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            <title>Proceedings. 1643-02-01</title>
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                  <title>Proceedings. 1643-02-01</title>
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            <p>THE HUMBLE Deſires and Propoſitions OF The LORDS and COMMONS in PARLIAMENT, tendred to His MAJESTIE, <hi>February</hi> 1. AND His MAJESTIES Gracious <hi>Anſwer</hi> and <hi>Propoſitions</hi> The third of February 1642.</p>
            <figure>
               <head>C R</head>
               <q>HONI QVI MALl Y PENSE</q>
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            <p>LONDON: Printed by ROBERT BARKER, Printer to the Kings moſt Excellent Majeſtie: And by the Aſſignes of JOHN BILL. 1642.</p>
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            <pb n="1" facs="tcp:132735:2"/>
            <head>¶ The humble Deſires and Propoſitions of the Lords and Commons in Parliament aſſembled, tendred unto His Majeſtie February 1. 1642.</head>
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               <seg rend="decorInit">W</seg>E Your Majeſties moſt humble and faithfull Subjects, the Lords and Commons in Parlia<g ref="char:EOLhyphen"/>ment aſſembled, having in our thoughts the Glory of God, Your Majeſties Honour, and the Pro<g ref="char:EOLhyphen"/>ſperity of Your People, and be<g ref="char:EOLhyphen"/>ing moſt grievouſly afflicted with the preſſing Mi<g ref="char:EOLhyphen"/>ſeries and Calamities which have overwhelmed Your two Kingdoms of <hi>England</hi> and <hi>Ireland,</hi> ſince Your Majeſtie hath, by the perſwaſion of evil Coun<g ref="char:EOLhyphen"/>ſellours, withdrawn Your Self from the Parlia<g ref="char:EOLhyphen"/>ment, raiſed an Army againſt it, and by force there<g ref="char:EOLhyphen"/>of
<pb n="2" facs="tcp:132735:3"/>protected Delinquents from the Juſtice of it; conſtraining us to take Arms for <hi>The Defence of our Religion, Laws, Liberties, Priviledges of Parliament, and for the ſitting of the Parlia<g ref="char:EOLhyphen"/>ment in ſafetie;</hi> which Fears and Dangers are continued and increaſed by the Raiſing, Drawing together, and Arming of great numbers of Papiſts under the command of the Earl of <hi>Newcaſtle:</hi> likewiſe by making the Lord <hi>Herbert</hi> of <hi>Ragland,</hi> and other known Papiſts, Commanders of great Forces, whereby many grievous Oppreſſions, Ra<g ref="char:EOLhyphen"/>pines, and Cruelties have been, and are daily exer<g ref="char:EOLhyphen"/>ciſed upon the Perſons and Eſtates of Your People, Much innocent blood hath been ſpilt, and the Pa<g ref="char:EOLhyphen"/>piſts have attained means of attempting, with hopes of effecting their miſchievous Deſigne of rooting out the Reformed Religion, and deſtroying the Profeſ<g ref="char:EOLhyphen"/>ſors thereof. In the tender ſenſe and compaſſion of theſe Evils, under which Your People and King<g ref="char:EOLhyphen"/>dom lie (according to the Dutie which we owe to God, Your Majeſtie, and the Kingdom for which we are truſted) do moſt earneſtly deſire, That an end may be put to theſe great Diſtempers and Diſtra<g ref="char:EOLhyphen"/>ctions, for the preventing of that Deſolation which doth threaten all Your Majeſties Dominions; And
<pb n="3" facs="tcp:132735:3"/>as we have rendred, and ſtill are ready to render to Your Majeſtie that Subjection, Obedience, and Ser<g ref="char:EOLhyphen"/>vice which we owe unto You, ſo we moſt humbly beſeech Your Majeſtie to remove the cauſes of this War, and to vouchſafe us that Peace and Protecti<g ref="char:EOLhyphen"/>on which we and our Anceſtours have formerly en<g ref="char:EOLhyphen"/>joyed under Your Majeſtie and Your Royall Prede<g ref="char:EOLhyphen"/>ceſſors, and graciouſly to accept and grant theſe our moſt humble Deſires and Propoſitions.</p>
            <p n="1">I. THat Your Majeſtie will be pleaſed to disband Your Armies, as we likewiſe ſhall be ready to disband all thoſe Forces which we have raiſed, and that You will be pleaſed to return to Your Parlia<g ref="char:EOLhyphen"/>ment.</p>
            <p n="2">II. That You will leave Delinquents to a legall triall, and Judgement of Parliament.</p>
            <p n="3">III. That the Papiſts may not onely be disbanded, but diſ<g ref="char:EOLhyphen"/>armed according to Law.</p>
            <p n="4">IIII. That Your Majeſtie will be pleaſed to give Your Roy<g ref="char:EOLhyphen"/>all aſſent unto the Bill for taking away ſuperſtitious Innovations: To the Bill for the utter aboliſhing and taking away of all Archbiſhops, Biſhops, their Chancel<g ref="char:EOLhyphen"/>lors and Commiſſaries, Deans, Subdeans, Deans and Chapters, Archdeacons, Canons, and Prebendaries, and all Chaunters, Chancellours, Treaſurers, Subtreaſurers,
<pb n="4" facs="tcp:132735:4"/>Succentors, and Sacriſts, and all Vicars Chorall, and Choriſters, old Vicars and new Vicars of any Cathedrall or Collegiate Church, &amp; all other their under Officers out of the Church of <hi>England:</hi> To the Bill againſt ſcandalous Miniſters: To the Bill againſt Pluralities: And to the Bill for confultation to be had with Godly, Religious, and Learned Divines: That Your Majeſtie will be plea<g ref="char:EOLhyphen"/>ſed to promiſe to paſſe ſuch other good Bills for ſetling of Church-Government, as upon conſultation with the Aſſembly of the ſaid Divines ſhall be reſolved on by both Houſes of Parliament, and by them be preſented to Your Majeſtie.</p>
            <p n="5">V. That Your Majeſtie having expreſt in Your Anſwer to the nineteen Propoſitions of both Houſes of Parlia<g ref="char:EOLhyphen"/>ment, an hearty Affection and Intention for the rooting out of Popery out of this Kingdom, and that if both the Houſes of Parliament can yet finde a more effectuall courſe to diſable Jeſuits, Prieſts, &amp; Popiſh Recuſants, from diſturbing the State, or deluding the Laws, that You would willingly give Your conſent unto it. That You would be graciouſly pleaſed for the better diſcovery and ſpeedier conviction of Recuſants, that an Oath may be eſtabliſhed by Act of Parliament, to be adminiſtred in ſuch manner as by both Houſes ſhall be agreed on, where<g ref="char:EOLhyphen"/>in they ſhall abjure and renounce the Popes Supremacy, the doctrine of Tranſubſtantiation, Purgatory, worſhip<g ref="char:EOLhyphen"/>ping of the conſecrated Hoaſt, Crucifixes and Images; and the refuſing the ſaid Oath, being tendred in ſuch manner as ſhall be appointed by Act of Parliament, ſhall be a ſufficient conviction in Law of Recuſancie. And that Your Majeſtie will be graciouſly pleaſed to give
<pb n="5" facs="tcp:132735:4"/>Your Roya'l aſſent unto a Bill for the Education of the children of Papiſts by Proteſtants in the Proteſtant Re<g ref="char:EOLhyphen"/>ligion. That for the more effectuall execution of the Laws againſt Popiſh Recuſants, Your Majeſtie would be pleaſed to conſent to a Bill for the true leavying of the Penalties againſt them, and that the ſame Penalties may be leavied and diſpoſed of in ſuch manner as both Houſes of Parliament ſhall agree on, ſo as Your Majeſtie be at no loſſe: And likewiſe to a Bill, whereby the pra<g ref="char:EOLhyphen"/>ctice of Papiſts againſt the State may be prevented, and the Law againſt them duly executed.</p>
            <p n="6">VI. That the Earl of <hi>Briſtoll</hi> may be removed from Your Majeſties Councels; and that both he and the Lord <hi>Her<g ref="char:EOLhyphen"/>bert,</hi> eldeſt ſon to the Earl of <hi>Worceſter,</hi> may likewiſe be reſtrained from coming within the Verge of the Court; And that they may not bear any Office, or have any Im<g ref="char:EOLhyphen"/>ploiments conceming State or Common-wealth.</p>
            <p n="7">VII. That Your Majeſtie will be graciouſly pleaſed by Act of Parliament to ſettle the <hi>Militia</hi> both by Sea and Land, and for the Forts and Ports of the Kingdom in ſuch a manner as ſhall be agreed on by both Houſes.</p>
            <p n="8">VIII. That Your Majeſtie will be pleaſed by Your Letters Patents, to make Sir <hi>John Brampſton</hi> chief Juſtice of Your Court of Kings Bench; <hi>William Lenthall</hi> Eſquire, the now Speaker of the Commons Houſe, Maſter of the Rolls, and to continue the Lord chief Juſtice <hi>Bankes</hi> chief Juſtice of the Court of Common-Pleas, and likewiſe to make Maſter Serjeant <hi>Wille</hi> chief Paron of Your Court of Ex<g ref="char:EOLhyphen"/>chequer, and that Maſter Juſtice <hi>Bacon</hi> may be cominued,
<pb n="6" facs="tcp:132735:5"/>and Maſter Serjeant <hi>Rolls,</hi> and Maſter Serjeant <hi>Atkins</hi> made Juſtices of the Kings Bench; That Maſter Juſtice <hi>Reeves,</hi> and Maſter Juſtice <hi>Foſter</hi> may be continued, and Maſter Serjeant <hi>Pheoſant</hi> made one of the Juſtices of Your Court of Common Pleas; That Maſter Serjeant <hi>Creſwell,</hi> Maſter <hi>Samuel Browne,</hi> and Maſter <hi>John Pubeſton</hi> may be Barons of the Exchequer; And that all theſe, and all the Judges of the ſame Courts for the time to come, may hold their places by Letters Patents under the Great Seal <hi>Quam diu ſe bene geſſerint;</hi> And that the ſevenall perſons not before named, that do hold any of theſe places before mentioned, may be removed.</p>
            <p n="9">IX. That all ſuch perſons as have been put out of the Com<g ref="char:EOLhyphen"/>miſſions of Peace, or <hi>Oyer</hi> and <hi>Terminer,</hi> or from being <hi>Cuſtodes Rotulorum,</hi> ſince the firſt day of April 1642. (other then ſuch as were put out by deſire of both, or either of the Houſes of Parliament) may again be put into thoſe Commiſſions and Offices, and that ſuch per<g ref="char:EOLhyphen"/>ſons may be put out of thoſe Commiſſions and Offices as ſhall be excepted againſt by both Houſes of Parliament.</p>
            <p n="10">X. That Your Majeſtie will be pleaſed to paſſe the Bill now preſented to Your Majeſtie, to vindicate and ſecure the Priviledges of Parliament from the ill conſequence of the late Preſident, in the charge and proceeding againſt the Lord <hi>Kimbolton,</hi> now Earl of <hi>Mancheſter,</hi> and the five Members of the Houſe of Commons.</p>
            <p n="11">XI. That Your Majeſties Royall aſſent may be given unto ſuch Acts as ſhall be adviſed by both Houſes of Parlia<g ref="char:EOLhyphen"/>ment for the ſatisfying and paying the Debts and Dam<g ref="char:EOLhyphen"/>mages,
<pb n="7" facs="tcp:132735:5"/>wherein the two Houſes of Parliament have en<g ref="char:EOLhyphen"/>gaged the Publike Faith of the Kingdom.</p>
            <p n="12">XII. That Your Majeſtie will be pleaſed, according to a gra<g ref="char:EOLhyphen"/>cious Anſwer heretofore received from You, to enter in<g ref="char:EOLhyphen"/>to a more ſtrict Alliance with the States of the united Pro<g ref="char:EOLhyphen"/>vinces, and other Neighbour Princes and States of the Proteſtant Religion, for the defence and maintenance thereof againſt all Deſignes and Attempts of the Popiſh and Jeſuiticall Faction to ſubvert and ſuppreſſe it, where<g ref="char:EOLhyphen"/>by Your Subjects may hope to be free ſtom the miſchiefs which this Kingdom hath endured through the power which ſome of that Party have had in your Councels, and will be much encouraged in a Parliamentary way for Your aid and aſſiſtance, in reſtoring Your Royall Siſter, and the Prince Elector to thoſe Dignities and Dominions which belong unto them, and the relieving the other Pro<g ref="char:EOLhyphen"/>teſtant Princes who have ſuffered in the ſame cauſe.</p>
            <p n="13">XIII. That in the generall Pardon which Your Majeſtie hath been pleaſed to offer to Your Subjects, all offences &amp; miſ<g ref="char:EOLhyphen"/>demeanours committed before the tenth of <hi>January</hi> 1641. which have bin or ſhalbe queſtioned or proceeded againſt in Parliament upon complaint in the Houſe of Com<g ref="char:EOLhyphen"/>mons before the tenth of <hi>January</hi> 1643. ſhall be excepted (which offences and miſdemeanours ſhall nevertheleſſe be taken and adjudged to be fully diſcharged againſt all other inferiour Courts) That likewiſe there ſhall be an Exception of all offences committed by any perſon or perſons, which hath or have had any hand or practice in
<pb n="8" facs="tcp:132735:6"/>the Rebellion of <hi>Ireland,</hi> which hath or have given any counſell, aſſiſtanee or incouragement to the Rebells there, for the maintenance of that Rebellion, as likewiſe Exception of <hi>VVilliam</hi> Earl of <hi>Newcaſtle,</hi> and <hi>George</hi> Lord <hi>Digby.</hi>
            </p>
            <p n="14">XIIII. That Your Majeſtie will be pleaſed to reſtore ſuch Members of either Houſe of Parliament to their ſeve<g ref="char:EOLhyphen"/>rall places of ſervices and imployment, out of which they have been put ſince the beginning of this Parliament; That they may receive ſatisfaction and reparation for thoſe places, and for the Profits which they have loſt by ſuch removalls, upon the Petition of both Houſes of Par<g ref="char:EOLhyphen"/>liament; And that all others may be reſtored to their Offi<g ref="char:EOLhyphen"/>ces and imployments who have been put out of the ſame upon any diſpleaſure conceived againſt them for any aſ<g ref="char:EOLhyphen"/>ſiſtance given to both Houſes of Parliament, or obeying their Commands, or forbearing to leave their Attendance upon the Parliament without licence, or for any other oc<g ref="char:EOLhyphen"/>caſion ariſing from theſe unhappy differences betwixt Your Majeſtie and both Houſes of Parliament, upon the like Petition of both Houſes.</p>
            <p>THeſe things being granted and performed, as it hath alwayes been our hearty prayer, ſo ſhall we be enabled to make it our hopefull endeavour, that Your Majeſtie and Your People may enjoy the bleſ<g ref="char:EOLhyphen"/>ſings of Peace, Truth and Juſtice; The Royalty and Greatneſſe of Your Throne may be ſupported by the Loyall and Bountifull affections of Your People, Their
<pb n="9" facs="tcp:132735:6"/>Liberties and Priviledges maintained by Your Ma<g ref="char:EOLhyphen"/>jeſties Protection and Juſtice, and this Publike Ho<g ref="char:EOLhyphen"/>nour and Happineſſe of Your Majeſtie and all Your Dominions communicated to other Churches, and States of Your Alliance, and derived to Your Royall Poſterity, and the future generations in this Kingdom for ever.</p>
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            <head>
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                  <head>C R</head>
                  <q>HONI SOIT QVI MAL Y PENSE</q>
                  <q>DIEV ET MON DROIT</q>
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            <head>His Majeſties Anſwer To the DESIRES and PROPOSITIONS of both Houſes, February 3. 1642.</head>
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               <seg rend="decorInit">I</seg>F His Majeſtie had not given up all the Faculties of His ſoul to an earneſt endeavour of a Peace and Reconciliation with His People, or if he would ſuffer Himſelf by any provocation to be drawn to a ſharpneſſe of Lan<g ref="char:EOLhyphen"/>guage, at a time when there ſeems ſomewhat like an overture of Accommoda<g ref="char:EOLhyphen"/>tion, He could not but reſent the heavie Charges up<g ref="char:EOLhyphen"/>on
<pb n="11" facs="tcp:132735:7"/>Him in the Preamble of theſe Propoſitions, and would not ſuffer Himſelf to be reproached with pro<g ref="char:EOLhyphen"/>tecting of Delinquents by force from Iuſtice, (His Majeſties deſire having alwayes been, that all men ſhould be tried by the known Law, and having been refuſed it) With raiſing an Armie againſt Pis Par<g ref="char:EOLhyphen"/>liament; And to be told that Arms have been taken up againſt Him, for the defence of Religion, Laws, Liberties, Priviledges of Parliament, and for the ſitting of the Parliament in ſafetie, With many other particulars in that Preamble, ſo often, and ſo fully Anſwered by His Majeſtie, without remem<g ref="char:EOLhyphen"/>bring the World of the time and circumſtances of raiſing thoſe Arms againſt Him: When His Maje<g ref="char:EOLhyphen"/>ſtie was ſo far from being in a Condition to invade other mens Rights, that He was not able to main<g ref="char:EOLhyphen"/>tain and defend His own from Violence; And with<g ref="char:EOLhyphen"/>out telling His good Subjects that their Religion (the true Proteſtant Religion, in which His Maje<g ref="char:EOLhyphen"/>ſtie was born, hath faithfully lived, and to which he will die a willing ſacrifice) their Lawes, Liberties, Priviledges and ſafety of Parliament were ſo amply ſetled and eſtabliſhed, or offered to be ſo by His Ma<g ref="char:EOLhyphen"/>jeſtie before any Army was raiſed againſt Him, and long before any raiſed by Him for His defence, that if nothing had been deſired but that Peace and Pro<g ref="char:EOLhyphen"/>tection which His Subjects and their Anceſtors had in the beſt times enjoyed under His Majeſtie, or His Royall Predeceſſors, this Miſunderſtanding and Diſtance between His Majeſtie and His people, and this generall miſery and diſtraction upon the face of the whole Kingdom, had not been now the
<pb n="12" facs="tcp:132735:8"/>Diſcourſe of Chriſtendom: But His Majeſtie will forbear any expreſſions of bitterneſſe, or of a ſenſe of His own ſufferings, that if it be poſſible the memory thereof may be loſt to the World; And therefore, though many of the Propoſitions preſented to His Majeſtie by both Houſes appear to him very deroga<g ref="char:EOLhyphen"/>tory from, and deſtructive to His juſt Power and Pre<g ref="char:EOLhyphen"/>rogative, and no way beneficiall to His Subjects, few of them being already due to them by the Laws eſtabliſhed; (And how unparliamentary it is by Arms to require new Laws, all the World may judge) yet (becauſe theſe may be waved or mollified, and many things that are now dark and doubtfull in them cleered and explained upon debate) His Maje<g ref="char:EOLhyphen"/>ſtie is pleaſed (ſuch is His ſenſe of the miſeries this Kingdom ſuffers by this unnaturall Warre, and His earneſt deſire to remove them by an happy Peace) that a ſpeedy time and place be agreed upon for the meeting of ſuch Perſons as His Majeſtie and both Houſes ſhall appoint, to diſcuſſe theſe Propoſitions, and ſuch others here following, as His Majeſtie doth propoſe to them.</p>
            <p n="1">I. THat His Majeſties own Revenue, Magazine, Towns, Forts and Ships, which have been taken or kept from Him by force, be forthwith reſtored unto Him.</p>
            <p n="2">II. That whatſoever hath been done or publiſhed con<g ref="char:EOLhyphen"/>trary to the known Laws of the Land, or derogatory to His Majeſties Legall and known Power and Rights, be renounced and recalled, that no ſeed may remain for the like to ſpring out of for the future.</p>
            <p n="3">
               <pb n="13" facs="tcp:132735:8"/>
III. That whatſoever illegall Power hath been claimed and exerciſed, by, or over His Subjects, as Impriſoning their Perſons without Law, Stopping their <hi>Habeas Cor<g ref="char:EOLhyphen"/>puſſes,</hi> and Impoſing upon their eſtates without Act of Parliament, &amp;c. Either by both or either Houſe, or any Committee of both or either, or by any Perſons appoint<g ref="char:EOLhyphen"/>ed by any of them be diſclaimed, and all ſuch Perſons ſo committed forthwith diſcharged.</p>
            <p n="4">IV. That as His Majeſtie will readily conſent (having done ſo heretofore) to the execution of all Laws already made, and to any good Acts to be made for the ſuppreſ<g ref="char:EOLhyphen"/>ſing of Popery, and for the firm ſetling of the Proteſtant Religion now eſtabliſhed by Law; So He deſires that a good Bill may be framed for the better preſerving the Book of Common-Prayer from the Scorn and Violence of Browniſts, Anabaptiſts and other Sectaries, with ſuch Clauſes for the eaſe of tender Conſciences as His Majeſtie hath formerly offered.</p>
            <p n="5">V. That all ſuch perſons as upon the Treaty ſhall be ex<g ref="char:EOLhyphen"/>cepted out of the Generall Pardon ſhall be tried <hi>Per Pa<g ref="char:EOLhyphen"/>res,</hi> according to the uſuall courſe and known Laws of the Land, and that it be left to that, either to acquit or condemn them.</p>
            <p n="6">VI. And to the Intent this Treaty may not ſuffer interrup<g ref="char:EOLhyphen"/>tion by any intervening accidents, that a ceſſation of arms and free trade for all His Majeſties Subjects may be firſt agreed upon.</p>
            <p>
               <pb n="14" facs="tcp:132735:9"/>
THis offer and deſire of His Majeſtie He hopes will be ſo cheerfully entertained, that a ſpeedy and bleſſed Peace may be accompliſhed. If it ſhall be rejected, or by inſiſting upon unreaſonable Circum<g ref="char:EOLhyphen"/>ſtances be made impoſſible (which he hopes God in His mercy to this Nation will not ſuffer) the guilt of the Blood which will be ſhed, and the deſolation which muſt follow, will lie upon the heads of the Re<g ref="char:EOLhyphen"/>fuſers. However His Majeſtie is reſolved, through what Accidents ſoever He ſhall be compelled to reco<g ref="char:EOLhyphen"/>ver his Rights, and with what proſperous ſucceſſe ſoever it ſhall pleaſe God to bleſſe Him, that by His earneſt conſtant Endeavours to propagate and pro<g ref="char:EOLhyphen"/>mote the true Proteſtant Religion, and by His go<g ref="char:EOLhyphen"/>verning according to the known Lawes of the Land, and upholding the juſt Priviledges of Parliament, according to His frequent Proteſtations made before Almighty God, which He will alwayes inviolably obſerve, the world ſhall ſee that he hath undergone all theſe difficulties and hazards for the Defence and maintenance of th<gap reason="illegible" extent="1 letter">
                  <desc>•</desc>
               </gap>ſe; The zealous Preſervation of which His Majeſtie well knowes is the onely foundation and means for the true Happineſſe of Him and His people.</p>
            <trailer>FINIS.</trailer>
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