A FULL RELATION of the Passages concerning the Late TREATY FOR A PEACE, BEGUN AT VXBRIDGE JANUARY 30. 1644.
Printed by His MAjESTIES Command AT OXFORD, By Leonard Lichfield Printer to the Vniversity. 1645.
A TABLE OR INDEX SHEWING breifly the Method, and Order of this Narrative, and directing to the places, where each subjects Matter therein conteyned, is to be found.
1. ARE set down the Messages and Propositions sent by His Majestie, and brought to Him, which preceded the Treaty, and were inducements to it, beginning Page the first, and ending page the 20.
2. The Passages in the beginning of the Treaty preparatory therevnto wherein,
- 1. Of the severall Commissions, and Passages therevpon, beginning pag. 20. ending pag. 29.
- 2. The Papers Concerning the Manner, and Order of the Treaty, pag. 29. ending pag. 30.
- 3. The Papers concerning a Scandalous Sermon Preached at Vxbridge against the Treaty, the first day of the Treaty, and before it began, pag. 30. ending pag 31
3. The Papers Concerning Religion, during the whole Treaty, Collected together, pag. 32. ending. pag. 50.
4. The Papers Concerning the Militia, during the whole Treaty Collected together, pag. 51. ending pag. 94.
5. The Papers Concerning Ireland, during the whole Treaty, Collected together, pag. 93. ending pag 140,
6. The Papers Concerning His Majesties Propositions, and particularly for a Cessation of Armes, and touching His Majesties [Page] returne to Westminster after disbanding of Armies, and further time for continuing or renewing the Treaty, are Collected together, pag. 140. ending pag. 156.
7. And lastly, an Appendix is added, wherein are contayned such things as are mentioned in the Narrative, or were delivered in writing during the Treaty, and were not Printed before, or being heretofore Printed, are now out of Print, or not easily to be had, the particulars whereof are as followeth.
- 1. His Majesties Message from Evesham of the 4th of July, 1644. pag. 157.
- 2. His Majesties Message from Tavestock of the 8th of September, 1644. pag. 159.
- 3. The Bill for abolishing of Episcopacy &c. pag. 160.
- 4. The Articles of the late Treaty of the date at Edenburgh the 29th of Novemb. 1643. pag. 169
- 5. The Ordinance for calling the Assembly of Divines, pag. 174.
- 6. The Ʋotes and Orders delivered with it, pag. 180. and 181.
- 7. The Articles of the 6th of August 1642. concerning Ireland, pag. 182.
- 8. The Ordinances of the 9th of March, and the 11th of April, touching the Forces in Ireland pag. 188.
- 9. The Letters and advices from the Lords Justices, and Councell of Ireland, pag. 189.
- 10. The Letters and advices from the Lords Justices, and Councell of Ireland, pag. 189.
Herevnto is added His Majesties answers to certain Papers delivered upon the close of the Treaty, one concerning the Militia, and two concerning Ireland, beginning pag. 199.
His MAjESTY having received an Account from His Commissioners, of their proceedings in the late Treaty at Ʋxbridge, to the end that all His people may be fully satisfied, of his earnest and constant endeavours to procure the publique Peace, whereby to put an end to these present miseries, hath commanded this full and plain Narrative, of all the passages concerning that Treaty, to be made and published.
AFter His Majesties Message from Evesham of See these Messages in the Appendix no. 1. & 2. the 4th of Iuly last, desiring and propounding a Treaty for Peace; And His second Message from Tavestoke of the 8th of September last renewing that desire: At length, on the 23 day of November last past, the Earle of Denbigh and others repaired to His Majesty at Oxford, with Propositions in these words following:
WEE Your Majesties Loyall Subjects, assembled in the I. Parliaments of both your Kingdoms, from the sence of that duty we owe unto Your Majesty, and of the deep sufferings, and many miseries, under which your People of all Your Kingdoms lye bleeding in this unnaturall Warre, after long and serious consultation about the best wayes and means of their preservation, and for setling Your Majesties Throne, and Your Subjects in Peace and Security, have, with common consent, Resolved upon these Propositions, which we doe humbly tender unto Your Majesty.
The humble desires and Propositions for a safe and well grounded Peace, agreed upon by the mutuall advice and consent of the Parliaments of both Kingdoms, united by solemne League and Covenant, to be presented to His Majesty.
1. That by Act of Parliament in each Kingdom respectively, all Oathes, Declarations and Proclamations against both or either of the Houses of the Parliament of England, and the late [...]onvention 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; And all Indictments, Outlaries, and Attainders against any for the said Causes, be declared Null, suppressed and forbidden; And that this be publiquely intimated in all Parish-Churches within His Majesties Dominions, and all other places needfull.
2. That His Majesty, according to the laudable example of His Royall Father of happy memory, may be pleased to sweare and signe the late solemne League and Covenant; And that an Act of Parliament be passed in both Kingdoms respectively, for enjoyning the taking thereof, by all the Subjects of the three Kingdoms, and the Ordinances concerning the manner of taking the same in both Kingdoms, be confirmed by Acts of Parliaments respectively, with such penalties as, by mutuall advice of both Kingdoms, shall be agreed upon.
3. That the Bill be passed for the utter abolishing and taking away of all Arch-Bishops, Bishops, their Chancellours and Commissaries, Deanes and Subdeanes, Deanes and Chapters, Archdeacons, [Page 3] Canons and Prebendaries; And all Chanters, Chancellours, Treasurers Subtreasurers, Succentors & Sacrists; and all Vicars Chorall and Choristers, old Vicars and new Vicars of any Cathedrell or Collegiat 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 Treaty, of the Date at Edenborough, 29. of Novemb. 1643. And joynt Declaration of both Kingdomes.
4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.
5. That Reformation of Religion according to the Covenant be setled by Act of Parliament, in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines. And for as much as both Kingdoms are mutually obliged by the same Covenant, to endeavour 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 Divines of both Kingdomes now assembled shall be joyntly agreed upon by both Houses of the Parliament of England, and by the Church and Kingdom of Scotland be confirmed by Acts of Parliament of both Kingdoms respectively.
6 That for the more effectuall disabling Jesuits, Priests, Papists and Popish Recusants from disturbing the State, and deluding the Lawes, and for the better discovering and speedy 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 Hoast, Crucifixes and Images, and all other Popish Superstitions and Errors; and refusing the said Oath being tendred in such manner as shall be appoynted by the said Act, to be sufficient conviction in Law of Recusancie.
7. An Act of Parliament for education of the Children of Papists by Protestants in the Protestant Religion.
8. An Act for the true leavying of the penalties against them, which penalties to be leavyed and disposed in such manner [Page 4] as both Houses shall agree on, wherein to be provided that His Majesty shall have no losse.
9. That an Act be passed in Parliament, whereby the practices of Papists against the State may be prevented, and the Lawes against them duely executed, and a stricter course taken to prevent the saying or hearing of Masse in the Court, or any other part of this Kingdome.
10. The like for the Kingdome of Scotland, concerning the foure last preceeding Propositions, in such manner as the Estates of Parliament there shall thinke fit.
11. That the King doe give His Royall Assent;
To an Act for the due observation af the Lords day;
And to the Bill for the suppression of Innovations in Churches and Chappells, in and about the Worship of God; And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdome;
And in the Bill against the enjoying of Plaralities of Benefices by spirituall Persons and non-Residencie;
And to an Act to be framed and agreed upon by both Houses of Parliament, for the reforming and regulating of both Ʋniversities, of the Colledges of Westminster, Winchester, and Eaton;
And to an Act in like manner to be agreed upon for the suppression of Interludes and Stage-playes, This Act to be perpetuall;
And to an Act for the taking the Accompts of the Kingdom;
And to an Act to be made for reliefe of sick and maymed Souldiers, and of poor Widdowes and children of Souldiers;
And to such Act or Acts for raising of Money [...] for the payment and satisfying of the publique Debts and Damages of the Kingdome, and other publique uses as shall hereafter be agreed on by both Houses of Parliament;
And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries, and all Wardships, Liveries, Primer seisins, and Ouster le maynes, and all other charges incident or arising for, or by reason of Wardship, Livery, Primer seisin,or▪ Ouster le Maine;
And for the taking away of all tenures by homage, and all Fines, [Page 5] Licenses, Seisures, and Pardons for alienation, and all other charges incident thereunto, and for turning of all Tenures by Knights service, either of His Majesty or others, or by Knights service or soccage in Capite of His Majesty into free and common soccag [...]; And that His Majesty will please to accept in recompence hereof one hundred thousand pounds per annum;
And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland called by the Councell and Conservatory of Peace, and the Commissioners for the common Burthens, and assembled the 22 day of Iune, 1643. and severall times continued since in such manner and with such additions, and other Acts as the Estates convened in this present Parliament shall thinke convenient.
12. That an Act be passed in the Parliament of both Kingdomes respectively, for confirmation of the Treaties passed betwixt the two Kingdoms (viz.) the large Treaties, the late Treaty for the comming of the Scots Army into England, and the setling of the Garrison of Berwick of the 29 of November, 1643. And the Treaty concerning Ireland of the 6th of August, 1642. with all other Ordinances and proceedings passed betwixt the two Kingdomes in pursuance of the said Treaties.
13. That an Act of Parliament be passed to make voyd the Cessation of Ireland, and all Treaties with the Rebels, without consent of both Houses of Parliament, and to settle the prosecution of the Warre of Ireland in both Houses of Parliament, to be mannaged by the joynt advice of both Kingdomes; And the King to assist, and to doe no Act to discountenance or molest them therein.
14. That an Act be passed in the Parliament of both Kingdomes respectively, for establishing the joynt Declaration of both Kingdomes bearing date the 30th of Ianuary 1643. in England, and 1644 in Scotland, with the qualifications ensuing.
1. That the Persons who shall expect no Pardon, be onely these following. RUPERT and MAURICE. Count Palatines of the Rhene, Iames Earle of Derby, Iohn Earle of Bristoll, William Earle of Newcastle, Francie Lord Cottington, Iohn Lord Pawlet, George Lord Digby, Edward Lord Littleton, William [...]aud, Arch-bishop of Canterbury, Matthew Wren Bishop of Ely, [Page 6] Sir Robert Heath Knight, Doctor Bramhall Bishop of Derty, Sir Iohn Byron Knight, William Widdrington, Colonell George Goring, Henry [...]ermin Esq. Sir Ralph Hopton, Sir Francis Doddington, M Endymion Porter, Sir George Ratcliffe, Sir Marmacuke Langdale, Sir Iohn Hotham, Captain Iohn Hotham his sonne, Sir Henry Vaughan, Sir Francis Wirdebanke, Sir Richard Greenvile, M r Edward Hyde, Sir Iohn Marley, Sir Nicholas Cole, Sir Thomas Riddell Iunior, Colonell Ware, Sir Iohn Strangwayes, Sir Iohn Culpepper, Sir Richard Floyd, Iohn Bodvile Esq. M. David Ienkins, Sir George Strode, Sir Alexander Carew, Marquisse of Huntley, Earle of Montrosse, Earle of Niddisdaill, Earle of Traquayre, Earle of Carnewath, Viscount of Aubayne, Lord Ogleby, Lord Rae, Lord Harris, Lodwick Lindsey some time Earle of [...]rawford, Patrick Ruthen sometime Earle of Forth, Iames King sometimes Lord Ethyn, [...]uing younger of Drunim, Gordon younger of Gight, Lesley of Auchinto [...]le, Sir Robert Spotswood of Dumipace, Colonell Iohn Cockram, Mr Iohn Maxwell, sometime pretended Bishop of Rosse, M. Walter Balcanquall, and all such others, as being processed by the Estates for Treason, shall be condemned before the Act of Oblivion be passed.
2. All Papists and Popish Recusants, who have been now, are, or shall be actually in Armes, or Voluntarily assisting against the Parliaments or Estates of either Kingdom.
3. All persons who have had any hand in the plotting, designing, or assisting the Rebellion in Ireland.
4. That Humphrey Bennet Esquire, Sir Edward Ford, Sir Iohn Penruddock, Sir George Vaughan, Sir Iohn Weld, Sir Robert Lee, Sir Iohn Pate, Iohn Ackland, Edmund Windham Esquires, Sir Iohn Fitzherbert, Sir Edward Laurence, Sir Ralph Dutton, Henry Lingen Esq. Sir William Russell of Worcestershire, Thomas Lee of Adlington Esq. Sir Iohn Girlington, Sir Paul Neale, Sir William Thorald, Sir Edward Huffey, Sir Tho. Lyddell Senior, Sir Philip Musgrave, Sir Iohn Digby of Nottingh: Sir Hen: Fletcher, Sir Richard Minshall, Laurence Halsteed, Iohn Denham Esquires, Sir Edmond Fortescue, [Page 7] Peter St Hill Esq. Sir Thomas Tildesley, Sir Hen: Griffith, Michaell Wharton Esq. Sir Hen. Spiller, Sir George Benion, Sir Edward Nicholas, Sir Edward Walgrove, Sir Edward Bishop, S • Robert Owsley, Sr Iohn Maney, Lord Cholmely, Sir Thomas Aston, Sir Lewis Dives, Sir Peter Osborne, Samuell Thorneton Esq. Sir Iohn Lucas, Iohn Blomey Esq. Sir Thomas Ched [...]e, Sir Nicholas Kemish, and Hugh LLoyd Esq. And all such of the Scottish Nation, as have concurred in the Votes at Oxford, against the Kingdom of Scotland and their proceedings, or have Sworne or Subscribed 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 Kingdome of Scotland, or the late Invasion made there by the Irish and their Adherents; And that the Members of either House of Parliament, who have not only deserted the Parliament, but have also Ʋoted both Kingdoms Traytors, may be removed from His Majesties Councells, and be restrained from comming within the Ʋerge of the Court, and that they may not without the advice and consent of both Kingdoms, beare any Office, or have any employment concerning the State or Commonwealth. And also that the Members of either House of Parliament, who have deserted the Parliament, and adhered to the Enemies thereof, and not rendred themselves before the last of October 1644may be removed from His Majesties Councells; and be restrained from comming within the Ʋerge of the Court, and that they may not, without the advice and consent of both Houses of Parliament, beare 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 by His Majesty, and their Estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament in Scotland respectively shall think fit.
5. That by Act of [...]arliament, all Judges and Officers towards the Law Common or Civill, who have deserted the Parliament and adhered to the enemies thereof, be made incapable of any place of Iudicature or Office, towards the Law Common or Civill; And that all Serjeants, Councellors and Atturneys, Doctors, [Page 8] Advocates and Proctors of the Law Common or Civill, who have deserted the Parliament and adhered to the Enemies thereof, be made incapable of any practice in the Law common or civill, either in publique or in private. And that they, and likewise all Bishops, Clergy-men, and other Ecclesiasticall persons, who have deserted the Parliament, and adhered to the enemies thereof, shall not be capable of any preferment or imployment, either in Church or Common-wealth, without the advice and consent of both Houses of Parliament.
6. The persons of all others to be free of all personall censure, notwithstanding any Act or thing, done, in, or concerning this Warre, they taking the Covenant.
7. The Estates of those persons, excepted in the first three preceeding qualifications to pay double Debts and Damages.
8. A third part in full value of the Fstates of the persons made incapable of any imployment, as aforesaid, to be imployed for the payment of the publique Debts and Damages, according to the Declaration.
9. And likewise a tenth part of the Estates of all other Delinquents within the joynt Declarations; and in case the Estates and proportions aforementioned, shall not suffice for the payment of the publique engagements, whereunto they are onely to be employed, that then a new proportion may be appoynted by the joynt advice of both Kingdomes, providing, it exceed not the one moyety of the Estates of the persons made incapable, as aforesaid, and that it exceed not a sixt part of the Estate of the other Delinquents.
10. That the persons and Estates of all common Souldiers, and others of the Kingdome of England, who in Lands or Goods be not worth 200l sterling; and the persons and Estates of all common Souldiers, and others of the Kingdome of Scotland, who in Lands or Goods be not worth 100l sterling, be at liberty and discharged.
11. That an Act be passed whereby the Debts of the Kingdome, and the persons of Delinquents, and the value of their Estates may be knowne; and which Act shall appoynt in what manner the confiscations and proportions before mentioned, may be levyed and applyed to the discharge of the said engagements.
15. That by Act of Parliament the Subjects of the Kingdome of England, may be appoynted to be Armed, Trained and Disciplined in such manner as both Houses shall thinke fit, the like for the K [...]ngdome of Scotland, in such manner as the Estates of Parliament there shall thinke fit.
16. That an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea, and for the raising of such Moneys for maintenance of the said Forces, and of the Navy, as both Houses of Parliament shall thinke fit; the like for the Kingdome of Scotland, in such manner as the Estates of Parliament there shall thinke fit.
17. An Act for the setling of all Forces both by Sea and Land, and Commissioners to be nominated by both Houses of Parliament, of persons of knowne integrity, and such as both Kingdomes may confide in, for their faithfulnesse to Religion, and peace of the Kingdomes of the House of Peeres, and of the House of Commons, who shall be removed or altered from time to time as both Houses shall think fit; and when any shall dye, others to be nominated in their places by the said Houses, which Commissioners shall have power,
1. To suppresse any Forces raised without authority of both Houses of Parliament, or in the intervalls of Parliaments, without consent of the said Commissioners, to the disturbance of the publique peace of the Kingdomes, and to suppresse any Forraigne Forces that shall invade this Kingdome, and that it shall be high Treason in any who shall Leavy any Force without such authority or consent, to the disturbance of the publique peace of the Kingdomes, any Commission under the Great Seale, or warrant to the contrary notwithstanding, and they to be incapable of any Pardon, from His Majesty, and their Estates to be disposed of, as both Houses of Parliament shall think fit.
2. To preserve the Peace now to be setled, and to prevent all disturbance of the publique Peace that may arise by occasion of the late troubles: so for the Kingdom of Scotland.
3. To have power to send part of themselves, so as they exceed not a third part, or be not under the number of to reside in the Kingdome of Scotland, to assist and Vote as single [Page 10] persons with the Commissioners of Scotland, in those matters wherein the Kingdome of Scotland is onely concerned: so for the Kingdome of Scotland.
4. That the Commissioners of both Kingdomes may meet as a joynt Committee, as they shall see cause, or send part of themselves as aforesaid, to doe as followeth,
1. To preserve the Peace betwixt the Kingdomes, and the King and every one of them.
2. To prevent the violation of the Articles of Peace, as aforesaid, or any troubles arising in the Kingdoms by breach of the said Articles, and to heare and determine all differences that may occasion the same according to the Treaty, and to do further accordingly as they shall respectively receive Instructions from both Houses of Parliament in England, or the Estates of the Parliament in Scotland, and in the intervalls of Parliaments from the Commissioners for the preservation of the publique Peace.
3. To raise and joyne the Forces of both Kingdomes to resist all Forreigne Invasion, and to suppresse any Forces raised within any of the Kingdomes, to the disturbance of the publique Peace of the Kingdomes, by any authority under the great Seale, or other warrant whatsoever, without consent of both Houses of Parliament in England, and the Estates of the Parliament in Scotland, or the said Commissioners of that Kingdome whereof they are Subjects; and that in those cases of joynt concernment to both Kingdomes, the Commissioners, to be directed to be there all, or such part as aforesaid, to act and direct as joynt Commissioners of both Kingdomes.
4. To order the Warre of Ireland, according to the Ordinance of the 11th of Aprill, and to order the Militia, and conserve the peace of the Kingdome of Ireland.
18. That His Majesty give his assent to what the two Kingdomes shall agree upon, in prosecution of the Articles of the large Treaty which are not yet finished.
19. That by Act of Parliament all Peeres, made since the day that Edward Lord Littleton, then Lord Keeper of the Great Seale, deserted the Parliament, and that the said Great Seale was surreptitiously conveyed away from the Parliament, being the 21 [Page 11] day of May, 1642. And who shall be hereafter made, shall not sit or Vote in the Parliament 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 20th day of May, 1642. being the day that both Houses declared, That the King, seduced by evill Counsell, intended to raise Warre against the Parliament, be declared nul and voyd. The like for the Kingdome of Scotland, those being excepted whose Patents were passed the Great Seale before the 4th of Iune, 1644.
20. That by Act of Parliament the Deputy or chiefe Governour, or other Governours of Ireland, be nominated by both Houses of Parliament, or in the intervalls of Parliament by the Commissioners, to continue during the pleasure of the said Houses, or in the intervalls of Parliament during the pleasure of the aforementioned Commissioners, to be approved or disallowed by both Houses at their next sitting. And that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seale, or Treasury, Lord Warden of the Cinque-Ports, Chancellors of the Exchequer, and Dutchee, Secretaries of State, Judges of both Benches, and of the Exchequer of the Kingdomes of England and Ireland, be nominated by both Houses of Parliament, to continue quàm diu se bene gesserint, and in the intervalls of Parliament by the aforementioned Commissioners to be approved or disallowed by both Houses at their next sitting; The like for the Kingdom of Scotland, adding the Justice Generall, and in such manner as the Estates in Parliament there shall thinke fit.
21. That by Act of Parliament the Education of Your Majesties Children, and the Children of Your Heires and Successors be in the true Protestant Religion, and that their Tutors and Governors be of knowne integrity, and be chosen by the Parliaments of both Kingdomes, or in the intervalls of Parliaments, by the aforenamed Commissioners to be approved or disallowed by both Parliaments at their next sitting. And that if they be Male, they be Married to such onely as are of the true Protestant Religion, if they be Female, they may not be married but with the advice and consent of both Parliaments, or in the intervalls of Parliament by their Commissioners.
22. That your Majesty will give your Royall assent to such wayes and meanes as the Parliaments of both Kingdomes shall think fitting for the uniting of the Protestant Princes, and for the entire restitution and Reestablishment of Charles Lodwick Prince Elector Palatine, His Heires and Successors, to His Electorall Dignity Rights and Dominions; Provided that this extend not to Prince Rupert, or Prince Maurice, or the Children of either of them, who have been the Instruments of so much bloudshed and mischiefe against both Kingdomes.
23. That by Act of Parliament the concluding of Peace or Warre with Forraigne Princes and States, be with advice and consent of both Parliaments, or in the intervalls of Parliaments by their Commissioners.
24. That an Act of Oblivion be passed in the Parliaments of both Kingdomes respectively, relative to the Qualifications in the Propositions aforesaid, concerning the joynt Declaration of both Kingdomes, with the exception of all Murderers, The [...]ves and other Offendors, not having relation to the Warre.
25. That the Members of both houses of Parliament, or others, who have, during this Parliament, been put out of any Place or Office, Pension or benefit, for adhering to the Parliament, may either be restored thereunto, or otherwise have Recompence for the same, upon the humble desire of both Houses of Parliament. The like for the Kingdome of Scotland.
26. That the Armies may be Disbanded at such time and in such manner, as shall be agreed upon by the Parliaments of both Kingdomes, or such as shall be authorised by them to that effect.
27. That an Act be passed for the granting and confirming of the Charters, Customes, Liberties and Franchises of the City of London, notwithstanding any Non-user Mis-user or Abuser. That the Militia of the City of London, may be in the ordering and Government of the Lord Major, Aldermen and Commons in Common-Councell assembled, or such as they shall from time to time appoint, whereof the Lord Major and Sheriffs for the time being to be there. And that the Militia of the Parishes without London, and the Liberties within the weekly Bills of Mortality, may be under Command of the Lord Major, Aldermen, [Page 13] and Commons in Common-Councell of the said City, to be ordered in such manner as shall be agreed on and appoynted by both Houses of Parliament.
That the Tower of London may be in the Government of the City of London, and the Chiefe Officer and Governour thereof from time to time be nominated and removeable by the Common-Councell.
That the Citizens or forces of London, shall not be drawn out of the City, into any other parts of the Kingdome, without their own consent, and that the drawing of their Forces into other parts of the Kingdome in these distracted times, may not be drawn into example for the future.
And for prevention of Inconveniencies, which may happen by the long intermission of Common-Councels; It is desired that there be an Act, that all By-Lawes and Ordinances already made or hereafter to be made by the Lord Major, Aldermen, and Commons in Common-Councell assembled, touching the calling, continuing, directing, and regulating of the same, shall be as effectuall in Law to all intents and purposes, as if the same were particularly enacted by the Authority of Parliament. And that the Lord Major, Aldermen, and Commons in Common-Councell, may adde to, or repeale 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 farther safety, welfare, and Government, and shall be approved of by both Houses of Parliament, may be granted and confirmed by Act of Parliament.
Vnto which Message this Answer of the 27th of December was returned to His Majesty.
WEE Your Majesties humble and Loyall Subjects of both Kingdomes, have considered of Your Maiesties Message III. of the 13. of December 1644. sent by the Duke of Richmond, and the Earle of Southampton, directed to the Lords and Commons assembled in the Parliament of England at Westminster, and to the Commissioners of the Parliament of Scotland now at London. And doe in all humblenesse returne this Answer.
That we doe consent there be a Treaty for a safe and well grounded Peace: But find that it will require some time to resolve concerning the Instructions, and manner of that Treaty; And therefore, that Your Majesty might not be held in suspence touching our readinesse to make use of any opportunity for attayning such a blessed and happy Peace in all Your Majesties Dominions, We would not stay Your Majesties Messengers till we did resolve upon all th [...]se particulars, which we will take into our serious [Page 15] consideration, and present our humble desires to Your Majesty with all convenient speed.
And afterwards upon the 18th of January following, Sir Peter Killigrew brought this farther Answer to His Majesty.
WEE Your Majesties humble and Loyall Subjects, the IV. Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, do make our further answer to Your Majesties Message of the 13th of December last, 1644.
Concerning a Treaty for Peace as followeth.
We do consent that there be a Treaty for a safe and well grounded Peace between your Majesty and your humble and Loyall Subjects, assembled in the Parliaments of both Kingdomes. And for the present have appoynted Algernon Earle of Northumberland, Philip Earle of Pembrook & Mountgomery, William Earle of Salisbury, B [...]sill Earle of Denbigh, Thomas Lord Viscount Wenman, Denzill Hollis, William Pierrepoint, Sir Henry Vane Junior, Oliver St Iohn, Bulstrode Whitlock, Iohn Crew, Edmund Prideaux, for the Lords and Commons assembled in the Parliament of England at Westminster; And Iohn Earle of Lowdon, Lord Chancellor of Scotland, Archibald Marquisse of Argyle, Iohn Lord Maitland, Iohn Lord Balmerino, Sir Archibald Iohnston, Sir Charles Erskin, George Dundas, Sir Iohn Smith, Mr Hugh Kennedy, and Mr Robert Barclay, for the Estates of the Parliament of Scotland, together with Master [Page 16] Alexander Henderson, upon the Propositions concerning Religion, who, or any Ten of them (there being alwayes some of the Parliaments of both Kingdomes) are appointed and authorized to meet at V [...]bridge, on what day Your Majesty shall be pleased to set downe before the last day of this present Ianuary, with such Persons as Your Majesty shall appoint under Your Signe Manuall for that purpose; And the number of the persons to Treat, not to exceed seventeen on either part, unlesse the persons named for the Estates of the Parliament of Scotland now not here, or any of them shall come, and then Your Maiesty may have the like number if you please. There to Treat upon the Matters conteined in the Propositions we lately sent unto Your Majesty; according to such Instructions as shall be given unto them, And the Propositions for Religion, the Militia, and for Ireland, to be first Treated on and agreed, and the time for the Treaty upon the said Propositions for Religion, the Militia, and for Ireland, not to exceed Twenty dayes, and for the things mentioned in Your Message, to be propounded by Your Maiesty, when the Persons sent by Your Maiesty shall communicate the same to the Committees appointed by us as aforesaid, We have directed them to send the same to us, That they may receive our Instructions what to doe therein. And to the end that the Persons, that are to be sent from Your Majesty and from us with their retinue, not exceeding the number of one Hundred and Eight on either part, may repaire to Vxbridge, stay there, and returne at their pleasure without interruption, That mutuall safe Conducts be granted to the said Persons according to the severall Lists of their Names,
Whereunto His Majesty returned an Answer inclosed in a Letter from Prince Rupert to the Earle of Essex, dated the 21 of January; which Letter and Answer were as followeth.
The Letter.
I Am commanded by His Majesty to returne this His answer V. Together with this inclosed in a Letter from Prince Rupert to the Earle of Essex, His Majestie sent a safe Conduct for their Commissioners and their retinue. to the Message, lately sent Him from the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, by Sir Peter Killigrew. I have likewise sent your Lordship His Majesties safe Conduct for the persons desired, and also a List of the names of those His Majesty hath appoynted to Treat, for whom, together with their Retinue, His Majesty hath desired a safe Conduct.
The Answer inclosed.
HIs Majesty having received a Message by Sir Peter Killigrew, from the Lords and Commons assembled in the VI. Parliament of England at Westminster, and the Commissioners o [...] the Parliament of Scotland, concerning a Treaty, returns this answer, That His Majesty doth very willingly consent, that there be a Treaty upon the Matters contained in the Propositions, lately sent unto him in such manner as is proposed, and at the place appoynted in the said Message; and to that purpose, His Majesty will send the Duke of Richmond, the Marquesse of Hertford, the Earle of Southampton, the Earle of Kingston, the Earle of Chichester, the Lord Capell, the Lord Seymour, the Lord Hatton, the Lord Culpeper, Secretary Nicholas, M. Chancellour of the Exchequer, the L. Cheife Baron Lane, Sr Orlando Bridgman, S• Thomas Gardiner, M. John Ashburnham, M. Ieffery Palmer, (together with Dr Steward, Clerk of His Majesties Closet, upon the Propositions concerning Religion,) to meet with the persons, mentioned in the said Message at Vxbridge on wednesday night the 29th of this instant Ianuary, the Treaty to begin the next day: Which persons, or any ten of them, shall be sufficiently authorised by His Majestie to Treat and conclude on His [Page 18] Majesties part. And to the end that the persons aforesaid and their Retinue may repaire to Ʋxbridge, stay there, and returne at their pleasure without interruption, or goe or send, during their abode there, to His Majestie, as often as occasion shall require, His Majesties desires that a safe Conduct may accordingly be sent for the said persons and their Retinue, according to a List of their names herewith sent.
And then also inclosed in a Letter from Prince Rupert to the Earle of Essex, His Majestie sent Propositions to be Treated upon on His Maiesties part, which Letter and Propositions follow.
I am commanded by His Majestie to send these enclosed Propositions VII. Prince Ruperts Letter. to your Lordship, to be presented to the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, to the end that there may be as little losse of time as is possible, but that the same may be treated on assoone as may be thought convenient, after the entry upon the Treaty.
His MAjESTIES Propositions to the Lords and Commons Assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, for a safe and well grounded Peace.
1. THat His Majesties owne Revenue, Magazines, VIII. His Majesties Propositions. Townes, Forts and Ships, which have been taken or kept from Him by force, be forthwith restored unto Him.
2. That whatsoever hath been done or published, contrary to the knowne Lawes of the Land, or derogatory to His Majesties Legall and knowne Power and Rights, be renounced and recalled; That no seed may remaine for the like to spring out of for the future.
3. That whatsoever illegall Power hath been claimed or [Page 19] exercised by, or over His Subjects, as imprisoning or putting to death their Persons without Law, stopping their Habeas Corpusses, and imposing upon their Estates without Act of Parliament, &c. either by both, or either House, or any Committee of both or either, or by any persons appointed by any of them, be disclaimed, and all such persons so committed forthwith discharged.
4. That as His Majesty hath alwayes professed His readinesse to that purpose, so He will most cheerfully consent to any good Acts to be made for the suppression of Popery, and for the firmer setling of the Protestant Religion established by Law; As also that a good Bill may be framed for the better preserving of the Book of Common-Prayer from scorne and violence; And that another Bill may be framed for the ease of tender Consciences, in such particulars as shall be agreed upon. For all which His Majesty conceives the best expedient to be, that a Nationall Synod be legally called with all convenient speed.
5. That all such persons, as upon the Treaty shall be excepted, and agreed upon on either side out of the Generall Pardon, shall be tryed Per Pares, according to the usuall course and knowne Law of the Land, and that it be left to that, either to acquit, or condemne them.
6. And to the intent this Treaty may not suffer interruption by any intervening Accidents, That a Cessation of Armes, and free Trade for all His Majesties Subjects may be agreed upon with all possible speed.
Given at the Court at Oxford, the 21th day of Jan. 1644.
The Earle of Essex upon receipt hereof returned to Prince Rupert, together with a safe Conduct, this Letter of the 25. of Ianuary.
I Am commanded by both Houses of the Parliament of England, and desired by the Commissioners of the Kingdome of IX. Scotland, to desire your Highnesse to let His Majesty know, That they doe agree, that their Committees doe begin the Treaty a [...] [Page 20] Vxbridge on Thursday the 30th of this January, with the Persons appointed by His Majesty on the matters contained in the Propositions lately sent unto His Majesty, in such manner as was proposed. And their Committees shall have Instructions concerning the Propositions sent from His Majesty in your Highnesse Letter. And you will herewith receive a safe Conduct from the Lords and Commons assembled in the Parliament of England, for the Persons that are appointed by His Majesty to come to Vxbridge, to Treat on the Propositions for a safe and well grounded Peace, with their Retinue in a List hereunto annexed. Sir I am
Thursday the 30th of Ianuary, all the Commissioners named by His Maiestie, and Commissioners named by the two Houses of Parliament in England, and the Estates of the Parliament in Scotland, did meet at Ʋxbridge, where their Commissions were mutually delivered in, and read, and are as followeth.
His MAjESTIES Commission.
WHEREAS after severall Messages sent by us to the X. Lords and Commons of Parliament assembled at Westminster, expressing Our desires of Peace, certaine Propositions were sent from them, and brought unto Vs at Oxford, in November last, by the Earle of Denbigh and others, and upon Our Answers, Messages, and Propositions to them, and their returns to Vs, it is now agreed, That there shall be a Treaty for a safe and well grounded Peace, to begin at Vxbridge on Thursday the 30th of this instant Ianuary, as by by the said Propositions, Answers, Messages, and Returnes in writing may more fully appeare. We do therefore hereby appoynt, assigne, and constitute, James Duke of Richmond and Lenox, William Marquisie of H [...]rtford, Thomas Earle of Southampton, Henry Earle of Kingston, Francis Earle of Chichester, Francis Lord Seymour, Arthur Lord Capell, Christopher Lord Hatton, John Lord Culpeper, [Page 21] Sir Edward Nicholas Knight, one of Our principall Secretaries of State, Sir Edward Hide Knight, Chancellour and Vnder-Treasurer of Our Exchequor, Sir Richard Lane, chiefe Baron of Our said Exchequor, Sir Thomas Gardiner, Sir Orlando Bridgeman, M Iohn Ashburnham, and M. Ieffrey Palmer, (together with Doctor Richard Steward, upon these Propositions concerning Religion) to be Our Commissioners touching the premisses. And do hereby give unto them, and to any ten or more of them, full power and authority to meet, and on Our part to Treat with Algernoun Earle of Northumberland, Philip Earle of Pembroke and Montgomery, William Earle of Salisbury, Basill Earle of Denbigh, Thomas Lord Viscount Wenman, Denzill Hollis, William Pieirepoynt Esquires, Sir Henry Vane the yonger, Knight, Oliver S. Iohn, Bulstrode Whitlock, Iohn Crew, and Edmund Prideaux Esquires for the Lords and Commons assembled in the Parliament of England at Westminster; and Iohn Earle of Lowdon, Lord Chancellour of Scotland, Archibald Marquesse of Argile, Iohn Lord Maytland, Iohn Lord Balmerino, Sir Archibald Iohnston, Sir Charles Erskin, George Dunda [...]. Sir Iohn Smith, M. Hugh Kennedy, and M. Robert Barclay, for the Estates of the Parliament of Scotland, (together with M. Alexander Henderson, upon the Propositions concerning Religion) or with any ten or more of them, upon and touching the matters contained in the said Propositions, Answers, and Messages, or any other, according to the manner and agreement therein specified, or otherwise, as they or any ten, or more of them, shall think fit, and to take all the premisses into their serious considerations, and to compose, conclude, and end all differences arising thereupon, or otherwise, as they, or any tenne or more of them in their wisdomes shall think fit; And upon the whole matter to conclude a safe and well grounded Peace, if they can; And whatsoever they, or any ten or more of them, shall do in the premisses, We doe by these presents ratifie and confirme the same. Given at Our Court at Oxford, the Eight and Twentieth day of Ianuary, in the Twentieth yeare of Our Raigne. 1644.
Their Commission to the English Commissioners.
Die Martis. 28. Ianuary. 1644.
BEE it Ordained by the Lords and Commons assembled in XI. Parliament; That Algernoun Earle of Northumberland, Philip Earle of Pembroke and Montgomery, William Earle of Salisbury, Bazill Earle of Denbigh, Thomas Lord Ʋiscount Wenman, Denzill Hollis, William Pierrepont, Sir Henry Vane Junior, Oliver St. Iohn, Bulstrode Whitlock, Iohn Crew, and Edmund Prideaux, shall have power and authority, and are hereby authorized to joyne with the Commissioners of the Parliament of Scotland, together with Alexander Henderson upon the Propositions concerning Religion only, To Treat with the Lord Duke of Richmond, Marquisse of Hertford, the Earle of Southampton, the Earle of Kingston, the Lord Dunsmore, Lord Capell, Lord Seymour, Sir Christopher Hatton, Sir Iohn Culpeper, Sir Edward Nicholas, Sir Edward Hide, Sir Richard Lane, Sir Orlando Bridgeman, Sir Thomas Gardiner, M. Iohn Ashbornham. M. Ieffery Palmer, or any tenne of them, upon the Propositions formerly sent to His Maiesty (for a safe and well grounded Peace) from His Maiesties humble and Loyall Subiects assembl [...]d in the Parliaments of both Kingdomes, together with Dr Steward, upon the Propositions, concerning Religion only, and upon his Maiesties Propositions according to such Instructions as have been given to them, or as they from time to time shall receive from both Houses of Parliament.
Their Commission to the Scots Commissioners.
AT Edinburgh the saxteint day of Iulij. The ȝeir of God XII. M. Vjc fourtye four ȝeires. The Estaistes of Parliament presentlie conveined be vertew of the last act of the last Tarliament, haldin by His Majesty and thrie Estaites in Anno. 1641. Considdering that this Kingdome efter all uther meanes of supplicationnes, Remonstrances, and sending of Commissionaris to His [Page 23] Majesty, have bein used without success, Did enter into a solemne league & Covenant, with the Kingdom & Parliamēt of England, for Reformationne & defence of Religionne, the honor & happines of the King, the peace & safety of the thrie Kingdoms, of Scotland, England, & Ireland. And ane Treattie aggried upon, & ane Armie and Forces raised, and sent out of yis Kingdom for these endis. Quhairupone the Conventionne of Estaistes of this Kingdome, the nynt of Iannuary last, being desirous to use all good and lawfull meanes, that Treuth and Peace might be established in all His Majesties Dominions, with such a blessed Pacificationne betwixt His Maiesty and His Subiectis, as might serve most for His Maiesties trew honor, and the safety and happines of His people; Granted Commissione to Iohn Erle of Lowdounne heigh Chancellor of Scotland, Iohne Lord Mait and than and ȝit in England, Sir Archibald Iohnestounne of Wariestounne, ane of the Lordis of Sessionne, and Maister Robert Barclay now in England, to repaire to England, with power to thame, or any twa of yame, to endeavoure the effectuating of ye foirsaides endis, conforme to the Commmissione and instructiones than giving to thame, as the Commissione of the dait foirsaid proportis. Lyke as the saides Iohne Lord of Maitland, Sir Archibald Iohnestounne, and Maister Robert Barclay have evir since attendit in England, in the discharge of the foirsaid Commissione. Qunhill lately that Sir Archibald Iohnestounne returned with some Propositiones, prepaired by the Committie of both Kingdomes, to be presented to the Estaites of Scotland, and to both howss of the Parliament of England, and by thame to be revised, and considderit, and than by mutuall advyse of both Kingdomes to be presented for ane safe and weill grounded peace. Qwhilkies Propositiones ar revised, and considderit, and advysed be the Estaites of Parliament now conveined, and their sense and resultis drawin up yrupone. Whiche Commissione is to endure while the comming of the Commissionars underwrittin. And heirewith also considderin, That the endis for the whilk the samen was granted, ar not ȝit effectuate; and that the Propositiones with ye Estaites thair resultis yrupone ar to be returned to ye Parliament of England. Thairfore the Estaites of Parliament be thir presentis gives full powar and [Page 24] Commissione to the said Iohne Erle of Lowdonne, Lord heigh Chancellor of yis Kingdome, Archibald Marqueis of Argyle, and Iohne Lord Balmerino for the Nobility, Sr Archibald Iohnestounne of Wariestonne, Sir Charles Erskyne of Cambuuskenneth, and Maister George Dundas of Maner, for the Barrones, Sr Iohne Smyth of Grott [...]ll Proveist of Edenburgh, Hew Kennedy Burges of Air, and Master Robert Barclay for the Burrowes (the thrie Estates of yis Kingdom) and to Iohne Lord Maitland supernumerarie in this Commissione, or to any thrie or mae of the haill number, thair being ane of ilk Estate as Commissionaris from the Estaites of Parliament of this Kinkdome, to repaire to the Kinkdome of England, (sick of them as ar not thair already) and with powar to thame or any thrie or mae of the whole number, thair being ane of ilk Estaite, to endeavour the effectuating of ye foirsaides endis, the concluding of the Propositions with the Estaites thaire results thairupon, And all suche uyr matteris conceruing the good of bothe Kingdomes, as ar or all be from time to time committed unto thame be the Estaites of yis Kingdome or Committies thairof, according to the instructiones givin, or to be givin, to the Commissionaris abovenameit, or their quuorums. And for this effect, The Estaites Ordeanes, Iohne Erle of Lowdonne Chancellor, Iohne Lord Balmerino, Sir Archibald Iohnstounne of Wariestounne, Sir Charles Erskyne of Cambuskenneth, and Hew Kennedy, repaire with all dilligence to the Kingdome of England, to the effect before rehearsit conforme to this Commissione and instructiones. As also the Estaites Ordeanes ye saides ArchibaldMarqueis of Argyle, M. George Dundas of Maner, and Sir Iohne Smyth Proveist of Edenburgh to repaire to ye Kingdome of England, with all sick conventencie as the occasione of ye businesse shall require, or as they sall be commandit, ather be the Committie from the Parliament heir, they being in Scotland, or be the Committie with the Army, they being in England. And Ordeanes thame to joyne with the remanent Commissionaris to the affect above mentionat, conforme to the Commission [...] and instructiones givin, or to be givin to the Commissionais or thair quuorums thair anent be the Estaites of this Kingdome or Committies yrof, And the Estaites of Parliament, be thir presents [Page 25] haldis and sall halde firme and stable all and what summ evir thinges the Commissionaris abovenameit, or any thrie or mae of thame sall doe, conforme to this Commisionne, and to the instructionnes given, or to be given to thame. Extractit furthe of the butkes of Parliament, be me Sir Alexander Gibsone of Dun [...]ie, Knyt, Clerk of His Majesties Registers and Rollis, under my sign [...] and subscriptionne Mannuall.
After the Commissions read, their Commissioners delivered to His Majesties Commissioners this paper.
Accordingly the Treaty did proceed upon those subject [...] three daies a piece, (Alternis vicibus,) beginning with that of Religion upon Friday the last of Ianuary, and so continuing Saturday the first, and Monday the third of February, which was after resumed, Tuesday the 11, Wednesday the 12, and Thursday the 13, of February, and again the two last daies of the 20. And the like course was held touching the Militia and Ireland.
But because the passages concerning each subject severally will be more clearly understood, being collected and disposed together under their severall heads, therefore all those which concerne Religion, the Militia, and Ireland, are put together; And in like manner the passages preparatory to the Treaty; concerning the Commissions, the manner of the Treaty, and a seditious Sermon made the first day appoynted for the Treaty; And such as hapned in the Treaty touching His Majesties Propositions; The demands of farther time to Treat, and other emergent passages which have no Relation to those of Religion, [Page 26] the Militia and Ireland, are in like manner digested under their severall heads, with their particular dates.
And first those which concerne the Commissions.
Friday the last of Ianuary, His Majesties Commissioners delivered unto Their Commissioners this paper;
Ʋlt. Ianuary.
WEE having perused the power granted to your Lordships, XIV. in the Paper delivered by the Earle of Northumberland, and finding the same to relate to instructions, we desire to see those instructions, that thereby we may know what power is granted to you; and we ask this the rather, because by All their Commissioners were not then come to Vxbridge. the Powers we have seen, we doe not find that your Lordships, in the absence of any one of your number, have power to Treat.
Their Answer.
31. Ianuary.
BY Our Instructions we, or any tenne of us, whereof some of either XV. House of the Parliament of England, and some of the Commissioners of the Kingdome of Scotland, to be present, have power to Treat with your Lordships.
Their farther Answer.
Ʋlt. Ianuary.
VVHereas your Lordships have expressed unto us a desire XVI. of seeing our Instructions, to know what Power is granted us; and this the rather because you say you find not by what you have seen, that in the absence of any one of our number, we have power to Treat. To this we returne in Answer, that since the Paper already delivered in by us, declaring that by our Instructions any tenne of us, whereof some of either House of the Parliament of England, and some of the Commissioners of the Kingdom of Scotland to be present, had power to Treat with your Lordships, hath not given you satisfaction in the particular of the Quorum. We shall send unto the two Houses of Parliament, to have the Quorum inserted in the Commission, and doe expect the returne of it so amended, within two or three daies, when we shall present it unto your Lordships. But as for your desire in generall to see our Instructions, it is that for which we have no Warrant [Page 27] nor is it, as we conceive, at all necessary, or proper for us so to doe, for that the Propositions upon which we now Treat, have been already presented from the Parliaments of both Kingdoms unto His Majesty, and whatsoever is propounded by us in order unto them, is sufficiently warranted by what both Parliaments have done in the passing and sending of those Propositions, and by the Commissions authorising us to Treat upon them, already shewn unto your Lordships, so as there can be no need to shew any other power.
Accordingly on Saturday the first of February, they did deliver their Commission for the English Commissioners renewed as followeth.
Die Sabbatis primo Febr.
BE it Ordained by the Lords and Commons assembled in Parliament, that Algernon Earle of Northumberland, Philip XVII. Earle of Pembrook and Montgomery, William Earle of Salisbury, Bazil Earle of Denbigh, Thomas Lord Viscount Wenman, Denzill Hollis, William Pierrepont, Sir Henry Vane junior, Oliver St Iohn, Bulstrode Whitlock, Iohn Crew, and Edmund Prideaux▪ shall have power and authority, and are hereby authorized to joyne with the Commissioners of the Parliament of Scotland, together with Alexander Henderson, upon the Propositions concerning Religion only, or any tenne of them, Whereof some of either House of the Parliament of England, and some of the Commissioners of the Parliament of Scotland, are to be present, To treat with the Lord Duke of Richmond, the Marquisse of Hertford, the Earle of Southampton, the Earle of Kingston, the Lord Dunsmore, Lord Capell, Lord Seymour, Sir Christopher Hatton, Sir Iohn Culpeper, Sir Edward Nicholas, Sir Edward Hyde, Sir Richard Lane, Sir Orlando Bridgeman, Sir Thomas Gardiner, Mr Iohn Ashburnham, and Mr Ieffery Palmer, or any tenne of them, upon the Propositions formerly sent to His Majesty, (for a safe and well grounded Peace,) from His Majesties humble and Loyall Subjects assembled in the Parliaments of both Kingdoms, Together with Doctor Stuard upon the [Page 28] Propositions concerning Religion only; And upon His Majesties Propositions, according to such Instructions as have been given to them, or as they from time to time shall receive from both Houses of Parliament.
The same last of Ianuary, their Commissioners delivered to His Majesties Commissioners this paper.
Ianuary, 31.
HAving considered your Commission and Power from His Majesty, given in last night by your Lordships, we find that XVIII. you are authorized to treat only upon certain Propositions sent to His Majesty from the Lords and Commons of Parliament assembled at Westminster, and upon His Majesties Answers, Messages and Propositions to them, and their returnes to his Majesty; Wherein we observe, that the Propositions sent to His Maiesty, from His Maiesties Loyall Subiects assembled in the Parliaments of both His Kingdoms, are mentioned to be sent to His Maiestie from the Lords and Commons of Parliament assembled at Westminster, and upon His Maiesties Answers, Messages and Propositions to them, and their Returnes to His Maiesty, that a Treaty is to begin. And wherein We also observe you have no Power thereby to Treat upon the Propositions sent to His Maiesty from His humble and Loyall Subiects Assembled in the Parliaments of both Kingdoms, and the Answers, Messages, and Propositions sent from His Maiesty to the Lords and Commons Assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, then at London, and their returnes to His Maiestie. We desire those defects may be cleared and speedily amended.
The King's Commissioners Answer,
31. January.
WE conceive Our Power, being to Treat upon the Propositions XIX. brought by the Earle of Denbigh and others▪ and those Propositions being sent from the Parliaments of both Kingdomes, there need no mention of the Parliaments of both [Page 29] Kingdomes in that place; but that Our power is ample to Treat with your Lordships upon the whole, both by expresse words, and by other generall words in the Commission, which give power to Treat upon those Propositions, or any other; which generall words are not observed by your Lordships in your paper; And Our power is to Treat with the Lords and others authorized for the Estates of the Parliament of Scotland by name: yet since you insist upon it, it shall be altered by Tuesday next. And in the meane time (if your Lordships please) We desire The Papers intended, are the Propositions concerned Religion, which were not then delivered. the papers promised yesterday, in the paper delivered by the Earle of Northumberland, may be delivered unto Vs, that there may be as little losse of time as may be.
Their Reply,
31. Ian.
IN answer to your Lordships Paper, concerning your Power to XX. Treat, we are content to proceed in the Treaty with your Lordships, in expectation that the Defects mentioned by us in our Paper, shall be supplyed by Tuesday next.
On Munday the third of February, the Kings Commissioners did deliver their Commission renewed, as followeth.
WHereas certaine Propositions were sent unto us from XXI. the Lords and Commons Assembled in the Parliament of England at Westminster, and from the Commissioners of the Parliament of Scotland, which were brought unto Vs at Oxford in November last, by the Earle of Denbigh and others, and upon Our Answers, &c. as followeth verbatim, in His Majesties former Commission.
Touching the manner of the Treaty.
The KING's Commissioners Paper.
31. January.
WE desire, to the end there may be a greater Freedom XXII. in debate (which We conceive will much conduce [Page 30] to the happy conclusion of this Treaty) that nothing may be understood to be concluded on either side, but what is delivered in Writing, according as your Lordships have begun. And we declare, That what shall be delivered in writing upon any Proposition, or upon any part of a Proposition, is not to be binding or prejudiciall to either Party, if the Treaty break off upon any other Proposition, or part of any other Proposition.
Their Answer.
31. Ianuary.
WEE shall deliver our Demands and Answers in Writing, XXIII. and desire your Lordships to doe the like.
The King's Commissioners Reply, 1. Feb.
WEE desire a full Answer of our Paper, that nothing XXIV. shall be taken as agreed upon, but what is put in writing, and your Concurrence in declaring that what shall be delivered in writing upon any Proposition, or upon any part of a Proposition, shall not be binding or prejudiciall to either Party, if the Treaty breake off.
Their further Answer.
1. February.
ACcording to our former Paper, we shall deliver our demands XXV. and answers in writing, and we desire your Lordships to doe the like, and nothing shall be taken as agreed upon, but what is put in writing. And we shall acquaint the Houses of Parliament, that you have declared what shall be delivered in Writing upon any Proposition, or upon any part of a Proposition, is not to be binding or prejudiciall to either Party, if the Treaty break off.
3. February.
IN answer to your Lordships Paper formerly delivered, we doe XXVI. declare, that what shall be delivered in Writing upon any Proposition, or upon any part of a Proposition, is not to be binding or prejudiciall to either Party, if the Treaty breake off upon any other Propositions, or part of any Proposition.
Touching the Seditious Sermon.
The KING's Commissioners Paper,
31. Ianuary.
WEE have certaine Information from divers Persons XXVII. It was on Thursday, being Market day, and the first day of the Meeting. present in Ʋxbridge Church yesterday, that there was then a Sermon Preached by one Mr Love, in which were many passages very Scandalous to His Majesties Person, and derogat [...]ry to His Honour, stirring up the people against this Treaty, and incensing them against Vs, telling them, That we come with hearts full of Bloud, and that there is as great distance between this Treaty and Peace, as between Heaven and Hell, or words to that effect; with divers other Seditious passages, both against His Majesty and this Treaty. We know His Majesties hearty desire of a happy and well grounded Peace, such as may be for Gods Honour, and the good of all His Subjects, as well as himselfe; And we that are entrusted by His Commission, come with cleare Intentions to serve Him in it, according to our Consciences, and the best of our Iudgements. And this being Preached in your Quarters, where we are now under safe Conduct, We desire your Lordships to consider, how much this may reflect upon our Safety, how much it may prejudice and blast the blessed hopes of this Treaty, and how just offence and distrust it may beget in His Majesty: And therefore We desire Iustice against the Man, that he may have exemplary punishment.
Their Answer.
31. January.
TO the Paper delivered in by your Lordships this day, concerning the Information received of severall Scandalous XXVIII. passages Preached in a Sermon in Vxbridge Church, by one Mr Love, We doe returne this Answer, That the said Mr Love, is none of our Retinue, nor came hither by any privity of ours; That we conceive it most reasonable, and agreeable to the businesse we are [...]ow upon, that all just occasions of offence on either part be avoyded; And as it hath been our desire, so it shall be our endeavour, to take the best care we can, to prevent all prejudices upon the present [Page 32] Treaty which may blast the blessed hopes thereof, or may beget any iust offence and distrust in His Majestie, and shall be as tender of the safety of your Lordships persons, according to the safe Conduct, as of our owne. We shall represent your Lordships Paper concerning this businesse (if your Lordships so desire) unto the Lords and Commons assembled in the Parliament of England, who will proceed therein, according to Justice.
The King's Commissioners Reply,
1. February.
VVE insist upon our former desire concerning the Sermon XXIX. Preached by M. Love, and must referre the way of doing Iustice to your Lordships; and if your Lordships are not satisfied that such Words as we have charged him with were spoken by him, we are ready to produce our proofe thereof to your Lordships.
Their further Answer,
1. February.
VVE will represent both your Lordships papers concerning XXX. M. Love unto the Lords and Commons assembled in the Parliament of England at Westminster, who will proceed therein according to Justice.
In the next place according to the Order before mentioned, do follow the passages and Papers concerning, RELIGION.
Their Paper,
31. Jan.
ACcording to the The Paper intended, is that before of 30. Ian. no. 13. paper delivered by us to your Lordships XXXI. yesternight, we do now offer these Propositions following which concerne Religion.
That the Bill be passed for Abolishing and taking away of all Arch-Bishops, Bishops, &c. according to the third Proposition.
That the Ordinances, concerning the Calling and sitting of the The Propositions here intended, are those before mentioned on thei [...] part, sent by the E. of Denbigh, and others to Oxford. And the Bill for abolishing Episcopacy, is in the Appendix. no. 3. Assembly of Divines, be confirmed by Act of Parliament.
That the Directory for Publique Worship, already passed both houses of the Parliament of England; And the Propositions concerning Church Governement, hereunto annexed and passed both Houses, be enacted as a part of Reformation of Religion, and uniformity, according to the fifth Proposition.
That His Majesty take the Solemne League and Covenant, and that the Covenant be enjoyned to be taken according to the second Proposition.
To this was annexed the following Paper of the 31. January.
That the Ordinary way of dividing Christians into distinct Congregations, and most expedient for edification, is by the respective bounds of their dwellings.
That the Minister, and other Church-officers in each particular Congregation, shall joyne in the Government of the Church, in such manner as shall be established by Parliament.
That many particular Congregations shall be under one Presbyteriall Government.
That the Church be Governed by Congregationall, Classicall, and Synodicall Assemblies, in such manner as shall be established by Parliament.
That Synodicall Assemblies, shall consist both of Provinciall and Nationall Assemblies.
The King's Commissioners Paper,
1. February.
HAving considered your Lordships Paper, containing the XXXII. Propositions concerning Religion, with the paper annexed, and finding the same to contain absolute Alterations in the Government both of the Ecclesiasticall and Civile State; We desire to know, whether your Lordships have Power to Treat and debate upon the said Propositions, and upon debate to recede from, or consent to any alterations in the said Propositions, if we shall make it appeare to be reasonable so to do, or [Page 34] whether your Lordships are bound up, by your Instructions, to insist upon the Propositions without any alteration.
Their Answer,
1. Feb.
OƲr Paper given in to your Lordships, concerning Religion, XXXIII. doth contain no alterations, but such as are usuall in a time of Reformation, and by the Wisdome of the Parliaments of both Kingdoms are judged necessary at this time, for setling Religion and Peace. And as by our Commissions and Papers, formerly sh [...]wed your Lordships, we have made known our Power to Treat upon them; so are we ready, by debate▪ to shew how reasonable they are; And that there will be no reason to expect that we should alter or recede from them. But as for your demand of our shewing what farther power we have by our Instructions, It is, that we have no warrant to doe, as we have already signified to your Lordships by a former Paper.
The KING's Commissioners Paper.
1. Feb.
YOur Lordships first Proposition in the Paper concerning XXXIV. Religion, referring to the third Proposition sent to His Majesty, we find that referres to the Articles of the late Treaty of the da [...]e at Edinburgh, 29. Nov. 1643. and to the joynt Declaration of both Kingdoms. We desire your Lordships we may see those Articles and Declarations, and your Lordships second Proposition in that paper, referring to the Ordinances concerning the calling and s [...]tti [...]g of the Assembly of Divines; We desire to see those Ordinances.
Their Answer.
1. Feb.
ACcording to your Lordships desire in the Meaning the next present Paper. third Paper, We XXXV. now deliver in the Articles of the late Treaty of the date at Edinburgh 29 of November 1643. and the This joynt D [...]claration is already printed. But the Articles being not Printed are in the Appendix no 4. joynt Declaration of both Kingdoms; And we shall speedily deliver to your Lordships the Ordinances, concerning the calling and sitting of the Assembly of Divines.
The KING's Commissioners Paper.
1. Feb.
VVEE desire to know whether the Propositions, which XXXVI. we have received from your Lordships touching Religion, be all we are to expect from you upon that Subject.
Their Answer.
1. Feb.
THere are other things touching Religion to be propounded XXXVII. by us unto your Lordships, upon the Propositions formerly sent unto His Maiesty from the Parliaments of both Kingdoms; which we shall in due time give in unto your Lordships: But we doe first desire your Answer to the Paper touching Religion, given in yesterday, that some good progresse may be made therein before the three daies, assigned to treat upon Religion in the first place, doe expire.
The KING's Commissioners Paper.
1. Feb.
VVEE desired to know whether the Propositions XXXVIII. we formerly received from your Lordships concerning Religion, were all that would be offered concerning that Subject, because we thought it very necessary (since so great alterations are proposed by you) to have a full view of the whole alterations that are desired, since in an Argument of the greatest weight and highest importance, we cannot possibly give a present Iudgement of any part, till we have a prospect of the whole: But since your Lordships doe not yet think it time to let us have a sight of the rest, but first desire our Answer to the See before No 31. paper delivered yesterday, which contains many particulars, of which we never heard before, We shall apply our selves to understand the things proposed by you, in such manner as we may returne your Lordships a speedy answere. And to that purpose must desire your Lordships information in some particulars, which are comprized in your Lordships paper. And when your Lordships consider that the The Directo [...]y which was delivered in is of great length, & the Covenant delivered with it, both now Printed and obvious, are therefore forborne to be inserted here or in the Appendix. Directory for Worship (being so long) was delivered to us but yesterday; [Page 36] That the Covenant, the Articles of the Treaty of Edinburgh, the Declaration of both Kingdomes (which [...]re comprehended within the first Proposition) were delivered to us but this day; and therefore we could returne no Answer concerning the Bill for abolishing Arch-Bishops, and Bishops, (which is proposed to be passed) according to the third Proposition, in which the said Articles and Declarations are comprehended; and that the Ordinances for the Sitting of the Assembly are not yet delivered unto us. We are confident your Lordships will not think us negligent in making as good a progresse in the Treaty upon Religion, as is in our Power, which we shall indeavour to advance with all diligence, and the best of our understanding.
Afterwards, the same first of February, the See them in the Appendix no 5, & 6. Ordinances for the Assembly of Divines were delivered in.
After some debate touching the nature of the Church Government, intended by the Paper annexed to the first Paper upon the subject of Religion, which are here before set downe. The Kings Commissioners delivered in this following Paper.
1. Feb.
THe information we desire from your Lordships for the XXXIX. present, is, Whether, by the words in the first of those Propositions in your Lordships paper annexed [the respective bounds of their dwellings] you intend the severall bounds of their dwelling houses, or the bounds of Parishes; or whether you intend an alteration of the bounds of Parishes?
In the second Proposition, what other Church-Officers your Lordships intend shall joyne with the Ministers in the Government of the Church; and what jurisdiction they shall exercise in Order to that Government, and from whom they shall derive it, and in what degree be subordinate to the power from whom they derive it; And what you intend by Presbyteriall Government, in your third Proposition.
In the fourth Proposition, what your Lordships intend by [Page 37] Congregationall, Classicall, and Synodicall Assemblies.
How Synodicall Assemblies, [...]rovinciall and Nationall, shall be constituted as to persons and causes; and what shall be the bounds and limits of their Iurisdiction; and from whom the severall Iurisdictions, above mentioned, shall be derived.
To these particulars we would be glad (i [...] your Lordships think it fit) to receive satisfaction by debate, where Questions may be asked and replyes made, before any answer be returned in writing, which may aske much time, and be lesse satisfactory, but we referre the way to your Lordships.
Their Answer.
1. Feb.
VVEE cannot but be sensible of the great losse of time, occasioned XL. by your Lordships Questions for information in your last Paper, and shall have small hopes of good successe in this Treaty, having these two daies made so little progresse, unlesse your Lordships be pleased to give us full answers to our demands concerning Religion; Yet to give all satisfaction, with as little expence of time as may be, we are ready by present conference to cleer the Questions in your Paper.
The King's Commissioners Reply in two severall Papers, next following.
2. Feb.
VVEE conceive there was no cause your Lordships XLI. should apprehend any losse of time occasioned by our Questions, for that your Propositions concerning Religion were not delivered to us till Friday last; And the Directory, then delivered with them, so long, that the reading of it spent the residue of that day; and diverse other Papers to which the Propositions referred, & without which we could not consider them, were not deliverd us before yesterday, and some of them not till after the Paper which imputes a delay to us; and your Lordships, having propounded only generall heads of a Presbyteriall government, without any particular Modell of it, which in severall Reformed Churches (as we are informed) is various [Page 38] both in names and Powers, it was necessary to understand the particular expressions in your paper, the alteration desired being so great, and being proposed to be enacted, which will require His Majesties consent, whom we ought to satisfy having so great a trust reposed in us. And we desire your Lordships to consider, how impossible it hath been for us to give your Lordships, in lesse then two daies, a full answer (which in your last Paper you require) to what you propose, which is in effect to consent to the utter abolishing of that Government, Discipline, and publique Forme of the Worship of God, which hath been practized and established by Law here, ever since the Reformation; And which we well understand, and the Alteration of which, in the manner proposed, takes away many things in the Civill Government, and provides no remedy for the inconveniences which may happen thereby; And to consent to the Alienation of the Lands of the Church, by which (for ought appears) besides infinite other considerations, so many Persons may be put to begge their bread, to oblige His Majesty and all His Subjects to the taking a new Oath or Covenant, and to receive and consent to a new Government: we do not, nor without information cannot understand. And which (in truth) appears to us, by your Lordships Propositions, not to be yet agreed upon in the particulars. And your Lordships having declared to us, that you have other things to propose to us concerning Religion, which you doe not yet think it fit time to acquaint us withall: Notwithstanding all which difficulties, we shall proceed with all possible expedition, and desire your Lordships will not object delayes to us, till we give you just occasion.
February. 2.
THat we may make a right use of the Information your XLII. Lordships were pleased yesterday to afford us in Debate upon the Questions proposed by us concerning the Propositions in your Lordships paper annexed, for the future Governement of the Church, and so have some understanding of that Governement, intended by your Lordships, in place of that you [Page 39] propose to be abolished, we desire to receive your Lordships answer in writing, whether these short Collections upon the Debate yesterday, be the Summe of your Lordships Resolutions or Informations upon the Questions formerly proposed by us.
We conceive that the Information given to us in debate by your Lordships to the Questions wee proposed to you in writing was,
- 1 That the Congregationall Assemblies consist of the Ministers and Ruling Elders.
- 2 That the Classicall Assemblies consist of many Congregationall Assemblies.
- 3 That the Provinciall Assemblies are constituted of the severall Classicall Assemblies.
- 4 That all these Congregationall, Classicall and Provinciall Assemblies, together, constitute a Nationall Assembly.
- 5 That the Authority and Iurisdiction of the severall Assemblies shall be setled by Parliament.
And if your Lordships have any thing else to informe us concerning this Government, We desire to receive the same from your Lordships.
The King's Commissioners paper
3o. February.
WE are ready by present Conference to enter upon consideration XLIII. of your Lordships first Proposition concerning Religion, and shall desire to receive or give satisfaction, whereby We may be of one mind in that Argument. And for the better entering into this debate, we desire to know whether in respect of Alteration mentioned in the third Proposition, to be made in the Bill for abolishing Episcopacy, you would have this individuall Bill passe or not?
Their Answer,
3o. Feb.
WE desire the Bill for the utter abolishing of Episcopacy, XLIV. which now remaines with His Maiesty may be passed without [Page 40] prejudice to us, to insist upon the The Alterations intended here, and in the third Proposition, are according to the Articles of the Treaty at Edenborough, (which see in the Appendix, no. 4.) and the joynt Declaration of both Kingdomes, which are; That whereas by the Bill the Bishops Lands are mentioned to be given to the King, and other Church Lands for other uses, by those Articles and Declarations they may be taken away, and imployed to payment and recompence of the Scots, and for paying the publique Debts, and repairing of particular losses. Alterations mentioned in the third Proposition; and we are ready to give your Lordships a present conference upon the first Proposition, concerning Religion, according to your desire.
After a Conference, wherein much time was spent in debate, concerning that individuall Bill which was presented for abolishing Episcopacy, their Commissioners delivered this paper;
3o. Feb.
WE desire your Lordships answer to our demands upon the XLV. Propositions for Religion, and in the first place to the Bill for abolishing of Episcopacy, which hath been so much debated, that upon the expiring of the first three dayes, appointed to Treat concerning Religion, we may be able to returne such an account to the Parliaments of both Kingdoms, as may give them hopes of a happy progresse in this Treaty.
The King's Commissioners Answer.
3o. Feb.
WE conceive we have offered so weighty doubts and considerations XLVI. to your Lordships, in this dayes debate concerning severall parts in the Bill for abolishing of Episcopacy, (your Lordships having confined and limited our debate to that individuall Bill, as it is now penn'd, not to the consideration of abolishing Episcopacy in Generall) that your Lordships cannot expect a positiue answer from us now (being after eleven a clock at night) touching that Bill; But we shall be ready by the next day assigned for the Treaty upon this Argument, to deliuer our opinions to your Lordships; the which we shall be then the better able to doe, when we have found by the progresse in our other debates, how farre a blessed and a happy [Page 41] Peace is like to be advanced, by our endeavouring to give your Lordships satisfaction in this particular.
This being the last of the three first dayes assigned for the Treaty upon Religion, that subject was again taken up the 11. of Feb. being the first of the second three dayes appointed for Religion.
And their Commissioners delivered this paper,
11th. Feb.
HAving received no satisfaction in the first three dayes appointed XLVII. to Treat upon the Propositions for Religion, we do now desire your Lordships cleare and full answer to our former demand on this subject, that no farther time may be lost in a matter which doth so much concerne the Glory of God, the honour of the King, and the peace and happinesse of His Kingdomes.
The King's Commissioners Answer,
11o Feb.
VVE gave your Lordships as much satisfaction in the first XLVIII. three dayes appointed to Treat upon the Propositions for Religion, as in so short a time, and upon so little information from your Lordships, could reasonably be expected, in a matter of so great & high importance: & as we have given your Lordships already That was by conference. many reasons concerning the Injustice and Inconveniency which would follow upon passing the Bill for abolishing Episcopacy, according to your first Proposition; so we are now ready, by conference, to satisfie your Lordships, why we conceive, that the said Bill is not for the Glory of God, or the honour of the King, and consequently cannot be for the Peace and happinesse of His Kingdoms; and if your Lordships reasons shall convince us in those particulars, we shall willingly consent to what you desire: if otherwise, we shall offer to your Lordships our Consent to such other Alterations, as we conceive may better contribute to the Reformation intended, and such as may stand with the Glory of God, and, in truth [...]e for the honour of the King, and the Peace and happinesse of His Kingdoms.
Their Reply,
11. Feb.
We have received no satisfaction from your Lordships, concerning XLIX. the Propositions delivered in by us for Religion, in the name of the Parliaments of both Kingdomes, nor have you made appeare unto us, any injustice or inconveniency in the passing of the Bill for abolishing of Episcopacy. And as it cannot be denyed, but the setling of Religion, is a matter which doth highly concerne the glory of God the honour of the King, and the Teace and happinesse of his Kingdomes; So doe we desire your Lordships will grant those demands which have been made unto you by us to that end; And we are ready by present Conference, to receive what your Lordships will offer upon any of those Propositions, and to returne that which may give your Lordships just satisfaction.
The King's Commissioners Answer,
11. February.
YOur Lordships having expressed in your Paper of the first of L. February, that there are other things touching Religion, to be propounded by your Lordships to us, We presume that by this time you may be enabled by your Instructions to propose the same; And therefore we desire to receive them from your Lordships, which we hope your Lordship [...] will think very reasonable, when you consider how incongruous a thing it will appeare to most men, to consent to reall and substantiall alterations in the matter of Religion, without having a view of the whole Alterations intended, when at the same time there is mention of other Alterations.
Their Answer thereunto,
11. February.
VVE shall deliver in, very speedily, that which remaines with LI. us touching Religion, to be propounded unto your Lordships: But we doe desire, (as before) your Lordships Answers unto our Demands, in the same order that we have proposed them, not conceiving it reasonable there should be any time spent in debates, or Answers upon what we shall hereafter offer, till we have received [Page 43] satisfaction in our former Propositions, which we desire may be speedily done, least otherwise the Treaty be retarded, and the Expectation of both Kingdomes altogether frustrated.
Notwithstanding this, they delivered in this further Answer,
11. February.
IN answer to your Lordships Paper this day delivered to us, LII. See no. 59. we desire, that His Majesty doe give His Royall Assent to an Act of Parliament for the due observation of the Lords Day, and to the Bill for suppressing of Innovations in Churches and Chappells, in and about the Worship of God, &c. And for the better advancement of the Preaching of Gods Holy Word in all parts of this Kingdome; And to the Bill against enjoying of Plurali [...]ies of Benefices by Spirituall persons, and non-Residency. And we shall in due time give into your Lordships our Demands concerning Papists, conteined in the sixth, seventh, eight, ninth, and tenth Propositions; And for His Majesties Assenting to an Act to be framed and agreed upon in both Houses of Parliament, for the regulating and reforming of both Ʋniversities, of the Colledges of Westminster, Winchester, and Eton; and for the Education and Marriage of His Majesties Children, and the Children of His Heires and Successors in the true Protestant Religion, as is in the 21th Proposition.
Some part of the 11th, and the most part of the 12th of February, was spent in Argument by Divines touching Episcopacy, and the Presbyteriall Government. Afterwards their Commissioners gave in this Paper.
12. February.
THere having now been severall dayes spent in debate upon LIII. the Propositions for Religion; and all objections alleadged to the contrary, either from Conscience, Law or Reason, being fully Answered; and the time allotted for that so important a part of the Treaty almost elapsed, we should be wanting to the Trust reposed in us, if we should not presse and expect (as we now doe) a cleare and positive Answer to those Demands concerning Religion, which [Page 44] we have offered unto your Lordships from the Parliaments of both Kingdomes, as most necessary for the setling of a safe and wel [...] ground [...]d Peace, in all His Majesties Dominions.
The King's Commissioners Answer,
12. February.
VVE deny, that the objections alleadged by us against the LIV. passing the Bill for abolishing Episcopacy, from Conscience, Law, or Reason, have been fully Answered by your Lordships; Or that, indeed, we have received any sati [...]faction from your Lordships in these particulars. We have received no Information from your Lordships to satisfy us, That Episcopacy is, or hath been, an impediment to a perfect Reformation, to the These words are in the preamble of the Bill, presented by them, for abolishing Episcopacy. growth of Religion; or that it is prejudiciall to the Civill State, which we have often desired from your Lordships, without effect, and which are the Grounds upon which your Lordships propose the abolishing Episcopacy, and we shall be very willing, and are desirous to receive your Lordships reasons in these particulars. And how short soever the time alotted is for the Treaty (for which we cannot be answerable being not bound up in point of time by His Majesty as your Lordships say you are by your Instructions; And we should be glad, that the same might be enlarged proportionably to the importance of the things to be Treated on) we should be wanting to the great Trust reposed in us, if we should consent to those Demands, as they are proposed to us by your Lordships, otherwise then as they are agreeable to our Consciences and understandings; And such an Answer your Lordships shall receive from us, to your Demands concerning Religion, upon which we hope a safe and well grounded Peace, by the blessing of God, may be established.
Their Paper,
13. Feb.
WE did assure our selves. That after so many dayes debate LV. concerning Religion, and our removall of what ever objections have been offered by your Lordships, and our making it [Page 45] appeare how great a hinderance Episcopall Government is, and hath been, to a perfect Reformation to the growth of Religion, and prejudiciall to the Civill State; That your Lordships would have been ready to have answered our expectation with the Grant of our Demands; but if still your Lordships remaine unsatisfied, we conceive it cannot with any Justice, be imputed unto us, and therefore we againe desire your Lordships full and cleare Answer to what we have delivered unto you concerning Religion.
Vpon this last Paper, and after the severall debates between the Commissioners, and Arguments by the Divines, and consid [...]ation had of all that had been delivered concerning Religion, His Majesties Commissioners gave in these foure Papers following.
13. Feb.
WE are not yet satisfied, that the Bill insisted on by your LVI. Lordships, which remaines in His Majesties hands for the utter abolishing of Arch-Bishops, Bishops, Deanes and Chapters, &c. ought to be enacted, believing it not to be agreeable to Conscience and Iustice, to alienate the Lands, therein mentioned, to Lay-uses; and not understanding that the alienation thereof is necessary at all to the Reformation of Religion: Besides that there is no certaine provision made for any of those who are now legally vested in those possessions, whereby they and their Families shall be in evident danger of want of bread: and it appearing by your Lordships Propositions, which relate See before in the margin to the Paper, no. 44. to the Articles of the late Treaty, of the date at Edinburgh 29. of Novemb. 1643, and the joynt Declaration of both Kingdoms, to which you require our Assent, as well as to the Bill, that part of the Church-land may be, after the passing this Bill, assign'd to other uses then is exprest in the said Bill. Vpon these considerations, and upon your debate which hath passed between us upon this Bill, whereby it hath appeared, that there would be so great an Alteration in the Civill State, by this Bill being enacted, in the failer of Iustice at the Common-Law, and otherwise in many severall particulars, of great importance to the Subjects of this Kingdom, which for ought appeares to us, is not [Page 46] yet provided for. And that by a particular See that Clause in the Bill in the Appendix, no. 3. at this marke †. Clause in the Bill, His Majestie ancient and undoubted power of the Ecclesiasticall Iurisdiction is wholy taken away. Besides, it may be very considerable what inconveniences would ensue by the passing this Bill now, which looks back, and is to begin from November was twelve month, whereby all those Acts of Iurisdiction, exercised by Bishops since that time, are already voyde, which would produce great inconveniences and mischiefes touching the probates of Wills, and Administrations throughout the Kingdome; not to speak of the doubts which may arise in many consciencious men, who have been ordained by Bishops since that time; which may seem to be likewise declared voyde by this Bill: and so at least to discountenance all Acts which have insued by vertue of that Ordination; and thereby many Questions may arise in Law concerning Marriages, Legitimations and Descents of Inheritance, and for many other reasons exprest in our Conference and Debate, We conceive that your Lordships may be satisfied, that this individuall Bill ought not to passe.
For the matter then of the said Bill, The extirpation of Episcopacy, we desire your Lordships to consider, That it is evident, and we conceive consented to on all parts, that it hath continued even from the Apostles times by continuall Succession in the Church of Christ, till within these few yeares, without intermission, or interruption; and then how perilous a thing it must be, and prejudiciall to the publique peace, to remove and destroy a forme of Government, so long exercised in this Kingdom [...] [...]nd under which we have enjoyed as great a measure of happinesse (to say no more) as any Nation in Christendome, and which your Lordships have not pretended to be unlawfull, before wee particularly see the Modell of that Governement and Iurisdiction which is to be established in the place thereof; That thereby we may be assured that it be such, to which as well those who like, as all those who dislike the present Governement, will submit: Otherwise Peace, which is the maine end and pretence for Alterations, cannot be established: and therefore we very earnestly beseech your Lordships to consider and weigh, whether without shaking Foundations, [Page 47] it be not much better, and more agreeable to Christian Prudence and Charity, to remove those particulars from [...]he present Government, and make such alterations therein, as may most probably give satisfaction to all persons seriously disturbed or afflicted in their Consciences; Then by destroying the whole, to give just Offence and Scandall to very many pious and Religious Persons.
Vnder these Considerations, and for the Vniting and reconciling all Differences between Vs in the matter of Religion, and procuring a blessed Peace, We are willing,
That Freedome be left to all Persons, of what Opinions soever, in matters of Ceremony, and that all the penalties of the Lawes and Customes, which injoyne those Ceremonies, be suspended.
That the Bishop shall exercise no Act of Iurisdiction or Ordination, without the consent and counsell of the Presbyters, who shall be chosen by the Clergy of each Diocesse, out of the learnedest and gravest Ministers of that Diocesse.
That the Bishop keep his constant residence in his Diocesse, except when he shall be required by His Majesty to attend Him on any occasion, and that (if he be not hindred by the infirmities of old Age, or sicknesse) he Preach every Sunday in some Church within his Diocesse.
That the Ordination of Ministers shall be alwayes in a publique and solemne manner, and very strict Rules observed concerning the sufficiency, and other Qualifications of those men, who shall be received into Holy Orders; and the Bishop shall not receive any into Holy Orders, without the approbation and consent of the Presbyters, or the Major part of them.
That competent maintenance and provision be established by Act of Parliament to such Vicarages as belong to Bishops, Deanes, and Chapters, out of the Impropriations, and according to the value of those Impropriations, of the severall Parishes.
That for the time to come, no man shall be capable of two Parsonages or Vicarages, with Cure of Soules.
That towards the setling of the publique Peace, one hundred [Page 48] Thousand pounds, shall be raised by Act of Parliament out of the Estates of Bishops, Deanes, and Chapters, in such manner as shall be thought fit by the King and two Houses of Parliament, without the Alienation of any of the said Lands.
That the Iuris [...]iction in Causes Testamentary, Decimall, Matrimoniall, be setled in such manner, as shall seem most convenient by the King and two Houses of Parliament.
And likewise that one, or more Acts of Parliament be passed for regulating of Visitations, and against immoderate Fees in Ecclesiasticall Courts, and the a [...]uses by frivolous Excommunications, and all other abuses in the Exercise of Ecclesiasticall Iurisdiction, in such manner as shall be agreed upon by His Majesty and both Houses of Parliament.
And if your Lordships shall insist upon any other thing, which your Lordships shall think necessary for Reformation, We shall very willingly apply our selves to the consideration thereof.
13. February.
FOr the confirmation of the Ordinances concerning the LVII. calling and sitting of the Assembly of Divines, and the taking the Covenant, We conceive neither of them need be insisted on, if the alterations of Church-Government be agreed upon between Vs: And if it be not, it will not be reasonable that We consent to those Ordinances. And for the Covenant, We cannot advise His Majesty to Sweare and signe the same, nor consent that an Act of Parliament should passe for enjoyning the taking thereof by His Majesties Subjects.
13. February.
WEE doe not yet conceive, that the Directory for LVIII. publicke Worship, delivered to Vs by your Lordships, ought to be enacted, Or that it is so likely to procure and preserve the Peace of this Kingdome, as the Liturgy or Common Prayer-Book already established by Law, against which we have not yet received from your Lordships any objections; which Liturgy (as the same was compiled by many learned [Page 49] and Reverend Divines, of whom some dyed Martyrs for the Protestant Religion) We conceive to be an Excellent Forme for the Worship of God, and hath been generally so held throughout this Kingdome, till within these two, or three yeares at the most; And therefore since there are no inconveniences pretended to arise from the Book of Common-Prayer, to which we conceive the Directory is not more liable, and since there is nothing commendable in the Directory, which is not already in the Book of Common-Prayer, we conceive it much better and more conducing to the Peace of this Kingdome, still to observe the said Forme, with such Dispensations as we have expressed in our first Paper now presented to your Lordships; and if there shall be any Alterations proposed by your Lordships, of such particulars in the Book of Common-Prayer, as good men are scrupled at, we shall willingly endeavour to give your Lordships satisfaction in those particulars, But as yet can make no further, or other Answer, then we have already done; But shall be ready to receive such Objections as your Lordships shall think fit to make against the Book of Common-Prayer, and your Reasons for introducing the Directory. And for the Proposition concerning Church-Government, annexed to your first Paper; We have no Information how that Government shall be constituted in particular, or what Iurisdiction shall be established, or by whom it shall be granted, or upon whom it shall depend. And therein also we desire further Information from your Lordships.
13. February.
WEE desire to see the Bills for the observation of LIX. the Lords day, for suppressing of Innovation in Churches and Chappells, and for the better advancement of the Preaching of Gods Holy Word, which are mentioned in your Lordships No. 52. Paper of the 11 of Feb. we being very ready to consent to the Subject Matter of those Bills. We have expressed in our Paper delivered to your Lordships, what we conceive fit to be done in the businesse of Pluralities, which will prevent any inconveniences that way: And when your [Page 50] Lordships shall give us your Demands concerning Papists, and when we shall see the Acts for the regulating and reforming of both Vniversities, of the Colledges of Westminster, Winchester and Eton, and for the Education and Marriage of His Majesties Children, and the Children of His Heyres and Successors, in the true Protestant Religion, We shall give your Lordships such Answers as shall be fit, being very willing to concurre with your Lordships in any good meanes, for the suppressing of Popery, and advancement of the Protestant Religion. And we are well assured, that His Majesty hath taken a pious care, for the Education of all his Children in the true Protestant Religion; and having already marryed one of His Children, to the satisfaction (we conceive) of all his good Subjects, we are confident, in due time, His Majesty will so dispose of the rest in Marriage, as shall be most for the advancement of Religion, and the good and wellfare of all His Dominions.
Their Answer to the First.
13. February.
WHereas we expected your Lordships resolution, for His LX. Majesties assent unto the Bill for the utter abolishing of Arch-bishops, Bishops, &c. We find, by your Paper given in this Evening, that your Lordships are not yet satisfied that the Bill should passe, and you are pleased to expresse severall Reasons and Objections against it, which were at large answered and cleared at the Publique debate. But what was then said by us, is now by your Lordships wholly omitted; nor may we in writing represent it againe unto your Lordships, it not being agreeable to the usage of Parliaments, to deliver reasons for, or against a Bill, though we were willing, by conference in the Treaty, to satisfy all doubts, and remove all scruples which remayned with you. And so farre were we from consenting that Episcopacy hath continued from the Apostlestimes, by continuall Succession, that the contrary was made evident unto your Lordships, and the unlawfulnesse of it fully proved. And as for that which your Lordships have propounded, for uniting and reconciling all differences in the matter of Religion, it is a new Proposition, which wholly [Page 51] differs from ours, is no way satisfactory to our desires, nor consisting with that Reformation, to which both Kingdoms are obliged by their solemne Covenant, therefore we can give no other answer to it, but must insist, to desire your Lordships, that the Bill may be past, and our other demands concerning Religion granted.
The King's Commissioners Reply thereunto.
13. February.
VVEE conceive that our Answer to your Lordships, concerning the Bill for the utter abolishing of LXI. Arch-bishops, Bishops &c. was so reasonable, that it cleerly appears thereby, that the passing that individuall Bill, is not agreeable to Conscience and Iustice, and that it would be very prejudiciall to the Civill State, and to the Peace of the Kingdome; neither have the reasons and objections given by us against it, first in debate, and since in writing, been answered in debate by your Lordships. And therefore we know no reason why your Lordships may not give an Answer to those objections in writing. For as it is not agreeable to the usage of Parliaments, for the two Houses to give His Majesty reasons why He should passe any Bill presented by them; so it is no more agreeable to the same usage, for His Majesty to give reasons why he doth not passe Bills so presented. But we desire your Lordships to consider, that we are now in a Treaty, and we conceive the proper businesse thereof, to be, for your Lordships to give us Reasons, why His Majesty should consent to the Propositions made by you, or for us to give Reasons to your Lordships, why we cannot consent to those Propositions; otherwise it would be only a Demand on your Lordships part, and no Argument of Treaty between us. And we must professe to your Lordships, that (as we conceived in our former paper) the Succession of Episcopacy, by Succession from the Apostles time, was consented to on all parts, so we cannot remember, that the contrary thereof, was so much as alleadged, much lesse that the unlawfulnesse thereof was proved, the Question of the lawfulnesse thereof having never yet come in debate. And we shall be very ready to receive any assertion [Page 52] from your Lordships to that purpose, not doubting but we shall give your Lordships full satisfaction in that poynt. And we conceive the Alterations proposed to us by your Lordships, to be a very proper Answer to your Lordships Propositions, and most agreeable to the end, for which those Propositions seem to be made. And that since it appears, that the utter abolishing of Episcopacy in the manner proposed, is visibly inconvenient, and may be mischievous, the Regulating of Episcopacy, being most consonant to the Primitive Institution, will produce all these good effects towards Peace and unity; which Regulated Episcopacy, is the summe of our former paper, we desire your Lordships to consent to the same, And we againe offer to your Lordships, that if you shall insist upon any other things necessary for Reformation, we will apply our selves to the consideration thereof.
Their Answer to the Second.
13. Feb.
WEE conceive your Lordships second Paper, this day delivered LXII. to us, is a deniall of our demands, that the Ordinance for the Calling and Sitting of the Assembly of Divines, be confirmed by Act of Parliament; And that His Majesty take the Solemne League and Covenant, and the Covenant be injoyned to be taken, according to the second Proposition. Wherein if we misconceive your Lordships intention, we desire you would explaine the meanings, and accordingly shall make our reports to the Parliaments of both Kingdoms.
The King's Commissioners Reply.
13. February.
COncerning the Ordinances for the Calling and Sitting of LXIII. the Assembly of Divines, and the taking the Covenant, we can give no farther Answer then we have done in our second Paper, delivered to your Lordships this day.
Their Answer to the Third.
13. Febr.
VVEE doe conceive your Lordships third paper is a Deniall LXIV. of our Demands, concerning the Directorie for publique worship, and the Proposition for Church-Government, against which your Lordships have made no objection, and your Queres are already satisfied by Conference. And we shall accordingly make our reports to the Parliaments of both Kingdoms.
The King's Commissioners Reply.
13. Feb.
OVr expressions in our Answer to your Lordships demands, LXV. concerning the Directory for publique worship, import onely what we, as yet, conceive concerning that matter, there having hitherto been no debate touching the same, or concerning the Common-Prayer Book, now Established by Law, and thereby intended to be abolished. And therefore we did in that Paper, and doe still desire to receive your Lordships None were made. objections against the Book of Common-Prayer, and your reasons for introducing the Directory. Neither can our Answer to the Propositions for Church-Government, annexed to your first Paper, be otherwise taken, then as our desire to receive information, how that Government should be constituted in particular, and what Iurisdiction should be established, by whom granted, and upon whom it should depend; which Quere's were not satisfied by any conference, your Lordships (as we conceive) having declared your selves, that the particular forme or modell of that Government, mentioned in those Propositions onely in generall, were not then particularly agreed on; And we have since desired and expect to receive it, and therefore your Lordships cannot conceive, we have denyed that which we have not yet seen, nor been informed of.
Their Answer to the Fourth.
13. Febr.
TO your Lordships Fourth Paper, we Answer, The Bill LXVI. for suppressing of Innovations in Churches and Chappells, [Page 54] in and about the Worship of God, &c. And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdom, and against the enjoying of Pluralities of Benefices by Spirituall persons, and Non-residencie, were heretofore presented to His Majesty, and remaine with him; And we herewith deliver to your Lordships, the Ordinance for the due observation of the Lords day, and we insist on our former demands concerning them. And when your Lordships have given us your full Answers to our desires already with you concerning Religion, we then shall deliver unto your Lordships our demands concerning Papists, the regulating the Ʋniversities, the Education, and Marriage of His Majesties Children, in the true Protestant Religion, contained in our Paper of the 11.of this instant Februarie.
The King's Commissioners Reply.
13. Feb.
VVE have not the Bills here, which we desired of your LXVII. Lordships, in our fourth Paper, to see, and which you now say were heretofore presented to His Majestie. But we shall take speedy care to have those Bills, if they remaine with His Majestie, and in the meane time desire your Lordships to give us Copies of them, and we shall give your Lordships a speedy answer, as we shall to the Ordinance for the due observarion of the Lords Day, which we received from your Lordships this night, and had never before seene; and we shall be ready to receive your Lordships None at all were delivered in. demands concerning Papists, the regulating the Ʋniversities, the Education and Marriage of His Majesties Children, and shall returne our answers accordingly.
This last Paper concluded the six dayes, appointed for the Treaty upon Religion, according to the Order prescribed for disposing the first 18. dayes of the 20 for the Treaty. In the end of which 18. daies, after some See these Papers after no. 170. 192, & 193. papers mutually delivered concerning the manner bow the two last daies should be disposed, this Subject of Religion, with the two others, were againe resumed, and their Papers following, were then delivered in concerning Religion.
Their Paper.
21. Feb.
VVHere as your Lordships, in your The Paper intended, is the King's Commissioners Reply, to their first Answer, 13. Feb no. 61. last Paper of Feb. 13. LXVIII. were pleased to say, that (as you conceived) the continuall succession of Episcopacy from the Apostles times, was consented to on all parts, and that you cannot remember that the contrary thereof was so much as alleadged, much lesse that the unlawfulnes thereof was proved, the Question of the unlawfulnes thereof having never yet come into debate; We desire your Lordships to remember, that when a Divine in Commission with you undertook to prove the Ius Divinum of Episcopacy, his Arguments were not only Answered by another Divine in Commission with us, but that 4 or 5 severall Arguments were then brought by him out of the Scriptures, to prove the unlawfulnes of it; and afterwards in an extrajudiciall debate between severall Divines on both sides, by consent of the Commissioners, those Arguments were further made good by the Divines on our side, and the pretended continuall succession of Episcopall Government from the Apostles times was (as we conceive) at the same time sufficiently disproved; So that we cannot but wonder that your Lordships should forget that the unlawfulnes of it was debated. And whereas in your Lordships See the Paper, 20. Feb. after No. 196. being delivered upon another occasion. last Paper of Feb. 20. you were pleased to say, that if it might be made appeare, that the Government by Bishops is unlawfull, or that the Government, which we desire to introduce in the roome thereof, is the only Government that is agreeable to the word of God, your Lordships would immediately give us full satisfaction in our Proposition. We desire your Lordships to remember besides, what hath bin proved in debate concerning the unlawfulnes of Episcopall Government, and not withstanding the generall experience, that the government by Arch-Bishops, Bishops, &c. hath bin a hinderance to Reformation, and growth of Religion, & prejudiciall to the Civill State; & the manifest evidence of the thing it self, that so much of the Government desired by us, as hath bin presented to your Lordships, is agreeable to the word of God, how we have severall times offered our selves to give your Lordships satisfaction by Conference, if any objections remained with your Lordships to the contrary, which we are still [Page 56] ready to do, and desire your Lordships full Answer to that, and the rest of our Propositions concerning Religion.
The King's Commissioners Answer.
21. Feb.
WE did conceive that the continuall Succession of Episcopacy LXIX. from the Apostles times, had bin so clearly manifested to your Lordships, by our Conference on the 12. of this instant, that your Lordships had bin fully satisfied therein; the which since you are not, we would gladly be informed, when, and where any Nationall Church, since the Apostles times, was without that Government; and since your Lordships are of opinion that the unlawfulnes of Episcopacy was made good by those Arguments, which were given by the Divines on your part, which in truth we did not understand to be made to that purpose when they were first urged, and being now againe remembred, in our Iudgments do not in any degree prove the same, we being very ready to consent to the abolishing thereof if the same can be proved; and your Lordships assuming that you have proved it, and so that you can again prove it, we desire your Lordships by Conference, or in writing, to satisfie us in that point; which we hope being in your power (as you say) to doe, and being a sure way to put an end to this debate by our yeelding, your Lordships will not refuse to do it; But if neither that, nor the other Proposition, that the Government intended to be introduced by your Lordships, is the only Government, that is agreeable to the word of God can be evinced; We hope your Lordships will rest satisfied with the reasons we have given your Lordships in writing, why we cannot consent to your Propositions concerning Religion, as they are made and insisted on by your Lordships, and that we have offered your Lordships a remedy against all the inconveniencies that have bin ever pretended in the Government, as is now established by Law, and which ought not upon lesse reasons then we have mentioned to be taken away.
Their Reply,
21. Feb.
VVE do not conceive that the continuall Succession of Episcopacy from the Apostles time, hath bin at all manifested LXX. to us in Conference to your Lordships, and for what your Lordships mention concerning a Nationall Church, it is a new Question which hath not, as yet, bin any part of the Subject of our Debate. But we desire to bring that to a conclusion which is in issue between us, and not doubting but that your Lordships are fully satisfied, That Episcopacy is not Iure Divino, we are ready by Conference to shew the unlawfulnesse of that Episcopacy which we desire to take away by our Bill, and that the Government which we propose is agreeable to the Word of God.
In pursuance of this paper, the most part of the next day, being the last of the Treaty, was spent in dispute between the Divines; and after, their Commissioners delivered in this paper.
22. Feb.
HAving the last night given in a paper unto your Lordships, wherein we signified that we doubted not, but that you were LXXI. fully satisfied, that Episcopacy was not Iure Divino, we are the more confirmed in it, because your Lordships have since that time given us nothing in to the contrary, and we hope we have by clear Arguments from Scripture and reason this day likewise satisfied you, That the government by Arch-Bishops, Bishops, &c. which we desire to be taken away by this Bill, is unlawfull; and that the Government, which we desire to be established, is agreeable to the word of God; and therefore we desire your Lordships to agree to the passing of this Bill, and to give us your full and cleare answer to this, and the rest of the Propositions concerning Religion.
The King's Commissioners Answer,
22. February.
ACcording to your Lordships paper of the last night, we attended LXXII. your debate this day, concerning the unlawfulnes of Episcopacy; but did neither then, nor do now, acknowledg our [Page 58] Selves convinced by any Arguments offered by you, that Episcopacy is not Iure Divino, the same having bin the opinion of very many Learned men in all ages, (which we do not censure or determine) but not insisted on by us, as the ground of any Answer we have delivered to your Lordships; and we are so far from being satisfied with the Arguments from Scripture and reason, this day urged, to prove, that the Government by Arch▪Bishops, Bishops, &c. which you desire to be taken away by this Bill, is unlawfull, that the weightiest Arguments which were urged (in our Iudgments) concluded at most against those inconveniencies which are remedied by the Alteration offered by us to your Lordships, in our See before, no. 56. Paper of the 13. of this Moneth; and it seems strange to us, that your Lordships should think that Government (without which no Nationall Church hath bin since the Apostles times, till within these few yeares) to be unlawfull: and for the Government desired by you to be established, your Lordships have not offered any such particular Form of Government to us that may inable us to Iudge thereof; and we cannot but observe that the Arguments, produced to that purpose, were only to prove the same not unlawfull, without offering to prove it absolute necessary, and therefore we conceive our Answer, formerly given to your Lordships concerning that Bill, and your Propositions concerning Religion, is a just and reasonable Answer.
After the first three daies of the Treaty, spent upon the businesse of Religion, according to the Order formerly prescribed, the Propositions concerning the Militia were next Treated upon the three daies following, beginning the fourth of February, and the same was after resumed the 14. of February, for other three daies.
Their Propositions touching the Militia. 4. Febr.
WEE desire that by Act of Parliament, the Subjects of LXXIII. the Kingdom of England, may be appoynted to be Armed, Trayned, and Disciplined, in such manner as both Houses shall think fit.
The like for the Kingdome of Scotland, in such manner as the Estates of Parliament there shall think fit.
We desire that an Act of Parliament be passed for the setling of the Admiralty and Forces at Sea, and for the raysing of such moneys for maintenance of the said Forces, and of the Navy, as both Houses of Parliament shall think fit.
The like for the Kingdom of Scotland, in such manner as the Estates of Parliament there shall think fit.
An Act for the setling of all Forces by Sea and Land, in Commissioners to be nominated by both Houses of Parliament, of Persons of known integrity, and such as both Kingdoms may confide in for their faithfulnesse to the Religion and Peace of the Kingdome, of the House of Peeres, and of the House of Commons, who shall be removed or altered from time to time, as both Houses shall think fit. And when any shall dye, others to be nominated in their places by the said Houses, which Commissioners shall have power,
First, to suppresse any Forces raised without authority of both Houses of Parliament, or in the intervals of Parliaments, without consent of the said Commissioners, to the disturbance of the publique Peace of these Kingdoms, and to suppresse any Forraigne [Page 52] Forces that shall invade this Kingdom; and that it shall be high Treason in any, who shall leavy any Forces without such authority or consent, to the disturbance of the publique Peace of the Kingdom any Commission under the Great Seale, or other warrant to the contrary, notwithstanding; and they to be incapable of any Pardon from His Majesty, and their estates to be disposed of as both Houses of Parliament shall think fit.
2. To preserve the Peace now to be setled, and to prevent all disturbances of the publique Peace, that may arise by occasion of the late troubles.
So for the Kingdom of Scotland.
3. To have power to send part of themselves, so as they exceed not a third part, or be not under the number of to reside in the Kingdom of Scotland, to assist and Ʋote as single persons, with the Commissioners of Scotland, in those matters wherein the Kingdom of Scotland is only concerned.
So for the Kingdome of Scotland.
4. That the Commissioners of both Kingdoms, may meet as a joynt Committee, as they shall see cause, or send part of themselves, as aforesaid, to doe as followeth;
1. To preserve the Peace betwixt the Kingdoms, and the King, and every one of them.
2. To prevent the violation of the Articles of Peace, as aforesaid, or any troubles arising in the Kingdoms, by breach of the said Articles, and to heare and determine all differences that may occasion the same, according to the Treaty; and to doe further, according as they shall respectively receive instructions from both Houses of Parliament in England, or the Estates of Parliament in Scotland; And in the intervals of Parliaments from the Commissioners for the preservation of the publique Peace.
3. To raise and joyne the Forces of both Kingdoms, to resist all Forraigne Invasion, and to suppresse any Forces raised within any of the Kingdoms, to the disturbance of the publique Pence of the Kingdoms, by any authority under the Great Seale, or other warrant whatsoever, without consent of both Houses of Parliament in England, and the Estates of the Parliament in Scotland, [Page 53] or the said Commissioners of that Kingdome whereof they are Subjects. And that in those cases of joynt Concern [...]ment to both Kingdoms, the Commissioners to be directed to be there all, or such part as aforesaid, to Act and direct as joynt Commissioners of both Kingdomes.
We desire that the Militia of the City of London, may be in the Ordering and government of the Lord Major, Aldermen and Commons in Common-Councell assembled, or such as they shall from time to time appoynt, whereof the Lord Major and Sheriffs for the time being to be three. And that the Militia of the Parishes without London, and the Liberties within the Weekly Bills of Mortality, may be under the command of the Lord Major, Aldermen and Commons, in Common-Councell of the said City, to be ordered in such manner as shall be agreed on, and appoynted by both Houses of Parliament.
We desire that the Tower of London, may be in the Government of the City of London, and the chiefe Officer and Governour thereof from time to time, be nominated and removeable by the Common-Councell.
And that the Citizens, or Forces of London, shall not be drawn out of the City into any other parts of the Kingdom, without their own consent. And that the drawing of their Forces into other parts of the Kingdom in these distracted times, may not be drawn into example for the future.
After these Propositions made, the King's Commissioners, for their Information concerning these Propositions, gave in severall Papers.
The King's Commissioners Paper, 4. February.
WE conceive the Propositions delivered by your Lordships LXXIV. concerning the Militia, import very great alterations in the maine foundation of the Frame of Government of this Kingdome, taking by expresse words, or by necessary consequence, the whole military and Civill power out of the Crown, without any limitation in time, or reparation proposed. Therefore [Page 62] we desire to know for what terme you intend the Militia shall be setled in such manner as may be a reasonable and full security, which we are ready and desirous to give, to preserve the Peace now to be setled, and to prevent all disturbances of the publique peace that may arise by occasion of the late Troubles. For the better doing whereof, we are ready by conference to satisfie your Lordships in any particulars.
Their Answer, 4. Feb.
OƲr Paper given in to your Lordships concerning the Militia, LXXV. doth not containe the alterations mentioned in your Lordships Answer, but desires that which, by the wisdome of the Parliaments of both Kingdomes is judged necessary at this time for the security of His Majesties Kingdomes, and preservation of the Peace now to be setled; and untill your Lordships shall declare an assent unto the matter therein expressed, we conceive it will not be seasonable to give any answer concerning the time; And we are ready to conferre with your Lordships upon what shall be offered by you to our Paper concerning the Mi [...]itia formerly delivered.
The King's Commissioners Reply, 4. February.
WE are of opinion, that the Propositions in your Lordships LXXVI. Paper containe the Alterations mentioned in the paper we lately delivered to your Lordships, and take by expresse words, or necessary consequence, the whole Military and Civill Power out of the Crowne, which alterations we are ready to make appeare in debate. And the alterations being so great, we have reason to desire to know the limitation of time, the consideration of which makes the Propositions more or lesse reasonable.
The King's Commissioners second Paper, 4. February.
VVE desire to know who the Commissioners shall be in LXXVII. whose hands the Forces by Sea and Land shall be entrusted; [Page 63] And whether you intend His Majesty shall be obliged to consent to such Persons; or whether He may except against them, and name others in their places of knowne affection to Religion and Peace.
Their Answer. 4. February.
THe Commissioners in whose hands the Forces by Sea and LXXVIII. Land shall be entrusted, are to be nominated for England by both the Houses of the Parliament of England; and for Scotland, by the Estates of the Parliament of Scotland; as is expressed in our Paper formerly delivered to your Lordships concerning the Militia.
The King's Commissioners Reply, 4. February.
WEE desire a full answer to our Paper concerning the Persons LXXIX. to be entrusted with the Militia, it being very necessary to know the persons, before consent can be given to the matter; and whether His Majesty may except against any such persons, and nominate others in their roomes, against whom there can be no just exception.
The King's Commissioners 3d Paper, 4. February.
VVE desire to know, whether your Lordships intend, that LXXX. the Militia of the City of London shall be independent, and not subordinate to those Commissioners in whose hands the Forces by Sea and Land shall be entrusted.
Their Answer, 4. Febr.
IT appeares by the Propositions concerning the Milisia of the LXXXI. City of London, that the same is to be ordered in such manner as shall be agreed on, and appoynted by both Houses of Parliament.
The King's Commissioners Reply, 4. February.
VVE desire an answer to our Paper concerning the Militia LXXXII. of the City of London, whether the same shall be [Page 56] subordinate to the Commissioners in whose hands the Forces, by Sea and Land, are to be intrusted; your Lordships Answer, that the same is to be ordered in such manner as shall be agreed on, and appoynted by both Houses of Parliament (which yet doth not appeare by the Propositions) being no answer to the question.
The King's Commissioners Paper, 5. February.
HAving with great diligence perused your Lordships Paper, LXXXIII. concerning the Militia, and being very desirous to come to as speedy a conclusion in that Argument as we can; We will be ready▪ to morrow, to give your Lordships our full Answer, which we are confident will give your Lordships fatisfaction concerning the matter of the Militia of this Kingdome.
The King's Commissioners Paper, in Answer to the Propositions concerning the Militia, 6. February.
TO suppresse any Forces that may be raised to the disturbance LXXXIV. of the publique Peace of the Kingdom, or that shall invade this Kingdome, & to preserve the Peace now to be setled, and to prevent all disturbances of the publique Peace, that may arise by occasion of the late Troubles; And that His Majesty and all His People may be secured from the Iealousies and apprehensions they may have of danger; We do consent, that all the Forces of the Kingdome, both by Sea and Land, shall be put into the hands of Persons of knowne faithfulnesse to the Religion and Peace of the Kingdome, in such manner, and for such time, as is hereafter mentioned.
That the number of those persons be Twenty; or if that be not accepted by your Lordships, such greater or lesser number, as shall be agreed upon between us; And that His Majesty may name halfe the persons to be so entrusted, and the two Houses the other halfe.
That such Forts and Townes, in which Garrisons have been before these Troubles, and such other as shall be agreed upon between us to be necessary for a time to be kept as Garrisons, shall be entrusted likewise to persons to be chosen by the Commissioners, or the major part of them, to be subordinate to the said Commissioners, and to receive orders from them, and no others; And all other places, which have been Fortifyed since the beginning of these Troubles, shall be left as they were before, and the Fortifications and Works slighted and demolished; And all Forces with all possible expedition to be disbanded, that the Kingdome may be eased of that intolerable burthen.
That an Act of Parliament shall be passed for the raising of such Moneys, for the maintenance of the Navy and Sea-Forces, as His Majesty and both Houses shall think fit.
That when any of the said Commissioners shall dye, who was nominated by His Majesty, His Majesty shall name another; And when any shall dye of those named by the two Houses, another shall be chosen by them, and in the intervalls of Parliament by the major part of the said Commissioners named by the two Houses, and neither the one or the other to be removed but by the joynt consent of His Majesty and both Houses, except it shall be desired by your Lordships, that His Majesty and the two Houses respectively may remove the respective persons named by them, as often as they shall see occasion, to which (if it shall be insisted on) we shall consent.
These Commissioners, or the major part of them, or such other number of them as shall be agreed upon, shall have power by Act of Parliament, to suppresse any Forces raised sitting a Parliament, without the joynt consent of His Majesty and both Houses of Parliament; or in the intervalls of Parliament without consent of the said Commissioners, or the major part of them, to the disturbance of the publique Peace of the Kingdom, and to suppresse any Forces that shall invade the Kingdome. And it shall be High Treason in any who shall leavy any Forces, without such authority or consent, to the disturbance of the publique Peace.
That they shall have like power to preserve the Peace now [Page 58] to be setled, and to prevent all disturbances of the publique Peace, that may arise by occasion of the late Troubles; And if any Forces shall be brought into the Kingdom, without the joynt consent of the King and the two Houses of Parliament, it shall be lawfull for any foure of the said Commissioners to leavy Forces for the suppressing, resisting and destroying of the said Forces so brought in.
We are content that this power to such Persons shall continue for the space of three yeares, which we doubt not, but by the blessing of God, will be abundantly sufficient to secure all persons from their doubts and Feares, and in which time such a mutuall confidence may be begot betwixt His Majesty and all His People, that the peace will be firme and lasting.
That the Commissioners, before their entrance upon the said Trust, shall take an Oath for the due execution of the said Commission, and that after the expiration of the said terme of three yeares, from the time of the issuing the said Commission, they shall not presume to continue any execution of the said authority, and it shall be high Treason in any of them to execute the said authority after the expiration of the said three yeares. And all the Commanders in chiefe of the Garrisons, Forts, and His Majesties Ships, shall likewise take an Oath for the due execution of their Trust.
That the Commissioners shall have power to prevent the violation of the Articles of Peace, or any troubles arising in the Kingdome by breach of the said Articles, and to heare and determine all differences that may occasion the same.
We shall be willing that any just Priviledges and Immunities be granted by His Majesty to the City of London, as being the chiefe City of this Kingdome, and the place His Majesty desires to Honour with his most usuall and most constant Residence: But we conceive it too envious a thing, and may prove very prejudiciall to the happinesse of that great City, to distinguish it in a matter of so high importance as the businesse of the Militia, from the Authority that the whole Kingdome is to submit to.
If your Lordships shall not consent to the election of persons, [Page 59] in that manner as we have proposed, halfe by His Majesty, and the other halfe by the two Houses, we doe then propose to your Lordships, that the said persons who shall have the said powers in manner and forme above mentioned, may be named by mutuall consent upon debate between us; in which consideration may be taken of the fitnesse or unfitnesse of those who shall be named; And in case that any of them who shall be thus agreed upon, shall dye within the said terme of three yeares, the survivors, or the major part of them, shall nominate and chuse another in his place who shall be deceased. This way we should most have desired, but in regard the consideration of persons may take up a long time in debate, which neither the time allotted for the Treaty, nor the present distractions will permit, we do propose the former as the most expedite and certain way, but leave the election to your Lordships.
And whatsoever shall be found deficient in the setling this according to the present agreement, or shall be thought fit to be added to it upon any inconveniencies or defects that shall be hereafter discovered, the same shall be mended or supplyed in such manner as shall be thought reasonable by the joynt consent of His Majesty, and the two Houses of Parliament.
After which the King's Commissioners delivered in this paper. 6. Februray.
WE shall be ready against the time that the Militia is again LXXXV. in order to be Treated upon, to give your Lordships an answer to your demands, concerning the Militia of the Kingdom of Scotland; the which for the present we have not had time to do, having wholy spent these three dayes in the perfecting the paper delivered to your Lordships this day, and the debates in preparation thereof.
And at the same time their Commissioners delivered in this Paper. 6. Feb.
YOur Lordships paper which we have received so late at the LXXXVI. end of the third day, appointed to Treat upon the Militia, on [Page 68] [...] [Page 69] [...] [Page 68] [...] [Page 69] [...] [Page 68] which we expected a satisfactory answer to our demands concerning it is very far differing from what we have proposed, and unsatisfactory to our just and necessary desires, for securing the Peace of the Kingdoms, and wherein we cannot but observe, that the Kingdom of Scotland is wholy omitted. We do therefore insist upon our paper formerly delivered concerning the Militia, and desire your Lordships full and cleare answer, being ready by conference to remove all obiections, which may be made to the contrary.
The King's Commissioners Answer thereupon. 6. February.
WE conceive the paper delivered by us to your Lordships, LXXXVII. may justly satisfie your Lordships for the secureing the Peace of this Kingdome against all Forces that may any wayes endanger it at home, or from abroad, & for securing the performance of all things that shall be agreed in this Treaty; and we are ready by Conference to make the reasonablenes thereof appeare, and to receive any reasons from your Lordships to the contrary. And as touching Scotland, we hope your Lordships will be satisfied by the last paper we delivered to you.
Their Paper. 6. Feb.
IN our last Paper we insisted upon our former demands for the LXXXVIII. Militia, and offered by Conference to satisfie your Lordships of the reasonablenes of them, if any doubts remained with you to the contrary, which we are still ready to doe, they being the proper subject of this part of the Treaty. And whereas your Lordships have in your Paper, referred what concernes the Kingdom of Scotland unto another time, and seemes to intend it a severall answer; both Kingdoms being united in the same cause, and under the same danger, and mutually providing for the joynt safety, and security of both, and each other, our Propositions are joyntly made by both, and are inconsistent with a divided answer.
The King's Commissioners Answer. 6. Feb.
WHereas your Lordships have offered in your last paper LXXXIX. to satisfie us, by Conference, of the reasonablenes of your demands, if any doubts remaine with us to the contrary: We desire to receive satisfaction by Conference, that it is reasonable for us to grant the nomination of the persons by the two Houses only, and that the time ought not to be limited.
Their Paper. 6. Feb.
AS we have given to your Lordships our Propositions, for the XC. Militia of both Kingdoms, in writing, so do we again desire your Lordships full and clear answer to them both, in writing, and we are ready to answer any doubts you shall make upon them in order as we delivered them, and as they do relate to both Kingdoms, but we cannot Treat upon your Lordships answer which divides them.
The three first dayes, allotted for the Treaty upon the Militia, being spent, and that subject resumed upon Fryday the 14, Saturday the 15, and Monday the 17 of February. In those dayes diverse Papers were delivered, and some debates had touching the nomination of the Persons, who were to be entrusted with the Militia, whether they should all be nominated by the two Houses only; and touching the time, how long they should have it, and whether the same should be unlimited, as it was in the Propositions, or be limited to a certain time; as likewise concerning the Powers of the English, and Scottish Commissioners for the Militia, which are so intermingled in the Propositions, that it was not well understood upon the Propositions, how far the Commissioners of one Kingdome, and their power might extend unto, and have influence upon the other, & the one upon the Government of the other, and concerning some other passages having relation to the Militia; which would be intricate, if they sh [...]uld be set downe in the order of time as they were delivered; and because sometimes diverse [Page 62] papers were delivered together, therefore they are here placed according to their distinct matters. And first touching the nomination of Persons, and limitation of the time.
The King's Commissioners delivered in this Paper. 14. Febr.
IF your Lordships are not satisfied, with the See no. 84. Papers delivered XCI. to your Lordships by us on the 6. of February, concerning the Militia, as farre as the same concernes this Kingdome, we desire according to your Lordships offer in your See no. 86, & 88. first, and second Paper delivered to us the sixth of February, that your Lordships will satisfie us of the reasonablenesse of your demands, and that the nominating of the Persons ought to be by the two Houses only, and that the time ought not to be limited.
Their Answer. 14. Feb.
BY your Lordships Paper received this day, we apprehend XCII. your desire to proceed in the Treaty, upon the Propositions for the Militia, as farre as the same concernes this Kingdome, without any mention of the Kingdom of Scotland. In answer whereunto, we referre your Lordships, to a former Paper of the 6. of February instant, whereby we desired your full and clear answer to our Propositions for the Militia of both Kingdoms, in order as we have delivered them, and as they doe relate to both Kingdoms, and that we could not Treat upon your Lordships answer which divides them. We still insist on that Paper, and when your Lordships shall be pleased to give an answer thereunto, we shall be ready to cleare any doubts which may remaine with your Lordships.
The King's Commissioners Reply. 14. Febr.
VVE doe desire to proceed in the Treaty, upon the Proposition XCIII. for the Militia, as the same concernes both Kingdoms joyntly, as well as either of them severally, neither is the contrary expressed (as we conceive) in the Paper delivered [Page 63] by us to your Lordships this day; But we cannot reasonably Answer to them as they concerne one or both Kingdoms, before we receive satisfaction from your Lordships of the reasonablenesse of your demands, which your Lordships were pleased to promise us by two of your Papers of the sixth of February, and which we againe desire of your Lordships concerning the Persons and the time, conceiving it unreasonable, that all the Persons shall be nominated only by the Houses, and that the time should be unlimited.
Their Answer. 15. Feb.
VVEE have formerly desired your Lordships answer to XCIV. the Propositions for the Militia, in order as we delivered them, and as they doe relate to both Kingdoms, and not to give any Answer which shall divide them. Yet we observe in the matter of your Lordships See the Paper intended, no. 105. third Paper yesterday received, that you desire satisfaction in the Particulars there mentioned, as the same concerne the Kingdome of England, only in pursuance of a former Paper given in by your Lordships the 6. of February. We therefore againe desire as formerly, that such answer as your Lordships shall think fit to make to our Propositions concerning the Militia, may be applied to both Kingdoms joyntly, and then we shall be ready by conference to cleare any Objections, which your Lordships shall make against the reasonablenesse of our demands.
The King's Commissioners Paper. 15. Febr.
WEE desire that your Lordships will satisfy us of the XCV. reasonablenesse of your demands concerning the setling the Militia of both Kingdoms, and that the nominating of the Persons ought to be by the two Houses of Parliament, and the like for the Kingdom of Scotland, and that the time ought not to be limited.
Their Paper, 15. Febr.
YOur Lordships demand in your The precedent Paper. 4th Paper being made concerning XCVI. the Militia of both Kingdoms, we are ready upon conference, to give satisfaction to what your Lordships shall object against the nominating of the Commissioners by the two Houses of the Parliament of England, and the Estates of the Parliament of Scotland respectively, or against the time for which the Militia is demanded in the Propositions.
After some time spent in conference, for limiting the time, wherein the debate was, touching the unreasonablenesse of the demand, for taking from the King the Power of the Militia▪ and setling it in Commissioners, to be nominated by the two Houses, not limited to any time, The Kings Commissioners gave in this Paper.
15. Febr.
WE desire to know, whether your Lordships can, by your XCVII. instructions, consent to a limitation of time, in the setling the Militia, or whether you must insist, that the time be unlimited.
Their Answer. 17. Febr.
IN Answer to your The next precedent paper. sixt Paper of the 15. of this instant, XCVIII. concerning the limitation of time, in the setling of the Militia, We doe insist that the time be unlimited, according to our former demands.
The King's Commissioners Reply. 17. Febr.
AFter so long debate between us, concerning the limitation XCIX. of time, in the setling of the Militia, (in which we conceive your Lordships had been satisfied, that as it is no way necessary, for the security of the observation and performance of the present agreement, that the time should be unlimited, [Page 73] so in respect of other considerations, it may be very mischievous, that it should be unlimited) we had great reason to desire to know, whether your Lordships had any power by your Instructions, to consent to a limitation of time, and are sory that your Lordships will not give us an answer to that question, that thereupon we might have endeavoured to have given your Lordships other satisfaction, then by not knowing your power therein, we are enabled to doe.
Their Paper. 17. Febr.
WE conceive that after so long a debate between us, C. your Lordships would have been satisfied, that it was most fit concerning the setling the Militia, for the time to be unlimited, as we have formerly desired, and which by our Instructions we are to insist upon.
They also delivered in this Paper. 17. Febr.
WE desire a full and cleer answer to what we have delivered CI. to your Lordships concerning the Militia, and to know whether your Lordships be limited by any Instructions or Directions, what to grant or deny in the same, and that we may have a sight of such Instructions or Directions.
The Answere. 17. Febr.
VVE doe The paper after no 128. was delivered with this. herewith deliver to your Lordships, such a full and cleere answer to your Propositions concernthe Militia, as we hope will give your Lordships satisfaction, being such, as upon the conference and information we have received from your Lordships, seems to us to be most reasonable.
It appeareth by our Commission, whereof your Lordships have a Copy, that it hath not any reference to any Instructions. It is true, that as we have (according to our duty) from time to time acquainted His Majesty with our proceedings, so in some [Page 74] particular cases, we have desired to be assisted with His Majesties opinion, but what answers we have therein received from His Majesty, we conceive it not proper for us to communicate to your Lordships, nor have we any warrant so to doe.
Their Reply. 17. Febr.
VVE againe desire of your Lordships, to know, whether you CIII. be limited by any Instructions, or Directions, what to grant or deny unto us, concerning the Militia, and that we may have a sight of such instructions or directions, and which we conceive, your Lordships in Justice and reason cannot deny, seeing by your Papers and debates, you insisted, that it was just and reasonable for us to let you know, whether we had any power by our Instructions, to consent to a limitation of time, which we did accordingly. And your Lordships 7th Paper this day delivered gives no answer or satisfaction to our former demand herein.
The King's Commissioners Answer. 17. Febr.
WE conceive it was just and reasonable, for us to demand CIV. of your Lordships, whether you had power by your instructions to consent to a limitation of time concerning the Militia, because the time is left indefinite, and not expressed in the Propositions. And your Lordships Commission, which gives you power to Treat, relating to instructions, they are thereby part of your power, and yet your Lordships to that our demand, have given no other answer, then, That by your instructions, you were to insist, to have the time unlimited; but have not answered, whether you had power to consent to a limitation of time. And we desire your Lordships to remember, that formerly upon our desire to see your instructions, that thereby we might see what power was granted to you, by your See before no 16. Paper of the last of Ianuary, your Lordships did answer, it was that for which you had no warrant; and it appearing to your Lordships, that our Commission hath no reference [Page 75] to instructions, we conceive that your Lordships cannot expect any other answer, then we have already given to your Lordships demand, touching any instructions or directions to us, what to deny, or consent to grant in the Militia, assuring your Lordships, that we shall not deny, but willingly consent, to grant whatsoever shall be therein requisite for a full security, for observing the Articles of the Treaty, or otherwise agreeable to Iustice or reason.
Touching the Power which should be given to the Commissioners for the Militia,
The King's Commissioners Paper. 14. February.
VVE desire to know, what authority the Commissioners, CV. nominated by the Estates of the Parliament of Scotland, are to have in the Militia of this Kingdom; and what influence, the Orders and advice, from the Estates of the Parliament there, shall have upon this Kingdom; and how farre the same is to be consented, or submitted to here.
Their Answer. 14. Feb.
YOur Lordships desire, expressed in your second Paper this CVI. day, may be fully satisfied by the Propositions concerning the Militia, where the authority of the Commissioners to be nominated, is clearely expressed, both in cases of severall, and of joynt concernment, of the Kingdoms; And if upon perusall thereof any doubts shall occurre to your Lordships, we are ready by conference to cleare the same.
The King's Commssioners Paper. 15. Febr.
VVE doe not conceive that the authority of the Commissioners CVII. of both Kingdoms, and in both Kingdoms, is cleerely expressed in your Lordships Propositions, and therefore [Page 76] we desire to be informed, whether your Lordships intend that the Commissioners of Scotland shall have any power in the setling of all Forces by Sea and Land in this Kingdome, and what authority they shall have.
Their Paper, 15. Feb.
WE doe conceive, that the authority of the Commissioners of CVIII. both Kingdomes, and in both Kingdomes, is clearly expressed in our Propositions: By which it doth appeare how they are to act as severall or as joynt Commissioners. And if your Lordships shall propound any objections against our Propositions concerning the Mili [...]ia of both Kingdomes, we are ready upon conference to give your Lordships satisfaction.
The King's Commissioners Paper, 15. February.
VVE desire to know, whether in that part of the Proposition, CIX. wherein the Commissioners of both Kingdomes are appoynted to meet as a joynt Committee, and to receive Instructions in the intervalls of Parliament from the Commissioners for the preservation of the publique Peace, your Lordships meane the Commissioners to be nominated according to these Propositions, or the See the Printed Act. Commissioners intended by the Act of Pacification, or what other Commissioners; And what Iurisdiction you intend the said Commissioners of both Kingdomes shall have, by the power given them to heare and determine all differences that may occasion the breach of the Articles of the Peace, according to the Treaty, and by what Law they shall proceed to heare and determine the same.
Their Answer, 15. Feb.
VVE intend that the Commissioners are to be nominated CX. according to the Propositions, and are to proceed in such manner as is therein expressed; and if your Lordships shall make any ob [...]ctions hereupon, we are ready by Conference to give you satisfaction.
Their further Answer, 15. Feb.
FOr further answer to your Lordships second Paper, we conceive CXI. that the matter of the Jurisdiction to be exercised by the Commissioners, is expressed in the Proposition, and for the manner of exercising that Iurisdiction, and by what Law they shall proceed to heare and determine, the same are to be setled by the two Houses of the Parliament of England, and the Estates of the Parliament of Scotland respectively.
The King's Commissioners Paper, 15, Feb.
WE desire to receive a perfect and full answer from your CXII. Lordships to our See no. 107, & 109, & no. 105. first and second Papers, delivered by us this morning to your Lordships, and whether your Lordships intend, that the Commissioners of Scotland shall have any power and authority in the setling of all Forces by Sea and Land in this Kingdom, and what authority they shall have; and whether the advice or orders of the Estates of the Parliament of Scotland, shall have any influence upon the affaires of this Kingdome, or the Commissioners to be named according to these Propositions, otherwise then as the said advice or orders shall be approved, and confirmed by the two Houses of Parliament of England; and what Iurisdiction you intend the Commissioners shall have who are to determine all differences, that may occasion the breach of the Articles of Peace; and by what Law or rule they shall proceed, trye, and Iudge, in the hearing & determining the same; And it is most necessary for us to desire satisfaction from your Lordships to these particulars in writing, since the answer we shall give to your Lordships upon so much of your Propositions, will very much depend upon our cleare understanding your Lor [...]ships in these particulars, it being agreed between us, that nothing shall be binding, or taken as agreed upon, but what shall be in writing on either part.
Their Answer. 17. Feb.
WE conceive there is a full answer already given by us in CXIII. See the papers intended, no. 92, & 106. severall papers of the 14 of this instant, to the former parts of your paper, delivered in on the 15 day, and to the latter part, what Iurisdiction the Commissioners shall have, who may determine all differences, that shall be by breach of the Articles of Peace, and by what Law and rule they shall proceed to heare and determine, the same is clearely set down in our No. 111. further answer of the 15 of this instant, to your second paper delivered in to us the day before.
The King's Commissioners Answer thereunto. 17. February.
VVE had great reason to desire a perfect and full answer CXIIII. from your Lordships, to our first and second Papers delivered by us to your Lordships on the 15 of Feb. and we desire your Lordships to consider how difficult a thing it is for us, to give your Lordships a satisfactory answer to your propositions, as they relate to either, or both Kingdoms, or to the power of the Commissioners of both Kingdoms, as they are to be a joynt Committee to heare and determine all differences, according to instructions from both Houses of Parliament of England, or the Estates of the Parliament of Scotland, before your Lordships are pleased to informe us, whether you intend, the Commissioners of Scotland shall have any power or authority in the setling all Forces by Sea and Land in this Kingdome, and what authority they shall have; and whether the advice, instructions, or orders of the Estates of the Parliament of Scotland, shall have any influence upon the affaires of this Kingdom, or the Commissioners to be named according to those Propositions, otherwise then as the said advice, instructions, or orders shall be approved and confirmed by the two Houses of Parliament of England; and what Iurisdiction you intend the Commissioners shall have, who are to determine all differences that may occasion the breach of the Articles of the Peace; and by what Law or rule they shall proceed, try, and Iudge, in the [Page 79] hearing and determining the same. In all which particulars we are very sory that we can receive no answers from your Lordships, for want whereof we may faile in giving your Lordships so satisfactory answers to your Propositions, as otherwise we might be enabled to do.
Their Reply. 17. Febr.
IT is clearly expressed in our Propositions delivered to your CXV. Lordships, that all Forces by Sea and Land in this Kingdome, are to be setled by the two Houses of the Parliament of England, and in the Kingdom of Scotland, by the Estates of the Parliament there; and we conceive that the advice, instrustions, or orders of either Kingdome, are to have no influence upon the affaires of the other, but such as is and shall be mutually agreed upon by the two Houses of the Parliament of England, and the Estates of the Parliament of Scotland; And for the Jurisdiction of the Commissioners, and by what Law or rule they shall proceed, we have given your Lordships a full and cleare answer thereunto, in our 5 See before, no. 111. paper of the 15 of February.
The King's Commissioners Paper, 17. February.
IN the 12th Proposition your Lordships desire an Act to be CXVI. passed for confirmation of the late Treaty, for the setling of the Garrison of Berwick of the 29 of Novemb. 1643. which relating to the businesse of the Militia, we hold it necessary to see before we can make our full answer upon the whole, and desire it accordingly of your Lordships.
Their Answer, 17. Feb.
AS for what concernes the Act for Confirmation of the late CXVII. Treaty, and for setling the Garrison of Berwick, It is not now to be Treated upon, but is reserved to its proper time.
The King's Commissioners Paper, 17. February.
VVE desire to know, whether by the joynt power mentioned CXVIII. in your Lordships Propositions, to be given to the Commissioners for both Kingdomes, to preserve the Peace between the Kingdomes, and the King and every one of them, your Lordships doe intend any other then Military power for suppressing Forces o [...]ely, which is expressed after in a distinct clause by it selfe; And if your Lordships doe intend any further power, that your Lordships would declare the same in certainty and particular.
Their Answer, 17. Feb.
VVE conceive the power of the Commissioners, mentioned CXIX. in the 17th Proposition, is there fully expressed to preserve the Peace betwixt the Kingdomes, to prevent the violation of it, or any troubles arising in the Kingdoms by breach of the Articles, and to heare and determine all differences which may occasion the same, according to the Treaty, and to raise Forces to resist Forreigne Invasion, and suppresse intestine Insurrections, as is more at large set downe in the Proposition, to which we referre your Lordships.
The King's Commissioners Paper, 17. February.
VVE desire to know, whether the Commissioners of CXX. both Kingdomes meeting as a joynt Committee, The Commissioners of each Kingdome shall have a Negative voyce, so as nothing can be done without their joynt consent in matters of joynt concernment: And how, and by whom it shall be decided, what are cases of joynt concernment to both Kingdomes.
Their Answer, 17. Feb.
IN all matters of joynt concernment, the Commissioners of both CXXI. Kingdomes are to Act joyntly. And when they shall meet as a [Page 81] joynt Committee upon such matters of joynt concernment, the Commissioners of each Kingdome are to have a Negative voyce; And in doubtfull cases, not expressed in the 17th Proposition, to be of joynt concernment, where the Commissioners cannot agree, whether or no they be of joynt concernment, they are to represent them to the two Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively, to be by them determined if they be sitting, and in the intervalls of Parliament, if the cases be such as cannot without prejudice to both, or either Kingdome, admit of delay; we conceive the Commissioners of each Kingdome are to Act severally, and to be accomptable for it to the two Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively, at their next sitting.
The King's Commissioners Paper, 17. February.
WE desire to know, whether by the Propositions for setling CXXII. the Forces in Commissioners to be nominated by both Houses of Parliament, such as both Kingdomes may confide in, your Lordships do intend, That the Estates of the Parliament of Scotland shall approve or except against the Commissioners to be nominated for the Kingdome of England, both at present, and from time to time, as the Commissioners shall dye, or be removed, or altered.
Their Answer. 17. Feb.
VVE conceive it to be plaine by the Proposition it selfe, that CXXIII. the Commissioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome, and neither Parliament hath power to except against, or approve the persons chosen by the other, and we are confident there will be no cause of exception, but who are chosen by either, will be such as both may confide in.
The King's Commissioners Paper, 14. February.
WE desire to know, whether your Lordships intend by CXXIV. T [...] Admiral [...]y is an of fice of Inheritance in Scotland, and setled by Act of Parilament. your proposition concerning the setling of the Admiralty of Scotland by Act of Parliament, to alter the inheritance of any person, which is already setled by the Lawes of that Kingdom.
Their Answer thereunto, 15. Feb.
TO your Lordships fourth Paper of the 14 of Feb. it is answered, CXXV. that by our Propositions for setling the Admiralty of Scotland by Act of Parliament, it is intended that the Admiralty, and Forces at Sea &c. shall be setled in such manner as the Estates of Parliament there shall think fittest, for the safety and security of that Kingdom. And as touching the inheritance of any person which is already setled, by the Lawes of that Kingdom, the Estates of Parliament will do that which is agreeable to Iustice.
The King's Commissioners Paper. 15. Febr.
VVE desire to know, whether the Papers delivered to us CXXVI. touching the Militia, containe all your Lordships Propositions touching the Militia of England and Scotland: and if they do not, that your Lordships will deliver the rest, that we may make our answers upon the whole.
Their Answer. 15. Feb.
VVHatsoever is contained in the Propositions concerning the CXXVII. Militia of England and Scotland, is delivered in to your Lordships, except the 23 Proposition, and the last Article in the 26 Proposition, which are reserved for their proper place.
After all these passages, the King's Commissioners delivered [Page 83] in this Paper, in further answer to their Propositions concerning the Militia.
17. February.
VVE had no purpose in our No. 84. answer delivered by us to CXXVIII. your Lordships on the 6th day of February, to divide our answers concerning the Militia of the two Kingdoms, otherwise then in poynt of time, and till we might receive satisfaction from your Lordships, concerning the powers to be given to the Commission [...]rs of both Kingdoms, and the other particulars mentioned in our Papers, since delivered to your Lordships, wherein we are not as yet satisfied by any Papers delivered by your Lordships to us. Our further answer to those Propositions concerning the Militia is, that we are willing and doe agree, That the like course shall be taken and observed touching the Militia of the Kingdome of Scotland, as is offered in our said paper of the 6th of February, and as shall be hereafter agreed on for the Kingdome of England, which we conceive to be a full security for the performance and observation of all Articles, which shall be agreed upon between us in order to a blessed Peace; which we are so desirous may be punctually & exactly observed, That we are willing that His Maiesty be desired to take a most solemne strict Oath, for the full observation thereof; And likewise that all persons of any immediate trust, by office or attendance on His Maiesty, and any other whom you shall think fit, shall take such Oath, for the due observance of the same, with such reasonable penalties as shall be proposed by your Lordships, and agreed to by us; in which we beleive we shall not differ with your Lordships, being willing that whosoever shall in the least degree infringe the agreement which shall be made between us, may be looked upon and accounted, as most pernicious enemies to King and Kingdomes; And if it shall be thought necessary to make any additionall settlement of the Militia, with a generall reference to the good of the Kingdomes respectively, we desire the same may be done after the Peace established, by the joynt consent of His Majesty and the two Houses of Parliament in England, and His Majesty [Page 84] and the Estates of the Parliament of Scotland respectively; And as we shall desire and endeavour to remove all occasions that may interrupt the Peace and Tranquillity of that Kingdom, and a perfect amity with them, and shall not desire any change off, or to intermeddle in their Lawes or Government, or give them cause to apprehend any disturbance or violation of them from this Kingdome; so are we obliged with all tendernesse to preserve the Honour, Dignity, and Constitution of this Realme. And therefore as we are yet satisfied, we cannot consent that any persons authorized by the Estates of the Parliament of Scotland, or any advice from thence, shall have any influence upon the Militia of this Kingdome, or further interpose in the affaires of this Kingdom, then is already provided by the Act of Pacification. And we offer to your Lordships considerations, whether unlesse there could be an union of the Lawes of both Kingdoms, such a mixture of power, as is now proposed, and the influence thereof, both upon Martiall, and Civill affaires, may not prove very inconvenient and prejudiciall to both Kingdoms, and give cause of Iealousies to each other, to the disturbance of that mutuall Amity so much desired; But if this intermingling of power in both Kingdoms, shall be further insisted on by your Lordships, we propound that the same may be setled, as (after a Peace established) shall be agreed by the joynt consent of His Majestie, and both Houses of Parliament of England, and of His Majesty, and the Estates of the Parliament of Scotland, and if your Lordships shall insist on any thing further for necessary security, we shall apply our selves to the consideration thereof, if we shall have further time so to do, according to our desires grounded upon His Majesties Letter.
Their Paper, 17. Febr.
WE do conceive that we have in our former Papers punctually CXXIX. satisfied your Lordships, in all you desired to know, concerning the Powers of the Commissioners of both Kingdoms, and the other particulars mentioned by your Lordships; and what [Page 85] your Lordships now offer concerning the Militia of the Kingdome of Scotland, that the like course shalt be taken in it, as is expressed in your Lordships Paper of the 6th of Feb. to be observed for the Militia of this Kingdom; your Lordships may remember that in our answer to that paper, we told your Lordships it was differing from what we had proposed, and unsatisfactory to our just and necessary desires for securing the Peace of the Kingdoms, and it cannot be expected that what was so then for the Kingdome of England, should now be thought other for the Kingdom of Scotland. And though both Kingdoms be now united in the same cause, and labouring under the same dangers, and therefore necessitated to a mutuall and reciprocall assistance of each other, had proposed a joynt remedy, and security by that Commission desired in our 17th Proposition, we find your Lordships say, that (as yet you are satisfied) you cannot consent unto it▪ to which we answer, that we believed we had given your Lordships such convincing reasons as might have satisfied you, and we doubt not but they, may if you will recollect your memoryes concerning them, and rightly weigh them. This being the last day we are to Treat upon this subject, it cannot be expected, and as we conceive, it is altogether needlesse to use any more Arguments; we do therefore desire your Lordships will be pleased now at the last, to give us your full and positive answer to our demands, as we have often already pressed your Lordships. And where as your Lordships do propound, that if we shall further insist upon the uniting of the powers of both Kingdoms, it may be done after the Peace establisht, we desire your Lordships to consider that it is demanded by us in order to a Peace, and a chiefe and most necessary meanes for the attaining and establishment of it. And we further observe, that your Lordships have given us no answer at all to our 15 Proposition; which we do likewise insist upon, and defire your answer.
The King's Commissioners Answer, 17. February.
IF your Lordships had punctually, or in any degree satisfied CXXX. us in what we desired to know concerning the powers of the Commissioners of both Kingdoms, & the other particulars [Page 86] mentioned by us, we had not troubled your Lordships with so many questions, to most of which we could receive no other Answers, then the referring us to the Propositions themselves, upon which we grounded our questions. And we conc [...]ive that your Lordships Propositions upon the Militia, upon which you still insist, have in [...]ruth appeared upon debate to be most unreasonable in many particulars; as that the persons to be entrusted with the Militia, should be nominated onely by the two Houses, and that His Majesty who is equally to be secured, that the Peace should not be broken, should name none; That the power given to the Commissioners, shall be framed and altered as occasion serves by the two Houses onely; And that His Majesty, who is so much concerned therein, shall have no Negative Voyce, as to such powers, but is absolutely excluded, and that the time should be unlimited: So that His Majesty for himselfe and his Posterity should for ever part with their peculiar Regall power of being able to resist their Enemies, or protect their good Subjects, and with that undoubted and never denyed Right of the Crowne, to make Warre and Peace; And in no time to come, His Majesty or His Posterity should have power to assist their Allies with any supplies of Men, though Volunteers, or ever more to have any Iurisdiction ov [...]r their owne Navy or Fleet at Sea, and so consequently must loose all estimation and confidence with Forraigne Princes. And many other expressions in the said Propositions, doe either signifie what we find your Lordships doe not expect, or inten [...], or at least are so doubtfull, that the cleare sense thereof is not evident to all understandings; As by the literall sense of your Propositions, neither the Sheriffes of Counties, or Iustices of Peace, and other legall Ministers, may raise Forces by the Posse Comitatus, or otherwise to suppresse Riots, and remove forcible Entries, or to performe the other necessary duties of their places, without being liable to the interpretation of the Commissioners for the Militia, that such Forces are raised, or Actions done, for the disturbance of the publique Peace; As likewise all Civill Actions and differences may be comprehended within those Propositions to be tryed before the said Commissioners; [Page 87] neither of which we beleeve your Lordships intend should be.
And therefore we have in our Answers proposed, what we thought would be agreeable to the matter and end of those Propositions, that i [...], a reasonable and full security, for the observation of the Articles of the Treaty, which according to what we have offered, cannot be broken on either part, without evident prejudice and danger, to that part, which shall endeavour the breaking thereof. And that the memory of these unhappy distractions may be forgotten as soon as may be, that the ti [...]e of this settlement may be limited to three yeares, which, by the blessing of God, will be sufficient to beget a good understanding between His Majesty and all His People. And that the fifteenth Proposition, and all the other parts of your Lordships Propositions, being not at all necessary to the present union and Reconciliation, may be deferred till after the Peace established, to be setled by Hi [...] Majesty, and the two Houses of Parliament in England, and His Majesty, and the Estates of the Parliament in Scotland respectively. But if your Lordship shall not think this way of nomination of Persons to be Commissioners, or the other proposed likewise by us, in our Paper of the 6th of February, for the agreement of the Commissioners between your Lordships and us, to be equall; We shall gladly receive any more equall way from your Lordships, since it is apparant, that that already proposed by your Lordships, and which you insist upon in T [...]rminis, is not fit to be consented to for the quiet and Peace of the Kingdom, presuming that you will thinke the security ought to be mutuall, as the Feares and Iealousies are mutuall. And we are most confident, that His Majesty so much desires to give all reasonable and fit security on his part, that the agreement and Peace to be now made, shall be inviolably observed; That as he will name no man for this great Trust, against whom there can be just exception, (if the persons are named equally between him and you) so if the whole nomination were left to Him, He would pitch only upon such as both Kingdoms migh [...] have great cause to confide in and we believe might give full satisfaction to your Lordships. And therefore we hope your Lordships will [Page 88] believe, that the reason we consent not to your Propositions, is, because we conceive them destructive to the end for which they are proposed, Iustice, Peace, and Vnity; and not that we deny, to consent to any reasonable security, for observance of the agreement to be made, of which we will alwaies be most tender, with regard to all persons concerned.
This was the last paper, delivered in the last of the six daies touching the Militia, but that being taken up againe, in some part of the two last daies of the Treaty, as those of Religion and Ireland also were, their Commissioners upon their breaking up of the Treaty, about two of the clock in the morning after the 22th of February, gave in a Paper intended for an Answer to this Paper, which neverthelesse relates to the Paper here next following, delivered by them the 21. of February mentioning a limitation of time for seaven yeares, & for that cause is herein set downe after that Paper, and as their last of that subject; and the Papers upon that Subject, delivered in the mean time, in the two last daies, are these following.
Their Paper, 21. Febr.
WHereas your Lordships have in severall Papers much insisted, CXXXI. that the Commissioners mentioned in the 17th Proposition, should be for a limited time, that your Lordships might better give a full Answer to our desires concerning the Militia, though we conceive the Reasons we have given, might have satisfied your Lordships for the time to be unlimited, yet to manifest our earnest desires of Peace, we propose to your Lordships, the time for the said Commissioners, to be for seaven years, from the time of the passing the Act for the Militia. And that after the expiration of such terme, the Militia of the Kingdom, to be setled and exercised in such manner, as shall be agreed upon by His Majesty, and the two Houses of the Parliament of England, and by His Majesty and the Estates of the Parliament of Scotland respectively, and not otherwise.
At the same time the Scotch Commissioners, from themselves a part, delivered in this Paper, signed by their own Secretary only, all the other Papers being signed by two Secretaries, for the English and Scotch Commissioners.
21. February.
VVE the Commissioners of the Parliament of Scotland, do CXXXII. declare, that our consent to the Paper given in this day concerning the limitation of the power of the Militia, in Commissioners according to the 17th Proposition, to continue for seaven yeares, from the time of the passing of the Act for the Militia; and after the expiration of that terme, to be setled in such manner as shall be agreed upon by His Majesty, and the two Houses of the Parliament of England, And by His Majesty, and the Estates of the Parliament of Scotland respectively, and not otherwise, is to be understood as followeth; That we will represent the same to the Estates of the Parliament of Scotland, or their Committees, to which we are confident they will assent, as that which is conceived to conduce to a happy agreement, and setling of a firme and blessed Peace.
The King's Commissioners Answer. 22. February.
VVE have hitherto conceived, that this Treaty hath CXXXIII. been betwixt us that are appoynted Commissioners by His Majesty, and your Lordships, the Commissioners from the two Houses of the Parliament of England, and your Lordships the Commissioners of the Parliament of Scotland joyntly and not severally: But finding that your Lordships, the Commissioners of the Parliament of Scotland, have delivered to us a distinct Paper, signed only by your Secretary, of the 20th of Febr. concerning the Militia, and that not concurring with the other joynt Paper, delivered and subscribed by both your Secretaries upon that Subject that day; We desire to know, whether the Commissioners of the Parliament of Scotland have a negative voyce, or have not power to conclude [...], without farther power to be granted, from the Estates of the Parliament [Page 90] of Scotland, and expect in this Treaty to be severally Treated with; and after your Lordships Answer to this paper, we shall be able to give your Lordships a farther Answer to your joynt Paper of the 20th of February.
Their Paper. 22. February.
THe Treaty is betwixt us that are the Commissioners of the CXXXIV. Parliaments of both Kingdoms joyntly, and not severally; And your Lordships the Commissioners from His Majesty, And the Commissioners of the Parliament of Scotland, did joyne with the Committees of the two Houses of the Parliament of England, in giving in the other joynt Paper concerning the Militia delivered yesterday, subscribed by both Secretaries, but seeing it containes an alteration, limiting the time to seaven years, which in the former Propositions agreed to by both Parliaments is indefinite; They did declare, that they are confident, the Parliament of Scotland will assent thereto, and they have shewed your Lordships sufficient power to conclude any thing by them agreed unto.
The King's Commissioners Paper, 22. February.
WE cannot rest satisfied with your Lordships answer to CXXXV. our paper delivered to you this day, concerning your Lordships the Commissioners of the Parliament of Scotland, it being indeed; but a repetition of your Lordships paper, and no answer to ours thereupon; and it being very necessary for us to know, whether the Commissioners of the Parliament of Scotland have a negative voyce, and whether they have not power to conclude, without farther powers to be granted from the Estates of the Parliament of Scotland, upon the answer to which, we must the rather insist, because your Lordships last paper, gives the reason of the distinct paper delivered to us, from the Commissioners of the Parliament of Scotland to be, because the limitation of time now offered, differs from the Propositions agreed on by both Parliaments, in which the time is indefinite, which seems to us to intimate, that your [Page 91] Lordships, who are the Commissioners from the Parliament of Scotland, have not power to consent to any alteration from the said Proposition, without first acquainting the Parliament of Scotland, although the other joynt paper, delivered upon that Subject, be signed by both your Secretaries; and thereby it is evident, that it much concernes us to know, whether the said Commissioners have a negative voyce in this Treaty. For the matter of your Lordships paper concerning the limitation of time for the Militia to seaven years, it is not possible, by reason of this shortnesse of time for the Treaty (it being tenne of the clock this night when your paper was delivered) to give your Lordships a full answer, it being necessary for us to receive satisfaction from your Lordships in writing, or by conference, whether by the words, And not otherwise, your Lordships intend, that after the expiration of the time limited, His Majesty shall not exercise the legall power, which he now hath over the Militia, before the same be agreed upon, by His Majesty and the two Houses of the Parliament of England, and by His Majesty, and the Estates of the Parliament of Scotland respectively, for which resolution and debate, we heartily wish the time were sufficient, being very willing to give your Lordships all reasonable satisfaction. And therefore we doe propose to your Lordships, that if the Treaty may not now continue, it may be adjourned for such time as you shall think fit, and not totally dissolved, but againe resumed, which we propose as the best expedient now left us for the procuring of a blessed Peace, and by it, the preservation of this now miserable Kingdome from utter ruine and desolation.
After this, about two of the clock the next morning, they gave this paper following, which is here mentioned, to be delivered upon their breaking up the Treaty, and intended for an Answer to the paper of the 17th of February, no 129.
Their Paper. 22. Feb.
WEE conceive, if your Lordships would weigh our Demands CXXXVI. concerning the power of the Commissioners of [Page 92] both Kingdomes, you will be satisfied with our Answers to your severall Questions; where any doubts were of the expressions we did explaine them, and where the Propositions were so cleare, as they could beare no doubtfull sense, we did referre your Lordships to the Propositions themselves. And we conceive our Demands concerning the Militia, to be most reasonable, and all objections made against them to be by us removed; And why your Lordships should insist that the Commissioners should not be nominated by the two Houses onely, and His Majesty, who is to be equally secured, should name none, we much marvaile at, when you may well consider this power was not to be exercised by the Commissioners, untill a Peace had been concluded upon this Treaty, and then His Majesty had been fully secured by the Lawes of the Kingdome, and by the duties and affections of His Subjects, neither could the Commissioners doe any thing in violation of the Peace, to the prejudice of His Majesty, contrary to the Trust reposed in them, they having a rule prescribed which they were not to transgresse, and being removeable by both Houses of the Parliament of England, and the Estates of the Parliament of Scotland respectively, and being liable for any miscarriage to severe punishment. And as for their security who have been with His Majesty in this Warre, an Act of Oblivion is desired to be passed, whereby all His Majesties Subjects in both Kingdomes would have been put in one and the same condition, and under the same protection, with some exceptions mentioned in those Propositions; And if the Commissioners had been severally chosen, the memory of these unnaturall Divisions must needs have been continued, and probably being severally named, would have acted dividedly according to severall interests, and the Warre thereby might be more easily revived: whereas the scope of the Propositions we have tendered, was to take away occasions of future differences, to prevent the raising of Armes, and to settle a firme and durable Peace. And to your Lordships objections, that the Commissioners were to continue without any limitation of time, although the reasonablenesse thereof hath been sufficiently manifested to your Lordships, yet out of most earnest desires of Peace, we have proposed to your Lordships a time of seven yeares, as is expressed in our Paper delivered to your Lordships the 21th of this instant.
And for the peculiar Royall Power which your Lordships mention to reside in His Majesty concerning the Militia, and to make Peace and Warre, we cannot admit thereof, or that it is otherwise exercised then by authority from His Majesty and both Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively; Neither are the Commissioners to have power to make Peace or Warre, but that is referred to the 23d Proposition to be Treated upon in due time.
And for the Navy and Fleet at Sea, the principall meanes to maintaine them, is, to be raised by the free guift of the Subjects out of Tonnage and Poundage, and other payments upon Merchandise, and the Navy and Fleet being a principall meanes of our security, the reasons are the same for them as for the Militia by Land.
And for what your Lordships alleadge concerning Sheriffes, and Justices of Peace, and other legall Ministers, not to raise the Posse Comitatus, or Forces to suppresse Riots, without being liable to the interpretation of the Commissioners; we say this is no part of the Militia to be exercised by the Commissioners, but in executing of Justice and legall Processe, nor can be intended to be any disturbance, but for the preservation of the Peace; Nor can their power of hearing and determining Civill Actions and differences be extended further then preservation of the Articles of the Peace to be made, and as is clearly and plainly exprest in the 27th Proposition.
And whereas we seek the Militia to be setled in the 15th Proposition, and the other parts of our Propositions in order to, and for procuring of a Peace, and which are necessary to a present Ʋnion, your Lordships deferre them untill the Peace shall be established, which delay we hope, upon second thoughts, your Lordships will not judge to be reasonable.
And when your Lordships doe take into serious consideration, the great Calamities, and how occasioned, (to say no more) you cannot thinke, but that we ought to be most carefull of preventing the like for the future.
And seeing all we desire for these so important ends, is limited to a few yeares, we ought to insist upon such a remedy as may be a [Page 94] fitting cure, and in so doing, we hope we shall be justified before God and Man.
Wherefore we againe most earnestly desire your Lordships, as you tender the deplorable Estates of these bleeding Kingdomes, the setling of Religion, the Honour of His Majesty, and the composing these miserable Distractions, that your Lordships will give your full and cleare Answer to our Demands concerning the Militia.
This last Paper was delivered about two of the clock, when the Treaty was at that instant breaking up, and at the same time the King's Commissioners had (upon the like occasion of two Papers of theirs, given in a little before, concerning Ireland hereafter mentioned) delivered in a Paper, No. 179. that they might give answer thereto the next day, dated as of that day, as had been formerly used, which was not granted; so that in Answer to this Paper so earnesty requiring an Answer in the Close thereof; It was impossible to give in any Paper at the present, neither would any be received, but at present.
The Papers touching Ireland.
After the first six dayes of the Treaty, spent upon Religion, and the Militia, according to the same order formerly proposed, the Propositions concerning Ireland, were [...]ext Treated upon, the three dayes followi [...]g, beginning the 7th of February; and the same was also taken up againe the 18th of February, for other three dayes.
Their Proposition [...] touching Ireland, 7. February.
WE desire that an Act of Parliament be passed to make CXXXVI. void the Cessation of Ireland, and all Treaties with the Rebells without consent of both Houses of Parliament, and to settle the prosecution of the War of Ireland, in both Houses of the Parliament of England, to be managed by the joynt advice of both Kingdoms, and His Maiestie to assist, and to doe no act to discountenance, or molest them therein.
The King's Commissioners Paper. 7. February.
WE desire to know, whether the Paper we have received CXXXVII. from your Lordships, containe in it all the demands your Lordships are required by your Instructions to insist upon concerning Ireland, which if it doth, we are ready to enter upon that debate, but if it do not, we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together, being confident that upon a whole view of the busines, we shall give you full satisfaction in that Argument.
Their Paper. 7. Feb.
WE are to insist upon other things concerning Ireland, which CXXXVIII. being part of other Propositions, we conceive not so proper to give your Lordships, till we have received your answer, to our paper formerly delivered, and are ready by present conference, to satisfie any doubts that remain with your Lordships concerning that paper.
Notwithstanding they delivered in these further papers, and Propositions following.
Their Paper. 7. Feb.
VVE desire, that an Act be passed in the Parliament of both CXXXIX. Kingdoms respectively, to confirme the Treaty concerning Ireland of the 6th of August 1642. (which Treaty we herewith deliver) and that all Persons who have had any hand in plotting, designing, or assisting the Rebellion of Ireland, may expect no pardon, and their estates to pay publike debts and damages. And that the Commissioners to be nominated as is appointed in the 17 Proposition, may order the War of Ireland, according to the Ordinance of the 11th of April, 1644. (which we herewith deliver) and to order the Militia, and to conserve the Peace of the Kingdom of Ireland.
And that by Act of Parliament, the Deputy, or cheife Governour, or other Governours of Ireland, be nominated by both Houses of the Parliament of England, or in the intervalls of Parliament, by the said Commissioners, to continue during the pleasure of the said Houses; or in the intervalls of Parliament during the pleasure of the said Commissioners to be approved, or disallowed by both Houses at their next Sitting; And that the Iudges of both Benches, and of the Exchequer in Ireland, be nominated by both Houses of Parliament, to continue Quàm diu bene se gesserint, and in the intervalls of Parliament, by the aforesaid Commissioners to be approved, or disallowed by both Houses at their next sitting.
Together with these last Propositions, they delivered the Treaty of the sixt of August 1644, and the Ordinance of the 11th of April therein mentioned, together with another of the 9th of March; which see in the Appendix, no 7. and 8.
The King's Commissioners Paper, 9. February.
VVE desire to know what your Lordships intend, or expect, CXL. by those words in your No. 136. first paper concerning Ireland, [and His Maiesty to assist] since you propose to have the prosecution of the War of Ireland, to be setled in both Houses of the Parliament of England, to be managed by the joynt advice of both Kingdoms.
Their Answer, 9. Feb.
BY the words in our paper concerning Ireland [and His MajestyCXLI.to assist] we conceive is to be understood, the giving of His Royall assent to such Acts of Parliament, as shall be presented unto Him by both Houses, for raising of monyes from the Subiect, and for other things necessary to the prosecution of the War in Ireland, and to be further ayding by His Power and countenance, in whatsoever shall be requisite for the better carrying on of that War.
The King's Commissioners Paper. 10. Febr.
VVE conceive that His Majestie had, and hath power, to CXLII. make a Cessation in Ireland, and having upon just grounds, and for the good and safety of His Protestant Subjects there, and for the preservation of that whole Kingdom, consented to such a Cessation, we desire to be informed by your Lordships, how that Cessation can be declared voyd, without a breach of Faith and honour in His Majestie? and we are ready by conference particularly to inform your Lordships, of the motives which induced His Majestie to consent to that Cessation.
Their Answer. 10. Feb.
VVE conceive that His Maiestie had not power to make the CXLIII. Cessation in Ireland, nor had any iust grounds to doe the same, and therefore we insist, as in our former paper, That an Act of Parliament be passed to make voy'd the Cessation of Ireland; and conceive that His Maiestie is bound in honour and iustice to consent unto the same, and we are ready to conferre with your Lordships as is desired, and to receive your Lordships full answer to this, & the other particulars, expressed in our paper concerning Ireland.
After long debates in conference, which spent the greatest part of the day, touching the motives of that Cessation, and the King's power to make it, His Majesties Commissioners delivered in this paper;
10. Febr.
WE have received no satisfaction, or information in your CXLIV. Lordships debate, to alter our opinion [...] of His Majesties power, to make the Cessation in Ireland; and having carefully produced and considered the Statute alleadged by your Lordships, we cannot find any particular clause in that Statute, neither have your Lordships mentioned any, (though often desired by us so to do) whereby His Majesties power to make a Cessation there is taken away; and therefore we are still of opinion, that His Majesty had full power to make and consent to that Cessation; and we conceive that we have given your Lordships an account of very just grounds to induce His Majestie to do the same, it appearing to His Maiestie by the Letters and advice from the Lords Iustices, and Councell of that Kingdom, and of the Officers of His Maiesties Army there (which we have read to your Lordships, and of which Letters and advices we now give Copies of the Letters and advices, were accordingly delivered. Copies to your Lordships) that His Maiesties good Protestant Subiects of that Kingdom, were in imminent danger to be Over-runne by the Rebels, and His Army to be disbanded for want of necessary supplies, and that there was no such probable way for their preservation, as by making a Cessation; neither have your Lordships given us any satisfying reasons against [Page 99] the making the said Cessation, or made it appeare to us, that that Kingdom could have bin preserved without a Cessation, and therefore we cannot apprehend how His Maiesty can, with Iustice and honour, declare the same to be voyd.
We shall be ready, against the next time assigned for the Treaty touching Ireland, to give your Lordships a further answer to your Propositions concerning that Argument, the Treaty concerning Ireland of the 6th of August, 1642. and the Ordinance of the 11th of April, 1644. (which we did never see till your Lordships delivered us Copies of them) making so great an alteration in the Government there, that we cannot be prepared for the present to make a full answer to those Propositions.
Their Answer, 10. Feb.
IT is very contrary to our expectation to find your Lordships unsatisfied, CXLV. after those Arguments and Reasons alleadged by us, that His Maiestie had not power to make the Cessation with the Rebels in Ireland, and that upon the perusall of the Statute, it appeares not to you, that His Maiestie had no power to make that Cessation; it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law, from other proceedings in Parliament, and circumstances as this case stands, on which we still insist, and do affirme, that His Maiestie had no power to make or consent to that Cessation; we do not see any iust grounds in the Copies of the Letters, given us by your Lordships, for His Maiesties assenting to the Cessation, nor do we know by whom those Letters were written; we are therefore still clearely of Opinion, notwithstanding all your Lordships have alleadged, that it was unfit for His Maiestie to agree unto that Cessation, being destructive to His good Subiects, and to the Protestant Religion there, and only for the advantage of the Popish Rebels, to the high dishonour of God, the Disservice of His Maiestie, and evident preiudice of His three Kingdoms. We therefore again desire your Lordships full answer to what we have delivered to you concerning Ireland.
The King's Commissioners Paper, 10. February.
WE have given your Lordships our reasons, why we are CXLVI. not satisfied with your Arguments, that His Majesty had not power to make the Cessation; and as upon the perusall of the Statute, we can find no ground for that Opinion, so your Lordships in your whole debate, have not insisted or mentioned one Clause in that Statute (though often desired) which makes See the l [...]te Statute concerning the Adventurers for Ir [...]sh Lands. it good, neither have your Lordships given us any Argument from the Common-Law, other, then by telling us, That it is against the Common-Law, because the private Interest of the Subscribers for Money was concerned in it; to which we give this Answer, That their Interest was Conditionall, upon payment of their Moneys for the maintenance of the Warre, which was not performed; And that if they had paid their Moneys, yet this Cessation was rather for the advance of that Interest, there being (as it appeares by the See the Letters and advices in the Appendix. no. 9. Papers) no other visible meanes of preservation of the Army in Ireland, and that the Statute which gave that private Interest, doth not take away the Kings Power of making a Cessation; and we conceive that Argument of Interest was waved: But it your Lordships shall insist upon it, we againe desire, as we did formerly, That a Case may be made of it, and that the debate may be againe resumed. Neither doe we know that any Argument was used by your Lordships from the proceedings in Parliament; And if you shall give any, we shall be ready to Answer it: And we conceive, that the advice given to His Majesty, from the Lords Iustices and Councell of Ireland, and the Testimony of the Officers of the Army, expressing the miserable condition of that Kingdome, and inability to beare the Warre, should appeare to your Lordships to be just grounds, for His Majesties assenting to the Cessation. One of the Letters delivered by us to your Lordships, bearing date the fourth of April, 1643. was sent by the Lords Iustices and Councell of Ireland, to Mr Secretary Nicholas, in which was inclosed their Letter to the Speaker of the House of Commons, of which your Lordships have likewise an Extract, and a Remonstrance of the Officers of the Army to the [Page 101] Lords Iustices and Councell there; and the other Letter of the fifth of May, 1643. to His Majesty, was from the Lords Iustices and Councell of that Kingdome: All which (if your Lordships please) shall be examined by you with the Originalls; And we are therefore of opinion, that our Answer formerly delivered, is a good Answer to the point of Cessation in question. And that it was not unfit for His Maiesty to agree to that Cessation, nor destructive to the Protestant Religion, nor for the advantage of the Popish Rebells: but much for the advantage of the Protestant Subjects there, who were in apparent hazard of destruction by Force and Famine, occasioned by the want of Supplies, which had been promised to them, as we have formerly said. And we shall give yout Lordships a further Answer to your other Propositions concerning Ireland, when the time comes againe for that Debate.
Here ended the first three dayes of the Treaty concerning Ireland, and the night before the return of the next three dayes, their Commissioners delivered this Paper.
17. February.
VVE conceived that the Arguments used by us, that His CXLVII. Maiesty neither had, or hath power to make the Cessation with the Rebells of Ireland, might have fully satisfied your Lordships, and if any doubts yetremaine, we are ready by Conference to cleare them. Your Lordships may well call to minde the severall Clauses we insisted upon in the Statute, and the Arguments we have given from the Common-Law, and other proceedings in Parliament; And we doe affirme that severall great Summes of Money were paid by particular Persons, and by Corporations, who according to the true intent of the Statute, ought to have the benefit of the same, according to divers other Acts of Parliament in pursuance thereof; and upon failer of payment by any particular Persons, the forfeiture was to accrew to the Common benefit of the rest, not failing; And we doe deny that the Argument of Interest was at all waved by us. And we conceive those wants alleadged by your Lordships (if any such were) in iustifying [Page 102] the Cessation, were supplied from time to time by the Houses of Parliament, untill His Maiesties Forces were so Quartered in and about the common Roades to Ireland, that Provisions going thither were intercepted, and neither Money, Clothes, Victualls, or other things could passe by Land, with safety to be transported. And when that both Houses of Parliament were desirous further to supply those Wants, and for that purpose did tender a Bill to His Majesty, It was refused. And we still alleadge that we have no reason to be satisfied concerning the Cessation by any Arguments used by your Lordships, or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordships, as from the Lords Justices and Councell of Ireland, and the Officers of the Army, nor (though desired by us) have your Lordships afforded us Liberty to compare those Extracts with the Originalls, whereby we might have the names of the Persons by whom they were written, which we now againe desire. We are therefore still clearly of Opinion as is expressed in our former Paper of the 10th of February, concerning the Cessation, and doe desire your Lordships full Answer to our Demands concerning Ireland.
The King's Commissioners Answer. 18. February.
VVE did not conceive that your Lordships had beleeved CXLVIII. that any Arguments used by you could satisfie us against His Majesties Power to make a Cessation with the Rebell [...] in Ireland, which appeares to have been made by Him, by the Advice of his Councell there, and for the preservation of His Majesties Protestant Subjects of that Kingdome, who in all probability would have perished by Famine and the Sword, if that Cessation had not been made; And we shall be very ready to receive farther Information from your Lordships by Conference, or otherwise, in that particular, either concerning any Clauses in the Statute, or Arguments at Common-Law, or proceedings of Parliament (your Lordships having never mentioned the one, or made any Case upon the other) upon which you intend to insist. And for the severall great Summes of [Page 103] Money that were paid by particular Persons and Corporations, upon that Statute mentioned by your Lordships, we are sorry that we are compelled by your Lordships insisting thereon, to informe your Lordships, that His Majesty had cleare information, that not only much of the money raised by the Act for the 400 thousand pound, which was passed, for the better suppressing that most wicked and execrable Rebellion in Ireland, and for the payment of the debts of this Kingdom, but also of the Mony raised by the Statute (on which your Lordships insist) for the speedy and effectuall reducing of the Rebels of Ireland, &c. and other moneys raised by Contribution and Loane, for the reliefe of His Majesties distressed Subjects of that Kingdom, were expended, contrary to the intent of the Acts by which the same were levied, and of the Persons who lent and contributed the same, towards the maintenance of the Forces in this Kingdom, under the Command of the Earle of Essex; And that many Regiments of Horse and Foot, leavied for the Warre of Ireland, under the command of the Lord Wharton, the Lord Kerry, Sir Faithfull Fortescue, and others, were likewise imployed in that Army under the Earle of Essex at Edge-Hill, and therefore His Majesty refused to consent to the Bill, presented to His Majesty after this, for the Levying more mony for Ireland, justly fearing, that the same might be used, as the former had been; And for the few cloathes (for there were no Moneys) intercepted by His Majesties Souldiers, in His Maiesties Quarters, which are said to be intended for Ireland, the same were intercepted neere Coventrey, and going thither, after that City had refused to receive His Maiesty, though at the Gates. But His Maiesty never refused to give any safe Passe through His Quarters, for any Goods or Provisions which were intended or prepared for Ireland, neither was the same ever desired. For the extracts and Copies of the Letters delivered by us to your Lordships, from the Lords Iustices and Councell of Ireland, and the Officers of the Army, We have been, and are willing that your Lordships should compare them with the Originalls; But for your having the names of the Persons who writ the same (since [Page 104] there can be no doubt of the truth of our Assertions) we conceive it not reasonable to desire the same, not knowing what inconvenience any of them (since you seem not to like that advice) might incurre, if at any time they should be found within your Quarters. And having now satisfied your Lordships in the Matter of the Cessation, we shall gladly proceed in the Treaty with your Lordships, upon any thing that may be apparently good for His Maiesties Protestant Subiects there, and the resetling of that Kingdom in His Maiesties Obedience.
Their Reply. 18. Feb.
WE doe conceive, that the Arguments used by us, might CXLIX. have fully satisfied your Lordships, against His Majesties power to make a Cessation with the Rebells in Ireland, having answered whatsoever your Lordships have hitherto alleadged to the contrary; and Offered, if any other doubts yet remaine, by conference to cleare them, which still we are ready to doe; And we have heard nothing just, or reasonable for that Cessation. It will be made evident, that the necessities, which by your Lordships were made excuses for the Cessation, were created on purpose to colour the same, and we are compelled by your Lordships paper, to let you know, that the Committees of Parliament, sent into Ireland, to endeavour to supply their necessities, were discountenanced by the principall instruments for that Cessation, and when they had taken up 2000l upon their personall security for the Army there, they were presently after commanded from the Councell, by a Letter brought thither from His Majesty, by the Lord Ormonds Secretary; And when the Officers of the Army were contented to subscribe for Land, in satisfaction of their Arreares, it was declared from His Majesty, that He disapproved of such subscriptions, whereby that course was diverted. And we doe affirme, that what ever summes of money raised for Ireland, were made use of by both Houses of Parliament, were fully satisfied with advantage, and as we are informed, before the Bill mentioned in our former paper was refused by His Majesty; And for the Regiments of Horse and Foot mentioned by your Lordships, to be [Page 105] raised for Ireland▪ and imployed otherwise by the Houses of Parliament: It is true that Forces were so designed, and when the Money, Armes and other Provisions were all ready, and nothing wanting but a Commission from His Majesty for the Lord Wharton who was to Command them, the same could not be obtained, which was the cause those Forces did not goe thither, and when twelve Shipps, and six Pinnaces were prepared with 1000, or more land Forces, for the service of, Ireland, and nothing desired but a Commission from His Majesty, the Shipps lying ready and staying for the same, were three weeks together at 300l a day charge, yet the same was denyed, though often desired. And where your Lordships seem to imply, that the provisions seized by His Maiesties Forces, were going for Coventrey, it was made known to His Maiesty, that the same were for Ireland. And your Lordships must needs conceive (that the papers you delivered to us, being but Extracts, and for that you deny us, so to compare them with the Originalls, as to have the names of the Persons, by whom they were Written) it is altogether unreasonable for us to give any credit to them, it being manifest by this, and our former papers and debates, that the Cessation with the Rebels in Ireland is both unjust and unlawfull: We therefore insist on our demands concerning Ireland, as apparently good for His Maiesties Subjects there, and for reducing that Kingdom to His Maiesties Obedience.
Before His Maiesties Commissioners gave answer to this last paper, they being also to answer the rest of the demands concerning Ireland, for their necessary information, touching some doubts that did arise upon those demands, and the Articles of the Treaty, of the 6th of August concerning Ireland, and Ordinances delivered with them, the Kings Commissioners gave in these severall papers.
The King's Commissioners first Paper, 19. February.
IN the eight Article of the Treaty, for the comming of the CL. Scots Army into England, dated 29. Nov. 1643. at Edenbourgh, [Page 106] delivered to us by your Lordships, among the papers for Ireland, and desired by the 12th Proposition, to be confirmed by Act of Parliament; It is agreed that no Cessation, nor any Pacification or agreement for Peace whatsoever, shall be made by either Kingdome, without the mutuall advice and consent of both Kingdomes, or the Committees in that behalfe appoynted, who are to have full power for the same, in case the Houses of the Parliament of England, or the Parliament, or Convention of Estates of Scotland, shall not sit. We desire to know whether that Article extend to any Cessation, Pacification, or Agreement in Ireland.
The Answer. 19. Febr.
WE did, in answer to your Lordships Paper of the first of CLI. February, upon the Propositions concerning Religion, deliver the Treaty of the 29th of November 1643. mentioned by your Lordships, and not among the Papers for Ireland, to which it hath no relation.
The King's Commissioners Reply. 20. February.
YOur Lordships did deliver the Treaty of the 29th of November, CLII. 1642. to us, with the Papers concerning Ireland, and on the 7th day of this instant February, and not upon the first of February, upon the Propositions concerning Religion.
Their Answer. 20. Feb.
WHen your Lordships peruse your Papers, you will rest CLIII. satisfied, with our Answer of the 19th of this instant, to your first Paper that day given to us, for it will appeare by your Lordships 3d Paper of the first of February, and our Paper given to your Lordships in answer of it, that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordships on the first of February, upon the Proposition of Religion, and not upon the 3d of February, with the Papers concerning Ireland.
The Article of the Treaty, of the 29. of November 1643. which occasioned these Papers, being by their Papers thus acknowledged not to concerne Ireland, and so not pertinent to that subject, the Kings Commissioners insisted no farther.
The King's Commissioners second Paper. 19. February.
BY the 13th Proposition it is demanded, that an Act be CLIV. passed to settle the prosecution of the Warre of Ireland in both Houses of Parliament of England, to be managed by the joynt advices of both Kingdoms. We desire to know, Whether if the two Kingdoms shall not agree in their advice touching that Warre, each have a Negative voyce, or whether the Scots Commander in chiefe of the Forces in Ireland, may manage that Warre in such case, according to his own discretion.
Their Answer. 19. Febr.
IN answer to your Lordships second paper, the prosecution of CLV. the Warre of Ireland, is to be setled in the two Houses of the Parliament of England, but is to be managed by a joynt Committee of both Kingdoms, wherein the Committee of each Kingdom hath a Negative voyce; but in case of disagreement, the Houses of Parliament of England, may prosecute the Warre as they shall think fit, observing the Treaty of the sixth of August 1642. between the two Houses, and the Estates of the Parliament of Scotland, and the Ordinance of the 11th of April, 1644. delivered to your Lordships formerly.
The King's Commissioners third paper. 19. February.
BY the 20th Proposition, in the Intervals of Parliament, the CLVI. Commissioners for the Militia, have power to nominate the Lord Deputy of Ireland, and other Officers a [...]d Judges there. We desire to know, whether that power be limited to the Commissioners of both Kingdoms, or only to the Commissioners [Page 108] for England, and whether in such cases, the Commissioners in Scotland, shall vote as single persons?
Their Answer, 19. Feb.
THe power of the Commissioners, in the Intervals of Parliament, CLVII. to nominate the Lord Deputy of Ireland, and other officers and Iudges there, mentioned in the 20th Proposition, being no matters of joynt concernments, is to be limited to the Commissioners for the Parliament of England, wherein the Commissioners of Scotland are to Vote as single persons.
The King's Commissioners fourth Paper. 19. February.
THe Articles of the Treaty of the sixth of August, giving CLVIII. power to the Lievtenant of Ireland (when the Scottish Army shall be joyned with His Army) to give Instructions to the Scottish commander in chiefe, and the Orders of the two Houses of the 9th of March 1644. and the 11th of Aprill, See all these in the Appendix. 1644. appoynting the Generall of the Scottish Forces in Ireland, to command in chiefe, over all the Forces, as well Brittish as Scots, and both being desired to be enacted. We desire to know, whether the Lievtenant of Ireland shall command the Scots Forces, or whether the Scottish Generall, shall command all Forces, both Brittish and Scots?
Their Answer. 19. Feb.
IN Answer to your Lordships 4th Paper, we say that the Ordinances CLIX. of the 9th of March, and 11th of Aprill 1644. were made when there was no Lievtenant of Ireland, and when a Lievtenant shall be made, with the approbation of both Houses, according to our former Demands in the [...]7th and 20th Propositions, it will be a fitting time to give further Answer to your Lordships.
The King's Commissioners Reply, 20. Feb.
VVE desire a full answer from your Lordships, to our CLX. fourth paper, delivered to your Lordships yesterday, concerning the Power of the Lord Lievtenant of Ireland, and the Generall of Scots Forces, your Lordship having proposed to us that the Articles of the Treaty, and the Ordinance of the 11. of April, be enacted by His Maiestie; by one of which the Generall of the Scotch Forces is to receive instructions for the manageing the War there from the Lievtenant of Ireland; and by the other (which is the later) the Generall of the Scots Forces is to command in cheif, both the Brittish and Scots Forces, by which it seemes the Lievtenant of that Kingdom is to have no power in the prosecution of that War.
Their Answer, 20. Feb.
WE do insist upon our former papers, that the prosecution of CLXI. the War in Ireland, is to be setled in both Houses of Parliament, and is to be managed by the ioynt advice of both Kingdoms, as in those Papers is set down, and when a Lievtenant of Ireland shall be appointed, as is expressed in the Propositions; and it shall be necessary for the good of the service, that he and the Commander in chief of the Scottish Army ioyn; The Commander of the Scottish Army shall receive Instructions from the Lord Lievtenant or Deputy, or other who shall have the cheif Government of that Kingdom for the time, according to the Orders which shall be given by the Commissioners of both Kingdoms.
The King's Commissioners fifth Paper, 19. February.
THe last part of the 17th Proposition gives power to the CLXII. Commissioners for the Militia of both Kingdoms, as a ioynt Committee to order the War of Ireland, according to the Ordinance of the 11th April, and to order the Militia, and conserve the Peace of the Kingdom of Ireland, and by that of the 11th of April, the Earle of Leven being appointed Commander [Page 110] in cheif over all the Forces, as well Brittish as Scots: We desire to know, whether he shall be subordinate to those Commissioners for the Militia, and be obliged to observe such orders as he shall receive from them.
Their Answer, 19. Feb.
THe Commissioners of the Militia desired by the 17th Proposition, CLXIII. are to order the War of Ireland, according to the Ordinance of the 11th of April, and the Earle of Leven being by that Ordinance Commander in cheif of the Forces there, is obliged to observe such Orders, as he shall receive from those Commissioners.
Their Commissioners likewise the same 19 of Feb. delivered in some Papers of Demands on their part.
Their Answer. 19. Feb.
WE desire that no Cessation of Armes, or Peace in Ireland CLXIV. may be Treated upon, or concluded, without consent of both Houses of Parliament of England.
Another, 19. Feb.
WE desire to know, whether any Peace or Cessation of Armes CLXV. in Ireland, be consented unto by His Majestie, and for what time, and whether any Commission be now on foote, or other authority given by His Majestie for that purpose.
The King's Commissioners Answer to both, 20. February.
CLXVI. TO your Lordships Which were the two next precedent Papers. sixt and seventh Papers delivered to us yesterday concerning any Peace or Cessation of Armes in Ireland, your Lordships well know that long after the Warre begun in this Kingdom, and the want of a supply from hence, that a Cessation hath bin made with His Majesties consent, and we conceive that the same expires in March next, and we are confident there is no Peace made there: But for the making a [Page 111] Peace, or a farther Cessation, we can give no farther answer till we may know, whether there may be a blessed Peace made in England, since if the miserable Civill Warrs shall continue in th [...] Kingdom, we cannot conceive it possible for His Majestie by Force to reduce the Kingdom of Ireland, or to preserve His Protestant Subjects there, without a Peace or Cessation.
Their Reply, 20. Febr.
WE conceive your Lordships have given no answer to us, whether CLXVII any Commission be now on foot, or other authority given by His Majestie for any Peace, or Cessation of Armes in Ireland, other then that which determines in March next, nor to our desire that no Cessation of Armes, or Peace in Ireland, may be Treated upon, or concluded, without consent of both Houses of the Parliament of England; nor do we understand why your Lordships should delay your answer herein till the Peace in England be concluded, since it hath bin so clearly manifested to your Lordships, by the true meaning of the Act passed by His Majestie this Parliament, that His Majestie can make no Peace nor Cessation without the consent of the two Houses, and that your Lordships satisfactory answer to this, and our other demands concerning Ireland, will much conduce to the setling the Peace of this Kingdom, we therefore again desire your Lordships full and clear answer to the particulars expressed in our sixt and seventh papers, yesterday delivered to your Lordships.
The King's Commissioners Answer, 20. Febr.
WE do not hold our selves any wayes obliged to answer CLXVIII. your Lordships demand, whether any Commission be on foot, or other authority from His Majesty, for a Peace or Cessation of Armes in Ireland, (that question not arising upon any Propositions on His Majesties part) yet for your Lordships satisfaction, we do again assure you, we do not know there is any Peace or Cessation made there, other then that which determines in March next. But what Commission the Marquesse of [Page 112] Ormond, as Lievtenant of Ireland, or G [...]nerall of the Forces there, hath to that purpose, we do not know, and therefore cannot inform your Lordships. And as to the other particulars in that paper, we do The two Papers following, no. 171, & 172. were delivered in before this Paper, and the reference is to them, and others, formerly delivered on that subject. refer our selves to the answers formerly given in to your Lordships demands, touching that subject, with this, that we do conceive it to be most clear, that His Majesty is in no wise restrained by expresse words, or by the meaning of any Act made this Parliament, from making a Peace, or a Cessation in Ireland, without the consent of the two Houses.
Their Paper, 19. Feb.
THere being but 3 dayes left to Treat upon the Propositions CLXIX. for Religion, the Militia, and for Ireland, and for that your Lordships have given no satisfactory answers to our d [...]mands concerning them, we therefore now desire to confer with your Lordships, how to dispose of the 3 dayes yet remaining, that we may receive your Lordships full and clear answers thereunto?
The King's Commissioners Answer, 19. February.
WE see no cause why your Lordships should think our CLXX. Answers upon the Propositions for Religion and the Militia were not satisfactory. And for that of Ireland, we have received many Papers from your Lordships concerning that businesse, besides the Propositions themselves, to all which, we doubt not to give a full and cleare Answer to your Lordships to morrow, being the time assigned, and the last day of the Treaty upon that subject. See the Paper, 20. Feb. no. 192. touching His Majesties returne to Westminster. After we shall be ready to conferre with your Lordships of disposing the remainder of the time.
Accordingly after the before mentioned Demands, and Answer thereunto of the 19th of February, the King's Commissioners in Answer to theirs of the 18th of February, No. 149. delivered in this Paper.
20. February.
VVE have already told your Lordships, how farre we CLXXI. are from being satisfied by what you have alleadged against His Majesties Power to make a Cessation with the Rebells in Ireland, neither have your Lordships in any degree answered the important reasons which induced His Majesty so to doe, it being very evident, that by the Cessation there, His Majesties Protestant Subjects have been preserved and subsisted, which without it they could not have done, the two Houses forbearing to send any reliefe or supply to them, and His Majesty not being able. And we desire your Lordships to consider how impossible it was, whilest the Warre continued in England with such fiercenesse and animosity, by Armes to reduce the Kingdom of Ireland to His Majesties Obedience, and therefore His Majesty had great reason to preserve that by a Cessation, which He could not reduce by a Warre; And we are most confident, that the necessities (which are not offered as excuses for, but were the reall grounds of the Cessation) were very visible to all those in that Kingdome, whose advices His Maiesty ought in reason to follow, and whose interests were most concerned, and would not have given such advice, if any [...]ther way could have been found out to preserve them; And we have been credib [...]y i [...]formed, that the Committee sent into Ireland (which His Maiesty never understood to be sent thither to supply the necessities, but to observe the Actions of His Maiesties Ministers there, having, in their [...]ourney thither, signed Warrants in their owne names, to apprehend the Persons of Pecres of this Realme, and Persons of His Maiesties Privy Councell) were never discountenanced there for His Maiesties directions, that Persons who were not of His Privy Councell there, should not be present at those Councells, cannot be interpreted a discountenance to them in any thing they ought to doe; And we are most assured, that His Maiesty sent no Message or Letter to divert the course of the Officers Subscribing for Land in satisfaction of their Arreares, but the Souldiers were meerly discouraged from the same, by discerning that for want of Supplies, they should not be able to goe on with that Warre; And [Page 114] we doe assure your Lordships, that His Majesty doth not beleeve, that the Summes of Money raised for Ireland (which your Lordships doe admit to have been made use of by both Houses of Parliament, otherwise then was appointed) are yet satisfied in any proportion, the greatest part of the Money raised upon the Bill for 400000l, and of the Moneys raised upon the charitable Collections, as well as the Adventurers Moneys being imployed upon the Warre here; And if the same were since satisfied, it doth no wayes excuse the diverting of them, when in the meane time that Kingdome suffered by that divertion; And that the feare that other moneys so raised, might likewise be misimployed, was a great reason (amo [...]gst others) that made His Majesty not consent to that Bill mentioned by your Lordships; And for the Regiments of Horse and Foot, which your Lordships, in your Paper of the 18th of this month, say were designed for Ireland, though they were imployed otherwise, because a Commission could not be obtained for the Lord Wharton, who was to Command those Forces, It is well knowne, that those Forces were raised before His Majesties Commission was so much as desired, and then the Commission that was desired, should have been independent upon His Majesties Lievrenant of that Kingdome, and therefore His Maiesty had great reason not to consent to such a Commission; and so the damages of keeping those six Pinnaces, and the 1000 Land Forces (if any such were) proceeded not from any default of His Majesty; And for the Provisions seized by His Maiesties Forces, it is notorious that they were seized in the way to and neare Coventrey, and that it was not made knowne to His Majesty, that the same were for Ireland, till after the seizure thereof, when it was impossible to recover the same from the Souldiers, who had taken them; Whereas if a safe Conduct had been desired by His Majesty, as it ought to have been, the same being to passe through his Quarters, there would have been no Violence or Interruption offered; For the giving the Names of the Persons, who subscribed the Letters delivered to your Lordships (the Originalls of which have been shewed to you by us) We have given your Lordships a full and reasonable [Page 115] Answer, and if your Lordships will assure us, that the giving their names to you, shall be no prejudice to the Persons who did subscribe, if at any time any of them shall be found within your Quarters, we will forthwith deliver their names to you; otherwise we conceive your Lordships cannot, but give credit to that We have said, and shewed to you; all which, we hope hath clearly satisfied your Lordships, that the Cessation with the Rebels was neither unjust or unlawfull, and that you will proceed to satisfie us by what meanes the Warre may be managed in Ireland, with probable hope of the preservation of His Maiesties Protestant Subiects there, we being very willing to concurre with your Lordships in any iust and honourable way, for the good and settlement of that miserable Kingdome.
And together with this last, the King's Commissioners delivered in this other Paper.
20. February.
HAving given your Lordships cleare Reasons, why the CLXXII. Cessation which hath been made in Ireland, is not in reason or [...]ustice to be made voyd, and that the making voyd thereof (if the same might be done) is not or cannot be for the benefit or advantage of His Maiesties Protestant Subiects in that Kingdome, so long as the unhappy Warres in this Kingdome continue; To the other part of your Lordships first Paper concerning Ireland for the prosecution of the Warre there, to be setled in both Houses of the Parliament of England, to be managed by the ioynt advice of both Kingdomes, and His Maiesty to assist, we say, That it appeares by the other Papers delivered to us by your Lordships, as the Articles of the Treaty of the sixth of August, and the Ordinances of the eleventh of April, and ninth of March, and otherwise, That the intent is, that that Warre shall be managed by a joynt Committee of both Kingdomes, and that the Committee of each Kingdome, shall have a Negative voyce, and consequently it is very probable that upon difference of Opinion between them, that Warre may stand still, or to the utter ruine of His Maiesties good Subjects [Page 116] there be absolutely dissolv'd; For whereas your Lordships say, That in case of such disagreement, the Hou [...]es of the Parliament of England may prosecute the War as they shall think fit, observing the Treaty of the sixth of August, 1642. and the Ordinance of the 11th of April, your Lordships well know, that by that Treaty and that Ordinance, the two Houses of the Parliament of England alone, cannot prosecute that Warre, that Ordinance of the 11 of April, expresly making the Earle of Leven the Scots Generall, Commander in cheife of all Forces in that Kingdom, both Brittish and Scottish, without any reference unto His Majestie, or His Lievtenant of that Kingdome, and di [...]ecting that the Warre shall be managed by the Committee of both Kingdoms, without any other reference to the two Houses of the Parliament of England; and therefore we cannot consent that such an Act of Parliament be passed for the confirmation of that Treaty, or the Ordinance of the 11th of April, as your Lordships propose, by reason that thereby all His Majesties authority would be wholly taken away in that Kingdom; And in truth that whole Kingdom be thereby delivered into the hands of His Maiesties Subiects of Scotland, which we conceive is neither just, prudent, or honourable to be done; And we are of opinion, that it is not agreeable to His Majesties honour, or the justice and protecttion which He owes to His Subiects of His Kingdom of Ireland, to put the nomination of His Lievtenant, and Iudges of that Kingdom, out of Him selfe, and to committ the whole power of that Kingdom to others, and to binde Himselfe to passe all such Acts of Parliament, as any time hereafter shall be presented to Him, for raising of Moneys, and other things necessary for the prosecution of the War in that Kingdom, which your Lordships say in your paper the 9th of this instant, you intend by those words [His Maiestie to assist,] in your first paper; And we conceive it cannot be expected that His Maiestie should consent to an Act of Parliament for prosecution of the War in Ireland, to be managed by the advice of the Houses of Parliament here, and the Estates of the Parliament of Scotland, so long as the War in this Kingdom shall continue.
For these and many other reasons, we conceive it doth app [...]a [...]e to your Lordships, that the Propositions, as they are delivered to us by your Lordships, are by no meanes fit to be consented to; and therefore we desire your Lordships to make other Propositions to us, which may be for the preservation and releif of His Majesties Protestant Subjects there, and for the settlement of that Kingdom, in which we shall very readily concurr, and we shall be very willing that the businesse of that Kingdom shall, after a Peace setled in this, be taken into consideration, and ordered as His Maiestie, and both Houses of Parliament here shall think fit.
Their Answers to these two Papers, Their Paper, 20. Feb.
VVE expected that your Lordships would have bin fully satisfied CLXXIII. by what we have alleadged against His Majesties power, to make the Cessation with the Rebells in Ireland, and w [...] cannot find those important reasons, which your Lordships mentioned to have induced His Majesty so to do, or that thereby His Majesties Protestant Subiects there have bin preserved, or subsisted; but we have made it evident, that this Cessation tended to the utter destruction of the Protestants in that Kingdom, as we conceived was designed by those who advised His Majesty thereunto, and we observe your Lordships urge that this Cessation was the onely meanes for the subsistance of the Protestants there, when it cannot be denyed, but that very many of the Protestants in Vlster, Munster, & Connaught, have yet subsisted, although they have refused to submit to the Cessation, & opposed the same, as the meanes intended for their ruine; and we do affirme unto your Lordships, that the 2 Houses of Parliament have bin so far from failing to supply His Majesties good Subjects in that Kingdom, that although His Majesties Forces have as much, as lay in their power, endeavoured to prevent the same and have taken to themselves that which was provided for those whom your Lordships mention to have bin in so great want and extremity, y [...]t the two Houses not discouraged [Page 118] thereby, have constantly sent great proportions of all necessary supplyes unto the Protestants there, whereby they have subsisted, and have very lately sent thither, and have already provided to be speedily sent after in Money, Victuals, Clothes, Ammunition, and other necessaries, to the value of seavenscore thousand pounds: And they have not desired any other provision from His Majestie, but what he was well able to afford herein, only His Assistance and consent in joyning with His two Houses of Parliament, for the better [...]nabling them in the prosecution of that Warre; and we are so far from apprehending any impossibility of reducing that Kingdom, dureing the unhappy Distractions here, that although many of the Forces provided by the two Houses for that end, were diverted and imployed against the Parliament, to the increasing of our distractions, yet the Protestants in Ireland have subsisted, and do still subsist, and we have just cause cause to beleive, that if this Cessation had not bin obteyned by the Rebels (and that in the time of their greatest wants) & that these Forces had not bin withdrawn, they might in probability have subdued those bloody Rebels, and finished the War in that Kingdome: For the pretended necessities offered, as grounds of this Cessation, we have already given your Lordships, (We hope) cleare information; For the persons whose advice His Maiestie followed therein, your Lordships have not thought fit to make them knowne unto us, and we cannot conceive their interest in that Kingdom to be of such consideration as is by your Lordships supposed; But we know very well, that many persons of all sorts have forsaken that Kingdome, rather then they would submit unto this Cessation, and great numbers of considerable persons and other Protestants yet remaining there, have opposed, and still do oppose that Cessation, as the visible meanes of their destruction. The two Houses sent their Committees into Ireland, for the better supplying and encouraging of the Armies there, and to take an account of the State of the Warre to be represented hither, that what should be found defective might be supplied. What Warrants they issued we are ignorant off, but are well assured that what they did was in pursuance of their duty, and for advancement of the publique service, and suppressing of that horrid Rebellion; and we cannot but still affirme they were discountenanced [Page 119] and commanded from the Councell there, where the prosecution of that Warre was to be managed, and that i [...] was Declared from His Majesty, that he disapproved of the subscriptions of the Officers of the Army, by meanes whereof that course was diverted.
Concerning the monies raised for Ireland, we have in our former Papers given your Lordships a full and iust answer, and we are sorry the same cannot receive credit, those monyes raised upon charitable collections, we do positively affirme were only imployed to those ends for which they were given, and we cannot but wonder the contrary should be suggested; we are confident the Commission desired by the two Houses for the Lord Wharton (and which your Lordships acknowledge was denied) was only such as they conceived most necessary for advancement of that service, and the deniall thereof proved very prejudiciall thereunto; And we must againe informe your Lordships, that it was well knowne at the time when the goods were seised by His Maiesties Forces (as your Lordships alledge neare Coventry) that the same were then carrying for the supply of the Protestants in Ireland, and some other provisions, made and sent for the same purpose, were likewise seised & taken away by some of his Maiesties Forces, as we have bin credibly informed, not without his Maiesties own knowledge & direction; your Lordships may believe that those who signed the Letters, mentioned in your Papers, have done nothing, but what they may well iustifie, and if the same be well done, they need not feare to give an Accompt thereof, nor your Lordships to suppose that if they come within our Quarters they shall be otherwise dealt withall then shall be agreeable to Justice. Ʋpon the whole matter, notwithstanding the allegations, pretences, and Excuses, offered by your Lordships, for the Cessation made with the Rebels in Ireland, we are clearly satisfied, that the same was altogether uniust, unlawfull, and destructive to His Maiesties good Subiects, and of advantage to none but the Popish bloudy Rebels in that Kingdom; And therefore we still earnestly insist, as we conceive our selves in Conscience and duty obliged upon our former demands concerning Irelan [...], which we conceive most iust and honourable for His Ma [...]esty to consent unto. We know no other wayes to propound more [Page 120] probable for the reducing of the Rebels there, but these being granted, we shall chearfully proceed in the managing of that War, and doubt not by [...]ods blessing, we shall speedily settle that Kingdome in their due Obedience to His Maiesty.
Their other Paper. 20. Feb.
VVE cannot understand how out of any of the Papers, Articles, CLXXIV. and Ordinances, delivered by us unto your Lordships, there should be a ground for your opinion, that upon any differences between the Committees or Commanders, imployed about the Warre of Ireland, the Warre should stand still or be dissolved; nor doe we find that the Ordinance of the 11th of Aprill can produce any such inconvenience as your Lordships do imagine; Nor doth the making of the Earle of Leven Commander in chiefe of the Scottish and Brittish Forces, and the setling of the prosecution of the Warre of Ireland, in the two Houses of the Parliament of England, to be managed by the joynt advice of both Kingdoms, take away the relation to His Majesties authority, or of the two Houses of Parliament, or of the Lord Lieutenant of Ireland; For in the first place, His Majesties consent is humbly desired, and the whole power is derived from him, only the execution of it is put into such a way, and the Generall is to carry on the Warre, according to the Orders he shall receive from the Committee of both Kingdoms, and in case of disagreement in the Committee, the two Houses of Parliament are to prosecute that Warre as is expressed in our Answer to your Lordships second Paper of the 19. of February. And when there shall be a Lieutenant of Ireland, and that he shall joyne with the Commander in chiefe of the Scottish Army, the said Commander is to receive Instructions from him, according to the Orders of the Commissioners of both Kingdoms, as we have said in our answere to your Lordships second Paper of this day; nor doth the naming of the Earle of Leven to be Generall, any more take away the power of the two Houses, then if he were a Native of this Kingdome, or is there any part of the Kingdom of Ireland, delivered over into the hands of His Majesties Subjects of the Kingdom of Scotland, [Page 121] who doe only joyne with their Councells and Forces, for carrying on the Warre, and reducing that Kingdom to His Majesties obedience; And we conceive it most conducing for the good of His Majesties service, and of that Kingdom, that the Lieutenant and Judges there, should be nominated by the two Houses of Parliament, as is expressed in the 20. Proposition, who will recommend none to be imployed by His Maiesty, in places of so great trust, but such, whose known ability and integrity shall make them worthy of them, which must needs be best known to a Parliament; Nor are they to have any greater power conferred upon them, by the granting this Proposition, then they have had, who did formerly execute those places; And we know no reason, why your Lordships should make difficulty of His Maiesties consenting to such Acts, as shall be presented unto Him, for raising moneys, and other necessaries from the Subiect, which is without any charge to Himselfe, for no other end, but the setling of the true Protestant Religion in that Kingdom, and reducing it to His Maiesties Obedience, for which we hold nothing too deare, that can be imployed by us. And we cannot but wonder that your Lordships should make the prosecution of the Warre of Ireland, which is but to execute Justice upon those bloody Rebels, who have broken all Lawes of God and Man, their Faith, their Alleageance, all bonds of Charity, all rules of Humanity, and Humane society, who have Butchered so many thousands of Innocent Christians, Men, Wo [...]men, and Children, whose blood cries up to Heaven for Vengeance, so many of His Maiesties Subiects, whose lives He is bound to require at their hands that spilt them, and to doe Justice upon them, to put away innocent blood from Himselfe, His posterity, the whole Land, these execrable antichristian Rebels, who have made a covenant with Hell, to destroy the Gospell of Christ, and have taken up Armes to destroy the Protestant Religion, to set up Popery, to rend away one of His Majesties Kingdoms▪ and deliver it up into the hands of strangers for which they have negotiations with Spaine and other States; a Warre which must prevent so much mischiefe, doe so much good, offer up such an acceptable sacrifice to the great and just God of Heaven, who groanes under so much wickednesse to lye so long unpunished; [Page 122] A Warre which must reduce that Kingdom unto His Majesties obedience, the most glorious work that this Kingdom can undertake; That the prosecution of such a Warre, your Lordships should make to depend upon any other condition; that the distractions of these Kingdoms, should be laid as an impediment unto it, and that there should be any thought, any thing which should give those Rebells hope of impunity, if our miseries continue; whereas according to Christian reason, and the ordinary course of Gods providence, nothing can be more probable to continue our miseries, then the least connivance in this kind; what can be said or imagined should be any inducement to it, we hope not to make use of their help and assistance, to strengthen any party here, to bring over such Actors of barbarous cruelties, to exercise the same in these Kingdoms; we desire your Lordships to consider these things, and that nothing may remaine with you, which may hinder His Majesty from giving His consent to all good means for the reducing of Ireland, according to what is desired by us in our Propositions.
The King's Commissioners Reply to the two last Papers.
The King's Commissioners Paper, 20. February.
WE are very sory, that our answere formerly given to CLXXV. your Lordships, in the businesse of the Cessation, which was so necessary to be made, and being made to be kept, hath not given your Lordships satisfaction; and that your Lordships, have not rather thought fit to make the reasonablenesse of your Propositions concerning Ireland appeare to us, or to make such as might be reasonable in the stead, then by charging His Majesty, with many particulars, which highly reflect upon His honour, to compell us to mention many things, in answer to your Lordships Allegations, which otherwise in a time of Treaty, when we would rather endeavour to prevent future inconveniences, then to insist on past mistakes, we desired to [Page 123] have omitted; And we can no wayes admit, that when the Cessation was made in Ireland, His Maiesties Protestant Subjects there, could have subsisted without that Cessation, nor that the Warre can be maintained and prosecuted to the subduing the Rebels there, so long as the Warre continues in this Kingdom, which are the chiefe grounds laid for the assertions in your Lordships first Paper delivered this day, concerning the businesse of Ireland; neither can we conceive, that your Lordships have alleadged any thing, that could in the least deg [...]ee satisfy us, that His Majesty had no power to make that Cessation, or had no reason so to doe, considering (as we have formerly said, and doe againe insist upon it) that by that Cessation, (which was not made till long after this Kingdom was embroyled in a miserable Warre) the poore Protestants there, (who for want of supplies from hence were ready to famish and be destroyed) were preserved, and that Kingdome kept from utter ruine, (so farre was it from being a designe for their destruction, or for the advantage of the Popish bloody Rebels, as is insinuated;) for it appears by the Letters of the Lords Justices of Ireland, Sir William Parsons, and Sir John Borlase, and of the Councell there, of the 4th of Aprill, 1643. before that Cessation made, directed to the Speaker of the House of Commons, a Copy whereof we delivered to your Lordships, though we presume you may have the Originall; That his Majesties Army and good Subiects there, were in danger to be devoured for want of needfull supplies forth of England; and that His Majesties Forces were of necessity sent abroad, to trie what might be done, for sustaining them in the Country, to keep them alive untill supplies should get to them, but that designe failing, those their hopes were converted into astonishment, to behold the miseries of the Officers and Souldiers for want of all things, and all those wants made unsupportable in the want of food; and diverse Commanders and Officers declaring they had little hope to be supplied by the Parliament pressed with so great importunity, to be permitted to depart the Kingdom, as that it would be extreame difficult to keep them there. And in another part of that Letter (for we shall not grieve you with mention of all their complaints) [Page 124] they exprested, That they were expelling thence all strangers, and must instantly send away for England thousands of poore despoyled English, whose very eating was then unsupportable to that place; that their confusions would not admit the writing of many more Letters, if any, (for they had written diverse others, expressing their great necessities.) And to the end His Majesty and the English Nation, might not irrecoverably, and unavoydably suffer, they did desire that then (though it were almost at the p [...]ynt to be too late) supplies of victualls and Ammunition in present, might be hastned thither to keep life, untill the rest might follow, there being no victuall in the store nor a hundred Barrells of Powder (a small proportion to defend a Kingdom) left in the store, when the out Garrisons (as they were to be instantly) were supplied, and that remainder, according to the usuall necessary expence, besides extraordinary accidents, would not last above a Month. And in that Letter they sent a Paper, Signed by sundry Officers of the Army, delivered to them as they were ready to signe that dispatch, & by them apprehended to threaten imminent danger, which mentioned, That they were brought to that great exigence, that they were ready to rob and spoyle one another, that their wants began to make them desperate; That if the Lords, Iustices, and Councell there, did not find a speedy way for their preservation, they did desire that they might have leave to go away; That if that were not granted, they must have recourse to the Law of Nature, which teacheth all men to preserve themselves.
And by a letter of the 11th of May following (a Copie whereof we have also delivered to your Lordships) the Lords Iustices and Councell there did advertise His Majesty, that they had no victuall, cloathes, or other provisions, (no money to provide them of any thing they want) no Armes, not above 40 Barrells of Powder, no strength of serviceable Horse, no visible means by Sea or Land, of being able to preserve that Kingdom, and that though the Winds had in many dayes, & often formerly stood very faire for accessions of supplies forth of England, (the two Houses having then, and ever since the full Command of those Seas) yet to their vnexpressible greif, after full six moneths waiting, and [Page 125] much longer patience, and long suffering, they found their expectations answered, in an inconfiderable quantity of provisions, viz. 75 Barrells of Butter, and 14 Tunn of Cheese, being but the 4th part of a small Ʋessells-loading, which was sent from London, and arrived there on the 5th of May. which was not above 7, or 8 days provisions for that part of the Army, in and about Dublin; No mon [...]y or victuals (other then that inconsiderable proportion of victuals) having arrived there as sent from the Parliament of England, or from any other forth of England, for the use of the Army since the beginning of Novem. before. And besides these whereof, we have Copies to your Lordships, it was represented to Hi [...] Majesty by Petition from that Kingdom, That all meanes by which comfort and life should be conveyed to that Gasping Kingdom seemed to be totally obstructed, and that unlesse timely releife were afforded, His Loyall Subjects there must yeeld their fortunes for a Prey, their lives for a sacrifice, and their Religion for a scorn, to the mercylesse Rebels. Vpon all which deplorable passages, represented by persons principally interessed in the managing of the affaires of that Kingdom, and the War there, in which number were Sr William Parsons Sr Iohn Temple, Sr Adam Loftus, and Sr Robert Merideth, persons of great estimation with your Lordships; to which we could add many other advices, and letters from severall men of repute and quality, but that we will not trouble your Lordships with repetition of private advices, we cannot think but your Lordships are now satisfied, that the necessities of that Kingdom, which were the ground of the Cessation there, were reall, and not pretended, and therefore for excuses we leave them, to them who stands in need of them; and we desire your Lordships, to consider as the distracted condition of this Kingdom was, what other way could be imagined for the preservation of that Kingdom, then by giving way to that Cessation, and though it is insisted on in your Lordships paper, that some Protestants in Ʋlster, Munster, and Connaught, (who have refused to submit to that Cessation) have yet subsisted, yet your Lordships well know, these were generally of the Scottish Nation, who had strong Garrisons provided, and appointed to them, and were in these parts of Ireland, neere the [Page 126] Kingdom of Scotland, whence more ready supplies of Victuals might be had, then the English could have from England, and for whose supply (as His Majesty hath bin credibly informed, and we beleive that your Lordships know it to be true) speciall care was taken, when the English Forces, and other English Protestant Subjects there, were neglected, whereby they were exposed to apparent destruction, by Sword and Famine; and we cannot but wonder at the assertion, that His Majesties Forces have as much as lay in them, endeavoured to prevent those supplies for Ireland, and at the mention of the intercepting those provisions near Coventry, with His Majesties own knowledge and direction, whereas, as we have formerly acquainted your Lordships, it was not known to His Majesty that those provisions, which were taken neere Coventry going thither, when His Majesties Forces were before it, were intended for Ireland, till after the seisure there of, when it was impossible to recover them from the Souldiers, which might have bin prevented, if a safe Conduct had bin desired through His Maiesties Quarters, which we are assured He would have readily granted for those or any other supplies for that Kingdom, but was never asked of Him; and as there is no particular instance of any other provisions for Jreland intercepted by His Majesties Forces, but those neere Coventry, which were considerable, so we can assure your Lordships, that when His Maiestie was in the greatest wants of all provisions, and might have readily made use of some provided for Ireland, lying in Magazines within His Quarters, yet he gave expresse order for the sending them away, which was done accordingly, and would haue supplied them further out of His own store, if he had bin able; and no man can be unsatisfied of His Maiesties tender sence, of the miseries of His Protestant Subiects in Jreland, when they shall remember how readily he gave His Royall assent to any Proposition or Acts for raising of men, monyes, and Armes for them, that he offered to passe over in Person for their releife, (which His Maiesties Subiects of Scotland approved, and declared it to be an argument of care in His Maiestie,) and if that had proceeded, it might in possibility have quenehed the flames of that unhappy Rebellion, as long [Page 127] before it mi [...]ht probably haue bin prevented, if the Army of Jrish Natives there had bin suffered to have bin transported out of that Kingdom, as was directed by His Maiestie.
What Provisions are Iately sent, or are now sending to Ireland from the two Houses, we know not; But His Majesty hath been informed, that even those provisions are designed in pursuance of the late Treaty concerning Ireland, made with His Subjects of Scotland without His Majesties Consent, and onely for such, who have deelared themselvea against His Majesties Ministers, and in opposition to that Cessation to which many of them had formerly consented, though they have since upon private Interest, and the incouragement and solicitations of others opposed the same; and therefore His Majesty cannot look upon those Supplied, as a support for the Warre against the Irish Rebels, or as a repayment of those monyes which being raised by Acts of Parliament for that Warre, have been formerly diverted to other uses, of which Money 100000l at one time was issued out for the payment of the Forces under the Earle of Essex.
And as to d [...]verting the Forces provided, for the reducing of Ireland, though we conceiv'd it ought not to be objected to His Maiesty, considering the Forces under the Command of the Lord Wharton, raised for Ireland had been formerly diverted and imployed against him, in the Warre here in England, yet it is evident they were not brought over, till after the Celsation, when they could no longer subsist there: And that there was no present use for them, and before those Forces brought over, there was an attempt to bring the Scottish Forces in Ireland, as likewise divers of the English Officers there into this Kingdome, and since the Earle of Leven their Generall, and divers Scotch Forces were actually brought over.
To the Allegations that many Persons of all sorts have forsaken the Kingdome, rathen then they would submit to that Cessation, we know of none; But it is manifest, that divers who had left that Kingdom, because they would have been famished if they had continued thene, since that Cessation, have returned.
Touching the Committee sent into Ireland, we have already [Page 128] answered, they were not discountenanced by His Majesty, in what they lawfully might doe▪ although they went without his Privity, but conceive your Lordships will not insist, that they should sit with the Privy Councell there, and assume to themselves to advise and interpose as Privy Councellors; And we againe deny the Subscriptions of the Officers of the Army was diverted by His Majesty; and it is well knowne, that some Officers apprehending upon some Specches, that the drift in requiring Subscriptions was to engage the Army against His Majesty, in detestation there of upon those Speeches, rent the book of Subscription in peeces.
For the diversion of the moneys raised for that Warre, if they had been since repayed, (the contrary whereof is credibly informed to His Majesty,) yet that present diversion might be, and we beleeve was a great meanes of the future wants of that Kingdome which indueed the Cessation. As to the Lord Wharton's Commission we conceive we have already fully satisfied your Lordships the just reasons thereof.
For the Letters, whereof your Lordships had Copies, we conceive that you being thereby satisfied of the Contents, and that they came from the Lord Iustices and Councell there, your Lordships need not doubt of the truth of the matter; And for the names of the single persons subscribing; we cannot conceive it is desired for any other purpose, then to be made use of against such of them as should come into your Quarters, you having not granted, though desired, that it shall not turn to their prejudice, if we should give in their Names.
Vpon what hath been said, it appeares, That His Majesties English Protestant Subjects in Ireland could not subsist without a Cessation; And that the Warre there cannot be maintained or prosecuted to the subduing of the Rebels there, during the continuance of this unnaturall Warre here, it is evident to any man, that shall consider, that this Kingdome labouring in a Warre which imployes all the Force and wealth at home, cannot, nor will spare considerable Supplies to send abroad; or if it could, yet whiles there are mutuall Iealousies, that there cannot be that concurrence in joynt advices betwixt the King and the [Page 129] two Houses, as will be necessary, if that Warre be prosecuted; And that His Majesty cannot condescend, or your Lordships in reason expect His Maiesty should, by his Consent to Acts of Parliament for the managing of that Warre, and raising monyes to that purpose, put so great a power into their hands, who, during these Troubles, may if they will turne that power against Him; And it is apparent, that the continuance of the Warre here must inevitably cause the continuance of the miseries there, and endanger the rending of that Kingdome from this Crowne.
The King's Commissioners other Paper. 10. February.
WE do very much wonder that it doth not clearly appeare CLXXVI. to your Lordships, that upon any difference between the Committees of both Kingdoms, in the managing the War of Ireland, (in the manner proposed by your Lordships) the War there must stand still, or be dissolved, for if the Ordinance of the 11th of April, be by His Majesties Royall assent made an Act of Parliament, (as your Lordships desire) all the Forces of that Kingdom both Brittish and Scottish, are put under the absolute Command of the Earle of Leven the Scottish Generall, and the managing the War commited wholy to the Committee of both Kingdoms, without any reference to the two Houses of the Parliament of England, by themselves, so that whatsoever your Lordships say of your intentions, that the two Houses of Parliament here, shall upon such difference mannage the War, (which yet you say must be observing the Treaty, of the 6th of August, and the said Ordinance of the 11th of April,) it is very evident if that Ordinance should be made a Law, the War must stand still, or be dissolved upon difference of opinion between the Committee of both Kingdoms, or else the Earle of Leven must carry on that War according to his discretion, for he is in no degree bound to observe the Orders or directions of the Houses of Parliament in England by themselves, neither doth the asking His Maiesties consent at all, alter the case from what we stated it to your Lordships, in our paper of [Page 130] the 20 of this instant, for we said then, and we say still, that if His Maiesty should consent to what you propose, He would devest Himself of all His Royall Power in that Kingdom, and reserve no power or authority in Himselfe over that War, which is most necessary for His Kingly office to do; for your Lordships expression, when there shall be a Leivtenant of Ireland. we presume your Lordships cannot but be informed, that His Maiesty hath made, and we doubt not but you acknowledg He hath power, to make the Lord Marquisse of Ormond His Leivtenant of that Kingdome, and who is very well able to manage and carry on that War, in such manner as shall be thought necessary for the good of that Kingdom, and there is no question, but that the naming the Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms, doth more take away the power of the two Houses here, then if he were a Native of this Kingdom, and to obey the Orders of the two Houses. And we conceive it evident, that the giving the absolute Command of all Forces, both Brittish and Scottish, to the Earle of Leven, Generall of the Scottish Forces, who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms, doth not amount to lesse, then to deliver the whole Kingdom of Jreland over into the hands of His Maiesties Subiects of the Kingdom of Scotland, & therefore we must aske your Lordships pardon, to believe out selves obliged in prudence, honour, & Conseience, very much to insist on that Consideration, and very earnestly to recommend the same to your Lordships; And we conceive it most conducing to the good of His Majesties Service, and of that Kingdom, that the Lievtenant and Iudges there be nominated (as they have alwayes been) by His Majesty, who will be sure to imploy none in places of so great Trust, but such whose knowne ability and integrity shall make them worthy, and if at any time he shall find himself deceived by those he shall choose, can best make them examples of His Iustice, as they have bin of His Grace & Favour; and we beseech your Lordships to consider how impossible it is for His Maiestie, to receive that measure of duty, everence, and application, which is due to Him, and His Royall [Page 131] Progenitors have alwayes enjoyed, if it be not in His owne immediate power to reward those, whom he shall by experience discern worthy of publick trust & imployment. We have made no difficulty to your Lordships, of His Maiesties consenting to Acts for the raising of moneys, and other necessaries for the setling of the true Protestant Religion in that Kingdom, only we think it unreasonable, that His Majesty should engage Himself, (as is proposed) to passe all such Acts as shall be presented to Him, before He know whether such Acts are reasonable or no, and whether those (other necessaries) may not comprehend, what in truth is not only unnecessary, but very inconvenient; neither will the Argament, that the moneys are to be raised from His Subiects, without any charg to Himselfe, seeme reasonable to His Maiesty, His Maiesty considering His owne charge much lesse then the damage and pressures which may thereby befall His good Subjects, the preserving them from which is His Maiesties most sollicitous & earnest desire; and we cannot but wonder, that your Lordships should conceive any expressions made by us, concerning the prosecution of that War of Ireland, to be unagreeable to the zeale of persons abundantly sensible of the Bloud & horror of that Rebellion; we agree with you, they have broken the Lawes of God and man, their Faith, their Alleagiance, the bonds of Charity, rules of Humanity, and humane Society, and we heartily wish that it were in His Majesties power to do Iustice upon, and make up those breaches of all those rules and bonds; and to that purpose we have desired to be satisfied by your Lordships, what probable course may be taken, for the remedying those mischeifs, and preserving the remainder of His Maiesties good Protestant Subiects; but without doubt the prosecution of that War so much depends upon the condition and distractions of His Maiesties other Kingdoms, that the information your Lordships gives us, of the negotiation with Spaine, and other States, for delivering up that Kingdome from His Maiesties obedience, into the hands of Strangers, deserves the most strict consideration, how His Majesties two other Kingdoms can be applyed to the releife of the third, whil'st these distractions are in their owne Bowels, and [Page 132] the continuance of the miseries in the two, must render those in the third remedilosse, if it be not preserved by some other meanes, then the prosecution of the Warre; neither can it be foreseen or determined, what help or Assistance either party may make use of, where it findes it selfe oppressed, and over-powred by the other, especially when it calls in any help, and leaves no meanes unattempted to destroy the other. And we beseech your Lordships, in the Bowells of Christian Charity and compassion, and in the name of him, who is the Prince of Peace, and who will make an inquisition for blood, to consider, whether all our endeavours, ought not to be, to stop these bloody issues in all His Majesties Dominions; and whether the just God of Heaven, who for our sinnes, hath made the severall Nations, under His Majesties Government, to be Scourges of one another, and of His Majesty himselfe, under whose Obedience they should all live, can be delighted with the sacrifice of blood, and the blood of Christians; and whether it would not be more agrecable to our Christian profession, to endeavour the binding up of those wounds, which interests, passion, and animosity have made. We desire your Lordships to consider these things, and to make such Propositions to us concerning Ireland (since it is apparent, that those already made by you, are by no meanes fit to be consented to) as may be for the growth and propogation of the true Protestant Religion, the Peace and happinesse of that Kingdom, and the wellfare of all His Majesties Dominions.
The last of the six daies concerning Ireland being now spent, being the last of the 18, appointed to treat upon Religion, Militia, and Ireland, by three daies a peece, Alternis vicibus; according to the order formerly proposed, the two remaining daies were imployed for the most part concerning Religion, but towards the end of these two daies, being the last of the Treaty (about 12. of the clock at night) they delivered in these two following Papers concerning Ireland, in Answer to the two last Papers.
Their Paper. 22. Feb.
VVE are very sorry, that your Lordships should continue CLXX VII. in that opinion, That it was necessary to make the Cessation in Ireland, when by undeniable proofs, and consideration of all circumstances, it is most cleare, that the necessities alleadged for grounds of that Cessation, were made by designe of the Popish and Prelaticall party in England and Ireland, who so wickedly contrived the same, that the provisions sent thither by the Parliament, for reliefe of His Majesties good Subjects in reland, were disposed of, and afforded to the Rebells there in their greatest wants, and then when your Lordships affirme the Protestants to be in so great extremity, and even at that time also, when the Officers of our Army and Garrisons, pressing for leave to March into the Enemies Country, to live upon them, and save their own stores, some, who were driven forth, had great quantities of provisions out with them, yet were not permitted to March into the Enemies Country, but kept neare Dublin, untill their Provisions were spent, and then commanded back againe; others could not obtaine leave to goe forth, but were commanded to stay at home, that their own provisions might be the sooner consumed, and thereby the necessity made greater. Notwithstanding by the care of hoth Houses of Parliament here for their supply, they were able to subsist, and did subsist at the time of that Cessation, although the making thereof reduced them to farre greater necessities, then otherwise they could have suffered, besides the notorious advantage thereby to the Rebels, when their wants and extremities were most pressing. And we should not againe have troubled your Lordships with these answers, had they not been caused by your own repetition of the Letters, of part whereof you have given us Copies, though not the knowledge of the Persons from whom they came, only you were pleased to mention, the Lords Iustices, and Councell there, yet we are assured, even by some who were of the Councell at that time when the Letters were written, that the same was done only to presse for supplies from hence, without the least intention in them, of inducing a Cessation, neither doe the [Page 134] Copies containe any thing tending to a Cessation, or the least mention thereof; And we have cause to grieve, not onely at what your Lordships expresse concerning the complaints from Ireland, and their great extremities, but that the same being procured and increased by the Popish Party, yet we should find such earnest endeavours to lay the blame and neglect therein upon the two Houses of Parliament here, who have been so zealous for their reliefe, and whose onely care (under the blessing of God) hath been their preservation, and that in the heat of our owne miserable Distractions have continued their Supplies, and from our owne great wants, have not spared to afford our Brethren there the meanes of their subsistance.
The Protestants in Munster, Connaught, and Vister, who opposed this Cessation, were many of them English, and both they and the Scots suffering under as great wants and failer of Supplies, as the Protestants in other places, and in no better posture of their owne defence; Notwithstanding in a true sense of their owne duty and Conscience, they have opposed and still doe oppose the same, neither were the English there neglected, as your Lordships have been misinformed, by such who labour to destroy both Nations, and as a meanes thereto to divide them.
Besides the goods seized neare Coventry, we have mentioned other particulars asserted to be seized, not without His Majesties owne knowledge and direction, as we are informed, and are most unwilling to beleeve; Neither doe we understand it to be an excuse for feizing some goods, to say that His Majesty did forbeare to seize others in his Power, but when His Maiesty shall rightly ponder the horridnesse of that Rebellion, we hope those wicked Instruments who contrived, and doe support the same, will have no power to alter His Maiesties tender sense of the miseries of His Protestant Subiects in that Kingdome, nor at all to lessen His Piety and gracious Care for quenching the flames of that unhappy Rebellion.
We doe againe affirme unto your Lordships the truth of what we said before concerning the Supplies of Ireland by the two Houses, and it seemes strange, that what hath been lately sent, should not be looked upon, as a support of the Warre against the Rebels, [Page 135] by which onely the Protestants were inabled to defend themselves, and to infest their Enemies; Nor can we imagine any other means as a support of that just Warre, being most assured, that if this had not been done, the Rebels must certainly have prevailed, and the remnant of His Majesties good Subjects of that Kingdomr have perished.
Your Lordships are pleased to remember some monyes by us imployed, particularly one hundred Thousand Pounds, which was raised for Ireland, all which have been resatisfied with advantage; And we must as often as you are pleased to repeat it, refer your Lordships, to our former just and clear Answers concerning the same, and the like for the Forces under the Command of the Lord Wharton; And we beleeve what your Lordships expresse, concerning the Forces brought hither to His Majesty out of Ireland, after the Cessation, it being one end for which the Cessation was made, that those Forces might be imployed against the two Houses of Parliament here; And those Scottish Forces which came over, were not sent for.
We know of no Persons who have returned into Ireland since the Cessation, except such as were Agents for the procuring thereof, and divers principall Rebels who presumed to addresse themselves unto His Majesty at Oxford, and were there countenanced.
It is probable, that some might endeavour to alienat [...] the hearts of the Officers of the Army there from the two Houses, whereby their service against the Rebels might be interrupted.
To that particular of the Subscriptions of the Officers, and of the Committee sent into Ireland, and of the diversions of Monyes alleadged, and of the Copies of Letters given us by your Lordships, without the names of those who subscribed them; We have already given your Lordships a full and clear answer, but have not received satisfaction concerning the denyall of the Lord Whartons Commission, whereby the service of that Kingdome was much prejudiced.
It is so farre from being made appeare, that His Majesties English Protestant Subiects in Ireland, could not subsist without a Cessation, that the untrary is undeniable, and that His Majesties Protestant Subiects there, both English and Scottish, who have [Page 136] opposed that Cessation, have subsisted and doe still subsist, And we are sory to find any inclination to continue that Cessation, which whensoever made, will be esteemed by all good Protestants a countenancing of that bloudy Rebellion.
We doe insist upon our former Demands concerning Ireland, and doubt not but those being granted, notwithstanding our present miserable Distractions here, we shall (by the blessing of God) bring those bloudy Rebels to a speedy and just punishment, and settle that unhappy Kingdome in their due Obedience to His Majesty, and the Crowne of England.
Their other Paper, 22. Feb.
IT is not possible for us to give a more cleare Answer, then we CLXXVIII. have done, to shew that there can no such inconvenience follow, upon confirming the Ordinance of the 11th of April, by Act of Parliament, as your Lordships doe imagine; It being desired that the Treaty of the sixt of August, be in like manner confirmed; By which the Commanders of the Scottish Forces in Ireland, are to be answerable to His Majesty and the two Houses of Parliament of England, for their whole deportment and proceeding there; and it being desired by the 13th Proposition, that the prosecutions of the War of Ireland, should be setled in both Houses of Parliament; all which taken together, it cannot follow, that upon any disagreement between the Committees there, the Earle of Leven may carry on the War according to his own discretion; as for our expression (when there shall be a Lievtenant in Ireland) which was used in answer to your Lordships second paper of the 20 of February, it was was to satisfie your Lordships, that there could be no interfering between the powers of the Lord Lievtenant, and of the Earle of Leven, and still we say when there shall be a Lord Lievtenant chosen as is expressed in our 20th Proposition, (for we do not admit the Marquesse of Ormond to be so) the Commander in cheife of the Scottish Army, is to receive Instructions from him in such manner as we have laid it down, in that answer of ours to your Lordships paper above mentioned, which will, we hope, satisfie your Lordships other obiection, that this is not to deliver over the whole [Page 137] Kingdom of Ireland into the hands of His Maiesties Subiects of the Kingdom of Scotland, seeing such of that Nation as are there imployed, are to be subordinate to the Committee of both Kingdoms and in case of disagreement, an appeal lies to the two Houses of the Parliament of England, in whom the power of prosecuteing the War is to be setled. And we must insist to desire that the Lord Leivtenant, and the Iudges in that Kingdome, may be nominated by the two Houses of Parliament, who have by sad experience (to the great cost of this Kingdom, expence of so much treasure and bloud, the losse of many thousand lives there, and almost of that whole Kingdom from His Maiesties obedience, and an inestimable preiudice to the true Protestant Religion,) found the ill consequence of a bad choyce of persons for those great places of trust. Therefore for His Maiesties honour, the good of His service, the great advantage it will be to the rest of His Maiesties Dominions the great comfort to all good Christians, and even an acceptable service to God himself, for the attaining of so much good, and the prevention of so much evill, they desire to have the nomination of those great Officers, that by a prudent and carefull Election, they may, by providing for the good of that now miserable Kingdome discharge their duty to God, the King, and their Country. And certainly if it be necessary to reduce that Kingdome, and that the Parliament of England be a faithfull Councell to His Majesty, and fit to be trusted with the prosecution of that Warre, (which His Majesty was once pleased to put into their hands, and they faithfully discharged their parts in it, notwithstanding many practices to obstruct their proceedings, as is set forth in severall Declarations of Parliament) then we say your Lordships need not think it unreasonable that His Majesty should engage himselfe to passe such Acts as shall be presented to him, for raising monyes and other necessaries for that Warre, for if the Warre be necessary (as never War was more) that which is necessary for the maintaining of it must be had, and the Parliament that doth undertake and manage it, must needs know what will be necessary, and the People of England, who have trusted them with their Purse, will never begrudge, what they make them lay out upon that occasion; Nor need His Majesty feare the Parliament will presse more upon [Page 138] the Subject then is fit in proportion to the occasion; It is true, that heretofore Persons about His Maiesty have endeavoured and prevailed too much, in possessing him against the Parliament for not giving away the money of the Subiect, when His Maiesty had desired it But never yet did His Maiesty restraine them from it, and we hope it will not be thought that this is a fit occasion to begin; We are very glad to find that your Lordships are so sensible in your expressions of the Bloud and horror of that Rebellion and it is without all question, in His Majesties Power to do Justice upon it, if your Lordships be willing that the Cessation, and ali Treaties with those bloudy and unnaturall Rebels be made voyd, and that the prosecution of the Warre be setled in the two Houses of the Parliament of England, to be managed by the joynt advice of both Kingdomes, and the King to assist, and to doe no Act to discountenance or molest them therein: This we dare affirme to be more then a probable course for the remedying those mischiefs, and preserving the remainder of His Maiesties good Subiects there. We cannot believe your Lordships will think it fit, there can be any Agreement of Peace; any respight from hostility with such Creatures as are not fit to live, no more then with Wolves or Tygers, or any ravennous Beasts, destroyers of mankind. And we beseech you doe not think it must depend upon the condition of His Maiesties other Kingdomes to revenge or not revenge Gods quarrell upon such perfidious Enemies to the Gospell of Christ, who have imbrued their hands in so much Protestant bloud, but consider the Cessation that is made with them, is for their advantage, and rather a protection than a Cessation of Acts of hostility, as if it had been all of their owne contriving; Armes, Ammunition, and all manner of Commodities may be brought unto them; and they may furnish themselves, during this Cessation, and be assisted and protected in so doing, that afterwards they may the better destroy the small remainder of His Maiesties Protestant Subjects. We beseech your Lordships in the bowells of Christian charity, and compassion to so many poor Soules, who must perish, if the strength of that raging Adversary be not broken, and in the Name of him who is the Prince of Peace, who hates to be at Peace with such shedders of Bloud, give not your consents to the continuation [Page 139] of this Cessation of Warre in Ireland, and lesse to the making of any Peace there, till Justice have been fully executed upon the Actors of that accursed Rebellion. Let not the Judgement of Warre within this Kingdome, which God hath layed upon us for our sinnes, be encreased by so great a finne, as any Peace or friendship with them; whatsoever becomes of us, if we must perish, yet let us goe to our graves with that comfort, that we have not made Peace with the Enemies of Christ, yea even Enemies of mankind, declared and unreconciled Enemies to our Religion and Nation; Let not our Warre be a hindrance to that Warre, for we are sure that Peace will be a hindrance to our Peace; We desire Warre there, as much as we doe Peace here, for both we are willing to lay out our Estates, our Lives, and all that is deare unto us in this World; and we have made Propositions unto your Lordships for both, if you were pleased to agree unto them; We can but look up to God Almighty, beseech him to oncline your hearts, and casting our selves on him, wait his good time for the returne of our Prayers in setling a safe and happy Peace here, and giving successe to our Endeavours in the prosecution of the Warre of Ireland.
It had been used by the Commissioners, during the Treaty, that when Papers were delivered in of such length, and so late at night that present particular answers could not be given, by agreement between themselves, to accept the answers the next day, dated as of the day before, although they were Treating of another Subject; And these two last papers concerning Ireland being of such great length, and delivered about twelve of the clock at night, when the Treaty in time was expiring, so an no answer could be given without such consent and agreement, Therefore the King's Commissioners delivered in this Paper;
22. February.
YOur Lordships cannot expect a particular answer from us CLXXIX. this night, to the two long Papers concerning Ireland, delivered to us by your Lordships, about twelve of the clock this night, but since there are many particulars in those Papers, to [Page 140] which, if they had been before mentioned, we could have given your Lordships full satisfaction. And for that we presume your Lordships are very willing to be satisfied in those particulars, which so highly reflect upon His Majesty, we desire your Lordships to receive the Answers, which we shall prepare to those papers, in the evening to Morrow, dated as of this night, and we doubt not to give your Lordships cleare satisfaction therein.
This desire was not granted, nor any Paper delivered in answer to it, but soon after the Treaty broke off.
During the 20. daies Treaty, upon Religion, Militia, and Ireland, the particular passages whereof are before expressed, some other passages did occurre, concerning His Majesties Propositions, and particularly for a It is the sixt of His Majesties Propositions. Cessation, and touching His Majesties returne to Westminster after disbanding of Armies, and further time for continuing or renewing the Treaty, which doe here follow. And first touching His Majesties Propositions, the Kings Commissioners delivered in this Paper the second day of the Treaty.
I. February.
WE desire to know, whether your Lordships have any CLXXX. See His Majesties Propositions no 8. And the Letter from the Earle of Essex no 9. That their Commissioners should have Instructions to Treat upon them. Instructions concerning His Majesties Propositions, for setling a safe and well grounded Peace; And if you have any touching the same, we desire to have a sight of them.
Their Answer. I. Feb.
WE have not yet received Instructions concerning His CLXXXI. Maiesties Propositions, and shall therefore acquaint the Lords and Commons Assembled in the Parliament of England, with the desires expressed in that Paper, who having taken those Instructions into their consideration, before our comming from them, will send them to us in time convenient.
After upon the third of February, His Majesties Commissioners delivered this Paper, concerning His Majesties sixt Proposition, for a Cessation of Armes.
3. February.
WE desire to know, whether your Lordships have received CLXXXII any Instructions concerning that Proposition of His Majesties for a Cessation; and if your Lordships have not received any, that you will endeavour to procure Authority to Treat thereupon; which we have power to doe, and conceive it very necessary, that during the time we are endeavourin [...] to establish a blessed and happy Peace, the issues of blood may be stopped in this miserable Kingdom, and His Maiesties oppressed and Languishing Subjects, have some earnest and prospect of the Peace we are endeavouring, by Gods blessing, to procure for them.
To this no particular Answer was given.
The King's Commissioners Paper, 10. February.
HAving now spent three daies severally, upon each of CLXXXIII your Lordships three Propositions, concerning Religion, the Militia, and Ireland, we desire to know, whether your Lordships have received any instructions concerning His Majesties Propositions, that we may prepare our selves to Treat upon them, when your Lordships shall think fit.
Their Answer, 11. Feb.
VVE have received Instructions, concerning His Maiesties CLXXXIV Propositions; And when the Houses of Parliament shall be satisfied, in the good Progresse of the Treaty upon their Propositions concerning, Religion, the Militia, and Ireland, they will give time for the Treaty upon those Propositions sent by His Maiesty.
But there was not any time given to Treat upon His Majesties Propositions.
Touching further time for continuing or reviveing the Treaty; and His Majesties Returne to Westminster, after Disbanding, those Papers were delivered.
The King's Commissioners Paper. 14. Febr.
VVE have this day received directions from His Majesty, CLXXXV. to move your Lordships, that you will endeavour to procure an addition of time for this Treaty, after the expiration of the daies limited for the same, upon the reasons mentioned in His Majesties Letter, which Letter we herewith deliver to your Lordships.
The Letter mentioned in the last Paper, from His Majesty to His Commissioners, is this.
RIght Trusty, &c. Having received from you a CLXXXVI. particular accompt of your proceedings in the Treaty, and observing thereby how impossible it is, within the daies limited, to give such full Answers to the three Propositions you are now upon, as you might, if upon Consideration had of the rest of the Propositions, you could clearely see, what fruit such Answers will produce in order to a blessed Peace, for the present and the future good and happinesse of this Kingdom; We have thought it fit to advise you, That you propose and desire of the Commissioners with whom you Treat, that they will procure such farther time to be allowed, after the expiration of the Twenty daies, as may be sufficient for you, upon a full understanding one of another upon the whole, to make such a Conclusion, that all Our Subjects may reap the [Page 143] Benefit good men pray for, Deliverance from these bloody distractions, and be united in Peace and Charity; And if you think fit, you may communicate this Our Letter to them. And so we bid you heartily farewell. Given at Our Court at Oxford 13. Feb. 1644.
Their Answer. 14. Feb.
COncerning the paper delivered by your Lordships for addition CLXXXVII of time for the Treaty, We can give no other answer, then that we will send Copies of His Maiesties Letter, and of the paper unto the Houses of Parliament, and after signification of their pleasure, we will give further answer.
Afterwards on the 18th of Feb. they delivered this paper, 18. February.
YOur Lordships may please to take notice, that in the 20 dayes CLXXXVIII appointed to Treat upon the Propositions concerning Religion, Militia, and Ireland, the first Thursday, and three Sundayes, are not to be included.
The King's Commissioners paper. 20. February.
BY our paper delivered to your Lordships the 14th of this CLXXXIX. moneth, we moved your Lordships to endeavour an addition of time for this Treaty, after the expiration of the dayes limited for the same, upon the reasons mentioned in His Majesties Letter, which letter, we then delivered to your Lordships; whereunto your Lordships then returned answer, that [Page 144] you would send Copies of His Majesties Letter, and of our paper to the Houses of Parliament, and after signification of their pleasure, you would give farther Answer; we now desire to know, whether there may be an addition of time for this Treaty, after the expiration of the dayes limited for the same, upon the reasons mentioned in His Maiesties said letter, and what time may be added.
Their Answer, 20. Feb.
YOur Lordships paper of the 14th of this moneth, for an addition CXC. of time for this Treaty, together with His Maiesties Letter concerning the same, were sent by us to the Houses of Parliament, who (See their Paper, before 11. February, no. 185. as we have already acquainted your Lordships) have declared, That if they shall be satisfied in the good progresse of the Treaty upon the Propositions, concerning Religion, the Militia, and Ireland, will give time for the Treaty upon the Propositions by His Majesty; but farther then this, have not, as yet, signified their pleasures unto us.
The King's Commissioners Paper, 20. February.
HAving now spent 18 dayes with your Lordships, in the CXCI. Treaty upon Religion, the Militia, and Ireland, & besides the present satisfaction we have given your Lordships in those particulars, we having offered that further consideration, and order be taken therein by His Majestie, and the two Houses of Parliament; and your Lordships having proposed many important things in the said severall particulars to be framed, setled, & disposed by the two Houses, before a full Agreement can be established, we propose to your Lordships, whether the two dayes remaining may not be best spent, towards the satisfying your Lordships in those 3 Propositions, and the procuring a speedy blessed Peace, upon finding out some expedient for His Majesties repaire to Westminster, that so all differences may be composed, and this poor Kingdom be restored to it's Ancient happines and security; and to that purpose if your Lordships shall think fit, we are willing to Treat with your Lordships, [Page 145] concerning the best meanes whereby (all Armies being first disbanded) His Maiestie may with honour, freedom, and safety, be present with his two Houses of Parliament at Westminster; To which two particulars, that is, first concerning the Disbanding all Armies, and then for His Majesties speedy repayre and residing at VVestminster, with Honour, Freedom, and safety; We shall (if your Lordships think fit) apply our selves, and accordingly to morrow, will be ready to deliver to your Lordships some Propositions upon that subject; And if your Lordships shall concurre with us herein, we hope it will be a good inducement to procure an addition of time to this Treaty, according to His Majesties Proposition in his late Letter to Vs, which we delivered to your Lordships.
Their Paper, 20 Feb.
VVE shall according to mutuall agreement between His Majesty CX CII. and the two Houses of the Parliament of England, and the Commissioners for the Parliament of Scotland, Treat these two remaining dayes upon the three Propositions for Religion, the Militia, and Ireland, and shall be glad to receive satisfaction in them from your Lordships as the best expedient for procuring a speedy and blessed Peace, that the Armies may be disbanded, and the happinesse of His Maiesties presence may againe be enjoyed by those, who have nothing more in their prayers and endeavours, then by His Maiesties coniunction with his Parliament to see all these sad differences composed, and these distracted Kingdomes restered to their Ancient happinesse and security: Accordingly we shall be ready to begin againe to morrow upon the Propositions for Religion, and receive what your Lordships will propose, and being satisfied upon that and the other two Propositions, we are confident we shall have further time given us to Treat upon such other particulars, as shall be necessary for the attaining of those ends we all desire.
There was no other Answer given concerning His Majesties Commissioners desire to Treat touching His returne to [Page 146] Westminster, and Disbanding Armies, whereupon His Majesties Commissioners delivered this Paper;
20. February.
VVE conceive that the reasons why your Lordships doe CXCIII. not give us any Answer to our Paper, concerning the Treating for the disbanding all Armies, and for His Majesties comming to Westminster, may be, because you have no authority by your Instructions so to doe, though we proposed the same to your Lordships, and doe still conceive it most conducing to the conclusion of the Propositions, upon Religion, the Militia, and Ireland; upon which we have Treated. And we therefore desire your Lordships, that you will endeavour to have your Instructions so enlarged, that we may Treat upon so important and necessary an expedient for the publique Peace. In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the businesse of Religion, presuming, that if your Lordships are not satisfied with our Answer therein, in which we have applyed remedies to whatsoever hath ever been complained of as a grievance in the present Government of the Church, that your Lordships will make it appeare See their Paper. no. 68. referring to this. that the Government by Bishops is unlawfull; or that the Government you intend to introduce in the roome thereof, is the only Government that is agreeable to the word of God; either of which being made evident to us, we shall immediately give your Lordships full satisfaction in that you propose.
The King's Commissioners Paper. 22. February.
BY our paper delivered to your Lordships 1. February, we CXCIV. did desire to know, whether your Lordships have any Instructions concerning His Majesties Propositions for setling a safe and well grounded Peace; And by our paper of the third of Feb. we did desire to know, whether your Lordships had received any Instructions concerning that Proposition of His Majesty for a Cessation, and if your Lordships had not received any, that you would endeavour to procure authority to Treat thereupon; [Page 147] And by our Paper of the 10th of Feb. we did desire to know, whether your Lordships had received any Instructions concerning His Majesties Propositions, that we might prepare our selves to Treat upon them, when your Lordships should think fit; And by our paper delivered to your Lordships, 14th Feb. we moved your Lordships upon direction [...] received from His Majesty, that you would endeavour to procure an addition of time for this Treaty, after the expiration of the dayes limited for the same, upon the reasons mentioned in His Majesties Letter, which Letter we then delivered to your Lordships; And by our Paper delivered to your Lordships the 20th of this month, we moved your Lordships to endeavour an addition of time for this Treaty, after the expiration of the dayes limited for the same, upon the reasons mentioned in His Maiesties said Letter, to which we have not yet received full Answer; Nor have we yet had any notice from your Lordships, whether the two Houses of Parliament have given any further time for this Treaty; And having hitherto according to the order prescribed us Treated onely upon the three first heads of Religion, the Militia, and Ireland, and the twenty dayes expiring this day, we againe desire to know, whether there is any addition of time granted for this Treaty, our safe Conduct being but for two dayes longer.
Their Answer, 22. Feb.
YOur Lordships Papers of the first, third, and tenth of Feb. CXCV. whether we had any Instructions concerning His Majesties Propositions and power to Treat for a Cessation, as also your Papers of the 14 and 20th of Feb. concerning His Majesties Letter for an addition of time to this Trenty, with your Lordships desire thereupon, have been by [...] sent up to both Houses of Parliament from time to time, as we received them, together with our Answer given to them; and in our Answers we have from time to time declared to your Lordships, that when the Houses shall be satisfied in the good progresse of the Treaty upon their Propositions concerning Religion, Militia, and Ireland, they will give an addition of time for the Treaty; And we doe conceive, that if your Lordships [Page 148] Answers to our Demands concerning Religion, the Militia, and Ireland, had been such, as to have given satisfaction in the good progresse of this Treaty, mutually consented for twenty dayes upon the said Propositions, we should have before this been enabled with power to continue the Treaty, aswell upon his Majestie's as the rest of the Propositions. But your Lordships having not given full and satisfactory Answers concerning Religion, the Militia, and Ireland, you cannot, for the reasons above mentioned, expect an addition of time; neither have we received any Instructions to continue this Treaty longer then the twenty dayes, of which this is the last: And as for your Lordships safe Conduct, we conceive the three Sundayes last past being not accompted any dayes of the Treaty, so this next Sunday is not to be esteemed one of the two dayes allowed after the Treaty in your Lordships safe Conduct, but your Lordships are to have two dayes besides this next Lords day.
The King's Commissioners Reply. 22. February.
WE cannot expresse the great sadnesse of our hearts, that CXCVI. all our earnest endeavours to give your Lordships satisfaction in all particulars of this Treaty, have produced no better effects towards a blessed Peace, which His Majesty, and we who are trusted by him, doe so heartily pray for, and that so many and great offers made by us to your Lordships in the particulars we have treated upon, should not be thought a good progresse on our part in the said Treaty, as we find by your Lordships last paper (to our great griefe) they are not; and therefore that this must be the last day of the Treaty, we desire your Lordships to consider, that we being intrusted by His Majesty to Treat with your Lordships for a safe & well grounded Peace, have upon the matter of your Lordships Propositions, consented to so many particulars and alterations of very great importance, and that your Lordships, who were to Treat with us, have not abated one tittle of the most severe and rigorous of your Propositions, saving what you were pleased the last night to propose in the poynt of time concerning the Militia, which though it seems to be limited to seaven years, in [Page 149] truth leaves it as unlimited as it was before in your Propositions, for at the end of seaven years, it must not be exercised otherwise then shall be setled by His Majesty and the two Houses of Parliament: so that all the legall power now in His Majesty is taken away, and not restored after the seaven years expired. Neither is there a full consent to that limiration offered by your Lordships the Commissioners of the Parliament of Scotland. Nor have your Lordships offered to us any prospect towards Peace, other then by submitting totally to those Propositions, the which if we should doe, we should consent to such alterations, as by constructions and consequences may dissolve the whole frame of the present Government, both Ecclesiasticall and Civill, in this Kingdom. And though the particulars proposed by your Lordships, have by debate appeared, not only evidently unreasonable, but literally considered, to comprehend things, to be extended, to powers not intended by your selves, yet your Lordships have not been pleased, either to restraine or interpret any particular in any other manner, then is set forth in the said Propositions.
In the matter of Religion, we have offered all such alterations, as we conceive may give satisfaction to any objections that have been, or can be made against that Government, and have given your Lordships reasons, not only why we cannot consent to your Lordships Propositions, but that even those Propositions, if consented to, could not be in order to a Reformation, or to the procuring the publique Peace. And we must desire your Lordships to remember, that though you doe not only in your Covenant (which you require may be taken by His Majesty, and injoyned to be taken by all His Subjects) undertake the Reformation in poynt of Government, but even in poynt of Doctrine too, thereby laying an imputation upon the Religion it selfe, so long professed in this Kingdom with the generall approbation of all reformed Churches; yet your Lordships have not given us the least argument, nor so much as intimated in your debate, the least Prejudice to the Doctrine of the Church of England, against which we presume you cannot make any colourable [Page 150] objection, nor have you given us the view in particular, of the Government you desire should be submitted to, in the place of that you propose to be abolished; and therefore we propose to your Lordships, if the alterations proposed by us, doe not give your Lordships satisfaction, that so great an alteration as the totall abolition of a Government established by Law, may for the importance of it, and any reformation in Doctrine, for the scandall of it, be suspended, till after the disbanding of all Armies, His Maiesty may be present with the two Houses of Parliament, and calling a Nationall Synod, may receive such advice both from the one and the other, as in a matter of so high concernment is necessary; And we are most confident that His Majesty will then follow the advice which shall be given him. And as any Reformation thus regularly and calmely made, must needs prove for the singular benefit and Honour of the Kingdom; so we must appeale to your Lordships, whether the centrary, that is an alteration even to things though in themselves good, can, by the principles of Christian Religion, be enforced upon the King or Kingdom?
In the businesse of the Militia, though your Lordships doe not deny that the Iealousies and apprehensions of danger are mutuall, and that the chiefe end of depositing the Militia in the hands of certain Persons, is for security against those Jealousies and possible dangers, yet your Lordships insist, That all those Persons to be entrusted, shall be nominated by the two Houses of Parliament in England, and the Estares of the Parliament in Scotland, and that the time for that great Generall, and unheard of Trust, shall be in such manner, that though it seem to be limited to seaven years, yet in truth by declaring, That after those scaven years, it shall not be otherwise exercised then His Maiesty and the two Houses of Parliament shall agree, and His Maiesty may thereby be totally, and for ever divested of the power of the Sword, without which He can neither defend himselfe against Forteigne Invasions, or Domestick Insurrections, or execute His Kingly Office in the behalfe of His Subjects, to whom He is Sworne to give Protection: And to both these your Lordships adde the introducing a [Page 151] Neighbour Nation, governed by distinct and different Lawes (though united under one Soveraigne) to a great share in the Government of this Kingdom. In stead of consenting to these Changes, we have offered and proposed to your Lordships. That the Persons to be Trusted with the Militia of the Kingdom, may be nominated between us; or if that were refused. That an equall number shall be named by you, and the other number by His Majesty, and that halfe the Forts and places of strength within the Kingdom, shall be in the custody of those whom you think fit to be trusted therewith, & the other halfe, in such hands as His Majesty please to commit the same to And all persons, as well those nominated by your Lordships, as by His Majesty, to take an Oath for the due discharge of the said Trust, which being considered as the sceurity is mutuall, so neither part can be supposed to violate the agreement, without very evident inconvenience and danger to that part who shall so violate it, the whole Kingdom being likely, and indeed obliged to look upon, whosoever shall in the least degree violate this agreement, as the authors of all the miseries which the Kingdom shall thereby suffer. And as it is most reasonable, that for this security, His Majesty should part with so much of his own power, as may make him even unable to break the agreement, which should be now made by him and on his part, so it is most necessary, that all apprehension and danger of such breach being over, that soveraign power of the Militia should revert into the proper channell, and be, as it hath alwaies been, in His Majesties proper and peculiar charge: And therefore we have proposed that the time limited for that trust, should be for three years, which by the blessing of God, will product a perfect understanding between His Majesty and all His people; and if there should be any thing else necessary to be done in this argument, either for power or time, that the same be considered after the settlement of Peace in Parliament; but whatever is now, or hereafter shall be thought necessary to be done, we desire may by so setled, that this Kingdom may depend upon it selfe, and not be subject to the Lawes or advice of Scotland, as we think sit, that Scotland, should not receive [Page 152] rules or advice from this, having offered the like for Scotland as for England.
In the businesse of Ireland your Lordships propose not only, that His Maiesty diselaime and make voyd the Cessation, made by His Royall Authority, and at the desires of the Lords Iustices, and Councell of that Kingdom, and for the preservation of the remainder of His poore Protestant Subiects there, who were in evident danger of destruction, both by Famine and the Sword, but also to put the whole managery of that Warre and disposall of the Forces within that Kingdom, and consequently the Government of that Kingdom, into the hands of the Scots Generall, to be managed by the advice of a joynt Committee of both Kingdoms, wherein each should have a Negative Voyce; In Answer to which, we have acquainted your Lordships, with the just grounds of His Majesties proceedings in the businesse of Ireland, which we are confident, being weighed without preiudice, may satisfy all men of His Maiesties Piety and Iustice therein; And we are very ready and desirous, to joyne with your Lordships in any course which may probably preserve and restore that miserable Kingdom.
Having put your Lordships in mind of these particulars, as they have a generall reference to the publique good of the Kingdomes, we beseech your Lordships to consider, that we have this great Trust reposed in us by His Maiesty, and to remember how farre these Propositions trench upon His peculiar Kingly Rights, without any, or any considerable recompence or compensation.
In the businesse of Religion, your Lordships propose the taking away the His whole Ecclesiasticall Iurisdiction, His Donations, and Temporalties of Bishopricks, His first Fruits, and Tenths of Bishops, Deanes and Chapters, instead whereof your Lordships do not offer to constitute the least dependance of the Clergy upon His Maiesty; and for that so considerable a part of His Revenue, you propose only the Bishops Lands to be setled on His Maiesty, (reserving a power to dispose even those Lands as you shall think fit) whereas all the Lands both of Bishops, Deanes and Chapters (if those Corporations must be [Page 153] dissolved) doe undoubtedly belong to His Majesty in His own Right.
In the businesse of the Militia; as it is proposed, His Majesty is so totally divested of the Regall Power of the Sword, that He shall be no more able, either to assist any of His Allies with ayd, though men were willing to engage themselves voluntarily in that service, or to defend His own Dominions from Rebellion or invasion, and consequently the whole power of Peace and Warre (the acknowledged and undoubted Right of the Crowne) is taken from Him.
In the businesse of Ireland, the power of nominating His Lievtenant, or Deputy, and other Officers there, of managing, directing, or in the least manner of medling in that Warre, or of making a Peace, is proposed to be taken, from Him; and to adde to all these attempts upon His Kingly Rights, it is proposed to bereave Him of the Power of a Father, in the Education and Marriage of His own Children, and of a Master, in the rewarding His own Servants; And therefore we referre it to your Lordships, whether it be possible for us, with a good Conscience and discharge of the Trust reposed in us, to Consent to the Propositions made to us by your Lordships? Lastly, we must observe to your Lordships, That after a Warre of neare foure years, for which the Defence of the Protestant Religion, the Liberty and Property of the Subject, and the Priviledges of Parliament were made the cause and grounds, in a Treaty of Twenty daies, nor indeed in the whole Propositions upon which the Treaty should be, there hath been nothing offered to be Treated, concerning the breach of any Law, or of the Liberty or Property of the Subject, or Priviledge of Parliament: but only Propositions for the altering a Governmenment Established by Law, and for the making new Lawes, by which almost all the old are, or may be cancelled; and there hath been nothing insisted on of our part which was not Law, or denied by us, that you have demanded, as due by Law.
All these things being considered, and being much afflicted that our great hope and expectation of a Peace, is for the present frustrated by your Lordships See their last Paper. Declaration, that no more [Page 154] time will be allowed for this Treaty, we are earnest Suitors to your Lordships, that you will interpose with the two Houses, to whom we beleeve you have transmitted the Answers delivered by us to your Lordships upon Religion, the Militia, and Ireland, That this Treaty, though for the present discontinued may be revived, and the whole matter of their Propositions, and those sent to them by His Majesty, which have not yet been Treated on, may be considered; and that depending that Treaty, to the end we may not Treat in Bloud, there may be a Cessation of Armes, and that the poor People of this Kingdome, now exposed to Plundrings and Spoyles, and other direfull effects of Warre, may have some earnest of a blessed Peace. And because this Treaty is now expiring, if your Lordships cannot give a present Resolution, we desire when you have represented this to the two Houses, His Majesty may speedily receive their Answer.
Their Answer. 22. Febr.
WE conceive your Lordships cannot in reason expect an answer CXCVII. to the long paper delivered to us very late this night at the close of the Treaty, a thing of many dayes labour, which we apprehend to be rather a declaration upon the Treaty, then any part thereof, and we could not imagine would be offered, but we cannot forbeare, upon the reading thereof, to mention thus much That it seemes by many particulars in that Declaration, it was resolved the Treaty should end with the 20 dayes, the meanes to continue it, being well known to be a good progresse in the Propositions for Religion, the Militia, and Ireland, and by what we hav [...] received, we cannot find any satisfaction in these was intended to be agreed unto.
To that, whereby your Lordships ascribe so much to your own Concessions, we shall only say; That for Religion you have granted very little or nothing, but what we are already in possession o [...] by the Lawes of this Kingdome. For the businesse of the Militia your Lordships have not thought fit, to consent to any one of ou [...] [Page 155] demands, but in that, as in Religion, have made some new Propositions of your own, which are not in any degree sufficient for setling, and securing the Peace of the Kingdoms; As for the Propositions for Ireland, your Lordships have bin so far from affording a consent thereto, that you have iustified the distructive Cessation there, and strongly implyed an intention to renew the same, and have not yeelded to any part of our Propositions concerning that Kingdom [...] we shall represent your Lordships papers to the Parliaments of both Kingdoms, who upon due consideration thereof, will do what is farther necessary for the good and Peace of His Maiesties Dominions.
Besides these severall desires aboue mentioned from time to time for addition, and enlargment of time, for continuing and prolonging the Treaty, or if discontinued, that it might be revived, and after a representation to the Houses, their answer might be sent to His Maiesty. In another paper before No. 135. upon the head of the Militia, His Maiesties Commissioners did propose, That if the Treaty might not then continue, it might be Adiourned for such time as they should think fit, and not totally dissolve, but be again resumed; which paper is not here inserted, to avoyd repetition, being before upon the head of Militia, and to which, as to that point of Adiournment, no answer was given.
No papers were given in to their Commissioners, in answer to the last mentioned paper, dated the 22 of Feb. No. 197, which came in about two of the clock in the morning after; Nor to that of the same date No. 135. concerning the Militia, which came in with it; Nor to their two last concerning Ireland of the 22 of Feb. No 177, and 178, which came in about 12 of the clock that night all which were of such length, & delivered upon the close of the Treaty, and those which came in about two of the clock upon the departure of the Commissioners, that it was impossible to give present answers, nor could any be given after, as part of the Treaty, without consent, which was required by His Maiesties Commissioners, but not granted; [Page 156] neither is any thing here inserted in answer to those papers, because by the agreements between the Commissioners in the beginning of the Treaty, nothing was to be taken as part of the Treaty, but what should be put in writing. And this Relation is intended only for a Narrative of the Treaty, (conformable to the agreements) without any observations upon it, or additions unto it, other then necessary Introductions, and Transitions for coherence, and more cleare understanding the Passages of the Treaty.
THE APPENDIX.
THE BILL FOR ABOLISHING EPISCOPACY.
WHEREAS the Government of the III. Church of England, by Arch-Bishops, Bishops, their Chancellours, and Commissaries, Deanes, Deanes and Chapters, Arch-Deacons, and other Ecclesiasticall Officers, depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation, & growth of Religion, and very prejudiciall to the Civill State & Government of the Kingdom; Be it therefore Enacted by the King's most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the authority of the same, that from▪ and after the fifth day of November, in the yeare of our Lord, one Thousan [...] six Hundred fortie and three, there shall be no Arch-Bishop, Bishop, Chancellour, or Commissarie of any Arch-Bishop, or Bishop, nor any Deane, Sub-Deane, Deane and Chapter, or Arch-Deacon, nor any Chancellour, Chaunter, Treasurer Sub-Trea [...]urer, Succentor, or Sacrist, of any Cathedrall, or Collegiate Church, nor any Prebendary, Canon, Canon-Residenciary, Petty-Canon, Vicar, Chorall, Choristers, Old-Vicars, or new-Vicars, of, or within any Cathedrall, or Collegiate Church or any other their Officers, within this Church of England, or Dominion of Wales; And that from, and after the said fifth day of Novemb. the Name, Title, Dignity, Iurisdiction, Office, and Function, of Arch-Bishops, Bishops, their Chancellours, and Commissaries, Deanes, Sub-Deanes, Deanes and Chapters, Arch-Deacons, Canons, and Prebendaries, and all Chaunters, Chauncellours, Treasurers, Sub-Treasurers, Succentors, and Sacrists, and all Vicars, Corall, and Choristers, old-Vicars, and new-Vicars, and every of them, and likewise the having, using, or exercising of any Power, Iurisdiction, Office, or Authority, by reason, or [Page 161] colour of any such Name, Title, Dignity, office, or Function, within this Realme of England, or Dominion of Wales, shall thenceforth cease, determine, and become absolutely voyd, and shall be abolished out of this Realme, and the Dominion of Wales, any Ʋsage, Law, or Statute to the con [...]rary in any wise notwithstanding. And that from, and after the said fifth day of November, no Person or Persons whatsoever▪ by virtue of any Letters Patents, Commission, or other authority derived from the Kings Majestie, His Heires, or Successors, shall use or exercise any Iurisdiction Ecclesiasticall, within this Realme, or Dominion of Wales, but such, and in such manner as shall be appointed, and established by Act of Parliament. And that all Counties, Palatine, Mannors, Lordships, Castles, Granges, Messuages, Mills, Lands, Tenements, Meadows, Leasues, Pastures, Woods, Rents, Reversions, Services, Parks, Annuiti [...]s▪ Franchises Liberties, Priviledges, Immunities, Rights, Rights of Action, and of Entrie, Interests Titles of Entrie, Conditions, Commons, Courts-Leete, and Courts-Baron, and all other Possessions, and Herediments whatsoever, of what nature or quality soever they be or wheresoever they lie or be (other then Impropriations Parsonages Appropriats, Tithes, Oblations, Obventions, Pention Portions of Tithes, Parsonages, Vicarages, Churches, Chapp [...]ls▪ Advowsons, Nominations, Collations, Rights of Patronage, and Presentation,) which now are, or lately were of, or belonging unto any Arch-Bishop▪ Bishop, Arch-bish [...]prick, or Bishop [...]i [...]k, or any of them, or which they or any of them held, or injoy [...]d in right of their said Arch-bish [...]prick, or Bishoprick, respectively▪ shall by the authority of Parliament, be vested adjudged▪ and deemed to be and shall be in the very real▪ and actuall possession, and seisin of the Kings Majesty, His Heires and Successors; And shall have, hold, possesse, and enioy the same, to Him His Heires and Successors without any Entrie, or other Act whatsoever, and that the Kings Maiestic, His Heires and Successors, His and their Lessees, Farmers and Tenants shall hold an [...] [...]n [...]oy, the same discharged and acquitted of payment of Tithes▪ as f [...]eely and in as large, ample, and beneficiall meanes to all intents and purposes, as any Arch-Bishop or B [...]shop, at any time or times within the space of two yeares last past, held or injoyed, or of right ought to have [Page 162] held or inioyed the same. Provided neverthelesse, and be it enacted by the authority aforesaid, that all Leases, Grants, Guifts, Letters Patents, Conveyances, Assurances, or Estates whatsoever, hereafter to be made by the Kings Maiestie▪ His Heires or Successors, of any the Mannors, Lands, Tenements, Hereditaments, which in or by this Act shall come or be limited, or disposed of, unto His Maiestie, His Heires or Successors, (other then for the Terme of one and twenty yeares, or three Lives, or some other Terme of yeares determinable, upon one two or three Lives, and not above from the time as any such Lease or Grant shall be made or granted, whereupon the accustomed yearely Rent or more, shall be reserved and payable yearely during the said Terme: And whereof any former Lease is in being, not to be expired, surrendred or ended, within three yeares after the making of any such new Lease▪ shall be utterly voyd and of none effect, to all intents constructions and purposes, any clause or words of (non obstante) to be put in any such Patent, Graunt, Conveyance, or Assurance, and any Law, Ʋsage▪ Custome, or any thing in this Act to the contrary, in any wise notwithstanding. And be it further Enacted and Ordained, that all Impropriations, Parsonages Appropriate, Tithes, Oblations, Obventions, Portions of Tithes, Parsonages, Vicaridges, Churches, Chappels, Advowsons, Nominations, Collations, rights of Patronage and Presentation, which now are, or lately were belonging unto any Arch-Bishop, or Bishop, Arch-bishoprick, or Bishoprick▪ And all Mannors, Castles, Lordships, Granges, Messuages, Mills, Lands, Tenements, Meadowes, Pastures, Woods, Rents, Reversions, Services, Parsonages Appropriate, Tithes, Oblations, Obventions, Pensions, Portions of Tithes, Parsonages, Ʋicaridges, Churches, Chappels, Advowsons, Nominations, rights of Patronage, and Presentation, Parkes, Arnuities, Franchises, Liberties, Priviledges, Immunities, Rights, Rights of Action, and of Entrie, Interests, Titles of Entire, Conditions, Commons, Courts Leete, and Courts Baron, and all other Possessions, and Hereditaments whatsoever, of what nature or quality soever they be, or wheresoever they lie or be, which now are, or lately were of, or belonging to any Sub-Deane, Deane, Deane and Chapter, Arch-Deacon, Chanter, Chancellor, Treasurer, Sub- [Page 163] Treasurer, Succentor, Sacrist, Prebendary, Cannon, Cannon Residentia [...]ie, Petty-Cannon, Vicars, Chorall, Choristers, old Vic [...]rs and [...]ew Vicars▪ or any of them, or any of the Officers of them, or any of them which they held, or inioyed in right of their said Dignities, Churches, Corporations, Offices, or Places, respectively shall by Authority of this present Parliament be Vested, Adjudged, and deemed to be, and shall be in the very reall and actuall Possession, and Seisin, of Sr William Roberts Knight, Thomas Atkins▪ Sr Wollaston, Iohn Warner, Iohn Towes▪ Aldermen of the City of London, Iohn Packer Esquire, Peter Malborne Esquire, and they shall have, hold, possesse, and enioy the same to them, their Heires and Assignes, without any Entrie or other Act whatsoever, and that for themselves, their Lessees, Farmers▪ and Tennants, discharged and acquitted of payment of Tithes, as freely, and in as large, ample, and beneficiall manner to all Intents, and Purposes, as any of the Persons, or Corporations, whose offices or places are taken away by this Act at any time, or times within the space of two yeares now last past, held, or enjoyed, or of right ought to have held, or enjoyed the same In trust, and Confidence neverthelesse, and to the intent, and purpose that they the said Sir William Roberts Knight▪ Thomas Atkins, Sir Iohn Wol [...]aston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Esqu. Peter Malborne Esqu▪ and the Survivors and Survivor of them, his and their heires, & Assignes shall satisfie, and pay unto all and every Arch-Bishop, Bishop, Deane, Sub-deane, Arch-Deacon▪ Chanter, Chancellour, Treasurer, Sub-Treasurer, Succentor, Sacrist, [...]rebendary▪ Cannon, Cannon Residentiary, Pettie Cannon, Vicars Chorall Choristers, old Vicars, and new Vicars, and other Officers, and persons belonging unto, or now imployed in, or about the said Cathedrall or collegiate Churches, such yearely Stipends, and Pensions, for so long time, and in such manner as by the Lords, and Commons in Parliament Assembled shall be ordered dir [...]cted, and appointed; And shall dispose of all, and singular the aforesaid Mannors, Lands, Tithes, Appropriations, Advowsons, Tenements, Hereditaments, and other the Premisses, and of every part, and parcell thereof, and of the Revenues, Rents, Issues, and [Page 164] profits thereof to the uses, intents, and purposes above, and hereafter expressed, (that is to say) for a competent maintenance for the su [...]port of such a number of preaching Ministers, for the service of every Ca [...]he [...]rall and collegiate Church, and His Majesties free Chappell of Windsor, as by the Lords and Commons shall be ordered, and appointed; And lik [...]wise for the maintenance of preaching Ministers throughout the Kingdom of E [...]gland, Dommion of Wales, and Town of Barw [...]k, in such places where such maintenance is wanting, and for a proportionable allowance for, and towards the reparation of the said Cathedrall, and collegiate Churches▪ in such manner, and forme, and to such persons, and for such other good uses, to the advancement of true Religion, and the maintenance of Piety and Learning, as by this or any other Act or Acts of Parliament now, or hereafter to be made, shall be set down, or declared, And be it further enacted by the Authority aforesaid, that all Leases, Guifts, Grants, Conveyances, Assurances, and Estates whatsoever hereafter to be made by the said Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Esqu. Peeter Malbourne, Esqu. the Survivors and Survivor of them, or the greater part of them, his, and their Heires and Assignes of any the Mannors, Lands, Tenements, or Hereditaments, within, or by this Act shall come, or be limited, or disposed of unto the said Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Esqu. Peeter Malbourne, Esquire (other then for the Terme of one and Twenty yeares, or three Lives, or some other Terme of yeares determinable upon one, two, or three Lives, and not above from the time, as any such Lease, or Grant shall be made, or granted, whereupon the accustomed yearely Rent, or more, shall be reserved, and payable yearely during the said Terme) whereof any former Lease is in being, and not to be Expired, surrendred, or ended, within three yeares after the making of such Lease, shall be utterly voyd, and of none effect, to all Intents, Constructions, and purposes, any thing in this Act to the contrary in any wise notwithstanding. Provided neverthelesse, where no Lease hath been heretofore made, nor any [Page 165] such Rent hath been reserved, or payable of any the Lands, Tenements, or Hereditaments, in this Act limited, or disposed of unto the said Sir Willi [...]m Roberts Knight, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Ioh [...] Packer, Esqu. Peter Malbourne, Esqu. that in such case it shall be lawfull for the said Sir William Roberts, Knig [...]t, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes Aldermen of the City of London, Iohn Packer, Esqu Peter Malb [...]urne, Esqu. the Survivors, and Survivor of them, or the greater part of them, his, and their Heires, to make any Lease, or state for the Terme of one, and Twenty yeares, or three Lives, or some other Terme of yeares determinable, upon one▪ two▪ or three Lives, and not above taking such Fine as they in their Judgements shall conceive indifferent, and reserving a reasonable Rent▪ not being under the third part of the clear yearely value of the Lands, Tenements, or Hereditaments contained in such Lease. And it is further Declared to be the true intent, and meaning of this Act; That all, and every the Lessees, Farmors and Tenants of all and every the said Persons, and Corporations, whos [...] Offices or places are taken away by this Statute, now having▪ holding or enjoying any Estate, Terme, or Interest, in possession by himselfe, his under Tenants or Assignes, of or in any Mannors, Lands, Tenements, Appropriations, or other Hereditaments whatsoever, shall and may be preferred in the taking and renuing of any Estates, Leases, or Grants of any such Mannors, Lands, Tenements or Hereditaments, before any other Person, the said Lessees, Farmors, or Tenants, or other Parties interessed as aforesaid desiring the same, and giving such Fines, Rents and other considerations for the same, as by the said Sir William Roberts, Knight, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Peter Malbourne, Esquires, or the Survivors, or Survivor of them, or the major part of them, his, or their Heires, or Assignes shall be thought, and held just and reasonable. Provided also, and be it enacted by the Authority aforesaid, that all and singular Revenues, Rents, Issues, Fees, Profits, Summes of Money, and allowances whatsoever, as have heretofore been, and now ought to be [Page 166] paid disposed, or allowed unto, or for the maintenance of any Grammer Schoole or Schollars, or for, or towards the Reparation of any Church, Chappell, High-way, Causey, Bridge, Schoole-house, Almes-house, or other charitable use payable by any the Corporations, or Persons whose Offices or places, are taken away by this Act, or which are chargeable upon, or ought to issue out of, or be paid, for or in respect of the said premisses, or any of them, shall be and continue to be paid, disposed and allowed, as they were and have been heretofore any thing in this present Act to the contrary thereof notwithstanding. And to the intent and purpose the Parliament may be certainly and clearly informed of the premisses, to the end the same may be distributed, applied, & imployed to, and for such pious, and godly uses and purposes as is intended, and herein declared. Be it ordained and enacted▪ that the Lord Keeper of the Great Seale of England for the time being, shall by vertue of this Act have full Power and Authority, and is hereby required to award and issue forth severall Commissions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales, to be directed unto such and so many Persons as b [...] the Lords and Commons in this present Parliament assembled▪ shall be nominated, assigned, and appointed, thereby authorizing and requiring th [...]m or any five or more of them, and giving them full Power and [...]uthority by the Oathes of good and lawfull men, as by all other good and lawfull wayes and meanes to inquire and find out what Mannors, Castles▪ Lordships, Granges, Messuages, Lands, Tenements, Meadowes, Leasues, Pastures, Woods, Rents, Reversions, Services, Parsonages appropriate, Tithes, Oblations, Obventions▪ Pensions, Portions of Tithes, Vicaridges, Churches, Chappells, Advowsons, Nominations, Presentations, Rights of Patronage, Parkes, Annuities, and other Possessions and Hereditaments whatsoever, of what nature or quality soever they be, lying and being within every such County, or City not hereby limited, or disposed of unto His Majesty, doe belong, or appertaine unto all, every, or any such Arch-Bishop, Bishop, Deane, Sub-Deane, Deane and Chap [...]er, Arch-Deacon, Chanter, Chancellor, Treasurer, Sub Treasurer, Succentor, Sacrist, Prebendary, Canon, Canon Residenciary, [Page 167] Petty Canon, Vicar Chorall, Chorister, old Vicar, or new Vicar, in right of their said Dignities, Churches, Corporations, Offices, or places respectively, and what and how much of the same is in possession and the true yearely value thereof, and what and how much there [...]f is out in Lease, and for what Estate, and when and how determinable, and what Rents, Services, and other Duties are reserved, and payable during such Estate, & also the true yearely value of the same, as they are now worth in Possession, as also what Rents, Pensions, or other Charges, or other summes of money are issuing, due or payable out of any the Mannors, Lands, or Premisses, and to make an exact & particular survey thereof, and to take and direct, and settle such course for the safe custody, and keeping of all Charters, Evidences, Court-Rolls, and writings whatsoever, belonging unto all or any the Persons, Dignities, Churches, Corporat [...]ons, Offices and Places, or concerning any the Mannors, Lands, Tenements, Hereditaments, or other premisses before mentioned, as in their discretion shall be thought meet and convenient, and of all and singular their doings and proceedings herein fairely written, and ingross'd in Parchment to make returne, and Certificate into the Court of Chancery, and to this further intent & purpose, that speedy care and course may be taken for providing of a competent maintenance for supply and encouragement of Preaching Ministers in the severall Parishes, within the Kingdom of England, & Dominion of Wales. Be it likewise ordayned and enacted, that the same Commissioners and Persons authorized as abovesaid, shall have full power and authority by the Oathes of good and lawfull men, as by all other good wayes and lawfull meanes, to enquire and find out the true yearly value of all Parsonages, & Vicaridges Presentative & all other Spirituall and Ecclesiasticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within such Counties and Cities, and of all such particularly to enquire and certifie into the Court of Chancery, what each of them are truely and really worth by the yeare▪ and who are the present Incumbents or Possessors of them, and what, and how many Chappels belonging unto Parish Churches are within the limits of such Counties and Cities, within which they are directed and authorized to enquire, and how the severall [Page 168] Churches, and Chappels, are supplyed by Preaching Ministers, that so course may be taken for providing both, for Preaching, and of maintenance, where the same shall be found to be needfull & necessary, provided alwayes, that this Act, or any thing therein contayned, shall not extend to any Colledge, Church, Corporation, Foundation, or house of Learning, in either of the Vniversities within this Kingdom, and the said Sr William Roberts, Sr Thomas Atkins, Sr Iohn Wollaston, John Warner, Iohn Towes Aldermen of the City of London, Iohn Packer, and Peter Malbourne Esquires, and the Survivors and Survivor of them, or the greater part of them, his, and their Heires and Assignes a,re hereby directed, and authorized, to give and allow, unto such Officers as by them shall be thought fitting, and necessary, for keeping of Courts, Cellecting of Rents, Surveying of Lands, and all other necessary imployments, in & about the premisses, and unto the Comm [...]ssioners authorized by this Act, and such others, as shall be necessarily imployed by them, all such reasonable Fees, Stipends, Salaries, and Summes of Money as in their discretion shall be thought just, and conventent; And the said Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaston, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, and Peter Malborne Esquires, the Survivors and Survivor of them, his, and their Heires and Assignes of their severall Receipts, Imployments, Actions and Proceedings, shall give an accompt, and be accomptable unto the Lords and Commons in Parliament or such Person or Persons, as from time to time, by both Houses of Parliament shall be nominated and appointed in such manner, and with such Power, Priviledge, and Jurisdiction, to heare, and determine all matters concerning such accompts as by both Houses of Parliament, shall from time to time be thought necessary to be given them, and not elsewhere, nor otherwise, saving to all, and every Person, and Persons, Bodies Politique and Corporate their Heires and Successors, and the Heires & Successors of them and every of them, other then such Person or Persons, Bodies Politique and Corporate, whose Offices, Functions, and authorities are taken away and abolished by this Act, as to any Estate, Right, Title, or Interest, which they, or any of them claime to have or hold in right [Page 169] of their said Churches, Dignities, Functions, Offices, or places and other then the Kings Majesty, his Heires and Successors, as Patrons, Founders, or Donors, and all and every other Person and Persons, Bodies Politique and Corporate, as may claime any thing as Patrons, Founders or Donors, all such Right, Title, Interest, Possession, Rents, charge Rent, Service, Annuities, Offices, Pensions, Portions, Commons Fees, [...]rofits, claimes and demands, either in Law or Equity whatsoever. And all and singular such Leases for Yeares, Life or Lifes, as were before the Twentieth day of Ia [...]uary, in the yeare of our Lord, one Thousand sixe Hundred Forty two, made unto them or any of them, by any the Persons or Corporations above named, according to the Lawes and Statutes of this Realme, and warranted by the same, and all such Leases and Estates, as having been heretofore made, have been established, or setled by any Judgement or Decree, in any of the Courts at Westminster, and have been accordingly enjoyed; And all duties and profits whatsoever, which they, or any of them, have, or may claime, or of right ought to have, of, in, to, or out of any the said Mannors, Lands or Premisses whatsoever, or any pars, or parcell thereof, in such sort, manner, forme, and condition, to all intents, constructions and purposes, as if this Act had never been made.
The Articles of the late Treaty, of the date Edenburgh, the 29. of Novemb. 1643.
ARTICLES of the Treaty agreed upon betwixt the Commissioners of both Houses of the Parliament of England, having Power and Commission from the said Honourable Houses, and the Commissioners of the Convention of the Estates of the Kingdom of Scotland, Authorised by the Committee of the said Estates concerning the solemne League and Covenant, and the Assistance demanded in pursuance of the ends expressed in the same.
VVHereas the two Houses of the Parliament of England, IV. out of a just and deep sence, of the great and imminent danger of the true Protestant Religion, in regard of [Page 170] the great Forces of Papists, Prelates, Malignants, & their Adherents, raised & imployed against the constant Professors thereof in England, and Ireland, thought fit to send their Commissioners unto the Kingdom of Scotland, to Treat with the Convention of Estates & generall Assembly there, concerning such things as might tend to the preservation of Religion, & the mutuall good of both Nations; And to that end, to desire a more neere, and strict union betwixt the Kingdoms: And the Assistance of the Kingdom of Scotland, by a considerable strength to be raised, and sent by them into the Kingdom of England. And whereas upon a consultation held betwixt the Commissioners of the Parliament of England, the Committees of the Convention of Estates, and Generall Assembly; No meanes was thought so expedient to Accomplish, and strengthen the Vnion, as for both Nation [...] to enter into a Solemne League and Covenant, and a forme thereof drawn and presented to the two Houses of Parliament of England, the Convention of Estates, and Generall Assembly of Scotland, which hath accordingly been done, and received their respective Approbation. And whereas the particulars concerning the Assistance desired by the two Houses of the Parliament of England, from their Brethren of Scotland, were delivered in by the English Commissioners, August the 19. to the Convention of Estates, who did thereupon give power to their Committee, to consider and debate further with the English Commissioners, of what other Propositions might be added, or concluded; Whereby the assistance desired, might be made more effectuall and beneficiall: And in pursuance thereof, these Propositions following, were considered of, and debated by the Committee and Commissioners aforesaid; To be certified with all convenient speed, to the two Houses of the Parliament of England, and the Convention of Estates of Scotland by their respective Committees and Commissioners, to be respectively taken into their consideration, and proceeded with, as they should finde cause. Which being accordingly done, and these ensuing Propositions approved, agreed, and concluded of by the Houses of the Parliament of England, and the Committee of the Estates of Scotland [Page 171] respectively, and power by them given to their respective Committees, and Commissioners, formerly to agree and conclude the same as may appeare by the Votes of both Houses, dated the first of November, and the Order of the Committee, bearing date the 17th of November, Wee the said Commissioners, and Committees, according to their Votes, and Orders, do formally conclude, and agree upon these Articles following. And in confirmation thereof, doe mutually subscribe the same.
1. It is agreed and concluded, that the Covenant represented to the Convention of Estates, and Generall Assembly of Scotland, and sent to both Houses of the Parliament of England, in the same forme as it is now returned from the two Houses of the Parliament of England, to their Brethren of Scotland, and allowed by the Committee of Estates, and Commissioners of the Generall Assembly, be sworne, and subscribed by both Kingdomes, as a most neer Tye, and Conjunction between them, for their mutuall defence against the Papists and Prelaticall Faction, and their adherents in both Kingdomes, and for pursuance of the ends expressed in the said Covenant.
2. That an Army to this purpose, shall be Levyed forthwith, consisting of Eighteen Thousand Foot effective, and two Thousand Horse, and one Thousand Dragooners effective, with a suteable Traine of Artillery: To be ready at some Generall Rendezvous neer the Borders of England; to March into England for the purposes aforesaid, withall convenient speed, The said Foot and Horse, to be well and compleatly Armed, and provided, with Victualls and Pay for Forty daies: And the said Trayne of Artillery, to be fitted in all points ready to March.
3. That the Army be commanded by a Generall, appoynted by the Estates of Scotland, and subject to such Resolutions and directions as are, and shall be agreed, and concluded on mutually between the two Kingdoms: or by Committees appoynted by them in that behalfe, for pursuance of the ends above mentioned.
4. That the Charge of Levying, Arming, and bringing the said Forces together Furnished, as also the fitting the [Page 172] Traine of Artillery in readinesse to March, be computed and set owne according to the same Rates, as if the Kingdom of Scotland were to raise the said Army for themselves, and their own Affaires: All which, for the present, is to be done by the Kingdom of Scotland upon Accompt, And the Accompt to be delivered to the Commissioners of the Kingdom of England: and when the Peace of the two Kingdoms is setled, the same to be repaid or satisfied to the Kingdom of Scotland.
5. That this Army be likewise paid, as if the Kingdom of Scotland were to imploy the same for their own occasions, and toward the defreying thereof, (it not amounting to the full months pay) shall be Monthly allowed & paid the summe of thirty thousand pounds sterling by the Parliament of England, out of the Estates and Revenues of the Papists, Prelats, Malignants, and their Adherents or otherwise; And in case the said Thirty thousand pounds Monthly, or any part thereof, be not paid at the time when it shall become due, and payable, The Kingdom of England shall give the Publique Faith for the paying of the remainder unpaid, with all possible speed. Allowing the rate of eight pounds per centum, for the time of the performance thereof. And in case, that notwithstanding the said Monthly summe of Thirty Thousand pounds paid as aforesaid, the States and Kingdom of Scotland, shall have just cause to demand furthar satisfaction of their Brethren of England, when the Peace of both Kingdoms is setled, for the pains, hazard, and charges they have undergone in the same, They shall by way of brotherly assistance, have due recompence made unto them by the Kingdom of England; And that out of such Lands and Estates of the Papists, Prelats, Malignants, and their Adherents, as the two Houses of the Parliament of England shall think fit; And for the assurance thereof, the Publique Faith of the Kingdom of England shall be given them.
6. And to th' end the said Army in manner aforesaid, may be enabled and prepared to march: The Kingdom of England is to pay in ready money to their B [...]ethren of Scotland, or such as shall have power from the Estates of that Kingdom, the summe of one hundred thousand Pounds sterling, at Leith, or [Page 173] Edenburgh, with all convenient speed, by way of advance, before hand, which is to be discounted back againe unto the Kingdom of England, by the Kingdom of Scotland, upon the first Monthly allowance, which shall grow due to the Scottish A [...]my, from the time they shall make their first entrance into the King [...]m of England.
7. That the Kingdom of Scotland to manifest their willingnesse to their utmost ability, to be helpfull to their Brethren of England, in this common Cause, will give the Publique Faith of the Kingdom of Scotland, to be joyntly made use of with the Publique Faith of the Kingdom of England, for the present taking up of two hundred thousand pounds sterling, in the Kingdom of England, or else where, For the speedy procuring of the said Hundred Thousand pounds sterling as aforesaid, As also a considerable summe, for the satisfying in good proportion▪ the Arreares of the Scottish Army in Ireland.
8. That no Cessation, nor any Pacification, or Agreement for Peace whatsoever, shall be made by either Kingdom: or the Armies of either Kingdom, without the mutuall advice and Consent of both Kingdoms, or their Committees in that behalf appointed, who are to have full Power for the same in case the Houses of the Parliament of England, or the Parliament, or convention of Estates of Scotland shall not sit.
9. That the Publique Faith of the Kingdome of Scotland, shall be given to their Brethren of England, That neither their entrance into, nor their continuance in the Kingdome of England, shall be made use of to any other ends, then are expressed in the Covenant, and in the Articles of this Treaty; And that all matters of difference▪ that shall happen to arise between the Subjects of the two Nations, shall be resolved and determined by the mutuall advice and consent of both Kingdomes, or by such Committees, as for this purpose shall be by them appointed, with the same power, as in the precedent Article.
10. That in the same manner, and upon the same conditions as the Kingdome of Scotland, is now willing to ayde and assist their Brethren of England, the Kingdome of England doth oblige themselves to ayd and assist the Kingdome of Scotland, in [Page 174] the same, or like cases of streights, and extremities.
11. Lastly, it is agreed and concluded, That during the time that the Scottish Army shall be imployed as aforesaid, for the defence of the Kingdome of England, There shall be fitted out as Men of Warre, Eight Ships, whereof sixe shall be of Burthen, betwixt one hundred and Twenty, and two hundred Tonne, the other between three and foure hundred Ton [...]e, whereof two shall be in Lieu of the two Ships appointed by the Irish Treaty; All which shall be maintained at the charge of the Kingdome of England, to be imployed for the defence of the Coast of Scotland, under such Commanders as the Earle of Warwick for the time of his being Admirall shall nominate, with the approbation of the Committees of both Kingdomes, which Commanders shall receive from the said Earle, generall Instructions, that they doe from time to time observe the directions of the Committees of both Kingdomes.
The Ordinance for calling the Assembly of Divines.
An Ordinance of the Lords and Commons in Parliament, for the calling of an Assembly of Learned and Godly Divines, and others, to be consulted with, by the Parliament, for the setling of the Government and Liturgy of the Church of England, and for vindicating and clearing of the Doctrine of the said Church from false aspertions and interpretations.
WHereas amongst the infinite blessings of Almighty V. God upon this Nation, none is, or can be more deare unto us, then the purity of our Religion, and for that as yet many things remaine in the Liturgy, Discipline and Government of the Church, which do necessarily require a further and more perfect Reformation, then as yet hath been attained: and whereas it hath bin declared and resolved by the Lords and Commons assembled in Parliament, that the present Church- [Page 175] government by Arch-bishops, Bishops, their Chancellors, Commissaries, Deanes, Deanes and Chapters, Arch-deacons, and other Ecclesiasticall Officers depending upon the Hierarchy, is evill and iust [...]y offensive and burthensome to the Kingdom, a great impedime [...]t to Reformation and growth of Religion, and very preiudicial [...] to the State and government of this Kingdom, and th [...] therefore they are resolved that the same shall be taken away, and that such a government shall be setled in the Church, a [...] may be most agreeable to Gods holy word, and most apt to pro [...]ure and preserve the peace of the Church at home, and neerer agreement with the Church of Scotland, and other reformed Churches abroad, and for the better effecting hereof, and for the vindicating and clearing of the doctrine of the Church of England, from all false calumnies and aspersions, It is thought fit and necessary, to call an Assembly of Learned, Godly, and judicious Divines, who together with some Members of both the Houses of Parliament, are to consult and advise of such matters and things touching the premises, as shall be proposed unto them by both, or either of the Houses of Parliament, and to give their advice and counsell therein, to both or either of the said Houses, when and as often, as they shall be thereunto required. Be it therefore ordained by the Lords and Commons in this present Parliament assembled, That all and every the persons hereafter in this present Ordinance named, that is to say, Algernon Earle of Northumberland, William Earle of Bedford, Philip Earle of Pembroke and Montgomery, William Earle of Salisbury, Henry Earle of Holland, Edward Earle of Manchester, William Lord Viscount Say and Seale, Edward Lord Viscount Conway, Philip Lord Wharton, Edward Lord Howard of Estr. John Selden Esqu. Francis Rows Esqu. Edmund Prideaux Esqu. Sr Henry Vane Knight senior, Iohn Glyn Esqu. Recorder of London, Iohn White Esqu. Bouldstrode Whitlocke Esqu. Humphrey Salloway Esqu. M. Serjcant Wild, Oliver Saint-John Esqu. His Majesties Sollicitor, Sr Benjamen Rudyard Knight, Iohn Pym Esq. Sir John Clotworthy Knight, Iohn Maynard Esqu. Sir Henry Vane Knight junior, William Pierpoint Esqu. William Wheeler Esqu. Sir Thomas Barrington Knight, [Page 176] Walter Young Esqu. Sir John Evelin Knight, Herbert Palmer of Ashwell Batchelor in Divinity, Oliver Boles of Sutton Batchelor in Divinity, Henry Wilkinson of Waddesdon Batchelor in Divinity, Thomas Valentine of Chalfont-Giles Batchelor in Divinity, D▪ William Twiss of Newbury, William Raynor of Egham, Mr. Hannibal Gammon of Maugan, Mr. Iasper Hick [...] of Lawrick, Dr. Joshua Hoyle late of Dublin in Ireland, William Bridges of Yarmouth, Thomas Wincop of Ellesworth Doctor in Divinity, Thomas Goodwin of London B [...]tchelor in Divinity, Iohn Ley of Budworth in Cheshire, Thomas Case of London, Iohn Pyne of Bereferrers, Mr. Whidden of Mooreton, Dr. Richard Love of Ekington, Dr. William Gouge of Blackfriers London, Dr. Ralph Brownerigg Bishop of Exeter, Dr. Samuel Ward, Master of Sidney Colledge, Iohn White of Dorchester, Edward Peale of Compton, Stephen Marshall of Finchingfild Batchellor in Divinity, Obediah Sedgewicke of Cogshall, Batchellor in Divinity, M. Carter, Peter Clerk of Carnaby, William Mew of Estington Batchellor in Divinity, Richard Capell of Pitchcomb, Theophilus Bathurst of Overton Watervile, Phil. Nye of Kimbolton, D. Brocket Smith of Barkway, D. Cornelius Burges of Watford, John Greene of Pencombe, Stanley Gower of Brampton-Bryan, Francis Taylor of Yalding, Tho. Wilson of Otham, Antho. Tuckney of Boston, Batchellor of Divinity, Thomas Coleman of Bliton, Charles Herle of Winwicke, Richard Herricke of Manchester, Richard Cleyton of Showell▪ George Gibbs of Ayleston, D. Calibute Downing of Hackney, Jeremy Boroughes of Stepney, Edmund Calamy Batchellor in Divinity, George Walker Batchellor in Divinity, Ioseph Carroll of Lincolns Inne, Lazarus Seaman of London, D. Iohn Harris, Warden of Winchester Colledge, George Morley of Mildenhall, Edward Reynolds of Branston, Thomas Hill of Titchmarch, Batchellor in Divinity, D. Robert Saunderson of Boothby Pannell, Iohn Foxcroft of Gotham, Iohn Iackson of Marske, William Carter of London, Thomas Thoroughgood of Massingham, Iohn Arrowsmith of Lynne, Robert Harris of Hanwell, Batchellor in Divinity, Robert crosse of Lincolne Colledge, Batchellor in Divinity, Iames Archbishop of Armagh, [Page 177] Dr Matthias Styles of Saint George Escheape London, Samuel Gibson of Burley, Jeremiah Whitacre of Stretton, D. Edmund Stanton of Kingston, D. Daniel Featley of Lambeth, Francis Coke of Yoxhall, John Lightfoote of Asheley, Edward Corbet of Merton Colledge Oxon, Samuel Heldersham of Felton, John Langley of Westuderley, Christopher Tisdale of Vphusborne, T [...]as Young of Stowmarket, John Phillips of Wrentham, Humphrey Chambers of Claverton Batchellor in Divinity, John Conant of Lymington Barchellor in Divinity, Henry Hall of Norwich Batchellor in Divinity, Henry Hutton, Henry Scuddir of Colingborne, Thomas Baylie of Manningford Bruce, Benjamine Pickering of Easthoateley, Henry Nye of Clapham, Arthur Sallaway of Seavernestoake, Sydrake Sympson of London, Anthony Burgesse of Sutton Coldfield, Richard Vines of Calcot, William Greenhill of Stepney, William Moreton of Newcastle, Richard Buckley, D. Thomas Temple of Battersey, Simeon Ashe of Saint Brides, M. Nicholson, Thomas Gattaker of Rotherhithe Batchellor in Divinity, Iames Weldy of Sylatten, D. Christopher Pashley of Hawarden, Henry Tozer Batchellor in Divinity, William Spurstow of Hampden in Com. Bucks. Francis Channell of Oxon, Edward Ellis of Gilffield Batchellor in Divinity, D Iohn Hacket of Saint Andrews Holborne, Samuel de la Place, Iohn de la March, Matthew Newcomen of Dedham, William Lyford of Sherborne in Com. Dorset, M. Carter of Dynton in Com. Bucks. William Lance of Harrow in Middlesex, Thomas Hodges of Kensington in Com. Middlesex, Andreas Perne of Wilby in Com. Northampton, D. Thomas Westfield of S. Bartholomew le great London Bishop of Bristoll, D. Henry Hammon of Penshurst in Kent, Nicholas Prophet of Marlborough in Com. Wilts, Peter Sterry of London, Iohn Erle of Bishopston in Com. Wilts, M Gibbon of Waltham, Henry Painter of Exceter, Batchellor in Divinity, M. Michel [...]hwaite of Cherryburton, D. Iohn Wincop of S. Martins in the fields, M. Price of Pauls Church in Covent garden, Henry W [...]lkinson Junior, Batchellor in Divinity, D. Richard Oldsworth Master of Emanuell Colledge in Cambridge, M. William Duning of Coldaston, and such other person and persons, as shall be nominated and appointed [Page 178] by both Houses of Parliament, or so many of them, as shall not be letted by sicknesse or other necessary impediment, shall meet and assemble, and are hereby required and enjoyned upon summons signed by the Clerkes of both Houses of Parliament, left at their severall respective dwellings, to meet and assemble themselves at Westminster, in the Chappell called King Henry the sevenths Chappell, on the first day of Iuly, in the yeare of our Lord, one Thousand sixe hundred forty three: and after the first meeting, being at least of the number of forty, shall from time to time sit and be removed from place to place, and also that the said Assembly shall be dissolved in such manner, as by both Houses of Parliament shall be directed; And the said persons, or so many of them, as shall be so Assembled, or sit, shall have power and authority, and are hereby likewise enjoyned, from time to time during this present Parliament, or untill further order be taken, by both the said Houses, to conferre and treat amongst themselves, of such matters and things, touching and concerning the Liturgy, Discipline, and Government of the Church of England, or the vindicating and clearing of the doctrine of the same, from all false aspertions and misconstructions, as shall be proposed unto them by both, or either of the said Houses of Parliament, and no other, and to deliver their opinions and advices of, or touching the matters aforesaid, as shall be most agreeable to the Word of God, to both or either of the said Houses, from time to time, in such manner and sort, as by both or either of the said Houses of Parliament, shall be required, and the same not to divulge by Printing, writing, or otherwise without the consent of both or either House of Parliament. And be it further Ordained by the authority aforesaid, that William Twiss Doctor in Divinity shall sit in the Chaire as Prolocutor of the said Assembly, and if he happen to die, or be letted by sicknesse, or other necessary impediment, then such other person to be appointed in his place, as shall be agreed on, by both the said Houses of Parliament; And in case, any difference of Opinion shall happen among the said persons so assembled, touching any the matters, that shall be proposed to them as aforesaid, that then they shall represent the [Page 179] same, together with the reasons thereof to both or either of the said Houses respectively, to the end such further direction may be given therein, as shall be requisite in that behalfe. And be it further ordained by the authority aforesaid, that for the charges and expences of the said Divines, and every of them, in attending the said service, there shall be allowed unto every of them that shall so attend, during the time of their said attendance, and for ten dayes before, and ten dayes after, the summe of foure shillings for every day, at the charges of the Common-wealth, at such time and in such manner as by both Houses of Parliament shall be appointed. And be it further Ordained, that all and [...]very the said Divines, so as aforesaid required and enjoyned to meet and assemble, shall be freed and acquitted of, and from every offence, forfeiture, penalty, losse or damage, which shall or may arise or grow by reason of any non-residence or absence of them or any of them, from his or their, or any of their Church, Churches, or Cures, for, or in respect of their said attendance upon the said Service, any Law or Statute of Non-residence, or other Law or Statute enjoyning their attendance upon their respective Ministeries or Charges to the contrary thereof notwithstanding; And if any of the persons before named shall happen to dye before the said Assembly shall be dissolved by Order of both Houses of Parliament, then such other person or persons shall be nominated and placed in the roome and stead of such person and persons so dying, as by both the said Houses shall be thought fit and agreed upon: And every such person or persons so to be named, shall have the like Power and Authority, Freedome, and acquittall to all intents and purposes, and also all such wages and allowances for the said service, during the time of his or their attendance, as to any other of the said persons in this Ordi [...]ance is by this Ordinance limited and appointed. Provided alwayes, that this Ordinance, or any thing therein contained, shall not give unto the persons aforesaid, or any of them, nor shall they in this assembl [...] assume to exercise any Iurisdiction, Power, or Authority Ecclesiasticall whatsoever, or any other Power, then is herein particularly expressed.
The Votes or Orders delivered with it.
Die Mercurii 5. Iulii, 1643.
ORdered by the Lords and Commons in Parliament Assembled, VI. That it shall be propounded to the Assembly to Morrow at their meeting, to take into their Consideration the Tenne first Articles of the 39 Articles of the Church of Englan [...], to free, and Ʋindicate the Doctrine of them from all Aspersions, and false interpretations.
Iovis 6. Iulii, 1643.
Some generall Rules for the Assembly, directed by the Lords and Commons in Parliament Assembled.
- 1. THat two Assessors be joyned to the Prolocutor, to supply his place in case of Absence or Infirmity.
- 2. Two Scribes to be appoynted to set downe all proceedings, and these to be Divines, who are not Members of the Assembly, viz. Mr Henry Rowberry, and Mr Adoniram By feild.
- 3. Every Member at his first entrance into the Assembly, shall make a serious and solemne Protestation, not to maintain any thing but what he believes to be Truth, and to embrace Truth in sincerity when discovered to him.
- 4. No Resolution to be given upon any Question on the same day wherein it is first Propounded.
- 5. What any man undertakes to prove as necessary, he shall make good out of the Scriptures.
- 6. No man to proceed in any dispute after the Prolocutor hath enjoyned him silence, unlesse the Assembly desire he may goe on.
- 7. No man to be deemed to enter his dissent from the Assembly, and his Reasons for it in any poynt after it hath first been debated in the Assembly; And thence (if the dissenting party desire it) to be sent to the Houses of Parliament by the Assembly, (not by any particular Man or Men in a private way) when either House shall require it.
- 8. All things agreed on and prepared for the Parliament to be openly Read and allowed in the Assembly, and then offered as [Page 181] the Iudgement of the Assembly, if the Major part Assent, Provided that the opinion of any Persons dissenting, and the Reasons urged for it, be annexed thereunto (if the dissenters require it) together with the Solutions (if any were) given in the Assembly to those Reasons.
Jovis 6. Iulii, 1643.
I A. B. doe seriously and solemnly in the presence of Almighty God, that (in this Assembly whereof I am a Member) I will not maintain any thing in matters of Doctrine, but what I think in my Conscience to be Truth, or in point of Disci [...]line, but what I shall conceive to conduce most to the glory of God, and the good, and Peace of his Church.
Veneris 15. Sept. 1643.
ORdered by the Lords and Commons in Parliament Assembled, That, it be referred to the Assembly of Divines, to set forth a Declaration of the Reasons and Grounds, that have induced the Assembly to give their Opinions, that this Covenant may be taken in poynt of Conscience.
Eodem Die.
ORdered by the Lords and Commons in Parliament Assembled, that it be referred to the Committee formerly appointed, to Treat with the Scotch Commissioners: to Treat with them about the manner of taking the Covenant in both Kingdoms.
Mercurii 22. August. 1643.
ORdered by the Lords and Commons in Parliament Assembled▪ that it be pr [...]pounded to the Assembly of Divines, to consider of the Doctrine of the Nine next Articles of the [...]9▪ Articl [...]s of the Church of England, to cleare, and vindicate the same from all Aspersions and false interpretations.
The Articles of the sixt of August, 1642.
ARTICLES of the Treaty, concerning the Reducing of the Kingdome of Ireland to the Obedience of the Kings Majesty, and Crowne of England, agreed upon between the Commissioners for Scotland, authorized by Hi [...] Majesty, and the Parliament of that Kingdome, and the Commissioners for England, authorized by His Majesty and the Parliament of that Kingdome, at Westminster, the sixt day of August, 1642.
FIrst, The Scottish Commissioners out of the sense of that duty VII. which the Kingdome of Scotland owes to His Majesty, and the true affection they beare towards the Kingdome of England, being willing to contribute their best assistance for the speedy reliefe of those distressed parts in Ireland, which lye nearest the Kingdome of Scotland; Have in the name of that Kingdome, made offer of Ten Thousand Men, to be imployed in that Service; And for a further Testimony of their Zeale to His Majesties Service, and Brotherly respect to the Kingdome of England, have declared, that the Kingdome of Scotland, will upon their owne Charge▪ Levy and Transport these Men.
Secondly, Because the Kingdome of Scotland, are to send over with their Army, the number of six thousand Muskets and foure thousand Pikes, with such Canon and Ammunition as shall be fitting for the service; It is agreed, that foure thousand Muskets, and two thousand Pikes, shall be presently sent by the Kingdom of England, into the Kingdom of Scotland, and delivered at L [...]th; As also that the residue of the said ten thousand Armes, and ten thousand Swords, and Belts, shall be delivered there, at the first of August next; And that as many Canon and Field-Peeces of the same bore, weight, and mettle, shall be carryed into Scotland, upon their demand, as they shall Transport into Ireland▪ for th [...] s [...]vice of that Kingdome. And that the said whole Armes and Ammunition shall remaine in Scotland, untill the returne of the Sc [...]ttish Army from Ireland: At which time the same shall be restored to the Kingdome of England, the Kingdome of Scotland receiving [Page 183] satisfaction for such of their Armes and Ammunition, as shall be spent or lost in the service of Ireland; As also that there shall be presently sent over from England, and delivered to the Scottish Army in Ireland, for the defence of the Province of Vlster, sixe Peeces of Demy Canon, of the Ball of Foure and twenty pound weigh [...] [...] their Equipage.
Thi [...]y, It is agreed, That there shall be two Ships of Warre pres [...]t [...] [...]nt by the Kingdome of England, to Lochryan, Lamal [...]c [...], [...] Patrick, or Air, to Guard and waft over the Scottish Souldi [...]s: And that the said Ships shall attend at the Ports in Ir [...]and; for serving the Scottish Army, in going, and returning betwixt the Coasts, and keeping the Passages cleare, as they shall receive Orders from the chiefe Commanders of the Scottish Army for the time being, according to Instructions received, or to be received by the Master of these Ships from the Lord Admirall, or Commissioners of the Admiralty for the time being, to that purpose.
Fourthly, It is agreed, That there shall be Levyed and furnished by the Kingdome of England, ten Troopes of sufficient and well Armed Horsemen, consisting of sixty in a Troop, besides the Officers; And that there shall be a Commissary Generall, a Serjeant-Major, and a Quarter-master appointed over them, which shall joyne and remaine with the Body of the Scottish Foot, and shall receive and obey the Orders and Instructions of the Commanders of the Scottish Army; And that there shall be presently advanced the summe of twelve Hundred Pounds sterling, for the Levying of a Troop of one hundred Horsemen in Scotland, besides the Officers, to be a Guard to the Generall of the Scottish Army.
Fifthly, It is agreed, That the Commanders and Souldiers of the Scottish Army, shall have such Pay respectively as the Commanders and Souldiers of the English Army have, according to a List presently agreed upon by the Commissioners of both Kingdomes; As also that the Officers of that Army, shall have such allowance for their Waggons▪ as is contained in the said List.
Sixtly, It is agreed, That the Townes and Castle of Carickfergus, and Colrayne, shall be put into the hands of the Scottish Army, to be places for their Magazines, and Garrisons, and to [Page 184] serve them for Retreat upon occasion; And that the Magistrates, and Inhabitants thereof, shall be ordeyned to carry themselves to the Commanders of the said Army as is fitting and ordinary in such Cases; And that the said Townes, and Castle shall remain in the Scots hands, untill the Warre shall end▪ or that they shall be discharged of that service, Like as the Commissioners for the Kingdom of Scotland do promise in the Pu [...]lique Faith of that Kingdom, to redeliver the said Townes and Castle to any, having Commission from the King and Parliament of England, as also the Commissioners for the Kingdom of England, do promise in the name, and on the Publique Faith of that Kingdom, That Payment shall be made to the Kingdom of Scotland, and their Army▪ of all dues that shall arise upon this present Treaty, and that when the Scottish Army imployed in the service of Ireland shall be discharged, they shall be disbanded by Regiments, and no lesser proportions, and so may of them payed off, as shall be disbanded, and the residue kept in pay, till they be disbanded.
Seventhly, It is agreed, that the Townes of Charickfergus, and Colrayne, shall by the Kingdom of England, be with all expedition provided with Ʋictualls, necessary for Souldiers, either in Garrisons, or expeditions, according to a List to be agreed on, and Subscribed by the Commissioners of both Kingdoms; And that such quantities thereof, as the Scottish Army shall have occasion to use, shall be sold unto them, and bought by them, at the severall Prices contained in the aforesaid List. And also that the said Townes of Carickfergus, and Colrayne, shall be provided by the Kingdom of England, with Powder, Ball, Match, and other Ammunition for the service of the said Army, conforme to the particular List to be condescended unto by both Commissioners, and that Carts and Waggons shall be provided by the Kingdom of England, for carrying of Ammunition for the use of the said Army in Marches; As also, that there shall be Gun-Smiths, Carpenters, and one, or two Engineers, appoynted to attend the Army, and that hand Mils shall be provided to serve the Companies in Marches.
Eightly, It is agreed, that the Kingdom of England, shall deposite two Thousand Pounds English money, in the hands of any, [Page 185] to be appoynted by the Scottish Commissioners, to be disbursed upon accompt, by warrant of the Generall of their Army, upon Fortifications, Intelligences, and other Incidents: so that there be not above the summe of two Thousand pounds in a yeare Imprested upon these occasions, without particular and speciall warrant from the Parliament of England, As also that there shall be deposited, two Thousand and five hundred pounds English, to be disbursed upon Accompt, for the providing of a thousand Horses, for the Carriage of the Artillery, the Baggage, and Victuall of their Army, and for Dragooners upon occasion: And likewise that the Scottish Army during the time of the Warre, shall have power to take up such Horses in the Country, as be necessary for the uses aforesaid.
Ninth, It is agreed, that the Inhabitants of the Townes and Villages, in the Province of Vlster, and in any other Province of Ir [...]land, where the Scottish Army shall be by it selfe, for the time, shall receive Orders from the Scottish Commanders, And shall bring in Ʋictualls for Money in an orderly way, as shall be directed by them, with Provision of Oates, Hay, and Strawe, and such other Necessaries. And that the Country People shall Rise and Concurre with the Scottish Troops, when the Commanders thereof, shall find it for the good of the Service▪ and shall receive Orders and Directions from the said Commanders of the Scottish Army.
Tenth, It is agreed, that the said ten thousand men, to be sent out of the Kingdom of Scotland, shall goe in the way and order of an Army under their own Generall, and Subalterne Officers; And the Province of Vlster is appointed unto them, wherein they shall first prosecute the Warre, as in their Judgment they shall think most expedient for the honour of the King, and Crowne of England, And that the Commanders of the said Army, shall have power to give Conditions, to Townes, Castles and Persons which shall render and submit themselves▪ as shall be most expedient for the service according to the course of Warre; Provided no Toleration of the Popish Religion be granted, nor any condition made touching or concerning any of the Rebels Lands, and that the Commanders [...]f the Scottish Army shall be answerable for their whole [Page 186] deportment, and proceedings to His Majesty, and the two Houses of the Parliament of England only, but shall from time to time give an accompt thereof, to His Majesty, the two Houses of the Parliament of England, and to the Cheife Governour, or Governours of Ireland for the time being, that such Townes and Places▪ as shall be recovered from the Rebels by the Scottish Army, shall be at the disposing of the Commanders thereof, during their aboade for that service in those parts, where such Townes and Places are; And if it shall be found for the good of the service, that the Scottish Army shall joyne with the Kings Lievtenant of Ireland and his Army, in that case, the Generall of the Scottish Army shall only cede to the Kings Lievtenant of Ireland, and receive in a free and honourable way Instructions from him, or in his absence from the Lord Deputy, or any other who shall have the Cheife Government of that Kingdome for the time, by authority derived from the Crowne of England, and shall precede all others, and that he only shall give Orders to the Officers of his own Army; And that the Armies shall have the right & lefthand, Vand, and Reare, Charge, and Retreat successively, and shall not mixe in Quarterings, nor Marchings, and when it shall be found fit to send Troopes out of either Army, that the Persons to be sent out of the Scottish Army, shall be Commanded out by their own Generall the Lievtenant of Ireland prescribing the number, which shall not exceed the fourth part of the whole Foote of the Scottish Army, nor of the Horse appointed to joyne therewith, whereunto they shall returne when the service is done. And that no Officer of the Scottish Army, shall be Commanded by one of his owne quality, and if the Commanders of the Troopes so sent out of either Army, be of one Quality, that they Command the Party by turnes; And it is neverthelesse provided, That the whole Scottish Army may be called out of the Province of Vlster, and the Horses appointed to joyne with them by His Majesties Lievtenant of Ireland, or other Cheife Governour, or Governours of that Kingdom for the time being, if he, or they shall thinke fit, before the Rebellion be totally suppressed therein.
Eleventh, It is agreed, That the Scottish Army shall be entertained by the English for three moneths, from the Twentieth [Page 187] of Iune last, and so along after, untill they be discharged; and that they shall have a moneths Pay advanced, when they are first Mustered in Ireland, and thereafter shall be duly paid from Month to Month; And that there shall be one Muster-Master appointed by the English Muster-Master Generall, to make strict and frequent Musters of the Scottish Army, and that what Companies of Men shall be sent out of Scotland, within the compasse of the ten Thousand Men, shall be paid upon their Musters in Ireland, although they make not up compleat Regiments.
Twelfth, It is agreed, That the Scottish Army shall receive their discharge from the King and Parliament of England, or from such Persons as shall be appointed and authorized by His Majesty and both Houses of Parliament for that purpose; And that there shall be a Moneths warning before hand of their disbanding: which said discharge and Moneths warning, shall be made knowne by His Majesty and them, to the Councell of Scotland, or the Lord Chancellour, a Moneth before the discharging thereof; And that the Common Souldiers of the Scottish, at their dismission, shall be allowed fourteen dayes Pay for carrying of them home.
Thirteenth, It is provided and agreed, That at any time, after the three Moneths now agreed upon for the entertainment of the Scottish Army, shall be Expired, and that the two Houses of Parliament, or such Persons as shall be authorized by them, shall give notice to the Councell of Scotland, or to the Lord Chancellor there, That after one Moneth from such notice given, the said two Houses of Parliament will not pay the said Scottish Army now in Ireland any longer, then the said two Houses of Parliament shall not be obleiged to pay the said Army any longer then during the said Moneth; Any thing in this Treaty contained to the Contrary notwithstanding.
The Ordinances of the 9th of March, and 11th of Aprill.
Die Sabbati 9. Martii, 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled.
THat he who doth, or shall command in chiefe over the said VIII. Army, by joynt advice of both Kingdoms, shall also command the rest of the Brittish Forces in Ireland; And for the further managing of that Warre, and prosecuting the ends expressed in the Covenant. That the same be done by joynt advice with the Committees of both Kingdomes.
Die Iovis 11. April, 1644. Resolved upon the Question by the Lords and Commons in Parliament Assembled.
THat the Earle of Leven, Lord Generall of the Scots Forces in Ireland (being now by the Votes of both Houses agreed to be Commander in Chiefe, over all the Forces, as well Brittish as Scots, according to the Fourth Article of the result of the Committees of both Kingdoms passed both Houses) be desired with all convenient speed by the advice of the said Committees, to appoynt and nominate a Commander in chiefe under his Excellency over the said Forces, to reside with them upon the place.
Resolved, &c.
THat Committees be nominated and appointed by the joynt advice of both Kingdomes, of such numbers and Qualities as shall be by them agreed on, to be sent with all convenient speed to reside with the said Forces, and inabled with all ample Instructions by the joynt advice of both Kingdoms, for the Regulating of the said Forces, and the better carrying on of that Warre.
The Letter of the Lords, Justices, and Councell of Ireland, to the Speaker of the House of Commons in England, 4. Aril. 1643. a Duplicate whereof (the originall being sent to Westminster) was by them sent to Mr Secretary Nicholas for His Majesty.
OVr very good Lord the Lord Marquesse of Ormond having IX. in his march in his last expedition, consulted severall times with the Commanders and Officers of the Army in a Councell of Warre, and so finding that subsistence could not be had abroad for the Men and Horses he had with him, or for any considerable part of them, it was resolved by them, that his Lordship with those Forces should returne hither, which he did on the sixe and twentieth of March.
In his returne from Rosse (which in the case our Forces stand, he found so difficult to be taken in, as although our Ordinance made a breach in their walls, it was found necessary to desert the Siege) he was encountred by an Army of the Rebels, consisting of about sixe thousand Foot, and sixe hundred and fifty Horse well Armed and Horsed, yet it pleased God so to disappoint their Councells and strength, as with those small Forces which the Lord Marquesse had with him, being of fighting men about two thousand five hundred Foot, and five hundred Horse not well armed, and for the most part weakly horsed, and those as well Men as Horses much weakned by lying in the fields severall nights in much Cold and Raine, and by want of mans-meat and horse-meat, the Lord Marquesse obtained a happy and glorious deliverance and Victory against those Rebells, wherein were slaine about three hundred of them, and many of their Commanders and others of quality, and divers taken Prisoners, and amongst those Prisoners Colonell Cullen a Native of this City, who being a Colonell in France, departed from thence, and came hither to assist the Rebels, and was Lievtenant Generall of their Army in the Province of Leinster, and the Rebels Army were totally Routed and defeated, and their [Page 190] Baggage, and Munition seized on by His Majesties Forces, who lodged that night where they had gained the Victory, and on our side about Twenty slaine in the fight, and divers wounded.
We have great cause to praise God, for magnifying his goodnesse and mercy to his Majesty, and this his Kingdome so manifestly, and indeed wonderfully in that Victory.
However the joy due from us upon so happy an occasion, is we confesse mingled with very great distraction here in the apprehension of our unhappinesse, to be such, as although the Rebels are not able to overcome His Majesties Army, and devoure his other good Subjects here as they desire, yet both his Army and good Subjects are in danger to be devoured by the wants of needfull Supplies forth of England, for as we formerly signified thither, those Forces were of necessity sent abroad to try what might be done for susteining them in the Country, so as to keep them alive untill Supplies should get to us; But that designe now failing, those our hopes are converted into astonishment to behold the unspeakable miseries of the Officers & Souldiers for want of all things, and all those wants made the more unsupportable in the want of Food, whilest this City (being all the help we have) is now too apparently found to be unable to help us, as it hath hitherto done, and divers Commanders and Officers in the Army doe now so faire expresse their sense of their sufferings, (which indeed are very great and grievous) as they declare that they have little hope to be supplyed by the Parliament, and presse with so great importunity to be permitted to depart the Kingdome, as it will be extream difficult to keep them here.
By our Letters of the three and twentieth of March, we signified thither the unsupportable burthen laid on this City, for Victualling those of the Army left here, when the Lord Marquesse with the Forces he took with him, marched hence, which burden is found every day more heavy then other in regard of the many house-keepers thereby dayly breaking up house, and scattering their Families, leaving still fewer to bear the burden. We also by those Letters, and by our Letters of [Page 191] the five and twentieth of February, advertised thither the high danger this Kingdom would incurre, if the Army so sent abroad, should by any distresse, or through want be forced back hither againe, before our reliefe of Victualls should arrive forth of England.
When we found that those men were returning back hither, although we were (and are still) full of distraction, considering the dismall consequences threatned thereby in respect of our wants, yet we consulted what we could yet imagine f [...]sible, that we had not formerly done, to gaine some Food for those men, and found, that to send them, or others abroad into the Country, we cannot, in regard we are not able to advance Money for procuring the many requisites incident to such an expedition. In the end therefore, we were enforced to fixe on our former way, and so to see who had any thing yet left him untaken from him to help us, and although there are but few such, and some of them poor Merchants, whom we have now by the Law of necessity utterly undone and disabled, from being hereafter helpfull to us, in bringing us in Victualls, or other needfull Commodities, yet were we forced to wrest their Commodities from them, and certainly there are few here of our selves, or others, that have not felt their parts in the enforced rigour of our proceedings, towards preserving the Army, so as what with such hard dealing, no lesse greivous to us to do, then it is heavy to others to suffer, and by our discending (against our hearts) farre below the honour and dignity of that power we represent here, under his Royall Majestie, we have with unspeakable difficulty prevailed, so as to be able to find Bread for the Souldiers for the space of one month.
We are now expelling hence all strangers, and must instantly send away for England, thousands of poore dispoyled English, whose very eating is now unsupportable to this place.
And now againe and finally, we earnestly desire, (for our confusions will not now admit the writing of many more Letters, if any) that His Majesty and the English Nation may not suffer so great, if not irrecoverable prejudice and dishonour, as must unavoydably be the consequence of our not being relieved suddenly, but that yet (although it be even now at the [Page 192] point to be too late) supplies of Victualls, and Munition in present be hastened hither to keep life, untill the rest may follow, there being no victuall in the store, nor will there be a hundred barrells of powder left in the store, when the out Garrisons (as they must be instantly) are supplyed, and that remainder according to the usuall necessary expense, besides extraordinary accidents, will not last above a month, and the residue of our provisions must also come speedily after, or otherwise England cannot hope to secure Ireland, or secure themselves against Ireland, but in the losse of it, must look for such enemies from hence, as will perpetually disturbe the Peace of His Majesty, & his Kingdom of England, and annoy them by Sea, and Land, as we often formerly represented thither, which mischeifes may yet be prevented, if we be yet forthwith enabled from thence with meanes to overcome this Rebellion.
We hope that a course is taken there for hastening hither the provisions of Armes and Munition mentioned in the docquet, sent with our Letters of the twentieth of Ianuary, and the six hundred horses, which we then moved might be sent hither for recruites, and that the seven thousand eight hundred fourscore and thirteen pounds three shillings for Armes to be provided in Holland (besides those we expect in London) hath bin paid to Anthony Tierens, in London, or to Daniell Wibrants in Amsterdam, and if that Summe had been paid as we at first desired, we might well have had those provisions arrived here by the tenth of March as we agreed, however we now desire that, that Money, if it be not already payd, may be yet paid to M. Tierens in London, or M. Wibrants in Amsterdam, that so those provisions may arrive here speedily, which (considering that summer is now near at hand) will be very necessary, that when our supplies of Victualls, Munition, Clothes, Money, and other provisions shall arrive, we may not in the publique service here loose the benefit and advantage of that season. And so we remaine, from His Majesties Castle of Dublin, 4. April. 1643.
POST-SCRIPT,
As we were ready to signe this dispatch, we received at this Board, a paper signed by sundry Officers of the Army, now [Page 193] here at Dublin, which is in such a stile, and threatens so much danger, as we hold necessary to send a Copy thereof here inclo [...]ed, whereby still appeares the high necessity of hastening away money, for them, and the rest of the Officers, and Victualls for the Souldier, without which it will be impossible to conteine them from breaking out into mutinie.
The Letter inclosed.
AT our first entrance into this unhappy Kingdom, we had no other designe, then by Our Swords to assert and vindicate the right of His Majesty, which was here most highly abused, to redresse the wrongs of His poor Subjects, and to advance our own particulars in the prosecution of so honest undertakings; And for the first of these, we do believe they have since our comming over succeeded pretty well, but for the last which concernes our selves, that hath fallen out so contrary to our expectations, that in stead of being rewarded, we have been prejudiced; instead of getting a Fortune, we have spent part of one; and though we behave ourselves never so well abroad, and performe the Actions of honest men, yet we have the reward of Rogues and Rebells, wich is, misery and want when we come home. Now (my Lords) although we be brought to so great an exigence, that we are ready to robbe and spoyle one another: yet to prevent such outrages, we thought it better to try all honest meanes for our subsistence, before we take such indirect courses; Therefore if your Lordships will be pleased to take us timely into your considerations, before our urgent wants makes us desperate, we will as we have done hitherto, serve your Lordships readily and faithfully; But if your Lordships will not find a way for our preservations here, we humbly desire we may have leave to goe where we may have a better being, and if your Lordships shall refuse to grant that, we must then take leave to have our recourse to that first and prymary Law, which God hath endued all men with, we mean the Law of nature, which teacheth all men to preserve themselves.
The Letter of the Lords Iustices, and Councell of Ireland to His Majesty, of the 11. of May. 1643.
AS soon as we your Majesties Iustices, entred into the X. charge of this government, we took into our consideration at this Board, the state of your Army here, which we find suffering under unspeakable extremities of Want of all things necessary to the support of their Persons, or maintenance of the Warre, here being no Victualls, Cloaths, or other provisions requisite towards their sustenance; No Money to provide them of any thing they want; No Armes in Your Majesties stores, to supply their many defective Armes; Not above forty Barrells of Powder in Your stores; No strength of serviceable Horses being now left here, and those few that are, their Armes for the most part lost or unserviceable; No Shipps arrived here to guard the Coasts, and consequently no security rendred to any that might (on their private adventures) bring in provisions of Victualls, or other necessaries, towards our subsistence, and finally, No visible means by Sea or Land, of being able to preserve for You this your Kingdom, and to render deliverance from utter destruction, to the remnant of Your good Subjects yet left here.
We find that Your Majesties late Iustices, and this Board, have often and fully by very many Letters, advertised the Parliament in England of the extremities of Affaires here, and besought reliefe with all possible importunity, which also have been fully represented to Your Majesty, and to the Lord Lieutenant, and Mr Secretary Nicholas, to be made known to Your Majesty, and although the Winds have of late for many daies (and often formerly) stood very faire for accessions of supply forth of England hither, and that we have still with longing expectations, hoped to find provisions arrive here, in some degree answerable to the necessities of Your affaires, yet now (to our unexpressible griefe) after full six months waiting, and much longer patience and long suffering, we find all our great expectations answered in a mean and inconsiderable quantity [Page 195] of provisions, (viz.) threescore and fifteen barrells of Butter, and fourteen Tunne of Cheese, being but the fourth part of a small Vessells loading, which was sent from London, and arrived here on the fift day of this Month, which is not above seaven or eight daies provision for that part of the Army which lies in Dublin, and the out Garrisons thereof, No mony or victualls (other then that inconsiderable proportion of Victuall) having arrived in this place, as sent from the Parliament of England, or from any other forth of England for the use of the Army, since the beginning of November last.
We have (by the blessing of God) been hitherto prosperous and successefull in Your Majesties affaires here, and should be still hopefull by the mercy of God, under the Royall Directions of Your Sacred Majesty, to vindicate Your Majesties Honour, and recover your rights here, and take due vengeance on these Traitors, for the innocent bloud they have spilt, if we might be strengthened and supported therein by needfull supplies forth of England: but these supplies having hitherto been expected to come from the Parliament of England, (on which if Your Majesty had not relied, we are assured You would in Your High Wisdom have found out some other meanes to preserve this Your Kingdom) and so great and apparent a failer having hapned therein, and all the former and late long continuing Easterly Winds, bringing us no other Provisions, then those few Cheeses, and Butter; and no advertisements being brought us of any future supply, to be so much as in the way hither, whereby there might be any likelyhood, that considerable means of support for Your Majesties Army, might arrive here in any reasonable time, before we be totally swallowed up by the Rebels, and Your Kingdom by them wrested from you. We find our selves so disappoynted of our hopes from the Parliament, as must needs tren [...]h to the utter losse of the Kingdom, if Your Majesty in Your high Wisdom, ordaine not some present means of preservation for us.
And considering, that if now by occasion of that unhappy and unexpected failing of support from thence, we shall be lesse successefull in your Services here against the Rebels, then [Page 196] hitherto (whilst we were enabled with some meanes to serve you) we have been, the shame and dishonour may in common construction of those that know not the in-wards of the cause be imputed to us, and not to the failings that disabled us, and considering principally, and above all things, the high and eminent trust of your Affaires here, deposited with us by your Sacred Majesty, we may not forbeare in discharge of our Duty, thus freely, and plainly to declare our humble apprehensions, to the end your Majesty thus truly understanding the terriblenesse of our Condition, may find out some such meanes of support to preserve to your Majesties and your Royall Posterity, this your Ancient and Rightfull Crowne and Kingdome, and derive deliverance and safety to the Remnant of your good Subjects, yet left here; as in your Excellent Judgement you shall find to be most for your Honour and Advantage.
And so praying to the King of Kings to guide and direct you for the best in this high and important Cause, and in all other your Councells and Actions, we humbly remaine from your Majesties Castle of Dublin, the 11th day of May, 1643.
HIS MAIESTIES ANSWERS TO CERTAIN PAPERS, DELIVERED IN to His Commissioners at Vxbridge, upon the close of the TREATY: ONE CONCERNING THE MILITIA, AND TWO CONCERNING IRELAND, To which (being long, and comming in so neare the breaking up of the Treaty) no Answers could then be given: See them in the Narrative, No 136. 177. & 178.
OXFORD, Printed by Leonard Lichfield, Printer to the Vniversity. 1645.
HIS Majesties Answers to certain Papers delivered See them in the Narrative, no. 136. 177, & 178. in to His Commissioners at Vxbridge, upon the close of the Treaty concerning the Militia, and Ireland, &c.
HAving received an account of the passages of the late Treaty from our Commissioners, We caused a Narrative thereof to be made and published, wherein besides the necessary connexions there is nothing set down but what pa [...]ed in writing; But because their last Paper upon the subject of the Militia, and two last Papers concerning Ireland, were delivered upon the close of that Treaty; although We conceive the answers given in the papers formerly delivered by Our Commissioners, are abundantly sufficient to give satisfaction to those also: Yet because there may be a want of memory in some, and of observation in others, who shall read that Narrative, to bring home and apply the former answers of Our Commissioners to those papers; and because they seeme to expect answers, which (the Treaty being determined) cannot be given by Our Commissioners, and to vindicate Our Selfe from many passages scattered in those papers, particularly reflecting upon Our Person, and Royall Authority, We have thought fit for the the further satisfaction of all Our good People to make these ensuing answers.
And first to that See it in the Narrative, no. 136. Paper concerning the Militia.
WHoseover shall observe the passionate expressions in the close of this Paper, (wherein they do most earnestly desire Our Commissioners, as they tender the deplorable Estate of these bleeding Kingdomes, the setling Religion, [Page 200] Our Honour, and the composing these miserable distractions, to give full and cleare answers to the demands concerning the Militia) might very well believe, that they who so importunately demanded, would as willingly have received an answer. But when it shall be considered, that this p [...]per was not delivered in till after two of the clock in the morning, upon the breaking off the Treaty, when [...]hey had denyed any furth [...]r time to treat, or to receive any papers dated as within the time of the Treaty, (as formerly was mutually done, and this very paper of theirs delivered in truth upon the 23, was received as dated the 22 of February) it will be most apparent they kept it as a Reserve to be purposely, & by designe delivered so, as it should remaine unanswered.
For the matter of that paper. They say, they have by their answers satisfied the severall questions proposed to them by Our Commissioners touching the Militia, It was necessary they should have done so, that it being proposed to Vs to part with so great a trust as the power of the Sword, and to put it wholly out of Our own hands, we might know, how, and to whom, and for what time, and upon what termes We parted with it. But We will look back upon some of their answers, that it may appeare what they are.
Our Commissioners desired to know, who the Commissioners should be, in whose hands the Forces both by Sea and Land See the Narrative, no. 77. should be entrusted, and whether we might except against such persons, and name others in their places of knowne affections to Religion and Peace. To that part of the question, whether we might except against the Persons, they made no answer. To the other part requiring who the Commissioners should be, they answered, That the Commissioners were to be named for No. 78. England by the two Houses, and for Scotland by the Estates of the Parliament there; whereas the question was not, who should name those Commissioners, but who they were that should be named, a thing most necessary for us to know, before we entrusted them with so great a power.
Our Commissioners desired to know, whether the Militia No. 80. of London should be independent and not subordinate to those [Page 201] Commissioners? They answered, It appeared by the Propositions, No. 8 [...]. the same was to be ordered in such manner, as should be agreed on by both Houses. Which was no answer to the question, though likewise necessary to be knowne, the Militia of London, being so great and of such importance.
Our Commissioners desired to know, what Authority the No. 105, & 107. Commissioners, nominated by the Estates of the Parliament of Scotland, were to have in the Militia, and setling of all Forces by Sea and Land in this Kingdome, and what influence the advices and orders from the Estates of that Parliament, should have upon this Kingdome? They answered, That might be No. 106, 107, 112. fully satisfied by the Propositions concerning the Militia. And though Our Commissioners desired it, they could get no other answer from them in writing.
Our Commissioners desired to know, what Iurisdiction they No. 109. intended the Commissioners of both Kingdomes should have, by the power given to them to heare and determine all differences that might occasion the breach of the Articles of the Peace, and by what Law they should proceed to heare and determine the same? They answered, That the Commissioners No. 110. were to proceed in such manner as was expressed in the Propositions. Whereas the Propositions expresse no more, then what is contained in the words of the question. And being further pressed to an answer, they answered, That the matter of the No. 111. Iurisdiction of the Commissioners was expressed in the Propositions; and for the manner of exercising of it, and by what Law they should proceed, The same was to be setled by the two Houses of the Parliament of En [...]land, and the Estates of the Parliament of Scotland respectively. This being no answer, and a full and direct answer being required to these questions, the answer No. 113. 115. given was, That they referred themselves therein to their former answers.
Our Commissioners desired to see the Act of the late Treaty No. 116. for the setling of the Garrison of Berwick of the 29th of November, 1643. (being made betwixt the two Houses and those of Scotland, without Our Privity) as rela [...]ing to the businesse of the Militia, They answered, It was not then to be Treated on, No. 117. [Page 202] but was reserved to it's proper time, and Our Commissioners could never see it.
Our Commissioners desired to know, whether by the joynt No. 118. power mentioned in the Propositions to be given to the Commissioners for both Kingdomes to preserve the Peace between the Kingdomes, and the King and every one of them, they intended any other then Military power for suppressing Forces only, which question was asked, because in the Proposition, there are two distinct Clauses, one whereby they have that power to preserve the Peace, the other, whereby they have No. 119. power to suppresse Forces: In answer to this, they referre Our Commissioners to the Propositions.
That these answers (though made to questions arising upon the doubtfull expressions in their Propositions) referring to the Propositions themselves, or to what was not then, but was after to be setled by the two Houses, are not satisfactory answers to those questions, is most evident, but We doe not wonder they were unwilling We should see the cleare drift of those Propositions, the ill consequence whereof (which hereafter appears) We are willing to beleeve most of those who agreed unto them, did not at first apprehend.
They say, They marvaile why it should be insisted on, that the Commissioners for the Militia should not be nominated by the two Houses onely, and that we who were to be equally secured, should name These are their words, but seem to be mistaken, for our Comm [...]ssioners alwayes insisted, We should name some of them. none, since this power was not to be exercised, till a Peace concluded upon the Treaty, and then we had been secured by the Lawes of the Kingdome, and by the duties and affections of Our Subjects: We think it farre more matter of wonder (since it is confessed, that We, and such Our Loyall Subjects, who have faithfully and constantly adhered to Vs, were equally to be secured) that they would allow Vs no security at all, but to put Our Selves wholly upon them, who even afterwards in this paper, deny Our Iust Power of the Militia, and of making Peace and Warre, and might with much more colour hereafter doe so, if by Our Consent that power should be once, though for a time onely, put wholly into their hands. It is true, the Lawes of the Land, and the hearts of the people, are the best security for a [Page 203] Prince, that he shall enjoy what belongs to Him: But it is as t [...]ue, that the Lawes of the Land, and the Love of the Prince towards His People are likewise their best security, that they shall enjoy what belongeth to them; It is a mutuall confidence each in other that secures both: But this is to be understood in calme and quiet times, the present distempers have bred mutuall Iealousies, and if they think it not at this time reasonable wholly to trust the Lawes and Vs concerning their security, but [...]equire the power of the Militia, in which they have no Right, much lesse is it reasonable, that We should wholly trust them concerning Our security, who avowedly beare Armes against Vs; but if for the love of Peace We are content for a time to part with this great Power which is our knowne Right, it is reasonable that We should have the nominating of some of those who should be trusted with it; yet on Our part We were well content to repose Our Selves in that security they mention, if the two Houses would likewise have relyed upon the same security of the Lawes, and affections of the people, to which they so much pretend; But though it was offered that We should returne to Our two Houses, whereby all Armies See Our Commissioners Paper, touching Our Returne to the two Houses, after Disbanding of Armies, no. 191. being Disbanded, both they and We, might have been restored to the Lawes, and guarded by [...]hose affections of the people, yet that was not admitted. They say, This power of the Militia was not to be exercised till after a Peace, but they doe not remember it is to be agreed on before a Peace, and proposed in order to a peace; and We might with as much reason (and far more Iustice, in respect of Our undoubted Right over the Militia of this Kingdom) have insisted upon the sole nomination of the Commissioners, because their power was not to be exercised till a Peace concluded, as they for that cause to have excluded Vs from the nomination of an equall number, & assumed that power wholly to themselves, not affording Vs so much as the Liberty to except against any of them. And whereas they say these Commissioners for the Militia, have a rule prescribed, and being removeable and lyable for any miscarriage to a severe punishment, cannot doe any thing to Our prejudice, contrary to the trust reposed in them: If they had such a Rule [Page 204] (which yet by their Propositions and papers We cannot find, (having by generall and indefinite termes an unlimited power given to them:) it proves they should not, not that they would not breake it. He that hath power (as these Commissioners would have the greatest that ever Subjects had) and will to abuse that power, may extend and interpret the Rule prescribed Him, as He shall please himselfe, and therefore since out of Our ardent desire of Peace, We were content to part with this power) We had reason to r [...]quire, that at least some of those who should execute it, might be such, whom We Our Selves should nominate, and could trust.
For that which is said, that if the Commissioners had bin severally chosen, the memory of these unnaturall divisions must needs have bin continued, and probably being seuerally named, they would have acted dividedly according to severall interests, and the Warr thereby might be more easily revived. It is apparent the memory of the Warre must as much continue where any Commissioners are named at all, as where they are named by either party, since by putting that power into their hands, it is put out of the proper Channell, but it is not the memory of a past Warre that is dangerous, but such a Remembrance of it, as is joyned with a desire or inclination to revive it; And if it were probable, as is alleadged, that if the Commissioners were partly chosen by Vs, and partly by them, that being severally named, they would have acted dividedly according to severall Interests, it would be much more probable, that being wholly named by them, they would have acted only according to their Interest, and so on Our part, instead of an equall security, we must have bin contented with what Lawes and conditions they would have imposed. But We shall againe remember, that the offer on Our part, was to name such, against whom there No. 130. could be no just exception, if the Persons were named equally betwixt us. It was likewise offered, That those Commissioners should take an Oath for the true discharge of their trust, that We Our Selves were willing to take an Oath to observe the Articles of the Treaty, and that all Persons of any immediate trust by offices or attendance upon Ʋs, and all others whom they should nominate, should take the like Oath, and with such penalties, that whosoever should infringe the agreement, should be accounted most pernitious [Page 205] enemies to us & the Kingdoms. And if this way of mutuall nomination were not approved, there was another proposed, that the Persons should be nominated between our Commissioners and theirs, by whose mutuall consent, it might well have been hoped, such persons might have been named, in whom we and they might have confided; but to this no answer [...] been vouchsafed nor could any thing satisfy concerning the Mi [...]tia, unlesse, without knowing who the persons were who should be entrusted, we should with an implicite Faith in Persons wh [...]m we did not know, put that power into their hands.
They say that though by their Propositions the Commissioners No. 131. were to continue without any limitation of time, yet they have since proposed a time of seaven years. We know not that they have, during the whole Treaty, in any one particular, receded from insisting on their demands, as they are set downe in their Propositions in terminis. And in this poynt though they seem to reduce the time, which in their Propositions was indefinite, to a certainty, to which yet the Scottish Commissioners See no. 132. have not absolutely agreed, the alteration is more in shew, then indeed, and rather to the heightning, then abateing their demands, for whereas they have limited the time to seaven years, yet it is with an additionall clause, That after those seven years, it was to be executed as We and they should agree, and not otherwise; so that though the Commissioners should have the power but for seaven years, yet we should not have it after those seaven years, nor at any time unlesse they and we could agree in it: so much would they have gained by this seeming compliance in poynt of limitation of this power to a time, though not to that time of three years, which we proposed. But they justify the reasonablenesse of it, for whereas our Commissioners in their Paper (to which this of theirs is applied as No. 130. an answer) tell them, that if the time for this power be unlimited, we and our posterity shall for ever part with our peculiar Regall power, of being able to resist our Enemies, or protect our good Subjects, and with that undoubted and never denyed right of the Crowne to make Warre and Peace, or ever more to have jurisdiction over our own Navy and Fleet at Sea, (the command thereof being also a part of this great power to be given to these Commissioners.) They answer plainly, they cannot admit [Page 206] of this peculiar Regall Power, which Our Commissioners mention to reside in us concerning the Militia, and to make Peace and Warre, or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively. We approve of their ingenuity, that now at the breaking off of the Treaty, they tell us in plain tearmes what they meane, though the Common Law-books and Records of Parliament have mentioned, that the sole power of protecting the Subjects belongs to the King, and that he alone hath power to make Peace and Warre, though it hath been the language of former Parliaments, even of the last Parliament, and at the beginning of this Parliament, that the power of Peace and Warre is in the King, but if he will have money from His Subjects to maintain the Warres, he must have their consents, and though the universall consent and common opinion heretofore hath gone accordingly: yet they cannot admit thereof as to have been our right (for the answer is made to the assertion concerning our right) And not admitting it, it seems their oathes of Alleageance and Supremacy, to defend our Crowne and Dignity, and to assistand defend, all Iurisdictions, Priviledges and authorities belonging to us oblige them not; And as they doe not admit this power in right to have been in us alone for the time past, so neither will they admit it for the time to come, in Vs, or Our successors, to be able to resist our Enemies, or protect our Subjects, or to make Peace or Warre, but it must be, by authority from Ʋs and the two Houses, and the Estates of the Parliament of Scotland respectively. They are to be associated in these Regall Powers, and the Scepter and the Sword may in Pictures or Statues, but are not indeed to be in the Kings hand alone. Vpon these grounds, We wonder not that they would have the Navy and Fleet at Sea, to be put into the hands of their Commissioners for seaven years as the Militia for the Land, and after the seaven years to be commanded in such manner as they and we should agree and not otherwise, for they say, the reasons are the same for them, as for the Militia by land: It is a principall meanes they say of their security, and We cannot find they [Page 207] think themselves to have any security, if We and Our Successors have any Power; But if We will part with Our Power wholly unto them, We and Our Posterity shall be fully secured by the aflections of Our Subjects (that is by the Lords & Commons now at Westminster, who in their sense represent all the people) who by themselves during the Parliament, or when they shall please to make any recesses by their Commissioners during the intervalls, will free us from the burden of the Militia, and of Our Navy, and so of protecting Our Subjects, and will save Vs the Charge of Our Navy, because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage, and other Impositions upon Merchandise. And having taken this care for Our security (sutable to all their Actions these three yeares last past) They say, that for security of those who have been with Ʋs in the Warre, an Act of Oblivion is desired to be passed, whereby all Our Subjects would have been put in one and the same condition, and under the same protection, with some exceptions mentioned in the Propositions. We are not willing to mention those exceptions, by which not onely most of Our best Subjects (who have been with Vs in the Warre according to their duties) by expresse or generall termes are excepted, but all the Estates of some of them, and a great part of the Estates of the rest of them for that very cause, because they were with Vs in the Warre, are to be forfeited; As for securing them by an Act of Oblivion, they have lesse cause to desire it then they who propose it, as being more secured by the Conscience of doing their duties, and the protection of the knowne common Law of the Land, if it might take place, then any protection under the two Houses, or their Commissioners for the Militia; yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion, being willing, as much as in Vs lies, to have made up these breaches, and buryed the memory of these unhappy Divisions.
It was urged by our Commissioners, that according to the literall sense of the Propositions (in the powers given to the Commissioners for the Militia) That Sheriffes and Justices of Peace, and other legall Ministers could not raise the Posse Comitatus, [Page 208] or Forces to suppresse Riots, without being lyable to the interpretation of the Commissioners. To this they answer, That this is no part of the Militia to be exercised by the Commissioners, but in executing of Justice and legall Processe, nor can be intended to be any disturbance, but for the preservation of the Peace. We shall admit that to be their meaning, but it being by the Propositions made Treason in any, who shall leavy any Forces without authority or consent of the Commissioners, to the disturbance of the publique Peace, it is apparent that the Sheriffes or Iustices of Peace, if they raise any Forces to suppresse any tumultuous Assembly, (which it is possible some of the Commissioners may countenance) or for executing of other legall Acts, may not onely be lyable to the interpretation of being disturbers of the publique Peace, but feele the punishment of it. And whereas they say, That the Power (given by the Propositions to the Commissioners for the Militia of both Kingdomes as a joynt Committee) for the hearing and determining Civill Actions and differences cannot be extended further then preservation of the Articles of the Peace to be made: We conceive that a Court being thereby allowed to them for the hearing and determining of Civill matters for the preservation of the Articles of the Peace, they may in order thereunto (upon pretence it is for the preservation of the Peace) entertaine and determine any cause or difference they please, especially their power by the Propositions, being not onely to preserve the Peace, but to prevent the violation of the Articles of the Peace; and having the power of the Sword in their hands, and being not tyed up to any certain Law, whereby to judge, (for ought appeares by their answers to the questions proposed by Our Commissioners) and the common Law not being the rule in such case, (because part of them are to be of the Scottish Nation) they may without controll exercise what arbitrary power they please.
And whereas it is insisted upon in this paper, That an answer be given to the fifteenth Proposition, which is, that the Subjects be appointed to be Armed, Trayned, and Disciplined in such manner as both Houses shall think fit; which Our Commissioners [Page 209] thought fit to have deferred till after the Peace established, and then to be setled by Vs and the two Houses: It is apparent, that Proposition concerned not (that which was desired as the end of their Propositions) the security for the observation of the Articles, and We conceive there is already sufficient provision made by the Law in such cases, & if there were not, it were fit that that defect were supplied by Law, not to be left at large, as the two Houses should think fit, without expressing the manner of it, but to proceed by a Bill, wherein we might see before we consented to it, how Our Subjects should be charged; we being as much concerned and sensible of the burden to be put upon Our Subjects, as the two Houses can be, who, We are sure, since they took upon them the authority of imposing upon their fellow Subjects without Vs, have laid the heaviest Impositions that ever were.
And whereas they say, the scope of these their Propositions touching the Militia, was to take away occasions of future differences, to prevent the raising of Armes and to settle a firme and durable Peace: If we look upon the whole frame of their Militia, as they have proposed it to us, we cannot but conclude those Propositions to be most destructive to those ends: For first, they have proposed it to us (as they have setled it already by their Ordinance) That the whole Militia of [...]reland, as well of Our English Subjects as Scottish, shall be Commanded by Lesley Earle of Leven their Scottish Generall, and be managed by the jo [...]nt advice of the Scottish and English Commissioners, and therein the Scottish as well as the English to have a Negative Voyce, and so by consequence subjecting the whole Government of that Kingdome to the manage of Our Scottish Subjects. And (having thus ordered the Militia of Ireland, where they will be sure to keep Forces on Foot (for that is another part of the Propositions. That We shall Assent to whatsoever Acts shall be proposed for monyes for the Warre of Ireland) which Forces shall be ready upon all occasions to serve them) For the Militia and Navy of England, that is likewise to be ordered and Commanded by these Commissioners, and though We their Soveraigne are denyed to nominate any to be joynt [Page 210] Commissioners, they are content to admit those of Scotland (who though Our Subjects, yet are strangers to their Government) to a nomination of Scottish Commissioners to be joyned with them. These Scottish Commissioners in matters wherein both Kingdomes are joyntly concerned (and they may easily call, and make what they will to be of joynt concernment) are to have a Negative Voyce, so that the English can doe nothing without them, not so much as to raise Force to suppresse a Commotion, or prevent an invasion, if the Scottish Commissioners, though not a third part of the number of the English, say it is of joynt concernment; And in matters solely concerning England, the Scottish Commissioners (to a third part of the whole number of the Commissioners) are to reside in England, and to Vote as single Persons.
These Commissioners, as well Scottish as English as they have the sole power of the Forces by Sea and Land, so they must have a Court in a Civill way, to hear and determine whatsoever Civill action that shall tend to the preservation of the peace, or whatsoever else is for the prevention of the violation of it, within which generall words, and in order thereunto, they may comprehend any cause or thing they please; And as these Commissioners, as well Scottish as English, are to name all Commanders and Officers in Our Forts and Ships, so in the intervalls of Parliament, lest there should be too much dependance upon us, they are to name all the great Officers & Iudges of both Our Kingdomes of England and Ireland.
To these so unreasonable Propositions, wherein the Parliament and Subjects of Scotland, would have so great an influence and power over the Kingdomes of England and Ireland, if (as reflecting meerly upon our selves, and not entertaining such thoughts of our Scottish Subjects, as perhaps some may by the danger of such a power) we should have agreed, as hoping that the good affections of our Subjects in Scotland, might in time have restored us to that power which the two Houses of England would take away; yet when we consider, that we are in conscience obliged to maintaine the Rights of Our Crowne, so farre as to be able to protect Our Subjects, and what jealousies [Page 211] and heartburnings, it might probably produce betwixt Our Subjects of the two Kingdomes, what reluctancy all Our Subjects here may have, when they shall see Our Power so shaken, and they must have so much dependency upon their fellow subjects both English and Scotch, We conceive it so farre from being a remedy to the present distempers, (as they affirme in their papers) that as at present it would alter the whole frame and conditution of the Governement of this Kingdome, both Civill and Military, so in the conclusion it would occasion the ruine and desolation of all Our Kingdomes.
HIS MAJESTIES ANSWER See these in the Narative no. 177. & 178. to the two Papers concerning Ireland.
IT hath been one of the chiefest designes of the Authors of the present distractions, to insinuate unto our people, that We were either privy to the Rebellion in Ireland, or assenting to the continuance of it; And if it could not be personally fixed upon Our selfe, yet to perswade them into a beliefe that evill Counsellors, and others prevalent with us did encourage and assist it. By this means having a colour to raise Forces, and to levy money for the supply of those Forces, they might so dispose of both, as under a pretence of suppressing the Rebells in Ireland, they might thereby also raise a Warre in England, for the effecting of their Ambitious and Covetous desires in both Kingdoms; And they so carried on this designe, that whereas out of Our earnest desire of the reliefe of Our poor Subjects in Ireland and to shew the great sence we had of their miseries, We had given way to severall unusuall Bills for raising of Forces, and likewise to the Bill for the 400000l for the adventurers and others, for raising of Moneys, (which Moneys by those Acts were to be paid to particular Persons, or otherwise out of the ordinary course, and not into Our Exchequer (as was usuall in like cases thence to be issued for publique use) those supplies were diverted and imployed to feed [Page 212] and nourish a Rebellion in England, rather then to suppresse that in Ireland. Thus 100000l of the Adventurers Money was imp [...]oyed for the Earle of Essex his Army when he first Marcht against us, and that imployment of it, though contrary to the expresse words of the Act, which are, that no part of that Money shall be imployed to any other purpose, th [...]n the re [...]u [...]ing of those Rebels, was publiquely justified by a Declaration made in the name of the House of Commons, the 6th of September, not long before the Battaile at Edge-Hill, and at the same Bartaile, severall Regiments of Horse and Foot raised for Ireland, under the Command of the Lord Wharton, Lord of Leny, S Faithfull Fortescue, and others, were imployed against us at Edge-hill, the moneys raised upon the Bill of 400000l, & others have been wholly made use of against V [...], And it was impossible, without thus working themselves (under the specious pretence of suppressing the Rebellion of Ireland) into the managery of that Warre, and misapplying the ayds intended for Ireland, to have brought this Kingdom into the bleeding and desperate condition wherein it now languisheth.
The Propositions concerning Ireland, as they are insisted upon by these Commissioners (though in charity we shall hope not so intended by all of them) are apparently in pursuance of that originall designe, in begetting a suspition of our integrity in that businesse of Ireland, and ingrossing the managing of that Warre, and the Power of that Kingdom into their hands. They would have the Cessation (which We have avowed to be assented to by Vs, and advised as most necessary for the preservation of that Kingdom) to tend to the utter destruction of the Protestants there, and the continuance of the Ceslation there, (though but during the Warre here) to be a countenancing of that bloudy Rebellion, and We Our selves are charged to be privy, and to give directions for the seising of some provisions made, and sent for the supply of [...]he Protestants in Ireland. In the next place, concerning the Warre there, they demand that the prosecution of that Warre be setled in both Houses of Parliament, to be managed by the advice of both Kingdoms of England and Scotland (that is, a Committee of both Kingdoms, those of [Page 213] each Kingdom to have a negative voyce) And all the Forces there, to be under the Command of the Scotch Generall: The Lievtenant and other great Officers and Judges there, to be nominated by both Houses, and that we should consent to passe all Acts to be proposed by them, for the raysing of moneys, and other things necessary for the prosecution of that Warre. And notwithstanding all the zealous and patheticall expressions in those Papers, desiring the continuance of that Warre, and the execution of Iustice upon those Rebels: It is not barely the prosecution of the Warre in zeale of Iustice that is desired, that might be managed either by Vs (whom God and the Law have entrusted solely with that power, and whose Pr [...]decessors have alone, and without the concurrence of their Parliaments, other then by competent assistance with Moneys, suppressed great Rebellions in that Kingdom) or by fit Ministers to be appointed, upon just occasion to be removed by Vs, They have not made any the least Proposition or desire to that purpose. But they insist upon such a prosecution of the Warre, wherein those who are in Armes against us, may have the sole managing of the Warre, and of moneys to maintaine that Warre, even while they are in Armes against Vs. For the Cessation already made, it is apparent it was the onely visible meanes, whereby the Kingdome was preserved, the poore Protestants there being in danger inevitably to have perished, either by Famine, for want of Food, or by the Rebells, for want of Ammunition, there being not above Forty Barrells of Powder there, as appears by the Letters of the Lords Iustices and Councell of Ireland, mentioned by Our Commissioners, and no supplies of Victualls or Money sent in six months time before those Letters (although Our Ships were then taken away from Vs, and all the Forces at Sea belonging to this Kingdom, were under their command:) Neither could the not making voyd, or declaring against that Cessation, have hindered a Peace upon this Treaty, if it had been intended really on their part, it being to expire in March, and so before the Treaty could probably have been perfected, and there being no further Peace or Cessation made in Ireland; And therefore [Page 214] Our Commissioners did earnestly desire them to make such Propositions, as were fit to be consented to, for the growth of the Protestant Religion, and the good of that Kingdom.
But instead of such Propositions, they still except against the Cessation, and though expiring within a moneth, they insist upon their demands of an Act of Parliament to make that Cessation voyd, to which if We should have consented, as We must have rendered our selves uncapable of being trusted at any time after, and odious abroad in breaking that Cessation, solemnely made by our publique Ministers of State in Ireland, and after consented unto by our selves, so we must have implicitely confessed, contrary to the truth, that which they alleadge against the Cessation, that it was destructive to the Protestants there, and a countenancing of that bloudy Rebellion, and thereby having lost the Plea of our innocencie, have also lost the hearts of Our people, and rendred our selves guilty of those infamous slaunders which have bin charged upon Vs concerning the Irish Rebellion, and which some were so willing to fix upon Vs, that even during this Treaty, when Mack Quire was impeached by them for this Rebellion, for which he was by them after executed, (though they well knew confessions of men in his condition, in hopes of Pardon or Reprives are not to be credited,) he was strictly examined concerning Vs (as We are credibly informed) whether or no We gave any Commission to the Rebels of Ireland, or any assistance to them, and if he had not absolutely denyed it to his last, with more sense of Conscience in that particular, then they who examined him expected, it is likely whatsoever untruths reflecting upon Vs had bin forced from him, had bin (as others were) published to Our disgrace. And although they long questioned the credit and truth of those Letters of the Lords Iustices and Councell of Ireland, notwithstanding one of them being directed to the Speaker of the House of Commons, was received and communicated to the House, and Ours was but a Duplicate thereof, and Copies were delivered to them of both Letters, which two of their Commissioners com [...]ared with our originalls, and saw the names of all the Councell-subscribers, as well as the two Lords Iustices, some of [Page 215] which Councellors were of principall estimation with themselves, and they might also have had Copies of their names who subscribed, if they would have assured Our Commissioners, that such of them as should have come into their Quarters, should not have been prejudiced by it; yet the extremity of Our poor English Subjects, inducing that Cessation, being so notorious, and that attestation thereof undeniable, they fall at last to confesse and avoyd them. They say, That some who were of the Councell when those Letters were written, assure them, that those Letters were written onely to presse for Supplies, without any intention of inducing a Cessation, neither doe the Letters conteine any mention of a Cessation. It is true those Letters doe not, nor was it alleadged they did mention any Cessation, but they pressed for Supplies from hence, and laid open their necessities to be such, that it was apparent to any man (as we had also private advices from some of the Councell there, and of credit with those at Westminster) that if Supplies failed there was no way for the preservation of Our good Subjects there, but by a Cessation. And these bleeding wants of Our Army, and good Subjects there, so earnestly calling for Reliefe, and (this Kingdome being then ingaged in the height of an unnaturall Warre) Our Selves unable to supply them, and no timely supply, nor hopes of it comming from the two Houses, what course lesse dishonourable for Vs, or more for the good and safety of the poore English there could be taken, then to admit of a Treaty for a Cessation, which was managed by Our publique Ministers of State there, and that Cessation assented unto as best for that Kingdome, by the chiefe Officers of the Army, and the Lords Iustices and Councell of Ireland, before Our Approbation thereof.
They say, That those necessities were made by a designe of the Popish and Prelaticall Party, (the Prelaticall Party must come in upon all tur [...]es, though none suffered more by the Irish Rebellion, nor were lesse advantaged by the Cessation, then those poore Prelates) and that at this very time, when the Protestants were in such Extremity, Provisions sent thither by the Parliament for their reliefe, were disposed of and afforded to the Rebels: The [Page 216] Letters of the Lords Iustices and Councell, tell us, That no Provisions at all were sent by the Parliament, and if they had not told it, yet this being barely affirmed, might as easily be denyed, unlesse they had instanced in particular, what Provisions were sent, and how, and when, and by whom, or to whom they were disposed. But they say, That at the same time the Officers of the Army and Garrisons, pressing for leave to march into the Enemies Country to live upon them, and save their owne stores; some could not obteine leave to goe, and those who were drawne forth, had great quantities of Provisions out with them yet were not permitted to goe into the Enemies Country, but kept neare Dublin, till their Provisions were spent, and then Commanded back againe. They might remember, at that time (wherein they suppose this miscarriage) the chiefe manage of those Affaires was in the hands of such Ministers of State, whom they did, and doe still relye upon; but sure those Ministers are not to be blamed, if they durst not suffer the Souldier to march farre, or stay long in the Enemies Country, when there was but forty Barrells of Powder in all the Store, or if they called them back in such case when the Enemy approached.
Let such as these, or what other pretences, and excuses soever be made for not relieving Ireland, we are sure the chiefe Impediment to it was their active promoting this Rebellion in England; And therefore, as they made use of the Supplies both of Men and Money, provided for that Kingdome, against Vs at Edge-hill: so from the time of that Battaile (some Supplies sent before (which else perhaps had been also countermanded) arriving in Ireland, about the time, or shortly after that Battaile) they were so carefull of recruiting and supplying their Armies here, that though they received much Monyes for Ireland, and had at their disposall great store of Our Ammunition, neither the one, nor the other was ever after afforded to the English Army and Forces, or to the Protestants about Dublin, though the Cessation was not made till September following. As for those Protestants in Munster, Connaught, and Ʋlster, who, they say, opposed the Cessation, and did and doe still subsist, they were most of them of Our Scottish Subjects, the rest (excepting [Page 217] some few wrought upon by private interest or particular solicitation) were such, who being under their power, were forced for their reliefe to concurre with them against it. These indeed, as they did not suffer under so great wants as the English at the time of the Cessation, as is well knowne, though it seem to be denied, more speciall Provisions being made for them, and for their Garrisons, then for the English, (as doth in great part appeare even by the Articles of their Treaty of the sixth of August) so they have since subsisted by Supplies sent from the two Houses, whereof none were suffered to partake but such as take their new Covenant, and doubly break the bonds of their obedience and duty, both by taking that dangerous ensnaring Oath prohibited by God and their King, and opposing Our Ministers of State there, without whose Authority (a Cessation being concluded) during that Cessation they ought not to have continued a Warre in that Kingdome. We easily believe the Provisions they mention are, or may be, sent for supply of those Forces as being a meanes to keep up a Party against Vs there, and to have a Reserve of an Army ready upon any accidents of Warre to be drawne hither against Vs, and being also necessary for the satisfaction of Our Scottish Subjects (whom they must please) who would not be so forward in their service without some good assurance (such as is the having an Army of theirs kept on foot in Ireland at the charge of this Kingdome, and two of our strongest Townes and Castles there delivered to them Cautionary Towns, as we may beleeve Berwick also is (being denyed the sight of that Treaty) and by the Command of all the English Forces there by the Generall of the Scots) that they shall be well paid the Arreares to the Armies in both Kingdomes before they quit their Interest in Ireland. If we shall allow Provisions thus imployed to be for the preservation of the English Protestants in Ireland, We may believe they have repaid the 100000l taken up of the Adventurers money; and yet thus to resatisfie this money, admitting it be currant satisfaction for the debt, can be no satisfaction or excuse for the former diversion.
But since they cannot excuse themselves for this diversion of [Page 218] the Adventurers money, nor of the other moneys raised for Ireland, nor of the imploying the forces raised for that Kingdom, under the Command of the Lord Wharton against us at Edge-Hill, which they deny not, They fall to recriminate Vs.
They say, They have mentioned particulars of provisions for Ireland, (besides those few clothes taken neere Coventry, which being formerly answered by Our Commissioners, they do not againe urge) asserted to be seised, not without Our owne knowledge and directions, as they were informed. This they had formerly alledged and our Commissioners had answered (as we do now) that they have instanced no particulars at all of any such provisions seised. And whereas they say, that Out forbearance to seise some provisions (which Our Commissioners alleadged in our greatest wants, we forbore to take, though they lay in Magazines, within Our owne Quarters, but took order to send away into Ireland,) was no excuse for seising others, they misapply that to be an excuse, which was alleadged as an evidence that We seised none, since we might in Our great want have seised those if we had been minded to have seised any.
They say again, the service of that Kingdom, was much prejudiced by denying the Lord Wharton's Commission, of which they have not received satisfaction. To this it hath been already answered, that those Forces were raised for him, before any Commission demanded from us, and that the Commission for him proposed to us, was, to have been independant of the Lievtenant of that Kingdom; Causes (though not satisfactory to them) yet sufficient in themselves to justifie Our re [...]usall. But besides these, it is apparent the Army which was brought down against Vs, was their raising, that the Lord Wharton was one of the most active in it, and We had cause to be confident (nor did he faile us therein) that what Forces he should raise for Ireland, he would imploy against us in England, neither did that service depend upon the Lord Wharton, other able Officers were appointed over those Forces, whom (if they had as much affected that service as the Person of the Lord Wharton) they might have trusted with the Transport of them to Ireland, where others of more experience and fitter for Conduct, then [Page 219] the Lord Wharton, might have taken the charge of them. They say further, That it was one end for which the Cessation was made, that the Forces might be brought hither to Ʋs, out of Ireland, and imployed against the two Houses. The bleeding necessities of the poore English there (which have been mentioned, and whereof they cannot but be convinced) will best speak the cause of that Cessation, and the fight of those Souldiers halfe starved, when they came over, having neither Clothes to their Backs, nor so much as Shooes to their Feet, nor any pay to provide either, will witnesse the necessity of bringing them over, when there was no subsistance for them in Ireland, nor use for them there, during the Cessation; And for making use of them here, how can they quarrell at Our imploying Our owne English Souldiers, who should otherwise have disbanded, when they make use of an Army of Scots against Vs.
They have bin told that they brought over out of Ireland the Earle of Leven, their Generall, and diverse Scottish Officers, (which they deny not;) and that before the English Forces brought over, they attempted the bringing once the Scottish Forces in Ireland, as likewise diverse English Officers there into this Kingdom; to which all the answer given is, that the Scottish Forces, which came over, were not sent for. Which as it denies not what is objected, so neither can it excuse their not sending them back to the service of Ireland, and imploying them here in an unnaturall Rebellion against Vs.
But whatsoever their owne acts or failings have bin in this businesse of Ireland, & though apparently the necessities, which caused the Cessation, were occasioned by the two Houses, yet rather then they shall be guilty of the blame and neglect therein, Our people must be made to beleive, that either there were no such necessities, or when that is so apparent, then that those necessities were designed and contrived by a Popish and Prelaticall party, prevalent with Vs, and the supplyes denyed and stopped by Our Selfe, and so that it is reasonable for them to presse and insist, (as they do with much fervour) in their last Paper concerning Ireland, upon their demands for the setling of the prosecution of the War in themselves, or the Scots, excluding [Page 220] Vs, and that there shall be no further Cessation or Peace made there; (though the War should continue here,) to have the nomination of the Leivtenant, and all the great Officers there, and to have Vs bound up to assent to whatsoever acts they shall propose for moneys, or other necessaries for the prosecution of that War, and if We agree not to these Propositions, We are like to be charged with countenancing of that Bloudy Rebellion.
And therefore (though the unreasonablenesse of those Propositions hath been fully laid open by Our Commissioners [...]n their Paper, yet because this of theirs is framed in answer to those, and the fervency and fluency of their expressions may make impressions on those who doe not warily weigh the matter, We shall examine what new inforcements they bring to make good those demands.
The prosecution of the Warre there, though it be demanded (generally) in the 13th Proposition, to be setled in both Houses of the Parliament of England, to be managed by the joynt advice of both Kingdoms, yet according to their 17th Proposition, it is to be ordered according to the Ordinance of the 11th of April, 1644. which is also proposed to be enacted. By that Ordinance the Scottish Generall Leven is to command all the Forces in Ireland, both English and Scottish, and that Warre is to be managed by a joynt Committee, to be named by the two Houses of England, and the Estates of the Parliament of Scotland; And the Committees of each Kingdom is to have a negative voyce; They insisting to have the prosecution of the War thus setled, Our Commissioners answered, That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland, and neither agreeable to the rules of honour or prudence. That it was unreasonable if the War continued here, that We by Our consent to Act of Parliament for the manageing of that War, and raising moneys for that purpose, should put so great power into their hands, who during these troubles may turne that power against Vs. And lastly, that if the distractions continued here, the Forces and Wealth of this Kingdome would be so imployed at home, that the prosecution of that [Page 221] Warre to the subduing of the Rebels, was impossible, but probably might be destruction of the remainder of Our good Subjects.
For the power given to Our Scottish Subjects in that Kingdom, Our Commissioners urged, that Generall Leven being to Command all the Forces in Ireland, and the Committee of Scotland having a Negative voyce upon difference of opinion, that Warre must either stand still to the ruine of Our Subjects there, or be carryed as the Earle of Leven pleased, whose power was not bounded by any refeerence to Vs, or Our Lievtenant of Ireland, no nor to the Houses of England, and though it had bin answered, that in cases of disagreement betwixt the Committee, the two Houses might prosecute the War, observing the Treaty of the sixt of August, and the Ordinance of the 11th of April, yet by referring to that Ordinance, (which is desired to be enacted) and by that Ordinance the power being thereby put into the Earle of Leven, and that Committee without mention of the two Houses, it was apparent the Earle of Leven would not be bound to observe the directions of the Houses of England by themselves.
But they Reply in this last Paper of theirs, That as the Ordinance of the 11th of April, 1644. so the Treaty of the 6th of August, 1642. is desired to be confirmed, by which the Commander of the Scottish Forces in Ireland was to be answerable to Ʋs, and the two Houses of the Parliament of England, for his whole deportment. But this is apparently no answer at all, for this Treaty of the sixt of August, binds not the Coommittee who are to manage that War, and relates to the Scottish Generall as Generall of the Scots only, the other of April, 1644. being later in time, giving him power also as Commander in cheife over the English Forces in Ireland, and according to this later, he is to receive his Orders from the Committee, without reference to us or the two Houses, neither can the two Houses be hereby brought in to have Command over this Scottish Generall, or Committee more then Our Selves, whom they intend wholly to exclude; yet We cannot but observe even upon these Articles of the Treaty of the sixt of August, how little cause there [Page 222] is to expect this Scottish Generall will manage that Warre for the good of this Kingdome, who being by those Articles to be answerable to Ʋs, as well as to the two Houses (for then though the same designe was on foot, yet their outward pretences were somewhat more modest then now they are) did without directions from Vs leave his charge in Ireland, to bring an Army into England against Vs. Well they say at last, they had (by the 13th Proposition) desited the prosecution of the Warre to be setled in the two Houses, and so taking all together, that the Earle of Lev [...]n cannot manage that Warre according to his owne discretion: But we must remember them, the Proposition is not barely to settle the prosecution of the Warre in the two Houses, but to settle it in the two Houses, to be managed by the joynt advice of both Kingdomes, and that joynt advice is by a joynt Committee according to the Ordinance of the 11th of April, in which Committee they confesse those of Scotland have a Negative Voyce, and by the last part of the 17th Proposition, the Warre of Ireland is to be ordered according to that Ordinance.
But they say, The Scottish Commander is to receive Orders from the Lievtenant of Ireland, if a Lord Lievtenant shall be chosen by the two Houses (for a Lievtenant nominated by Vs, is not allowed by them to give Orders to the Scottish Generall) This indeed (though not warranted by their Propositions, upon which neverthelesse they insist) yet being admitted, in this latitude might seem to give some power to the two Houses over the Scotch Generall in the manage of the Warre, as giving the Lievtenant such a power, and by consequence the two Houses who have power over this Lievtenant. But they say not generally; that he shall receive Instructions from the Lievtenant, but that he shall receive Instructions from the Lievtenant in such manner a [...] they have set downe in their Paper of the 20th of February, that is, when it shall be necessary for the good of that Service, that he and the Commander in chiefe of the Scottish Army joyne; but how shall it be for the service that he joyne with him when he shall Command no Forces with which he may joyne, the Scotch Generall being by the Ordinance of the 11th of April, [Page 223] to Command all the Forces whatsoever in Ireland? But admit them to have joyned; Then the Scotch Generall is to receive Instructions from the Lievtenant, according to the Orders which shall be given by the Commissioners of both Kingdoms, so and no otherwise. Still the case is the same: The Scottish Generall is not bound to obey any Orders, but such as shall come mediately or immediately from the Committee of both Kingdomes. And (whatsoever evasions and disguises are made to cover it from Our Peoples Eyes) the Scottish Committee being an equall number, and having an equall share in the Counsells, and their Generall having the Command of all the Forces; It is apparent the whole power over that Kingdome, is in effect to be transferred to them.
But should We admit that these Propositions did not give so great power in Ireland to Our Subjects of Scotland, yet how should it be imagined, that We should put the prosecution of this Warre in the two Houses in such manner as is insisted on by them, so long as they maintaine a Rebellion against Vs in this Kingdom? It is not denied, but by their authority, diverse Forces raised, and the Moneys levied for Ireland, were imployed against us in England, and upon the same pretences, that they made use of those aydes (because (as they alleadge in their Declaration upon that Subject) that the subsistance of Ireland, depended upon their wellfare here) they may still make use of such Power as shall be given them for the manage of that Warre, and raising Moneys for that purpose against Vs in England; neither if a Peace should be concluded here, could we assent that the prosecution of the warre should be setled in the two Houses, excluding Our Selves as they intend it by those words, The King not to molest them therein. Queen Elizabeth managed the Warre in Ireland solely, when the two Houses were sitting, and excluded them, though we insist not upon that example, we should be wanting to the trust we have received from God, and that care of our Subjects which lies upon us (and of which We are to give him an account) to exclude Our selfe. They themselves know, great bodies are not so fit to carry on the warre as a few, and therefore they have in [Page 224] a manner given up their power in this unhappy warre at home to their State Committee, whose resolutions are rather brought to them for Countenance and execution, then for debate and deliberation.
They tell us, the Parliament of England is a faithfull Councell to us, and that we have trusted them with the prosecution of that Warre, and they faithfully discharged their parts in it, We wish, though We are willing to be silent in it, that yet the ruines and desolations of this Kingdom would not speak to posterity what Councellors those are, who have divested Vs of Our Revenue, Armes, Ships, Power, and even the security of Our person, who have Armed Our Subjects here, who have brought in the Scots into this Kingdom, to the tearing up the bowels of it, who have infamously libelled against Vs and Our Consort, who have threatned to depose Vs, and impeached Her of Treason, and who those are, who have denied Peace to this miserable Kingdom, unlesse We would consent to their unreasonable destructive Propositions, overturning the whole frame of government, both in Church and State. They say, and it is true, We trusted them with the Prosecution of that Warre, and how faithfully they discharged it, We will not again repeat, but We never trusted them so, as to exclude Our Selves, as they now suppose, and if we had relyed more on the judgements and advice of Our Privy Councell, and lesse on theirs, neither that nor this Kingdom, had been in the condition they now are; It was their interposition and advice which hindred the transportation of the Army of Irish Natives out of that Kingdom into Spaine (even to Our disreputation abroad, who had agreed with the Spanish Embassadour to send them over, and he in confidence of Our performance, had disbursed Mony for their transport) and had they been transported (their stay as it provoked them, so it emboldening and strengthening the other Irish, we are confident the flames of that Rebellion would never have broken forth at all, or at most have been so small, as might suddenly have been extinguished: It was their advice that staid Our going over thither in person, which probably might have stopped the rage of that warre, and by the [Page 225] blessing of God, would have saved the effusion of much blood, which was since shed in that Kingdom: It was their unseasonable Declarations at the beginning of the Rebellion (before the old English and other Papists had engaged themselves with the Rebels of Ʋlster) of making it a warre of Religion, and against that connivence which had been used in that Kingdom ever since the Reformation, and tending to make it a Nationall quarrell, and to eradicate the whole stock of the Irish (which they now pursue by giving no quarter to those few of that Nation in England, who never were in that Rebellion, but according to their duty assist Vs their Soveraigne) which made the Rebellion so generall, whereas otherwise the old English, as in former times (though Papists) would have joyned against those Rebels. When We had offered in December 1641. That 10000 volunteers should be raised presently in England, for the service of Ireland, if the House of Commons would declare they would pay them; Instead thereof, in Ianuary following, Propositions were made for the transporting the Scots into Ireland, and We were advised by the two Houses, to give the Command and keeping of the Town and Castle of Carickfergus to the Scottish, who were to be transported thither, and paid by this Kingdom, to which we returned answer, that we did not approve the same as prejudiciall to the Crowne of England, and the service intended, and implying too great trust for auxiliary Forces; yet afterwards because, We perceived the insisting upon it would breed a great delay in the necessary supply of that Kingdom, we did admit of the advice of the Parliament in that particular, (and since by the Articles of the 6th of August 1642. (which though said to be made by Commissioners, authorised by Vs and the Parliament of England, we never were made acquainted with them, till upon this Treaty almost three years after) both the Townes and Castles of Carickfergus and Colerane, are left with them as Cautionary) the consequence whereof was such▪ that though the service of Ireland was little advanced, or the poor English Protestants relieved by it, and this Kingdom drayned to pay those (whose great arrears growing upon that agreement, must be [Page 226] paid out of Lands in Ireland, where they have so good footing already, or of Our good Subjects in England, according to their other Propositions) By this means the Scottish having an Army there, under colour of supplying them, Our Armes and Ammunition were sent into Scotland, for the supply of another Army, to be brought into England, and the countenance of that Army in Ireland, as it gave encouragement to some of Our Scottish Subjects, so it over-awed others, and was a means without any the least provocation to those Our ungratefull Subjects, of bringing of another Army into this Kingdom. where they still remaine, to the utter ruine of many of Our good Subjects, and the probable destruction of the whole Kingdom. And lastly, it was upon their advice in February 1641. (shortly after those Propositions tendred for transporting the Scots into Ireland) that we agree, that the Rebels Lands should be shared amongst the Adventurers, and the Rebels to have no Pardons, though we then expresly declared, We did it meerly relying upon their Wisdom without further examining, (what we in Our particular judgement were perswaded) Whether that course might not retard the reducing of that Kingdom, by exasperating the Rebels, and rendring them desperate of being received into grace, if they should returne to their obedience. And it is most apparent, that those Propositions, and the Act drawn upon them, wherein also a further Clause (not observed by Vs, but passed, as conceiving that Act had wholly pursued the Propositions) was inserted, That every Person, who should make enter into, or take any Compact, Bond, Covenant, Oath, Promise or Agreement, to introduce, or bring into the said Realme of Ireland, the Authority of the Sea of Rome, in any case whatsoever, or to maintaine or defend the same, should forfeit his Lands and Goods, (as in case of Rebellion) were great causes, not onely of provoking, bu [...] increasing and encouraging the Rebels: who having no pretence before for that horrid Rebellion, had now some colour to make it a matter of Religion, and so to make their application to Forreigne Princes, and to negotiate with them for delivering that Kingdome into their hands. We professe Our aversion from their Religion and hatred to their Rebellion, [Page 227] but though We think them worse Christians, because they are Rebels, we think them not worse Rebels, because they are Papists. A Protestant Rebel in the same degree of Rebellion, hath farre more to answer, as having more light, and it being more expressely against the Religion he professeth, whereof it hath heretofore been a maxime (though it be now taken for Apocryphall doctrine) not to take up Armes against their Frince upon any pretence whatsoever. And as we have endeavoured by Our Personall example & otherwise, so we shall still continue, by all good meanes to propagate the Protestant Religion, but we are farre from that Mahumetane doctrine, that we ought to propagate Our Religion by the Sword. And though We shall be most willing to hearken to the advice of Our People Assembled in a free Parliament, yet we should be wanting to the Trust that God hath reposed in Vs, and Our use of that reason with which he hath endowed Vs, if We should wholly give up that Kingdome to be managed solely by their Counsells, secluding Our Selves from all Interest therein, especially when We consider that which experience hath taught Vs, if they have the sole power of that Warre (by which all the Souldiers and Commanders, being to be nominated and paid, removed and advanced by them the necessary application (passing by V [...]) must be made to such as are powerfull with them) how easie a matter it will be for a prevalent Faction (if they shall have a mind to demand other things hereafter not fit to be granted) againe to bring over an Army raised and payed by them into this Kingdome, especially so much composed of Our Scottish Subjects. And whereas they desire further, The nomination of the Lord Lievtenant, and other great Officers and Judges in that Kingdome (which they also desire in this of England) they cannot but know, that it must o [...] necessity take away all dependency upon Vs, and application to Vs, when the power to reward those who are worthy of publique Trust, shall be transferred to others, and having neither force left Vs to punish, nor power to reward, We shall be in effect a titular contemptible Prince. We shall leave all Our Ministers to the knowne Lawes of the Land to be tryed and punished according [Page 228] to those Lawes if they shall offend, but We cannot consent, to put so great a Trust and Power out of Vs, and we have just cause to conceive, that notwithstanding all their speciou [...] pretences this desire of nomination of those great Officers, is but a cloke to cover the Ambition of those, who having been the Boutefeux of this Rebellion, desire to advance themselves and their owne Faction. And to that which is said that Our bad choice of Our Lievtenants of Ireland, was the losse of many thousand Lives there, and almost of the whole Kingdome from Our Obedience: They cannot but witnesse who know that Kingdome, that during the Government there by Lievtenants of Our Choyce, that Kingdome enjoyed more plenty and Peace, then it ever had since it was under the subjection to the Crowne of England; Traffique by Sea, and Trade by Land encreased, Values of Land improved, Shipping multiplyed beyond beliefe, Never was the Protestant Religion more advanced, nor the Protestant protected in greater security against the Papists; And We must remember them, that that Rebellion was begun, when there was no Lievtenant there, and when the Power and Government, which had been formerly used in that Kingdome, was questioned and disgraced, when those in the Parliament there, by whom that Rebellion was hatched, were countenanced in their Complaints and prosecution.
But they are not content to demand all the power over Ireland, and the nomination of all Officers, but We must also engage Our Selfe, to passe such Acts as shall be presented to Ʋs for raising of Monyes and other necessaries for that Warre: Our former readinesse to passe Acts for Ireland, because they were advised by the two Houses, (when they were apparently prejudiciall to Our Selfe, and contrary to Our owne Judgement) might sufficiently satisfie them, We would make no difficulty to consent to such Acts as should be for the good of that Kingdome but they have been already told it was unreasonable to make a generall engagement, before we saw the Acts whether reasonable or no, and whether those other necessaries may not in truth comprehend what is not onely unnecessary, but very inconvenient. But the People they say, who have trasted them [Page 229] with their Purse will never begrudge what they make them lay out upon that occasion. The two House [...] indeed were entrusted, that Our Subjects should not be charged without them, but they never were solely trusted by Our Subjects, with a power to cha [...]ge them, the care that no pressure in that, or any other kind should be upon Our Subjects, is principally in Vs, without whose consent (notwithstanding the late contrary and unexampled practice) no such charge can, or ought to be levyed, and we ought not to give that consent, [...]ut where it is visible for the good of Our Kingdomes, which upon such an unbounded power of raising Monyes may fall out otherwise, especially in so unusuall a cas [...] as this, where those who must have the sole manage of the Warre, shall have the sole command of the Purse, without any ch [...]ck or controll upon them. But they say againe; We have heretofore been possessed against the Parliament, for not giving away the Money of the Subject when We had desired it, but never yet did We restraine them from it. It is true, We had no great cause heretofore to restraine the two Houses from giving the Subjects Money to Vs, having found more difficulty to obtaine from them three or foure Subsidies, then they have met with, in raising so many Millions. But Our People cannot think themselves well dealt with by Vs, if We shall consent to put an unlimited power of raising what Monyes they please, in those Persons, who have drayned more wealth from them in foure yeares, then We beleeve all the Supplies given to the Crowne in 400 yeares before have amounted unto.
In the last place, We wish every man to consider how the Rebels in Ireland can be reduced by War, whilst these unhappy distractions continue here, whilst contrary Forces and Armies are raised in most parts of this Kingdom, and the bloud of Our People is spils like water upon the ground, whil'st the Kingdom in wasted by Souldiers, and the people exhausted by maintaining them, and (as if this Kingdom were not sufficient to destroy it self) whilest on Army of Scots is brought into the bowels of this Kingdom, and maintained at the charg of it▪ whil'st this Kingdom labours under such a War, how is it possible, that a considerable supply of men or money can be sent into Ireland?
To this with much fervour of expression they say, It must not depend upon the condition of Our other Kingdoms to reveng Gods quarrell upon such perfidious Enemies to the Gospell of Christ, who have embrewed their hands in so much Protestant bloud. That the Cessation is for their advantage, Armes and Ammunition, and all manner of Commodities may be brought to them. That it is not fit there be any agreement of Peace or respite from hostility with such creatures as are not fit to live, more then with Wolves or Tygers, or any ravenous Beasts, destroyers of mankind.
We are most sensible of the bloud and horror of that Rebellion, and would be glad that either a Peace in this Kingdom, or any other expedient might furnish Vs with meanes and power to do Iustice upon it. If this cannot be, We must not desperately expose Our good Subjects to their Butchery without meanes or possibility of protection, God will in his due time revenge His Owne Quarrell, in the mean time His Gospell gives Vs leave in case of War to sit down, and cast up the cost, and estimate Our power to goe through with it, and in such case where prudence adviseth, it is lawfull to propose conditions of Peace, though the War otherwise might justly be pursued. And surely as a Cessation in Ireland may be some advantage to the Rebels, as all Cessations in their nature are to both parts, they having thereby time and liberty to procure Armes and Ammunition to be brought to them: So it is not only for the advantage, but necessary preservation of Our good Subjects there, whose bleeding dangers call for Our bowells of Charity and Compassion, by suspending the rage of the Adversary by this Cessation, till meanes may be found to turne their hearts, or to disable their malice from pursuing their cruelty, to the utter ruine of that remainder of Our good Subjects there, it being more acceptable to God and man to preserve a few good men from destruction, then to destroy a multitude, though in the way of Iustice, and perhaps a Cessation may bring some of those Rebels to reflect upon their offences, and to return to their duty, all are not in the same degree of guilt, all were not authors of, nor consenting to the Cruelties committed, some were enforced to comply with, or not resist their proceedings, some were seduced upon a beliefe [Page 231] the Nation was designed to be eradicated, and the War not against the Rebellion only, but their Religion. The War destroyes all alike without distinction, (even innocent Children have suffered, not by the Rebels only) and all are not Tigers, or Wolves, there may be grounds of mercy to some, though no severity be excessive towards others; However We cannot desire the d [...]struction, even of the worst of those Irish Rebels, so much as We do the preservation of the poore English remaining there; But should make choice rather, to save the Rebels, for preserving the lives of those poore Protestants, then destroy them to ruine the Rebels. And therefore exceeding strange it is to Vs, and we are sor [...]y to find, that any English men (who have seen this their Native Country heretofore, (even in Our time) flourishing beyond most of the Kingdomes and Churches in the world, and now most hideous and deformed, weltring in the bloud of her own Children, and if this War continue, like to be a perpetuall spectacle of desolation,) should expresse, that they desire warre in Ireland, as much as they do peace here, no more valuing the sparing of English bloud here, then they do the effusion of the bloud of the Rebels in Ireland. They say indeed▪ they are willing to lay out their Estates and Lives, both for the war in Ireland, and peace in this Kingdome, but withall they say, They have made Propositions for both, if Our Commissioners would agree to them: These are the conditions they offer, neither peace is to be had here, without agreeing to their Propositions, nor that War in Ireland to be managed, but according to those Propositions, such Propositions, as apparently tend to the ruine of the Church, to the subversion of all Our Power, to the setting up a new frame of popular government, to the destruction of Our Loyall and true-hearted Subject [...]; Propositions, which associate Our Subjects of Scotland in their Counsells and power, and invest them in a great share of the Government and wealth of this Kingdome, and render both the wealth and Power of Ireland, to be at their command. These Propositions they insist upon, and for the obtaining these, they are resolved to engage the Lives and Estates of Our poore People in this unnaturall Rebellion. But We trust God Almighty, will open the Eyes [Page 232] and the Hearts of Our People, not to assist them any longer against Vs in the shedding innocent Bloud in this Warre. And We cast Our Selves on him, waiting his good time for the restoring the Peace of Our Kingdomes, and Our deliverance from these Troubles, which at length We are assured he will give unto Vs.
The materiall Faults escaped, are these.
PAg. 8. lin. 14. read publique debts and dammages. p. 9. l. 13. r. In Commissioners, p. 52. l. 3 r. proposed by us to your Lordships, p. 55. in the marg [...]r. no 164. for 166, p. 57. r. conference by your Lordships, p. 98. l. 16. r. perused for produced, p. 108. l. 2. r. of Scotland, p. 144. in the marg. r. 184. for 185. p. 180. r. denied for deemed, p. 205. against the last line put no 136.