[Page] The humble Desires and PROPOSITIONS OF THE Lords and Commons in Parliament, tendred to His Majestie, Febr. 1.

AND HIS MAJESTIES GRACIOVS ANSWER And PROPOSITIONS, Febr. 3. 1642.

Die Lunae, 6. Febr. 1642.

IT is this Day Ordered by the Commons in Parlia­ment Assembled, That the Propositions from both Houses to His Majesty, and His Majesties Answer un­to them, this day received, be forthwith Printed and Published.

H. Elsynge, Cler. Parl. D. Com.

Printed at York by Stephen Bulkley, 1642.

By speciall Command.

[Page 3] WE Your Majesties most humble and faith­full Subjects, the Lords and Commons in Parliament Assembled, having in our thoughts the glory of God, Your Majesties Honour, and the prosperity of Your Peo­ple; and being most grievously afflicted with the pressing mise­ries and calamities which have overwhelmed Your two King­doms of England and Ireland, since Your Majestie hath by the perswasion of evill Councellors withdrawn Your selfe from Your Parliament, raised an Army against it, and by force thereof protected Delinquents from the Justice of it, and constraining us to take Arms for the defence of our Religion, Laws, Liber­ties and Priviledges of Parliament, and for the sitting of the Parliament in safety; Which Fears and Dangers are conti­nued and encreased by the raising, drawing together, and ar­ming of great numbers of Papists under the Command of the Earl of Newcastle, likewise by making the Lord Herbert of Ragland, and other known Papists, Commanders of great For­ces, whereby many grievous Oppressions, Rapines, and Cruelties have bin and are dayly exercised upon the Persons and Estates of Your People, Much innocent blood hath been spilt, and the Papists have attained means of attempting, with hopes of ef­fecting their mischievous designe of rooting out the Reformed Religion, and destroying the Professors thereof.

In the tender sence and compassion of these Evils under which the People and Kingdom lye, according to the Duty which we owe to God, Your Majesty, and the Kingdom, for which we are trusted, Do most earnestly desire that an end may be put to these great Distempers and Distractions, for the preventing that Desolation which doth threaten all Your Majesties Do­minions, [Page 4] and as we have rendred, and still are ready to render to Your Majesty, that Subjection, Obedience, and Service, 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 Protection which we and our Ancestors have for­merly enjoyed under Your Majesty and Your Royall Predeces­sors, and graciously to accept and grant these our most humble Desires and Propositions.

I.

THat Your Majesty 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 Parliament.

II.

That You will leave Delinquents to a Legall Tryall, and Judgement of Parliament.

III.

That the Papists may not onely be disbanded, but disar­med according to Law.

IV.

That Your Majesty will be pleased to give Your Roy­all assent unto the Bill for taking away Superstitious Inno­vations; To the Bill against scandalous Ministers; To the Bill against Pluralities; To the Bill for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans, Sub-Deans, Deans and Chapters, Arch-Deacons, Canons and Prebendaries, and all Chantors, Chancellors, Trea­surers, Sub-Treasurers, Succentors and Sacrists, And all Vicars, Chorall and Choristers, Old Vicars and New Vi­cars of any Cathedrall or Collegiate Church, and all o­ther their under-Officers out of the Church of England. And to the Bill for Consultation to be had with godly, [Page 5] religious, and learned Divines; That Your Majestie will be pleased 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.

V.

That Your Majesty having express'd in Your Answer to the Nineteen Propositions of both Houses of Parlia­ment, a hearty Affection and Intention for the rooting out of Popery out of this Kingdom. And that if both the Houses of Parliament can yet find a more effectuall course to disable Jesuits, Priests, and Popish Recusants from disturbing the State or eluding 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, wherein they shall abjure and renownce the Popes Supremacie, the Doctrine of Transubstantiation, Purgatory, Worshipping of the consecrated Hoast; cru­cifixes and images; and the refusing of 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 Your Royall Assent unto a Bill, for the education of the Children of Papists, by Protestants, in the Prote­stant Religion.

That for the more effectuall execution of the Laws against Popish Recusants, Your Majesty would be plea­sed to consent to a Bill for the true leavying of the Pe­nalties [Page 6] 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 Majesty be at no losse: And likewise to a Bill whereby the practises of Papists against the State may be prevented, and the Laws against them duely executed.

VI.

That the Earl of Bristoll be removed from Your Maje­sties Councells, and that both he and the Lord Harbert, eldest Son to the Earl of Worcester, may likewise be restrai­ned from comming within the Verge of the Court, and that they may not bear any Office, or have any imploy­ments concerning the State or Common-wealth.

VII.

That Your Majesty would be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land, and for the Forts and Ports of the Kingdom, in such man­ner as shall be agreed on by both Houses.

VIII.

That Your Majesty will be pleased by Your Letters Pa­tents, to make Sir John Bramston Chiefe Justice of Your Court of Kings Bench, William Lenthall Esquire, the now Speaker of the Commons House Master of the Rolls, and to continue the Lord Chiefe Justice Bankes, Chiefe Justice of the Court of Common-Pleas, and likewise to-make Master Serjeant Wilde, Chief Baron of Your Court of the Exchequer, and that Master Justice Bacon may be continued, and Master Serjeant Rolls, and Master Ser­jeant Atkins made Justices of the King Bench; that Ma­ster Justice Reeve, and Master Justice Forster may be conti­nued, Serjeant Pheasant made one of Your Judges of Your Court of Common-Pleas; That Mr. Serjeant Creswell, Mr. Samuel Brown, and Mr. John Puleston may be Barons of [Page 7] the Exchequor, and that all these and all the Judges of the same Courts for the times to come, may hold their places by Letters Patents under the great Seale, Quamdiu se bene Gesserint, and that the severall persons not before na­med, that do now hold any of these places before menti­oned, may be removed.

IX.

That all such persons as have been put out of the Com­missions of peace, or of Oyer and Terminer, or from be­ing Custodes Rotulorum since the first day of Aprill, 1642. (other then such as were put out by the desire of both or either Houses of Parliament) may again be put into those Commissions and Offices, and that such persons may be put out of those Commissions and Offices as shall be ex­cepted against by both Houses of Parliament.

X.

That your Majesty will be pleased to passe the Bill now presented to your Majesty, to vindicate and secure the Priviledge of Parliament, from the ill consequence of the late president in the charge and proceedings against the Lord Kimbolton now Earle of Manchester, and the five Members of the House of Commons.

XI.

That your Majesties Royall assent may be given unto such Acts as shall be advised by both Houses of Parlia­ment, for the satisfying and paying of the debts and dam­mages wherein the two Houses of Parliament have en­gaged the Publike Faith of the Kingdome.

XII.

That your Majesty will be pleased according to a gra­cious Answer heretofore received from you, to enter in­to a more strict Alliance with the States of the United Provinces and other neighbour Princes, and States of the [Page 8] Protestant Religion, for the defence and maintenance thereof, against all Designes and Attempts of the Po­pish and Jesuiticall Faction to subvert and suppresse it, whereby Your Subjects may hope to be free from the mischiefes which this Kingdome hath endured through the power which some of that party have had in your Counsells, and will be much encouraged in a Parliamen­tary way, for Your aid and assistence in restoring Your Royall Sister and Prince Elector to those Dignities and Dominions which belong unto them, and relieving the o­ther Protestant Princes, who have suffered in the same Cause.

XIII.

That in the generall Pardon which Your Majestie hath been pleased to offer to Your Subjects, all Offences and Misdemeanours committed before the 10. of Jan. 1641. which have been or shall be questioned, or proceeded a­gainst in Parliament upon complaint in the House of Commons, before the 10. of Jan. 1643. shall be excep­ted, which Offences and Misdemeanors 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 practise in the Rebellion of Ireland, which hath or have given any councell, assistence, or en­couragement, to the Rebells there for the maintenance of that Rebellion, as likewise an exception of William Earle of Newcastle, and George Lord Digby▪

XIIII.

That Your Majesty will be pleased to restore such Members of either House of Parliament to their severall places of service and imployment, out of which they have [Page 9] 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 removall, upon the Petition of both Houses of Parliament: And that all others may be restored to their Offices and Employments, who have bin put out of the same upon any displeasure conceived against them, for any assistence given to both Houses of Parliament, or obeying their Com­mands, or forbearing to leave their Attendance up­on the Parliament without License, or for any other occasion arising from these unhappy differences be­twixt Your Majesty and both Houses of Parliament, upon the like Petition of both Houses.

These things being granted and performed, as it hath alwayes been our heartie prayers, so shall we be enabled to make it our hopefull endeavour, That Your Majesty and Your people may enjoy the blessngs of Peace, Truth, and Justice, The Royalty and Great­nesse of Your Throne may be supported by Your loyall and bountifull Affections of Your People, Their Li­berties and Priviledges maintained by Your Maje­sties Protection and Justice, And this publike Ho­nour and Happinesse of Your Majesty and all Your Dominions, communicated to other Churches and States of Your Alliance, and derived to Your Royall Posterity, and the future Generations of this King­dome for ever.

His MAJESTIES Answer.

IF His Majesty had not given up all the Faculties of His Soule to an earnest endeavour of a Peace and Reconciliation with His People, Or if He would suffer Himselfe by any provocation to be drawne to a sharpnesse of Language, at a time when there seems somewhat like an Overture of Accommodation, He could not but resent the heavy charges upon Him in the Preamble of these Propositions, and would not suffer Himselfe to be reproached with protecting of Delinquents by force from Justice (His Majesties desire having al­wayes been, That all Men should be tryed by the known Law, and having been refused it) with rai­sing an Army against His Parliament: 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 [Page 12] the Parliament in safety, with many other particu­lars in that Preamble, so often and so fully answered by His Majesty without remembring the world of the time, and circumstances of raising those Arms against Him; When His Majesty was so farr from being in a condition to invade other mens Rights, that He was not able to maintaine and defend His own from violence. And without telling His good Subjects, That their Religion (the true Prote­stant Religion in which His Majesty was born, hath faithfully lived, and to which He will dye a willing Sacrifice) their Laws, Liberties, Pri­viledges, and safety of Parliament, were so amply settled and established, or offered to be so by His Majestie, before any Army was raised against Him, and long before any raised by Him for His defence, That if nothing had been directed, but that Peace and Protection which His Subjects, and their Ancectors had in the best times enjoyed under His Majesty, or His Royall Predecessors, this misunderstanding and distance between His Maje­sty and His People; and this generall misery and di­straction upon the Face of the whole Kingdom had not been now the Discourse of Christendom; But His Majesty 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 Majesty by both Houses appear to Him very derogatory from, and destructive to His Just Power and Prerogative, and [Page 13] no way beneficial to His Subjects; few of them be­ing already due unto 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, or doubtfull in them, cleered and explained upon debate) His Majesty is pleased (such is His sence of the miseries this Kingdom suffers by this unnaturall Warre. and His earnest desire to remove them by a happy peace) That a speedy time and place be agreed upon for the meeting of such Persons as His Majesty and both Houses shall ap­point, to discusse these Propositions, and such o­thers here following, as His Majestie doth propose to them.

I. THat His Majesties own Revenue, Magazines, Towns, Forts, and Ships, which have been taken or kept from Him by Force, be forthwith restored unto Him.

II. That whatsoever hath been done or Published contrary 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.

III. That whatsoever Illegall Power hath been clai­med and exercised by, or over His Subjects, as Impriso­ning their Persons, without Law stopping their Hebeas Corpusses, and imposings upon their Estates without Act of Parliament, &c. Either by both or either Houses, or any Committee of both or either, or by any Persons ap­pointed [Page 13] by any of them, be disclai [...]d, and all such Per­sons so committed forthwith discharged.

IV. That as His Majesty 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 suppressing 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 of 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 Ma­jesty hath formerly offered.

V. That all such Persons as upon the Treaty shall be excepted out of the generall pardon, shall be tryed per Pares, according to the usuall Course and known Laws of the Land; and that it be left to that, either to acquit or condemne them.

VI. And to the intent this Treaty may not suffer Interruption by any intervening accidents, That a Ces­sation of Arms, and a free trade for all His Maje­sties Subjects may be first agreed upon.

This Offer and desire of His Majesty, 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 Circum­stances 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 lye upon the Heads of the refusers; However His Majesty is resolved, [Page 15] through what Accidents soever, He shall be com­pelled to recover His Rights, and with what pro­sperous successes soever it shall please God to blesse Him, That by his earnest constant Endeavours to Propogate and Promote the true Protestant Reli­gion, and by His governing according to the known Laws 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 those; The zealous preservation of which, His Majestie well knows, is the onely foundation and means for the true happinesse of Him and His People.

FINIS.

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