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.

XXXVIII. From NEWPORT, Sept. 29. MDCXLVIII. Containing His Concessions.

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 Peace, which might put an end to His own sad con∣dition, and the Miseries of His Kingdom: For an entrance whereunto, His Majesty hath already expressed His consent to the First Proposition. But finding you are li∣mited by Instructions which you have no warrant to communicate unto Him, and ha∣ving cause by your Paper of the twentieth 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 sa∣tisfie 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 re∣presented, and from whence their Answers cannot be returned without much waste of the time allotted for the Treaty here; and having lately received another Paper

concerning the Church, containing in it self many particulars of great importance, and referring to divers Ordinances, Articles of Religion, and other things (eleven or twelve in number) of great length, and some of them very new, and never before present∣ed to His Majesty, the due consideration whereof will take up much time, and re∣quire His Majesties presence with His two Houses before a full resolution can well be had in matters of so high consequence: To the end therefore that the good Work now in hand may (by God's blessing) proceed more speedily and effectually to an hap∣py conclusion, and that His two Houses of Parliament may at present have further se∣curity, and an earnest of future satisfaction, His Majesty, upon consideration had of yours, makes these Propositions following.

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 Parliament.

And will by Act of Parliament confirm for three years the Directory for the publick 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 Judgment, 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 Majesties nomination being added unto them) whereby it may be determined by His Majesty 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 agreed: and how also Reformation of Religion may be setled within the Kingdoms of England and Ireland, and the 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 troublesom times divers of His Subjects have made contracts and purchaces, and divers have disbursed great summs of moneys upon security and engagement of those Lands; His Majesty, for their satisfaction, will consent to an Act or Acts of Parliament, whereby legal estates for lives or for years (at their choice,) not exceeding 99 years shall be made of those Lands towards the satisfaction of the said Purchasers, 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 Leases 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 continue to the Church and Church-men respectively, according to the pious inten∣tions of the Donors and Founders thereof: and the rent that shall be reserved to be for their maintenance.

His Majesty will give his Royal assent for the better observation of the Lord's 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 Uni∣versities, and the Colledges 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 edu∣cation of the children of Papists by Protestants in the Protestant Religion.

As also to an Act for the true levying of the penalties against Papists, to be levied and disposed in such manner as both Houses shall agree on, and as is proposed on His Majesties behalf.

As also to an Act to prevent the practices of Papists against the State, and for putting 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 He 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

Distractions 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 set∣led, than shall be agreeable to the legal exercise thereof in times past, or just necessity shall require, His Majesty will consent to an Act of Parliament,

That the Lords and Commons in the Parliament of England now assembled, or hereafter 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 Jersey, and the Town of Barwick upon Tweed, already raised both for Sea and Land service; and shall from time to time during the space of ten 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 afore∣said, as in their judgments they shall from time to time during the said spaceof 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 Monies 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 raised 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 Commons in such sort and by such ways and means as they shall think fit and ap∣point, 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 Barwick upon Tweed, or any of them.

2. To suppress any foreign Forces who shall invade or indeavour to invade the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Gernesey and Jersey, and the Town of Barwick 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, dis∣cipline, imploy, 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 Barwick 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 executi∣on 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 Ju∣stice, 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 required thereto by the said Lords and Commons, or command from them, or any by them especially authorized for that purpose, then such person 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 Com∣mons, any Commission under the Great Seal or other Warrant to the contrary not∣withstanding: and he or they that shall so offend herein to be uncapable of any par∣don 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 imploying 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 War 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 Garrisons, and the keeping up, main∣taining, 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 afore∣said, 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 Tunnage 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 Commons, or such others as they shall authorize 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 Majesty's 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 con∣sent 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 hereafter expressed.

Touching publick Debts, His Majesty will give His consent to such an Act for raising of Monies by general and equal Taxations, for the payment and satisfying the Arrears 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 Chancellour, or Lord Keeper, 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 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 authorize for that purpose.

His Majesty will consent that the Militia of the City of London and Liberties thereof, during the space of ten years, may be in the ordering and Government of the Lord Mayor, Aldermen, and Commons in the Common Council assembled, or such as they shall from time to time appoint (whereof the Lord Mayor and Sheriffs for the time being 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 thereof for Military service, without their own free consent.

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

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 Governour from time to time during the said space to be nominated, and removeable by the Common Council as are desired in your Propositions.

His Majesty having thus far expressed His consent for the present satisfaction and secu∣rity of His two Houses of Parliament, and those that have adhered unto them touching 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 Westminster, 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 remaining 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 posses∣sion 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 unhappy Differences: which be∣ing 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.