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 this, about two of the clock the next morning, they gave this Paper following, which is here mentioned, to be delivered upon their breaking up the Treaty, and in∣tended for an Answer to the Paper of the 17. of February, n^o 129.

Their Paper. 22. Feb.

[ CXXXVI] VVE conceive, if your Lordships would weigh our Demands concerning the Power of the Commissioners of both Kingdoms, you will be satisfied with our An∣swers to your several Questions: Where any Doubts were of the expressions, we did ex∣plain them; and where the Propositions were so clear as they could bear no doubtful sense, we did refer your Lordships to the Propositions themselves. And we conceive our Demands concerning the Militia to be most reasonable, and all Objections made against them to be by us removed. And why your Lordships should insist that the Commissio∣ners should not be nominated by the two Houses only, and His Majesty, who is to be equal∣ly secured, should name none, we much marvel at, when you may well consider this Power was not to be exercised by the Commissioners until a Peace had been concluded upon this Treaty, and then His Majesty had been fully secured by the Laws of the King∣dom, and by the Duties and Affections of His Subjects; neither could the Commissio∣ners do any thing in violation of the Peace to the prejudice of His Majesty, contrary to the Trust reposed in them, they having a Rule prescribed which they were not to trans∣gress and being removable by both Houses of the Parliament of England and the Estates of the Parliament of Scotland respectively, and being lyable for any miscarriage to severe punishment. And as for their security who have been with His Majesty in this War, an Act of Oblivion is desired to be passed, whereby all His Majesty's Subjects in both Kingdoms would have been put in one and the same condition and under the same pro∣tection, with some exceptions mentioned in those Propositions. And if the Commissio∣ners had been severally chosen, the memory of these unnatural Divisions must needs have been continued, and probably being severally named, would have acted dividedly according to several Interests, and the War thereby might be more easily revived: Where∣as the scope of the Propositions we have tendred was to take away occasions of future Differences, to prevent the raising of Arms, and to settle a firm and durable Peace. And to your Lordships Objections, that the Commissioners were to continue without any limitation of Time, although the reasonableness thereof hath been sufficiently ma∣nifested to your Lordships, yet out of most earnest desires of Peace we have proposed to your Lordships a time of seven years, as is expressed in our Paper delivered to your Lordships the 21st. of this instant.

And for the peculiar Royal Power which your Lordships mention to reside in His Majesty concerning the Militia, and to make Peace and War, we cannot admit thereof, or that it is otherwise exercised than by Authority from His Majesty and both Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively; neither are the Commissioners to have power to make Peace or War, but that is referred to the 23d. Proposition to be Treated upon in due time.

And for the Navy and Fleet at Sea, the principal means to maintain them is to be raised by the free gift of the Subjects out of Tonnage and Poundage, and other pay∣ments upon Merchandice; and the Navy and Fleet being a principal means of our secu∣rity, the reasons are the same for them as for the Militia by Land.

And for what your Lordships alledge concerning Sheriffs and Justices of Peace and other legal Ministers, not to raise the Posse Comitatus, or Forces to suppress Riots, without being lyable to the interpretation of the Commissioners; we say this is no part of the Militia to be exercised by the Commissioners, but in executing of Justice and legal Pro∣cess, nor can be intended to be any disturbance, but for the preservation of the Peace; nor can their power of hearing and determining Civil Actions and differences be exten∣ded further than preservation of the Articles of the Peace to be made, and as is clearly and plainly exprest in the 27th. Proposition.

And whereas we seek the Militia to be setled in the 15th. Proposition, and the other parts of our Propositions, in order to and for procuring of a Peace, and which are ne∣cessary to a present Union, your Lordships defer them until the Peace shall be establish∣ed: Which delay, we hope, upon second thoughts your Lordships will not judge to be reasonable.

And when your Lordships do take into serious consideration the great Calamities, and how occasioned, (to say no more) you cannot think but that we ought to be most care∣ful of preventing the like for the future.

And seeing all we desire for these so important ends is limited to a few years, we ought to insist upon such a remedy as may be a fitting cure, and in so doing we hope we shall be justified before God and Man.

Wherefore we again most earnestly desire your Lordships, as you tender the deplora∣ble Estates of these bleeding Kingdoms, the setling of Religion, the Honour of His Ma∣jesty, and the composing these miserable Distractions, that your Lordships will give your full and clear Answer to our Demands concerning the Militia.

This last Paper was delivered about two of the clock, when the Treaty was at that in∣stant breaking up, and at the same time the King's Commissioners had (upon the like occa∣sion of two Papers of theirs given in a little before, concerning Ireland, hereafter mentio∣ned) delivered in a Paper, N^o. 179. that they might give Answer thereto the next day, dated as of that day, as had been formerly used, which was not granted; so that in Answer to this Paper so earnestly requiring an Answer in the Close thereof, it was impossible to give in any Paper at the present, neither would any be received but at present.