The humble desires and propositions of the Lords and Commons in Parliament, tendred to His Majestie, Febr. 1. And His Majesties gracious answer and propositions, Febr. 3. 1642.

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.

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overwhelmed Your two Kingdoms of England and Ireland, ſince Your Majeſtie hath by the perſwaſion of evill Councellors withdrawn Your ſelfe from Your Parliament, raiſed an Army againſt it, and by force thereof protected Delinquents from the Juſtice of it, and conſtraining us to take Arms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, 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.

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, 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.

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 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 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.

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 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 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 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 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 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, 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.