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A91130
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The protestation taken by the commissioners of Cornwall and Devon, at Stone-house neare Plymouth, on the 5. of March. 1642. With their propositions, replies and answers.
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1642
(1642)
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Wing P3872; Thomason E94_21; ESTC R9019
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5,259
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16
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THE PROTESTATION Taken by The Commissioners OF CORNWALL and DEVON at Stone-House neare Plymoth on the 5. of MARCH 1642. WITH Their PROPOSITIONS REPLIES and ANSWERS Printed in the yeare 1642. The Protestation Taken by the Commissioners of Cornwall and Devon at Stone-house near PLYMOUTH on the fifth of March 1642. With their PROPOSITIONS REPLIES and ANSWERS I A. B. solemnly Vow and Protest in the presence of Almighty God that I did not only come a Commissioner into this Treaty with a hearty and fervent desire of concluding on honourable and firm peace between the two Counties of Cornwall and Devon but also will to the utmost of my power prosecute and really endeavour to accomplish and effect the same by all the lawfull wayes and means I possibly can first by maintaining the Protestant Religion established by Law in the Church of England the just Rights and Prerogatives of our Soveraigne Lord the King the just Priviledges and Freedome of Parliament together with the liberty of the Subject and that I am without any intention by fomenting this unnaturall Warre to gaine or hope to advantage my self with the reall or personall estate of any person whatsoever or obtaining any office command title of Honour benefit or reward either from the Kings Majesty or both or either Houses of Parliament now assembled And this I take in the presence of Almighty God and as I shall answer the same at his Tribunall according to the literall sence and meaning of the foregoing words without any equivocation Mentall reservation or Evasion whatsoever so help me God Articles propounded by the Commissioners of Cornwall and Devon THat it may clearly appeare to all the world who are the faithfull followers of the Protestation by us taken and sworne and by the Evangelist confirmed by the receiving of the holy Sacrament And who that breaks we desire that the said Protestation together with the Articles may be freely and truly published in all the the parish Churches and all the Market townes upon their Market dayes in both counties without any alteration either in writing reading or publishing the same I. That the Book of Common-Prayer Administration of the Sacrament doctrine and discipline of the Church of England formerly established by lawfull Authority for the true and sincere worship of God be duly and truly observed in all parishes in both Counties untill the discipline bee altered by such Authority as it was first established and that all the infringers and depravers of the same either Clergie or Laitie be duly proceeded against and punished according to the known lawes of the land II. That the common and Statute-Laws of the Realm of England be put duly in execution against all offenders and violaters of the same in either county according to the usuall legall course as hath been anciently accustomed III. That all trade traffick and free commerce be free and open between both counties as heretofore in the most best and peaceable times hath been IV. That no man in his person estate or goods bee arrested imprisoned detained outed or dispossessed or any bee molested by any Power or Authority whatsoever without due processe or proceedings according to the knowne lawes of the land V. That all new erected fortifications and set-guards within the city of Exon and in and upon all the Townes Outlands Castles and Passages within the county of Cornwall and Devon be within _____ dayes removed and slighed at the cost and charges of the Erectors and Maintainers of the same and no wise maintained to the terrour or affrightment of His Majesties Subjects of either county and that His Majesties Castles Forts and other ancient and usuall places of command be put into the same hands and custody that they were before these unhappy differences and assurance given for the maintenance thereof without any addition or alteration and that all Armes and Ammunition of any person or persons whatsoever in either county that have been taken not in fight battell or skirmish be again restored in kind or value to the true owners VI. That all troops and companies of horse and foot be within _____ dayes either disbanded or quitted both counties and the city of Exon. VII That all Forces of horse and foot in the quitting both counties may march and passe peaceably with their Armes Ammunition Artillery and Carriages through the same paying truly and justly for such provision or other necessaries as they shall have need of after the rate of foure pence a meale and be provided for by the county as they passe in quitting both counties within the time limited in the present Article VIII That all men both Clergy and Laity may return peaceably and quietly into their own houses or places of abode without let or persecution for any offence past expecting a generall pardon or some other conclusion of these unhappy differences by the King and both Houses of Parliament and in the mean time to demean themselves in Speech Action and Function conformably to the lawes established IX That all plundered goods of whatsoever kind that shall be found not taken in Battell be again delivered to the true owners X. That all Gentlemen that have been taken prisoners on either party in Battell or otherwise be within _____ dayes delivered up and set at liberty XI That we unanimously joyne together in a Petition to the King and both Houses of Parliament for the setling a Generall Peace throughout the whole Kingdom and confirmation of these Articles XII For the conclusion of Peace Answers to the Articles propounded by the Commissioners of Cornwall to those of Devon THe Preamble or the like in substance with some necessary alteration wee will assent to be used and put in the head of the Articles that shall be hereafter agreed between us To the first Artile we say we approve of the use of the Common Prayer and of the discipline of the Church of England established by law in such manner as His Majesty and the Houses of Parliament have severally declared and we assent that all depravers of the same be duly proceeded against according to the law To the second we wholly agree The third Article is likewise approved including the city and county of Exon we desire that all things be done according to law preferring the judgement thereof to those that ever had and ought to have the power of declaring of it To the fifth wee say our fortifications are for defence and cannot be a terrour to other counties Exeter and Plymouth make them by Authority of Act of Parliament and Charters other townes doe it by Authority of this present Parliament His Majesties Forts are better garrison'd in these trouble-sometimes by His Majesties expresse command and cannot be safely reduced to the condition they were in before these differences untill there be peace in England and Ireland we are onely carefull in this cause that while wee endeavour the peace of both counties wee expose not those places to the enemies of both
works upon Bridges and Passages upon the Borders of both Counties wee assent to bee slighted for Armes and Ammunition taken or lent there shall bee satisfaction given except for such as have been taken in Warre or from delinquents against the Parliament To the sixth we say that all Forces of horse and foot cannot safely be disbanded during the stirre and warlike Motion of other counties bordering upon Devon and not upon Cornwall To the seventh we cannot assent in regard of our association with other counties which we resolve to observe as we doe with you To the eighth Article we fully agree for the Inhabitants of Devon and Cornwall and the city of Exon so as they goe with a retinue performed with their condition in a peaceable manner To the ninth wee also agree To the tenth we allow of this delivery of all Prisoners now within both these Counties and the City of Exeter of others wee have no power To the eleventh wee shall willingly joyne in a Petition to His Majesty and both Houses of Parliament for setling a peace throughout the whole Kingdome The replie of the Cornish Commissioners VVEe consent to any reasonable necessary alteration in the preamble if His Majesty and both Houses of Parliament send all Declarations you explaine to be any Act or Acts of Parliament wee are satisfied with your Answer otherwise if it be by the King alone or either or both Houses only we take it not sufficient to bind the Subject To the second and third wee have no cause to replie 4. Having granted the second we marvaile why you should seeme to deny the fourth being but a branch of the second and a part of Magna Charta the judgment whereof in point of alteration or declaration can be referred to none but an Act of Parliament To the fifth wee say that the fortifications and terrors of the neighbours against law and prejudiciall to the peace of the Counties wee desire to see the Act of Parliament and Charter you mention and those commands of His Majesty and to know whether His Majesties Forts be kept for His Majesties use for if otherwise His Majesty is dispossest of His right and the Charter's wrong'd for by the Law no such Fort or Castle can be kept against His Majesty wee doe not know that the Houses have any Authority any Towne without an Act of Parliament we conceive it not sufficient answer for the taking any mans goods and say he is a Delinquent against the Parliament except you shew what law he hath broken and likewise by the ordinary course of justice To the sixth as long as there is an Army in the County there can be no assurance of peace to either County and it is against the Law the peace of the Kingdome and the Oath of Allegiance for Subjects to be in Armes without authority derived from His Majesty By our dissent to the seventh you disable your selves to performe that now which you have taken for the peace of the Counties and impose us a necessity of retaining men at Arms amongst us which we desiring the peace of both Counties desire to be freed of and they are likewise willing to passe thorough your County without the disturbance of the peace thereof and paying for what they take and if by your Association you have so farre ingaged your selves as you cannot make a perfect peace with us wee conceive you therein brake your Protestation To the eighth and ninth wee take no exception To the tenth wee conceive there is more cause to demand such Prisoners as you have illegally taken sent away then for you to have such from us as have beene lawfully taken in battaile or otherwise offending the lawes To the eleventh if the peace of the Kingdome be not setled though wee heartily wish and pray for it yet wee desire for the peace of these two Counties that our conclusion may be confirmed by the King and both Houses of Parliament Replies to the Answers of Cornwall To the first wee doe willingly embrace the Answer to the first Proposition as wee apprehend it and if wee differ not in the exposition of some words and clauses wee shall fully agree To the second wee â—â—ferre our selves to the Answer to the tenth Article To the third wee say that this Answer differs much from and comes farre short of your ninth Proposition To the fourth wee referre our selves to our Answer to the eighth Article To the fifth wee agree according to our Answer to the first Article To the sixth against this wee have nothing to replie Propositions made by the Commissioners of Devon to those of Cornwall I. THat a mutuall assurance be given that they will not invade each other but will unite against all invaders whatsoever of either and that all honest wayes and meanes shall be used to preserve the peace of both Counties and to revive the ancient affection which hath been betweene them and that what person soever under what pretence soever shall strive or endeavour to doe contrary hereunto shall be held an enemy unto both Counties II. That all Prisoners one both sides taken in and by occasion of the Warre in these Counties and now remaining in durance of either of these Counties be freely discharged and that no more be hereafter taken by vertue or colour of this Warre III. That there be a free discharge of all Ships and goods now detained in all and every the houses of these Counties and hence forth a free commerce and trade betweene them as in times past before these unhappy differences IV. That all the Gentlemen Ministers and others that have beene driven from or left their habitations in either of these Counties be permitted to returne in safety and not be molested nor troubled and the Ministers quietly to enjoy their places and go on in their ministery V. That the Sheriffes and Justices of peace in both Counties take care that no act of contempt reproach or scandall be done or suffered to be done in opposition or contempt of the King or this present Parliament or the booke of Common prayer contrary to their late Protestation taken by order of the Parliament and that if any Minister or other shall do contrary hereunto he shall be brought to just punishment VI. That to the utmost of our powers wee shall endeavour to maintaine the Protestant Religion and oppose all Papists and adherents THese Propositions with the Answers and Replies were discussed at Mount Edgcombe house adjacent on the farther side of Crimwell passage about two or three dayes after the taking of the foregoing solemn Protestation confirming their integrity by the receiving of the holy Sacrament at a place called Stonehouse halfe a miles distance from Plymouth Doctor Aaron Wilson preaching in the forenoone and one Master Jelinger in the afternoone but while they were thus labouring to unite these two disjoynted Counties Cornwall and Devon an unhappy accident intercepted their desires and abrupted their joyfull meeting that they could come to no agreement but adjourned their meeting at Eâ—onâ— on Wednesday the 15. of March where the Cornish Commissioners according to their agreement repaired but beyond their expectation were prevented from their coming into the City by reason of a Petition presented to my Lord of Stamford by a company of zealous holy religious women That Petition being granted the place of meeting generally agreed one was at the signe of the Ship in Exbridge where the Commissioners on both sides sate about two dayes and debated the same Propositions but at last broke off and prorogued their meeting on Wednesday next at Stonehouse and on Thursday next to Mount Edgcombe house where I beseech God that they may come to a happy agreement and that they may settle these unhappy differences which if not timely prevented will be to the ruine of both these Counties God in his mercy prevent them The names of the Commissioners for Cornwall Sir Nicholas Flanning William Curriton William Scoone Pearce Edgcombe Francis Basset Charles Trenanian William Turteny John Ackland William Tothill There came hither of these but the foure first and the two last The names of the Devonshire Commissioners Baronet Northcot Baronet Bampfield Baronet Poole Sir Edmond Vowell Sir Nicholas Martyn Collonel Butter Captaine Carew Master Trefuses FINIS