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.

After some time spent in Conference for Limiting the Time, wherein the Debate was touching the unreasonableness of the Demand, for taking from the King the Power of the Militia, and settling it in Commissioners to be nominated by the two Houses, not limited to any Time, the Kings Commissioners gave in this Paper. 15. Feb.

[ XCVII] WE desire to know whether your Lordships can by your Instructions consent to a limitation of Time in the settling the Militia, or whether you must insist that the Time be unlimited.

Their Answer. 17. Feb.

[ XCVIII] IN Answer to your sixth Paper of the 15th. of this instant concerning the limita∣tion of time in the settling of the Militia, we do insist, That the Time be unlimited, according to our former Demands.

The King's Commissioners Reply. 17. February.

[ XCIX] AFter so long Debate between us concerning the limitation of Time in the settling of the Militia, (in which we conceived your Lordships had been satisfied, that as it is no way necessary for the security of the observation and performance of the pre∣sent Agreement that the Time should be unlimited, so in respect of other considerations it may be very mischievous that it should be unlimited) we had great reason to desire to know whether your Lordships had any power by your Instructions to consent to a limitation of Time, and are sorry that your Lordships will not give us an Answer to that Question, that thereupon we might have endeavoured to have given your Lord∣ships other satisfaction than by not knowing your power therein we are enabled to do.

Their Paper. 17. Feb.

[ C] WE conceived that after so long a Debate between us, your Lordships would have been satisfied, that it was most fit concerning the settling the Militia, for the Time to be unlimited, as we have formerly desired, and which by our Instructions we are to insist upon.

They also delivered in this Paper: 17. Feb.

[ CI] WE desire a full and clear Answer to what we have delivered to your Lordships concerning the Militia, and to know whether your Lordships be limited by any Instructions or Directions what to grant or deny in the same, and that we may have a sight of such Instructions or Directions.

Their Answer. 17. Feb.

[ CII] VVE do herewith deliver to your Lordships such a full and clear Answer to your Propositions concerning the Militia, as we hope will give your Lord∣ships satisfaction, being such as, upon the Conference and Information we have received from your Lordships, seems to us to be most reasonable.

It appeareth by our Commission, whereof your Lordships have a Copy, that it hath not any reference to any Instructions. It is true, that as we have (according to our Duty) from time to time acquainted His Majesty with our proceedings, so in some par∣ticular cases we have desired to be assisted with His Majesty's Opinion; but what An∣swers we 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.

[ CIII] 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.

[ CIV] 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 Lord∣ships 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 ob∣serving 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.

[ CV] 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 King∣dom, 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 sub∣mitted to here.

Their Answer. 14. Feb.

[ CVI] YOur Lordships Desire expressed in your second Paper this day, may be fully satis∣fied by the Propositions concerning the Militia, where the Authority of the Com∣missioners to be nominated is clearly expressed, both in cases of several and of joynt con∣cernment 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.

[ CVII] VVE do not conceive that the Authority of the Commissioners of both King∣doms, and in both Kingdoms, is clearly expressed in your Lordships Pro∣positions, 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.

[ CVIII] 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 Lord∣ships 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.

[ CIX] WE desire to know, whether in that part of the Proposition wherein the Com∣missioners 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 nomi∣nated 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.

[ CX] WE intend that the Commissioners are to be nominated according to the Pro∣positions, 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.

[ CXI] 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 Pro∣position; 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 respe∣ctively.

The King's Commissioners Paper. 15. Feb.

[ CXII] 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 Propo∣sitions, 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 Com∣missioners 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 sa∣tisfaction 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 be∣tween us, that nothing shall be binding or taken as agreed upon, but what shall be in writing on either part.

Their Answer. 17. Feb.

[ CXIII] 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 latter part, what Jurisdiction the Commissioners shall have who may determine all differences that shall be by breach of the Articles of Peace, and by what Law and Rule they shall proceed to hear and determine, the same is clearly set down in our further Answer, of the 15. of this instant, to your second Paper delivered in to us the day before.

The King's Commissioners Answer thereunto. 17. Feb.

[ CXIV] VVE had great reason to desire a perfect and full Answer from your Lordships to our first and second Papers, delivered by us to your Lordships on the 15. of Feb. and we desire your Lordships to consider how difficult a thing it is for us, to give your Lordships a satisfactory Answer to your Propositions as they relate to either or both Kingdoms, or to the Power of the Commissioners of both Kingdoms, as they are to be a joynt Committee to hear and determine all differences, according to Instru∣ctions from both Houses of Parliament of England, or the Estates of the Parliament of Scotland, before your Lordships are pleased to inform us, whether you intend the Com∣missioners of Scotland shall have any Power or Authority in the settling all Forces by Sea and Land in this Kingdom, and what Authority they shall have; and whether the Ad∣vice, Instructions, 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 ac∣cording to those Propositions, otherwise than as the said Advice, Instructions, or Or∣ders 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 dif∣ferences that may occasion the breach of the Articles of the Peace; and by what Law or Rule they shall proceed, try and judge, in the hearing and determining the same. In all which particulars we are very sorry that we can receive no Answers from your Lord∣ships, for want whereof we may fail in giving your Lordships so satisfactory Answers to your Propositions, as otherwise we might be enabled to do.

Their Reply. 17. Feb.

[ CXV] IT is clearly expressed in our Propositions delivered to your Lordships, that all Forces by Sea and Land in this Kingdom are to be settled by the two Houses of the Parlia∣ment of England, and in the Kingdom of Scotland by the Estates of the Parliament there; and we conceive that the Advice, Instructions or Orders of either Kingdom are to have no influence upon the affairs of the other, but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England, and the Estates of the Parliament of Scotland; and for the Jurisdiction of the Commissioners, and by what Law or Rule they shall proceed, we have given your Lordships a full and clear Answer thereunto, in our 5. Paper of the 15. of February.

The King's Commissioners Paper. 17. Feb.

[ CXVI] IN the twelfth Proposition your Lordships desire an Act to be passed for confirmation of the late Treaty, for the settling of the Garrison of Berwick, of the 29 of Novem. 1643. which relating to the business of the Militia, we hold it necessary to see, before we can make our full Answer upon the whole, and desire it accordingly of your Lord∣ships.

Their Answer. 17. Feb.

[ CXVII] AS for what concerns the Act for Confirmation of the late Treaty, and for setling the Garrison of Berwick, it is not now to be Treated upon, but is reserved to its proper time.

The King's Commissioners Paper. 17. Feb.

[ CXVIII] VVE desire to know, whether by the joynt Power mentioned in your Lord∣ships Propositions to be given to the Commissioners for both Kingdoms, to preserve the Peace between the Kingdoms, and the King, and every one of them, your Lordships do intend any other than Military power for suppressing Forces only, which is expressed after in a distinct Clause by it self; and if your Lordships do intend any further Power, that your Lordships would declare the same in certainty and par∣ticular.

Their Answer. 17. Feb.

[ CXIX] VVE conceive the Power of the Commissioners mentioned in the 17. Propo∣sition is there fully expressed, to preserve the Peace betwixt the Kingdoms, to prevent the violation of it, or any Troubles arising in the Kingdoms, by breach of the Articles, and to hear and determine all differences which may occasion the same, according to the Treaty, and to raise Forces to resist Foreign Invasion, and sup∣press intestine Insurrections; as is more at large set down in the Proposition, to which we refer your Lordships.

The King's Commissioners Paper. 17. Feb.

[ CXX] VVE desire to know, whether the Commissioners of both Kingdoms meeting as a joynt Committee, the Commissioners of each Kingdom shall have a Negative Voice, so as nothing can be done without their joynt consent in matters of joynt concernment; and how and by whom it shall be decided, what are cases of joynt con∣cernment to both Kingdoms.

Their Answer. 17. Feb.

[ CXXI] IN all matters of joynt concernment, the Commissioners of both Kingdoms are to act joyntly; and when they shall meet as a joynt Committee upon such matters of joynt concernment, the Commissioners of each Kingdom are to have a Negative Voice: and in doubtful cases, not expressed in the 17. Proposition to be of joynt concernment, where the Commissioners cannot agree whether or no they be of joynt concernment, they are to represent them to the two Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively, to be by them determined, if they be sitting; and in the Intervals of Parliament, if the cases be such as cannot without prejudice to both or either Kingdom admit of delay, we conceive the Com∣missioners of each Kingdom are to act severally, and to be accomptable for it to the two Houses of Parliament of England, and the Estates of the Parliament of Scotland respe∣ctively, at their next sitting.

The King's Commissioners Paper. 17. Feb.

[ CXXII] VVE desire to know, whether by the Propositions for settling the Forces in Commissioners to be nominated by both Houses of Parliament, such as both Kingdoms may confide in, your Lordships do intend, that the Estates of the Parlia∣ment of Scotland shall approve or except against the Commissioners to be nominated for the Kingdom of England, both at present, and from time to time, as the Commissioners shall dye, or be removed, or altered.

Their Answer. 17. Feb.

[ CXXIII] VVE conceive it to be plain by the Proposition it self, that the Commissioners of both Kingdoms are respectively to be nominated by the Parliaments of either Kingdom, and neither Parliament hath power to except against or approve the persons chosen by the other; and we are confident there will be no cause of exception, but who are chosen by either will be such as both may confide in.

The King's Commissioners Paper. 14. Feb.

[ CXXIV] VVE desire to know, whether your Lordships intend by your Proposition con∣cerning the settling of the Admiralty of Scotland by Act of Parliament, to alter the inheritance of any person which is already settled by the Laws of that King∣dom.

Their Answer thereunto. 15. February.

[ CXXV] TO your Lordships fourth Paper of the 14. of Feb. it is answered, that by our Propositions for settling the Admiralty of Scotland by Act of Parliament, it is in∣tended that the Admiralty and Forces at Sea, &c. shall be settled in such manner as the Estates of Parliament there shall think fittest for the safety and security of that King∣dom. And as touching the inheritance of any person which is already settled by the Laws of that Kingdom, the Estates of Parliament will do that which is agreeable to Justice.

The King's Commissioners Paper. 15. February.

[ CXXVI] VVE desire to know whether the Papers delivered to us touching the Militia contain all your Lordships Propositions touching the Militia of England and Scotland: and if they do not, that your Lordships will deliver the rest, that we may make our Answers upon the whole.

Their Answer. 15. Feb.

[ CXXVII] VVHatsoever is contained in the Propositions concerning the Militia of England and Scotland, is delivered in to your Lordships, except the 23. Proposition and the last Article in the 26. Proposition, which are reserved for their proper place.

After all these passages, the King's Commissioners delivered in this Paper, in further Answer to their Propositions concerning the Militia. 17. Feb.

[ CXXVIII] VVE had no purpose in our Answer delivered by us to your Lordships on the sixth day of February, to divide our Answers concerning the Militia of the two Kingdoms otherwise than in point of time, and till we might receive satisfaction from your Lordships concerning the Powers to be given to the Commissioners of both Kingdoms, and the other particulars mentioned in our Papers since delivered to your Lordships, wherein we are not as yet satisfied by any Papers delivered by your Lordships to us. Our further Answer to those Propositions concerning the Militia is, That we are willing and do agree, that the like course shall be taken and observed touching the Militia of the Kingdom of Scotland as is offered in our said Paper of the sixth of February, and as shall be hereafter agreed on for the Kingdom of England, which we conceive to be a full security for the performance and observation of all Arti∣cles which shall be agreed upon between us in order to a blessed Peace; which we are so desirous may be punctually and exactly observed, that we are willing that His Maje∣sty be desired to take a most solemn strict Oath for the full observation thereof; and likewise that all persons of any immediate trust by office or attendance on His Maje∣sty, and any other whom you shall think fit, shall take such Oath for the due obser∣vance of the same, with such reasonable Penalties, as shall be proposed by your Lord∣ships, and agreed to by us: in which we believe we shall not differ with your Lord∣ships, being willing that whosoever shall in the least degree infringe the Agreement which shall be made between us, may be looked upon and accounted as most pernici∣ous Enemies to King and Kingdoms. And if it shall be thought necessary to make any additional settlement of the Militia, with a general reference to the good of the Kingdoms respectively, we desire the same may be done, after the Peace established, by the joynt consent of His Majesty and the two Houses of Parliament in England, and His Majesty and the Estates of the Parliament of Scotland, respectively. And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom, and a perfect Amity with them, and shall not desire any change of, or to intermeddle in their Laws or Government, or give them cause to apprehend any disturbance or violation of them from this Kingdom; so are we obliged with all tenderness to preserve the Honour, Dignity and Constitution of this Realm. And therefore as we are yet satisfied, we cannot consent that any Persons authorized by the Estates of the Parliament of Scotland, or any advice from thence, shall have any in∣fluence upon the Militia of this Kingdom, or further interpose in the affairs of this Kingdom than is already provided by the Act of Pacification. And we offer to your Lordships considerations, whether unless there could be an union of the Laws of both Kingdoms, such a mixture of Power as is now proposed, and the influence thereof both upon Martial and Civil affairs, may not prove very inconvenient and prejudicial to both Kingdoms, and give cause of Jealousies to each other, to the disturbance of that mutual Amity so much desired. But if this intermingling of Power in both Kingdoms shall be further insisted on by your Lordships, we propound that the same may be settled as (after a Peace established) shall be agreed by the joynt consent of His Majesty and both Houses of Parliament of England, and of His Majesty and the Estates of the Par∣liament of Scotland: and if your Lordships shall insist on any thing further for neces∣sary Security, we shall apply our selves to the consideration thereof, if we shall have further time so to do, according to our desires grounded upon His Majesty's Letter.

Their Paper. 17. Feb.

[ CXXIX] WE do conceive that we have in our former Papers punctually satisfied your Lord∣ships in all you desired to know concerning the Powers of the Commissioners of both Kingdoms, and the other particulars mentioned by your Lordships: And what your Lordships now offer concerning the Militia of the Kingdom of Scotland, that the like course shall be taken in it as is expressed in your Lordships Paper of the 6th. of Feb. to be observed for the Militia of this Kingdom, your Lordships may remember, that in our Answer to that Paper we told your Lordships it was differing from what we had proposed, and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms; and it cannot be expected that what was so then for the Kingdom of England, should now be thought other for the Kingdom of Scotland. And though both Kingdoms be now united in the same Cause, and labouring under the same Dangers, and therefore necessitated to a mutual and reciprocal Assistance of each other, had pro∣posed a joynt remedy and security by that Commission desired in our 17th. Propo∣sition; we find your Lordships say, that (as yet you are satisfied) you cannot con∣sent unto it. To which we answer, That we believed we had given your Lordships such convincing Reasons as might have satisfied you, and we doubt not but they may, if you will recollect your memories concerning them, and rightly weight them. This being the last day we are to Treat upon this Subject, it cannot be expected, and, as we conceive, it is altogether needless to use any more Arguments; we do therefore de∣sire your Lordships will be pleased now at the last to give us your full and positive An∣swer to our Demands, as we have often already pressed your Lordships. And whereas your Lordships do propound, that if we shall further insist upon the uniting of the Powers of both Kingdoms, it may be done after the Peace establisht; we desire your Lordships to consider, that it is demanded by us in order to a Peace, and a chief and most necessary means for the attaining and establishing of it. And we further observe, that your Lordships have given us no Answer at all to our 15th. Proposition; which we do likewise insist upon, and desire your Answer.

The King's Commissioners Answer. 17. February.

[ CXXX] IF your Lordships had punctually, or in any degree, satisfied us in what we desired to know concerning the Powers of the Commissioners of both Kingdoms, and the other particulars mentioned by us, we had not troubled your Lordships with so many Questions, to most of which we could receive no other Answers, than the referring us to the Propositions themselves upon which we grounded our Questions. And we con∣ceive that your Lordships Propositions upon the Militia, upon which you still insist, have in truth appeared upon Debate to be most unreasonable in many particulars: As that the Persons to be entrusted with the Militia should be nominated only by the two Houses, and that His Majesty, who is equally to be secured that the Peace should not be broken, should name none; that the Power given to the Commissioners shall be framed and altered as occasion serves by the two Houses only, and that His Majesty, who is so much concerned therein, shall have no Negative Voice as to such Powers, but is abso∣lutely excluded; and that the Time should be unlimited, so that His Majesty for Him∣self and His Posterity should for ever part with their peculiar Regal Power of being able to resist their Enemies, or protect their good Subjects, and with that undoubted and never-denied Right of the Crown, to make War and Peace, and in no time to come, His Majesty or His Posterity should have power to assist their Allies with any supplies of Men, though Voluntiers, or ever more to have any Jurisdiction over Their own Navy or Fleet at Sea, and so consequently must lose all estimation and confidence with Foreign Princes. And many other expressions in the said Propositions do either signifie what we find your Lordships do not expect or intend, or at least are so doubtful, that the clear sense thereof is not evident to all understandings: As by the literal sense of your Propositions, neither the Sheriffs of Counties nor Justices of Peace and other Legal Ministers may raise Forces by the Posse Comitatus or otherwise to suppress Riots, and remove forcible Entries, or to perform the other necessary Duties of their places, with∣out

out being liable to the interpretation of the Commissioners for the Militia, that such Forces are raised or Actions done for the disturbance of the publick Peace; as likewise all Civil Actions and Differences may be comprehended within those Propositions to be tryed before the said Commissioners: neither of which we believe your Lordships in∣tend should be.

And therefore we have in our Answers proposed what we thought would be agree∣able to the matter and end of those Propositions, that is, a reasonable and full Security for the observation of the Articles of the Treaty, which, according to what we have offered, cannot be broken on either part, without evident prejudice and danger to that part which shall endeavour the breaking thereof; and that the memory of these un∣happy Distractions may be forgotten as soon as may be, that the time of this settlement may be limited to three years, which, by the blessing of God, will be sufficient to beget a good understanding between His Majesty and all His People; and that the Fifteenth Proposition, and all the other parts of your Lordships Propositions, being not at all necessary to the present Union and Reconciliation, may be deferred till after the Peace established, to be settled by His Majesty and the two Houses of Parliament in England, and His Majesty and the Estates of the Parliament in Scotland, respectively. But if your Lordships shall not think this way of nomination of Persons to be Commissioners, or the other proposed likewise by us in our Paper of the sixth of February, for the agree∣ment of the Commissioners between your Lordships and us, to be equal; we shall glad∣ly receive any more equal way from your Lordships, since it is apparent that that al∣ready proposed by your Lordships, and which you insist upon in terminis, is not fit to be consented to for the Quiet and Peace of the Kingdom, presuming that you will think the Security ought to be mutual, as the Fears and Jealousies are mutual. And we are most confident that His Majesty so much desires to give all reasonable and fit security on His part, that the Agreement and Peace to be now made shall be inviolably observed: That as He will name no Man for this great Trust against whom there can be just Ex∣ception, (if the Persons are named equally between Him and you;) so if the whole nomination were left to Him, He would pitch only upon such as both Kingdoms might have great cause to confide in, and we believe might give full satisfaction to your Lord∣ships. And therefore we hope your Lordships will believe that the Reason we consent not to your Propositions, is, because we conceive them destructive to the End for which they are proposed, Justice, Peace and Unity; and not that we deny to consent to any reasonable Security for observance of the Agreement to be made, of which we will al∣ways be most tender, with regard to all persons concerned.

This was the last Paper delivered in the last of the six Days touching the Militia; but that being taken up again in some part of the two last days of the Treaty, as those of Reli∣gion and Ireland also were, their Commissioners upon the breaking up of the Treaty, about two of the clock in the Morning after the 22. of February, gave in a Paper intended for an Answer to this Paper, which nevertheless relates to the Paper here next fol∣lowing, delivered by them the 21st. of February, mentioning a limitation of time for seven years, and for that cause is herein set down after that Paper, and as their last of that Subject: And the Papers upon that Subject delivered in the mean time, in the two last days, are these following.

Their Paper. 21. Feb.

[ CXXXI] VVHereas your Lordships have in several Papers much insisted, That the Com∣missioners mentioned in the 17th. Proposition should be for a limited Time, that your Lordships might better give a full Answer to our desires concerning the Mi∣litia; though we conceive the Reasons we have given might have satisfied your Lord∣ships for the Time to be unlimited, yet to manifest our earnest desires of Peace, we pro∣pose to your Lordships, the Time for the said Commissioners to be for seven years from the time of the passing the Act for the Militia; and that after the expiration of such term, the Militia of the Kingdom to be setled and exercised in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England, and by His Majesty and the Estates of the Parliament of Scotland, respectively, and not other∣wise.

At the same time the Scotch Commissioners, from themselves apart, delivered in this Paper, signed by their own Secretary only, all the other Papers being signed by two Secretaries, for the English and Scotch Commissioners. 21. Feb.

[ CXXXII] VVE the Commissioners of the Parliament of Scotland do declare, that our Con∣sent to the Paper given in this day, concerning the limitation of the Power of the Militia in Commissioners, according to the 17th. Proposition, to continue for seven years from the time of the passing of the Act for the Militia, and after the expiration of that term, to be settled in such manner as shall be agreed upon by His Majesty and the two Houses of the Parliament of England, and by His Majesty and the Estates of the Parliament of Scotland, respectively, and not otherwise, is to be understood as followeth; That we will represent the same to the Estates of the Parliament of Scotland or their Committees, to which we are confident they will assent, as that which is conceived to conduce to a happy Agreement, and settling of a firm and blessed Peace.

The King's Commissioners Answer. 22. Feb.

[ CXXXIII] VVE have hitherto conceived, that this Treaty hath been betwixt us that are appointed Commissioners by His Majesty, and your Lordships the Com∣missioners from the two Houses of the Parliament of England, and your Lordships the Commissioners of the Parliament of Scotland, joyntly, and not severally: But finding that your Lordships the Commissioners of the Parliament of Scotland have delivered to us a distinct Paper, signed only by your Secretary, of the twentieth of Feb. concerning the Militia, and that not concurring with the other joynt Paper delivered and subscribed by both your Secretaries upon that Subject that day; we desire to know whether the Commis∣sioners of the Parliament of Scotland have a negative voice, or have not power to con∣clude, without farther power to be granted from the Estates of the Parliament of Scot∣land, and expect in this Treaty to be severally Treated with. And after your Lord∣ships Answer to this Paper we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20th. of February.

Their paper. 122. Feb.

[ CXXXIV] THE Treaty is betwixt us that are the Commissioners of the Parliaments of both Kingdoms joyntly, and not severally; and your Lordships the Commissioners from His Majesty, and the Commissioners of the Parliament of Scotland, did joyn with the Committees of the two Houses of the Parliament of England, in giving in the other joynt Paper concerning the Militia delivered yesterday, subscribed by both Secretaries: But seeing it contains an alteration, limiting the time to seven years, which in the for∣mer Propositions agreed to by both Parliaments is indefinite, they did declare, that they are confident the Parliament of Scotland will assent thereto and they have shewed your Lordships sufficient Power to conclude any thing by them agreed unto.

The King's Commissioners Paper. 22. Feb.

[ CXXXV] WE cannot rest satisfied with your Lordships Answer to our Paper delivered to you this day, concerning your Lordships the Commissioners of the Parlia∣ment of Scotland, it being indeed but a repetition of your Lordships Paper, and no Answer to ours thereupon; and it being very necessary for us to know, whether the Commissioners of the Parliament of Scotland have a negative voice, and whether they have not power to conclude without farther powers to be granted from the Estates of the Parliament of Scotland: Upon the Answer to which we must the rather insist, be∣cause your Lordships last Paper gives the reason of the distinct Paper delivered to us from the Commissioners of the Parliament of Scotland to be, because the limitation of Time

now offered differs from the Propositions agreed on by both Parliaments, in which the Time is indefinite; which seems to us to intimate, that your Lordships who are the Com∣missioners from the Parliament of Scotland, have not power to consent to any alteration from the said Proposition without first acquainting the Parliament of Scotland, although the other joynt Paper delivered upon that Subject be signed by both your Secretaries; and thereby it is evident, that it much concerns us to know whether the said Com∣missioners have a negative voice in this Treaty.

For the matter of your Lordships Paper concerning the limitation of time for the Militia to seven years, it is not possible, by reason of this shortness of time for the Trea∣ty (it being ten of the clock this night when your Paper was delivered) to give your Lordships a full Answer, it being necessary for us to receive satisfaction from your Lordships in writing, or by Conference, whether by the words, [and not otherwise] your Lordships intend that after the expiration of the time limited, His Majesty shall not exercise the Legal Power which He now hath over the Militia, before the same be agreed upon by His Majesty and the two Houses of the Parliament of England, and by His Majesty and the Estates of the Parliament of Scotland, respectively: For which re∣solution and debate we heartily wish the time were sufficient, being very willing to give your Lordships all reasonable satisfaction. And therefore we do propose to your Lordships, that if the Treaty may not now continue, it may be adjourned for such time as you shall think fit, and not totally dissolved, but again resumed; which we propose as the best Expedient now left us for the procuring of a blessed Peace, and by it the pre∣servation of this now miserable Kingdom from utter Ruine and Desolation.

Notes

• The next precedent Paper.
• The Pa∣per after n. 128 was delivered with this.
• See be∣fore n. 16.
• See the printed Act.
• See n. 107. and 109. and n. 105.
• See the Papers in∣tended, n. 92. & 106▪
• Nu. 111.
• See be∣fore, n. 111
• The Ad∣miralty is an office of Inheritance in Scot∣land, and setled by Act of Parlia∣ment.
• Num. 84.