Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

In the next place, according to the order before men∣tioned, do follow the Passages and Papers concerning Religion.

Their Paper. 31. January:

[ XXXI] ACcording to the* 1.1 Paper delivered by us to your Lordships yesternight, we do now offer these Propositions following, which concern Religion.

That the Bill be passed for abolishing and taking away of all Arch-Bishops, Bishops, &c. according to the Third Proposition.

That the Ordinances concerning the Calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.

That the Directory for Publick Worship, already passed both Houses of the Parliament of England, and the Propositions concerning Church-Government, hereunto annexed and passed both Houses, be enacted as a part of Reformation of Religion, and Unifor∣mity, according to the Fifth Proposition.

That His Majesty take the Solemn League and Covenant, and that the Covenant be enjoyned to be taken, according to the Second Proposition.

To this was annexed the following Paper of the 31. January.

That the ordinary way of dividing Christians into distinct Congregations, and most expedient for Edification, is by the respective bounds of their Dwellings.

That the Minister and other Church-Officers in each particular Congregation shall joyn in the Government of the Church, in such manner as shall be established by Par∣liament.

That many particular Congregations shall be under one Presbyterial Government.

That the Church be governed by Congregational, Classical and Synodical Assem∣blies, in such manner as shall be established by Parliament.

That Synodical Assemblies shall consist both of Provincial and National Assem∣blies.

The King's Commissioners Paper. 1. February.

[ XXXII] HAving considered your Lordships Paper, containing the Propositions concern∣ing Religion, with the Paper annexed, and finding the same to contain abso∣lute Alterations in the Government both of the Ecclesiastical and Civil State; we de∣sire to know whether your Lordships have power to Treat and debate upon the said Propositions, and upon debate to recede from or consent to any Alterations in the said Propositions, if we shall make it appear to be reasonable so to do, or whether your Lordships are bound up by your Instructions to insist upon the Propositions without any Alteration.

Their Answer. 1. February.

[ XXXIII] OUR Paper given in to your Lordships concerning Religion, doth contain no Al∣terations but such as are usual in a time of Reformation, and by the wisdom of the Parliaments of both Kingdoms are judged necessary at this time for settling Reli∣gion and Peace. And as by our Commissions and Papers formerly shewed your Lord∣ships we have made known our Power to Treat upon them; so are we ready by De∣bate to shew how reasonable they are, and that there will be no reason to expect that we should alter or recede from them. But as for your demand of our shewing what farther Power we have by our Instructions, it is that we have no warrant to do, as we have already signified to your Lordships by a former Paper.

The King's Commissioners Paper. 1. February.

[ XXXIV] YOUR Lordships first Proposition in the Paper concerning Religion, referring to the Third Proposition sent to His Majesty, we find that refers to the Articles of the late Treaty of the date at Edenburgh, 29. Nov. 1643. and to the joynt Declaration of both Kingdoms: We desire your Lordships we may see those Articles and Declarations, and your Lordships second Proposition in that Paper, referring to the Ordinances concerning the Calling and sitting of the Assembly of Divines; we desire to see those Ordinances.

Their Answer, 1. Feb.

[ XXXV] ACcording to your Lordships desire in the* 1.2 third Paper, we now deliver in the Ar∣ticles of the late Treaty of the date at Edenburgh 29. of November 1643. and the * 1.3 joynt Declaration of both Kingdoms; and we shall speedily deliver to your Lordships the Ordinances concerning the Calling and sitting of the Assembly of Divines.

The King's Commissioners Paper. 1. Feb.

[ XXXVI] VVE desire to know whether the Propositions which we have received from your Lordships touching Religion, be all we are to expect from you upon that Subject.

Their Answer, 1. Feb.

[ XXXVII] THere are other things touching Religion to be propounded by us unto your Lord∣ships, upon the Propositions formerly sent unto His Majesty from the Parliaments of both Kingdoms, which we shall in due time give in unto your Lordships: But we do first desire your Answer to the Paper touching Religion given in yesterday, that some good progress may be made therein before the three days assigned to Treat upon Religion in the first place do expire.

The King's Commissioners Paper. 1. Feb.

[ XXXVIII] VVE desired to know whether the Propositions we formerly received from your Lordships concerning Religion, were all that would be offered con∣cerning that Subject, because we thought it very necessary (since so great Alterations are proposed by you) to have a full view of the whole Alterations that are desired, since in an Argument of the greatest weight and highest importance, we cannot possible give a present Judgment of any part till we have a prospect of the Whole: But since your Lordships do not yet think it time to let us have a sight of the rest, but first desire our Answer to the* 1.4 Paper delivered yesterday, which contains many particulars of which we never heard before, we shall apply our selves to under∣stand the things proposed by you, in such manner as we may return your Lordships a speedy Answer; and to that purpose must desire your Lordships information in some particulars which are comprized in your Lordships paper. And when your Lordships consider that the* 1.5 Directory for Worship (being so long) was delivered to us but yesterday, that the Covenant, the Articles of the Treaty of Edenburgh, the Declara∣tion of both Kingdoms (which are comprehended within the First Proposition) were delivered to us but this day, and therefore we could return no Answer concerning the Bill for abolishing Arch-bishops and Bishops, (which is proposed to be passed) accor∣ding to the Third Proposition, in which the said Articles and Declarations are comprehen∣ded, and that the Ordinances for the Sitting of the Assembly are not yet delivered un∣to us; we are confident your Lordships will not think us negligent in making as good a progress in the Treaty upon Religion as is in our power, which we shall endeavour to advance with all diligence and the best of our understanding.

Afterwards, the same first of February, the* 1.6 Ordinances for the Assembly of Divines were delivered in.

After some debate touching the nature of the Church Government intended by the Pa∣per annexed to the first Paper upon the Subject of Religion, which are here before set down, the Kings Commissioners delivered in this following Paper.

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1. Feb.

[ XXXIX] THE Information we desire from your Lordships for the present is, Whether by the Words in the first of those Propositions in your Lordships Paper annexed [the respective bounds of their Dwellings] you intend the several bounds of their dwelling Houses, or the bounds of Parishes; or whether you intend an alteration of the bounds of Parishes.

In the second Proposition, What other Church-Officers your Lordships intend shall joyn with the Ministers in the Government of the Church, and what Jurisdiction they shall exercise in order to that Government, and from whom they shall derive it, and in what degree be subordinate to the power from whom they derive it; and what you in∣tend by Presbyterial Government, in your third Proposition.

In the fourth Proposition, What your Lordships intend by Congregational, Classical and Synodical Assemblies.

How Synodical Assemblies, Provincial and National shall be constituted as to Persons and Causes, and what shall be the bounds and limits of their Jurisdiction; and from whom the several Jurisdictions above mentioned shall be derived.

To these particulars we would be glad (if your Lordships think it fit) to receive satisfaction by Debate, where Questions may be asked and Replies made before any An∣swer be returned in writing, which may ask much time, and be less satisfactory: but we refer the way to your Lordships.

Their Answer. 1. Feb.

[ XL] VVE cannot but be sensible of the great loss of time occasioned by your Lord∣ships Questions for Information in your last Paper, and shall have small hopes of good success in this Treaty, having these two days made so little progress, unless your Lordships be pleased to give us full Answers to our Demands concerning Religion: Yet to give all satisfaction with as little expence of time as may be, we are ready by present Conference to clear the Questions in your Paper.

The King's Commissioners Reply in two several Papers next following. 2. Feb.

[ XLI] VVE conceive there was no cause your Lordships should apprehend any loss of time occasioned by our Questions, for that your Propositions concerning Religion were not delivered to us till Friday last, and the Directory then delivered with them, so long, that the reading of it spent the residue of that day, and divers other Papers to which the Propositions referred, and without which we could not consider them, were not delivered us before yesterday, and some of them not till after the Paper which imputes a delay to us; and your Lordships having propounded only general heads of a Presbyterial Government, without any particular Model of it, which in several Reformed Churches (as we are informed) is various both in Names and Powers, it was necessary to understand the particular expressions in your Paper, the Alteration desired being so great, and being proposed to be enacted, which will require His Majesty's Consent, whom we ought to satisfie, having so great a Trust reposed in us. And we desire your Lordships to consider how impossible it hath been for us to give your Lordships, in less than two days, a full Answer (which in your last Paper you require) to what you propose, which is in effect to consent to the utter abolishing of that Government, Discipline and publick Form of the Worship of God, which hath been practised and established by Law here ever since the Refor∣mation; and which we well understand, and the Alteration of which in the manner proposed, takes away many things in the Civil Government, and provides no remedy for the Inconveniences which may happen thereby: And to consent to the Alienation of the Lands of the Church, by which (for ought appears) besides infinite other Considerations, so many Persons may be put to beg their Bread, to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant, and to

receive and consent to a new Government, we do not, nor without information cannot, understand; and which (in truth) appears to us, by your Lordships Propositions, not to be yet agreed upon in the particulars, and your Lordships having declared to us, that you have other things to propose to us concerning Religion, which you do not yet think it fit time to acquaint us withal. Notwithstanding all which difficulties, we shall pro∣ceed with all possible expedition, and desire your Lordships will not object Delays to us, till we give you just occasion.

February 2.

[ XLII] THAT we may make a right use of the Information your Lordships were pleased yesterday to afford us in debate upon the questions proposed by us concerning the Propositions in your Lordships Paper annexed, for the future Government of the Church, and so have some understanding of that Government intended by your Lordships in place of that you propose to be abolished, we desire to receive your Lordships An∣swer in writing, whether these short Collections upon the Debate yesterday be the Sum of your Lordships Resolutions, or Informations upon the Questions formerly proposed by us.

We conceive that the information given to us in debate by your Lordship's to the Questions we proposed to you in writing was,

1. That the Congregational Assemblies consist of the Ministers and Ruling Elders.

2. That the Classical Assemblies consist of many Congregational Assemblies.

3. That the Provincial Assemblies are constituted to the several Classical Assem∣blies.

4. That all these Congregational, Classical and Provincial Assemblies together, con∣stitute a National Assembly.

5. That the Authority and Jurisdiction of the several Assemblies shall be setled by Parliament.

And if your Lordships have any thing else to inform us concerning this Government, we desire to receive the same from your Lordships.

The Kings Commissioners Paper. 3. February.

[ XLIII] VVE are readyby present Conference to enter upon consideration of your Lord∣ships First Proposition, concerning Religion, and shall desire to receive or give satisfaction, whereby we may be of one mind in that Argument. And for the better en∣tering into this Debate, we desire to know whether in respect of Alteration mentioned in the Third Proposition to be made in the Bill for abolishing Episcopacy, you would have this individual Bill pass or not.

Their Answer. 3. Feb.

[ XLIV] VVE desire the Bill for the utter abolishing of Episcopacy, which now remains with His Majesty, may be passed without prejudice to us to insist upon the * 1.7 Alterations mentioned in the Third Proposition; and we are ready to give your Lord∣ships a present Conference upon the First proposition, concerning Religion, according to your desire.

After a Conference, wherein much time was spent in debate concerning that indivi∣dual Bill which was presented for abolishing Episcopacy, their Commissioners delivered this Paper.

3. February.

[ XLV] VVE desire your Lordships Answer to our Demands upon the Propositions for Re∣ligion, and in the first place to the Bill for abolishing of Episcopacy, which hath been so much debated, that upon the expiring of the first three days appointed to Treat concerning Religion, we may be able to return such an account to the Parliaments of both Kingdoms as may give them hopes of a happy progress in this Treaty.

The King's Commissioners Answer. 3. Feb.

[ XLVI] VVE conceive we have offered so weighty Doubts and Considerations to your Lordships in this days Debate concerning several parts in the Bill for abo∣lishing of Episcopacy, (your Lordships having confined and limited our Debate to that individual Bill as it is now penn'd, not the consideration of abolishing Episcopacy in general) that your Lordships cannot expect a positive Answer from us now (being after eleven a clock at night) touching that Bill: But we shall be ready by the next day assigned for the Treaty upon this Argument, to deliver our Opinions to your Lordships; the which we shall be then the better able to do, when we have found by the progress in our other Debates how far a blessed and a happy Peace is like to be advanced by our endeavouring to give your Lordships satisfaction in this particular.

This being the last of the three first days assigned for the Treaty upon Religion, that Subject was again taken up the 11th. of February, being the first of the second three days appointed for Religion:

And their Commissioners delivered this Paper. 11. Feb.

[ XLVII] HAving received no satisfaction in the first three days appointed to Treat upon the Propositions for Religion, we do now desire your Lordships clear and full An∣swer to our former Demand on this Subject, that no farther time may be lost in a matter which doth so much concern the Glory of God, the Honour of the King, and the Peace and Happiness of His Kingdoms.

The King's Commissioners Answer. 11. Feb.

[ XLVIII] VVE gave your Lordships as much satisfaction in the first three days appointed to Treat upon the Propositions for Religion as in so short a time, and upon so little information from your Lordships, could reasonably be expected in a matter of so great and high importance: And as we have given your Lordships already* 1.8 many Reasons concerning the Injustice and Inconveniency which would follow upon passing the Bill for abolishing Episcopacy, according to your first Proposition; so we are now ready by Conference to satisfie your Lordships, why we conceive that the said Bill is not for the Glory of God, or the Honour of the King, and consequently cannot be for the Peace and Happiness of His Kingdoms: And if your Lordships Reasons shall convince us in those particulars, we shall willingly consent to what you desire; if otherwise, we shall offer to your Lordships our Consent to such other Alterations as we conceive may bet∣ter contribute to the Reformation intended, and such as may stand with the Glory of God, and, in truth, be for the Honour of the King, and the Peace and Happiness of His Kingdoms.

Their Reply. 11. Feb.

[ XLIX] VVE have received no satisfaction from your Lordships concerning the Propo∣sitions delivered in by us for Religion in the name of the Parliaments of both Kingdoms, not have you made appear unto us any Injustice or Inconveniency in the passing of the Bill for abolishing of Episcopacy. And as it cannot be denied but the settling of Religion is a matter which doth highly concern the Glory of God, the Honour of the King, and the Peace and Happiness of his Kingdoms; so do we desire your Lordships will grant those Demands which have been made unto you by us to that end; and we are ready by present Conference to receive what your Lordships will offer upon any of those Propositions, and to return that which may give your Lord∣ships just satisfaction.

The King's Commissioners Answer. 11. Feb.

[ L] YOUR Lordships having expressed in your Paper of the first of February, that there are other things touching Religion to be propounded by your Lordships to us, we presume that by this time you may be enabled by your Instructions to propose the same; and therefore we desire to receive them from your Lordships: Which we hope your Lordships will think very reasonable, when you consider how incongruous a thing it will appear to most Men, to consent to real and substantial Alterations in the matter of Religion, without having a view of the whole Alterations intended, when at the same time there is mention of other Alterations.

Their Answer thereunto. 11. Feb.

[ LI] WE shall deliver in very speedily that which remains with us touching Re∣ligion to be propounded unto your Lordships: But we do desire (as before) your Lordships Answers unto our Demands in the same order that we have proposed them, not conceiving it reasonable there should be any time spent in Debates or Answers upon what we shall hereafter offer, till we have received satisfaction in our former Propositions; which we desire may be speedily done, lest otherwise the Treaty be retarded, and the Expectation of both Kingdoms altogether frustrated.

Notwithstanding this, they delivered in this further Answer. 11. Feb.

[ LII] * 1.9 IN Answer to your Lordships Paper this day delivered to us, we desire that His Ma∣jesty do give His Royal Assent to an Act of Parliament for the due Observation of the Lords Day, and to the Bill for suppressing of Innovations in Churches and Chapels in and about the Worship of God, &c. and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom, and to the Bill against enjoying of Plura∣lities of Benefices by Spiritual persons, and non-Residency. And we shall in due time give in to your Lordships our Demands concerning Papists, contained in the sixth, seventh, eighth, ninth and tenth Propositions; and for His Majesty's Assenting to an Act to be framed and agreed upon in both Houses of Parliament, for the regulating and reforming of both. Universities, of the Colleges of Westminster, Winchester, and Eaton, and for the Education and Marriage of His Majesty's Children, and the Children of His Heirs and Successors, in the true Protestant Religion, as in the 21 Proposition.

Some part of the 11th. and most part of the 12th. of February, was spent in Argument by Divines touching Episcopacy and the Presbyterial Government. Afterwards their Commissioners gave in this Paper, 12. Feb.

[ LIII] THere having now been several days spent in debate upon the Propositions for Religion, and all Objections alledged to the contrary either from Conscience, Law or Reason, being fully answered, and the time allotted for that so important a part of

the Treaty almost elapsed, we should be wanting to the Trust reposed in us, if we should not press and Expect (as we now do) a clear and positive Answer to those De∣mands concerning Religion which we have offered unto your Lordships from the Parlia∣ments of both Kingdoms, as most necessary for the settling of a safe and well-grounded Peace in all His Majesty's Dominions.

The King's Commissioners Answer. 12. Feb.

[ LIV] WE deny that the Objections alledged by us against the passing the for abo∣lishing Episcopacy from Conscience, Law or Reason, have been fully an∣swered by your Lordships; or that indeed we have received any satisfaction from your Lordships in these particulars. We have received no Information from your Lordships to satisfie us that Episcopacy is, or hath been, an impediment to a perfect Re∣formation, to the* 1.10 growth of Religion, or that it is prejudicial to the Civil State; which we have often desired from you Lordships, without effect, and which are the Grounds upon which your Lordships propose the abolishing Episcopacy; And we shall be very wil∣ling, and are desirous to receive your Lordships Reasons in these particulars. And how short soever the time allotted is for the Treaty (for which we cannot be answe∣rable, being not bound up in point of time by His Majesty as your Lordships say you are by your Instructions; and we should be glad that the same might be enlarged propor∣tionably to the importance of the things to be Treated on) we should be wanting to the great Trust reposed in us, if we should consent to those Demands as they are pro∣posed to us by your Lordships, otherwise than as they are agreeable to our Consciences and Understandings. And such an Answer your Lordships shall receive from us to your Demands concerning Religion, upon which we hope a safe and well-grounded Peace, by the blessing of God, may be established.

Their Paper. 13. Feb.

[ LV] WE did assure our selves, that after so many days debate concerning Religion, and our removal of whatever Objections have been offered by your Lordships, and our making it appear how great a hinderance Episcopal Government is and hath been to a perfect Reformation, to the growth of Religion, and prejudicial to the Civil State; that your Lordships would have been ready to have answered our ex∣pectation with the Grant of our Demands: But if still your Lordships remain unsatis∣fied, we conceive it cannot with any Justice be imputed unto us, and therefore we again desire your Lordships full and clear Answer to what we have delivered unto you con∣cerning Religion.

Upon this last Paper, and after the several Debates between the Commissioners, and Arguments by the Divines, and consideration had of all that had been delivered con∣cerning Religion. His Majesty's Commissioners gave in these Four Papers following.

13. February.

[ LVI] WE are not yet satisfied that the Bill insisted on by your Lordships, which re∣mains in His Majesty's hands, for the utter abolishing of Arch-Bishops, Bishops, Deans and Chapters, &c. ought to be enacted, believing it not to be agree∣able to Conscience and Justice, to alienate the Lands therein mentioned to Lay-uses; and not understanding that the alienation thereof is necessary at all to the Reformation of Religion: Besides that there is no certain provision made for any of those who are now legally vested in those possessions, whereby they and their Families shall be in evi∣dent danger of want of bread: And it appearing by your Lordships Propositions, which relate to the Articles of the late Treaty of the date at Edenburgh 29. of Novemb. 1643. and the joynt Declaration of both Kingdoms,* 1.11 to which you require our Assent as well as to the Bill, that part of the Church-land may be after the passing this Bill, assign'd to other uses than is exprest in the said Bill. Upon these considerations, and upon your Debate which hath passed between us upon this Bill, whereby it hath appeared that there would be so great an Alteration in the Civil State by this Bill being enacted, in the

failure of Justice at the Common Law, and otherwise in many several particulars of great importance to the Subjects of this Kingdom, which for ought appears to us, is not yet provided for, and that by a particular* 1.12 Clause in the Bill His Majesty's ancient and undoubted power of the Ecclesiastical Jurisdiction is wholly taken away; besides, it may be very considerable what inconveniencies would ensue by the passing this Bill now, which looks back and is to begin from November was twelve-month, whereby all those Acts of Jurisdiction exercised by Bishops since that time are already void, which would produce great inconveniences and mischiefs touching the probates of Wills and Administrations throughout the Kingdom; not to speak of the doubts which may arise in many consciencious Men who have been ordained by Bishops since that time, which may seem to be likewise declared void by this Bill, and so at least to dis∣countenance all Acts which have insued by virtue of that Ordination, and thereby many Questions may arise in Law concerning Marriages, Legitimations and Descents of Inheritance; and for many other reasons exprest in our Conference and Debate, we conceive that your Lordships may be satisfied, that this individual Bill ought not to pass.

For the matter then of the said Bill, the Extirpation of Episcopacy, we desire your Lordships to consider, That it is evident, and we conceive consented to on all parts, that it hath continued even from the Apostles times by continual Succession in the Church of Christ, till within these few years, without intermission or interruption; and then how perilous a thing it must be, and prejudicial to the publick Peace, to re∣move and destroy a Form of Government so long exercised in this Kingdom, and under which we have enjoyed as great a measure of Happiness (to say no more) as any Na∣tion in Christendom, and which your Lordships have not pretended to be unlawful, be∣fore we particularly see the Model of that Government and Jurisdiction which is to be established in the place thereof, that thereby we may be assured that it be such, to which as well those who like, as all those who dislike the present Government, will sub∣mit; otherwise Peace, which is the main end and pretence for Alterations, cannot be established: And therefore we very earnestly beseech your Lordships to consider and weigh, whether, without shaking Foundations, it be not much better, and more agreeable to Christian Prudence and Charity, to remove those particulars from the present Government, and make such Alterations therein as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences, than by destroying the whole, to give just Offence and Scandal to very many Pious and Re∣ligious Persons.

Under these Considerations, and for the uniting and reconciling all Differences be∣tween us in the matter of Religion, and procuring a blessed Peace, we are willing,

That Freedom be left to all Persons, of what Opinion soever, in matters of Cere∣mony, and that all the Penalties of the Laws and Customs which enjoyn those Cere∣monies be suspended.

That the Bishop shall exercise no Act of Jurisdiction or Ordination without the con∣sent and counsel of the Presbyters, who shall be chosen by the Clergy of each Diocess out of the learned stand gravest Ministers of that Diocess.

That the Bishop keep his constant residence in his Diocess, except when he shall be required by His Majesty to attend him on any occasion, and that (if he be not hindred by the infirmities of old Age or Sickness) he Preach every Sunday in some Church within his Diocess.

That the Ordination of Ministers shall be always in a publick and solemn manner, and very strict Rules observed concerning the Sufficiency and other Qualifications of those Men who shall be received into Holy Orders; and the Bishop shall not receive any into Holy Orders without the approbation and consent of the Presbyters, or the major part of them.

That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops, Deans and Chapters, out of the Impropriations, and according to the value of those Impropriations, of the several Parishes.

That for the time to come, no Man shall be capable of two Parsonages or Vicarages with Cure of Souls.

That towards the settling of the publick Peace, one hundred thousand pounds shall be raised by Act of Parliament out of the Estates of Bishops, Deans and Chapters, in such manner as shall be thought fit by the King and two Houses of Parliament, without the Alienation of any of the said Lands.

That the Jurisdiction in Causes Testamentary, Decimal, Matrimonial, be settled in such manner as shall seem most convenient by the King and two Houses of Par∣liament.

And likewise that one or more Acts of Parliament be passed for regulating of Visita∣tions, and against immoderate Fees in Ecclesiastical Courts, and the abuses by frivolous Excommunications, and all other abuses in the exercise of Ecclesiastical Jurisdiction, in such manner as shall be agreed upon by His Majesty and both Houses of Parliament.

And if your Lordships shall insist upon any other thing which your Lordships shall think necessary for Reformation, we shall very willingly apply our selves to the consi∣deration thereof.

13. February.

[ LVII] FOR the confirmation of the Ordinances concerning the Calling and Sitting of the Assembly of Divines and the taking the Covenant, we conceive neither of them need be insisted on, if the alterations of Church-Government be agreed upon between us: and if they be not, it will not be reasonable that we consent to those Ordinances. And for the Covenant, we cannot advise His Majesty to swear and sign the same, nor consent that an Act of Parliament should pass for enjoyning the taking thereof by His Majesty's Subjects.

13. February.

[ LVIII] VVE do not yet conceive that the Directory for publick Worship, delivered to us by your Lordships, ought to be enacted, or that it is so likely to procure and preserve the Peace of this Kingdom, as the Liturgy or Common-Prayer-Book alrea∣dy established by Law, against which we have not yet received from your Lordships any Objections; which Liturgy (as the same was compiled by many Learned and Re∣verend Divines, of whom some dyed Martyrs for the Protestant Religion) we conceive to be an Excellent Form for the Worship of God, and hath been generally so held through∣out this Kingdom till within these two or three years at the most. And therefore since there are no Inconveniences pretended to arise from the Book of Common-Prayer to which we conceive the Directory is not more liable, and since there is nothing commen∣dable in the Directory which is not already in the Book of Common-Prayer, we con∣ceive it much better and more conducing to the Peace of this Kingdom, still to observe the said Form, with such Dispensations as we have expressed in our first Paper now pre∣sented to your Lordships: and if there shall be any Alterations proposed by your Lord∣ships of such particulars in the Book of Common-Prayer as good men are scrupled at, we shall willingly endeavour to give your Lordships satisfaction in those particulars; but as yet can make no further or other Answer than we have already done; but shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer, and your Reasons for introducing the Directory. And for the Proposition concerning Church-Government, annexed to your first Paper, we have no Information how that Government shall be constituted in particular, or what Juris∣diction shall be established, or by whom it shall be granted, or upon whom it shall de∣pend. And therein also we desire further Information from your Lordships.

13. February.

[ LIX] VVE desire to see the Bills for the Observation of the Lord's day, for suppres∣sing of Innovations in Churches and Chapels, and for the better advance∣ment of the Preaching of God's Holy Word, which are mentioned in your Lordships * 1.13 Paper of the 11. of Febr. we being very ready to consent to the subject Matter of those Bills. We have expressed in our Paper delivered to your Lordships what we con∣ceive fit to be done in the business of Pluralities, which will prevent any inconveniences that way: And when your Lordships shall give us your Demands concerning Papists, and when we shall see the Acts for the regulating and reforming of both Universities, of the Colleges of Westminster, Winchester and Eaton, and for the Education and Mar∣riage of His Majesty's Children, and the Children of His Heirs and Successors, in the true Protestant Religion, we shall give your Lordships such Answers as shall be fit, be∣ing very willing to concur with your Lordships in any good means for the suppressing of Popery, and advancement of the Protestant Religion. And we are well assured that

His Majesty hath taken a pious care for the Education of all His Children in the true Protestant Religion; and having already married one of His Children to the satisfaction (we conceive) of all His good Subjects, we are confident, in due time, His Majesty will so dispose of the rest in Marriage as shall be most for the advancement of Religion, and the good and welfare of all His Dominions.

Their Answer to the First. 13. February.

[ LX] VVHereas we expected your Lordships resolution for His Majesty's assent unto the Bill for the utter Abolishing of Arch-Bishops, Bishops, &c. we find by your Paper given in this Evening, that your Lordships are not yet satisfied that the Bill should pass, and you are pleased to express several Reasons and Objections against it, which were at large answered and cleared at the publick Debate. But what was then said by us is now by your Lordships wholly omitted; nor may we in writing represent it again unto your Lordships, it not being agreeable to the usage of Parliament to deli∣ver Reasons for or against a Bill, though we were willing by Conference in the Treaty to satisfy all doubts, and remove all scruples which remained with you. And so far were we from consenting that Episcopacy hath continued from the Apostles times by continual Succession, that the contrary was made evident unto your Lordships, and the Unlawfulness of it fully proved. And as for that which your Lordships have propoun∣ded for uniting and reconciling all differences in the matter of Religion, it is a new Proposition, which wholly differs from ours, is no way satisfactory to our desires, nor consisting with that Reformation to which both Kingdoms are obliged by their solemn Covenant; therefore we can give no other Answer to it, but must insist, to desire your Lordships that the Bill may be past, and our other Demands concerning Religion granted.

The King's Commissioners Reply thereunto. 13. February.

[ LXI] VVE conceive that our Answer to your Lordships concerning the Bill for the utter Abolishing of Arch-bishops, Bishops, &c. was so reasonable, that it clear∣ly appears thereby, that the passing that individual Bill is not agreeable to Conscience and Justice, and that it would be very prejudicial to the Civil State and to the Peace of the Kingdom; neither have the Reasons and Objections given by us against it, first in Debate, and since in Writing, been answered in Debate by your Lordships. And there∣fore we know no reason why your Lordships may not give an Answer to those Objecti∣ons in Writing. For as it is not agreeable to the usage of Parliaments, for the two Houses to give His Majesty Reasons why he should pass any Bill presented by them; so it is no more agreeable to the same usage, for His Majesty to give Reasons why He doth not pass Bills so presented But we desire your Lordships to consider that we are now in a Treaty, and we conceive the proper business thereof to be, for your Lordships to give us Reasons why His Majesty should consent to the Propositions made by you, or for us to give Reasons to your Lordships why we cannot consent to those Propositions; other∣wise it would be only a Demand on your Lordships part, and no Argument of Treaty between us. And we must profess to your Lordships, that as we conceived in our for∣mer Paper the Succession of Episcopacy, by Succession from the Apostles time, was consented to on all parts; so we cannot remember that the contrary thereof was so much as alledged, much less that the Unlawfulness thereof was proved, the Question of the Lawfulness thereof having never yet come in debate. And we shall be very ready to receive any assertion from your Lordships to that purpose, not doubting but we shall give your Lordships full satisfaction in that point. And we conceive the Alterations proposed by us to your Lordships to be a very proper Answer to your Lordships Pro∣positions, and most agreeable to the end for which those Propositions seem to be made. And that since it appears, that the utter abolishing of Episcopacy in the manner propo∣sed is visibly inconvenient, and may be mischievous, the Regulating of Episcopacy, being most consonant to the Primitive Institution, will produce all these good effects towards Peace and Unity, which Regulated Episcopacy is the sum of our former Pa∣per; we desire your Lordships to consent to the same. And we again offer to your Lordships, that if you shall insist upon any other things necessary for Reformation, we will apply our selves to the consideration thereof.

Their Answer to the Second. 13. Feb.

[ LXII] VVE conceive your Lordships second Paper, this day delivered to us, is a Deni∣al of our Demands, that the Ordinance for the Calling and Sitting of the Assembly of Divines be confirmed by Act of Parliament, and that His Majesty take the solemn League and Covenant, and the Covenant be enjoyned to be taken, according to the Second Proposition. Wherein if we mis-conceive your Lordships intention, we desire you would explain the meanings, and accordingly shall make our reports to the Parliaments of both Kingdom.

The King's Commissioners Reply. 13. Feb.

[ LXIII] COncerning the Ordinances for the Calling and Sitting of the Assembly of Divines, and the taking the Covenant, we can give no farther Answer than we have done in our second Paper delivered to your Lordships this day.

Their Answer to the Third. 13. Feb.

[ LXIV] VVE do conceive your Lordships third Paper is a Denial of our Demands, con∣cerning the Directory for publick Worship and the Proposition for Church-Government, against which your Lordships have made no Objection, and your Queries are already satisfied by Conference. And we shall accordingly make our reports to the Parliaments of both Kingdoms.

The King's Commissioners Reply. 13. Feb.

[ LXV] OUR expressions in our Answer to your Lordships Demands concerning the Di∣rectory for publick Worship, import only what we as yet conceive concerning that matter; there having hitherto been no debate touching the same, or concerning the Common-Prayer-Book now established by Law, and thereby intended to be abolished. And therefore we did in that Paper, and do still desire to receive your Lordships* 1.14 Ob∣jections against the Book of Common-Prayer, and your Reasons for introducing the Di∣rectory. Neither can our Answer to the Propositions for Church-Government, annex∣ed to your first Paper, be otherwise taken, than as our desire to receive information how that Government should be constituted in particular, and what Jurisdiction should be established, by whom granted, and upon whom it should depend; which Queries were not satisfied by any Conference, your Lordships (as we conceive) having declared your selves, that the particular form or model of that Government, mentioned in those Propositions only in General, were not then particularly agreed on; and we have since desired and expect to receive it: and therefore your Lordships cannot conceive we have denied that which we have not yet seen, nor been informed of.

Their Answer to the Fourth. 13. Feb.

[ LXVI] TO your Lordships Fourth Paper we Answer; The Bill for suppressing of Innova∣tions in Churches and Chapels in and about the Worship of God, &c. and for the better advancement of the Preaching of God's holy Word in all parts of this King∣dom, and against the enjoying of Pluralities of Benefices by Spiritual Persons, and Non-residency, were heretofore presented to His Majesty, and remain with him; and we herewith deliver to your Lordships the Ordinance for the due observation of the Lord's day, and we insist on our former Demands concerning them. And when your Lord∣ships have given us your full Answers to our desires already with you concerning Reli∣gion, we then shall deliver unto your Lordships our Demands concerning Papists, the re∣gulating the Universities, the Education and Marriage of His Majesty's Children in the true Protestant Religion, contained in our Paper of the 11. of this instant February.

The King's Commissioners Reply. 13. Feb.

[ LXVII] VVE have not the Bills here which we desired of your Lordships, in our Fourth Paper, to see, and which you now say were heretofore presented to His Majesty. But we shall take speedy care to have those Bills, if they remain with His Majesty; and in the mean time desire your Lordships to give us Copies of them, and we shall give your Lordships a speedy Answer, as we shall to the Ordinance for the due observation of the Lord's Day, which we received from your Lordships this night, and had never before seen: and we shall be ready to receive your Lordships* 1.15 Demands con∣cerning Papists, the regulating the Universities, the Education and Marriage of His Ma∣jesty's Children, and shall return our Answers accordingly.

This last Paper concluded the six days appointed for the Treaty upon Religion, according to the Order prescribed for disposing the first 18. days of the 20. for the Treaty. In the end of which 18. days, after some* 1.16 Papers mutually delivered concerning the manner how the two last days should be disposed, this Subject of Religion, with the two others, were again resumed, and their Papers follow∣ing were then delivered in concerning Religion.

Their Paper. 21. Feb.

[ LXVIII] VVHereas your Lordships in your* 1.17 last Paper of Feb. 13. were pleased to say, that (as you conceived) the continual succession of Episcopacy from the Apostles times was consented to on all parts, and that you can∣not remember that the contrary thereof was so much as alledged, much less that the Un∣lawfulness thereof was proved, the Question of the Unlawfulness thereof having never yet come into debate; we desire your Lordships to remember, that when a Divine in Commission with you undertook to prove the Jus Divinum of Episcopacy, his Argu∣ments were not only answered by another Divine in Commission with us, but that 4 or 5 several Arguments were then brought by him out of the Scriptures to prove the Unlawfulness of it; and afterwards in an extrajudicial Debate between several Divines on both sides, by consent of the Commissioners, those Arguments were further made good by the Divines on our side, and the pretended continual succession of Episcopal Government from the Apostles times was (as we conceive) at the same time suffici∣ently disproved: so that we cannot but wonder that your Lordships should forget that the Unlawfulness of it was debated. And whereas in your Lordships* 1.18 last Paper of Feb. 20. you were pleased to say, That if it might be made appear that the Government by Bishops is unlawful, or that the Government which we desire to introduce in the room thereof is the only Government that is agreeable to the Word of God, your Lord∣ships would immediately give us full satisfaction in our Proposition; we desire your Lordships to remember besides what hath been proved in debate concerning the unlaw∣fulness of Episcopal Government, and notwithstanding the general experience that the Government by Arch-bishops, Bishops, &c. hath been a hindrance to Reformation and growth of Religion, and prejudicial to the Civil State, and the manifest evidence of the thing it self, that so much of the Government desired by us as hath been presented to your Lordships is agreeable to the Word of God, how we have several times offered our selves to give your Lordships satisfaction by Conference, if any Objections remai∣ned with your Lordships to the contrary, which we are still ready to do, and desire your Lordships full Answer to that, and the rest of our Propositions concerning Religion.

The King's Commissioners Answer. 21. Feb.

[ LXIX] VVE did conceive that the continual Succession of Episcopacy from the Apostles times had been so clearly manifested to your Lordships by our Conference on the 12. of this instant, that your Lordships had been fully satisfied therein; the which since you are not, we would gladly be informed when and where any National Church since the Apostles times was without that Government: and since your Lordships are of opinion that the Unlawfulness of Episcopacy was made good by those Argu∣ments which were given by the Divines on your part, which in truth we did not

understand to be made to that purpose when they were first urged, and being now again remembred, in our Judgments do not in any degree prove the same, we being very ready to consent to the abolishing thereof if the same can be proved, and your Lordships assuming that you have proved it, and so that you can again prove it, we desire your Lordships by Conference or in writing to satisfie us in that point; which we hope being in your Power (as you say) to do, and being a sure way to put an end to this debate by our yielding, your Lordships will not refuse to do it. But if neither that, nor the other Proposition, that the Government intended to be introduced by your Lordships is the only Government that is agreeable to the Word of God, can be evinced, we hope your Lordships will rest satisfied with the Reasons we have given your Lordships in writing, why we cannot consent to your Propositions concerning Religion as they are made and insisted on by your Lordships, and that we have offered your Lordships a remedy against all the inconveniences that have been ever pretended in the Govern∣ment as it is now established by Law, and which ought not upon less Reasons than we have mentioned to be taken away.

Their Reply. 21. Feb.

[ LXX] WE do not conceive that the continual Succession of Episcopacy from the Apostles times hath been at all manifested to us in Conference by your Lordships; and for what your Lordships mention concerning a National Church, it is a new Question, which hath not as yet been any part of the Subject of our Debate. But we desire to bring that to a Conclusion which is in issue between us; and not doubting but that your Lord∣ships are fully satisfied that Episcopacy is not Jure Divino, we are ready by Conference to shew the Unlawfulness of that Episcopacy which we desire to take away by our Bill, and that the Government which we propose is agreeable to the Word of God.

In pursuance of this Paper, the most part of the next day, being the last of the Treaty, was spent in Dispute between the Divines; and after, their Commissioners deli∣vered in this Paper. 22. Feb.

[ LXXI] HAving the last night given in a Paper unto your Lordships, wherein we signified that we doubted not but that you were fully satisfied that Episcopacy was not Jure Divino, we are the more confirmed in it, because your Lordships have since that time given us nothing in to the contrary: And we hope we have by clear Arguments from Scripture and Reason this day likewise satisfied you, that the Government by Arch-Bishops, Bishops, &c. which we desire to be taken away by this Bill, is unlaw∣ful; and that the Government which we desire to be established is agreeable to the Word of God. And therefore we desire your Lordships to agree to the passing of this Bill, and to give us your full and clear Answer to this and the rest of the Propositions concerning Religion.

The King's Commissioners Answer. 22. February.

[ LXXII] ACcording to your Lordships Paper of the last night, we attended your Debate this day concerning the Unlawfulness of Episcopacy; but did neither then nor do now acknowledge our selves convinced by any Arguments offered by you, that Episco∣pacy is not Jure Divino, the same having been the opinion of very many Learned Men in all Ages, (which we do not censure or determine) but not insisted on by us as the ground of any Answer we have delivered to your Lordships: And we are so far from being sa∣tisfied with the Arguments from Scripture and Reason this day urged to prove that the Government by Arch-Bishops, Bishops, &c. which you desire to be taken away by this Bill, is unlawful, that the weightiest Arguments which were urged (in our Judg∣ments) concluded at most against those Inconveniencies which are remedied by the Alteration offered by us to your Lordships, in our* 1.19 Paper of the 13 of this Month; and it seems strange to us that your Lordships should think that Government (without which no National Church hath been since the Apostles times, till within these few years)

to be unlawful: And for the Government desired by you to be established, your Lordships have not offered any such particular Form of Government to us that may inable us to judge thereof; and we cannot but observe that the Arguments produced to that purpose, were only to prove the same not unlawful, without offering to prove it absolutely necessary. And therefore we conceive our Answer formerly given to your Lordships concerning that Bill, and your Propositions concerning Religion, is a just and reasonable Answer.

After the first three days of the Treaty, spent upon the business of Religion, according to the Order formerly prescribed, the Propositions concerning the Militia were next Treated upon the three days following, beginning the fourth of February, and the same was after resumed the 14th. of February for other three days.

Notes

• * 1.1

  The Pa∣per in∣tended, is that before of 30. Jan. num. 13. The Pro∣positions here intended are those before mentioned on their part, sent by the Earl of Denbigh and others to Oxford. And the Bill for abolishing Episcopacy is in the Appendix, n. 3.
• * 1.2

  Meaning the next present Paper.
• * 1.3

  This joynt Declaration is already printed. But the Articles being not Printed are in the Appendix, n. 4.
• * 1.4

  See be∣fore num. 31.
• * 1.5

  The Di∣rectory which was delivered in is of great length, and the Cove∣nant deli∣vered with it, both now Prin∣ted and ob∣vious, are therefore forborn to be inserted here or in the Appen∣dix.
• * 1.6

  See them in the Appen∣dix n. 5. and 6.
• * 1.7

  The Al∣terations intended here and in the third Proposition, are according to the Articles of the Treaty at Edenburgh, (which see in the Appendix, n. 4.) and the joynt Declaration of both Kingdoms, which are; That whereas by the Bill the Bishops Lands are mentioned to be given to the King, and other Church-Lands for other uses, by those Articles and Declarations they may be taken away, and imployed to payment and recompence of the Scots, and for paying the publick Debts, and repairing of particular Losses.
• * 1.8

  That was by Confe∣rence.
• * 1.9

  See num. 59.
• * 1.10

  These words are in the pre∣amble of the Bill presented by them for abo∣lishing E∣piscopacy.
• * 1.11

  See before in the mar∣gin to the Paper, num. 44.
• * 1.12

  See that Clause in the Bill in the Ap∣pendix, n 3. at this mark †
• * 1.13

  Num. 52.
• * 1.14

  None were made
• * 1.15

  None at all were delivered in.
• * 1.16

  See these Papers af∣ter, n 170. 192, and 193.
• * 1.17

  The Pa∣per inten∣ded, is the King's Commissi∣oners Re∣ply to their first An∣swer, 13. Feb. n. 61.
• * 1.18

  See the Paper, 20. Feb. after n. 196 be∣ing delive∣red upon another occasion.
• * 1.19

  See be∣fore, num. 56.