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.

Their Answer. 14. Feb.

[ CLXXXVII] COncerning the Paper delivered by your Lordships for addition of time for the Trea∣ty, we can give no other Answer, than that we will send Copies of His Majesties Letter, and of the Paper, unto the Houses of Parliament; and after signification of their pleasure we will give further Answer.

Afterwards on the 18. of Feb. they delivered this Paper. 18. Febr.

[ CLXXXVIII] YOur Lordships may please to take notice, that in the twenty days appointed to Treat upon the Propositions concerning Religion, Militia, and Ireland, the first Thursday and three Sundays are not to be included.

The King's Commissioners Paper. 20. Febr.

[ CLXXXIX] BY our Paper delivered to your Lordships the 14. of this Month we moved your Lord∣ships to endeavour an addition of time for this Treaty after the expiration of the days limited for the same, upon the Reasons mentioned in His Majesties Letter; which Letter we then delivered to your Lordships: whereunto your Lordships then returned Answer, that you would send Copies of His Majesties Letter and of our Paper to the Hou∣ses of Parliament, and after signification of their pleasure, you would give farther An∣swer. We now desire to know whether there may be an addition of time for this Treaty after the expiration of the days limited for the same, upon the Reasons mentioned in His Majesties, said Letter, and what time may be added.

Their Answer. 20. Feb.

[ CXC] YOur Lordships Paper of the 14. of this Month, for an addition of time for this Trea∣ty, together with His Majesties Letter concerning the same, were sent by us to the Houses of Parliament, who (* 1.1 as we have already acquainted your Lordships) have de∣clared, That if they shall be satisfied in the good progress of the Treaty upon the Propo∣sitions concerning Religion, the Militia, and Ireland, they will give time for the Treaty upon the Propositions by His Majesty; but farther then this have not as yet signified their pleasures unto us.

The King's Commissioners Paper. 20. February

[ CXCI] HAving now spent 18. days with your Lordships in the Treaty upon Religion, the Mili∣tia, and Ireland; and besides the present satisfaction we have given your Lordships in those particulars, we having offered that further consideration and order be taken there∣in by His Majesty and the Two Houses of Parliament, and your Lordships having pro∣posed many important things in the said several particulars to be framed, settled, and dis∣posed by the Two Houses before a full Agreement can be established; we propose to your

Lordships, whether the two days remaining may not be best spent towards the satisfying your Lordships in those three Propositions, and the procuring a speedy blessed Peace, up∣on finding out some expedient for His Majesties repair to Westminster, that so all Diffe∣rences may be composed, and this poor Kingdom be restored to its ancient Happiness and Se∣curity: and to that purpose if your Lordships shall think fit, we are willing to Treat with your Lordships concerning the best means whereby (all Armies being first disbanded) His Majesty may with Honour, Freedom and Safety, be present with his two Houses of Par∣liament at Westminster. To which two particulars, that is, first concerning the Disband∣ing all Armies, and then for His Majesties speedy repair and residing at Westminster with Honour, Freedom and Safety, we shall (if your Lordships think fit) apply our selves; and accordingly to morrow will be ready to deliver to your Lordships some Propositions upon that Subject: And if your Lordships shall concur with us herein, we hope it will be a good inducement to procure an addition of time to this Treaty, according to His Maje∣sties Proposition in his late Letter to us, which we delivered to your Lordships.

Their Paper. 20. Feb.

[ CXCII] VVE shall, according to mutual agreement between His Majesty and the two Hou∣ses of the Parliament of England, and the Commissioners for the Parliament of Scotland, Treat these two remaining days upon the three Propositions for Religion, the Militia, and Ireland, and shall be glad to receive satisfaction in them from your Lord∣ships, as the best expedient for procuring a speedy and blessed Peace, that the Armies may be disbanded, and the Happiness of His Majesties Presence may again be enjoyed by those who have nothing more in their Prayers and endeavours, then by His Majesties Conjuncti∣on with his Parliament to see all these sad Differences composed, and these distracted King∣doms restored to thein Ancient Happiness and Security: Accordingly we shall be ready to begin again to morrow upon the Propositions for Religion, and receive what your Lord∣ships will propose: and being satisfied upon that and the other two Propositions, we are confident we shall have further time given us to Treat upon such other particulars as shall be necessary for the attaining of those ends we all desire.

There was no other Answer given concerning. His Majesties Commissioners desire to Treat touching His Return to Westminster, and Disbanding Armies; whereupon His Majesties Commissioners delivered this Paper.

20. February.

[ CXCIII] VVE conceive that the Reasons why your Lordships do not give us any Answer to our Paper concerning the Treating for the Disbanding all Armies, and for His Majesties coming to Westminster, may be, because you have no Authority by your Instru∣ctions so to do, though we proposed the same to your Lordships, and do still conceive it most conducing to the conclusion of the Propositions upon Religion, the Militia, and Ireland, upon which we have Treated; and we therefore desire your Lordships, that you will en∣deavour to have your Instructions so enlarged, that we may Treat upon so important and necessary an Expedient for the publick Peace. In the mean time we shall be ready to re∣ceive whatsoever your Lordships please to propose in the business of Religion, presuming that if your Lordships are not satisfied with our Answer therein, in which we have applied Remedies to whatsoever hath ever been complained of as a Grievance in the present Go∣vernment of the Church, that your Lordships will make it appear,* 1.2 that the Government by Bishops is unlawful, or that the Government you intend to introduce in the room thereof is the only Government that is agreeable to the Word of God: either of which being made evident to us, we shall immediately give your Lordships full satisfaction in that you propose.

The King's Commissioners Paper. 22. Feb.

[ CXCIV] BY our Paper delivered to your Lordships. 1. February, we did desire to know whether your Lordships have any Instructions concerning his Majesties Propositions for settling a safe and well grounded Peace; and by our Paper of the third of Feb. we did desire to know whether your Lordships had received any Instructions concerning that Proposition of His Majesties for a Cessation, and if your Lordships had not received any, that you would endeavour to procure authority to Treat thereupon; and by our Paper of the Tenth of Feb. we did desire to know whether your Lordships had received any Instructions con∣cerning His Majesties Propositions, that we might prepare our selves to treat upon them when your Lordships should think fit; and by our Paper delivered to your Lordships 14. Feb. we moved your Lordships, upon Directions received from his Majesty, that you would endeavour to procure an addition of time for this Treaty after the expiration of the days limi∣ted

for the same, upon the Reasons mentioned in his Majesties Letter, which Letter we then delivered to your Lordships; and by our Paper delivered to your Lordships the twen∣tieth of this Month, we moved your Lordships to endeavour an addition of time for this Treaty after the expiration of the days limited for the same, upon the Reasons mentioned in his Majesties said Letter, to which we have not yet received full Answer; nor have we yet had any notice from your Lordships, whether the Two Houses of Parliament have gi∣ven any further time for this Treaty: and having hitherto, according to the order prescribed us, Treated only upon the three first heads of Religion, the Militia, and Ireland, and the Twenty days expiring this day, we again desire to know, whether there is any addition of time granted for this Treaty, our Safe-Conduct being but for two days longer.

Their Answer. 22. Feb.

[ CXCV] YOur Lordships Papers of the first, third, and tenth of February, whether we had any Instructions concerning his Majesties Propositions, and power to Treat for a Cessa∣tion, as also your Papers of the 14th and 20th of Feb. concerning his Majesties Letter for an addition of time to this Treaty, with your Lordships desire thereupon, have been by us sent up to both Houses of Parliament from time to time as we received them, to∣gether with our Answer given to them; and in our Answers we have from time to time declared to your Lordships, that when the Houses shall be satisfied in the good progress of the Treaty upon their Propositions concerning Religion, Militia, and Ireland, they will give an addition of time for the Treaty: And we do conceive, that if your Lordships An∣swers to our Demands concerning Religion, the Militia, and Ireland, had been such as to have given satisfaction in the good progress of this Treaty, mutually consented to for twen∣ty days upon the said Propositions, we should have before this been enabled with power to continue the Treaty, as well upon his Majesties as the rest of the Propositions. But your Lordships having not given full and satisfactory Answers concerning Religion, the Militia, and Ireland, you cannot, for the Reasons above mentioned, expect an addition of time; neither have we received any Instructions to continue this Treaty longer than the twenty days, of which this is the last. And as for your Lordships Safe-Conduct, we conceive the Three Sundays last past being not accounted any days of the Treaty, so this next Sunday is not to be esteemed one of the two days allowed after the Treaty in your Lordships Safe-Conduct, but your Lordships are to have two days besides this next Lords day.

The King's Commissioners Reply. 22. February.

[ CXCVI] WE cannot express the great sadness of our hearts, that all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty, have produced no better effects towards a blessed Peace, which his Majesty, and we who are trusted by him, do so heartily pray for; and that so many and great Offers made by us to your Lord∣ships in the particulars we have Treated upon, should not be thought a good progress on our part in the said Treaty, as we find by your Lordships last Paper (to our great grief) they are not, and therefore that this must be the last day of the Treaty. We desire your Lordships to consider, that we being intrusted by his Majesty to Treat with your Lordships for a safe and well grounded Peace, have upon the matter of your Lordships Propositions consented to so many particulars and alterations of very great importance, and that your Lordships, who were to Treat with us, have not abated one tittle of the most severe and rigorous of your Propositions, saving what you were pleased the last Night to propose in the point of Time concerning the Militia; which though it seems to be limited to seven years, in truth leaves it as unlimited as it was before in your-Propositions; for at the end of seven years, it must not be exercised otherwise than shall be settled by his Majesty and the two Houses of Parliament: so that all the Legal Power now in his Majesty is taken away, and not restored after the seven years expired. Neither is there a full consent to that limi∣tation offered by your Lordships the Commissioners of the Parliament of Scotland. Nor have your Lordships offered to us any prospect towards Peace, other than by submitting totally to those Propositions; the which if we should do, we should consent to such Alte∣rations as by Constructions and Consequences may dissolve the whole frame of the present Government, both Ecclesiastical and Civil, in this Kingdom. And though the particulars proposed by your Lordships have by Debate appeared not only evidently unreasonable, but, literally considered, to comprehend things to be extended to Powers not intended by your selves; yet your Lordships have not been pleased either to restrain or interpret any particu∣lar in any other manner than as is set forth in the said Propositions.

In the matter of Religion we have offered all such Alterations as we conceive may give satisfaction to any Objections that have been, or can be made against that Government, and

have given your Lordships Reasons not onely why we cannot consent to your Lordships Propositions, but that even those Propositions, if consented to, could not be in order to a Reformation, or to the procuring the publick Peace. And we must desire your Lordships to remember, that though you do not onely in your Covenant (which you require may be taken by his Majesty, and enjoyned to be taken by all his Subjects) un∣dertake the Reformation in point of Government, but even in point of Doctrine too, thereby laying an imputation upon the Religion it self so long professed in this Kingdom, with the general approbation of all Reformed Churches; yet your Lordship, have not given us the least Argument, nor so much as intimated in your Debate the least Prejudice to the Doctrine of the Church of England, against which we presume you cannot make any colourable Objection; nor have you given us the view in particular of the Govern∣ment you desire should be submitted to in the place of that you propose to be abolish∣ed: and therefore we propose to your Lordships, if the Alterations proposed by us, do not give your Lordships satisfaction, that so great an Alteration as the total Abolition of a Government established by Law may, for the Importance of it, and any Reformation in Doctrine, for the Scandal of it, be suspended, till after the Disbanding of all Armies his Majesty may be present with the Two Houses of Parliament, and calling a National Synod, may receive such Advice both from the one and the other, as in a matter of so high concernment is necessary; and we are most confident that his Majesty will then fol∣low the Advice which shall be given him. And as any Reformation thus regularly and calmly made, must needs prove for the singular Benefit and Honour of the Kingdom; so we must appeal to your Lordships, whether the contrary, that is, an Alteration even to things though in themselves good, can by the Principles of Christian Religion be enforced upon the King or Kingdom.

In the business of the Militia, though your Lordships do not deny that the Jealousies and apprehensions of Danger are mutual, and that the chief end of depositing the Militia in the hands of certain Persons is for security against those Jealousies and possible Dan∣gers; yet your Lordships insist, That all those Persons to be entrusted shall be nominated by the Two Houses of Parliament in England, and the Estates of the Parliament in Scot∣land; and that the time for that great, general, and unheard-of Trust shall be in such man∣ner, that though it seem to be limited to seven years, yet in truth by declaring, that after those seven years it shall not be otherwise exercised than His Majesty and the Two Houses of Parliament shall agree, His Majesty may thereby be totally and for ever devested of the power of the Sword, without which He can neither defend Himself against Foreign In∣vasions nor Domestick Insurrections, nor execute His Kingly Office in the behalf of His Subjects, to whom He is sworn to give protection. And to both these your Lordships add the introducing a Neighbour-Nation, governed by distinct and different Laws (though uni∣ted under one Sovereign) to a great share in the Government of this Kingdom. In stead of consenting to these Changes, we have offered and proposed to your Lordships, That the Persons to be trusted with the Militia of the Kingdom may be nominated between us, or if that were refused, that an equal number shall be named by you, and the other number by his Majesty, and that half the Forts and places of Strength within the Kingdom, shall be in the Custody of those whom you think fit to be trusted therewith, and the other half in such hands as his Majesty pleases to commit the same to; and all persons, as well those nominated by your Lordships as by his Majesty, to take an Oath for the due discharge of the said Trust: which being considered, as the Security is mutual, so neither part can be supposed to violate the Agreement, without very evident inconvenience and danger to that part who shall so violate it, the whole Kingdom being likely, and indeed obliged to look upon whosoever shall in the least degree violate this Agreement as the Authors of all the miseries which the Kingdom shall thereby suffer. And as it is most reasonable, that, for this Security, his Majesty should part with so much of his own Power, as may make him even unable to break the Agreement which should be now made by him, and on his part; so it is most necessary that all apprehension and danger of such breach being over, that Sovereign Power of the Militia should revert into the proper Chanel, and be, as it hath always been, in his Majesties proper and peculiar Charge. And therefore we have proposed, that the time limited for that Trust should be for three years, which, by the Blessing of God, will produce a perfect understanding between his Majesty and all his People; and if there should be any thing else necessary to be done in this Argument, either for power or time, that the same be considered after the settlement of Peace in Par∣liament: but whatever is now, or hereafter shall be thought necessary to be done, we de∣sire may be so settled, that this Kingdom may depend upon it self, and not be subject to the Laws or Advice of Scotland, as we think fit that Scotland should not receive Rules or Ad∣vice from this, having offered the like for Scotland as for England.

In the business of Ireland, your Lordships propose not onely that his Majesty disclaim and make void the Cessation made by his Royal Authority, and at the desire of the Lords, Justices and Council of that Kingdom, and for the preservation of the remainder of his poor Protestant Subjects there, who were in evident danger of Destruction, both by Fa∣mine and the Sword, but also to put the whole managery of that War, and disposal of the Forces within that Kingdom, and consequently the Government of that Kingdom, into the hands of the Scots General, to be managed by the Advice of a joynt Committee of both Kingdoms, wherein each should have a Negative Voice: In Answer to which, we have acquainted your Lordships with the just grounds of his Majesties proceedings in the business of Ireland, which we are confident, being weighed without prejudice, may satis∣fie all men of his Majesties Piety and Justice therein; and we are very ready and desirous to joyn with your Lordships in any course which may probably preserve and restore that mi∣serable Kingdom.

Having put your Lordships in mind of these particulars, as they have a general reference to the publick good of the Kingdoms, we beseech your Lordships to consider that we have this great Trust reposed in us by his Majesty, and to remember how far these Propositions trench upon his peculiar Kingly Rights, without any, or any considerable recompence or compensation.

In the business of Religion, your Lordships propose the taking away his whole Ecclesia∣stical Jurisdiction, his Donations and Temporalties of Bishopricks, his First Fruits and Tenths of Bishops, Deans and Chapters, instead whereof your Lordships do not offer to constitute the least dependance of the Clergy upon his Majesty; and for that so considera∣ble a part of his Revenue, you propose onely the Bishops Lands to be settled on his Maje∣sty, (reserving a power to dispose even those Lands as you shall think fit:) whereas all the Lands both of Bishops, Deans, and Chapters (if those Corporations must be dissolved) do undoubtedly belong to his Majesty in his own Right.

In the business of the Militia, as it is proposed, his Majesty is so totally devested of the Regal Power of the Sword, that he shall be no more able either to assist any of his Allies with aid, though men were willing to engage themselves voluntarily in that Service, or to defend his own Dominions from Rebellion or Invasion, and consequently the whole Power of Peace and War (the acknowledged and undoubted Right of the Crown) is ta∣ken from him.

In the business of Ireland, the power of nominating his Lieutenant or Deputy, and other Officers there, of managing, directing, or in the least manner of medling in that War, or of making a Peace, is proposed to be taken from him. And to add to all these attempts upon his Kingly Rights, it is proposed to bereave him of the Power of a Father, in the Education and Marriage of his own Children, and of a Master, in the rewarding his own Servants. And therefore we refer it to your Lordships, whether it be possible for us, with a good Conscience, and discharge of the Trust reposed in us, to consent to the Pro∣positions made to us by your Lordships.

Lastly, we must observe to your Lordships, that after a War of near four years, for which the Defence of the Protestant Religion, the Liberty and Property of the Sub∣ject, and the Priviledges of Parliament were made the Cause and grounds, in a Treaty of Twenty days, nor indeed in the whole Propositions upon which the Treaty should be, there hath been nothing offered to be Treated concerning the breach of any Law, or of the Liberty or Property of the Subject, or Priviledge of Parliament, but onely Propositions for the altering a Government established by Law, and for the making new Laws, by which almost all the old are, or may be cancelled; and there hath been nothing in∣sisted on of our part which was not Law, or denied by us that you have demanded as due by Law.

All these things being considered, and being much afflicted that our great hope and ex∣pectation of a Peace is for the present frustrated by your Lordships* 1.3 Declaration, that no more time will be allowed for this Treaty, we are earnest Suitors to your Lordships, that you will interpose with the two Houses, to whom we believe you have transmitted the An∣swers delivered by us to your Lordships upon Religion, the Militia, and Ireland, that this Treaty, though for the present discontinued, may be revived, and the whole matter of their Propositions, and those sent to them by his Majesty, which have not yet been Treated on, may be considered; and that depending that Treaty, to the end we may not Treat in Blood, there may be a Cessation of Arms, and that the poor People of this Kingdom, now exposed to Plunderings and Spoils, and other direful effects of War, may have some earnest of a blessed Peace. And because this Treaty is now expiring, if your Lordships cannot give a present Resolution, we desire when you have represented this to the two Houses, his Majesty may speedily receive their Answer.

Their Answer. 22. Feb.

[ CXCVII] WE conceive your Lordships cannot in reason expect an Answer to the long Paper delivered to us very late this Night at the close of the Treaty, a thing of many days labour, which we apprehend to be rather a Declaration upon the Treaty, than any part thereof, and we could not imagine would be offered: but we cannot forbear, upon the reading thereof, to mention thus much; That it seems by many particulars in that Declara∣tion, it was resolved the Treaty should end with the Twenty days, the means to continue it being well known to be a good progress in the Propositions for Religion, the Militia, and Ireland, and by what we have received, we cannot find any satisfaction in these was intended to be agreed unto.

To that whereby your Lordships ascribe so much to your own Concessions, we shall on∣ly say, That for Religion you have granted very little, or nothing, but what we are alrea∣dy in possession of by the Laws of this Kingdom. For the business of the Militia, your Lordships have not thought fit to consent to any one of our Demands, but in that, as in Religion, have made some new Propositions of your own, which are not in any degree sufficient for setling and securing the Peace of the Kingdoms. As for the Propositions for Ireland, your Lordships have been so far from affording a Consent thereto, that you have justified the destructive Cessation there, and strongly implied an intention to renew the same, and have not yielded to any part of our Propositions cencerning that Kingdom. We shall represent your Lordships Papers to the Parliaments of both Kingdoms, who, upon due con∣sideration thereof, will do what is farther necessary for the good and Peace of His Majesties Dominions.

Besides these several Desires above mentioned from time to time for addition and enlargement of time, for continuing and prolonging the Treaty, or if discontinued, that it might be revived, and after a representation to the Houses, their Answer might be sent to his Majesty; in another Paper before, Num. 135. upon the Head of the Militia, his Majesties Commissioners did propose, That if the Treaty might not then continue, it might be Adjourned for such time as they should think fit, and not totally dissolve, but be again resumed: which Paper is not here inserted, to avoid repetition, being before upon the Head of the Militia, and to which, as to that point of Ad∣journment, no Answer was given.

No Papers were given in to their Commissioners in Answer to the last-mentioned Paper, dated the 22. of Feb. Numb. 197. which came in about two of the Clock in the morning after; nor to that of the same date, Num. 135. concerning the Militia, which came in with it; nor to their two last concerning Ireland, of the 22. of Febr. Num. 177, and 178. which came in about 12. of the Clock that Night: all which were of such length, and delivered upon the close of the Treaty; and those which came in about two of the Clock upon the departure of the Commissioners, that it was impossible to give present Answers; nor could any be given after, as part of the Treaty, without consent, which was required by his Majesties Commissioners, but not granted. Neither is any thing here inserted in Answer to those Papers, because by the Agreements between the Commissioners in the beginning of the Treaty, nothing was to be taken as part of the Treaty but what should be put in writing. And this Relation is intended only for a Narrative of the Treaty, (conformable to the Agreements) without any Observations upon it, or Additions unto it, other than necessary Introdu∣ctions and Transitions for coherence, and more clear under standing the Passages of the Treaty.

Notes

• * 1.1

  See their Paper be∣fore, 11. Feb. num. 184.
• * 1.2

  See their Paper, num. 63. referring to this.
• * 1.3

  See their last Paper.