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.
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,
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 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.
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.
AFter His Majeſties Meſſage from Eveſham ofSee 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:
2WEE Your Majeſties Loyall Subjects, aſſembled in theI. 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,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 manner4 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,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,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,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,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.
915. 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 ſingle10 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 2111 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.
1222. 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,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.
HIs Majeſty hath ſeriouſly conſidered your Propoſitions,II. and findes it very difficult, in reſpect they import ſo great an alteration in Government, both in Church and State, to returne a particular and poſitive anſwer before a full deb•te; wherein thoſ•Propoſitions, and all the neceſſary Explanations,14 and reaſons for aſſenting, diſſenting, or qualifying, and all inconveniences, and miſchiefes which may enſue, and cannot otherwiſe be ſo well foreſeen, may be diſcuſſed and weighed; His Majeſty therefore propoſeth and deſireth, as the beſt expedient for Peace, That you will appoynt ſuch number of Perſons as you ſhall think fit, to Treat with the like number of Perſons to be appoynted by His Majeſty, upon the ſaid Propoſitions, and ſuch other things as ſhall be propoſed by His Majeſty, for the preſervation and defence of the Proteſt•nt Religion (with due regard to the eaſe of tender Conſciences, as His Majeſty hath often offered) The Rights of the Crowne, The Liberty and Property of the Subject, and the Priviledges of Parliament. And upon the whole matter to conclude a happy and bleſſed Peace.
WEE Your Majeſties humble and Loyall Subjects of both Kingdomes, have conſidered of Your Maieſties MeſſageIII. 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 ſerious15 conſideration, and preſent our humble deſires to Your Majeſty with all convenient ſpeed.
WEE Your Majeſties humble and Loyall Subjects, theIV. 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, M r Hugh Kennedy, and M r Robert Barclay, for the Eſtates of the Parliament of Scotland, together with Maſter16 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,
I Am commanded by His Majeſty to returne this His anſwerV. 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.
HIs Majeſty having received a Meſſage by Sir Peter Killigrew, from the Lords and Commons aſſembled in theVI. 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 His18 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.
I am commanded by His Majeſtie to ſend theſe encloſed PropoſitionsVII. 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.
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 or19 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.
I Am commanded by both Houſes of the Parliament of England, and deſired by the Commiſſioners of the Kingdome ofIX. Scotland, to deſire your Highneſſe to let His Majeſty know, That they doe agree, that their Committees doe begin the Treaty a•20Vxbridge 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.
WHEREAS after ſeverall Meſſages ſent by us to theX. 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,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.
BEE it Ordained by the Lords and Commons aſſembled inXI. 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.
AT Edinburgh the ſaxteint day of Iulij. The ȝeir of GodXII. 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 His23 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 and24 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 preſents25 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.
WEE are directed by Our Inſtructions, to Treat withXIII. your Lordſhips upon the Propoſitions concerning Religion, the Militia, and Ireland, three daies a peice, (alternis vicibus) during the space of twenty dayes, from the 30 of Ianuary, beginning firſt with the Propoſitions of Religion, and accordingly we ſhall deliver unto your Lordſhips a Paper to morrow morning upon thoſe Propoſitions.
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,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;
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 byAll 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.
BY Our Inſtructions we, or any tenne of us, whereof ſome of eitherXV. 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.
VVHereas your Lordſhips have expreſſed unto us a deſireXVI. 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 Warrant27 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.
BE it Ordained by the Lords and Commons aſſembled in Parliament, that Algernon Earle of Northumberland, PhilipXVII. 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 the28 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.
HAving conſidered your Commiſſion and Power from His Majesty, given in laſt night by your Lordſhips, we find thatXVIII. 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.
WE conceive Our Power, being to Treat upon the PropoſitionsXIX. 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 both29 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.
IN anſwer to your Lordſhips Paper, concerning your Power toXX. 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.
WHereas certaine Propoſitions were ſent unto us fromXXI. 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.
WE deſire, to the end there may be a greater FreedomXXII. in debate (which We conceive will much conduce30 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.
WEE ſhall deliver our Demands and Anſwers in Writing,XXIII. and deſire your Lordſhips to doe the like.
WEE deſire a full Anſwer of our Paper, that nothingXXIV. 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.
ACcording to our former Paper, we ſhall deliver our demandsXXV. 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.
IN anſwer to your Lordſhips Paper formerly delivered, we doeXXVI. 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.
WEE have certaine Information from divers PerſonsXXVII. 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.
TO the Paper delivered in by your Lordſhips this day, concerning the Information received of ſeverall ScandalousXXVIII. 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 preſent32 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.
VVE inſiſt upon our former deſire concerning the SermonXXIX. 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.
VVE will repreſent both your Lordſhips papers concerningXXX. M. Love unto the Lords and Commons aſſembled in the Parliament of England at Weſtminſter, who will proceed therein according to Juſtice.
ACcording to the**The Paper intended, is that before of 30. Ian. no. 13. paper delivered by us to your LordſhipsXXXI. 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.
33That the Ordinances, concerning the Calling and ſitting of theThe 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.
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.
HAving conſidered your Lordſhips Paper, containing theXXXII. 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, or34 whether your Lordſhips are bound up, by your Inſtructions, to inſiſt upon the Propoſitions without any alteration.
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.
YOur Lordſhips firſt Propoſition in the Paper concerningXXXIV. 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.
ACcording to your Lordſhips deſire in the**Meaning the next preſent Paper. third Paper, WeXXXV. 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.
VVEE deſire to know whether the Propoſitions, whichXXXVI. we have received from your Lordſhips touching Religion, be all we are to expect from you upon that Subject.
THere are other things touching Religion to be propoundedXXXVII. 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.
VVEE deſired to know whether the PropoſitionsXXXVIII. 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;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.
THe information we deſire from your Lordſhips for theXXXIX. 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 by37 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.
VVEE cannot but be ſenſible of the great loſſe of time, occaſionedXL. 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.
VVEE conceive there was no cauſe your LordſhipsXLI. 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 various38 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.
THat we may make a right uſe of the Information yourXLII. 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 you39 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,
And if your Lordſhips have any thing elſe to informe us concerning this Government, We deſire to receive the ſame from your Lordſhips.
WE are ready by preſent Conference to enter upon conſiderationXLIII. 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?
WE deſire the Bill for the utter aboliſhing of Epiſcopacy,XLIV. which now remaines with His Maieſty may be paſſed without40 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.
WE deſire your Lordſhips anſwer to our demands upon theXLV. 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.
WE conceive we have offered ſo weighty doubts and conſiderationsXLVI. 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 happy41 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.
HAving received no ſatisfaction in the firſt three dayes appointedXLVII. 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.
VVE gave your Lordſhips as much ſatisfaction in the firſtXLVIII. 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.
We have received no ſatisfaction from your Lordſhips, concerningXLIX. 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.
YOur Lordſhips having expreſſed in your Paper of the firſt ofL. 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.
VVE ſhall deliver in, very ſpeedily, that which remaines withLI. 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 received43 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.
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.
THere having now been ſeverall dayes spent in debate uponLIII. 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, which44 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.
VVE deny, that the objections alleadged by us againſt theLIV. 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.
WE did aſſure our ſelves. That after ſo many dayes debateLV. concerning Religion, and our removall of what ever objections have been offered by your Lordſhips, and our making it45 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.
WE are not yet ſatisfied, that the Bill inſiſted on by yourLVI. 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 relateSee 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 not46 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,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 hundred48 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.
FOr the confirmation of the Ordinances concerning theLVII. 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.
WEE doe not yet conceive, that the Directory forLVIII. 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 learned49 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.
WEE deſire to ſee the Bills for the obſervation ofLIX. 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 your50 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.
WHereas we expected your Lordſhips reſolution, for HisLX. 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 wholly51 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.
VVEE conceive that our Anſwer to your Lordſhips, concerning the Bill for the utter aboliſhing ofLXI. 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 aſſertion52 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.
WEE conceive your Lordſhips ſecond Paper, this day deliveredLXII. 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