rights and Privileges of Parliament And therefore We hope the Malignant Party who have so much despised Our Person and usurped Our Office shall not by their specious fraudulent insinuations prevail with Our good Subjects to give credit to their wicked Assertions and so to contribute their Power and Assistance for the ruine and destruction of Us and themselves For Our Guard about Our Person which not so much their Example as their Provocation inforced Us to take 't is known it consists of the prime Gentry in Fortune and Reputation of this County and of one Regiment of Our Trained Bands who have been so far from offering any Affronts Injuries or Disturbance to any of Our good Subjects that their principal end is to prevent such and so may be Security can be no Grievance to our People That some ill affected persons or any persons have been employed in other parts to raise Troops under colour of Our Service or have made large or any offers of Reward and Preferment to such as will come in is for ought We know and as We believe an Untruth devised by the Contrivers of this false Rumour We disavow it and are confident there will be no need of such Art or Industry to induce Our loving Subjects when they shall see Us oppressed and their Liberties and Laws confounded and till then We shall not call on them to come in to Us and to assist Us. For the Delinquents whom We are said with a high and forcible hand to protect let them be named and their Delinquency and if We give not satisfaction to Justice when We shall have received satisfaction concerning Sir John Hotham by his legal Trial then let Us be blamed But if the Design be as it is well known to be after We have been driven by force from Our City of London and kept by force from Our Town of Hull to protect all those who are Delinquents against Us and to make all those Delinquents who attend on Us or execute Our lawful Commands We have great reason to be satisfied in the Truth and Justice of such Accusation lest to be Our Servant and to be a Delinquent grow to be terms so convertible that in a short time We be left as naked in Attendance as they would have Us in Power and so compel Us to be waited on only by such whom they shall appoint and allow and in whose presence We should be more miserably alone than in Desolation it self And if the seditious Contrivers and Fomenters of this Scandal upon Us shall have as they have had the power to mis-lead the major part present of either or both Houses to make such Orders and send such Messages and Messengers as they have lately done for the apprehension of the great Earls and Barons of England as if they were Rogues or Felons and whereby Persons of Honour and Quality are made Delinquents merely for attending upon Us and upon Our Summons whilst other men are forbid to come near Us though obliged by the Duty of their Places and Oaths upon Our lawful Commands 't is no wonder if such Messengers are not very well intreated and such Orders not obeyed Neither can there be a surer and a cunninger way found out to render the Authority of both Houses scorned and vilified than to assume to themselves merely upon the Authority of the Name of Parliament a power monstrous to all Understandings and to do Actions and to make Orders evidently and demonstrably contrary to all known Law and Reason as to take up Arms against Us under colour of defending Us to cause Money to be brought in to
Our Court at York this 15. of June 1642. The Declaration and Profession of the Lords now at York and others of His Majesty's most Honourable Privy Council disavowing that they see any apparence of Preparations or Intentions in His Majesty to levy War against the Parliament WE whose names are under-written in Obedience to His Majesty's Desire and out of the Duty which we owe to His Majesty's Honour and to Truth being here upon the place and witnesses of His Majesty's frequent and earnest Declarations and Professions of His abhorring all Designs of making War upon His Parliament and not seeing any colour of Preparations or Counsels that might reasonably beget the belief of any such Design do profess before God and testifie to all the World that we are fully perswaded that His Majesty hath no such Intentions but that all His Endeavours tend to the firm and constant settlement of the true Protestant Religion the just Privileges of Parliament the Liberty of the Subject the Law Peace and Prosperity of this Kingdom York June 15. 1642. Subscribed by Lord Keeper L. D. of Richmond L. Marquess Hartford L. Great Chamberlain E. of Cumberland E. of Bath E. of Southampton E. of Dorset E. of Salisbury E. of Northampton E. of Devon E. of Cambridge E. of Bristol E. of Clare E. of Westmorland E. of Berkshire E. of Monmouth E. of Rivers E. of Dover E. of Carnarven E. of Newport L. Mowbray Maltravers L. Willoughby L. Grey of Ruthen L. C. Howard Andover L. Lovelace L. Paget L. Falconberge L. Rich. L. Paulet L. Newark L. Coventry L. Savile L. Mohun L. Dunsmore L. Seymour L. Capel L. Falkland Mr. Comptroller Mr. Secretary Nicholas Mr. Chancel of the Exchequer L. Chief Justice Banks MDCXLII June 8. By the King A Proclamation forbidding all Levies of Forces without his MAJESTY's express Pleasure signified under His Great Seal and all Contributions or Assistance to any such Levies WHereas under pretence that We intend to make War against the Parliament the contrary whereof is notoriously known to all that are here and as We hope by this time apparent to all other Our Subjects as well by Our Declaration of the sixteenth of June as by the Testimony of all Our Nobility and Council who are here upon the place and by colour of the Authority of both Houses of Parliament a major part whereof are now absent from London by the contrivance of some few evil persons disguising and colouring their pernicious Designs and hostile Preparations under the plausible names of the preservation of publick Peace and defence of Vs and both Houses of Parliament from Force and violence it hath been endeavoured to raise Troops of Horse and other Forces And for that purpose they have prevailed not only to prohibit Our own Moneys to be paid to Us or to Our use but by the Name and Authority of Parliament to excite Our Subjects to contribute their Assistance to them by bringing in Moneys Plate or under-writing to furnish and maintain Horses Horsemen and Arms and to that purpose certain Propositions or Orders as they are styled by them have been printed whereby they have endeavoured to engage the Power and Authority of Parliament as if the two Houses without Us had that Power and Authority to save harmless all those that shall so contribute from all Prejudice and Inconvenience that may befall them by occasion thereof And although We well hope that these Malignant persons whose Actions do now sufficiently declare their former Intentions will be able to prevail with few of Our good People to contribute their Power or Assistance unto them Yet lest any of Our Subjects taking upon trust what those men affirm without weighing the grounds of it or the danger to Us themselves and the Commonwealth which would ensue thereupon should indeed believe what these persons would insinuate and have them to believe that such their Contribution and Assistance would tend to the preservation of the publick Peace and the Defence of Us and both Houses of Parliament and that thereby they should not incur any danger We that We might not be wanting as much as in Us lyeth to foreshew and to prevent the danger which may fall thereupon have hereby thought good to declare and publish unto all Our loving Subjects That by the Laws of the Land the power of raising of Forces or Arms or levying of War for the defence of the Kingdom or otherwise hath always belonged to Us and to Us only and that by no Power of either or both Houses of Parliament or otherwise contrary to Our personal Commands any Forces can be raised or any War levied And therefore by the Statute of the seventh year of Our famous Progenitor King Edward the First whereas there had been then some variances betwixt Him and some great Lords of the Realm and upon Treaty thereupon it was agreed that in the next Parliament after provision should be made that in all Parliaments and all other Assemblies which should be in the Kingdom for ever every man should come without Force and Armour well and peaceably yet at the next Parliament when they met together to take advice of this Business though it concerned the Parliament it self the Lords and Commons would not take it upon them but answered That it belonged to the King to defend force of Armour and all other force against the Peace at all times when it pleased Him and to punish them which should do contrary according to the Laws and Usages of the Realm and that they were bound to aid Him as their Sovereign Lord at all seasons when need should be And accordingly in Parliament in after-times the King alone did issue His Proclamations prohibiting bearing of Arms by any person in or near the City where the Parliament was excepting such of the Kings Servants as He should depute or should be deputed by His Commandment and also excepting the Kings Ministers And by the Statute of Northampton made in the second year of King Edward the Third it is enacted That no man of what condition soever he be except the Kings Servants in His presence and His Ministers in executing the Kings Precepts or of their Office and such as be in their company assisting them go nor ride armed by night or day in Fairs Markets nor in the presence of the Justices or other Ministers nor in no part elsewhere And this power of raising Forces to be solely in the King is so known and inseparable a Right to the Crown that when in the Reign of King Henry the Eighth there being a sudden Rebellion the Earl of Shrewsbury without Warrant from the King did raise Arms for the suppression thereof and happily suppressed it yet was he forced to obtain his Pardon And whereas the Duke of Gloucester and other great Lords in the eleventh year of King Richard the Second upon pretence of the good of the King and Kingdom the King being then not of age and led away as
the eighteenth day of June in the eighteenth year of Our Reign 1642. Votes of the Lower House for raising an Army against the KING Die Martis 12 Julii 1642. Resolved upon the Question THAT an Army shall be forthwith raised for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom Resolved upon the Question That the Earl of Essex shall be the General Resolved upon the Question That this House doth declare that in this Cause for the Safety of the King's Person defence of both Houses of Parliament and of those who have obeyed their Orders and Commands and preserving of the true Religion the Laws Liberty and Peace of the Kingdom they will live and die with the Earl of Essex whom they have nominated General in this Cause MDCXLII Aug. 8. A Declaration of the Lords and Commons for raising of Forces against the KING Together with His MAJESTY'S Declaration in Answer to the same A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents and them to Arrest and Imprison and to Fight with Kill and Slay all such as shall oppose any of His Majesty's loving Subjects that shall be imployed in this Service by either or both Houses of Parliament WHereas certain Information is given from several parts of the Kingdom That divers Troops of Horse are imployed in sundry Counties of the Kingdom and that others have Commission to raise both Horse and Foot to compel His Majesty's Subjects to submit to the Illegal commission of Array out of a Traiterous intent to subvert the Liberty of the Subject and the Law of the Kingdom and for the better strengthening themselves in this wicked attempt do joyn with the Popish and Jesuitical Faction to put the Kingdom into a Combustion and Civil War by levying Forces against the Parliament and by these Forces to alter the Religion and the Antient Government and lawful Liberty of the Kingdom and to introduce Popery and Idolatry together with an Arbitrary Form of Government and in pursuance thereof have Traitorously and Rebelliously levied War against the King and by force robb'd spoil'd and slain divers of His Majesty's good Subjects travelling about their lawful and necessary occasions in the King's Protection according to Law and namely that for the end and purpose aforesaid the Earl of Northampton the Lord Dunsmore Lord Willoughby of Eresby Son to the Earl of Lindsey Henry Hastings Esquire and divers other unknown persons in the Counties of Lincoln Nottingham Leicester Warwick Oxford and other places the Marquess of Hartford the Lord Paulet Lord Seymour Sir John Stawel Sir Ralph Hopton John Digby Esquire and other their Accomplices have gotten together great Forces in the County of Somerset The Lords and Commons in Parliament duly considering the great Dangers which may ensue upon such their wicked and traitorous Designs and if by this means the Power of the Sword should come into the hands of Papists and their Adherents nothing can be expected but the miserable ruine and desolation of the Kingdom and the bloody massacre of the Protestants they do Declare and Ordain That it is and shall be lawful for all His Majesty's loving Subjects by force of Arms to resist the said several Parties and their Accomplices and all other that shall raise or conduct any other Forces for the ends aforesaid and that the Earl of Essex Lord General with all his Forces raised by the Authority of Parliament as likewise the Lord Say Lieutenant of Oxfordshire Earl of Peterborough Lieutenant of Northamptonshire Lord Wharton Lieutenant of Buckinghamshire Earl of Stamford Lieutenant of Leicestershire Earl of Pembroke Lieutenant of Wiltshire and Hampshire Earl of Bedford Lieutenant of Somersetshire and Devon Lord Brook Lieutenant of Warwickshire the Lord Cranborne Lieutenant of Dorsetshire the Lord Willoughby of Parham Lieutenant of Lincolnshire and all those who are or shall be appointed by Ordinance of both Houses to perform the place of Deputy-Lieutenants and their Deputy-Lieutenants respectively Denzil Hollis Esquire Lieutenant of the City and County of Bristol and the Mayors and Sheriffs of the City and Deputy-Lieutenants there and all other Lieutenants of Counties Sheriffs Mayors Deputy-Lieutenants shall raise all their Power and Forces of their several Counties as well Trained Bands as others and shall have power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents and with them to fight kill and slay all such as by force shall oppose them and the Persons of the said Traitors and their Adherents and Accomplices to Arrest and Imprison and them to bring up to the Parliament to answer these their Traiterous and Rebellious Attempts according to Law and the same or any other Forces to transport and conduct from one County to another in aid and assistance one of another and of all others that shall joyn with the Lords and Commons in Parliament for the defence of the Religion of Almighty God and of the Liberties and Peace of the Kingdom and in pursuit of those wicked and Rebellious Traitors the Conspirators Aiders and Abettors and Adherents requiring all Lieutenants of Counties Sheriffs Mayors Justices of Peace and other His Majesty's Officers and loving Subjects to be aiding and assisting to one another in the Execution hereof And for so doing all the parties above-mentioned and all others that shall joyn with them shall be justified defended and secured by the Power and Authority of Parliament Die Lunae Aug. 8. 1642. Ordered that this Declaration be forthwith Printed and Published Hen. Elsinge Cler. Parl. D. Com. His MAJESTY's Declaration in Answer to a Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands c. AS much experience as We have had of the inveterate Rancour and high Insolence of the Malignant Party against Us We never yet saw any expression come from them so evidently declaring it as the Declaration entituled A Declaration of the Lords and Commons assembled in Parliament for the raising of all Power and Force as well Trained Bands as others in several Counties of this Kingdom to lead against all Traitors and their Adherents c. In which that Faction hath as it were distilled and contracted all their Falshood Insolence and Malice there being in it not one period which is not either Slanderous or Treasonable And nothing can more grieve Us than that by their infinite Arts and Subtilty employed by their perpetual and indefatigable Industry and by that Rabble of Brownists and other Schismaticks declaredly ready to appear at their Call they should have been able so to draw away some and drive away others of Our good Subjects from Our
Parliament as to prevail with the major part remaining of both Houses how much soever that major part be the smaller in comparison of the whole to suffer that name whose Reverence by all means We desire to preserve to be so soyl'd as to be prefixed to a Paper of this unsufferable nature that tends not only to the Destruction of Our Person but to the Dissolution of this Government and of all Society If at least this Declaration which We rather see cause to hope it hath not have so much as been seen in the Houses and be not the single work of the same Omnipotent Committee to which is devolved the whole power of the Parliament and which as We understand is trusted without acquainting the Houses to break up any Man's House and take away the Arms and Mony intended to defend and feed him if they shall see cause to suspect that he meant to assist his Sovereign with them and may well be as fully and implicitly trusted to Declare as to Act whatsoever they please And though We doubt not but to their utmost they will continue that injury to Us and that violation of the Subjects Liberty and of publick Right to vex and imprison those who shall publish any of Our Answers to their Declarations and indeed whilst they affirm against all Truth and command against all Law it concerns them to take care that nothing be heard but what they say yet Our comfort is that Our Intentions and the Duty of Our Subjects are so well and so generally known to Our People that We cannot fear from whomsoever it come and though no Answer came out with it that either what is there said should be believed or what is there commanded should be obeyed Who knows not that Our Commissions for Horse and Foot were not granted out till not only our Prerogative but Our Propriety Our Goods Arms Towns Militia and Negative Voice were taken from Us and all the Kingdom commanded to be in Arms and invited to bring in Horse Plate and Mony to frame an Army against Our Command and Proclamation and till Horse were raised and mustered accordingly and then with no intention nor hath any Action in any of Our Ministers given the least suspicion of such an Intention by them to compel Our Subjects to submit to Our Commissions of Array or make use of them against the Parliament but to regain Hull held out in Rebellion against Us and to suppress all such as without Our Authority and against Our Commands should raise Forces in this Our Kingdom and levy War against Us under pretence of any Order or Ordinance of one or both Houses And such traitorous Assemblies and Marches have been the only lawful and necessary Occasions of our good Subjects which have not been so much as interrupted by any Troops of Ours And what is affirmed of the spoiling and killing them as they were so travelling under our Protection and according to Law is a most malicious Affirmation as well without truth as without instance invented at once to make Our Troops terrible and Us odious to Our People What care have We taken that by this means the power of the Sword should not come into the hands of Papists who have by Our Proclamation strictly charged that no Papist should presume to list himself either as Officer or Soldier in this Our Army having directed how he should be discovered if he did presume and suffer if he were discovered What care have We taken to avoid Combustion and Civil War offering to lay down Our Arms when they shall have lay'd down their in whom it was Treason to take them up and restored Us those things which could not without Treason as well as Injustice be forced away and kept from Us Our Arms Ships Town c. And when We might meet both Our Houses in a safe and secure place to debate freely of all the Differences in a Parliamentary way And by whose Influences these Propositions were rejected and whether the Proposer or Rejecters were most careful to avoid this Ruine and Desolation of the Kingdom We leave all the World to judge and whether they who divert the Men and Mony collected for the relief of Distressed Ireland to raise Forces against their Prince who asks them nothing but what is Legal nor will deny them any thing that is do not joyn with the Popish and Jesuitical Faction in the bloody Massacre of many Thousand Protestants in that miserable Kingdom We propose likewise to every Man's judgment whether the declaring those to be Traitors who execute Our Commission of Array issued in so many Kings Reigns agreed upon by Parliament and there yielded to by the King to be settled as now it is as a matter of great grace and since that time which was in the 5 Hen. IV. in no Parliament complained of whilst Our good Subjects are vexed and imprisoned not only for resisting but for humbly petitioning so as may seem but to insinuate something against their most illegal Commands concerning the Militia To which power of commanding no Title can be made by any Statute or any Precedent nor can We ever find by search nor obtain to be told what those Fundamental Laws are by which it is pretended so deep those Foundations are laid beyond all means of discovery and the declaring that those who raise Men by virtue of Our Command and Commission the only Legal way traitorously and rebelliously levy War against the King and ordaining it to be lawful for all Our Subjects by force of Arms to resist them and their Accomplices and the raising of Forces by Authority of Parliament that is by the remaining part of both Houses never in the most outragious times before attempted and commanding several persons whom they call Lieutenants to lead and giving them power to transport from one County to another the Forces of several of Our Counties against them and to kill and slay all such as by force shall oppose them Our Self not excepted commanding all Our Officers and Subjects to be assisting to them and undertaking to secure them for so doing by the Power and Authority of Parliament which is first to allow and next to command and then to pardon Treason be not to have already subverted as much as in them lies the Liberty of the Subject the Law of the Land and altered the Ancient Government of the Kingdom leaving Our Subjects without all Rule to walk by when the most clear Laws cannot direct and secure them and they see all those Ancient bounds passed over which were ever as much known to be the Duty of both Houses to observe as it was evident that there were and that it was necessary that there should be Two Houses of Parliament and at once behold the Law which is to defend and protect the Subject and Us Who are to protect and defend the Law need Defence and Protection We doubt not therefore but all Our good Subjects will come in
direction of the House of Commons till this Parliament it being the first appeal to the People and of a dangerous consequence to Parliaments themselves But as in other things neither Our Desires or Commands have been considered without giving Us leisure to answer either the one or the other special direction is given for the printing that Remonstrance and equal care taken for the publishing it in all places and parts of the Kingdom Having taken this care for the shaking and perplexing the minds of all men the next work was to get such a Power into their hands as might govern and dispose of those Affections To this purpose they had from the beginning of the Parliament by reason of some complaints against the immoderate exercise of the authority of the Lieutenants and their Deputies in raising Coat and Conduct-money and some excesses in them had several debates in the diminution of the Office it self but still grounded upon the illegal Pressures used by them and upon some words in the Commission it self which though of long usage in very happy days were conceived not agreeable to the Law but they were so far from supposing the Office it self or Commission to be illegal that both Houses of Parliament had recommended two Lords to Us and desired Our Commission to make them Lords Lieutenants of Yorkshire and Dorsetshire the only end seeming then to be that good and approved men should be in those imployments and trusts But at last they resolved against the Office it self and would think of some other way to provide for the safety of the Kingdom in that point and in this they had a double end First to fright all persons Members of both Houses who had been Lieutenants and Deputy-Lieutenants to comply with them in their Votes lest they should be called in question for the execution of those Offices a Stratagem they had found to engage many persons to their Opinions as Sheriffs for the collecting Ship-money and all other persons who in truth were or might be made obnoxious to their Power then that by unsettling that whole business of the Militia throughout the Kingdom they might the more easily bring in their own power of governing it as they have since endeavoured to do And thereupon they presumed to bring in such a Bill into the House of Commons to place a General at Land and an Admiral at Sea by Act of Parliament with such Power and Authority over the Lives and Fortunes of all Our Subjects as should be liable to no control nor to be questioned by any Superintendent hand with a pre-pardon for whatsoever they should do under colour of those Offices either of which Officers should have been a much greater Man than Our Self and commanded in Our Kingdom above Us the matter of which Bill to shew their Design is since digested into their new Generals Commission and the pretended Ordinance to the Earl of Warwick And all this was then pretended to be a matter of absolute Necessity for the Preservation of Us and Our Kingdom but at that time it could procure no other credit than to be suffered to rest in the House as an evidence of the liberty might be used in the preferring of Bills They had by this time taken all the licence at their private Cabals to undervalue and vilifie Our Person and Our Power and in publick to give way and countenance to any Scandals upon Us. Letters from the Mayor of Plymouth that the Rebels in Ireland call themselves The Queen's Army and pretend the King's Authority for what they do and store of such Discourses upon such Evidence is every week printed in the Journals of the House which without doubt must be of great authority with Our People who must conceive such Informations to be not only fully and clearly proved but to be accepted and published upon very weighty reasons above the consideration of Our Honour and Safety And now they were to examine what notable credit their Remonstrance and their other general Infusions had got with the People and how ready they would be upon any occasions to venture themselves at their direction They had made themselves so terrible in the House of Commons that by their Threats and their Promises of Places and Preferments to several Men and by the absence of many they had gotten the major part But in the House of Lords their power was not the same that must be wrought another way yet there they had used all means to prevail upon the hopes and fears of such who they thought might that way be dealt with witness among many other things of the same nature that insolent Speech of Mr. Pym to the Earl of Dover That if he looked for any Preferment he must comply with them in their ways and not hope to have it by serving Vs. Shortly after their coming together upon the Recess a new Bill was preferred in the House of Commons for the taking away of the Votes of Bishops out of the House of Peers which being once rejected before ought not by the Course and Order of Parliament to have been admitted again the same Session but that was easily over-ruled and in the House of Commons it did pass many good Man the more willingly concurring therein upon hope that that Bill being once consented to the Fury of that Faction which with so great Violence pursued an absolute Destruction of the Ecclesiastical Government would be abated or that Rage being discerned they would lose that strength which supported them But the Lords quickly found that the Ring-leaders of that Faction had not Ingenuity enough to be compounded with and therefore with them it was not like to find so easie a passage Now their resort was to the People whom upon several occasions they had trained down to Westminster in great multitudes with Swords and Clubs and had often sent for them when any debate was like to be carried against them in either House the particulars whereof We are ready to prove Every Man will conceive We were in a great streight to find Our Self so much disappointed of that return the consciousness of Our own Merit and the many glorious Professions made by both Houses bade Us to expect We saw the Laws absolutely trampled under feet and a Design laid to ruin the Government of the Kingdom and to destroy Us and Our Posterity We saw this Design carried by a few Men whose Hatred and Malice to Our Person We found implacable and their Contempt of Us and Our Authority so visible and notorious that they forbore not to express it in their mention of Us in all companies We saw their Power and Interest to be so great that they were able to mis-lead very many honest Men and to countenance their actions under the name of both Houses of Parliament We were resolved that nothing they should do within those walls should provoke Us till time and the experience good Men should have of them should discover their purposes
and lastly whether the Doubt lest in any place out of London His Majesty should again come to the House of Commons with armed men upon what appearance of Right after what orders against his known Right and with how little either intention offer or colour of Violence He came thither having been shewed before can appear a sufficient Reason for their Resolution against such an Adjournment in order to the publick Peace and whether although there were no necessity of it but His Majesty's Desire Who out of compliance with them hath put the absolute Power out of His own hands not only of Adjourning the Parliament whither but of Dissolving it when He pleased it might not seem no unreasonable Request after so large a Grant Their third part is to prove His Majesty's aversion to Peace by several Circumstances The first is His having denied to receive their Petitions which His Majesty never did For if they mean which was all He ever did towards any refusal His refusing to receive any from or by any Person accused of High Treason by Him when they had other and more direct ways of sending to Him as they did then by the Earl of Essex if they had not gone out of their way out of desire to have it refused they may as well say He hath refused all that have ever since come to Him from them for He continued always to make that Exception and if their hope of present and total Victory had not made them insist upon that before Edge-hill which they quitted after the Petition offered to have been sent from my Lord of Essex from the head of his Army had been then received too by any other kind of hand though if His Majesty were rightly informed of the Contents of that Petition neither their offer of such a Petition could shew any inclination to Peace in them nor could His absolute resusal have shewed any aversion to it in His Majesty The second is That their Committee must not without a special safe Conduct and Protection from Him have Access to Him a Liberty incident to them not only as Members of the Parliament and employed by both Houses but as they were free-born Subjects To this His Majesty replies That He never denied their Committee to have access to Him without a safe Conduct nor did He ever so much as mention any to them The first motion concerning a safe Conduct was in a Letter from the Lord Grey of Wark Speaker pro tempore of the Lords House to either of His Majesty's Secretaries dated the third of Novemb. 1642. desiring one for that Committee which after attended His Majesty at Colebrook and the same was again desired for the Committee appointed to treat at Oxford by a Letter from the Earl of Manchester Speaker of the same House to the Lord Falkland dated the 28. of February And must it not seem strange to all the World that His Majesty's granting of that which both Houses in order to the Treaty ask'd of Him should be after charged upon Him as a provocation laid in the way to interrupt or break off the Treaty And since undoubtedly and that reasonably it would have been interpreted aversion in His Majesty from Peace if He had denied this when it was as'd His condition was very hard when it seems He could not either way have avoided this imputation whether he had denied or granted it But His Majesty desires His Subjects to consider the great difference between what His Majesty hath cause to complain of and what they do Master Alexander Hampden imployed by His Majesty with an Olive-branch a Message for Peace directed to both Houses inclosed in a Letter to the Speaker of the Lords House having His Majesty's pass testifying that He was so employed having delivered this Message to the Lords House and that House having received it as a gracious Message is committed by the House of Commons notwithstanding the liberty of access said to be incident to all free-born Subjects for not having a safe Conduct from their General upon pretence of an Order of that House but lately made and never past the Lords nor publish'd by themselves and notwithstanding that the Lords at a Conference desired the Messengers release upon the aforesaid reasons and that he was sent to them and that their own Messengers had divers times of late gone to Oxford in the same manner and none of His Majesty's had come otherwise yet the only Answer returned was That they would stand to their own Order Upon which His Majesty cannot but observe First that how great Authority soever both Houses expect to have with His Majesty yet one House hath but a little with the other Secondly That the Privilege of that House is as little considered as their Intercession since undoubtedly if the Lords who in many cases have power to commit which the House of Commons hath not over more than their own Members in any case but of breach of Privilege had committed a Messenger sent to the House of Commons especially from any to whose Messengers they paid half that respect which they owe to His Majesty's upon an Order only of their own House and having committed him without their consents should not release him at their desire it would have been look'd upon by them as no less a breach of Privilege than His Majesty's coming to their House Thirdly That by this His Majesty hopes that the Violent party doth now see better times are not far off since He is told by this very Declaration That evil Spirits do then rage most when they think they must be cast out The grounds of their third and fourth for such as have been taken notice of by the bye and replied to before need not to be repeated are these During the Treaty two Proclamations issued at Oxford against Associations and raising of Forces and Taxes by virtue of Ordinances in which His Majesty charges a Traitorous and Rebellious Army of Brownists Anabaptists and Atheists but not both Houses as for want of being charged they charge themselves to endeavour to take away His Life and the Religion and Laws of the Kingdom And some Letters were intercepted by which they say it probably appears to them that His Majesty had then designs upon Killingworth Scarborough and Bristol But His Majesty thinks it strange that it should be expected that this Treaty should have so much influence on one side and so little on the other that during the Treaty Taxes may be illegally laid and levied and His Majesty may not legally forbid them that Souldiers of the Earl of Essex his Army daily rail against Episcopacy break into Churches pull down Organs and Monuments tear Surplices and Common-Prayer-Books and His Majesty may not call them Brownists that that Army may go on daily during the Treaty in overt acts of Rebellion and Treason and it must be an Interruption of the Treaty in His Majesty to call them Rebels and Traytors that He may not
County of Surrey directed to the House of Peers concluded with this close That they should be in duty obliged to mantain their Lordships so far as they should be united with the House of Commons in their just and pious proceedings sufficiently intimating that if they joyned not with the House of Commons they then meant as much as others had plainly professed About the same time a Citizen saying at the Bar of the House of Commons That they heard there were Lords who refused to consent and concur with them and that they would gladly know their names or words to that effect a Petition in the name of many thousand poor People in and about the City of London was directed to the House of Commons taking notice of a malignant Faction that made abortive all their good motions which tended to the Peace and Tranquillity of this Kingdom desiring that those noble Worthies of the House of Peers who concurred with them in their happy Votes might be earnestly desired to joyn with that Honourable House and to sit and Vote together as one entire body and professing that unless some speedy remedy were taken for the removing all such Obstructions as hindred the happy progress of their great Endeavours their Petitioners should not rest in quietness but should be forced to lay hold on the next remedy which was at hand to remove the disturbers of the Peace and Want and necessity breaking the bounds of Modesty not to leave any means unessayed for their relief lastly adding that the cry of the poor and needy was that such Persons who were the obstacles of their Peace and the hinderers of the happy proceedings of this Parliament might be forthwith publickly declared whose removal they conceived would put a period to those Distractions And this Petition was brought up to the House of Lords by the House of Commons at a Conference And after the same day Master Hollis a Member of the House of Commons in a Message from that House pressed the Lords at their Bar to joyn with the House of Commons in their desire about the Militia and farther with many other expressions of like nature desired in words to this effect That if that desire of the House of Commons were not assented unto those Lords who were willing to concur would find some means to make themselves known that it might be known who were against them and they might make it known to those that sent them After which Petition so strangely framed countenanced and seconded many Lords thereupon withdrawing themselves the Vote in order to the Militia twice before rejected was then passed After these and other unparliamentary Actions many things rejected and settled upon solemn debate were again after many Threats and Menaces resumed altered and determined contrary to the Custom and Laws of Parliament And so many of us withdrew our selves from thence where we could not Sit Speak and Vote with Honour Freedom and Safety and are now kept from thence for our Duty and Loyalty to our Sovereign And though some of us Sate and continued there long after this hoping that we might have been able to have prevented the growth and progress of farther Mischief yet since the Privilege of Parliament is so substantial and entire a Right that as the Invasion of the Liberties of either House is an injury to the other and the whole Kingdom so the Violence and Assaults upon any of our fellow-Members for expressing their opinions in matters of debate were instances to us what we were to look for when we should be known to dissent from what was expected and under that consideration every one of our just Liberties suffered violation Many of us for these and other reasons after His Majesty Himself was by many Indignities and Force driven from Westminster have been contrary to the Right and Freedom of Parliament Voted out of the House without committing any Crime and some of us without hearing or so much as being summoned to be heard and so our Countries for which we were and are trusted have been without any Proxies or Persons trusted on their behalf An Army hath been raised without and against His Majesty's Consent and a Protestation enjoyned to live and die with the Earl of Essex their General of that Army and a Member now amongst us refusing to take that Protestation was told That if he left not the Town speedily he should be committed to the Tower or knocked on the head by the Souldiers All Persons even the Members of both Houses have been and now are forced or injoyned to contribute for the maintenance and support of that Army A trayterous Covenant is since taken by the Members who remain and imposed upon the Kingdom That they will to their power assist the Forces raised and continued by both Houses of Parliament against the Forces raised by the King with many other Clauses directly contrary to their Allegiance and another for the alteration of the Covenant of the Church established by Law and such Members as have refused according to their Duty and Conscience to take those Covenants have been imprisoned or expelled so as they have suffered none to reside with them but those who are engaged with them in their desperate courses The whole Power and Authority of both Houses is delegated against the Law and nature of Parliament to a close Committee which assumes and usurps the Power of King Lords and Commons disposes of the Persons Liberties and Estates of us and our fellow-Subjects without so much as communicating their Resolutions to those that sit in the Houses And when an Order hath been reported to be confirmed by them it hath been only put to the Question no debates being suffered it having been said in the House where the Commons sit to those who have excepted against such an Order when presented That they were only to Vote not to dispute and thereupon all Argument and contradiction hath been taken away And to shew how impossible it is to contain themselves within any bond of civility and humanity when they have forfeited their Allegiance after the attempt in a most barbarous manner to murther the Queens Majesty at Her landing at Burlington by making many great shot at the house where She lodged for Her repose after a long Voyage by Sea where by God's blessing it was disappointed they impeached Her of High Treason for assisting the King Her Husband and the Kingdom in their greatest necessities All Petitions and Addresses for Peace have been with great Art and Vehemence discountenanced and suppressed whilst others for Sedition and Discord have with no less industry and passion been promoted And when the Members of the House of Commons in August last had agreed upon a long and solemn debate to joyn with the Lords in sending Propositions of Peace to His Majesty the next day printed Papers were scattered in the Streets and fix'd upon the publick places both in the City and Suburbs requiring all Persons
lastly after having lived so many years in the most glorious and most unblemished Church of Christendom the total defacing and pulling down the whole Fabrick of it censuring and reproaching the Doctrine and destroying the Discipline and as if we were cast ashore in some uninhabited Climate where the Elements of Christianity were not known the calling without the least shadow or colour of Law or Lawful Authority against His Majesty's express Consent manifestly against the Statute of 25 th year of King Henry the Eighth an assembly of Divines composed of some Noblemen Gentlemen and Ministers all under the style of Godly and Learned Divines most of which are not otherwise known than by their Schism and Separation from that Church in which they were born and to which they have subscribed and these Men now must new-make and mould the Religion by which we must all be saved God in his good time we hope will vindicate his own Cause and repair the breaches which have been lately made For the Laws of the Land and the Liberty of the Subject so speciously urged and pretended to be the end of those who have disturbed our Peace we need say little every place and every person is an ample evidence and testimony of the bold and avowed violation of either The Charter of our Liberties Magna Charta so industriously and Religiously preserved by our Ancestors and above Thirty several times confirmed in Parliament that Rampire and Bulwark of all the precious Privileges and Immunities which the Subjects of this Kingdom could boast of and which distinguishes them from all the Subjects of Christendom is levelled and trampled under foot scorned despised and superseded by Votes and Orders Men of all sorts Clergy and Laity imprisoned without the least charge that by the Law is called a Crime and their Estates are sequestred by Persons of whom the Law can take no notice Committees made by Committees Rob Banish and Imprison the Lords and Commons of England Men committed by Persons of no Authority for no cause to Prison have by Habeas Corpus the good old Remedy and Security for our Liberty been brought to the Kings Bench and by command of those who first committed them remanded and Commands given to the Judges that they should grant no Habeas Corpus which they were sworn to grant to any Persons committed by them or by those to whom they grant Authority to commit which themselves have not Power to do Neither can we pass over the motion made by Mr. Rigby a Member of the House of Commons to transport those Lords and Gentlemen who were Prisoners and by them accounted Malignants to be sold as Slaves to Argiers or sent to the new Plantation in the West Indies urged the second time with much earnestness because the Proposer had contracted with two Merchants to that purpose the which though it took no effect at that time may awaken those who have observed so many things to pass and be ordered long after they have been once or twice denied and rejected And who sees the new and inhumane way of imprisoning Persons of Quality under Decks on Ship-board by which cruel usage many of our Country-men have been murthered may have reason to fear they may be hereafter carried a longer voyage than is yet avowed The twentieth part of our Estates is at once taken and if we are not willing to obey that Order the other Nineteen are taken from us as Malignants a term unknown and undefined and yet crime enough to forfeit our Lives and all that we have Our fellow-Subjects have been executed in cold blood for doing that which by the Laws of God and Man they were bound to do and after their Murther their Estates seized and their Wives and Children exposed to Misery and Famine Laws made and Penalties imposed by Laws this Parliament are suspended dispensed withal and those things done by Order against which those Laws were made And that there may be no face of Justice over the Land the Judges are prohibited to ride their Circuits for the administration of that Justice which the King owes His People and they are bound to execute And after all this and after the merciless shedding so much English Blood after the expending so much Money much of which was given for relief of our poor Protestant Brethren of Ireland and diverted for the improving the Distractions at home after the transportation of such vast sums of Money and great Treasure into Foreign parts to the unspeakable impoverishing this Poor Kingdom to make our Misery lasting and our Confusion compleat a Foreign Enemy is invited and brought into the Bowels of this Kingdom to drink our blood to divide our Possession to give us new Laws and to Rule over us And the better to make way to those horrid Impositions by confounding and making void all civil Rights and Proprieties and the better preparing the Kingdom to be shared by Strangers a New Great Seal the special Ensign of Monarchy and the only way by which Justice is derived and distributed to the People is counterfeited and used albeit it be by the express letter of the Statute of the 25 th year of King Edward the Third declared to be High Treason Having now made this clear plain Narration to the Kingdom the truth and particulars whereof are known to most Men that when Posterity shall find our names in the Records of these times as Members trusted by our Country in that great Council by whose Authority and Power the present Alteration and Distraction seems to be wrought it may likewise see how far we have been and are from consenting to these desperate and fatal Innovations we cannot rest satisfied without Declaring and Publishing to all our fellow-Subjects and to the whole World that all our Intentions and Actions have been are and shall be directed to the defence of His Majesty's Person and just Rights the preservation of the true Protestant Religion and Liberties of the Kingdom established by Law That as we do with all humility to God Almighty and as a great Blessing from him acknowledge His Majesty's happy and Religious Reign and Government over this Kingdom and especially the excellent Laws and Statutes made in His time and particularly those in this Parliament so we do with all duty and submission Declare That His Majesty is the only Supream Governour of this Realm in all Causes Ecclesiastical and Temporal That His Natural Person is not to be divided from His Kingly Office but that our natural Allegiance and the Oaths of Allegiance and Supremacy do bind us and all His other Subjects to Loyalty and Allegiance to His Natural Person That His Majesty's Negative Voice without which Monarchy is dissolved is an inherent Right of His Crown and that no Orders of one or both Houses of Parliament without His Majesty's express Consent can make a Law to bind the Subjects either in their Property or Liberty That we do from our Souls abhor
the present Rebellion raised in this Kingdom against His Majesty and that all His Majesty's Subjects are bound by their natural Allegiance and the Oaths lawfully taken by them to the utmost of their power to resist and repress the same and particularly the Army now under the Command of the Earl of Essex and all other Armies raised or to be raised without His Majesty's Consent under pretence of the two Houses of Parliament And we do disclaim all Votes Orders and Declarations in countenance or maintenance of the said Armies and Declare That no Oath or Covenant voluntarily taken or inforced doth or can bind or dispense with the breach of those other Oaths formerly and lawfully taken to His Majesty and that all those who aid assist or abett this horrid and odious Rebellion are and ought to be accounted and pursued as Traitors by the known Laws of the Land That we utterly detest and disclaim the Invitation which hath been made to His Majesty's Subjects of Scotland to enter this Kingdom with an Army the same being as much against the Desires as against the Duty of the Lords and Commons of England and all true-hearted English-Men And we do Declare and publish to the World That as any such Invasion or Hostile entry into the Kingdom by the Rebellious Subjects of Scotland is a direct and peremptory breach of the late Act of Pacification between the two Kingdoms so that we and all the Subjects of this Kingdom are bound by our Allegiance and by that very Act to resist and repress such Invasion And whosoever is or shall be abetting aiding or assisting to those of Scotland in their Hostile Invasion of this Kingdom ought to be looked upon as betrayers of their Country and are guilty of High Treason by the known Laws of the Kingdom And that our weak misled and seduced Country-men may no longer pay an implicite regard and reverence to the abused name of Parliament which these guilty Persons usurp to themselves and so submit to those Actions and Commands which two Houses of Parliament never so legally and regularly constituted have not Authority to require or enjoyn and since these Men will not suffer their poor Country to be restored by a Treaty to the benefit of a Parliament which would with Gods blessing easily remove these Miseries and prevent the like for the time to come we must and do declare to the Whole Kingdom That as at no time either or both Houses of Parliament can by any Orders or Ordinances impose upon the People without the Kings Consent so by reason of the want of Freedom and Security for all the Members of Parliament to meet at Westminster and there to Sit Speak and Vote with Freedom and Safety all the Actions Votes Orders Declarations and pretended Ordinances made by those Members who remain still at Westminster are void and of none effect and that as many of the Lords and Commons assembled at Westminster as have at any time consented to the raising of Forces under the Command of the Earl of Essex or to the making and using of the new Great Seal or to the present coming of the Scots into England in a warlike manner have therein broken the Trust reposed in them by their Country and are to be proceeded against as Traitors And yet we are far from dissolving or attempting the dissolution of this Parliament or the violation of any Act made and confirmed by His Majesty's Royal Assent this Parliament which we shall always maintain and defend Acts of Parliament are only in danger to be destroyed by those who undervalue and despise the Authority and Power of Acts of Parliament who therefore deny the Kings Negative Voice and neglect His Concurrence that their own Resolutions may be reputed as Acts of Parliament to the Ruine and Confusion of all Laws and Interest It is our grief in the behalf of the whole Kingdom that since the Parliament is not dissolved the Power thereof should by the Treason and Violence of these Men be so far suspended that the Kingdom should be without the fruit and benefit of a Parliament which cannot be reduced to any Action or Authority till the Freedom and Liberty due to the Members be restored and admitted and they who oppose this must be only looked upon as the Enemies to Parliament In the mean time we neither have nor shall attempt any thing for the Adjourning Dissolving or Proroguing thereof otherwise than as it may stand with the Act in that case provided Lastly we Declare That our endeavours actions and resolutions tend and are directed and shall always be directed to the maintenance of God's true Religion established by Law within this Kingdom to the defence of His Majesty's Sacred Person His Honour and just Rights to the preservation of the Liberty and Property of the Subject settled and evident by the Laws Statutes and Customs of the Realm and the just Freedom Liberty and Privilege of Parliament and that what we shall do for the defence and maintenance of all these proceeds from the Conscience of our Duty to God our King and Country without any private and sinister ends of our own and out of our sincere love to Truth and Peace the which as we have so we shall always labour to procure as the only blessed End of all our Labours And we do therefore conjure all our Country-Men and fellow-Subjects by all those precious obligations of Religion to God Almighty of Loyalty towards their Soveraign of Affection towards one another and of Charity and Compassion towards their bleeding Country to assist and joyn with us in the suppressing those Enemies to Peace who are so much delighted with the Ruine and Confusion they have made that they will not so much as vouchsafe to Treat with us that all specious Pretences might be taken away and the grounds of this bloody Contention clearly stated to the World If these Men with a true sence and remorse of the ill they have done shall yet return to their Duty and Loyalty they shall God willing find us of another temper towards them than they have been towards us And if the Conscience of their Duty shall not draw all our fellow-Subjects and Country-Men to joyn with us in assisting His Majesty we hope that the prudent consideration That 't is impossible to Reason for our miserable Country ever to be restored to Peace and Happiness but by restoring all just and legally-due Power and Authority into His Majesty's hands again will direct them what is fit to be done by them And if any yet shall be so unskilful and to say no worse vulgar-spirited to hope by a Neutrality and odious Indifferency to rest secure in this Storm though we shall not follow the examples of other Men in telling them that their Estates shall be forfeited and taken from them as pernicious and publick Enemies God be thanked the Law is not so supprest but that it proceeds in Attainders and Forfeitures and all Men
be seasonable to give any Answer concerning the Time And we are ready to confer with your Lordships upon what shall be offered by you to our Paper concerning the Militia formerly delivered The King's Commissioners Reply 4. February VVE are of opinion that the Propositions in your Lordships Paper contain the Alterations mentioned in the Paper we lately delivered to your Lordships and take by express words or necessary consequence the whole Military and Civil Power out of the Crown which Alterations we are ready to make appear in Debate And the Alterations being so great we have reason to desire to know the limitation of Time the consideration of which makes the Propositions more or less reasonable The King's Commissioners second Paper 4. Feb. VVE desire to know who the Commissioners shall be in whose hands the Forces by Sea and Land shall be entrusted and whether you intend His Majesty shall be obliged to consent to such Persons or whether He may except against them and name others in their places of known affection to Religion and Peace Their Answer 4. February THE Commissioners in whose hands the Forces by Sea and Land shall be entrusted are to be nominated for England by both the Houses of the Parliament of England and for Scotland by the Estates of the Parliament of Scotland as is expressed in our Paper formerly delivered to your Lordships concerning the Militia The King's Commissioners Reply 4. Feb. VVE desire a full Answer to our Paper concerning the Persons to be entrusted with the Militia it being very necessary to know the Persons before consent can be given to the matter and whether His Majesty may except against any such persons and nominate others in their rooms against whom there can be no just exception The King's Commissioners third Paper 4. Feb. VVE desire to know whether your Lordships intend that the Militia of the City of London shall be independent and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted Their Answer 4. Feb. IT appears by the Propositions concerning the Militia of the City of London that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament The King's Commissioners Reply 4. February WE desire an Answer to our Paper concerning the Militia of the City of London whether the same shall be subordinate to the Commissioners in whose hands the Forces by Sea and Land are to be intrusted your Lordships Answer that the same is to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament which yet doth not appear by the Propositions being no Answer to the Question The King's Commissioners Paper 5. Feb. HAving with great diligence perused your Lordships Paper concerning the Militia and being very desirous to come to as speedy a conclusion in that Argument as we can we will be ready to morrow to give your Lordships our full Answer which we are confident will give your Lordships satisfaction concerning the matter of the Militia of this Kingdom The King's Commissioners Paper in Answer to the Propositions concerning the Militia 6. February TO suppress any Forces that may be raised to the disturbance of the publick Peace of the Kingdom or that shall invade this Kingdom and to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles and that His Majesty and all His People may be secured from the Jealousies and Apprehensions they may have of Danger we do consent that all the Forces of the Kingdom both by Sea and Land shall be put into the hands of Persons of known faithfulness to the Religion and Peace of the Kingdom in such manner and for such time as hereafter mentioned That the number of those Persons be Twenty or if that be not accepted by your Lordships such greater or lesser number as shall be agreed upon between us and that His Majesty may name half the persons to be so entrusted and the two Houses the other half That such Forts and Towns in which Garrisons have been before these Troubles and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons shall be entrusted likewise to persons to be chosen by the Commissioners or the major part of them to be subordinate to the said Commissioners and to receive orders from them and no others And all other places which have been fortified since the beginning of these Troubles shall be left as they were before and the Fortifications and Works slighted and demolished and all Forces with all possible expedition to be disbanded that the Kingdom may be eased of that intolerable burthen That an Act of Parliament shall be passed for the raising of such Moneys for the maintenance of the Navy and Sea-Forces as His Majesty and both Houses shall think fit That when any of the said Commissioners shall dye who was nominated by His Majesty His Majesty shall name another and when any shall dye of those named by the two Houses another shall be chosen by them and in the Intervals of Parliament by the major part of the said Commissioners named by the two Houses and neither the one nor the other to be removed but by the joynt consent of His Majesty and both Houses except it shall be desired by your Lordships that His Majesty and the two Houses respectively may remove the respective persons named by them as often as they shall see occasion to which if it shall be insisted on we shall consent These Commissioners or the major part of them or such other number of them as shall be aggreed upon shall have Power by Act of Parliament to suppress any Forces raised sitting a Parliament without the joynt consent of His Majesty and both Houses of Parliament or in the Intervals of Parliament without consent of the said Commissioners or the major part of them to the disturbance of the publick Peace of the Kingdom and to suppress any Forces that shall invade the Kingdom And it shall be high Treason in any who shall levy any Forces without such Authority or consent to the disturbance of the publick Peace That they shall have like Power to preserve the Peace now to be settled and to prevent all disturbances of the publick Peace that may arise by occasion of the late Troubles And if any Forces shall be brought into the Kingdom without the joynt Consent of the King and the two Houses of Parliament it shall be lawful for any four of the said Commissioners to levy Forces for the supppressing resisting and destroying of the said Forces so brought in We are content that this Power to such Persons shall continue for the space of three years which we doubt not but by the blessing of God will be abundantly sufficient to secure all Persons from their Doubts and Fears and in which
time such a mutual Confidence may be begot betwixt His Majesty and all His People that the Peace will be firm and lasting That the Commissioners before their entrance upon the said Trust shall take an Oath for the due execution of the said Commission and that after the expiration of the said term of three years from the time of the issuing the said Commission they shall not presume to continue any execution of the said Authority and it shall be high Treason in any of them to execute the said Authority after the expiration of the said three years And all the Commanders in chief of the Garrisons Forts and His Majesty's Ships shall likewise take an Oath for the due execution of their Trust That the Commissioners shall have Power to prevent the violation of the Articles of Peace or any Troubles arising in the Kingdom by breach of the said Articles and to hear and determine all differences that may occasion the same We shall be willing that any just Privileges and Immunities be granted by His Majesty to the City of London as being the chief City of this Kingdom and the place His Majesty desires to honour with His most usual and most constant Residence But we conceive it too envious a thing and may prove very prejudicial to the Happiness of that great City to distinguish it in a matter of so high importance as the business of the Militia from the Authority that the whole Kingdom is to submit to If your Lordships shall not consent to the election of persons in that manner as we have proposed half by His Majesty and the other half by the two Houses we do then propose to your Lordships that the said persons who shall have the said Powers in manner and form above mentioned may be named by mutual consent upon Debate between us in which consideration may be taken of the fitness or unfitness of those who shall be named And in case that any of them who shall be thus agreed upon shall die within the said term of three years the survivers or the major part of them shall nominate and chuse another in his place who shall be deceased This way we should most have desired but in regard the consideration of persons may take up a long time in debate which neither the time allotted for the Treaty nor the present Distractions will permit we do propose the former as the most expedite and certain way but leave the election to your Lordships And whatsoever shall be found deficient in the settling this according to the present Agreement or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt Consent of His Majesty and the two Houses of Parliament After which the King's Commissioners delivered in this Paper 6. Feb. WE shall be ready against the time that the Militia is again in order to be Treated upon to give your Lordships an Answer to your Demands concerning the Militia of the Kingdom of Scotland the which for the present we have not had time to do having wholly spent these three days in the perfecting the Paper delivered to your Lordships this day and the Debates in preparation thereof And at the same time their Commissioners delivered in this Paper 6. Feb. YOUR Lordships Paper which we have received so late at the end of the third day appointed to Treat upon the Militia on which we expected a satisfactory Answer to our Demands concerning it is very far differing from what we have proposed and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms and wherein we cannot but observe that the Kingdom of Scotland is wholly omitted We do therefore insist upon our Paper formerly delivered concerning the Militia and desire your Lordships full and clear Answer being ready by Conference to remove all Objections which may be made to the contrary The King's Commissioners Answer thereupon 6. Feb. VVE conceive the Paper delivered by us to your Lordships may justly satisfie your Lordships for the securing the Peace of this Kingdom against all Forces that may any ways endanger it at home or from abroad and for securing the performance of all things that shall be agreed in this Treaty and we are ready by Conference to make the Reasonableness thereof appear and to receive any Reasons from your Lordships to the contrary And as touching Scotland we hope your Lordships will be satisfied by the last Paper we delivered to you Their Paper 6. Feb. IN our last Paper we insisted upon our former demands for the Militia and offered by Conference to satisfie your Lordships of the Reasonableness of them if any Doubts remained with you to the contrary which we are still ready to do they being the proper Subject of this part of the Treaty And whereas your Lordships have in your Paper referred what concerns the Kingdom of Scotland unto another time and seem to intend it a several Answer both Kingdoms being united in the same Cause and under the same Danger and mutually providing for the joynt Safety and Security of both and each other our Propositions are joyntly made by both and are inconsistent with a divided Answer The King's Commissioners Answer 6. Feb. WHereas your Lordships have offered in your last Paper to satisfie us by Conference of the Reasonableness of your Demands if any Doubts remain with us to the contrary We desire to receive satisfaction by Conference that it is reasonable for us to grant the nomination of the Persons by the two Houses only and that the Time ought not to be limited Their Paper 6. Feb. AS we have given to your Lordships our Propositions for the Militia of both Kingdoms in writing so do we again desire your Lordships full and clear Answer to them both in writing and we are ready to answer any Doubts you shall make upon them in order as we delivered them and as they do relate to both Kingdoms but we cannot Treat upon your Lordships Answer which divides them The three first day allotted for the Treaty upon the Militia being spent and that Subject resumed upon Friday the 14 th Saturday the 15 th and Monday the 17 th of February in those days divers Papers were delivered and some Debates had touching the nomination of the Persons who were to be intrusted with the Militia whether they should all be nominated by the two Houses only and touching the Time how long they should have it and whether the same should be unlimited as it was in the Propositions or be limited to a certain time as likewise concerning the Powers of the English and Scotish Commissioners for the Militia which are so intermingled in the Propositions that it was not well understood upon the Propositions how far the Commissioners of one Kingdom and their Power might extend unto and have influence
have therein received from His Majesty we conceive it not proper for us to communicate to your Lordships nor have we any warrant so to do Their Reply 17. Feb. VVE again desire of your Lordships to know whether you be limited by any Instructions or Directions what to grant or deny unto us concerning the Militia and that we may have a sight of such Instructions or Directions and which we conceive your Lordships in Justice and Reason cannot deny seeing by your Papers and Debates your insisted that it was just and reasonable for us to let you know whether we had any power by our Instructions to consent to a limitation of Time which we did accordingly And your Lordships seventh Paper this day delivered gives no Answer or satisfaction to our former Demand herein The King's Commissioners Answer 17. Feb. VVE conceive it was just and reasonable for us to demand of your Lordships whether you had power by your Instructions to consent to a limitation of Time concerning the Militia because the Time is left indefinite and not expressed in the Propositions And your Lordships Commission which gives you power to Treat relating to Instructions they are thereby part of your Power and yet your Lordships to that our Demand have given no other Answer than That by your Instructions you were to insist to have the Time unlimited but have not answered whether you had power to consent to a limitation of Time And we desire your Lordships to remember that formerly upon our desire to see your Instructions that thereby we might see what Power was granted to you by your Paper of the last of January your Lordships did answer it was that for which you had no warrant and it appearing to your Lordships that our Commission hath no reference to Instructions we conceive that your Lordships cannot expect any other Answer than we have already given to your Lordships Demand touching any Instructions or Directions to us what to deny or consent to grant in the Militia assuring your Lordships that we shall not deny but willingly consent to grant whatsoever shall be therein requisite for a full security for observing the Articles of the Treaty or otherwise agreeable to Justice or Reason Touching the Power which should be given to the Commissioners for the Militia The King's Commissioners Paper 14. Feb. VVE desire to know what Authority the Commissioners nominated by the Estates of the Parliament of Scotland are to have in the Militia of this Kingdom and what influence the Orders and Advice from the Estates of the Parliament there shall have upon this Kingdom and how far the same is to be consented or submitted to here Their Answer 14. Feb. YOur Lordships Desire expressed in your second Paper this day may be fully satisfied by the Propositions concerning the Militia where the Authority of the Commissioners to be nominated is clearly expressed both in cases of several and of joynt concernment of the Kingdoms and if upon perusal thereof any Doubts shall occur to your Lordships we are ready by Conference to clear the same The King's Commissioners Paper 15. Feb. VVE do not conceive that the Authority of the Commissioners of both Kingdoms and in both Kingdoms is clearly expressed in your Lordships Propositions and therefore we desire to be informed whether your Lordships intend that the Commissioners of Scotland shall have any Power in the setling of all Forces by Sea and Land in this Kingdom and what Authority they shall have Their Paper 15. Feb. WE do conceive that the Authority of the Commissions of both Kingdoms and in both Kingdoms is clearly expressed in our Propositions by which it doth appear how they are to act as several or as joynt Commissioners And if your Lordships shall propound any Objections against our Propositions concerning the Militia of both Kingdoms we are ready upon Conference to give your Lordships satisfaction The King's Commissioners Paper 15. Feb. WE desire to know whether in that part of the Proposition wherein the Commissioners of both Kingdoms are appointed to meet as a joynt Committee and to receive Instructions in the Intervals of Parliament from the Commissioners for the preservation of the publick Peace your Lordships mean the Commissioners to be nominated according to these Propositions or the Commissioners intended by the Act of Pacification or what other Commissioners and what Jurisdiction you intend the said Commissioners of both Kingdoms shall have by the power given them to hear and determine all differences that may occasion the breach of the Articles of the Peace according to the Treaty and by what Law they shall proceed to hear and determine the same Their Answer 15. Feb. WE intend that the Commissioners are to be nominated according to the Propositions and are to proceed in such manner as is therein expressed and if your Lordships shall make any Objections hereupon we are ready by Conference to give you satisfaction Their further Answer 15. Feb. FOR further answer to your Lorships second Paper we conceive that the matter of the Jurisdiction to be exercised by the Commissioners is expressed in the Proposition and for the manner of exercising that Jurisdiction and by what Law they shall proceed to hear and determine the same are to be settled by the two Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively The King's Commissioners Paper 15. Feb. VVE desire to receive a perfect and full Answer from your Lordships to our first and * second Papers delivered by us this morning to your Lordships and whether your Lordships intend that the Commissioners of Scotland shall have any Power and Authority in the settling of all Forces by Sea and Land in this Kingdom and what Authority they shall have and whether the Advice or Orders of the Estates of the Parliament of Scotland shall have any influence upon the affairs of this Kingdom or the Commissioners to be named according to these Propositions otherwise than as the said Advice or Orders shall be approved and confirmed by the two Houses of Parliament of England and what Jurisdiction you intend the Commissioners shall have who are to determine all differences that may occasion the breach of the Articles of Peace and by what Law or Rule they shall proceed try and judge in the hearing and determining the same And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing since the Answer we shall give to your Lordships upon so much of your Propositions will very much depend upon our clear understanding your Lordships in these particulars it being agreed between us that nothing shall be binding or taken as agreed upon but what shall be in writing on either part Their Answer 17. Feb. VVE conceive there is a full Answer already given by us in several Papers of the 14. of this instant to the former parts of your Paper delivered in on the 15. day and to
the Trust reposed in them they having a Rule prescribed which they were not to transgress and being removable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively and being lyable for any miscarriage to severe punishment And as for their security who have been with His Majesty in this War an Act of Oblivion is desired to be passed whereby all His Majesty's Subjects in both Kingdoms 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 unnatural Divisions must needs have been continued and probably being severally named would have acted dividedly according to several Interests and the War thereby might be more easily revived Whereas the scope of the Propositions we have tendred was to take away occasions of future Differences to prevent the raising of Arms and to settle a firm and durable Peace And to your Lordships Objections that the Commissioners were to continue without any limitation of Time although the reasonableness 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 years as is expressed in our Paper delivered to your Lordships the 21 st of this instant And for the peculiar Royal Power which your Lordships mention to reside in His Majesty concerning the Militia and to make Peace and War we cannot admit thereof or that it is otherwise exercised than 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 War but that is referred to the 23 d. Proposition to be Treated upon in due time And for the Navy and Fleet at Sea the principal means to maintain them is to be raised by the free gift of the Subjects out of Tonnage and Poundage and other payments upon Merchandice and the Navy and Fleet being a principal means of our security the reasons are the same for them as for the Militia by Land And for what your Lordships alledge concerning Sheriffs and Justices of Peace and other legal Ministers not to raise the Posse Comitatus or Forces to suppress Riots without being lyable to the interpretation of the Commissioners we say this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace nor can their power of hearing and determining Civil Actions and differences be extended further than preservation of the Articles of the Peace to be made and as is clearly and plainly exprest in the 27 th Proposition And whereas we seek the Militia to be setled in the 15 th Proposition and the other parts of our Propositions in order to and for procuring of a Peace and which are necessary to a present Union your Lordships defer them until the Peace shall be established Which delay we hope upon second thoughts your Lordships will not judge to be reasonable And when your Lordships do take into serious consideration the great Calamities and how occasioned to say no more you cannot think but that we ought to be most careful of preventing the like for the future And seeing all we desire for these so important ends is limited to a few years we ought to insist upon such a remedy as may be a fitting cure and in so doing we hope we shall be justified before God and Man Wherefore we again most earnestly desire your Lordships as you tender the deplorable Estates of these bleeding Kingdoms the setling of Religion the Honour of His Majesty and the composing these miserable Distractions that your Lordships will give your full and clear Answer to our Demands concerning the Militia This last Paper was delivered about two of the clock when the Treaty was at that instant breaking up and at the same time the King's Commissioners had upon the like occasion of two Papers of theirs given in a little before concerning Ireland hereafter mentioned delivered in a Paper No. 179. that they might give Answer thereto the next day dated as of that day as had been formerly used which was not granted so that in Answer to this Paper so earnestly requiring an Answer in the Close thereof it was impossible to give in any Paper at the present neither would any be received but at present The Papers touching Ireland After the first six days of the Treaty spent upon Religion and the Militia according to the same order formerly proposed the Propositions concerning Ireland were next Treated upon the three days following beginning the 7th of February and the same was also taken up again the 18th of February for other three days Their Propositions touching Ireland 7. Feb. WE desire that an Act of Parliament be passed to make void the Cessation of Ireland and all Treaties with the Rebels without consent of both Houses of Parliament and to settle the Prosecution of the War of Ireland in both Houses of the Parliament of England to be managed by the joynt advice of both Kingdoms and His Majesty to assist and to do no act to discountenance or molest them therein The King's Commissioners Paper 7. February VVE desire to know whether the Paper we have received from your Lordships contain in it all the Demands your Lordships are required by your Instructions to insist upon concerning Ireland which if it doth we are ready to enter upon that Debate but if it do not we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together being confident that upon a whole view of the business we shall give you full satisfaction in that Argument Their Paper 7. February WE are to insist upon other things concerning Ireland which being part of other Propositions we conceive not so proper to give your Lordships till we have received your Answer to our Paper formerly delivered and are ready by present Conference to satisfie any Doubts that remain with your Lordships concerning that Paper Notwithstand they delivered in these further Papers and Propositions following Their Paper 7. Feb. WE desire that an Act be passed in the Parliament of both Kingdoms respectively to confirm the Treaty concerning Ireland of the 6 th of August 1642. which Treaty we herewith deliver and that all Persons who have had any hand in plotting designing or assisting the Rebellion of Ireland may expect no Pardon and their Estates to pay publick Debts and Damages and that the Commissioners to be nominated as is appointed in the 17 th Proposition may order the War of Ireland according to the Ordinance of the 11 th of April 1644. which we herewith deliver and to order the Militia and to conserve the Peace of the Kingdom of Ireland And that by
great proportions of all necessary Supplies 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 Cloaths Ammunition and other Necessaries to the value of sevenscore thousand Pounds and they have not desired any other Provision from His Majesty 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 enabling them in the prosecution of that War And we are so far from apprehending any impossibility of reducing that Kingdom during 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 to believe that if this Cessation had not been obtained by the Rebels and that in the time of their greatest Wants and that these Forces had not been withdrawn they might in probability have subdued those bloody Rebels and finished the War in that Kingdom For the pretended Necessities offered as grounds of this Cessation we have already given your Lordships we hope clear information For the Persons whose Advice His Majesty followed therein your Lordships have not thought fit to make them known 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 Kingdom 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 means 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 War to be represented hither that what should be found defective might be supplied What Warrants they issued we are ignorant of but are well assured that what they did was in pursuance of their Duty and for advancement of the publick Service and suppressing of that horrid Rebellion and we cannot but still affirm they were discountenanced and commanded from the Council there where the prosecution of that War was to be managed and that it was declared from His Majesty that he disapproved of the Subscriptions of the Officers of the Army by means whereof that course was diverted Concerning the Moneys raised for Ireland we have in our former Papers given your Lordships a full and just Answer and we are sorry the same cannot receive credit Those Moneys raised upon charitable Collections we do positively affirm 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 acknowledged was denied was only such as they conceived most necessary for advancement of that Service and the denial thereof proved very prejudicial thereunto And we must again inform your Lordships that it was well known at the time when the Goods were seized by His Majesties Forces as your Lordships allege near 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 seized and taken away by some of His Majesties Forces as we have been credibly informed not without His Majesties own knowledge and direction Your Lordships may believe that those who signed the Letters mentioned in your Papers have done nothing but what they may well justifie and if the same be well done they need not fear to give an Account thereof nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withal then shall be agreeable to Justice Upon 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 unjust unlawful and destructive to His Majesties good Subjects and of advantage to none but the Popish bloody 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 Ireland which we conceive most Just and Honourable for his Majesty to consent unto We know no other ways 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 God's blessing we shall speedily settle that Kingdom in their due Obedience to His Majesty Their other Paper 20. Feb. VVE cannot understand how out of any of the Papers Articles 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 War of Ireland the War should stand still or be dissolved nor do we find that the Ordinance of the 11. of April can produce any such inconvenience as your Lordships do imagine nor doth the making of the Earl of Leven Commander in chief of the Scotish and British Forces and the settling of the prosecution of the War 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 General is to carry on the War 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 War 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 joyn with the Commander in chief of the Scotish 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 Answer to your Lordships second Paper of this day Nor doth the naming of the Earl of Leven to be General any more take away the Power of the two Houses then if he were a Native of this Kingdom 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 do only joyn with their Councils and Forces for carrying on the War 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
by Acts of Parliament for that War have been formerly diverted to other uses of which Money 100000 l. at one time was issued out for the payment of the Forces under the Earl of Essex And as to diverting the Forces provided for the reducing of Ireland though we conceived it ought not to be objected to His Majesty considering the Forces under the Command of the Lord Wharton raised for Ireland had been formerly diverted and imployd against Him in the War here in England yet it is evident they were not brought over till after the Cessation 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 Scotish Forces in Ireland as likewise divers of the English Officers there into this Kingdom and since the Earl of Leven their General and divers Scotch Forces were actually brought over To the Allegations that many Persons of all sorts have forsaken the Kingdom rather than 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 there 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 do although they went without His Privity but conceive your Lordships will not insist that they should sit with the Privy-Council there and assume to themselves to advise and interpose as Privy-Councellors And we again deny the Subscriptions of the Officers of the Army was diverted by His Majesty and it is well known that some Officers apprehending upon some speeches that the drift in requiring Subscriptions was to engage the Army against His Majesty in detestation thereof upon those speeches rent the Book of Subscription in pieces For the diversion of the Moneys raised for that War if they had been since repaid the contrary whereof is credibly informed to His Majesty yet that present Diversion might be and we believe was a great means of the future Wants of that Kingdom which induced 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 Lords Justices and Council 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 than 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 Upon what hath been said it appears that His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation and that the War there cannot be maintained or prosecuted to the subduing of the Rebels there during the continuance of this unnatural War here is evident to any man that shall consider that this Kingdom labouring in a War which imploys all the Force and Wealth at home cannot nor will spare considerable Supplies to send abroad or if it could yet whiles there are mutual Jealousies that there cannot be that concurrence in joynt Advices betwixt the King and the two Houses as will be necessary if that War be prosecuted and that His Majesty cannot condescend or your Lordships in reason expect His Majesty should by His Consent to Acts of Parliament for the managing of that War and raising moneys to that purpose put so great a Power into their hands who during these Troubles may if they will turn that Power against Him and it is apparent that the continuance of the War here must inevitably cause the continuance of the Miseries there and endanger the rending of that Kingdom from this Crown The Kings Commissioners other Paper 20. Feb. VVE do very much wonder that it doth not clearly appear 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 Royal Assent made an Act of Parliament as your Lordships desire all the Forces of that Kingdom both British and Scotish are put under the absolute Command of the Earl of Leven the Scotish General and the managing the War committed wholly 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 the two Houses of Parliament here shall upon such difference manage 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 Earl of Leven must carry on the 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 Majesties 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 Majesty should consent to what you propose He would devest himself of all his Royal Power in that Kingdom and reserve no Power or Authority in Himself over that War which is most necessary for His Kingly Office to do For your Lordships Expression when there shall be a Lieutenant of Ireland we presume your Lordships cannot but be informed that His Majesty hath made and we doubt not but you acknowledge he hath power to make the Lord Marquess of Ormond His Lieutenant of that Kingdom 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 Earl of Leven to be General to receive Orders only from the joynt Committee of both Kingdoms doth more take away the Power of the two Houses here than 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 British and Scotish to the Earl of Leven General of the Scotish Forces who is to manage the War according to the Directions of the joynt Committee of both Kingdoms doth not amount to less than to deliver the whole Kingdom of Ireland over into the hands of His Majesties Subjects of the Kingdom of Scotland and therefore we must ask
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 clear satisfaction therein This desire was not granted nor any Paper delivered in Answer to it but soon after the Treaty broke off During the Twenty days Treaty upon Religion Militia and Ireland the particular passages whereof are before expressed some other passages did occur concerning His Majesties Propositions and particularly for a Cessation and touching His Majesties return to Westminster after disbanding of Armies and further time for continuing or renewing the Treaty which do here follow And first touching His Majesties Propositions the King's Commissioners delivered in this Paper the second day of the Treaty 1. February WE desire to know whether your Lordships have any Instructions concerning His Majesties Propositions for settling a safe and well-grounded Peace and if you have any touching the same we desire to have a sight of them Their Answer 1. February WE have not yet received Instructions concerning His Majesties 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 coming 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 sixth Proposition for a Cessation of Arms. 3. February WE desire to know whether your Lordships have received 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 do and conceive it very necessary that during the time we are endeavouring to establish a blessed and happy Peace the issues of Blood may be stopped in this miserable Kingdom and His Majesties oppressed and languishing Subjects have some earnest and prospect of the Peace we are endeavouring by God's blessing to procure for them To this no particular Answer was given The King's Commissioners Paper 10. Febr. HAving now spent three days severally upon each of 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. Febr. WE have received Instructions concerning His Majesties Propositions and when the Houses of Parliament shall be satisfied in the good Progress 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 Majesty But there was not any time given to Treat upon His Majesties Propositions Touching further time for continuing or reviving the Treaty and His Majesties Return to Westminster after disbanding these Papers were delivered The King's Commissioners Paper 14. Feb. WE have this day received Directions from His Majesty to move your Lordships that you will endeavour to procure an addition of time for this Treaty after the expiration of the days 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 particular accompt of your proceedings in the Treaty and observing thereby how impossible it is within the days 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 clearly see what fruit such Answers will produce in order to a blessed Peace for the present and the future good and Happiness 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 days 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 Uxbridge Their Answer 14. Feb. COncerning the Paper delivered by your Lordships for addition of time for the Treaty we can give no other Answer than that we will send Copies of His Majesties Letter and of the Paper unto the Houses of Parliament and after signification of their pleasure we will give further Answer Afterwards on the 18. of Feb. they delivered this Paper 18. Febr. YOur Lordships may please to take notice that in the twenty days appointed to Treat upon the Propositions concerning Religion Militia and Ireland the first Thursday and three Sundays are not to be included The King's Commissioners Paper 20. Febr. BY our Paper delivered to your Lordships the 14. of this Month we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the days 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 days limited for the same upon the Reasons mentioned in His Majesties said Letter and what time may be added Their Answer 20. Feb. YOur Lordships Paper of the 14. of this Month for an addition of time for this Treaty together with His Majesties Letter concerning the same were sent by us to the Houses of Parliament who as we have already acquainted your Lordships have declared That if they shall be satisfied in the good progress of the Treaty upon the Propositions concerning Religion the Militia and Ireland they 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. days with your Lordships in the Treaty upon Religion the Militia and Ireland and 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 Majesty and the Two Houses of Parliament and
agreed upon and every such Person or Persons so to be named shall have the like Power and Authority Freedom and acquital to all intents and purposes and also all such Wages and Allowances for the said service during the time of his or their Attendance as to any other of the said Persons in this Ordinance is by this Ordinance limited and appointed Provided always that this Ordinance or any thing therein contained shall not give unto the Persons aforesaid or any of them nor shall they in this Assembly assume to exercise any Jurisdiction Power or Authority Ecclesiastical whatsoever or any other Power than is herein particularly expressed The Votes or Orders delivered with it Die Mercurii 5. Julii 1643. ORdered by the Lords and Commons in Parliament assembled That it shall be propounded to the Assembly to morrow at their meeting to take into their Consideration the Ten first Articles of the 39. Articles of the Church of England to free and vindicate the Doctrine of them from all Aspersions and false Interpretations Jovis 6. Julii 1643. Some general Rules for the Assembly directed by the Lords and Commons in Parliament assembled 1. THat two Assessors be joyned to the Prolocutor to supply his place in case of Absence or Infirmity 2. Two Scribes to be appointed to set down all Proceedings and these to be Divines who are not Members of the Assembly viz. Mr. Henry Robrough and Mr. Adoniram Bifield 3. Every Member at his first entrance into the Assembly shall make a serious and solemn Protestation not to maintain any thing but what he believes to be Truth and to embrace Truth in sincerity when discovered to him 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded 5. What any Man undertakes to prove as necessary he shall make good out of the Scriptures 6. No Man to proceed in any dispute after the Prolocutor hath enjoyned him silence unless the Assembly desire he may go on 7. No Man to be denied to enter his Dissent from the Assembly and his Reasons for it in any point after it hath first been debated in the Assembly and thence if the dissenting Party desire it to be sent to the Houses of Parliament by the Assembly not by any particular Man or Men in a private way when either House shall require it 8. All things agreed on and prepared for the Parliament to be openly read and allowed in the Assembly and then offered as the Judgement of the Assembly if the major part assent Provided that the Opinion of any Persons dissenting and the Reasons urged for it be annexed thereunto if the Dissenters require it together with the Solution if any were given in the Assembly to those Reasons Jovis 6. Julii 1643. I A. B. do seriously and solemnly in the presence of Almighty God that in this Assembly whereof I am a Member I will not maintain any thing in matters of Doctrine but what I think in my Conscience to be Truth or in point of Discipline but what I shall conceive to conduce most to the Glory of God and the good and Peace of his Church Veneris 15. Sept. 1643. ORdered by the Lords and Commons in Parliament assembled That it be referred to the Assembly of Divines to set forth a Declaration of the Reasons and Grounds that have induced the Assembly to give their Opinions that this Covenant may be taken in point of Conscience Eodem Die ORdered by the Lords and Commons in Parliament assembled That it be referred to the Committee formerly appointed to Treat with the Scotch Commissioners to Treat with them about the manner of taking the Covenant in both Kingdoms Mercurii 22. August 1643. ORdered by the Lords and Commons in Parliament assembled That it be propounded to the Assembly of Divines to consider of the Doctrine of the Nine next Articles of the 39 Articles of the Church of England to clear and vindicate the same from all Aspersions and false Interpretations The Articles of the sixth of August 1642. Articles of the Treaty concerning the Reducing of the Kingdom of Ireland to the Obedience of the Kings Majesty and Crown of England agreed upon between the Commissioners for Scotland authorized by his Majesty and the Parliament of that Kingdom and the Commissioners for England authorized by his Majesty and the Parliament of that Kingdom at Westminster the sixth day of August 1642. FIrst The Scotish Commissioners out of the sense of that Duty which the Kingdom of Scotland owes to His Majesty and the true Affection they bear towards the Kingdom of England being willing to contribute their best assistance for the speedy relief of those distressed parts in Ireland which lye nearest the Kingdom of Scotland have in the name of that Kingdom made offer of ten thousand Men to be imployed in that Service and for a further Testimony of their Zeal to His Majesties Service and Brotherly respect to the Kingdom of England have declared that the Kingdom of Scotland will upon their own Charge levy and transport these Men. Secondly Because the Kingdom of Scotland are to send over with their Army the number of Six thousand Muskets and Four thousand Pikes with such Cannon and Ammunition as shall be fitting for the service it is agreed that Four thousand Muskets and Two thousand Pikes shall be presently sent by the Kingdom of England into the Kingdom of Scotland and delivered at Leith as also that the residue of the said Ten thousand Arms and Ten thousand Swords and Belts shall be delivered there at the first of August next and that as many Cannon and Field-Pieces of the same Bore Weight and Metal shall be carried into Scotland upon their demand as they shall transport into Ireland for the service of that Kingdom and that the said whole Arms and Ammunition shall remain in Scotland until the return of the Scotish Army from Ireland at which time the same shall be restored to the Kingdom of England the Kingdom of Scotland receiving satisfaction for such of their Arms and Ammunition as shall be spent or lost in the service of Ireland As also that there shall be presently sent over from England and delivered to the Scotish Army in Ireland for the defence of the Province of Vlster six pieces of Demy-Cannon of the Ball of four and twenty pound weight with their Equipage Thirdly it is agreed That there shall be two Ships of War presently sent by the Kingdom of England to Lochryan Lamalach Port-Patrick or Air to guard and waft over the Scotish Soldiers and that the said Ships shall attend at the Ports in Ireland for serving the Scotish Army in going and returning betwixt the Coasts and keeping the Passages clear as they shall receive Orders from the chief Commanders of the Scotish Army for the time being according to Instructions received or to be received by the Master of these Ships from the Lord Admiral or Commissioners of the Admiralty for the time
Commissioners should have the Power but for seven years yet We should not have it after those seven years nor at any time unless they and We could agree in it so much would they have gained by this seeming compliance in point of limitation of this Power to a time though not to that time of three years which We proposed But they justifie the Reasonableness of it for whereas Our Commissioners in their Paper to which this of theirs is applied as an Answer tell them that if the time for this Power be unlimited We and Our Posterity shall for ever part with Our peculiar Regall Power of being able to resist Our Enemies or protect Our good Subjects and with that undoubted and never-denied Right of the Crown to make War and Peace or ever more to have Jurisdiction over Our own Navy and Fleet at Sea the Command thereof being also a part of this great Power to be given to these Commissioners they answer plainly They cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in Vs concerning the Militia and to make Peace and War or that it is otherwise to be exercised then by Authority from Vs and both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell Us in plain terms what they mean Though the Common-Law-books and Records of Parliament have mentioned that the sole Power of protecting the Subjects belongs to the King and that He alone hath Power to make Peace and War though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament That the Power of Peace and War is in the King but if He will have Money from His Subjects to maintain the Wars He must have their Consents and though the universal consent and common Opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been Our Right for the Answer is made to the assertion concerning Our Right And not admitting it it seems their Oaths of Allegeance and Supremacy to defend Our Crown and Dignity and to assist and defend all Jurisdictions Priviledges and Authorities belonging to Us oblige them not And as they do not admit this Power in Right to have been in Us alone for the time past so neither will they admit it for the time to come in Us or Our Successors to be able to resist Our Enemies or protect Our Subjects or to make Peace or War but it must be by Authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regal Powers and the Scepter and the Sword may in Pictures or Statues but are not in deed to be in the Kings hand alone Upon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seven years as the Militia for the Land and after the seven years to be commanded in such manner as they and We should agree and not otherwise for the say the Reasons are the same for them as for the Militia by Land It is a principal means they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the Affections of Our Subjects that is by the Lords and Commons now at VVestminster who in their sense represent all the People who by themselves during the Parliament or when they shall please to make any Recesses by their Commissioners during the Intervals will free Us from the burthen of the Militia and of Our Navy and so of protecting Our Subjects and will save Us the Charge of Our Navy because it is to be principally maintained by the free gift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our Security suitable to all their Actions these three years last past they say that for security of those who have been with Vs in the War an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some Exceptions mentioned in the Propositions We are not willing to mention those Exceptions by which not only most of Our best Subjects who have been with Us in the War according to their Duties by express or general terms are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Us in the War are to be forfeited As for securing them by an Act of Oblivion they have less cause to desire it than they who propose it as being more secured by the Conscience of doing their Duties and the protection of the known Common Law of the Land if it might take place than any protection under the two Houses or their Commissioners for the Militia yet we were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Us lies to have made up these Breaches and buried the memory of these unhappy Divisions It was urged by Our Commissioners that according to the literal sense of the Propositions in the Powers given to the Commissioners for the Militia That Sheriffs and Justices of Peace and other legal Ministers could not raise the Posse Comitatus or Forces to suppress Riots without being liable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legal Process nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall levy any Forces without Authority or consent of the Commissioners to the disturbance of the publick Peace it is apparent that the Sheriffs or Justices of Peace if they raise any Forces to suppress any tumultuous Assembly which it is possible some of the Commissioners may countenance or for executing of other legal Acts may not only be liable to the interpretation of being disturbers of the Publick Peace but feel the punishment of it And whereas they say That the Power given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joynt Committee for the hearing and determining Civil Actions and Differences cannot be extended further than preservation of the Articles of the Peace to be made We conceive that a Court being thereby allowed to them for the hearing and determining of Civil matters for the preservation of
Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland called by the Council and Conservers of the Peace and the Commissioners of the Common Burthens and assembled the Two and Twentieth day of June 1643. and several times continued since and of the Parliament of the Kingdom since convened XIII That the Lords and Commons in the Parliament of England assembled shall during the space of twenty years from the first of July 1646. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and that neither the King His Heirs or Successors nor any other but such as shall Act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the Powers aforesaid And the like for the Kingdom of Scotland if the Estates of the Parliament there shall think fit That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered and disposed by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons during the said space of twenty years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them 3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of Twenty years judge fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without Consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them appointed for that purpose And that after the expiration of the said Twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of VVales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Commons nor do any Act or thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained That after the expiration of the said Twenty years in all Cases wherein the Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any part of the said Forces or concerning the Admiralty and Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land-service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given thereunto Provided that nothing herein before contained shall extend to the taking away of the ordinary Legal power of Sheriffs Justices of Peace Maiors Bailifs Coroners Constables Headboroughs or other Officers of Justice not being military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of the Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers nor any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons And if any persons shall be gathered and assembled together in warlike manner or otherwise to the Number of Thirty persons and shall not forthwith disband themselves being required thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person and persons not so disbanding themselves shall be guilty and incur the pains of High
Distempers concerning Church-Discipline and that the Presbyterian Government is now in practice his Majesty to eschew Confusion as much as may be and for the satisfaction of his two Houses is content that the said Government be legally permitted to stand in the same condition it now is for three years provided that his Majesty and those of his Judgment or any other who cannot in Conscience submit thereunto be not obliged to comply with Presbyterial Government but have free practice of their own Profession without receiving any prejudice thereby and that a free Consultation and debate be had with the Divines at Westminster twenty of his Majesties nomination being added unto them whereby it may be determined by his Majesty and the two Houses how the Church-Government after the said time shall be settled or sooner if Differences may be agreed as is most agreeable to the Word of God with full Liberty to all those who shall differ upon conscientious grounds from that settlement always provided that nothing aforesaid be understood to tolerate those of the Popish Profession nor the exempting of any Popish Recusant from the penalties of the Laws or to tolerate the publick profession of Atheism or Blasphemy contrary to the Doctrine of the Apostles Nicene and Athanasian Creeds they having been received by and had in reverence of all the Christian Churches and more particularly by this of England ever since the Reformation Next the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation and that which former Parliaments as likewise this hath acknowledged so to be his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People as to devest himself and Successors of the power of the Sword yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace his Majesty will consent to an Act of Parliament that the whole Power of the Militia both by Sea and Land for and during his whole Reign shall be ordered and disposed by his two Houses of Parliament or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace and against foreign Invasion and that they shall have Power during his said Reign to raise moneys for the purposes aforesaid and that neither his Majesty that now is or any other by any Authority derived only from him shall execute any of the said Powers during his Majesties said Reign but such as shall act by the consent and approbation of the two Houses of Parliament Nevertheless his Majesty intends that all Patents Commissions and other Acts concerning the Militia be made and acted as formerly and that after his Majesties Reign all the Power of the Militia shall return intirely to the Crown as it was in the times of Queen Elizabeth and King James of blessed memory After this Head of the Militia the consideration of the Arrears due to the Army is not improper to follow for the payment whereof and the ease of his People his Majesty is willing to concur in any thing that can be done without the Violation of his Conscience and Honour Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last and out of Compositions that shall be made before the concluding of the Peace and the Arrears of such as have been already made the assistance of the Clergy and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army and if those means shall not be sufficient his Majesty intends to give way to the sale of Forest Lands for that purpose this being the Publick Debt which in his Majesties Judgment is first to be satisfied and for other publick Debts already contracted upon Church-Lands or any other Ingagements his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon so as they be equally laid whereby his People already too heavily burthened by these late Distempers may have no more Pressures upon them than this absolute necessity requires And for the further securing of all Fears his Majesty will consent that an Act of Parliament be passed for the disposing of the great Offices of State and naming of Privy Councellors for the whole term of his Reign by the two Houses of Parliament their Patents and Commissions being taken from his Majesty and after to return to the Crown as is exprest in the Article of the Militia For the Court of Wards and Liveries his Majesty very well knows the consequence of taking that way by turning of all Tenures into common Soccage as well in point of Revenue to the Crown as in the Protection of many of his Subjects being Infants nevertheless if the continuance thereof seem grievous to his Subjects rather then he will fail on his part in giving satisfaction he will consent to an Act for taking of it away so as a full recompence be settled upon his Majesty and his Successors in perpetuity and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army And that the memory of these late Distractions may be wholly wiped away his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths Declarations and Proclamations against both or either House of Parliament and of all Indictments and other proceedings against any persons for adhering unto them and his Majesty proposeth as the best Expediment to take away all seeds of future Differences that there be an Act of Oblivion to extend to all his Subjects As for Ireland the Cessation there is long since determined but for the future all other things being fully agreed his Majesty will give full satisfaction to his Houses concerning that Kingdom And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses yet his Majesty is confident that upon perusal of particulars he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular And now his Majesty conceives that by these his Offers which he is ready to make good upon the settlement of a Peace he hath clearly manifested his intentions to give full security and satisfaction to all Interests for what can justly be desired in order to the future Happiness of his People And for the
Proclamations and other Proceedings against it to be void An Act concerning Peers lately made and hereafter to be made An Act concerning the Adjournments of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Raising settling and maintaining Forces by Sea and by Land within the Kingdoms of England and Ireland and Dominion of VVales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed BE it Enacted by the King's Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled shall during the space of twenty years from the first of November 1647. Arm Train and Discipline or cause to be Armed Trained and Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed already raised both for Sea and Land service and shall appoint all Commanders and Officers for the said Forces and shall from time to time during the said space of twenty years raise levy arm train and discipline or cause to be raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and Places aforesaid as in their judgments they shall from time to time during the said space of twenty years think fit and appoint and shall from time to time appoint all Commanders and Officers for the said Forces or remove them as they shall see cause and shall likewise nominate appoint place or displace as they shall see cause all Commanders and Officers within the several Garrisons Forts and Places of strength as shall be within the Kingdoms of England Ireland and Dominion of Wales the Isles of Gernsey and Jersey and Town of Barwick upon Tweed and that neither the King His Heirs or Successors nor any other but such as shall act by the Authority or Approbation of the said Lords and Commons shall during the said space of twenty years exercise any of the powers aforesaid And be it further enacted by the Authority aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of twenty years think fit and appoint and not otherwise and that all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of twenty years be imployed managed ordered disposed or disbanded by the said Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And be it further Enacted by the Authority aforesaid That the said Lords and Commons during the said space of twenty years shall have power in such sort and by such ways and means as they shall think fit and appoint to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and also to suppress any Forreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or any of them and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland as the said Lords and Commons shall from time to time during the said space of twenty years judg fit and necessary to resist all Forreign Invasions and to suppress any Forces raised or to be raised against or within either of the said Kingdoms to the disturbance of the Publick Peace of the said Kingdoms or any of them by any Authority under the Great Seal or other Warrant whatsoever without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively and that no Forces of either Kingdoms shall go into or continue in the other Kingdom without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland or such as shall be by them respectively appointed for that purpose And be it Enacted by the Authority aforesaid That after the expiration of the said twenty years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall raise arm train discipline imploy order manage disband or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any of them nor exercise any of the said Powers or Authorities before-mentioned and expressed to be during the said space of twenty years in the said Lords and Commons nor do any act or thing concerning the Execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And be it further also Enacted That after the expiration of the said twenty years in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned and shall thereupon pass any Bill or Bills for the raising arming training disciplining imploying managing ordering or disposing of the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernsey and Jersey and the Town of Barwick upon Tweed or of any part of the said Forces or concerning the said Admiralty or Navy or concerning the levying of Moneys for the raising maintenance or use of the said Forces for Land service or of the Navy and Forces for Sea-service or of any part of them and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient that then such Bill or Bills so passed by the said Lords and Commons as aforesaid and to which the Royal Assent shall not be given as is herein before expressed shall nevertheless after Declaration of the said Lords and Commons made in that behalf have the force and strength of an Act or Acts of Parliament and shall be as valid to all intents and purposes as if the Royal Assent had been given
thereunto Provided always and be it further Enacted by the Authority aforesaid That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs or other Officers of Justice not being Military Officers concerning the Administration of Justice so as neither the said Sheriffs Justices of Peace Maiors Bailiffs Coroners Constables Headboroughs and other Officers or any of them do levy conduct imploy or command any Forces whatsoever by colour or pretence of any Commission of Array or extraordinary Command from His Majesty His Heirs or Successors without the Consent of the said Lords and Commons and that if any persons shall be gathered and assembled together in Warlike manner or otherwise to the number of Thirty persons and shall not forthwith separate and disperse themselves being required thereto by the said Lords and Commons or Command from them or any by them especially authorized for that purpose then such person and persons not so separating and dispersing themselves shall be guilty and incur the pains of High Treason being first Declared guilty of such Offence by the said Lords and Commons any Commission under the Great Seal or other Warrant to the contrary notwithstanding and he or they that shall offend herein shall be incapable of any Pardon from His Majesty His Heirs and Successors and their Estates shall be disposed as the said Lords and Commons shall think fit and not otherwise Provided also further 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 sitting of this present Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act for justifying the Proceedings of Parliament in the late War and for Declaring all Oaths Declarations Proclamations and other Proceedings against it to be void WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence and thereupon Oaths Declarations and Proclamations have been made against them and their Ordinances and Proceedings and against others for adhering unto them and for executing Offices Places and Charges by Authority derived from them and Judgments Indictments Outlawries Attainders and Inquisitions for the causes aforesaid have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects and Grants have been made of their Lands and Goods Be it therefore Declared and hereby Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by Authority of the same That all Oaths Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament or any the Members of either of them for the causes aforesaid or against their Ordinances or Proceedings or against any for adhering unto them or for doing or executing any Office Place or Charge by any Authority derived from the said Houses or either of them and all Judgments Indictments Outlawries Attainders Inquisitions and Grants thereupon made and all other Proceedings for any the causes aforesaid had made done or executed or to be had made done or executed whether the same be done by the King or any Judges Justices Sheriffs Ministers or any others are void and of no effect and are contrary to and against the Laws of the Realm And be it further Enacted and hereby Declared by the Authority aforesaid That all Judges Justices of the Peace Maior Sheriffs Constables and other Officers and Ministers shall take notice hereof and are hereby prohibited and discharged in all time to come from awarding any Writ Process or Summons and from pronouncing or executing any Judgment Sentence or Decree or any way proceeding against or molesting any of the said Members of the two Houses of Parliament or against any of the Subjects of this Kingdom for any the causes aforesaid Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning Peers lately made and hereafter to be made BE it Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament That all Honour and Title of Peerage conferred on any since the twentieth day of May 1642. being 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 be and is hereby made and declared Null and Void Be it further Enacted and it is hereby Enacted by the Authority aforesaid that no Person that shall hereafter be made a Peer or His Heirs shall sit or vote in the Parliament of England without consent of both Houses of Parliament Soit baillé aux Seigneurs A ceste Bille les Seigneurs sont assentuz An Act concerning the Adjournments of both Houses of Parliament BE it Declared and Enacted by the Kings Majesty and by the Lords and Commons assembled in Parliament and by the Authority of the same That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit or from any place adjourn the same again to the place where they now sit or to any other place within the Kingdom of England that then such their Adjournment and Adjournments to such places and for such time as they shall appoint shall at all times and from time to time be valid and good any Act Statute or Usage to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no Adjournment or Adjournments to be had or made by reason or colour of this Act shall be deemed adjudged or taken to make end or determine any Session of this present Parliament And they also commanded us to present to Your Majesty these ensuing Propositions Heads of the Propositions 1. That the new Seal be confirmed and the old Great Seal and all things passed under it since May 1642. be made void 2. That Acts be passed for raising Moneys to satisfie Publick Debts 3. That Members of both Houses put from their places by the King be restored 4. That the Cessation in Ireland be made void and the War left to both Houses 5. That an Act of Indemnity be passed 6. That the Court of Wards be taken away and such Tenures turned into common Soccage 7. That the Treaties between the English and Scots be confirmed and Commissioners appointed for Conservation of the Peace between the Kingdoms 8. That the Arrears of the Army be paid out of the Bishops Lands forfeited Estates and Forests 9. That an Act be
That when his Majesty desires a Personal Treaty with them for the settling of a Peace they in Answer propose the very subject matter of the most essential part thereof to be first granted a thing which will be hardly credible to Posterity Wherefore his Majesty declares That neither the desire of being freed from this tedious and irksome condition of life his Majesty hath so long suffered nor the apprehension of what may befall him in case his two Houses shall not afford him a Personal Treaty shall make him change his Resolution of not consenting to any Act till the whole Peace be concluded Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him but also to make good all other Concessions mentioned in his Message of the 16. of Novemb. last which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him And yet his Majesty cannot give over but now again earnestly presseth for a Personal Treaty so passionately is he affected with the advantages which Peace will bring to his Majesty and all his Subjects of which he will not at all despair there being no other visible way to obtain a well-grounded Peace However his Majesty is very much at ease within himself for having fulfilled the Offices both of a Christian and of a King and will patiently wait the good pleasure of Almighty God to incline the hearts of his two Houses to consider their King and to compassionate their fellow-Subjects miseries Given at Carisbrook-Castle in the Isle of Wight Decemb. 28. 1647. A Declaration of the Lords and Commons assembled in Parliament with the Resolutions of both Houses concerning the King Together with an Order for Imprisoning the Persons and Sequestring the Estates of any that shall act contrary to this Declaration and Resolutions Die Sabbathi 15. Januarii 1647. THE Lords and Commons assembled in Parliament after many Addresses to his Majesty for the preventing and ending this Unnatural War raised by him against his Parliament and Kingdom having lately sent Four Bills to his Majesty which did contain only matter of Safety and Security to the Parliament and Kingdom referring the composure of all other Differences to a Personal Treaty with his Majesty and having received an absolute Negative do hold themselves obliged to use their uttermost Endeavours speedily to settle the present Government in such a way as may bring the greatest Security to this Kingdom in the enjoyment of the Laws and Liberties thereof and in order thereunto and that the Houses may receive no Delays nor Interruptions in so great and necessary a Work they have taken these Resolutions and passed these Votes following viz. Resolved upon the Question THat the Lords and Commons do Declare That they will make no further Addresses or Applications to the King Resolved upon the Question by the Lords and Commons assembled in Parliament That no Application or Address be made to the King by any person whatsoever without the leave of both Houses Resolved upon the Question by the Lords and Commons assembled in Parliament That the person or persons that shall make breach of this Order shall incur the Penalties of High Treason Resolved upon the Question That the Lords and Commons do Declare That they will receive no more any Message from the King and do enjoyn that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament or to any other person Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. Die Lunae 17. Januarii 1647. Ordered by the Lords and Commons assembled in Parliament That this Declaration and these Resolutions be forthwith printed and published and that the several Knights of the Shires and Burgesses that serve for the several Towns and places do send Copies of the same to the several Counties and places It is further Ordered That whatsoever person shall act contrary to this Declaration and Resolutions of Parliament or shall incite or encourage others so to do shall upon due proof thereof be Imprisoned and his Estate Sequestred and the Offenders in the premisses after publication hereof shall be within the several Ordinances of Sequestration And all Committees and Commissioners of Sequestrations are hereby authorized and required to take notice hereof and to proceed to Sequestration accordingly Joh. Browne Cleric Parliamentorum H. Elsynge Cler. Parl. D. Com. His MAJESTIES Declaration in Answer to the Votes of No further Address Carisbrook-Castle 18. Jan. 1647. To all My People of whatsoever Nation Quality or Condition AM I thus laid aside and must I not speak for my self No I will speak and that to all my People which I would have rather done by the way of my two Houses of Parliament but that there is a publick Order neither to make Addresses to or receive Message from me And who but you can be judge of the Differences betwixt me and my two Houses I know none else for I am sure you it is who will enjoy the happiness or feel the misery of good or ill Government and we all pretend who shall run fastest to serve you without having a regard at least in the first place to particular Interests And therefore I desire you to consider the state I am and have been in this long time and whether my actions have more tended to the Publick or my own Particular good For whosoever will look upon upon me barely as I am a Man without that Liberty which the meanest of my Subjects enjoys of going whither and conversing with whom I will as a Husband and Father without the comfort of my Wife and Children or lastly as a King without the least shew of Authority or Power to protect my distressed Subjects must conclude me not onely void of all Natural Affection but also to want common Understanding if I should not most chearfully embrace the readiest way to the settlement of these distracted Kingdoms As also on the other side do but consider the Form and draught of the Bills lately presented unto Me and as they are the Conditions of a Treaty ye will conclude that the same spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace hath had a powerful influence on this Message for though I was ready to grant the Substance and comply with what they seem to desire yet as they had framed it I could not agree thereunto without deeply wounding my Conscience and Honour and betraying the Trust reposed in me by abandoning my People to the Arbitrary and unlimited power of the two Houses for ever for the levying and maintaining of Land or Sea-Forces without distinction of Quality or limitation for Money-Taxes And if I could have passed them in terms how unheard of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter How ineffectual were that
reforming both Universities and the Colleges of Westminster Winchester and Eaton His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants as is desired in your Propositions and also to an Act for the Education of the Children of Papists by Protestants in the Protestant Religion As also to an Act for the rrue levying of the Penalties against Papists to be levied and disposed in such manner as both Houses shall agree on and as is proposed on His Majesties behalf And also to an Act to prevent the practises of Papists against the State and for putting the Laws in execution and for a stricter course to prevent hearing and saying of Mass But as to the Covenant His Majesty is not yet therein satisfied that He can either sign or swear it or consent to impose it on the Consciences of others nor doth conceive it proper or useful at this time to be insisted on Touching the Militia His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm yet considering the present Distractions require more and trusting in His two Houses of Parliament that they will make no further use of the Power therein mentioned after the present Distempers setled than shall be agreeable to the Legal exercise thereof in times past or just necessity shall require His Majesty will consent to an Act of Parliament That the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled or such as they shall appoint during the space of ten years shall Arm Train and Discipline or cause to be Armed Trained or Disciplined all the Forces of the Kingdoms of England and Ireland and Dominion of Wales the Isles of Gernesey and Jersy and the Town of Berwick upon Tweed already raised both for Sea and Land-service and shall from time to time during the space of ten years raise levy arm train and discipline or cause to de raised levied armed trained and disciplined any other Forces for Land and Sea-service in the Kingdoms Dominions and places aforesaid as in their judgments they shall from time to time during the said space of ten years think fit to appoint And that neither the King His Heirs or Successors or any other but such as shall act by the Authority or approbation of the said Lords and Commons shall during the said space of ten years exercise any of the Powers aforesaid That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service and of the Navy and Forces for Sea-service in such sort and by such ways and means as the said Lords and Commons shall from time to time during the said space of ten years think fit and appoint and not otherwise That all the said Forces both for Land and Sea-service so raised or levied or to be raised or levied and also the Admiralty and Navy shall from time to time during the said space of ten years be imployed managed ordered and disposed by the Lords and Commons in such sort and by such ways and means as they shall think fit and appoint and not otherwise And the said Lords and Commons or such as they shall appoint during the said space of ten years shall have power 1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons to the disturbance of the Publick Peace of the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them 2. To suppress any Foreign Forces who shall invade or endeavour to invade the Kingdoms of England and Ireland Dominion of Wales the Isles of Gernesey and Jersey and the Town of Berwick upon Tweed or any of them And after the expiration of the said ten years neither the King His Heirs or Successors or any person or persons by colour or pretence of any Commission Power Deputation or Authority to be derived from the King His Heirs or Successors or any of them shall without the Consent of the said Lords and Commons raise arm train discipline employ order manage disband or dispose any the Forces by Sea or Land of the Kingdoms of England and Ireland the Dominion of Wales Isles of Gernesey and Jersey and the Town of Berwick upon Tweed nor exercise any of the said Powers or Authorities herein before mentioned and expressed to be during the space of ten years in the said Lords and Commons nor do any act or any thing concerning the execution of the said Powers or Authorities or any of them without the Consent of the said Lords and Commons first had and obtained And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice not being Military Officers as is set down in your Propositions And with a Declaration That if any persons shall be gathered and assembled together in a Warlike manner or otherwise to the number of thirty persons and shall not forthwith disperse themselves being require thereto by the said Lords and Commons or command from them or any by them especially authorized for that purpose then such person or persons not so dispersing themselves shall be guilty and incur the pains of High Treason being first declared guilty of such offence by the said Lords and Commons any Commission under the Great Seal or any other Warrant to the contrary notwithstanding And he or they that shall so offend herein to be uncapable of any Pardon from His Majesty His Heirs or Successors And likewise that it be provided that the City of London shall have and enjoy all their Rights Liberties c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition With these Provisoes following to be inserted in the said Act. First That none be compelled to serve in the Wars against their wills but in case of coming in of strange Enemies into this Kingdom And that the Powers above mentioned as concerning the Land-Forces other than for keeping up and maintenance of Forts and Garisons and the keeping up mantaining and pay of this present Army so long as it shall be thought fit by both Houses of Parliament be exercised to no other purposes than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms Dominions or places aforesaid And that the Monies be raised by general and equal Taxations saving that Tonnage and Poundage and such Imposts as have been applyed to the Navy be raised as hath been usual And that all Patents Commissions and other Acts concerning the Premisses be made and acted in His Majesties Name by Warrant signified by the Lords and Commons or
and quietness and shall I now neither enjoy them nor Peace Have not My Subjects formerly obeyed Me and shall I now be obedient to My Subjects Have I not been condemned for Evil Counsellors and shall I now be condemned for having no Counsel but God These are unutterable Miseries that the more I endeavour for Peace the less My endeavours are respected and how shall I know hereafter what to grant when your selves know not what to ask I refer it to your consciences whether I have not satisfied your desires in every particular since this Treaty if you find I have not then let Me bear the burthen of the fault but if I have given you ample satisfaction as I am sure I have then you are bound to vindicate Me from the fury of those whose thoughts are filled with blood though they pretend zeal yet they are but Wolves in Sheeps cloathing I must further declare that I conceive there is nothing can more obstruct the long-hoped-for peace of this Nation than the illegall proceedings of them that presume from Servants to become Masters and labour to bring in Democracy and to abolish Monarchy Needs must the total alteration of Fundamentals be not only destructlve to others but in conclusion to themselves for they that endeavour to rule by the Sword shall at last fall by it for Faction is the Mother of Ruine and it is the humour of those that are of this weather-cock-like disposition to love nothing but mutabilities neither will that please them but only pro tempore for too much variety doth but confound the senses and makes them still hate one folly and fall in love with another Time is the best cure for Faction for it will at length like a spreading leprosie infect the whole body of the Kingdom and make it so odious that at last they will hate themselves for love of that and like the Fish for love of the bait be catch'd with the hook I once more declare to all My loving Subjects and God knows whether or no this may be My last That I have earnestly laboured for Peace and that My thoughts were sincere and absolute without any sinister ends and there was nothing left undone by Me that My Conscience would permit me to do And I call God to witness that I do firmly conceive that the interposition of the Army that cloud of Malice hath altogether eclips'd the glory of that Peace which began again to shine in this Land And let the world judge whether it be expedient for an Army to contradict the Votes of a Kingdom endeavouring by pretending for Laws and Liberties to subvert both Such actions as these must produce strange consequences and set open the flood-gates of Ruin to overflow this Kingdom in a moment Had this Treaty been only Mine own seeking then they might have had fairer pretences to have stopt the course of it but I being importun'd by My two Houses and they by most part of the Kingdom could not but with a great deal of alacrity concurr with them in their desires for the performance of so commodious a work and I hope by this time that the hearts and eyes of My People are opened so much that they plainly discover who are the Underminers of this Treaty For Mine own part I here protest before the face of Heaven that Mine own Afflictions though they need no addition afflict Me not so much as My Peoples Sufferings for I know what to trust to already and they know not God comfort both them and Me and proportion our Patience to our Sufferings And when the Malice of Mine Enemies is spun out to the smallest thred let them know that I will by the grace of God be as contented to suffer as they are active to advance My Sufferings and Mine own Soul tells Me that the time will come when the very clouds shall drop down vengeance upon the heads of those that barricado themselves against the proceedings of of Peace for if God hath proclaimed a blessing to the Peace-makers needs must the Peace-breakers draw down curses upon their heads I thank My God I have armed My self against their Fury and now let the arrows of their Envy fly at Me I have a breast to receive them and a heart possest with Patience to sustain them for God is My Rock and My shield therefore I will not fear what man can do unto Me. I will expect the worst and if any thing happen beyond My expectation I will give God the glory for vain is the help of man THE END AN APPENDIX CONTAINING THE PAPERS WHICH PASSED BETWIXT HIS MAJESTY And the Divines which Attended the Commissioners of the TWO HOUSES at the TREATY at NEWPORT CONCERNING CHURCH-GOVERNMENT In this APPENDIX are contained I. His MAJESTIES Reason why He cannot in Conscience consent to abolish the Episcopal Government October 2. 1648. p. 612. II. The Answer of the Divines to His MAJESTIES Reason Octob. 3. ibid. III. His MAJESTIES Reply to their Paper Octob 6. p. 616. IV. The Rejoinder of the Divines to His MAJESTIES Reply Octob. 17. p. 621. V. His MAJESTIES Final Answer concerning Episcopacy Nov. 1. 1648. p. 634. I. His MAJESTIES Reason why He cannot in Conscience consent to abolish the Episcopal Government CHARLES R. I Conceive that Episcopal Government is most consonant to the Word of God and of Apostolical Institution as it appears by the Scripture to have been practised by the Apostles themselves and by them committed and derived to particular Persons as their Substitutes or Successors therein as for Ordaining Presbyters and Deacons giving Rules for Christian Discipline and exercising Censures over Presbyters and others and hath ever since till these last times been exercised by Bishops in all the Churches of Christ And therefore I cannot in Conscience consent to abolish the said Government Notwithstanding this My perswasion I shall be glad to be informed if our Saviour and the Apostles did so leave the Church at liberty as they might totally alter or change the Church-Government at their pleasure Which if you can make appear to Me then I will confess that one of My great Scruples is clean taken away And then there only remains That being by My Coronation-Oath obliged to maintain Episcopal Government as I found it setled to My hands Whether I may consent to the abolishing thereof until the same shall be evidenced to Me to be contrary to the Word of God Newport 2. Oct. 1648. II. An Humble Answer returned to Your Majesties Paper delivered to us Octob. 2. MDCXLVIII May it please Your Majesty WE do fully agree without hesitation That these Scriptures cited in the margin of Your Paper Acts xiv 23. Acts vi 6. 1 Cor. xvi 1. 1 Cor. xiv 1 Cor. v. 3. iii John 9 10. do prove that the Apostles did ordain Presbyters and Deacons give Rules concerning Christian Discipline and had power of exercising Censures over Presbyters and others
for example had Authority to perform such Acts and Offices of Church-Government as his Majesty hath not yet found by any thing represented unto Him by you or any other from the Scripture that a single Presbyter ever had authority to perform which is enough to prove that the Community of Names in some places notwithstanding the Functions themselves are in other places by their proper work sufficiently distinguished But for the Name Episcopus or Bishop His Majesty hath long since learned from those that are skilful in the Greek tongue that it imports properly no more than an Overseer one that hath the charge or inspection of some thing committed unto him as hee that is set to watch a Beacon or to keep Sheep whence in the New Testament and in the Ecclesiastical use it is applied to such persons as have the Care and Inspection of the Churches of Christ committed unto them in Spiritualibus as both Bishops and Presbyters have in some sort but with this difference that mere Presbyters are Episcopi gregis only they have the oversight of the Flock in the duties of Preaching Administration of Sacraments Publick Prayer Exhorting Rebuking c. but Bishops are Episcopi gregis and Pastorum too having the oversight of the Flock and Pastors within their several Precincts in the acts of external Government so that the common work of both Functions is the Ministry of the Gospel but that which is peculiar to the Function of Bishops as distinguished from Presbyters is Church-Government It is not therefore to be wondred if it should happen in the New Testament the word Episcopus to be usually applied unto Presbyters who were indeed Overseers of the flock rather than unto Church-Governors who had then another Title of greater Eminency whereby to distinguish them from ordinary Presbyters to wit that of Apostles But when the government of Churches came into the hands of their Successors the names were by common usage which is the best Master of words very soon appropriated that of Episcopus to the Ecclesiastical Governor or Bishop of a Diocese and that of Presbyter to the ordinary Minister or Priest His Majesty had rather cause to wonder That upon such premises you should conclude with so much confidence as if the point were rendred most clear to the Judgment of most men both ancient and of latter times That there is no such Officer to be found in the Scriptures of the New Testament as a Bishop distinct from a Presbyter whenas His Majesty remembreth to have seen cited by such Authors as He hath no reason to suspect both out of the ancient Fathers and Councils and out of sundry modern Writers even of those Reformed Churches that want Bishops great variety of Testimonies to the contrary His Majesty is not satisfied with your Answer concerning the Apostles exercise of Episcopal Government which you would put off by referring it to their extraordinary Calling Our Saviour himself was the first and chief Apostle and Bishop of our Souls sent by the Father and Anointed by the Holy Ghost to be both the Teacher and the Governour of his Church By that Mission he receiv'd Authority and by his Unction ability for those works which he performed in his own person whilst he lived upon the earth Before he left the world that the Church might not want Teaching and Governing to the worlds end he chose certain persons upon whom he conferred both these Powers whereby they became also Apostles and Bishops by making them partakers both of his Mission before his Ascension As my Father sent me so send I you and of his Vnction shortly after his Ascension when he poured upon them the Holy Ghost at Pentecost The Mission both for teaching and governing at least for the substance of it was ordinary and to continue to the end of the world Matt. xxviii 18 20. and therefore necessarily to descend and be by them transmitted to others as their Substitutes and Successors But the Vnction whereby they were enabled to both Offices or Functions by the effusion of the Holy Ghost in such a plenteous measure of Knowledg Tongues Miracles Prophecyings Healing Infallibility of Doctrine discerning of spirits and such like was indeed extraordinary in them and in some few others though in an inferiour measure as God saw it needful for the planting of the Churches and propagation of the Gospel in those Primitive times and in this which was indeed extraordinary in them they were not necessarily to have Successors But it seems very unreasonable to attribute the exercise of that Power whether of Teaching or Governing to an extraordinary calling which being of necessary and continual use in the Church must therefore of necessity be the work of a Function of ordinary and perpetual use Therefore the Acts of Governing of the Church were no more nor otherwise extraordinary in the Apostles than the Acts of Teaching the Church were that is to say both extraordinary for the manner of performance in respect of their more than ordinary abilities for the same and yet both ordinary for the substance of the Offices themselves and the works to be performed therein and in these two ordinary Offices their ordinary Successors are Presbyters and Bishops Presbyters qua Presbyters immediately succeeding them in the Office of Teaching and Bishops qua Bishops immediately in the Office of Governing The instances of Timothy and Titus you likewise endeavour to avoid by the pretension of an extraordinary calling But in this Answer besides the insufficiency thereof if all that is said therein could be proved His Majesty findeth very little satisfaction 1. First you say that Timothy and Titus were by Office Evangelists whereas of Titus the Scriptures no where affirm any such thing at all and by your own Rule your Authority without Scripture will beget if that but a humane Faith neither doth the Text clearly Prove that Timothy was so 2. Setting aside mens conjectures which can breed but an humane Faith neither you cannot make it appear by any Text of Scripture that the Office of an Evangelist is such as you have described it The work of an Evangelist which Saint Paul exhorteth Timothy to do seems by the Context 2 Tim iv 5. to be nothing but diligence in preaching the Word notwithstanding all impediments and oppositions 3. That which you so confidently affirm That Timothy and Titus acted as Evangelists is not onely denyed but clearly refuted by Scultetus Gerard and others yea even with scorn rejected of late as His Majesty is informed by some rigid Presbyterians as Gillespy Rutherford c. And that which you so confidently deny that Timothy and Titus were Bishops is not onely confirmed by the consentient testimony of all Antiquity even Jerome himself having recorded it that they were Bishops and that of St. Paul's ordination and acknowledged by very many late Divines but a Catalogue also of 27. Bishops of Ephesus lineally succeeding from Timothy our of good records is vouched by
Scripture-Original of a Bishop which is declared against by a cloud of Witnesses named in the latter end of our former Answer unto which we should refer if matter of right were not properly triable by Scripture as matter of Fact is by Testimony We said that the Apostles were the highest Order of Officers of the Church that they were extraordinary that they were distinguisht from all other Officers and that their Government was not Episcopal but Apostolical To which Answer Your Majesty being not satisfied doth oppose certain Assertions That Christ himself and the Apostles received their Authority by Mission their Ability by Vnction That the Mission of the Apostles was ordinary and to continue to the end of the World but the Vnction whereby they were enabled to both Offices and Functions Teaching and Governing was indeed extraordinary That in their Vnction they were not necessarily to have Successors but necessarily in their Mission or Office of Teaching and Governing That in these two ordinary Offices their ordinary Successors are Presbyters and Bishops That Presbyters qua Presbyters do immediately succeed them in the Office of Teaching and Bishops qua Bishops immediately in the Office of Governing the demonstration of which last alone would have carried in it more conviction than all these Assertions put together Officers are distinguished by that whereby they are constituted their Commission which being produced signed by one place of Scripture gives surer evidence than a Pedigree drawn forth by such a series of distinctions as do not distinguish him into another Officer from a Presbyter Whether this chain of distinction be strong and the links of it sufficiently tackt together we crave leave to examine Christ saith Your Majesty was the Apostle and Bishop of our Souls and he made the Apostles both Apostles and Bishops We do not conceive that Your Majesty means that the Apostles succeeded Christ as the chief Apostle and that as Bishops they succeed Christ as a Bishop lest thereby Christ his Mission as an Apostle and Bishop might be conceived as ordinary as their Mission is said to be but we apprehend Your Majesty to mean that the Office of Apostle and Bishop was eminently contained in Christs Office as the Office of a Bishop was eminently contained in that of Apostleship but thence it will not follow that inferior Offices being contained in the superior eminently are therefore existent in it formally For because all Honours and Dignities are eminently contained in Your Majesty would it therefore follow that Your Majesty is formally and distinctly a Baron of the Realm as it is asserted the Apostles to have been Bishops in distinct sense That Mission refers to Office and Authority and Vnction only to Ability we cannot consent for besides that the breathing of Christ upon his Disciples saying Receive ye the Holy Ghost doth refer to mission as well as unction we conceive that in the proper anointing of Kings or other Officers the natural use and effect of the oil upon the body was not so much intended as the solemn and ceremonious use of it in the Inauguration of them So there is relation to Office in unction as well as to conferring of abilities else how are Kings or Priests or Prophets said to be anointed And what good sense could be made of that expression in Scripture of anointing one in anothers room To omit that Christ by this construction should be called the Messias in respect of Abilities only And although we should grant Your Majesties explication of Mission and Vnction yet it will not follow that the mission of the Apostles was ordinary and their unction only extraordinary That into which there is succession was ordinary that into which there is no succession for succession is not unto abilities or gifts extraordinary and so the Apostles were ordinary Officers in all whereunto there is properly any succession and that is Office They differed from Bishops in that wherein one Apostle or Officer of the same order might differ from another to wit in abilities and measure of Spirit but not in that wherein one order of Officers is above another by their Office To which we cannot give consent For since no man is denominated an Officer from his meer abilities or gifts so neither can the Apostles be called extraordinary Officers because of extraordinary gifts but that the Apostles Mission and Office as their abilities was extraordinary and temporary doth appear in that it was by immediate Commission from Christ without any intervention of men either in Election or Ordination for planting an authoritative governing of all Churches through the World comprehending in it all other Officers of the Church whatsoever and therefore it seems to us very unreasonable that the Office and Authority of the Apostles should be drawn down to an ordinary thereby to make it as it were a fit stock into which the ordinary Office of a Bishop may be ingrafted nor doth the continuance of Teaching and Governing in the Church more render the Office of teaching and governing in the Apostles an ordinary Office than the Office of teaching and governing in Christ himself renders his Office therefore ordinary The reason given That the Office of Teaching and Governing was ordinary in the Apostles because of the continuance of them in the Church we crave leave to say is that great mistake which runs through the whole file of Your Majesties Discourse for tho there be a Succession in the Work of Teaching and Governing yet there is no Succession in the Commission or Office by which the Apostles performed them for the Office of Christ of Apostles of Evangelists or Prophets is thence also concluded ordinary as to Teaching and Governing and the distinction of Offices Extraordinary and Ordinary eatenus destroyed The Succession may be into the same Work not into the same Commission and Office The ordinary Officers which are to manage the work of Teaching and Government are constituted settled and limited by warrant of Scripture as by another Commission than that which the Apostles had And if Your Majesty had shewn us some Record out of Scripture warranting the division of the Office of Teaching and Governing into two hands and the appropriation of Teaching to Presbyters of Governing to Bishops the question had been determined otherwise we must look upon the dissolving of the Apostolical Office and distribution of it into these two hands as the dictate of men who have a mind by such a precarious Argument to challenge to themselves the Keys of Authority and leave the Word to the Presbyters In our answer to the instances of Timothy and Titus which Doctor Bilson acknowledgeth to be the main erection of Episcopal power if the proof of their being Bishops do stand or subversion if the answer that they were Evangelists be good Your Majesty finds very little satisfaction though all that is said therein could be proved First because the Scriptures no where imply any such thing at all that Titus was an Evangelist
Thou by my own Subjects strip Me of my strength and eclipse my glory But shew thy self O my hope and only refuge Let not mine Enemies say There is no help for him in his God Hold up my goings in thy paths that my footsteps slip not Keep Me as the apple of thine eye hide Me under the shadow of thy wings Shew thy marvellous loving-kindness O Thou that savest by thy right hand them that put their trust in Thee from those that rise up against them From the wicked that oppress Me from my deadly enemies that compass Me about Shew Me the path of life In thy presence is fulness of joy at thy right hand there are pleasures for evermore XI Vpon the Nineteen Propositions first sent to the KING and more afterwards ALtho there be many things they demand yet if these be all I am glad to see at what price they set My own safety and My Peoples peace which I cannot think I buy at too dear a rate save only the parting with My Conscience and Honour If nothing else will satisfie I must chuse rather to be as miserable and inglorious as My Enemies can make or wish Me. Some things here propounded to Me have been offered by Me others are easily granted The rest I think ought not to be obtruded upon Me with the point of the Sword nor urged with the injuries of a War when I have already declared that I cannot yield to them without violating my Conscience 'T is strange there can be no method of Peace but by making War upon my Soul Here are many things required of Me but I see nothing offer'd to Me by the way of grateful exchange of Honour or any requital for those Favours I have or can yet grant them This Honour they do Me to put Me on the giving part which is more Princely and Divine They cannot ask more than I can give may I but reserve to My self the incommunicable Jewel of my Conscience and not be forced to part with that whose loss nothing can repair or requite Some things which they are pleased to propound seem unreasonable to Me and while I have any mastery of my Reason how can they think I can consent to them who know they are such as are inconsistent with being either a King or a good Christian My yielding so much as I have already makes some men confident I will deny nothing The love I have of my Peoples Peace hath indeed great influence upon Me but the love of Truth and inward Peace hath more Should I grant some things they require I should not so much weaken my outward state of a King as wound that inward quiet of my Conscience which ought to be is and ever shall be by Gods grace dearer to Me than my Kingdoms Some things which a King might approve yet in Honour and Policy are at some time to be denied to some men lest he should seem not to dare to deny any thing and give too much incouragement to unreasonable demands and importunities But to bind My self to a general and implicit consent to whatever they shall desire or propound for such is one of their Propositions were such a latitude of blind obedience as never was expected from any Freeman nor fit to be required of any man much less of a King by his own Subjects any of whom he may possibly exceed as much in Wisdom as he doth in Place and Power This were as if Sampson should have consented not only to bind his own hands and cut off his hair but to put out his own eyes that the Philistines might with the more safety mock and abuse him which they chose rather to do than quite to destroy him when he was become so tame an object and fit occasion for their sport and scorn Certainly to exclude all power of denial seems an arrogancy least of all becoming those who pretend to make their Addresses in an humble and loyal way of petitioning who by that sufficiently confess their own inferiority which obligeth them to rest if not satisfied yet quietted with such an answer as the will and reason of their Superior thinks fit to give who is acknowledged to have a freedom and power of Reason to consent or dissent else it were very foolish and absurd to ask what another having not liberty to deny neither hath power to grant But if this be My right belonging to Me in Reason as a Man and in Honour as a Soveraign King as undoubtedly it doth how can it be other than extreme injury to confine my Reason to a necessity of granting all they have a mind to ask whose minds may be as differing from Mine both in Reason and Honour as their aims my be and their qualities are which last God and the Laws have sufficiently distinguisht making Me their Soveraign and them My Subjects whose Propositions may soon prove violent Oppositions if once they gain to be necessary Impositions upon the Regal Authority since no man seeks to limit and confine his King in Reason who hath not a secret aim to share with him or usurp upon him in Power and Dominion But they would have Me trust to their moderation and abandon Mine own discretion that so I might verifie what representations some have made of Me to the world that I am fitter to be their Pupil than their Prince Truly I am not so confident of My own sufficiency as not willingly to admit the Counsel of others But yet I am not so diffident of my self as bruitishly to submit to any mens dictates and at once to betray the Soveraignty of Reason in My Soul and the Majesty of my own Crown to any of My Subjects Least of all have I any ground of credulity to induce Me fully to submit to all the desires of those men who will not admit or do refuse and neglect to vindicate the freedom of their own and others sitting and voting in Parliament Besides all men that know them know this how young Statesmen the most part of these propounders are so that till experience of one seven years hath shewed Me how well they can Govern Themselves and so much Power as is wrested from Me I should be very foolish indeed and unfaithful in my Trust to put the reins of both Reason and Government wholly out of my own into their hands whose driving is already too much like Jehu's and whose forwardness to ascend the throne of Supremacy portends more of Phaeton than of Phoebus God divert the Omen if it be his will They may remember that at best they sit in Parliament as my Subjects not my Superiors called to be my Counsellors not Dictators Their Summons extends to recommend their Advice not to command My Duty When I first heard of Propositions to be sent me I expected either some good Laws which had been antiquated by the course of time or overlaid by the corruption of manners had been desired to a restauration of their
noise of my Evil Counsellors was another useful device for those who were impatient any mens counsels but their own should be followed in Church or State who were so eager in giving Me better counsel that they would not give Me leave to take it with Freedom as a Man or Honour as a King making their counsels more like a Drench that must be poured down than a Draught which might be fairly and leisurely drank if I liked it I will not justifie beyond humane errors and frailties My self or my Counsellors They might be subject to some Miscarriages yet such as were far more reparable by second and better thoughts than those enormous Extravagances wherewith some men have now even wildred and almost quite lost both Church and State The event of things at last will make it evident to my Subjects that had I followed the worst counsels that My worst Counsellors ever had the boldness to offer to Me or My self any inclination to use I could not so soon have brought both Church and State in Three flourishing Kingdoms to such a Chaos of Confusions and Hell of Miseries as some have done out of which they cannot or will not in the midst of their many great advantages redeem either Me or my Subjects No men were more willing to complain than I was to redress what I saw in Reason was either done or advised amiss and this I thought I had done even beyond the expectation of moderate men who were sorry to see Me prone even to injure My self out of a Zeal to relieve my Subjects But other mens insatiable desire of Revenge upon Me My Court and My Clergy hath wholly beguiled both Church and State of the benefit of all my either Retractations or Concessions and withal hath deprived all those now so zealous Persecutors both of the comfort and reward of their former pretended Persecutions wherein they so much gloried among the Vulgar and which indeed a truly-humble Christian will so highly prize as rather not to be relieved than be revenged so as to be bereaved of that Crown of Christian Patience which attends humble and injured Sufferers Another artifice used to withdraw My Peoples Affections from Me to their designs was The noise and ostentation of Liberty which men are not more prone to desire than unapt to bear in the Popular sense which is to do what every man liketh best If the divinest Liberty be to will what men should and to do what they so will according to Reason Laws and Religion I envy not my Subjects that Liberty which is all I desire to enjoy My self so far am I from the desire of oppressing theirs Nor were those Lords and Gentlemen which assisted Me so prodigal of their Liberties as with their Lives and Fortunes to help on the enslaving of Themselves and their Posterities As to Civil Immunities none but such as desire to drive on their Ambitious and Covetous Designs over the Ruines of Church and State Prince Peers and People will ever desire greater Freedoms than the Laws allow whose bounds good men count their Ornament and Protection others their Manacles and Oppression Nor is it just any man should expect the Reward and Benefit of the Law who despiseth its Rule and Direction losing justly his Safety while he seeks an unreasonable Liberty Time will best inform my Subjects that those are the best preservers of their true Liberties who allow themselves the least licentiousness against or beyond the Laws They will feel it at last to their cost that it is impossible those men should be really tender of their fellow-Subjects Liberties who have the hardiness to use their King with so severe restraints against all Laws both Divine and Humane under which yet I will rather perish than complain to those who want nothing to compleat their mirth and Triumph but such Musick In point of true Conscientious Tenderness attended with Humility and Meekness not with proud and arrogant activity which seeks to hatch every egg of different opinion to a Faction or Schism I have oft declared how little I desire my Laws and Scepter should intrench on Gods Soveraignty which is the only King of mens Consciences and yet He hath laid such restraints upon men as commands them to be subject for Conscience sake giving no men liberty to break the Law established further than with Meekness and Patience they are content to suffer the Penalties annexed rather than perturb the publick Peace The truth is some mens thirst after Novelties others despair to relieve the necessities of their Fortunes or satisfie their Ambition in Peaceable times distrusting Gods Providence as well as their own Merits were the secret but principal impulsives to these Popular Commotions by which Subjects have been perswaded to expend much of those plentiful Estates they got and enjoyed under My Government in peaceable times which yet must now be blasted with all the odious Reproaches which impotent Malice can invent and My self exposed to all those Contempts which may most diminish the Majesty of a King and encrease the ungrateful insolences of my People For mine Honour I am well assured that as mine Innocency is clear before God in point of any Calumnies they object so My Reputation shall like the Sun after Owls and Bats have had their freedom in the night and darker times rise and recover it self to such a degree of splendor as those feral Birds shall be grieved to behold and unable to bear For never were any Princes more glorious than those whom God hath suffer'd to be tried in the furnace of Afflictions by their injurious Subjects And who knows but the just and merciful God will do Me good for some mens hard false and evil speeches against Me Wherein they speak rather what they wish than what they believe or know Nor can I suffer so much in point of Honour by those rude and scandalous Pamphlets which like fire in great Conflagrations flie up and down to set all places on like flames as those men do who pretending to so much Piety are so forgetful of their duty to God and Me by no way ever vindicating the Majesty of their KING against any of those who contrary to the precept of God and precedent of Angels speak evil of dignities and bring railing accusations against those who are honoured with the name of Gods But 't is no wonder if men not fearing GOD should not Honour their KING They will easily contemn such shadows of God who reverence not that Supreme and adorable Majesty in comparison of whom all the Glory of Men and Angels is but obscurity yet hath he graven such Characters of Divine Authority and Sacred power upon Kings as none may without sin seek to blot them out Nor shall their black veils be able to hide the shining of My face while God gives Me a heart frequently and humbly to converse with him from whom alone are all the irradiations of true Glory and Majesty Thou O Lord knowest
or be taken away from honest men in possession but as much profit as you will With this last you are only to acquaint Richmond Southampton Culpepper and Hide XXIV To the QUEEN OXFORD Feb. 15. 25. MDCXLIV V. Dear Heart 20. THE expectation of an Express from Thee as I find by Thine of the 4. Febr. is very good news to Me as likewise that Thou art now well satisfied with My diligence in Writing As for our Treaty there is every day less hopes than other that it will produce a Peace But I will absolutely promise Thee that if we have one it shall be such as shall invite Thy return for I avow that without thy company I can neither have peace nor comfort within My self The limited days for treating are now almost expired without the least agreement upon any one Article wherefore I have sent for enlargement of days that the whole Treaty may be laid open to the world And I assure Thee that Thou needest not doubt the issue of this Treaty for My Commissioners are so well chosen though I say it that they will neither be threatned nor disputed from the grounds I have given them which upon My word is according to the little Note Thou so well remembrest And in this not only their obedience but their judgments concur I confess in some respects Thou hast reason to bid Me beware of going too soon to London for indeed some amongst us had a greater mind that way than was fit of which perswasion Percy is one of the chief who is shortly like to see Thee of whom having said this is enough to shew Thee how he is to be trusted or believed by Thee concerning our proceedings here In short there is little or no appearance but that this Summer will be the hottest for War of any that hath been yet And be confident that in making Peace I shall ever shew My constancy in adhering to Bishops and all our Friends and not forget to put a short period to this perpetual Parliament But as Thou lovest Me let none perswade Thee to slacken Thine assistance for Him who is eternally Thine C. R. Oxford 15. 25. Feb. 1644. 5. 3. 20. To My Wife 15. Feb. 1645. by P. A. XXV To the Marquess of ORMOND OXFORD 16 Feb. MDCXLIV Ormond I Should wrong My own service and this Gentleman Sir Timothy Fetherston if I did not recommend him and his business to you for the particulars of which I refer you to Digby And now again I cannot but mention to you the necessity of hastening of the Irish Peace for which I hope you are already furnished by Me with materials sufficient But in case against all expectation and reason Peace cannot be had upon those terms you must not by any means fall to a new rupture with them but continue the Cessation according to a Postscript in a Letter by Jack Barry a Copy of which Dispatch I herewith send you So I rest POSTSCRIPT In case upon particular mens fancies the Irish Peace should not be procured upon powers I have already given you I have thought good to give you this further Order which I hope will prove needless to seek to renew the Cessation for a year for which you shall promise the Irish if you can have it no cheaper to joyn with them against the Scots and Inchequin for I hope by that time My condition may be such as the Irish may be glad to accept less or I be able to grant more XXVI To the QUEEN OXFORD 19. Feb. MDCXLIV V. 21. Oxford 19. Feb. Old style DEAR Heart I cannot yet send Thee any certain word concerning the issue of our Treaty only the unreasonable stubbornness of the Rebels gives daily less and less hopes of any accommodation this way wherefore I hope no rumours shall hinder Thee from hastning all Thou mayest all possible assistance to Me and particularly that of the D. of Lorrain's concerning which I received yesterday good news from Dr Goffe that the P. of Orange will furnish Shipping for his Transportation and that the rest of his Negotiation goes hopefully on by which and many other ways I find Thy affection so accompanied with dexterity as I know not whether in their several kinds to esteem most But I will say no more of this lest Thou mayest think that I pretend to do this way what is but possible to be done by the continued actions of My Life Though I leave news to others yet I cannot but tell Thee that even now I have received certain intelligence of a great defeat given to Argyle by Montross who upon surprize totally routed those Rebels killed 1500 upon the place Yesterday I received Thine of 27. Jan. by the Portugal Agent the only way but Expresses I am confident on either to receive Letters from Thee or to send them to Thee Indeed Sabrian sent Me word yesterday besides some Complements of the Imbargo of the Rebels Ships in France which I likewise put upon Thy score of kindness but is well enough content that the Portugal should be charged with Thy Dispatches As for trusting the Rebels either by going to London or disbanding My Army before a Peace do no ways fear my hazarding so cheaply or foolishly for I esteem the interest Thou hast in Me at a far dearer rate and pretend to have a little more wit at least by the Sympathy that is betwixt Us than to put My self into the reverence of perfidious Rebels So impatiently expecting the Express Thou hast promised Me I rest eternally Thine I can now assure Thee that Hertogen the Irish Agent is an arrant knave which shall be made manifest to Thee by the first opportunity of sending Pacquets 11. 21. To My Wife 19 Feb. 1645. by P. A. XXVII To the Marquess of ORMOND OXFORD Feb. 27. MDCXLIV V. Ormond THE impossibility of preserving My Protestant Subjects in Ireland by a continuation of the War having moved Me to give you those powers and directions which I have formerly done for the concluding of a Peace there and the same growing daily much more evident that alone were reason enough for Me to enlarge your powers and to make My commands in the point more positive But besides these considerations it being now manifest that the English Rebels have as far as in them lies given the command of Ireland to the Scots that their aim is a total subversion of Religion and Regal Power and that nothing less will content them or purchase Peace here I think My self bound in Conscience not to let slip the means of setling that Kingdom if it may be fully under My obedience nor to lose that assistance which I may hope from My Irish Subjects for such scruples as in a less pressing condition might reasonably be stuck at by Me. For their satisfaction I do therefore command you to conclude a Peace with the Irish whatever it cost so that My Protestant Subjects there may be secured and my Regal Authority preserved But
for all this you are to make Me the best bargain you can and not discover your inlargement of power till you needs must And though I leave the managing of this great and necessary work entirely to you yet I cannot but tell you that if the suspension of Poining's Act for such Bills as shall be agreed upon between you there and the present taking away of the Penal Laws against Papists by a Law will do it I shall not think it a hard bargain so that freely and vigorously they engage themselves in My assistance against My Rebels of England and Scotland for which no conditions can be too hard not being against Conscience or Honour Copie to Ormond 27. February 1644. 5. XXVIII To the QUEEN OXFORD Mar. 5. MDCXLIV V. Dear Heart NOW is come to pass what I foresaw the fruitless end as to a present Peace of this Treaty but I am still confident that I shall find very good effects of it For besides that My Commissioners have offered to say no more full-measured reason and the Rebels have stucken rigidly their demands which I dare say had been too much though they had taken Me Prisoner so that assuredly the breach will light foully upon them We have likewise at this time discovered and shall make it evidently appear to the world that the English Rebels whether basely or ignorantly will be no very great difference have as much as in them lies transmitted the Command of Ireland from the Crown of England to the Scots which besides the reflection it will have upon these Rebels will clearly shew that Reformation of the Church is not the chief much less the only end of the Scotch Rebellion But it being presumption and no piety so to trust to a good Cause as not to use all lawful means to maintain it I have thought of one means more to furnish Thee with for My assistance than hitherto Thou hast had It is that I give Thee power to promise in My Name to whom thou thinkest most fit that I will take away all the Penal Laws against the Roman Catholicks in England as soon as God shall make Me able to do it so as by their means or in their favours I may have so powerful assistance as may deserve so great a favour and enable Me to do it But if Thou ask what I call that assistance I answer that when Thou knowest what may be done for it it will be easily seen if it deserve to be so esteemed I need not tell Thee what secrecy this business requires yet this I will say that this is the greatest point of confidence I can express to Thee for it is no thanks to Me to trust Thee in any thing else but in this which is the only thing of difference in opinion betwixt Us. And yet I know Thou wilt make as good a bargain for Me even in this I trusting thee though it concern Religion as if Thou wert a Protestant the visible good of My Affairs so much depending on it I have so fully instructed this Bearer Pooly that I will not say more to Thee now but that herewith I send Thee a new Cypher assuring Thee that none hath or shall have any Copy of it but My self to the end Thou mayest use it when Thou shalt find fit to write any thing which Thou wilt judge worthy of Thy pains to put in Cypher and to be decyphered by none but Me and so likewise from Him to Thee who is eternally Thine 20. 23. To My Wife the 5. March 1644. 5. by Pooly XXIX To the QUEEN OXFORD 13 March Old style Dear Heart WHAT I told thee last Week concerning a good parting with our Lords and Commons here was on Monday last handsomly performed and now if I do any thing unhandsom or disadvantageous to My self or Friends in order to a Treaty it will be meerly My own Fault For I confess when I wrote last I was in fear to have been pressed to make some mean overtures to renew the Treaty knowing that there were great labourings to that purpose but now I promise Thee if it be renewed which I believe will not without some eminent good success on My side it shall be to My honour and advantage I being now as well freed from the place of base and mutinous motions that is to say our Mungrel Parliament here as of the chief causers for whom I may justly expect to be chidden by Thee for having suffered Thee to be vexed by them Wilmot being already there Percy on his way and Sussex within few daies taking his journey to Thee but that I know thou carest not for a little trouble to free Me from great inconveniences Yet I must tell Thee that if I knew not the perfect stediness of Thy love to Me I might reasonably apprehend that their repair to Thee would rather prove a change than an end of their Villanies and I cannot deny but My confidence in Thee was some cause of this permissive trouble to Thee I have received Thine of the third of March by which Thou puttest Me in hope of assistance of men and money and it is no little expression of Thy love to Me that because of My business Festivals are troublesome to Thee but I see that Assemblies in no Countries are very agreeable to Thee and it may be done a purpose to make Thee weary of their companies and excuse Me to tell Thee in earnest that it is no wonder that mere Statesmen should desire to be rid of Thee Therefore I desire Thee to think whether it would not advantage Thee much to make a personal Friendship with the Queen Regent without shewing any distrust of Her Ministers though not wholly trusting to them and to shew Her that when Her Regency comes out and possibly before She may have need of Her Friends so that She shall but serve Her self by helping of Thee and to say no more but certainly if this Rebellion had not begun to oppress Me when it did a late great Queen had ended more glorious than She did In the last place I desire Thee to give Me a weekly account of Thy health for I fear lest in that alone Thou takest not care enough to express Thy kindness to Him who is eternally Thine The Northern news is rather better than what we first heard for what by Sir Langdale's and Montross's Victories Carlisle and the rest of our Northern Garrisons are relieved and we hope for this year secured and besides all this the Northern Horse are already returned and joyned with My Nephew Rupert To My Wife 13. March 1644. 5. by P. A. XXX To the QUEEN OXFORD Thursday 20. March Dear Heart UPON Saturday last I wrote to Thee by Sabran but this I believe may come as soon to Thee and I have received Thine of the seventh upon Monday last which gave Me great contentment both in present and expectation the quick passage being likewise a welcome circumstance and yet I
be applied to them as inferior Pastors in relation to their Flocks under their charge and oversight the Flock being in both the places expresly mentioned which hindreth not but that the same words may in a more particular manner be appropriated to Bishops in respect of that Authority and oversight they have even over Presbyters themselves also That still granting your own interpretation of the word Bishop in that place to Titus it can prove no more than that the two names in that place are given to the same Function That from all the Premisses in your Paper there laid together and supposed true His Majesty doth not conceive it justly proved That the Office of a Bishop and Presbyter is wholly the same but at the most That the Offices were not in those places distinguished by those Names Thirdly if the Assignment of any particular Qualification work or duty unto a Bishop distinct from a Presbyter by the Scripture would as you say put this question near to an issue His Majesty should well have hoped that it might soon be brought to a near point and that from the evidence of the Epistles onely of St. Paul to Timothy wherein as he particulary expresseth the qualification work and duty of Presbyters and Deacons that Timothy might know what persons were fit to be ordained unto those Offices so in the directions given to Timothy throughout those Epistles he sufficiently describeth the qualification work and duty of a Bishop that Timothy might know how to behave himself in the exercise of his Episcopal Office as well in Ordaining as in Governing the Church As to the signification of the word Episcopus the primary signification thereof and the application of it to Church-Officers you acknowledge and that the same was after by Ecclesiastical usage appropriated to Bishops you deny not But the distinction of Episcopus Gregis and Episcopus Pastorum you do not allow If you disallow it for the unfitness of the word as may seem by that passage where you say that His Majesty hath said that Episcopus signifieth a Keeper of Shepherds His Majesty thinketh you might very well have spared that exception For if there be a person that hath the oversight of many Shepherds under him there is no more impropriety in giving such a person the style of Episcopus Pastorum than there is in using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or in calling Doeg the Master of Saul's Herdsmen And for the thing it self it cannot be denied but that the Apostles and Timothy and Titus by what claim ordinary or extraordinary as to the present business it matters not had the oversight and authority over many Pastors and were therefore truly and really Episcopi Pastorum The appropriation of the names of Episcopus and Presbyter to these distinct Offices considering that it was done so early and received so universally in the Church as by the writings of Clemens Ignatius the Canons commonly called of the Apostles and other ancient evidences doth appear His Majesty hath great reason to believe that it was done by consent of the Primitive Bishops merely in honour of the Apostles out of their respect and reverence to whose persons and personal Prerogatives they chose to call themselves Bishops rather than Apostles in common usage although they made no scruple to maintain their succession from the Apostles when they spake of things proper to their Episcopal Function nor to use upon occasion the terms of Apostle and Apostolical in that sense The truth of all which is to be seen frequently in the writings of the Ancients The Testimonies of so many Writers ancient and modern as have been produced for the Scripture-original of Bishops His Majesty conceiveth to be of so great importance in a question of this nature that He thinks himself bound both in Charity and Reason to believe that so many men of such quality would not have asserted the same with so much confidence but upon very good ground The Men respectively of high estimation and reverend authority in the Church worthily renowned for their Learning and Piety of moderate and even Passions of Orthodox belief sundry of them uninteressed in the Quarrel and some of them of later times by interest and education byassed the other way Their assertions positive peremptory and full of assurances Constat nemo ignorat it is clear none can be ignorant and other such like expressions namely That Christ constituted Bishops in the Apostles That it was founded upon a divine Law That Episcopacy is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ordinance of God That it seemed good to the Holy Ghost so to order it c. Insomuch as they accounted Aerius an Heretick for holding the contrary And this their Judgment they delivered as led thereunto by evidence of Scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God's Word teacheth it apertis Scripturae testimoniis it appeareth by plain testimonies of Scripture discimus ex hoc loco from this place we learn and the like Which testimonies should they be encountred as His Majesty doth not yet believe they can be with a cloud of Witnesses to the contrary for number and in every other respect equal thereunto yet should not the Authority of their evidence in reason be much lessened thereby inasmuch as one Witness for the Affirmative ought to be of more value than ten for the Negative and the testimony of one person that is not interessed than of an hundred that are And whereas you seem in this Question to decline this kind of trial because matter of Right is properly triable by Scripture His Majesty conceiveth this present Question in what terms soever proposed to be yet in the true stating of it and in the last Resolution clearly a Question of Fact and not of Right For what Right soever the Bishops have or pretend to have must be derived from the Fact of Christ or his Apostles Which matter of Fact if it be not in the most plain Historical manner that may be related in the Scriptures but is to be deduced thence by topical remote inferences and probability of Conjectures the most rational and proper expedient for the finding out of the Right is to have recourse to the Judgment but especially to the Practice of the nearest and subsequent times according to the received Maxims Lex currit cum Praxi Consuetudo optimus interpres Legum Now he that shall find by all the best Records extant that the distinction of Bishops from and the Superiority over Presbyters was so universally and speedily spread over the face of the whole World and their Government submitted unto so unanimously by the Presbyters that there never was any considerable opposition made there-against before Aerius and that cryed down as an Heresie nor since till this last Age and shall duly consider withal that if Episcopal Government had not then been conceived to have had its institution from the Authority of Christ or his Apostles or if any other form of