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 our reports to the Parliaments of both Kingdoms.
COncerning the Ordinances for the Calling and Sitting ofLXIII. the Aſſembly of Divines, and the taking the Covenant, we can give no farther Anſwer then we have done in our ſecond Paper, delivered to your Lordſhips this day.
VVEE doe conceive your Lordſhips third paper is a DeniallLXIV. of our Demands, concerning the Directorie for publique worſhip, and the Propoſition for Church-Government, againſt which your Lordſhips have made no objection, and your Queres are already ſatisfied by Conference. And we ſhall accordingly make our reports to the Parliaments of both Kingdoms.
OVr expreſſions in our Anſwer to your Lordſhips demands,LXV. concerning the Directory for publique worſhip, import onely what we, as yet, conceive concerning that matter, there having hitherto been no debate touching the ſame, or concerning the Common-Prayer Book, now Eſtabliſhed by Law, and thereby intended to be aboliſhed. And therefore we did in that Paper, and doe ſtill deſire to receive your Lordſhips**None were made. objections againſt the Book of Common-Prayer, and your reaſons for introducing the Directory. Neither can our Anſwer to the Propoſitions for Church-Government, annexed to your firſt Paper, be otherwiſe taken, then as our deſire to receive information, how that Government ſhould be conſtituted in particular, and what Iuriſdiction ſhould be eſtabliſhed, by whom granted, and upon whom it ſhould depend; which Quere's were not ſatisfied by any conference, your Lordſhips (as we conceive) having declared your ſelves, that the particular forme or modell of that Government, mentioned in thoſe Propoſitions onely in generall, were not then particularly agreed on; And we have ſince deſired and expect to receive it, and therefore your Lordſhips cannot conceive, we have denyed that which we have not yet ſeen, nor been informed of.
TO your Lordſhips Fourth Paper, we Anſwer, The BillLXVI. for ſuppreſſing of Innovations in Churches and Chappells,54 in and about the Worſhip of God, &c. And for the better advancement of the Preaching of Gods holy Word in all parts of this Kingdom, and againſt the enjoying of Pluralities of Benefices by Spirituall perſons, and Non-reſidencie, were heretofore preſented to His Majeſty, and remaine with him; And we herewith deliver to your Lordſhips, the Ordinance for the due obſervation of the Lords day, and we inſiſt on our former demands concerning them. And when your Lordſhips have given us your full Anſwers to our deſires already with you concerning Religion, we then ſhall deliver unto your Lordſhips our demands concerning Papiſts, the regulating the Ʋniverſities, the Education, and Marriage of His Majeſties Children, in the true Proteſtant Religion, contained in our Paper of the 11. of this inſtant Februarie.
VVE have not the Bills here, which we deſired of yourLXVII. Lordſhips, in our fourth Paper, to ſee, and which you now ſay were heretofore preſented to His Majeſtie. But we ſhall take ſpeedy care to have thoſe Bills, if they remaine with His Majeſtie, and in the meane time deſire your Lordſhips to give us Copies of them, and we ſhall give your Lordſhips a ſpeedy anſwer, as we ſhall to the Ordinance for the due obſervarion of the Lords Day, which we received from your Lordſhips this night, and had never before ſeene; and we ſhall be ready to receive your Lordſhips**None at all were delivered in. demands concerning Papiſts, the regulating the Ʋniverſities, the Education and Marriage of His Majeſties Children, and ſhall returne our anſwers accordingly.
This laſt Paper concluded the ſix dayes, appointed for the Treaty upon Religion, according to the Order preſcribed for diſpoſing the firſt 18. dayes of the 20 for the Treaty. In the end of which 18. daies, after ſome**See theſe Papers after no. 170. 192, & 193. papers mutually delivered concerning the manner bow the two laſt daies ſhould be diſpoſed, this Subject of Religion, with the two others, were againe reſumed, and their Papers following, were then delivered in concerning Religion.
VVHere as your Lordſhips, in your**The Paper intended, is the King's Commiſſioners Reply, to their firſt Anſwer, 13. Feb no. 61. laſt Paper of Feb. 13.LXVIII. were pleaſed to ſay, that (as you conceived) the continuall ſucceſſion of Epiſcopacy from the Apoſtles times, was conſented to on all parts, and that you cannot remember that the contrary thereof was ſo much as alleadged, much leſſe that the unlawfulnes thereof was proved, the Queſtion of the unlawfulnes thereof having never yet come into debate; We deſire your Lordſhips to remember, that when a Divine in Commiſſion with you undertook to prove the Ius Divinum of Epiſcopacy, his Arguments were not only Anſwered by another Divine in Commiſſion with us, but that 4 or 5 ſeverall Arguments were then brought by him out of the Scriptures, to prove the unlawfulnes of it; and afterwards in an extrajudiciall debate between ſeverall Divines on both ſides, by conſent of the Commiſſioners, thoſe Arguments were further made good by the Divines on our ſide, and the pretended continuall ſucceſſion of Epiſcopall Government from the Apoſtles times was (as we conceive) at the ſame time ſufficiently disproved; So that we cannot but wonder that your Lordſhips ſhould forget that the unlawfulnes of it was debated. And whereas in your Lordſhips**See the Paper, 20. Feb. after No. 196. being delivered upon another occaſion. laſt Paper of Feb. 20. you were pleaſed to ſay, that if it might be made appeare, that the Government by Biſhops is unlawfull, or that the Government, which we deſire to introduce in the roome thereof, is the only Government that is agreeable to the word of God, your Lordſhips would immediately give us full ſatisfaction in our Propoſition. We deſire your Lordſhips to remember beſides, what hath bin proved in debate concerning the unlawfulnes of Epiſcopall Government, and not withſtanding the generall experience, that the government by Arch-Biſhops, Biſhops, &c. hath bin a hinderance to Reformation, and growth of Religion, & prejudiciall to the Civill State; & the manifeſt evidence of the thing it ſelf, that ſo much of the Government deſired by us, as hath bin preſented to your Lordſhips, is agreeable to the word of God, how we have ſeverall times offered our ſelves to give your Lordſhips ſatisfaction by Conference, if any objections remained with your Lordſhips to the contrary, which we are ſtill56 ready to do, and deſire your Lordſhips full Anſwer to that, and the reſt of our Propoſitions concerning Religion.
WE did conceive that the continuall Succeſſion of EpiſcopacyLXIX. from the Apoſtles times, had bin ſo clearly manifeſted to your Lordſhips, by our Conference on the 12. of this inſtant, that your Lordſhips had bin fully ſatisfied therein; the which ſince you are not, we would gladly be informed, when, and where any Nationall Church, ſince the Apoſtles times, was without that Government; and ſince your Lordſhips are of opinion that the unlawfulnes of Epiſcopacy was made good by thoſe Arguments, which were given by the Divines on your part, which in truth we did not underſtand to be made to that purpoſe when they were firſt urged, and being now againe remembred, in our Iudgments do not in any degree prove the ſame, we being very ready to conſent to the aboliſhing thereof if the ſame can be proved; and your Lordſhips aſſuming that you have proved it, and ſo that you can again prove it, we deſire your Lordſhips by Conference, or in writing, to ſatisfie us in that point; which we hope being in your power (as you ſay) to doe, and being a ſure way to put an end to this debate by our yeelding, your Lordſhips will not refuſe to do it; But if neither that, nor the other Propoſition, that the Government intended to be introduced by your Lordſhips, is the only Government, that is agreeable to the word of God can be evinced; We hope your Lordſhips will reſt ſatisfied with the reaſons we have given your Lordſhips in writing, why we cannot conſent to your Propoſitions concerning Religion, as they are made and inſiſted on by your Lordſhips, and that we have offered your Lordſhips a remedy againſt all the inconveniencies that have bin ever pretended in the Government, as is now eſtabliſhed by Law, and which ought not upon leſſe reaſons then we have mentioned to be taken away.
VVE do not conceive that the continuall Succeſſion of Epiſcopacy from the Apoſtles time, hath bin at all manifeſtedLXX. to us in Conference to your Lordſhips, and for what your Lordſhips mention concerning a Nationall Church, it is a new Queſtion which hath not, as yet, bin any part of the Subject of our Debate. But we deſire to bring that to a concluſion which is in iſſue between us, and not doubting but that your Lordſhips are fully ſatisfied, That Epiſcopacy is not Iure Divino, we are ready by Conference to ſhew the unlawfulneſſe of that Epiſcopacy which we deſire to take away by our Bill, and that the Government which we propoſe is agreeable to the Word of God.
HAving the laſt night given in a paper unto your Lordſhips, wherein we ſignified that we doubted not, but that you wereLXXI. fully ſatisfied, that Epiſcopacy was not Iure Divino, we are the more confirmed in it, becauſe your Lordſhips have ſince that time given us nothing in to the contrary, and we hope we have by clear Arguments from Scripture and reaſon this day likewiſe ſatisfied you, That the government by Arch-Biſhops, Biſhops, &c. which we deſire to be taken away by this Bill, is unlawfull; and that the Government, which we deſire to be eſtabliſhed, is agreeable to the word of God; and therefore we deſire your Lordſhips to agree to the paſſing of this Bill, and to give us your full and cleare anſwer to this, and the reſt of the Propoſitions concerning Religion.
ACcording to your Lordſhips paper of the laſt night, we attendedLXXII. your debate this day, concerning the unlawfulnes of Epiſcopacy; but did neither then, nor do now, acknowledg our58 Selves convinced by any Arguments offered by you, that Epiſcopacy is not Iure Divino, the ſame having bin the opinion of very many Learned men in all ages, (which we do not cenſure or determine) but not inſiſted on by us, as the ground of any Anſwer we have delivered to your Lordſhips; and we are ſo far from being ſatisfied with the Arguments from Scripture and reaſon, this day urged, to prove, that the Government by Arch ▪ Biſhops, Biſhops, &c. which you deſire to be taken away by this Bill, is unlawfull, that the weightieſt Arguments which were urged (in our Iudgments) concluded at moſt againſt thoſe inconveniencies which are remedied by the Alteration offered by us to your Lordſhips, in our**See before, no. 56. Paper of the 13. of this Moneth; and it ſeems ſtrange to us, that your Lordſhips ſhould think that Government (without which no Nationall Church hath bin ſince the Apoſtles times, till within theſe few yeares) to be unlawfull: and for the Government deſired by you to be eſtabliſhed, your Lordſhips have not offered any ſuch particular Form of Government to us that may inable us to Iudge thereof; and we cannot but obſerve that the Arguments, produced to that purpoſe, were only to prove the ſame not unlawfull, without offering to prove it abſolute neceſſary, and therefore we conceive our Anſwer, formerly given to your Lordſhips concerning that Bill, and your Propoſitions concerning Religion, is a juſt and reaſonable Anſwer.
After the firſt three daies of the Treaty, ſpent upon the buſineſſe of Religion, according to the Order formerly preſcribed, the Propoſitions concerning the Militia were next Treated upon the three daies following, beginning the fourth of February, and the ſame was after reſumed the 14. of February, for other three daies.
WEE deſire that by Act of Parliament, the Subjects ofLXXIII. the Kingdom of England, may be appoynted to be Armed, Trayned, and Diſciplined, in ſuch manner as both Houſes ſhall think fit.
The like for the Kingdome of Scotland, in ſuch manner as the Eſtates of Parliament there ſhall think fit.
We deſire that an Act of Parliament be paſſed for the ſetling of the Admiralty and Forces at Sea, and for the rayſing of ſuch moneys for maintenance of the ſaid Forces, and of the Navy, as both Houſes of Parliament ſhall think fit.
The like for the Kingdom of Scotland, in ſuch manner as the Estates of Parliament there ſhall think fit.
An Act for the ſetling of all Forces by Sea and Land, in Commiſſioners to be nominated by both Houſes of Parliament, of Perſons of known integrity, and ſuch as both Kingdoms may confide in for their faithfulneſſe to the Religion and Peace of the Kingdome, of the Houſe of Peeres, and of the Houſe of Commons, who ſhall be removed or altered from time to time, as both Houſes ſhall think fit. And when any ſhall dye, others to be nominated in their places by the ſaid Houſes, which Commiſſioners ſhall have power,
Firſt, to ſuppreſſe any Forces raiſed without authority of both Houſes of Parliament, or in the intervals of Parliaments, without conſent of the ſaid Commiſſioners, to the diſturbance of the publique Peace of theſe Kingdoms, and to ſuppreſſe any Forraigne52 Forces that ſhall invade this Kingdom; and that it ſhall be high Treaſon in any, who ſhall leavy any Forces without ſuch authority or conſent, to the diſturbance of the publique Peace of the Kingdom any Commiſſion under the Great Seale, or other warrant to the contrary, notwithſtanding; and they to be incapable of any Pardon from His Majeſty, and their eſtates to be dispoſed of as both Houſes of Parliament ſhall think fit.
2. To preſerve the Peace now to be ſetled, and to prevent all diſturbances of the publique Peace, that may ariſe by occaſion of the late troubles.
So for the Kingdom of Scotland.
3. To have power to ſend part of themſelves, ſo as they exceed not a third part, or be not under the number of to reſide in the Kingdom of Scotland, to aſſiſt and Ʋote as ſingle perſons, with the Commiſſioners of Scotland, in thoſe matters wherein the Kingdom of Scotland is only concerned.
So for the Kingdome of Scotland.
4. That the Commiſſioners of both Kingdoms, may meet as a joynt Committee, as they ſhall ſee cauſe, or ſend part of themſelves, as aforeſaid, to doe as followeth;
1. To preſerve the Peace betwixt the Kingdoms, and the King, and every one of them.
2. To prevent the violation of the Articles of Peace, as aforeſaid, or any troubles ariſing in the Kingdoms, by breach of the ſaid Articles, and to heare and determine all differences that may occaſion the ſame, according to the Treaty; and to doe further, according as they ſhall respectively receive inſtructions from both Houſes of Parliament in England, or the Eſtates of Parliament in Scotland; And in the intervals of Parliaments from the Commiſſioners for the preſervation of the publique Peace.
3. To raiſe and joyne the Forces of both Kingdoms, to reſiſt all Forraigne Invaſion, and to ſuppreſſe any Forces raiſed within any of the Kingdoms, to the diſturbance of the publique Pence of the Kingdoms, by any authority under the Great Seale, or other warrant whatſoever, without conſent of both Houſes of Parliament in England, and the Eſtates of the Parliament in Scotland,53 or the ſaid Commiſſioners of that Kingdome whereof they are Subjects. And that in thoſe caſes of joynt Concern•ment to both Kingdoms, the Commiſſioners to be directed to be there all, or ſuch part as aforeſaid, to Act and direct as joynt Commiſſioners of both Kingdomes.
We deſire that the Militia of the City of London, may be in the Ordering and government of the Lord Major, Aldermen and Commons in Common-Councell aſſembled, or ſuch as they ſhall from time to time appoynt, whereof the Lord Major and Sheriffs for the time being to be three. And that the Militia of the Pariſhes without London, and the Liberties within the Weekly Bills of Mortality, may be under the command of the Lord Major, Aldermen and Commons, in Common-Councell of the ſaid City, to be ordered in ſuch manner as ſhall be agreed on, and appoynted by both Houſes of Parliament.
We deſire that the Tower of London, may be in the Government of the City of London, and the chiefe Officer and Governour thereof from time to time, be nominated and removeable by the Common-Councell.
And that the Citizens, or Forces of London, ſhall not be drawn out of the City into any other parts of the Kingdom, without their own conſent. And that the drawing of their Forces into other parts of the Kingdom in theſe diſtracted times, may not be drawn into example for the future.
After theſe Propoſitions made, the King's Commiſſioners, for their Information concerning theſe Propoſitions, gave in ſeverall Papers.
WE conceive the Propoſitions delivered by your LordſhipsLXXIV. concerning the Militia, import very great alterations in the maine foundation of the Frame of Government of this Kingdome, taking by expreſſe words, or by neceſſary conſequence, the whole military and Civill power out of the Crown, without any limitation in time, or reparation propoſed. Therefore62 we deſire to know for what terme you intend the Militia ſhall be ſetled in ſuch manner as may be a reaſonable and full ſecurity, which we are ready and deſirous to give, to preſerve the Peace now to be ſetled, and to prevent all diſturbances of the publique peace that may ariſe by occaſion of the late Troubles. For the better doing whereof, we are ready by conference to ſatisfie your Lordſhips in any particulars.
OƲr Paper given in to your Lordſhips concerning the Militia,LXXV. doth not containe the alterations mentioned in your Lordſhips Anſwer, but deſires that which, by the wiſdome of the Parliaments of both Kingdomes is judged neceſſary at this time for the ſecurity of His Majeſties Kingdomes, and preſervation of the Peace now to be ſetled; and untill your Lordſhips ſhall declare an aſſent unto the matter therein expreſſed, we conceive it will not be ſeaſonable to give any anſwer concerning the time; And we are ready to conferre with your Lordſhips upon what ſhall be offered by you to our Paper concerning the Mi•itia formerly delivered.
WE are of opinion, that the Propoſitions in your LordſhipsLXXVI. Paper containe the Alterations mentioned in the paper we lately delivered to your Lordſhips, and take by expreſſe words, or neceſſary conſequence, the whole Military and Civill Power out of the Crowne, which alterations we are ready to make appeare in debate. And the alterations being ſo great, we have reaſon to deſire to know the limitation of time, the conſideration of which makes the Propoſitions more or leſſe reaſonable.
VVE deſire to know who the Commiſſioners ſhall be inLXXVII. whoſe hands the Forces by Sea and Land ſhall be entruſted;63 And whether you intend His Majeſty ſhall be obliged to conſent to ſuch Perſons; or whether He may except againſt them, and name others in their places of knowne affection to Religion and Peace.
THe Commiſſioners in whoſe hands the Forces by Sea andLXXVIII. Land ſhall be entruſted, are to be nominated for England by both the Houſes of the Parliament of England; and for Scotland, by the Eſtates of the Parliament of Scotland; as is expreſſed in our Paper formerly delivered to your Lordſhips concerning the Militia.
WEE deſire a full anſwer to our Paper concerning the PerſonsLXXIX. to be entruſted with the Militia, it being very neceſſary to know the perſons, before conſent can be given to the matter; and whether His Majeſty may except againſt any ſuch perſons, and nominate others in their roomes, againſt whom there can be no juſt exception.
VVE deſire to know, whether your Lordſhips intend, thatLXXX. the Militia of the City of London ſhall be independent, and not ſubordinate to thoſe Commiſſioners in whoſe hands the Forces by Sea and Land ſhall be entruſted.
IT appeares by the Propoſitions concerning the Milisia of theLXXXI. City of London, that the ſame is to be ordered in ſuch manner as ſhall be agreed on, and appoynted by both Houſes of Parliament.
VVE deſire an anſwer to our Paper concerning the MilitiaLXXXII. of the City of London, whether the ſame ſhall be56 ſubordinate to the Commiſſioners in whoſe hands the Forces, by Sea and Land, are to be intruſted; your Lordſhips Anſwer, that the ſame is to be ordered in ſuch manner as ſhall be agreed on, and appoynted by both Houſes of Parliament (which yet doth not appeare by the Propoſitions) being no anſwer to the queſtion.
HAving with great diligence peruſed your Lordſhips Paper,LXXXIII. concerning the Militia, and being very deſirous to come to as ſpeedy a concluſion in that Argument as we can; We will be ready ▪ to morrow, to give your Lordſhips our full Anſwer, which we are confident will give your Lordſhips fatisfaction concerning the matter of the Militia of this Kingdome.
TO ſuppreſſe any Forces that may be raiſed to the diſturbanceLXXXIV. of the publique Peace of the Kingdom, or that ſhall invade this Kingdome, & to preſerve the Peace now to be ſetled, and to prevent all diſturbances of the publique Peace, that may ariſe by occaſion of the late Troubles; And that His Majeſty and all His People may be ſecured from the Iealouſies and apprehenſions they may have of danger; We do conſent, that all the Forces of the Kingdome, both by Sea and Land, ſhall be put into the hands of Perſons of knowne faithfulneſſe to the Religion and Peace of the Kingdome, in ſuch manner, and for ſuch time, as is hereafter mentioned.
That the number of thoſe perſons be Twenty; or if that be not accepted by your Lordſhips, ſuch greater or leſſer number, as ſhall be agreed upon between us; And that His Majeſty may name halfe the perſons to be ſo entruſted, and the two Houſes the other halfe.
65That ſuch Forts and Townes, in which Garriſons have been before theſe Troubles, and ſuch other as ſhall be agreed upon between us to be neceſſary for a time to be kept as Garriſons, ſhall be entruſted likewiſe to perſons to be choſen by the Commiſſioners, or the major part of them, to be ſubordinate to the ſaid Commiſſioners, and to receive orders from them, and no others; And all other places, which have been Fortifyed ſince the beginning of theſe Troubles, ſhall be left as they were before, and the Fortifications and Works ſlighted and demoliſhed; And all Forces with all poſſible expedition to be disbanded, that the Kingdome may be eaſed of that intolerable burthen.
That an Act of Parliament ſhall be paſſed for the raiſing of ſuch Moneys, for the maintenance of the Navy and Sea-Forces, as His Majeſty and both Houſes ſhall think fit.
That when any of the ſaid Commiſſioners ſhall dye, who was nominated by His Majeſty, His Majeſty ſhall name another; And when any ſhall dye of thoſe named by the two Houſes, another ſhall be choſen by them, and in the intervalls of Parliament by the major part of the ſaid Commiſſioners named by the two Houſes, and neither the one or the other to be removed but by the joynt conſent of His Majeſty and both Houſes, except it ſhall be deſired by your Lordſhips, that His Majeſty and the two Houſes reſpectively may remove the reſpective perſons named by them, as often as they ſhall ſee occaſion, to which (if it ſhall be inſiſted on) we ſhall conſent.
Theſe Commiſſioners, or the major part of them, or ſuch other number of them as ſhall be agreed upon, ſhall have power by Act of Parliament, to ſuppreſſe any Forces raiſed ſitting a Parliament, without the joynt conſent of His Majeſty and both Houſes of Parliament; or in the intervalls of Parliament without conſent of the ſaid Commiſſioners, or the major part of them, to the diſturbance of the publique Peace of the Kingdom, and to ſuppreſſe any Forces that ſhall invade the Kingdome. And it ſhall be High Treaſon in any who ſhall leavy any Forces, without ſuch authority or conſent, to the diſturbance of the publique Peace.
That they ſhall have like power to preſerve the Peace now58 to be ſetled, and to prevent all diſturbances of the publique Peace, that may ariſe by occaſion of the late Troubles; And if any Forces ſhall be brought into the Kingdom, without the joynt conſent of the King and the two Houſes of Parliament, it ſhall be lawfull for any foure of the ſaid Commiſſioners to leavy Forces for the ſuppreſſing, reſiſting and deſtroying of the ſaid Forces ſo brought in.
We are content that this power to ſuch Perſons ſhall continue for the ſpace of three yeares, which we doubt not, but by the bleſſing of God, will be abundantly ſufficient to ſecure all perſons from their doubts and Feares, and in which time ſuch a mutuall confidence may be begot betwixt His Majeſty and all His People, that the peace will be firme and laſting.
That the Commiſſioners, before their entrance upon the ſaid Truſt, ſhall take an Oath for the due execution of the ſaid Commiſſion, and that after the expiration of the ſaid terme of three yeares, from the time of the iſſuing the ſaid Commiſſion, they ſhall not preſume to continue any execution of the ſaid authority, and it ſhall be high Treaſon in any of them to execute the ſaid authority after the expiration of the ſaid three yeares. And all the Commanders in chiefe of the Garriſons, Forts, and His Majeſties Ships, ſhall likewiſe take an Oath for the due execution of their Truſt.
That the Commiſſioners ſhall have power to prevent the violation of the Articles of Peace, or any troubles ariſing in the Kingdome by breach of the ſaid Articles, and to heare and determine all differences that may occaſion the ſame.
We ſhall be willing that any juſt Priviledges and Immunities be granted by His Majeſty to the City of London, as being the chiefe City of this Kingdome, and the place His Majeſty deſires to Honour with his moſt uſuall and moſt conſtant Reſidence: But we conceive it too envious a thing, and may prove very prejudiciall to the happineſſe of that great City, to diſtinguiſh it in a matter of ſo high importance as the buſineſſe of the Militia, from the Authority that the whole Kingdome is to ſubmit to.
If your Lordſhips ſhall not conſent to the election of perſons,59 in that manner as we have propoſed, halfe by His Majeſty, and the other halfe by the two Houſes, we doe then propoſe to your Lordſhips, that the ſaid perſons who ſhall have the ſaid powers in manner and forme above mentioned, may be named by mutuall conſent upon debate between us; in which conſideration may be taken of the fitneſſe or unfitneſſe of thoſe who ſhall be named; And in caſe that any of them who ſhall be thus agreed upon, ſhall dye within the ſaid terme of three yeares, the ſurvivors, or the major part of them, ſhall nominate and chuſe another in his place who ſhall be deceaſed. This way we ſhould moſt have deſired, but in regard the conſideration of perſons may take up a long time in debate, which neither the time allotted for the Treaty, nor the preſent diſtractions will permit, we do propoſe the former as the moſt expedite and certain way, but leave the election to your Lordſhips.
And whatſoever ſhall be found deficient in the ſetling this according to the preſent agreement, or ſhall be thought fit to be added to it upon any inconveniencies or defects that ſhall be hereafter diſcovered, the ſame ſhall be mended or ſupplyed in ſuch manner as ſhall be thought reaſonable by the joynt conſent of His Majeſty, and the two Houſes of Parliament.
WE ſhall be ready againſt the time that the Militia is againLXXXV. in order to be Treated upon, to give your Lordſhips an anſwer to your demands, concerning the Militia of the Kingdom of Scotland; the which for the preſent we have not had time to do, having wholy ſpent theſe three dayes in the perfecting the paper delivered to your Lordſhips this day, and the debates in preparation thereof.
YOur Lordſhips paper which we have received ſo late at theLXXXVI. end of the third day, appointed to Treat upon the Militia, on68〈1 page duplicate〉69〈1 page duplicate〉68〈1 page duplicate〉69〈1 page duplicate〉68which we expected a ſatisfactory anſwer to our demands concerning it is very far differing from what we have propoſed, and unſatisfactory to our juſt and neceſſary deſires, for ſecuring the Peace of the Kingdoms, and wherein we cannot but obſerve, that the Kingdom of Scotland is wholy omitted. We do therefore inſiſt upon our paper formerly delivered concerning the Militia, and deſire your Lordſhips full and cleare anſwer, being ready by conference to remove all obiections, which may be made to the contrary.
WE conceive the paper delivered by us to your Lordſhips,LXXXVII. may juſtly ſatisfie your Lordſhips for the ſecureing the Peace of this Kingdome againſt all Forces that may any wayes endanger it at home, or from abroad, & for ſecuring the performance of all things that ſhall be agreed in this Treaty; and we are ready by Conference to make the reaſonablenes thereof appeare, and to receive any reaſons from your Lordſhips to the contrary. And as touching Scotland, we hope your Lordſhips will be ſatisfied by the laſt paper we delivered to you.
IN our laſt Paper we inſiſted upon our former demands for theLXXXVIII. Militia, and offered by Conference to ſatisfie your Lordſhips of the reaſonablenes of them, if any doubts remained with you to the contrary, which we are ſtill ready to doe, they being the proper ſubject of this part of the Treaty. And whereas your Lordſhips have in your Paper, referred what concernes the Kingdom of Scotland unto another time, and ſeemes to intend it a ſeverall anſwer; both Kingdoms being united in the ſame cauſe, and under the ſame danger, and mutually providing for the joynt ſafety, and ſecurity of both, and each other, our Propoſitions are joyntly made by both, and are inconſiſtent with a divided anſwer.
WHereas your Lordſhips have offered in your laſt paperLXXXIX. to ſatisfie us, by Conference, of the reaſonablenes of your demands, if any doubts remaine with us to the contrary: We deſire to receive ſatisfaction by Conference, that it is reaſonable for us to grant the nomination of the perſons by the two Houſes only, and that the time ought not to be limited.
AS we have given to your Lordſhips our Propoſitions, for theXC. Militia of both Kingdoms, in writing, ſo do we again deſire your Lordſhips full and clear anſwer to them both, in writing, and we are ready to anſwer any doubts you ſhall make upon them in order as we delivered them, and as they do relate to both Kingdoms, but we cannot Treat upon your Lordſhips anſwer which divides them.
The three firſt dayes, allotted for the Treaty upon the Militia, being ſpent, and that ſubject reſumed upon Fryday the 14, Saturday the 15, and Monday the 17 of February. In thoſe dayes diverſe Papers were delivered, and ſome debates had touching the nomination of the Perſons, who were to be entruſted with the Militia, whether they ſhould all be nominated by the two Houſes only; and touching the time, how long they ſhould have it, and whether the ſame ſhould be unlimited, as it was in the Propoſitions, or be limited to a certain time; as likewiſe concerning the Powers of the Engliſh, and Scottiſh Commiſſioners for the Militia, which are ſo intermingled in the Propoſitions, that it was not well underſtood upon the Propoſitions, how far the Commiſſioners of one Kingdome, and their power might extend unto, and have influence upon the other, & the one upon the Government of the other, and concerning ſome other paſſages having relation to the Militia; which would be intricate, if they ſh•uld be ſet downe in the order of time as they were delivered; and becauſe ſometimes diverſe62 papers were delivered together, therefore they are here placed according to their diſtinct matters. And firſt touching the nomination of Perſons, and limitation of the time.
IF your Lordſhips are not ſatisfied, with the**See no. 84. Papers deliveredXCI. to your Lordſhips by us on the 6. of February, concerning the Militia, as farre as the ſame concernes this Kingdome, we deſire according to your Lordſhips offer in your**See no. 86, & 88. firſt, and ſecond Paper delivered to us the ſixth of February, that your Lordſhips will ſatisfie us of the reaſonableneſſe of your demands, and that the nominating of the Perſons ought to be by the two Houſes only, and that the time ought not to be limited.
BY your Lordſhips Paper received this day, we apprehendXCII. your deſire to proceed in the Treaty, upon the Propoſitions for the Militia, as farre as the ſame concernes this Kingdome, without any mention of the Kingdom of Scotland. In anſwer whereunto, we referre your Lordſhips, to a former Paper of the 6. of February inſtant, whereby we deſired your full and clear anſwer to our Propoſitions for the Militia of both Kingdoms, in order as we have delivered them, and as they doe relate to both Kingdoms, and that we could not Treat upon your Lordſhips anſwer which divides them. We still inſiſt on that Paper, and when your Lordſhips ſhall be pleaſed to give an anſwer thereunto, we ſhall be ready to cleare any doubts which may remaine with your Lordſhips.
VVE doe deſire to proceed in the Treaty, upon the PropoſitionXCIII. for the Militia, as the ſame concernes both Kingdoms joyntly, as well as either of them ſeverally, neither is the contrary expreſſed (as we conceive) in the Paper delivered63 by us to your Lordſhips this day; But we cannot reaſonably Anſwer to them as they concerne one or both Kingdoms, before we receive ſatisfaction from your Lordſhips of the reaſonableneſſe of your demands, which your Lordſhips were pleaſed to promiſe us by two of your Papers of the ſixth of February, and which we againe deſire of your Lordſhips concerning the Perſons and the time, conceiving it unreaſonable, that all the Perſons ſhall be nominated only by the Houſes, and that the time ſhould be unlimited.
VVEE have formerly deſired your Lordſhips anſwer toXCIV. the Propoſitions for the Militia, in order as we delivered them, and as they doe relate to both Kingdoms, and not to give any Anſwer which ſhall divide them. Yet we obſerve in the matter of your Lordſhips**See the Paper intended, no. 105. third Paper yeſterday received, that you deſire ſatisfaction in the Particulars there mentioned, as the ſame concerne the Kingdome of England, only in purſuance of a former Paper given in by your Lordſhips the 6. of February. We therefore againe deſire as formerly, that ſuch anſwer as your Lordſhips ſhall think fit to make to our Propoſitions concerning the Militia, may be applied to both Kingdoms joyntly, and then we ſhall be ready by conference to cleare any Objections, which your Lordſhips ſhall make againſt the reaſonableneſſe of our demands.
WEE deſire that your Lordſhips will ſatisfy us of theXCV. reaſonableneſſe of your demands concerning the ſetling the Militia of both Kingdoms, and that the nominating of the Perſons ought to be by the two Houſes of Parliament, and the like for the Kingdom of Scotland, and that the time ought not to be limited.
YOur Lordſhips demand in your**The precedent Paper. 4th Paper being made concerningXCVI. the Militia of both Kingdoms, we are ready upon conference, to give ſatisfaction to what your Lordſhips ſhall object against the nominating of the Commiſſioners by the two Houſes of the Parliament of England, and the Eſtates of the Parliament of Scotland reſpectively, or againſt the time for which the Militia is demanded in the Propoſitions.
After ſome time ſpent in conference, for limiting the time, wherein the debate was, touching the unreaſonableneſſe of the demand, for taking from the King the Power of the Militia ▪ and ſetling it in Commiſſioners, to be nominated by the two Houſes, not limited to any time, The Kings Commiſſioners gave in this Paper.
WE deſire to know, whether your Lordſhips can, by yourXCVII. inſtructions, conſent to a limitation of time, in the ſetling the Militia, or whether you muſt inſiſt, that the time be unlimited.
IN Anſwer to your**The next precedent paper. ſixt Paper of the 15. of this inſtant,XCVIII. concerning the limitation of time, in the ſetling of the Militia, We doe inſiſt that the time be unlimited, according to our former demands.
AFter ſo long debate between us, concerning the limitationXCIX. of time, in the ſetling of the Militia, (in which we conceive your Lordſhips had been ſatisfied, that as it is no way neceſſary, for the ſecurity of the obſervation and performance of the preſent agreement, that the time ſhould be unlimited,73 ſo in reſpect of other conſiderations, it may be very miſchievous, that it ſhould be unlimited) we had great reaſon to deſire to know, whether your Lordſhips had any power by your Inſtructions, to conſent to a limitation of time, and are ſory that your Lordſhips will not give us an anſwer to that queſtion, that thereupon we might have endeavoured to have given your Lordſhips other ſatisfaction, then by not knowing your power therein, we are enabled to doe.
WE conceive that after ſo long a debate between us,C. your Lordſhips would have been ſatisfied, that it was most fit concerning the ſetling the Militia, for the time to be unlimited, as we have formerly deſired, and which by our Inſtructions we are to inſiſt upon.
WE deſire a full and cleer anſwer to what we have deliveredCI. to your Lordſhips concerning the Militia, and to know whether your Lordſhips be limited by any Inſtructions or Directions, what to grant or deny in the ſame, and that we may have a ſight of ſuch Inſtructions or Directions.
VVE doe**The paper after no 128. was delivered with this. herewith deliver to your Lordſhips, ſuch a full and cleere anſwer to your Propoſitions concernthe Militia, as we hope will give your Lordſhips ſatisfaction, being ſuch, as upon the conference and information we have received from your Lordſhips, ſeems to us to be moſt reaſonable.
It appeareth by our Commiſſion, whereof your Lordſhips have a Copy, that it hath not any reference to any Inſtructions. It is true, that as we have (according to our duty) from time to time acquainted His Majeſty with our proceedings, ſo in ſome74 particular caſes, we have deſired to be aſſiſted with His Majeſties opinion, but what anſwers we have therein received from His Majeſty, we conceive it not proper for us to communicate to your Lordſhips, nor have we any warrant ſo to doe.
VVE againe deſire of your Lordſhips, to know, whether youCIII. be limited by any Inſtructions, or Directions, what to grant or deny unto us, concerning the Militia, and that we may have a ſight of ſuch inſtructions or directions, and which we conceive, your Lordſhips in Juſtice and reaſon cannot deny, ſeeing by your Papers and debates, you inſiſted, that it was juſt and reaſonable for us to let you know, whether we had any power by our Inſtructions, to conſent to a limitation of time, which we did accordingly. And your Lordſhips 7th Paper this day delivered gives no anſwer or ſatisfaction to our former demand herein.
WE conceive it was juſt and reaſonable, for us to demandCIV. of your Lordſhips, whether you had power by your inſtructions to conſent to a limitation of time concerning the Militia, becauſe the time is left indefinite, and not expreſſed in the Propoſitions. And your Lordſhips Commiſſion, which gives you power to Treat, relating to inſtructions, they are thereby part of your power, and yet your Lordſhips to that our demand, have given no other anſwer, then, That by your inſtructions, you were to inſiſt, to have the time unlimited; but have not anſwered, whether you had power to conſent to a limitation of time. And we deſire your Lordſhips to remember, that formerly upon our deſire to ſee your inſtructions, that thereby we might ſee what power was granted to you, by your**See before no 16. Paper of the laſt of Ianuary, your Lordſhips did anſwer, it was that for which you had no warrant; and it appearing to your Lordſhips, that our Commiſſion hath no reference75 to inſtructions, we conceive that your Lordſhips cannot expect any other anſwer, then we have already given to your Lordſhips demand, touching any inſtructions or directions to us, what to deny, or conſent to grant in the Militia, aſſuring your Lordſhips, that we ſhall not deny, but willingly conſent, to grant whatſoever ſhall be therein requiſite for a full ſecurity, for obſerving the Articles of the Treaty, or otherwiſe agreeable to Iuſtice or reaſon.
VVE deſire to know, what authority the Commiſſioners,CV. nominated by the Eſtates of the Parliament of Scotland, are to have in the Militia of this Kingdom; and what influence, the Orders and advice, from the Eſtates of the Parliament there, ſhall have upon this Kingdom; and how farre the ſame is to be conſented, or ſubmitted to here.
YOur Lordſhips deſire, expreſſed in your ſecond Paper thisCVI. day, may be fully ſatisfied by the Propoſitions concerning the Militia, where the authority of the Commiſſioners to be nominated, is clearely expreſſed, both in caſes of ſeverall, and of joynt concernment, of the Kingdoms; And if upon peruſall thereof any doubts ſhall occurre to your Lordſhips, we are ready by conference to cleare the ſame.
VVE doe not conceive that the authority of the CommiſſionersCVII. of both Kingdoms, and in both Kingdoms, is cleerely expreſſed in your Lordſhips Propoſitions, and therefore76 we deſire to be informed, whether your Lordſhips intend that the Commiſsioners of Scotland ſhall have any power in the ſetling of all Forces by Sea and Land in this Kingdome, and what authority they ſhall have.
WE doe conceive, that the authority of the Commiſſioners ofCVIII. both Kingdomes, and in both Kingdomes, is clearly expreſſed in our Propoſitions: By which it doth appeare how they are to act as ſeverall or as joynt Commiſſioners. And if your Lordſhips ſhall propound any objections againſt our Propoſitions concerning the Mili•ia of both Kingdomes, we are ready upon conference to give your Lordſhips ſatisfaction.
VVE deſire to know, whether in that part of the Propoſition,CIX. wherein the Commiſſioners of both Kingdomes are appoynted to meet as a joynt Committee, and to receive Inſtructions in the intervalls of Parliament from the Commiſſioners for the preſervation of the publique Peace, your Lordſhips meane the Commiſſioners to be nominated according to theſe Propoſitions, or the**See the Printed Act. Commiſſioners intended by the Act of Pacification, or what other Commiſſioners; And what Iuriſdiction you intend the ſaid Commiſsioners of both Kingdomes ſhall have, by the power given them to heare and determine all differences that may occaſion the breach of the Articles of the Peace, according to the Treaty, and by what Law they ſhall proceed to heare and determine the ſame.
VVE intend that the Commiſſioners are to be nominatedCX. according to the Propoſitions, and are to proceed in ſuch manner as is therein expreſſed; and if your Lordſhips ſhall make any ob••ctions hereupon, we are ready by Conference to give you ſatisfaction.
FOr further anſwer to your Lordſhips ſecond Paper, we conceiveCXI. that the matter of the Juriſdiction to be exerciſed by the Commiſſioners, is expreſſed in the Propoſition, and for the manner of exerciſing that Iuriſdiction, and by what Law they ſhall proceed to heare and determine, the ſame are to be ſetled by the two Houſes of the Parliament of England, and the Eſtates of the Parliament of Scotland respectively.
WE deſire to receive a perfect and full anſwer from yourCXII. Lordſhips to our**See no. 107, & 109, & no. 105. firſt and ſecond Papers, delivered by us this morning to your Lordſhips, and whether your Lordſhips intend, that the Commiſſioners of Scotland ſhall have any power and authority in the ſetling of all Forces by Sea and Land in this Kingdom, and what authority they ſhall have; and whether the advice or orders of the Eſtates of the Parliament of Scotland, ſhall have any influence upon the affaires of this Kingdome, or the Commiſſioners to be named according to theſe Propoſitions, otherwiſe then as the ſaid advice or orders ſhall be approved, and confirmed by the two Houſes of Parliament of England; and what Iuriſdiction you intend the Commiſſioners ſhall have who are to determine all differences, that may occaſion the breach of the Articles of Peace; and by what Law or rule they ſhall proceed, trye, and Iudge, in the hearing & determining the ſame; And it is moſt neceſſary for us to deſire ſatisfaction from your Lordſhips to theſe particulars in writing, ſince the anſwer we ſhall give to your Lordſhips upon ſo much of your Propoſitions, will very much depend upon our cleare underſtanding your Lor•ſhips in theſe particulars, it being agreed between us, that nothing ſhall be binding, or taken as agreed upon, but what ſhall be in writing on either part.
WE conceive there is a full anſwer already given by us inCXIII.**See the papers intended, no. 92, & 106. ſeverall papers of the 14 of this inſtant, to the former parts of your paper, delivered in on the 15 day, and to the latter part, what Iuriſdiction the Commiſſioners ſhall have, who may determine all differences, that ſhall be by breach of the Articles of Peace, and by what Law and rule they ſhall proceed to heare and determine, the ſame is clearely ſet down in our**No. 111. further anſwer of the 15 of this inſtant, to your ſecond paper delivered in to us the day before.
VVE had great reaſon to deſire a perfect and full anſwerCXIIII. from your Lordſhips, to our firſt and ſecond Papers delivered by us to your Lordſhips on the 15 of Feb. and we deſire your Lordſhips to conſider how difficult a thing it is for us, to give your Lordſhips a ſatisfactory anſwer to your propoſitions, as they relate to either, or both Kingdoms, or to the power of the Commiſſioners of both Kingdoms, as they are to be a joynt Committee to heare and determine all differences, according to inſtructions from both Houſes of Parliament of England, or the Eſtates of the Parliament of Scotland, before your Lordſhips are pleaſed to informe us, whether you intend, the Commiſſioners of Scotland ſhall have any power or authority in the ſetling all Forces by Sea and Land in this Kingdome, and what authority they ſhall have; and whether the advice, inſtructions, or orders of the Eſtates of the Parliament of Scotland, ſhall have any influence upon the affaires of this Kingdom, or the Commiſſioners to be named according to thoſe Propoſitions, otherwiſe then as the ſaid advice, inſtructions, or orders ſhall be approved and confirmed by the two Houſes of Parliament of England; and what Iuriſdiction you intend the Commiſſioners ſhall have, who are to determine all differences that may occaſion the breach of the Articles of the Peace; and by what Law or rule they ſhall proceed, try, and Iudge, in the79 hearing and determining the ſame. In all which particulars we are very ſory that we can receive no anſwers from your Lordſhips, for want whereof we may faile in giving your Lordſhips ſo ſatisfactory anſwers to your Propoſitions, as otherwiſe we might be enabled to do.
IT is clearly expreſſed in our Propoſitions delivered to yourCXV. Lordſhips, that all Forces by Sea and Land in this Kingdome, are to be ſetled by the two Houſes of the Parliament of England, and in the Kingdom of Scotland, by the Eſtates of the Parliament there; and we conceive that the advice, inſtrustions, or orders of either Kingdome, are to have no influence upon the affaires of the other, but ſuch as is and ſhall be mutually agreed upon by the two Houſes of the Parliament of England, and the Eſtates of the Parliament of Scotland; And for the Juriſdiction of the Commiſſioners, and by what Law or rule they ſhall proceed, we have given your Lordſhips a full and cleare anſwer thereunto, in our 5**See before, no. 111. paper of the 15 of February.
IN the 12th Propoſition your Lordſhips deſire an Act to beCXVI. paſſed for confirmation of the late Treaty, for the ſetling of the Garriſon of Berwick of the 29 of Novemb. 1643. which relating to the buſineſſe of the Militia, we hold it neceſſary to ſee before we can make our full anſwer upon the whole, and deſire it accordingly of your Lordſhips.
AS for what concernes the Act for Confirmation of the lateCXVII. Treaty, and for ſetling the Garriſon of Berwick, It is not now to be Treated upon, but is reſerved to its proper time.
VVE deſire to know, whether by the joynt power mentionedCXVIII. in your Lordſhips Propoſitions, to be given to the Commiſſioners for both Kingdomes, to preſerve the Peace between the Kingdomes, and the King and every one of them, your Lordſhips doe intend any other then Military power for ſuppreſſing Forces o•ely, which is expreſſed after in a diſtinct clauſe by it ſelfe; And if your Lordſhips doe intend any further power, that your Lordſhips would declare the ſame in certainty and particular.
VVE conceive the power of the Commiſſioners, mentionedCXIX. in the 17th Propoſition, is there fully expreſſed to preſerve the Peace betwixt the Kingdomes, to prevent the violation of it, or any troubles ariſing in the Kingdoms by breach of the Articles, and to heare and determine all differences which may occaſion the ſame, according to the Treaty, and to raiſe Forces to reſiſt Forreigne Invaſion, and ſuppreſſe intestine Inſurrections, as is more at large ſet downe in the Propoſition, to which we referre your Lordſhips.
VVE deſire to know, whether the Commiſſioners ofCXX. both Kingdomes meeting as a joynt Committee, The Commiſſioners of each Kingdome ſhall have a Negative voyce, ſo as nothing can be done without their joynt conſent in matters of joynt concernment: And how, and by whom it ſhall be decided, what are caſes of joynt concernment to both Kingdomes.
IN all matters of joynt concernment, the Commiſſioners of bothCXXI. Kingdomes are to Act joyntly. And when they ſhall meet as a81 joynt Committee upon ſuch matters of joynt concernment, the Commiſſioners of each Kingdome are to have a Negative voyce; And in doubtfull caſes, not expreſſed in the 17th Propoſition, to be of joynt concernment, where the Commiſſioners cannot agree, whether or no they be of joynt concernment, they are to repreſent them to the two Houſes of Parliament of England, and the Eſtates of the Parliament of Scotland respectively, to be by them determined if they be ſitting, and in the intervalls of Parliament, if the caſes be ſuch as cannot without prejudice to both, or either Kingdome, admit of delay; we conceive the Commiſſioners of each Kingdome are to Act ſeverally, and to be accomptable for it to the two Houſes of Parliament of England, and the Eſtates of the Parliament of Scotland respectively, at their next ſitting.
WE deſire to know, whether by the Propoſitions for ſetlingCXXII. the Forces in Commiſſioners to be nominated by both Houſes of Parliament, ſuch as both Kingdomes may confide in, your Lordſhips do intend, That the Eſtates of the Parliament of Scotland ſhall approve or except againſt the Commiſſioners to be nominated for the Kingdome of England, both at preſent, and from time to time, as the Commiſſioners ſhall dye, or be removed, or altered.
VVE conceive it to be plaine by the Propoſition it ſelfe, thatCXXIII. the Commiſſioners of both Kingdomes are respectively to be nominated by the Parliaments of either Kingdome, and neither Parliament hath power to except againſt, or approve the perſons choſen by the other, and we are confident there will be no cauſe of exception, but who are choſen by either, will be ſuch as both may confide in.
WE deſire to know, whether your Lordſhips intend byCXXIV. T••Admiral•y is an of fice of Inheritance in Scotland, and ſetled by Act of Parilament. your propoſition concerning the ſetling of the Admiralty of Scotland by Act of Parliament, to alter the inheritance of any perſon, which is already ſetled by the Lawes of that Kingdom.
TO your Lordſhips fourth Paper of the 14 of Feb. it is anſwered,CXXV. that by our Propoſitions for ſetling the Admiralty of Scotland by Act of Parliament, it is intended that the Admiralty, and Forces at Sea &c. ſhall be ſetled in ſuch manner as the Eſtates of Parliament there ſhall think fitteſt, for the ſafety and ſecurity of that Kingdom. And as touching the inheritance of any perſon which is already ſetled, by the Lawes of that Kingdom, the Eſtates of Parliament will do that which is agreeable to Iuſtice.
VVE deſire to know, whether the Papers delivered to usCXXVI. touching the Militia, containe all your Lordſhips Propoſitions touching the Militia of England and Scotland: and if they do not, that your Lordſhips will deliver the reſt, that we may make our anſwers upon the whole.
VVHatſoever is contained in the Propoſitions concerning theCXXVII. Militia of England and Scotland, is delivered in to your Lordſhips, except the 23 Propoſition, and the laſt Article in the 26 Propoſition, which are reſerved for their proper place.
After all theſe paſſages, the King's Commiſſioners delivered83 in this Paper, in further anſwer to their Propoſitions concerning the Militia.
VVE had no purpoſe in our**No. 84. anſwer delivered by us toCXXVIII. your Lordſhips on the 6th day of February, to divide our anſwers concerning the Militia of the two Kingdoms, otherwiſe then in poynt of time, and till we might receive ſatisfaction from your Lordſhips, concerning the powers to be given to the Commiſſion•rs of both Kingdoms, and the other particulars mentioned in our Papers, ſince delivered to your Lordſhips, wherein we are not as yet ſatisfied by any Papers delivered by your Lordſhips to us. Our further anſwer to thoſe Propoſitions concerning the Militia is, that we are willing and doe agree, That the like courſe ſhall be taken and obſerved touching the Militia of the Kingdome of Scotland, as is offered in our ſaid paper of the 6th of February, and as ſhall be hereafter agreed on for the Kingdome of England, which we conceive to be a full ſecurity for the performance and obſervation of all Articles, which ſhall be agreed upon between us in order to a bleſſed Peace; which we are ſo deſirous may be punctually & exactly obſerved, That we are willing that His Maieſty be deſired to take a moſt ſolemne ſtrict Oath, for the full obſervation thereof; And likewiſe that all perſons of any immediate truſt, by office or attendance on His Maieſty, and any other whom you ſhall think fit, ſhall take ſuch Oath, for the due obſervance of the ſame, with ſuch reaſonable penalties as ſhall be propoſed by your Lordſhips, and agreed to by us; in which we beleive we ſhall not differ with your Lordſhips, being willing that whoſoever ſhall in the leaſt degree infringe the agreement which ſhall be made between us, may be looked upon and accounted, as moſt pernicious enemies to King and Kingdomes; And if it ſhall be thought neceſſary to make any additionall ſettlement of the Militia, with a generall reference to the good of the Kingdomes reſpectively, we deſire the ſame may be done after the Peace eſtabliſhed, by the joynt conſent of His Majeſty and the two Houſes of Parliament in England, and His Majeſty84 and the Eſtates of the Parliament of Scotland reſpectively; And as we ſhall deſire and endeavour to remove all occaſions that may interrupt the Peace and Tranquillity of that Kingdom, and a perfect amity with them, and ſhall not deſire any change off, or to intermeddle in their Lawes or Government, or give them cauſe to apprehend any diſturbance or violation of them from this Kingdome; ſo are we obliged with all tenderneſſe to preſerve the Honour, Dignity, and Conſtitution of this Realme. And therefore as we are yet ſatisfied, we cannot conſent that any perſons authorized by the Eſtates of the Parliament of Scotland, or any advice from thence, ſhall have any influence upon the Militia of this Kingdome, or further interpoſe in the affaires of this Kingdom, then is already provided by the Act of Pacification. And we offer to your Lordſhips conſiderations, whether unleſſe there could be an union of the Lawes of both Kingdoms, ſuch a mixture of power, as is now propoſed, and the influence thereof, both upon Martiall, and Civill affaires, may not prove very inconvenient and prejudiciall to both Kingdoms, and give cauſe of Iealouſies to each other, to the diſturbance of that mutuall Amity ſo much deſired; But if this intermingling of power in both Kingdoms, ſhall be further inſiſted on by your Lordſhips, we propound that the ſame may be ſetled, as (after a Peace eſtabliſhed) ſhall be agreed by the joynt conſent of His Majeſtie, and both Houſes of Parliament of England, and of His Majeſty, and the Eſtates of the Parliament of Scotland, and if your Lordſhips ſhall inſiſt on any thing further for neceſſary ſecurity, we ſhall apply our ſelves to the conſideration thereof, if we ſhall have further time ſo to do, according to our deſires grounded upon His Majeſties Letter.
WE do conceive that we have in our former Papers punctuallyCXXIX. ſatisfied your Lordſhips, in all you deſired to know, concerning the Powers of the Commiſſioners of both Kingdoms, and the other particulars mentioned by your Lordſhips; and what85 your Lordſhips now offer concerning the Militia of the Kingdome of Scotland, that the like courſe ſhalt be taken in it, as is expreſſed in your Lordſhips Paper of the 6th of Feb. to be obſerved for the Militia of this Kingdom; your Lordſhips may remember that in our anſwer to that paper, we told your Lordſhips it was differing from what we had propoſed, and unſatisfactory to our juſt and neceſſary deſires for ſecuring the Peace of the Kingdoms, and it cannot be expected that what was ſo then for the Kingdome of England, ſhould now be thought other for the Kingdom of Scotland. And though both Kingdoms be now united in the ſame cauſe, and labouring under the ſame dangers, and therefore neceſſitated to a mutuall and reciprocall aſſiſtance of each other, had propoſed a joynt remedy, and ſecurity by that Commiſſion deſired in our 17th Propoſition, we find your Lordſhips ſay, that (as yet you are ſatisfied) you cannot conſent unto it ▪ to which we anſwer, that we believed we had given your Lordſhips ſuch convincing reaſons as might have ſatisfied you, and we doubt not but they, may if you will recollect your memoryes concerning them, and rightly weigh them. This being the laſt day we are to Treat upon this ſubject, it cannot be expected, and as we conceive, it is altogether needleſſe to uſe any more Arguments; we do therefore deſire your Lordſhips will be pleaſed now at the laſt, to give us your full and poſitive anſwer to our demands, as we have often already preſſed your Lordſhips. And where as your Lordſhips do propound, that if we ſhall further inſiſt upon the uniting of the powers of both Kingdoms, it may be done after the Peace eſtabliſht, we deſire your Lordſhips to conſider that it is demanded by us in order to a Peace, and a chiefe and moſt neceſſary meanes for the attaining and eſtabliſhment of it. And we further obſerve, that your Lordſhips have given us no anſwer at all to our 15 Propoſition; which we do likewiſe inſiſt upon, and defire your anſwer.
IF your Lordſhips had punctually, or in any degree ſatisfiedCXXX. us in what we deſired to know concerning the powers of the Commiſſioners of both Kingdoms, & the other particulars86 mentioned by us, we had not troubled your Lordſhips with ſo many queſtions, to moſt of which we could receive no other Anſwers, then the referring us to the Propoſitions themſelves, upon which we grounded our queſtions. And we conc•ive that your Lordſhips Propoſitions upon the Militia, upon which you ſtill inſiſt, have in•ruth appeared upon debate to be moſt unreaſonable in many particulars; as that the perſons to be entruſted with the Militia, ſhould be nominated onely by the two Houſes, and that His Majeſty who is equally to be ſecured, that the Peace ſhould not be broken, ſhould name none; That the power given to the Commiſſioners, ſhall be framed and altered as occaſion ſerves by the two Houſes onely; And that His Majeſty, who is ſo much concerned therein, ſhall have no Negative Voyce, as to ſuch powers, but is abſolutely excluded, and that the time ſhould be unlimited: So that His Majeſty for himſelfe and his Poſterity ſhould for ever part with their peculiar Regall power of being able to reſiſt their Enemies, or protect their good Subjects, and with that undoubted and never denyed Right of the Crowne, to make Warre and Peace; And in no time to come, His Majeſty or His Poſterity ſhould have power to aſſiſt their Allies with any ſupplies of Men, though Volunteers, or ever more to have any Iuriſdiction ov•r their owne Navy or Fleet at Sea, and ſo conſequently muſt looſe all eſtimation and confidence with Forraigne Princes. And many other expreſſions in the ſaid Propoſitions, doe either ſignifie what we find your Lordſhips doe not expect, or inten•, or at leaſt are ſo doubtfull, that the cleare ſenſe thereof is not evident to all underſtandings; As by the literall ſenſe of your Propoſitions, neither the Sheriffes of Counties, or Iuſtices of Peace, and other legall Miniſters, may raiſe Forces by the Poſſe Comitatus, or otherwiſe to ſuppreſſe Riots, and remove forcible Entries, or to performe the other neceſſary duties of their places, without being liable to the interpretation of the Commiſſioners for the Militia, that ſuch Forces are raiſed, or Actions done, for the diſturbance of the publique Peace; As likewiſe all Civill Actions and differences may be comprehended within thoſe Propoſitions to be tryed before the ſaid Commiſſioners;87 neither of which we beleeve your Lordſhips intend ſhould be.
And therefore we have in our Anſwers propoſed, what we thought would be agreeable to the matter and end of thoſe Propoſitions, that i•, a reaſonable and full ſecurity, for the obſervation of the Articles of the Treaty, which according to what we have offered, cannot be broken on either part, without evident prejudice and danger, to that part, which ſhall endeavour the breaking thereof. And that the memory of theſe unhappy diſtractions may be forgotten as ſoon as may be, that the ti•e of this ſettlement may be limited to three yeares, which, by the bleſſing of God, will be ſufficient to beget a good underſtanding between His Majeſty and all His People. And that the fifteenth Propoſition, and all the other parts of your Lordſhips Propoſitions, being not at all neceſſary to the preſent union and Reconciliation, may be deferred till after the Peace eſtabliſhed, to be ſetled by Hi•Majeſty, and the two Houſes of Parliament in England, and His Majeſty, and the Eſtates of the Parliament in Scotland reſpectively. But if your Lordſhip ſhall not think this way of nomination of Perſons to be Commiſſioners, or the other propoſed likewiſe by us, in our Paper of the 6th of February, for the agreement of the Commiſſioners between your Lordſhips and us, to be equall; We ſhall gladly receive any more equall way from your Lordſhips, ſince it is apparant, that that already propoſed by your Lordſhips, and which you inſiſt upon in T•rminis, is not fit to be conſented to for the quiet and Peace of the Kingdom, preſuming that you will thinke the ſecurity ought to be mutuall, as the Feares and Iealouſies are mutuall. And we are moſt confident, that His Majeſty ſo much deſires to give all reaſonable and fit ſecurity on his part, that the agreement and Peace to be now made, ſhall be inviolably obſerved; That as he will name no man for this great Truſt, againſt whom there can be juſt exception, (if the perſons are named equally between him and you) ſo if the whole nomination were left to Him, He would pitch only upon ſuch as both Kingdoms migh•have great cauſe to confide in and we believe might give full ſatisfaction to your Lordſhips. And therefore we hope your Lordſhips will88 believe, that the reaſon we conſent not to your Propoſitions, is, becauſe we conceive them deſtructive to the end for which they are propoſed, Iuſtice, Peace, and Vnity; and not that we deny, to conſent to any reaſonable ſecurity, for obſervance of the agreement to be made, of which we will alwaies be moſt tender, with regard to all perſons concerned.
This was the laſt paper, delivered in the laſt of the ſix daies touching the Militia, but that being taken up againe, in ſome part of the two laſt daies of the Treaty, as thoſe of Religion and Ireland alſo were, their Commiſſioners upon their breaking up of the Treaty, about two of the clock in the morning after the 22th of February, gave in a Paper intended for an Anſwer to this Paper, which nevertheleſſe relates to the Paper here next following, delivered by them the 21. of February mentioning a limitation of time for ſeaven yeares, & for that cauſe is herein ſet downe after that Paper, and as their laſt of that ſubject; and the Papers upon that Subject, delivered in the mean time, in the two laſt daies, are theſe following.
WHereas your Lordſhips have in ſeverall Papers much inſiſted,CXXXI. that the Commiſſioners mentioned in the 17th Propoſition, ſhould be for a limited time, that your Lordſhips might better give a full Anſwer to our deſires concerning the Militia, though we conceive the Reaſons we have given, might have ſatisfied your Lordſhips for the time to be unlimited, yet to manifeſt our earneſt deſires of Peace, we propoſe to your Lordſhips, the time for the ſaid Commiſſioners, to be for ſeaven years, from the time of the paſſing the Act for the Militia. And that after the expiration of ſuch terme, the Militia of the Kingdom, to be ſetled and exerciſed in ſuch manner, as ſhall be agreed upon by His Majeſty, and the two Houſes of the Parliament of England, and by His Majeſty and the Eſtates of the Parliament of Scotland respectively, and not otherwiſe.
89At the ſame time the Scotch Commiſſioners, from themſelves a part, delivered in this Paper, ſigned by their own Secretary only, all the other Papers being ſigned by two Secretaries, for the Engliſh and Scotch Commiſſioners.
VVE the Commiſſioners of the Parliament of Scotland, doCXXXII. declare, that our conſent to the Paper given in this day concerning the limitation of the power of the Militia, in Commiſſioners according to the 17th Propoſition, to continue for ſeaven yeares, from the time of the paſſing of the Act for the Militia; and after the expiration of that terme, to be ſetled in ſuch manner as ſhall be agreed upon by His Majeſty, and the two Houſes of the Parliament of England, And by His Majeſty, and the Eſtates of the Parliament of Scotland reſpectively, and not otherwiſe, is to be underſtood as followeth; That we will repreſent the ſame to the Eſtates of the Parliament of Scotland, or their Committees, to which we are confident they will aſſent, as that which is conceived to conduce to a happy agreement, and ſetling of a firme and bleſſed Peace.
VVE have hitherto conceived, that this Treaty hathCXXXIII. been betwixt us that are appoynted Commiſſioners by His Majeſty, and your Lordſhips, the Commiſſioners from the two Houſes of the Parliament of England, and your Lordſhips the Commiſſioners of the Parliament of Scotland joyntly and not ſeverally: But finding that your Lordſhips, the Commiſsioners of the Parliament of Scotland, have delivered to us a diſtinct Paper, ſigned only by your Secretary, of the 20th of Febr. concerning the Militia, and that not concurring with the other joynt Paper, delivered and ſubſcribed by both your Secretaries upon that Subject that day; We deſire to know, whether the Commiſsioners of the Parliament of Scotland have a negative voyce, or have not power to conclude•, without farther power to be granted, from the Eſtates of the Parliament90 of Scotland, and expect in this Treaty to be ſeverally Treated with; and after your Lordſhips Anſwer to this paper, we ſhall be able to give your Lordſhips a farther Anſwer to your joynt Paper of the 20th of February.
THe Treaty is betwixt us that are the Commiſſioners of theCXXXIV. Parliaments of both Kingdoms joyntly, and not ſeverally; And your Lordſhips the Commiſſioners from His Majeſty, And the Commiſſioners of the Parliament of Scotland, did joyne with the Committees of the two Houſes of the Parliament of England, in giving in the other joynt Paper concerning the Militia delivered yeſterday, ſubſcribed by both Secretaries, but ſeeing it containes an alteration, limiting the time to ſeaven years, which in the former Propoſitions agreed to by both Parliaments is indefinite; They did declare, that they are confident, the Parliament of Scotland will aſſent thereto, and they have ſhewed your Lordſhips ſufficient power to conclude any thing by them agreed unto.
WE cannot reſt ſatisfied with your Lordſhips anſwer toCXXXV. our paper delivered to you this day, concerning your Lordſhips the Commiſsioners of the Parliament of Scotland, it being indeed; but a repetition of your Lordſhips paper, and no anſwer to ours thereupon; and it being very neceſſary for us to know, whether the Commiſsioners of the Parliament of Scotland have a negative voyce, and whether they have not power to conclude, without farther powers to be granted from the Eſtates of the Parliament of Scotland, upon the anſwer to which, we muſt the rather inſiſt, becauſe your Lordſhips laſt paper, gives the reaſon of the diſtinct paper delivered to us, from the Commiſsioners of the Parliament of Scotland to be, becauſe the limitation of time now offered, differs from the Propoſitions agreed on by both Parliaments, in which the time is indefinite, which ſeems to us to intimate, that your91 Lordſhips, who are the Commiſsioners from the Parliament of Scotland, have not power to conſent to any alteration from the ſaid Propoſition, without firſt acquainting the Parliament of Scotland, although the other joynt paper, delivered upon that Subject, be ſigned by both your Secretaries; and thereby it is evident, that it much concernes us to know, whether the ſaid Commiſsioners have a negative voyce in this Treaty. For the matter of your Lordſhips paper concerning the limitation of time for the Militia to ſeaven years, it is not poſsible, by reaſon of this ſhortneſſe of time for the Treaty (it being tenne of the clock this night when your paper was delivered) to give your Lordſhips a full anſwer, it being neceſſary for us to receive ſatisfaction from your Lordſhips in writing, or by conference, whether by the words, And not otherwiſe, your Lordſhips intend, that after the expiration of the time limited, His Majeſty ſhall not exerciſe the legall power, which he now hath over the Militia, before the ſame be agreed upon, by His Majeſty and the two Houſes of the Parliament of England, and by His Majeſty, and the Eſtates of the Parliament of Scotland reſpectively, for which reſolution and debate, we heartily wiſh the time were ſufficient, being very willing to give your Lordſhips all reaſonable ſatisfaction. And therefore we doe propoſe to your Lordſhips, that if the Treaty may not now continue, it may be adjourned for ſuch time as you ſhall think fit, and not totally diſſolved, but againe reſumed, which we propoſe as the beſt expedient now left us for the procuring of a bleſſed Peace, and by it, the preſervation of this now miſerable Kingdome from utter ruine and deſolation.
After this, about two of the clock the next morning, they gave this paper following, which is here mentioned, to be delivered upon their breaking up the Treaty, and intended for an Anſwer to the paper of the 17th of February, no 129.
WEE conceive, if your Lordſhips would weigh our DemandsCXXXVI. concerning the power of the Commiſſioners of92 both Kingdomes, you will be ſatisfied with our Anſwers to your ſeverall Questions; where any doubts were of the expreſſions we did explaine them, and where the Propoſitions were ſo cleare, as they could beare no doubtfull ſenſe, we did referre your Lordſhips to the Propoſitions themſelves. And we conceive our Demands concerning the Militia, to be moſt reaſonable, and all objections made againſt them to be by us removed; And why your Lordſhips ſhould inſiſt that the Commiſſioners ſhould not be nominated by the two Houſes onely, and His Majeſty, who is to be equally ſecured, ſhould name none, we much marvaile at, when you may well conſider this power was not to be exerciſed by the Commiſſioners, untill a Peace had been concluded upon this Treaty, and then His Majeſty had been fully ſecured by the Lawes of the Kingdome, and by the duties and affections of His Subjects, neither could the Commiſſioners doe any thing in violation of the Peace, to the prejudice of His Majeſty, contrary to the Truſt repoſed in them, they having a rule preſcribed which they were not to tranſgreſſe, and being removeable by both Houſes of the Parliament of England, and the Eſtates of the Parliament of Scotland respectively, and being liable for any miſcarriage to ſevere puniſhment. And as for their ſecurity who have been with His Majeſty in this Warre, an Act of Oblivion is deſired to be paſſed, whereby all His Majeſties Subjects in both Kingdomes would have been put in one and the ſame condition, and under the ſame protection, with ſome exceptions mentioned in thoſe Propoſitions; And if the Commiſſioners had been ſeverally choſen, the memory of theſe unnaturall Diviſions muſt needs have been continued, and probably being ſeverally named, would have acted dividedly according to ſeverall intereſts, and the Warre thereby might be more eaſily revived: whereas the ſcope of the Propoſitions we have tendered, was to take away occaſions of future differences, to prevent the raiſing of Armes, and to ſettle a firme and durable Peace. And to your Lordſhips objections, that the Commiſſioners were to continue without any limitation of time, although the reaſonableneſſe thereof hath been ſufficiently manifeſted to your Lordſhips, yet out of moſt earneſt deſires of Peace, we have propoſed to your Lordſhips a time of ſeven yeares, as is expreſſed in our Paper delivered to your Lordſhips the 21th of this inſtant.
93And for the peculiar Royall Power which your Lordſhips mention to reſide in His Majeſty concerning the Militia, and to make Peace and Warre, we cannot admit thereof, or that it is otherwiſe exerciſed then by authority from His Majeſty and both Houſes of Parliament of England, and the Eſtates of the Parliament of Scotland respectively; Neither are the Commiſſioners to have power to make Peace or Warre, but that is referred to the 23d Propoſition to be Treated upon in due time.
And for the Navy and Fleet at Sea, the principall meanes to maintaine them, is, to be raiſed by the free guift of the Subjects out of Tonnage and Poundage, and other payments upon Merchandiſe, and the Navy and Fleet being a principall meanes of our ſecurity, the reaſons are the ſame for them as for the Militia by Land.
And for what your Lordſhips alleadge concerning Sheriffes, and Juſtices of Peace, and other legall Miniſters, not to raiſe the Poſſe Comitatus, or Forces to ſuppreſſe Riots, without being liable to the interpretation of the Commiſſioners; we ſay this is no part of the Militia to be exerciſed by the Commiſſioners, but in executing of Justice and legall Proceſſe, nor can be intended to be any diſturbance, but for the preſervation of the Peace; Nor can their power of hearing and determining Civill Actions and differences be extended further then preſervation of the Articles of the Peace to be made, and as is clearly and plainly expreſt in the 27th Propoſition.
And whereas we ſeek the Militia to be ſetled in the 15th Propoſition, and the other parts of our Propoſitions in order to, and for procuring of a Peace, and which are neceſſary to a preſent Ʋnion, your Lordſhips deferre them untill the Peace ſhall be eſtabliſhed, which delay we hope, upon ſecond thoughts, your Lordſhips will not judge to be reaſonable.
And when your Lordſhips doe take into ſerious conſideration, the great Calamities, and how occaſioned, (to ſay no more) you cannot thinke, but that we ought to be moſt carefull of preventing the like for the future.
And ſeeing all we deſire for theſe ſo important ends, is limited to a few yeares, we ought to inſiſt upon ſuch a remedy as may be a94 fitting cure, and in ſo doing, we hope we ſhall be juſtified before God and Man.
Wherefore we againe moſt earneſtly deſire your Lordſhips, as you tender the deplorable Eſtates of theſe bleeding Kingdomes, the ſetling of Religion, the Honour of His Majeſty, and the compoſing theſe miſerable Diſtractions, that your Lordſhips will give your full and cleare Anſwer to our Demands concerning the Militia.
This laſt Paper was delivered about two of the clock, when the Treaty was at that inſtant breaking up, and at the ſame time the King's Commiſſioners had (upon the like occaſion of two Papers of theirs, given in a little before, concerning Ireland hereafter mentioned) delivered in a Paper, No. 179. that they might give anſwer thereto the next day, dated as of that day, as had been formerly uſed, which was not granted; ſo that in Anſwer to this Paper ſo earneſty requiring an Anſwer in the Cloſe thereof; It was impoſſible to give in any Paper at the preſent, neither would any be received, but at preſent.
95After the firſt ſix dayes of the Treaty, ſpent upon Religion, and the Militia, according to the ſame order formerly propoſed, the Propoſitions concerning Ireland, were•ext Treated upon, the three dayes followi•g, beginning the 7th of February; and the ſame was alſo taken up againe the 18th of February, for other three dayes.
WE deſire that an Act of Parliament be paſſed to makeCXXXVI. void the Ceſſation of Ireland, and all Treaties with the Rebells without conſent of both Houſes of Parliament, and to ſettle the proſecution of the War of Ireland, in both Houſes of the Parliament of England, to be managed by the joynt advice of both Kingdoms, and His Maieſtie to aſſiſt, and to doe no act to diſcountenance, or moleſt them therein.
WE deſire to know, whether the Paper we have receivedCXXXVII. from your Lordſhips, containe in it all the demands your Lordſhips are required by your Inſtructions to inſiſt upon concerning Ireland, which if it doth, we are ready to enter upon that debate, but if it do not, we then deſire to receive all the Propoſitions your Lordſhips intend to make concerning Ireland together, being confident that upon a whole view of the buſines, we ſhall give you full ſatisfaction in that Argument.
WE are to inſiſt upon other things concerning Ireland, whichCXXXVIII. being part of other Propoſitions, we conceive not ſo proper to give your Lordſhips, till we have received your anſwer, to our paper formerly delivered, and are ready by preſent conference, to ſatisfie any doubts that remain with your Lordſhips concerning that paper.
Notwithſtanding they delivered in theſe further papers, and Propoſitions following.
VVE deſire, that an Act be paſſed in the Parliament of bothCXXXIX. Kingdoms reſpectively, to confirme the Treaty concerning Ireland of the 6th of Auguſt 1642. (which Treaty we herewith deliver) and that all Perſons who have had any hand in plotting, deſigning, or aſſiſting the Rebellion of Ireland, may expect no pardon, and their eſtates to pay publike debts and damages. And that the Commiſſioners to be nominated as is appointed in the 17 Propoſition, may order the War of Ireland, according to the Ordinance of the 11th of April, 1644. (which we herewith deliver) and to order the Militia, and to conſerve the Peace of the Kingdom of Ireland.
And that by Act of Parliament, the Deputy, or cheife Governour, or other Governours of Ireland, be nominated by both Houſes of the Parliament of England, or in the intervalls of Parliament, by the ſaid Commiſſioners, to continue during the pleaſure of the ſaid Houſes; or in the intervalls of Parliament during the pleaſure of the ſaid Commiſſioners to be approved, or diſallowed by both Houſes at their next Sitting; And that the Iudges of both Benches, and of the Exchequer in Ireland, be nominated by both Houſes of Parliament, to continue Quàm diu bene ſe geſſerint, and in the intervalls of Parliament, by the aforeſaid Commiſſioners to be approved, or diſallowed by both Houſes at their next ſitting.
97Together with theſe laſt Propoſitions, they delivered the Treaty of the ſixt of Auguſt 1644, and the Ordinance of the 11th of April therein mentioned, together with another of the 9th of March; which ſee in the Appendix, no 7. and 8.
VVE deſire to know what your Lordſhips intend, or expect,CXL. by thoſe words in your**No. 136. firſt paper concerning Ireland, [and His Maieſty to aſſiſt] ſince you propoſe to have the proſecution of the War of Ireland, to be ſetled in both Houſes of the Parliament of England, to be managed by the joynt advice of both Kingdoms.
BY the words in our paper concerning Ireland [and His MajeſtyCXLI. to aſſiſt] we conceive is to be underſtood, the giving of His Royall aſſent to ſuch Acts of Parliament, as ſhall be preſented unto Him by both Houſes, for raiſing of monyes from the Subiect, and for other things neceſſary to the proſecution of the War in Ireland, and to be further ayding by His Power and countenance, in whatſoever ſhall be requiſite for the better carrying on of that War.
VVE conceive that His Majeſtie had, and hath power, toCXLII. make a Ceſſation in Ireland, and having upon juſt grounds, and for the good and ſafety of His Proteſtant Subjects there, and for the preſervation of that whole Kingdom, conſented to ſuch a Ceſſation, we deſire to be informed by your Lordſhips, how that Ceſſation can be declared voyd, without a breach of Faith and honour in His Majeſtie? and we are ready by conference particularly to inform your Lordſhips, of the motives which induced His Majeſtie to conſent to that Ceſſation.
VVE conceive that His Maieſtie had not power to make theCXLIII. Ceſſation in Ireland, nor had any iuſt grounds to doe the ſame, and therefore we inſiſt, as in our former paper, That an Act of Parliament be paſſed to make voy'd the Ceſſation of Ireland; and conceive that His Maieſtie is bound in honour and iuſtice to conſent unto the ſame, and we are ready to conferre with your Lordſhips as is deſired, and to receive your Lordſhips full anſwer to this, & the other particulars, expreſſed in our paper concerning Ireland.
After long debates in conference, which ſpent the greateſt part of the day, touching the motives of that Ceſſation, and the King's power to make it, His Majeſties Commiſſioners delivered in this paper;
WE have received no ſatisfaction, or information in yourCXLIV. Lordſhips debate, to alter our opinion•of His Majeſties power, to make the Ceſſation in Ireland; and having carefully produced and conſidered the Statute alleadged by your Lordſhips, we cannot find any particular clauſe in that Statute, neither have your Lordſhips mentioned any, (though often deſired by us ſo to do) whereby His Majeſties power to make a Ceſſation there is taken away; and therefore we are ſtill of opinion, that His Majeſty had full power to make and conſent to that Ceſſation; and we conceive that we have given your Lordſhips an account of very juſt grounds to induce His Majeſtie to do the ſame, it appearing to His Maieſtie by the Letters and advice from the Lords Iuſtices, and Councell of that Kingdom, and of the Officers of His Maieſties Army there (which we have read to your Lordſhips, and of which Letters and advices we now give**Copies of the Letters and advices, were accordingly delivered. Copies to your Lordſhips) that His Maieſties good Proteſtant Subiects of that Kingdom, were in imminent danger to be Over-runne by the Rebels, and His Army to be disbanded for want of neceſſary ſupplies, and that there was no ſuch probable way for their preſervation, as by making a Ceſſation; neither have your Lordſhips given us any ſatisfying reaſons againſt99 the making the ſaid Ceſſation, or made it appeare to us, that that Kingdom could have bin preſerved without a Ceſſation, and therefore we cannot apprehend how His Maieſty can, with Iuſtice and honour, declare the ſame to be voyd.
We ſhall be ready, againſt the next time aſſigned for the Treaty touching Ireland, to give your Lordſhips a further anſwer to your Propoſitions concerning that Argument, the Treaty concerning Ireland of the 6th of Auguſt, 1642. and the Ordinance of the 11th of April, 1644. (which we did never ſee till your Lordſhips delivered us Copies of them) making ſo great an alteration in the Government there, that we cannot be prepared for the preſent to make a full anſwer to thoſe Propoſitions.
IT is very contrary to our expectation to find your Lordſhips unſatisfied,CXLV. after thoſe Arguments and Reaſons alleadged by us, that His Maieſtie had not power to make the Ceſſation with the Rebels in Ireland, and that upon the peruſall of the Statute, it appeares not to you, that His Maieſtie had no power to make that Ceſſation; it is ſtrange to us your Lordſhips ſhould forget all the other Arguments uſed by us from the Common-Law, from other proceedings in Parliament, and circumſtances as this caſe ſtands, on which we ſtill inſiſt, and do affirme, that His Maieſtie had no power to make or conſent to that Ceſſation; we do not ſee any iuſt grounds in the Copies of the Letters, given us by your Lordſhips, for His Maieſties aſſenting to the Ceſſation, nor do we know by whom thoſe Letters were written; we are therefore ſtill clearely of Opinion, notwithſtanding all your Lordſhips have alleadged, that it was unfit for His Maieſtie to agree unto that Ceſſation, being deſtructive to His good Subiects, and to the Proteſtant Religion there, and only for the advantage of the Popiſh Rebels, to the high diſhonour of God, the Diſſervice of His Maieſtie, and evident preiudice of His three Kingdoms. We therefore again deſire your Lordſhips full anſwer to what we have delivered to you concerning Ireland.
WE have given your Lordſhips our reaſons, why we areCXLVI. not ſatisfied with your Arguments, that His Majeſty had not power to make the Ceſſation; and as upon the peruſall of the Statute, we can find no ground for that Opinion, ſo your Lordſhips in your whole debate, have not inſiſted or mentioned one Clauſe in that Statute (though often deſired) which makesSee the l•te Statute concerning the Adventurers for Ir•ſh Lands. it good, neither have your Lordſhips given us any Argument from the Common-Law, other, then by telling us, That it is againſt the Common-Law, becauſe the private Intereſt of the Subſcribers for Money was concerned in it; to which we give this Anſwer, That their Intereſt was Conditionall, upon payment of their Moneys for the maintenance of the Warre, which was not performed; And that if they had paid their Moneys, yet this Ceſſation was rather for the advance of that Intereſt, there being (as it appeares by the**See the Letters and advices in the Appendix. no. 9. Papers) no other viſible meanes of preſervation of the Army in Ireland, and that the Statute which gave that private Intereſt, doth not take away the Kings Power of making a Ceſſation; and we conceive that Argument of Intereſt was waved: But it your Lordſhips ſhall inſiſt upon it, we againe deſire, as we did formerly, That a Caſe may be made of it, and that the debate may be againe reſumed. Neither doe we know that any Argument was uſed by your Lordſhips from the proceedings in Parliament; And if you ſhall give any, we ſhall be ready to Anſwer it: And we conceive, that the advice given to His Majeſty, from the Lords Iuſtices and Councell of Ireland, and the Teſtimony of the Officers of the Army, expreſſing the miſerable condition of that Kingdome, and inability to beare the Warre, ſhould appeare to your Lordſhips to be juſt grounds, for His Majeſties aſſenting to the Ceſſation. One of the Letters delivered by us to your Lordſhips, bearing date the fourth of April, 1643. was ſent by the Lords Iuſtices and Councell of Ireland, to Mr Secretary Nicholas, in which was incloſed their Letter to the Speaker of the Houſe of Commons, of which your Lordſhips have likewiſe an Extract, and a Remonſtrance of the Officers of the Army to the101 Lords Iuſtices and Councell there; and the other Letter of the fifth of May, 1643. to His Majeſty, was from the Lords Iuſtices and Councell of that Kingdome: All which (if your Lordſhips pleaſe) ſhall be examined by you with the Originalls; And we are therefore of opinion, that our Anſwer formerly delivered, is a good Anſwer to the point of Ceſſation in queſtion. And that it was not unfit for His Maieſty to agree to that Ceſſation, nor deſtructive to the Proteſtant Religion, nor for the advantage of the Popiſh Rebells: but much for the advantage of the Proteſtant Subjects there, who were in apparent hazard of deſtruction by Force and Famine, occaſioned by the want of Supplies, which had been promiſed to them, as we have formerly ſaid. And we ſhall give yout Lordſhips a further Anſwer to your other Propoſitions concerning Ireland, when the time comes againe for that Debate.
Here ended the firſt three dayes of the Treaty concerning Ireland, and the night before the return of the next three dayes, their Commiſſioners delivered this Paper.
VVE conceived that the Arguments uſed by us, that HisCXLVII. Maieſty neither had, or hath power to make the Ceſſation with the Rebells of Ireland, might have fully ſatisfied your Lordſhips, and if any doubts yetremaine, we are ready by Conference to cleare them. Your Lordſhips may well call to minde the ſeverall Clauſes we inſiſted upon in the Statute, and the Arguments we have given from the Common-Law, and other proceedings in Parliament; And we doe affirme that ſeverall great Summes of Money were paid by particular Perſons, and by Corporations, who according to the true intent of the Statute, ought to have the benefit of the ſame, according to divers other Acts of Parliament in purſuance thereof; and upon failer of payment by any particular Perſons, the forfeiture was to accrew to the Common benefit of the reſt, not failing; And we doe deny that the Argument of Intereſt was at all waved by us. And we conceive thoſe wants alleadged by your Lordſhips (if any ſuch were) in iuſtifying102 the Ceſſation, were ſupplied from time to time by the Houſes of Parliament, untill His Maieſties Forces were ſo Quartered in and about the common Roades to Ireland, that Proviſions going thither were intercepted, and neither Money, Clothes, Victualls, or other things could paſſe by Land, with ſafety to be tranſported. And when that both Houſes of Parliament were deſirous further to ſupply thoſe Wants, and for that purpoſe did tender a Bill to His Majeſty, It was refuſed. And we ſtill alleadge that we have no reaſon to be ſatisfied concerning the Ceſſation by any Arguments uſed by your Lordſhips, or by any thing contained in the Extracts of the Letters and Papers delivered to us by your Lordſhips, as from the Lords Juſtices and Councell of Ireland, and the Officers of the Army, nor (though deſired by us) have your Lordſhips afforded us Liberty to compare thoſe Extracts with the Originalls, whereby we might have the names of the Perſons by whom they were written, which we now againe deſire. We are therefore ſtill clearly of Opinion as is expreſſed in our former Paper of the 10th of February, concerning the Ceſſation, and doe deſire your Lordſhips full Anſwer to our Demands concerning Ireland.
VVE did not conceive that your Lordſhips had beleevedCXLVIII. that any Arguments uſed by you could ſatisfie us againſt His Majeſties Power to make a Ceſſation with the Rebell•in Ireland, which appeares to have been made by Him, by the Advice of his Councell there, and for the preſervation of His Majeſties Proteſtant Subjects of that Kingdome, who in all probability would have periſhed by Famine and the Sword, if that Ceſſation had not been made; And we ſhall be very ready to receive farther Information from your Lordſhips by Conference, or otherwiſe, in that particular, either concerning any Clauſes in the Statute, or Arguments at Common-Law, or proceedings of Parliament (your Lordſhips having never mentioned the one, or made any Caſe upon the other) upon which you intend to inſiſt. And for the ſeverall great Summes of103 Money that were paid by particular Perſons and Corporations, upon that Statute mentioned by your Lordſhips, we are ſorry that we are compelled by your Lordſhips inſiſting thereon, to informe your Lordſhips, that His Majeſty had cleare information, that not only much of the money raiſed by the Act for the 400 thouſand pound, which was paſſed, for the better ſuppreſſing that moſt wicked and execrable Rebellion in Ireland, and for the payment of the debts of this Kingdom, but alſo of the Mony raiſed by the Statute (on which your Lordſhips inſiſt) for the ſpeedy and effectuall reducing of the Rebels of Ireland, &c. and other moneys raiſed by Contribution and Loane, for the reliefe of His Majeſties diſtreſſed Subjects of that Kingdom, were expended, contrary to the intent of the Acts by which the ſame were levied, and of the Perſons who lent and contributed the ſame, towards the maintenance of the Forces in this Kingdom, under the Command of the Earle of Eſſex; And that many Regiments of Horſe and Foot, leavied for the Warre of Ireland, under the command of the Lord Wharton, the Lord Kerry, Sir Faithfull Forteſcue, and others, were likewiſe imployed in that Army under the Earle of Eſſex at Edge-Hill, and therefore His Majeſty refuſed to conſent to the Bill, preſented to His Majeſty after this, for the Levying more mony for Ireland, juſtly fearing, that the ſame might be uſed, as the former had been; And for the few cloathes (for there were no Moneys) intercepted by His Majeſties Souldiers, in His Maieſties Quarters, which are ſaid to be intended for Ireland, the ſame were intercepted neere Coventrey, and going thither, after that City had refuſed to receive His Maieſty, though at the Gates. But His Maieſty never refuſed to give any ſafe Paſſe through His Quarters, for any Goods or Proviſions which were intended or prepared for Ireland, neither was the ſame ever deſired. For the extracts and Copies of the Letters delivered by us to your Lordſhips, from the Lords Iuſtices and Councell of Ireland, and the Officers of the Army, We have been, and are willing that your Lordſhips ſhould compare them with the Originalls; But for your having the names of the Perſons who writ the ſame (ſince104 there can be no doubt of the truth of our Aſſertions) we conceive it not reaſonable to deſire the ſame, not knowing what inconvenience any of them (ſince you ſeem not to like that advice) might incurre, if at any time they ſhould be found within your Quarters. And having now ſatisfied your Lordſhips in the Matter of the Ceſſation, we ſhall gladly proceed in the Treaty with your Lordſhips, upon any thing that may be apparently good for His Maieſties Proteſtant Subiects there, and the reſetling of that Kingdom in His Maieſties Obedience.
WE doe conceive, that the Arguments uſed by us, mightCXLIX. have fully ſatisfied your Lordſhips, againſt His Majesties power to make a Ceſſation with the Rebells in Ireland, having anſwered whatſoever your Lordſhips have hitherto alleadged to the contrary; and Offered, if any other doubts yet remaine, by conference to cleare them, which ſtill we are ready to doe; And we have heard nothing juſt, or reaſonable for that Ceſſation. It will be made evident, that the neceſſities, which by your Lordſhips were made excuſes for the Ceſſation, were created on purpoſe to colour the ſame, and we are compelled by your Lordſhips paper, to let you know, that the Committees of Parliament, ſent into Ireland, to endeavour to ſupply their neceſſities, were diſcountenanced by the principall inſtruments for that Ceſſation, and when they had taken up 2000l upon their perſonall ſecurity for the Army there, they were preſently after commanded from the Councell, by a Letter brought thither from His Majeſty, by the Lord Ormonds Secretary; And when the Officers of the Army were contented to ſubſcribe for Land, in ſatisfaction of their Arreares, it was declared from His Majeſty, that He diſapproved of ſuch ſubſcriptions, whereby that courſe was diverted. And we doe affirme, that what ever ſummes of money raiſed for Ireland, were made uſe of by both Houſes of Parliament, were fully ſatisfied with advantage, and as we are informed, before the Bill mentioned in our former paper was refuſed by His Majeſty; And for the Regiments of Horſe and Foot mentioned by your Lordſhips, to be105 raiſed for Ireland ▪ and imployed otherwiſe by the Houſes of Parliament: It is true that Forces were ſo deſigned, and when the Money, Armes and other Proviſions were all ready, and nothing wanting but a Commiſſion from His Majeſty for the Lord Wharton who was to Command them, the ſame could not be obtained, which was the cauſe thoſe Forces did not goe thither, and when twelve Shipps, and ſix Pinnaces were prepared with 1000, or more land Forces, for the ſervice of, Ireland, and nothing deſired but a Commiſſion from His Majeſty, the Shipps lying ready and ſtaying for the ſame, were three weeks together at 300l a day charge, yet the ſame was denyed, though often deſired. And where your Lordſhips ſeem to imply, that the proviſions ſeized by His Maieſties Forces, were going for Coventrey, it was made known to His Maieſty, that the ſame were for Ireland. And your Lordſhips muſt needs conceive (that the papers you delivered to us, being but Extracts, and for that you deny us, ſo to compare them with the Originalls, as to have the names of the Perſons, by whom they were Written) it is altogether unreaſonable for us to give any credit to them, it being manifeſt by this, and our former papers and debates, that the Ceſſation with the Rebels in Ireland is both unjuſt and unlawfull: We therefore inſiſt on our demands concerning Ireland, as apparently good for His Maieſties Subjects there, and for reducing that Kingdom to His Maieſties Obedience.
Before His Maieſties Commiſſioners gave anſwer to this laſt paper, they being alſo to anſwer the reſt of the demands concerning Ireland, for their neceſſary information, touching ſome doubts that did ariſe upon thoſe demands, and the Articles of the Treaty, of the 6th of Auguſt concerning Ireland, and Ordinances delivered with them, the Kings Commiſſioners gave in theſe ſeverall papers.
IN the eight Article of the Treaty, for the comming of theCL. Scots Army into England, dated 29. Nov. 1643. at Edenbourgh,106 delivered to us by your Lordſhips, among the papers for Ireland, and deſired by the 12th Propoſition, to be confirmed by Act of Parliament; It is agreed that no Ceſſation, nor any Pacification or agreement for Peace whatſoever, ſhall be made by either Kingdome, without the mutuall advice and conſent of both Kingdomes, or the Committees in that behalfe appoynted, who are to have full power for the ſame, in caſe the Houſes of the Parliament of England, or the Parliament, or Convention of Estates of Scotland, ſhall not ſit. We deſire to know whether that Article extend to any Ceſſation, Pacification, or Agreement in Ireland.
WE did, in anſwer to your Lordſhips Paper of the firſt ofCLI. February, upon the Propoſitions concerning Religion, deliver the Treaty of the 29th of November 1643. mentioned by your Lordſhips, and not among the Papers for Ireland, to which it hath no relation.
YOur Lordſhips did deliver the Treaty of the 29th of November,CLII. 1642. to us, with the Papers concerning Ireland, and on the 7th day of this inſtant February, and not upon the firſt of February, upon the Propoſitions concerning Religion.
WHen your Lordſhips peruſe your Papers, you will reſtCLIII. ſatisfied, with our Anſwer of the 19th of this inſtant, to your firſt Paper that day given to us, for it will appeare by your Lordſhips 3d Paper of the firſt of February, and our Paper given to your Lordſhips in anſwer of it, that the Treaty of the date at Edenbourgh 29 Novemb. 1643. Was delivered to your Lordſhips on the firſt of February, upon the Propoſition of Religion, and not upon the 3d of February, with the Papers concerning Ireland.
107The Article of the Treaty, of the 29. of November 1643. which occaſioned theſe Papers, being by their Papers thus acknowledged not to concerne Ireland, and ſo not pertinent to that ſubject, the Kings Commiſſioners inſiſted no farther.
BY the 13th Propoſition it is demanded, that an Act beCLIV. paſſed to ſettle the proſecution of the Warre of Ireland in both Houſes of Parliament of England, to be managed by the joynt advices of both Kingdoms. We deſire to know, Whether if the two Kingdoms ſhall not agree in their advice touching that Warre, each have a Negative voyce, or whether the Scots Commander in chiefe of the Forces in Ireland, may manage that Warre in ſuch caſe, according to his own diſcretion.
IN anſwer to your Lordſhips ſecond paper, the proſecution ofCLV. the Warre of Ireland, is to be ſetled in the two Houſes of the Parliament of England, but is to be managed by a joynt Committee of both Kingdoms, wherein the Committee of each Kingdom hath a Negative voyce; but in caſe of diſagreement, the Houſes of Parliament of England, may proſecute the Warre as they ſhall think fit, obſerving the Treaty of the ſixth of Auguſt 1642. between the two Houſes, and the Eſtates of the Parliament of Scotland, and the Ordinance of the 11th of April, 1644. delivered to your Lordſhips formerly.
BY the 20th Propoſition, in the Intervals of Parliament, theCLVI. Commiſſioners for the Militia, have power to nominate the Lord Deputy of Ireland, and other Officers a•d Judges there. We deſire to know, whether that power be limited to the Commiſſioners of both Kingdoms, or only to the Commiſſioners108 for England, and whether in ſuch caſes, the Commiſſioners in Scotland, ſhall vote as ſingle perſons?
THe power of the Commiſſioners, in the Intervals of Parliament,CLVII. to nominate the Lord Deputy of Ireland, and other officers and Iudges there, mentioned in the 20th Propoſition, being no matters of joynt concernments, is to be limited to the Commiſſioners for the Parliament of England, wherein the Commiſſioners of Scotland are to Vote as ſingle perſons.
THe Articles of the Treaty of the ſixth of Auguſt, givingCLVIII. power to the Lievtenant of Ireland (when the Scottiſh Army ſhall be joyned with His Army) to give Inſtructions to the Scottiſh commander in chiefe, and the Orders of the two Houſes of the 9th of March 1644. and the 11th of Aprill,See all theſe in the Appendix. 1644. appoynting the Generall of the Scottiſh Forces in Ireland, to command in chiefe, over all the Forces, as well Brittiſh as Scots, and both being deſired to be enacted. We deſire to know, whether the Lievtenant of Ireland ſhall command the Scots Forces, or whether the Scottiſh Generall, ſhall command all Forces, both Brittiſh and Scots?
IN Anſwer to your Lordſhips 4th Paper, we ſay that the OrdinancesCLIX. of the 9th of March, and 11th of Aprill 1644. were made when there was no Lievtenant of Ireland, and when a Lievtenant ſhall be made, with the approbation of both Houſes, according to our former Demands in the•7th and 20th Propoſitions, it will be a fitting time to give further Anſwer to your Lordſhips.
VVE deſire a full anſwer from your Lordſhips, to ourCLX. fourth paper, delivered to your Lordſhips yeſterday, concerning the Power of the Lord Lievtenant of Ireland, and the Generall of Scots Forces, your Lordſhip having propoſed to us that the Articles of the Treaty, and the Ordinance of the 11. of April, be enacted by His Maieſtie; by one of which the Generall of the Scotch Forces is to receive inſtructions for the manageing the War there from the Lievtenant of Ireland; and by the other (which is the later) the Generall of the Scots Forces is to command in cheif, both the Brittiſh and Scots Forces, by which it ſeemes the Lievtenant of that Kingdom is to have no power in the proſecution of that War.
WE do inſiſt upon our former papers, that the proſecution ofCLXI. the War in Ireland, is to be ſetled in both Houſes of Parliament, and is to be managed by the ioynt advice of both Kingdoms, as in thoſe Papers is ſet down, and when a Lievtenant of Ireland ſhall be appointed, as is expreſſed in the Propoſitions; and it ſhall be neceſſary for the good of the ſervice, that he and the Commander in chief of the Scottiſh Army ioyn; The Commander of the Scottiſh Army ſhall receive Inſtructions from the Lord Lievtenant or Deputy, or other who ſhall have the cheif Government of that Kingdom for the time, according to the Orders which ſhall be given by the Commiſſioners of both Kingdoms.
THe laſt part of the 17th Propoſition gives power to theCLXII. Commiſſioners for the Militia of both Kingdoms, as a ioynt Committee to order the War of Ireland, according to the Ordinance of the 11th April, and to order the Militia, and conſerve the Peace of the Kingdom of Ireland, and by that of the 11th of April, the Earle of Leven being appointed Commander110 in cheif over all the Forces, as well Brittiſh as Scots: We deſire to know, whether he ſhall be ſubordinate to thoſe Commiſſioners for the Militia, and be obliged to obſerve ſuch orders as he ſhall receive from them.
THe Commiſſioners of the Militia deſired by the 17th Propoſition,CLXIII. are to order the War of Ireland, according to the Ordinance of the 11th of April, and the Earle of Leven being by that Ordinance Commander in cheif of the Forces there, is obliged to obſerve ſuch Orders, as he ſhall receive from thoſe Commiſſioners.
Their Commiſſioners likewiſe the ſame 19 of Feb. delivered in ſome Papers of Demands on their part.
WE deſire that no Ceſſation of Armes, or Peace in IrelandCLXIV. may be Treated upon, or concluded, without conſent of both Houſes of Parliament of England.
WE deſire to know, whether any Peace or Ceſſation of ArmesCLXV. in Ireland, be conſented unto by His Majeſtie, and for what time, and whether any Commiſſion be now on foote, or other authority given by His Majeſtie for that purpoſe.
CLXVI.TO your Lordſhips**Which were the two next precedent Papers. ſixt and ſeventh Papers delivered to us yeſterday concerning any Peace or Ceſſation of Armes in Ireland, your Lordſhips well know that long after the Warre begun in this Kingdom, and the want of a ſupply from hence, that a Ceſſation hath bin made with His Majeſties conſent, and we conceive that the ſame expires in March next, and we are confident there is no Peace made there: But for the making a111 Peace, or a farther Ceſſation, we can give no farther anſwer till we may know, whether there may be a bleſſed Peace made in England, ſince if the miſerable Civill Warrs ſhall continue in th•Kingdom, we cannot conceive it poſſible for His Majeſtie by Force to reduce the Kingdom of Ireland, or to preſerve His Proteſtant Subjects there, without a Peace or Ceſſation.
WE conceive your Lordſhips have given no anſwer to us, whetherCLXVII any Commiſſion be now on foot, or other authority given by His Majeſtie for any Peace, or Ceſſation of Armes in Ireland, other then that which determines in March next, nor to our deſire that no Ceſſation of Armes, or Peace in Ireland, may be Treated upon, or concluded, without conſent of both Houſes of the Parliament of England; nor do we underſtand why your Lordſhips ſhould delay your anſwer herein till the Peace in England be concluded, ſince it hath bin ſo clearly manifeſted to your Lordſhips, by the true meaning of the Act paſſed by His Majeſtie this Parliament, that His Majeſtie can make no Peace nor Ceſsation without the conſent of the two Houſes, and that your Lordſhips ſatisfactory anſwer to this, and our other demands concerning Ireland, will much conduce to the ſetling the Peace of this Kingdom, we therefore again deſire your Lordſhips full and clear anſwer to the particulars expreſsed in our ſixt and ſeventh papers, yeſterday delivered to your Lordſhips.
WE do not hold our ſelves any wayes obliged to anſwerCLXVIII. your Lordſhips demand, whether any Commiſſion be on foot, or other authority from His Majeſty, for a Peace or Ceſſation of Armes in Ireland, (that queſtion not ariſing upon any Propoſitions on His Majeſties part) yet for your Lordſhips ſatiſfaction, we do again aſſure you, we do not know there is any Peace or Ceſſation made there, other then that which determines in March next. But what Commiſſion the Marqueſſe of112 Ormond, as Lievtenant of Ireland, or G•nerall of the Forces there, hath to that purpoſe, we do not know, and therefore cannot inform your Lordſhips. And as to the other particulars in that paper, we do**The two Papers following, no. 171, & 172. were delivered in before this Paper, and the reference is to them, and others, formerly delivered on that ſubject. refer our ſelves to the anſwers formerly given in to your Lordſhips demands, touching that ſubject, with this, that we do conceive it to be moſt clear, that His Majeſty is in no wiſe reſtrained by expreſſe words, or by the meaning of any Act made this Parliament, from making a Peace, or a Ceſſation in Ireland, without the conſent of the two Houſes.
THere being but 3 dayes left to Treat upon the PropoſitionsCLXIX. for Religion, the Militia, and for Ireland, and for that your Lordſhips have given no ſatisfactory anſwers to our d•mands concerning them, we therefore now deſire to confer with your Lordſhips, how to diſpoſe of the 3 dayes yet remaining, that we may receive your Lordſhips full and clear anſwers thereunto?
WE ſee no cauſe why your Lordſhips ſhould think ourCLXX. Anſwers upon the Propoſitions for Religion and the Militia were not ſatisfactory. And for that of Ireland, we have received many Papers from your Lordſhips concerning that buſineſſe, beſides the Propoſitions themſelves, to all which, we doubt not to give a full and cleare Anſwer to your Lordſhips to morrow, being the time aſſigned, and the laſt day of the Treaty upon that ſubject. **See the Paper, 20. Feb. no. 192. touching His Majeſties returne to Weſtminster. After we ſhall be ready to conferre with your Lordſhips of diſpoſing the remainder of the time.
Accordingly after the before mentioned Demands, and Anſwer thereunto of the 19th of February, the King's Commiſſioners in Anſwer to theirs of the 18th of February, No. 149. delivered in this Paper.
VVE have already told your Lordſhips, how farre weCLXXI. are from being ſatisfied by what you have alleadged againſt His Majeſties Power to make a Ceſſation with the Rebells in Ireland, neither have your Lordſhips in any degree anſwered the important reaſons which induced His Majeſty ſo to doe, it being very evident, that by the Ceſſation there, His Majeſties Proteſtant Subjects have been preſerved and ſubſiſted, which without it they could not have done, the two Houſes forbearing to ſend any reliefe or ſupply to them, and His Majeſty not being able. And we deſire your Lordſhips to conſider how impoſſible it was, whileſt the Warre continued in England with ſuch fierceneſſe and animoſity, by Armes to reduce the Kingdom of Ireland to His Majeſties Obedience, and therefore His Majeſty had great reaſon to preſerve that by a Ceſſation, which He could not reduce by a Warre; And we are moſt confident, that the neceſſities (which are not offered as excuſes for, but were the reall grounds of the Ceſſation) were very viſible to all thoſe in that Kingdome, whoſe advices His Maieſty ought in reaſon to follow, and whoſe intereſts were moſt concerned, and would not have given ſuch advice, if any•ther way could have been found out to preſerve them; And we have been credib•y i•formed, that the Committee ſent into Ireland (which His Maieſty never underſtood to be ſent thither to ſupply the neceſſities, but to obſerve the Actions of His Maieſties Miniſters there, having, in their•ourney thither, ſigned Warrants in their owne names, to apprehend the Perſons of Pecres of this Realme, and Perſons of His Maieſties Privy Councell) were never diſcountenanced there for His Maieſties directions, that Perſons who were not of His Privy Councell there, ſhould not be preſent at thoſe Councells, cannot be interpreted a diſcountenance to them in any thing they ought to doe; And we are moſt aſſured, that His Maieſty ſent no Meſſage or Letter to divert the courſe of the Officers Subſcribing for Land in ſatisfaction of their Arreares, but the Souldiers were meerly diſcouraged from the ſame, by diſcerning that for want of Supplies, they ſhould not be able to goe on with that Warre; And114 we doe aſſure your Lordſhips, that His Majeſty doth not beleeve, that the Summes of Money raiſed for Ireland (which your Lordſhips doe admit to have been made uſe of by both Houſes of Parliament, otherwiſe then was appointed) are yet ſatisfied in any proportion, the greateſt part of the Money raiſed upon the Bill for 400000l, and of the Moneys raiſed upon the charitable Collections, as well as the Adventurers Moneys being imployed upon the Warre here; And if the ſame were ſince ſatisfied, it doth no wayes excuſe the diverting of them, when in the meane time that Kingdome ſuffered by that divertion; And that the feare that other moneys ſo raiſed, might likewiſe be miſimployed, was a great reaſon (amo•gſt others) that made His Majeſty not conſent to that Bill mentioned by your Lordſhips; And for the Regiments of Horſe and Foot, which your Lordſhips, in your Paper of the 18th of this month, ſay were deſigned for Ireland, though they were imployed otherwiſe, becauſe a Commiſſion could not be obtained for the Lord Wharton, who was to Command thoſe Forces, It is well knowne, that thoſe Forces were raiſed before His Majeſties Commiſſion was ſo much as deſired, and then the Commiſſion that was deſired, ſhould have been independent upon His Majeſties Lievrenant of that Kingdome, and therefore His Maieſty had great reaſon not to conſent to ſuch a Commiſſion; and ſo the damages of keeping thoſe ſix Pinnaces, and the 1000 Land Forces (if any ſuch were) proceeded not from any default of His Majeſty; And for the Proviſions ſeized by His Maieſties Forces, it is notorious that they were ſeized in the way to and neare Coventrey, and that it was not made knowne to His Majeſty, that the ſame were for Ireland, till after the ſeizure thereof, when it was impoſſible to recover the ſame from the Souldiers, who had taken them; Whereas if a ſafe Conduct had been deſired by His Majeſty, as it ought to have been, the ſame being to paſſe through his Quarters, there would have been no Violence or Interruption offered; For the giving the Names of the Perſons, who ſubſcribed the Letters delivered to your Lordſhips (the Originalls of which have been ſhewed to you by us) We have given your Lordſhips a full and reaſonable115 Anſwer, and if your Lordſhips will aſſure us, that the giving their names to you, ſhall be no prejudice to the Perſons who did ſubſcribe, if at any time any of them ſhall be found within your Quarters, we will forthwith deliver their names to you; otherwiſe we conceive your Lordſhips cannot, but give credit to that We have ſaid, and ſhewed to you; all which, we hope hath clearly ſatisfied your Lordſhips, that the Ceſſation with the Rebels was neither unjuſt or unlawfull, and that you will proceed to ſatisfie us by what meanes the Warre may be managed in Ireland, with probable hope of the preſervation of His Maieſties Proteſtant Subiects there, we being very willing to concurre with your Lordſhips in any iuſt and honourable way, for the good and ſettlement of that miſerable Kingdome.
And together with this laſt, the King's Commiſſioners delivered in this other Paper.
HAving given your Lordſhips cleare Reaſons, why theCLXXII. Ceſſation which hath been made in Ireland, is not in reaſon or•uſtice to be made voyd, and that the making voyd thereof (if the ſame might be done) is not or cannot be for the benefit or advantage of His Maieſties Proteſtant Subiects in that Kingdome, ſo long as the unhappy Warres in this Kingdome continue; To the other part of your Lordſhips firſt Paper concerning Ireland for the proſecution of the Warre there, to be ſetled in both Houſes of the Parliament of England, to be managed by the ioynt advice of both Kingdomes, and His Maieſty to aſſiſt, we ſay, That it appeares by the other Papers delivered to us by your Lordſhips, as the Articles of the Treaty of the ſixth of Auguſt, and the Ordinances of the eleventh of April, and ninth of March, and otherwiſe, That the intent is, that that Warre ſhall be managed by a joynt Committee of both Kingdomes, and that the Committee of each Kingdome, ſhall have a Negative voyce, and conſequently it is very probable that upon difference of Opinion between them, that Warre may ſtand ſtill, or to the utter ruine of His Maieſties good Subjects116 there be abſolutely diſſolv'd; For whereas your Lordſhips ſay, That in caſe of ſuch diſagreement, the Hou•es of the Parliament of England may proſecute the War as they ſhall think fit, obſerving the Treaty of the ſixth of Auguſt, 1642. and the Ordinance of the 11th of April, your Lordſhips well know, that by that Treaty and that Ordinance, the two Houſes of the Parliament of England alone, cannot proſecute that Warre, that Ordinance of the 11 of April, expreſly making the Earle of Leven the Scots Generall, Commander in cheife of all Forces in that Kingdom, both Brittiſh and Scottiſh, without any reference unto His Majeſtie, or His Lievtenant of that Kingdome, and di•ecting that the Warre ſhall be managed by the Committee of both Kingdoms, without any other reference to the two Houſes of the Parliament of England; and therefore we cannot conſent that ſuch an Act of Parliament be paſſed for the confirmation of that Treaty, or the Ordinance of the 11th of April, as your Lordſhips propoſe, by reaſon that thereby all His Majeſties authority would be wholly taken away in that Kingdom; And in truth that whole Kingdom be thereby delivered into the hands of His Maieſties Subiects of Scotland, which we conceive is neither juſt, prudent, or honourable to be done; And we are of opinion, that it is not agreeable to His Majeſties honour, or the juſtice and protecttion which He owes to His Subiects of His Kingdom of Ireland, to put the nomination of His Lievtenant, and Iudges of that Kingdom, out of Him ſelfe, and to committ the whole power of that Kingdom to others, and to binde Himſelfe to paſſe all ſuch Acts of Parliament, as any time hereafter ſhall be preſented to Him, for raiſing of Moneys, and other things neceſſary for the proſecution of the War in that Kingdom, which your Lordſhips ſay in your paper the 9th of this inſtant, you intend by thoſe words [His Maieſtie to aſſiſt,] in your firſt paper; And we conceive it cannot be expected that His Maieſtie ſhould conſent to an Act of Parliament for proſecution of the War in Ireland, to be managed by the advice of the Houſes of Parliament here, and the Eſtates of the Parliament of Scotland, ſo long as the War in this Kingdom ſhall continue.
117For theſe and many other reaſons, we conceive it doth app•a•e to your Lordſhips, that the Propoſitions, as they are delivered to us by your Lordſhips, are by no meanes fit to be conſented to; and therefore we deſire your Lordſhips to make other Propoſitions to us, which may be for the preſervation and releif of His Majeſties Proteſtant Subjects there, and for the ſettlement of that Kingdom, in which we ſhall very readily concurr, and we ſhall be very willing that the buſineſſe of that Kingdom ſhall, after a Peace ſetled in this, be taken into conſideration, and ordered as His Maieſtie, and both Houſes of Parliament here ſhall think fit.
VVE expected that your Lordſhips would have bin fully ſatisfiedCLXXIII. by what we have alleadged againſt His Majeſties power, to make the Ceſſation with the Rebells in Ireland, and w•cannot find thoſe important reaſons, which your Lordſhips mentioned to have induced His Majeſty ſo to do, or that thereby His Majeſties Proteſtant Subiects there have bin preſerved, or ſubſiſted; but we have made it evident, that this Ceſſation tended to the utter deſtruction of the Proteſtants in that Kingdom, as we conceived was deſigned by thoſe who adviſed His Majeſty thereunto, and we obſerve your Lordſhips urge that this Ceſſation was the onely meanes for the ſubſiſtance of the Proteſtants there, when it cannot be denyed, but that very many of the Proteſtants in Vlſter, Munſter, & Connaught, have yet ſubſiſted, although they have refuſed to ſubmit to the Ceſſation, & oppoſed the ſame, as the meanes intended for their ruine; and we do affirme unto your Lordſhips, that the 2 Houſes of Parliament have bin ſo far from failing to ſupply His Majeſties good Subjects in that Kingdom, that although His Majeſties Forces have as much, as lay in their power, endeavoured to prevent the ſame and have taken to themſelves that which was provided for thoſe whom your Lordſhips mention to have bin in ſo great want and extremity, y•t the two Houſes not diſcouraged118 thereby, have conſtantly ſent great proportions of all neceſſary ſupplyes unto the Proteſtants there, whereby they have ſubſiſted, and have very lately ſent thither, and have already provided to be ſpeedily ſent after in Money, Victuals, Clothes, Ammunition, and other neceſsaries, to the value of ſeavenſcore thouſand pounds: And they have not deſired any other proviſion from His Majeſtie, but what he was well able to afford herein, only His Aſſiſtance and conſent in joyning with His two Houſes of Parliament, for the better•nabling them in the proſecution of that Warre; and we are ſo far from apprehending any impoſſibility of reducing that Kingdom, dureing the unhappy Diſtractions here, that although many of the Forces provided by the two Houſes for that end, were diverted and imployed againſt the Parliament, to the increaſing of our diſtractions, yet the Proteſtants in Ireland have ſubſiſted, and do ſtill ſubſiſt, and we have just cauſe cauſe to beleive, that if this Ceſsation had not bin obteyned by the Rebels (and that in the time of their greatest wants) & that theſe Forces had not bin withdrawn, they might in probability have ſubdued thoſe bloody Rebels, and finiſhed the War in that Kingdome: For the pretended neceſſities offered, as grounds of this Ceſsation, we have already given your Lordſhips, (We hope) cleare information; For the perſons whoſe advice His Maieſtie followed therein, your Lordſhips have not thought fit to make them knowne unto us, and we cannot conceive their interest in that Kingdom to be of ſuch conſideration as is by your Lordſhips ſuppoſed; But we know very well, that many perſons of all ſorts have forſaken that Kingdome, rather then they would ſubmit unto this Ceſsation, and great numbers of conſiderable perſons and other Proteſtants yet remaining there, have oppoſed, and ſtill do oppoſe that Ceſsation, as the viſible meanes of their deſtruction. The two Houſes ſent their Committees into Ireland, for the better ſupplying and encouraging of the Armies there, and to take an account of the State of the Warre to be repreſented hither, that what ſhould be found defective might be ſupplied. What Warrants they iſsued we are ignorant off, but are well aſsured that what they did was in purſuance of their duty, and for advancement of the publique ſervice, and ſuppreſſing of that horrid Rebellion; and we cannot but ſtill affirme they were diſcountenanced119 and commanded from the Councell there, where the proſecution of that Warre was to be managed, and that i•was Declared from His Majeſty, that he diſapproved of the ſubſcriptions of the Officers of the Army, by meanes whereof that courſe was diverted.
Concerning the monies raiſed for Ireland, we have in our former Papers given your Lordſhips a full and iuſt anſwer, and we are ſorry the ſame cannot receive credit, thoſe monyes raiſed upon charitable collections, we do poſitively affirme were only imployed to thoſe ends for which they were given, and we cannot but wonder the contrary ſhould be ſuggeſted; we are confident the Commiſſion deſired by the two Houſes for the Lord Wharton (and which your Lordſhips acknowledge was denied) was only ſuch as they conceived moſt neceſsary for advancement of that ſervice, and the deniall thereof proved very prejudiciall thereunto; And we must againe informe your Lordſhips, that it was well knowne at the time when the goods were ſeiſed by His Maieſties Forces (as your Lordſhips alledge neare Coventry) that the ſame were then carrying for the ſupply of the Proteſtants in Ireland, and ſome other proviſions, made and ſent for the ſame purpoſe, were likewiſe ſeiſed & taken away by ſome of his Maieſties Forces, as we have bin credibly informed, not without his Maieſties own knowledge & direction; your Lordſhips may believe that thoſe who ſigned the Letters, mentioned in your Papers, have done nothing, but what they may well iuſtifie, and if the ſame be well done, they need not feare to give an Accompt thereof, nor your Lordſhips to ſuppoſe that if they come within our Quarters they ſhall be otherwiſe dealt withall then ſhall be agreeable to Juſtice. Ʋpon the whole matter, notwithſtanding the allegations, pretences, and Excuſes, offered by your Lordſhips, for the Ceſſation made with the Rebels in Ireland, we are clearly ſatisfied, that the ſame was altogether uniust, unlawfull, and deſtructive to His Maieſties good Subiects, and of advantage to none but the Popiſh bloudy Rebels in that Kingdom; And therefore we ſtill earneſtly inſiſt, as we conceive our ſelves in Conſcience and duty obliged upon our former demands concerning Irelan•, which we conceive moſt iuſt and honourable for His Ma•eſty to conſent unto. We know no other wayes to propound more120 probable for the reducing of the Rebels there, but theſe being granted, we ſhall chearfully proceed in the managing of that War, and doubt not by•ods bleſſing, we ſhall ſpeedily ſettle that Kingdome in their due Obedience to His Maieſty.
VVE cannot underſtand how out of any of the Papers, Articles,CLXXIV. and Ordinances, delivered by us unto your Lordſhips, there ſhould be a ground for your opinion, that upon any differences between the Committees or Commanders, imployed about the Warre of Ireland, the Warre ſhould ſtand ſtill or be diſſolved; nor doe we find that the Ordinance of the 11th of Aprill can produce any ſuch inconvenience as your Lordſhips do imagine; Nor doth the making of the Earle of Leven Commander in chiefe of the Scottiſh and Brittiſh Forces, and the ſetling of the proſecution of the Warre of Ireland, in the two Houſes of the Parliament of England, to be managed by the joynt advice of both Kingdoms, take away the relation to His Majeſties authority, or of the two Houſes of Parliament, or of the Lord Lieutenant of Ireland; For in the firſt place, His Majeſties conſent is humbly deſired, and the whole power is derived from him, only the execution of it is put into ſuch a way, and the Generall is to carry on the Warre, according to the Orders he ſhall receive from the Committee of both Kingdoms, and in caſe of diſagreement in the Committee, the two Houſes of Parliament are to proſecute that Warre as is expreſſed in our Anſwer to your Lordſhips ſecond Paper of the 19. of February. And when there ſhall be a Lieutenant of Ireland, and that he ſhall joyne with the Commander in chiefe of the Scottiſh Army, the ſaid Commander is to receive Inſtructions from him, according to the Orders of the Commiſſioners of both Kingdoms, as we have ſaid in our anſwere to your Lordſhips ſecond Paper of this day; nor doth the naming of the Earle of Leven to be Generall, any more take away the power of the two Houſes, then if he were a Native of this Kingdome, or is there any part of the Kingdom of Ireland, delivered over into the hands of His Majeſties Subjects of the Kingdom of Scotland,121 who doe only joyne with their Councells and Forces, for carrying on the Warre, and reducing that Kingdom to His Majeſties obedience; And we conceive it moſt conducing for the good of His Majeſties ſervice, and of that Kingdom, that the Lieutenant and Judges there, ſhould be nominated by the two Houſes of Parliament, as is expreſſed in the 20. Propoſition, who will recommend none to be imployed by His Maieſty, in places of ſo great truſt, but ſuch, whoſe known ability and integrity ſhall make them worthy of them, which muſt needs be best known to a Parliament; Nor are they to have any greater power conferred upon them, by the granting this Propoſition, then they have had, who did formerly execute thoſe places; And we know no reaſon, why your Lordſhips ſhould make difficulty of His Maieſties conſenting to ſuch Acts, as ſhall be preſented unto Him, for raiſing moneys, and other neceſſaries from the Subiect, which is without any charge to Himſelfe, for no other end, but the ſetling of the true Proteſtant Religion in that Kingdom, and reducing it to His Maieſties Obedience, for which we hold nothing too deare, that can be imployed by us. And we cannot but wonder that your Lordſhips ſhould make the proſecution of the Warre of Ireland, which is but to execute Juſtice upon thoſe bloody Rebels, who have broken all Lawes of God and Man, their Faith, their Alleageance, all bonds of Charity, all rules of Humanity, and Humane ſociety, who have Butchered ſo many thouſands of Innocent Chriſtians, Men, Wo•men, and Children, whoſe blood cries up to Heaven for Vengeance, ſo many of His Maieſties Subiects, whoſe lives He is bound to require at their hands that spilt them, and to doe Justice upon them, to put away innocent blood from Himſelfe, His poſterity, the whole Land, theſe execrable antichriſtian Rebels, who have made a covenant with Hell, to deſtroy the Goſpell of Chriſt, and have taken up Armes to destroy the Proteſtant Religion, to ſet up Popery, to rend away one of His Majeſties Kingdoms ▪ and deliver it up into the hands of ſtrangers for which they have negotiations with Spaine and other States; a Warre which muſt prevent ſo much miſchiefe, doe ſo much good, offer up ſuch an acceptable ſacrifice to the great and juſt God of Heaven, who groanes under ſo much wickedneſſe to lye ſo long unpuniſhed;122 A Warre which muſt reduce that Kingdom unto His Majeſties obedience, the moſt glorious work that this Kingdom can undertake; That the proſecution of ſuch a Warre, your Lordſhips ſhould make to depend upon any other condition; that the diſtractions of theſe Kingdoms, ſhould be laid as an impediment unto it, and that there ſhould be any thought, any thing which ſhould give thoſe Rebells hope of impunity, if our miſeries continue; whereas according to Chriſtian reaſon, and the ordinary courſe of Gods providence, nothing can be more probable to continue our miſeries, then the leaſt connivance in this kind; what can be ſaid or imagined ſhould be any inducement to it, we hope not to make uſe of their help and aſſiſtance, to ſtrengthen any party here, to bring over ſuch Actors of barbarous cruelties, to exerciſe the ſame in theſe Kingdoms; we deſire your Lordſhips to conſider theſe things, and that nothing may remaine with you, which may hinder His Majeſty from giving His conſent to all good means for the reducing of Ireland, according to what is deſired by us in our Propoſitions.
WE are very ſory, that our anſwere formerly given toCLXXV. your Lordſhips, in the buſineſſe of the Ceſſation, which was ſo neceſſary to be made, and being made to be kept, hath not given your Lordſhips ſatisfaction; and that your Lordſhips, have not rather thought fit to make the reaſonableneſſe of your Propoſitions concerning Ireland appeare to us, or to make ſuch as might be reaſonable in the ſtead, then by charging His Majeſty, with many particulars, which highly reflect upon His honour, to compell us to mention many things, in anſwer to your Lordſhips Allegations, which otherwiſe in a time of Treaty, when we would rather endeavour to prevent future inconveniences, then to inſiſt on paſt miſtakes, we deſired to123 have omitted; And we can no wayes admit, that when the Ceſſation was made in Ireland, His Maieſties Proteſtant Subjects there, could have ſubſiſted without that Ceſſation, nor that the Warre can be maintained and proſecuted to the ſubduing the Rebels there, ſo long as the Warre continues in this Kingdom, which are the chiefe grounds laid for the aſſertions in your Lordſhips firſt Paper delivered this day, concerning the buſineſſe of Ireland; neither can we conceive, that your Lordſhips have alleadged any thing, that could in the leaſt deg•ee ſatisfy us, that His Majeſty had no power to make that Ceſſation, or had no reaſon ſo to doe, conſidering (as we have formerly ſaid, and doe againe inſiſt upon it) that by that Ceſſation, (which was not made till long after this Kingdom was embroyled in a miſerable Warre) the poore Proteſtants there, (who for want of ſupplies from hence were ready to famiſh and be deſtroyed) were preſerved, and that Kingdome kept from utter ruine, (ſo farre was it from being a deſigne for their deſtruction, or for the advantage of the Popiſh bloody Rebels, as is inſinuated;) for it appears by the Letters of the Lords Juſtices of Ireland, Sir William Parſons, and Sir John Borlaſe, and of the Councell there, of the 4th of Aprill, 1643. before that Ceſsation made, directed to the Speaker of the Houſe of Commons, a Copy whereof we delivered to your Lordſhips, though we preſume you may have the Originall; That his Majeſties Army and good Subiects there, were in danger to be devoured for want of needfull ſupplies forth of England; and that His Majeſties Forces were of neceſſity ſent abroad, to trie what might be done, for ſuſtaining them in the Country, to keep them alive untill ſupplies ſhould get to them, but that deſigne failing, thoſe their hopes were converted into aſtoniſhment, to behold the miſeries of the Officers and Souldiers for want of all things, and all thoſe wants made unſupportable in the want of food; and diverſe Commanders and Officers declaring they had little hope to be ſupplied by the Parliament preſſed with ſo great importunity, to be permitted to depart the Kingdom, as that it would be extreame difficult to keep them there. And in another part of that Letter (for we ſhall not grieve you with mention of all their complaints)124 they expreſted, That they were expelling thence all ſtrangers, and muſt inſtantly ſend away for England thouſands of poore despoyled Engliſh, whoſe very eating was then unſupportable to that place; that their confuſions would not admit the writing of many more Letters, if any, (for they had written diverſe others, expreſſing their great neceſſities.) And to the end His Majesty and the Engliſh Nation, might not irrecoverably, and unavoydably ſuffer, they did deſire that then (though it were almoſt at the p•ynt to be too late) ſupplies of victualls and Ammunition in preſent, might be haſtned thither to keep life, untill the reſt might follow, there being no victuall in the ſtore nor a hundred Barrells of Powder (a ſmall proportion to defend a Kingdom) left in the ſtore, when the out Garriſons (as they were to be inſtantly) were ſupplied, and that remainder, according to the uſuall neceſſary expence, beſides extraordinary accidents, would not laſt above a Month. And in that Letter they ſent a Paper, Signed by ſundry Officers of the Army, delivered to them as they were ready to ſigne that diſpatch, & by them apprehended to threaten imminent danger, which mentioned, That they were brought to that great exigence, that they were ready to rob and ſpoyle one another, that their wants began to make them deſperate; That if the Lords, Iuſtices, and Councell there, did not find a ſpeedy way for their preſervation, they did deſire that they might have leave to go away; That if that were not granted, they muſt have recourſe to the Law of Nature, which teacheth all men to preſerve themſelves.
And by a letter of the 11th of May following (a Copie whereof we have alſo delivered to your Lordſhips) the Lords Iuſtices and Councell there did advertiſe His Majeſty, that they had no victuall, cloathes, or other proviſions, (no money to provide them of any thing they want) no Armes, not above 40 Barrells of Powder, no ſtrength of ſerviceable Horſe, no viſible means by Sea or Land, of being able to preſerve that Kingdom, and that though the Winds had in many dayes, & often formerly ſtood very faire for acceſſions of ſupplies forth of England, (the two Houſes having then, and ever ſince the full Command of thoſe Seas) yet to their vnexpreſſible greif, after full ſix moneths waiting, and125 much longer patience, and long ſuffering, they found their expectations anſwered, in an inconfiderable quantity of proviſions, viz. 75 Barrells of Butter, and 14 Tunn of Cheeſe, being but the 4th part of a ſmall Ʋeſſells-loading, which was ſent from London, and arrived there on the 5th of May. which was not above 7, or 8 days proviſions for that part of the Army, in and about Dublin; No mon•y or victuals (other then that inconſiderable proportion of victuals) having arrived there as ſent from the Parliament of England, or from any other forth of England, for the uſe of the Army ſince the beginning of Novem. before. And beſides theſe whereof, we have Copies to your Lordſhips, it was repreſented to Hi•Majeſty by Petition from that Kingdom, That all meanes by which comfort and life ſhould be conveyed to that Gaſping Kingdom ſeemed to be totally obſtructed, and that unleſſe timely releife were afforded, His Loyall Subjects there muſt yeeld their fortunes for a Prey, their lives for a ſacrifice, and their Religion for a ſcorn, to the mercyleſſe Rebels. Vpon all which deplorable paſſages, repreſented by perſons principally intereſſed in the managing of the affaires of that Kingdom, and the War there, in which number were Sr William Parſons Sr Iohn Temple, Sr Adam Loftus, and Sr Robert Merideth, perſons of great eſtimation with your Lordſhips; to which we could add many other advices, and letters from ſeverall men of repute and quality, but that we will not trouble your Lordſhips with repetition of private advices, we cannot think but your Lordſhips are now ſatisfied, that the neceſſities of that Kingdom, which were the ground of the Ceſſation there, were reall, and not pretended, and therefore for excuſes we leave them, to them who ſtands in need of them; and we deſire your Lordſhips, to conſider as the diſtracted condition of this Kingdom was, what other way could be imagined for the preſervation of that Kingdom, then by giving way to that Ceſſation, and though it is inſiſted on in your Lordſhips paper, that ſome Proteſtants in Ʋlſter, Munſter, and Connaught, (who have refuſed to ſubmit to that Ceſſation) have yet ſubſiſted, yet your Lordſhips well know, theſe were generally of the Scottiſh Nation, who had ſtrong Garriſons provided, and appointed to them, and were in theſe parts of Ireland, neere the126 Kingdom of Scotland, whence more ready ſupplies of Victuals might be had, then the Engliſh could have from England, and for whoſe ſupply (as His Majeſty hath bin credibly informed, and we beleive that your Lordſhips know it to be true) ſpeciall care was taken, when the Engliſh Forces, and other Engliſh Proteſtant Subjects there, were neglected, whereby they were expoſed to apparent deſtruction, by Sword and Famine; and we cannot but wonder at the aſſertion, that His Majeſties Forces have as much as lay in them, endeavoured to prevent thoſe ſupplies for Ireland, and at the mention of the intercepting thoſe proviſions near Coventry, with His Majeſties own knowledge and direction, whereas, as we have formerly acquainted your Lordſhips, it was not known to His Majeſty that thoſe proviſions, which were taken neere Coventry going thither, when His Majeſties Forces were before it, were intended for Ireland, till after the ſeiſure there of, when it was impoſſible to recover them from the Souldiers, which might have bin prevented, if a ſafe Conduct had bin deſired through His Maieſties Quarters, which we are aſſured He would have readily granted for thoſe or any other ſupplies for that Kingdom, but was never asked of Him; and as there is no particular inſtance of any other proviſions for Jreland intercepted by His Majeſties Forces, but thoſe neere Coventry, which were conſiderable, ſo we can aſſure your Lordſhips, that when His Maieſtie was in the greateſt wants of all proviſions, and might have readily made uſe of ſome provided for Ireland, lying in Magazines within His Quarters, yet he gave expreſſe order for the ſending them away, which was done accordingly, and would haue ſupplied them further out of His own ſtore, if he had bin able; and no man can be unſatisfied of His Maieſties tender ſence, of the miſeries of His Proteſtant Subiects in Jreland, when they ſhall remember how readily he gave His Royall aſſent to any Propoſition or Acts for raiſing of men, monyes, and Armes for them, that he offered to paſſe over in Perſon for their releife, (which His Maieſties Subiects of Scotland approved, and declared it to be an argument of care in His Maieſtie,) and if that had proceeded, it might in poſſibility have quenehed the flames of that unhappy Rebellion, as long127 before it mi•ht probably haue bin prevented, if the Army of Jriſh Natives there had bin ſuffered to have bin tranſported out of that Kingdom, as was directed by His Maieſtie.
What Proviſions are Iately ſent, or are now ſending to Ireland from the two Houſes, we know not; But His Majeſty hath been informed, that even thoſe proviſions are deſigned in purſuance of the late Treaty concerning Ireland, made with His Subjects of Scotland without His Majeſties Conſent, and onely for ſuch, who have deelared themſelvea againſt His Majeſties Miniſters, and in oppoſition to that Ceſſation to which many of them had formerly conſented, though they have ſince upon private Intereſt, and the incouragement and ſolicitations of others oppoſed the ſame; and therefore His Majeſty cannot look upon thoſe Supplied, as a ſupport for the Warre againſt the Iriſh Rebels, or as a repayment of thoſe monyes which being raiſed by Acts of Parliament for that Warre, have been formerly diverted to other uſes, of which Money 100000l at one time was iſſued out for the payment of the Forces under the Earle of Eſſex.
And as to d•verting the Forces provided, for the reducing of Ireland, though we conceiv'd it ought not to be objected to His Maieſty, conſidering the Forces under the Command of the Lord Wharton, raiſed for Ireland had been formerly diverted and imployed againſt him, in the Warre here in England, yet it is evident they were not brought over, till after the Celſation, when they could no longer ſubſiſt there: And that there was no preſent uſe for them, and before thoſe Forces brought over, there was an attempt to bring the Scottiſh Forces in Ireland, as likewiſe divers of the Engliſh Officers there into this Kingdome, and ſince the Earle of Leven their Generall, and divers Scotch Forces were actually brought over.
To the Allegations that many Perſons of all ſorts have forſaken the Kingdome, rathen then they would ſubmit to that Ceſſation, we know of none; But it is manifeſt, that divers who had left that Kingdom, becauſe they would have been famiſhed if they had continued thene, ſince that Ceſſation, have returned.
Touching the Committee ſent into Ireland, we have already128 anſwered, they were not diſcountenanced by His Majeſty, in what they lawfully might doe ▪ although they went without his Privity, but conceive your Lordſhips will not inſiſt, that they ſhould ſit with the Privy Councell there, and aſſume to themſelves to adviſe and interpoſe as Privy Councellors; And we againe deny the Subſcriptions of the Officers of the Army was diverted by His Majeſty; and it is well knowne, that ſome Officers apprehending upon ſome Specches, that the drift in requiring Subſcriptions was to engage the Army againſt His Majeſty, in deteſtation there of upon thoſe Speeches, rent the book of Subſcription in peeces.
For the diverſion of the moneys raiſed for that Warre, if they had been ſince repayed, (the contrary whereof is credibly informed to His Majeſty,) yet that preſent diverſion might be, and we beleeve was a great meanes of the future wants of that Kingdome which indueed the Ceſſation. As to the Lord Wharton's Commiſſion we conceive we have already fully ſatisfied your Lordſhips the juſt reaſons thereof.
For the Letters, whereof your Lordſhips had Copies, we conceive that you being thereby ſatisfied of the Contents, and that they came from the Lord Iuſtices and Councell there, your Lordſhips need not doubt of the truth of the matter; And for the names of the ſingle perſons ſubſcribing; we cannot conceive it is deſired for any other purpoſe, then to be made uſe of againſt ſuch of them as ſhould come into your Quarters, you having not granted, though deſired, that it ſhall not turn to their prejudice, if we ſhould give in their Names.
Vpon what hath been ſaid, it appeares, That His Majeſties Engliſh Proteſtant Subjects in Ireland could not ſubſiſt without a Ceſſation; And that the Warre there cannot be maintained or proſecuted to the ſubduing of the Rebels there, during the continuance of this unnaturall Warre here, it is evident to any man, that ſhall conſider, that this Kingdome labouring in a Warre which imployes all the Force and wealth at home, cannot, nor will ſpare conſiderable Supplies to ſend abroad; or if it could, yet whiles there are mutuall Iealouſies, that there cannot be that concurrence in joynt advices betwixt the King and the129 two Houſes, as will be neceſſary, if that Warre be proſecuted; And that His Majeſty cannot condeſcend, or your Lordſhips in reaſon expect His Maieſty ſhould, by his Conſent to Acts of Parliament for the managing of that Warre, and raiſing monyes to that purpoſe, put ſo great a power into their hands, who, during theſe Troubles, may if they will turne that power againſt Him; And it is apparent, that the continuance of the Warre here muſt inevitably cauſe the continuance of the miſeries there, and endanger the rending of that Kingdome from this Crowne.
WE do very much wonder that it doth not clearly appeareCLXXVI. to your Lordſhips, that upon any difference between the Committees of both Kingdoms, in the managing the War of Ireland, (in the manner propoſed by your Lordſhips) the War there muſt ſtand ſtill, or be diſſolved, for if the Ordinance of the 11th of April, be by His Majeſties Royall aſſent made an Act of Parliament, (as your Lordſhips deſire) all the Forces of that Kingdom both Brittiſh and Scottiſh, are put under the abſolute Command of the Earle of Leven the Scottiſh Generall, and the managing the War commited wholy to the Committee of both Kingdoms, without any reference to the two Houſes of the Parliament of England, by themſelves, ſo that whatſoever your Lordſhips ſay of your intentions, that the two Houſes of Parliament here, ſhall upon ſuch difference mannage the War, (which yet you ſay muſt be obſerving the Treaty, of the 6th of Auguſt, and the ſaid Ordinance of the 11th of April,) it is very evident if that Ordinance ſhould be made a Law, the War muſt ſtand ſtill, or be diſſolved upon difference of opinion between the Committee of both Kingdoms, or elſe the Earle of Leven muſt carry on that War according to his diſcretion, for he is in no degree bound to obſerve the Orders or directions of the Houſes of Parliament in England by themſelves, neither doth the asking His Maieſties conſent at all, alter the caſe from what we ſtated it to your Lordſhips, in our paper of130 the 20 of this inſtant, for we ſaid then, and we ſay ſtill, that if His Maieſty ſhould conſent to what you propoſe, He would deveſt Himſelf of all His Royall Power in that Kingdom, and reſerve no power or authority in Himſelfe over that War, which is moſt neceſſary for His Kingly office to do; for your Lordſhips expreſſion, when there ſhall be a Leivtenant of Ireland. we preſume your Lordſhips cannot but be informed, that His Maieſty hath made, and we doubt not but you acknowledg He hath power, to make the Lord Marquiſſe of Ormond His Leivtenant of that Kingdome, and who is very well able to manage and carry on that War, in ſuch manner as ſhall be thought neceſſary for the good of that Kingdom, and there is no queſtion, but that the naming the Earle of Leven to be Generall to receive Orders only from the ioynt Committee of both Kingdoms, doth more take away the power of the two Houſes here, then if he were a Native of this Kingdom, and to obey the Orders of the two Houſes. And we conceive it evident, that the giving the abſolute Command of all Forces, both Brittiſh and Scottiſh, to the Earle of Leven, Generall of the Scottiſh Forces, who is to manage the Warre according to the Directions of the ioynt Committee of both Kingdoms, doth not amount to leſſe, then to deliver the whole Kingdom of Jreland over into the hands of His Maieſties Subiects of the Kingdom of Scotland, & therefore we muſt aske your Lordſhips pardon, to believe out ſelves obliged in prudence, honour, & Conſeience, very much to inſiſt on that Conſideration, and very earneſtly to recommend the ſame to your Lordſhips; And we conceive it moſt conducing to the good of His Majeſties Service, and of that Kingdom, that the Lievtenant and Iudges there be nominated (as they have alwayes been) by His Majeſty, who will be ſure to imploy none in places of ſo great Truſt, but ſuch whoſe knowne ability and integrity ſhall make them worthy, and if at any time he ſhall find himſelf deceived by thoſe he ſhall chooſe, can beſt make them examples of His Iuſtice, as they have bin of His Grace & Favour; and we beſeech your Lordſhips to conſider how impoſſible it is for His Maieſtie, to receive that meaſure of duty, everence, and application, which is due to Him, and His Royall131 Progenitors have alwayes enjoyed, if it be not in His owne immediate power to reward thoſe, whom he ſhall by experience diſcern worthy of publick truſt & imployment. We have made no difficulty to your Lordſhips, of His Maieſties conſenting to Acts for the raiſing of moneys, and other neceſſaries for the ſetling of the true Proteſtant Religion in that Kingdom, only we think it unreaſonable, that His Majeſty ſhould engage Himſelf, (as is propoſed) to paſſe all ſuch Acts as ſhall be preſented to Him, before He know whether ſuch Acts are reaſonable or no, and whether thoſe (other neceſſaries) may not comprehend, what in truth is not only unneceſſary, but very inconvenient; neither will the Argament, that the moneys are to be raiſed from His Subiects, without any charg to Himſelfe, ſeeme reaſonable to His Maieſty, His Maieſty conſidering His owne charge much leſſe then the damage and preſſures which may thereby befall His good Subjects, the preſerving them from which is His Maieſties moſt ſollicitous & earneſt deſire; and we cannot but wonder, that your Lordſhips ſhould conceive any expreſſions made by us, concerning the proſecution of that War of Ireland, to be unagreeable to the zeale of perſons abundantly ſenſible of the Bloud & horror of that Rebellion; we agree with you, they have broken the Lawes of God and man, their Faith, their Alleagiance, the bonds of Charity, rules of Humanity, and humane Society, and we heartily wiſh that it were in His Majeſties power to do Iuſtice upon, and make up thoſe breaches of all thoſe rules and bonds; and to that purpoſe we have deſired to be ſatisfied by your Lordſhips, what probable courſe may be taken, for the remedying thoſe miſcheifs, and preſerving the remainder of His Maieſties good Proteſtant Subiects; but without doubt the proſecution of that War ſo much depends upon the condition and diſtractions of His Maieſties other Kingdoms, that the information your Lordſhips gives us, of the negotiation with Spaine, and other States, for delivering up that Kingdome from His Maieſties obedience, into the hands of Strangers, deſerves the moſt ſtrict conſideration, how His Majeſties two other Kingdoms can be applyed to the releife of the third, whil'ſt theſe diſtractions are in their owne Bowels, and132 the continuance of the miſeries in the two, muſt render thoſe in the third remediloſſe, if it be not preſerved by ſome other meanes, then the proſecution of the Warre; neither can it be foreſeen or determined, what help or Aſſiſtance either party may make uſe of, where it findes it ſelfe oppreſſed, and over-powred by the other, eſpecially when it calls in any help, and leaves no meanes unattempted to deſtroy the other. And we beſeech your Lordſhips, in the Bowells of Chriſtian Charity and compaſſion, and in the name of him, who is the Prince of Peace, and who will make an inquiſition for blood, to conſider, whether all our endeavours, ought not to be, to ſtop theſe bloody iſſues in all His Majeſties Dominions; and whether the juſt God of Heaven, who for our ſinnes, hath made the ſeverall Nations, under His Majeſties Government, to be Scourges of one another, and of His Majeſty himſelfe, under whoſe Obedience they ſhould all live, can be delighted with the ſacrifice of blood, and the blood of Chriſtians; and whether it would not be more agrecable to our Chriſtian profeſſion, to endeavour the binding up of thoſe wounds, which intereſts, paſſion, and animoſity have made. We deſire your Lordſhips to conſider theſe things, and to make ſuch Propoſitions to us concerning Ireland (ſince it is apparent, that thoſe already made by you, are by no meanes fit to be conſented to) as may be for the growth and propogation of the true Proteſtant Religion, the Peace and happineſse of that Kingdom, and the wellfare of all His Majeſties Dominions.
The laſt of the ſix daies concerning Ireland being now ſpent, being the laſt of the 18, appointed to treat upon Religion, Militia, and Ireland, by three daies a peece, Alternis vicibus; according to the order formerly propoſed, the two remaining daies were imployed for the moſt part concerning Religion, but towards the end of theſe two daies, being the laſt of the Treaty (about 12. of the clock at night) they delivered in theſe two following Papers concerning Ireland, in Anſwer to the two laſt Papers.
VVE are very ſorry, that your Lordſhips ſhould continueCLXX VII. in that opinion, That it was neceſſary to make the Ceſſation in Ireland, when by undeniable proofs, and conſideration of all circumſtances, it is moſt cleare, that the neceſſities alleadged for grounds of that Ceſſation, were made by deſigne of the Popiſh and Prelaticall party in England and Ireland, who ſo wickedly contrived the ſame, that the proviſions ſent thither by the Parliament, for reliefe of His Majeſties good Subjects in reland, were dispoſed of, and afforded to the Rebells there in their greatest wants, and then when your Lordſhips affirme the Proteſtants to be in ſo great extremity, and even at that time alſo, when the Officers of our Army and Garriſons, preſſing for leave to March into the Enemies Country, to live upon them, and ſave their own ſtores, ſome, who were driven forth, had great quantities of proviſions out with them, yet were not permitted to March into the Enemies Country, but kept neare Dublin, untill their Proviſions were ſpent, and then commanded back againe; others could not obtaine leave to goe forth, but were commanded to ſtay at home, that their own proviſions might be the ſooner conſumed, and thereby the neceſſity made greater. Notwithſtanding by the care of hoth Houſes of Parliament here for their ſupply, they were able to ſubſiſt, and did ſubſiſt at the time of that Ceſſation, although the making thereof reduced them to farre greater neceſſities, then otherwiſe they could have ſuffered, beſides the notorious advantage thereby to the Rebels, when their wants and extremities were moſt preſſing. And we ſhould not againe have troubled your Lordſhips with theſe anſwers, had they not been cauſed by your own repetition of the Letters, of part whereof you have given us Copies, though not the knowledge of the Perſons from whom they came, only you were pleaſed to mention, the Lords Iuſtices, and Councell there, yet we are aſſured, even by ſome who were of the Councell at that time when the Letters were written, that the ſame was done only to preſſe for ſupplies from hence, without the least intention in them, of inducing a Ceſſation, neither doe the134 Copies containe any thing tending to a Ceſsation, or the leaſt mention thereof; And we have cauſe to grieve, not onely at what your Lordſhips expreſse concerning the complaints from Ireland, and their great extremities, but that the ſame being procured and increaſed by the Popiſh Party, yet we ſhould find ſuch earneſt endeavours to lay the blame and neglect therein upon the two Houſes of Parliament here, who have been ſo zealous for their reliefe, and whoſe onely care (under the bleſſing of God) hath been their preſervation, and that in the heat of our owne miſerable Diſtractions have continued their Supplies, and from our owne great wants, have not ſpared to afford our Brethren there the meanes of their ſubſiſtance.
The Proteſtants in Munſter, Connaught, and Viſter, who oppoſed this Ceſſation, were many of them Engliſh, and both they and the Scots ſuffering under as great wants and failer of Supplies, as the Proteſtants in other places, and in no better poſture of their owne defence; Notwithſtanding in a true ſenſe of their owne duty and Conſcience, they have oppoſed and ſtill doe oppoſe the ſame, neither were the Engliſh there neglected, as your Lordſhips have been miſinformed, by ſuch who labour to destroy both Nations, and as a meanes thereto to divide them.
Beſides the goods ſeized neare Coventry, we have mentioned other particulars aſſerted to be ſeized, not without His Majeſties owne knowledge and direction, as we are informed, and are moſt unwilling to beleeve; Neither doe we underſtand it to be an excuſe for feizing ſome goods, to ſay that His Majeſty did forbeare to ſeize others in his Power, but when His Maieſty ſhall rightly ponder the horridneſſe of that Rebellion, we hope thoſe wicked Inſtruments who contrived, and doe ſupport the ſame, will have no power to alter His Maieſties tender ſenſe of the miſeries of His Proteſtant Subiects in that Kingdome, nor at all to leſsen His Piety and gracious Care for quenching the flames of that unhappy Rebellion.
We doe againe affirme unto your Lordſhips the truth of what we ſaid before concerning the Supplies of Ireland by the two Houſes, and it ſeemes ſtrange, that what hath been lately ſent, ſhould not be looked upon, as a ſupport of the Warre againſt the Rebels,135 by which onely the Proteſtants were inabled to defend themſelves, and to infeſt their Enemies; Nor can we imagine any other means as a ſupport of that juſt Warre, being moſt aſſured, that if this had not been done, the Rebels must certainly have prevailed, and the remnant of His Majeſties good Subjects of that Kingdomr have periſhed.
Your Lordſhips are pleaſed to remember ſome monyes by us imployed, particularly one hundred Thouſand Pounds, which was raiſed for Ireland, all which have been reſatisfied with advantage; And we muſt as often as you are pleaſed to repeat it, refer your Lordſhips, to our former juſt and clear Anſwers concerning the ſame, and the like for the Forces under the Command of the Lord Wharton; And we beleeve what your Lordſhips expreſſe, concerning the Forces brought hither to His Majeſty out of Ireland, after the Ceſſation, it being one end for which the Ceſſation was made, that thoſe Forces might be imployed against the two Houſes of Parliament here; And thoſe Scottiſh Forces which came over, were not ſent for.
We know of no Perſons who have returned into Ireland ſince the Ceſſation, except ſuch as were Agents for the procuring thereof, and divers principall Rebels who preſumed to addreſſe themſelves unto His Majeſty at Oxford, and were there countenanced.
It is probable, that ſome might endeavour to alienat•the hearts of the Officers of the Army there from the two Houſes, whereby their ſervice againſt the Rebels might be interrupted.
To that particular of the Subſcriptions of the Officers, and of the Committee ſent into Ireland, and of the diverſions of Monyes alleadged, and of the Copies of Letters given us by your Lordſhips, without the names of thoſe who ſubſcribed them; We have already given your Lordſhips a full and clear anſwer, but have not received ſatisfaction concerning the denyall of the Lord Whartons Commiſſion, whereby the ſervice of that Kingdome was much prejudiced.
It is ſo farre from being made appeare, that His Majeſties Engliſh Protestant Subiects in Ireland, could not ſubſiſt without a Ceſſation, that the untrary is undeniable, and that His Majeſties Proteſtant Subiects there, both Engliſh and Scottiſh, who have136 oppoſed that Ceſſation, have ſubſiſted and doe ſtill ſubſiſt, And we are ſory to find any inclination to continue that Ceſſation, which whenſoever made, will be eſteemed by all good Proteſtants a countenancing of that bloudy Rebellion.
We doe inſiſt upon our former Demands concerning Ireland, and doubt not but thoſe being granted, notwithſtanding our preſent miſerable Diſtractions here, we ſhall (by the bleſſing of God) bring thoſe bloudy Rebels to a ſpeedy and juſt puniſhment, and ſettle that unhappy Kingdome in their due Obedience to His Majeſty, and the Crowne of England.
IT is not poſſible for us to give a more cleare Anſwer, then weCLXXVIII. have done, to ſhew that there can no ſuch inconvenience follow, upon confirming the Ordinance of the 11th of April, by Act of Parliament, as your Lordſhips doe imagine; It being deſired that the Treaty of the ſixt of Auguſt, be in like manner confirmed; By which the Commanders of the Scottiſh Forces in Ireland, are to be anſwerable to His Majeſty and the two Houſes of Parliament of England, for their whole deportment and proceeding there; and it being deſired by the 13th Propoſition, that the proſecutions of the War of Ireland, ſhould be ſetled in both Houſes of Parliament; all which taken together, it cannot follow, that upon any diſagreement between the Committees there, the Earle of Leven may carry on the War according to his own diſcretion; as for our expreſſion (when there ſhall be a Lievtenant in Ireland) which was uſed in anſwer to your Lordſhips ſecond paper of the 20 of February, it was was to ſatisfie your Lordſhips, that there could be no interfering between the powers of the Lord Lievtenant, and of the Earle of Leven, and ſtill we ſay when there ſhall be a Lord Lievtenant choſen as is expreſſed in our 20th Propoſition, (for we do not admit the Marqueſſe of Ormond to be ſo) the Commander in cheife of the Scottiſh Army, is to receive Inſtructions from him in ſuch manner as we have laid it down, in that anſwer of ours to your Lordſhips paper above mentioned, which will, we hope, ſatisfie your Lordſhips other obiection, that this is not to deliver over the whole137 Kingdom of Ireland into the hands of His Maieſties Subiects of the Kingdom of Scotland, ſeeing ſuch of that Nation as are there imployed, are to be ſubordinate to the Committee of both Kingdoms and in caſe of diſagreement, an appeal lies to the two Houſes of the Parliament of England, in whom the power of proſecuteing the War is to be ſetled. And we muſt inſiſt to deſire that the Lord Leivtenant, and the Iudges in that Kingdome, may be nominated by the two Houſes of Parliament, who have by ſad experience (to the great coſt of this Kingdom, expence of ſo much treaſure and bloud, the loſse of many thouſand lives there, and almoſt of that whole Kingdom from His Maieſties obedience, and an ineſtimable preiudice to the true Proteſtant Religion,) found the ill conſequence of a bad choyce of perſons for thoſe great places of truſt. Therefore for His Maieſties honour, the good of His ſervice, the great advantage it will be to the reſt of His Maieſties Dominions the great comfort to all good Chriſtians, and even an acceptable ſervice to God himſelf, for the attaining of ſo much good, and the prevention of ſo much evill, they deſire to have the nomination of thoſe great Officers, that by a prudent and carefull Election, they may, by providing for the good of that now miſerable Kingdome diſcharge their duty to God, the King, and their Country. And certainly if it be neceſſary to reduce that Kingdome, and that the Parliament of England be a faithfull Councell to His Majeſty, and fit to be truſted with the proſecution of that Warre, (which His Majesty was once pleaſed to put into their hands, and they faithfully diſcharged their parts in it, notwithſtanding many practices to obſtruct their proceedings, as is ſet forth in ſeverall Declarations of Parliament) then we ſay your Lordſhips need not think it unreaſonable that His Majeſty ſhould engage himſelfe to paſse ſuch Acts as ſhall be preſented to him, for raiſing monyes and other neceſsaries for that Warre, for if the Warre be neceſsary (as never War was more) that which is neceſsary for the maintaining of it muſt be had, and the Parliament that doth undertake and manage it, muſt needs know what will be neceſsary, and the People of England, who have truſted them with their Purſe, will never begrudge, what they make them lay out upon that occaſion; Nor need His Majesty feare the Parliament will preſſe more upon138 the Subject then is fit in proportion to the occaſion; It is true, that heretofore Perſons about His Maieſty have endeavoured and prevailed too much, in poſseſſing him againſt the Parliament for not giving away the money of the Subiect, when His Maieſty had deſired it But never yet did His Maieſty reſtraine them from it, and we hope it will not be thought that this is a fit occaſion to begin; We are very glad to find that your Lordſhips are ſo ſenſible in your expreſſions of the Bloud and horror of that Rebellion and it is without all queſtion, in His Majeſties Power to do Juſtice upon it, if your Lordſhips be willing that the Ceſsation, and ali Treaties with thoſe bloudy and unnaturall Rebels be made voyd, and that the proſecution of the Warre be ſetled in the two Houſes of the Parliament of England, to be managed by the joynt advice of both Kingdomes, and the King to aſſiſt, and to doe no Act to diſcountenance or moleſt them therein: This we dare affirme to be more then a probable courſe for the remedying thoſe miſchiefs, and preſerving the remainder of His Maieſties good Subiects there. We cannot believe your Lordſhips will think it fit, there can be any Agreement of Peace; any respight from hoſtility with ſuch Creatures as are not fit to live, no more then with Wolves or Tygers, or any ravennous Beaſts, deſtroyers of mankind. And we beſeech you doe not think it muſt depend upon the condition of His Maieſties other Kingdomes to revenge or not revenge Gods quarrell upon ſuch perfidious Enemies to the Gospell of Chriſt, who have imbrued their hands in ſo much Proteſtant bloud, but conſider the Ceſſation that is made with them, is for their advantage, and rather a protection than a Ceſſation of Acts of hoſtility, as if it had been all of their owne contriving; Armes, Ammunition, and all manner of Commodities may be brought unto them; and they may furniſh themſelves, during this Ceſſation, and be aſſiſted and protected in ſo doing, that afterwards they may the better deſtroy the ſmall remainder of His Maieſties Proteſtant Subjects. We beſeech your Lordſhips in the bowells of Chriſtian charity, and compaſſion to ſo many poor Soules, who muſt periſh, if the strength of that raging Adverſary be not broken, and in the Name of him who is the Prince of Peace, who hates to be at Peace with ſuch ſhedders of Bloud, give not your conſents to the continuation139 of this Ceſſation of Warre in Ireland, and leſſe to the making of any Peace there, till Juſtice have been fully executed upon the Actors of that accurſed Rebellion. Let not the Judgement of Warre within this Kingdome, which God hath layed upon us for our ſinnes, be encreaſed by ſo great a finne, as any Peace or friendſhip with them; whatſoever becomes of us, if we muſt periſh, yet let us goe to our graves with that comfort, that we have not made Peace with the Enemies of Chriſt, yea even Enemies of mankind, declared and unreconciled Enemies to our Religion and Nation; Let not our Warre be a hindrance to that Warre, for we are ſure that Peace will be a hindrance to our Peace; We deſire Warre there, as much as we doe Peace here, for both we are willing to lay out our Estates, our Lives, and all that is deare unto us in this World; and we have made Propoſitions unto your Lordſhips for both, if you were pleaſed to agree unto them; We can but look up to God Almighty, beſeech him to oncline your hearts, and caſting our ſelves on him, wait his good time for the returne of our Prayers in ſetling a ſafe and happy Peace here, and giving ſucceſſe to our Endeavours in the proſecution of the Warre of Ireland.
It had been uſed by the Commiſſioners, during the Treaty, that when Papers were delivered in of ſuch length, and ſo late at night that preſent particular anſwers could not be given, by agreement between themſelves, to accept the anſwers the next day, dated as of the day before, although they were Treating of another Subject; And theſe two laſt papers concerning Ireland being of ſuch great length, and delivered about twelve of the clock at night, when the Treaty in time was expiring, ſo an no anſwer could be given without ſuch conſent and agreement, Therefore the King's Commiſſioners delivered in this Paper;
YOur Lordſhips cannot expect a particular anſwer from usCLXXIX. this night, to the two long Papers concerning Ireland, delivered to us by your Lordſhips, about twelve of the clock this night, but ſince there are many particulars in thoſe Papers, to140 which, if they had been before mentioned, we could have given your Lordſhips full ſatisfaction. And for that we preſume your Lordſhips are very willing to be ſatisfied in thoſe particulars, which ſo highly reflect upon His Majeſty, we deſire your Lordſhips to receive the Anſwers, which we ſhall prepare to thoſe papers, in the evening to Morrow, dated as of this night, and we doubt not to give your Lordſhips cleare ſatisfaction therein.
This deſire was not granted, nor any Paper delivered in anſwer to it, but ſoon after the Treaty broke off.
During the 20. daies Treaty, upon Religion, Militia, and Ireland, the particular paſſages whereof are before expreſſed, ſome other paſſages did occurre, concerning His Majeſties Propoſitions, and particularly for a**It is the ſixt of His Majeſties Propoſitions. Ceſſation, and touching His Majesties returne to Weſtminſter after disbanding of Armies, and further time for continuing or renewing the Treaty, which doe here follow. And firſt touching His Majeſties Propoſitions, the Kings Commiſſioners delivered in this Paper the ſecond day of the Treaty.
WE deſire to know, whether your Lordſhips have anyCLXXX. See His Majeſties Propoſitions no 8. And the Letter from the Earle of Eſſex no 9. That their Commiſſioners ſhould have Inſtructions to Treat upon them. Inſtructions concerning His Majeſties Propoſitions, for ſetling a ſafe and well grounded Peace; And if you have any touching the ſame, we deſire to have a ſight of them.
WE have not yet received Inſtructions concerning HisCLXXXI. Maieſties Propoſitions, and ſhall therefore acquaint the Lords and Commons Aſſembled in the Parliament of England, with the deſires expreſſed in that Paper, who having taken thoſe Inſtructions into their conſideration, before our comming from them, will ſend them to us in time convenient.
141After upon the third of February, His Majeſties Commiſſioners delivered this Paper, concerning His Majeſties ſixt Propoſition, for a Ceſſation of Armes.
WE deſire to know, whether your Lordſhips have receivedCLXXXII any Inſtructions concerning that Propoſition of His Majeſties for a Ceſſation; and if your Lordſhips have not received any, that you will endeavour to procure Authority to Treat thereupon; which we have power to doe, and conceive it very neceſſary, that during the time we are endeavourin•to eſtabliſh a bleſſed and happy Peace, the iſſues of blood may be ſtopped in this miſerable Kingdom, and His Maieſties oppreſſed and Languiſhing Subjects, have ſome earneſt and proſpect of the Peace we are endeavouring, by Gods bleſſing, to procure for them.
To this no particular Anſwer was given.
HAving now ſpent three daies ſeverally, upon each ofCLXXXIII your Lordſhips three Propoſitions, concerning Religion, the Militia, and Ireland, we deſire to know, whether your Lordſhips have received any inſtructions concerning His Majeſties Propoſitions, that we may prepare our ſelves to Treat upon them, when your Lordſhips ſhall think fit.
VVE have received Inſtructions, concerning His MaieſtiesCLXXXIV Propoſitions; And when the Houſes of Parliament ſhall be ſatisfied, in the good Progreſſe of the Treaty upon their Propoſitions concerning, Religion, the Militia, and Ireland, they will give time for the Treaty upon thoſe Propoſitions ſent by His Maieſty.
142But there was not any time given to Treat upon His Majeſties Propoſitions.
VVE have this day received directions from His Majeſty,CLXXXV. to move your Lordſhips, that you will endeavour to procure an addition of time for this Treaty, after the expiration of the daies limited for the ſame, upon the reaſons mentioned in His Majeſties Letter, which Letter we herewith deliver to your Lordſhips.
RIght Truſty, &c. Having received from you aCLXXXVI. particular accompt of your proceedings in the Treaty, and obſerving thereby how impoſſible it is, within the daies limited, to give ſuch full Anſwers to the three Propoſitions you are now upon, as you might, if upon Conſideration had of the reſt of the Propoſitions, you could clearely ſee, what fruit ſuch Anſwers will produce in order to a bleſſed Peace, for the preſent and the future good and happineſſe of this Kingdom; We have thought it fit to adviſe you, That you propoſe and deſire of the Commiſſioners with whom you Treat, that they will procure ſuch farther time to be allowed, after the expiration of the Twenty daies, as may be ſufficient for you, upon a full underſtanding one of another upon the whole, to make ſuch a Concluſion, that all Our Subjects may reap the143 Benefit good men pray for, Deliverance from theſe bloody diſtractions, and be united in Peace and Charity; And if you think fit, you may communicate this Our Letter to them. And ſo we bid you heartily farewell. Given at Our Court at Oxford 13. Feb. 1644.
COncerning the paper delivered by your Lordſhips for additionCLXXXVII of time for the Treaty, We can give no other anſwer, then that we will ſend Copies of His Maieſties Letter, and of the paper unto the Houſes of Parliament, and after ſignification of their pleaſure, we will give further anſwer.
YOur Lordſhips may pleaſe to take notice, that in the 20 dayesCLXXXVIII appointed to Treat upon the Propoſitions concerning Religion, Militia, and Ireland, the firſt Thurſday, and three Sundayes, are not to be included.
BY our paper delivered to your Lordſhips the 14th of thisCLXXXIX. moneth, we moved your Lordſhips to endeavour an addition of time for this Treaty, after the expiration of the dayes limited for the ſame, upon the reaſons mentioned in His Majeſties Letter, which letter, we then delivered to your Lordſhips; whereunto your Lordſhips then returned anſwer, that144 you would ſend Copies of His Majeſties Letter, and of our paper to the Houſes of Parliament, and after ſignification of their pleaſure, you would give farther Anſwer; we now deſire to know, whether there may be an addition of time for this Treaty, after the expiration of the dayes limited for the ſame, upon the reaſons mentioned in His Maieſties ſaid letter, and what time may be added.
YOur Lordſhips paper of the 14th of this moneth, for an additionCXC. of time for this Treaty, together with His Maieſties Letter concerning the ſame, were ſent by us to the Houſes of Parliament, who (**See their Paper, before 11. February, no. 185. as we have already acquainted your Lordſhips) have declared, That if they ſhall be ſatisfied in the good progreſse of the Treaty upon the Propoſitions, concerning Religion, the Militia, and Ireland, will give time for the Treaty upon the Propoſitions by His Majeſty; but farther then this, have not, as yet, ſignified their pleaſures unto us.
HAving now ſpent 18 dayes with your Lordſhips, in theCXCI. Treaty upon Religion, the Militia, and Ireland, & beſides the preſent ſatisfaction we have given your Lordſhips in thoſe particulars, we having offered that further conſideration, and order be taken therein by His Majeſtie, and the two Houſes of Parliament; and your Lordſhips having propoſed many important things in the ſaid ſeverall particulars to be framed, ſetled, & diſpoſed by the two Houſes, before a full Agreement can be eſtabliſhed, we propoſe to your Lordſhips, whether the two dayes remaining may not be beſt ſpent, towards the ſatisfying your Lordſhips in thoſe 3 Propoſitions, and the procuring a ſpeedy bleſſed Peace, upon finding out ſome expedient for His Majeſties repaire to Weſtminſter, that ſo all differences may be compoſed, and this poor Kingdom be reſtored to it's Ancient happines and ſecurity; and to that purpoſe if your Lordſhips ſhall think fit, we are willing to Treat with your Lordſhips,145 concerning the beſt meanes whereby (all Armies being firſt disbanded) His Maieſtie may with honour, freedom, and ſafety, be preſent with his two Houſes of Parliament at Weſtminſter; To which two particulars, that is, firſt concerning the Disbanding all Armies, and then for His Majeſties ſpeedy repayre and reſiding at VVeſtminſter, with Honour, Freedom, and ſafety; We ſhall (if your Lordſhips think fit) apply our ſelves, and accordingly to morrow, will be ready to deliver to your Lordſhips ſome Propoſitions upon that ſubject; And if your Lordſhips ſhall concurre with us herein, we hope it will be a good inducement to procure an addition of time to this Treaty, according to His Majeſties Propoſition in his late Letter to Vs, which we delivered to your Lordſhips.
VVE ſhall according to mutuall agreement between His MajeſtyCX CII. and the two Houſes of the Parliament of England, and the Commiſſioners for the Parliament of Scotland, Treat theſe two remaining dayes upon the three Propoſitions for Religion, the Militia, and Ireland, and ſhall be glad to receive ſatisfaction in them from your Lordſhips as the beſt expedient for procuring a speedy and bleſsed Peace, that the Armies may be disbanded, and the happineſse of His Maieſties preſence may againe be enjoyed by thoſe, who have nothing more in their prayers and endeavours, then by His Maieſties coniunction with his Parliament to ſee all theſe ſad differences compoſed, and theſe diſtracted Kingdomes reſtered to their Ancient happineſse and ſecurity: Accordingly we ſhall be ready to begin againe to morrow upon the Propoſitions for Religion, and receive what your Lordſhips will propoſe, and being ſatisfied upon that and the other two Propoſitions, we are confident we ſhall have further time given us to Treat upon ſuch other particulars, as ſhall be neceſsary for the attaining of thoſe ends we all deſire.
There was no other Anſwer given concerning His Majeſties Commiſſioners deſire to Treat touching His returne to146 Weſtminſter, and Disbanding Armies, whereupon His Majeſties Commiſſioners delivered this Paper;
VVE conceive that the reaſons why your Lordſhips doeCXCIII. not give us any Anſwer to our Paper, concerning the Treating for the disbanding all Armies, and for His Majeſties comming to Weſtminſter, may be, becauſe you have no authority by your Inſtructions ſo to doe, though we propoſed the ſame to your Lordſhips, and doe ſtill conceive it moſt conducing to the concluſion of the Propoſitions, upon Religion, the Militia, and Ireland; upon which we have Treated. And we therefore deſire your Lordſhips, that you will endeavour to have your Inſtructions ſo enlarged, that we may Treat upon ſo important and neceſſary an expedient for the publique Peace. In the mean time we ſhall be ready to receive whatſoever your Lordſhips pleaſe to propoſe in the buſineſſe of Religion, preſuming, that if your Lordſhips are not ſatisfied with our Anſwer therein, in which we have applyed remedies to whatſoever hath ever been complained of as a grievance in the preſent Government of the Church, that your Lordſhips will make it appeare**See their Paper. no. 68. referring to this. that the Government by Biſhops is unlawfull; or that the Government you intend to introduce in the roome thereof, is the only Government that is agreeable to the word of God; either of which being made evident to us, we ſhall immediately give your Lordſhips full ſatisfaction in that you propoſe.
BY our paper delivered to your Lordſhips 1. February, weCXCIV. did deſire to know, whether your Lordſhips have any Inſtructions concerning His Majeſties Propoſitions for ſetling a ſafe and well grounded Peace; And by our paper of the third of Feb. we did deſire to know, whether your Lordſhips had received any Inſtructions concerning that Propoſition of His Majeſty for a Ceſſation, and if your Lordſhips had not received any, that you would endeavour to procure authority to Treat thereupon;147 And by our Paper of the 10th of Feb. we did deſire to know, whether your Lordſhips had received any Inſtructions concerning His Majeſties Propoſitions, that we might prepare our ſelves to Treat upon them, when your Lordſhips ſhould think fit; And by our paper delivered to your Lordſhips, 14th Feb. we moved your Lordſhips upon direction•received from His Majeſty, that you would endeavour to procure an addition of time for this Treaty, after the expiration of the dayes limited for the ſame, upon the reaſons mentioned in His Majeſties Letter, which Letter we then delivered to your Lordſhips; And by our Paper delivered to your Lordſhips the 20th of this month, we moved your Lordſhips to endeavour an addition of time for this Treaty, after the expiration of the dayes limited for the ſame, upon the reaſons mentioned in His Maieſties ſaid Letter, to which we have not yet received full Anſwer; Nor have we yet had any notice from your Lordſhips, whether the two Houſes of Parliament have given any further time for this Treaty; And having hitherto according to the order preſcribed us Treated onely upon the three firſt heads of Religion, the Militia, and Ireland, and the twenty dayes expiring this day, we againe deſire to know, whether there is any addition of time granted for this Treaty, our ſafe Conduct being but for two dayes longer.
YOur Lordſhips Papers of the firſt, third, and tenth of Feb.CXCV. whether we had any Instructions concerning His Majeſties Propoſitions and power to Treat for a Ceſſation, as alſo your Papers of the 14 and 20th of Feb. concerning His Majeſties Letter for an addition of time to this Trenty, with your Lordſhips deſire thereupon, have been by••ſent up to both Houſes of Parliament from time to time, as we received them, together with our Anſwer given to them; and in our Anſwers we have from time to time declared to your Lordſhips, that when the Houſes ſhall be ſatisfied in the good progreſſe of the Treaty upon their Propoſitions concerning Religion, Militia, and Ireland, they will give an addition of time for the Treaty; And we doe conceive, that if your Lordſhips148 Anſwers to our Demands concerning Religion, the Militia, and Ireland, had been ſuch, as to have given ſatisfaction in the good progreſſe of this Treaty, mutually conſented for twenty dayes upon the ſaid Propoſitions, we ſhould have before this been enabled with power to continue the Treaty, aſwell upon his Majeſtie's as the reſt of the Propoſitions. But your Lordſhips having not given full and ſatisfactory Anſwers concerning Religion, the Militia, and Ireland, you cannot, for the reaſons above mentioned, expect an addition of time; neither have we received any Inſtructions to continue this Treaty longer then the twenty dayes, of which this is the laſt: And as for your Lordſhips ſafe Conduct, we conceive the three Sundayes laſt paſt being not accompted any dayes of the Treaty, ſo this next Sunday is not to be eſteemed one of the two dayes allowed after the Treaty in your Lordſhips ſafe Conduct, but your Lordſhips are to have two dayes beſides this next Lords day.
WE cannot expreſſe the great ſadneſſe of our hearts, thatCXCVI. all our earneſt endeavours to give your Lordſhips ſatisfaction in all particulars of this Treaty, have produced no better effects towards a bleſſed Peace, which His Majeſty, and we who are truſted by him, doe ſo heartily pray for, and that ſo many and great offers made by us to your Lordſhips in the particulars we have treated upon, ſhould not be thought a good progreſſe on our part in the ſaid Treaty, as we find by your Lordſhips laſt paper (to our great griefe) they are not; and therefore that this muſt be the laſt day of the Treaty, we deſire your Lordſhips to conſider, that we being intruſted by His Majeſty to Treat with your Lordſhips for a ſafe & well grounded Peace, have upon the matter of your Lordſhips Propoſitions, conſented to ſo many particulars and alterations of very great importance, and that your Lordſhips, who were to Treat with us, have not abated one tittle of the moſt ſevere and rigorous of your Propoſitions, ſaving what you were pleaſed the laſt night to propoſe in the poynt of time concerning the Militia, which though it ſeems to be limited to ſeaven years, in149 truth leaves it as unlimited as it was before in your Propoſitions, for at the end of ſeaven years, it muſt not be exerciſed otherwiſe then ſhall be ſetled by His Majeſty and the two Houſes of Parliament: ſo that all the legall power now in His Majeſty is taken away, and not reſtored after the ſeaven years expired. Neither is there a full conſent to that limiration offered by your Lordſhips the Commiſsioners of the Parliament of Scotland. Nor have your Lordſhips offered to us any proſpect towards Peace, other then by ſubmitting totally to thoſe Propoſitions, the which if we ſhould doe, we ſhould conſent to ſuch alterations, as by conſtructions and conſequences may diſſolve the whole frame of the preſent Government, both Eccleſiaſticall and Civill, in this Kingdom. And though the particulars propoſed by your Lordſhips, have by debate appeared, not only evidently unreaſonable, but literally conſidered, to comprehend things, to be extended, to powers not intended by your ſelves, yet your Lordſhips have not been pleaſed, either to reſtraine or interpret any particular in any other manner, then is ſet forth in the ſaid Propoſitions.
In the matter of Religion, we have offered all ſuch alterations, as we conceive may give ſatisfaction to any objections that have been, or can be made againſt that Government, and have given your Lordſhips reaſons, not only why we cannot conſent to your Lordſhips Propoſitions, but that even thoſe Propoſitions, if conſented to, could not be in order to a Reformation, or to the procuring the publique Peace. And we muſt deſire your Lordſhips to remember, that though you doe not only in your Covenant (which you require may be taken by His Majeſty, and injoyned to be taken by all His Subjects) undertake the Reformation in poynt of Government, but even in poynt of Doctrine too, thereby laying an imputation upon the Religion it ſelfe, ſo long profeſſed in this Kingdom with the generall approbation of all reformed Churches; yet your Lordſhips have not given us the leaſt argument, nor ſo much as intimated in your debate, the leaſt Prejudice to the Doctrine of the Church of England, againſt which we preſume you cannot make any colourable150 objection, nor have you given us the view in particular, of the Government you deſire ſhould be ſubmitted to, in the place of that you propoſe to be aboliſhed; and therefore we propoſe to your Lordſhips, if the alterations propoſed by us, doe not give your Lordſhips ſatisfaction, that ſo great an alteration as the totall abolition of a Government eſtabliſhed by Law, may for the importance of it, and any reformation in Doctrine, for the ſcandall of it, be ſuſpended, till after the disbanding of all Armies, His Maieſty may be preſent with the two Houſes of Parliament, and calling a Nationall Synod, may receive ſuch advice both from the one and the other, as in a matter of ſo high concernment is neceſſary; And we are moſt confident that His Majeſty will then follow the advice which ſhall be given him. And as any Reformation thus regularly and calmely made, muſt needs prove for the ſingular benefit and Honour of the Kingdom; ſo we muſt appeale to your Lordſhips, whether the centrary, that is an alteration even to things though in themſelves good, can, by the principles of Chriſtian Religion, be enforced upon the King or Kingdom?
In the buſineſſe of the Militia, though your Lordſhips doe not deny that the Iealouſies and apprehenſions of danger are mutuall, and that the chiefe end of depoſiting the Militia in the hands of certain Perſons, is for ſecurity againſt thoſe Jealouſies and poſſible dangers, yet your Lordſhips inſiſt, That all thoſe Perſons to be entruſted, ſhall be nominated by the two Houſes of Parliament in England, and the Eſtares of the Parliament in Scotland, and that the time for that great Generall, and unheard of Truſt, ſhall be in ſuch manner, that though it ſeem to be limited to ſeaven years, yet in truth by declaring, That after thoſe ſcaven years, it ſhall not be otherwiſe exerciſed then His Maieſty and the two Houſes of Parliament ſhall agree, and His Maieſty may thereby be totally, and for ever diveſted of the power of the Sword, without which He can neither defend himſelfe againſt Forteigne Invaſions, or Domeſtick Inſurrections, or execute His Kingly Office in the behalfe of His Subjects, to whom He is Sworne to give Protection: And to both theſe your Lordſhips adde the introducing a151 Neighbour Nation, governed by diſtinct and different Lawes (though united under one Soveraigne) to a great ſhare in the Government of this Kingdom. In ſtead of conſenting to theſe Changes, we have offered and propoſed to your Lordſhips. That the Perſons to be Truſted with the Militia of the Kingdom, may be nominated between us; or if that were refuſed. That an equall number ſhall be named by you, and the other number by His Majeſty, and that halfe the Forts and places of ſtrength within the Kingdom, ſhall be in the cuſtody of thoſe whom you think fit to be truſted therewith, & the other halfe, in ſuch hands as His Majeſty pleaſe to commit the ſame to And all perſons, as well thoſe nominated by your Lordſhips, as by His Majeſty, to take an Oath for the due diſcharge of the ſaid Truſt, which being conſidered as the ſceurity is mutuall, ſo neither part can be ſuppoſed to violate the agreement, without very evident inconvenience and danger to that part who ſhall ſo violate it, the whole Kingdom being likely, and indeed obliged to look upon, whoſoever ſhall in the leaſt degree violate this agreement, as the authors of all the miſeries which the Kingdom ſhall thereby ſuffer. And as it is moſt reaſonable, that for this ſecurity, His Majeſty ſhould part with ſo much of his own power, as may make him even unable to break the agreement, which ſhould be now made by him and on his part, ſo it is moſt neceſſary, that all apprehenſion and danger of ſuch breach being over, that ſoveraign power of the Militia ſhould revert into the proper channell, and be, as it hath alwaies been, in His Majeſties proper and peculiar charge: And therefore we have propoſed that the time limited for that truſt, ſhould be for three years, which by the bleſſing of God, will product a perfect underſtanding between His Majeſty and all His people; and if there ſhould be any thing elſe neceſſary to be done in this argument, either for power or time, that the ſame be conſidered after the ſettlement of Peace in Parliament; but whatever is now, or hereafter ſhall be thought neceſſary to be done, we deſire may by ſo ſetled, that this Kingdom may depend upon it ſelfe, and not be ſubject to the Lawes or advice of Scotland, as we think ſit, that Scotland, ſhould not receive152 rules or advice from this, having offered the like for Scotland as for England.
In the buſineſſe of Ireland your Lordſhips propoſe not only, that His Maieſty diſelaime and make voyd the Ceſſation, made by His Royall Authority, and at the deſires of the Lords Iuſtices, and Councell of that Kingdom, and for the preſervation of the remainder of His poore Proteſtant Subiects there, who were in evident danger of deſtruction, both by Famine and the Sword, but alſo to put the whole managery of that Warre and diſpoſall of the Forces within that Kingdom, and conſequently the Government of that Kingdom, into the hands of the Scots Generall, to be managed by the advice of a joynt Committee of both Kingdoms, wherein each ſhould have a Negative Voyce; In Anſwer to which, we have acquainted your Lordſhips, with the juſt grounds of His Majeſties proceedings in the buſineſſe of Ireland, which we are confident, being weighed without preiudice, may ſatisfy all men of His Maieſties Piety and Iuſtice therein; And we are very ready and deſirous, to joyne with your Lordſhips in any courſe which may probably preſerve and reſtore that miſerable Kingdom.
Having put your Lordſhips in mind of theſe particulars, as they have a generall reference to the publique good of the Kingdomes, we beſeech your Lordſhips to conſider, that we have this great Truſt repoſed in us by His Maieſty, and to remember how farre theſe Propoſitions trench upon His peculiar Kingly Rights, without any, or any conſiderable recompence or compenſation.
In the buſineſſe of Religion, your Lordſhips propoſe the taking away the His whole Eccleſiaſticall Iuriſdiction, His Donations, and Temporalties of Biſhopricks, His firſt Fruits, and Tenths of Biſhops, Deanes and Chapters, inſtead whereof your Lordſhips do not offer to conſtitute the leaſt dependance of the Clergy upon His Maieſty; and for that ſo conſiderable a part of His Revenue, you propoſe only the Biſhops Lands to be ſetled on His Maieſty, (reſerving a power to diſpoſe even thoſe Lands as you ſhall think fit) whereas all the Lands both of Biſhops, Deanes and Chapters (if thoſe Corporations muſt be153 diſſolved) doe undoubtedly belong to His Majeſty in His own Right.
In the buſineſſe of the Militia; as it is propoſed, His Majeſty is ſo totally diveſted of the Regall Power of the Sword, that He ſhall be no more able, either to aſſiſt any of His Allies with ayd, though men were willing to engage themſelves voluntarily in that ſervice, or to defend His own Dominions from Rebellion or invaſion, and conſequently the whole power of Peace and Warre (the acknowledged and undoubted Right of the Crowne) is taken from Him.
In the buſineſſe of Ireland, the power of nominating His Lievtenant, or Deputy, and other Officers there, of managing, directing, or in the leaſt manner of medling in that Warre, or of making a Peace, is propoſed to be taken, from Him; and to adde to all theſe attempts upon His Kingly Rights, it is propoſed to bereave Him of the Power of a Father, in the Education and Marriage of His own Children, and of a Maſter, in the rewarding His own Servants; And therefore we referre it to your Lordſhips, whether it be poſſible for us, with a good Conſcience and diſcharge of the Truſt repoſed in us, to Conſent to the Propoſitions made to us by your Lordſhips? Laſtly, we muſt obſerve to your Lordſhips, That after a Warre of neare foure years, for which the Defence of the Proteſtant Religion, the Liberty and Property of the Subject, and the Priviledges of Parliament were made the cauſe and grounds, in a Treaty of Twenty daies, nor indeed in the whole Propoſitions upon which the Treaty ſhould be, there hath been nothing offered to be Treated, concerning the breach of any Law, or of the Liberty or Property of the Subject, or Priviledge of Parliament: but only Propoſitions for the altering a Governmenment Eſtabliſhed by Law, and for the making new Lawes, by which almoſt all the old are, or may be cancelled; and there hath been nothing inſiſted on of our part which was not Law, or denied by us, that you have demanded, as due by Law.
All theſe things being conſidered, and being much afflicted that our great hope and expectation of a Peace, is for the preſent fruſtrated by your Lordſhips**See their laſt Paper. Declaration, that no more154 time will be allowed for this Treaty, we are earneſt Suitors to your Lordſhips, that you will interpoſe with the two Houſes, to whom we beleeve you have tranſmitted the Anſwers delivered by us to your Lordſhips upon Religion, the Militia, and Ireland, That this Treaty, though for the preſent diſcontinued may be revived, and the whole matter of their Propoſitions, and thoſe ſent to them by His Majeſty, which have not yet been Treated on, may be conſidered; and that depending that Treaty, to the end we may not Treat in Bloud, there may be a Ceſſation of Armes, and that the poor People of this Kingdome, now expoſed to Plundrings and Spoyles, and other direfull effects of Warre, may have ſome earneſt of a bleſſed Peace. And becauſe this Treaty is now expiring, if your Lordſhips cannot give a preſent Reſolution, we deſire when you have repreſented this to the two Houſes, His Majeſty may ſpeedily receive their Anſwer.
WE conceive your Lordſhips cannot in reaſon expect an anſwerCXCVII. to the long paper delivered to us very late this night at the cloſe of the Treaty, a thing of many dayes labour, which we apprehend to be rather a declaration upon the Treaty, then any part thereof, and we could not imagine would be offered, but we cannot forbeare, upon the reading thereof, to mention thus much That it ſeemes by many particulars in that Declaration, it was reſolved the Treaty ſhould end with the 20 dayes, the meanes to continue it, being well known to be a good progreſſe in the Propoſitions for Religion, the Militia, and Ireland, and by what we hav•received, we cannot find any ſatisfaction in theſe was intended to be agreed unto.
To that, whereby your Lordſhips aſcribe ſo much to your own Conceſſions, we ſhall only ſay; That for Religion you have granted very little or nothing, but what we are already in poſſeſſion o•by the Lawes of this Kingdome. For the buſineſſe of the Militia your Lordſhips have not thought fit, to conſent to any one of ou•155demands, but in that, as in Religion, have made ſome new Propoſitions of your own, which are not in any degree ſufficient for ſetling, and ſecuring the Peace of the Kingdoms; As for the Propoſitions for Ireland, your Lordſhips have bin ſo far from affording a conſent thereto, that you have iuſtified the diſtructive Ceſſation there, and ſtrongly implyed an intention to renew the ſame, and have not yeelded to any part of our Propoſitions concerning that Kingdom•we ſhall repreſent your Lordſhips papers to the Parliaments of both Kingdoms, who upon due conſideration thereof, will do what is farther neceſſary for the good and Peace of His Maieſties Dominions.
Beſides theſe ſeverall deſires aboue mentioned from time to time for addition, and enlargment of time, for continuing and prolonging the Treaty, or if diſcontinued, that it might be revived, and after a repreſentation to the Houſes, their anſwer might be ſent to His Maieſty. In another paper before No. 135. upon the head of the Militia, His Maieſties Commiſſioners did propoſe, That if the Treaty might not then continue, it might be Adiourned for ſuch time as they ſhould think fit, and not totally diſſolve, but be again reſumed; which paper is not here inſerted, to avoyd repetition, being before upon the head of Militia, and to which, as to that point of Adiournment, no anſwer was given.
No papers were given in to their Commiſſioners, in anſwer to the laſt mentioned paper, dated the 22 of Feb. No. 197, which came in about two of the clock in the morning after; Nor to that of the ſame date No. 135. concerning the Militia, which came in with it; Nor to their two laſt concerning Ireland of the 22 of Feb. No 177, and 178, which came in about 12 of the clock that night all which were of ſuch length, & delivered upon the cloſe of the Treaty, and thoſe which came in about two of the clock upon the departure of the Commiſſioners, that it was impoſſible to give preſent anſwers, nor could any be given after, as part of the Treaty, without conſent, which was required by His Maieſties Commiſſioners, but not granted;156 neither is any thing here inſerted in anſwer to thoſe papers, becauſe by the agreements between the Commiſſioners in the beginning of the Treaty, nothing was to be taken as part of the Treaty, but what ſhould be put in writing. And this Relation is intended only for a Narrative of the Treaty, (conformable to the agreements) without any obſervations upon it, or additions unto it, other then neceſſary Introductions, and Tranſitions for coherence, and more cleare underſtanding the Paſſages of the Treaty.
WEE being deeply ſenſible of the miſeriesI. and calamities of this Our Kingdom, and of the grievous ſufferings of Our poor Subjects, do moſt earneſtly deſire, that ſome expedient may be found ou•, which, by the bleſſing of God, may prevent the further effuſion of blood, and reſtore the Nation to Peace; from the earneſt and conſtant endeavouring of which, as no diſcouragement given Vs on the contrary part ſhall make Vs ceaſe, ſo no ſucceſſe on Ours ſhall ever divert Vs. For the effecting whereof, We are moſt ready and willing to condeſcend to all that158 ſhall be for the good of Vs and Our People, whether by way of confirmation of what we have already granted, or of ſuch further co•ceſſion, as ſhall be requiſite to the giving a full. Aſſurance of the Performance of all Our moſt reall Profeſſions, concerning the maintenance of the true Reformed Proteſtant Religion eſtabliſhed in this Kingdom, with due regard to the eaſe of tender co•ſciences, the juſt Priviledges of Parliament, and the Liberty and Property of the Subject, according to the Lawes of the Land; As alſo by granting a generall Pardon without or with exceptions, as ſhall be thought fit. In order to which bleſſed Peace, We do deſire and propound to the Lords a•d Commons of Parliament aſſembled at Weſtminſter, That they appoynt ſuch, and ſo many Perſons as they ſhall think fit, ſufficiently authoriz•d by them, to attend Vs at Our Army, upon ſafe conduct, to come and returne, (which we doe hereby grant) and conclude with Vs, how the Premiſſes, and all other things in queſtion betwixt Vs and them, may be fully ſetled; whereby all unhappy miſtakings betwix•Vs and Our People being removed, there may be a preſent Ceſſation of Armes, and, as ſoon as may be, a totall Diſbanding of all Armies, the Subject have his due, and We be reſtored to Our Rights. Wherein if this Our offer ſhall be accepted, there ſhall be nothing wanting on Our part, which may make our people ſecure and happy.
Given at Our Court at Eveſhamthe 4. of Iuly, 1644.
IT having pleaſed God in ſo eminent aII. manner, lately to bleſſe Our Armies in theſe parts with ſucceſſe, We do not ſo much joy in that bleſſing for any other conſideration, as for the hopes We have that it may be a meanes to ma•e others lay to heart, as We do, the miſeries brought and continued upon Our Kingdom by this unnaturall War, and that it may open your eares, and diſpoſe your mindes, to embrace thoſe offers of Peace and Reconciliation, which have been ſo often, and ſo earneſtly made unto you by Vs, and from the conſtant and fervent endeavours of which We are reſolved never to deſiſt. In Purſuance whereof, We do, upon this occaſion, conjure you to take into conſideration Our (too long neglected) Meſſage of the fourth of Iuly from Eveſham, which We again renue unto you; And that you will ſpeedily ſend Vs ſuch an Anſwer thereunto, as may ſhew unto Our poor Subjects, ſome light of a deliverance from their preſent calamities, by a happy Accommodation, toward which We do here engage the word of a King, to make good all thoſe things which We have therein promiſed, and really to endeavour a happy concluſion of this Treaty. And ſo God direct you in the wayes of Peace. Given at Our Court at Taveſtock the 8. of September. 1644.
WHEREAS the Government of theIII. Church of England, by Arch-Biſhops, Biſhops, their Chancellours, and Commiſſaries, Deanes, Deanes and Chapters, Arch-Deacons, and other Eccleſiaſticall Officers, depending upon the Hierarchy hath by long experience been found to be a great impediment to the perfect Reformation, & growth of Religion, and very prejudiciall to the Civill State & Government of the Kingdom; Be it therefore Enacted by the King's moſt Excellent Majeſty, and the Lords and Commons in this preſent Parliament aſſembled, and by the authority of the ſame, that from ▪ and after the fifth day of November, in the yeare of our Lord, one Thouſan•ſix Hundred fortie and three, there ſhall be no Arch-Biſhop, Biſhop, Chancellour, or Commiſſarie of any Arch-Biſhop, or Biſhop, nor any Deane, Sub-Deane, Deane and Chapter, or Arch-Deacon, nor any Chancellour, Chaunter, Treaſurer Sub-Trea•urer, Succentor, or Sacriſt, of any Cathedrall, or Collegiate Church, nor any Prebendary, Canon, Canon-Reſidenciary, Petty-Canon, Vicar, Chorall, Choriſters, Old-Vicars, or new-Vicars, of, or within any Cathedrall, or Collegiate Church or any other their Officers, within this Church of England, or Dominion of Wales; And that from, and after the ſaid fifth day of Novemb. the Name, Title, Dignity, Iuriſdiction, Office, and Function, of Arch-Biſhops, Biſhops, their Chancellours, and Commiſſaries, Deanes, Sub-Deanes, Deanes and Chapters, Arch-Deacons, Canons, and Prebendaries, and all Chaunters, Chauncellours, Treaſurers, Sub-Treaſurers, Succentors, and Sacriſts, and all Vicars, Corall, and Choriſters, old-Vicars, and new-Vicars, and every of them, and likewiſe the having, uſing, or exerciſing of any Power, Iuriſdiction, Office, or Authority, by reaſon, or161 colour of any ſuch Name, Title, Dignity, office, or Function, within this Realme of England, or Dominion of Wales, ſhall thenceforth ceaſe, determine, and become abſolutely voyd, and ſhall be aboliſhed out of this Realme, and the Dominion of Wales, any Ʋſage, Law, or Statute to the con•rary in any wiſe notwithſtanding. And that from, and after the ſaid fifth day of November, no Perſon or Perſons whatſoever ▪ by virtue of any Letters Patents, Commiſſion, or other authority derived from the Kings Majeſtie, His Heires, or Succeſſors, ſhall uſe or exerciſe any Iuriſdiction Eccleſiaſticall, within this Realme, or Dominion of Wales, but ſuch, and in ſuch manner as ſhall be appointed, and eſtabliſhed by Act of Parliament. And that all Counties, Palatine, Mannors, Lordſhips, Caſtles, Granges, Meſſuages, Mills, Lands, Tenements, Meadows, Leaſues, Paſtures, Woods, Rents, Reverſions, Services, Parks, Annuiti•s ▪ Franchiſes Liberties, Priviledges, Immunities, Rights, Rights of Action, and of Entrie, Intereſts Titles of Entrie, Conditions, Commons, Courts-Leete, and Courts-Baron, and all other Poſſeſſions, and Herediments whatſoever, of what nature or quality ſoever they be or whereſoever they lie or be (other then Impropriations Parſonages Appropriats, Tithes, Oblations, Obventions, Pention Portions of Tithes, Parſonages, Vicarages, Churches, Chapp•ls ▪ Advowſons, Nominations, Collations, Rights of Patronage, and Preſentation,) which now are, or lately were of, or belonging unto any Arch-Biſhop ▪ Biſhop, Arch-biſh•prick, or Biſhop•i•k, or any of them, or which they or any of them held, or injoy•d in right of their ſaid Arch-biſh•prick, or Biſhoprick, reſpectively ▪ ſhall by the authority of Parliament, be veſted adjudged ▪ and deemed to be and ſhall be in the very real ▪ and actuall poſſeſſion, and ſeiſin of the Kings Majeſty, His Heires and Succeſſors; And ſhall have, hold, poſſeſſe, and enioy the ſame, to Him His Heires and Succeſſors without any Entrie, or other Act whatſoever, and that the Kings Maieſtic, His Heires and Succeſſors, His and their Leſſees, Farmers and Tenants ſhall hold an••n•oy, the ſame diſcharged and acquitted of payment of Tithes ▪ as f•eely and in as large, ample, and beneficiall meanes to all intents and purpoſes, as any Arch-Biſhop or B•ſhop, at any time or times within the ſpace of two yeares laſt paſt, held or injoyed, or of right ought to have162 held or inioyed the ſame. Provided nevertheleſſe, and be it enacted by the authority aforeſaid, that all Leaſes, Grants, Guifts, Letters Patents, Conveyances, Aſſurances, or Eſtates whatſoever, hereafter to be made by the Kings Maieſtie ▪ His Heires or Succeſſors, of any the Mannors, Lands, Tenements, Hereditaments, which in or by this Act ſhall come or be limited, or diſpoſed of, unto His Maieſtie, His Heires or Succeſſors, (other then for the Terme of one and twenty yeares, or three Lives, or ſome other Terme of yeares determinable, upon one two or three Lives, and not above from the time as any ſuch Leaſe or Grant ſhall be made or granted, whereupon the accuſtomed yearely Rent or more, ſhall be reſerved and payable yearely during the ſaid Terme: And whereof any former Leaſe is in being, not to be expired, ſurrendred or ended, within three yeares after the making of any ſuch new Leaſe ▪ ſhall be utterly voyd and of none effect, to all intents conſtructions and purpoſes, any clauſe or words of (non obſtante) to be put in any ſuch Patent, Graunt, Conveyance, or Aſſurance, and any Law, Ʋſage ▪ Cuſtome, or any thing in this Act to the contrary, in any wiſe notwithſtanding. And be it further Enacted and Ordained, that all Impropriations, Parſonages Appropriate, Tithes, Oblations, Obventions, Portions of Tithes, Parſonages, Vicaridges, Churches, Chappels, Advowſons, Nominations, Collations, rights of Patronage and Preſentation, which now are, or lately were belonging unto any Arch-Biſhop, or Biſhop, Arch-biſhoprick, or Biſhoprick ▪ And all Mannors, Caſtles, Lordſhips, Granges, Meſſuages, Mills, Lands, Tenements, Meadowes, Paſtures, Woods, Rents, Reverſions, Services, Parſonages Appropriate, Tithes, Oblations, Obventions, Penſions, Portions of Tithes, Parſonages, Ʋicaridges, Churches, Chappels, Advowſons, Nominations, rights of Patronage, and Preſentation, Parkes, Arnuities, Franchiſes, Liberties, Priviledges, Immunities, Rights, Rights of Action, and of Entrie, Intereſts, Titles of Entire, Conditions, Commons, Courts Leete, and Courts Baron, and all other Poſseſſions, and Hereditaments whatſoever, of what nature or quality ſoever they be, or whereſoever they lie or be, which now are, or lately were of, or belonging to any Sub-Deane, Deane, Deane and Chapter, Arch-Deacon, Chanter, Chancellor, Treaſurer, Sub -163 Treaſurer, Succentor, Sacriſt, Prebendary, Cannon, Cannon Reſidentia•ie, Petty-Cannon, Vicars, Chorall, Choriſters, old Vic•rs and•ew Vicars ▪ or any of them, or any of the Officers of them, or any of them which they held, or inioyed in right of their ſaid Dignities, Churches, Corporations, Offices, or Places, reſpectively ſhall by Authority of this preſent Parliament be Veſted, Adjudged, and deemed to be, and ſhall be in the very reall and actuall Poſſeſſion, and Seiſin, of Sr William Roberts Knight, Thomas Atkins ▪ Sr Wollaſton, Iohn Warner, Iohn Towes ▪ Aldermen of the City of London, Iohn Packer Eſquire, Peter Malborne Eſquire, and they ſhall have, hold, poſseſse, and enioy the ſame to them, their Heires and Aſſignes, without any Entrie or other Act whatſoever, and that for themſelves, their Leſſees, Farmers ▪ and Tennants, diſcharged and acquitted of payment of Tithes, as freely, and in as large, ample, and beneficiall manner to all Intents, and Purpoſes, as any of the Perſons, or Corporations, whoſe offices or places are taken away by this Act at any time, or times within the ſpace of two yeares now laſt paſt, held, or enjoyed, or of right ought to have held, or enjoyed the ſame In truſt, and Confidence nevertheleſſe, and to the intent, and purpoſe that they the ſaid Sir William Roberts Knight ▪ Thomas Atkins, Sir Iohn Wol•aſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Eſqu. Peter Malborne Eſqu ▪ and the Survivors and Survivor of them, his and their heires, & Aſſignes ſhall ſatisfie, and pay unto all and every Arch-Biſhop, Biſhop, Deane, Sub-deane, Arch-Deacon ▪ Chanter, Chancellour, Treaſurer, Sub-Treaſurer, Succentor, Sacriſt,•rebendary ▪ Cannon, Cannon Reſidentiary, Pettie Cannon, Vicars Chorall Choriſters, old Vicars, and new Vicars, and other Officers, and perſons belonging unto, or now imployed in, or about the ſaid Cathedrall or collegiate Churches, ſuch yearely Stipends, and Penſions, for ſo long time, and in ſuch manner as by the Lords, and Commons in Parliament Aſſembled ſhall be ordered dir•cted, and appointed; And ſhall dispoſe of all, and ſingular the aforeſaid Mannors, Lands, Tithes, Appropriations, Advowſons, Tenements, Hereditaments, and other the Premiſſes, and of every part, and parcell thereof, and of the Revenues, Rents, Iſſues, and164 profits thereof to the uſes, intents, and purpoſes above, and hereafter expreſſed, (that is to ſay) for a competent maintenance for the ſu•port of ſuch a number of preaching Ministers, for the ſervice of every Ca•he•rall and collegiate Church, and His Majeſties free Chappell of Windſor, as by the Lords and Commons ſhall be ordered, and appointed; And lik•wiſe for the maintenance of preaching Miniſters throughout the Kingdom of E•gland, Dommion of Wales, and Town of Barw••k, in ſuch places where ſuch maintenance is wanting, and for a proportionable allowance for, and towards the reparation of the ſaid Cathedrall, and collegiate Churches ▪ in ſuch manner, and forme, and to ſuch perſons, and for ſuch other good uſes, to the advancement of true Religion, and the maintenance of Piety and Learning, as by this or any other Act or Acts of Parliament now, or hereafter to be made, ſhall be ſet down, or declared, And be it further enacted by the Authority aforeſaid, that all Leaſes, Guifts, Grants, Conveyances, Aſſurances, and Eſtates whatſoever hereafter to be made by the ſaid Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Eſqu. Peeter Malbourne, Eſqu. the Survivors and Survivor of them, or the greater part of them, his, and their Heires and Aſſignes of any the Mannors, Lands, Tenements, or Hereditaments, within, or by this Act ſhall come, or be limited, or dispoſed of unto the ſaid Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Eſqu. Peeter Malbourne, Eſquire (other then for the Terme of one and Twenty yeares, or three Lives, or ſome other Terme of yeares determinable upon one, two, or three Lives, and not above from the time, as any ſuch Leaſe, or Grant ſhall be made, or granted, whereupon the accuſtomed yearely Rent, or more, ſhall be reſerved, and payable yearely during the ſaid Terme) whereof any former Leaſe is in being, and not to be Expired, ſurrendred, or ended, within three yeares after the making of ſuch Leaſe, ſhall be utterly voyd, and of none effect, to all Intents, Conſtructions, and purpoſes, any thing in this Act to the contrary in any wiſe notwithſtanding. Provided nevertheleſſe, where no Leaſe hath been heretofore made, nor any165 ſuch Rent hath been reſerved, or payable of any the Lands, Tenements, or Hereditaments, in this Act limited, or dispoſed of unto the ſaid Sir Willi•m Roberts Knight, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Ioh•Packer, Eſqu. Peter Malbourne, Eſqu. that in ſuch caſe it ſhall be lawfull for the ſaid Sir William Roberts, Knig•t, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes Aldermen of the City of London, Iohn Packer, Eſqu Peter Malb•urne, Eſqu. the Survivors, and Survivor of them, or the greater part of them, his, and their Heires, to make any Leaſe, or ſtate for the Terme of one, and Twenty yeares, or three Lives, or ſome other Terme of yeares determinable, upon one ▪ two ▪ or three Lives, and not above taking ſuch Fine as they in their Judgements ſhall conceive indifferent, and reſerving a reaſonable Rent ▪ not being under the third part of the clear yearely value of the Lands, Tenements, or Hereditaments contained in ſuch Leaſe. And it is further Declared to be the true intent, and meaning of this Act; That all, and every the Leſſees, Farmors and Tenants of all and every the ſaid Perſons, and Corporations, whoſ•Offices or places are taken away by this Statute, now having ▪ holding or enjoying any Eſtate, Terme, or Interest, in poſſeſſion by himſelfe, his under Tenants or Aſſignes, of or in any Mannors, Lands, Tenements, Appropriations, or other Hereditaments whatſoever, ſhall and may be preferred in the taking and renuing of any Eſtates, Leaſes, or Grants of any ſuch Mannors, Lands, Tenements or Hereditaments, before any other Perſon, the ſaid Leſſees, Farmors, or Tenants, or other Parties intereſſed as aforeſaid deſiring the ſame, and giving ſuch Fines, Rents and other conſiderations for the ſame, as by the ſaid Sir William Roberts, Knight, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, Peter Malbourne, Eſquires, or the Survivors, or Survivor of them, or the major part of them, his, or their Heires, or Aſſignes ſhall be thought, and held juſt and reaſonable. Provided alſo, and be it enacted by the Authority aforeſaid, that all and ſingular Revenues, Rents, Iſſues, Fees, Profits, Summes of Money, and allowances whatſoever, as have heretofore been, and now ought to be166 paid diſpoſed, or allowed unto, or for the maintenance of any Grammer Schoole or Schollars, or for, or towards the Reparation of any Church, Chappell, High-way, Cauſey, Bridge, Schoole-houſe, Almeſ-houſe, or other charitable uſe payable by any the Corporations, or Perſons whoſe Offices or places, are taken away by this Act, or which are chargeable upon, or ought to iſsue out of, or be paid, for or in reſpect of the ſaid premiſſes, or any of them, ſhall be and continue to be paid, diſpoſed and allowed, as they were and have been heretofore any thing in this preſent Act to the contrary thereof notwithſtanding. And to the intent and purpoſe the Parliament may be certainly and clearly informed of the premiſses, to the end the ſame may be diſtributed, applied, & imployed to, and for ſuch pious, and godly uſes and purpoſes as is intended, and herein declared. Be it ordained and enacted ▪ that the Lord Keeper of the Great Seale of England for the time being, ſhall by vertue of this Act have full Power and Authority, and is hereby required to award and iſsue forth ſeverall Commiſſions under the Great Seale of England into all and every the Counties and Cities with in the Kingdome of England and Dominion of Wales, to be directed unto ſuch and ſo many Perſons as b•the Lords and Commons in this preſent Parliament aſsembled ▪ ſhall be nominated, aſſigned, and appointed, thereby authorizing and requiring th•m or any five or more of them, and giving them full Power and•uthority by the Oathes of good and lawfull men, as by all other good and lawfull wayes and meanes to inquire and find out what Mannors, Caſtles ▪ Lordſhips, Granges, Meſsuages, Lands, Tenements, Meadowes, Leaſues, Paſtures, Woods, Rents, Reverſions, Services, Parſonages appropriate, Tithes, Oblations, Obventions ▪ Penſions, Portions of Tithes, Vicaridges, Churches, Chappells, Advowſons, Nominations, Preſentations, Rights of Patronage, Parkes, Annuities, and other Poſſeſſions and Hereditaments whatſoever, of what nature or quality ſoever they be, lying and being within every ſuch County, or City not hereby limited, or dispoſed of unto His Majeſty, doe belong, or appertaine unto all, every, or any ſuch Arch-Biſhop, Biſhop, Deane, Sub-Deane, Deane and Chap•er, Arch-Deacon, Chanter, Chancellor, Treaſurer, Sub Treaſurer, Succentor, Sacriſt, Prebendary, Canon, Canon Reſidenciary,167 Petty Canon, Vicar Chorall, Choriſter, old Vicar, or new Vicar, in right of their ſaid Dignities, Churches, Corporations, Offices, or places respectively, and what and how much of the ſame is in poſſeſſion and the true yearely value thereof, and what and how much there•f is out in Leaſe, and for what Eſtate, and when and how determinable, and what Rents, Services, and other Duties are reſerved, and payable during ſuch Eſtate, & alſo the true yearely value of the ſame, as they are now worth in Poſſeſſion, as alſo what Rents, Penſions, or other Charges, or other ſummes of money are iſſuing, due or payable out of any the Mannors, Lands, or Premiſſes, and to make an exact & particular ſurvey thereof, and to take and direct, and ſettle ſuch courſe for the ſafe cuſtody, and keeping of all Charters, Evidences, Court-Rolls, and writings whatſoever, belonging unto all or any the Perſons, Dignities, Churches, Corporat•ons, Offices and Places, or concerning any the Mannors, Lands, Tenements, Hereditaments, or other premiſſes before mentioned, as in their diſcretion ſhall be thought meet and convenient, and of all and ſingular their doings and proceedings herein fairely written, and ingroſs'd in Parchment to make returne, and Certificate into the Court of Chancery, and to this further intent & purpoſe, that ſpeedy care and courſe may be taken for providing of a competent maintenance for ſupply and encouragement of Preaching Miniſters in the ſeverall Pariſhes, within the Kingdom of England, & Dominion of Wales. Be it likewiſe ordayned and enacted, that the ſame Commiſſioners and Perſons authorized as aboveſaid, ſhall have full power and authority by the Oathes of good and lawfull men, as by all other good wayes and lawfull meanes, to enquire and find out the true yearly value of all Parſonages, & Vicaridges Preſentative & all other Spirituall and Eccleſiaſticall Benefices and Livings unto which any Cure of Soules is annexed lying and being within ſuch Counties and Cities, and of all ſuch particularly to enquire and certifie into the Court of Chancery, what each of them are truely and really worth by the yeare ▪ and who are the preſent Incumbents or Poſseſsors of them, and what, and how many Chappels belonging unto Pariſh Churches are within the limits of ſuch Counties and Cities, within which they are directed and authorized to enquire, and how the ſeverall168 Churches, and Chappels, are ſupplyed by Preaching Miniſters, that ſo courſe may be taken for providing both, for Preaching, and of maintenance, where the ſame ſhall be found to be needfull & neceſſary, provided alwayes, that this Act, or any thing therein contayned, ſhall not extend to any Colledge, Church, Corporation, Foundation, or houſe of Learning, in either of the Vniverſities within this Kingdom, and the ſaid Sr William Roberts, Sr Thomas Atkins, Sr Iohn Wollaſton, John Warner, Iohn Towes Aldermen of the City of London, Iohn Packer, and Peter Malbourne Eſquires, and the Survivors and Survivor of them, or the greater part of them, his, and their Heires and Aſſignes a, re hereby directed, and authorized, to give and allow, unto ſuch Officers as by them ſhall be thought fitting, and neceſſary, for keeping of Courts, Cellecting of Rents, Surveying of Lands, and all other neceſſary imployments, in & about the premiſſes, and unto the Comm•ſſioners authorized by this Act, and ſuch others, as ſhall be neceſſarily imployed by them, all ſuch reaſonable Fees, Stipends, Salaries, and Summes of Money as in their diſcretion ſhall be thought juſt, and conventent; And the ſaid Sir William Roberts Knight, Thomas Atkins, Sir Iohn Wollaſton, Iohn Warner, Iohn Towes, Aldermen of the City of London, Iohn Packer, and Peter Malborne Eſquires, the Survivors and Survivor of them, his, and their Heires and Aſſignes of their ſeverall Receipts, Imployments, Actions and Proceedings, ſhall give an accompt, and be accomptable unto the Lords and Commons in Parliament or ſuch Perſon or Perſons, as from time to time, by both Houſes of Parliament ſhall be nominated and appointed in ſuch manner, and with ſuch Power, Priviledge, and Juriſdiction, to heare, and determine all matters concerning ſuch accompts as by both Houſes of Parliament, ſhall from time to time be thought neceſſary to be given them, and not elſewhere, nor otherwiſe, ſaving to all, and every Perſon, and Perſons, Bodies Politique and Corporate their Heires and Succeſſors, and the Heires & Succeſſors of them and every of them, other then ſuch Perſon or Perſons, Bodies Politique and Corporate, whoſe Offices, Functions, and authorities are taken away and aboliſhed by this Act, as to any Eſtate, Right, Title, or Intereſt, which they, or any of them claime to have or hold in right169 of their ſaid Churches, Dignities, Functions, Offices, or places and other then the Kings Majeſty, his Heires and Succeſſors, as Patrons, Founders, or Donors, and all and every other Perſon and Perſons, Bodies Politique and Corporate, as may claime any thing as Patrons, Founders or Donors, all ſuch Right, Title, Intereſt, Poſſeſſion, Rents, charge Rent, Service, Annuities, Offices, Penſions, Portions, Commons Fees,•rofits, claimes and demands, either in Law or Equity whatſoever. And all and ſingular ſuch Leaſes for Yeares, Life or Lifes, as were before the Twentieth day of Ia•uary, in the yeare of our Lord, one Thouſand ſixe Hundred Forty two, made unto them or any of them, by any the Perſons or Corporations above named, according to the Lawes and Statutes of this Realme, and warranted by the ſame, and all ſuch Leaſes and Eſtates, as having been heretofore made, have been eſtabliſhed, or ſetled by any Judgement or Decree, in any of the Courts at Weſtminſter, and have been accordingly enjoyed; And all duties and profits whatſoever, which they, or any of them, have, or may claime, or of right ought to have, of, in, to, or out of any the ſaid Mannors, Lands or Premiſſes whatſoever, or any pars, or parcell thereof, in ſuch ſort, manner, forme, and condition, to all intents, conſtructions and purpoſes, as if this Act had never been made.
ARTICLES of the Treaty agreed upon betwixt the Commiſſioners of both Houſes of the Parliament of England, having Power and Commiſſion from the ſaid Honourable Houſes, and the Commiſſioners of the Convention of the Eſtates of the Kingdom of Scotland, Authoriſed by the Committee of the ſaid Eſtates concerning the ſolemne League and Covenant, and the Aſſiſtance demanded in purſuance of the ends expreſſed in the ſame.
VVHereas the two Houſes of the Parliament of England,IV. out of a juſt and deep ſence, of the great and imminent danger of the true Proteſtant Religion, in regard of170 the great Forces of Papiſts, Prelates, Malignants, & their Adherents, raiſed & imployed againſt the conſtant Profeſſors thereof in England, and Ireland, thought fit to ſend their Commiſſioners unto the Kingdom of Scotland, to Treat with the Convention of Eſtates & generall Aſſembly there, concerning ſuch things as might tend to the preſervation of Religion, & the mutuall good of both Nations; And to that end, to deſire a more neere, and ſtrict union betwixt the Kingdoms: And the Aſſiſtance of the Kingdom of Scotland, by a conſiderable ſtrength to be raiſed, and ſent by them into the Kingdom of England. And whereas upon a conſultation held betwixt the Commiſſioners of the Parliament of England, the Committees of the Convention of Eſtates, and Generall Aſſembly; No meanes was thought ſo expedient to Accompliſh, and ſtrengthen the Vnion, as for both Nation•to enter into a Solemne League and Covenant, and a forme thereof drawn and preſented to the two Houſes of Parliament of England, the Convention of Eſtates, and Generall Aſſembly of Scotland, which hath accordingly been done, and received their reſpective Approbation. And whereas the particulars concerning the Aſſiſtance deſired by the two Houſes of the Parliament of England, from their Brethren of Scotland, were delivered in by the Engliſh Commiſſioners, Auguſt the 19. to the Convention of Eſtates, who did thereupon give power to their Committee, to conſider and debate further with the Engliſh Commiſſioners, of what other Propoſitions might be added, or concluded; Whereby the aſſiſtance deſired, might be made more effectuall and beneficiall: And in purſuance thereof, theſe Propoſitions following, were conſidered of, and debated by the Committee and Commiſſioners aforeſaid; To be certified with all convenient ſpeed, to the two Houſes of the Parliament of England, and the Convention of Eſtates of Scotland by their reſpective Committees and Commiſſioners, to be reſpectively taken into their conſideration, and proceeded with, as they ſhould finde cauſe. Which being accordingly done, and theſe enſuing Propoſitions approved, agreed, and concluded of by the Houſes of the Parliament of England, and the Committee of the Eſtates of Scotland171 reſpectively, and power by them given to their reſpective Committees, and Commiſſioners, formerly to agree and conclude the ſame as may appeare by the Votes of both Houſes, dated the firſt of November, and the Order of the Committee, bearing date the 17th of November, Wee the ſaid Commiſſioners, and Committees, according to their Votes, and Orders, do formally conclude, and agree upon theſe Articles following. And in confirmation thereof, doe mutually ſubſcribe the ſame.
1. It is agreed and concluded, that the Covenant repreſented to the Convention of Eſtates, and Generall Aſſembly of Scotland, and ſent to both Houſes of the Parliament of England, in the ſame forme as it is now returned from the two Houſes of the Parliament of England, to their Brethren of Scotland, and allowed by the Committee of Eſtates, and Commiſſioners of the Generall Aſſembly, be ſworne, and ſubſcribed by both Kingdomes, as a moſt neer Tye, and Conjunction between them, for their mutuall defence againſt the Papiſts and Prelaticall Faction, and their adherents in both Kingdomes, and for purſuance of the ends expreſſed in the ſaid Covenant.
2. That an Army to this purpoſe, ſhall be Levyed forthwith, conſiſting of Eighteen Thouſand Foot effective, and two Thouſand Horſe, and one Thouſand Dragooners effective, with a ſuteable Traine of Artillery: To be ready at ſome Generall Rendezvous neer the Borders of England; to March into England for the purpoſes aforeſaid, withall convenient ſpeed, The ſaid Foot and Horſe, to be well and compleatly Armed, and provided, with Victualls and Pay for Forty daies: And the ſaid Trayne of Artillery, to be fitted in all points ready to March.
3. That the Army be commanded by a Generall, appoynted by the Eſtates of Scotland, and ſubject to ſuch Reſolutions and directions as are, and ſhall be agreed, and concluded on mutually between the two Kingdoms: or by Committees appoynted by them in that behalfe, for purſuance of the ends above mentioned.
4. That the Charge of Levying, Arming, and bringing the ſaid Forces together Furniſhed, as alſo the fitting the172 Traine of Artillery in readineſſe to March, be computed and ſet owne according to the ſame Rates, as if the Kingdom of Scotland were to raiſe the ſaid Army for themſelves, and their own Affaires: All which, for the preſent, is to be done by the Kingdom of Scotland upon Accompt, And the Accompt to be delivered to the Commiſſioners of the Kingdom of England: and when the Peace of the two Kingdoms is ſetled, the ſame to be repaid or ſatisfied to the Kingdom of Scotland.
5. That this Army be likewiſe paid, as if the Kingdom of Scotland were to imploy the ſame for their own occaſions, and toward the defreying thereof, (it not amounting to the full months pay) ſhall be Monthly allowed & paid the ſumme of thirty thouſand pounds ſterling by the Parliament of England, out of the Eſtates and Revenues of the Papiſts, Prelats, Malignants, and their Adherents or otherwiſe; And in caſe the ſaid Thirty thouſand pounds Monthly, or any part thereof, be not paid at the time when it ſhall become due, and payable, The Kingdom of England ſhall give the Publique Faith for the paying of the remainder unpaid, with all poſſible ſpeed. Allowing the rate of eight pounds per centum, for the time of the performance thereof. And in caſe, that notwithſtanding the ſaid Monthly ſumme of Thirty Thouſand pounds paid as aforeſaid, the States and Kingdom of Scotland, ſhall have juſt cauſe to demand furthar ſatisfaction of their Brethren of England, when the Peace of both Kingdoms is ſetled, for the pains, hazard, and charges they have undergone in the ſame, They ſhall by way of brotherly aſſiſtance, have due recompence made unto them by the Kingdom of England; And that out of ſuch Lands and Eſtates of the Papiſts, Prelats, Malignants, and their Adherents, as the two Houſes of the Parliament of England ſhall think fit; And for the aſſurance thereof, the Publique Faith of the Kingdom of England ſhall be given them.
6. And to th' end the ſaid Army in manner aforeſaid, may be enabled and prepared to march: The Kingdom of England is to pay in ready money to their B•ethren of Scotland, or ſuch as ſhall have power from the Eſtates of that Kingdom, the ſumme of one hundred thouſand Pounds ſterling, at Leith, or173 Edenburgh, with all convenient ſpeed, by way of advance, before hand, which is to be diſcounted back againe unto the Kingdom of England, by the Kingdom of Scotland, upon the firſt Monthly allowance, which ſhall grow due to the Scottiſh A•my, from the time they ſhall make their firſt entrance into the King••m of England.
7. That the Kingdom of Scotland to manifeſt their willingneſſe to their utmoſt ability, to be helpfull to their Brethren of England, in this common Cauſe, will give the Publique Faith of the Kingdom of Scotland, to be joyntly made uſe of with the Publique Faith of the Kingdom of England, for the preſent taking up of two hundred thouſand pounds ſterling, in the Kingdom of England, or elſe where, For the ſpeedy procuring of the ſaid Hundred Thouſand pounds ſterling as aforeſaid, As alſo a conſiderable ſumme, for the ſatisfying in good proportion ▪ the Arreares of the Scottiſh Army in Ireland.
8. That no Ceſſation, nor any Pacification, or Agreement for Peace whatſoever, ſhall be made by either Kingdom: or the Armies of either Kingdom, without the mutuall advice and Conſent of both Kingdoms, or their Committees in that behalf appointed, who are to have full Power for the ſame in caſe the Houſes of the Parliament of England, or the Parliament, or convention of Eſtates of Scotland ſhall not ſit.
9. That the Publique Faith of the Kingdome of Scotland, ſhall be given to their Brethren of England, That neither their entrance into, nor their continuance in the Kingdome of England, ſhall be made uſe of to any other ends, then are expreſſed in the Covenant, and in the Articles of this Treaty; And that all matters of difference ▪ that ſhall happen to ariſe between the Subjects of the two Nations, ſhall be reſolved and determined by the mutuall advice and conſent of both Kingdomes, or by ſuch Committees, as for this purpoſe ſhall be by them appointed, with the ſame power, as in the precedent Article.
10. That in the ſame manner, and upon the ſame conditions as the Kingdome of Scotland, is now willing to ayde and aſſiſt their Brethren of England, the Kingdome of England doth oblige themſelves to ayd and aſſiſt the Kingdome of Scotland, in174 the ſame, or like caſes of ſtreights, and extremities.
11. Laſtly, it is agreed and concluded, That during the time that the Scottiſh Army ſhall be imployed as aforeſaid, for the defence of the Kingdome of England, There ſhall be fitted out as Men of Warre, Eight Ships, whereof ſixe ſhall be of Burthen, betwixt one hundred and Twenty, and two hundred Tonne, the other between three and foure hundred Ton•e, whereof two ſhall be in Lieu of the two Ships appointed by the Iriſh Treaty; All which ſhall be maintained at the charge of the Kingdome of England, to be imployed for the defence of the Coaſt of Scotland, under ſuch Commanders as the Earle of Warwick for the time of his being Admirall ſhall nominate, with the approbation of the Committees of both Kingdomes, which Commanders ſhall receive from the ſaid Earle, generall Inſtructions, that they doe from time to time obſerve the directions of the Committees of both Kingdomes.
An Ordinance of the Lords and Commons in Parliament, for the calling of an Aſſembly of Learned and Godly Divines, and others, to be conſulted with, by the Parliament, for the ſetling of the Government and Liturgy of the Church of England, and for vindicating and clearing of the Doctrine of the ſaid Church from falſe aſpertions and interpretations.
WHereas amongſt the infinite bleſſings of AlmightyV. God upon this Nation, none is, or can be more deare unto us, then the purity of our Religion, and for that as yet many things remaine in the Liturgy, Diſcipline and Government of the Church, which do neceſſarily require a further and more perfect Reformation, then as yet hath been attained: and whereas it hath bin declared and reſolved by the Lords and Commons aſſembled in Parliament, that the preſent Church -175 government by Arch-biſhops, Biſhops, their Chancellors, Commiſſaries, Deanes, Deanes and Chapters, Arch-deacons, and other Eccleſiaſticall Officers depending upon the Hierarchy, is evill and iuſt•y offenſive and burthenſome to the Kingdom, a great impedime•t to Reformation and growth of Religion, and very preiudicial•to the State and government of this Kingdom, and th••therefore they are reſolved that the ſame ſhall be taken away, and that ſuch a government ſhall be ſetled in the Church, a•may be moſt agreeable to Gods holy word, and moſt apt to pro•ure and preſerve the peace of the Church at home, and neerer agreement with the Church of Scotland, and other reformed Churches abroad, and for the better effecting hereof, and for the vindicating and clearing of the doctrine of the Church of England, from all falſe calumnies and aſperſions, It is thought fit and neceſſary, to call an Aſſembly of Learned, Godly, and judicious Divines, who together with ſome Members of both the Houſes of Parliament, are to conſult and adviſe of ſuch matters and things touching the premiſes, as ſhall be propoſed unto them by both, or either of the Houſes of Parliament, and to give their advice and counſell therein, to both or either of the ſaid Houſes, when and as often, as they ſhall be thereunto required. Be it therefore ordained by the Lords and Commons in this preſent Parliament aſſembled, That all and every the perſons hereafter in this preſent Ordinance named, that is to ſay, Algernon Earle of Northumberland, William Earle of Bedford, Philip Earle of Pembroke and Montgomery, William Earle of Salisbury, Henry Earle of Holland, Edward Earle of Mancheſter, William Lord Viſcount Say and Seale, Edward Lord Viſcount Conway, Philip Lord Wharton, Edward Lord Howard of Eſtr. John Selden Eſqu. Francis Rows Eſqu. Edmund Prideaux Eſqu. Sr Henry Vane Knight ſenior, Iohn Glyn Eſqu. Recorder of London, Iohn White Eſqu. Bouldſtrode Whitlocke Eſqu. Humphrey Salloway Eſqu. M. Serjcant Wild, Oliver Saint-John Eſqu. His Majeſties Sollicitor, Sr Benjamen Rudyard Knight, Iohn Pym Eſq. Sir John Clotworthy Knight, Iohn Maynard Eſqu. Sir Henry Vane Knight junior, William Pierpoint Eſqu. William Wheeler Eſqu. Sir Thomas Barrington Knight,176 Walter Young Eſqu. Sir John Evelin Knight, Herbert Palmer of Aſhwell Batchelor in Divinity, Oliver Boles of Sutton Batchelor in Divinity, Henry Wilkinſon of Waddeſdon Batchelor in Divinity, Thomas Valentine of Chalfont-Giles Batchelor in Divinity, D ▪ William Twiſſ of Newbury, William Raynor of Egham, Mr. Hannibal Gammon of Maugan, Mr. Iasper Hick•of Lawrick, Dr. Joſhua Hoyle late of Dublin in Ireland, William Bridges of Yarmouth, Thomas Wincop of Elleſworth Doctor in Divinity, Thomas Goodwin of London B•tchelor in Divinity, Iohn Ley of Budworth in Cheſhire, Thomas Caſe of London, Iohn Pyne of Bereferrers, Mr. Whidden of Mooreton, Dr. Richard Love of Ekington, Dr. William Gouge of Blackfriers London, Dr. Ralph Brownerigg Biſhop of Exeter, Dr. Samuel Ward, Maſter of Sidney Colledge, Iohn White of Dorcheſter, Edward Peale of Compton, Stephen Marſhall of Finchingfild Batchellor in Divinity, Obediah Sedgewicke of Cogſhall, Batchellor in Divinity, M. Carter, Peter Clerk of Carnaby, William Mew of Eſtington Batchellor in Divinity, Richard Capell of Pitchcomb, Theophilus Bathurſt of Overton Watervile, Phil. Nye of Kimbolton, D. Brocket Smith of Barkway, D. Cornelius Burges of Watford, John Greene of Pencombe, Stanley Gower of Brampton-Bryan, Francis Taylor of Yalding, Tho. Wilſon of Otham, Antho. Tuckney of Boſton, Batchellor of Divinity, Thomas Coleman of Bliton, Charles Herle of Winwicke, Richard Herricke of Mancheſter, Richard Cleyton of Showell ▪ George Gibbs of Ayleſton, D. Calibute Downing of Hackney, Jeremy Boroughes of Stepney, Edmund Calamy Batchellor in Divinity, George Walker Batchellor in Divinity, Ioſeph Carroll of Lincolns Inne, Lazarus Seaman of London, D. Iohn Harris, Warden of Wincheſter Colledge, George Morley of Mildenhall, Edward Reynolds of Branſton, Thomas Hill of Titchmarch, Batchellor in Divinity, D. Robert Saunderſon of Boothby Pannell, Iohn Foxcroft of Gotham, Iohn Iackſon of Marske, William Carter of London, Thomas Thoroughgood of Maſſingham, Iohn Arrowſmith of Lynne, Robert Harris of Hanwell, Batchellor in Divinity, Robert croſſe of Lincolne Colledge, Batchellor in Divinity, Iames Archbiſhop of Armagh,177 Dr Matthias Styles of Saint George Eſcheape London, Samuel Gibſon of Burley, Jeremiah Whitacre of Stretton, D. Edmund Stanton of Kingſton, D. Daniel Featley of Lambeth, Francis Coke of Yoxhall, John Lightfoote of Aſheley, Edward Corbet of Merton Colledge Oxon, Samuel Helderſham of Felton, John Langley of Weſtuderley, Chriſtopher Tiſdale of Vphusborne, T•••as Young of Stowmarket, John Phillips of Wrentham, Humphrey Chambers of Claverton Batchellor in Divinity, John Conant of Lymington Barchellor in Divinity, Henry Hall of Norwich Batchellor in Divinity, Henry Hutton, Henry Scuddir of Colingborne, Thomas Baylie of Manningford Bruce, Benjamine Pickering of Eaſthoateley, Henry Nye of Clapham, Arthur Sallaway of Seaverneſtoake, Sydrake Sympſon of London, Anthony Burgeſſe of Sutton Coldfield, Richard Vines of Calcot, William Greenhill of Stepney, William Moreton of Newcaſtle, Richard Buckley, D. Thomas Temple of Batterſey, Simeon Aſhe of Saint Brides, M. Nicholſon, Thomas Gattaker of Rotherhithe Batchellor in Divinity, Iames Weldy of Sylatten, D. Chriſtopher Paſhley of Hawarden, Henry Tozer Batchellor in Divinity, William Spurſtow of Hampden in Com. Bucks. Francis Channell of Oxon, Edward Ellis of Gilffield Batchellor in Divinity, D Iohn Hacket of Saint Andrews Holborne, Samuel de la Place, Iohn de la March, Matthew Newcomen of Dedham, William Lyford of Sherborne in Com. Dorſet, M. Carter of Dynton in Com. Bucks. William Lance of Harrow in Middleſex, Thomas Hodges of Kenſington in Com. Middleſex, Andreas Perne of Wilby in Com. Northampton, D. Thomas Westfield of S. Bartholomew le great London Biſhop of Briſtoll, D. Henry Hammon of Penſhurſt in Kent, Nicholas Prophet of Marlborough in Com. Wilts, Peter Sterry of London, Iohn Erle of Biſhopſton in Com. Wilts, M Gibbon of Waltham, Henry Painter of Exceter, Batchellor in Divinity, M. Michel•hwaite of Cherryburton, D. Iohn Wincop of S. Martins in the fields, M. Price of Pauls Church in Covent garden, Henry W•lkinſon Junior, Batchellor in Divinity, D. Richard Oldſworth Maſter of Emanuell Colledge in Cambridge, M. William Duning of Coldaſton, and ſuch other perſon and perſons, as ſhall be nominated and appointed178 by both Houſes of Parliament, or ſo many of them, as ſhall not be letted by ſickneſſe or other neceſſary impediment, ſhall meet and aſſemble, and are hereby required and enjoyned upon ſummons ſigned by the Clerkes of both Houſes of Parliament, left at their ſeverall reſpective dwellings, to meet and aſſemble themſelves at Weſtminſter, in the Chappell called King Henry the ſevenths Chappell, on the firſt day of Iuly, in the yeare of our Lord, one Thouſand ſixe hundred forty three: and after the firſt meeting, being at leaſt of the number of forty, ſhall from time to time ſit and be removed from place to place, and alſo that the ſaid Aſſembly ſhall be diſſolved in ſuch manner, as by both Houſes of Parliament ſhall be directed; And the ſaid perſons, or ſo many of them, as ſhall be ſo Aſſembled, or ſit, ſhall have power and authority, and are hereby likewiſe enjoyned, from time to time during this preſent Parliament, or untill further order be taken, by both the ſaid Houſes, to conferre and treat amongſt themſelves, of ſuch matters and things, touching and concerning the Liturgy, Diſcipline, and Government of the Church of England, or the vindicating and clearing of the doctrine of the ſame, from all falſe aſpertions and miſconſtructions, as ſhall be propoſed unto them by both, or either of the ſaid Houſes of Parliament, and no other, and to deliver their opinions and advices of, or touching the matters aforeſaid, as ſhall be moſt agreeable to the Word of God, to both or either of the ſaid Houſes, from time to time, in ſuch manner and ſort, as by both or either of the ſaid Houſes of Parliament, ſhall be required, and the ſame not to divulge by Printing, writing, or otherwiſe without the conſent of both or either Houſe of Parliament. And be it further Ordained by the authority aforeſaid, that William Twiſſ Doctor in Divinity ſhall ſit in the Chaire as Prolocutor of the ſaid Aſſembly, and if he happen to die, or be letted by ſickneſſe, or other neceſſary impediment, then ſuch other perſon to be appointed in his place, as ſhall be agreed on, by both the ſaid Houſes of Parliament; And in caſe, any difference of Opinion ſhall happen among the ſaid perſons ſo aſſembled, touching any the matters, that ſhall be propoſed to them as aforeſaid, that then they ſhall repreſent the179 ſame, together with the reaſons thereof to both or either of the ſaid Houſes reſpectively, to the end ſuch further direction may be given therein, as ſhall be requiſite in that behalfe. And be it further ordained by the authority aforeſaid, that for the charges and expences of the ſaid Divines, and every of them, in attending the ſaid ſervice, there ſhall be allowed unto every of them that ſhall ſo attend, during the time of their ſaid attendance, and for ten dayes before, and ten dayes after, the ſumme of foure ſhillings for every day, at the charges of the Common-wealth, at ſuch time and in ſuch manner as by both Houſes of Parliament ſhall be appointed. And be it further Ordained, that all and•very the ſaid Divines, ſo as aforeſaid required and enjoyned to meet and aſſemble, ſhall be freed and acquitted of, and from every offence, forfeiture, penalty, loſſe or damage, which ſhall or may ariſe or grow by reaſon of any non-reſidence or abſence of them or any of them, from his or their, or any of their Church, Churches, or Cures, for, or in reſpect of their ſaid attendance upon the ſaid Service, any Law or Statute of Non-reſidence, or other Law or Statute enjoyning their attendance upon their reſpective Miniſteries or Charges to the contrary thereof notwithſtanding; And if any of the perſons before named ſhall happen to dye before the ſaid Aſſembly ſhall be diſſolved by Order of both Houſes of Parliament, then ſuch other perſon or perſons ſhall be nominated and placed in the roome and ſtead of ſuch perſon and perſons ſo dying, as by both the ſaid Houſes ſhall be thought fit and agreed upon: And every ſuch perſon or perſons ſo to be named, ſhall have the like Power and Authority, Freedome, and acquittall to all intents and purpoſes, and alſo all ſuch wages and allowances for the ſaid ſervice, during the time of his or their attendance, as to any other of the ſaid perſons in this Ordi•ance is by this Ordinance limited and appointed. Provided alwayes, that this Ordinance, or any thing therein contained, ſhall not give unto the perſons aforeſaid, or any of them, nor ſhall they in this aſſembl•aſſume to exerciſe any Iuriſdiction, Power, or Authority Eccleſiaſticall whatſoever, or any other Power, then is herein particularly expreſſed.
ORdered by the Lords and Commons in Parliament Aſſembled,VI. That it ſhall be propounded to the Aſſembly to Morrow at their meeting, to take into their Conſideration the Tenne first Articles of the 39 Articles of the Church of Englan•, to free, and Ʋindicate the Doctrine of them from all Asperſions, and falſe interpretations.
Some generall Rules for the Aſſembly, directed by the Lords and Commons in Parliament Aſſembled.
I A. B. doe ſeriouſly and ſolemnly in the preſence of Almighty God, that (in this Aſſembly whereof I am a Member) I will not maintain any thing in matters of Doctrine, but what I think in my Conſcience to be Truth, or in point of Diſci•line, but what I ſhall conceive to conduce moſt to the glory of God, and the good, and Peace of his Church.
ORdered by the Lords and Commons in Parliament Aſſembled, That, it be referred to the Aſſembly of Divines, to ſet forth a Declaration of the Reaſons and Grounds, that have induced the Aſſembly to give their Opinions, that this Covenant may be taken in poynt of Conſcience.
ORdered by the Lords and Commons in Parliament Aſſembled, that it be referred to the Committee formerly appointed, to Treat with the Scotch Commiſſioners: to Treat with them about the manner of taking the Covenant in both Kingdoms.
ORdered by the Lords and Commons in Parliament Aſſembled ▪ that it be pr•pounded to the Aſſembly of Divines, to conſider of the Doctrine of the Nine next Articles of the•9 ▪ Articl•s of the Church of England, to cleare, and vindicate the ſame from all Asperſions and falſe interpretations.
ARTICLES of the Treaty, concerning the Reducing of the Kingdome of Ireland to the Obedience of the Kings Majeſty, and Crowne of England, agreed upon between the Commiſſioners for Scotland, authorized by Hi•Majeſty, and the Parliament of that Kingdome, and the Commiſſioners for England, authorized by His Majeſty and the Parliament of that Kingdome, at Weſtminſter, the ſixt day of Auguſt, 1642.
FIrſt, The Scottiſh Commiſſioners out of the ſenſe of that dutyVII. which the Kingdome of Scotland owes to His Majeſty, and the true affection they beare towards the Kingdome of England, being willing to contribute their beſt aſſiſtance for the ſpeedy reliefe of thoſe diſtreſſed parts in Ireland, which lye neareſt the Kingdome of Scotland; Have in the name of that Kingdome, made offer of Ten Thouſand Men, to be imployed in that Service; And for a further Teſtimony of their Zeale to His Majeſties Service, and Brotherly respect to the Kingdome of England, have declared, that the Kingdome of Scotland, will upon their owne Charge ▪ Levy and Transport theſe Men.
Secondly, Becauſe the Kingdome of Scotland, are to ſend over with their Army, the number of ſix thouſand Muskets and foure thouſand Pikes, with ſuch Canon and Ammunition as ſhall be fitting for the ſervice; It is agreed, that foure thouſand Muskets, and two thouſand Pikes, ſhall be preſently ſent by the Kingdom of England, into the Kingdom of Scotland, and delivered at L••th; As alſo that the reſidue of the ſaid ten thouſand Armes, and ten thouſand Swords, and Belts, ſhall be delivered there, at the firſt of Auguſt next; And that as many Canon and Field-Peeces of the ſame bore, weight, and mettle, ſhall be carryed into Scotland, upon their demand, as they ſhall Transport into Ireland ▪ for th•ſ••vice of that Kingdome. And that the ſaid whole Armes and Ammunition ſhall remaine in Scotland, untill the returne of the Sc•ttiſh Army from Ireland: At which time the ſame ſhall be reſtored to the Kingdome of England, the Kingdome of Scotland receiving183 ſatisfaction for ſuch of their Armes and Ammunition, as ſhall be ſpent or loſt in the ſervice of Ireland; As alſo that there ſhall be preſently ſent over from England, and delivered to the Scottiſh Army in Ireland, for the defence of the Province of Vlſter, ſixe Peeces of Demy Canon, of the Ball of Foure and twenty pound weigh•〈◊〉their Equipage.
Thi•••y, It is agreed, That there ſhall be two Ships of Warre preſ••t••••nt by the Kingdome of England, to Lochryan, Lamal•c•,〈◊〉Patrick, or Air, to Guard and waft over the Scottiſh Souldi••s: And that the ſaid Ships ſhall attend at the Ports in Ir••and; for ſerving the Scottiſh Army, in going, and returning betwixt the Coaſts, and keeping the Paſſages cleare, as they ſhall receive Orders from the chiefe Commanders of the Scottiſh Army for the time being, according to Inſtructions received, or to be received by the Maſter of theſe Ships from the Lord Admirall, or Commiſſioners of the Admiralty for the time being, to that purpoſe.
Fourthly, It is agreed, That there ſhall be Levyed and furniſhed by the Kingdome of England, ten Troopes of ſufficient and well Armed Horſemen, conſiſting of ſixty in a Troop, beſides the Officers; And that there ſhall be a Commiſſary Generall, a Serjeant-Major, and a Quarter-maſter appointed over them, which ſhall joyne and remaine with the Body of the Scottiſh Foot, and ſhall receive and obey the Orders and Inſtructions of the Commanders of the Scottiſh Army; And that there ſhall be preſently advanced the ſumme of twelve Hundred Pounds ſterling, for the Levying of a Troop of one hundred Horſemen in Scotland, beſides the Officers, to be a Guard to the Generall of the Scottiſh Army.
Fifthly, It is agreed, That the Commanders and Souldiers of the Scottiſh Army, ſhall have ſuch Pay respectively as the Commanders and Souldiers of the Engliſh Army have, according to a Liſt preſently agreed upon by the Commiſſioners of both Kingdomes; As alſo that the Officers of that Army, ſhall have ſuch allowance for their Waggons ▪ as is contained in the ſaid Liſt.
Sixtly, It is agreed, That the Townes and Caſtle of Carickfergus, and Colrayne, ſhall be put into the hands of the Scottiſh Army, to be places for their Magazines, and Garriſons, and to184 ſerve them for Retreat upon occaſion; And that the Magiſtrates, and Inhabitants thereof, ſhall be ordeyned to carry themſelves to the Commanders of the ſaid Army as is fitting and ordinary in ſuch Caſes; And that the ſaid Townes, and Castle ſhall remain in the Scots hands, untill the Warre ſhall end ▪ or that they ſhall be diſcharged of that ſervice, Like as the Commiſſioners for the Kingdom of Scotland do promiſe in the Pu•lique Faith of that Kingdom, to redeliver the ſaid Townes and Caſtle to any, having Commiſſion from the King and Parliament of England, as alſo the Commiſſioners for the Kingdom of England, do promiſe in the name, and on the Publique Faith of that Kingdom, That Payment ſhall be made to the Kingdom of Scotland, and their Army ▪ of all dues that ſhall ariſe upon this preſent Treaty, and that when the Scottiſh Army imployed in the ſervice of Ireland ſhall be diſcharged, they ſhall be disbanded by Regiments, and no leſſer proportions, and ſo may of them payed off, as ſhall be disbanded, and the reſidue kept in pay, till they be disbanded.
Seventhly, It is agreed, that the Townes of Charickfergus, and Colrayne, ſhall by the Kingdom of England, be with all expedition provided with Ʋictualls, neceſſary for Souldiers, either in Garriſons, or expeditions, according to a Liſt to be agreed on, and Subſcribed by the Commiſſioners of both Kingdoms; And that ſuch quantities thereof, as the Scottiſh Army ſhall have occaſion to uſe, ſhall be ſold unto them, and bought by them, at the ſeverall Prices contained in the aforeſaid Liſt. And alſo that the ſaid Townes of Carickfergus, and Colrayne, ſhall be provided by the Kingdom of England, with Powder, Ball, Match, and other Ammunition for the ſervice of the ſaid Army, conforme to the particular Liſt to be condeſcended unto by both Commiſſioners, and that Carts and Waggons ſhall be provided by the Kingdom of England, for carrying of Ammunition for the uſe of the ſaid Army in Marches; As alſo, that there ſhall be Gun-Smiths, Carpenters, and one, or two Engineers, appoynted to attend the Army, and that hand Mils ſhall be provided to ſerve the Companies in Marches.
Eightly, It is agreed, that the Kingdom of England, ſhall depoſite two Thouſand Pounds Engliſh money, in the hands of any,185 to be appoynted by the Scottiſh Commiſſioners, to be disburſed upon accompt, by warrant of the Generall of their Army, upon Fortifications, Intelligences, and other Incidents: ſo that there be not above the ſumme of two Thouſand pounds in a yeare Impreſted upon theſe occaſions, without particular and ſpeciall warrant from the Parliament of England, As alſo that there ſhall be depoſited, two Thouſand and five hundred pounds Engliſh, to be disburſed upon Accompt, for the providing of a thouſand Horſes, for the Carriage of the Artillery, the Baggage, and Victuall of their Army, and for Dragooners upon occaſion: And likewiſe that the Scottiſh Army during the time of the Warre, ſhall have power to take up ſuch Horſes in the Country, as be neceſſary for the uſes aforeſaid.
Ninth, It is agreed, that the Inhabitants of the Townes and Villages, in the Province of Vlſter, and in any other Province of Ir•land, where the Scottiſh Army ſhall be by it ſelfe, for the time, ſhall receive Orders from the Scottiſh Commanders, And ſhall bring in Ʋictualls for Money in an orderly way, as ſhall be directed by them, with Proviſion of Oates, Hay, and Strawe, and ſuch other Neceſſaries. And that the Country People ſhall Riſe and Concurre with the Scottiſh Troops, when the Commanders thereof, ſhall find it for the good of the Service ▪ and ſhall receive Orders and Directions from the ſaid Commanders of the Scottiſh Army.
Tenth, It is agreed, that the ſaid ten thouſand men, to be ſent out of the Kingdom of Scotland, ſhall goe in the way and order of an Army under their own Generall, and Subalterne Officers; And the Province of Vlſter is appointed unto them, wherein they ſhall firſt proſecute the Warre, as in their Judgment they ſhall think moſt expedient for the honour of the King, and Crowne of England, And that the Commanders of the ſaid Army, ſhall have power to give Conditions, to Townes, Caſtles and Perſons which ſhall render and ſubmit themſelves ▪ as ſhall be moſt expedient for the ſervice according to the courſe of Warre; Provided no Toleration of the Popiſh Religion be granted, nor any condition made touching or concerning any of the Rebels Lands, and that the Commanders•f the Scottiſh Army ſhall be anſwerable for their whole186 deportment, and proceedings to His Majeſty, and the two Houſes of the Parliament of England only, but ſhall from time to time give an accompt thereof, to His Majeſty, the two Houſes of the Parliament of England, and to the Cheife Governour, or Governours of Ireland for the time being, that ſuch Townes and Places ▪ as ſhall be recovered from the Rebels by the Scottiſh Army, ſhall be at the diſpoſing of the Commanders thereof, during their aboade for that ſervice in thoſe parts, where ſuch Townes and Places are; And if it ſhall be found for the good of the ſervice, that the Scottiſh Army ſhall joyne with the Kings Lievtenant of Ireland and his Army, in that caſe, the Generall of the Scottiſh Army ſhall only cede to the Kings Lievtenant of Ireland, and receive in a free and honourable way Inſtructions from him, or in his abſence from the Lord Deputy, or any other who ſhall have the Cheife Government of that Kingdome for the time, by authority derived from the Crowne of England, and ſhall precede all others, and that he only ſhall give Orders to the Officers of his own Army; And that the Armies ſhall have the right & lefthand, Vand, and Reare, Charge, and Retreat ſucceſſively, and ſhall not mixe in Quarterings, nor Marchings, and when it ſhall be found fit to ſend Troopes out of either Army, that the Perſons to be ſent out of the Scottiſh Army, ſhall be Commanded out by their own Generall the Lievtenant of Ireland preſcribing the number, which ſhall not exceed the fourth part of the whole Foote of the Scottiſh Army, nor of the Horſe appointed to joyne therewith, whereunto they ſhall returne when the ſervice is done. And that no Officer of the Scottiſh Army, ſhall be Commanded by one of his owne quality, and if the Commanders of the Troopes ſo ſent out of either Army, be of one Quality, that they Command the Party by turnes; And it is nevertheleſſe provided, That the whole Scottiſh Army may be called out of the Province of Vlſter, and the Horſes appointed to joyne with them by His Majeſties Lievtenant of Ireland, or other Cheife Governour, or Governours of that Kingdom for the time being, if he, or they ſhall thinke fit, before the Rebellion be totally ſuppreſſed therein.
Eleventh, It is agreed, That the Scottiſh Army ſhall be entertained by the Engliſh for three moneths, from the Twentieth187 of Iune laſt, and ſo along after, untill they be diſcharged; and that they ſhall have a moneths Pay advanced, when they are firſt Muſtered in Ireland, and thereafter ſhall be duly paid from Month to Month; And that there ſhall be one Muſter-Maſter appointed by the Engliſh Muſter-Maſter Generall, to make ſtrict and frequent Muſters of the Scottiſh Army, and that what Companies of Men ſhall be ſent out of Scotland, within the compaſſe of the ten Thouſand Men, ſhall be paid upon their Muſters in Ireland, although they make not up compleat Regiments.
Twelfth, It is agreed, That the Scottiſh Army ſhall receive their diſcharge from the King and Parliament of England, or from ſuch Perſons as ſhall be appointed and authorized by His Majeſty and both Houſes of Parliament for that purpoſe; And that there ſhall be a Moneths warning before hand of their diſbanding: which ſaid diſcharge and Moneths warning, ſhall be made knowne by His Majeſty and them, to the Councell of Scotland, or the Lord Chancellour, a Moneth before the diſcharging thereof; And that the Common Souldiers of the Scottiſh, at their diſmiſſion, ſhall be allowed fourteen dayes Pay for carrying of them home.
Thirteenth, It is provided and agreed, That at any time, after the three Moneths now agreed upon for the entertainment of the Scottiſh Army, ſhall be Expired, and that the two Houſes of Parliament, or ſuch Perſons as ſhall be authorized by them, ſhall give notice to the Councell of Scotland, or to the Lord Chancellor there, That after one Moneth from ſuch notice given, the ſaid two Houſes of Parliament will not pay the ſaid Scottiſh Army now in Ireland any longer, then the ſaid two Houſes of Parliament ſhall not be obleiged to pay the ſaid Army any longer then during the ſaid Moneth; Any thing in this Treaty contained to the Contrary notwithſtanding.
THat he who doth, or ſhall command in chiefe over the ſaidVIII. Army, by joynt advice of both Kingdoms, ſhall alſo command the reſt of the Brittiſh Forces in Ireland; And for the further managing of that Warre, and proſecuting the ends expreſſed in the Covenant. That the ſame be done by joynt advice with the Committees of both Kingdomes.
THat the Earle of Leven, Lord Generall of the Scots Forces in Ireland (being now by the Votes of both Houſes agreed to be Commander in Chiefe, over all the Forces, as well Brittiſh as Scots, according to the Fourth Article of the reſult of the Committees of both Kingdoms paſſed both Houſes) be deſired with all convenient ſpeed by the advice of the ſaid Committees, to appoynt and nominate a Commander in chiefe under his Excellency over the ſaid Forces, to reſide with them upon the place.
Reſolved, &c.
THat Committees be nominated and appointed by the joynt advice of both Kingdomes, of ſuch numbers and Qualities as ſhall be by them agreed on, to be ſent with all convenient speed to reſide with the ſaid Forces, and inabled with all ample Inſtructions by the joynt advice of both Kingdoms, for the Regulating of the ſaid Forces, and the better carrying on of that Warre.
OVr very good Lord the Lord Marqueſſe of Ormond havingIX. in his march in his laſt expedition, conſulted ſeverall times with the Commanders and Officers of the Army in a Councell of Warre, and ſo finding that ſubſiſtence could not be had abroad for the Men and Horſes he had with him, or for any conſiderable part of them, it was reſolved by them, that his Lordſhip with thoſe Forces ſhould returne hither, which he did on the ſixe and twentieth of March.
In his returne from Roſſe (which in the caſe our Forces ſtand, he found ſo difficult to be taken in, as although our Ordinance made a breach in their walls, it was found neceſſary to deſert the Siege) he was encountred by an Army of the Rebels, conſiſting of about ſixe thouſand Foot, and ſixe hundred and fifty Horſe well Armed and Horſed, yet it pleaſed God ſo to diſappoint their Councells and ſtrength, as with thoſe ſmall Forces which the Lord Marqueſſe had with him, being of fighting men about two thouſand five hundred Foot, and five hundred Horſe not well armed, and for the moſt part weakly horſed, and thoſe as well Men as Horſes much weakned by lying in the fields ſeverall nights in much Cold and Raine, and by want of mans-meat and horſe-meat, the Lord Marqueſſe obtained a happy and glorious deliverance and Victory againſt thoſe Rebells, wherein were ſlaine about three hundred of them, and many of their Commanders and others of quality, and divers taken Priſoners, and amongſt thoſe Priſoners Colonell Cullen a Native of this City, who being a Colonell in France, departed from thence, and came hither to aſſiſt the Rebels, and was Lievtenant Generall of their Army in the Province of Leinſter, and the Rebels Army were totally Routed and defeated, and their190 Baggage, and Munition ſeized on by His Majeſties Forces, who lodged that night where they had gained the Victory, and on our ſide about Twenty ſlaine in the fight, and divers wounded.
We have great cauſe to praiſe God, for magnifying his goodneſſe and mercy to his Majeſty, and this his Kingdome ſo manifeſtly, and indeed wonderfully in that Victory.
However the joy due from us upon ſo happy an occaſion, is we confeſſe mingled with very great diſtraction here in the apprehenſion of our unhappineſſe, to be ſuch, as although the Rebels are not able to overcome His Majeſties Army, and devoure his other good Subjects here as they deſire, yet both his Army and good Subjects are in danger to be devoured by the wants of needfull Supplies forth of England, for as we formerly ſignified thither, thoſe Forces were of neceſſity ſent abroad to try what might be done for ſuſteining them in the Country, ſo as to keep them alive untill Supplies ſhould get to us; But that deſigne now failing, thoſe our hopes are converted into aſtoniſhment to behold the unſpeakable miſeries of the Officers & Souldiers for want of all things, and all thoſe wants made the more unſupportable in the want of Food, whileſt this City (being all the help we have) is now too apparently found to be unable to help us, as it hath hitherto done, and divers Commanders and Officers in the Army doe now ſo faire expreſſe their ſenſe of their ſufferings, (which indeed are very great and grievous) as they declare that they have little hope to be ſupplyed by the Parliament, and preſſe with ſo great importunity to be permitted to depart the Kingdome, as it will be extream difficult to keep them here.
By our Letters of the three and twentieth of March, we ſignified thither the unſupportable burthen laid on this City, for Victualling thoſe of the Army left here, when the Lord Marqueſſe with the Forces he took with him, marched hence, which burden is found every day more heavy then other in regard of the many houſe-keepers thereby dayly breaking up houſe, and ſcattering their Families, leaving ſtill fewer to bear the burden. We alſo by thoſe Letters, and by our Letters of191 the five and twentieth of February, advertiſed thither the high danger this Kingdom would incurre, if the Army ſo ſent abroad, ſhould by any diſtreſſe, or through want be forced back hither againe, before our reliefe of Victualls ſhould arrive forth of England.
When we found that thoſe men were returning back hither, although we were (and are ſtill) full of diſtraction, conſidering the diſmall conſequences threatned thereby in reſpect of our wants, yet we conſulted what we could yet imagine f•ſible, that we had not formerly done, to gaine ſome Food for thoſe men, and found, that to ſend them, or others abroad into the Country, we cannot, in regard we are not able to advance Money for procuring the many requiſites incident to ſuch an expedition. In the end therefore, we were enforced to fixe on our former way, and ſo to ſee who had any thing yet left him untaken from him to help us, and although there are but few ſuch, and ſome of them poor Merchants, whom we have now by the Law of neceſſity utterly undone and diſabled, from being hereafter helpfull to us, in bringing us in Victualls, or other needfull Commodities, yet were we forced to wreſt their Commodities from them, and certainly there are few here of our ſelves, or others, that have not felt their parts in the enforced rigour of our proceedings, towards preſerving the Army, ſo as what with ſuch hard dealing, no leſſe greivous to us to do, then it is heavy to others to ſuffer, and by our diſcending (againſt our hearts) farre below the honour and dignity of that power we repreſent here, under his Royall Majeſtie, we have with unſpeakable difficulty prevailed, ſo as to be able to find Bread for the Souldiers for the ſpace of one month.
We are now expelling hence all ſtrangers, and muſt inſtantly ſend away for England, thouſands of poore diſpoyled Engliſh, whoſe very eating is now unſupportable to this place.
And now againe and finally, we earneſtly deſire, (for our confuſions will not now admit the writing of many more Letters, if any) that His Majeſty and the Engliſh Nation may not ſuffer ſo great, if not irrecoverable prejudice and diſhonour, as muſt unavoydably be the conſequence of our not being relieved ſuddenly, but that yet (although it be even now at the192 point to be too late) ſupplies of Victualls, and Munition in preſent be haſtened hither to keep life, untill the reſt may follow, there being no victuall in the ſtore, nor will there be a hundred barrells of powder left in the ſtore, when the out Garriſons (as they muſt be inſtantly) are ſupplyed, and that remainder according to the uſuall neceſſary expenſe, beſides extraordinary accidents, will not laſt above a month, and the reſidue of our proviſions muſt alſo come ſpeedily after, or otherwiſe England cannot hope to ſecure Ireland, or ſecure themſelves againſt Ireland, but in the loſſe of it, muſt look for ſuch enemies from hence, as will perpetually diſturbe the Peace of His Majeſty, & his Kingdom of England, and annoy them by Sea, and Land, as we often formerly repreſented thither, which miſcheifes may yet be prevented, if we be yet forthwith enabled from thence with meanes to overcome this Rebellion.
We hope that a courſe is taken there for haſtening hither the proviſions of Armes and Munition mentioned in the docquet, ſent with our Letters of the twentieth of Ianuary, and the ſix hundred horſes, which we then moved might be ſent hither for recruites, and that the ſeven thouſand eight hundred fourſcore and thirteen pounds three ſhillings for Armes to be provided in Holland (beſides thoſe we expect in London) hath bin paid to Anthony Tierens, in London, or to Daniell Wibrants in Amſterdam, and if that Summe had been paid as we at firſt deſired, we might well have had thoſe proviſions arrived here by the tenth of March as we agreed, however we now deſire that, that Money, if it be not already payd, may be yet paid to M. Tierens in London, or M. Wibrants in Amſterdam, that ſo thoſe proviſions may arrive here ſpeedily, which (conſidering that ſummer is now near at hand) will be very neceſſary, that when our ſupplies of Victualls, Munition, Clothes, Money, and other proviſions ſhall arrive, we may not in the publique ſervice here looſe the benefit and advantage of that ſeaſon. And ſo we remaine, from His Majeſties Caſtle of Dublin, 4. April. 1643.
POST-SCRIPT,
As we were ready to ſigne this diſpatch, we received at this Board, a paper ſigned by ſundry Officers of the Army, now193 here at Dublin, which is in ſuch a ſtile, and threatens ſo much danger, as we hold neceſſary to ſend a Copy thereof here inclo•ed, whereby ſtill appeares the high neceſſity of haſtening away money, for them, and the reſt of the Officers, and Victualls for the Souldier, without which it will be impoſſible to conteine them from breaking out into mutinie.
AT our firſt entrance into this unhappy Kingdom, we had no other deſigne, then by Our Swords to aſſert and vindicate the right of His Majeſty, which was here moſt highly abuſed, to redreſſe the wrongs of His poor Subjects, and to advance our own particulars in the proſecution of ſo honeſt undertakings; And for the firſt of theſe, we do believe they have ſince our comming over ſucceeded pretty well, but for the laſt which concernes our ſelves, that hath fallen out ſo contrary to our expectations, that in ſtead of being rewarded, we have been prejudiced; inſtead of getting a Fortune, we have ſpent part of one; and though we behave ourſelves never ſo well abroad, and performe the Actions of honeſt men, yet we have the reward of Rogues and Rebells, wich is, miſery and want when we come home. Now (my Lords) although we be brought to ſo great an exigence, that we are ready to robbe and ſpoyle one another: yet to prevent ſuch outrages, we thought it better to try all honeſt meanes for our ſubſiſtence, before we take ſuch indirect courſes; Therefore if your Lordſhips will be pleaſed to take us timely into your conſiderations, before our urgent wants makes us deſperate, we will as we have done hitherto, ſerve your Lordſhips readily and faithfully; But if your Lordſhips will not find a way for our preſervations here, we humbly deſire we may have leave to goe where we may have a better being, and if your Lordſhips ſhall refuſe to grant that, we muſt then take leave to have our recourſe to that firſt and prymary Law, which God hath endued all men with, we mean the Law of nature, which teacheth all men to preſerve themſelves.
AS ſoon as we your Majeſties Iuſtices, entred into theX. charge of this government, we took into our conſideration at this Board, the ſtate of your Army here, which we find ſuffering under unſpeakable extremities of Want of all things neceſſary to the ſupport of their Perſons, or maintenance of the Warre, here being no Victualls, Cloaths, or other proviſions requiſite towards their ſuſtenance; No Money to provide them of any thing they want; No Armes in Your Majeſties ſtores, to ſupply their many defective Armes; Not above forty Barrells of Powder in Your ſtores; No ſtrength of ſerviceable Horſes being now left here, and thoſe few that are, their Armes for the moſt part loſt or unſerviceable; No Shipps arrived here to guard the Coaſts, and conſequently no ſecurity rendred to any that might (on their private adventures) bring in proviſions of Victualls, or other neceſſaries, towards our ſubſiſtence, and finally, No viſible means by Sea or Land, of being able to preſerve for You this your Kingdom, and to render deliverance from utter deſtruction, to the remnant of Your good Subjects yet left here.
We find that Your Majeſties late Iuſtices, and this Board, have often and fully by very many Letters, advertiſed the Parliament in England of the extremities of Affaires here, and beſought reliefe with all poſſible importunity, which alſo have been fully repreſented to Your Majeſty, and to the Lord Lieutenant, and Mr Secretary Nicholas, to be made known to Your Majeſty, and although the Winds have of late for many daies (and often formerly) ſtood very faire for acceſſions of ſupply forth of England hither, and that we have ſtill with longing expectations, hoped to find proviſions arrive here, in ſome degree anſwerable to the neceſſities of Your affaires, yet now (to our unexpreſſible griefe) after full ſix months waiting, and much longer patience and long ſuffering, we find all our great expectations anſwered in a mean and inconſiderable quantity195 of proviſions, (viz.) threeſcore and fifteen barrells of Butter, and fourteen Tunne of Cheeſe, being but the fourth part of a ſmall Veſſells loading, which was ſent from London, and arrived here on the fift day of this Month, which is not above ſeaven or eight daies proviſion for that part of the Army which lies in Dublin, and the out Garriſons thereof, No mony or victualls (other then that inconſiderable proportion of Victuall) having arrived in this place, as ſent from the Parliament of England, or from any other forth of England for the uſe of the Army, ſince the beginning of November laſt.
We have (by the bleſſing of God) been hitherto proſperous and ſucceſſefull in Your Majeſties affaires here, and ſhould be ſtill hopefull by the mercy of God, under the Royall Directions of Your Sacred Majeſty, to vindicate Your Majeſties Honour, and recover your rights here, and take due vengeance on theſe Traitors, for the innocent bloud they have ſpilt, if we might be ſtrengthened and ſupported therein by needfull ſupplies forth of England: but theſe ſupplies having hitherto been expected to come from the Parliament of England, (on which if Your Majeſty had not relied, we are aſſured You would in Your High Wiſdom have found out ſome other meanes to preſerve this Your Kingdom) and ſo great and apparent a failer having hapned therein, and all the former and late long continuing Eaſterly Winds, bringing us no other Proviſions, then thoſe few Cheeſes, and Butter; and no advertiſements being brought us of any future ſupply, to be ſo much as in the way hither, whereby there might be any likelyhood, that conſiderable means of ſupport for Your Majeſties Army, might arrive here in any reaſonable time, before we be totally ſwallowed up by the Rebels, and Your Kingdom by them wreſted from you. We find our ſelves ſo diſappoynted of our hopes from the Parliament, as muſt needs tren•h to the utter loſſe of the Kingdom, if Your Majeſty in Your high Wiſdom, ordaine not ſome preſent means of preſervation for us.
And conſidering, that if now by occaſion of that unhappy and unexpected failing of ſupport from thence, we ſhall be leſſe ſucceſſefull in your Services here againſt the Rebels, then196 hitherto (whilſt we were enabled with ſome meanes to ſerve you) we have been, the ſhame and diſhonour may in common conſtruction of thoſe that know not the in-wards of the cauſe be imputed to us, and not to the failings that diſabled us, and conſidering principally, and above all things, the high and eminent truſt of your Affaires here, depoſited with us by your Sacred Majeſty, we may not forbeare in diſcharge of our Duty, thus freely, and plainly to declare our humble apprehenſions, to the end your Majeſty thus truly underſtanding the terribleneſſe of our Condition, may find out ſome ſuch meanes of ſupport to preſerve to your Majeſties and your Royall Poſterity, this your Ancient and Rightfull Crowne and Kingdome, and derive deliverance and ſafety to the Remnant of your good Subjects, yet left here; as in your Excellent Judgement you ſhall find to be moſt for your Honour and Advantage.
And ſo praying to the King of Kings to guide and direct you for the beſt in this high and important Cauſe, and in all other your Councells and Actions, we humbly remaine from your Majeſties Caſtle of Dublin, the 11th day of May, 1643.
HIS MAIESTIES ANSWERS TO CERTAIN PAPERS, DELIVERED IN to His Commiſſioners at Vxbridge, upon the cloſe of the TREATY: ONE CONCERNING THE MILITIA, AND TWO CONCERNING IRELAND, To which (being long, and comming in ſo neare the breaking up of the Treaty) no Anſwers could then be given: See them in the Narrative, No 136. 177. & 178.
OXFORD, Printed by Leonard Lichfield, Printer to the Vniverſity. 1645.
HAving received an account of the paſſages of the late Treaty from our Commiſſioners, We cauſed a Narrative thereof to be made and publiſhed, wherein beſides the neceſſary connexions there is nothing ſet down but what pa••ed in writing; But becauſe their laſt Paper upon the ſubject of the Militia, and two laſt Papers concerning Ireland, were delivered upon the cloſe of that Treaty; although We conceive the anſwers given in the papers formerly delivered by Our Commiſſioners, are abundantly ſufficient to give ſatisfaction to thoſe alſo: Yet becauſe there may be a want of memory in ſome, and of obſervation in others, who ſhall read that Narrative, to bring home and apply the former anſwers of Our Commiſſioners to thoſe papers; and becauſe they ſeeme to expect anſwers, which (the Treaty being determined) cannot be given by Our Commiſſioners, and to vindicate Our Selfe from many paſſages ſcattered in thoſe papers, particularly reflecting upon Our Perſon, and Royall Authority, We have thought fit for the the further ſatisfaction of all Our good People to make theſe enſuing anſwers.
WHoſeover ſhall obſerve the paſſionate expreſſions in the cloſe of this Paper, (wherein they do moſt earneſtly deſire Our Commiſſioners, as they tender the deplorable Eſtate of theſe bleeding Kingdomes, the ſetling Religion,200 Our Honour, and the compoſing theſe miſerable diſtractions, to give full and cleare anſwers to the demands concerning the Militia) might very well believe, that they who ſo importunately demanded, would as willingly have received an anſwer. But when it ſhall be conſidered, that this p•per was not delivered in till after two of the clock in the morning, upon the breaking off the Treaty, when•hey had denyed any furth•r time to treat, or to receive any papers dated as within the time of the Treaty, (as formerly was mutually done, and this very paper of theirs delivered in truth upon the 23, was received as dated the 22 of February) it will be moſt apparent they kept it as a Reſerve to be purpoſely, & by deſigne delivered ſo, as it ſhould remaine unanſwered.
For the matter of that paper. They ſay, they have by their anſwers ſatisfied the ſeverall queſtions propoſed to them by Our Commiſſioners touching the Militia, It was neceſſary they ſhould have done ſo, that it being propoſed to Vs to part with ſo great a truſt as the power of the Sword, and to put it wholly out of Our own hands, we might know, how, and to whom, and for what time, and upon what termes We parted with it. But We will look back upon ſome of their anſwers, that it may appeare what they are.
Our Commiſſioners deſired to know, who the Commiſſioners ſhould be, in whoſe hands the Forces both by Sea and LandSee the Narrative, no. 77. ſhould be entruſted, and whether we might except againſt ſuch perſons, and name others in their places of knowne affections to Religion and Peace. To that part of the queſtion, whether we might except againſt the Perſons, they made no anſwer. To the other part requiring who the Commiſſioners ſhould be, they anſwered, That the Commiſſioners were to be named forNo. 78. England by the two Houſes, and for Scotland by the Eſtates of the Parliament there; whereas the queſtion was not, who ſhould name thoſe Commiſſioners, but who they were that ſhould be named, a thing moſt neceſſary for us to know, before we entruſted them with ſo great a power.
Our Commiſſioners deſired to know, whether the MilitiaNo. 80. of London ſhould be independent and not ſubordinate to thoſe201 Commiſſioners? They anſwered, It appeared by the Propoſitions,No. 8•. the ſame was to be ordered in ſuch manner, as ſhould be agreed on by both Houſes. Which was no anſwer to the queſtion, though likewiſe neceſſary to be knowne, the Militia of London, being ſo great and of ſuch importance.
Our Commiſſioners deſired to know, what Authority theNo. 105, & 107. Commiſſioners, nominated by the Eſtates of the Parliament of Scotland, were to have in the Militia, and ſetling of all Forces by Sea and Land in this Kingdome, and what influence the advices and orders from the Eſtates of that Parliament, ſhould have upon this Kingdome? They anſwered, That might beNo. 106, 107, 112. fully ſatisfied by the Propoſitions concerning the Militia. And though Our Commiſſioners deſired it, they could get no other anſwer from them in writing.
Our Commiſſioners deſired to know, what Iuriſdiction theyNo. 109. intended the Commiſſioners of both Kingdomes ſhould have, by the power given to them to heare and determine all differences that might occaſion the breach of the Articles of the Peace, and by what Law they ſhould proceed to heare and determine the ſame? They anſwered, That the CommiſſionersNo. 110. were to proceed in ſuch manner as was expreſſed in the Propoſitions. Whereas the Propoſitions expreſſe no more, then what is contained in the words of the queſtion. And being further preſſed to an anſwer, they anſwered, That the matter of theNo. 111. Iuriſdiction of the Commiſſioners was expreſſed in the Propoſitions; and for the manner of exerciſing of it, and by what Law they ſhould proceed, The ſame was to be ſetled by the two Houſes of the Parliament of En•land, and the Eſtates of the Parliament of Scotland respectively. This being no anſwer, and a full and direct anſwer being required to theſe queſtions, the anſwerNo. 113. 115. given was, That they referred themſelves therein to their former anſwers.
Our Commiſſioners deſired to ſee the Act of the late TreatyNo. 116. for the ſetling of the Garriſon of Berwick of the 29th of November, 1643. (being made betwixt the two Houſes and thoſe of Scotland, without Our Privity) as rela•ing to the buſineſſe of the Militia, They anſwered, It was not then to be Treated on,No. 117.202 but was reſerved to it's proper time, and Our Commiſſioners could never ſee it.
Our Commiſſioners deſired to know, whether by the joyntNo. 118. power mentioned in the Propoſitions to be given to the Commiſſioners for both Kingdomes to preſerve the Peace between the Kingdomes, and the King and every one of them, they intended any other then Military power for ſuppreſſing Forces only, which queſtion was asked, becauſe in the Propoſition, there are two diſtinct Clauſes, one whereby they have that power to preſerve the Peace, the other, whereby they haveNo. 119. power to ſuppreſſe Forces: In anſwer to this, they referre Our Commiſſioners to the Propoſitions.
That theſe anſwers (though made to queſtions ariſing upon the doubtfull expreſſions in their Propoſitions) referring to the Propoſitions themſelves, or to what was not then, but was after to be ſetled by the two Houſes, are not ſatisfactory anſwers to thoſe queſtions, is moſt evident, but We doe not wonder they were unwilling We ſhould ſee the cleare drift of thoſe Propoſitions, the ill conſequence whereof (which hereafter appears) We are willing to beleeve moſt of thoſe who agreed unto them, did not at firſt apprehend.
They ſay, They marvaile why it ſhould be inſisted on, that the Commiſſioners for the Militia ſhould not be nominated by the two Houſes onely, and that we who were to be equally ſecured, ſhould name**Theſe are their words, but ſeem to be miſtaken, for our Comm•ſſioners alwayes inſiſted, We ſhould name ſome of them. none, ſince this power was not to be exerciſed, till a Peace concluded upon the Treaty, and then we had been ſecured by the Lawes of the Kingdome, and by the duties and affections of Our Subjects: We think it farre more matter of wonder (ſince it is confeſſed, that We, and ſuch Our Loyall Subjects, who have faithfully and conſtantly adhered to Vs, were equally to be ſecured) that they would allow Vs no ſecurity at all, but to put Our Selves wholly upon them, who even afterwards in this paper, deny Our Iuſt Power of the Militia, and of making Peace and Warre, and might with much more colour hereafter doe ſo, if by Our Conſent that power ſhould be once, though for a time onely, put wholly into their hands. It is true, the Lawes of the Land, and the hearts of the people, are the beſt ſecurity for a203 Prince, that he ſhall enjoy what belongs to Him: But it is as t•ue, that the Lawes of the Land, and the Love of the Prince towards His People are likewiſe their beſt ſecurity, that they ſhall enjoy what belongeth to them; It is a mutuall confidence each in other that ſecures both: But this is to be underſtood in calme and quiet times, the preſent diſtempers have bred mutuall Iealouſies, and if they think it not at this time reaſonable wholly to truſt the Lawes and Vs concerning their ſecurity, but•equire the power of the Militia, in which they have no Right, much leſſe is it reaſonable, that We ſhould wholly truſt them concerning Our ſecurity, who avowedly beare Armes againſt Vs; but if for the love of Peace We are content for a time to part with this great Power which is our knowne Right, it is reaſonable that We ſhould have the nominating of ſome of thoſe who ſhould be truſted with it; yet on Our part We were well content to repoſe Our Selves in that ſecurity they mention, if the two Houſes would likewiſe have relyed upon the ſame ſecurity of the Lawes, and affections of the people, to which they ſo much pretend; But though it was offered that We ſhould returne to Our two Houſes, whereby all ArmiesSee Our Commiſſioners Paper, touching Our Returne to the two Houſes, after Diſbanding of Armies, no. 191. being Disbanded, both they and We, might have been reſtored to the Lawes, and guarded by•hoſe affections of the people, yet that was not admitted. They ſay, This power of the Militia was not to be exerciſed till after a Peace, but they doe not remember it is to be agreed on before a Peace, and propoſed in order to a peace; and We might with as much reaſon (and far more Iuſtice, in reſpect of Our undoubted Right over the Militia of this Kingdom) have inſiſted upon the ſole nomination of the Commiſſioners, becauſe their power was not to be exerciſed till a Peace concluded, as they for that cauſe to have excluded Vs from the nomination of an equall number, & aſſumed that power wholly to themſelves, not affording Vs ſo much as the Liberty to except againſt any of them. And whereas they ſay theſe Commiſſioners for the Militia, have a rule preſcribed, and being removeable and lyable for any miſcarriage to a ſevere puniſhment, cannot doe any thing to Our prejudice, contrary to the trust repoſed in them: If they had ſuch a Rule204 (which yet by their Propoſitions and papers We cannot find, (having by generall and indefinite termes an unlimited power given to them:) it proves they ſhould not, not that they would not breake it. He that hath power (as theſe Commiſſioners would have the greateſt that ever Subjects had) and will to abuſe that power, may extend and interpret the Rule preſcribed Him, as He ſhall pleaſe himſelfe, and therefore ſince out of Our ardent deſire of Peace, We were content to part with this power) We had reaſon to r•quire, that at leaſt ſome of thoſe who ſhould execute it, might be ſuch, whom We Our Selves ſhould nominate, and could truſt.
For that which is ſaid, that if the Commiſſioners had bin ſeverally choſen, the memory of theſe unnaturall diviſions muſt needs have bin continued, and probably being ſeuerally named, they would have acted dividedly according to ſeverall intereſts, and the Warr thereby might be more eaſily revived. It is apparent the memory of the Warre muſt as much continue where any Commiſſioners are named at all, as where they are named by either party, ſince by putting that power into their hands, it is put out of the proper Channell, but it is not the memory of a paſt Warre that is dangerous, but ſuch a Remembrance of it, as is joyned with a deſire or inclination to revive it; And if it were probable, as is alleadged, that if the Commiſſioners were partly choſen by Vs, and partly by them, that being ſeverally named, they would have acted dividedly according to ſeverall Intereſts, it would be much more probable, that being wholly named by them, they would have acted only according to their Intereſt, and ſo on Our part, inſtead of an equall ſecurity, we muſt have bin contented with what Lawes and conditions they would have impoſed. But We ſhall againe remember, that the offer on Our part, was to name ſuch, againſt whom thereNo. 130. could be no juſt exception, if the Perſons were named equally betwixt us. It was likewiſe offered, That thoſe Commiſſioners ſhould take an Oath for the true diſcharge of their truſt, that We Our Selves were willing to take an Oath to obſerve the Articles of the Treaty, and that all Perſons of any immediate truſt by offices or attendance upon Ʋs, and all others whom they ſhould nominate, ſhould take the like Oath, and with ſuch penalties, that whoſoever ſhould infringe the agreement, ſhould be accounted moſt pernitious205 enemies to us & the Kingdoms. And if this way of mutuall nomination were not approved, there was another propoſed, that the Perſons ſhould be nominated between our Commiſſioners and theirs, by whoſe mutuall conſent, it might well have been hoped, ſuch perſons might have been named, in whom we and they might have confided; but to this no anſwer〈◊〉been vouchſafed nor could any thing ſatisfy concerning the Mi••tia, unleſſe, without knowing who the perſons were who ſhould be entruſted, we ſhould with an implicite Faith in Perſons wh•m we did not know, put that power into their hands.
They ſay that though by their Propoſitions the CommiſſionersNo. 131. were to continue without any limitation of time, yet they have ſince propoſed a time of ſeaven years. We know not that they have, during the whole Treaty, in any one particular, receded from inſiſting on their demands, as they are ſet downe in their Propoſitions in terminis. And in this poynt though they ſeem to reduce the time, which in their Propoſitions was indefinite, to a certainty, to which yet the Scottiſh CommiſſionersSee no. 132. have not abſolutely agreed, the alteration is more in ſhew, then indeed, and rather to the heightning, then abateing their demands, for whereas they have limited the time to ſeaven years, yet it is with an additionall clauſe, That after thoſe ſeven years, it was to be executed as We and they ſhould agree, and not otherwiſe; ſo that though the Commiſſioners ſhould have the power but for ſeaven years, yet we ſhould not have it after thoſe ſeaven years, nor at any time unleſſe they and we could agree in it: ſo much would they have gained by this ſeeming compliance in poynt of limitation of this power to a time, though not to that time of three years, which we propoſed. But they juſtify the reaſonableneſſe of it, for whereas our Commiſſioners in their Paper (to which this of theirs is applied asNo. 130. an anſwer) tell them, that if the time for this power be unlimited, we and our poſterity ſhall for ever part with our peculiar Regall power, of being able to reſiſt our Enemies, or protect our good Subjects, and with that undoubted and never denyed right of the Crowne to make Warre and Peace, or ever more to have juriſdiction over our own Navy and Fleet at Sea, (the command thereof being alſo a part of this great power to be given to theſe Commiſſioners.) They anſwer plainly, they cannot admit206 of this peculiar Regall Power, which Our Commiſſioners mention to reſide in us concerning the Militia, and to make Peace and Warre, or that it is otherwiſe to be exerciſed then by authority from us and both Houſes of Parliament of England, and the Eſtates of the Parliament of Scotland respectively. We approve of their ingenuity, that now at the breaking off of the Treaty, they tell us in plain tearmes what they meane, though the Common Law-books and Records of Parliament have mentioned, that the ſole power of protecting the Subjects belongs to the King, and that he alone hath power to make Peace and Warre, though it hath been the language of former Parliaments, even of the laſt Parliament, and at the beginning of this Parliament, that the power of Peace and Warre is in the King, but if he will have money from His Subjects to maintain the Warres, he muſt have their conſents, and though the univerſall conſent and common opinion heretofore hath gone accordingly: yet they cannot admit thereof as to have been our right (for the anſwer is made to the aſſertion concerning our right) And not admitting it, it ſeems their oathes of Alleageance and Supremacy, to defend our Crowne and Dignity, and to aſſiſtand defend, all Iurisdictions, Priviledges and authorities belonging to us oblige them not; And as they doe not admit this power in right to have been in us alone for the time paſt, ſo neither will they admit it for the time to come, in Vs, or Our ſucceſſors, to be able to reſiſt our Enemies, or protect our Subjects, or to make Peace or Warre, but it muſt be, by authority from Ʋs and the two Houſes, and the Eſtates of the Parliament of Scotland reſpectively. They are to be aſſociated in theſe Regall Powers, and the Scepter and the Sword may in Pictures or Statues, but are not indeed to be in the Kings hand alone. Vpon theſe grounds, We wonder not that they would have the Navy and Fleet at Sea, to be put into the hands of their Commiſſioners for ſeaven years as the Militia for the Land, and after the ſeaven years to be commanded in ſuch manner as they and we ſhould agree and not otherwiſe, for they ſay, the reaſons are the ſame for them, as for the Militia by land: It is a principall meanes they ſay of their ſecurity, and We cannot find they207 think themſelves to have any ſecurity, if We and Our Succeſſors have any Power; But if We will part with Our Power wholly unto them, We and Our Poſterity ſhall be fully ſecured by the aflections of Our Subjects (that is by the Lords & Commons now at Weſtminſter, who in their ſenſe repreſent all the people) who by themſelves during the Parliament, or when they ſhall pleaſe to make any receſſes by their Commiſſioners during the intervalls, will free us from the burden of the Militia, and of Our Navy, and ſo of protecting Our Subjects, and will ſave Vs the Charge of Our Navy, becauſe it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage, and other Impoſitions upon Merchandiſe. And having taken this care for Our ſecurity (ſutable to all their Actions theſe three yeares laſt paſt) They ſay, that for ſecurity of thoſe who have been with Ʋs in the Warre, an Act of Oblivion is deſired to be paſſed, whereby all Our Subjects would have been put in one and the ſame condition, and under the ſame protection, with ſome exceptions mentioned in the Propoſitions. We are not willing to mention thoſe exceptions, by which not onely moſt of Our beſt Subjects (who have been with Vs in the Warre according to their duties) by expreſſe or generall termes are excepted, but all the Eſtates of ſome of them, and a great part of the Eſtates of the reſt of them for that very cauſe, becauſe they were with Vs in the Warre, are to be forfeited; As for ſecuring them by an Act of Oblivion, they have leſſe cauſe to deſire it then they who propoſe it, as being more ſecured by the Conſcience of doing their duties, and the protection of the knowne common Law of the Land, if it might take place, then any protection under the two Houſes, or their Commiſſioners for the Militia; yet We were not unwilling for the ſecurity of all Our Subjects to have aſſented to an Act of Oblivion, being willing, as much as in Vs lies, to have made up theſe breaches, and buryed the memory of theſe unhappy Diviſions.
It was urged by our Commiſſioners, that according to the literall ſenſe of the Propoſitions (in the powers given to the Commiſſioners for the Militia) That Sheriffes and Juſtices of Peace, and other legall Miniſters could not raiſe the Poſſe Comitatus,208 or Forces to ſuppreſſe Riots, without being lyable to the interpretation of the Commiſſioners. To this they anſwer, That this is no part of the Militia to be exerciſed by the Commiſſioners, but in executing of Juſtice and legall Proceſſe, nor can be intended to be any diſturbance, but for the preſervation of the Peace. We ſhall admit that to be their meaning, but it being by the Propoſitions made Treaſon in any, who ſhall leavy any Forces without authority or conſent of the Commiſſioners, to the diſturbance of the publique Peace, it is apparent that the Sheriffes or Iuſtices of Peace, if they raiſe any Forces to ſuppreſſe any tumultuous Aſſembly, (which it is poſſible ſome of the Commiſſioners may countenance) or for executing of other legall Acts, may not onely be lyable to the interpretation of being diſturbers of the publique Peace, but feele the puniſhment of it. And whereas they ſay, That the Power (given by the Propoſitions to the Commiſſioners for the Militia of both Kingdomes as a joynt Committee) for the hearing and determining Civill Actions and differences cannot be extended further then preſervation of the Articles of the Peace to be made: We conceive that a Court being thereby allowed to them for the hearing and determining of Civill matters for the preſervation of the Articles of the Peace, they may in order thereunto (upon pretence it is for the preſervation of the Peace) entertaine and determine any cauſe or difference they pleaſe, eſpecially their power by the Propoſitions, being not onely to preſerve the Peace, but to prevent the violation of the Articles of the Peace; and having the power of the Sword in their hands, and being not tyed up to any certain Law, whereby to judge, (for ought appeares by their anſwers to the queſtions propoſed by Our Commiſſioners) and the common Law not being the rule in ſuch caſe, (becauſe part of them are to be of the Scottiſh Nation) they may without controll exerciſe what arbitrary power they pleaſe.
And whereas it is inſiſted upon in this paper, That an anſwer be given to the fifteenth Propoſition, which is, that the Subjects be appointed to be Armed, Trayned, and Diſciplined in ſuch manner as both Houſes ſhall think fit; which Our Commiſſioners209 thought fit to have deferred till after the Peace eſtabliſhed, and then to be ſetled by Vs and the two Houſes: It is apparent, that Propoſition concerned not (that which was deſired as the end of their Propoſitions) the ſecurity for the obſervation of the Articles, and We conceive there is already ſufficient proviſion made by the Law in ſuch caſes, & if there were not, it were fit that that defect were ſupplied by Law, not to be left at large, as the two Houſes ſhould think fit, without expreſſing the manner of it, but to proceed by a Bill, wherein we might ſee before we conſented to it, how Our Subjects ſhould be charged; we being as much concerned and ſenſible of the burden to be put upon Our Subjects, as the two Houſes can be, who, We are ſure, ſince they took upon them the authority of impoſing upon their fellow Subjects without Vs, have laid the heavieſt Impoſitions that ever were.
And whereas they ſay, the ſcope of theſe their Propoſitions touching the Militia, was to take away occaſions of future differences, to prevent the raiſing of Armes and to ſettle a firme and durable Peace: If we look upon the whole frame of their Militia, as they have propoſed it to us, we cannot but conclude thoſe Propoſitions to be moſt deſtructive to thoſe ends: For firſt, they have propoſed it to us (as they have ſetled it already by their Ordinance) That the whole Militia of•reland, as well of Our Engliſh Subjects as Scottiſh, ſhall be Commanded by Leſley Earle of Leven their Scottiſh Generall, and be managed by the jo•nt advice of the Scottiſh and Engliſh Commiſſioners, and therein the Scottiſh as well as the Engliſh to have a Negative Voyce, and ſo by conſequence ſubjecting the whole Government of that Kingdome to the manage of Our Scottiſh Subjects. And (having thus ordered the Militia of Ireland, where they will be ſure to keep Forces on Foot (for that is another part of the Propoſitions. That We ſhall Aſſent to whatſoever Acts ſhall be propoſed for monyes for the Warre of Ireland) which Forces ſhall be ready upon all occaſions to ſerve them) For the Militia and Navy of England, that is likewiſe to be ordered and Commanded by theſe Commiſſioners, and though We their Soveraigne are denyed to nominate any to be joynt210 Commiſſioners, they are content to admit thoſe of Scotland (who though Our Subjects, yet are ſtrangers to their Government) to a nomination of Scottiſh Commiſſioners to be joyned with them. Theſe Scottiſh Commiſſioners in matters wherein both Kingdomes are joyntly concerned (and they may eaſily call, and make what they will to be of joynt concernment) are to have a Negative Voyce, ſo that the Engliſh can doe nothing without them, not ſo much as to raiſe Force to ſuppreſſe a Commotion, or prevent an invaſion, if the Scottiſh Commiſſioners, though not a third part of the number of the Engliſh, ſay it is of joynt concernment; And in matters ſolely concerning England, the Scottiſh Commiſſioners (to a third part of the whole number of the Commiſſioners) are to reſide in England, and to Vote as ſingle Perſons.
Theſe Commiſſioners, as well Scottiſh as Engliſh as they have the ſole power of the Forces by Sea and Land, ſo they muſt have a Court in a Civill way, to hear and determine whatſoever Civill action that ſhall tend to the preſervation of the peace, or whatſoever elſe is for the prevention of the violation of it, within which generall words, and in order thereunto, they may comprehend any cauſe or thing they pleaſe; And as theſe Commiſſioners, as well Scottiſh as Engliſh, are to name all Commanders and Officers in Our Forts and Ships, ſo in the intervalls of Parliament, leſt there ſhould be too much dependance upon us, they are to name all the great Officers & Iudges of both Our Kingdomes of England and Ireland.
To theſe ſo unreaſonable Propoſitions, wherein the Parliament and Subjects of Scotland, would have ſo great an influence and power over the Kingdomes of England and Ireland, if (as reflecting meerly upon our ſelves, and not entertaining ſuch thoughts of our Scottiſh Subjects, as perhaps ſome may by the danger of ſuch a power) we ſhould have agreed, as hoping that the good affections of our Subjects in Scotland, might in time have reſtored us to that power which the two Houſes of England would take away; yet when we conſider, that we are in conſcience obliged to maintaine the Rights of Our Crowne, ſo farre as to be able to protect Our Subjects, and what jealouſies211 and heartburnings, it might probably produce betwixt Our Subjects of the two Kingdomes, what reluctancy all Our Subjects here may have, when they ſhall ſee Our Power ſo ſhaken, and they muſt have ſo much dependency upon their fellow ſubjects both Engliſh and Scotch, We conceive it ſo farre from being a remedy to the preſent diſtempers, (as they affirme in their papers) that as at preſent it would alter the whole frame and conditution of the Governement of this Kingdome, both Civill and Military, ſo in the concluſion it would occaſion the ruine and deſolation of all Our Kingdomes.
IT hath been one of the chiefeſt deſignes of the Authors of the preſent diſtractions, to inſinuate unto our people, that We were either privy to the Rebellion in Ireland, or aſſenting to the continuance of it; And if it could not be perſonally fixed upon Our ſelfe, yet to perſwade them into a beliefe that evill Counſellors, and others prevalent with us did encourage and aſſiſt it. By this means having a colour to raiſe Forces, and to levy money for the ſupply of thoſe Forces, they might ſo diſpoſe of both, as under a pretence of ſuppreſſing the Rebells in Ireland, they might thereby alſo raiſe a Warre in England, for the effecting of their Ambitious and Covetous deſires in both Kingdoms; And they ſo carried on this deſigne, that whereas out of Our earneſt deſire of the reliefe of Our poor Subjects in Ireland and to ſhew the great ſence we had of their miſeries, We had given way to ſeverall unuſuall Bills for raiſing of Forces, and likewiſe to the Bill for the 400000l for the adventurers and others, for raiſing of Moneys, (which Moneys by thoſe Acts were to be paid to particular Perſons, or otherwiſe out of the ordinary courſe, and not into Our Exchequer (as was uſuall in like caſes thence to be iſſued for publique uſe) thoſe ſupplies were diverted and imployed to feed212 and nouriſh a Rebellion in England, rather then to ſuppreſſe that in Ireland. Thus 100000l of the Adventurers Money was imp•oyed for the Earle of Eſſex his Army when he firſt Marcht againſt us, and that imployment of it, though contrary to the expreſſe words of the Act, which are, that no part of that Money ſhall be imployed to any other purpoſe, th•n the re•u•ing of thoſe Rebels, was publiquely juſtified by a Declaration made in the name of the Houſe of Commons, the 6th of September, not long before the Battaile at Edge-Hill, and at the ſame Bartaile, ſeverall Regiments of Horſe and Foot raiſed for Ireland, under the Command of the Lord Wharton, Lord of Leny, S Faithfull Forteſcue, and others, were imployed againſt us at Edge-hill, the moneys raiſed upon the Bill of 400000l, & others have been wholly made uſe of againſt V•, And it was impoſſible, without thus working themſelves (under the ſpecious pretence of ſuppreſſing the Rebellion of Ireland) into the managery of that Warre, and miſapplying the ayds intended for Ireland, to have brought this Kingdom into the bleeding and deſperate condition wherein it now languiſheth.
The Propoſitions concerning Ireland, as they are inſiſted upon by theſe Commiſſioners (though in charity we ſhall hope not ſo intended by all of them) are apparently in purſuance of that originall deſigne, in begetting a ſuſpition of our integrity in that buſineſſe of Ireland, and ingroſſing the managing of that Warre, and the Power of that Kingdom into their hands. They would have the Ceſſation (which We have avowed to be aſſented to by Vs, and adviſed as moſt neceſſary for the preſervation of that Kingdom) to tend to the utter deſtruction of the Proteſtants there, and the continuance of the Ceſlation there, (though but during the Warre here) to be a countenancing of that bloudy Rebellion, and We Our ſelves are charged to be privy, and to give directions for the ſeiſing of ſome proviſions made, and ſent for the ſupply of•he Proteſtants in Ireland. In the next place, concerning the Warre there, they demand that the proſecution of that Warre be ſetled in both Houſes of Parliament, to be managed by the advice of both Kingdoms of England and Scotland (that is, a Committee of both Kingdoms, thoſe of213 each Kingdom to have a negative voyce) And all the Forces there, to be under the Command of the Scotch Generall: The Lievtenant and other great Officers and Judges there, to be nominated by both Houſes, and that we ſhould conſent to paſſe all Acts to be propoſed by them, for the rayſing of moneys, and other things neceſſary for the proſecution of that Warre. And notwithſtanding all the zealous and patheticall expreſſions in thoſe Papers, deſiring the continuance of that Warre, and the execution of Iuſtice upon thoſe Rebels: It is not barely the proſecution of the Warre in zeale of Iuſtice that is deſired, that might be managed either by Vs (whom God and the Law have entruſted ſolely with that power, and whoſe Pr•deceſſors have alone, and without the concurrence of their Parliaments, other then by competent aſſiſtance with Moneys, ſuppreſſed great Rebellions in that Kingdom) or by fit Miniſters to be appointed, upon juſt occaſion to be removed by Vs, They have not made any the leaſt Propoſition or deſire to that purpoſe. But they inſiſt upon ſuch a proſecution of the Warre, wherein thoſe who are in Armes againſt us, may have the ſole managing of the Warre, and of moneys to maintaine that Warre, even while they are in Armes againſt Vs. For the Ceſſation already made, it is apparent it was the onely viſible meanes, whereby the Kingdome was preſerved, the poore Proteſtants there being in danger inevitably to have periſhed, either by Famine, for want of Food, or by the Rebells, for want of Ammunition, there being not above Forty Barrells of Powder there, as appears by the Letters of the Lords Iuſtices and Councell of Ireland, mentioned by Our Commiſſioners, and no ſupplies of Victualls or Money ſent in ſix months time before thoſe Letters (although Our Ships were then taken away from Vs, and all the Forces at Sea belonging to this Kingdom, were under their command:) Neither could the not making voyd, or declaring againſt that Ceſſation, have hindered a Peace upon this Treaty, if it had been intended really on their part, it being to expire in March, and ſo before the Treaty could probably have been perfected, and there being no further Peace or Ceſſation made in Ireland; And therefore214 Our Commiſſioners did earneſtly deſire them to make ſuch Propoſitions, as were fit to be conſented to, for the growth of the Proteſtant Religion, and the good of that Kingdom.
But inſtead of ſuch Propoſitions, they ſtill except againſt the Ceſſation, and though expiring within a moneth, they inſiſt upon their demands of an Act of Parliament to make that Ceſſation voyd, to which if We ſhould have conſented, as We muſt have rendered our ſelves uncapable of being truſted at any time after, and odious abroad in breaking that Ceſſation, ſolemnely made by our publique Miniſters of State in Ireland, and after conſented unto by our ſelves, ſo we muſt have implicitely confeſſed, contrary to the truth, that which they alleadge againſt the Ceſſation, that it was deſtructive to the Proteſtants there, and a countenancing of that bloudy Rebellion, and thereby having loſt the Plea of our innocencie, have alſo loſt the hearts of Our people, and rendred our ſelves guilty of thoſe infamous ſlaunders which have bin charged upon Vs concerning the Iriſh Rebellion, and which ſome were ſo willing to fix upon Vs, that even during this Treaty, when Mack Quire was impeached by them for this Rebellion, for which he was by them after executed, (though they well knew confeſſions of men in his condition, in hopes of Pardon or Reprives are not to be credited,) he was ſtrictly examined concerning Vs (as We are credibly informed) whether or no We gave any Commiſſion to the Rebels of Ireland, or any aſſiſtance to them, and if he had not abſolutely denyed it to his laſt, with more ſenſe of Conſcience in that particular, then they who examined him expected, it is likely whatſoever untruths reflecting upon Vs had bin forced from him, had bin (as others were) publiſhed to Our diſgrace. And although they long queſtioned the credit and truth of thoſe Letters of the Lords Iuſtices and Councell of Ireland, notwithſtanding one of them being directed to the Speaker of the Houſe of Commons, was received and communicated to the Houſe, and Ours was but a Duplicate thereof, and Copies were delivered to them of both Letters, which two of their Commiſſioners com•ared with our originalls, and ſaw the names of all the Councell-ſubſcribers, as well as the two Lords Iuſtices, ſome of215 which Councellors were of principall eſtimation with themſelves, and they might alſo have had Copies of their names who ſubſcribed, if they would have aſſured Our Commiſſioners, that ſuch of them as ſhould have come into their Quarters, ſhould not have been prejudiced by it; yet the extremity of Our poor Engliſh Subjects, inducing that Ceſſation, being ſo notorious, and that atteſtation thereof undeniable, they fall at laſt to confeſſe and avoyd them. They ſay, That ſome who were of the Councell when thoſe Letters were written, aſſure them, that thoſe Letters were written onely to preſſe for Supplies, without any intention of inducing a Ceſſation, neither doe the Letters conteine any mention of a Ceſſation. It is true thoſe Letters doe not, nor was it alleadged they did mention any Ceſſation, but they preſſed for Supplies from hence, and laid open their neceſſities to be ſuch, that it was apparent to any man (as we had alſo private advices from ſome of the Councell there, and of credit with thoſe at Weſtminſter) that if Supplies failed there was no way for the preſervation of Our good Subjects there, but by a Ceſſation. And theſe bleeding wants of Our Army, and good Subjects there, ſo earneſtly calling for Reliefe, and (this Kingdome being then ingaged in the height of an unnaturall Warre) Our Selves unable to ſupply them, and no timely ſupply, nor hopes of it comming from the two Houſes, what courſe leſſe diſhonourable for Vs, or more for the good and ſafety of the poore Engliſh there could be taken, then to admit of a Treaty for a Ceſſation, which was managed by Our publique Miniſters of State there, and that Ceſſation aſſented unto as beſt for that Kingdome, by the chiefe Officers of the Army, and the Lords Iuſtices and Councell of Ireland, before Our Approbation thereof.
They ſay, That thoſe neceſſities were made by a deſigne of the Popiſh and Prelaticall Party, (the Prelaticall Party muſt come in upon all tur•es, though none ſuffered more by the Iriſh Rebellion, nor were leſſe advantaged by the Ceſſation, then thoſe poore Prelates) and that at this very time, when the Proteſtants were in ſuch Extremity, Proviſions ſent thither by the Parliament for their reliefe, were dispoſed of and afforded to the Rebels: The216 Letters of the Lords Iuſtices and Councell, tell us, That no Proviſions at all were ſent by the Parliament, and if they had not told it, yet this being barely affirmed, might as eaſily be denyed, unleſſe they had inſtanced in particular, what Proviſions were ſent, and how, and when, and by whom, or to whom they were diſpoſed. But they ſay, That at the ſame time the Officers of the Army and Garriſons, preſſing for leave to march into the Enemies Country to live upon them, and ſave their owne ſtores; ſome could not obteine leave to goe, and thoſe who were drawne forth, had great quantities of Proviſions out with them yet were not permitted to goe into the Enemies Country, but kept neare Dublin, till their Proviſions were ſpent, and then Commanded back againe. They might remember, at that time (wherein they ſuppoſe this miſcarriage) the chiefe manage of thoſe Affaires was in the hands of ſuch Miniſters of State, whom they did, and doe ſtill relye upon; but ſure thoſe Miniſters are not to be blamed, if they durſt not ſuffer the Souldier to march farre, or ſtay long in the Enemies Country, when there was but forty Barrells of Powder in all the Store, or if they called them back in ſuch caſe when the Enemy approached.
Let ſuch as theſe, or what other pretences, and excuſes ſoever be made for not relieving Ireland, we are ſure the chiefe Impediment to it was their active promoting this Rebellion in England; And therefore, as they made uſe of the Supplies both of Men and Money, provided for that Kingdome, againſt Vs at Edge-hill: ſo from the time of that Battaile (ſome Supplies ſent before (which elſe perhaps had been alſo countermanded) arriving in Ireland, about the time, or ſhortly after that Battaile) they were ſo carefull of recruiting and ſupplying their Armies here, that though they received much Monyes for Ireland, and had at their diſpoſall great ſtore of Our Ammunition, neither the one, nor the other was ever after afforded to the Engliſh Army and Forces, or to the Proteſtants about Dublin, though the Ceſſation was not made till September following. As for thoſe Proteſtants in Munſter, Connaught, and Ʋlſter, who, they ſay, oppoſed the Ceſſation, and did and doe ſtill ſubſiſt, they were moſt of them of Our Scottiſh Subjects, the reſt (excepting217 ſome few wrought upon by private intereſt or particular ſolicitation) were ſuch, who being under their power, were forced for their reliefe to concurre with them againſt it. Theſe indeed, as they did not ſuffer under ſo great wants as the Engliſh at the time of the Ceſſation, as is well knowne, though it ſeem to be denied, more ſpeciall Proviſions being made for them, and for their Garriſons, then for the Engliſh, (as doth in great part appeare even by the Articles of their Treaty of the ſixth of Auguſt) ſo they have ſince ſubſiſted by Supplies ſent from the two Houſes, whereof none were ſuffered to partake but ſuch as take their new Covenant, and doubly break the bonds of their obedience and duty, both by taking that dangerous enſnaring Oath prohibited by God and their King, and oppoſing Our Miniſters of State there, without whoſe Authority (a Ceſſation being concluded) during that Ceſſation they ought not to have continued a Warre in that Kingdome. We eaſily believe the Proviſions they mention are, or may be, ſent for ſupply of thoſe Forces as being a meanes to keep up a Party againſt Vs there, and to have a Reſerve of an Army ready upon any accidents of Warre to be drawne hither againſt Vs, and being alſo neceſſary for the ſatisfaction of Our Scottiſh Subjects (whom they muſt pleaſe) who would not be ſo forward in their ſervice without ſome good aſſurance (ſuch as is the having an Army of theirs kept on foot in Ireland at the charge of this Kingdome, and two of our ſtrongeſt Townes and Caſtles there delivered to them Cautionary Towns, as we may beleeve Berwick alſo is (being denyed the ſight of that Treaty) and by the Command of all the Engliſh Forces there by the Generall of the Scots) that they ſhall be well paid the Arreares to the Armies in both Kingdomes before they quit their Intereſt in Ireland. If we ſhall allow Proviſions thus imployed to be for the preſervation of the Engliſh Proteſtants in Ireland, We may believe they have repaid the 100000l taken up of the Adventurers money; and yet thus to reſatisfie this money, admitting it be currant ſatisfaction for the debt, can be no ſatisfaction or excuſe for the former diverſion.
But ſince they cannot excuſe themſelves for this diverſion of218 the Adventurers money, nor of the other moneys raiſed for Ireland, nor of the imploying the forces raiſed for that Kingdom, under the Command of the Lord Wharton againſt us at Edge-Hill, which they deny not, They fall to recriminate Vs.
They ſay, They have mentioned particulars of proviſions for Ireland, (beſides thoſe few clothes taken neere Coventry, which being formerly anſwered by Our Commiſſioners, they do not againe urge) aſſerted to be ſeiſed, not without Our owne knowledge and directions, as they were informed. This they had formerly alledged and our Commiſſioners had anſwered (as we do now) that they have inſtanced no particulars at all of any ſuch proviſions ſeiſed. And whereas they ſay, that Out forbearance to ſeiſe ſome proviſions (which Our Commiſſioners alleadged in our greateſt wants, we forbore to take, though they lay in Magazines, within Our owne Quarters, but took order to ſend away into Ireland,) was no excuſe for ſeiſing others, they miſapply that to be an excuſe, which was alleadged as an evidence that We ſeiſed none, ſince we might in Our great want have ſeiſed thoſe if we had been minded to have ſeiſed any.
They ſay again, the ſervice of that Kingdom, was much prejudiced by denying the Lord Wharton's Commiſſion, of which they have not received ſatisfaction. To this it hath been already anſwered, that thoſe Forces were raiſed for him, before any Commiſſion demanded from us, and that the Commiſſion for him propoſed to us, was, to have been independant of the Lievtenant of that Kingdom; Cauſes (though not ſatisfactory to them) yet ſufficient in themſelves to juſtifie Our re•uſall. But beſides theſe, it is apparent the Army which was brought down againſt Vs, was their raiſing, that the Lord Wharton was one of the moſt active in it, and We had cauſe to be confident (nor did he faile us therein) that what Forces he ſhould raiſe for Ireland, he would imploy againſt us in England, neither did that ſervice depend upon the Lord Wharton, other able Officers were appointed over thoſe Forces, whom (if they had as much affected that ſervice as the Perſon of the Lord Wharton) they might have truſted with the Tranſport of them to Ireland, where others of more experience and fitter for Conduct, then219 the Lord Wharton, might have taken the charge of them. They ſay further, That it was one end for which the Ceſſation was made, that the Forces might be brought hither to Ʋs, out of Ireland, and imployed againſt the two Houſes. The bleeding neceſſities of the poore Engliſh there (which have been mentioned, and whereof they cannot but be convinced) will beſt ſpeak the cauſe of that Ceſſation, and the fight of thoſe Souldiers halfe ſtarved, when they came over, having neither Clothes to their Backs, nor ſo much as Shooes to their Feet, nor any pay to provide either, will witneſſe the neceſſity of bringing them over, when there was no ſubſiſtance for them in Ireland, nor uſe for them there, during the Ceſſation; And for making uſe of them here, how can they quarrell at Our imploying Our owne Engliſh Souldiers, who ſhould otherwiſe have disbanded, when they make uſe of an Army of Scots againſt Vs.
They have bin told that they brought over out of Ireland the Earle of Leven, their Generall, and diverſe Scottiſh Officers, (which they deny not;) and that before the Engliſh Forces brought over, they attempted the bringing once the Scottiſh Forces in Ireland, as likewiſe diverſe Engliſh Officers there into this Kingdom; to which all the anſwer given is, that the Scottiſh Forces, which came over, were not ſent for. Which as it denies not what is objected, ſo neither can it excuſe their not ſending them back to the ſervice of Ireland, and imploying them here in an unnaturall Rebellion againſt Vs.
But whatſoever their owne acts or failings have bin in this buſineſſe of Ireland, & though apparently the neceſſities, which cauſed the Ceſſation, were occaſioned by the two Houſes, yet rather then they ſhall be guilty of the blame and neglect therein, Our people muſt be made to beleive, that either there were no ſuch neceſſities, or when that is ſo apparent, then that thoſe neceſſities were deſigned and contrived by a Popiſh and Prelaticall party, prevalent with Vs, and the ſupplyes denyed and ſtopped by Our Selfe, and ſo that it is reaſonable for them to preſſe and inſiſt, (as they do with much fervour) in their laſt Paper concerning Ireland, upon their demands for the ſetling of the proſecution of the War in themſelves, or the Scots, excluding220 Vs, and that there ſhall be no further Ceſſation or Peace made there; (though the War ſhould continue here,) to have the nomination of the Leivtenant, and all the great Officers there, and to have Vs bound up to aſſent to whatſoever acts they ſhall propoſe for moneys, or other neceſſaries for the proſecution of that War, and if We agree not to theſe Propoſitions, We are like to be charged with countenancing of that Bloudy Rebellion.
And therefore (though the unreaſonableneſſe of thoſe Propoſitions hath been fully laid open by Our Commiſſioners•n their Paper, yet becauſe this of theirs is framed in anſwer to thoſe, and the fervency and fluency of their expreſſions may make impreſſions on thoſe who doe not warily weigh the matter, We ſhall examine what new inforcements they bring to make good thoſe demands.
The proſecution of the Warre there, though it be demanded (generally) in the 13th Propoſition, to be ſetled in both Houſes of the Parliament of England, to be managed by the joynt advice of both Kingdoms, yet according to their 17th Propoſition, it is to be ordered according to the Ordinance of the 11th of April, 1644. which is alſo propoſed to be enacted. By that Ordinance the Scottiſh Generall Leven is to command all the Forces in Ireland, both Engliſh and Scottiſh, and that Warre is to be managed by a joynt Committee, to be named by the two Houſes of England, and the Eſtates of the Parliament of Scotland; And the Committees of each Kingdom is to have a negative voyce; They inſiſting to have the proſecution of the War thus ſetled, Our Commiſſioners anſwered, That this was in effect to deliver the Kingdom of Ireland into the hands of Our Subjects of Scotland, and neither agreeable to the rules of honour or prudence. That it was unreaſonable if the War continued here, that We by Our conſent to Act of Parliament for the manageing of that War, and raiſing moneys for that purpoſe, ſhould put ſo great power into their hands, who during theſe troubles may turne that power againſt Vs. And laſtly, that if the diſtractions continued here, the Forces and Wealth of this Kingdome would be ſo imployed at home, that the proſecution of that221 Warre to the ſubduing of the Rebels, was impoſſible, but probably might be deſtruction of the remainder of Our good Subjects.
For the power given to Our Scottiſh Subjects in that Kingdom, Our Commiſſioners urged, that Generall Leven being to Command all the Forces in Ireland, and the Committee of Scotland having a Negative voyce upon difference of opinion, that Warre muſt either ſtand ſtill to the ruine of Our Subjects there, or be carryed as the Earle of Leven pleaſed, whoſe power was not bounded by any refeerence to Vs, or Our Lievtenant of Ireland, no nor to the Houſes of England, and though it had bin anſwered, that in caſes of diſagreement betwixt the Committee, the two Houſes might proſecute the War, obſerving the Treaty of the ſixt of Auguſt, and the Ordinance of the 11th of April, yet by referring to that Ordinance, (which is deſired to be enacted) and by that Ordinance the power being thereby put into the Earle of Leven, and that Committee without mention of the two Houſes, it was apparent the Earle of Leven would not be bound to obſerve the directions of the Houſes of England by themſelves.
But they Reply in this laſt Paper of theirs, That as the Ordinance of the 11th of April, 1644. ſo the Treaty of the 6th of Auguſt, 1642. is deſired to be confirmed, by which the Commander of the Scottiſh Forces in Ireland was to be anſwerable to Ʋs, and the two Houſes of the Parliament of England, for his whole deportment. But this is apparently no anſwer at all, for this Treaty of the ſixt of Auguſt, binds not the Coommittee who are to manage that War, and relates to the Scottiſh Generall as Generall of the Scots only, the other of April, 1644. being later in time, giving him power alſo as Commander in cheife over the Engliſh Forces in Ireland, and according to this later, he is to receive his Orders from the Committee, without reference to us or the two Houſes, neither can the two Houſes be hereby brought in to have Command over this Scottiſh Generall, or Committee more then Our Selves, whom they intend wholly to exclude; yet We cannot but obſerve even upon theſe Articles of the Treaty of the ſixt of Auguſt, how little cauſe there222 is to expect this Scottiſh Generall will manage that Warre for the good of this Kingdome, who being by thoſe Articles to be anſwerable to Ʋs, as well as to the two Houſes (for then though the ſame deſigne was on foot, yet their outward pretences were ſomewhat more modeſt then now they are) did without directions from Vs leave his charge in Ireland, to bring an Army into England againſt Vs. Well they ſay at laſt, they had (by the 13th Propoſition) deſited the proſecution of the Warre to be ſetled in the two Houſes, and ſo taking all together, that the Earle of Lev•n cannot manage that Warre according to his owne diſcretion: But we muſt remember them, the Propoſition is not barely to ſettle the proſecution of the Warre in the two Houſes, but to ſettle it in the two Houſes, to be managed by the joynt advice of both Kingdomes, and that joynt advice is by a joynt Committee according to the Ordinance of the 11th of April, in which Committee they confeſſe thoſe of Scotland have a Negative Voyce, and by the laſt part of the 17th Propoſition, the Warre of Ireland is to be ordered according to that Ordinance.
But they ſay, The Scottiſh Commander is to receive Orders from the Lievtenant of Ireland, if a Lord Lievtenant ſhall be choſen by the two Houſes (for a Lievtenant nominated by Vs, is not allowed by them to give Orders to the Scottiſh Generall) This indeed (though not warranted by their Propoſitions, upon which nevertheleſſe they inſiſt) yet being admitted, in this latitude might ſeem to give ſome power to the two Houſes over the Scotch Generall in the manage of the Warre, as giving the Lievtenant ſuch a power, and by conſequence the two Houſes who have power over this Lievtenant. But they ſay not generally; that he ſhall receive Inſtructions from the Lievtenant, but that he ſhall receive Inſtructions from the Lievtenant in ſuch manner a•they have ſet downe in their Paper of the 20th of February, that is, when it ſhall be neceſſary for the good of that Service, that he and the Commander in chiefe of the Scottiſh Army joyne; but how ſhall it be for the ſervice that he joyne with him when he ſhall Command no Forces with which he may joyne, the Scotch Generall being by the Ordinance of the 11th of April,223 to Command all the Forces whatſoever in Ireland? But admit them to have joyned; Then the Scotch Generall is to receive Inſtructions from the Lievtenant, according to the Orders which ſhall be given by the Commiſſioners of both Kingdoms, ſo and no otherwiſe. Still the caſe is the ſame: The Scottiſh Generall is not bound to obey any Orders, but ſuch as ſhall come mediately or immediately from the Committee of both Kingdomes. And (whatſoever evaſions and diſguiſes are made to cover it from Our Peoples Eyes) the Scottiſh Committee being an equall number, and having an equall ſhare in the Counſells, and their Generall having the Command of all the Forces; It is apparent the whole power over that Kingdome, is in effect to be transferred to them.
But ſhould We admit that theſe Propoſitions did not give ſo great power in Ireland to Our Subjects of Scotland, yet how ſhould it be imagined, that We ſhould put the proſecution of this Warre in the two Houſes in ſuch manner as is inſiſted on by them, ſo long as they maintaine a Rebellion againſt Vs in this Kingdom? It is not denied, but by their authority, diverſe Forces raiſed, and the Moneys levied for Ireland, were imployed againſt us in England, and upon the ſame pretences, that they made uſe of thoſe aydes (becauſe (as they alleadge in their Declaration upon that Subject) that the ſubſiſtance of Ireland, depended upon their wellfare here) they may ſtill make uſe of ſuch Power as ſhall be given them for the manage of that Warre, and raiſing Moneys for that purpoſe againſt Vs in England; neither if a Peace ſhould be concluded here, could we aſſent that the proſecution of the warre ſhould be ſetled in the two Houſes, excluding Our Selves as they intend it by thoſe words, The King not to moleſt them therein. Queen Elizabeth managed the Warre in Ireland ſolely, when the two Houſes were ſitting, and excluded them, though we inſiſt not upon that example, we ſhould be wanting to the truſt we have received from God, and that care of our Subjects which lies upon us (and of which We are to give him an account) to exclude Our ſelfe. They themſelves know, great bodies are not ſo fit to carry on the warre as a few, and therefore they have in224 a manner given up their power in this unhappy warre at home to their State Committee, whoſe reſolutions are rather brought to them for Countenance and execution, then for debate and deliberation.
They tell us, the Parliament of England is a faithfull Councell to us, and that we have truſted them with the proſecution of that Warre, and they faithfully diſcharged their parts in it, We wiſh, though We are willing to be ſilent in it, that yet the ruines and deſolations of this Kingdom would not ſpeak to poſterity what Councellors thoſe are, who have diveſted Vs of Our Revenue, Armes, Ships, Power, and even the ſecurity of Our perſon, who have Armed Our Subjects here, who have brought in the Scots into this Kingdom, to the tearing up the bowels of it, who have infamouſly libelled againſt Vs and Our Conſort, who have threatned to depoſe Vs, and impeached Her of Treaſon, and who thoſe are, who have denied Peace to this miſerable Kingdom, unleſſe We would conſent to their unreaſonable deſtructive Propoſitions, overturning the whole frame of government, both in Church and State. They ſay, and it is true, We truſted them with the Proſecution of that Warre, and how faithfully they diſcharged it, We will not again repeat, but We never truſted them ſo, as to exclude Our Selves, as they now ſuppoſe, and if we had relyed more on the judgements and advice of Our Privy Councell, and leſſe on theirs, neither that nor this Kingdom, had been in the condition they now are; It was their interpoſition and advice which hindred the tranſportation of the Army of Iriſh Natives out of that Kingdom into Spaine (even to Our diſreputation abroad, who had agreed with the Spaniſh Embaſſadour to ſend them over, and he in confidence of Our performance, had disburſed Mony for their tranſport) and had they been tranſported (their ſtay as it provoked them, ſo it emboldening and ſtrengthening the other Iriſh, we are confident the flames of that Rebellion would never have broken forth at all, or at moſt have been ſo ſmall, as might ſuddenly have been extinguiſhed: It was their advice that ſtaid Our going over thither in perſon, which probably might have ſtopped the rage of that warre, and by the225 bleſſing of God, would have ſaved the effuſion of much blood, which was ſince ſhed in that Kingdom: It was their unſeaſonable Declarations at the beginning of the Rebellion (before the old Engliſh and other Papiſts had engaged themſelves with the Rebels of Ʋlſter) of making it a warre of Religion, and againſt that connivence which had been uſed in that Kingdom ever ſince the Reformation, and tending to make it a Nationall quarrell, and to eradicate the whole ſtock of the Iriſh (which they now purſue by giving no quarter to thoſe few of that Nation in England, who never were in that Rebellion, but according to their duty aſſiſt Vs their Soveraigne) which made the Rebellion ſo generall, whereas otherwiſe the old Engliſh, as in former times (though Papiſts) would have joyned againſt thoſe Rebels. When We had offered in December 1641. That 10000 volunteers ſhould be raiſed preſently in England, for the ſervice of Ireland, if the Houſe of Commons would declare they would pay them; Inſtead thereof, in Ianuary following, Propoſitions were made for the tranſporting the Scots into Ireland, and We were adviſed by the two Houſes, to give the Command and keeping of the Town and Caſtle of Carickfergus to the Scottiſh, who were to be tranſported thither, and paid by this Kingdom, to which we returned anſwer, that we did not approve the ſame as prejudiciall to the Crowne of England, and the ſervice intended, and implying too great truſt for auxiliary Forces; yet afterwards becauſe, We perceived the inſiſting upon it would breed a great delay in the neceſſary ſupply of that Kingdom, we did admit of the advice of the Parliament in that particular, (and ſince by the Articles of the 6th of Auguſt 1642. (which though ſaid to be made by Commiſſioners, authoriſed by Vs and the Parliament of England, we never were made acquainted with them, till upon this Treaty almoſt three years after) both the Townes and Caſtles of Carickfergus and Colerane, are left with them as Cautionary) the conſequence whereof was ſuch ▪ that though the ſervice of Ireland was little advanced, or the poor Engliſh Proteſtants relieved by it, and this Kingdom drayned to pay thoſe (whoſe great arrears growing upon that agreement, muſt be226 paid out of Lands in Ireland, where they have ſo good footing already, or of Our good Subjects in England, according to their other Propoſitions) By this means the Scottiſh having an Army there, under colour of ſupplying them, Our Armes and Ammunition were ſent into Scotland, for the ſupply of another Army, to be brought into England, and the countenance of that Army in Ireland, as it gave encouragement to ſome of Our Scottiſh Subjects, ſo it over-awed others, and was a means without any the leaſt provocation to thoſe Our ungratefull Subjects, of bringing of another Army into this Kingdom. where they ſtill remaine, to the utter ruine of many of Our good Subjects, and the probable deſtruction of the whole Kingdom. And laſtly, it was upon their advice in February 1641. (ſhortly after thoſe Propoſitions tendred for tranſporting the Scots into Ireland) that we agree, that the Rebels Lands ſhould be ſhared amongſt the Adventurers, and the Rebels to have no Pardons, though we then expreſly declared, We did it meerly relying upon their Wiſdom without further examining, (what we in Our particular judgement were perſwaded) Whether that courſe might not retard the reducing of that Kingdom, by exaſperating the Rebels, and rendring them desperate of being received into grace, if they ſhould returne to their obedience. And it is moſt apparent, that thoſe Propoſitions, and the Act drawn upon them, wherein alſo a further Clauſe (not obſerved by Vs, but paſſed, as conceiving that Act had wholly purſued the Propoſitions) was inſerted, That every Perſon, who ſhould make enter into, or take any Compact, Bond, Covenant, Oath, Promiſe or Agreement, to introduce, or bring into the ſaid Realme of Ireland, the Authority of the Sea of Rome, in any caſe whatſoever, or to maintaine or defend the ſame, ſhould forfeit his Lands and Goods, (as in caſe of Rebellion) were great cauſes, not onely of provoking, bu•increaſing and encouraging the Rebels: who having no pretence before for that horrid Rebellion, had now ſome colour to make it a matter of Religion, and ſo to make their application to Forreigne Princes, and to negotiate with them for delivering that Kingdome into their hands. We profeſſe Our averſion from their Religion and hatred to their Rebellion,227 but though We think them worſe Chriſtians, becauſe they are Rebels, we think them not worſe Rebels, becauſe they are Papiſts. A Proteſtant Rebel in the ſame degree of Rebellion, hath farre more to anſwer, as having more light, and it being more expreſſely againſt the Religion he profeſſeth, whereof it hath heretofore been a maxime (though it be now taken for Apocryphall doctrine) not to take up Armes againſt their Frince upon any pretence whatſoever. And as we have endeavoured by Our Perſonall example & otherwiſe, ſo we ſhall ſtill continue, by all good meanes to propagate the Proteſtant Religion, but we are farre from that Mahumetane doctrine, that we ought to propagate Our Religion by the Sword. And though We ſhall be moſt willing to hearken to the advice of Our People Aſſembled in a free Parliament, yet we ſhould be wanting to the Truſt that God hath repoſed in Vs, and Our uſe of that reaſon with which he hath endowed Vs, if We ſhould wholly give up that Kingdome to be managed ſolely by their Counſells, ſecluding Our Selves from all Intereſt therein, eſpecially when We conſider that which experience hath taught Vs, if they have the ſole power of that Warre (by which all the Souldiers and Commanders, being to be nominated and paid, removed and advanced by them the neceſſary application (paſſing by V•) muſt be made to ſuch as are powerfull with them) how eaſie a matter it will be for a prevalent Faction (if they ſhall have a mind to demand other things hereafter not fit to be granted) againe to bring over an Army raiſed and payed by them into this Kingdome, eſpecially ſo much compoſed of Our Scottiſh Subjects. And whereas they deſire further, The nomination of the Lord Lievtenant, and other great Officers and Judges in that Kingdome (which they alſo deſire in this of England) they cannot but know, that it muſt o•neceſſity take away all dependency upon Vs, and application to Vs, when the power to reward thoſe who are worthy of publique Truſt, ſhall be transferred to others, and having neither force left Vs to puniſh, nor power to reward, We ſhall be in effect a titular contemptible Prince. We ſhall leave all Our Miniſters to the knowne Lawes of the Land to be tryed and puniſhed according228 to thoſe Lawes if they ſhall offend, but We cannot conſent, to put ſo great a Truſt and Power out of Vs, and we have juſt cauſe to conceive, that notwithſtanding all their ſpeciou•pretences this deſire of nomination of thoſe great Officers, is but a cloke to cover the Ambition of thoſe, who having been the Boutefeux of this Rebellion, deſire to advance themſelves and their owne Faction. And to that which is ſaid that Our bad choice of Our Lievtenants of Ireland, was the loſſe of many thouſand Lives there, and almoſt of the whole Kingdome from Our Obedience: They cannot but witneſſe who know that Kingdome, that during the Government there by Lievtenants of Our Choyce, that Kingdome enjoyed more plenty and Peace, then it ever had ſince it was under the ſubjection to the Crowne of England; Traffique by Sea, and Trade by Land encreaſed, Values of Land improved, Shipping multiplyed beyond beliefe, Never was the Proteſtant Religion more advanced, nor the Proteſtant protected in greater ſecurity againſt the Papiſts; And We muſt remember them, that that Rebellion was begun, when there was no Lievtenant there, and when the Power and Government, which had been formerly uſed in that Kingdome, was queſtioned and diſgraced, when thoſe in the Parliament there, by whom that Rebellion was hatched, were countenanced in their Complaints and proſecution.
But they are not content to demand all the power over Ireland, and the nomination of all Officers, but We muſt alſo engage Our Selfe, to paſſe ſuch Acts as ſhall be preſented to Ʋs for raiſing of Monyes and other neceſſaries for that Warre: Our former readineſſe to paſſe Acts for Ireland, becauſe they were adviſed by the two Houſes, (when they were apparently prejudiciall to Our Selfe, and contrary to Our owne Judgement) might ſufficiently ſatisfie them, We would make no difficulty to conſent to ſuch Acts as ſhould be for the good of that Kingdome but they have been already told it was unreaſonable to make a generall engagement, before we ſaw the Acts whether reaſonable or no, and whether thoſe other neceſſaries may not in truth comprehend what is not onely unneceſſary, but very inconvenient. But the People they ſay, who have traſted them229 with their Purſe will never begrudge what they make them lay out upon that occaſion. The two Houſe•indeed were entruſted, that Our Subjects ſhould not be charged without them, but they never were ſolely truſted by Our Subjects, with a power to cha•ge them, the care that no preſſure in that, or any other kind ſhould be upon Our Subjects, is principally in Vs, without whoſe conſent (notwithſtanding the late contrary and unexampled practice) no ſuch charge can, or ought to be levyed, and we ought not to give that conſent,•ut where it is viſible for the good of Our Kingdomes, which upon ſuch an unbounded power of raiſing Monyes may fall out otherwiſe, eſpecially in ſo unuſuall a caſ•as this, where thoſe who muſt have the ſole manage of the Warre, ſhall have the ſole command of the Purſe, without any ch•ck or controll upon them. But they ſay againe; We have heretofore been poſſeſſed againſt the Parliament, for not giving away the Money of the Subject when We had deſired it, but never yet did We reſtraine them from it. It is true, We had no great cauſe heretofore to reſtraine the two Houſes from giving the Subjects Money to Vs, having found more difficulty to obtaine from them three or foure Subſidies, then they have met with, in raiſing ſo many Millions. But Our People cannot think themſelves well dealt with by Vs, if We ſhall conſent to put an unlimited power of raiſing what Monyes they pleaſe, in thoſe Perſons, who have drayned more wealth from them in foure yeares, then We beleeve all the Supplies given to the Crowne in 400 yeares before have amounted unto.
In the laſt place, We wiſh every man to conſider how the Rebels in Ireland can be reduced by War, whilſt theſe unhappy diſtractions continue here, whilſt contrary Forces and Armies are raiſed in moſt parts of this Kingdom, and the bloud of Our People is ſpils like water upon the ground, whil'ſt the Kingdom in waſted by Souldiers, and the people exhauſted by maintaining them, and (as if this Kingdom were not ſufficient to deſtroy it ſelf) whileſt on Army of Scots is brought into the bowels of this Kingdom, and maintained at the charg of it ▪ whil'ſt this Kingdom labours under ſuch a War, how is it poſſible, that a conſiderable ſupply of men or money can be ſent into Ireland?
230To this with much fervour of expreſſion they ſay, It muſt not depend upon the condition of Our other Kingdoms to reveng Gods quarrell upon ſuch perfidious Enemies to the Goſpell of Chriſt, who have embrewed their hands in ſo much Proteſtant bloud. That the Ceſſation is for their advantage, Armes and Ammunition, and all manner of Commodities may be brought to them. That it is not fit there be any agreement of Peace or reſpite from hoſtility with ſuch creatures as are not fit to live, more then with Wolves or Tygers, or any ravenous Beaſts, deſtroyers of mankind.
We are moſt ſenſible of the bloud and horror of that Rebellion, and would be glad that either a Peace in this Kingdom, or any other expedient might furniſh Vs with meanes and power to do Iuſtice upon it. If this cannot be, We muſt not deſperately expoſe Our good Subjects to their Butchery without meanes or poſſibility of protection, God will in his due time revenge His Owne Quarrell, in the mean time His Goſpell gives Vs leave in caſe of War to ſit down, and caſt up the coſt, and eſtimate Our power to goe through with it, and in ſuch caſe where prudence adviſeth, it is lawfull to propoſe conditions of Peace, though the War otherwiſe might juſtly be purſued. And ſurely as a Ceſſation in Ireland may be ſome advantage to the Rebels, as all Ceſſations in their nature are to both parts, they having thereby time and liberty to procure Armes and Ammunition to be brought to them: So it is not only for the advantage, but neceſſary preſervation of Our good Subjects there, whoſe bleeding dangers call for Our bowells of Charity and Compaſſion, by ſuſpending the rage of the Adverſary by this Ceſſation, till meanes may be found to turne their hearts, or to diſable their malice from purſuing their cruelty, to the utter ruine of that remainder of Our good Subjects there, it being more acceptable to God and man to preſerve a few good men from deſtruction, then to deſtroy a multitude, though in the way of Iuſtice, and perhaps a Ceſſation may bring ſome of thoſe Rebels to reflect upon their offences, and to return to their duty, all are not in the ſame degree of guilt, all were not authors of, nor conſenting to the Cruelties committed, ſome were enforced to comply with, or not reſiſt their proceedings, ſome were ſeduced upon a beliefe231 the Nation was deſigned to be eradicated, and the War not againſt the Rebellion only, but their Religion. The War deſtroyes all alike without diſtinction, (even innocent Children have ſuffered, not by the Rebels only) and all are not Tigers, or Wolves, there may be grounds of mercy to ſome, though no ſeverity be exceſſive towards others; However We cannot deſire the d•ſtruction, even of the worſt of thoſe Iriſh Rebels, ſo much as We do the preſervation of the poore Engliſh remaining there; But ſhould make choice rather, to ſave the Rebels, for preſerving the lives of thoſe poore Proteſtants, then deſtroy them to ruine the Rebels. And therefore exceeding ſtrange it is to Vs, and we are ſor•y to find, that any Engliſh men (who have ſeen this their Native Country heretofore, (even in Our time) flouriſhing beyond moſt of the Kingdomes and Churches in the world, and now moſt hideous and deformed, weltring in the bloud of her own Children, and if this War continue, like to be a perpetuall ſpectacle of deſolation,) ſhould expreſſe, that they deſire warre in Ireland, as much as they do peace here, no more valuing the ſparing of Engliſh bloud here, then they do the effuſion of the bloud of the Rebels in Ireland. They ſay indeed ▪ they are willing to lay out their Eſtates and Lives, both for the war in Ireland, and peace in this Kingdome, but withall they ſay, They have made Propoſitions for both, if Our Commiſſioners would agree to them: Theſe are the conditions they offer, neither peace is to be had here, without agreeing to their Propoſitions, nor that War in Ireland to be managed, but according to thoſe Propoſitions, ſuch Propoſitions, as apparently tend to the ruine of the Church, to the ſubverſion of all Our Power, to the ſetting up a new frame of popular government, to the deſtruction of Our Loyall and true-hearted Subject•; Propoſitions, which aſſociate Our Subjects of Scotland in their Counſells and power, and inveſt them in a great ſhare of the Government and wealth of this Kingdome, and render both the wealth and Power of Ireland, to be at their command. Theſe Propoſitions they inſiſt upon, and for the obtaining theſe, they are reſolved to engage the Lives and Eſtates of Our poore People in this unnaturall Rebellion. But We truſt God Almighty, will open the Eyes232 and the Hearts of Our People, not to aſſiſt them any longer againſt Vs in the ſhedding innocent Bloud in this Warre. And We caſt Our Selves on him, waiting his good time for the reſtoring the Peace of Our Kingdomes, and Our deliverance from theſe Troubles, which at length We are aſſured he will give unto Vs.
PAg. 8. lin. 14. read publique debts and dammages. p. 9. l. 13. r. In Commiſſioners, p. 52. l. 3 r. propoſed by us to your Lordſhips, p. 55. in the marg•r. no 164. for 166, p. 57. r. conference by your Lordſhips, p. 98. l. 16. r. peruſed for produced, p. 108. l. 2. r. of Scotland, p. 144. in the marg. r. 184. for 185. p. 180. r. denied for deemed, p. 205. againſt the laſt line put no 136.
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