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.

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Title
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.
Author
Charles I, King of England, 1600-1649.
Publication
London :: Printed for Ric. Chiswell ...,
1687.
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Subject terms
Charles -- I, -- King of England, 1600-1649.
Great Britain -- History -- Civil War, 1642-1649.
Link to this Item
http://name.umdl.umich.edu/A31771.0001.001
Cite this Item
"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 digital collection Early English Books Online. https://name.umdl.umich.edu/A31771.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2024.

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Page [unnumbered]

Page 547

MESSAGES, PROPOSITIONS, AND TREATIES FOR PEACE: WITH DIVERS RESOLUTIONS AND DECLARATIONS THEREUPON. MDCXLV. VI. VII. VIII.

His MAJESTIES Message to both Houses, from Oxford, December 5. 1645.

For the Speaker of the House of Peers pro tempore.

CHARLES R.

HIS Majesty being deeply sensible of the continuation of this bloody and un∣natural War, cannot think himself discharged of the Duty He owes to God, or the Affection and regard He hath to the preservation of His People, with∣out the constant application of His earnest Endeavours to find some Expedi∣ent for the speedy ending of these unhappy Distractions, if that may be; doth therefore desire, That a Safe-Conduct may be forthwith sent for the Duke of Richmond, the Earl of Southampton, John Ashburnham and Jeffrey Palmer Esquires, and their Attendants, with Coaches, Horses, and other Accommodations for their Journey to Westminster, during their stay there, and return when they shall think fit; whom His Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, furnished with such Propositions as His Maje∣sty is confident will be the foundation of a happy and well-grounded Peace.

Given at the Court at Oxford, the fifth of December, 1645.

Page 548

The Letter of the two Speakers.

For Sir Thomas Glemham, Governour of Oxford.

SIR,

VVE have received your Letter of the 5th of this instant December, with His Majesties inclosed, and have sent back your Trumpet by command of both Houses, who will with all convenient speed return an Answer to His Majesty, and rest,

Your Loving Friends,

  • Grey of VVark, Speaker of the House of Peers pro tempore.
  • VVilliam Lenthal, Speaker of the House of Commons.

His MAJESTIES Message to both Houses in pursuance of the former. From Oxford, Dec. 15. 1645.

For the Speaker of the House of Peers pro tempore.

CHARLES R.

HIS Majesty cannot but extreamly wonder, that after so many expressions on your part of a deep and seeming sense of the Miseries of this afflicted Kingdom, and of the Dangers incident to His Person during the continuance of this unnatural War, your many great and so often repeated Protestations, that the raising these Arms hath been only for the necessary defence of God's true Religion, His Majesties Honour, Safety and Prosperity, the Peace, Comfort and Security of His People, you should delay a safe Conduct to the Per∣sons mentioned in His Majesties Message of the fifth of this instant December, which are to be sent unto you with Propositions for a well-grounded Peace: a thing so far from having been at any time denied by His Majesty, whensoever you have desired the same, that He believes it hath been seldom (if ever) practised among the most avowed and professed Enemies, much less from Subjects to their King. But His Majesty is resolved that no Discouragements what∣soever shall make Him fail of His part in doing his uttermost endeavours to put an end to these Calamities, which, if not in time prevented, must prove the ruin of this unhappy Nation; and therefore doth once again desire, that a safe Conduct may be forthwith sent for those Persons expressed in His former Message: and doth therefore conjure you, as you will answer to Al∣mighty God in that Day when He shall make inquisition for all the Blood that hath and may yet be spilt in this unnatural War, as you tender the preservation and establishment of the true Religion, by all the Bonds of Duty and Allegiance to your King, or Compassion to your bleeding and unhappy Country, and of Charity to your selves, that you dispose your hearts to a true sense, and imploy all your faculties in a more serious Endeavour together with His Majesty, to set a speedy end to these wasting Divisions; and then He shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom.

Given at the Court at Oxford, the fifteenth of December, 1645.

Page 549

His MAJESTIES Message to both Houses, with Pro∣positions. From Oxford, Dec. 26. 1645.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

NOtwithstanding the strange and unexpected Delays (which can be precedented by no former times) to His Majesties two former Messages, His Majesty will lay aside all Expostulations, as rather serving to lose time, than to contribute any remedy to the evils which (for the present) do afflict this distracted Kingdom: Therefore, without further Preamble, His Majesty thinks it most necessary to send these Propositions this way, which He intended to do by the Persons mentioned in His former Messages; though He well knows the great disadvantage which Overtures of this kind have, by the want of being ac∣companied by well instructed Messengers.

His Majesty conceiving that the former Treaties have hitherto proved ineffectual, chiefly for want of Power in those Persons that Treated, as likewise because those from whom their Power was derived (not possibly having the particular informations of every several Debate) could not give so clear a Judgment as was requisite to so im∣portant a business; if therefore His Majesty may have the engagement of the two Hou∣ses at Westminster, the Commissioners of the Parliament of Scotland, the Mayor, Alder∣men, Common-Council and Militia of London, of the chief Commanders in Sir Thomas Fairfax's Army, as also of those in the Scots Army, for His Majesties free and safe com∣ing to and abode in London or Westminster (with such of His Servants now attending Him, and their Followers, not exceeding in all the number of 300.) for the space of forty days, and after the said time for His free and safe repair to any of His Garrisons of Oxford, Worcester or Newark, (which His Majesty shall nominate at any time before His going from London or Westminster) His Majesty propounds to have a Personal Trea∣ty with the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland, upon all matters which may conduce to the restoring of Peace and Happiness to these miserably-distracted Kingdoms; and to begin with the three Heads which were Treated on at Vxbridge. And for the better clearing of His Maje∣sties earnest and sincere intentions of putting an end to these unnatural Distractions, (knowing that point of security may prove the greatest obstacle to this most blessed Work) His Majesty therefore declares, That he is willing to commit the great Trust of the Militia of this Kingdom, for such Time and with such Powers as are exprest in the Paper delivered by His Majesties Commissioners at Vxbridge the sixth of February last, to these Persons following, viz. the Lord Privy-Seal, the Duke of Richmond, the Mar∣quess of Hartford, the Marquess of Dorchester, the Earl of Dorset Lord Chamberlain, the Earl of Northumberland, the Earl of Essex, Earl of Southampton, Earl of Pembroke, Earl of Salisbury, Earl of Manchester, Earl of Warwick, Earl of Denbigh, Earl of Chichester, Lord Say, Lord Seymour, Lord Lucas, Lord Lexington, Mr. Denzill Hollis, Mr. Pierre∣pont, Mr. Henry Bellassis, Mr. Richard Spencer, Sir Thomas Fairfax, Mr. John Ashburnham, Sir Gervase Clifton, Sir Henry Vane junior, Mr. Robert Wallop, Mr. Thomas Chichely, Mr. Oliver Cromwell, Mr. Philip Skippon; supposing that these are Persons against whom there can be no just exception. But if this doth not satisfie, then His Majesty offers to name the one half, and leave the other to the election of the two Houses of Parliament at Westminster, with the Powers and Limitations before mentioned.

Thus His Majesty calls God and the World to witness of His sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions, which He doubts not but, by the Blessing of God, will soon be put to a happy Conclusion, if this His Majesties offer be accepted; otherwise He leaves all the World to judge who are the continuers of this unnatural War. And therefore He once more conjures you by all the bonds of Duty you owe to God and your King, to have so great a Com∣passion

Page 550

on the bleeding and miserable estate of your Country, that you joyn your most serious and hearty endeavours with His Majesty, to put a happy and speedy end to these present Miseries.

Given at the Court at Oxford, the 26. of December, 1645.

The Answer of both Houses to His MAJESTIES two former Messages of the 5. and 15. of Decemb. brought by Sir Peter Killegrew, Decemb. 27.

May it please your Majesty,

THE Lords and Commons assembled in the Parliament of England at Westminster have received Your Letters of the fifth and fifteenth of this instant December, and having, together with the Commissioners of the Parliament of Scotland, ta∣ken the same into their serious consideration, do humbly return this Answer.

They have in all their Actions manifested to Your Majesty and the World their sincere and earnest desires, that a safe and well-grounded Peace might be settled in Your three Kingdoms; and for the obtaining so great a Blessing shall ever pray to God, and use their utmost endeavours; and beseech Your Majesty to believe, that their not sending a more speedy Answer hath not proceeded from any intention to retard the means of putting an end to these present Calamities by a happy Peace, but hath been occasioned by the Considerations and Debates necessary in a business of so great importance, where∣in both Kingdoms are so much concerned.

As to Your Majesties desire of a safe Conduct for the coming hither of the Duke of Richmond, the Earl of Southampton, John Ashburnham and Jeffrey Palmer Esquires, with Propositions to be the foundation of a happy and well-grounded Peace; they finding that former Treaties have been made use of for other Ends, under the pretence of Peace, and have proved dilatory and unsuccessful, cannot give way to a safe Conduct according to Your Majesties desire: But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and well grounded Peace, which are speedily to be communicated to the Commissioners of the Kingdom of Scotland, do resolve, after mutual agreement of both Kingdoms, to present them with all speed to Your Majesty.

Westminster the 25. Decemb. 1645.

  • Grey of Wark, Speaker of the House of Peers pro tempore.
  • William Lenthal, Speaker of the House of Commons.

His MAJESTIES Gracious Answer to both Houses, sent by Sir Peter Kille∣grew, December 29.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Hou∣ses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

ALthough the Message sent by Sir Peter Killegrew may justly require an expostulato∣ry Answer, yet His Majesty layes that aside, as not so proper for His present En∣deavours; leaving all the World to judge, whether His Proposition for a Perso∣nal Treaty, or the flat denial of a safe Conduct for Persons to begin a Treaty, be grea∣ter signs of a real Intention to Peace; and shall now only insist upon His former Message of the 26. of this December, That upon His repair to VVestminster, He doubts not but so to joyn His Endeavours with His two Houses of Parliament, as to give just satisfacti∣on, not only concerning the business of Ireland, but also for the settling of a way for the payment of the Publick Debts, as well to the Scots and the City of London as others. And as already He hath shewn a fair way for the settling of the Militia, so He shall carefully endeavour in all other particulars that none shall have cause to complain for want of Security, whereby just Jealousies may arise to hinder the continuance of

Page 551

the desired Peace. And certainly this Proposition of a Personal Treaty could never have entred into His Majesties Thoughts, if He had not resolv'd to make apparent to all the World, that the Publick good and peace of this Kingdom is far dearer to Him than the respect of any particular Interest. Wherefore none can oppose this Motion, without a manifest demonstration that he particularly envies His Majesty should be the chief Author in so blessed a Work, besides the declaring himself a direct opposer of the happy Peace of these Nations. To conclude, whosoever will not be ashamed that his fair and specious Protestations should be brought to a true and publick Test, and those who have a real sense, and do truely commiserate the Miseries of their bleeding Coun∣trey, let them speedily and chearfully embrace His Majesties Proposition for His Perso∣sonal Treaty at VVestminster, which, by the blessing of God, will undoubtedly to these now distracted Kingdoms restore the Happiness of a long-wish'd-for and lasting Peace.

Given at the Court at Oxford, the 29. day of December, 1645.

His MAJESTIES Message to both Houses, from Oxford, Jan. 15. 1645-46.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

BUT that these are times wherein nothing is strange, it were a thing much to be marvelled at, what should cause this unparallel'd long detention of His Majesties Trumpet, sent with His Gracious Message of the 26. of December last; Peace being the only subject of it, and His Majesties Personal Treaty the means proposed for it. And it were almost as great a wonder, that His Majesty should be so long from inquiring after it, if that the hourly expectation thereof had not in some measure satisfied His Impatience. But lest His Majesty by His long silence should condemn Himself of Carelesness in that which so much concerns the good of all His People, He thinks it high time to inquire after His said Trumpeter: For since all men who pretend any goodness must desire Peace, and that all men know Treaties to be the best and most Christian way to procure it, and there being as little question that His Majesties Personal Presence in it is the likeliest way to bring it to a happy Issue; He judges there must be some strange variety of accidents which causeth this most tedious Delay. Wherefore His Majesty earnestly desires to have a spee∣dy Account of His former Message, the subject whereof is Peace, and the means His Per∣sonal Presence at Westminster, where, the Government of the Church being setled as it was in the times of the happy and glorious Reigns of Queen Elizabeth and King James, and full Liberty for the ease of their Consciences who will not communicate in that Service established by Law, and likewise for the free and publick use of the Directory (prescri∣bed, and by Command of the two Houses of Parliament now practised in some parts of the City of London) to such as shall desire to use the same, and all Forces being agreed to be Disbanded, His Majesty will then forthwith (as He hath in His Message of the 29. of December last already offered) joyn with His two Houses of Parliament in setling some way for the payment of the publick Debts to His Scots Subjects, the City of London and others. And His Majesty having proposed a fair way for the setling of the Militia, which now by this long Delay seems not to be thought sufficient Security; His Majesty (to shew how really He will imploy Himself at His coming to Westminster for making this a lasting Peace, and taking away all Jealousies, how groundless soever) will endeavour, upon debate with His two Houses, so to dispose of it (as likewise of the business of Ireland) as may give to them and both Kingdoms just satisfaction; not doubting also but to give good contentment to His two Houses of Parliament in the choice of the Lord Admiral, the Of∣ficers of State and others, if His two Houses, by their ready inclinations to Peace, shall give him encouragement thereunto.

Page 552

Thus His Majesty having taken occasion by His just impatience so to explain His Inten∣tions that no man can doubt of a happy issue to this succeeding Treaty; if now there shall be so much as a Delay of the same, He calls God and the World to witness who they are that not only hinder, but reject this Kingdoms future Happiness: it being so much the stranger, that His Majesties coming to Westminster (which was first the greatest pretence for taking up Arms) should be so much as delayed, much less not accepted, or refused. But His Majesty hopes that God will no longer suffer the Malice of Wicked men to hinder the Peace of this too much afflicted Kingdom.

Given at the Court at Oxford, the 15. of January, 1645.

The Answer of both Houses to His MAJESTIES two former Messages of the 26. and 29. of Dec.

May it please your Majesty;

WE your humble and loyal Subjects of both Kingdoms have received your Letters of the 26. and 29. of December last, unto which we humbly return this Answer: That there hath been no Delay on our parts, but what was necessary in a business of so great a consequence, as is exprest in our former Letter to Your Majesty.

Concerning the Personal Treaty desired by your Majesty, There having been so much innocent blood of Your good Subjects shed in this War by Your Majesties Commands and Commissions, Irish Rebels brought over into both Kingdoms, and endeavours to bring over more into both of them, as also Forces from Foreign parts; Your Majesty be∣ing in Arms in these parts, and the Prince in the head of an Army in the West, divers Towns made Garrisons and kept in Hostility by Your Majesty against the Parliament of England; there being also Forces in Scotland against that Parliament and Kingdom, by Your Majesties Commission; the War in Ireland fomented and prolonged by Your Ma∣jesty, whereby the three Kingdoms are brought near to utter Ruine and Destruction: we conceive, that until satisfaction and security be first given to both Your Kingdoms, Your Majesties coming hither cannot be convenient, nor by us assented unto; neither can we apprehend it a means conducing to Peace, that Your Majesty should come to Your Parlia∣ment for a few days, with any thoughts of leaving it, especially with intentions of return∣ing to Hostility against it. And we do observe, That Your Majesty desires the Ingage∣ment not only of Your Parliaments, but of the Lord Mayor, Aldermen, Common-Coun∣cel and Militia of the City of London, the chief Commanders of Sir Thomas Fairfax's Army and those of the Scots Army, which is against the Priviledges and Honour of the Parliaments, those being joyned with them who are subject and subordinate to their Au∣thority.

That which Your Majesty (against the Freedom of the Parliaments) inforces in both Your Letters with many earnest expressions, as if in no other way than that propounded by Your Majesty the Peace of Your Kingdoms could be established, Your Majesty may please to remember, that in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to Your Majesty, which we conceive to be the only way for the attaining a happy and well-grounded Peace, and Your Majesties Assent unto those Propositions will be an effectual means for giving satisfaction and security to Your Kingdoms, will assure a firm Union between the two Kingdoms, (as much desired by each for other as for themselves) and settle Religion, and secure the Peace of the Kingdom of Scotland, whereof neither is so much as mentioned in Your Majesties Letter.

And in proceeding according to these just and necessary grounds for the putting an end to the bleeding Calamities of these Nations, Your Majesty may have the glory to be a Principal Instrument in so happy a Work, and we (however mis-interpreted) shall ap∣prove our selves to God and the World to be real and sincere in seeking a safe and well-grounded Peace.

Westminster, 13. Jan. 1645.

  • Grey of Wark, Speaker of the House of Peers pro tempore.
  • VVilliam Lenthal, Speaker of the House of Commons.
Signed in the Name and by warrant of the Com∣missioners of the Parlia∣ment of Scotland. Balmerino.

Page 553

His MAJESTIES Reply to the Answer of both Houses from Oxford, Jan. 17. 1645-46.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHALLES R.

HIS Majesty thinks not fit now to answer those Aspersions which are return∣ed as Arguments for his not admittance to VVestminster for a Personal Trea∣ty, because it would inforce a Style not suitable to his End, it being the Peace of these miserable Kingdoms: yet thus much he cannot but say to those who have sent him this Answer, That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood, by withdrawing themselves from their Duty to him in a time when he had granted so much to his Subjects, and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their fellow-Subjects, (to say no more, to do as they have done) they could not have given such a false Character of his Majesties Actions. Wherefore his Majesty must now remember them, that having some hours before his receiving of their last Paper of the 13. of Jan. sent another Message to them of the fifteenth, wherein by divers particulars He inlargeth himself to shew the reality of his endeavours for Peace by his desired Personal Treaty (which he still conceives to be the likeliest way to attain to that blessed End) he thinks fit by this Message to call for an Answer to that, and indeed to all the former: For certainly no rational man can think their last Paper can be any Answer to his former Demands, the scope of it being, that because there is a War, therefore there should be no Treaty for Peace. And is it possible to expect that the Propositions mentioned should be the grounds of a lasting Peace, when the Persons that send them will not endure to hear their own King speak? But whatever the success hath been of his Majesties former Messages, or how small soever his hopes are of a better, considering the high strain of those who deal with his Majesty, yet he will neither want Fatherly bow∣els to his Subjects in general, nor will he forget that God hath appointed him for their King with whom he Treats. Wherefore he now demands a speedy Answer to his last and former Messages.

Given at Our Court at Oxon, this 17. of Jan. 1645.

His MAJESTIES further Reply to the said Answer of both Houses, Jan. 24.

To the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and to the Commissioners of the Parliament of Scotland.

CHARLES R.

THE procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty, that no unjust Aspersions whatsoever, or any other Discourage∣ments, shall make him desist from doing his endeavour therein, untill he shall see it altogether impossible: and therefore hath thought fitting so far, only to make Re∣ply to that Paper or Answer which he hath received of the 13. of this instant Jan. as may take away those Objections which are made against his Majesties coming to VVestminster, expecting still an Answer to his Messages of the 15. and 17. which he hopes by this time have begotten better thoughts and resolutions in the Members of both Houses.

Page 554

And first therefore, Whereas in the said last Paper it is objected as an impe∣diment to his Majesties Personal Treaty, that much innocent Blood hath been shed in this War by his Majesties Commissions, &c. He will not now dispute (it being apparent to all the World by whom this Blood hath been spilt) but rather presseth that there should be no more: and to that end only he hath desired this Personal Treaty, as judging it the most immediate means to abolish so many horrid Confusi∣ons in all his Kingdoms. And it is no Argument, to say, That there shall be no such Personal Treaty, because there have been Wars, it being a strong inducement to have such a Treaty to put an end to the War.

Secondly, That there should be no such Personal Treaty, because some of his Irish Subjects have repaired to his Assistance in it, seems an Argument altogether as strange as the other; as always urging that there should be no Physick, because the party is sick. And in this particular it hath been often observed unto them, that those whom they call Irish, who have so expressed their Loyalty to their Soveraign, were indeed (for the most part) such English Protestants as had been formerly sent into Ireland by the two Houses, impossibilitated to stay there any longer by the neglect of those that sent them thither, who should there have better provided for them. And for any Forein Forces, it is too apparent that their Armies have swarmed with them, when his Majesty hath had few or none.

And whereas, for a third impediment, it is alledged that the Prince is in the head of an Army in the West, and that there are divers Garrisons still kept in his Majesties Obedience, and that there are Forces in Scotland; it must be as much confessed, as that as yet there is no Peace: and therefore it is desired that by such a Personal Trea∣ty all these impediments may be removed. And it is not here amiss to put them in mind, how long since his Majesty did press a disbanding of all Forces on both sides; the refusing whereof hath been the cause of this Objection.

And whereas exception is taken, that there is a time limited in the Proposition for his Majesties Personal Treaty, thereupon inferring that he should again return to Ho∣stility; his Majesty protesteth that he seeks this Treaty to avoid future Hostility, and to procure a lasting Peace: and if he can meet with like inclinations to Peace in those he desires to Treat with, he will bring such affections and resolutions in himself as shall end all these unhappy bloody Differences.

As for those Ingagements which his Majesty hath desired for his Security, whosoever shall call to mind the particular occasions that enforced his Majesty to leave his City of London and VVestminster, will judge his Demand very reasonable and necessary for his Safety. But he no way conceiveth how the Lord Maior, Aldermen, Common-Council and Militia of London, were either subject or subordinate to that Authori∣ty which is alledged, as knowing neither Law nor practice for it: and if the two Armies be, he believes it is more than can be parallel'd by any former times in this Kingdom. Nor can his Majesty understand how his Majesties seeking of a Personal Se∣curity can be any breach of Priviledge; it being likely to be infringed by hindring his Majesty from coming freely to his two Houses.

As for the Objection, that his Majesty omitted to mention the settling Religion and securing the Peace of his Native Kingdom, his Majesty declares, that he conceives that it was included in his former, and hath been particularly mentioned in his latter Message of the 15. present. But, for their better satisfaction, he again expresseth, that it was and ever shall be both his meaning and endeavour in this Treaty desired. And it seems to him very clear, that there is no way for a final ending of such Distracti∣ons as afflict this Kingdom, but either by Treaty or Conquest: the latter of which his Majesty hopes none will have the impudence or impiety to wish for; and for the former, if his Personal assistance in it be not the most likely way, let any reasonable man judge, when by that means not only all unnecessary Delays will be removed, but even the greatest Difficulties made easy. And therefore he doth now again earnestly in∣sist upon that Proposition, expecting to have a better Answer upon mature consideration. And can it be imagined that any Propositions will be so effectual being formed before a Personal Treaty, as such as are framed and propounded upon a full debate on both sides? Wherefore his Majesty, who is most concerned in the good of his People, and is most desirous to restore Peace and Happiness to his three Kingdoms, doth again instantly desire an Answer to his said former Messages, to which he hath hitherto received none.

Given at Our Court at Oxon, the 24. of Jan. 1645.

Page 555

His MAJESTIES Message to both Houses, from Oxford, Jan. 29. 1645-46.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parlia∣ment of Scotland.

CHARLES R.

HIS Majesty having received Information from the Lord Lieutenant and Council in Ireland, that the Earl of Glamorgan hath, without his or their Directions or privity, entred into a Treaty with some Commissioners on the Roman-Catholick Party there, and also drawn up and agreed unto certain Articles with the said Commissioners, highly derogatory to his Majesties Honour and Royal Dignity, and most prejudicial unto the Protestant Religion and Church there in Ireland; whereupon the said Earl of Glamorgan is arrested upon sus∣picion of High Treason, and imprisoned by the said Lord Lieutenant and Coun∣cil, at the instance and by the Impeachment of the Lord Digby, who (by reason of his Place, and former Imployment in these Affairs) doth best know how con∣trary that Proceeding of the said Earl hath been to His Majesties Intentions and Directions, and what great prejudice it might bring to His Affairs, if those Pro∣ceedings of the Earl of Glamorgan should be any ways understood to have been done by the directions, liking, or approbation of his Majesty:

His Majesty having in his former Messages for a Personal Treaty offered to give con∣tentment to his two Houses in the Business of Ireland, hath now thought fitting, the better to shew his clear Intentions, and to give satisfaction to his said Houses of Parliament, and the rest of his Subjects in all his Kingdoms, to send this Declaration to his said Houses, containing the whole truth of the business. Which is,

That the Earl of Glamorgan having made offer unto him to raise Forces in the King∣dom of Ireland, and to conduct them into England for his Majesties Service, had a Commission to that purpose, and to that purpose only.

That he had no Commission at all to Treat of any thing else without the privity and directions of the Lord Lieutenant, much less to capitulate any thing concerning Religion, or any Propriety belonging either to Church or Laity.

That it clearly appears by the Lord Lieutenant's Proceedings with the said Earl, that he had no notice at all of what the said Earl had Treated and pretended to have capitula∣ted with the Irish, until by accident it came to his knowledge.

And his Majesty doth protest, that until such time as he had advertisement that the Person of the said Earl of Glamorgan was arrested and restrained, as is above-said, He never heard nor had any kind of notice that the said Earl had entred into any kind of Treaty or Capitulation with those Irish Commissioners; much less that he had concluded or signed those Articles, so destructive both to Church and State, and so repugnant to his Majesties publick Professions and known Resolutions.

And for the further vindication of his Majesties Honour and Integrity herein, He doth declare, That He is so far from considering any thing contained in those Pa∣pers or Writings framed by the said Earl and those Commissioners with whom he Treated, as he doth absolutely disavow him therein, and hath given Commandment to the Lord Lieutenant and the Council there to proceed against the said Earl, as one who, either out of falseness, presumption, or folly, hath so hazarded the blemish∣ing of his Majesties Reputation with his good Subjects, and so impertinently framed those Articles of his own head, without the Consent, Privity, or Directions of his Ma∣jesty, or the Lord Lieutenant, or any of his Majesties Council there. But true it is, that for the necessary preservation of his Majesties Protestant Subjects in Ireland, whose Case was daily represented unto him to be so desperate, his Majesty had given Commission to the Lord Lieutenant to Treat and conclude such a Peace there as might be for the safety of that Crown, the preservation of the Protestant Religion, and no way derogatory to his own Honour and publick Professions.

But to the end that his Majesties real Intentions in this business of Ireland may be

Page 556

the more clearly understood, and to give more ample satisfaction to both Houses of Parli∣ament and the Commissioners of the Parliament of Scotland, especially concerning his Majesties not being engaged in any Peace or Agreement there, he doth desire, if the two Houses shall admit of his Majesties repair to London for a Personal Treaty, (as was formerly proposed) that speedy notice be given thereof to his Majesty, and a Pass or safe Conduct, with a Blank, sent for a Messenger to be immediately dispatched into Ireland, to prevent any accident that may happen to hinder his Majesties Resolu∣tion of leaving and managing of the business of Ireland wholly to the two Houses, and to make no Peace there but with their Consent; which, in case it shall please God to bless His endeavours in the Treaty with success, His Majesty doth hereby engage himself to do.

And for a further explanation of his Majesties Intentions in his former Messages, he doth now Declare, That if his Personal repair to London, as aforesaid, shall be ad∣mitted, and a Peace thereon shall ensue, he will then leave the Nomination of the Persons to be entrusted with the Militia wholly to his two Houses, with such Power and Limitations as are expressed in the Paper delivered by his Majesties Commissioners at Vxbridge the 6. of Febr. 1644. for the term of seven years, as hath been desired, to begin immediately after the Conclusion of the Peace, the disbanding of all Forces on both sides, and the dismantling of the Garrisons erected since these present Troubles; so as at the expiration of the time before mentioned the Power of the Militia shall entirely revert and remain as before.

And for their further security, his Majesty (the Peace succeeding) will be content, that pro hac vice the two Houses shall nominate the Admiral, Officers of State and Judges, to hold their places during Life, or quamdiu se bene gesserint, which shall be best liked, to be accomptable to none but the King and the two Houses of Parliament.

As for matter of Religion, his Majesty doth further Declare, That by the Liberty offered in his Message of the 15. present, for the ease of their Consciences who will not communicate in the Service already established by Act of Parliament in this King∣dom, he intends that all other Protestants, behaving themselves peaceably in and to∣wards the Civil Government, shall have the free exercise of their Religion according to their own way.

And for the total removing of all Fears and Jealousies, His Majesty is willing to agree, That upon the Conclusion of Peace there shall be a general act of Oblivion and Free Pardon past by Act of Parliament in both his Kingdoms respectively.

And lest it should be imagined, that in the making these Propositions, his Majesties King∣dom of Scotland and his Subjects there have been forgotten or neglected, his Majesty De∣clares, That what is here mentioned touching the Militia, and the naming of Officers of State and Judges, shall likewise extend to his Kingdom of Scotland.

And now his Majesty having so fully and clearly expressed his Intentions and Desires of making a happy and well-grounded Peace, if any person shall decline that Happiness by op∣posing so apparent a way of attaining it, he will sufficiently demonstrate to all the World, his intention and design can be no other then the total subversion and change of the an∣cient and happy Government of this Kingdom, under which the English Nation hath so long flourished.

Given at the Court at Oxford, the 29. of January, 1645.

His MAJESTIES Message to both Houses, from Oxford, Feb. 26. 1641.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

HIS Majesty needs to make no excuse though he sent no more Messages unto you, for he very well knows he ought not to do it, if he either stood upon punctilioes of Honour, or his own private Interest; the one being already call'd in question by his often sending, and the other assuredly prejudic'd if a Peace be concluded

Page 557

from that He hath already offer'd, He having therein departed with many of his undoubt∣ed Rights. But nothing being equally dear unto Him to the preservation of His People, His Majesty passeth by many scruples, neglects and delays, and once more desires you to give Him a speedy Answer to His last Message: For His Majesty believes it doth very well be∣come Him (after this very long Delay) at last to utter His Impatience, since that the Goods and Blood of His Subjects cries so much for Peace.

Given at the Court at Oxford, the 26th of Febr. 1645.

His MAJESTIES Message to both Houses, from Oxford, March 23. 1645-46.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster.

CHARLES R.

NOtwithstanding the unexpected silence instead of Answer to His Majesties many and gracious Messages to both Houses, whereby it may appear that they desire to attain their ends by Force rather than Treaty, which may justly discourage His Majesty from any more Overtures of that kind; yet His Majesty conceives He shall be much wanting to His Duty to God, and in what He oweth to the Safety of His People, if He should not intend to prevent the great inconveniences that may otherwise hinder a safe and well-grounded Peace. His Majesty therefore now proposeth, That, so He may have the Faith of both Houses of Parliament for the preservation of His Honour, Person and Estate, and that liberty be given to all those who do and have adhered to His Majesty to go to their own Houses, and there to live peaceably, enjoying their Estates, all Sequestrations being taken off, without being compelled to take any Oath not enjoyned by the undoubt∣ed Laws of the Kingdom, or being put to any other molestation whatsoever; He will im∣mediately disband all His Forces, and dismantle all His Garrisons, and being accompanied with His Royal, not His Martial, Attendance, return to His two Houses of Parliament, and there reside with them. And for the better security of all His Majesties Subjects, He proposeth, That He with His said two Houses, immediately upon His coming to Westmin∣ster, will pass an Act of Oblivion and Free Pardon; and where His Majesty will fur∣ther do whatsoever they will advise Him for the good and Peace of this King∣dom.

And as for the Kingdom of Scotland, his Majesty hath made no mention of it here, in regard of the great loss of time which must now be spent in expecting an Answer from thence; but declares, That immediately upon his coming to Westminster, he will apply himself to give them all satisfaction touching that Kingdom.

If his Majesty could possibly doubt the success of this Offer, he could use many Arguments to perswade them to it; but shall only insist on that great One, of giving an instant Peace to these afflicted Kingdoms.

Given at Our Court at Oxford, the 23d of March, 1645.

His MAJESTIES Letter to the Marquess of Ormond, Lord Lieutenant of Ire∣land, from Oxford, April 13. 1646.

CHARLES R.

RIght Trusty and entirely Beloved Cousin and Counsellour, We greet you well. Ha∣ving used all possible and Honourable means, by sending many gracious Messages to the two Houses of Parliament, wherein We have offered them all they have here∣tofore desired, and desire from them nothing but what they themselves (since these unhap∣py

Page 558

Wars) have offered, to procure Our Personal Treaty with them for a safe and well∣grounded Peace; and having, instead of a dutiful and peaceable return to Our said Mes∣sages, received either no Answer at all, or such as argues nothing will satisfie them but the Ruin, not onely of Us, Our Posterity and Friends, but even of Monarchy it self; and having lately received very good Security, that We, and all that do or shall adhere to Us, shall be safe in Our Persons, Honours and Consciences, in the Scotish Army, and that they shall really and effectually joyn with Us, and with such as will come in unto Us, and joyn with them for Our Preservation, and shall imploy their Armies and Forces to assist Us to the procuring of an happy and well-grounded Peace, for the good of Us and Our Kingdoms, in the recovery of Our just Right: We have resolved to put Our selves to the hazard of passing into the Scots Army now lying before Newark; and if it shall please God that We come safe thither, VVe are resolved to use Our best endeavour, with their Assistance, and with the conjunction of the Forces under the Marquess of Montrosse, and such of Our well-affected Subjects of England as shall rise for Us, to procure, if it may be, an ho∣nourable and speedy Peace with those who have hitherto refused to give ear to any means tending thereunto. Of which Our Resolution We held it necessary to give you this Ad∣vertisement, as well to satisfie you, and Our Council and Loyal Subjects with you (to whom We will that you communicate these Our Letters) that failing in Our earnest and sincere endeavours by Treaty to put an end to the Miseries of these Kingdoms, We esteem∣ed Our self obliged to leave no probable Expedient unattempted to preserve Our Crown and Friends from the Usurpation and Tyranny of those whose Actions declare so manifest∣ly their Designs to overthrow the Laws and happy astablished Government of this King∣dom. And now we have made known to you Our Resolution, We recommend to your special care the disposing and managing of Our Affairs on that side, as you shall conceive most for Our Honour and Service; being confident the course VVe have taken (though with some hazard to Our Person) will have a good influence on that Our Kingdom, and defer, if not altogether prevent, the Rebels transporting of Forces from them into that Kingdom. And VVe desire you to satisfie all Our well-affected Subjects on that side, of Our Princely Care of them, whereof they shall receive the effect as soon as God shall ena∣ble Us. VVe desire you to use some means to let Us and Our Council at Oxon hear fre∣quently from you, and of your Actions and Condition there. And so God prosper your Loyal Endeavours.

Given at Our Court at Oxon, the 13th of April, 1646.

By His Majesties Command, Edward Nicholas.

His MAJESTIES Message to both Houses, from Southwell, May 18. 1646.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

HIS Majesty having understood from both his Houses of Parliament, that it was not safe for him to come to London (whither he had purposed to repair, if so he might, by their Advice to do whatsoever may be best for the good and Peace of these Kingdoms) until he shall first give his Consent to such Propositions as were to be presented to him from them; and being certainly informed that the Armies were marching so fast up to Oxford, as made that no fit place for Treating; did resolve to withdraw him∣self hither, only to secure his own Person, and with no intention to continue this VVar any longer, or to make any Division between his two Kingdoms, but to give such contentment to both, as, by the blessing of God, he might see a happy and well-grounded

Page 559

Peace, thereby to bring Prosperity to these Kingdoms answerable to the best times of his Progenitors.

And since the settling of Religion ought to be the chiefest care of all Councils, his Ma∣jesty most earnestly and heartily recommends to his two Houses of Parliament all the ways and means possible for speedy finishing this pious and necessary VVork; and particular∣ly, that they take the Advice of the Divines of both Kingdoms assembled at VVest∣minster.

Likewise concerning the Militia of England, for securing his People against all pretensi∣ons of Danger, his Majesty is pleased to have it settled as was offered at the Treaty at Vx∣bridge, all the Persons being to be named for the Trust by the two Houses of the Parlia∣ment of England, for the space of seven years; and after the expiring of that term, that it be regulated as shall be agreed upon by his Majesty and his two Houses of Parlia∣ment.

And the like for the Kingdom of Scotland.

Concerning the VVars in Ireland, his Majesty will do whatsoever is possible for him to give full satisfaction therein.

And if these be not satisfactory, his Majesty then desires, that all such of the Propositi∣ons as are already agreed upon by both Kingdoms may be speedily sent unto him; his Ma∣jesty being resolved to comply with his Parliament in every thing that shall be for the hap∣piness of his Subjects, and for the removing of all unhappy Differences which have produced so many sad effects.

His Majesty having made these Offers, he will neither question the thankful acceptation of them, nor doth he doubt but that his two Kingdoms will be careful to maintain him in his Honour and in his just and lawful Rights, which is the only way to make a happy Com∣posure of these unnatural Divisions: and likewise will think upon a solid way of conser∣ving the Peace between the two Kingdoms for time to come; and will take a speedy course for easing and quieting his afflicted People, by satisfying the Publick Debts, by disband∣ing of all Armies, and whatsoever shall be judged conducible to that end: that so, all hinderances being removed, he may return to his Parliament with mutual Com∣fort.

Southwell, May 18. 1646.

POST-SCIPT.

His Majesty being desirous to shun the further effusion of Blood, and to evidence his re∣al Intentions to Peace, is willing that his Forces in and about Oxford be disbanded, and the Fortifications of the City dismantled, they receiving honourable Conditions. VVhich being granted to the Town and Forces there, his Majesty will give the like order to the rest of the Garrisons.

His MAJESTIES Letter to the City of London, from New∣castle, May 19. 1646.

For Our right Trusty and well-beloved, the Lord Maior, Aldermen and Common-Council of Our City of London.

CHARLES R.

RIght Trusty and VVell-beloved, VVe greet you well. Having expressed Our Re∣solution to the two Houses of Our Parliament of England and the Committee of Estates of Our Parliament of Scotland, to give all just satisfaction to the joynt de∣sires of both Kingdoms, VVe have now likewise thought fit to assure the two chief Cities of both Our Kingdoms, That nothing is more grievous to Us than the Trouble and Di∣stractions of Our People, and that nothing on Earth is more desired by Us than that in Religion and Peace, with all the comfortable Fruits of both, they may henceforth live under Us in all Godliness and Honesty. And this Profession VVe make for no other

Page 560

end, but that you may know immediately from Our Selves, Our Integrity, and full reso∣lution to comply with Our Parliaments in every thing for settling Truth and Peace, and Our desire to have all things speedily concluded which shall be found requisite for that end, that Our Return to that Our Ancient City may be to the Satisfaction of Our Parliament, the good liking of you and all Our good People, and to Our own greater joy and comfort. VVe bid you heartily farewell.

From Newcastle, the 19th of May, 1646.

His MAJESTIES Message to both Houses, from Newcastle, June 10. 1646.

For the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

HIS Majesty looking with grief of heart upon the sad sufferings of his People in his three Kingdoms for some years past, and being afflicted with their Distresses and unquiet condition, through the Distractions about Religion, the keeping of Forces on Foot in the Field and Garrisons, the not satisfying of Publick Debts, and the fears of the further effusion of Blood by the continuance of an unnatural VVar in any of these Kingdoms, or by rending and dividing these Kingdoms so happily uni∣ted; and having sent a gracious Message unto both Houses of Parliament, and the Commissioners of the Parliament of Scotland, expressing the necessary Causes of his coming from Oxford unto the Scotish Army, (without any intention to make a division, where he is in Freedom and right capacity to settle a true Peace) and containing such Offers as he conceived would have been accepted, with a general Clause of comply∣ing with their desires; and being impatient of Delays, and not acquainted with the particulars which may give contentment to them: his Majesty doth earnestly desire, That the Propositions of Peace so often promised, and so much expected, may be speedily sent unto him, That upon consideration of them, he may apply himself to give such satisfaction as may be the foundation of a firm Peace. And for the bet∣ter and more speedy attaining thereunto, his Majesty doth further propound, That he may come to London with Safety, Freedom and Honour, where he resolves to comply with his Houses of Parliament in every thing which may be most for the good of his Subjects, and perfect what remains for settling both Kingdoms and Peo∣ple in a happy Condition; being likewise most confident, that they, according to their re-iterated Declarations and solemn Protestations, will be zealous in the main∣tenance of his Honour, and just and lawful Rights. And his Majesty desires the Hou∣ses of Parliament, to disburthen the Kingdom of all Forces and Garrisons in their power, except such as before these unhappy times have been maintained for the ne∣cessary defence and safety of this Kingdom: So he is willing forthwith to disband all his Forces and Garrisons within the same, as the inclosed Order herewith sent will evidence. And if upon these Offers his Majesty shall have such satisfaction, as he may be confident a firm Peace shall ensue thereon, his Majesty will then give Order for his Son the Prince his present return.

Newcastle, the 10th of June, 1646.

Page 561

His MAJESTIES Letter to the Governours of His Garrisons, from Newcastle, June 10. 1646.

To Our Trusty and VVell-beloved, Sir Thomas Glenham, Sir Thomas Tildesley, Colonel H. Washington, Col. Thomas Blagge, Governours of Our Cities and Towns of Oxford, Litchfield, Worcester, and Wallingford; and all other Commanders of any Towns, Castles and Forts in Our Kingdom of England.

CHARLES R.

HAving resolved to comply with the desires of Our Parliament in every thing which may be for the good of Our Subjects, and leave no means unassayed for removing all Differences amongst us; therefore We have thought fit, the more to evidence the reality of Our Intentions of settling a happy and firm Peace, to require you upon ho∣nourable Terms to quit those Towns, Castles and Forts, intrusted to you by Us, and to disband all the Forces under your several Commands.

Newcastle, the tenth of June, 1646.

His MAJESTIES Letter to the Marquess of Ormond, Lord Lieutenant of Ire∣land, from Newcastle, June 11. 1646.

CHARLES R.

RIght Trusty and entirely Beloved Cousin and Counsellor, We greet you well. Ha∣ving long with much grief looked upon the sad Condition Our Kingdom of Ire∣land hath been in these divers years through the wicked and desperate Rebellion there, and the bloody effects have ensued thereupon, for the setling whereof We would have wholly applied Our selves, if the Difference between Us and Our Subjects here had not diverted and withdrawn Us; and not having been able by Force (for that respect) to reduce them; We were necessitated for the present safety of Our Protestant Subjects there, to give you Power and Authority to Treat with them upon such pious, honourable and safe grounds, as the good of that Our Kingdom did then require: But for many Reasons, too long for a Letter, We think fit to require you to proceed no further in Treaty with the Re∣bels, nor to engage Us upon any Conditions with them after sight hereof. And having for∣merly found such real proofs of your ready Obedience to Our Commands, We doubt not of your care in this, wherein Our Service and the good of Our Protestant Subjects in Ireland is so much concerned.

From Newcastle, June 11. 1646.

Page 562

The Propositions of the Lords and Commons assembled in Parlia∣ment, for a safe and well-grounded Peace;

Sent to His Majesty at Newcastle, by the Right Honourable the Earl of Pembroke and Montgomery, the Earl of Suffolk, Members of the House of Peers, and Sir VValter Earle, Sir John Hippesly, Knights, Robert Goodwyn, Luke Robinson, Esquires, Members of the House of Commons.

Die Sabbathi, 11. Julii, 1646.

The Propositions of the Lords and Commons assembled in Parliament,* 1.1 for a safe and well-grounded Peace.

May it please your Majesty,

WE the Lords and Commons assembled in the Parliament of England, in the name and on the behalf of the Kingdoms of England and Ireland, and the Commissioners of the Parliament of Scotland, in the name and on the behalf of the Kingdom of Scotland, do humbly present unto Your Majesty the humble De∣sires and Propositions for a safe and well-grounded Peace agreed upon by the Parlia∣ments of both Kingdoms respectively; unto which we do pray Your Majesties Assent: and that they and all such Bills as shall be tendred to Your Majesty in pursuance of them, or any of them, may be Established and Enacted for Statutes and Acts of Par∣liament by Your Majesties Royal Assent in the Parliaments of both Kingdoms respe∣ctively.

I. WHereas both Houses of the Parliament of England have been necessitated to un∣dertake a War in their just and lawful defence,* 1.2 and afterwards both Kingdoms of England and Scotland joyned in solemn League and Covenant were engaged to prose∣cute the same; That by Act of Parliament in each Kingdom respectively, all Oaths, De∣clarations and Proclamations heretofore had, or hereafter to be had, against both or ei∣ther of the Houses of the Parliament of England, the Parliament of the Kingdom of Scotland, and the late Convention of Estates in Scotland, or Committees flowing from the Parliament or Convention in Scotland, or their Ordinances and Proceedings, or against any for adhering unto them, or for doing or executing any Office, Place or Charge, by any Authority derived from them, and all Judgments, Indictments, Outlawries, Attain∣ders and Inquisitions in any the said Causes, and all Grants thereupon made or had, or to be made or had, be declared null, suppressed and forbidden. And that this be pub∣lickly intimated in all Parish-Churches within His Majesties Dominions and all other places needful.

II. That His Majesty, according to the laudable Example of His Royal Father of hap∣py memory, may be pleased to swear and sign the late solemn League and Covenant; and that an Act of Parliament be passed in both Kingdoms respectively, for enjoyning the ta∣king thereof by all the Subjects of the Three Kingdoms; and the Ordinances concern∣ing the manner of taking the same in both Kingdoms be confirmed by Acts of Parliament respectively, with such Penalties as by mutual advice of both Kingdoms shall be agreed upon.

III. That a Bill be passed for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans and Sub-deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chaunters, Chancellors, Treasurers, Sub∣treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars, of any Cathedral or Collegiate Church, and all other their under Officers, out of the Church of England and Dominion of Wales, and out of the Church of Ireland; with such Alterations concerning the Estates of Prelates as shall agree with the Articles of the late

Page 563

Treaty of the Date at Edenburg, 29. November 1643. and joynt Declaration of both Kingdoms.

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

V. That Reformation of Religion, according to the Covenant, be settled by Act of Par∣liament, in such manner as both Houses have agreed, or shall agree upon after Consultation had with the Assembly of Divines.

VI. Forasmuch as both Kingdoms are mutually obliged by the same Covenant to endea∣vour the nearest Conjunction and Uniformity in matters of Religion, that such Unity and Uniformity in Religion according to the Covenant, as, after Consultation had with the Di∣vines of both Kingdoms now assembled, is, or shall be joyntly agreed upon by both Houses of Parliament of England, and by the Church and Kingdom of Scotland, be confirmed by Acts of Parliament of both Kingdoms respectively.

VII. That for the more effectual disabling Jesuits, Priests, Papists and Popish Recusants from disturbing the State and deluding the Laws, and for the better discovering and spee∣dy conviction of Recusants, an Oath be established by Act of Parliament to be administred to them, wherein they shall abjure and renounce the Popes Supremacy, the Doctrine of Transubstantiation, Purgatory, Worshipping of the Consecrated Host, Crucifixes and Ima∣ges, and all other Popish Superstitions and Errors; and refusing the said Oath, being tendred in such manner as shall be appointed by the said Act, to be a sufficient Conviction of Recusancy.

VIII. An Act of Parliament for Education of the Children of Papists by Protestants in the Protestant Religion.

IX. An Act for the true levy of the Penalties against them, which Penalties to be levied and disposed in such manner as both Houses shall agree on, wherein to be provided that His Majesty shall have no loss.

X. That an Act be passed in Parliament, whereby the practices of Papists against the State may be prevented, and the Laws against them duely executed, and a stricter course taken to prevent the saying or hearing of Mass in the Court, or any other part of this Kingdom.

XI. The like for the Kingdom of Scotland, concerning the four last preceding Proposi∣tions, in such manner as the Estates of the Parliament there shall think fit.

XII. That the King do give His Royal Assent to an Act for the due Observation of the Lords Day.

And to the Bill for the suppression of Innovations in Churches and Chappels 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 the enjoying of Pluralities of Benefices by Spiritual Persons, and Non-Residency.

And to an Act to be framed and agreed upon by both Houses of Parliament for the re∣forming and regulating of both Universities, of the Colledges of Westminster, Winchester and Eaton.

And to such Act or Acts for raising of Moneys for the payment and satisfying of the Pub∣lick Debts and Damages of the Kingdom, and other Publick uses, as shall hereafter be agreed on by both Houses of Parliament; and that if the King do not give His Assent there∣unto, then it being done by both Houses of Parliament, the same shall be as valid to all In∣tents and Purposes as if the Royal Assent had been given thereunto.

The like for the Kingdom of Scotland.

And that His Majesty give assurance of His consenting in the Parliament of Scot∣land to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland, called by the Council and Conservers of the Peace and the Commissio∣ners of the Common Burthens, and assembled the Two and Twentieth day of June,

Page 564

1643. and several times continued since, and of the Parliament of the Kingdom since convened.

XIII. That the Lords and Commons in the Parliament of England assembled, shall, du∣ring the space of twenty years, from the first of July, 1646. Arm, Train, and Discipline, or cause to be Armed, Trained and Disciplined, all the Forces of the Kingdoms of Eng∣land and Ireland, and Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, already raised both for Sea and Land-service; and shall from time to time, during the said space of twenty years, raise, levy, arm, train and discipline, or cause to be raised, levied, armed, trained, and disciplined, any other Forces for Land and Sea-service in the Kingdoms, Dominions and Places aforesaid, as in their judgments they shall from time to time, during the said space of twenty years, think fit and appoint; and that neither the King, His Heirs or Successors, nor any other, but such as shall Act by the Authority or Approbation of the said Lords and Commons, shall, during the said space of twenty years, exercise any of the Pow∣ers aforesaid.

And the like for the Kingdom of Scotland, if the Estates of the Parliament there shall think fit.

That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service, and of the Navy and Forces for Sea-service, in such sort, and by such ways and means as the said Lords and Commons shall from time to time, during the said space of twenty years, think fit and appoint, and not otherwise. That all the said Forces both for Land and Sea-service, so raised or levied, or to be raised or levied, and also the Admi∣ralty and Navy, shall from time to time, during the said space of twenty years, be imploy∣ed, managed, ordered and disposed by the said Lords and Commons, in such sort and by such ways and means as they shall think fit and appoint, and not otherwise. And the said Lords and Commons during the said space of twenty years shall have power.

1. To suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons, to the disturbance of the publick Peace of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Bar∣wick upon Tweed, or any of them.

2. To suppress any Foreign Forces who shall invade or endeavour to invade the King∣doms of England and Ireland, Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or any of them.

3. To conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland, as the said Lords and Commons shall from time to time, during the said space of Twenty years, judge fit and necessary; to resist all Forreign Invasions, and to sup∣press any Forces raised or to be raised against or within either of the said Kingdoms, to the disturbance of the Publick Peace of the said Kingdoms, or any of them, by any Authority under the Great Seal, or other Warrant whatsoever, without Con∣sent of the said Lords and Commons of the Parliament of England, and the Parlia∣ment, or the Estates of the Parliament of Scotland, respectively: and that no Forces of either Kingdom shall go into or continue in the other Kingdom without the Advice and Desire of the said Lords and Commons of the Parliament of England, and the Parlia∣ment of the Kingdom of Scotland, or such as shall be by them appointed for that purpose.

And that after the expiration of the said Twenty years, neither the King, His Heirs or Successors, or any person or persons by colour or pretence of any Commission, Pow∣er, Deputation, or Authority to be derived from the King, His Heirs or Successors, or any of them, shall raise, arm, train, discipline, imploy, order, manage, disband or dis∣pose any of the Forces by Sea or Land, of the Kingdoms of England and Ireland, the Dominion of VVales, Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be during the said space of Twenty years in the said Lords and Com∣mons, nor do any Act or thing concerning the execution of the said Powers or Autho∣rities, or any of them, without the Consent of the said Lords and Commons first had and obtained. That after the expiration of the said Twenty years, in all Cases where∣in the Lords and Commons shall declare the Safety of the Kingdom to be concerned, and shall thereupon pass any Bill or Bills for the raising, arming, training, disciplining, im∣ploying, managing, ordering or disposing of the Forces by Sea or Land, of the King∣doms of England and Ireland, the Dominion of Wales, Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or any part of the said Forces, or concerning the Ad∣miralty and Navy, or concerning the levying of Moneys for the raising, maintenance, or

Page 565

use of the said Forces for Land-service, or of the Navy and Forces for Sea-service, or of any part of them; and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient, that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the Royal Assent shall not be given, as is herein before expressed, shall nevertheless, after declaration of the said Lords and Com∣mons made in that behalf, have the force and strength of an Act or Acts of Parliament, and shall be as valid to all intents and purposes as if the Royal Assent had been given there∣unto.

Provided that nothing herein before contained shall extend to the taking away of the or∣dinary Legal power of Sheriffs, Justices of Peace, Maiors, Bailifs, Coroners, Constables, Headboroughs, or other Officers of Justice not being military Officers, concerning the Ad∣ministration of Justice; so as neither the said Sheriffs, Justices of the Peace, Maiors, Bailiffs, Coroners, Constables, Headboroughs and other Officers, nor any of them, do levy, conduct, imploy or command any Forces whatsoever, by colour or pretence of any Commission of Ar∣ray, or extraordinary command from His Majesty, His Heirs or Successors, without the Con∣sent of the said Lords and Commons.

And if any persons shall be gathered and assembled together in warlike manner, or other∣wise, to the Number of Thirty persons, and shall not forthwith disband themselves, being required thereto by the said Lords and Commons, or command from them, or any by them especially authorized for that purpose, then such person and persons not so disbanding them∣selves shall be guilty and incur the pains of High Treason, being first declared guilty of such Offence by the said Lords and Commons; any Commission under the Great Seal or other Warrant to the contrary notwithstanding.

And he or they that shall offend herein, to be incapable of any Pardon from His Majesty, His Heirs or Successors, and their Estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.

Provided that the City of London shall have and enjoy all their Rights, Liberties and Fran∣chises, Customs and Usages in the raising and imploying the Forces of that City for the de∣fence thereof, in as full and ample manner to all intents and purposes as they have or might have used or enjoyed the same at any time before the making of the said Act or Proposition; to the end that City may be fully assured, it is not the intention of the Parliament to take from them any Priviledges or Immunities in raising or disposing of their Forces, which they have or might have used or injoyed heretofore.

The like for the Kingdom of Scotland, if the Estates of the Parliament there shall think fit.

XIV. That by Act of Parliament all Peers made since the day that Edward Lord Little∣ton, then Lord Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament, being the One and Twentieth day of May, 1642. and who shall be hereafter made, shall not sit or Vote in the Parlia∣ment of England without Consent of both Houses of Parliament: and that all Honour and Title conferred on any without Consent of both Houses of Parliament since the Twen∣tieth of May, 1642. being the day that both Houses declared, That the King seduced by evil Counsel intended to raise War against the Parliament, be declared null and void.

The like for the Kingdom of Scotland, those being excepted whose Patents were passed the Great Seal before the fourth of June, 1644.

XV. That an Act be passed in the Parliaments of both Kingdoms respectively, for Confirmation of the Treaties passed betwixt the Two Kingdoms, (viz.) the large Trea∣ty, the late Treaty for the coming of the Scots Army into England, and the settling of the Garrison of Barwick, of the 29th of November, 1643. and the Treaty con∣cerning Ireland, of the 6. of August, 1642. for the bringing of Ten Thousand Scots into the Province of Vlster in Ireland, with all other Ordinances and Proceedings passed betwixt the Two Kingdoms, and whereunto they are obliged by the aforesaid Trea∣ties.

And that Algernon Earl of Northumberland, John Earl of Rutland, Philip Earl of Pembroke and Montgomery, Robert Earl of Essex, Theophilus Earl of Lincoln, James Earl of Suffolk, Robert Earl of Warwick, Edward Earl of Manchester, Henry Earl of Stamford, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby, Dudly Lord North, John Lord Hunsdon, William Lord Gray, Edward Lord Howard of Escrich, Thomas Lord Bruce, Ferdinando Lord Fairfax, Master Nathaniel Fiennes, Sir William

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Armyne, Sir Philip Stapleton, Sir Henry Vane senior, Master William Pierrepont, Sir Ed∣ward Aiscough, Sir VVilliam Strickland, Sir Arthur Hesilrig, Sir John Fenwick, Sir VVilli∣am Brereton, Sir Thomas VViddrington, Master John Toll, Master Gilbert Millington, Sir VVilliam Constable, Sir John VVray, Sir Henry Vane junior, Master Henry Darley, Oliver Saint-John Esquire, His Majesties Solicitor General, Master Denzill Hollis, Master Alexan∣der Rigby, Master Cornelius Holland, Master Samuel Vassal, Master Peregrine Pelham, John Glyn Esquire, Recorder of London, Master Henry Marten, Master Alderman Hoyle, Ma∣ster John Blakeston, Master Serjeant VVilde, Master Richard Barwis, Sir Anthony Irby, Master Ashurst, Master Bellingham, and Master Tolson, Members of both Houses of the Parliament of England, shall be the Commissioners for the Kingdom of Eng∣land, for Conservation of the Peace between the Two Kingdoms, to act according to the Powers in that behalf exprest in the Articles of the large Treaty, and not other∣wise.

That His Majesty give His Assent to what the Two Kingdoms shall agree upon in prose∣cution of the Articles of the large Treaty, which are not yet finished.

XVI. That an Act be passed in the Parliaments of both Kingdoms respectively for establishing the joynt Declaration of both Kingdoms, bearing date the 30th day of Janua∣ry, 1643. in England, and 1644. in Scotland, with the Qualifications ensuing.

1. Qualification.

That the persons who shall expect no pardon be only these following:

Rupert and Maurice, Count Palatines of the Rhene, James Earl of Derby, John Earl of Bristol, VVilliam Earl of Newcastle, Francis Lord Cottington, George Lord Digby, Mat∣thew Wren Bishop of Ely, Sir Robert Heath Knight, Doctor Bramhall Bishop of Derry, Sir William Widdrington, Colonel George Goring, Henry Jermin Esquire, Sir Ralph Hopton, Sir John Biron, Sir Francis Doddington, Sir John Strangwayes, Master Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale, Henry Vaughan Esquire, now called Sir Henry Vaughan, Sir Francis Windebanke, Sir Richard Greenvile, Master Ed∣ward Hyde, now called Sir Edward Hyde, Sir John Marley, Sir Nicholas Cole, Sir Thomas Riddell junior, Sir John Culpepper, Master Richard Lloyd, now called Sir Richard Lloyd, Master David Jenkins, Sir George Strode, George Carteret Esquire, now called Sir George Carteret, Sir Charles Dallison Knight, Richard Lane Esquire, now called Sir Richard Lane Sir Edward Nicholas, John Ashburnham Esquire, Sir Edward Herbert Knight, His Majesties Attorney General, Earl of Traquaire, Lord Harris, Lord Rae, George Gourdon, sometime Marquess of Huntley, James Graham, sometime Earl of Montross, Robert Maxwell, late Earl of Nithisdale, Robert Dalyell, sometime Earl of Carnwarth, James Gordon, sometime Viscount of Aboyne, Lodowick Linsey, some∣time Earl of Crawford, James Ogleby, sometime Earl of Airley, James Ogleby, sometime Lord Ogleby, Patrick Ruthen, sometime Earl of Forth, James King, sometime Lord Itham, Alester Macdonald, Irwing younger of Drunim, Gordon youn∣ger of Gight, Lesley of Auchentoule, Colonel John Cockram, Graham of Gorthie, Ma∣ster John Maxwell, sometime pretended Bishop of Rosse, and all such others as being Processed by the Estates for Treason, shall be condemned before the Act of Oblivion be passed.

2. Qualification.

All Papists and Popish Recusants, who have been, now are, or shall be actually in Arms, or voluntarily assisting against the Parliaments or Estates of either Kingdom; and by name, The Marquess of VVinton, Earl of VVorcester, Edward Lord Herbert of Ragland, Son to the Earl of VVorcester, Lord Brudenell, Carel Molineaux Esquire, Lord Arundel of VVar∣dour, Sir Francis Howard, Sir John VVinter, Sir Charles Smith, Sir John Preston, Sir Bazill Brook, Lord Audley, Earl of Castlehaven in the Kingdom of Ireland, VVilliam Sheldon of Beely Esquire, Sir Henry Beddingfield.

3. Qualification.

All persons who have had any hand in the plotting, designing or assisting the Rebellion of Ireland, except such persons who having only assisted the said Rebellion, have rendred them∣selves, or come in to the Parliament of England.

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4. Qualification.

That Humfrey Bennet Esquire, Sir Edward Ford, Sir John Penruddock, Sir George Vaughan, Sir John Weld, Sir Robert Leè, Sir John Pate, John Ackland, Edmund Wind∣ham Esquire, Sir John Fitz-herbert, Sir Edward Laurence, Sir Ralph Dutton, Henry Lin∣gen Esquire, Sir William Russell of Worcestershire, Thomas Lee of Adlington Esquire, Sir John Girlington, Sir Paul Neale, Sir William Thorold, Sir Edward Hussey, Sir Thomas Liddal sen. Sir Philip Musgrave, Sir John Digby of Nottinghamshire, Sir Henry Fletcher, Sir Richard Minshull, Laurence Halstead, John Denham Esquire, Sir Edmond Fortescue, Peter Sainthill Esquire, Sir Thomas Tildesley, Sir Henry Griffith, Michael Wharton Esq; Sir Henry Spiller, Mr. George Benyon, now called Sir George Benyon, Sir Edward Walgrave, Sir Edward Bishop, Sir Robert Owseley, Sir John Many, Lord Chomley, Sir Thomas Aston, Sir Lewis Dives, Sir Peter Osbourne, Samuel Thornton Esq; Sir John Lucas, John Blaney Es{que} Sir Thomas Chedle, Sir Nicholas Kemish, Hugh Lloyd Esquire, Sir Nicholas Crispe, Sir Peter Ricaut, and all such of the Scotish Nation as have concurred in the Votes at Oxford against the Kingdom of Scotland and their proceedings, or have sworn or subscri∣bed the Declaration against the Convention and Covenant, and all such as have assisted the Rebellion in the North, or the Invasion in the South of the said Kingdom of Scotland, or the late Invasion made there by the Irish and their Adherents, be removed from his Majesties Counsels, and be restrained from coming within the Verge of the Court; and that they may not, without the Advice and Consent of both Houses of the Parliament of England, or the Estates in the Parliament of Scotland, respectively, bear any Office, or have any Imployment concerning the State or Common-wealth: and in case any of them shall offend therein, to be guilty of high Treason, and incapable of any Pardon from his Majesty, and their Estates to be disposed as both Houses of the Parliament of England, or the Estates of the Parliament in Scotland, respectively, shall think fit: and that one full third part upon full value of the Estates of the persons aforesaid, made in∣capable of Imployment as aforesaid, be imployed for the payment of the Publick Debts and Damages, according to the Declaration.

1. Branch. That the late Members, or any who pretended themselves late Members of either House of Parliament, who have not only deserted the Parliament, but have also sate in the unlawful Assembly at Oxford, called or pretended by some to be a Parliament, and voted both Kingdoms Traitors, and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels, and be restrained from coming within the Verge of the Court; and that they may not, without Advice and Consent of both Kingdoms, bear any Office, or have any imployment concerning the State or Commonwealth: and in case any of them shall offend therein, to be guilty of high Treason, and incapable of any Pardon by his Majesty, and their Estates to be dispo∣sed as both Houses of Parliament in England, or the Estates of the Parliament of Scotland, respectively, shall think fit.

2. Branch. That the late Members, or any who pretended themselves Members of either House of Parliament, who have sate in the unlawful Assembly at Oxford, called or pre∣tended by some to be a Parliament, and have not voluntarily rendred themselves before the last of October 1644. be removed from his Majesties Counsels, and restrained from coming within the Verge of the Court, and that they may not, without the Ad∣vice and Consent of both Houses of Parliament, bear any Office, or have any Imp∣loyment concerning the State of Common wealth; and in case any of them shall of∣fend therein, to be guilty of high Treason, and incapable of any Pardon from his Ma∣jesty, and their Estates to be disposed as both Houses of the Parliament of England shall think fit.

3. Branch. That the late Members, or any who pretended themselves Members of either House of Parliament, who have deserted the Parliament, and adhered to the Enemies thereof, and have not rendred themselves before the last of October 1644. be removed from his Majesties Counsels, and be restrained from coming within the Verge of the Court; and that they may not, without the Advice and Consent of both Houses of Parliament, bear any Office, or have any Imployment concerning the State or Commonwealth: and in case any of them shall offend therein, to be guilty of high Treason, and incapable of any Pardon from his Majesty, and their Estates to be disposed as both Houses of Parliament in England shall think fit.

Page 568

5. Qualification.

That all Judges and Officers towards the Law, Common or Civil, who have deserted the Parliament, and adhered to the Enemies thereof, be incapable of any place of Judi∣cature or Office towards the Law, Common or Civil: and that all Serjeants, Counsellours and Attorneys, Doctors, Advocates and Proctors of the Law, Common or Civil, who have deserted the Parliament, and adhered to the Enemies thereof, be incapable of any practice in the Law, Common or Civil, either in publick or private, and shall not be ca∣pable of any Preferment or Imployment in the Commonwealth, without the Advice and Consent of both Houses of Parliament: and that no Bishop or Clergy-man, no Master or Fellow of any Colledge or Hall in either of the Universities or elsewhere, or any Master of School or Hospital, or any Ecclesiastical person, who hath deserted the Parliament, and adhered to the Enemies thereof, shall hold or enjoy, or be capable of any Prefer∣ment or Imployment in Church or Commonwealth, but all their said several Preferments, Places and Promotions, shall be utterly void, as if they were naturally dead; nor shall they otherwise use their Function of the Ministry, without Advice and Consent of both Houses of Parliament: Provided that no Lapse shall incur by such Vacancy, until six months past after notice thereof.

6. Qualification.

That all persons who have been actually in Arms against the Parliament, or have coun∣selled or voluntarily assisted the Enemies thereof, are disabled to be Sheriffs, Justices of the Peace, Majors, or other head-Officers of any City or Corporation, Commissioners of Oyer and Terminer, or to sit or serve as Members or Assistants in either of the Houses of Parliament, or to have any Military imployment in this Kingdom, without the Consent of both Houses of Parliament.

7. Qualification.

The persons of all others to be free of all personal Censure, notwithstanding any act or thing done in or concerning this War, they taking the Covenant.

8. Qualification.

The Estates of those persons excepted in the first three precedent Qualifications, and the Estates of Edward Lord Littleton, and of William Laud late Archbishop of Canterbury, to pay publick Debts and Damages.

9. Qualification.

1. Branch. That two full parts in three, to be divided of all the Estates of the Mem∣bers of either House of Parliament who have not only deserted the Parliament, but have also Voted both Kingdoms Traitors, and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the publick Debts and Da∣mages of the Kingdom.

2. Branch. That two full parts in three, to be divided of the Estates of such late Mem∣bers of either House of Parliament as sate in the unlawful Assembly at Oxford, and shall not have rendred themselves before the first of December 1645. shall be taken and employ∣ed for the payment of the publick Debts and Damages of the Kingdom.

3. Branch. That one full moiety of the Estates of such Persons, late Members of either of the Houses of Parliament, who have deserted the Parliament, and adhered to the E∣nemies thereof, and shall not have rendred themselves before the first of Decemb. 1645. shall be taken and employed for the payment of the publick Debts and Damages of the Kingdom.

10. Qualification.

That a full third part on the value of the Estates of all Judges and Officers towards the Law, Common or Civil, and of all Serjeants, Councellors and Attorneys, Doctors, Ad∣vocates and Proctors of the Law, Common or Civil, and of all Bishops, Clergy-men,

Page 569

Masters and Fellows of any Colledge or Hall in either of the Universities, or elsewhere; and of all Masters of Schools or Hospitals, and of Ecclesiastical Persons, who have deser∣ted the Parliament, and adhered to the Enemies thereof, and have not rendred themselves before the first of December 1645. shall be taken and employed for the payment of the pub∣lick Debts and Damages of the Kingdom.

That a full sixth part on the full value of the Estates of the Persons excepted in the sixth Qualification, concerning such as have been actually in Arms against the Parliament, or have counselled or voluntarily assisted the Enemies thereof, and are disabled according to the said Qualification, to be taken and employed for the payment of the publick Debts and Damages of the Kingdom.

11. Qualification.

That the Persons and Estates of all common Souldiers and others of the Kingdom of England, who in Lands or Goods be not worth two hundred pounds Sterling, and the Persons and Estates of all common Souldiers and others of the Kingdom of Scot∣land, who in Lands or Goods be not worth one hundred pounds Sterling, be at liberty and discharged,

1. Branch. This Proposition to stand as to the English; and as to the Scots likewise, if the Parliament of Scotland or their Commissioners shall so think fit.

2. Branch. That the first of May last is now the day limited for the persons to come in that are comprised within the former Qualification.

That an Act be passed, whereby the Debts of the Kingdom and the Persons of Delin∣quents and the value of their Estates may be known: and which Act shall appoint in what manner the Confiscations and Proportions before mentioned may be levied and appli∣ed to the discharge of the said Engagements.

The like for the Kingdom of Scotland, if the Estates of Parliament, or such as shall have power from them, shall think fit.

XVII. That an Act of Parliament be passed, to declare and make void the Cessa∣tion of Ireland, and all Treaties and Conclusions of Peace, or any Articles thereupon with the Rebels, without Consent of both Houses of Parliament; and to settle the Pro∣secution of the War of Ireland in both Houses of the Parliament of England, to be managed by them; and the King to assist, and to do no Act to discountenance or molest them therein.

That Reformation of Religion according to the Covenant be setled in the Kingdom of Ireland by Act of Parliament, in such manner as both Houses of the Parliament of Eng∣land have agreed, or shall agree upon after Consultation had with the Assembly of Divines here.

That the Deputy or chief Governour, or other Governours of Ireland, and the Presidents of the several Provinces of that Kingdom, be nominated by both the Hou∣ses of the Parliament of England, or in the Intervals of Parliament, by such Com∣mittees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose; and that the Chancellour or Lord Keeper, Lord Treasurer, Commissioners of the great Seal or Treasury, Lord Warden of the Cinque-ports, Chancellour of the Exchequer and Dutchy, Secretaries of State, Master of the Rolls, Judges of both Benches, and Barons of the Exchequer of the Kingdoms of England and Ireland, and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland, be no∣minated by both Houses of the Parliament of England, to continue quam diu se bene gesse∣rint, and in the Intervals of Parliament by the fore-mentioned Committees, to be appro∣ved or disallowed by both Houses at their next sitting.

The like for the Kingdom of Scotland, concerning the nomination of the Lords of the Privy Council, Lords of Session and Exchequer, Officers of State and Justice General, in such manner as the Estates of the Parliament there shall think fit.

XVIII. That the Militia of the City of London and Liberties thereof may be in the or∣dering and government of the Lord Maior, Aldermen and Commons in Common Council assembled, or such as they shall from time to time appoint, (whereof the Lord Maior and Sheriffs for the time being to be three) to be imployed and directed from time to time in such manner as shall be agreed on and appointed by both Houses of Parliament.

That no Citizen of the City of London, nor any of the Forces of the said City, shall be drawn forth or cempelled to go out of the said City or Liberties thereof for Military service, without their own free Consent.

Page 570

That an Act be passed for the granting and confirming of the Charters, Customs, Liber∣ties, and Franchises of the City of London, notwithstanding any Non-user, Misuser, or Abuser.

That the Tower of London may be in the Government of the City of London, and the chief Officer and Governour thereof from time to time be nominated and removeable by the Common-Council. And for prevention of inconveniences which may happen by the long intermission of Common-Councils, it is desired that there may be an Act, that all by-Laws and Ordinances already made, or hereafter to be made, by the Lord Maior, Alder∣men and Commons in Common-Council assembled, touching the calling, continuing, direct∣ing and regulating the same Common-Councils, shall be as effectual in Law to all Intents and Purposes, as if the same were particularly Enacted by the Authority of Parliament: and that the Lord Maior, Aldermen and Commons in Common-Council, may add to or re∣peal the said Ordinances from time to time as they shall see cause.

That such other Propositions as shall be made for the City, for their further Safety, Wel∣fare and Government, and shall be approved of by both Houses of Parliament, may be granted and confirmed by Act of Parliament.

XIX. That all Grants, Commissions, Presentations, Writs, Process, Proceedings, and other things passed under the Great Seal of England in the custody of the Lords and other Commissioners appointed by both Houses of Parliament for the custody thereof, be, and by Act of Parliament with the Royal Assent shall be declared and Enacted to be of like full force and effect to all intents and purposes, as the same or like Grants, Commissions, Presentations, Writs, Process, Proceedings and other things under any Great Seal of England in any time heretofore were or have been; and that for time to come the said Great Seal now remaining in custody of the said Commissioners conti∣nue and be used for the Great Seal of England: and that all Grants, Commissi∣ons, Presentations, Writs, Process, Proceedings, and other things whatsoever passed under or by authority of any other Great Seal since the two and twentieth day of May Anno Dom. 1642. or hereafter to be passed, be invalid and of no effect to all intents and purposes; except such Writs, Process and Commissions, as being passed under any other Great Seal than the said Great Seal in the Custody of the Commis∣sioners aforesaid, on or after the said two and twentieth day of May, and before the 28. day of November, Anno Dom. 1643. were afterward proceeded upon, return∣ed into, or put in ure in any the Kings Courts at VVestminster; and except the Grant to Master Justice Bacon to be one of the Justices of the Kings Bench; and ex∣cept all Acts and Proceedings by virtue of any such Commissions of Gaol-delivery, Assize, and Nisi prius, or Oyer and Terminer, passed under any other Great Seal than the Seal aforesaid in custody of the said Commissioners before the first of October 1642.

And that all Grants of Offices, Lands, Tenements or Hereditaments made or passed under the Great Seal of Ireland unto any Person or Persons, Bodies Politick or Corporate, since the Cessation made in Ireland the fifteenth day of September 1643. shall be null and void: and that all Honours and Titles conferred upon any Per∣son or Persons in the said Kingdom of Ireland since the said Cessation shall be null and void.

His MAJESTIES Answer to the Propositions of both Houses. Newcastle, Aug. 1. 1646.

To the Speaker of the House of Peers pro tempore, to be communicated to the two Houses of Parliament at Westminster.

CHARLES R.

THE Propositions tendered to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at VVestminster, and the Commissioners of the Parliament of Scotland, (to which the Houses of Parliament have taken twice so many Months for deliberation as they have assigned

Page 571

Days for his Majesties Answer) do import so great Alterations in Government both in the Church and Kingdom, as it is very difficult to return a particular and po∣sitive Answer before a full Debate, wherein these Propositions, and the necessary Explanations, true sense, and Reasons thereof be rightly weighed and understood, and that his Majesty upon a full view of the whole Propositions may know what is left, as well as what is taken away and changed: In all which he finds (upon discourse with the said Commissioners) that they are so bound up from any capaci∣ty either to give Reasons for the Demands they bring, or to give ear to such De∣sires as his Majesty is to propound; as it is impossible for him to give such a pre∣sent judgment of and Answer to these Propositions, whereby he can answer to God, that a safe and well-grounded Peace will ensue (which is evident to all the World can never be, unless the just Power of the Crown, as well as the Freedom and Propriety of the Subject, with the just Liberty and Priviledges of the Parliament, be likewise setled.) To which end his Majesty desires and proposeth to come to Lon∣don, or any of his Houses thereabouts, upon the Publick Faith and security of the two Houses of Parliament and the Scotch Commissioners, That he shall be there with Freedom, Honour and Safety; where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People, but also have these Doubts clear∣ed, and these Difficulties explained unto him, which he now conceives to be destructive to his just Regal Power, if he shall give a full Consent to these Propositions as they now stand.

As likewise that he may make known to them such his reasonable Demands as he is most assured will be very much conducible to that Peace which all good men de∣sire and pray for, by the settling of Religion, the just Priviledges of Parliament; with the Freedom and Propriety of the Subject: and his Majesty assures them, that as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto; so he will chearfully grant and give his Assent unto all such Bills, at the desire of his two Houses, or reasona∣ble Demands for Scotland, which shall be really for the good and peace of his Peo∣ple, not having regard to his own particular (much less of any body's else) in respect of the Happiness of these Kingdoms. Wherefore his Majesty conjures them as Christi∣ans, as Subjects, and as men who desire to leave a good name behind them, that they will so receive and make use of this Answer, that all issues of Blood may be stopped, and these unhappy Distractions peaceably setled.

Newcastle, August 1. 1646.

POST-SCRIPT.

Upon assurance of a happy Agreement, his Majesty will immediately send for the Prince his Son, absolutely expecting his perfect Obedience to return into this King∣dom.

His MAJESTIES Message to both Houses, from Newcastle, Dec. 20. 1646.

To the Speaker of the House of Peers pro tempore, to be communicated to the Lords and Commons of the Parliament of England assembled at Westmin∣ster, and to the Commissioners of the Parliament of Scotland at Lon∣don.

CHALLES R.

HIS Majesties thoughts being always sincerely bent to the Peace of his King∣doms, was and will be ever desirous to take all ways which might the most clearly make appear the Candor of his Intentions to his People; and to this end could find no better way than to propose a Personal free Debate with his two

Page 572

Houses of Parliament upon all the present Differences: yet finding, very much against his expectations, that this Offer was lay'd aside, his Majesty bent all his thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the name of both Kingdoms 24. July last. But the more he endeavoured it, he more plainly saw that any Answer he could make would be subject to mis∣informations and mis-constructions, which upon his own Paraphrases and Explanations he is most confident will give so good satisfaction, as would doubtless cause a happy and lasting Peace. Lest therefore that good Intentions may produce ill Effects, His Majesty again proposeth and desires again to come to London, or any of his Houses thereabouts upon the Publick Faith and Security of his two Houses of Parliament and the Scotch Commissioners, that he shall be there with Honour Freedom and Safe∣ty; where, by his Personal Presence, he may not only raise a mutual Confidence betwixt him and his People, but also have those Doubts cleared and those Difficul∣ties explained to him, without which he cannot (but with the aforesaid mischievous Inconveniencies) give a particular Answer to the Propositions; and with which he doubts not but so to manifest his real Intentions for the setling of Religion, the just Priviledges of Parliament, with the Freedom and Propriety of the Subject, that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm Peace which all honest men desire, assuring them, that as he will make no other Demands but such as he believes confidently to be just and much condu∣cing to the Tranquility of his People; so he will be most willing to condescend to them in whatsoever shall be really for their good and Happiness. Not doubting like∣wise but you will also have a due regard to maintain the just Power of the Crown, according to your many Protestations and Professions. For certainly, except King and People have reciprocal care each of other, neither can be happy.

To conclude, 'Tis your KING Who desires to be heard (the which if refused to a Subject by a King, he would be thought a Tyrant for it) and for that end which all men profess to desire. Wherefore his Majesty conjures you, as you desire to shew your selves really what you profess, even as you are good Christians and Subjects, that you will accept this his Offer, which he is confident God will so bless, that it will be the readiest means by which these Kingdoms may again become a comfort to their Friends, and a terror to their Enemies.

Newcastle, 20. Decemb. 1646.

His MAJESTIES Quaeres to the Scots Commissioners upon Thursday the 14. of January, 1646-7.

IT is a received Opinion by many, That Ingagements, Acts, or Promises of a re∣strained Person, are neither valid nor obligatory. How true or false this is I will not now dispute: But I am sure, if I be not free, I am not fit to an∣swer your or any Propositions. Wherefore you should first resolve Me in what state I stand (as in relation to Freedom) before I can give you any other Answer. (The Reason of this My Question the Governour can best resolve you,) But if you object the loss of time and urgency of it; certainly in one respect it presses none so much as My self: which makes Me also think it necessary (that I be not to seek what to do when this Garrison shall be surrendred up) to demand of you, in case I go into Scotland, if I shall be there with Honour, Freedom and Safety, or how. Being ready to give you a farther and more particular Answer, how soon you shall have resolved these two Quaeres.

Page 573

The Scots Commissioners Answer to His MAJESTIES Quaeres, Thursday the 14. of Jan. 1646-47.

I. TO the First, In what state You stand as in relation to Freedom; The Parliaments of both Your Kingdoms have given such Orders and Directions as they have thought fittest for the good and safety of Your Majesty and the Kingdoms, to the General and Governour.

II. To Your Majesties Second Quaere, of Your going into Scotland, we shall humbly de∣sire, That we may not now be put to give any Answer: But if Your Majesty shall either deny or delay Your Assent to the Propositions, we are in that case to represent to Your Majesty the Resolutions of the Parliament of England.

His MAJESTIES Reply to the Scots Commissioners.

I Know very well, That the General and Governour have received Orders concerning Me; but the question is, Into what state those Orders put Me (as relating to Freedom.) To which you have either Power to Answer, or not. If you have, then Answer Me; otherwise, send to those who can.

And so for my Second Quaere.

His MAJESTIES Message to both Houses, in farther Answer to their Propositions. From Holdenby, May 12. 1647.

For the Speaker of the Lords House pro tempore, to be communicated to the Lords and Commons in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

AS the daily expectation of the coming of the Propositions hath made his Majesty this long time to forbear giving his Answer unto them; so the appearance of their sending being no more (for any thing he can hear) than it was at his first coming hither, notwithstanding that the Earl of Lauderdale hath been at London above these Ten days, (whose not coming was said to be the onely stop) hath caused his Majesty thus to an∣ticipate their coming to him. And yet considering his Condition, that his Servants are de∣nied access to him, all but very few, and those by appointment, not his own election; and that it is declared a Crime for any but the Commissioners, or such who are particularly per∣mitted by them, to converse with his Majesty, or that any Letters should be given to or received from him; may he not truly say, That he is not in case fit to make Concessions, or give Answers, since he is not master of those ordinary Actions which are the undoubted Rights of any free-born man, how mean soever his Birth be? And certainly he would still be silent as to this Subject until his Condition were much mended, did he not prefer such a right understanding betwixt him and his Parliaments of both Kingdoms, which may make a firm and lasting Peace in all his Dominions, before any particular of his own or any earthly Blessing: and therefore his Majesty hath diligently employed his utmost Endea∣vours for divers months past, so to inform his Understanding and to satisfie his Consci∣ence,

Page 574

that he might be able to give such Answers to the Propositions as would be most agreeable to his Parliaments; but he ingenuously professes, that not withstanding all the pains that he hath taken therein, the nature of some of them appears such unto him, that without disclaiming that Reason which God hath given him to judge by for the good of him and his People, and without putting the greatest violence upon his own Conscience, he cannot give his Consent to all of them. Yet his Majesty (that it may appear to all the World how desirous he is to give full satisfaction) hath thought fit hereby to express his rea∣diness to grant what he may, and his willingness to receive from them, and that Personally, (if his two Houses at VVestminster shall approve thereof) such further information in the rest as may best convince his Judgment, and satisfie those Doubts which are not yet clear unto him: desiring them also to consider, That if his Majesty intended to wind himself out of these Troubles by indirect means, were it not easie for him now readily to consent to what hath or shall be proposed unto him, and afterwards chuse his time to break all, alledging, That forc'd Concessions are not to be kept? Surely he might, and not incur a hard Censure from some indifferent men. But Maximes in this kind are not the Guides of his Majesties Actions: for he freely and clearly avows, that he holds it unlawful for any man, and most base in a King, to recede from his Promises for having been obtained by force or under restraint.

Wherefore his Majesty not onely rejecting those Acts which he esteems unworthy of him, but even passing by that which he might well insist upon, a Point of Ho∣nour in respect of his present Condition, thus answers the first Proposition; That upon his Majesties coming to London, He will heartily joyn in all that shall concern the Honour of his two Kingdoms, or the Assembly of the States of Scotland, or of the Commissioners or Deputies of either Kingdom, particularly in those things which are desired in that Proposition; upon confidence that all of them respectively with the same Tenderness will look upon those things which concern his Majesties Ho∣nour.

In answer to all the Propositions concerning Religion, his Majesty proposeth, that he will confirm the Presbyterial Government, the Assembly of Divines at VVestmin∣ster, and the Directory, for Three years, being the time set down by the Two Hou∣ses, so that his Majesty and his Houshold be not hindred from that Form of God's Service which they formerly have: And also that a free Consultation and Debate be had with the Divines at VVestminster (Twenty of his Majesties Nomination being added unto them) whereby it may be determined by his Majesty and the Two Houses how the Church shall be governed after the said Three years, or sooner, if Differences may be agreed. Touching the Covenant, his Majesty is not yet therein satisfied, and desires to respite his particular Answer thereunto until his coming to London; because it being a matter of Conscience, he cannot give a Resolution there in till he may be assisted with the Advice of some of his own Chaplains (which hath hi∣therto been denied him) and such other Divines as shall be most proper to inform him therein: and then he will make clearly appear both his Zeal to the Protestant Profession, and the Union of these two Kingdoms, which he conceives to be the main drift of this Co∣venant.

To the Seventh and Eighth Propositions his Majesty will consent.

To the Ninth his Majesty doubts not but to give good satisfaction, when he shall be particularly informed how the said Penalties shall be levied and dispo∣sed of.

To the Tenth his Majesties Answer is, That he hath been always ready to prevent the practices of Papists, and therefore is content to pass an Act of Parliament for that purpose; and also that the Laws against them be duly executed.

His Majesty will give his Consent to the Act for the due Observation of the Lord's day, for the suppressing of Innovations, and those concerning the preaching of God's Word, and touching Non-residence and Pluralities: and his Majesty will yield to such Act or Acts as shall be requisite to raise moneys for the payment and satisfying all publick Debts, expecting also that his will be therein included.

As to the Proposition touching the Militia, though his Majesty cannot consent unto it in terminis as it is proposed, because thereby he conceives he wholly parts with the power of the Sword entrusted to him by God and the Laws of the Land, for the Protection and Go∣vernment of his People, thereby at once devesting himself and dis inheriting his Posterity of that Right and Prerogative of the Crown which is absolutely necessary to the Kingly Office, and so weaken Monarchy in this Kingdom, that little more than the Name and Sha∣dow of it will remain; yet if it be onely security for the preservation of the Peace of this

Page 575

Kingdom after the unhappy Troubles, and the due performance of all the Agreements which are now to be concluded, which is desired, (which his Majesty always understood to be the case, and hopes that herein he is not mistaken) his Majesty will give abundant satisfaction: To which end he is willing by Act of Parliament, That the whole power of the Militia both by Sea and Land for the space of Ten years be in the hands of such Per∣sons as the Two Houses shall nominate, giving them power during the said Term to change the said Persons, and substitute others in their places at pleasure; and afterwards to return to the proper Chanel again, as it it was in the times of Queen Elizabeth and King James of blessed memory.

And now his Majesty conjures his two Houses of Parliament, as they are English-men and lovers of Peace, by the Duty they owe to his Majesty their King, and by the bowels of Compassion they have to their fellow-Subjects, that they will accept of this his Majesties Offer, whereby the joyful News of Peace may be restored to this languishing King∣dom.

His Majesty will grant the like to the Kingdom of Scotland, if it be desired; and agree to all things that are propounded touching the conserving of Peace betwixt the two King∣doms.

Touching Ireland (other things being agreed) His Majesty will give Satisfaction therein.

As to the mutual Declarations proposed to be established in both Kingdoms by Act of Parliament, and the Modifications, Qualifications and Branches which follow in the Proposi∣tions, his Majesty onely professes, that He doth not sufficiently understand, nor is able to reconcile many things contained in them: but this He well knoweth, that a general Act of Oblivion is the best bond of Peace; and that after Intestine Troubles, the Wisdom of this and other Kingdoms hath usually and happily in all Ages granted general Pardons, where∣by the numerous discontentments of many Persons and Families, otherwise exposed to ru∣ine, might not become fewel to new Disorders, or seeds to future Troubles. His Majesty therefore desires that His two Houses of Parliament would seriously descend into these Con∣siderations, and likewise tenderly look upon His condition herein, and the perpetual disho∣nour that must cleave to Him, if He shall thus abandon so many Persons of Condition and Fortune that have engaged themselves with and for him out of a sense of Duty; and pro∣pounds as a very acceptable testimony of their Affection to him, That a general Act of Ob∣livion and free Pardon be forthwith passed by Act of Parliament.

Touching the new Great Seal, His Majesty is very willing to confirm both it and all the Acts done by virtue thereof until this present time, so that it be not thereby pressed to make void those Acts of His done by virtue of his Great Seal, which in Honour and Justice He is obliged to maintain; and that the future Government thereof may be in His Majesty, ac∣cording to the due course of Law.

Concerning the Officers mentioned in the 19. Article, His Majesty when He shall come to Westminster, will gratifie His Parliament all that possibly He may, without destroying the alterations which are necessary for the Crown.

His Majesty will willingly consent to the Act for the confirmation of the Priviledges and Customs of the City of London, and all that is mentioned in the Propositions for their par∣ticular advantage.

And now that His Majesty hath thus far endeavoured to comply with the desires of His two Houses of Parliament, to the end that this Agreement may be firm and lasting, without the least face or question of restraint to blemish the same, His Majesty earnestly desires pre∣sently to be admitted to His Parliament at Westminster with that Honour which is due to their Sovereign, there solemnly to confirm the same, and legally to pass the Acts before mentioned, and to give and receive as well satisfaction in all the remaining particulars, as likewise such other pledges of mutual Love, Trust and Confidence, as shall most concern the good of Him and His People: Upon which happy Agreement His Majesty will dispatch His Directions to the Prince His Son to return immediately to Him, and will undertake for his ready Obedi∣ence thereunto.

Holdenby, May 12. 1647.

Page 576

MDCXLVII. Jul. The Londoners Petition and Engagement.

To the Right Honourable the Lord Maior, the Right Worshipful the Aldermen and Commons of the City of London in the Common or Guild-Hall of the City of London assembled, The Humble Petition of the Citizens, Commanders, Offi∣cers and Soldiers of the Trained Bands and Auxiliaries, the Young men and Ap∣prentices of the Cities of London and VVestminster, Sea-Commanders, Sea-men and Water-men, together with divers other Commanders, Officers and Soldiers with∣in the Line of Communication and Parishes mentioned in the Weekly Bills of Mor∣tality,

Sheweth,

THat your Petitioners (taking into serious consideration how Religion, His Majesties Honour and Safety, the Priviledges of Parliament and Liberties of the Subject are at present greatly endangered and like to be destroyed; and also sadly weighing with our selves what means might likely prove the most effectual to procure a firm and la∣sting Peace, without a further effusion of Christian English Blood) have therefore entred into a solemn Engagement, which is hereunto annexed, and do humbly and earnestly de∣sire that this whole City may joyn together by all lawful and possible means, as one man, in hearty endeavours for His Majesties present coming up to His two Houses of Parliament with Honour, Safety, and Freedom; and that without the nearer approach of the Army, there to confirm such things as He hath granted in His Message of the 12. of May last, in answer to the Propositions of both Kingdoms; and that by a Personal Treaty with his two Houses of Parliament, and the Commissioners of the Kingdom of Scotland, such things as are yet in difference may be speedily settled, and a firm and lasting Peace established. All which we desire may be presented to both Houses of Parliament from this Honourable As∣sembly.

And we shall pray, &c.

A solemn Engagement of the Citizens, Commanders, Officers and Soldiers of the Trained Bands and Auxiliaries, the Young men and Apprentices of the Cities of Lon∣don and VVestminster, Sea-Commanders, Sea-men and Water-men, together with divers other Commanders, Officers and Soldiers within the Line of Communication and Parishes mentioned in the Weekly Bill of Mortality.

WHereas we have entred into a solemn League and Covenant for Reformation and Defence of Religion, the Honour and Happiness of the King, and the Peace and Safety of the Three Kingdoms of England, Scotland and Ireland, all which we do evidently perceive not only to be endangered, but ready to be destroyed: we do therefore in pursuance of our said Covenant, Oath of Allegiance, Oath of every Free-man of the Cities of London and Westminster, and Protestations, solemnly engage our selves, and vow unto Almighty God, That we will to the utmost of our power cor∣dially endeavour that His Majesty may speedily come to His two Houses of Parliament, with Honour, Safety and Freedom, (and that without the nearer approach of the Army,) there to confirm such things as He hath granted in His Message of the 12. of May last, in Answer to the Propositions of both Kingdoms; and that by a Personal Treaty with His two Houses of Parliament, and the Commissioners of the Kingdom of Scotland, such things as are yet in difference may be speedily settled, and a firm and lasting Peace established. For effecting whereof we do protest and re-oblige our selves, as in the presence of God the searcher of all hearts, with our Lives and Fortunes to endeavour, what in us lies, to pre∣serve and defend His Majesties Royal Person and Authority, the Priviledges of Parliament and Liberties of the Subject, in their full and constant Freedom, the Cities of London and

Page 577

Westminster, Lines of Communication, and Parishes mentioned in the Weekly Bills of Mor∣tality, and all others that shall adhere with us to the said Covenant, Oath of Allegiance, Oath of every Freeman of London and VVestminster, and Protestation: Nor shall we by any means admit, suffer or endure any kind of Neutrality in this Common Cause of God, the King and Kingdom, as we do expect the Blessing of Almighty God, whose help we crave, and wholly devolve our selves upon, in this our Undertaking.

A Declaration of the Lords and Commons assembled in Parliament.

Die Sabbathi, 24. Julii, 1647.

THE Lords and Commons having seen a printed Paper intituled, A Petition to the Right Honourable the Lord Maior, the Right VVorshipful the Aldermen and Commons of the City of London, in the Common or Guild-Hall of the City of London assem∣bled, under the Name of divers Citizens, Commanders, Officers and Soldiers of the Trained Bands, Auxiliaries and others, Young men and Apprentices, Sea-Commanders, Sea-men and VVater-men, together with a dangerous Engagement of the same persons by Oath and Vow, concerning the King's present coming to the Parliament upon Terms far different from those which both Houses, after mature deliberation, have declared to be necessary for the good and safety of this Kingdom, casting Reflections upon the Proceedings both of the Parliament and Army, and tending to the imbroiling the Kingdom in a new War; and the said Lords and Commons taking notice of great endeavours used by divers ill-affected per∣sons to procure Subscriptions thereunto, whereby well-meaning people may be mis∣led; do therefore declare, That whosoever, after Publication or notice hereof, shall proceed in, or promote, or set his Name to, or give Consent that his Name be set unto, or any way joyn in the said Engagement, shall be deemed and adjudged guilty of High Treason, and shall forfeit Life and Estate as in cases of High Treason accustomed.

H. Elsynge, Cler. Par. Dom. Com.

Die Lunae, 26. Julii, 1647.

BE it ordained by the Lords and Commons in Parliament assembled, That the Decla∣ration of the twenty fourth of this instant July, which declares all those Traitors, and so to forfeit Life and Estate, who shall after Publication thereof act thereupon to get Subscriptions, be Null and Void, any thing in the said Declaration to the contrary not∣withstanding.

  • Joh. Browne, Cler. Par.
  • Hen. Elsynge, Cler. Par. Dom. Com.

Die Lunae, 26. Julii, 1647.

REsolved upon the Question, That His Majesty shall come to Londo.

Page 578

Die Saturni, 31. Julii, 1647.

Resolved upon the Question,

That the King's Majesty come to one of His Houses nearer London, that Propositions may be sent, and Address made to His Majesty (from both Houses of the Parliament of England, and the Kingdom of Scotland) for Peace.

MDCXLVII. His MAJESTIES Declaration and Profession, disavowing any Preparations in Him to levy War against His two Houses of Parliament.

CHARLES R.

THere having been many Rumors spread and Informations given, which may have induced many to believe that We intend to make War against Our Parlia∣ment:

We Profess before God, and Declare to all the World, That We always have, and do abhor all such Designs; and desire all Our Nobility and Commoners who are here upon the place to declare, Whether they have not been Witnesses of Our frequent and earnest Declarations and Professions to this purpose; whether they see any colour of Pre∣parations or Counsels that might reasonably beget a belief of any such Design; and whe∣ther they be not fully perswaded that We have no such intention, but that all Our En∣deavours (according to Our many Professions) tend to the firm and constant settlement of the true Protestant Religion, the just Priviledges of Parliaments, the Liberty of the Subject, the Law, Peace, and Prosperity of this Kingdom.

MDCXLVII. Aug. 1. The Heads of the Proposals agreed upon by his Excellency Sir THOMAS FAIRFAX, and the Council of the Army, to be tendred to the Commissioners of Parliament residing with the Army, and with them to be treated on by the Commissioners of the Army.

Containing the particulars of their Desires in pursuance of their former Declarations and Papers, in order to the clearing and securing of the Rights and Liberties of the King∣dom, and the settling a just and lasting Peace.

To which are added some further particular Desires (for the removing and redressing of divers present pressing Grievances) being also comprized in, or in necessa∣ry pursuance of their Former Representations and Papers appointed to be Treated upon.

I. THat (the things hereafter proposed being provided for by this Parliament) a certain period may (by Act of Parliament) be set for the ending of this Par∣liament, (such period to be within a year at most;) and in the same Act pro∣vision to be made for the succession and constitution of Parliaments in future, as followeth.

Page 579

1. That Parliaments may Biennially be called, and meet at a certain day, with such provision for the certainty thereof as in the late Act was made for Triennial Parliaments, and what further other provision shall be found needful by the Parliament to reduce it to more certainty: And upon the passing of this, the said Act for Triennial Parliaments to be repealed.

2. Each Biennial Parliament to sit 120. days certain (unless adjourned or dissolved sooner by their own Consent;) afterwards to be adjournable or dissolvable by the King: and no Parliament to sit past 240. days from their first meeting, or some other limited num∣ber of days now to be agreed on; upon the expiration whereof, each Parliament to dis∣solve of course, if not otherwise dissolved sooner.

3. The King, upon Advice of the Council of State, in the Intervals betwixt Biennial Parliaments, to call a Parliament extraordinary; provided it meet above seventy days be∣fore the next Biennial day, and be dissolved at least sixty days before the same, so as the course of Biennial Elections may never be interrupted.

4. That this Parliament, and each succeeding Biennial Parliament, at or before ad∣journment or dissolution thereof, may appoint Committees to continue during the In∣terval, for such purposes as are in any of these Proposals referr'd to such Commit∣tees.

5. That the Elections of the Commons for succeeding Parliaments may be distri∣buted to all Counties, or other parts or divisions of the Kingdom, according to some Rule of equality or proportion, so as all Counties may have a number of Parliament-Members allowed to their choice proportionable to the respective Rates they bear in the common Charges and burthens of the Kingdom, according to some other Rule of equality or proportion, to render the House of Commons (as near as may be) an equal Representative of the whole; and in order thereunto, that a present consideration be had to take off the Elections of Burgesses for poor, decayed, or inconsiderable Towns, and to give some present addition to the number of Parliament-Members for great Counties, that have now less than their due proportion, to bring all (at present) as near as may be to such a Rule of proportion as aforesaid.

6. That effectual provision be made for future freedom of Elections, and certainty of due Returns.

7. That the House of Commons alone have the power from time to time to set down further Orders and Rules for the Ends expressed in the Two last preceding Articles, so as to reduce the Elections of Members for that House to more and more perfection of Equality in the distribution, Freedom in the Election, Order in the proceeding there∣to, and Certainty in the Returns; which Orders and Rules (in that case) to be as Laws.

8. That there be a Liberty for entring Dissents in the House of Commons, with provision, that no Member be censurable for ought said or voted in the House, further than to exclusion from that Trust, and that onely by the judgment of the House it self.

9. That the Judicial Power, or power of final Judgment in the Lords and Commons, (and their power of Exposition and Application of Law, without further Appeal) may be cleared: and that no Officer of Justice, Minister of State, or other person adjudged by them, may be capable of Protection or Pardon from the King, without their Advice and Consent.

10. That the Right and Liberty of the Commons of England may be cleared and vindicated as to a due Exemption from any Judgment, Trial, or other Pro∣ceeding against them by the House of Peers, without the concurring Judgment of the House of Commons: as also from any other Judgment, Sentence, or Proceed∣ing against them, other than by their Equals, or according to the Law of the Land.

11. The same Act to provide, that Grand-Jury-men may be chosen by and for se∣veral parts or divisions of each County respectively, in some equal way (and not remain, as now, at the discretion of an Under-Sheriff to be put on or off:) and that such Grand-Jury-men for their respective Counties may at each Assize present the Names of per∣sons to be made Justices of Peace, from time to time, as the County hath need for any to be added to the Commission, and at the Summer-Assize to present the Names of Three Persons, out of whom the King may prick one to be Sheriff for the next year.

Page 580

II. For the future security to Parliaments, and the Militia in general in order thereunto, that it be provided by Act of Parliament.

1. That the power of the Militia by Sea and Land, during the space of Ten years next ensuing, shall be ordered and disposed by the Lords and Commons assembled, and to be assembled in the Parliament or Parliaments of England, or by such persons as they shall nominate and appoint for that purpose from time to time during the said space.

2. That the said power shall not be ordered, disposed, or exercised by the King's Ma∣jesty that now is, or by any person or persons by any Authority derived from Him, du∣ring the said space, or at any time hereafter by His said Majesty, without the Advice and Consent of the said Lords and Commons, or of such Committees or Council in the In∣tervals of Parliament as they shall appoint.

3. That during the same space of ten years, the said Lords and Commons may by Bill or Ordinance raise and dispose of what Moneys and for what Forces they shall from time to time find necessary, as also for payment of the Publick Debts and Damages, and for all other the Publick uses of the Kingdom.

4. And to the end the temporary Security intended by the three particulars last prece∣dent may be the better assured, it may therefore be provided,

That no Subjects that have been in Hostility against the Parliament in the late War, shall be capable of bearing any Office of Power or publick Trust in the Commonwealth du∣ring the space of five years, without Consent of Parliament or of the Council of State; or to sit as Members or Assistants of either House of Parliament, until the second Biennial Parliament be past.

III. For the present form of disposing the Militia in order to the Peace and Safety of this Kingdom and the Service of Ireland,

1. That there be Commissioners for the Admiralty, a Vice-Admiral and Rere-Admi∣ral, now to be agreed on, with power for the forming, regulating, appointing of Offi∣cers, and providing for the Navy, and for ordering the same to and in the ordinary Ser∣vice of the Kingdom: and that there be a sufficient provision and establishment for Pay and maintenance thereof.

2. That there be a General for Command of the Land-Forces that are to be in pay both in England, Ireland and Wales, both for Field and Garrison.

3. That there be Commissioners in the several Counties for the standing Militia of the respective Counties (consisting of Trained Bands and Auxiliaries not in pay) with power for the proportioning, forming, regulating, training and disciplining of them.

4. That there be a Council of State, with power to superintend and direct the seve∣ral and particular powers of the Militia last mentioned, for the Peace and Safety of this Kingdom and of Ireland.

5. That the same Council may have power, as the King's Privy Council, for and in all Forreign Negotiations; provided, That the making of War or Peace with any other Kingdom or State, shall not be without the Advice and Consent of Parlia∣ment.

6. That the said power of the Council of State be put into the hands of trusty and able persons, now to be agreed on, and the same persons to continue in that power (si bene se gesserint) for a certain Term not exceeding seven years.

7. That there be a sufficient establishment now provided for the Salary Forces both in England and Ireland, the establishment to continue until two Months after the meeting of the first Biennial Parliament.

IV. That an Act be passed for disposing the great Offices for ten years by the Lords and Commons in Parliament, or by such Committees as they shall appoint for that purpose in the Intervals, (with submission to the Approbation of the next Parliament;) and after ten years, they to nominate three, and the King out of that number to appoint one for the succession, upon any vacancy.

V. That an Act be passed for restraining of any Peers made since the 21. day of May, 1642. or to be hereafter made, from having any power to sit or vote in Parliament, without Consent of both Houses.

Page 581

VI. That an Act be passed for recalling and making void all Declarations and other Pro∣ceedings against the Parliament, or against any that have acted by or under their Authority in the late War, or in relation to it: and that the Ordinances for Indemnity may be con∣firmed.

VII. That an Act be passed for making void all Grants, &c. under the Great Seal that was conveyed away from the Parliament, since the time that it was so conveyed away (except as in the Parliaments Propositions) and for making those valid that have been or shall be passed under the Great Seal made by the Authority of both Houses of Par∣liament.

VIII. That an Act be passed for Confirmation of the Treaties between the two King∣doms of England and Scotland, and for appointing Conservators of the Peace betwixt them.

IX. That the Ordinance for taking away the Court of Wards and Liveries be con∣firmed by Act of Parliament: Provided His Majesties Revenue be not damnified therein, nor those that last held Offices in the same left without reparation some other way.

X. An Act to declare void the Cessation of Ireland, &c. and to leave the prosecution of that War to the Lords and Commons in the Parliament of England.

XI. An Act to be passed to take away all Coercive Power, Authority and Jurisdiction of Bishops, and all other Ecclesiastical Officers whatsoever, extending to any Civil Penalties up∣on any; and to repeal all Laws whereby the Civil Magistracy hath been or is bound, upon any Ecclesiastical Censure, to proceed (ex officio) unto any Civil Penalties against any per∣sons so censured.

XII. That there be a repeal of all Acts, or Clauses in any Act, enjoyning the use of the Book of Common Prayer, and imposing any Penalties for neglect thereof; as also of all Acts, or Clauses in any Act, imposing any penalty for not coming to Church, or for Meetings elsewhere for Prayer or other Religious Duties, Exercises or Ordinances; and some other provision to be made for discovering of Papists and Popish Recusants, and for disabling of them, and of all Jusuites or Priests, from disturbing the State.

XIII. That the taking of the Covenant be not enforced upon any, nor any penalties im∣posed upon the Refusors, whereby men might be constrained to take it against their Judg∣ments or Consciences, but all Orders or Ordinances tending to that purpose to be re∣pealed.

XIV. That (the things here before proposed being provided, for settling and secu∣ring the Rights, Liberties, Peace, and Safety of the Kingdom,) His Majesties Person, His Queen, and Royal Issue, may be restored to a Condition of Safety, Honour and Freedom in this Nation, without diminution to their Personal Rights, or further Li∣mitation to the Exercise of the Regal Power than according to the particulars afore∣going.

XV. For the matter of Compositions.

1. That a less number out of the Persons excepted in the two first Qualifications, (not exceeding five for the English) being nominated particularly by the Parliament, who (together with the persons in the Irish Rebellion, included in the third Qualification) may be reserved to the future Judgment of the Parliament, as they shall find cause, all other excepted persons may be remitted from the Exception, and admitted to Com∣position.

2. That the Rates for all future Compositions may be lessened and limitted, not to ex∣ceed the several proportions hereafter exprest, respectively: That is to say,

1. For all persons formerly excepted, not above a third part.

2. For the late Members of Parliament, under the first Branch of the fourth Quali∣fication in the Propositions, a fourth part.

3. For other Members of Parliament, in the second and third Branches of the same Qualification, a sixth part.

4. For the persons nominated in the said fourth Qualification, and those included in the tenth Qualification, an eighth part.

5. For all others included in the sixth Qualification, a tenth part. And that real Debts, either upon Record or proved by Witnesses, be considered and abated in the valuation of their Estates in all the cases aforesaid.

3. That those who shall hereafter come to Compound, may not have the Covenant put upon them as a Condition without which they may not Compound; but in case they shall not willingly take it, they may pass their Compositions without it.

Page 582

4. That the Persons and Estates of all English, not worth two hundred pounds in Lands or Goods, be at liberty and discharged: and that the King's menial Servants, that never took up Arms, but only attended His Person according to their Offices, may be freed from Composition, or to pay (at most) but the proportion of one years Revenue, or a twentieth part.

5. That in order to the making and perfecting of Compositions at the Rates afore∣said, the Rents, Revenues, and other Dues and Profits of all sequestred Estates whatso∣ever, (except the Estates of such persons who shall be continued under exception, as be∣fore) be from henceforth suspended and detained in the hands of the respective Tenants, Occupants, and others from whom they are due, for the space of six months fol∣lowing.

6. That the Faith of the Army, or other Forces of the Parliament, given in Articles upon Surrenders to any of the King's Party, may be fully made good; and where any breach thereof shall appear to have been made, full reparation and satisfaction may be given to the parties injured, and the persons offending (being found out) may be com∣pelled thereto.

XVI. That there may be a general Act of Oblivion to extend unto all (except the per∣sons to be continued in exception as before) to absolve from all Trespasses, Misdemeanors, &c. done in prosecution of the War, and from all trouble or prejudice for or concerning the same (after their Compositions past) and to restore them to all Priviledges, &c. belong∣ing to other Subjects; provided, as in the fourth particular under the second general Head aforegoing, concerning Security.

And whereas there have been of late strong endeavours and practices of a factious and desperate party to embroil this Kingdom in a new War, and for that purpose to induce the King, the Queen and Prince, to declare for the said Party, and also to excite and stir up all those of the King's late Party to appear and engage for the same, which Attempts and De∣signs many of the King's Party (out of their desires to avoid further Misery to the King∣dom) have contributed their endeavours to prevent, (as for divers of them we have had particular Assurance;) we do therefore desire that such of the King's Party who shall appear to have expressed, and shall hereafter express, that way their good Affections to the Peace and Welfare of the Kingdom, and to hinder the imbroiling of the same in a new War, may be freed and exempted from Compositions, or to pay but one years Revenue, or a twenti∣eth part.

These Particulars aforegoing are the Heads of such Proposals as we have agreed on, to tend in order to the settling of the Peace of this Kingdom, leaving the Terms of Peace for the Kingdom of Scotland to stand as in the late Propositions of both Kingdoms, until that Kingdom shall agree to any alteration.

Next to the Proposals aforesaid for the present settling of a Peace, we shall desire that no time may be lost by the Parliament for dispatch of other things tending to the welfare, ease and just satisfaction of the Kingdom; and in special manner,

I. That the just and necessary Liberty of the People, to represent their Grievances and Desires by way of Petition, may be cleared and vindicated, according to the fifth Head in the late Representation or Declaration of the Army sent from St. Albans.* 1.3

II. That (in pursuance of the same Head of the said Declaration) the common Grie∣vances of the People may be speedily considered of and effectually redressed; and in particular,

1. That the Excise may be taken off from such Commodities whereon the poor peo∣ple of the Land do ordinarily live; and a certain time to be limited for taking off the whole.

2. That the Oppressions and Incroachments of Forest Laws may be prevented for fu∣ture.

3. All Monopolies (old or new) and Restraints to the freedom of Trade to be taken off.

4. That a course may be taken, and Commissioners appointed to remedy and rectifie the inequality of Rates lying upon several Counties, and several parts of each County, in respect of others, and to settle the proportions for Land rates to more equality through∣out the Kingdom; in order to which we shall offer some further particulars, which we hope may be useful.

Page 583

5. The present unequal, troublesome and contentious way of Ministers maintenance by Tithes to be considered of, and some Remedy applied.

6. That the Rules and Course of Law and the Officers of it may be so reduced and reformed, as that all Suits and Questions of Right may be more clear and certain in the is∣sues, and not so tedious or chargeable in the proceedings as now; in order to which we shall offer some further particulars hereafter.

7. That Prisoners for Debt or other * Creditors (who have Estates to discharge them) may not by embracing Imprisonment or any other ways have advantage to defraud their Creditors, but that the Estates of all men may be some way made liable to their Debts (as well as Tradesmen are by Commissions of Bankrupt) whether they be imprisoned for it or not: and that such Prisoners for Debt who have not wherewith to pay, or at least do yield up what they have to their Creditors, may be freed from Imprisonment, or some way provided for, so as neither they nor their Families may perish by their Impri∣sonments.

8. Some provision to be made, that none may be compelled by Penalties or other∣wise to answer unto Questions tending to the accusing of themselves or their near∣est Relations in Criminal Causes; and no man's life to be taken away under two Wit∣nesses.

9. That consideration may be had of all Statutes, and the Laws or Customs of Cor∣porations, imposing any Oaths, either to repeal, or else to qualifie and provide against the same so far as they may extend or be construed to the molestation or ensnaring of religi∣ous and peaceable people, meerly for non-conformity in Religion.

III. That, according to the sixth Head in the Declaration of the Army, the large powers given to Committees or Deputy-Lieutenants during the late times of War and Distraction may be speedily taken into consideration, to be re-called and made void; and that such pow∣ers of that nature as shall appear necessary to be continued, may be put into a regulated way, and left to as little Arbitrariness as the nature and necessity of the things (wherein they are conversant) will bear.

IV. That (according to the seventh Head in the said Declaration) an effectual course may be taken, that the Kingdom may be righted and satisfied in point of Accounts for the vast sums that have been levied.

V. That provision may be made for payment of Arrears to the Army, and the rest of the Soldiers of the Kingdom who have concurred with the Army in the late De∣sires and Proceedings thereof: and in the next place, for payment of the Publick Debts and Damages of the Kingdom; and that to be performed first to such persons whose Debts or Damages (upon the Publick Account) are great, and their Estates small, so as they are thereby reduced to a difficulty of subsistence. In order to all which, and to the fourth particular last preceding, we shall speedily offer some farther parti∣culars (in the nature of Rules) which we hope will be of good use towards publick sa∣tisfaction.

August 1. 1647.

Signed by the appointment of his Excellency Sir Thomas Fairfax, and the Council of War. Jo. Rushworth, Secret.

Page 584

Propositions presented to His MAJESTY at Hampton-Court, upon Tuesday the seventh of September, 1647. by the Earls of Pembroke and Lauderdale, Sir Charles Erskin, Sir John Holland, Sir John Cooke, Sir James Har∣rington, Mr. Richard Browne, Mr. Hugh Kenedy, and Mr. Robert Berk∣ley, in the names of the Parliament of England, and in behalf of the Kingdom of Scotland.

May it please your Majesty,

WE the Lords and Commons assembled in the Parliament of England, in the name and on the behalf of the Kingdoms of England and Ireland, and the Com∣missioners of the Parliament of Scotland, in the name and on the behalf of the Kingdom of Scotland, do humbly present unto Your Majesty the humble Desires and Pro∣positions for a safe and well grounded Peace, agreed upon by the Parliaments of both King∣doms respectively; unto which We do pray Your Majesties Assent; and that they, and all such Bills as shall be tendred to Your Majesty in pursuance of them or any of them, may be established and Enacted for Statutes and Acts of Parliament, by Your Majesties Royal Assent in the Parliaments of both Kingdoms respectively.

[Heads of the Propositions presented to the King's Majesty, for a safe and well-grounded Peace.* 1.4
  • 1. His Majesty to call in his Declarations and Proclamations against the Parliaments of both Kingdoms.
  • 2. His Majesty to sign the Covenant.
  • 3. To pass a Bill for abolishing Bishops.
  • [4. To pass a Bill for Sale of Bishops Lands.]
  • 5. To confirm the sitting of the Assembly.
  • 6. Religion to be reformed as the Houses agree.* 1.5
  • 7. Such Vniformity of Religion to be passed in an Act.
  • 8. An Act passed against Popish Recusants.
  • 9. For Education of the Children of Papists.
  • 10. For laying Penalties upon Papists.
  • 11. An Act for prevention of Popish practices. And the like for the Kingdom of Scotland.
  • 12. For the Royal Assent to Acts for the Lords day, for preaching against Innovations, re∣gulating Colledges, and for publick Debts and Damages, The like for Scotland.
  • 13. to pass the settling of the Militia and Navy.
  • 14. To null the old Great Seal.* 1.6
  • 15. For settling of Conservators for the Peace of the Kingdoms.
  • 16. The joynt Declarations, and the Qualifications, against Malignants.
  • 17. An Act to be passed to declare and make void the Cessation of Ireland, and all Treaties and Conclusions of Peace with the Irish Rebels.
  • 18. The settling of the Militia of the City of London.
  • 19. The Great Seal with the Commissioners of Parliament, and all Acts by it, to be made good.

Page 585

His MAJESTIES Answer to the Propositions of both Houses. Hampton-Court, Sept. 9. 1647.

For the Speaker of the Lords House pro tempore, to be communicated to both Houses of the Parliament of England, and the Commissioners of the Kingdom of Scotland.

CHARLES R.

HIS Majesty cannot chuse but be passionately sensible (as he believes all his good Subjects are) of the late great Distractions, and still languishing and unsetled State, of this Kingdom; and he calls God to Witness, and is willing to give testimony to all the World of his readiness to contribute his utmost Endeavours for restoring it to a happy and flourishing Condition.

His Majesty having perused the Propositions now brought to him, finds them the same in effect which were offered to him at Newcastle: To some of which as he could not then consent without violation of his Conscience and Honour; so neither can he agree to others now, conceiving them in many respects more disagreeable to the present condition of Af∣fairs then when they were formerly presented unto him, as being destructive to the main principal Interests of the Army, and of all those whose Affections concur with them. And his Majesty having seen the Proposals of the Army to the Commissioners from his two Houses residing with them, and with them to be Treated on, in order to the clearing and securing the Rights and Liberties of the Kingdom, and the setling of a just and lasting Peace; to which Proposals as he conceives his two Houses not to be strangers, so he be∣lieves they will think, with him, that they much more conduce to the satisfaction of all In∣terests, and may be a fitter foundation for a lasting Peace than the Propositions which at this time are tendered unto him: He therefore propounds (as the best way in his Judgment in order to a Peace) that his two Houses would instantly take into consideration those Pro∣posals, upon which there may be a Personal Treaty with his Majesty, and upon such other Propositions as his Majesty shall make; hoping that the said Proposals may be so moderated in the said Treaty, as to render them the more capable of his Majesties full Concession; wherein he resolves to give full satisfaction unto his People for whatsoever shall concern the setling of the Protestant Profession, with Liberty to tender Consciences, and the securing of the Laws, Liberties and Properties of all his Subjects, and the just Priviledges of Parlia∣ment for the future. And likewise, by his present deportment in this Treaty, he will make the World clearly judge of his Intentions in matter of future Government. In which Treaty his, Majesty will be well pleased (if it be thought fit) that Commissioners from the Army (whose the Proposals are) may likewise be admitted.

His Majesty therefore conjures his two Houses of Parliament, by the Duty they owe to God and his Majesty their King, and by the bowels of Compassion they have to their fel∣low-Subjects, both for the relief of their present Sufferings and to prevent future Miseries, that they will forthwith accept of this his Majesties Offer, whereby the joyful news of Peace may be restored to this distressed Kingdom. And for what concerns the Kingdom of Scotland mentioned in the Propositions, His Majesty will very willingly Treat upon those particulars with the Scotch Commissioners; and doubts not but to give reasonable satisfacti∣on to that his Kingdom.

Given at Hampton-Court, the ninth of September, 1647.

Page 586

His MAJESTIES Message to both Houses, left by Him on His Table at Hamp∣ton-Court, Nov. 11. 1647.

CHALLES R.

LIberty being that which in all Times hath been, but especially now is, the common Theme and Desire of all men; common Reason shews, That Kings less then any should endure Captivity. And yet I call God and the World to Witness, with what Pa∣tience I have endured a tedious Restraint; which, so long as I had any hopes that this sort of My Suffering might conduce to the Peace of My Kingdoms, or the hindring of more effusi∣on of Blood, I did willingly undergoe: But now finding by two certain proofs, that this My continued Patience would not only turn to My Personal Ruine, but likewise be of much more prejudice then furtherance to the Publick Good, I thought I was bound, as well by Natu∣ral as Political Obligations, to seek my Safety, by Retiring My self for some time from the publick View both of My Friends and Enemies. And I appeal to all indifferent men to judge, if I have not just cause to free My self from the hands of those who change their Principles with their Condition, and who are not ashamed openly to intend the Destruction of the Nobility by taking away their Negative Voice, and with whom the Levellers Do∣ctrine is rather countenanced then punished: and as for their intentions to My Person, their changing and putting more strict Guards upon Me, with the discharging most of all those Servants of Mine who formerly they willingly admitetd to wait upon Me, does sufficiently declare. Nor would I have this My Retirement misinterpreted; for I shall earnestly and un∣cessantly endeavour the setling of a safe and well-grounded Peace where-ever I am or shall be, and that (as much as may be) without the effusion of more Christian Blood: for which how many times have I desired, prest to be heard, and yet no ear given to Me? and can any Reasonable man think that (according to the ordinary course of affairs) there can be a set∣led Peace without it; or that God will bless those who refuse to hear their own King? Sure∣ly no. Nay, I must further add, that (besides what concerns My self) unless all other chief In∣terests have not only a hearing, but likewise just satisfaction given unto them, (to wit, the Presbyterians, Independants, Army, those who have adhered to Me, and even the Scots) I say there cannot (I speak not of Miracles, it being, in My Opinion, a sinful presumption in such cases to expect or trust to them) be a safe or lasting Peace. Now, as I cannot deny but My Personal Security is the urgent cause of this My Retirement; so I take God to witness, that the Publick Peace is no less before My Eyes: and I can find no better way to express this My Profession, (I know not what a wiser man may do) then by desiring and urging that all chief Interests may be heard, to the end each may have just Satisfaction. As for ex∣ample, the Army, (for the rest, though necessary, yet, I suppose, are not difficult to content) ought (in My Judgment) to enjoy the Liberty of their Consciences, have an Act of Oblivi∣on or Indemnity, (which should extend to all the rest of My Subjects) and that all their Arrears should be speedily and duly paid; which I will undertake to do, so I may be heard, and that I be not hindred from using such Lawful and honest means as I shall chuse. To conclude, let Me be heard with Freedom, Honour and Safety, and I shall instantly break through this Cloud of Retirement, and shew My self really to be Pater Patriae.

Hampton-Court, 11. Novemb. 1647.

His MAJESTIES Message to both Houses, with Propositions, Novemb. 17. 1647.

For the Speaker of the Lords House pro tempore, to be communicated to the Lords and Commons in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland

CHARLES R.

HIS Majesty is confident that before this time his two Houses of Parliament have received the Message which he left behind him at Hampton-Court the eleventh of this Month, by which they will have understood the Reasons which enforced him to go from thence, as likewise his constant endeavours for the setling of a safe and well-groun∣ded

Page 587

Peace wheresoever he should be: And being now in a place where he conceives him∣self to be at much more Freedom and Security then formerly, he thinks it necessary (not on∣ly for making good of his own Professions, but also for the speedy procuring of a Peace in these languishing and distressed Kingdoms) at this time to offer such grounds to his two Hou∣ses for that effect, which upon due examination of all Interests may best conduce thereunto. And because Religion is the best and chiefest foundation of Peace, His Majesty will begin with that particular.

That for the abolishing Arch-bishops, Bishops, &c. His Majesty cleary professeth that he cannot give his consent thereunto, both in relation as he is a Christian, and a King. For the first, he avows that he is satisfied in his Judgment, that this Order was placed in the Church by the Apostles themselves, and ever since their time hath continued in all Christian Church∣es throughout the World until this last Century of years; and in this Church, in all times of Change and Reformation, it hath been upheld by the Wisdom of his Ancestors, as the great preserver of Doctrine, Discipline and Order in the Service of God. As a King, at his Coronation he hath not only taken a solemn Oath to maintain this Order, but his Majesty and his Predecessors in their confirmations of the Great Charter have inseparably woven the Right of the Church into the Liberties of the rest of their Subjects. And yet he is wil∣ling it be provided, that the particular Bishops perform the several Duties of their Callings, both by their personal Residence and frequent Preachings in their Dioceses, as also that they exercise no Act of Jurisdiction or Ordination without the consent of their Presbyters; and will consent that their Powers in all things be so limited that they be not grievous to tender Consciences. Wherefore since his Majesty is willing to give ease to the Consciences of others, he sees no reason why he alone and those of his Judgment should be pressed to a violation of theirs. Nor can his Majesty consent to the Alienation of Church-Lands, because it cannot be denied to be a sin of the highest Sacriledge; as also that it subverts the intentions of so many pious Donors, who have laid a heavy Curse upon all such profane violations, which his Majesty is very unwilling to undergoe: and besides the matter of Conscience, His Ma∣jesty believes it to be a prejudice to the Publick good, many of his Subjects having the be∣nefit of renewing Leases at much easier Rates then if those Possessions were in the hands of private men: not omitting the discouragement which it will be to all Learning and In∣dustry, when such eminent rewards shall be taken away which now lye open to the Chil∣dren of meanest Persons. Yet his Majesty considering the great present Distempers concer∣ning Church-Discipline, and that the Presbyterian Government is now in practice, his Ma∣jesty, to eschew Confusion as much as may be, and for the satisfaction of his two Houses, is content that the said Government be legally permitted to stand in the same condition it now is for three years: provided that his Majesty and those of his Judgment (or any other who cannot in Conscience submit thereunto) be not obliged to comply with Presbyterial Go∣vernment, but have free practice of their own Profession without receiving any prejudice thereby; and that a free Consultation and debate be had with the Divines at Westminster (twenty of his Majesties nomination being added unto them) whereby it may be determi∣ned by his Majesty and the two Houses how the Church-Government after the said time shall be settled, (or sooner, if Differences may be agreed) as is most agreeable to the Word of God, with full Liberty to all those who shall differ upon conscientious grounds from that settlement: always provided, that nothing aforesaid be understood to tolerate those of the Popish Profession, nor the exempting of any Popish Recusant from the penalties of the Laws, or to tolerate the publick profession of Atheism or Blasphemy, contrary to the Doctrine of the Apostles, Nicene and Athanasian Creeds, they having been received by and had in re∣verence of all the Christian Churches, and more particularly by this of England ever since the Reformation.

Next, the Militia being that Right which is inseparably and undoubtedly inherent in the Crown by the Laws of this Nation, and that which former Parliaments, as likewise this, hath acknowledged so to be; his Majesty cannot so much wrong that Trust which the Laws of God and this Land hath annexed to the Crown for the Protection and Security of his People, as to devest himself and Successors of the power of the Sword: yet to give an infallible evidence of his desire to secure the performance of such Agreements as shall be made in order to a Peace, his Majesty will consent to an Act of Parliament, that the whole Power of the Militia both by Sea and Land, for and during his whole Reign, shall be ordered and disposed by his two Houses of Parliament, or by such persons as they shall appoint with Powers limited for suppressing of Forces within this Kingdom to the disturbance of the publick Peace, and against foreign Invasion; and that they shall have Power, during his said Reign, to raise moneys for the purposes aforesaid, and that neither his Majesty that now is, or any other (by any Authority derived only from him,) shall execute any of the said Powers

Page 588

during his Majesties said Reign, but such as shall act by the consent and approbation of the two Houses of Parliament. Nevertheless his Majesty intends that all Patents, Commissions, and other Acts concerning the Militia, be made and acted as formerly; and that after his Majesties Reign, all the Power of the Militia shall return intirely to the Crown, as it was in the times of Queen Elizabeth and King James of blessed memory.

After this Head of the Militia, the consideration of the Arrears due to the Army is not improper to follow; for the payment whereof, and the ease of his People, his Majesty is wil∣ling to concur in any thing that can be done without the Violation of his Conscience and Honour. Wherefore if his two Houses shall consent to remit unto him such benefit out of Sequestrations from Michaelmas last, and out of Compositions that shall be made before the concluding of the Peace, and the Arrears of such as have been already made, the assistance of the Clergy, and the Arrears of such Rents of his own Revenues as his two Houses shall not have received before the concluding of the Peace, his Majesty will undertake within the space of eighteen Months the payment of four hundred thousand pounds for the satisfaction of the Army; and if those means shall not be sufficient, his Majesty intends to give way to the sale of Forest Lands for that purpose, this being the Publick Debt which in his Majesties Judgment is first to be satisfied: and for other publick Debts already contracted upon Church-Lands or any other Ingagements, his Majesty will give his consent to such Act or Acts for raising of moneys for payment thereof as both Houses shall hereafter agree upon, so as they be equally laid, whereby his People (already too heavily burthened by these late Distempers) may have no more Pressures upon them than this absolute necessity re∣quires.

And for the further securing of all Fears, his Majesty will consent, that an Act of Parlia∣ment be passed for the disposing of the great Offices of State, and naming of Privy Councel∣lors, for the whole term of his Reign, by the two Houses of Parliament, their Patents and Commissions being taken from his Majesty, and after to return to the Crown, as is exprest in the Article of the Militia.

For the Court of Wards and Liveries, his Majesty very well knows the consequence of ta∣king that way, by turning of all Tenures into common Soccage, as well in point of Revenue to the Crown, as in the Protection of many of his Subjects being Infants: nevertheless, if the continuance thereof seem grievous to his Subjects, rather then he will fail on his part in giving satisfaction, he will consent to an Act for taking of it away, so as a full recompence be settled upon his Majesty and his Successors in perpetuity, and that the Arrears now due be reserved unto him towards the payment of the Arrears of the Army.

And that the memory of these late Distractions may be wholly wiped away, his Majesty will consent to an Act of Parliament for the suppressing and making null of all Oaths, De∣clarations and Proclamations against both or either House of Parliament, and of all Indict∣ments and other proceedings against any persons for adhering unto them; and his Majesty proposeth, (as the best Expediment to take away all seeds of future Differences) that there be an Act of Oblivion to extend to all his Subjects.

As for Ireland, the Cessation there is long since determined; but for the future (all other things being fully agreed) his Majesty will give full satisfaction to his Houses concerning that Kingdom.

And although his Majesty cannot consent in Honour and Justice to avoid all his own Grants and Acts past under his Great Seal since the two and twentieth of May 1642. or to the confirming of all the Acts and Grants passed under that made by the two Houses; yet his Majesty is confident, that, upon perusal of particulars, he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular.

And now his Majesty conceives that by these his Offers (which he is ready to make good upon the settlement of a Peace) he hath clearly manifested his intentions to give full securi∣ty and satisfaction to all Interests, for what can justly be desired in order to the future Hap∣piness of his People. And for the perfecting of these Concessions, as also for such other things as may be proposed by the two Houses, and for such just and reasonable demands as his Ma∣jesty shall find necessary to propose on his part, he earnestly desires a Personal Treaty at Lon∣don with his two Houses, in Honour, Freedom and Safety, it being, in his Judgment, the most proper, and indeed only, means to a firm and settled Peace, and impossible without it to re∣concile former, or to avoid future misunderstandings.

All these things being by Treaty perfected, his Majesty believes his two Houses will think it reasonable that the Proposals of the Army, concerning the Succession of Parliaments and their due Elections, should be taken into consideration.

As for what concerns the Kingdom of Scotland, his Majesty will very readily apply him∣self to give all reasonable satisfaction, when the Desires of the two Houses of Parliament on

Page 589

their behalf, or of the Commissioners of that Kingdom, or of both joyned together, shall be made known unto him.

From the Isle of Wight, Novemb. 17. 1647.

His MAJESTIES Declaration at the Isle of VVight, Novemb. 19. 1647.

CHARLES R.

HIS Majesty doth declare, That he came from Hampton-Court for no other cause but for the preservation of His Person, which was (as He apprehended) in such danger, that He could not with Safety continue longer there: That if He could have been there with Safety, He would not have departed thence, nor from the Army: And that He chose this place rather than any other (when He was at liberty to have gone whither He pleased) that He might still continue under the protection of the Army (Colonel Hammond being a Mem∣ber thereof) and that He might have conveniency of free intercourse between Himself and the Parliament for the settlement of a general Peace, to which He professes a very great in∣clination and desire, and that there shall be nothing wanting on His part that may be rea∣sonably expected from Him.

And His Majesty doth further Declare, That in case these Gentlemen be taken from Him and punished as evil doers, for counselling Him not to go out of the Kingdom, but rather to come to the place where He now is, for the ends aforesaid, and for their endeavouring accordingly in attending Him hither; He cannot but Himself expect to be dealt with accor∣dingly, His case being the same.

Carisbrooke Castle, Novemb. 19. 1647.

His MAJESTIES Letter to Sir THOMAS FAIRFAX, from Carisbrooke, Novemb. 26. 1647.

For Sir Thomas Fairfax, General.

CHARLES R.

HAving left Order at Our remove from Hampton-Court, that a Copy should be given you of what We had then written to both Houses of Parliament touching the causes of Our withdrawing, and the continuance of Our Resolutions to improve every occasion of the sa∣tisfaction of all chief Interests, that so a happy Peace may be settled in Our Dominions; in pursuance whereof We have lately sent a Message to both Houses from this place, and a Co∣py of it to you; and being desirous, in order to that blessed Work, to give you Our present sense upon the condition of Affairs as they now stand; We have thought fit to appoint Sir John Barkley to repair unto you, and to communicate the same to you: and We shall be glad by him to receive a mutual communication of your sense also upon this Subject; not doubt∣ing but you easily perceive by the late Disorders, into what a depth of Confusion the Army and the Nation will fall, if timely and effectual preventions be not used. And therefore We have now again proposed (as the only Expedient) a Personal Treaty, for the composing of all differences, and fulfilling the desires of all Interests; to which if you will imploy your Credit, as you cannot but expect the Blessings of God upon your endeavours therein, so you may justly look for the best return that ever Our Condition shall be able to make you.

Given at Carisbrooke Castle, the 26. day of Novemb. 1647.

Page 590

His MAJESTIES Message to both Houses, from Carisbrook Castle, Dec. 6. 1647.

To the Speaker of the House of Peers pro tempore, to be communicated to both Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

HAD His Majesty thought it possible that His two Houses could be imployed in things of greater concernment than the Peace of this miserable distracted Kingdom, He would have expected with more patience their leisure in acknowledging the receit of His Message of the 16. of November last: But since there is not in nature any consideration preceding to that of Peace, His Majesties constant tenderness of the welfare of His Subjects hath such a prevalence with Him, that He cannot forbear the vehement prosecution of a Per∣sonal Treaty; which is only so much the more desired by His Majesty, as it is superior to all other means of Peace. And truly, when His Majesty considers the several complaints He daily hears from all parts of this Kingdom, that Trade is so decayed, all Commodities so dear, and Taxes so insupportable, that even natural subsistence will suddenly fail; His Majesty (to perform the Trust reposed in Him) must use His uttermost endeavours for Peace, though He were to have no share in the benefit of it. And hath not His Majesty done His part for it, by devesting Himself of so much Power and Authority as by His last Message He hath promi∣sed to do upon the concluding of the whole Peace? And hath He met with that Acknow∣ledgment from his two Houses which this great grace and favour justly deserves? Surely the blame of this great retarding of Peace must fall somewhere else than on His Majesty.

To conclude, If ye will but consider in how little time this necessary good Work will be done, if you, the two Houses, will wait on His Majesty with the same Resolutions for Peace as He will meet you, He no way doubts but that ye will willingly agree to this His Majesties earnest desire of a Personal Treaty, and speedily desire His presence amongst you: where all things agreed on being digested into Acts (till when it is most unreasonable for His Majesty or His two Houses to desire each of other the least Concession) this Kingdom may at last enjoy the blessing of a long-wisht-for Peace.

From Carisbrook Castle, Decemb. 6. 1647.

MDXLVII. Dec. 24. The Four Bills sent to the King to the Isle of VVight to be passed.

Together with the Propositions sent unto Him at the same time, which upon the passing of those Bills were to be Treated upon.

THE Lords and Commons assembled in Parliament have commanded us to present to Your Majesty these Four Bills, which have passed the two Houses of Parliament, thus severally Entituled, viz.

An Act concerning the raising, settling and maintaining Forces by Sea and Land, within the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed.

An Act for justifying the Proceedings of Parliament in the late War, and for declaring all Oaths, Declarations, Proclamations, and other Proceedings against it, to be void.

An Act concerning Peers lately made, and hereafter to be made.

An Act concerning the Adjournments of both Houses of Parliament.

Soit baillé aux Seigneurs.

A ceste Bille les Seigneurs sont assentuz.

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An Act concerning the Raising, settling and maintaining Forces by Sea and by Land, with∣in the Kingdoms of England and Ireland and Dominion of VVales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed.

BE it Enacted by the King's Majesty, and by the Lords and Commons assembled in Parlia∣ment, and by Authority of the same, That the Lords and Commons in the Parliament of England now assembled, or hereafter to be assembled, shall, during the space of twenty years, from the first of November 1647. Arm, Train, and Discipline, or cause to be Armed, Trained and Disciplined, all the Forces of the Kingdoms of England and Ireland and Domi∣nion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, already raised both for Sea and Land service, and shall appoint all Commanders and Officers for the said Forces; and shall from time to time, during the said space of twenty years, raise, levy, arm, train and discipline, or cause to be raised, levied, armed, trained and disciplined, any other Forces for Land and Sea-service in the Kingdoms, Dominions and Places aforesaid, as in their judgments they shall from time to time, during the said space of twenty years, think fit and appoint; and shall from time to time appoint all Commanders and Officers for the said For∣ces, or remove them, as they shall see cause; and shall likewise nominate, appoint, place or displace, as they shall see cause, all Commanders and Officers within the several Garrisons, Forts and Places of strength, as shall be within the Kingdoms of England, Ireland, and Do∣minion of Wales, the Isles of Gernsey and Jersey, and Town of Barwick upon Tweed: and that neither the King, His Heirs or Successors, nor any other but such as shall act by the Au∣thority or Approbation of the said Lords and Commons, shall, during the said space of twen∣ty years, exercise any of the powers aforesaid. And be it further enacted by the Authority aforesaid, That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service, and of the Navy and Forces for Sea-service, in such sort and by such ways and means as the said Lords and Commons shall from time to time, during the said space of twenty years, think fit and appoint, and not otherwise: and that all the said Forces, both for Land and Sea-service, so raised or levied, or to be raised or levied, and also the Admiralty and Navy, shall from time to time, during the said space of twenty years, be imployed, managed, ordered, disposed or disbanded by the said Lords and Commons, in such sort and by such ways and means as they shall think fit and appoint, and not otherwise. And be it further Enacted by the Authority aforesaid, That the said Lords and Commons, during the said space of twen∣ty years, shall have power, in such sort and by such ways and means as they shall think fit and appoint, to suppress all Forces raised or to be raised without Authority and Consent of the said Lords and Commons, to the disturbance of the Publick Peace of the Kingdoms of Eng∣land and Ireland and Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or any of them; and also to suppress any Forreign Forces who shall invade, or endeavour to invade the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or any of them, and likewise to conjoyn such Forces of the Kingdom of England with the Forces of the Kingdom of Scotland, as the said Lords and Commons shall from time to time, during the said space of twenty years, judg fit and necessary, to resist all Forreign Invasions, and to suppress any For∣ces raised or to be raised against or within either of the said Kingdoms, to the disturbance of the Publick Peace of the said Kingdoms, or any of them, by any Authority under the Great Seal or other Warrant whatsoever, without consent of the said Lords and Commons of the Parliament of England, and the Parliament or the Estates of the Parliament of Scotland, re∣spectively: and that no Forces of either Kingdoms shall go into or continue in the other King∣dom, without the Advice and desire of the said Lords and Commons of the Parliament of England and the Parliament of the Kingdom of Scotland, or such as shall be by them respe∣ctively appointed for that purpose. And be it Enacted by the Authority aforesaid, That af∣ter the expiration of the said twenty years, neither the King, His Heirs or Successors, or any person or persons by colour or pretence of any Commission, Power, Deputation or Autho∣rity to be derived from the King, His Heirs or Successors, or any of them, shall raise, arm, train, discipline, imploy, order, manage, disband, or dispose any of the Forces by Sea and Land of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or of any of them, nor exercise any of the said Pow∣ers or Authorities before-mentioned and expressed to be, during the said space of twenty years, in the said Lords and Commons, nor do any act or thing concerning the Execution of the said Powers or Authorities, or any of them, without the Consent of the said Lords and Commons first had and obtained. And be it further also Enacted, That after the expiration

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of the said twenty years, in all cases wherein the said Lords and Commons shall declare the Safety of the Kingdom to be concerned, and shall thereupon pass any Bill or Bills for the rai∣sing, arming, training, disciplining, imploying, managing, ordering, or disposing of the For∣ces by Sea or Land of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Gernsey and Jersey, and the Town of Barwick upon Tweed, or of any part of the said Forces, or concerning the said Admiralty or Navy, or concerning the levying of Moneys for the rai∣sing, maintenance, or use of the said Forces for Land service, or of the Navy and Forces for Sea-service, or of any part of them; and if that the Royal Assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient, that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the Royal Assent shall not be given, as is herein before expressed, shall nevertheless, after Declaration of the said Lords and Commons made in that behalf, have the force and strength of an Act or Acts of Parliament, and shall be as valid to all intents and purposes as if the Royal Assent had been given there∣unto. Provided always, and be it further Enacted by the Authority aforesaid, That nothing herein before contained shall extend to the taking away of the ordinary Legal Power of She∣riffs, Justices of Peace, Maiors, Bailiffs, Coroners, Constables, Headboroughs, or other Offi∣cers of Justice, not being Military Officers, concerning the Administration of Justice; so as neither the said Sheriffs, Justices of Peace, Maiors, Bailiffs, Coroners, Constables, Headbo∣roughs and other Officers, or any of them, do levy, conduct, imploy, or command any For∣ces whatsoever, by colour or pretence of any Commission of Array, or extraordinary Com∣mand from His Majesty, His Heirs or Successors, without the Consent of the said Lords and Commons: and that if any persons shall be gathered and assembled together in Warlike man∣ner, or otherwise, to the number of Thirty persons, and shall not forthwith separate and dis∣perse themselves, being required thereto by the said Lords and Commons, or Command from them, or any by them especially authorized for that purpose; then such person and persons not so separating and dispersing themselves shall be guilty, and incur the pains of High Trea∣son, being first Declared guilty of such Offence by the said Lords and Commons, any Com∣mission under the Great Seal or other Warrant to the contrary notwithstanding: and he or they that shall offend herein shall be incapable of any Pardon from His Majesty, His Heirs and Successors, and their Estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise. Provided also further, That the City of London shall have and enjoy all their Rights, Liberties and Franchises, Customs and Usages, in the raising and imploying the Forces of that City for the Defence thereof, in as full and ample manner, to all intents and purposes, as they have or might have used or enjoyed the same at any time before the sitting of this present Parliament.

Soit baillé aux Seigneurs.

A ceste Bille les Seigneurs sont assentuz.

An Act for justifying the Proceedings of Parliament in the late War, and for Declaring all Oaths, Declarations, Proclamations and other Proceedings against it, to be void.

WHereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a War in their just and lawful Defence, and thereupon Oaths, Declarations and Proclamations have been made against them and their Ordinances and Pro∣ceedings, and against others for adhering unto them, and for executing Offices, Places and Charges by Authority derived from them; and Judgments, Indictments, Outlawries, Attain∣ders and Inquisitions, for the causes aforesaid, have been had and made against some of the Members of the Houses of Parliament and other his Majesties good Subjects, and Grants have been made of their Lands and Goods: Be it therefore Declared and hereby Enacted by the Kings Majesty, and by the Lords and Commons assembled in Parliament, and by Authority of the same, That all Oaths, Declarations and Proclamations heretofore had or made against both or either of the Houses of Parliament, or any the Members of either of them, for the causes aforesaid, or against their Ordinances or Proceedings, or against any for adhering un∣to them, or for doing or executing any Office, Place or Charge, by any Authority derived from the said Houses, or either of them, and all Judgments, Indictments, Outlawries, Attain∣ders, Inquisitions and Grants thereupon made, and all other Proceedings for any the causes a∣foresaid, had made, done or executed, or to be had, made, done or executed, whether the same be done by the King, or any Judges, Justices, Sheriffs, Ministers, or any others, are void and of no effect, and are contrary to and against the Laws of the Realm. And be it further Enacted and hereby Declared by the Authority aforesaid, That all Judges, Justices of the

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Peace, Maior, Sheriffs, Constables, and other Officers and Ministers, shall take notice hereof, and are hereby prohibited and discharged in all time to come from awarding any Writ, Pro∣cess or Summons, and from pronouncing or executing any Judgment, Sentence or Decree, or any way proceeding against or molesting any of the said Members of the two Houses of Par∣liament, or against any of the Subjects of this Kingdom, for any the causes aforesaid.

Soit baillé aux Seigneurs.

A ceste Bille les Seigneurs sont assentuz.

An Act concerning Peers lately made, and hereafter to be made.

BE it Enacted by the Kings Majesty, and by the Lords and Commons assembled in Parlia∣ment, That all Honour and Title of Peerage conferred on any since the twentieth day of May, 1642. (being the day that Edward Lord Littleton, then Lord Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament) be and is hereby made and declared Null and Void. Be it further Ena∣cted, and it is hereby Enacted by the Authority aforesaid, that no Person that shall hereafter be made a Peer, or His Heirs, shall sit or vote in the Parliament of England without consent of both Houses of Parliament.

Soit baillé aux Seigneurs.

A ceste Bille les Seigneurs sont assentuz.

An Act concerning the Adjournments of both Houses of Parliament.

BE it Declared and Enacted by the Kings Majesty, and by the Lords and Commons assem∣bled in Parliament, and by the Authority of the same, That when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of this present Parliament to any other place of the Kingdom of England than where they now sit, or from any place adjourn the same again to the place where they now sit, or to any other place within the Kingdom of England, that then such their Adjournment and Adjournments to such places and for such time as they shall appoint, shall at all times and from time to time be valid and good, any Act, Statute or Usage to the contrary notwith∣standing. Provided always, and be it Enacted by the Authority aforesaid, That no Adjourn∣ment or Adjournments to be had or made by reason or colour of this Act, shall be deemed, adjudged or taken, to make end or determine any Session of this present Parliament.

And they also commanded us to present to Your Majesty these ensuing Propositions.

[Heads of the Propositions.]
  • 1. That the new Seal be confirmed,* 1.7 and the old Great Seal, and all things passed under it since May 1642. be made void.
  • 2. That Acts be passed for raising Moneys to satisfie Publick Debts.
  • 3. That Members of both Houses put from their places by the King, be restored.
  • 4. That the Cessation in Ireland be made void, and the War left to both Houses.
  • 5. That an Act of Indemnity be passed.
  • 6. That the Court of Wards be taken away, and such Tenures turned into common Soccage.
  • 7. That the Treaties between the English and Scots be confirmed, and Commissioners appoint∣ed for Conservation of the Peace between the Kingdoms.
  • 8. That the Arrears of the Army be paid out of the Bishops Lands, forfeited Estates, and Fo∣rests.
  • 9. That an Act be passed for abolishing Bishops and all Appendants to them.
  • 10. That the Ordinances for disposing of Bishops Lands be confirmed by Act.
  • 11. That an Act be passed for the sale of Church-Lands.
  • 12. That Delinquents be proceeded against, and their Estates disposed of, according to the several Qualifications.
  • 13. Than an Act be passed for discharge of Publick Debts.
  • 14. That Acts be passed for settling the Presbyterian Government, and Directory.
    • Fourteen of the Thirty nine Articles revised by the Assembly of Divines.
    • Rules and Directions concerning Suspension from the Lords Supper.
  • 15. That the chief Governour and Officers in Ireland, and the great Officers in England, be nominated by both Houses.
  • 16. That an Act be passed for conviction of Popish Recusants.
  • ...

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  • 17. That an Act be passed for the Education of the Children of Papists by Protestants.
  • 18. That an Act be passed for levying the Penalties against Popish Recusants.
  • 19. That an Act be passed for preventing the Practices of Papists against the State, and hearing Mass.
  • 20. That an Act be passed for Observation of the Lords day.
  • 21. And a Bill for suppressing Innovations.
  • 22. And for advancement of Preaching.
  • 23. And against Pluralities and Non-residency.

They have also commanded us to desire, That Your Majesty give Your Royal Assent to these Bills by Your Letters-Patents under the Great Seal of England, and signed by Your Hand, and Declared and Notified to the Lords and Commons assembled together in the House of Peers, according to the Law declared in that behalf; it appearing unto them upon ma∣ture deliberation, that it stands not with the Safety and Security of the Kingdom and Parlia∣ment▪ to have Your Majesties Assent at this time given otherwise: They desire therefore that Your Majesty be pleased to grant Your Warrant for the draught of a Bill for such Your Let∣ters Patents to be presented to Your Majesty, and then a Warrant to Edward Earl of Man∣chester, and William Lenthal Esquire, Speaker of the House of Commons, who have now the Custody of the Great Seal of England, to put the same of Your Majesties Letters-Patents signed as aforesaid, thereby authorizing Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Philip Earl of Pembroke, William Earl of Salisbury, Robert Earl of Warwick, and Edmond Earl of Moulgrave, or any three of them, to give Your Majesties Royal Assent unto the said Bills, according to the Law in that behalf declared. And for the other particulars contained in the aforementioned Propositions, the two Houses of Parlia∣ment will, after such Your Majesties Assent given to the said Bills, send a Committee of both Houses to Treat with Your Majesty in the Isle of Wight thereupon.

The Paper of the Scots Commissioners delivered to His MAJESTY when the Four Bills and Propositions were presented.

THere is nothing which we have more constantly endeavoured, and do more earnestly desire, than a good Agreement and happy Peace between Your Majesty and Your Parliaments of both Kingdoms, neither have we left any means unassayed that by united Counsels with the Houses of the Parliament of England, and by making joynt Applications to Your Majesty, there might be a composure of all Differences: But the new Propositions communicated to us by the Houses, and the Bills therewith presented to Your Majesty, are so prejudicial to Religion, the Crown, and the Union and Interest of the Kingdoms, and so far different from the former proceedings and engagements betwixt the Kingdoms, as we cannot concur therein. Therefore we do in the Name of the Kingdom of Scotland dissent from these Propositions and Bills now tendred to Your Majesty.

  • London.
  • Lauderdale.
  • Char. Erskin.
  • Hu. Kennedy.
  • Ro. Berclay.

His MAJESTIES Answer to the Four Bills and Propositions, Dec. 28. 1647.

For the Speaker of the Lords House pro tempore, to be communicated to the Lords and Commons in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland.

CHARLES R.

THE necessity of complying with all engaged Interests in these great Distempers, for a perfect settlement of Peace, His Majesty finds to be none of the least Difficulties He hath met with since the time of His Afflictions. Which is too visible, when at the same time

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that the two Houses of the English Parliament do present to his Majesty several Bills and Pro∣positions for his Consent, the Commissioners for Scotland do openly protest against them. So that were there nothing in the case but the consideration of that difference, his Majesty can∣not imagine how to give such an Answer to what is now proposed, as thereby to promise him∣self his great End, A Perfect Peace. And when his Majesty farther considers how impossible it is (in the condition he now stands) to fulfil the desires of his two Houses, since the only an∣cient and known ways of passing Laws are either by his Majesties Personal Assent in the House of Peers, or by Commission under his Great Seal of England; he cannot but wonder at such failings in the manner of Address which is now made unto him: unless his two Hou∣ses intend that his Majesty shall allow of a Great Seal made without his Authority, before there be any consideration had thereupon in a Treaty; which as it may hereafter hazard the Security it self, so for the present it seems very unreasonable to his Majesty. And though his Majesty is willing to believe that the intention of very many in both Houses, in sending these Bills before a Treaty, was only to obtain a Trust from him, and not to take any advantage by passing them, to force other things from him which are either against his Conscience or Honour: yet his Majesty believes it clear to all understandings, that these Bills contain (as they are now penned) not only the devesting himself of all Sovereignty, and that without possibility of recovering it either to him or his Successors, (except by repeal of those Bills) but also the making his Concessions guilty of the greatest pressures that can be made upon the Subject, as in other particulars, so by giving an Arbitrary and unlimited Power to the two Houses for ever, to raise and levy Forces for Land or Sea-service, of what persons (without distinction or quality) and to what numbers they please; and likewise, for the payment of them, to levy what moneys, in such sort and by such ways and means (and consequently up∣on the Estates of whatsoever persons) as they shall think fit and appoint; which is utterly inconsistent with the Liberty and Property of the Subject, and his Majesties Trust in prote∣cting them. So that if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills, his Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto: and if not, what a strange condition (after the passing of these Four Bills) his Majesty and all his Subjects would be cast into. And here his Majesty thinks it not unfit, to wish his two Houses to consider well the manner of their proceeding; That when his Majesty desires a Personal Treaty with them for the settling of a Peace, they in Answer propose the very subject matter of the most essential part thereof to be first grant∣ed: a thing which will be hardly credible to Posterity. Wherefore his Majesty declares, That neither the desire of being freed from this tedious and irksome condition of life his Majesty hath so long suffered, nor the apprehension of what may befall him in case his two Houses shall not afford him a Personal Treaty, shall make him change his Resolution, of not consent∣ing to any Act till the whole Peace be concluded. Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him, but also to make good all other Concessions mentioned in his Message of the 16. of Novemb. last, which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him.

And yet his Majesty cannot give over, but now again earnestly presseth for a Personal Treaty, (so passionately is he affected with the advantages which Peace will bring to his Ma∣jesty and all his Subjects;) of which he will not at all despair, (there being no other visible way to obtain a well-grounded Peace.) However his Majesty is very much at ease within himself, for having fulfilled the Offices both of a Christian and of a King; and will patiently wait the good pleasure of Almighty God, to incline the hearts of his two Houses to consider their King, and to compassionate their fellow-Subjects miseries.

Given at Carisbrook-Castle in the Isle of Wight, Decemb. 28. 1647.

A Declaration of the Lords and Commons assembled in Parliament; with the Resolu∣tions of both Houses concerning the King.

Together with an Order for Imprisoning the Persons and Sequestring the Estates of any that shall act contrary to this Declaration and Resolutions.

Die Sabbathi, 15. Januarii, 1647.

THE Lords and Commons assembled in Parliament, after many Addresses to his Maje∣sty for the preventing and ending this Unnatural War raised by him against his Parlia∣ment and Kingdom, having lately sent Four Bills to his Majesty, which did contain only mat∣ter

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of Safety and Security to the Parliament and Kingdom, referring the composure of all other Differences to a Personal Treaty with his Majesty, and having received an absolute Negative, do hold themselves obliged to use their uttermost Endeavours speedily to settle the present Government in such a way as may bring the greatest Security to this Kingdom, in the enjoyment of the Laws and Liberties thereof; and in order thereunto, and that the Hou∣ses may receive no Delays nor Interruptions in so great and necessary a Work, they have ta∣ken these Resolutions, and passed these Votes following; viz.

Resolved upon the Question,

THat the Lords and Commons do Declare, That they will make no further Addresses or Applications to the King.

Resolved upon the Question by the Lords and Commons assembled in Parliament,

That no Application or Address be made to the King by any person whatsoever, without the leave of both Houses.

Resolved upon the Question by the Lords and Commons assembled in Parliament,

That the person or persons that shall make breach of this Order shall incur the Penalties of High Treason.

Resolved upon the Question,

That the Lords and Commons do Declare, That they will receive no more any Message from the King, and do enjoyn, that no person whatsoever do presume to receive or bring any Message from the King to both or either of the Houses of Parliament, or to any other person.

  • Joh. Browne, Cleric. Parliamentorum.
  • H. Elsynge, Cler. Parl. D. Com.

Die Lunae, 17. Januarii, 1647.

Ordered by the Lords and Commons assembled in Parliament, That this Declaration and these Resolutions be forthwith printed and published; and that the several Knights of the Shires, and Burgesses that serve for the several Towns and places, do send Copies of the same to the several Counties and places.

It is further Ordered, That whatsoever person shall act contrary to this Declaration and Resolutions of Parliament, or shall incite or encourage others so to do, shall upon due proof thereof be Imprisoned, and his Estate Sequestred; and the Offenders in the premisses, after publication hereof, shall be within the several Ordinances of Sequestration: And all Com∣mittees and Commissioners of Sequestrations are hereby authorized and required to take no∣tice hereof, and to proceed to Sequestration accordingly.

  • Joh. Browne, Cleric. Parliamentorum.
  • H. Elsynge, Cler. Parl. D. Com.

His MAJESTIES Declaration in Answer to the Votes of No further Address. Carisbrook-Castle, 18. Jan. 1647.

To all My People, of whatsoever Nation, Quality or Condition.

AM I thus laid aside? and must I not speak for my self? No; I will speak, and that to all my People, (which I would have rather done by the way of my two Houses of Parlia∣ment, but that there is a publick Order, neither to make Addresses to, or receive Message from me.) And who but you can be judge of the Differences betwixt me and my two Houses? I know none else; for I am sure you it is who will enjoy the happiness, or feel the misery of good or ill Government: and we all pretend who shall run fastest to serve you, without having a re∣gard (at least in the first place) to particular Interests. And therefore I desire you to consider the state I am and have been in this long time, and whether my actions have more tended to the Publick or my own Particular good. For whosoever will look upon upon me barely as I am a Man, without that Liberty (which the meanest of my Subjects enjoys) of going whither and conversing with whom I will; as a Husband and Father, without the com∣fort of my Wife and Children; or lastly, as a King, without the least shew of Autho∣rity or Power to protect my distressed Subjects; must conclude me not onely void of all Natural Affection, but also to want common Understanding, if I should not most

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chearfully embrace the readiest way to the settlement of these distracted Kingdoms. As al∣so, on the other side, do but consider the Form and draught of the Bills lately presented un∣to Me; and as they are the Conditions of a Treaty, ye will conclude, that the same spirit which hath still been able to frustrate all My sincere and constant endeavours for Peace, hath had a powerful influence on this Message: for though I was ready to grant the Substance, and comply with what they seem to desire; yet as they had framed it I could not agree there∣unto, without deeply wounding my Conscience and Honour, and betraying the Trust repo∣sed in me, by abandoning my People to the Arbitrary and unlimited power of the two Hou∣ses for ever, for the levying and maintaining of Land or Sea-Forces, without distinction of Quality, or limitation for Money-Taxes. And if I could have passed them in terms, how un∣heard of a Condition were it for a Treaty to grant beforehand the most considerable part of the subject matter? How ineffectual were that Debate like to prove, wherein the most potent party had nothing of moment left to ask, and the other nothing more to give? so consequently, how hopeless of mutual compliance? without which a Settlement is impossi∣ble. Besides, if after my Concessions the two Houses should insist on those things from which I cannot depart, how desperate would the Condition of these Kingdoms be, when the most proper and approved Remedy should become ineffectual? Being therefore fully resolved that I could neither in Conscience, Honour or Prudence, pass those Four Bills, I only endeavour∣ed to make the Reasons and Justice of my Denial appear to all the World, as they do to me, intending to give as little dissatisfaction to the two Houses of Parliament (without betraying my own Cause) as the matter would bear. I was desirous to give my Answer of the 28. of December last to the Commissioners sealed, (as I had done others heretofore, and sometimes at the desire of the Commissioners) chiefly, because when my Messages or Answers were pub∣lickly known before they were read in the Houses, prejudicial interpretations were forced on them, much differing, and sometimes contrary to my meaning. For example, my Answer from Hampton-Court was accused of dividing the two Nations, because I promised to give satisfa∣ction to the Scots in all things concerning that Kingdom: and this last suffers in a contrary sense, by making me intend to interest Scotland in the Laws of this Kingdom, (then which nothing was, nor is, further from my thoughts) because I took notice of the Scots Commis∣sioners protesting against the Bills and Propositions, as contrary to the Interests and Engage∣ments of the two Kingdoms. Indeed, if I had not mentioned their dissent, an Objection, not without some probability, might have been made against me, both in respect the Scots are much concerned in the Bill for the Militia and in several other Propositions, and my silence might with some justice seem to approve of it. But the Commissioners refusing to receive my Answer sealed, I (upon the engagement of their and the Governour's Honour, that no other use should be made or notice taken of it than as if it had not been seen) read and deli∣vered it open unto them; whereupon what hath since passed, either by the Governour, in discharging most of my Servants, redoubling the Guards, and restraining me of my former Li∣berty, (and all this, as himself confest, meerly out of his own dislike of my Answer, notwith∣standing his beforesaid Engagement) or afterwards by the two Houses (as the Governor af∣firms) in confining me within the circuit of this Castle, I appeal to God and the World, whether my said Answer deserved the Reply of such proceedings; besides the unlawfulness for Subjects to imprison their King. That, by the permission of Almighty God, I am redu∣ced to this sad condition, as I no way repine, so I am not without hope but that the same God will, in due time, convert the Afflictions into my Advantage. In the mean time I am confident to bear these crosses with Patience and a great equality of Mind: but by what means or occasion I am come to this Relapse in my Affairs, I am utterly to seek; especially when I consider that I have sacrificed to my two Houses of Parliament, for the Peace of the Kingdom, all but what is much more dear to me than my Life, my Conscience and Ho∣nour, desiring nothing more than to perform it in the most proper and natural way, A Personal Treaty. But that which makes me most at a loss is, the remembring my sig∣nal Compliance with the Army and their Interests, and of what importance my Com∣pliance was to them, and their often-repeated Professions and Engagements for my just Rights in general, at Newmarket and Saint-Albans, and their particular explanations of those generals by their Voted and revoted Proposals; which I had reason to understand should be the utmost extremity would be expected from me, and that in some things there∣in I should be eased, (herein appealing to the Consciences of some of the chiefest Officers in the Army, if what I have said be not punctually true:) and how I have failed of their expe∣ctations or my professions to them, I challenge them and the whole World to produce the least colour of Reason. And now I would know what it is that is desired. Is it Peace? I have shewed the way (being both willing and desirous to perform my part in it) which is, a just Compliance with all chief Interests. Is it Plenty and Happiness? they are the inseparable ef∣fects

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of Peace. Is it Security? I who wish that all men would forgive and forget like me, have offered the Militia for my time. Is it Liberty of Conscience? He who wants it is most ready to give it. Is it the right administration of Justice? Officers of trust are committed to the choice of my two Houses of Parliament. Is it frequent Parliaments? I have legally, ful∣ly concurr'd therewith. Is it the Arrears of the Army? Upon a Settlement they will certainly be payed with much ease; but before, there will be found much difficulty, if not impossibili∣ty, in it.

Thus all the World cannot but see my real and unwearied endeavours for Peace, the which (by the Grace of God) I shall neither repent me of, nor ever be slackned in, notwithstanding My past, present, or future Sufferings: But if I may not be heard, let every one judge who it is that obstructs the good I would or might do. What is it that men are afraid to hear from me? It cannot be Reason, (at least none will declare themselves so unreasonable as to confess it:) and it can less be impertinent or unreasonable Discourses; for thereby, peradven∣ture, I might more justifie this my Restraint than the causers themselves can do: so that of all wonders yet this is the greatest to me. But it may be easily gathered how those men in∣tend to govern who have used me thus. And if it be my hard Fate to fall together with the Liberty of this Kingdom, I shall not blush for my self, but much lament the future Miseries of my People; the which I shall still pray God to avert, whatever becomes of me.

CHARLES R.

Votes for a Treaty. Die Veneris, 28. Jul. 1648.
Resolved,

THat a Treaty be had with the King in Person in the Isle of Wight, by a Committee ap∣pointed by both Houses, upon the Propositions presented to him at Hampton-Court, and for the taking away of Wards and Liveries, for settling of a safe and well-grounded Peace.

Die Mercurii, 2. Aug. 1648.
Resolved,

THat a Committee of both Houses be sent to his Majesty to acquaint him with their Re∣solutions to treat personally with his Majesty by a Committee of both Houses in such place as his Majesty shall make choice of in the Isle of Wight, upon the Propositions presen∣ted▪ at Hampton-Court, and the taking away of Wards and Liveries, for the settling of a safe and well-grounded Peace: Which Treaty is resolved by the two Houses to be transacted with Honor, Freedom and Safety to his Majesty, in the Isle of Wight.

Die Jovis, 3. Aug. 1648.
Instruction from both Houses of the Parliament of England for James Earl of Middlesex, Sir John Hippesley Knight, and John Bulkeley Esquire, Committees of Parliament.

I. YOu, or any two of you, whereof one to be a Lord, shall with all speed repair unto his Majesty at the Castle of Carisbook in the Isle of Wight.

II. You, or any two of you, whereof one to be a Lord, shall present unto his Majesty the Resolutions of both Houses of Parliament concerning a Personal Treaty to be had with his Majesty in the Isle of Wight.

III. You, or any two of you, whereof one to be a Lord, shall desire his Majesties speedy Answer to the said Resolutions.

IV. You, or any two of you, whereof one to be a Lord, are to acquaint his Majesty that you are only allotted ten days from Friday next for your Going, Stay, and Return.

V. You, or any two of you, whereof one to be a Lord, shall have power, in case his Ma∣jesty desires to see the Propositions which were presented to him at Hampton-Court, to pre∣sent him a Copy of them.

His MAJESTIES Message in Answer to the Votes. Carisbrooke, 10. Aug. 1648. For the Speaker of the Lords House pro tempore, to be communicated to the Lords and Commons in the Parliament of England at Westminster.

CHARLES R.

IF the Peace of my Dominions were not much dearer to me than any particular Interest whatsoever; I had too much reason to take notice of the several Votes which passed a∣gainst me, and the sad Condition I have been in now above these seven Months. But since

Page 599

you my two Houses of Parliament have opened (as it seems to me) a fair beginning to a happy Peace, I shall heartily apply my self thereunto; and to that end I will, as clearly and shortly as I may, set you down those things which I conceive necessary to this blessed Work, so that we together may remove all impediments that may hinder a happy conclusion of this Treaty, which with all chearfulness I do embrace.

And to this wished End your selves have laid most excellent grounds: For what can I reasonably expect more then to Treat with Honour, Freedom and Safety, upon such Propo∣sitions as you have or shall present unto me, and such as I shall make to you? But withal remember, that it is the definition, not names, of things which make them rightly known; and that without means to perform, no Propositions can take effect. And truly my present Con∣dition is such, that I can no more Treat then a blind man judge of colours, or one run a race who hath both his feet fast tied together. Wherefore my first necessary Demand is,

That you will recal all such Votes and Orders by which people are frighted from coming, writing, or speaking freely to me.

Next, that such men of all Professions, whom I shall send for as of necessary use to me in this Treaty, may be admitted to wait upon me. In a word, that I may be in the same state of Freedom I was in when I was last at Hampton-Court. And indeed, less cannot in any rea∣sonable measure make good those Offers which you have made me by your Votes. For how can I Treat with Honour, so long as people are terrified with Votes and Orders against com∣ing to speak or write to me? and am I honourably treated, so long as there is none about me (except a Barber, who came now with the Commissioners) that ever I named to wait up∣on me? or with Freedom, until I may call such unto me, of whose services I shall have use in so great and difficult a Work? And for Safety, (I speak not of my Person, having no appre∣hension that way) how can I judge to make a safe and well grounded Peace, until I may know (without disguise) the true present state of all my Dominions, and particularly of all those whose Interests are necessarily concerned in the Peace of these Kingdoms? Which leads me naturally to the last necessary Demand I shall make for the bringing this Treaty to an happy end, which is,

That you alone, or you and I joyntly, do invite the Scots to send some persons authorized by them to Treat upon such Propositions as they shall make: For certainly the publick and necessary Interests they have in this great Settlement is so clearly plain to all the World, that I believe no body will deny the necessity of their concurrence in this Treaty in order to a du∣rable Peace. Wherefore I will only say, that as I am King of both Nations, so I will yield to none in either Kingdom for being truly and zealously affected for the good and honour of both; my Resolution being never to be partial for either to the prejudice of the other.

Now as to the Place (because I conceive it to be rather a circumstantial than real part of this Treaty, I shall not much insist upon it) I name Newport in this Isle: yet the fervent zeal I have that a speedy end be put to these unhappy Distractions, doth force me earnestly to de∣sire you to consider what a great loss of time it will be to Treat so far from the body of my two Houses, when every small debate (of which doubtless there will be many) must be trans∣mitted to Westminster before it be concluded. And really I think (though to some it may seem a Paradox) that peoples minds will be much more apt to settle, seeing me Treat in or near London, than in this Isle; because so long as I am here, it will never be believed by ma∣ny that I am really so free as before this Treaty begin I expect to be. And so I leave and re∣commend this point to your serious consideration.

And thus I have not only fully accepted of the Treaty which you have proposed to me by your Votes of the third of this Month, but also given it all the furtherance that lies in me, by demanding the necessary means for the effectual performance thereof: All which are so necessarily implied by, though not particularly mentioned in, your Votes, as I can no ways doubt of your ready compliance with me herein. I have now no more to say, but to conjure you by all that is dear to Christians, honest men, or good Patriots, that ye will make all the Expedition possible to begin this happy Work, by hastning down your Commissioners fully authorized and well instructed, and by enabling me (as I have shewed you) to Treat; pray∣ing the God of Peace so to bless our endeavours, that all my Dominions may speedily enjoy a safe and well-grounded Peace.

CHARLES R.

Carisbrook, Aug. 10. 1648.

Page 600

A Letter from the Speaker of both Houses to His Majesty, Aug. 25. 1648. With Votes in order to a Treaty.

May it please Your Majesty,

WE are commanded by Your Majesties loyal Subjects, the Lords and Commons in Par∣liament assembled, to present unto Your Majesty these Resolutions inclosed, which are the results of the said Lords and Commons upon your Majesties Letter of the tenth of August instant.

Westminster, 25. Aug. 1648.

Your Majesties most loyal and most humble Subjects and Servants,

  • Manchester, Speaker of the House of Peers pro tempore.
  • William Lenthal, Speaker of the House of Commons.

Die Jovis, 24. Aug. 1648.

Resolved upon the Question by the Lords and Commons in Parliament assembled,

That for opening a way towards a Treaty with his Majesty for a safe and well-ground∣ed Peace, these four Votes following are hereby revoked and taken off, viz.

  • 1. Resolved, That the Lords and Commons do declare, That they will make no further Ad∣dresses or Applications to the King.
  • 2. Resolved by the Lords and Commons assembled in Parliament, That no Application or Ad∣dresses be made to the King by any person whatsoever without the leave of both Houses.
  • 3 Resolved by the Lords and Commons assembled in Parliament, That the person or persons that shall make breach of this Order, shall incur the penalties of high Treason.
  • 4. Resolved, That the Lords and Commons do declare, That they will receive no more any Message from the King; and do enjoyn, that no person whatsoever do presume to receive or bring any Message from the King, to both or either of the Houses of Parliament, or to any other person.

Resolved by the Lords and Commons, That his Majesty be desired to send to the Houses the Names of such Persons as he shall conceive to be of necessary use to be about him du∣ring this Treaty, they not being persons excepted by the Houses from Pardon, or under re∣straint, or in actual War against the Parliament by Sea or Land, or in such numbers as may draw any just cause of suspicion: And that his Majesty shall be in the Isle of Wight in the same state and Freedom as he was in when he was last at Hampton-Court.

Resolved, That the Houses do agree, that such Domestick Servants, not being in the former Limitations, as his Majesty shall appoint to come to attend upon his Majesties Person, shall be sent unto him.

Resolved, That the Town of Newport in the Isle of Wight, named by the King, shall be the Place for this Treaty with his Majesty.

Resolved, That if the King shall think fit to send for any of the Scotish Nation, to advise with him concerning the Affairs of the Kingdom of Scotland only, the Houses will give them a safe Conduct, they not being persons under restraint in this Kingdom, or in actual War a∣gainst the Parliament by Sea or Land, or in such numbers as may draw any just cause of sus∣picion.

Resolved, That Five Lords and Ten Members of the House of Commons be Commis∣sioners to Treat with the King.

Resolved, That the time of beginning the Treaty be within ten days after the Kings As∣sent to Treat as is agreed, and to continue forty days after the beginning thereof.

Resolved, That his Majesty be desired to pass his Royal Word to make his constant Re∣sidence in the Isle of Wight, from the time of his Assenting to Treat until twenty days after the Treaty be ended, unless it be otherwise desired by both Houses of Parliament; and that after his Royal Word so passed, and his Assent given to Treat as aforesaid, from thenceforth the former Instructions of the 16. of November 1647. be vacated, and these observed; and that Colonel Hammond be authorized to receive his Majesties Royal Word passed to the two Houses of Parliament for his Residence in the Isle of Wight, according as is formerly expressed, and shall certifie the same to both Houses.

Page 601

His MAJESTIES Answer to the Votes.

For the Earl of Manchester, Speaker of the House of Peers pro tempore, and William Lenthal, Speaker of the House of Commons. Carisbrook, Monday 28. August, 1648.

MY Lord, and Master Speaker, I have received your Letter of the 25. of this Month, with the Votes that you sent Me, which though they are not so full as I could have wished, for the perfecting of a Treaty, yet because I conceive by what you have done, that I am in some measure fit to begin one, such is My uncessant and earnest desire to give a Peace to these My now distracted Dominions, as I accept the Treaty, and therefore desire that such five Lords and ten Commoners as My two Hou∣ses shall appoint, be speedily sent, fully Authorized and Instructed to Treat with Me▪ not doubting but what is now wanting, will at our meeting upon Debate be fully sup∣plied, not only to the furtherance of this Treaty, but also to the consummating of a safe and well-grounded Peace. So I rest,

Your good Friend, CHARLES R.

Here Inclosed I have sent you a List that ye have desired.

I desire in order to one of your Votes, that ye would send Me a free pass for Parsons, one of the Grooms of My Presence-Chamber, to go into Scotland, and that ye would immediately send him to Me to receive the Dispatch thither.

The List.
  • Duke Richmond, Marq. Hartford, Earl Lindsey, Earl Southampton, Gentlemen of My Bed-Chamber.
  • George Kirke, James Leviston, Henry Murrey, John Ashburnham, William Leg, Grooms of My Bed-Chamber.
  • Thomas Davise, Barber.
  • Hugh Henne, Humph. Rogers, William Levett, Pages of My Back-Stairs.
  • Rives, Yeoman of My Robes.
  • Sir Ed. Sidenham, Robert Terwitt, John Housden, Querries, with four or six of My Footmen, as they find fittest to wait.
  • Mistress Wheeler Landress, with such Maids as she will chuse.
  • Parsons, a Groom of My Presence.
  • Sir Fulke Grevill, Captain Titus, Captain Burroughs, Master Cresset,Hansted, Ab. Dowsett,Firebrace, to wait as they did, or as I shall appoint them.
  • Bishop of London, Bishop of Salisbury, Doctor Shelden, Doctor Hammond, Doctor Holdsworth, Doctor Sanderson, Doctor Turner, Doctor Heywood, Chaplains.
  • Sir Thomas Gardiner, Sir Or. Bridgman, Sir Ro. Holbourne, Mr. Geffrey Palmer, Mr. Tho∣mas Cooke, Mr. J. Vaughan, Lawyers.
  • Sir Edward Walker, Mr. Phil. Warwick, Nic. Oudart, Charles Whitaker, Clarks and Writers.
  • Peter Newton, Clem. Kinersley, to make ready the House for Treating.

A Letter from the Speakers of both Houses to His MAJESTY, Sept. 2. MDCXLVIII.

With the Names of their Committee to Treat with Him.

YOur two Houses of Parliament have commanded us to acquaint Your Majesty, that they have appointed the Earl of Northumberland, the Earl of Pembroke, the Earl of Salisbury, the Earl of Middlesex, and the Lord Viscount Say and Seale, Members of the House of Peers, and Thomas Lord Wenman, Master Denzil Hollis,

Page 602

Master William Pierrepont, Sir Henry Vane junior, Sir Harbottle Grimston, Master Samuel Brown, Master John Crew, Master Recorder of the City of London, Sir John Potts, Master John Bulkeley, Members of the House of Commons, to Treat with Your Majesty at Newport in the Isle of Wight: And though they cannot come within the time ap∣pointed, yet they shall give their attendance with all convenient speed.

2. Septemb. 1648.

Your Majesties most loyal and humble Servants,

  • Hunsdon, Speaker of the House of Peers pro tempore;
  • William Lenthal, Speaker of the House of Commons.

His MAJESTIES Answer to both Speakers.

For the Lord Hunsdon, Speaker of the House of Peers pro tempore; and William Len∣thal, Speaker of the House of Commons.

My Lord, and Mr. Speaker.

I Have received your Letter of the second of this Month, containing the Names of those who are to Treat with Me; and though they do not come at the time ap∣pointed, I shall not wonder, at first judging it too short, in respect of My two Houses, not of My self, so that I did not imagine it could be kept, (as I then commanded Sir Peter Killegrew to tell you by word of Mouth): and therefore it shall be far from Me to take Exceptions for their having elapsed the appointed time; for God forbid that either my two Houses or I should carp at circumstances, to give the least impediment to this Treaty, much less to hinder the happy finishing of it. I say this the rather, because I know not how it is possible, (in this I shall wish to be deceived) that in Forty days Treaty the many Distractions of these Kingdoms can be setled; and if so, it were more than strange, that time enough should not be given for the perfecting of this most great and good Work, which as I will not believe can be stuck on by the two Houses, so I am sure it shall never be by

Carisbrook, 7. Sept. 1648.

Your good Friend, CHARLES R.

I think fit to tell you, because I believe in this Treaty there will be need of Civil Lawyers, I have sent for My Advocate, Rives, and D. Duck.

[And afterward his Majesty desired the Persons named in this Note, inclosed in a Letter of one of their Commissioners, Novemb. 2. to be sent to Him.]

C. R.

The Bishop of Armagh, the Bishop of Excester, the Bishop of Rochester, the Bishop of Worcester, Dr. Fern, Dr. Morley.

[The Propositions of both Houses being the same which had been presented to his Majesty at Hampton-Court, and little differing from those which had been largely discussed in the former Treaties at Oxford and Uxbridg; for this reason, as also because neither Party did publish the particulars of this Treaty, we have thought fit to represent only what is Authentick, and therefore shall add only His Majesties fair Offers in order to a Peace.]

His MAJESTIES Propositions, 29. Sept. 1648.

HIS Majesty did use many earnest endeavours for a Personal Treaty, which he hoped might have been obtained at Westminster, between Him and His two Hou∣ses of Parliament immediately: yet they having made choice of this way by you their Commissioners, His Majesty did gladly and chearfully accept thereof in this place, as a fit means to begin a Treaty for a Peace, which might put an end to His own sad Con∣dition, and the Miseries of His Kingdom. For an entrance whereunto, His Majesty

Page 603

hath already expressed His Consent to the First Proposition. But finding you are limi∣ted by Instructions, which you have no Warrant to communicate unto Him, and having cause by your Paper, of the 20. of this present to believe that you have no power to omit or alter any thing, though He shall give you such Reasons as may satisfie you so to do, without transmitting the Papers to the two Houses at a far distance, where His Majesties Reasons, Expressions and Offers upon Debate cannot be fully represented, and from whence their Answers cannot be returned without much wast of the time allotted for the Treaty here; and having lately received another Paper concerning the Church, con∣taining in it self many particulars of great importance, and referring to divers Ordi∣nances, Articles of Religion, and other things (eleven or twelve in number) of great length, and some of them very new, and never before presented to His Majesty, the due consideration whereof will take up much time, and require His Majesties Presence with His two Houses before a full resolution can well be had in matters of so high con∣sequence: To the end therefore that the good work now in hand may (by God's bles∣sing) proceed more speedily and effectually to an happy Conclusion, and that His two Houses of Parliament may at present have further security, and an earnest of future satisfaction; His Majesty, upon consideration had of yours, makes these Propositions fol∣lowing.

Concerning the Church; His Majesty will consent, That the Calling and sitting of the Assembly of Divines at Westminster be confirmed for three years by Act of Parlia∣ment.

And will by Act of Parliament confirm for Three years the Directory for the Pub∣lick worship of God in the Kingdoms of England and Ireland, and Dominion of Wales.

And will likewise confirm for Three years by Act of Parliament the form of Church-Government which ye have presented to Him, to be used for the Churches of England and Ireland, and Dominion of Wales. Provided, that His Majesty, and those of His Judgement, or any others who cannot in Conscience submit thereunto, be not in the mean time obliged to comply with the same Government, or form of Worship, but have free practice of their own profession. And that a free Consultation and debate be had with the Assembly of Divines at Westminster in the mean time, (Twenty of His Ma∣jesties Nomination being added unto them) whereby it may be determined by His Ma∣jesty and His two Houses of Parliament, how the said Church-Government and form of Publick Worship after the said time may be setled, or sooner, if Differences may be a∣greed; and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland, and Dominion of Wales: And the Articles of Christian Religion now delivered to Him, may in like manner be then considered of and determined, and care taken for the ease of tender Consciences.

And concerning the Bishops Lands and Revenues, His Majesty considering that du∣ring these troublesome times divers of His Subjects have made Contracts and Purcha∣ses, and divers have disbursed great Sums of Money upon security and engagement of those Lands; His Majesty for their satisfaction will consent to an Act or Acts of Parlia∣ment, whereby legal Estates for Lives or for Years (at their choice) not exceeding ninety nine years, shall be made of those Lands towards the satisfaction of the said Pur∣chasers, Contractors, and others to whom they are engaged, at the old Rents, or some other moderate Rent, whereby they may receive satisfaction.

And in case such Lease shall not satisfie, His Majesty will propound and consent to some other way for their further satisfaction.

Provided, that the Propriety and Inheritance of those Lands may still remain and con∣tinue to the Church and Church-men respectively, according to the pious intentions of the Donors and Founders thereof: And the rest that shall be reserved, to be for their maintenance.

His Majesty will give His Royal Assent for the better observation of the Lords day; for suppressing of Innovations in Churches and Chappels in and about the Worship of God; and for the better advancement of the Preaching of God's Holy Word in all parts of this Kingdom; and to an Act against enjoying Pluralities of Benefices by Spiritual Persons, and Non-residency; and to an Act for Regulating and reforming both Univer∣sities, and the Colleges of Westminster, Winchester and Eaton.

His Majesty will consent to an Act for the better discovery and speedy conviction of Popish Recusants, as is desired in your Propositions; and also to an Act for the Educa∣tion of the Children of Papists by Protestants in the Protestant Religion.

As also to an Act for the rrue levying of the Penalties against Papists, to be levied

Page 604

and disposed in such manner as both Houses shall agree on, and as is proposed on His Ma∣jesties behalf.

And also to an Act to prevent the practises of Papists against the State; and for put∣ting the Laws in execution; and for a stricter course to prevent hearing and saying of Mass.

But as to the Covenant, His Majesty is not yet therein satisfied that He can either sign or swear it, or consent to impose it on the Consciences of others; nor doth conceive it proper or useful at this time to be insisted on.

Touching the Militia; His Majesty conceives that your Proposition demands a far larger power over the Persons and Estates of His Subjects than hath ever hitherto been warranted by the Laws and Statutes of this Realm: yet considering the present Distra∣ctions require more, and trusting in His two Houses of Parliament, that they will make no further use of the Power therein mentioned, after the present Distempers setled, than shall be agreeable to the Legal exercise thereof in times past, or just necessity shall re∣quire, His Majesty will consent to an Act of Parliament,

That the Lords and Commons in the Parliament of England now assembled, or here∣after to be assembled, or such as they shall appoint during the space of ten years, shall Arm, Train and Discipline, or cause to be Armed, Trained or Disciplined, all the Forces of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Gernesey and Jersy, and the Town of Berwick upon Tweed, already raised, both for Sea and Land-ser∣vice; and shall from time to time, during the space of ten years, raise, levy, arm, train and discipline, or cause to de raised, levied, armed, trained and disciplined, any other Forces for Land and Sea-service, in the Kingdoms, Dominions and places aforesaid, as in their judgments they shall from time to time during the said space of ten years think fit to appoint: And that neither the King, His Heirs, or Successors, or any other but such as shall act by the Authority or approbation of the said Lords and Commons, shall during the said space of ten years exercise any of the Powers aforesaid.

That Moneys be raised and levied for the maintenance and use of the said Forces for Land-service, and of the Navy and Forces for Sea-service, in such sort, and by such ways and means as the said Lords and Commons shall from time to time, during the said space of ten years, think fit and appoint, and not otherwise.

That all the said Forces both for Land and Sea-service so raised or levied, or to be rai∣sed or levied, and also the Admiralty and Navy, shall from time to time during the said space of ten years be imployed, managed, ordered and disposed by the Lords and Com∣mons in such sort and by such ways and means as they shall think fit and appoint, and not otherwise.

And the said Lords and Commons, or such as they shall appoint, during the said space of ten years shall have power,

1. To suppress all Forces raised, or to be raised, without Authority and Consent of the said Lords and Commons, to the disturbance of the Publick Peace of the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Gernesey and Jersey, and the Town of Berwick upon Tweed, or any of them.

2. To suppress any Foreign Forces who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Gernesey and Jersey, and the Town of Berwick upon Tweed, or any of them.

And after the expiration of the said ten years, neither the King, His Heirs or Suc∣cessors, or any person or persons by colour or pretence of any Commission, Power, De∣putation, or Authority to be derived from the King, His Heirs or Successors, or any of them, shall, without the Consent of the said Lords and Commons, raise, arm, train, discipline, employ, order, manage, disband, or dispose any the Forces by Sea or Land, of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Gernesey and Jersey, and the Town of Berwick upon Tweed, nor exercise any of the said Powers or Authorities herein before mentioned, and expressed to be during the space of ten years in the said Lords and Commons, nor do any act, or any thing concerning the execu∣tion of the said Powers or Authorities, or any of them, without the Consent of the said Lords and Commons first had and obtained.

And with the same Provisoes for saving the ordinary Legal Power of Officers of Justice, not being Military Officers, as is set down in your Propositions.

And with a Declaration, That if any persons shall be gathered and assembled toge∣ther in a Warlike manner, or otherwise, to the number of thirty persons, and shall not forthwith disperse themselves, being require thereto by the said Lords and Commons, or

Page 605

command from them, or any by them especially authorized for that purpose; then such per∣son or persons not so dispersing themselves, shall be guilty and incur the pains of High Treason, being first declared guilty of such offence by the said Lords and Commons; any Commission under the Great Seal, or any other Warrant to the contrary notwithstan∣ding. And he or they that shall so offend herein, to be uncapable of any Pardon from His Majesty, His Heirs or Successors.

And likewise that it be provided that the City of London shall have and enjoy all their Rights, Liberties, &c. in raising and imyloying the Forces of that City in such sort as is mentioned in the said Proposition.

With these Provisoes following to be inserted in the said Act.

First, That none be compelled to serve in the Wars against their wills, but in case of coming in of strange Enemies into this Kingdom.

And that the Powers above mentioned, as concerning the Land-Forces, other than for keeping up and maintenance of Forts and Garisons, and the keeping up, mantain∣ing, and pay of this present Army, so long as it shall be thought fit by both Houses of Parliament, be exercised to no other purposes, than for the suppressing of Forces raised or to be raised without Authority and Consent of the said Lords and Commons as aforesaid, or for suppressing of any Foreign Forces which shall invade or endeavour to invade the Kingdoms, Dominions, or places aforesaid.

And that the Monies be raised by general and equal Taxations; saving that Tonnage and Poundage, and such Imposts as have been applyed to the Navy, be raised as hath been usual.

And that all Patents, Commissions, and other Acts concerning the Premisses, be made and acted in His Majesties Name, by Warrant signified by the Lords and Com∣mons, or such others as they shall authorise for that purpose.

If it shall be more satisfactory to His two Houses, to have the Militia and Powers thereupon depending during the whole time of His Majesties Reign, rather than for the space of ten years, His Majesty gives them the Election.

Touching Ireland, His Majesty having in the two preceding Propositions given His Consent concerning the Church and the Militia there in all things as in England, as to all other matters relating to that Kingdom, after advice with His two Houses, He will leave it to their determination, and give His Consent accordingly, as is herein here∣after expressed.

Touching Publick Debts, His Majesty will give His Consent to such an Act for rai∣sing of Monies by general and equal Taxations for the payment and satisfying the Ar∣rears of the Army, Publick Debts and Engagements of the Kingdom, as shall be agreed on by both Houses of Parliament, and shall be audited and ascertained by them, or such persons as they shall appoint, within the space of twelve Months after the passing of an Act for the same.

His Majesty will Consent to an Act, that during the said space of ten years, the Lord Chancellor, or Lord Keeper, Commissioners of the Great Seal, or Treasury, Lord Warden of the Cinque-Ports, Chancellor of Exchequer and Dutchy, Secretaries of State, Master of the Rolles, and Judges of both Benches, and Barons of the Exchequer of England, be nominated by both Houses of the Parliament of England, to continue quam∣diu se bene gesserint; and in the intervals of Parliament, by such others as they shall au∣thorise for that purpose.

His Majesty will Consent, That the Militia of the City of London and Liberties there∣of, during the space of ten years, may be in the Ordering and Government of the Lord Mayor, Aldermen and Commons in the Common-Councel assembled, or such as they shall from time to time appoint, (whereof the Lord Mayor and Sheriffs for the time be∣ing to be three) to be imployed and directed from time to time, during the said space of ten years, in such manner as shall be agreed upon and appointed by both Houses of Parliament: And that no Citizen of the City of London, nor any of the Officers of the said City, shall be drawn forth or compelled to go out of the said City or Liberties there∣of, for Military service, without their own free consent.

That an Act be passed for granting and confirming the Charters, Customes, Liberties and Franchises of the City of London, notwithstanding any Nonuser, Misuser, or Abuser.

Page 606

And that during the said ten years the Tower of London may be in the Government of the City of London, and the Chief Officer and Governor from time to time during the said space to be nominated and removable by the Common-Council, as are desired in your Propositions.

His Majesty having thus far expressed His Consent for the present satisfaction and security of His two Houses of Parliament and those that have adhered unto them, tou∣ching your four first Propositions, and other the particulars before specified; as to all the rest of your Propositions delivered to Him at Hampton-Court, (not referring to those Heads) and to that of the Court of Wards since delivered, as also to the remaining Propositions concerning Ireland, His Majesty desires only, when He shall come to West∣minster, Personally to advise with His two Houses, and to deliver His Opinion, and the reasons of it: which being done, He will leave the whole matter of those remain∣ing Propositions to the determination of His two Houses, which shall prevail with Him for his Consent accordingly.

And His Majesty doth (for His own particular) only propose that He may have Liberty to repair forthwith to Westminster, and be restored to a condition of absolute Freedom and Safety, (a thing which He shall never deny to any of His Subjects) and to the possession of His Lands and Revenues; and that an Act of Oblivion and Indemnity may pass to extend to all persons, for all matters relating to the late unhap∣py Differences: Which being agreed by His two Houses of Parliament, His Majesty will be ready to make these His Concessions binding, by giving them the force of Laws by His Royal Assent.

Votes concerning His MAJESTIES Propositions and Concessions.

Die Lunae, Octobr. 2. 1648.

Resolved by the Lords and Commons in Parliament assembled,

THat they are not satisfied in the Propositions made by His Majesty in His Letter. And that a Letter be sent to the Commissioners in the Isle of Wight, to acquaint them that the Houses do well approve of their proceedings, and do give them thanks for their great care and pains in managing of this important and weighty business; requiring them still to proceed, and act punctually according to their Instructions.

[But upon further Debate in the Treaty, some things being yet further cleared, and more fully granted by His Majesty, out of His earnest desire of Peace, they at last came so near to an Agreement, that the Lower House, after long consultation, passed the following Vote:]

Die Martis, 5. Decembr. 1648.

Resolved upon the Question,

That the Answers of the King to the Propositions of both Houses, are a Ground for the House to proceed upon for the Settlement of the Peace of the Kingdom.

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The Chief Heads of the Remonstrance of the Army, presented to the House of Commons, Nov. 20. MDCXLVII.

To the Right Honourable the Commons of England Assembled in Parliament.

The humble Remonstrance of his Excellency the Lord General Fairfax, and his Gene∣ral Council of Officers held at St. Albans, Thursday the 16. of Novemb. 1648.

[The Remonstrance it self being very long, and serving only to introduce their Propositi∣ons in the end, we have thought fit to represent only the Propositions themselves, as they are contracted in their own Abridgment.]

FIrst, That the Capital and grand Author of our Troubles, the Person of the King, by whose procurement, and for whose Interest only of will and power, all our Wars have been, may be brought to Justice for the Treason, Blood, and Mischief he is therein guilty of.

Secondly, That a timely day may be set for the Prince of Wales and the Duke of York to come in, by which time if they do not, that then they may be immediately declared incapable of any Government or Trust in this Kingdom or its Dominions, and thence to stand exil'd for ever as Enemies and Traitors, to dye without mercy if ever after found and taken therein. Or if by the time limited they do render themselves, that then the Prince be proceeded with as on his appearance he shall give satisfaction or not; and the Duke, as he shall give satisfaction, may be considered as to future Trust or not. But however, that the Revenue of the Crown (saving necessary allowances for the Children, and for Servants and Creditors to the Crown) be sequestred, and the costly Pomp suspended for a good number of years; and that this Revenue be for that time disposed toward publick Charges, Debts and Damages, for the easing of the People; so as the Estates neither of Friends to publick Interest, nor alone of inferior Enemies thereto, may bear wholly the burthen of that loss and charge which by and for that Family, the Kingdom hath been put unto.

Thirdly, That Capital punishment be speedily executed upon a competent number of his chief Instruments also, both in former and later Wars; and that some of both sorts be pitcht upon as are really in your hands or reach.

Fourthly, That the rest of the Delinquents English, may upon rendring themselves to Justice have mercy for their Lives; and that only Fines be set upon them, and their persons declared incapable of any publick Trust, or having any voice in Elections thereto, at least for a good number of years: And that a short day may be set, by which all such Delinquents may come in; and for those who come not in by that day, that their Estates be absolutely confiscate and sold to the publick use, and their per∣sons stand exil'd as Traitors, and to die without mercy if ever found after in the King∣dom or its Dominions.

Fifthly, That the satisfaction of Arrears to the Soldiery, with other publick Debts, and competent reparations of publick Damages, may be put into some orderly way: And therefore that the Fines and Compositions of Delinquents be disposed to those uses only, as also the Confiscations of such who shall be excluded from Pardon, or not come in by the day assigned.

Now after publick Justice thus far provided for, we proceed in order to the general satisfaction and settling of the Kingdom.

First, That you would set some reasonable and certain period to your own Power.

Secondly, That with a period to this Parliament, there may be a settlement of the Peace, and future Government of the Kingdom.

First, That there may be a certain succession of future Parliaments, Annual, or Biennial, with secure provision, 1. For the certainty of their sitting, meeting, and end∣ing; 2. For equal Elections; 3. For the Peoples meeting to elect, provided that none en∣gaged in War against the Kingdom may elect or be elected, nor any other who op∣pose this Settlement; 4. For clearing the future power of Parliaments as supreme, only they may not give away any Foundation of Common Right; 5. For liberty of entring

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Dissents in the said Representatives, that the People may know who are not fit for fu∣ture Trusts, but without any further penalty for their free judgements.

Secondly, That no King be hereafter admitted but upon Election of, and as upon Trust from, the People by such their Representatives, not without first disclaiming all pre∣tence to a Negative Voice against the determinations of the Commons in Parliament; and this to be done in some form more clear than heretofore in the Coronation Oath.

These matters of general Settlement we propound to be provided by the Authority of the Commons in this Parliament, and to be further established by a general Contract or Agreement of the People, with their Subscriptions therunto. And that no King be admitted to the Crown, nor other person to any Office of publick Trust, without ex∣press Accord and Subscription to the same.

Four Queries propounded by His MAJESTY, when the Armies Re∣monstrance was read unto him at Newport, concerning the intended Trial of His MAJESTY.

1. WHether this Remonstrance be agreeable to the former Declarations of the Ar∣my? and if not, whether the Parliament would make good their Votes, that after He had consented to what they desired, He should be in a capacity of Honour, Freedom and Safety.

2. Whether His acknowledgement of the Blood that hath been spilt in the late Wars (nothing being as yet absolutely concluded or binding) could be urged so far as to be made use of by way of Evidence against Him or any of His Party?

3. Whether the Arguments that He hath used in a free and Personal Treaty, to lessen or extenuate, and avoid the exactness of any of the Conditions, though in manner and form only, might be charged against Him as an act of Obstinacy, or wilful persistence in what is alledged against Him, in that He goes on in a destructive course of Enmity against the People and the Laws of the Land, when He hath declared, that His Consci∣ence was satisfied concerning divers particulars in the Propositions.

4. Whereas by the Letter of the Law all persons charged to offend against the Law, ought to be tried by their Peers or Equals, what the Law is, if the Person questioned is without a Peer? And if the Law (which of it self is but a dead Letter) seems to con∣demn him, by what power shall Judgement be given, and who shall give it; or from whence shall the administrators of such Judgement derive their power, which may (by the same Law) be deemed the supreme Power or Authority of Magistracy in the King∣dom?

His MAJESTIES Declaration concerning the Treaty, and His dislike of the Armies Proceedings.

Delivered to one of His Servants at His Departure from the Isle of Wight, and com∣manded to be published for the satisfastion of all His Subjects.

WHen large pretences prove but the shadows of weak performance, then the greatest labours produce the smallest effects; and when a period is put to a work of great concernment, all mens ears do (as it were) hunger till they are sa∣tisfied in their expectations. Hath not this distracted Nation groaned a long time under the burthen of tyranny and oppression? And hath not all the blood that hath been spilt these seven years been cast upon My Head, Who am the greatest Sufferer, though the least guilty? And was it not requisite to endeavour the stopping of that flux, which, if not stopt, will bring an absolute Destruction to this Nation? And what more speedy way was there to consummate those Distractions, than by a Personal Treaty, being agreed upon by My two Houses of Parliament, and condescended to by Me? And I might de∣clare, that I conceive it had been the best Physick, had not the operation been hindred by the interposition of this imperious Army, who were so audacious as to style Me in their unparallel'd Remonstrance, their Capital Enemy. But let the world judge whe∣ther Mine endeavours have not been attended with reality in this late Treaty: and whe∣ther

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I was not as ready to grant as they were to ask; and yet all this is not satisfaction to them that pursue their own ambitious ends more than the welfare of a miserable Land. Were not the dying hearts of my poor distressed People much revived with the hopes of a Happiness from this Treaty? and how suddenly are they frustrated in their expectati∣ons! Have not I formerly been condemned for yielding too litte to My two Houses of Parliament; and shall I now be condemned for yielding too much? Have I not formerly been Imprisoned for making War; and shall I now be condemned for making Peace? Have I not formerly ruled like a KING; and shall I now be ruled like a Slave? Have I not formerly enjoyed the society of my dear Wife and Children in peace and quietness; and shall I now neither enjoy them nor Peace? Have not My Subjects formerly obeyed Me; and shall I now be obedient to My Subjects? Have I not been condemned for Evil Counsellors; and shall I now be condemned for having no Counsel but God? These are unutterable Miseries, that the more I endeavour for Peace, the less My endeavours are respected; and how shall I know hereafter what to grant, when your selves know not what to ask? I refer it to your consciences, whether I have not satisfied your desires in every particular since this Treaty; if you find I have not, then let Me bear the burthen of the fault; but if I have given you ample satisfaction (as I am sure I have) then you are bound to vindicate Me from the fury of those whose thoughts are filled with blood: though they pretend zeal, yet they are but Wolves in Sheeps cloathing.

I must further declare, that I conceive there is nothing can more obstruct the long∣hoped-for peace of this Nation, than the illegall proceedings of them that presume from Servants to become Masters, and labour to bring in Democracy, and to abolish Monarchy. Needs must the total alteration of Fundamentals be not only destructlve to others, but in conclusion to themselves; for they that endeavour to rule by the Sword, shall at last fall by it; for Faction is the Mother of Ruine: and it is the humour of those that are of this weather-cock-like disposition, to love nothing but mutabilities, neither will that please them but only pro tempore; for too much variety doth but con∣found the senses, and makes them still hate one folly, and fall in love with another.

Time is the best cure for Faction: for it will at length (like a spreading leprosie) infect the whole body of the Kingdom, and make it so odious, that at last they will hate themselves for love of that, and, like the Fish, for love of the bait be catch'd with the hook.

I once more declare to all My loving Subjects, and God knows whether or no this may be My last, That I have earnestly laboured for Peace, and that My thoughts were sincere and absolute, without any sinister ends; and there was nothing left undone by Me that My Conscience would permit me to do. And I call God to witness, that I do firmly conceive that the interposition of the Army (that cloud of Malice) hath altoge∣ther eclips'd the glory of that Peace which began again to shine in this Land. And let the world judge whether it be expedient for an Army to contradict the Votes of a King∣dom, endeavouring, by pretending for Laws and Liberties, to subvert both. Such acti∣ons as these must produce strange consequences, and set open the flood-gates of Ruin to overflow this Kingdom in a moment. Had this Treaty been only Mine own seeking, then they might have had fairer pretences to have stopt the course of it; but I being impor∣tun'd by My two Houses, and they by most part of the Kingdom, could not but with a great deal of alacrity concurr with them in their desires for the performance of so commodious a work: and I hope by this time that the hearts and eyes of My People are opened so much, that they plainly discover who are the Underminers of this Treaty.

For Mine own part, I here protest before the face of Heaven, that Mine own Afflicti∣ons (though they need no addition) afflict Me not so much as My Peoples Sufferings, for I know what to trust to already, and they know not; God comfort both them and Me, and proportion our Patience to our Sufferings.

And when the Malice of Mine Enemies is spun out to the smallest thred, let them know, that I will, by the grace of God, be as contented to suffer as they are active to advance My Sufferings: and Mine own Soul tells Me, that the time will come when the very clouds shall drop down vengeance upon the heads of those that barricado themselves against the proceedings of of Peace: for if God hath proclaimed a blessing to the Peace-makers, needs must the Peace-breakers draw down curses upon their heads.

I thank My God, I have armed My self against their Fury; and now let the arrows of their Envy fly at Me, I have a breast to receive them, and a heart possest with Patience to sustain them; for God is My Rock and My shield; therefore I will not fear what man can do unto Me. I will expect the worst; and if any thing happen beyond My expectation, I will give God the glory: for vain is the help of man.

THE END.

Notes

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