THE LIBRARY
OF
THE UNIVERSITY
OF CALIFORNIA
LOS ANGELES
•
THE
PARLIAMENTARY
O R
CONSTITUTIONAL
Hiftory of England,
From the earlieft TIMES,
T O T H E
Refloration of King CHARLES II.
COLLECTED
From the RECORDS, the ROLLS of Parliament, the JOURNALS
of both Houfes, the Public LIBRARIES, Orignial MANU-
SCRIPTS, fcarcc SPEECHES, and TRACTS ; all compared
with the feveral Contemporary Writers, and cortne&ed,
throughout, with the Hiftory of the Times.
By SEVERAL HANDS.
THESECOND EDITION.
IN TWENTY-FOUR VOLUMES.
VOL. XVIII.
VromSept. 30,1648, to the Beheading of the King, theDiflblntion of
riie Houfe of Lords, the Abolifhingof Monarchy, and the Commons
aJluming to themfelves the fupreme Authority of the Nation.
L O N D 0 Ny
Printed for J. and R.TONSON, and A. MILLAR, in the
Strand ; and VV. SAKDIJV, in Flect-Jlrect,
MDCCLXI1I.
H/7
•/7k?-rt
_ ^ I A
THE
PARLIAMENTARY HISTORY
O F
ENGLAND.
N the fecond ofOfiober the Houfe An. 24 Car. I.
of Lords was called over, accord- t ' ^ ' _,
ing to an Order of the 21 ft of laft oftober.
Month, when feventeen Peers
were abfent, ten of whom were
excufed on different Avocations ;
and then it was ordered on the
Motion of the Lord Wkarton, in regard of the pre-
fent Grids of Affairs, That the Houfe be called
again on that Day Week, and that each Lord who
was not then prefent, or excufed, or fhould not,
upon another Summons, attend, be fined 50 /.
This Day came a Letter from/the Parliament's
Commiffioners treating with the King in the Ifle of
Wight ; which, with the Papers inclofed, were read
in hesc Verba :
For the Rifbt Honourable the SPEAKER of the He iff
of PEERS pro Tempore,
My Lord^ Nezvpyrt, Sept. 29, 1648.
« O Y our laft, of the 2sth Inftant, we gave A Utter from
• JD your Lord(hiPs an Account of our Proceed- '^
* ing* the laft Week. Since that Time we, upon in the
VroL. XVIII. A <thewi*ht.
The Parliamentary HISTORY
the fame 25th, put in our Paper upon the Pro-
portions concerning the Church, herewith fcnt
"oVtcr ' * you wnic'n tne King received ; and upon Thurf-
* day, being the 28th, the King delivered us a Pa-
4 per, which afterwards we returned back with the
* Paper here inclofcd ; conceiving, upon Ccnfulta-
* tion had with our Commiflion and Inftructions,
4 we had no Power to receive it : But the King,
* after hearing of our Paper, refufed to receive it
' or his own back again, and left them upon the
* Table where we fat to treat; and fo we all then
* departed.
' On Friday^ the 29th, we met his Majefty again,
4 who then offered us two other Papers ; which
4 being read, we difccrned them to relate to the for-
4 me'- Paper, which w?.s left upon the Table, as is
* before expreffed ; therefore conceiving, by our
4 Commiffion and InftrucHons, we had no P ower
4 to receive them, we did refufe to accept them ;
* and afterwards we withdrew and prefented his
* Majefty with the Paper inclofed , to defire his
* Anfwer to our Proportions delivered in concern-
* ing the Church ; unto which we, as yet, have
4 received no Anfwer. Of this we thought it our
4 Duty to give your Lordfhips an Account, and
* fhall further acquaint your Lordfhips with our
4 Proceedings, as1 there {hall be Occafion, and re-
4 main, -., r ,
My Lord,
Tour moft bumble Servants^
NORTHUMBERLAND, SALISBURY,
PEMBROKE and MONT- MIDDLESEX,
GOMERY, SAY and SELE.
The COMMISIONERS Ninth Paper^ concerning the
Propofit ions for the Church.
Newport, Sept. 25, 1648.
APapcr^rcfent-' "^/y E humbly defire your Majefty to give
ed to the King 4 your Royal Afient to the Proportions,
wSr'tbT" Bills' ^^ Ordi»a»ces enfuing,. concerning the
church. ' Church.
Firjl,
of E N G L A N D. 3
4 That a Bill be patted for the utter abo- An. 24 Car. r.
* liming and taking away of all ArchbUhops, Bi- . l648'
4 mops, their Chancellors and Commifiaries,
4 Deans and Sub-Deans, Deans ar.d Chapters,
4 Archdeacons, Canons and Prebendaries, and all
4 Chaunters, Chancellors, Treafures, Sub-Trca-
4 Hirers, Succentors and Sacrifts, and all Vicars
4 Choral and Chorifters, old Vicars and new Vi-
4 CJFS of any Cathedral or Collegiate Church, and
4 all other their Unxier-Omcers, out of the Church
* of England and Dominion of Walts^ and out of
4 the Church of Ireland. And that the feveral Or-.
4 dinances herewith delivered, the one intituled, An
4 Ordinance of Parliament for abolijhing of Arch-
4 b'jfiops and Bijbops within the Kingdom cf England
4 and Dominion of Wales, and for fettling their Lands
4 and Pojfejfions upon Trujlees for the Ufe of the Com-
* mon-wcalth : The other intituled, An Ordinance of
4 the Lords and Commons ajfembled in Parliament^ for"
t appointing the Sale of Bi/hops Lands for the Ufe of
4 the Common-wealth, be confirmed by Act of P*r-
4 liament.
4 That the Ordinances herewith delivered, con-
* cernmg the calling and fitting of the Aflembly of
-* Divines, be confirmed by Act of Parliament.
4 That Reformation of Religion, according to
4 the Covenant, be fettled by Act of Parliament
4 within the Kingdoms of England and Ireland^ arid
4 Dominion of Wales^ in fuch Manner as both,
4 Houfes of Parliament have agreed to, or (hall agree
* upon, after Confutation had with the Aflembly
* of Divines. And particularly,
4 That your Majefty will confirm, by A£l of Par-
* liament, the Directory herewith pfefented for the
* public Worfhip of God in the Kingdoms of Eng~
* land and Ireland^ and Dominion of Wales ; to-
4 gether wjth the feveral Ordinances herewith alfo
4 delivered, of the 3d of 'January 1644, and of
' the 23d of Augujl 1645, concerning the taking
* away of the Book of Common' Prayer, and efta-
* bliming and putting in Execution of" tin- laid Di-
* rciSlory,
A 2 < Ths:
Ybe Parliamentary HISTORY
( That your Majefty will likewife confirm, by
4 A£t of Parliament, the Form of Church-Govern-*
October. * ment herewith prefented to be ufed in the Chur-
' ches of England and Ireland, and alfo the Articles
4 of Chriftian Religion herewith delivered, and the
4 Ordinance herewith prefented, for the better Ob-
* fervation of the Lord's Day.
* That your Majefty will be pleafed to fwear and
* fign the Solemn League and Covenant herewith
* prefented ; and that Acts of Parliament be paffed
4 for enjoining the taking thereof by all the Sub-
* jecls of the Kingdoms of England and Ireland >
* and that the Ordinances herewith delivered, con-
' cerning the Manner of taking the fame in both the
* faid Kingdoms, be confirmed by Acts of Parlia-
* ment, with fuch Penalties as (hall be agreed upon
c by both Houfes.
4 That your Majefly will give your Royal Aflent
* to the Bill for fupprefiing Innovations in Chur-
4 ches and Chapels in and about the Worfhip of
4 God, and for the better Advancement of the
* preaching of God's Holy Word in all Parts of
* this Kingdom ; and to the Bill againft enjoying
* Pluralities of Benefices by Spiritual Perfons and
4 Non-refidence, which have been formerly deli-
* vered to your Majefty ; and to an Act to be
* framed and agreed upon in both Houfes of Par-
* liement, for the regulating and reforming both
* Universities, and of the Colleges of Weflminjler^
4 Winchejfer^ and Eaton.
4 And that for the more effectual difabling Je-
* fuits, Priefts, Papifts, and Popifli Recufants, from
4 difturbing the State and eluding the Laws j and,
* for the difcovering and fpeedy Conviction of Po-
* pifli Recufants, an Oath be eftabliftied by Acl of
* Parliament to be adminiftered to them j wherein,
4 they (hall abjure and renounce the Pope's Supre-
* macy, the Doctrine of Tranfubftantiation, Pur-
* gatory, worftiiping of the confecrated Hoft,
4 Crucifixes, Images, and all other Popifh Super-
4 ftitions and Errors : And refufing the faid Oath,
* bting tendered in fuch Manner as {hall be ap-
4 pointed
^ENGLAND. 5
* pointed by the faid Aft, to be a fufficient Con- An. 24 Car. I.
* vision of Popifli Recufants. t <6*8 ' ,
* That your Majefty will confent to an Aft or o<ftoba.
4 Afts of Parliament for the Education of Children
' of Papifts, by Proteftants, in the Proteftant Reli-
* gion ; and to an Aft or Afts for the true Levy of
* the Penalties ae;ainft them, which Penalties to be
* levied and difpofed in fuch Manner as both Houfes
* {hall agree on, wherein to be provided that your
* Majefty (hall have no Lofs.
' And to an Aft or Afts, whereby the Praftices
c of Papifts agiinft the State may be prevented, and
' the Laws againft them duly executed j and a ftric-
4 ter Courfe taken to prevent the faying or hearing »
' of Mafs in the Court, or any other Part of this
? Kingdom, or the Kingdom of Ireland.
[Signd by all the Commijfioners*]
To this Proportion was annexed a Copy of the
Solemn League and Covenant, which we have al-
ready given at the Time of its being fubfcribed
by the Members of both Houfes, in our Twelfth
Volume, p. 396.
The KING'S PROPOSITIONS delivered to the COM-
MISSIONERS on the i&th of September, 1648,
which they refitfedto receive, as inconfijlent with then"
Injlruftions (a).
CHARLES R. Newport, Sept. 28, 1648.
T7 1 S Majejiy did ufe many Endeavours for a His M-jjeftyv
•*•* Perfonal Treaty , which he hoped might have- c
been obtained at Weftminfter between him and his 01
two Houfes of Parliament immediately ; yet they ha-
ving made Choice of this Way, by you their Comtnif-
feoners, his Majejiy did gladly and cb ear fully accept
thereof in this Place, as a fit Means to bc>in a Treaty
for Peace, which might put an End to hi:: own fad
Condition, and the Miferies of his Kingd •;, .js ; 'for
A 3 an
(a) Thrfc are not entered in the LorJs Jcurnah } but we ^ive them
fcom Sir Edward IValhr't HiJiorUal ColkSitm.
T£<? Parliamentary HISTORY
Entrance whereunio, bis Majefey bath already ex-
bis Confent to tic Firjl Proportion* But
finding that }ou are limited by Inferuclions, which
yeu have no Warrant to communicate to him ; and
having Caufe, by your Paper of the "2Cth of this pre-
feni, to believe that you have no Power to emit or
alter cry Thing, though he Jhall give you fuch Rea-
fens as may Jatisfy you fo to do, without tranfmittirg
the Papers to the two Houfes at far Diflf-nce, where
lit Majefty's Reafbns, ExpreJJions, and Offers upon
Debate cannot be fully represented, and from "whence
your Ar fivers ccnnsi he returned without much Ifafle
of the Time allotted for the Treaty here : And ha-
T. :ng in: fly received another Paper concerning the
Church, containing in itjelf fever al Particulars of,
great Importanc^ and referring to divers Ordinances^
Articles of Rdi^ion^ and other Things^ eleven or
tii-el-ve in Number, of great Length, and feme of
than vety new, and never before prtfented to his
Mfijrj'y \ the due Confederation of many whereof will
tdh zip much Time, and require his M.ajefiy's Pre-
Jt.nce ti'/th his two Houfes before a full Refolution
(•;n well be had in Matters cffe high a Confequence :
To ike end, therefore, that the good fVork noufin Hand
W.-TV, by God's BleJJings, proceed more j'peedily and
effectually to a happy Conchfeon, and that his two
Houfes of Parliament may at preftnt have farther
Security, and an Earneft of future Satisfaction, his
Majrjly, upon Confederation had of 'your ~st makes thefe
Pr.pofetions following :
Conci rniag the Gkffrck ; his MajeJIy will confent,
that the Calling and Sitting of the Jjj'embly of Divinei
at Wtftminucr, be confirmed for three Tears by Aft
of Parliament*
Andii'i'l, by Att of Parliament, confirm, for three
Tears, the Directory for the public Worfmp of God in
' the Kingdoms ^/"England and Ireland, and Dominion
of Wales.
And will likewife confirm for three Tears, by Aft
of Parliament, the Form of Church-Government^
which you have pre Tented to him to be ufed for the
Churches of England and Ireland, and Dominion of
Wales :.
of E N G LAND. 7
Wales : Provided thai bis Majcjly and thofe of his An. 24 Car.
Judgment, or any others who cannot in Confcun^ l64:'-
jubrnit thereunto, be not in the mean Time obliged to
comply -with the faid Government or Form of If'orfoip,
but have free Pratticc of their own Profeff.on : And
that a free Conciliation and Debate be had with the
Affembly of Divines at Weflmi after, (twenty of h;s
Mf'jejly's Nomination being added to them} •whereby
it may be determined by his Afajefty and his two Houfes
of Parliament, how the faid Church Government and
Form of public Wor/hip, after the faid Time, may be
fettled, or fconer, if Differences may be agreed : And
how alfe Reformation and Religion may be fettled
within the Kingdoms of England and Ireland, and the
Dominion of Wales ; and the Articles of Chriflian
Religion now delivered to him, may in like Manmr be
then conjidered of and determined, and Care taken for
the Eafe of tender Confciences.
And concerning the Bijhops Lands and Revenues^
his MajeJJy confedering that, during thefe troublefome
Times, divers of his Subjects have made Contracts and
Purchafes, and divers others have dijburj'ed great Sums
of Money upon Secnrity and Engagement of thofe
Lands ; his Majejty,for your Satisfaction, will content
to an Afi or Acls of Parliament, ivhereby legal Ejlates
for Lives, or for Years, at their Choice, not exceeding
ninety-nine Tears, /hall be made of thofe Lands, t6wards
the Satisfaction of the faid Pitrchafers, Contractors,
and others to whom they are engaged, at the old Rents,
or feme other moderate Rents, whereby they may receive
Satisfaftion.
And in cafe fucb Leafe
will propound and confent to feme other Way for their
d in cafe fucb Leafes /hall not fuffice, his
further Satisfaction.
Provided that the Property and Inheritance of tlxife
Lcinds may Jlill remain and continue to the Chunk and
Churchmen refpeftively, according to the pious Inten*
tions of the Donors and Founders thereof, and the
Rents that fliall be referved, to be for their Mainte-
nance.
His Majejty will give his Royal AJJ'ent to an Art
for the bitter Observation cf the Lord's Day, for fup-
A 4 Pr']fm$
*The Parliamentary HISTORY
pr effing of Innovations, in Churches and Chapels, in
and about the W^orjhip of God, and for the better Ad-
vancement of the Preaching of God's Holy Word in
all Parts of this Kingdom ; and to an Afl againjt en-
joying Pluralities of Benefices by fpiritual Perfons, and
Non-Refu!ences ; and to an Aft for regulating and re-
forming both the U?iiverjities, and Colleges of Weft-
minfter, Winchefter, and Eaton.
His Majejly will confent to an Aft for the better
Difcovery crt;d fpeedy Conviction of Popijl) Rccufants,
as is dc fired in the Proportions.
And alfo to an ASlfor the Education of the Children
cf PapiJIs by Protrftants in the Protejlant Religion.
As alfo to an Aft for the true levying of the Penal-
ties again/I Papijls, to be levied and dijpofcd in fuch
Manner as both Houfes Jhall agree en, and as is propofed
</n his Majejly 's Behalf.
As alfo to an AR to prevent the Practices of Papifts
again/I the State, and far putting the Laws in Exe-
cution, and for ajlriflir Courfe to prevent hearing or
faying of Mafs,
But as to the Covenant, his Jllaje/ly is not yet there-
in fatisf.ed, that he can either fign or fwear it, or
confent to impofz it on the Consciences, of others^ nor
doss canceive it proper or ufeful at this Time to be in-
Touching the Militia ; his Majefy conceives that
your Propcjiiion demands a far larger Power over the
Perfons and Ejlates of his Subjects, than hath ever hi-
therto been warranted by the Laws and Statutes of
• this Realm ; yet confide.ring the prefent Dijlrattions
require more, and trujling in his two Houfes of Par-
iiament, that they will make no farther Ufe of the
Pciuers therein mentioned, after the prefent Di/tempers
fettled, than Jhall be agreeable to the legal Exercife
thereof in Times paj}, or juft Necejffity Jhall require ::
His Majefty will confent to an Aft of Parliament,
that the Lords and Commons in the Parliament of
England now ajjembled, or hereafter to be ajjembled^
~t>r fuch as they Jhall appoint during the Space of ten
Years, Jhall arm, train, and difcipline, or caufe to be
armed, trained^ and disciplined all the Forces of the
Kingdoms
of *E N G L A N D. 9
Kingdoms of England and Ireland, and Dominion of An. 24 Car. I.
\V ales, the Jfes of Guernfcy and Jerfey, and the t 1>4_8' ,
Town of Berwick upon Tweed, already raifed loth oftober.
fir Sea and Land Service ; arid fiall, from Tir.:e to
Time, during the faid Space of ten Tears, raife, levy,
arm, train, difcipline, or caufe to he raifed, levied,
armed, trained, and difciplincd any other Forces for
Land and Sea Service in the Kingdoms, Dominion, and
Places aforefaid, as, in their Judgment, they /hall, from
'Tune to lime, during the faid Space of ten Tears,
think jit and appoint ; and that neither the King, his
Heirs or SucceJJors, nor any other, but fuch as Jhall
c£l by the Authority or Approbation of the faid Lords
and Commons, foall, during the faid Space of ten
Tears, exercife any of the Powers aforefaid.
That Monies be raifed and levied for the Mainte-*
nance and Ufe of the faid Forces for Land Service, and
of the Navy and Forces for Sea Service, in fuch Sort,
and by fuch Ways and Means, as the faid Lords and
Commons Jhall from Time to Time, during the Space of
ten Tears, think fit and appoint, and not otherwife.
fad the faid Lords and Commons, or fuch as they
Jhall appoint, during the fojd Space of ten Tears, /hall
have Power,
Firft, To fupprefs all Forces raifed, or to be raifed,
•without Authority and Confent of the faid Lords and
Commons, to the Diflurbance of the public Peace of
the Kingdoms of England rfw/IHand, Dominion of
Wales, the IJles of Guernfey and Jerfey, and the
Town of Berwick upon Tweed, or any of them.
Secondly, To fupprefs any foreign forces who Jhall
tnvade, or endeavour to invade, the Kingdoms of Eng-
land and Ireland, Dominion of Wales, the IJles of
Guernfey and Jerfey, and the Town cf Berwick upon
Tweed, or any of them.
And that after the Expiration of the faid ten Tears,
y.either the King, his Heirs or SucceJJors, or any Per-
fan or Perjons, by Colour or Pretence of any Commif-
fion, Poiver, Deputation, or Authority to be d- rived
from the King, his Heirs or SucceJJors^ or any of them^
Jhall, without the Confent of the faid Lords and Com-
mons^ raiffj arm, train, dijcip/inet employ, order,
io 'The Parliamentary HISTORY
An. 24 Car. T- manage, disband, or difpofe, any of the Forces by Sen tf'
l64^ ^ Land of the Kingdoms of England and Ireland, the
"~~~^ Dominion of Wales, Jjles of Gucmfcy <7»rfjerfcy»
and the Town of Berwick upon Tweed ; nor exercif*
avy of the. faid Powers or Authorities herein before-
nientloned and expreffed to be, during the faid Space of
ten Years, in the faid Lords and Commons ; nor dt
any Aft or Thing concerning the Execution of the fmd
Powers and Authorities, or any of them, without the
Cenfent of the faid Lords and Commons firjl had and.
obtained.
And with a Provifo for faving the ordinary legal
Power of Officers of Jujiice, not being Military Of-
ficers, as is fet down in your Proportions.
And with a Declaration, That if any Perfons Jhall
be gathered and affembled together in warlike Manner,
cr othenvifey to the Number of thirty Perfons, and Jhail
not forthwith difperfe themf elves, being required there-
to by the faid Lords and Commons, or Command from
them, or any by them efpecially authorized to that Pur-
fofe ; then fuch Perfon or Perfons, not fo difperfing
themfelves, Jhall be guilty, and incur the Pains of High
Treafon ; being firjl declared guilty of fuch Offence by
the faid Lords and Commons, any Commijjion under the
Great Seal, or other Warrant to the contrary notwith-
JJanding ; and he or they, that Jhall fo offend herein,
to be incapable of any Pardon from his Majefty, his
Heirs, or Succeffon.
And likewife that it be provided, That the City of
London Jhall have and enjoy all their Rights, Liber-
ties, &c. in raifing and employing the Forces of that
City in fuch Sort as is mentioned in the faid Propoji-
tions.
IVith thefe Proportions following to be infertedin the
faid An :
I. That none be compelled to ferve in the War a-
gainjl their Wills, but in cafe of coming in of Jf range
Enemies,
II. And that the Powers above-mentioned, as con-
cerning the Land Forces, (other than for Keeping-up
and Maintenance of Forts and Garrifonsy and for the
Keeping"-
gf ENGLAND. 11
Keeping- ufa Maintaining, and Pay of this prefent An. 24 Car. I.
>my, ^ *%'" tfJ it foall be thought fit by both Hnfis ^ ^j^_ f
of Parliament] be exercifed to no other Purpsfes then cooler.
for fupp^rtjjfag of Forces raifed, or to be rmjcd, with-
out Authority and Confent of the f aid Lords and Com-
mons as aforcfaid, or for fupprej/ing of any foreign
F'.ms which Ibfill invade, or endeavour to invade, tht
Kingdsms, Dominion, and Places aforcfaid.
III. And that -the Monies be raifed by general equd
Taxations ; faying that Tonnage and Poundage, and
fuch Irr.pfj/rs as have been applied to the Navy, may be
'rcif'd fis hath b?\n ujual.
IV. And that all Patents, Convnijjions and other
Afis concerning the Premises, be made and afted, in his
Majejh's Name, by Warrant fignified by the "Lords
'and \^cmm:m:, or fuch others as they fnali authorize for
that Purpofe. If it fl)dl be more fatisfafiory to hh
tiuo Houjes to have the Militia, and Powers thereupon
defending, during the whole Time of his Majejly*s
Reign, rather than for the Space of ten Tears, hif
Majefiy therein gives them the Election.
Touching Ireland ; his Majejly having in the two
preceding Proportions given his Confent concerning the
Church, and the Militia there,, in all Things as in Eng-
land ; as to all other Mqters relating to that Kingdom*
after Advice ivith his tzvo Houjes, he will leave it to
their Determination, and give- his Confent accordingly
'as is herein after expreffed.
Touching public Debts ; his Majejly will give his
Confeni to fuch an Aft for raifing Monies, by general
and equal Taxations, for the Payment and Satisfying
sf the Arrears of the Army, and public Debts and
Engagements of the Kingdom, as {hall be agreed on by
loth Houfis of Parliament, and fljall be audited and
fifcertnined by them, or fuch Perfons as they /hall ap-
point, within the Space of twelve Months after the
^ajjing of an Adi for the fame.
His Majefty will confent to an Att that, during ths
faid Space of ten lean, the Lord-Chancellor or Lord-
Keeper, Commifjioners of the Great Seal or Trcafury,
Lord-Warden of the Cinque Portst Chancellor of the
Exchequer
1 2 T/je Parliamentary HISTORY
An. 14 Car. I. Exchequer and Duchy, Secretaries of State, Majler
l648' of the Roils, "Judges of both Benches, and Barons of
Oftob r ^c Exchequer of the Kingdom of England, be nomi-
nated^ by both Honfes of the Parliament of England,
to continue, Quam diu fe bene geflerint ; and in the
Intervals of Parliament, by fuch others as they Jhall
authorize for that Purpcfe.
His Majefy will confcnt that the Militia of the
City of London and Liberties thereof, during the Space
of ten Yearn, may be rn tfre Ordering and Government
of the Lord Mayor, Aldermen, and Commons in the
Common Council ajfembled, or juch ai tbsy /hall, from
"Time, appoint, (whereof the Lord Mayor and Sheriff's
for the Time being to be three) to be employed and di-
re fled, from Time to Time, during the f aid Space of
ten Years, in fuch Manner as jhall be agreed on and
appointed by both Houfes of Parliament ; and that no
Citizen of the City of London, nor any Forces of the
faid City, Jhall be drawn forth, or compelled to go out
of the faid City or Liberties thereof, for Military Ser-
vice, without their own free Conjent.
That an Aft be pajjedfor the granting and confirm-
ing the Charters, Cuftoms, Liberties, and Franchifes
of the City of London, notwith/landing any Nonufer,
Mifufer, or Abufer ; and that, during the faid ten
Years, the Tower of London may be in the Govern-
ment of the City of London ; and the chief Officer
and Governor thereof, from Time ta Time, during the
faid Space, be nominated and removeable by the Com-
mon Council, as are dejired in your Proportions.
His Majejly having thus far exprejfed his Confent
fcr the prefent Satisfaction and Security of his two
Houfes of Parliament, and thofe that have adhered
unto them, touching your four firjl Propofttions, and
other the Particulars before fpecified : As to all the reft
tf your Propojitions delivered to him at Hampton-
Court, (not referring to thofe Heads) and to that of
the Court of Wards ftnce delivered, as alfo to the
remaining Proportions concerning Ireland, his Majejly
defires only, when he J}>all came to Weftminfter, per-
fonally to advife with his two Houfes, and to deliver
his Opinion and the Reafons of it ; which being done,
^ ENGLAND.
be will have the whole Matter of tbofe remaining Pr6~
pofitions to the Determination of his two Houfes^ which
Jhall prevail with him for his Confent accordingly.
And his MajeJJy doth^ for his own Particular^ only
propofe^ That he may have Liberty to repair forthwith
to Weftminfter, and be rejlored to a Condition of ab-
folute Freedom and Safety, (a Thing which he Jhall
never deny to any of 'his Subjects) and to the Poff'ejfton
of his Lands and Revenues ; and that an Att of Obli-
vion and Indemnity may pafs, to extend to all Perfoxs
for all Matters relating to the late unhappy Diffe-
rences \ which being agreed by his two Houfes of Par-
liament^ his Majejly will be ready to make thefe his
ConceJJions binding^ by giving them the Force of Laws
by his Royal AJJent.
The COMMISSIONERS TENTH PAPER, cccafioned by
the foregoing : This the King refufed to accept of (e ).
Neivport, Sept. 29, 1648.
« T T PON the Paper delivered by your
' \*J the 28th of September, we acquainted
« Majefty that we had not refolved whether we
* might retain that Paper or not ; and fiace, upon
' Perufal and Confideration thereof, and of our
* Commiflion and Inftru&ions, we find that albeit
* your Majefty will be pleafed to ftyle them your
* Propofitions, yet they are as Anfwers to the four
* Propofitions firft to be treated on, and to divers
' of the reft, and are fo exprefled in your Majefty's
' Paper in thefe Words,' His Majejly having thus
* far exprejjed his Confent for the prefent Satisfac-
' tion and Security of his two Houfes of Parliament t
' and thofe that have adhered to them^ touching the
* four firft Propofitions^ and in other Parts of your
6 Paper ; and therefore being, by our Inftru&ions,
' to proceed in the firft Place upon the four Propo-
' fitions in Order, and upon the reft as they are
' placed, as hath been declared already to your
' Majefty by our Paper of the i8th of this Inftant;
« and
(<•) This is taken from the LtrJi Journals, afl-i is not in Sir Ed>
ward Walkers CeUe&ons.
Parliamentary HISTORY
An. 34 Car. 1. « 2n i finding that you have given Anfwers to the
t *64-s- j <• £rft four proportions, and divers of the reft to-
OSobt- ' gether, without admitting Debate up' n the Pro-
c petitions fevera'ly, by which we fhould have en-
* deavoured to have given your Majefty Satisfac-
' tion in the feveral Proportions as they had been
' treated on, we humbly return herewith your Ma-
' jefty't; Paper, and dcfire your AnlVer to the Paper
* delivered the 2cth of th s Inftant, concerning the
' Church, whereunto your Majefty hath given no
* full Anfwer in your Paper.'
[Sign'd by all the Cotnmijjioncrs.]
The KING'S Firft Paper in Tuftification of his Pro-
pofitions refuf-jd by the Comiiaulicners (f).
Newport, Sept. 29, 1648.
CHARLES R.
TTl S Majefty did receive the Votes of both Houfes
" of Parliament of the third of Auguft lajl%
whereby they refolded to treat perjonally with him,
by Comm'iffiMurs, upon the Proportions prefented at
Hampton-Court, &c. and upon fuch Proportions as
jbottld be offered by his Majefty, and upon fuch other
Proportions as fh-iuld be propounded either by his Ma-
jefty or both Hoiifes of Parliament : Which Liberty
for his Majefty to make Prcpofttions was^ amongjl
others^ a chief Motive that Induced him to accept the
Treaty In this Place^ and In this Manner, as appears
by his Majefty $ Anj^ver to thofe Votes, dated the io*/j
ff Auguft.
And by your Comrtilfjlon, which you del'wcred to
Inm In the Beginning of the Treaty, you are autho-
rized to treat upyn thofe Proportions formerly pre~
fented, and fuch other Propofinons as jhall be offered
either by his A4ajrfty or both Houfes of Parliament ;
ivhereby it clearly appears in his Majefty, you are
both warranted and enjoined to receive juch Prop's-
Jit ions as Jhall at any Time be tendered by him.
Whereupon his Majefty Tefterday did put in a Pro-
(f) This is in Sir Edward ff'aKtr't Collcffiofit, and not in
Lirdt journals.
of ENGLAND.
p&fition, which was read and delivered to you, con-
cerning his coming to Weftminfter, containing Jc-
veral Motives to induce his tvjo Houfss to confetti oclober.
thereunto.
And although yui are directed by your InftruSlions
as to the Order of the Treaty upon your Proportions,
yet thofe Inftruftions cannot be contrary to the Fetes
which were fent to his Majejly or to your Commif-
few, which were the Grounds and Foundation of this
Treaty , nor can take from him the Liberty of making
his Proportions at any "Time ; which as it is ejjential
to all free Treaties to make mutual Proportions, fo,
particularly, is well ivarranted by the faid Votes and
CommiJJion. And although his Majejly' s Paper con-
tains in it divers Conjcnts and Agreements, for the
Satisfaction and Security of his tivo Houfes, appli-
cable to the Four Proportions, which you are by your
Inftruftiom directed firjl to treat upon, and to other
Particulars of your Proportions, yet are- not thofe Con-
fents and Agreements inferted to any other End than as
necejjary Grounds and Inducements io his two Houfes
to confent to. that Propo/ition for his Maje/ly's Co-
ming to \Veftminfter ; ivhich, of itfelf, is but, one
intire Proportion, and induced and fupported by
thofe preceding Motives and Confents without which
neither his Majejly nor any other reafonable Man
could expetl that a bare Props/if ion could be accept-
able to his tvjo Houfes, or produce, that Effett as is
defired. And his Majejly cannot imagine what In-
ducements or Motives were pojjible for him to offer
to his two Houfes, for the Grounds of any Propor-
tion, but that they muff, in feme Sort, nccejjarily
contain ir relate to the Matter of the Houfes Pro-
pofition'
Hi> Majejly therefore dejires that you would
l t
and effeftually tranfmit the faid Proportion,
read and delivered Yejlerday, to his two Houfes of
Parliament at Weftmi after, whom his Majejly is
co nr dent will be fully fatisfied therewith. And if
you foall doubt of any the Matters contained in his
Alajejly's Paper, and defer e any thing to be explained
by Treaty and Debate, his Majejly is willing there-
5 unto :
1 6 'The Parliamentary HISTORY
An. 44 Car. I. unto : As likewise if you Jhall defir.e any farther Sectt-
1648 • rity than the Confents already given by his Majejlyfof
^e P erformance thereof, his Majefiy is willing, and
will be ready to treat and debate thereupon, and to give
you full Satisfaction here for fuch Performar.ee on his
Part, at his Repair to Weftminfter.
The KING'S Second Paper, on the fame Subject,
refufed alfo by the Commiflioners (g).
CHARLES R. NewPort» SePf- 29> 1648.
to the Votes of the two Houfes, ana' your
own Commijjion, one of the ejfential Parts of the
Treaty is for his Majejly to deliver in Proportions of his
civn, and accordingly he delivered one to you Tejierday ;
and therefore he requires you either to treat upon the
fame, or to tranfmit it to the two Houfes of Parlia-
ment at Weftminfter ; the doing of which Jhall be fo
far from giving any Interruption to the Treaty here,
which was never intended by his Majejly, as his Afa-
jejly is very willing (you accepting and treating upon,
or tranfmitting, the faid Proportion to the two Houfes)
to proceed in your own Order, to treat upon fuch Pro-
psjitions as you have or ft)all prefent unto him.
The COMMISSIONERS Paper prefented to the King on
their refnfmg the two former.
Newport, Sept. 29, 1648.
« \\7 E humbly deiire your Majefty's Anfwer to
' W our Paper concerning the Church, deli-
' vered unto your Majefty the 2fth of this Inftant
« September.
[Sign'd by all the CommiJJioners.']
The fame Day alfo, Oft. 2, the following Let-
ter from the King was prefented to the Houfe of
Lords by Capt. Titus, who, by his Majefty's Com-
mand, was ordered to ftay for an Anfwer. In-
clofed in this Letter were the King's own Propofi-
tions,
(g) This is in Sir Edward Walker's Cvfotfifrj, and ftot in the.
ftOrds Journals, '
^ENGLAND. 17
trons, a Copy whereof we have already given when An- *4 Car. I,
offered to the Commiflioners by his Majefty. The t ] ^' M
Letter was addrefs'd thus : October.
To the S P E A K E R of the Houfe of P E E R s pro
Tcmpore, to be communicated to the LORDS
and COMMONS in the Parliament of England
at
CHARLES R. NewPort> SeP" 29>
'JJiT'
**
'Hereas both our Houfes of Parliament, by their A Letter from
Votes of the third of Auguft lajl, refolved to the King to the
treat personally with us upon the Proportions prefent- ^ofin "Swa
ed at Hampton-Court, and upon fuch Propositions propofitions,
as we foould offer ; and the CommiJJioners^ upon the v'hict *heir
opening of this Treaty, acquainted us with their
CommiJJion from both Houfes, which authorized accept.
them accordingly : Hereupon we framed this inclofed
Proportion, and Yeflerday, being the 2.Stb of this
In/lant, delivered the fame to your CommiJJioners
here ; wherein vje have infertcd divers Concejffions
and Agreements, thereby the better to induce our two
Houfes of Parliament to agree to this our Propofi~
tion j but finding the CommiJJiQners of both Houfes
here, upon feveral Debates, alledge that they are
rejlrained, by their Injiruflions, from tranfmitting
the fame to our two Houfes of Parliament ; we ac-
quainted them that we would take Notice to you of
bow great a Prejudice it was to us, that their In-
Jlruttiom were fo limitted : And therefore we have-
thought Jit to fend up to you a Transcript of that
Propofition, defiring the fame may be communicated
to our two Houfes of Parliament ; hoping that the
Largenefs of thefe Concejjions will prevail with them
to lay hold on this Way, which to us feerns the mojl
fpe&ly Courfc of fettling the Dijlrattions of thefe
Kingdoms ; that fo, upon thefe Conditions, we may re-
pair to our two Houfes at Weftminftcr, where we
intend to perform and make good all we have cm*
ited unto.
VOL. XVIIL B The
The Parliamentary HISTORY
The Lords having read this Letter and the King's-
Propofitions, ordered them to be fcnt to the Com-
mons, with a Defire, that when that Houfe had
read them, they would return back the Originals ;
their Lordfhips, being unwilling to delay a Bufi-
fmefs of fuch Importance, not having taken Co-
pies thereof.
After reading thefe Papers in the Houfe of Com-
mons, a very warm Debate enfued, the Account
of which is thus given by a Journalift of thefe
Times (d}.
Defa'e thereup- Mr. Life begun with urging, c That if the
on nit-he Houfe 7'reaty were now broken off, it would be the
;ons' King's own Fault, fmce he had quitted the cue
Courfe of it ; and, inftead of debating and pafling
the Proportion fent him by the Parliament, had
endeavoured to furprife the Houfes with devifed
Proportions of his own ; which they did not ex-
peel: from him, but rather that he mould give his
AfTent, or Denial, to each, as they lay in Order,
or as they fhould be prefented unto him by their
Commiflioners, to whom they had referred the
due managing of this Treaty : And therefore,
fmce they had refufed to receive the King's Propo-
fi.ions, I fuppofe, faid he, it becomes us likewife
to lay them afide ; and not only fo, but to give fur-
ther Inftrii&ions to our Commiflioners, that if the
King do not proceed with them upon each Propo-
fition, as before, they mould declare againft any
further P-rogrefs in the Treaty.'
As to the Particular about Church-Government,
Mr. Knightley faid, * That if,, after the Expiration
of the three Years, they mould admit of twenty
Divines, of his Majefty's Nomination, to join
with the Affembly for the further Settlement of
the Church, it was likely that the Epifcopal
Men, inftead of advifing the Settlement of the
Church, would rather unfettle it by their Dif-
putes : and fo, perhaps, introduce a new Quarrel
about it,'
As
(d) Mcrcuriui Pragmaticus, No. 28.
^ENGLAND. 19
As concerning Biihops Lands, Mr. Harvey An- 24 Car' r«
alledgcd, c That except Epifcopacy were pull'd up , '_ J ,
Root and Branch, fo that no Hopes were left of ever o<ftober.
rcfloring it within this Kingdom, the Purchafcrs
and Contra&ers would be left without any Afiu-
rance of enjoying their Purchafes ; feeing that Claufe
for the Return of thofe L?.r.ds to the Church, af-
ter fo many Years, may be made Ufe of in far lefs
Time than is there mentioned, to defeat the Pur-
chafers ; efpecially if the Epifcopal Party fliould
ever get Ground again in the Nation : Whereas,
if the Property and Inheritance of thofe Lands be
fettled by Adi of Parliament upon them and their
Heirs for ever, then they might be as fure of thefe
as of their other Poffeffions ; and it would be fuch
an Encouragement to Men to lay out their Mo-
ney, that the State might fell them off much the
fooner, and at better Rates.' This Motion being
feconded by Alderman Penmngton of London, Mr.
Blackljion and others, a Member who apprehend-
ed this Difpute about Bifhops and their Lands to
be fet on Foot by the Affembly of Divines, flood
up and faid, ' Mr. Speaker, I perceive thefe Gen-
tlemen are yery exceptious in the Matter of
Church-Government, and conceive the King doth
not offer fo fully and fairly touching this Particu-
lar as he ought to do. Whatfoever their Cor-
ccit is of his Majefty in that RefpecSt, I am fure
he offers fair in one Particular, for reprefling the
Covetoufnefs of our Affembly of Divines, and
the well regulating of the Church, by offering
to pafs an Act againft Pluralites of Benefices
by Spiritual Perfons, and Non-refidency. 1 coukl
v.ifh ibme would cry him up as much for this, as
they cry him down for other Things ; for it is a
Shame, and reflecis much upon the Honour of
the Houfe, that we are nor more forward in re-
moving of this Inconveniency : And more Shame
is it for the Synod, that they being the Men which
condemned ?nd cried out againft the Pluralities of
the Epifcopal Clergy, fhould enjoy far more than
the corrupteft of the Bimops and their Chaplains
B 2 did
Parliamentary HISTORY
did ever allow of ; divers of them at this Time pbf-
fefiing two, or three, yea, and four Livings a-piece,
which they come not at once in a Twelvemonth,
befides thofe which are not vifible, wherein they
have placed their Deputies of Journeymen, with
whom they fhare in the Profits : And therefore my
humble Motion is, Mr. Speaker, that our Com-
miflioners be ordered to infift earneltly for hi*
Majefty's fpeedy Aflent unto an Aft for the taking
away this ingrofling of Benefices.' Upon this fe-
veral Members calling out for the Gentleman to
name Particulars, and not thus to fcandalize
the Affembly in general Terms, he anfwered,
' That if the Houfe pleafed to command him, he
could inftance Particulars enough, and prove them
too ;' which put an End to the Bufmefs.
Then Sir John Evelyn, of Wilts* defired to fpeak
one Word to the Conclufion of his Majefty's Let-
ter, wherein he defircd to come to Weftminfier in
abfolute Freedom, and be reftored to his Revenues,
promifing to leave other Matters to the Determi-
nation of the Houfes, and pafs thefe Concefiions
into Acts; c I conceive, faid he, if we fhould yield
to this, it would extremely difcontent our Friends
on all Sides, and give Encouragement to Malig-
nanfs and Delinquents : The Army and Well-
affected abroad would think very ftrangely that the
King fhould be at Liberty, and no further Secu-
rity given for their Liberties, but only his bare
Word ; which, in cafe thefe Conceffions were fa-
tisfactory, as we fee they are not, would be the
moft unreafonable and destructive Courfe to the
Hopes and Expectations of the Godly that can be
imagined : And therefore I humbly conceive, that
if the King's Offers were fo large as we defire, yet
in no Cafe ought we to yield that he fhould come
hither till they are all pafs'd into Acts.'
Sir Henry Mildmay clofed the Debate with mo-
ving the Houfe to declare againft the Propofitions
from the King without Delay.' — And accordingly
we find by the Commons Journals, that the Houfe
refolved, that they approved of the Conduct of their
Com-
^ENGLAND.
Commiflioners in refufing to receive the King's An
Propofitions, and declared the Unfatisfa&orinefs
thereof. They alfo ordered the Thanks of the
Houfe to be returned them, and a Letter to be
prepared accordingly by Sir John Evelyn and Mr. Bo
Knigbtley, to befigned by their Speaker. ^ This be-J
ing fent up to the Lords, they gave their Concur-
rence, and it was fent away to the Commiflioners,
Tign'd by the Speakers of both Houfes, as follows :
My Lords and Gentlemen,
* T H E Houfes of Parliament, upon reading ofAn
_ ... f a i ^ • i their Commifli-
* 1 your Letter of the 291*1 of September, with oners conduft.
* the Papers therein contained, and in Confideration
* thereof, have fully approved your Proceeding??
* therein, in refufing the Paper delivered unto you
£ by the King which they have fince received, it
' being contrary to your Inftructions, and no way
* fatisfaclory ; and the Houfes have commanded us
' to return you their Thanks for your careful and
4 prudent managing of that Bufmefs ; and do dcfire
* that you continue ftill in proceeding, according
* to your Inftru&ions, to prefs the King for his
' Anfwer to the Propofitions, as you arc by them
6 directed j the Houfes being refolvcd to proceed
* that Way, and not otherwife ; and that you do
* impart unto his Majefty thefe Refolurions and Di-
* reciions. This being all we have in Command,
fi we remain
TCour affectionate Friends and Servants,
MANCHESTER,
Speaker of the Koufe of Peers.
WILL. LENTHALL,
Speaker of the Commons Houfe
in Parliament.
Oft. 4. Mr. Scawen prefented to the Houfe of Debate ™ a Let •
Commons a Letter from the Lord-General Fair- JT^™ "™™1
fax, dated at St. Albans, Qftober 2, reprefenting p^y^lt of th?
the great Complaints made to him touching free Amurs I(IK- tf
Qiiartcr, and deftring fonie Remedy, by providing1"8 Armyj
B 3 timely
22 The Parliamentary HISTORY
. 24 Car. I. timely and conftant Pay for the Army. Upon
1648. this Occafion many Members reprefented, ' What
a Shame it was, that fo gallant an Army fhould be
fo ill rewarded, as not to be allowed an ordinary
Subfiftance; and what a Scandal it was to the
Houfe to have fuch Clamours and Outcries againft
them and the Army all over the Kingdom, by
reafon of free Quarter, which might have been
prevented, if the AfTeffments had been duly and
equa'ly paid.' This was further urg'd by Mr.
Ajbe and Mr. Venn, who faid, ' That none were
more faulty that Way than the Citizens of Lon-
don ^ they being in Arrear to the Army many thou-
fand Pounds.' Mr. Harvey added, ' That to his
Knowledge this was moft true ; and tho' at pre-
fent he could not call to Mind the certain Sum,
yet, by To-morrow he would give the Houfe a
further Account of it.' Accordingly,
The next Day, Mr. Harvey reported, That the
Arrears due from the City of London to the Army
amounted to 8o,ooo/. ' This, Mr. Thomas Cha-
loner faid was an Argument of the City's high In-
gratitude to the Army for all the famous and
good Services dene to them and to the Kingdom;
and alfo of the great Modefty and good Temper
of th- Army ; who, after fo many Affronts and
Provocations given them by the City, before and
in the Bufmefs of Colcbefler^ had neverthelefs
•withdrawn themfelves with fo much Patience, and
teen content fo long without a Farthing of their
Arrears :' And therefore he prefled earneftly that
fome fpeedy Courfe might be taken for the Satis-
faction of the Soldiery. Hereupon the Commons
fent a Meflage to the Lords defiring them to ha-
ften the Ordinance then depending in their Houfe,
for better Maintenance of the Army and prevent-
ing free Quarter. They alfo ordered a Committee
to wait upon the Lord-General Fairfax at St. Al-
bans, and take Notice of his good Services this Sum-
mer; to congratulate his great Succefs therein; to
return him their Thanks for his valiant Conduct ;
and co acquaint him what the Houfe had done in
confe-
^ENGLAND. 23
Confequence of his Letter. Tlic-y likewife ordered An- 33Cai'-
an Ordinance to be prepared for fettling Lands to
the Value of 4OCO/. per Annum on him and his
ILirs, in puriuanee of a former Vote palled for that
Purpofe.
051. 5. A Motion being made for raifing a Win- OnaMorionfor
ter Guard at Sea, Mr. Gourd™ dehred this might onjCring the
not be done till the Houfes were more fure of the LoH. Admiral
Lord-Admiral's Affections ; For, laid, he, Mr. J^Vlm-
Speak r, it is not only whifpered among the Well- <jtni
affected, but openly boafted by the Cavaliers, that
my Lord Admiral might have done better Service
again ft the Prince, but that he favoured him, by
letting him lie in quiet till the Dutch had both
monied and victualled all the revolted Ships, fo as
to be in a Condition to put forth to Sea ao,ain when
they pleafe ; to the Difturbance of Traffick, and
to the Vexation of the Kingdom ; and therefore,
in my Opinion, it would be well if the Lord- Ad-
miral were fent for home, to give the Houfe Sa-
tisfaction concerning his Conduct in this Buil-
nefs. — The Intent of this Motion being to re-
move the Earl of Warwick, whom the Indepen-
dents apprehended to be, fecretly, well-affected to
a Peace with the King, and thereby make Way
for Vice-Admiral Rainjborough to command the
Parliament's Fleet ; Sir Henry Mildmay^ after fome
Commendations of his Lordfhip, to prevent Sufpir
cion of the real Defign of Mr. Gourdon's Motion,
faid, ' Though he conceived no Perfon more fit
than the Earl of Wanvick for that Employment,
nor in whom the Houfe might repofe more Con-
fidence; neverthelefs he fuppofed it might be very
convenient now, iince the Prince was faid to be
ready for putting to Sea, to fend for the Lord-
Admiral to come up and advice with them what
Courfe was beft to be taken for Advancement of
the Sea Service.' In Anfvver to this another Mem-
ber flood up and faid, ' Mr. Speaker, if the Prince
be fo ready to fet forth to S?u as thefe Gentlemen
B 4 aflcrt,
The Parliamentary HISTORY
.aflert, I conceive there is far more Reafon the
Lord-Admiral fhould remain on Ship-board, than
venture thus far afliore, confidering what Incon-
venience may happen to the Navy, by the Abfence
of a Commander in Chief, in fo ticlclifh a Time ;
efpecially feeing that Matter of Advice from the
Houfe may be as well communicated to him by
way of Inftru&ions, as if he were prefent. — This
Argument had fo great a Weight, that the Motion
for ordering the Lord-Admiral to come up to
London was laid afide ; and the Houfe refolved
That a Winter-Guard of 2785 Men be forthwith
fitted out for Sea Service, with all neceflary Provi-
fions.
Andalfou on a ®^' ^' ^ Letter from Lord Goring (dated IVind-
Letter from the for-CaJlle^ Off. 3) was read in the Houfe of Corn-
Lord Goring, mons, fignifying that he had received Notice of an
JJ^j^tV Impeachment of High Treafon being then depend-
gainft him. ing againft him in that Houfe ; whereas they could
not but be fenfible of the Quarter given by the
Lord-General Fairfax to the Lord Capel andhim-
felf, as mentioned in his Excellency's Letter of
the 2gth of Auguft laft.
A Debate arifmg upon this Occafion, a Mo-
tion was made, That the Impeachment might be
forthwith carried up to the Houfe of Lords, with a
Defire that their Lordfhips would appoint a fpeedy
Day for the Trial of the Lord Goring. In Oppo-
fition to this many Members urg'd, * How incon-
venient fo fevere a Ccurfe would be in the very
Inftant of a Treaty, the Intent whereof was to
bury the Remembrance of ail former Differences ;
befides, it would feem the more flrange, after fo long
Quarter for Life given by the Lord Fairfax ; and
therefore they mov'd for putting off this Bufmefs at
prefent ; and that, in the mean Time, a Letter
might be fent to that General, defiring him to ex-
plain that PafTige in his Letter wherein he fig-
nified to the Houfe, upon the Surrender of Col-
chefler^ That be had given Quarter for L'.Je to the
Lards
a/* ENGLAND. 25
^ Goring, Capel, and others, but referred them An< -4- Car- '•
to the Mercy of thf Parliament.' This laft Mo- ,
tion was agreed to, and a Committee appointed to
draw up a Letter to be fent to the Lord Fairfax
accordingly.
0<f7. 7. The following Letter from Lieutenant-
General Cromwell, was read in the Houfe of Com-
-nions, addrefs'd to their Speaker (a).
SIR, Berwick, Off. 2, 1648.
* T Have formerly reprefented to the Committee General Crom-
c A at Derby-Houfi, how far I have profecuted *el|£ £"""£
* your Bufmefs in relation to the Commands I did ings ;„ Scotland,
' receive from them ; to wit, That I having fent a and of the Sur-
* Party of Horfe with a Summons to. Berwick, and a ^"'k^ Ca^ifle
* Letter to the Committee of Eftatcs, which I fup- to the Engliflu
* pofed did confift ot the Earl of Lanerk and his
* Participates ; and a Letter of Kindnefs and Af-
' fedlion to the Marquis of Argyle, and the well-
' afFe&ed Party in Arms at Edinburgh, with Cre-
* dence to Colonel Bright and Mr. William Rowe,
' Scoutmafter of the Army, to let them know up-
* on what Grounds, and with what Intentions we
* came into their Kingdom ; and how that, in the
* mean Time, the Marquis of Argyle and the reft
' at Edinburgh, had fent Sir Andreiv Can; Laird of
* Gramheats, and Major Strachan to me, with a
* Letter and Paper of Inftru&ions, expreffing their
' good Affection to the Kingdom of England, and
* difclaiming the late Engagement ; together with
* my Anfwcr to the faid Letters and Papers, Dupli-
' cates of all which I fent to the Committee at
' Deriy-Houfe, and therefore forbear to trouble yoti
' with the Things themfelves (b).
* I think it now fit to give you an Account what
' further Progrefs hath been made in your Bufmefs :
' The two Armies being drawn up, the one under
« Lanerk
(a) From the Original Edition, printed by Edward Ha/bands, by
Order of the Houfe of Commons, QElobtr 10, 1648.
(b) All thefe may be found in our SeventecnUi Volume, p. 4Si>
Parliamentary HISTORY
' Lanerk and Monro at Stirling) and the other
4 under the Earl of Leven and Lieutenant-General
' LeJIey, betwixt that and Edinburgh, the Heads of
4 the two Armies being upon Treaties concerning
' their .own Affairs ; and I having given, as I hop'd,
' fufHcient Satisfaction concerning the Juftice of
* your Caufe, and the Clearness of my Intentions
' in entering that Kingdom, did (on Tburfday the
' 2 1 ft of September, and two Days before, the
* Tweed being fordable) march over that River at
* Norbam, into Scotland, with four Regiments of
* Horfe, and fome Dragoons, and fix Regiments
' of Foot, and there quartered, my Head-Quarters
* being at the Lord Mordington1 s Houfe ; where,
c hearing that the Marquis of Argyle^ the Lord
c Elcbo, and fome others were coming to me from
' the Committee of Eftates aflembled at Edinburgh,
< I went, on Friday the 22d of September, fome
e Part of the Way to wait upon his Lordfhip ;
e who when he was come to his Quarters, de-
c livered me a Letter of which this inclofed is a
* Copy, figned by the Lord Chancellor, by War-
e rant of the Committee of Eftates and fome
* Time was fpent in giving and receiving mutual
* Satisfaction concerning each other's Integrity and
4 Clearnefs, wherein I muft be bold to teftify for
* that noble Lord the Marquis, the Lord Elcbo,
' and the other Gentlemen with him, that I have
* found nothing in them but what becomes Chri-
* ftians and Men of Honour.
* The next Day it was refolved, That the Com-
e mand of the Committee of Eftates to the Gover-
* nor of Berwick for rendering the Town, fhould
* be fent to him by the Lord Elcbo and Col. Scot,
* which accordingly was done ; but he, pretend-
* ing that he had not received the Command of
' that Place from thofe Hands that now demanded
* it of him, defired Liberty to fend to the Earl of
8 Lanerk, engaging himfelf then to give his pofitive
* Anfwer, and intimating it fhould be fatisfa&ory.
' Whilft thefe Things were in tranfa&ing, I
' ordered Major-General Lambert to march to-r
* wards
gf ENGLAND. 27
6 wards Edinburgh, with fix Regiments of Horfe, A*. ^r-
* and a Regiment of Dragoons ; who accordingly , J_^_
4 did fo, and quartered in Eajl Lvtbittn, within iix odober.
4 Miles of Edinburgh, the Foot lying in his Pvear at
' Copperfpetb and thereabouts.
1 Upon Friday, Sept. 29, came an Order from,
* the Earl of Lantrk, and divers other Lords of his
* Party, requiring the Governor of Berwick to
c march out of the Town, which accordingly he
« did on Saturday Stpf. 30, at which Time I en-
' tered. Having placed a G-arrifon there for ybur
* Ufe, the Governor would fain have ca-pitula-
* ted for the Englijh, but we having this Advan-
' tage upon him, would not hear of it ; fo that
* they are fubmitted to your Mercy, and are under
« the Confideration of Sir Arthur Hefilrig, who, I
* believe, will give you a good Account of them,
« and who hath already turned out the malignant
« Mayor, and put an honeft Man in his room : I
< have alfo received an Order for the Surrender of
« Carlifle^ and have fentCol. Bright with Horfeand
« Foot to receive it. Sir Andrew Carr and Col.
« Scot are gone with him to require an Obfervancc
c of the Order, there having been a Treaty and
« an Agreement betwixt the two Parties in Arms
« in Scotland, to difband all Forces, except 1500
' Horfe and Foot under the Earl of Leven^ which
4 are to be kept up to fee all remaining Forces
4 di (banded : And having fome other Things to
* defire from the Committee of Eftates at Edin-
* burgh for your Service, I am myfelf going thither-
' ward this Day, and fo foon as I fliall be able to
' give you a further Account thereof, I fliall do it :
* In the mean Time I make it my Defire, That
' the Garrifon of Berwick (into which I have placed
' a Regiment of Foot, and fhall be attended allo by
* a Regiment of Horfe) may be provided for ; and
4 that Sir Arthur Hefelrig may receive Commands tt>
' fupply it with Guns and Ammunition from New-
' caftle, and be otherwife enabled by you to furnifh
* this Garrifon with all other Neceflaries according
* as a Place of that Importance will require.
5 ' De-
28 ^ he Parliamentary HISTORY
An. 24 C". -I e Defiring that thefe Mercies may beget Truft
, e and Thankfulnefs to God the only Author of them,
' and an Improvement of them to his Glory and the
' Good of this poor Kingdom, I reft
four moji humble Servant,
O. CROMWELL.
The LETTER from the Earl of LOUDON to General
CROMWELL, above referred to.
SIR, Edinburgh, Sept, 30, 1648.
' \\7 ^ receive<* tnis Day two Letters from
* W you, the one directed to the Marquis of
« Argyle and others, being a Letter of Credence to
« Col. Bright, Scoutmafter-General Rowe, and
4 Mr. Stapylton; the other directed to the Com-
< mittee of Eftates, which we find was intended for
* thofe that concurred in the late unlawful Engage-
* ment againft England : That which is demand-
' ed in your Letter is, The Reftitution of the
c Towns of Berwick and Carlijle into your Hands,
' for the Ufe of the Parliament and Kingdom of
* England. We doubt not but you know that we
* diflented from, and protefted in Parliament a-
' gainft, that finful Engagement againft your Na-
* tion ; and, particularly, againft the feizing of the
< Towns of Berwick and Carlijle ; which, together
' with our late Sufferings and prefent Actions, are
* clear Teftimonies how much we diftafted and
' abhorred that Invafion, and the Violation of the
* Covenant and Treaties betwixt the Kingdoms.
* Before we received your Letter, we wrote unto
c you by Sir Andrew Carr of Greenhead (c), and
* Major Strachan, upon the 1 6th of this Inftant,
* to acquaint you with our Condition, and our
* Refolutions to contribute our beft Endeavours that
' the Garrifons of Berwick and Carlijle might be
' reduced, and thefe Towns reftored to the King-
' dom of England, to whom of Right they do be-
' long ;
(<:) In other Papers relating to this Affair, this Gentleman is
Lairi of Gramlfiitt*
^ENGLAND. 29
' long ; and having lately intercepted a Letter fent An. 24 Car. i.
* from Lodowick Lejley, now Governor of Berwick, ^^ ' _^
4 to the Earl of Lanerk, or in his Abfence to the
* Committee of Eftates, dehring their Directions
4 what to do upon your Approach, we had, be-
* fore the Receipt of your Letters, refolved to fend
* fome from us, with Directions to Lodowick Lejley
6 to deliver that Garrifon to you ; there being here
* a Quorum of the Committee of Eftates, confuting
" only of fuch Members of Parliament as protefted
' againft the Engagement : And now, upon Con-
4 fideration of your Letters, we have immediately
* iffued Orders to the Governors of Berwick and
' Carlijle, forthwith to deliver thefe Garrifons ;
* which if they {hall not obey, we {hall, to the ut-
* moft of our Power, concur to have them reduced :
* And to the end our Orders herein may be the more
4 readily obeyed, we have alfo fent the Marquis of
* Argyki Lord Elcho, Col. Scot, and Col. George
4 Porterfield, to Berwick, with Inftruclions to fee
4 this fpeedyly put in Execution.
4 We do account it a fpecial Providence, that
4 at the fame Time when we are in this Pofture,
* the Forces of the Kingdom of England are at fo
4 near a Diftance ; which Opportunity we hope
•* mall be improved to the beft Advantage for pur-
* fuing the common Enemies of both Kingdoms,
* and for fupprefiing all that (hall endeavour to
* difturb our Peace.
* What further we have to fay, fhall be com-
4 municated to you by our Commiffioners, to whom
4 we defire you to give full Credit in all Things
4 which they ihall fay unto you in the Name of
Tour affeclionate Friends
and humble Servants^
Subfcribed by Warrant of the Committee
ofEfl^ly LOUD ON, a*.'
The Commons, after reading thefe Letters, paf-
fed a Vote in Approbation of General CromwelPs
Pro-
3 o T&e Parliamentary HISTORY
An. 24C,ir. I. Proceedings, and ordered a Gratuity- of ioo/. to
1648. the Mefienger that brought the New*. Both thefe
October Refolutions they fent up to the Lords for their Con-
currence, which was given as deiired.
The Parliament r\n. <T>I TT r r T i n i
declare their Ap- 6*» 9. I he Houie of Lords was called over,
probation of Ge- according to an Order of the fecond of this Month,
d ^omweli s wnen only 17 Peers were prefem viz. the Earls or"
Denbigh, Kent, Lincoln, Rutland, Mulgrave, Not-
tingham, and Suffolk ; the Vifc. Hereford; the Lords
Berkley, North, Howard, Grey of Warke, Hunfdon,
Wharton, Bruce, Maynard, and D acres. The
Earls of Northumberland, Pembroke, Soli/bury
.Middlefex, and the Vifcount % and Sele, were
attending upon the King as Commiffioners for
the Treaty in the Ifle of Wight ; and the Earl of
Warwick with the Fleet ; the Earl of Oxford
was excufed, he being then coming up purfuant
to Summons; the Earis of Manchester and Stain-
ford, and Lord Montague, ficic ; the Lord Roberts
and other Peers, excufed for different Reafons.
Small as this Number may be thought that ap-
peared upon the Call, yet it rmght well be deem'd
a full Houfe ; for fo many Peers had been fufpend-
ed and difqualified upon one Pretence or another,
that it was very fcldom twelve met to do Bu-
finefs.
«'uDon Ot1 I0- Three ver7 remarkable Petitions were
Delinquents" Pbe- this Day prefentcd to the Houfe of Commons, all
fore a Treaty be of them relating to the Treaty now on Foot between
concluded with the £mg aruj Parliament.
The firft of them, brought in by Mr. Cornelius
Holland, was intituled The humble Petition of the
Mayor, Aldermen, Sheriff's, Common-Council Men,
and others well-offered of the Toivn of Newcaftle?
upon Tyne, in which the Petitioners defired, That
the Houfe would be pleafed, before the Treaty be
ended, to execute impartial and fpeedy Juftice
upon the greateft Offenders and Incendiaries of the
Kingdom, the Fomenters of, and A&ors in, the
firft
of E N G L A N D. 31
Jirft aivJ fecond War; till when, they could not An 24 Car. I.
expcft any Bleffing upon this Treaty ; and that in v '-^J ,
fo doing the Houlcs could not want the Aflillance odober*
ol" God or Man.
The fecond was prcfented by Alderman HoyJe of
Yorke, in the Name of the Gentlemen, Minijlers,
Freeholders and other Inhabitants of the County and
City of York, vaell affetled to the Safety of the
Kingdom, and the Honour of the Parliament^ in
which they exprefled their Admiration at the dif-
fipating the defperate Attempts of the Parliament's
lubtle and malicious Enemies, and defeating the
numerous Forces raifed this Summer ; which De-
fign had been long in hatching before it broke forth j
and complaining, That notvvithftanding all the Ad-
vantages and Opportunities which God hath put
into the Parliament's Hands, dy defeating all the
Enemies of the Kingdom, yet that none of thefe
had been imp'-ov'd as they ought, by executing of
Jufticc upon Offenders, efpecially upon fuch as
had polluted the Land with Blood ; his Majefty
having confefs'd himfelf and his Party to be guilty
thereof: The Petitioners therefore humbly defired,
That there might not be a Forfeiture made of all '
the great Experience of God's Mercies in deftroy-
ing thofe treacherous and implacable Enemies ;
but that, according to the Declaration of Parlia-
ment, their Proteftation and Solemn Covenant,
exemplary Juftice might be executed upon thofe
Offenders, without Partiality or Delay ; and that
their Eftates might go towards difcharging the Ar-
rears of the Soldiery and other public Debts, that
God might be thereby glorified and the Land
eleanfed from Blood.
The third Petition was brought in by Serjeant
Wylde^ (lately returned from the IVeftern Circuit,
where he had a&ed as Judge of Aflize) in the
Name of the Grand Jury of the County of So-
merfet. This laft ran in a much higher Strain than
the other^ two ; for thefe Petitioners declared ab-
folutely againft the Treaty itfelf; affirming it to
be the laft Refuge of the ICing and his Party, for
5 the
October.
Debate there-
•upon.
Parliamentary HISTORY
the Ruin of God's People : That it was firft fet
on Foot by them, and none but they expected to
receive any Benefit by it: That tho* all the Pro-"
pofitions mould be fign'd by the King, yet they
look'd for little Security from thence ; for that
when he fliould be reftored, the adverfe Party would
foon find Means to recover their Ends, and enfiave
all that had engaged for the Liberties of the People ;
They therefore demanded that Juflice be executed
upon all Delinquents, from the higheft to the loweft,
without Exception.
Thefe Petitions being read, a Member ftood
up and fpoke to this Effect ; ' Mr. Speaker, I fup-
pofe we ought not to trifle away our Time, and
diflionour ourfelvcs, by debating thefe Petitions ;
for it is now grown to a Cuftom for all Sorts ot
People to intermeddle in Affairs of State, and vent
their own Senfe and Humours under the Notion of
a Petition. It cannot but reflect upon the Honour
of the Houfe to give Countenance to fuch Courfes
as thefe, and for us to fuffer ourfelves to be acted
and fet on Work by Perfons without Doors, and
to have our Proceedings directed and take their
Rife from fuch Extravagancies as are uttered by
pragmatical Petitioners at every Turn, whofe Duty
it is rather to acquiefce in the Judgment and Wif-
dom of the Houfe.'
This Speech gave great Offence to the whole
Independent Party, and particularly to Mr. Gour->
don, Mr. Venn, Mr. Harvey, Mr. Hoyle, and others,
who had appeared in Favour of the Petitions.
Thefe argued, ' That the Blood of the People be-
ing (lied, it would be required fomewherej and
that if the Houfe did not do Juftice, now it was in
their Power, upon their capital Enemies, from the
higheft to the loweft, who had a hand in the for-
mer or latter Wars, there was no Queftion but all
the Blood would be required at their Hands j and
therefore, to remove the Guilt of it from them-
ftlves, they defired a Committee might be appoint-
ed to confider of a certain Number of Perfons to
be fele&ed out of the old and new Delinquents,
and
^ENGLAND. 33
and propounded to the Houfe to be excepted from An- 24 Car- I«
Mercy, and poceeded againft as capital Offend- , *6*8' t
ers*' October.
To this Motion it was objected, e That of the
thirty-eight Perfons formerly excepted out of
Mercy, in the Propofitions then fent to the King,
it had fince been the fettled Refolution of the
Houfe. in thefe laft- Propofit'ons, to proceed capi-
tally only againft feven ; and now to pitch upon a
greater Number of Delinquents than thofe prefent-
ed heretofore, would argue, that they neither re-
garded the public Faith of Parliament, nor had a
Mind to any Settlement at all, if the Treaty were
to be difturbed by adding new Propofitions to thofe
already prefented to his Majefty as a fit Founda-
tion whereon to build a fafe and well-grounded
Peace ; which no Man would conceive to be really
intended, if the Treaty fhould be fprinkled with
Blood.' It was alfo obferved, ' That the late In-
furrections in Kent and EJJex> and of the Earl of
Holland, and the holding out of Colchejler and di-
vers other Places in the Kingdom, were acted be-
fore the Parliament fent their Commiflioners to
treat with the King : And therefore, if they had
intended to proceed capitally againft any of the
Perfons engaged in thofe Defigns, they {hould have
fent the Exception of them along with the Propo-
fitions ; but that it was now too late to make new
Exceptions, which would be contradicting the Re-
folutions of the Houfe laid down in the Propo-
fitions already fent.'
In Anfwer to this Mr. Weaver alledged, ' That
the Houfe was bound by the Covenant to bring all
Delinquents to Punifhment.' To which it was
replied, * That it was true the Covenant did bind
them to bring all Delinquents to Punifhment ; but
it was not meant that the Punifhment fhould ex-
tend, upon all, to Blood ; but that, at the Difcre-
tion of the Houfe, it might be pecuniary. More-
over, that when God did punifh any Nation with
a War, and brought doubtful Cafes to the Trial of
the Sword, he did not expc6l the Magiftrate fhould
VOL. XVIII. C take
34 *Tbe Parliamentary HISTORY
Ao. 24 Car. I. take an Account of the Blood fo (bed, but referv'tf
*-. *6*8' j tne Account of it to his own fecret Judgment :
Oftobtr. And therefore, when ^W^ kill'd Abner^ the Com-
plaint againft Joab was not, that he had (bed the
Blood of War, but that he had {hed the Blood of
War in Time of Peace : Whereas if the Magi-
ftrate fhould take Notice of Blood {hed in War,
then the Wives and Children of all Men that had
been flain in this War, might have Appeals of
Murder againft thofe who killed them.*
Hereupon Mr. Serjeant Wylde flood up and faid,
' He denied that Doctrine, which taught that the
Civil Magiftrate could not take Notice of the Blood
fbed in War : That fuch an Affertion was de-
itructive to the very Being of the Parliament, in
regard Men might rebel as often as they would,
arid then if they did but get into the Field, they
were out of Danger of being called to Account/
Mr. Denait Bond faid, « We have had, Mr.
Speaker, many Doctrines preached here by feveral
Gentlemen againft the Power of this Houfe ; fuch
as, that we cannot try my Lord of Norwich^ but
by his Peers, becaufe it is againft Magna Cbarta j
but I truft ere long to fee the Day when we may
have Power to hang the greateft Lord of them allr
if he deferves it, without Trial by his Peers ; and
I doubt not but we fhall have honeft refolute
Judges to do it, notvvithftanding Magna Charta.'
Colonel White faid, ' There was a quicker Way
to rid their Hands of all Delinquents -r and that
was by Martial Law : And therefore he moved,
' That an Ordinance might be patted to try them
all that Way ; that fo the People might be no-
longer deluded in their Expectation of Juftice/
Hereupon, another Member, finding fo earneft a De-
mand for Juftice, ftood up and faid, * Mr. Speaker,
I conceive Gentlemen miftake the Meaning of
thefe Petitions in demanding Juftice upon all De-
linquents ; for I fuppofe the People look for na
other Juftice, but that all Members, and Officers
intrufted, fhould be brought to give up their Ac-
counts for all public Monies received, and feque-
2 ftred
^.ENGLAND. 35
ftred Eftates, and the like ; which Kind of Juftlce An, 54 Car.l.
would, in my Apprehenflon, pleafe the People far t ''*4»' ^
better than the fliedding of Blood/ oaober.
Sir John Evelyn^ of WtUit finding the Petitioners
thus warmly oppofed by fom« Gentlemen, and
ridiculed by others, moved, in order to bring them
off with the better Grace, That, to prevent giv-
ing any farther Offence, thefe Petitions might be
laid afide till they faw the Event of the Treaty ;
which if it took no Effect, then the Houfe might
refume the Confideration of them, or not, at their
Difcretion.' And fo this Matter dropp'd. Ne-
verthelefs the Commons ordered their Thanks to
be given to Serjeant Jfylde? (who, as before ob-
ferved, brought in the laft of thefe Petitions) for
his great and good Service done to the Parliament,
in the late Circuit he rode as one of the Juftices of
Affize.
In that Circuit the Serjeant had dire£bd the
Grand Jury, at Wmchejler^ to put an Ignoramus
upon a Bill of Indictment preferred againft Major
Ralph for intending to murder the King.
Of this Affair we have already taken Notice in our
Seventeenth Volume, and fome further Particulars
will ftiortly appear in the fubfequent Tranfadtions
of this Month.
Many Days had now parted without any Intel-
ligence from the Jjle of Wight : But,
Off. n. The Houfe of Lords received the fol-
lowing Letter from their Commiffioners, with fe-
veral Papers inclofed, which were all read as fol-
lows :
For the Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of PEERS pro Tempore, at
Weftminfter.
My Lord> Newport^ Oft. o, 1648. ALmerfrom
- _ _ _ Y, , f . . the Parliament'!
\JU * herewith prefent your Lordlhip with commiffioners,
' VV an Account of our Proceedings upon the inclofmg feveral
* Proportions concerning the Church and the Mi- Pagp J/chJIch
C 2 * Htia l and the MiJitR
Parliamentary H I s f 6 R Y
litia ; and for the Particulars we refer to the Pa-
* pers inclofed. We have this Evening delivered
' his Majefty a Paper upon the Propofitions con-
' cerning Ireland. We remain
Your Lordjhip's
Mojl humble and faithful Servant^
PEMBROKE and MONT- MIDDLESRX,
GOMERY, SAY and SELE.
SALISBURY,
The KING'S Firft PAPER, irr Anfwer to the Pro-
pofition for the CHURCH.
CHARLES R. NewP°rt> $*&• 3°> l64&-
JN Anfwer to your Paper of the i$th of September,
•* 1648, wherein you defer e his Majejly' s Royal
Ajfent to the Propofitions, Billi, and Ordinances
therein mentioned concerning the Church :
His Majejly will confent that the calling and fitting
efthe AJfembly of Divines at Weftminfter be,confirmed
for three Years by Aft of Parliament :
And will, by Aft of Parliament, confirm for thrde
Years the Directory for the public Worjhip of God in
the Kingdoms of England and Ireland, and Do-
minion of Wales :
And will likewife confirm for three Years, by Aft
of Parliament, the Form of Church Government
which you have prefented to him, to be ufed in the
Churches of England and Ireland, and Dominion of
Wales. '
Provided that bis Majejly, and thofe of his Judg-
ment, or any others who cannot in Confcience fub-
mit thereunto, be not in the mean Time obliged to
comply with the faid Government or Form of Wor-
jhip, but have free Pr aft ice of their own Profef-
fion j and that a free Confultation and Debate f>t
had with the Ajfembly of Divines at Weftminfter
in the mean Time, (twenty of his Majejly s No-
mination
^ENGLAND. 37
•nunation being added unto them) whereby it may An* 24 c^. '•
te determined by his Majejly and his two Houfes of ^^ ^
Parliament, how the faid Church Government, and
Farm of public Worjhip, after the fold Time, may
be fettled, or (ooner, if Differences may be agreed j
and how alfo Reformation of Religion may be fettled
-within the Kingdoms of England and Ireland, and
Dominion of Wales ; and the Articles of Chrijlian
Religion now delivered unto him, may, in like Manner,
be then confedered of and determined, and Cure taken
for the Eafe of tender Confciences.
And concerning the Hi/hops Lands and Revenues :
his Majcfty confidering that, during thefe troublefome
jTimes, divers of his Subjects have rnsde Gort&ioBt and
Pur chafes, and divers others have dijburfed -great Sums
of Money upon Security and Engagement of thofe
Lands ; his Majejly for their Satisfaction will confeni
to an Aft or Acls of Parliament, whereby legal EJlates
for Lives, or for Years, at their Choice, not exceeding
Year
ninety-nine Years, /ba}l ie 'jnade of thofe Lands, to-
wards the Satisfaction of the faid Pur chafen, Con-
traflors, and others, to whom they are engaged, at the
old Rents, or fame other moderate Rents, whereby they
may receive Satisfaction.
And in cafe fuch Leafes Jhall not fuffice, his Majejfy
will propound and confent to feme other Way for their
farther Satisfaction.
Provided that ihe Property and Inheritance of
thofe Lands may Jlill remain and continue to ike
CJhurch and Churchmen refpecJively, according to the
pious Intentions of the Donors and Founders thereof,
and the Rents that Jhall bf r-fferved be for their
Maintenance.
His Majcjly will give his Royal Ajfent to an AR
for the betfer Obfervatian of the Lord's Day, far
fapprejjing of Innovations in Churches and Chapeh.,
in and about the IVorfoip of God, and for the better
Advancement of the Preaching of God's Holy Word
in all Parts of this Kingdom ; and to an Aft again/I
enjoying Pluralities of Benefices by Spiritual Perfons
end Nen-Reftdtncy -t and to an Acl for
C 3
3 &1 The Parliamentary HISTORY
An. z4 Car. I. and reforming both the Univerfities, and the Colleges of
1648> t Weftminfter, Winchefter, and Eaton.
Oflober. ^" Majejty will confent to an Att for the letter
Difcovery andfpeedy Conviction of Popijb Recufants,
as is defired In the Proportions :
And alfo to an Att for the Education of the Chil-
dren of Papijis, by Proteftants, in the Protejlant Re-
ligion :
And alfo to an Aft for the t) ue levying of the Pe-
nalties againjl Papifts, to be levied and difpofed in fuck.
Manner as both Houfes Jhall agree on, and as is pro-
pofed on his Majejlfs Behalf :
And alfo to an Aft to prevent the P raft ices of Pa-
pifts again/I the State, and for putting the Laws in
Execution? and for ajlritter Course to prevent hearing
ar faying of Mafs*
But as to the Covenant, his Majejly is not yet
therein fathfied, that he can either Jign or fwear ity
or confent to impofe it on the Confciences of others ; nor
does conceive it proper or ufeful at this Time to be in-
flfted sn.
77;<? COMMISSIONERS REPLY to the KING'S Firft
ANSWER to the Proportion concerning the CHURCH.
Newport, Sept. 30, 1648.
have confidered of your Majefty's Paper,
given in to us this Moining, in Anfwer
* to ours of the 25th Inftant, prefented unto you
*• concerning the Church ; and do find in it many
c Omiflions, Alterations, and fome Denials of fe^
* veral Particulars which we there have humbly
* defired j as namely thefe :
Firft, * Your Majefty faith nothing of confent-
* ing to a Bill for the utter abolifhing and taking
* away of Archbi{hops, Bifhops, &c. out of the
1 Churches of England and Ireland, and Dominion
« of Wales.
Secondly, ' You exprefs not your Confent, ac-
* cording as it is defired, that the Ordinance for a-
* bolifhing of Archbifhops and Bifhops within the
* Kins-
af ENGLAND. 39
* Kingdom of England and Dominion of Wales, and An. sj Car. I.
* fettling their Lands and Pofleflions upon Truftees t !^*7' __•
* for the Ufe of the Commonwealth, and the other oftober.
* Ordinance for the appointing the Sale of their
* Lands to the fame Ufe, be confirmed by A& of
' Parliament. But you are pleafcd only to offer,
* That) by AcJ of Parliament, Eftates be granted for
' Lives or Fears at the old Rents, or form other mo-
* derate Rents j or that you will propound and confent
* to feme other Way far the Satisfaction of Pur~
* chafers, or others that have lent Money on thofe
* Lands, provided that the Property and Inheritance
' may ftill remain to the Church and Churchmen, and
* the Rents be referred for their Maintenance ; which
•* your Majefty will give us Leave to fay,, is not an
' Anfwer unto our Proportion.
Thirdly, « Whereas it is defired your Majefty will
' confirm, by AcT: of Parliament, the Ordinance
* for the calling and fitting of the Aflembly of Di-
* vines, by which they were to meet, and did meet
* the firft of July 1643, and are to be diflfolved
* in fuch Manner as by both Houfes of Parlia-
* ment (hould be directed ; your Majefty is pleafed
* to grant the Confirmation of it but for three
* Years only, they having fat above five Years al-
* ready.
Fourthly, « Whereas we pray, That Reformation
4 of Religion, according to the Covenant, be fettled
* in England, Ireland, and Wales, in fuch Manner
* as both Houfes have agreed, or {hall agree upon,
* after Consultation had with the Aflembly of Di-
* vines ; particularly,
* That the Directory be confirmed by Aft of
* Parliament, together with the Ordinances of the
* 3d of January 1644, and the 23d of Augufl 1645,
* concerning the taking away of the Book of Com-
* mon Prayer, and putting the Directory in Exe-
* cution ; your Majefty doth not fay you will con-*
* firm thofe Ordinances, which is our humble De-
* fire, only that the Directory fhall be confirmed
* for three Years ; and, for ought that yet appears,
* the Book of Common Prayer is ftill to be con-
C 4 tinued.
40 The Parliamentary HISTORY
An. 24 Car. I. ' tinned. Befides, we make it our humble Propo-
l648- < fition, that the Form of Church Government,
""oftober * ^ Articles °f Religion, and the Ordinances for
* the better Obfervation of the Lord's Day, be
' confirmed by Act of Parliament ; your Majefty
* only offers to confirm the Church Government
* for three Years, with a Provifo, That your Ma~
* jefty, and all of your Judgment, and all others
* who cannot In Confclence fubmit thereunto, Jhall
' not be obliged to comply either with the Govern-
* ment or Form of Worjhip, but to praftice your
c and their own ProfeJJion. And that a Confulta-
* tion in the mean Time may be had with the Af-
' femlly of Divines, (twenty being added of your
* Majeflfs Nomination) for the determining how
1 Church Government and the Form of Worjhip may
* be agreed after the faid Time or fooner ; and
( hnv Reformation of Religion may be fettled; and
' that then the Articles of Religion may be confi-
' dered and determined, and Care taken for tender
* Confeiences. All which, we humbly crave Leave,
* to fay, is very different from what WQ h'ave de-
« fired.
* And whereas your Majefty faith, That you
* will give your Royal AJJent to an Afi for the better
' Obfervation of the Lord's Day ; we defire to know
' if your Majefty intends the confirming of the
* Ordinances then prefented, which is our humble
« Defire.
Fifthly, <• Whereas it is defired, That your Ma-
* jefty will give your Royal AfTent to the Bill for
c fupprefling Innovations in Churches, &c, and the
c Bill againft Pluralities, ts'c. your Majefty faying,
* You will ajjent unto an Att for the one and for the
* other ; we likewife defire to know, if you mean the
e paffing of thofe Bills already prefented unto you.
Sixthly, « We humbly defire, That in the Acl
c to prevent the Practices of Papifts, &c. there may
c be a ftrifter Courfe taken to prevent the faying
c or hearing of Mafs in the Court, or any other
' Part of this Kingdom, or the Kingdom of Ire-
* land. But in this your Majefty hath not fully ex-
« preffed
^ENGLAND. 41
' prefled yourfelf ; therefore we humbly crave your Am JJ4£ar* L
* farther Anfwer to it. t
Seventhly, c Whereas we befeech your Majefty oftobcr.
* to fign and fwear the Covenant, and to pafs Acts
4 for enjoining the taking thereof by all the Sub-
' je&s of England and Ireland-, and that the Ordi-
* nances for the Manner of taking the fame, with
* fuch Penalties as (hall be agreed upon by both
' Houfes, may be confirmed by AcT: of Parliament ;
* your Majefty is pleafed to fay, You are not yet
1 therein fatisfied nor can either fign or fwear it your -
* felfy or confent to impofe it upon others ; and that
' you conceive it not proper to be infijled on at this
1 Time ; which, we beg your Pardon to fay, is di-
' rcdtly contrary to the humble Defires of your two
' Houfes of Parliament.
' All thefe Things confidered, and what other
4 Defects may be in your Majefty's Anfwer to our
4 Paper formerly mentioned and preferred unto you,
4 makes us now humbly pray your Majefty to re-
' fume the Confideration of thofe our Defires, and
* gracioufly to afford us your more full and fatisfac-
* tory Anfwer.'
[Sign' a7 by all the CommiJJioners.]
Next follow feveral Papers delivered by the King
to the Divines attending the Commiffioners, being
his Majefty's Scruples againft abfolutely commenting
to the Parliament's Propofition concerning the
Church, with their Anfwer and his Reply ; but thefe
being no Part of the Treaty itfelf, a Reference to
them may be fufficient (k).
The COMMISSIONERS PAPER, prcjfing for a ful-
ler jfnfiver to the Propofition concerning the
CHURCH.
Newport^ Ofl. 6, 1648.
' T T Aving prefented to your Majefty a Paper
' 1 1 containing the Propofitions for the Church,
' upon the 25th of September-, and feconded it
4 with
(k » Sir FJivarJ Walked, Colltfliort, p. 38, tt fej. Royjlo*t
Idition of the King's Worh, p. 677, et Jej.
The Parliamentary HISTORY
another Paper of the 29th> Praying y°ur An"
fwer, which we received upon the 3oth ;"but with
Odober. c many Alterations, Omiffions, and fome Denials
' in the Particulars of our Defire, as we have feve-
' rally exprefled them in a Paper given in the fame
' Day. And fince that, having fpent feveral Days
* in Debate and Conference with your Majefty,
' upon the Scruples and Doubts which you were
* pleafed to fay did remain with you concerning
* thofe Particulars ; wherein we endeavoured to
* make appear the Reafonablenefs of our Defire,
* and we hope have given your Majefty Satisfaction :
* We (confidering fo much of our limitted Time to
* be already paft, and fo little Progrefs made in this
* great Bufmefs, upon which fo much depends) do
* moft humbly befeech your Majefty to give your
* full Anfwer to theDefiresof your two Houfes con-
' cerning the Church, fet down in our faid Paper
* of the 2fth of September.
\&ign*d by all the Commi(fioners.*\
The KING'S Second ANSWER concerning the
CHURCH.
Newport, O&. 9, 1648.
CHARLES R.
~f?O R a further and final Anfwer to you, as to
•*• your fecund Proportion concerning the Church, and
to your Paper of the 30^ of September, wherein
you alledge there are many Omiffions, Alterations,
and fome Denials of feveral Particulars in his Ma-
jefty's former Anfwer, bis Majefty faith as follow -
etb:
I. As to the Exception^ That his Majefty faid
nothing to the confenting to the Bill for the utter
abolifhing of Archbifhops, Bimops, &c. nor that
the Ordinance for abolifhing them be confirmed by
Aft of Parliament ; bis Majejly faith, That in hit
former Anfwer he did confent to confirm for three
Tears, by Aft of Parliament, the Form of Church-
Government, and Directory for Worjhip, which ysu
trefcntfd to him ; and thereby hath tftfblijbtd the ac-
tual
of E N G L A N D. 43
Po/eJJion and public Exerclfe of tbofe Form, An. 24. Car.
hath fufpended the prefint Gsvernment and Form ^ 6* '
of Worjhip eJJabliJhed by Law ; but deftred a Conful- Oftober.
tat ion with Divines in the mean Time, for a future
Settlement, as in the Paper is expre/ed ; yet finding
by your fai 'd Paper, of the $oth of September, that
not to be fatisfaftory, his Majejly, with all Clear nefs,
will acquaint you what was his Aim therein.
His Majejly therefore declares, That the Reafon
why he did net anfwer to that Part of your Propofi-
tion in Terms as it is propofed, was, becaufe he was
not fatisficd in his Confcience he can confent to the
utter abolijhing of Epifcopacy, the Subflance whereof
he conceives to confijl in the Power of Ordination and
yurifdifiion as they were exercifed by the Apojllcs
thtmfefoes, and others by Authority derived from
them, fuperior to Pr?Jlyters and Deacons in the Pri-
mitive Times. But becaufe he acknowledgeth that
Bijhops were to have Council and Ajjijlance of Pref-
byters in Ordination and 'JurifdiEiion, and the laft
were and are limitable by the Civil Power, his Ma-
jejly defired the Consultation with the Divines, to
the end that he and his two Houfes might determine
in what Manner Ordination and 'Jurifdiflion might
be moderated and regulated for the future Govern-
ment of the Church ; his Majejly' s Refolution being
to comply with his two Houfes for the Alteration and
regulating of this prefent Hierrchy and Government,
fo as Epifcopacy, reduced to the primitive Ufage, may
be fettled and continued in this Church: And there-
fore his Majejly heartily defires their Concurrence in
the one, that he may with the more Freedom give his
Ajjent to the other ; and, if his two Houfes Jhall fa
advife, his Majejly will confent to lejfen the Extent
and multiply the Number of Diocefes. And in other
Particulars of like Nature, which upon farther Con-
federation may arife, and cannot now be particularly
declared or forefeen, his Majejly will evidence ):is
only Care is for the orderly Government of the Churchy
and the edifying of his People.
2. As 'to the Exception, That his Majefty hath
not expreffed his Confent for fettling the Bifhops
Lands
44 The Parliamentary HISTORY
An. 74 Car. .1 Lands upon Truftees, for the Ufe of the Common-
^__ , wealth, and for the appointing the Sale of their
Odtober. Lands to the fame Ufe j It is true be hath not, to
alienate the Inheritance of thofe Lands ; and herein
he believes he hath the concurrent Opinions of many
Divine •s, that in other Points differ much among
themfehes ; but his former Anfwer containing a large
Offer of Satisfaction to all thofe that have purchafed
cr difburfed Money upon thofe Lands, he hopes that
Anfwer, to which he now refers, will be fatisfaclory
to his two Houfes.
3. As to thai Part of the Proportion, for the cal-
ling and fitting of the AJfembly of Divines, his Ma-
jejly faith ) That he will* by Att of Parliament , con-
firm the calling and fitting of the faid Ajjembly from
the fir Jl of July 1643, and that they Jhall havefuch
Powers as are mentioned in the faid Ordinance, and
that they Jhall continue their meeting and fitting, and be
dijfolved infuch Manner as both Houfes of Parliament
Jhall dlreSt.
4. His Majejly will confirm the public Ufe of the
Directory In all Churches and Chapels, as is defired
In the Proportion, and will confent to the Repeal of fo
much of all the Statutes as only concern the Book of
Common Prayer ; andalfo to the taking the fame away
out of all Churches, and Chapels, provided that the
Ufe thereof may be continued in his Majejty's Chapel,
for himfelf and his Houjhold ; and will likewife confent,
that the Form of Church-Government, prefented to
him, be confirmed by Aft of Parliament for three
Years ; provided only, that a Confultation, in the mean
Time, be had with the Affembly of Divines, in fuch
Manner and for the Purpofcs as are in his former An-
fwer expreffed.
Touching the Articles of Religion ; his Majejly pro-
fejjeth he hath not had Time fence they were delivered
unto him, to look into them with that Deliberation as is
requijite, before 're bind up himfelf and his Subjcfis in
Matters of Fait!- and Doftrine ; and therefore dc fires
that Part of your Proportion may be rej'piied by hit
two Houfes.
5. And
$f ENGLAND. 45
5. And whereas you defire to know. Whether his An. H Car. I.
Majefty by faying, in his Paper of the ^oth of Sep- . * **'
tember, That he will give his Royal Aflent to an
Aa for the better Obfcrvation of the Lord's Day,
intends the confirming of the Ordinance prefented
unto him: His Majejly thereunto anfwers, That the
Bill for fupprejjing Innovations, to which you defire his
Confent, which he is willing to give, contains in it full
Provifion for the due Observation of the Lord's Day :
And, if that be not thought fujficient, his Majejly
will confent to pafs an Aft to confirm the Matter of
the Ordinance, for fo much as concerns the Obfcr-
vation of that Day. But as for the Ordinance
itfclf, and the ether Ordinances before-mentioned,
which have been long fince drawn, his Majejly hofc*
they will not be injijled on to be confirmed in Terminis
as they are penn'd, becaufe that there are divers
necejjary Alteraoions to be made in moft of them, in
rcfpeft of feme Things happened Jince their firjl
framing ; and ExpreJJions therein that reflett on former
£/1abliJhed Laws, and other Matters not necejjary to
the Alteration defired. But if new Acls be dra^vn ac- •
cording to his Confent herein exprejjed he will confirm
them.
6. His Majcjly conceived be had given a full An-
fwer to your Defire, That there might be a ftri&er
Courfe taken to prevent the faying or hearing of
Mafs in the Court or in any other Part of this
Kingdom or the Kingdom of Ireland. It is well
known of ivhat ProfeJJion his Royal Confort is, and
what Provifion was made by the two Crowns in the
Articles of Marriage, for her Exercife thereof. But
whatever Particulars fiall be propofed to him for
retraining it in the Places aforejaid, and limiting
it to her Majejiy and her own Familv, (wherein are
but very feiu Englilh, and not many French, of her
ProfeJJion) his Majefty never did, nor will, deny his
Confent thereunto.
7. Concerning the Covenant, and the Ordinances
concerning the fame ; his Majejlys Anfwer bein?;,
That he was not yet fatisjied to take ;V, cr impofe it
46 The Parliamentary HISTORY
A*' 2?6 °s"' T" 5" 5/^r* » ^ conceives his two Houfes will not infifl upon
i '-^ ' ^ it at this Time; and the rather becaufethe Ends thereof
Oftober. w ill be obtained by this Agreement, if happily concluded .'
Which God grant.
"The COMMISSIONERS PAPER upon the KING'S
Second ANSWER to the Proportion concerning the
CHURCH.
Newport, Off. 9, 1648.
* \7 OUR Majefty having delivered in a Paper of
4 JL this prefent ninth of Oftober, as your farther
* and final Anfwer to us, as to the fecond Propofi-
4 tion, concerning the Church ; we (hall tranfmit
c the fame to both Houfes of Parliament, with the
4 other Proceedings pafTed in writing on that fecond
"* Propofition, and go on in the Treaty according
* to our Inftruftions.
[Sign'd by the Commijjioners.]
The COMMISSIONERS PROPOSITION concerning the
MILITIA.
Newport, Oft. 9, 1648.
E humbly defire your Majefty to give your
Royal Afient to the Propofition following,
6 concerning the Militia :
* That the Lords and Commons in the Parlia-
' ment of .Ew^/Waflembled, (hall during the Space
* of twenty Years, from the firft of July 1646, arm,
c train, and difcipline, or caufe to be armed, trained,
' and difciplined, all the Forces of the Kingdoms of
* England and Ireland, and Dominion of IPa/es,
' the Ifles of Guernfey and Jerfey, and the Town
* of Berwick upon Tweed, already raifed both for
* Sea and Land Service j and fhall from Time to
' Time, during the faid Space of twenty Years,
' raife, levy, arm, train, difcipline, or caufe to be
4 raifed, levied, armed, trained, and difciplined,
' any other Forces for Land and Sea Service, in the
4 Kingdoms, Dominions, and Places aforefaid, as
' in their Judgments they fhall, from Time to
4 Time,
of E N G L A N D. 47
* Time, during the faid Space of twenty Years, An *4 £ar>
' think fit and appoint. And that neither the v
* King, his Heirs, nor Succeffors, nor any other
' but fuch as fhall aft by the Authority or Appro-
* bation of the faid Lords and Commons, {hall,
' during the faid Space of twenty Years, exercife
* any of the Powers aforefaid.
4 That Monies be raifed and levied for the
* Maintenance and Ufe of the faid Forces for Land
' Service, and of the Navy and Forces for Sea Ser-
* vice, in fuch Sort, and by fuch Ways and Means,
* as the faid Lords and Commons fhall, from Time
* to Time, during the faid Space of twenty Years,
4 think fit and appoint, and not otherwife. That
* all the faid Forces both for Land and Sea Service,
* fo raifed or levied, or to be raifed or levied, and
4 alfo the Admiralty or Navy, fhall, from Time to
4 Time, during the faid Space of twenty Years,
4 be employed, managed, ordered, and difpofed by
* the faid Lords and Commons, in fuch Sort, and
4 by fuch Ways and Means, as they fhall think fit
4 and appoint, and not otherwife. And the faid
4 Lords and Commons, during the faid Space of
* twenty Years, fhall have Power,
Fir/I, 4 To fupprefs all Forces raifed, or to be
4 raifed, without Authority and Confcnt of the faid
4 Lords and Commons, to the Difturbance of the
* public Peace of the Kingdom of England and
4 Ireland, and Dominion of Wales, the Ifles of
* Guernfey and Jerfey, and the Town of Berwick
4 upon Tweed, or any of them.
Secondly, 4 To fupprefs any foreign Forces who
4 fhall invade, or endeavour to invade, the King-
* doms of England and Ireland, and Dominion of
* Wales, the Ifles of Guernfey and Jerfey, and the
4 Town of Berwick upon Tweed, or any of them.
4 And that after the Expiration of the faid twenty
4 Years, neither the King, his Heirs nor Succeflbrs,
4 or any Perfon, or Perfons, by Colour or Pretence
* of any Commiffion, Power, Deputation, or Au-
4 thority, to be derived from the King, his Heirs
4 or Succeflbrs, or any of them, fhall raife, arm,
* train,
48 The Parliamentary HISTORY
An. 24 Car. I. ' train, difcipline, employ, order, manage, difband,
1648. « or djfp0fe anv Of the Forces by Sea or Land, of
' the Kingdoms of England and Ireland^ and Do-
* minion of Wales ^ the Ifles of Guernsey and Jerfeyt
' and the Town of Berwick upon Tweed ; nor exer-
c cife any of the faid Powers or Authorities in the
' precedent Articles mentioned andexpreffed to be,
4 during the faid Space of twenty Years, in the faid
' Lords and Commons ; nor do any A6t or Thing
* concerning the Execution of the faid Powers or
' Authorities, or any of them, without the Confent
* of the faid -Lords and Commons firft had and
' obtained.
* That after the Expiration of the faid twenty
' Years, in all Cafes wherein the Lords and Com-
' mons fhall declare the Safety of the Kingdom to
' be concerned, and fhall thereupon pafs any Bill
* or Bills for the railing, arming, training, difci-
' plining, employing, managing, ordering, or dif-
* pofmg of the Forces by Sea or Land, of the
* Kingdoms of Eng Ian d and Ireland^ the Dominion
' of Wales* the Ifles of Guernsey and "Jerfey, or the
* Town of Berwick upon Tweed, or of any Part of
' the faid Forces, or concerning the Admiralty and
* Navy ; or concerning the levying of Monies for
* the Railing, Maintenance, or Ufe of the faid
' Forces for Land Service, or for the Navy and
* Forces for Sea Service, or of any Part of them :
« If the Royal Aflent to fuch Bill or Bills (hall
£ not be given in the Houfe of Peers within fuch
* Time after the paffing thereof by both Houfes of
< Parliament, as the faid Houfes fhall think fit and
* convenient, that then fuch Bill or Bills, fo pafled
' by the faid Lords and Commons as aforefaid, and
' to which the Royal Aflent mall not be given as is
* herein before exprefled, fhall, neverthelefs, after
« Declaration of the faid Lords and Commons
* made in that Behalf, have the Force and Strength
« Qf an Adi or A6b of Parliament, and fhall be as
* valid, to all Intents and Purpofes, as if the Royal
' Aflent had been given thereunto.
^ENGLAND. 49
* Provided that nothing herein before-contained An. 24 car* I.
' (hall extend to the taking away of the ordinary
' legal Power of Sheriffs, Juftices of Peace, May-
* ors, Bailiffs, Coroners, Conftables, Headbo-
* roughs, or other Officers of Juftice, not being
* military Officers, concerning the Adminiftration
' of Juftice ; fo as neither the faid Sheriffs, Juftices
< of Peace> Mayors, Bailiffs, Coroners, Conftables,
' Headboroughs, or other Officers, nor any of
' them, do levy, conduit, employ or command
c any Forces whatfoevgr, by Colour or Pretence
4 of any Commiffion of Array, or extraordinary
* Command from his Majefty, his Heirs, or Suc-
* ceflbrs, without the Confent of the faid Lords and
* Commons.
1 And if any Perfons mall be gathered and af-
* fembled together, in warlike Manner, or other-
4 wife, to the Number of thirty Perfons, and fhall x
* not forthwith difband themfclves, (being required
* thereto by the faid Lords and Commons, or Com-
* mand from them, or any by them efpecially au*
* thorifed for that Purpofe) then fuch Perfon or
e Perfons, not fo difbanding themfelves, fhall be
4 guilty, and incur the Pains of High Treafon,
4 being firft declared guilty of fuch Otfence by the
' faid Lords and Commons, any Commiffion under
4 the Great Seal, or other Warrant to the contrary
* notwithftanding ; and he or they that fhall offend
* therein, to be incapable of any Pardon from his
* Majefty, his Heirs or Succeflbrs, and their Eftates
* (hall be difpofed of as the faid Lords and Com-
* mons fhall think fit, and not otherwife.
4 Provided, that the City of London fhall have
* and enjoy all their Rights, Liberties, and Fran-
' chifes, Cuftoms and Ufages, in the raifing and
8 employing the Forces of that City for the De-
' fence thereof, in as full and ample Manner, to
* all Intents and Purpofes, as they have or might
* have ufed or enjoyed the fame at any Time be-
' fore the making of the faid Aft or Proportion ?
* to the end that City mav be fully allured it is net
VOL. XVIII.' D 'the
Parliamentary HISTORY
An. 24 Car. I. < the Intention of the Parliament to take from them
l6*8' ' any Privileges or Immunities in raifmg or difpo-
^ Qfobef. * **inS of their Forces, wnicn tney nave or might
* hi-ve ufed or enjoyed heretofore*
* That the Militia of the City of London and
* Liberties thereof, may be in the Ordering and Go-
* vernment of the Lord Mayor, Aldermen, and
* Commons, in Common-Council afiembled, or
* fuch as they {hall, from Time to Time, appoint,
* (whereof the Lord Mayor and Sheriffs for the
* Time being to be three) to be employed and di-
* reeled, from Time to Time, in fuch Manner
* as (hall be agreed on and appointed by both Houfes
* of Parliament.
* That no Citizens of the City of London, nor
fc any Forces of the faid City, (hall be drawn forth,
* or compelled to go out of the faid City, or Liber-
* ties thereof, for Military Service, without their
* own free Conferit.
6 That the Tower of London may be in the Go-
* vernment of the City of London, and the Chief
6 Officer or Governor thereof, from Time to Time,
* to be nominated and removeable by the Com-
* mori-Council.'
[Sign'd by the Commijjioners.']
The KING'S Firft ANSWER to the Proportion con-
cerning the MILITIA.
CHARLES R. Newport, Oft. 9, 1648.
TN Anfwer to your Paper . delivered in this Day,
-* concerning the Militia ; his Majefty conceives
that your Proportion touching the Militia demands
a far larger Power over the Per fans and Eftates of
his Subjects than hath ever hitherto been warranted
by the Laws and Statutes of this Realm ; yet, confi-
dering the prefent Di/lraflians require more, and
trujling in his two Houfes of Parliament, that they
will make no farther Ufe of the Powers therein men-
tioned after the prefent Diftempers are fettled, than
/hail be agreeable to the legal Extrcife thereof in Times
^/ENGLAND. $i
/><z/?, and for the Purpofes particularly mentioned in y bur Afl. 24. Car. r.
Proportion ; # nd to give Satisfaction to Lis two Houfos9 1 l648' ..
*^af ta intends a full Security ; rf«^ /0 exprefs his real &&&&*
Defire to fettle the Peace of the Kingdom^ his Majejly
doth confent to this Proportion, touching the MJlitiOy
as is defired.
This Anfwer the Commiflioners refufing to re-
ceive, his Majefty the fame Day, lent the following :
CHARLES R. Ne*Port> O<a- 9> 1*48-
IrN Anfwer to your Proportion concerning the Mlli-
•* tia, delivered in this Dd*, his Majefty dcth there*
unto confent) as is defired.
t, 0&. 9, 1648:
' \7 OUR Majefty having delivered in a Paper
* A of this prefent ninth of Oflober^ containing
* your Anfwer to the third Proportion, concerning
' the Militia, we {hall tranfmit the fame to both
* Houfcs of Parliament, and go on in the Treaty
* according to our Inftruclions.'
[Sign'd by the CommiJJioners.]
The Lords deferred the Confederation of all
thefe Papers to the 1 3th : But in the Houfe of Com-
mons, immediately after their being read, Mr. Ed-
ward AJhe ftood up and faid, ' He could have in-
formed them as much as all this amounted to out
of the King's former Offers j and therefore mo-
ved that they might not be troubled with a fecond
Reading.' And accordingly the King's Anfwer wag
laid afide without even the Compliment of a Debate^
and the Commons came to the following Refolu-
tions thereupon :
1. ' That this Anfwer of the King to the Pro-The j>in^9 Ar._
po'iition prefented by the Commiflioners, concerning fwer concerning
ihe Church, is not fatisfa6rory.
2. * That after the Commiflioners (hall have
concluded upon the Proportion that this (hall find
them iiij they then do prefs the King for a full
D 2 Anfwejf
The Parliamentary HISTORY
• Anfwer to the Propofition prefented by them te
him, concerning the Church : And that tney do-
proceed in the Treaty, upon the reft of the Pro-
pofitions, according to their former Inftru&ions.'
Thefe Refolutions being fent up to the Lords,
they gave their Concurrence to them, as dfo to the
following Letter to the Commifiioners in the Ifle of
lyight:
My Lords and Gentlemen^
* "T^HE Lords and Commons have received your
6 •*• Letter of the 9th of Oftober, 1648, and have
c perufed and con&lered of the Papers inclofed -y
c wherein you give them a full Account of your Pro-
* ceedings in the Treaty upon the Propofitions pre-
4 fented by you to the King, concerning the Church,
* and the Propofition concerning the Militia j and
* thereupon the Lords and Commons have patted
* the Refolutions inclofed, which they defire you to
* take Notice of, and to perufe, and acquaint his
* Majefty with the fame.
* They further take Notice of your prudent and
* very faithful Management of thofe Affairs, and
* have commanded us to return you their hearty
* Thanks for the fame. This being all we have
*• in Command, we remain,
My Lords and Gentlemen y
Your Friends
MANCHESTER,
Speaker of the Honfe of Peerr^
WILLIAM LENTHALL,
Speaker of the Commons Houfs
in Parliament.
Oft. 13. A Letter from the Commiflioners in the
Ifle of Wight) with the Papers concerning the Pro-
pofition touching Ireland were read.
2 Ft*
gf ENGLAND. 53
far the Right Hon. the Earl of M A N c H E s T E R, AD. JA Car. I.
Speak cr^of the Houfe of PEERS pro Tern pore. t ' r2l _,
My Lord i Newport, Off. II, 1648.
< L1 Incc our laflr of the gth Inft. we have received P»pw» prefented
« 5 his Majefty's final Anfwer to our Paper deli- S^n twdw
* vered unto him upon the Propofition concerning ing the Propofi-
' Ireland, the Copies whereof we have fent you here tion for Ireland.
< inclofed. We have this Night put in a Paper
« upon the Proportions concerning raifing of Mo-
' nies for Payment of public Debts, &?£. and ihall
* eive your Lordfhips a further Account of our
* Proceedings as there (hall be Occafion. We
' reft> ^C' [Sign'd by the Lords Commi/ionerf.}
The PROPOSITION concerning ICELAND.
Newport^ Oft. 9, 1648.
* Vf7 E humbly defire your Majefty to give your
Royal Aflent to the Propoiition enfuing,
4 concerning Ireland.
6 That an A& of Parliament be pafTed, to de-
4 clare and make void the Ceflation of Ireland^ and
* all Treaties and Conclufions of Peace, or any
4 Articles thereupon with the Rebels, without
4 Confcnt of both Houfes of Parliament ; and to
4 fettle the Profecution of the War of Ireland in
4 both Houfes of Parliament of England^ to be ma-
* naged by them ; and your Majefty to aflift, and v
4 to do no Adi to difcountenance or mqleft them
« therein.
' That the Deputy, or Chief Governor or other
4 Governors of Ireland^ and the Preftdents of the
< feveral Provinces of that Kingdom, be nomina-
* ted by both Houfes of the Parliament of Eng-
* land) or, in the Intervals of Parliament, by fuch
4 Committees of both Houfes of Parliament, as
* bovh Houfes of the Parliament of England ft\?\\ no-
4 minate and appoint for that Purpofe : And that
4 the Chancellor or Lord-Keeper, Lord-Treafurer,
4 Commiffioners of the Great-Seal or Treafury,
D 3 * Chan-
54 The Parliamentary HISTORY
An. z4 Car. I- * Chancellor of the Exchequer, Secretaries of State,
iHS. ^ < Mafter of the Rolls, Judges of both Benches
^ oaobtr ' an^ Barons of the Exchequer, Vice-Treafu-
' rer, and Treafurers at War of the Kingdom of
' Ireland, be nominated and appointed by both
' Houfes of the Parliament of England, to conti-
' nue quamdiu fe bene gejjerint ; and, in the Intervals
f of Parliament, by the forementioned Committees,
'tto be approved or di fall owed by both Houfes at
f 'their next fitting. And that all Grants of Offices,
* Lands, Tenements, or Hereditaments, made or
* pafled under the Great Seal of Ireland, unto any
* Perfon or Perfons, Bodies Politic, or Corporate,
* fmce the CefTation made in Ireland the i5th Day
' of September, 1643, fhall be null and void; and
? that all Honours and Titles conferred upon any
e Perfon or Perfons in the faid Kingdom of Ire-
' land, fmce the faid CefTation, {hall alfo be null
* and void.'
[Sign'd by the CommiJJidners.'}
CHARLES R. NewP°rt> Oa- "> 'M-
T7* 0 JR. a final Anfwer to your Propofition of the.
~* gth of October, concerning Ireland, his Majejly
doth give his Confent thereunto as is defired ; the 'Time
fir nominating of the Deputy and other Officers
being limited for twenty Tears from the fir Jl of July,
1648.
Newport, Ott, u, 1648.
c T T Aving received your Majefty's final Anfwer
? 1 1 to our Paper of the qth of Oflober Inftant,
' concerning Ireland, we {hall tranfmit the frme to
' both Houfes of Parliament, and go on in the
1 Treaty according to our Inftru&idns.'
[Sign'd by the CommiJJioners.]
Thus ends the Parliament's Fourth Propofition
pf Peace :— A fliort Digreffion to another Subjcdl
cannot be difagreeable. The Reader may re-
member a Charge preferred againft Major Rolph
*/* ENGLAND. 55
by Mr. O/borne, in June laft, for intending to An. 34 Car. J-
murcler the King in CarlJbrooke-Caftle\ in Confer- (_ * 48' t
quince whereof the Houfe of Lords committed the
Major to the Gatehoufe, and an Indictment was
foon after preferred againft him at Wmchefter ;
which not being found by the Grand Jury there,
the Commons voted him the Sum of 150 /. as a
Recompence for falfe Imprifonment, and com-
mitted Mr. OJborne^ and Mr. Dtnv cet a Witnefs in A Charge ord«-
Support of the Charge againft the Major, to the «d againfl Mr.
Cuftody of the Serjeant at Arms. Mr. Oftoriu^^^
found Means to make his Efcape j but Mr. Dow-fa Roiph.
cet having continued two Months in Confinement,
he, this Day, (Otf. 13) petitioned the Houfe of
Lords to be admitted to Bail j this they grantf
ed, and fent a Mefiage, recommending it to the
Commons to do the fame. Immediately after the
reading this Petition, Serjeant IVylde flood up andx
faid, Mr. Speaker, I have in my Hand the
Draught of a Charge againft this Dowcet, which,
in my Opinion, the Houfe ought rather to take
Notice of than his Petition ; for I can atteft that
Major Ralph was fufficiemly cleared upon his
Trial at Winchefter, where I fat upon the Bench ;
and I am fure many others in the Hqqfe, that
were prefcnt there, can witnefs the fa.me : And
therefore I conceive the flanderous Accufation a-
gainft him having reflected exceedingly upon the
Honour of this Houfe, upon the faithful Cojonel
Hammond, and the whole Army, we can do no lefs
than bring the Scandalixers to fome exemplary
Puniftiment : But OJborne being gone, and Dow-
ctt in hold, I defire that this Charge may be
preferred againft him, and he brought to a fpeedy
Trial.'
In confequence of this Motion the Commons
rejected Mr. Dowcefs Petition, and ordered Ser-
jeant Wylde and Mr. Lijle (a) to bring in a Charge
againft him on the i8th.
D 4. Oft.
(a) This Gentleman fat as an Afliftant to the Serjeant upo^ tie
and afterwards was one of the King's Judges.
5 6 7 'he Parliamentary HISTORY
An. 14 Car. I, Off. 14. A Letter from the Earl of
"6^Si j (dated Off. 2, on board the St. George, riding be-«
k""" oaober. ^ore Goree] to the Committee at Derby-Houfe, was
read in the Houfe of Commons, fetting-forth, That
Supplies ordered feveral Dutch Men of War continued to ride be-
for the Fleet un-twjx(. ^ j ^ revo}te(j Ships, then in Helvet-
der the Earl or it i ' TV -i /- T*T
Warwick, /"91 5 > an(* "*** having called a Council of v\ ar to
advife of the beft Means to reduce thofe Ships to
the Parliament's Obedience, the Refult thereof
was to continue the Fleet in Goree Road ; that he
hoped the Houfes would approve of his Proceed-
ings therein, and fend a fpeedy Supply of Money
and Provifions for the Fleet.' Upon reading this
Letter Mr. AJhe faid, ' It is true indeed the Hol-
A??z<fMen of War lie now betwixt the Lord -Ad-
miral and the Prince's Fleet, but if it had pleafed
him^ he might have done his Work before the
Hollanders interpofed, had the revolted Ships been
fet upon at his firft coming into that Road ; there-
fore, fays he, Mr. Speaker, you may fend Money
and Provifions ; but, for my Part, I believe you
will never hear of any better Service.* How-
ever, this Attack upon the Lord-Admiral was no
farther pufh'd ; for the Houfe voted their Appro-
bation of his Conduct j ordered Money and Pro-
vifions for his Fleet ; and the Sequeftrations of
Delinquents in North-Wales were appropriated for
that Purpefe.
Oft. 17. More Letters and Papers came from the
Commiflioners, concerning the Treaty, which were
read.
for the Right Hon. EDWARD Earl of M A N c H E-
STER, Speaker of the Houfe of PEERS pro
Tempore.
My Lord, Nnuport, Qtt. 14, 1648.
' \\7 ^ herewith prefent your Lordmip with an
papsrs relating < VV Account of our Proceedings upon the
tothePropofi- < propofltjons concerning public Debts, Peers, &c.
tions about pub- ^ r Ln-i r un
iic Debts an(i 'or t"6 Particuhu's we refer to the 1 apers in-
' clofed.
< We
^ENGLAND. 57
< We delivered Yeftemight a Paper upon the An'^^"
* Proportions concerning Delinquents, herewith t v * J
1 alfo fent ; and fo we remain, &c.' Cuoher.
[Signd by the Lords Commijfioners.']
The PROPOSITION concerning Payment of PUBLIC
% DEBTS and DAMAGES.
Newport, Off. 12, 1648.
' \\7 ^ numbly defire that your Majefty will
' VV give your Royal Aflent to fuch A 61 or
' A£ts for raifing of Monies for the Payment and . .
' fatisfying of the public Debts and Damages of
' the Kingdom, and other public Ufes, as (hall
' hereafter be agreed on by both Houfes of Parlia-
' ment ; and that if the King doth not give his
' AfTent thereunto, then it being done by both
' Houfes of Parliament, the fame {hall be as valid,
' to all Intents and Purpofes, as if the Royal AfleAt
•* had been given thereunto.'
[Sign'd by all the CommiJJioners,']
CHARLES R. NewPort> Oa- "> 'M-
anfiver to your Proportion of the nth of Oc-
tober, concerning Public Debts, &c. his Majejly
doth confent to your Proportion as is defired, the Aft
or dfls extending only to Debts or Damages, and pub-
lic Ufes incurred and pafs'd, and to be agreed by both
Houfes within twelve Months^ ,
The COMMISSIONERS PAPER, preffing for a more
explicit ANSWER.
Newport, Qtl. 12, 1648.
* VX7 Hereas by our Paper of the nth of Ofto-
ber, it is humbly defired your Majefty will
' give your Aflent to fuch A& or A#s for raifmg
« Monies for the Payment of public Debts and
« Damages of the Kingdom, and other public Ufes,
* as (hall hereafter be agreed on by both Houfes
< of Parliament 5 and that if the Royal Afll-nt be
Odober
58 The Parliamentary H I s T o R V
An. 2+ Car. i. < not thereto given, yet being done by the Houfesj
c it fhaii be as valid, to all intents and Purpofes.
' Your Majefty, in your Anfwer now given to
* it is pkafed to limit your Confent only for fucb
* Debts and Damages , and puhlic Ufes as are already
* incurred and paji, and they to be agreed upon by the
' Houfes within twelve Months ; whjch comes fhort
* of the the Defires of the two Houfes, that look
' to the future as well as the Time paft. And you
* are likewife pleafed to reftrain it to twclvq
* Months for their agreeing upon thofe Debts, Da-
' mages, and public Ufes. We therefore humbly
4 crave your Anfwer to the aforefaid Paper as it i$
* there dcfired.' r{,- , , , , „ ./r ,
[Sign a by the Commijjioners.]
The KING'S FINAL ANSWER.
CHARLES R. Newport, Oa. 12, 1648.
J?OR a final Anfwer to you as to your Prcpofition of
•*• the nth of October, concerning pubfif Debts^
&c. and to your Paper of the I2th concerning the.
fame : His Majejly doth confent to your P opofition
as is dsfired^ Jo as the Aft or Atts be agreed on,, and
prefented within the Space of two Tears, and extend only
to Debt*) Damages, andfublic Ufes incurred by that
Making
e-cation
Newport, Oft. 12, 1648.
c T "I Aving received your Majefty's final Anfwer
c I 1 to our Papers of the nth and 12th of Oftober
* Inftant, concerning the Payment of Public Debts,
6, &c. we fhall tranfmit the fame to both Houfes of
' Parliament, and go on with the Treaty according
* to our Inftru&ions.'
' [Sign'd b\- the Commijfioners.]
ffle PROPOSITION for making void dl Honours
conferred fmce May 21, 1642.
Newport 12, 1648.
E do humbly defire your Majefty's Con-
fent to the Propontion enfuing, That by
all Peers made fmce the Day
« that
the <
< "\1/
t. Y/y
of E N G L A N D. 59
* that Edward Lord Littleton, then Lord-Keepqr An. 14 Car. !•
f of the Great Seal, deferted the Parliament, and t|_j.'''*8' j
* that the faid Great Seal was furreptitioufly con- oaooer."
* veyed away from the Parliament, (being the 2ift
* Day of May 1642) and who mall be hereafter
* made, mall not fit or vote in th,e Parliament of
' England, without Confent of both Houfes of
' Parliament ; and that all Honours and Titles con-
« ferred on any without Confent of both Houfqs
4 of Parliament fmce the 2Oth of May 1642, (ber
* ing the Day that both Houfes declared, That the
* King, feduced by evil Council, intended to raiJJs
* War again/} the Parliament) be declared null and
[Signed by the CommiJ/ioners.]
CHARLES R. Newport, Oft. 13, 1648.
TN anfwer to your Proportion of the i2th of Oc-
tober, concerning Peers, &c. his Majejly doth con*
Jent thereunto as is defired*
Newport, Ofl. 13, 1648.
* t_J Aving received your Majefty's Paper of the
'11 1 3th Inftant, in Anfwer to the Propofition
' prefented to your Majefty in our Paper of the i2th,
« concerning Peers, &c. wherein your Majefty is
* pleafed to declare that you do confent thereunto
« as is defired, we mall tranfmit the fame to both
« Houfes of Parliament, and go on in the Treaty
' according to our Inftruclions.
[Sign'd by the CommiJJionen.']
The PROPOSITION concerning DELINQUENTS.
Newport, Off, 13, 1648.
* \T7 E humbly defire your Majefty to give your And about De-
< W Royal Aflent to the Propofitions enfuing Iin1uentt-
' concerning Delinquents : That an A61 be pafled
< concerning Delinquents, as followeth :
FIRST BRANCH.
' That the Perfonsjwho mall expec*l no Pardon be
' oaly thefe following ; Rupert and Maurice, Count
* Palatine^
60 The Parliamentary HISTORY
An. »4 Car. I. < palatines of the Rhine ; James Earl of Derby ;
^ *'• _, « 'loin Earl of Sri/lol; Wihiam Earl of Newcastle ;
Oftober. * Francis Lord Cottington\ George Lord Digby \
« Mattew Wren, Bifhop of £/j ; Sir .Rs&rf Ar^A,
« Knight ; Dr. Bramball, Biihop of D«ry ; Sir
4 William Widdrington ; Col. George Goring ; /&*-
' ry Jermyn, Efq ; Sir #rt//>6 Hopton ; Sir J^« 5y-
' ;-0» j Sir Francis Doddirgton; Sir y<?£« Strong*-
« nwyj ; Mr. Endimion Porter ; Sir George Rod-
* diff"e\ Sir Marmaduke Langdale ; Henry Vaugl>-
( an, Efq; now called Sir Henry Vaughan\ Sir
* Francis Jf/indetanke ; Sir Richard Greenville',
' Mr. Edward Hide*, now called Sir Edward Hide ;
« Sir y^rt Marley-y Sir Nicholas Cole ; Sir Thomas
« Riddel^ jun. Sir T^An Cohpeper ; Mr. Richard
* L/^, now called Sir Richard Lloyd ; Mr. David
' Jenkins ; Sir George Strode ; George Carter et,
« Efq ; now call'd Sir George Carteret i Sir Charles
* Dallifon^ Knt. Richard Lane, Efq ; now called
'Sir Richard Lane ; 5/r Edward Nicholas ; 'John
« Afoburnbam, Efq ; Sir Edward Herbert, Knt.
< his Majcfty's Attorney-General. And all Papifts
* and Popifh Recufants, who hive been, now are,
« or fhall be actually in Arms, or voluntarily af-
' fifting againft the Parliament of E r gland -, and
* by Name, the Marquis of Wmton ; Edward Earl
f
* of Worcejler ; Lord Brttdenell j
6 Efq ; Lord Arundell of War dour : Sir Francis How-
* ard; Sir JaAn IVinter \ Sir CA<?r/« 5»wVA j Sir
« %^» Pr^n ; Sir &7/Z/ Brw/t ; Lord >fcdfer,
* Earl of Caftlehaven in the Kingdom of Ireland ;
« William Shelden, of 5^/y, Efq; Sir //«ry fi^-
< dixgfield. And all Perfons who have had any
* Hand in the pjotting, defigning, or afiifting the
* Rebellion of Ireland except fuch Perfons who,
* having only aflifted the faid Rebellion, have ren-
< dered themfelves, or come in to the Parliament
' of England.
SECOND BRANCH.
' That Humphrey Bennet, Efq ; Sir Edward
'- Ford; Sir Jvha P tnruddvck -, Sir George Vaugban\
£f ENGLAND. 61
4 Sir John Weld\ Henry Lyngen Efq ; Sir Henry An. 24 Car. I.
* Fletcher; Sir Richard Mm/hull; Laurence Hal- ^ '*4*'
'Jiead; John Denham, Efq; Sir Robert Lee ; Sir
4 John rate; "John A eland; Edmund IVindham,
4 Efq ; Sir John Fitzherbert ; Sir Edward Law-
* rence; Sir Ralph Dutton; Sir Edward H/a!dgrave $
4 Sir Edward Bijhop ; Sir William Rujel, of 7^>r-
' cefterjhire ; Thomas Lee, of Adlington^ Ffq ; Sir
«7^« Girlington; Sir /W Afo/j Sir
'Thorold; Sir Edward Hu/ey ; Sir
' dfc/, y^n. Sir Philip Muf grave ; Sir
* of Nottinghamjhirc; Sir Robert Owfey ; Sir John
' Many; Sir Edmond Fortefcue*, Peter St. /////, Efq;
« Sir 7&WKW r/7^y ; Sir //^»ry Griffith •> Mi-
* cA^^/ Warton^ Efq ; Sir //^«ry ^//^r ; Mr.
4 George Benyon, now call'd Sir George Benyon ;
* Lord Cholmley ; Sir Thomas Afton ; Sir Lewis
c Divef ; Sir P^/^r OJborne ; Samuel Thornton^ Efq ;
* Sir '/W-"* Z-«r<7f ; y^« B'aney^ Efq ; Sir Thomas
1 Cheddle; Sir Afa^Aw &*/> ; //«^ I%J, Efq ;
4 Sir Nicholas Crifpe ; and Sir P^ter Ricaut, be re-
* moved from his Majefty's Councils, and be re-
4 {trained from coming within the Verge of the
* Court : And that they may not, without the Con-
4 fent of both Houfes of the Parliament of England,
4 bear any Oifice, or have any Employment con-
4 cerning the State or Commonwealth. And in
4 cafe any of them {hall offend therein, to be guilty
* of High Treafon, and incapable of any Pardon
4 from his Majefty ; and their Eltates to be difpo-
* fed of as both Houfes of the Parliament of Eng-,
4 land {hall think fit. And that one full third Part
' thereof, upon full Value of the Eftates of the
4 Perfons aforefaid, made incapable of Employment
4 as aforefaid, be employed for the Payment of pub-
4 lie Debts and Damages.
4 And that the late Members, or any who pre-
* tended themfelves late Members of either Houfe
' of Parliament, who have not only deferted the Par-
4 liament, but have alfo fat in the unlawful AfTem-
4 bly at Oxford^ called or pretended by fome to be
4 a Piiriiament, and voted the Kingdom of Eng-
62 'The Parliamentary HISTORY
Ah. 24 Car. I. e land Traitors, and have not voluntarily rendered
t l6*8' J « themfelves before the laft of Ottober, 1644, be
Oftober. ' removed from his Majefty's Councils, and be re-
' ftrained from coming within the Verge of the
* Court ; and that they may notj without Advice
* and Confent of the Kingdom of England, bear
* any Office, or have any Employment concerning
* the State or Commonwealth : And in cafe any
* of them fhall offend therein, to be guilty of High
* Treafon, and incapable of any Pardon by his
' Majefty, and their Eftates to be difpofed of as *
' tioth Houfes of Parliament in England {hall think
'fit.
* And that the late Members, or any who pre-
* tended themfelves Members of either Houfe of
c Parliament, who have fat in the unlawful Affcm-
4 bly at Oxford, called or pretended by fome to be
* a Parliament, and have not voluntarily rendered
* themfelves before the laft of Ofiober, 1644, be re-
* moved from his Majefty's Councils, and reftrain-
* ed from coming within the Verge of the Court ;
4 and that they may not, without Advice and Con-
* fent of both Houfes of Parliament, bear any Of-
' fice, or have any Employment concerning the
* State or Commonwealth : And in cafe any of
* them {hall offend therein, to be guilty of High
* Treafon, and incapable of any Pardon from his
* Majefty, and their Eftates to be difpofed of as both
4 Houfes of the Parliament of England {hall think
« fit.
4 And that the late Members, or any who pre-
' tended themfelves Members of either Houfe of
4 Parliament, who have deferted the Parliament,
' and adhered to the Enemies thereof, and have not
* voluntarily rendered themfelves before the laft of
* Ofiober, 1644, be removed from his Majefty's
4 Councils, and be reftrained from coming within
' the Verge of the Court j and that they may not,
' without the Advice and Confent of both Houfes
* of Parliament, bear any Office, or have any Em-
' ployment concerning the State or Common-
* wealth : And. in cafe any of them {hall offend
4 therein y^
of E N G L A N D. 63
* therein, to be guilty of High Treafon, and inca- A" 24 c»r-
* pable of any Pardon from his Majefty, and thf ir
* Eftates to be difpofed of as both Houfes of Par-
* liament in England fhall think fit.
' And that all Judges and Officers towards the
* Law, Common or Civil, who have deferted the
* Parliament, and adhered to the Enemies thereof,
' be incapable of any Place of Judicature, or Office
* towards the Law, Common or Civil : And that
* all Serjeants, Counfellors, and Attornies, Doctors,
6 Advocates, and Proctors of the Law, Common
* or Civil, who have deferted the Parliament, and
' adhered to the Enemies thereof, be incapable of
''any Practice in the Law, Common or Civil, ei-
' ther in public or private ; and fhall not be capable
* of any Preferment or Employment in the Com-
* monwealth, without the Advice and Confent of
* both Houfes of Parliament. And that no Bifhop or
* Clergyman, no Mafter or Fellow of any College
« or Hall in either of the Univerfities, or elfewhere,
' or any Mafter of School or Hofpital, or any Eccle-
* fiaftical Perfon, who hath deferted the Parliament,
6 and adhered to the Enemies thereof, fhall hold or
* enjoy, or be capable of any Preferment or Em-
' ployment in Church or Commonwealth : But all
* their faid feveral Preferments, Places, and Pro-
' motions fhill be utterly void as if they were na-
* turally dead ; nor fhall they otherwife ufe their
* Functions of the Miniftry, without the Advice
* and Confent of both Houies of Parliament; pro-
* vided that no Lapfe fhall incur by fuch Vacancy
* untill fix Months paft after Notice thereof.
THIRD BRANCH.
* That all Perfons who have been actually in
* Arms againft the Parliament, or have counfelled
* or voluntarily affifted the Enemies thereof, be
* difabled to be Sheriffs, Juftices of the Peace,
* Mayors, or other Head-Officers of any City or
' Corporation, Commiffioners of Oyer and Termi-
* ner, or to fit or ferve as Members or Afliftants
'iA
64 The Parliamentary HISTORY
An. 24. Car. I. < jn either of the Houfes of Parliament, or to have
* 4 ,c any Military Employment in this Kingdom, with-
' out tne Confent of both Houfes of Parliament.
FOURTH BRANCH.
c The Perfons of all others to be free of all per-
' fonal Cenfure, notwithftanding any AcT: or any
' Thing done in or concerning, this War, they ta-
* king the Covenant.
FIFTH BRANCH.
* The Eftates of thofe Perfons excepted in the
c Firft Branch, and the Eftates of Edward Lord
c Littleton, and of William Laud, late Archbifhop
' of Canterbury^ to pay public Debts and Da-
' mages.
SIXTH BRANCH.
' That two full Parts in three to be divided of alj
' the Eftates of the late Members of either Houfe of
* Parliament, who have not only deferted the Par-
* liament, but have alfo voted the Kingdom of
' England Traitors, and have not rendered them-
' felves before the nrft of December ^ 1645, (hall be
* taken and employed for the Payment of the pub-
* lie Debts and Damages of the Kingdom.
' And that two full Parts in three to be divided
' of the Eftates of fuch late Members of either
* Houfe of Parliament as fat in the unlawful Af-
' fembly at Oxford^ and fhall not have rendered
' themfelves before the firft of December ', 1645,
* fhall be taken and employed for the Payment of
' the public Debts and Damages of the Kingdom.
4 And that one full Moiety of the Eftates of fuch
* Perfons, late Members of either of the Houfes of
* Parliament, who have deferted the Parliament,
* and adhered to the Enemies thereof, and fhall not
* have rendered themfelves before the firft of De-
' cember^ 1645, fhall be taken and employed for
' the Payment of the public Debts and Damages of
4 the Kingdom.
6 That a full third Part of the Value of the
* Eftates of all Judges and Officers towards the
'Law
cf ENGLAND. 6$
Law, Common or Civil, and of all Serjeants, An. 24 Car. r.
Counfellors, and Attornies, Doctors, Advocates, t l648'
and Pro&orsof the Law, Common or Civil ; and
of all Bifhops, Clergymen, Matters and Fellows
of any Colleg'e or Hall, in eirher of the Univer-
fities, or elfewhere ; and of all Mailers of Schools
or Hofpitals ; and of all Ecclefiaftical Perfons
who have deferted the Parliament, dnd adhered
to the Enemies thereof, and have not rendered
themfelves to the Parliament before the firft of
December, 1645, (hall be taken and employed fct
the Payment of the public Debts and Damages of
the Kingdom.
« And that a full fixth Part of the full Value of
the Eftates of the Perfons excepted in the third
Branch, concerning fuch as have been actually in
Arms againft the Parliament, or have counielied,
or voluntarily affifted the Enemies thereof, and
are difabled according to the faid Branch, be taken '
and employed for the Payment of the public Debts
and Damages of the Kingdom.
SEVENTH BRANCH.
c That the Perfons and Eftates of all common
' Soldiers, and others of this Kingdom of Eng-
* land, who, in Lands and Goods, be not worth
* 200 /. Sterling, be at Liberty, and difcharged.
EIGHTH BRANCH.
« That the firft of May laft, is now the Day li-
4 mitted for the Perfons to come in that are compri-
' fed within the former Branches. Provided .that
* all and every the Delinquents, which by or ac-
' cording to the feveral and refpecYive Ordinances
* or Orders, made by both or either of the Houfes of
* Parliament, on or before the 24th Day of Aprtl^
'* 1647, are to be admitted to make their Fines and
' Compofitions under the Rates and Proportions of
' the Branches aforefaid, (hall, according to the faid
* Ordinances and Orders refpe&ively, be thereunto
* admitted. And farther alib, that no Perfon or
VOL. XVIII. E * Pe:fons
66 *Tke Parliamentary H i s f b R V"
An. 23 Car. I. < Perfons whatfoever (except fuch Papifts as ha-
' in& ^een 'n Arms, or voluntarily affifted againfl
' tne Parnarnent» have, by concealing their Qua-
* Jityj procured their Admiffion to Compofition)
' which have already compounded, or fhall here-
* after compound, and be thereunto admitted by
' both Houfes of Parliament, at any of the Rates
'.and Proportions aforefaid, or under, respectively,
' ihall be put to pay any other Fine than they
' have, or fhall refpe&ively fo compound for (ex-
' cept for fuch Effates, or fuch Part of their Eftate? ,
* and for fuch Values thereof i efpeclively as have
' been, or (hall be concealed or omitted in the Par-
* ticulars- whereupon they compound ;) and that
* all and every of them fhafl have thereupon their
1 Pardons, in fuch Maimer and Form as is agreed
' by both Houfes- of Parliament.
' And that an Aft. be pafled, whereby the Debts
* of the Kingdom, and the Perfons of Delinquents*
* and the Value of their Eftates may be known ^
* and which Aft (hall appoint in whaf Manner the
* ConnYcatkms and Proportions before-mentioned
* may be levied and applied to the Difc:.arge of the
* faid Engagements.'
fry ths
In the Commons 'Vournak of this Dlay, Tuefdaf*
1 nc Commons, — . /- i i /* n *^*i • i
arthe Requeftof Oftooer 17, we nnd the nrlt I rung done was to
the Speaker, re- refolve, That at the rifmgofthe Houfe'they would
forlx^fl0""1 adjourn to the next Monday : and that the Lords
be acquainted with that Refolution. ------- Thofe
Authorities do not affiga any Reafon for- fo long an
Adjournment: But a Contemporary Writer (h}y
1 whofe Account of the Debates of thefe Times co-
incides very minutely with the Votes and Rcfolu-
tions of the Houfe as recorded in their Jcarnah^
informs us, ' That this was a Project of tiie Inde-
pendent Party tp delay the Treaty, in which the
Speaker himfelf was to be the prime A&or ;
and that in order thereto, prefently after he had
« taken
(k) Mtrwrivt Pragmaticus, No.. yo«
of ENGLAND.
taken the Chairj and the Houfe being yet very A
thin, he ftood up and faid, ' Gentlemen, I have
certain Infirmities growing upon me, for Preven-
tion whereof I dcfire to have foine Ti;ne for the
taking of Phyfic ; and therefore make it my ear-
neft Dcfire that you would be pleafed to adjourn
the Houfe till Monday next.' Moft of the Mem-
bers then prefenc being in the Secret, there was a
general Cry for an Adjournment; But they were
iropt a little in their Career by others ; who, con-
fidently that Mr. Speaker had not been much trou-
bled with Melancholy fince General Cromwell
comforted him by a Letter about his Victory over
the Scott) pleaded, ' That Mr. Speaker, G.od be
blefs'd, look'd very well and healthy of late ; and
they hop'd his Maladies were not rhore prefling
than the Affairs of the Public ; urging, withal!,
How great an Inconvenience an Adjournment muft
needs be, in this Inftant of a Treaty^ whereof all
Tranfactions were to be reported continually to
the Houfe ; fo that their not fitting for a Week
might be extremely prejudicial to the fpeedy Pro-
grefs of the Treaty^ and be a Meahs to defeat the
Hopes and Expectations of the whole Kingdom,
if Matters were not concluded in the forty Days
alloted. Ami therefore they begg'd of Mr. Speaker
to difpence a little with his own Occafions, rathcf
than bring fo great a Hazard upon the Treaty*
Notwithftandirtg which it was carried for an Ad-
journment, and ordered that a Meflage be fent to
the Houfe of Lords to defirc them to adjourn to the
fame Time^
The Lords were greatly furpfized at this Mef-
fage 5 but, apprehending the Defign, iriftead of gi-
ving their Concurrence to this Adjournment, fenC
Serjeant Finch and Dr. Heath to dcfire a prefent
Conference with the Commons about it. By this
Time that Houfe began to fill, and the Motion
for a prefent Conference was agreed to. Soon af-
ter Mr. Swynfen reported, « That the Lords look
upon the Treaty with the Kin? to be a Matter of
E 2 th*
An. 24 Car.
1648.
68 The Parliamentary HISTORY
Tt the high^fl Concernment to the Kingdom ; that
their fitting at this Time was abfolutely neceflary
Odtober. for the Affiftance of their Commiilioners, by re-
turning the Senfe of the Houfes upon fuch Mat-
ters as fnould be communicated to them from the
Me of Wight ; that fo long an Adjournment muft
obftiu6l the Prcgrefs of the Treacy; and there-
fore th?y denred the Commons would forbear to
adjourn.' Upon this a Member ftood up and ob-
jected, * That the Lords did not give this Anfwer
of themftlves, but had others to put it into their
Mouths.' He laid further, c Mr. Speaker, this
Anfwer of the Lords is Brain of our Brain, for
they have plowed with our Keifer", fome among
ourfelves having intruded them what to fay, and
how to behave thcmfelves touching this Adjourn-
ment.' He was feconded by Sir Thomas IProth^
who faid, ' Mr. Speaker, I conceive we have
Power of adjourning our own Houfe, without afk-
ing Leave of the Lords ; and therefore I think we
fhould do well to take this Occafion to vindicate
our own Authority, as not depending upon the
Lords, and ftand to this Morning's Vote for an
Adjournment till Monday.'
To this a Member anfwered, ' I muft confefs,
Mr. Speaker, the Houfe hath voted this Day to
adjourn, and that it is contrary to iiie Courfe of
Parliament for any Member to move for the re-
calling of a Vote ; yet I am not without a Precedent
for it, and that a very late one too; for, Mr.
Speaker, you may remember that when the Houfe
had refolved, according to the King's Duiie by
Letter, that nothing concluded in part fhould be
binding, unlefs the whole were agreed upon by
Treaty; yet, within two Days after this Vote was
parTed, you gave Leave to Mr. Natbaniael Stephens^
Mr, Lifte^ and others, (though tb/_y were cried
down) to impugn it ; and therefore 1 defire to take
the fame Liberty to move, That this Refolution
for adjourning may be recalled, it' refte&i
much, in my Conceit, upon the Honour of the
Houfe,
of E N G L A N D. 69
Houfe, both in the Manner of obtaining this Vote, An. 24 Car. i«
it being parted in a thin Houfe, before we were ^ f
well come together ; and alfo in the Nature of it, oftober.
which muft needs diftnrb the Treaty, and bring a
Scandal upon us in the Opinion of the People, as
if we deiired no good Succefs of it, when we thus
endeavoured to hinder its Progrefs.'
To this it was replied, ' That they had no In-
tent, in adjourning, to hinder the Progrefs of the
Treaty, but only to fatisfy the Defire of Mr.
Speaker, who had Occafion to take Phyfic ; and
God forbid but the Houfe fliould yield to his Re-
queft upon fofieceiTary an Occafion.'
The Speaker, now finding the whole Blame of
this Adjournment like to fall upon hitpfelf, deter-
mined to make a handfome Retreat ; and thereupon
flood up and faid, ' That, perceiving there were
many Jealoiifies raifed about his Defire of adjourn-
ing the Houfe only for his Health's Sake, rather
than give Offence he was com en t to run the Ha- '
zard of his Life, and fpend it in the Service of „
i n i f > TT • i T>L i But revoke that
the Public. — Hereupon it was agreed, That the Refolution by
Refolution of Adjournment pafs'd in the Morning, Defire of the
be revoked. Lords-
It may be remembered that, under the Proceed- Account of Ge-
ingsofthis Month, we gave the Copy of a Letter neraicromwell's
from Lieutenant-General Cromwell to the Speaker ?f.ccPtlo?at '
of the Houfe of Commons, dated Berwick, Ofl. 2,
fignifying, inter alia, That having fome Things
to deiirs of the Committee of Eftates of Scotland,
he intended to fet out that Day for Edinburgh.
This he did accordingly in great Pomp, attended
by the Lord Elchoe, Lodowick Lejley^ the. late Go-
vernor of Berwick, and three Regiments of Horfe
of his own Army. About three Miles before he
reached that City he was met by the Earl of Leven,
the Lord Kirkcudbright, and Major-General Hoi"
borne, who conducted him to the Earl of Murray's
Houie in the Canongate, which was provided tor
his Reception, where he had a Guard of Soldiers
E 3 placed
jo *Fbe Parliamentary HISTORY
An. 23 Car. I. placed at the Gate Night and Day. He arrived
*- l6!,4-.-^> *here on thc 4th' upon Notice wnere°f the Lord-
QftobeJ. Chancellor Loudon, the Marquis of Argyle^ the
Earl of Lfveat the Earl of Cajfils, Lord Burle^
Lord frari/lont and many other Perfons of Quality,
came to compliment him. The next Day a De-
putation being fent to him from the Committee of
Eftates, to know what he had to communicate, he
delivered to them the following Paper :
Right Honour able ^ Off. 5, 1648.
APaperpre- < ir Shau be eyer read tf) bear Witnefs of your
fented by him /-IT in • r« i /• i TV- i i
to the Commit- Lordihips I1 orwardnefs to ao Right to the
tec of Eftates j ' Kingdom of England, in reftorina; the Garrifons
* of Berwick and Carlijle ; and having received fa
' good a Pledge of your Refolutions to maintain
' Amity and a good Underftanding between the
* Kingdoms of England and Scotland^ it makes me
* not to doubt but that your Lordfhips will fur-
4 ther grant what, in Juftice an3 Reaibn, may be
' demanded.
* I can affure your Lordfhips that the Kingdom
8 of England did forefee that wfcked Deiign of the
1 Malignahts in Scotland, to break all Engagements
* of Faith and Honefty between the Nations, and
6 to take from the Kingdom of England the Towns
* of Berwidi' and Carlijle ; and altho' they could
.' have prevented the Lofs of thcfe confiderable
* Towns, without Breach of the Treaty, by lay-
* ing Forces clofe unto them ; yet fuch was the
* Tendernefs of the Parliament of England not to
* give the leaft Sufpicion of a Breach with the
6 Kingdom of Scotland, that they did forbear to
* do any Thing therein. It is not unknown to
' your Lordfhips, when the Malignants had got-
' ten the Power and poflefied themfelves of thefc
' Towns, how they protected and employed our
6 ErgliJJ} Malignants, tho', demanded by our Par-
4 liament; and with what Violence and unheard-
* of Cruelties they raifed an Army, began a War,
* and invaded the Kingdom of England ; and en-
' deavoureJj
cf ENGLAND. 71
* deavoured, to the utmoft of their Power, to en- An< 23 Car-
* ga^e both Kingdoms in a perpetual Quarrel ; v '- 7'
* and what Biood they have fpilt in our Kingdom, odtober,
* and what great Lofs and Prejudice was brought
' upon our Nation, even to the endangering the
' total Ruin thereof: And although God did, by a
' moft mighty and ftrong Hand, and that in a won-
' derful Manner, deftroy their Defigns, yet it is
f clearly apparent that the fame ill affe&ed Spirit
* ftills remains; and that there are divers Perfons
f of great Quality and Power, who were either
* the Contrivers, Actors, or Abettors of the late
* unjuft War made upon the Kingdom of England ;
' who now, in Scotland, undoubtedly do wait for all
* Advantages and Opportunities to raife Difiention
' and Divifion between the Nations.
' Now, forafmuch as I am commanded to pro-
* fecute the remaining Part of the Army that in-
1 vaded the Kingdom of England, wherefoever it
c (hould go, to prevent the like Miferies ; and con-
4 fidering that divers of that Army are retired into
* Scotland, and that fome of the Heads of thpfe
* Malignants are raifmg new Forces in Scotland
' to carry on the fame D.efign, and that they will
' certainly be ready to do the like upon all Occa-
* (ions of Advantage : \w\ forafmuch as the King-
* dom of England, hath lately received £3 great Da-
« mage by the Failing of the Kingdom of Scotland,
i in not fuppref&ng Malignants and Incendiaries as
^ they ought to have done ; and by fufFering fuch
* Perfons to be put into Places of Truft in the
^ Kingdom, who, by their Intereft in the Parlia-
*. ment and Countries, brought the Kingdom of
* Scotland, fo fcir as they could, by an unjuft En-
* gagement, to invade and make War upon their
* Brethren of England: My Lords, I hold myfelf
« obliged, in Profecution of my Duty and Inftruc-
f tions, to dc-mund that your Lprdfhips will give
* Aifarance, in the Name of the Kingdom of
* Scotland, that you will not admit or fuffer any
5 who have been active in, or conferring to, the
E - * /"aid
164.3.
— v
Odober.
72 The Parliamentary HISTORY
An. 34 Car. T. e faid Engagement againft England^ or have lately
' been in Arms, at Stirling or elfewhere, in the
' Maintenance of that Engagement, to be employ-
* ed in any public Place or Truft whatfoever; that
* thereby they may be difabled from renewing or
' reinforcing their former Engagement. And this
' is the leaft Security Lean demand.
' My Lords, I have received an Order from
* both Houfes of the Parliament of England, which
' I hold fit to communicate to your Lcrdfhips,
' whereby you will underftand the Readinefs of
* the Kingdom of England to aflift you who were
' Diflenters from the Invafion : And I doubt not but
4 your Lordfhips will be as ready to give fuch fur-
' ther Satisfaction, as they in their Wifdoms fhall
e find Caufe to defire.'
O. CROMWELL.
In Return to this Paper the fame Deputation
brought back the following Anfwer :
For the Han, Lieutenant-General CROMWELL.
' SIR, Oa. 6. 1648.
Jaeir Anfwer.
« T T Aving confidered your Letter, of the 5th
' £ J. Inftant, we return you this Anfwer ; That
* as we did diffent from, and proteft againft, the
'taking of the Towns of Berwick and CflrliJIe,
*. and likewife againft the late Engagement, againft
' England', and as we did rife in Arms againft the
* Contrivers and Abetters of that Engagement, and
* have been forward in ufmg our beft Endeavours
' for reftoring your Garrifons ; fo, before the Re-
' ceipt of yours, we had pafled feme Acls upon
* the 22d of September laft, and the 4111 of this
* Month ; and had refolved to put fortii a Bec'la-
' ration to the Kingdom, which we do iikcwife
* communicate unto you, by which you will per-
* ceive that it hath been our earneft Care, and real
' Endeavour, to do the fame Things which you
* demand in your Letter.
' In the large Treaty betwixt the Kingdoms,
< Anno 1641, "we did defire that honeft'Men of
•" * - '•• ' known
of ENGLAND.
* known Integrity and Ability might be employed
* in the Places of greateft Truft and Power within ^
4 this Kingdom ; and fad Experience hath taught
4 us that no Bonds nor Ties between the King-
* doms, even the ftriilteft of Covenants or Treaties,
* can reftrain Men of corrupt Minds and Judg-
* ments ; but that, whenever they find an Oppof-
4 tunity, they will be ready to purfue their own linds
1 and Defigns, to the Hazard of the Peace, and
* breaking the Union between the Kingdoms.
* In the Year 1643, when fome Members of
4 both Houfes, aflembled at Oxford, had voted both
4 Kingdoms Traitors, we did defire from the Ho-
4 nourable Houfes, and it was granted, and mu-
' tually agreed upon in the Proportions of both
4 Kingdoms, presented to the King's Majefty at
* Oxford, That the Members of either Houfe of
* Parliament, who had not only defertcd the Par-
4 liair.'ent, but alfo voted both Kingdoms Traitors,
* fhould be removed from his Majefty's Councils,
' and be reftrained from coming within the Verge
* of the Court ; and that they fhould not, without
* the Advice and Confent of both Kingdoms, bear
* any Office, or have any Employment, concerning
* the State or Commonwealth ; and we cannot denjr
* but your Demand of Aflurance from this King-
* dom is reafonable, that thofe who have been ac-
4 tive in, or confenting to, the late unlawful En-
* gagement againft England, be not employed in
* any public Place or Truft whatfoever ; wherefore
' we do accept of this your Deftre as a real Tefti-
4 mony of your Refpecl to this Kingdom, and of
4 your Intentions to preferve the Uriion betwixt the
* Kingdoms : And we do hereby engage ourfelves,
4 in the Name of the Kingdom of Scotland, to erri-
* ploy our utmoft Endeavours that none who have
4 been a&ive in, or confenting to, the faid Engage-
4 ment againft England, or have lately been in Arms,
4 at Stirling or elfewhere, in Maintenance or Pur-
' fuance of that Engagement, be employed in any
* public Place or Truft whatfoever, without the
' * Advice and Confent of the Kingdom of England \
* that
The Parliamentary HISTORY
c that thereby they may be difabled from renewing
' or reinforcing their former Engagement, or in-
oaober. * fringing the Union and Peace between the King-
c doms. And as the Kingdom of England is now
' careful to have this Aflurance from this Kingdom,
' fo we do not doubt but the Honourable Houfes
' of Parliament, according to their Offers of Aflift-
* ance at this Time, will be ready to aflift us upon
' all other Occafions hereafter, to make good this
' our Undertaking.
* And if it fhall pleafe God to blefs thefe cove-
f nanted Kingdoms with a fettled Peace, we truft
' that, in any Agreement that fhall be made with
* his Majefty, the Kingdom of England will be
' careful that this may be regarded as a neceffary
* Condition of Peace ; and to the end any Peace,
' which fhall be agreed upon, may be the more
' durable, we do alfo earneftly defire that thofe
* who fhall be employ 'd in public Place or Truft in
' England, may be fuch as love to preferve Union
* and Amity betwixt the Nations.
e We do hold ourfelves very much obliged to
c the Honourable Houfes of Parliament for their
* kind Offers of Afliftance, expreffed in their Votes
* of the 28th of September laft ; and fhall commu-
' nicate Counfels with you concerning the fame,
* that their affording Afliftance to this Kingdom
* may be fo ordered as may be moft ufeful to us,
« and leaft prejudicial to the Affairs of England:
' And you may reft very well allured, that we fhalL
* always be ready to give Satisfaction to the Ho-
* nourable Houfes, in every Thing which maycon~
« duce to the ftrengthening of the Union, and fet-
* tling the Peace oAhefe diftra&ed Kingdoms j and
* to give real Evidence that we are
Tvur affettionate Friends and Servants^
Signed in the Name and by
the Warrant of the Com-
,- mittee of Ejiates, by LOUDON, Ctnc\
JPuring
ff
gf ENGLAND. 75
Daring Cromwell's Stay at Edinburgh, feveral An- *} car. j,
Commififoners from the Kirk, the Lord Provo.l, ^ _^
the Magiftrates, and principal Citizens, came -to October,
vifi: him. By Order of the Committee of Eftatcs,
the Charges of him and all hjs Attendants were
cL-fray'd by the City ; they were alfo entertained
by the Marquis of Arg-jlc and the Earl of Leven, at
aVumptuous Banquet at the Caftle ; and, at their
going away, they were faluted by the Cattle Guns
and Volites of fmall Arms. Several Lords alfo
convoyed them out of the City, on their Way back
to Carirjle.
On the gth Cromiuell wrote a Letter from Dal-
"houfey, which was this Day, Oft. 17, read in the
Houfe of Commons, inclofing the two foregoing
Papers that patted between the Committee of
Eftates and himfelf, and alfo a Declaration con-
cerning their Proceedings in Oppofition to the-late
unlawful Engagement againft England (d). The The Common^
Commons hereupon pafs'd a Vote in Approbationfafs a Vote of
of General CromwiWs Conduftj ordered theThanks ^
of that Houfe to be returned him, as a Tefrimony
of his good Services ; and appointed a Committee
to prepare a Letter for that Purpofe, to be fjgn'd by
their Speaker. But none of t^fe Refolutioas w.ere
fent to the Lords for their Concurrence.
Oft. 1 8. Mr. Serjeant Wylde reminded the Houfe Debate on the
of Commons, That, on Friday l*ft, AeyMwing^g^*
rejected the Petition of Abraham Dowcet for Bail,
upon many weighty Reafons ; as that, by confpi-
ring with OJborne againft that gallant Gentleman
Major Ralph, he had not only wrong'd him, but
endeavoured to take away the Honour and the
Lives
(d) All thefe were ordered by the Iloufc of Commons to be print-
ed, but th.it Edition is not in our Collection of Pamphlets. The
Copies we l.ave givsn of the Paper delivered by Cromwell to the
Committee of Eftates, and their Anfwer, are taken from a Journal of
the Times, intituled, The Moderate Intelligencer, printed for R. Ley-
to-jrn, and lirenfecl by Gilbert Mabbot. Several Extr.idls o.f Letters and
Intelligence in Air. Rujtsivurtl^s Collcftions are copied from this
Journal, •
76 *Tt>e Parliamentary HISTORY
. 24 Car. .1 Lives of many faithful Perfons, and brought great
l648' t Scandal upon the Houfes and the Army ; and there-
October, upon ordered a Charge to be brought in againft the
faid Dowcet this Day : He had, in Obedience there-
to, prepaired a Charge accordingly, and defired it
might be put in a Way fo as to bring him to a
ipeedy Trial.
To this it was anfwered, * That the Inftant of
a Treaty was no good Time for letting of Blood,
it being a Way rather to exafperate than compofe
Differences ; and fuch as would caufe the World
to imagine, which they were apt enough to do al-
ready, that the Intentions of the Houfe were not
for Peace : That if Dowcet had offended, by being
a W^tnefs againft Major Ralph, the Matter con-
cerned not the public Confideration of the Houfe,
but related only to Rolph as a private Perfon ; and
for private Injuries the Law is open : That the
Crime alfo, if any, was bailable by Law ; and
therefore they mov'd that Dewcet might be bailed,
and Rolpb left to feek his Remedy by the ordinary
Courfe of Law.'
This "was oppofed by the Independent Party,
•who preficd hard for reading the Charge; alledg-
ing, ' That Dowcet ought to be brought to exem-
plary Punifhment, as. one that had confpired againft
the Houfe and the Army, by raifmg a Scandal up-
on them ; and thereby had endeavoured, as much
as in him lay, to expofe them to the Hatred and
Fury of the People: Alfo, That both he and Of-
lorne ought to be proceeded againft as Incendiaries,
having fet abroach this Accufation, on Purpofe to
incite the Kingdom of Scotland to the late Invafion
againft England ; as appears by their Declaration (*),
published upon their coming into this Kingdom.*
To this it was replied, ' That neither OJborne
nor Dowcet had charged any Thing on the Houfe,
or any parti- ular Man in it ; and therefore they
could not be faid to have confpired againft the
Houfe, by accuung Rolpb ; nor had any particu-
lar
(t) la our Seventeenth Volume, p. 314..
^ENGLAND. 77
lar Members Reafon to think themfelves prejudiced An 44. car. I.
thereby, fmce they were not named, nor any Mtm- l(>43-
ber of the Army, and none but Ralph was accufed : O6tober.
And whereas it wa^ faid, This Accufadon was a
Means to incite the Kingdom of Scotland to their
late Invafion, it was well known that Engagement
was on Foot long before ; and therefore this Accu-
fation of Major Rolpb could not exafperate them,
but by Accident : Befides, it was a Bufinefs hinted
only in the Scots Declaration, and not fet down as
a moving Caufe of that Engagement.'
The Refult of this Debate was, That the Charge
againft Mr. Doivcet was laid afide, but he ftill con-
tinued in Cuitody of the Serjeant at Arms.
The fame Day, Off. 18, a Letter from the A Letterfrom
Lord Fairfax^ dated St. AlbarCs Off. 16, was read t0rd Fairfax,
in the Houfe of Commons, fetting forth the pre- concerning his
fent State of the Army, and that many Petitions Atmy*
were in Agitation amongft the Soldiery, to be pre-
fented to him ; reciting the great Hardfhips they
had fuffered this Summer in defeating the Parlia-
ment's Enemies, and that tho' they were inform'd
that the Afleflments for the Support of the Army
were generally well paid, yet they had received
very little ; and therefore defiring that the Army
might be divided among the feveral Counties pro-
portionable to the Share of Taxes they ftand re-
fpecltvely charg'd with, and "that fpeedy Care be
taken for Payment of their Arrears.
Hereupon the Commons ordered, That all Ar-
rears of AfT-fTments for the Army be brought in by
the firft of November next.
Among the feveral Petitions prefented at this
Time to the Lord Fairfax, that from Commiflary-
General Ireton's Regiment, fuppofed to be of his Regiment to hit
own penning, was the moft remarkable: Thev V°Idfhip for -
i « >i t -r*L T n- i i * Tufti.e ;. Jon tht
complain d, * That Juftice hath not been executed King and hit
upon the prime Abetters of the late War ; and Adherents,
therefore fufpect there is a Party in the Parliament
abetting and correfponding with, if not guilty of, the
fame Defigns; That the King is guilty of all the
Blood
7$ 4" he Parliamentary HISTORY
An. 14 Car. I. Blood fhet] . anc] fof this they urg'd his own Cori-
Vt i-^' j fcflion, as they call'd it, in his late agreeing to the
©dober. Preamble of the Houfes firft Proportion ; and that
there is yet a prevalent Party of his own Creatures,
who in Parliament and elfewhere, a6t his Defigns,
and endeavour to reinthronehim ; and are, as they
conceive, the Authors of the prefent Diftradions :
That by the aforefaid Party, Free Quarter is con-
tinued upon the People.'
After thefe Complaints, they come on with di-
vers Defires unto his Excellency, the Performance
whereof they require him to endeavour :
1. ' That Juftice may be executed fpeedily up-
on the Contrivers and Encouragers of the late
War.
2. ' That Juftice may be done impartially upon
all criminal Perfons, efpecially upon fuch as have
or fhall endeavour to obftrudt the Courfe thereof}
or have betrayed their Truft, or been Authors of
fhedding that innocent Blood, which calls to Hea-
ven for Vengeance.
3. * That the fame Fault may have the fame
Punifhment in the Perfon of a King or Lord $ as in
the Perfon of the pooreft Commoner.
4. ' That all fuch may be proceeded againft ad
Traitors, who acT: cr fpeak in the King's Behalf,
till he fhall be acquitted of the Guilt of Innocent
Blood.
5. * That the Army may fpeedily have their
Pay, or a prefent Courfe be taken againft thofe
who with-hold it.
6. ' That their Arrears being paid, and Free
Quarter for ever avoided, the Money may return
from the Soldier to the Country Man again,'
And, laftly, they clofe up their Delires with a-
Declaration, ' That they fhall constantly endea-
vour to defend Magiftracy and Property, with their
Lives and Fortunes.'
Mr. Whitlocke (f) ft vies this a fubtle Petition, and
fays it was the Beginning of the Dcfign againft the
King's Perfon, tho' not difcerned till afterwards.
Off,
(f) Memsirah, p. 338,
of fe N G L A N D.
Otf. 19. The Treaty ftill going on, more Ac-
counts of the Proceedings of it, from the Com-
miflloners, were this Day read.
For the Right Honourable the Earl of MANCHESTER,
Speaker of the Houfe of PEERS pro Tempore, at
Weftminfter,
My Lord, Newport, Oft; 17, 1648.
I N C E our laft of the i4th Inftant we recei- Another Letter
ved your Lortlfhip's, with the Refolutions of from the Com-
« the two Houfes upon the Propofition for the ffff%j£*
* Church, of the nth, wherewith we acquainted inci0fing the'
« his Majefty Yefterday Morning j and we (hall King's Anfwer
« purfue our Direftions therein according to the *^J^, hi3
' Commands of both Houfes. Majefty's own
' We herewith preferrt your Lordfhip with an Proportions to
* Account cf our Proceedings concerning Delin- the Parhameatt
* quents, and likewife his Majefty's Propofitions
* to the two Houfes which we received from him
' this Morning ; the Copies of all which we fend
' you here inelofed.
' We have, in purfuance of the Directions from
4 both Houfes, fignified to us by your Lordfhip's
« laft Letter, as foon as we concluded upon the
* Propofition your Letter found us in, put in a Pa-
' per to prefs the King to a full Anfwer to the Pro-
' pofition concerning the Church, of which we fend
' your Lordmip a Copy inelofed ; and have this
* Night put in another Paper, expreffing the Par-
' ticulars wherein the King's Anfwer falls fhort of
6 the Defires of both . Houfes in that Propofition ;
« and (hall proceed in the Treaty vrpon the reft of
* the Propofitions according to our Inftruclions.'
[Signd by the Lvrds Commijfioners.]
COMMISSIONERS PAPER making known to the KINO
the Votes of both Houfes concerning the Church.
Newport, Ott; 1 6, 1648.
* \\J E have tranfmitted to the Houfes your
' W Majefty's Anfwer to the Propofition con-
* cerning the Church, dated the ninth of Ofto-
8o The Parltatttenfarf HISTORY
2ar'1' ' ^er l6^' and are b7 them commanded to ac-
' quaint your Majefly with the Votes and Refolu-
* tions thereupon, which are as follow, :
j.vc That this Anfvver of the King's to thePro-
pofition prefented by the Com'mifiicners to him,
concerning the Church, is hot fatisfa&ory.
2. c That after the Commifiioners fhall have con-
cluded upon the Prqpofition that this flia'l find them
in, that then they do prefs the King to a full Anfwer
to the Propofition prefented by them to him con-
cerning the Church ; and that they do proceed in
the Treaty upon the reft of the Proportions, ac-
cording to their former Inftrudions.*
[Sign'd by all the Commijponers.]
The KING'S FINAL ANSWER to the PROPOSITION
concerning Delinquents.
CHARLES R. Oftober 17, 1648.
1C* O R a final Anfwer to you as to your Propof:-
_ tton of the I yh of this Injlant, concerning De-
linquent'j, &c. his Majefly will confent^ That all
Perfons who have had any Hand in the •plotting, de-
fign'wg, or ajjijlmg the Rebellion in Ireland, /hall ex-
pcfl no Pardont as is exprejfed in the firjl Branch cf
this Propofition.
As to all the reft of thefdid Proportion, his Majefly
cannot consent thereunto as it is propojedy otherwije
than as is hereafter sxpreffed^ viz.
As for all other Perfons comprifed in the f aid firjl
"Branch^ his Majejly^ for Satisfaction of his tws
flonfes^ will give way that they may moderately com-
pound for their fejiates ; and defires they may be ad-
mitted to the fame. And for removing Diflrufts and
Interruptions of the public Settlement, his Majejly
will prefent asfciioweth :
That fuch of them as the Houfes of Parliament
will infl/i on-, Jhall not be admitted to his Councils^
and be rejlruined from coming to the Court at fuch
Diftance as the two Hcufes of Parliament Jhall
think fit ; and Jball net h.'ive any Office or Employ-
ment in the Stiite or Commonwealth ^ without the
Can-
^ENGLAND. 81
Confent of both Houfes of Parliament ; or Jhall abfent An. 24 Car, j.
themfclves out of the Kingdom for fame Time, if both l64g-
Houfes of Parliament Jhall fe think fit. odober
That all other Perjons, comprlfed in this Propofition,
Jkall fubmit to moderate Compaction ; and-, for the Space
ef three Tears, fiall not Jit or ferve as Members or
./fjfiftants in either Honfs of Parliament, without Con-
fent of both Houfes of Parliament,
His MAJESTY'S PROPOSITIONS delivered in to the
COMMISSIONERS, together with the precedent
Anfwer, the jyth of Ottober, 1648.
I. CJ^HAT his Majejly may be fettled in a Condition
•*• of Honour ', freedom, ar.d Safety, and have the
Faith of his tivo Houfes for the fame.
II. "That his Majejly may be rejlored to the Paf-
f-'ffion of his Lands and Revenues.
III. That he may have Compcnfation for thofe Re-
venues and Profits which his Majejly, for the Satif-
faftion of his two Houfes in this Treaty, hath or Jhall
confent to part withal.
IV. That an A Si of Oblivion and Indemnity may be
pajjed, to extend to all Perfons for all Matters, with
fuch Limitations and Provijions as Jiiall be agretd
between bis Majejly and his two Houfes.
The COMMISSIONERS PAPERS prejjing the KIN o for
a fuller ANSWER concerning the CHURCH.
Newport, Ocl. 1 6, 1648.
* ^TTHereas we have delivered a Paper to your
4 VV Majefty of the 25th of September laft,
' containing our Demands concerning th? Church,
' and received your Majefty 's Anfwer thereto the
' 30th of September \ wherein we obferved many
* Alterations, Omiffions, and fome Denials ; and
4 therefore, by our Paper of the fame 3oth of &•/>-
* tcmber, did humbly defire your full Anfwer: And
' having received your M.ijefty's final Anfwer to
4 us concerning that Propcfition, we did tranfmit it
4 to both Fioufc<, whofc Votes and Refolutions
VUL. XVIH. F * there-
82 The Parliamentary HISTORY
An. 24 Car. I.« thereupon we made known to your Maiefty in
v ]D^3' j 'our P^per given in Yefterday : In puifuance
October. * thereof, we do again humbly ciefire your JVIa-
4 jefty's full Anfwer to the Propofkion coucerning
4 the Church.' r0. j / / /•> -/r ->
[Signed by the Co?nnnjjioners.\
The Lords p,ut ofF the Confidcration of thcfe
Papers for two Days. But,
The fame Day, Oft. 19, upon their being read
Motion for a in the Houfe of Commons, a Motion was mrde
vv,e' °t0 he °re ^or ta^''ng them into imrrediate Conf-oV-a i n.
fenced 'to°Genefal Hereupon Sir H^nry Mildmay flood up and laid,.
Cromwel;. ' Tiiere were other Matters of far more Conce-n-
mcnt to be confidered : as the Nereffity and Merits
of the Soldiery, but cfpecially of Lieutenant-Ge-
"neral Cromwell, whofe eminent and unparal'cl'd
Services the Houfe had not yet fo far taken Notice
of, as to make him any Return of fpecial Acknow-
ledgment for them ; and therefore he moved, That
-the Houfe would order the making of a Jewel of
800 /. Price, to be fent to him, to remain as a
Teftimony of their Gratitude for his fa .:ous At-
chievernents.' To this unexpected Motion it was
anfwered, 4 That though the Lieucenant-Gencral's
Merits were great, yet the Soldiers Necfeflities were
much greater ; efpecially the poor Refcrmadoes,
who had formerly done great Services, and were
many of them ready to ftarve ; therefore it was
defirod- if the State was in a Condition to part
v/' i M ney, the Reformadoes mig-t not be for-
gotten, but that the~Houfe would be plta^bd either
to debate the Kind's Answer and Propof.tir.n, or
proceed upon the Drdinanyi e for the Re-li f of hofe
redxiced Officers.' Hereupon it was carried foi the
latter^ and the BuAnrfs of the Jewel \w^ !ai i afide.
But the 'r; .-ei! that neiihtT ^nfbyi^ nor
pu.'.ic Fail D-ws, f 'sou Id be reckor>ed iit the Num-
ber of the forty Dr^ s Allotted for the T.
O-7. 20. Thi : D.iy a Letter from Scotland was
read, directed as follows : .
For
of E N G L A N D.
Far tlie Right Hon.. the Earl ^/"MANCHESTER, °*
Speaker of the Ho life of PEERS of the Parliament
*/ England.
Edinburgh, Oft. 1 1, 1648.
Honourable )
c 1\7 HEN we look upon the prefent Condition LfetterfromtU
4 VV of the Affairs of thefe Kingdoms, in re- J2^jjj°i.
4 lation to the Multitude of &<?fr Prilbners lately f,rirg Leave to
6 taken by the Forces under the Command of tran'port aooo
4 Lieutenant-Genera] Cromwell; and have ferioufiy b
4 confidcrcd what mia;ht prove the moft fafe and
4 moft advantageous Way to both Kingdoms to
4 difpofe of the Common Soldiers, fo as neither the
4 Charge of their Entertainment may be longer
* continued upon you, nor the Secusing of the
' Public Peace further endangered by them ; it is
* our Judgment that fome confiderable Number of
* them be fent to foreign Services, under the Con-
4 duel of fuch Perfons as 'merit Coaftdence to be
' repofed in, and Rewards of that Kind conferred
4 upon them ; and for this EfFe6l we have thought
' fit earneftly to follicit in behalf of this Honourable
* Gentleman, Col. Robert Montgomery f/J, (whofe
' conftant, faithful, and great Services performed
' for the Safety and Union of thefe Kingdoms de-
4 ferve, by all good Men, highly to be efteemed
' and rewarded) that the Number of 2000, or up-
* wards, may be granted to him, with Liberty to
* tranfpon them beyond the Seas ; for which Em-
' ployment, as it will no ways tend to the Prejudice
* of the Crown of England, we will reft confident
4 that no Man (lull be n/eferred in a Suit of this
4 Nature to the Gentleman here recommended, we
4 having found fuch Acceptance granted to our for-
4 mer Dcfires of this Sort, that we hold ourfelves
4 ever obliged to be
Tour Lardjhips very humble Servants^
LOUDON.
A R G Y L E.
F 2 ' This
(I) Son of the Ewl of Eglirgton.
8 4 *fhe Parliamentary HISTORY
An. 24 Car. I. This Letter being alfo communicated to the
t 10*S> _j Commons, both Houfes gave their Confent to the
Oftcber. Dcfires thereof, upon Colonel Montgomery's giving
Security that the Scots Prifoners fhould not be
traniported to any Place where they might be of
Prejudice to the Kingdom of England.
The fame Day a Letter was read in the Houfe
of Commons from Lieutenant-General Cromwell^
at Carlifle, dated the I4th of this Month, advifing
that the Scots had delivered up that City and the
Citadel thereof, into his Hands, for the Ufe of the
Parliament : Hereupon the Houfe ordered a Gra-
tuity of ioo/. to Captain Woolf for bringing the
News,
After this they took into Confideration the Pa-
pers laft fent from the Commiffioners in the IJle of
- Wight ; when a Motion was made for a further
Addition to the 40 Days allotted for the Treaty,
in regard fo much Time had been fpent in tedious,
though neccfTary, Debates and Tranfa£tions. This
was warmly oppofed by the Independents ; who
faid, c That on Thurfday laft the Houfe had yield-
ed that the Lord's Days and Fad Days fhould not
be reckoned into the Number, whereby the Treaty
was now lengthened a Week longer than was ex-
pedled ; and, if that would not fuffice, they dcfired
. . the Vote which granted it might be recalled.' This
was further urged by Mr. Weaver, who faid, c He
faw no Reafon but it might be recalled, as well
as the Tuefday's Vote for an Adjournment ; becaufe^
faid he, the King; need not fpend much more Time
about our Proportions, having as good as told us,
twice, what we fhould expect from him, in Pro-
pofitions of his own. Befides, the Time of the
Treaty being limited, the Houfe fhould not, but
upon weighty Confidcrations, continue it longer.'
To this it was replied, * That the Time was not
fo limited, but the Hcufe might continue it at
Plsafure; and for this there could be no Confide-
ration more weighty than that the Peace of the
Kingdom depended thereupon, which could not
be
^ENGLAND. 85
be fettled in fo fmall a Time after fo great a Rupture. An. 2 4 Car. j.
Befides, the not reckoning of Sundays and Faft t J( ] ;
Days, was no more than what was allowed of at October.
the Treaty of Uxbridge.* — So, with much ado, the
Vote of the Day before, for not reckoning of Faft
Days and Sundays, flood unrepeal'd ; and Colonel
Harvey was ordered to carry it up to the Lords for
their Concurrence, which they gave accordingly.
This Vote was afterwards fent in a Letter, figned |^h W™J™ "'
by the two Speakers, to the Commiffioners, who sundm'aiid*
were ordered to communicate it to the King. Faft Days out of
Next the Commons debated his Maiefty's An- thf J'im* allot'
f 1 T> T • • TA 1 • ted f°r the
iwer to the rropomion concerning Delinquents, Treaty,
againft which the Independents argued, That thefe
Delinquents had occafioned a World of Bloodfhed,
which would be required fomewhere j and fo, of
Neceflity upon the Houfe, if they did not remove
it by Execution of Jufticej and therefore they
moved, That feven of thofe engaged in the firft
War, and feven more in the lair, meaning the In-
rafion under Duke Hamilton, (hould be made Ex-
amples. And then they fell to naming particular Dcbafer on 'Jj6
r> f T , «v 7- TV /i if i -r- i r Propofition tor
rerions, as Judge Jenkins, Bilhop Wren^ the Earl of Delinquents.
Holland, Lord Goring, and Duke Hamilton ; and
would have proceeded with more, but that they were
interrupted by a Member, who defired them to call
to Mind, That at firft they voted 27 to be excepted
from Pardon ; but fince that Time it had been, and
then was, the Refolution of the Houfe, to pro-
ceed only againft feven of the old Delinquents ;
and if they meant to have added fcveti more of the
new, they ought to have done it before they fent
their Propofitions, the laft Infurre&ions being on
Foot long before the i8th of September, which w;;s
the Time when the Propofitions went to his Ma-
jefty j that now it was too late to make any new
Exceptions, and dishonourable for the Houfe fo to
do, they having concluded themfelves in the Pro-
pofitions already fent.'
Then the Queftion being put, That the Perfons
exprcflcd and contained in that Part of the fiift
F 3 Brangi)
'Parliamentary HISTORY
Branch of the Propofition concerning Delinquents,
to which the King has not declared his Confent,
October, be proceeded with, and their Eftates difpofed of,
as both Houfes of Parliament (hall think fit or ap-
point ; and that their Perfons {hall not be capable
of Pardon by his Majefty, without Confent of
both Houfes of Parliament; the Houfe declaring
that they will not proceed as to the taking away
the Life of any of them to above the Number of
feven Perfons, it pafs'd in the Affirmative, by 98
Voices againft 63. This Refolution was ordered
« to be fent to the Lords for their Concurrence, and
the further Confideration of the Propofition con-
cerning Delinquents was put off to another
Time.
Off- 21. The Lords adjourned themfelves into
a Committee, to take into Confideration the Pa-
pers, prcfcnted to them on the igth, concerning
the Treaty ; and the Houfe beins; refumed, the
The Lords agree King's Propofitions were read particularly : After
to the King's which it was refolved, That his Majefty be fettled
in a Condition of Honour, Freedom, and Safety,
and have the Faith of the two Houfes for the fame :
That he be reftored to the PofTeffion of his Lands
and Revenues : That his Majefty have Ccmpen-
iation for the Revenues and Profits which, for the
Satisfaction of his two Houfes in this Treaty,
he hath or fhall confent to part withal : That
an A6t of Indemnity may be paffed, to extend
to all Perfons for all Matters ; with fuch Limita-
tions and Provifions as (hall be agreed between
his Majefty and his two Houfes : But, laftly, the
Lords declared, That thefe Votes were not to be
binding, if the Treaty {hould break off before a
Conclufion.
Debate in the Moft Part of this Day was fpent, by the Corn-
Commons con- mons |n confidcnng of Ways and Means for pre-
cerning Free- . ' & , . • ' ^
(Quarter. venting the Army :> taking of i*iee-quarter. in
prder to which Mr. Scawen mov'd, That the Mem-
bers
^ENGLAND. 87
bcrs of the feveral Counties might be fent down to An. 24 Car. I*
the Places for which they iervctl, tj ; -u..er in thev ,
Arrears due to the Army : And this Motion was oaober.
warmly fupported by many others.' Hereupon forne
Members who fufpc-£ed the Drift of it to be
to procure a thin Houfe, in orct r to ferve particul ir
Purpofes, argued, That the Committees of Afleif-
ment in the feveral Counties were the fitted to ga-
ther in thofe Arrears, as having a greater Influence
upon the Country, and being better acquainted with
the proper Ways to raife Money : That the fend-
ing away fo many Members upon the Clofe of the
Treaty, might be a Means of leaving no ic in the
Houfc but thofe trut were Gainers by the War,
and who therefore would ufe all Methods to- hinder
a Peace : And that the Members were chofen to
do their Country Service in Parliament, not to
ramble about the Kingdom to extort Mon;.-y from
the People. Thefe Arguments carried fo great
Weight, that it was at laft refolved, 'only, That
the leveral Members fnould ufe their belt Endea-
vours to bring in the Arrears of the Aileffments for
the Army, to the end that Free-quarter may be
taken off. And a Committee was appointed to go
down to the Lord Fairfax, at St. Albans, to con-
fer with him and his Officers, how the Arrny r.nd
all other Forces might be reduced to the Eflablifh-
ment, and receive Satisfaction for their Arrears ;
alfo how the Country might be reimburfed for
Free-quarter, and the Army be beft quartered fur
the future.
0.57. 23. On the 6th of this Month the Com- L
mons having appointed a Committee ro wri.e '<.
Lord Fairfax, for an Explanation of his LI
\ c 4 a i n • \ t^\-
the 2gth of Augujt lait, conc>.-ni!v^ the Qi
given by him to the Lord Goring ahd Loi-I . Capci,
at the Surrender of Cokkefttr ; the Anfwei- :
was this Day read, importing, ' That the C
granted to thofe two Lords was not upon i
lation or Agreement, and therefore- could
no more Claim than common Quarter to a.
¥ 4 my
Parliamentary HISTORY
my taken in any Field-Engagement or other Ac-
tion ; and that his Meaning in that Letter did not
extend to any other than the Military Power, and
therefore thofe Lords were, notwithftanding, liable
to Trial and Judgment by the Civil ; otherwife any
treacherous Perfon, as a Spy and the like, or a De-
fcrter, might obtain Quarter from a private Sol-
dier, and fo not be further queftionable : And that
he din not urge this out of any particular Animo-
ftty to thofe Lords, nor as his own Opinion only ;
fji- that the general Senfe and Practice in all Wars,
and of both Parties in this War, gave that Deter-
mination.'
OR. 24. The Speaker of the Houfe of Lords
acquainted them, that Yefterday Sir Peter Killigrew
brought a Packet from the Commiflioners for the
Treaty with the King in the IJle of IFigbt, con-
taining the following Papers :
Tlic COMMISSIONERS PA PER exprefjing the De-
feels of the KING'S former ANSWER to the Pro-
pofition concerning the CHURCH.
Newport, Off. 17, 1648.
More Papers f \T7HEREAS we delivered in a Paper to
fromtheCom- < W your Ma]efty Yefterday, whereby we humbly
jrumoaers, rela- . • r \ iv/r • n. TM_ i_ j j i- 'j
ting to the Pro- mrormea your Majefty, I hat we had delivered
petitions for the f you a Paper of the 25th of September laft, con-
Cburchj c gaining our Demands concerning the Church,
* and received your Majefty 's Anfwer thereunto
' the 30th of September^ wherein we obferved
4 many Alterations, Omiflions, and fome Denials;
' and thereupon, by another Paper of the fame
' 3Oth of September, did humbly defire your full
£ Anfwer : And having received your Majefty's
* final Anfwer to 09 concerning that Proportion,
* we tranfmitted it to both Houfes, and th?i
' thereupon v/e miide known to your Majefty
* their Votes and Refolutions j in purfuance of
f which? we did again humbly defire your Ma-
jeflv'i
of E N G L A N D. 89
* jetty's full Anfwer to the Proportion concerning An- *4 Can j.
' the Church. . _ ' * ' >.
* We farther humbly crave Leave to obferve to oftober.
' your Majefty, the Particulars wherein your Ma-
' 'iefty's Anfwer to that Proposition concerning the
' Church, cometh {hort of the Propofition of both
' Houfes ; namely,
< Firjl) Your Majefty doth not confent to the
' Bill for the utter abolilhing and taking away of
' Archbifhops, Bifhops, &c. out of the Churches
* of England and Ireland, and Dominion of Wales.
Secondly, ' Your Majefty doth not give your Con-
4 fent, as is defired, 'That the Ordinance of Parlia-
' ment for the abolijhing of Archbi/hops and Eifl)ops
c within the Kingdom of England and Dominion of
' Wales , and for fettling their Lands and PojJ'eJJions
* upon T'ruflccs^ for the life of the Commonwealth ;'
' and the other Ordinance, intituled, An Ordinance
* of the Lords and Commons ajjembled in Parliament^
* for appointing the Sale of Bijbops Lands for the
4 Ufe of the Commonwealth^ be confirmed by A 61 of
' Parliament.
c Thirdly ' Whereas it is defired your Majefly
* will confirm, by Adi: of Parliament, the Ordinance
' for calling and fitting of the Affembly of Divines,
' delivered to your Majefty with our Paper of the
' 25th of September laft ; your Majefty thereunto
* faith, That you will) by Aff of Parliament, con-
* firm the calling and fitting of the faid AJJembly
* from the fir/i of July, 1643; and that they Jhall
* have fitcb Powers as are mentioned in the faid
£ Ordinance ; and that they fiall continue their Meet-
* ing and Sittingy and le dijfihcd in fuch Manner aj
' both Houfes of Parliament Jhall dirett ; which An-
* fwer is differing from the Propofition, which de-
* fires the Confirmation of that Ordinance by Act
« of Parliament.
Fourthly, * Whereas we pray, That the Refor-
? mation of Religion, according to the Covenant,
* be fetticcl by Act of Parliament in Engtatuf, Ire-
' land, and ?ral(S\ in fuch Manner as both Houfes
- * have
90 The Parliamentary HISTORY
An. 24 Car. I. < have agreed, or fhall agree upon, after Confulta-
t I 48- ^ < tion had with the Aflembly of Divines, particu-
October. ' k'ty tnat ^e Direjftory be con:u-a-.ed by Act of
4 Parliament, Together with the Ordinanc s of the
* third of Jpnudrfr 1644, and the 23d or Augujl,
4 164 <;, concerning the taking a\v.. of the Book.
4 of Common-Prayer, and eft.iblifning and putting
4 the Directory in Execution :
* Your Majefry doth not fay, you will conf rm
4 thofe Ordinances, as is oefired in the Proportion,
' but your Majefty faith, That you will cor>j:- ?n the
4 pkMuk Ufe if the ri:re£iory in all Churches find
4 Qkapqts, as h dfjlred in iJ^ Proportion; and ivill
4 conjtnt to the PC pea I of fo ::i:iJ) ef nil Statutes as
' only concerns tbt Book of Common-Prayer^ and alfo
* to the taking the jame away out of all Churches
( and C'y«t>sl<, p'-wided that the Vfe thereof may be
' cor.tr> u?d in yo'ir wfatefty's Chapel for yourfelf
4 nt',-1 y >".:•• Hou/bold. By which Anfwer, your
* M^'e'ty doth n >t confirm thofe Ordinances,
* vyhich contain may effential Claufes touching
' the- Book of Common- Prayer and Directory;
' and your Majefty ftiil continueth the Ufe of the
4 C;. union Prayer-Hook in your Chapel for your-
4 felf and Eljufhold, which is not a confenting to
* the Propofition as is defired.
' And touching Reformation of Religion, your.
4 Majefty faith, That you will confent, that the,
4 Form of Church-Government, presented to your
* Majefty^ be confirmed by Act of Parliament for
' three Years ; provided only, that a (Confutation
4 in the mean Time be had with the dffimbly of Di-
4 vines, in fuch Manner, and for the Purpofes as
4 in your Majefty s Anfwer of the yth of Septem-
4 ber. are expreJJ'ed. Which Anfwer of your Ma-
4 jefty, we humbly conceive, comes far fliort of
* the Defire in the Propofition, which defires that
4 Reformation of Religion, according to the Cove-
4 nant, be lettled by A6t of Parliament in the King-
4 doms of England and Ireland, and Dominion of
4 Wales, in fuch Manner as both Houfes have a-
4 greed,
of ENGLAND.
'greed, or (hall agree upon, after Confultation
4 had with the Aflembly of Divines.
4 And whereas the Articles of Chriftian Religion,
4 prcfented to your Majefty, are deftred to be by
* your Majefty confirmed by Act of Parliament j
* your Majefty gives no Anfwer thereunto.
< And we farther humbly conceive, That your
4 Majefty hath not given Anfwer to that Part of
4 the Propcfition which defires your Majefty to
4 confirm the Ordinance for the better Obfervation
4 of the Lore's Day according as is therein defired ;
* nor to that Part of the Proportion, which defires
4 5jour Majefty to give your Royal AflVnt to the
4 Bill for the better Advancement of Preaching
* of God's Holy Word in all Parts of this King—
4 dom ; and to ihe Bill again ft enjoying Pluralities
* of Benefices by Spiritual Perfons, and Non-Refi-
4 dency, which have been formerly prefcnted to
4 your Majefty.
* And uhereas it is defired, That an Act or Acts
4 be palled in Parliament for a ftridter Courfe to be
4 taken to prevent the faying or hearing of Mais in
4 the Court, or any .other Part of this Kingdom, or
4 the Kingdom of Ir eland \ we humbly conceive
4 your Majefty doth not give Anfwer thereunto in
4 the Extent, as by the Proportion is defired, for
4 your Majefty therein exempts the Queen and her
4 Family.
4 And, Laftiy, we humbly conceive, your Ma-
4 jefty hath not at all granted the Defires of the
< two Houfes touching the Covenant; and there-
4 fore we ftiil humbly defire your Majefty 's full An-
4 fwer to the Propofition concerning the Church.'
[Sign d by all the Comnrffior^rs.}
His MAJESTY'S further and final ANSWER con-
cerning the CHURCH.
CHARLES 'R. Newport, Oct. 21, 1648.
T 7 I S Majefly conceiiics that his former
^ to your Propojitiont concerning the C-'?fircf'.'t
would have given more Satisfaction to his i-iv. i
92 The Parliamentary HISTORY
An. 24 Car. I. than is exprejjed in your Papers of the i6th and
I Jib of this In/I ant, as containing in them (if con-
fidered in their full Extent] ConceJJions of the mojt
material Things defired\ and therefore, as well for
a Declaration of his dear Intentions by thofe former
Anfwers, as for a farther and final Anfwer to the
faid Proportions and Paper of the Ijth, his Majejly
faith as follow eth :
That albeit, for the Rcafons exprejfed in his for-
mer Paper, he cannot confent to a Bill and the Or-
dinance for abolijhing Bijhops ; yet, for the Satif-
faflion of his two Houfes, and fettling the public
Peace, he will confent to a Bill for the taking away
ef all Archbijhops, Chancellors, and Commijfaries,
Deans and Sub-Deans, Deans and Chapters, Arch-
deacons, Canons, and Prebendaries ; and all Chan-
ters, Chancellors, Treasurers, Sub-Treafurers, Sue-
centers, and Sacrifts ; and all Vicars Choral, and
Choiriflers, Old Vicars and New Vicars of any Ca-
thedral or Collegiate Church ; and all other their
Under -Officers, out of the Church of England and
Dominion of Wales, and out of the Church of Ire-
land. And farther, his Majejly will confent to fuf-
pend the Exercife of all Epifcopal Government for
the Space of three Years ; and hath confented and
will confent to confirm the Form of the Church Govern-
ment, now presented to him for the faid three Years,
and that no other Jhall be ufed during that Time :
In which Time, his Majejly continueth his Defire,
That a Confultation may be had with the AJJembly
of Divines at Weftminfter, (twenty of his own No-
mination being added] to the end that his Majejly
and his two Houfes may within thofe three Years in-
form themfelves of the Praclice of the Primitive
Church in point of Epifcopacy ; and may accordingly
agree in limiting the Bijhyps to the Counfcl and Af~
ance of Prejbyters, and in the Exercife of their
rifdiftion, and Increafmg their Number if it be
thought ft.
And his $4ajejiy will confent that in cafe no Set-
tlement Jhall be agreed on within the faid three Years,
then after the faid Time the Power of Ordination
Jhall
of E N G L A N D. 93
/hall not be exercifed by the Bijhops without the An. 24 Car. I.
Counjel and AJJiftance of Prejbyters ; and that no , l * ' t
other Epifcopal jitrifdiftion Jhall be exercifed by oftober.
Bijhops but fuch, and in fuch Manner, as Jhall be
agreed on by his Majejiy and his two Houfes of Par-
liament ; and his Majejiy doth profefs, that if in
that Time he be convinced that the Function of Bi-
J})ops is net agreeable to the Word of God, or that
Chrift commanded any other Government, he will
moji chearfully embrace that, and take away Epifeo-
pacy ; but until he be fo convinced he believes him-
felf bound in Conference to uphold that FuncJion, as is
above exprejfid.
For the Ordinances for fettling the Bijhops Lands
upon TrvJIees, and for the Sale of thofe Lands, al-
though his Majejiy upon conscientious Scruples^
(wherein he hath the concurrent Opinion of the Di-
vines as well of the Reformed as other Churches)
hath not consented thereunto ; yet he hath offered Sa- .
tisfaftion to all fuch as have pur chafed any of thofa
Lands or dijburfed Money upon that Security, by
legal EJIates for Lives or Tears, not exceeding ninety
nine Tearst referving only the Property and Inheri-
tance of thofe Lands to the Church and Churchmen*
at the old Rent, or other moderate Rent, for their
Maintenance j and if that thofe Leafes Jhall not
fuffice, his Majejiy ivou'd propound and confent
to feme other Way for their farther Satisfaction :
And therefore other Satisfaction for thofe Debts and
Engagements (which were the Motives for the Sale
of thofe Lands) being propcfed, and his Majejiy
having therein condefeended as far as pojjibly he can,
he defer es his two Houfes would comply with his Majejiy
•in thofe Particulars.
His Majejiy hath offered, by Aft of Parliament,
to confirm the calling and fitting of the Ajjembly of
Divines, as largely in the Matter defered as the Or-
dinance itfelf propofed for that Purpofe. He hath
likewife offered to c infirm the public Ufe of the Di-
reftory in all Churches and Chapels, as defn cd in
your Propofetion : and to confent to the Repeal of fa
much of alll Statutes as concern the Book of Common-
94 ¥he Parliamentary HISTORY
An. 24 Car. I. Praytr, and to take the fame away out of all Churches
and Chapels, except bis Majcjfy's Chapel, where he
intends the Ufe thereof may be continued for himfelf
and his Houjhold, until another public Form of
Praytr JJiould-be agreed on by his Majejiy and kis two
JFloufes.
His Majejiy hath likewife confented to the Bill
fou fvpprejjing 'of Innovations, wherein there is full
Provision for the due Obfervation of the Lord's Day ;
and offered (if that were not Jufficient) to confent to
the Matter of the Ordinance for the Obfervation
thereof as fully as is dejired'. But for the Ordi-
nances prefsnted to his Majejiy, which concern the
AJJembly of Divines, the Directory, the taking away
the Book of Common Prayer, and the Obfervation of
the Lord's Day, many Exprcffwns therein require
neceffary Alterations, in refpeff of fame Things hap-
pened fince their firjl framing ; others reflect on for-
mer ejlablifoed Laivs, and other Matters not necef-
fary ; and therefore, tho1 he confented to the Matter
therein de fired, yet he could not confirm thofe in-
dividual Ordinances, in Terminis, as they were
•penned.
J^hereas you conceive that his Majejiy did not
give his SfJJ'ent to the Bill for the better Advancement of
the Preaching of God's Holy Word in all Parts of this
Kingdom ; his Majejly, by his former Anjwer, did fuf-
ficiently exprefs his Confent thereunto, by csnfenting to
the Bill for fupprfjj ing of Innovation! ,, (in which
that for the better Advancement of Preaching is inclu-
ded} and his Majefy doth cgc.in give his Confeni there"
unto ; as alfo to the Bill againjl enjoying Pluralities of
Benefices by Spiritual Per Jons, and Non-ReJidency,
formerly delivered to his Majejiy, as is defired '.n your
Proportions.
Touching Reformation of Religion ; whereas you
fay, That his Majcuy's Anfwer comes fur fhort of
"the Proposition, which defires that his Majefty
fhould Confent that Reformation of Religion, ac-
cording to the Covenant, be ieule J n fuch Manner
as both Houfes have agreed, or ftiaD r.gree uponr
after Confultation had with the Afl'embly of Di-
of E N G L A N D. 95
vines ; bis Ma je fly faith, That he hath anfwered all An 24 Car. I,
the Particulars which are fet down as Branches of ^ f
that general Proportion, and cannot think it will be October,
cxpettcd that he Jhould oblige himf elf generally to
ivhat his two Houfes Jhall hereafter agree touching
Matters of Religion, before he be fatisfied of the Na-
ture thereof.
His Majejly conceives that he hath given a full An-
fwer to your Proportion for an Acl or Acls to be pajfed
for aftri£ler Courfe to be taken to prevent the faying or
hearing of Mafs in the Court, or any other Part of this
Kingdom, or the Kingdom 0^' Ireland ; he having con-
fented thereunto, with Exemption only of the Queen
and her Family, few whereof are of her Profefjion^
according to the Articles of Marriage agreed on be-
twixt the two Crowns, which his Majejly conceives his
tiuo Houfes will not advife him to break ; and for re-
flrainingthe Accefs of all others but her Family ; and in
all Things elfe his Majejly confents to that Proportion
as is dejired.
Touching the Covenant, his Majejly anfwers as
formerly, That he remains yet unsatisfied to take it, or
impofe it upon others, and conceives it not proper to
be infifled upon at this Time j and that the Ends there-
of, without taking it, will be obtained by this Agreement,
If happily concluded.
For the Articles of Religion prefented to- his Ma-
jejly, which are dejired to be confirm d by Act of Par-
liament, his Majejly hath already anfwered, That
he hath not yet had Time to perufe them with that
Deliberation as is requijite before he bind up himfelf
and his Subjects in Matters of Faith and DoElrine ;
and conceives his two Hovfes will think it not improper
to refpite the Consideration of them to a farther. Time,
confedering how perilous Definitions are i;i Matters
of Religion, how long Time the Articles have been
in framing, and that fence the Beginning of • :: Treaty,
and not before, they came intircly to his Majsjtys
View.
His Majvjly having fo far confented. to thefeve-
ral Particulars of this. Proportion, that t!>e remain-
ing
96 . ne Parliamentary HISTORY
An. 24 Car. I. jng Differences are very few, doth therefore carne/l*
i < _ , ly defire bis two Houfes, that they may be no Ub*
Oftober. fade to the Settlement of the blejjed Peace now in
Hand.
Tlie PROPOSITION concerning the Nomination of
the CHIEF OFFICERS in the Kingdom of Eng-
land.
Newport, Qtt. 21, 1648.
For the Nomina^ { TTT E humbly defire your Majefty to give
tionof chief Of- 1 VV your Royal Aflent to the Proportion en-
' Lord-Treafurer, Commiflioners of the Great Seal
< or Treafury, Lord-Warden of the Cinque Ports,
' Chancellor of the Exchequer and Duchy, Secre-
' taries of State, Mafter of the Rolls, Judges of both
' Benches, and Barons of the Exchequer of the King-
« dom of England, be nominated by both Houfes of
* the Parliament of England, to continue quamdiu fe
c bene gejjerint ; and, in the Intervals of Parliament,
1 by fuch Committees of both Houfes of Parliament,
* as both Houfes of the Parliament of England fhall
£ nominate and appoint for that Purpofe, to be
* approved or difallowed by both Houfes at their
* next Sitting.'
[Subfcribtd by all the Cornmijfioners.]
CHARLES R. NewPort> Oa-
Tf 0 R a fnal Anfwer to you as to your Paper
•* of the lift Inftant concerning the Nomination of
Officers, his Majejly doth confent thereunto as is de-
Sired, fo as the Time for Nomination be limited to ten
Tears.
The PROPOSITION concerning the City of London.
Newport, Off. 21, 1648.
< TiTT £ humbly defire your Majefty to give your
t VV Confent to the Propofition following con-
« That
For the city of <
* corning the City of London :
7
^ENGLAND. §7
* That an Aft be parted for the granting and con-- An. 24. C»r
' firming of" the Charters, Cuftoms, Liberties, and t * *8>
1 Franchifes of the City of London^ notwithftanding o<fbb<Jr«
' any Nonufer^ Mifufer, or Ab.ufer.
4 And for Prevention of Inconveniences whicn
' may happen by the long Intermiffiori of Common
' Councils, it is defired, That there may be an
' Aft that all Bye-Laws and Ordinances already
* made, or hereafter to be made, by the Lord Mayor,
' Aldermen, and Commons in Common Council
* aflembled, touching the calling, continuing, di-
' refting and regulating the fame Common Coun-
' cils, (hall be as effeftual in Law, to all Intents
' and Purpofes, as if the fame were particularly1
' enafted by the Authority of Parliament j and
' that the Lord Mayor, Aldermen, and Commons,
' in Common Council, may add to, or repeal the
' faid Ordinances from Time to Time as they (hall
* fee Caufe.
' That fuch other Propofitions as {hall be made
c by the City for their farther Safety, Welfare, and
' Government, and fhall be approved of by both
* Houfes of Parliament, may be granted and con«
* firmed by Aft of Parliament.'
[Subfcribed by the CommiJJiori<rs'\i
CHARLES R. Newport, Oft. 21, 1648,
a final Anfwer to you^ as to your Pmpo/itten
concerning the City of London, bis Majefly dotb
confent thereunto as is defired.
The PROPOSITION concerning the GREAT SEAL.
Newport^ Ocl. 21, 1648.
* VI7 E humbly defire your Majefty t
* VV your Royal Affent to the Propofiti
to give For tnc Crwl
lidon en- s"1 »
' fuing,
* That all Grants, Commiflions, Prefentations,
« Writs, Procefs, Proceedings, and other Things
' parted under the Great Seal of England, in the
VOL, XVIII, G * Cuftcdy
The Parliamentary HISTORY
' Cuftody of the Lords and other Commifiionefs^
* appointed by both Houfes of Parliament for the
©Sober. ' Cuftody thereof, be, and, by A61 of Parliament
* with the Royal AfTent, (hall be declared and ena<9>
« ed to be, of full Force and Effect to all Intents and
' Purpofes, as the fame or like Grants, Commif-
' fions, Prefentations, Writs, Procefs, Proceed -
* ings, and other Things under any Great Seal
* of England^ in any Time heretofore, were or have
* been.
4 And that, for Time to come, the fafd Great
* Seal now remaining in Cuftody of the faid Com-
* miflloners, continue and be ufed for the Great
* Seal of England: And that all Grants, Com-
* millions, Prefentations, Writs, Procefs^ Proceed-
' ings, and other Things whatsoever pafled under,
' or by any Authority of, any other Great Seal fince
' the 22d of May, 1642, or hereafter to be pafled ,
' be invalid and of no Effect, to all Intents and Pur-
' pofes ; except fuch Writs, Procefs, and Commif-
' fions as being pafled under any other Great Sea],
' than the faid GreatSeal in the Cuftody of the Com-
6 miffioneiB aforefaid, on or after the faid 22d Day
' of May, and before the 28chJ)ay of November^
e 1643, were afterwards proceeded upon, returned
* into, or put into Ufe in any of the King's Courts
6 at Weftrmnfter ; and except the Grant to Mr. Ju-
* ftice Bacon to be one of the Ju.ftices of the Kings
* Bench ; and except all A6h and Proceedings by
* virtue of any Acts or Commiflions of Goal De-
* livery, Afli^e and Niji priiis, or Oyer and Term-
* ner pafled under any other Great Seal than the
* Seal aforefaid, in the Cuftody of the faid Commif-
* fioners, before the firft of Ottober^ 1642.'
[Sign'd by all the CommiJJloners.'}
CHARLES R. Newport, Oa. 21, 1648.
JN Anfwer to you, as to your Proportion concern--
ing the Great Seal, delivered in this Day, his Ma-
jefty doth canfent thereunto? as is defircd.
\
^ENGLAND. 99
The PROPOSITION concerning W A R D s and An- 24 c«r.
LIVERIES. l648'
v— ' v
Oftober.
Newport, Of?. 21, 1648.
4 TT7 E humbly defire your Majefty to 'give your. And for^the
4 VV Royal AfTent to the Propofition enfuing,
4 That an Act or Adts of Parliament be palled,
* for the taking away of the Court of Wards and
4 Liveries, and of all Wardfhips, Liveries, Primier
4 Set/ins, and Oujler les Mains, qnd of all other
4 Charges incident unto, or arifmg from, or by reafon
4 of, any Wardfhips, Liveries, Primier Scifms, or
4 Qujler les Mains ; and of all Tenures by Ho-
4 mage, Fines, Licences, Seifures, and Pardons for
4 Alienation, and of all other Charges incident or
4 belonging thereunto, or for or by reafon thereof,
4 from the 24th of February, 1645. And that all
* Tenures by Knights Service, Grand Serjeanty,
4 Petty Serjeanty, or Soccage in Capite, either of
4 his Majefty, or of any other Perfon or Perfons,
4 may be, from the Time aforefaid, turned into
4 free and common Soccage. And that the Sum of
4 50,000 /. per Annum be granted to the King by
* way of Recompence.'
[Sign'dby all the Commijfiwers.']
CHARLES R. NewPort> Oa- 2I»
R a Final Anfwer te you, as to your Propofition
concerning the Court of Wards, delivered in this
Day, his Majefly doth confent thereunto as is defired,fo
as he may have in Recompence for the fame 100,000 1.
per Annum ajfurcd unto him, his Heirs and Suc-
cffjors.
After reading all thefe Papers, the Lords took The Lor<J» name
into Confideration the Commons Vote of the 2Oth, fcven Deiin-
wherein they declared that they would not proceed, ^""^
as to the taking away of Life, to above the Number
of feven Perfons, in the firft Branch of the Propo-
fiion concerning Delinquents -t and refolvcd upon
G 2 Francis
i oo ube Parliamentary. HISTORY
An; 24 Car. I. Francis Lord Cottington, George Lord Digby, Sir
t * ^' Robert Heath, Sir Francis Doddington, Sir George
Odtober. RadcUff*, Sir Richard Grenville, and Sir Charles
Dattifon. The reft of the Perfons in the firft Ex-
ception were ordered to ftand.
aeteort
tng p'ropofi0-1"'" pofitions, with the King's Anfwers to them, being
tions, &c. being read in the Houfe of Commons, Mr. Weaver corn-
punted. plained, That they were already put into Print, and
defired that Enquiry might be made who it was that
gave Order for the printing of them j alledging what
a Diflionourand Prejudice to the Houfe it muft needs
be, to have Things difperfed abroad in Print before
they had been debated there ; faying further, That
iurely the Blame muft be laid on Sir Peter Killi-
grew, it being hardly poflible that a Copy could
be obtained fo fuddenly from any Hand but his/
Another faid, ' That this being a Way to fore-
ftal the Senfe of the Houfe in the Opinion of the
People, it ought not to be fuffercd ; and unlefs it
were prevented, Things would be fo reprefented
as if they were not Well-wifhers to the Treaty/
To this it was added by a third, ' That he could
not believe any Man in the Houfe was againft the
, ^ Treaty; and, for his Part, rather than Things
fhould not be concluded thereby, and left Want of
Time mould be objected hereafter, he would con-
fen t that forty Days longer might be added to the
Treaty/ This laft Motion being fupported by
many of the Independent Party, gave Occafion to
luipecl: that it did not proceed from any Good-
will to Peace : Whereupon a Member obferved,
4 That the happy Iffue of the Treaty did not con-
iift fo much in Length of Time, as in a Defire
to give and receive mutual Satisfaction, to and
from, his Majefty, and a reafonable Compliance
tapon moderate, juft, and equal Grounds ; alledg-
ing, That his Maiefty had condefcended very much
in the main Things, and the Houfe, as yet, in no-
thing at all to him : That his Majefty had given
Satisfaction in the Militia, and feveral other Mat-
ters
ef ENGLAND. 101
ters fufficient for their Security : That the only An. 24 OT. r
Thing he ftuck at, was the Deftruction of the ^ '^ t
Church and his Friends, and the taking of the Co- oaober.
vennnt, concerning which he had given in his fi-
nal Anfwer ; and therefore it would be in vain to
continue the Treaty any longer than the Time li-
mited, except it were defired by his Majefty him-
felf and their Commiffioners : Befides, he urged,
it would be much conducing to the obtaining a
Peace by his Treaty, if the Debate of his Maje-
fty's prefent final Anfwer concerning the Church
might be managed with Moderation :' And there-
fore he moved the Houfe might proceed upon it
prefently. But this was over-ruled : And the Re-
fult was, That a Letter of Thanks fliould be fent
from both Houfes to their Commiflioners, inclofing
the Refolution of the igth, to except Sundays and
public Fafts out of the Number of the forty Days
allotted for the Treaty : The farther Debate upon
the Propofitions was alfo put off to the 26th, and
all the Members ftri&ly enjoin'd to attend at that
Time.
Qtt. 25. No Bufinefs was done in either Houfe,
only returning Thanks to the Minifters who had
preached before them, it being the Faft Day : But,
Oft. 26. A Motion was made in the Houfe of Debate on the
Commons, For taking into Confideration the Com- Kine's Anfwer
miflioners Paper expreffing the Defefts of thertoEl'
King's former Anfwer to the Propofition cpncern-
ingthe Church, and his Majefty's further and final
Anfwer to that Propofition. In fupport of this
Motion a Member alledg'd, ' That it was high
Time to tranfmit the Senfe of the Houfe thereupon
to their Commiffioners, who muft needs be at a
Stand, by reafon of fo long a Delay, his Majefty
having given in his Anfwer five Days before, which
had now been three Days depending in the Houfe.'
The Independent Party finding the Confidera-
tion of the King's Anfwer could not be decently
avoided, began the Attack upon Epifcopncv.
G 3 Mr.
102 The Parliamentary HISTORY
An. z*. Car. I. Mr. Miles Corbet affirm'd, « That Bifiiops wertf
- ' ' c^earty Anti-chriftian, and cry'd out, Down with
tnem even to the Ground.' To this Mr. 'Blakijlcn
added, ' That becaufe Bifhops were Anti-chriftian,
therefore the King ftuck fo clofe to them ; that his
Majefty gave no Satisfaction at all concerning Bi-
fliops, for he confented to the taking away of only
Archbifhops ; but, for his own Part, he thought
they were both Birds of a Feather.'
To this it being anfwer'd, * That the King, in
order to grve Satisfaction, had confented to lay
afide, after three years End, the whole Subftance
of Epifccpacy, and abolifli the Jurifdiction and
Function of Bifhops, as appear'd by his laft Con-
ceflions ; only he had left a little Root in Matter of
Ordination : ' Mr. Gourdcn replied, * That both
Kingdoms had covenanted and engaged to pluck
up Epifcopacy Root and Branch ; and that if they
left ever fo little a Slip of the Root, it would foon
grow up again ; and therefore he conceived the
King could not give Satisfaction till Bifhops were
taken away, both Name and Thing, that there
might not remain the leaft Footfteps of that Go-
vernment to be taken Notice of by the Prefent Age,
or tranfmitted to Pofterity.'
Hereupon Mr. Jeffon proposed this Queftion,
* Whether Bifhops were not mention'd in the Scrip-
ture, and far more vifibly than the Form now en-
deavoured to be fet up for ought that had been
yet (hewn to the contrary ? And whether the Gen-
tlemen that were fo eager for rooting up Epifco-
pacy, had not bed root it up firft out of the Evi-
dences of the Gofpel, and of all Antiquity?' To
this no Anfwer was given : But Alderman Pen-
r.ington further urging, ' That the Houfe was
bound by the Covenant to root out Bifhops?'
it was replied, * That it was true they were bound
by the Covenant to extirpate fo much of the Hie-
rarchy as fhould be found contrary to the Word of
God, the Rule by which they were to reforn? ;
and therefore till it was cleared how much of Epif-
copacy was contrary to the Word of God, it could
not
cf E NG L A N D. 103
not be fafe to extirpate the whole Order : AncI the An. 24 Car. I.
only Way to find out the Truth was that which . l64 ' ,
the King had propounded and promifed, that be- oftobcr.
twixt this and three Years End, if upon a Confe-
rence between the AfTembly of Divines, and twenty
of his own Nomination, he mould be convinced
of the Unlawfulnefs of Biftiops, and the Lawful-
nefs of any other Government, he would moft
chearfully embrace that, and take away Epifco-
pacy : But till then it could not, in Reafon and
Confcience, be expected that his Majefty {hould
abfolutely abolifh it, under Pretence of giving Sa-
tisfaction.'
To this the Independents replied, by arguing
en Fafio ad Jus; faying, ' That the Conference
prbpofed by the King, at the End of three Years,
would perhaps be the Way to undo all that hitherto
the Parliament had done ; and might call in que-
flion the Judgment and former Refolutions of the
Houfes, and the Ordinances concerning Church-
Government.' In Anfwer to which it was obferv'd,
That it muft be an ill Caufe which could not
endure the Teft of a Conference. ; that the avoid-
}ng one would reflect much upon the Reputation of
the Aflembly of Divines ; and argue, in the Opinion
of moft Men, either a bad Caufe, or but weak
Defendants: Moreover, that a Bufmefs of fo high
a Nature as Church-Government could not be
debated too often, and as yet one Party only had
been heard to fpeak to that Point ; whereas it was
unjuft to conclude upon any thing without know-
ing, at leaft, what the other had to offer ; that it
muft be far more for the Honour of the Houfe to
determine fo weighty a Matter, after a full Hear-
ing on both Sides : And therefore it was moved,
that his Majefty's Conceflions might be accepted of
as to the Matter of Epifcopacy.' — But the Que- which is voteij
ftion being put thereupon, it was refolved, T
the King's Anfwer to that Part of the Propofition
for the Church, which concerns a Bill and Ordi-
nances for abolifliing of Bimops, is not fatisfac-
And a Committee was appointed tv draw
G4 up
3 04 3*be Parliamentary HISTORY
An. 54 Car. I, u? the Particulars of this DiflatisfaCtion againft the
t l648' j next Morning.
Oftcber*
The fame Day, Oft. 26, the Earl of Manchejler
acquainted the Houfe of Lords that Sir "John Cbiefley
had that Morning brought him the following Letter
from the Committee of Eftates of Scotland, and
defired that §\r David Carmichael might have a Pafs
to go into the Ifle of Wigbtt to deliver a Letter alfo
from them to the King.
For the Right Honourable the SPEAKER of the Houfe
of PEERS pro Tempore, to be communicated to both
Haufes of Parliament.
Edinburgh, Oft. 17, 1648.
Right Honourable,
* ANY have been the Troubles wherewith
the Committee c the" Lord hath been pleafed to exercifc
pf Eftates of * thefe Kingdoms, fjnce your joining with us in
Scotiand,<kfmnSc the Sojemn League anj Covenant; but we may
agoodCorrelpcn- . . o I'IA/T-
dence with the truiy »y, many and great have been the Mercies
Parliament of < of the Lord, and his gracious Deliverances out
« of thofe Troubles : We need not to mention the
' Toffings, Shakings, and ftrong Tempefts which
c the Honourable Houfes have endured, and how
* the t-ord hath preferved them in the Midft of
' them all ; thefe Things are beft known to your-
' felves : But for us, befides fmaller Troubles, this
* Kingdom hath been twice borne down and over-
' run by the Prevalency of the malignant Party ;
' firft by the Power of the .Forces under the Con-
' du6l of James Graham^ late Earl of Montrofs,
' and lately by the Power and Force of thofe who
' joined urjder the Corrjmand of James Duke of
^ Hamilton., from both which the Lord hath mer-
* cifully delivered us ; and now, by his good Pro-
f yidence, the Power of managing the Affairs of
' the Kingdom is again inverted in the Hands of
* thofe Perfcns who were moft forward and active
? in fending an Army mtoEnglandy in the Year of
« QoJ
of E N G L A N D. 105
c God 1643, for the Affiftance of their Brethren, An- *4 Car. i.
1 and v.'ho protcfted in Parliament againft the late t * ' __,
' unlawful Engagement againft your Nation. O&ober.
* For a long Time there hath been a Mixture of
* Malignants joined with us in our Councils, which
' hath been the Root of all our Evils and Troubles,
' and a chief Means to beget a Mifundcrftanding
* betwixt the Kingdoms; but we truft in God it
' fhall be fo no more.
' We do return unto you of this Kingdom our
'. hejrty Thanks for the willing and ready Offer of
' Afiiftance you v/ere pleafed to make unto us, by
' your Votes of the 28th cf Septemher laft, com-
' municated to us by Lieutenant-General Crtm-
' well; and we do eaincftly defire the Right Ho-
' nourable the Houfcs of Parliament to reft aflured,
1 that, next under God, we place our greateft
' Strength for carrying on the Works cf Reforma-
' tion, ;md fettling the Peace of this Kingdom, in a
* firm Conjunction and hearty Correfpondency with
4 our Brethren of England.
' We are informed that the Honourable Houfes
£ are treating with the King upon the Propofitions
' formerly prefented unto his Majefty, by Commif-
? fioners of both Kingdoms, at Hampton -Court ;
' wherein we truft they will not proceed to a final
' Agreement without having Regard to the Intereft
* of this Kingdom : But above all we hold it our
' Duty ferioufly to recommend to both Houfes of
4 Parliament, that as they defire a Blcffing from
' Heaven upon their Proceedings, they be fpecially
' careful that the Propofi ions concerning the Co-
' venant and Reformation of Religion be fettled and
e agreed on in the firft Place, before all Interefts
' whatfoever ; and fo foon as we (hall underftand
* that Matters are in a hopeful Way of Agreement
* betwixt his Majefty and his Kingdoms, we (hall
' be ready to contribute our utmoft Endeavours for
' that End.
* The late Engagement of the Forces of the
'Duke of Hamilton againft you having ftopp'd all
io6
An. 24 Car. I.
1648.
Oftobcr.
Their
their Agent for
tfeat Purp fe.
The Parliamentary HISTORY
Intercourfe betwixt us for a long Time, we know
little of the true State of your Affairs ; wherefore
we have fent; this Gentleman, Sir John ChieJIey of
Kerfwcll, who hath been a Partaker with us in our
Sufferings, and an a&ive Oppofer of the late
Engagements, to attend the Honourable Houfes
of Parliament, to give unto them an Account of
our late Proceedings and prefent Condition, and to
prefent our real Endeavours and fincere Refolu-
tions to preferve inviolably the Union betwixt the
two Kingdoms according to the Covenant and
Treaties ; for which End we do defire the Hon-
ourable Houfes to give full Credit and Truft ta
him in all Things which he {hall fay in the mean
Time, in the Name of
Tour mojl affured Friends
and bumble Strvants,
Signed in the Name, and by
the Warrant of the Com-
mittee of Eflatu, by L o U D O N, Cane*
Sir JOHM CHIESLEY'S LETTER ^CREDENCE.
; WHereas
Edinburgh, Oft. 17,
the Committee of Eftates of this
Kingdom, confifting of fuch Members
6 of Parliament as diflented from, and protefted ia
( Parliament againft, the late unlawful Engagement
' againft our Neighbour Nation of England, with
4 whom we are joined in Covenant, have fourjd
* it neceflary that fome be fpeedily employed from
* this Kingdom to the Right Honourable Houfes
« of the Parliament of England, to inform them,
' concerning our late Proceedings and the prefent
* State of our Affairs ; and further, for preserving
' and continuing a good Underftand ing betwixt the
* Kingdoms : They do therefore give full Power,
* Commiffion, and Charge to Sir John Chiejley of
* Kerf Mell 9 forthwith to repair to the Kingdom of
cf ENGLAND. 107
* England^ with Power to him to endeavour the An- 24 Car. I.
* effecting of the Ends aforefaid ; and further to do J *S*
* all fuch other Affairs as are or fhall be, from Time
4 to Time, committed unto him by the faid Com-
* mittee of Eftates, according to the Inductions
' now given, or which (hall be hereafter given, unto
4 him ; holding firm and ftable whatfoever he fhall
« do conform to the faid Inftru&ions.
Signed in the Name^ and by the Warranty of the
Committee of Eftates,
LOUDON, Cane.9
The Confederation of thefe Papers was put off
to the next Day, when it was agreed by both
Houfes, That they fhould all be referred to the
Committee at Derby-Hcufe, who were appointed
to receive what Sir John Chiejley had to deliver
from the Committee of Eftates there, and report
the fame to the Houfes.
Next the Lords proceeded to that Claufe of the
King's Anfwer to the Proportion concerning the
Church, as related to the paffing of A6ts for the
better Obfervation of the Lord's Day, and againft
Innovations. The Senfe of the Houfe on this was,
That the Commiffioners have Directions to know
of the King what the particular Expreffions are
which he excepts againft : And, concerning the
Claufe about the Covenant, it being put to the
Queftion, Whether to fend to the Commiffioners
to prefs the King to pafs an A£r, for enjoining the
taking of the Covenant with a Penalty ? it palled in
the Negative.
Qtt. 27. The Commons refumed the Debate Debate on th»
upon the Proportion concerning the Church, andKing'i Anfwcr*
came to this Refolution thereupon, * That the a$ to the Sale of
King's Anfwer to that Part of the Proportion con-B pl Land
cerning giving his Confent to the Ordinances for
fettling the Lands of the Bifhops upon Truftees,
for the Ufe of the Commonwealth, and for ap-
pointing the Sale of thofe Lands, is not fatisfac-
torv ; and that the Commiffioners do prefs his Ma-
jcfty
1 08 The Parliamentary HISTORY
. Car. i. jefty to give his full Confent to thofe Ordinances as
by the Propofition,'
Then Mr. Swinfcn reported to the Houfe the
Particulars of their DifTatisfaction in his Majefty's
Anfwer to that Part of the Propofition for the
Church, concerning the abolifhing of Bifhops, to
be fent by way of Inftru&ion to the Commiflioners
in the Ifle of JVight^ which were read and appro-
ved of as follows :
' The Houfcs upon ferious Confidcration and
Debate had upon the King's laft Anfwer to the
Propofition concerning the taking away and abo-
lifhing Bifhops, and fettling Prefbyterian Church-
Government, have voted, That it is unfatisfac-
tory. And in regard the King, in his faid An-
fwer, hat rather framed a new Propofition than
confented to that prefented unto him by the Houfes,
wherein yet he grants fome Part of what the
Houfes defire ; that the Houfes may manifeft the
Clearnefs of their Proceedings in this Treaty, and
their earneft Defires of a blefled Peace, they do
aflign the Particulars wherein, as to that Part of
the King's Anfwer, their main DifTatisfa&ion
refteth.
1. ' That the King doth not utterly abolifti the
Function and Power of Bifhops (a) [as they were
formerly in Ufe'] within the Kingdoms of England
and Ireland, and Dominion of Wales ; but only
fufpendeth the Exercife of their Function, as to
Ordination, for the Term of three Years, and no
more j and the Exercife of their Power as to other
Things, [for the fold Term of three Years'], and
untill fuch Time as himfelf and the two Houfes of
Parliament (hall agree upon any other Settlement.
2. ' That, during the Term of tnree Years, the
King may make Bifhops in the old Manner ; and,
at the End of three Years, the Exercife of their
Function, as to the Point of Ordination in the old
Manner, is revived in fuch of the old Bifhops as
(hall be then living, and in fuch other new Bifhops
as
fa] The firft Paffage between Crotehct* wa» If ft oyf; an* the c,thei
>dded, by Defive of the Lords,
of ENGLAND. 109
as the King hath or {hall, make, it being only ex- An- 2+ Car. I.
prefled that they (frill not ordain without the ( l6^' t
Council and Affiftance of Preibyters, which alfo was oftober.
practifed formerly.
3. ' That the Form of Church-Government,
prefentcd to the King by the Houfes, is. by his An-
fwer, limited only to the Term of three Years ; and
that, at the End thereof, Provifion is only made for
Ordination in a \Vay different from what the Houics
have propofed, and no certain Way fettled for any
other Thing concerning Ecclefiaftical Difcipline and
Government, which will be as neceflary to be pro-
vided as that of Ordination.
* And this the Houfes do judge at the End of
three Years, will expofe the Kingdom to new Di-
ffractions, which they defire may be prevented in
this Peace.
' You are hereby authorized to acquaint his
Majefty herewith, and to prefs him to a full An-
fwer in pafling the Church-Government, and abo-
liihing of Bifhops, as is propounded by the Pro-
pofition.'
Next the Houfe proceeded to that PafTage of the TIie ufe of t{ie
King's Anfwer, wherein his Majefty required the common Prayer
Ufe of the Common Prayer in his own Chapel in his Majefty'*
only. Againft this it was faid, < The Common Chapel only>
Prayer was as bad as the Mafs ; and that if it
fhould be permitted at Court, it were but to reject
one Idol, and fet up another ;' urging moreover,
* That the Houfe had entered into a Covenant for
the eftabliftiing of Uniformity, which there would
be little Hope of fettling, when the King's Cha-
pel fhould become a Pattern for other Places and
Churches to follow.
Hereupon it was refolved, * That the King's
Anfwer to that Part of the Proportion touching
the public Ufe of the Directory, and the taking
away of the Book of Common Prayer, wherein he
defines to continue the Ufe thereof for himfelf and
his Houmold, untill another public Form of Prayer
ihould be agreed on by his Majefty and his two
Houfes, is unfatisfa&ory,'
Then
Ho The Parliamentary HISTORY
An. 24 Car. I. Then it was further refolved, ' That his Ma-»
1648. ^ jefty's Anfwer to that Part of the Proportion as con-
Oftober. cerns his confirming, by Act of Parliament, the
Articles of Chriftian Religion, is. not fatisfa&ory ;
The Articles of an^ that the Commiffioners do prefs the King to give
Religion, his full Confer t thereunto.'
The next Point that came upon the Carpet was
that Claufe of the King's Anfwer, wherein he pro-
ii'iifd to pafs an A£t for the preventing the Saying
The Queen's be- °f Mafs in the Court, or any other Part of this
jag allowed Mafs Kingdom, or the Kingdom of Ireland ; only, he
•%* °Wn Fa" excePted the Queen and her Family, that thofe few
of them, which were of her Profeflion, might have
the free Exercife of their Religion, according to the
Articles of Marriage agreed on betwixt the two
Crowns of England and France.
Againft this it was alledged, c That the Godly
Party of the Kingdom ever difliked the Marriage it-
felf, when it was firft in Agitation ; but much more
when they were informed of this Article for bring-
ing of Idolaters and Idolatry into the Court, which
had been the Caufe of all thofe Miferies and Di-
ftra&ions ; and that if it fhould be admitted any
more, Superftition and Corruption would foon re-
ceive Countenance, and grow up again in Church
and Commonwealth ; to the great Grief of the
Godly, the Scandal of the Reformation, and the
Breach of the Covenant, by which the Houfe was
bound to the utter Extirpation of Popery.'
To which it was replied, ' That by the Extirpa-
tion of Popery was meant the fupprefling it from
being received into any eftablilhed Form of the
Kingdoms, or having any Countenance or public
Toleration by Authority, to the Prejudice of the
Reformation j but not the excluding of particular
Tolerations upon Confiderations of State j efpe-
cially fo eminent a one as this, in favour of the
Queen, upon her Marriage.' Befides, it was
urged, * That it was unreafonabie to deny the
Queen the Exercife of her Religion, unlefs it were
meant {he {hould never return into the Kingdom ;
and fure none would be fo harfh and unchriltian as
to
of ENGLAND. in
to keep her a banifhed Woman from her Hufband An. 24 Car. 1.
for ever.'
But this Argument had no Weight with the
Commons, for they refolved, c That the Houfe,
out of their Deteftation to that abominable Idol the
Mafs (b), doth declare, that they cannot admit of,
or confent unto, any fuch Exemption in any Law*
as isdefired by his Majefty, for exempting the Queen
and her Family out of fuch Act or Acts, as are de-
fired by the Propofition to be parted, for a ftricter
Courfe to prevent the hearing or faying of Mafs in
the Court) or any other Part of this Kingdom, or
the Kingdom of Ireland ; that his Majefty's An-
fwer thereunto is not fatisfactory ; and that the
Commiflioners do prefb his Majefty to give his full
Confent to that Part of the Propofition, as it is
there defired.'
At laft they came to the Covenant, which occa-
fioned a very hot Debate, in which it was infifted
upon, ' The King ought not only to take it him-
felf, but pafs an Act for impofmg it throughout the
Kingdom.' Againft this it was argued, c As a
moft urireafonable and unjuft Thing to urge the
Covenant upon the King, when many Members
of both Houfes, and of the Army, who had refufed
to take it, had been efteemed the better for it, and
judged the fitteft Men for public Employments 5
and many of thofe who hud taken it were looked
upon with an evil Eye, and as Men averfe to the1
public Interefts : And that the Oath and Covenant
was not made, nor intended, for the King to take ;
but that it was a Solemn Stipulation betwixt the
Subjects of both Kingdoms only, as appeared by
the Preamble of it, We the Noblemen, Knights,
Citizens, Burgeffes, &c.' To this it being anfwer-
ed, « That the Houfe could alter that, when the
King would confent to the taking of it ;' feveral
Members argue, ' That though the Houfe could
alter
(V) Thefc Wordi were added upon the Motion of Sir Henry Mild-
may, Mr. Gourdon, and Alderman Ptnnin^ton i But were after-
wards altered by the Lordi thus, tbat abtminablt Idolatry uf<d ;-.
Che Mafj,
i66o.
Oaober.
1 1 2 The Parliamentary H i s T 6 R ir
An. 21 Car, I. alter the Preamble of the Covenant, yet they couM
not the Contents and Subftance of it; and in them
were many Things contained very improper for
the King to fwear to ; as the Maintenance of his
own Perfon, Honour, Crown, and Dignity ; which
would be abfurd, fmce Self-Love and Prefervation
is ingrafted in every Man by Nature: And that if
his Majefty was to take the Covenant, and fwcar
to maintain his own juft Rights and Prerogatives^
according to the Tenor of it, then if he conceived
any of thofe Things demanded by the Houfes to be
his juft Rights, he was bound to deny them ; from
whence it appeared that the Covenant was never
intended for the King to take ; and if he did take
any it muft be a new one, or the old one altered j
which they ought to have done before they fent the
Proportions, that his Majefty might have known
\vhat Part of the Covenant they intended to impofe
upon him, before he fhould make a Promile to
take it.' '
Hereupon Mr. Gourdon ftood up, and dcfired
Leave to fpeak to the firfr of thofe Arguments,
* How that there was not the fame Reafon for pref-
fmg the Covenant upon the .Members of the Houfes
and the Army, as upon the King ; and that was
becaufe the main Claufe of it is againft the introduc-
ing of Popery, of which none was, or is, fufpe&ed
but the King ;' (and in this he was fupported by
many of the Prefbyterian Party, out of their Zeal
for the Covenant :) But to hkn, who was a known
Champion for the Independents, it was frnartly re-
plied, ' That, on the fame Ground, all the Mem-
bers of both Houfes, and of the Army, ought to take
the Covenant, as well as the K'ng ; becaufe there
was a fpecial Claufe in it for the fuppreffmg of all
Here/ies and Schifms.'
At laft the Debate ended with this Refolution,
c That the King's Anfwer touching the Cove-
nant was not fatisfaciory : And a Comrriittee was
appointed to confider how, and in what Manner,
the Covenant could be framed, fo as that it might be
prefented to the King, to be taken by him.'
From
AH which the
Commons vote
unfatisfa&ory.
^/ENGLAND. 113
From the Arguments in the foregoing Debate in- An, 44 Car. 1.
Tiding upon the King's taking the Covenant, this l6*8'
Obfervation arifes : The Independents, who were
Enemies to it themfelves, preffed it upon his Ma-
jefty, hoping thereby to throw upon him the Odium
of oppofing a Peace, and preventing any good Suc-
cefs of the Treaty. The Prefbyterians, though
they wim'd for an Accommodation with the King,
yet would not, even to obtain that End, give up the
Covenant, of which themfelves had been the firft
Promoters, and whereon they founded their Hopes
bf the Continuance and Eftablifhment of their dar-
ling Plan of Church- Government. From this U->
hion of fo contradictory Interefts the contemporary
Author, to whom we are obliged for the Minutes of
thefe Debates (c], foretold, at this very Time, that
the Treaty would prove fruitlefs, and the King be
foon after crulh'd between the two Parties.
Oft. 28. The Refolutions of the Commons ofi
the 26 and 2yth, being fent up to the Lords u
for Concurrence, they agreed to them all with fome themj except n
little Alterations, (already taken Notice of) except to the Sale of
that concerning the Sale of Bifliops Lands, which BlflloP» Landt<
they refpited to further Confideration.
The fame Day the Lords fent a Meflage to the
Commons, fignifyingj That in Confequence of the
Vote for proceeding againft only feven Perfons as
to the taking away Life4 in the firft Branch of the
Propofition concerning Delinquents, they had
named the Lord Cottington, Lord Digby, Sir Ro-
bert Heath, Sir Francis Doddington, Sir Gecrge
Radclife, Sir Richard Greenville, and Sir Charles
Dallifon, Hereupon a Member faid, « The Lords Debate «n the
had acted as Betrayers and Deluders of the King- feven Delin-
dom, by naming feven of the old Delinquents who JobL^
were, every Man of them, out of their Power ;' the Lords,
and a Debate arifing whether they fhould name
feven more out of the new Delinquents, the Lord
Goring was named as one ; which being objected
to, Serjeant Nicholas flood up and faid, « \Vhat,
VOL. XVIII. H Mr.
(e) Merttritti Prfprtaticm, No. 31.
1 1 4 'The Parliamentary HISTORY
Aa. 14 Car. I. Mr; Speaker, fhall we fpare the Man who raifed a
t l648' fecond War more dangerous thari the firft, and
Ottober. cudgelled us into a Treaty (d) ?' However, a Motion
being made, That there be an Addition of Names
to the firft Branch of the Propofition concerning
Delinquents, it pafled in the Negative without a
Divifion.
Letters relating At this Time the Parliament was alarmed with
totheMarquisofNews from Ireland, bringing an Account of the
ingTrTireknd, " Marquis of Ormondes landing there, and his making
to make Peace Peace with the Rebels in that Kingdom. His
with the Rebels Lordfhtp's original Letter was fent, addrefled to one
of their Chiefs, and inclofed in the following from
Col. Jones, which were all read :
To the Right Hon. WILLIAM LENTHALL Efq ;
Speaker of the Honourable the COMMONS Houfe in
Parliament,
Honourable Sir, Dublin, Off. 18, 1648.
« 1 N my laft of the 4th Inftant, I reprefented the
' 1 prefent Wants of this your Army, both irt
* Men and Money ; wherein now again I moft
' earneftly defire we may be fupplied, and that with
' all convenient Speed, [confidering Ormond is now
' arriving here, and the Defisns by him driven ap-
' pearing in the inclcfed ; which are intended prin-
* cipally to the Diftarbance of your Affairs here»
' His Lordfhip meeting with the Irijh Commilfiori-
' ers, began on their Treaty on Monday the i6th
* prefent ; after which (I have it on good Grounds)
* all their Powers together are to be employed againft
* this your fmull Party in this Province.] The
* timely removing hence thofe of Ormond's Inftru-
* ments, in whom he moft confided, will retard
' him much in his Defign ; yet will it be alike, and
* no lefs for his Advantage, if he has to work on a
* neceilitated Party, fuch as this is, on whom large
* Offers of plentiful Subfiftance (which ours have
' not) may be much working.
< There
(<T) Alluding to the following Paflage !n an Intercepted Letter of
Lord Going's, before given, Cudgel them inta a Treaty, and leave us
to do tbt reft.
^ENGLAND. 115
' There are extraordinary and large Taxes laid, An. 24 Car. i.
* by the Poll, in Irijh Quarters, for making up, it
' is faid, the Sum of 60,000 /. for the Prince, who
' is, by the Iri/b^ expe&ed here with his Fleet, as
' foon as the Treaty is made up between them and
' Ormond. . In this I am much confirmed, that all
' herein defigned is principally for England.
4 It is therefore nearly concerning you to pre-
' vent this growing Evil, and that rather here,
4 t'jan there, by fending hither^ with all Speed,
4 what is for the Work ; particularly that we be
' fupplied with Horfej (the Life of this Service)
' our Troops here being weakened by a ft range
' Difeafe, whereby fixty Horfes have mifcarried in
' fo.me Troops confiding but of feventy-two to the
* Troop.
' This of Ormondes Arrival, and the Difcovery
c made of his Defigns, have, for the prefent, di-
* verted niy Intentions for advancing in Perfon \
' that thereby this Place (to be principally fecured)
' may be provided for, and other Things prepared
* neceflary for a Meeting with that Army, or thofe
4 Defigns of the Rebels fo much fpoken of. In
1 the mean Time I ftlall vifit their Quarters with
* ftrong Parties, fent out on all Hands, for burning
* and deftroying of their Corn and what may W
' clfe for their Siibfiftance or Accommodation j
* whereof I truft ere long, by God's AfTiftancej to
* give you fome good Account ; fo I rett
Your mojl humble and faithful Servant^
MICHAEL JONES.
Lord ORMOND'J LETTER.
To our very loving Friend Sir Richard Blake, Knt.
Chairman to the Ajfembly of the Confederate Ro/nan
Catbolicks, now at Kilkenny.
' AFTER our very hearty Commendation':,
* L\ b-ing arrived in this kingdom, qiialihcd
' wilh Power to treat and conclude a Pcucc with
Ha 'jhe
1 1 6 The Parliamentary HISTORY
An. 24. Car. I.* the Confederate Roman Catholicks, or fuch as
l64-S- * fhall be deputed and authorized by them in that
*"T3X ' ' Behalf, we have thought fit, by thefe our Letters,
' to defire you to make the fame known to the Af-
4 fembly of the faid Confederate Reman Catholicks
' now at Kilkenny : As alfo that, in purfuance of
4 the Paper of the I3th of Mtiy luft, delivered to
4 their Commiffioners at St. Germain' j, we expefl
' to receive from them, by Perfons fully authorized
4 to treat and conclude, fuch Propofitions as they
* (hall think fit at our Houfe at Carr'uk ; whither
* we intend to remove for the better Accommodation
* and more fpeedy Difpatch of this Affair, as foon
. ' as we fhall be advertiied by you of the Time vvhert
* we fhall expect them there, which we defire may
* be with all convenient Expedition. We remain
* at Cork this 4th of Ottober^ 1648,
Your very loving Friend^
O R M O N D,
A LETTER of Intelligence.
To the Honourable Colonel MICHAEL JONES, Chief
*, Commander of the Forces of Leinften
Oft. 10, 1648.
Honourable Sir^
* I Have, given ---- a Meeting at Maynoutb^
* J. whofe Relation is, That great Preparations are
4 now in Agitation in Kilkenny againft your Honour
* and Party : ^ nd that Preflon and Owen Roe have
' agreed, and that their Intent is to fall on your
c Army fo foon as it fhall march , That 2COO
4 Horfe and Dragoons are to be this next Week in
' Readinefs to come into your Honour's Quarters,
* only to deftroy and ruin ; and that the Lord of
c Inckiquin was on Sunday Lift at Kilkenny^ and
* Proportions are between Ormond and the Irljh
4 Council. But he doth abfolutely aflure me, that
4 they all join againft your Honour and Party, whom
4 God, I truft, will ever, as hitherto, favour and
4 defend.
^ENGLAND. 117
* defend. If it be your Honour's Pleasure we will An. 24 dr. I,
* go to Kilkenny this next Week, and within ten .. *6*8'. ,
* Days give your Honour an Account of all Things ; oaob<r.
' which I thought fit to acquaint your Honour with-
* all, and will ever reft,
Tour Honour's mojl humll: Servant,
P. 5. c They defire the Original Letter may be
* returned.*
On reading; of the above-written Letters, both „, ., ,.
ri r i i r i /"» • ru /v. i i i -*^e "ar'!3me
Houfes thought fit that Copies of them (hould be defire the Kin
lent to their Commifiioners in the Ifle of IVight j to declare pub-
with Inftruaions to (h,ew them to the King, and ^}\^
. * * , i TT r * i i • T» • i i"«*t J^oru S
acquaint him, that the Houfes judge this rroceed-
ing fo contrary to an Adi of this prefent Parliament,
and fo deftri^ive to a fpeedy and effectual Reduce-
ment of the Rebels there, that they defire his
Majefty's public Declaration againft any fuch Power,
and againit the Proceedings of the Lord Ormond in
this Matter. They alfo ordered a Supply of Money
and Provifions for Col. Jones.
Off. 30. At the Dcfa« of the Lords a Conference
was held with the Commons, concerning their Re- al
folution of the 2yth, relating to the Salcof BiQiops toon* R^fo^tio
Lands, which their Lordfhips faid they could not"T3ucJ"1TiS ihc
agree to, for the following Rcafons :
Fir/fj ' Bc'caufe they had not had Time to de-
bate it, in regard it was necefTary to difpatch away
Sir Peter Kiliigrew forthwith, to deliver the Senfe
of the Houfes upon the other Particulars, that the
Treaty might not be at a Stand now it was almoft
expired.
Secondly, * Bccaufc his Majcfty being (tumbled
moft of all at the Alienation of Church Lands, it
were more convenient to put this off to the lad,
and to endeavour a Concluiion in other Things
that related more nearly to the fettling of the
Security and P.:.ice of the Kingdom ; and they de-
fired that thole Con/.effions of the King's might
H 3 not
1 1.8 7%e Parliamentary HISTORY
An. 5.4. Car. I. not be loft : Neverthelefs they would ftill keep their
1 ^ f Engagements formerly made in this Particular, by
O#ob?r. endeavouring to gain his Majefty's Confent to an
Act for the Sale of Bifhops Lands ; yet think it not
fit to prefs it for the prefent, becaufe, if an Agree-
ment cannot be had therein, fome other Ways
may be thought on to fatisfy his Majefty's Con-
fcience, and the Expectations of the Purchafers and
Contractors, rather than the Kingdom mould run
any furiher Hazard by an unhappy Breach or the
Treaty.
The Commons returning to their own Koufe,
and a Report being made of thefe Reafons, feveral
Members expredcd great Refentment againft the
Lords. Col. Harvey faid, ' They had had Time
enough to debate the Refolution relating to the
Sale of Bifhops Lands ;' and added, * That he
conceived thefe Reafons were hatched under a ma-
lignant Planet/ Mr. Edward Ajhe faid, ' He
wondered the Lords fhculd at any Time delay their
Concurrence to what the Commons judged necef-
fary for the Good of the Kingdom ; and therefore
propoftd fending up a Mefiage to defire another
Conference, to give Reafcns againft thofe of the
Lords i which if they rejected, he hoped the Com-
mons would fend away their own Rrfolutions
withot't (laying for their Concurrence.' Hereupon
another Ccnilrence was voted and held the fame
Day, at which the Commons urg'd, That their
Lordfhips had concurred formerly with them, in
an Ordinance foi aboliflaingof Biftiops ; that upon
the Authority of that Ordinance, moft of the Lands
h_ad been contracted tor and fold ; in Pofleilion
whereof the Purchafers could not hope to reft fecure
fo long as the King denied his Confent, becaufe if
the Purchafers of thefe Lands were to be confider'd
only as Leflees, according to the King's Propofi-
tion, there would be perpetual Endeavours amcng
the malignsnt Party to reftore Bifnops again, which
£he abfolute Sale of thefe Lands would effectually
prevent. And moreover, if his Majefty meant to
confent to their Defires at all, in regard to this
Bufinefs,
^ENGLAND. 119
Bufinefs, there was the more Reafon to prefs him An- 23 Car- '•
upon it prefently, than put it off to the laft ; con- t 1648. ^
fidering the Prejudices it might raife againft the oa»bei.
Parliament in the Opinion of the People, in cafe
the Houfes did not agree with the King in the Clofe
of the Treaty ; which the Commons would hardly
do without his Majefty's Concurrence in fo neccfTary
and eminent a Particular : And that for thefe Rea-
fons they had refolved to adhere to their former
Vote, and to defire again their Lordftiips Concur-
rence therein, that Ib the whole might be fent
away to the King.'-
The Conference being over, the Lords fell into TO which the
Debate again upon the Refolution, fent up by the Lords, at kit
Commons, concerning the King's Anfwer touching a£ree*
the Ordinance for the Sale of Bifhops Lands; and
the Queftion being put for agreeing thereto, it
parted in the Affirmative, the Earl of Lincoln and
the Lord Maynard only diflenting. After which
their Lordfhips fent down to acquaint the other
Houfe, That being unwilling, at this Conjuncture
of Time, to retard the Bufinefs of the Treaty, they
had concurred in that Vote: And defired that all
the Re'olutions and Inftru&ions, parted on the 27111,
might be fent away forthwith to the King, in-,
clofed in a Letter to their Commiflioners, to be
figned by both Speakers, which was done accord-
ingly.
In the Beginning of this Month the Parliament
had refolved to fill up the vacant Seats in the Courts
of Juftice at Wejlmiujler, there being only five Parliament
Judges furyiving who ailed under their Authority,
viz, Mr. Juftice Rolle and Mr. Juftice Bacon of the
King's Bench, Mr. Juftice Pheafant of the Common
Pleas, Baron Trevor and Baron dtkins of the Exche-
quer. In order thereto a confiderable Number of
Barrifters of Grey's Inn, the two Temples, and Lin-
coln's Inn, were ordered to be call'd to the Degree
ef Serjeants at Law. Some of thefe were named
\i\ the Houfe of Lords, and others in that of the
H 4 Common?,
1 2Q *fbe Parliamentary H i s T o R V
*' 6*8°**' * Commons, but tney na^ tne Concurrence of both
Houfes previous to their Admifiion to that Dignity ;
and were afterwards fworn in by Mr. Wbitlocke^ one
of the Commiflioners of the Great Seal (d).
At the End of this Month an Ordinance pafled
both Houfes for advancing Mr. Juftice Rolle, of
the King's Bench, to be Chief Juftice in the room
of Sir yobn Brain/Ion who had refign'd, and for
appointing Serjeant Jermyn and Mr. Samuel Browne
to be Juftices of that Court ; Mr. Solicitor St. John
was alfo made Chief Juftice of the Common Pleas,
Serjeant Crefwfll and Sir Thomas Beddingfield, Ju-
ftices thereof ; Serjeant Wylde, Chief Baron of the
Exchequer, and 'Thomas Gates, Efq ; a Baron.
Under the Proceedings of the i8th of this Month
we took Notice of a remarkable Petition, prefented
to General Fairfax, from Commiflary-Gencral Ire-
ton's Regiment, particularly aimed againft the King's
Perfon. And about this Time the Attack was fol-
lowed by another, which runs thus : (>)
To bis Excellency the Lord F 4 I R A x, <wr Noble
General.
The HUMBLE PETITION of the Officers of Col. In-
goldfby'j Regiment in behalf of themfelves and
private Soldiers, now lying in the Garrijon of
Oxford.
A Petition from
Col. Jngold%'s
Regiment, to
Lord Fairfax, for
Juftico upon the
King and his
Party.
Sbewethj
THAT your Excellency's Endeavours, and
ours, for common Freedoms, have been
fo hazardous to us, fo chargeable to the People^
and fo wonderfully owned by God himfelf, that
once before, and now again, God hath given us
a total Victory over the Enemies of our Liber-
ties, and given thofe into our Hands that would
have enflaved us ; fo that nothing remains to
be done to make and keep us, and all the honeft
* People
(d) Memerta/s, p. 340, (t fey.
(e) From the Original Edition, printed for R. Leybourft,
o/* E N G L A N D. 121
* People of the Nation, Freemen ; and to make the /n- *.4 ^ar- 1-
' Hazards of our Lives, and Lofs of fo much Blood, v_ '-•__•
' to be effectual to us, but an immediate Care that October.
' Juftice be done upon the principal Invaders of our
* Liberties, namely, the King and his Party, whom
' the Parliament hath formerly declared Non-Ad-
* drefles to ; The Army likewife declared to live
* and die with them in the Profecution thereof.
' That likewife fufficient Caution and ftrait
' Bonds be given to future Kings, for preventing
' the enflaving of the People hereafter : And that
' Grounds of Encouragement be given to the People
' of fucceeding Generations, for defending them-
' felves againft the like Attempt; then might we
* with Chearfulnefs return to our feveral Callings,
4 hoping to live in Peace, blefling God for his
' Goodnefs.
' But 'we are almoft paft Hopes of obtaining thefe
6 Things and it cannot but lie heavy upon our
' Spirits, to apprehend that all our Harveft (hould
* end in Chafl^ and what was won in the Field
* fhould be given away in a Chamber ; for the
' Treaty now in Hand is the Matter of our prefent
* Doubts ; the Iffue of it can neither be juft nor
4 fafe : And feeing that upon the well or ill clcfing
* of our late and yet continued Diflraclions, de-
* pends the outward Weal or Woe of us and cur
' Pofterity ; and that it is a Thing which oue;ht to
* be looked after, as to the making fuccefsfull all
*• our former Victories which God hath bleiled us
* with :
• We therefore humbly pray your Excellency,
* That you would be pleafed to re-eftablifh a ge-
* neral Council of the Army under your Command,
* to confider of fome effectual Reuicdies hereunto ;
' either by reprefenting the fame to the Houfe of
* Commons, as the Petitioners of London, and di-
* vers other Places have done, or by fuch other
< Way as your Excellency with your Council (hall
' think fit, in a Bufinefs of fo high Concernment
« to three Nations j having expended fuch vaft
* Quan-
122
An. 24 Car. I.
fc >648-
November.
^The Parliamentary HISTORY
Quantities of Blood and Treafure, in hopes of
« better Things,
And your Petitioners, fnall pray, &c.
The Confequences of this and other Petitions,
of the like Nature, will fully appear in the Tranf-
aftions of the next Month, when they were all
digefted into one large Remonftrance, and fent by
Lord Fairfax to the Houfe of Commons,
November i. Both Houfes agreed in the follow-
ing Refolutions :
1. ' That the King's Anfwer to the Propofition
concerning Delinquents is unfatisfa&ory in all the
Claufes thereof, except that Claufe wherein his
Majefty gives his Confent that all Perfons, who
have had any Hand in plotting, defigning, or aflift-
ing the Rebellion in Ireland {hall expect no Par-
don, as is exprefled jn the firft Branch of the faid
Propofition,
2. 4 That Sir John Strangways be taken out of
the Propofition concerning Delinquents.
3. * That thofe Perfons, named in the firft
Branch of the Propofition concerning Delinquents,
that are Proteftants, except thofe that {hall be ex-
cepted from Pardqn, {hall be admitted to Compo-
fition.
4. ' That thofe Perfons named in the fiHt
Branch of the Propofition concerning Delinquents,
that are Proteftants, except thofe that {hall be ex-
cepted from Pardon, {hall be admitted to com-
pound at a full Moiety of their Eftates (f).
5. ' That all Papifts and Popifli Recufauts, who
have been, or now are, a&ually in Arms, or vo-
luntarily affifting, againft the Parliament of Eng-r
\and^ except fuch who have had any Hand in the
plotting, defigning, or affifting the Rebellion of
Ireland^ and except fuch as {hall be excepted from
Pardon, {hall be admitted to Compofition.
6. < That
(f) When this Refoluticn pafled in the Houfe of Commons, a Mo-
tion was made that the Terms of Gompofition fhould be two
Thirds which was carried in the Negative by 85 Voices on}y
87.
^ENGLAND. 123
6. c That all Papifts and Popifli Recufants, who An. 24 Car. I.
have been, or now are, actually in Arms, or vo- t I 4 '
luntarily affifting, againft the Parliament of Eng- NovembCT.
land, except fuch as have had any Hand in plotting,
designing, or afiifting the Rebellion of Ireland^ and
except fuch as fn?.l! be excepted from Pardon, fhall .
be admitted to compound at a full two Third-parts
of their Eftates.
7. l That the Perfons, named and comprized
•within the Proportion concerning Delinquents,
who, by the faid Proportion, were to compound at
two Thirds of their Eftates, and are not difchar-
ged, (hall be admitted to compound at a full third
Part of their Eftates.
8. * That thofe Perfons, who, by the Propofition
concerning Delinquents, were to pay the full Moi-
ety of their Eftates, (hall be admitted to compound
at a full third Part of their Eftates.
9. * That the Houfes do infift upon that Part of
the Propofition, that appoints that all Lawyers,
Clergymen, and Scholars, fhall pay a full third Part
of the Value of their Eftates.
jo. ' That the Houfes do infift, that the Per-
fons appointed, by the Propofition concerning De-
linquents, to pay a full fixth Part of the Value of
their Eftates, {hall fo continue to compound at a
full fixth Part.
11. ' That the Houfes to infift upon the reft of
the Propofitions concerning Delinquents, in all the
Parts wherein the Houfes have made no Alteration ;
and that the Commiffioners be deftred to prefs the
King to give his Confent thereunto.
12. * That the firft of February, 1648, be now
the Day limited to the Perfons to come in, that are
admitted, by the Propofition concerning Delin-
quents, to compound.
Ordered^ by the Lords and Commons afiembleil .
in Parliament, That thefe Votes be fent to the
Commiflioners in the Ifle of Wighty with Power to
them to communicate them to the King.'
Nov. 2. More Refolutions concerning the Trea-
ty were agreed to by both Houfes.
I. 'That
124 *Tke Parliamentary HISTORY
An. 24. Car. I. i. * That the Treaty be continued for fourteen
l6**- f Days longer j and that, in this Time, the Houfes
* Nov mber ' w'^ conflder of the Proportions that came from the
King, to which there is not yet an Anfwer ; and
The Treaty con- w'^ coniidcr of fuch other Propofitions as the Houfes
tinned for four- {hall think neceflary for the fettling of a fafe and
teaiDays longer. Well-grounded Peace.
2. ' That the Commiflioners of both Houfesr
now in the Ifle of f^ight^ be written unto, that
they may make their fpeedy Repair to the Houfes
refpe&ively, and demand the King's final Anfwer
according to the laft Inftru&ions, and afterwards to
return back with the Houfes Refolution there-
upom
3. ' That the Commiflioners do communicate
thefe Votes to the King, and defire his Confent
thereunto in point of Time.
Votes in confe- * 4. « That his Majcfty's Anfwer, contained in
xTn^Antwer a ^^ of the "* of Offober, 1648, to the Pro-
AB to Ireland', ' pofition delivered in by the Commiflioners, in a
Paper of the 9th of Ofiober^ 1648, concerning /r*-
land) is fatisfa<3x>ry.
The Payment of 5, « Tha^ the K,ing's Anfwer to the Propofition,
public Debts, concerning the Payment of the public Debts, is fa-
tisfaclory (^),
Komination of 5^ c That 'the King's Anfwer to th<? Propofition,
c cers> concerning the Nomination of Officers, is not fa-
tisfa£lory.
And theCourt of 7' * That the Houfe do confent to the King's
Wards. Anfwer, as to the taking away of Wards and Li-
veries ; and, in lieu thereof do agree that 100,000 /.
per Annum be fettled on the King, his Heirs, and
Succeflbrs, according to the Anfwei' of the King to
this Propofition j the fame to be fettled by Act of
Parliament, to be raifed in fuch Manner as fliali
be thought fit by both Houfes of Parliament "j and
Provifion therein made that the fame, nor any' Part
thereof, be alienated from the Crown.'
t When the Motion was made in the Houfe o£
Commons for pafling the laft of thefe Refolutions,
Mr. Blackifton oppofqd it ; alledging, * That the
Court
(g) Upon thij Refolution the Commons divided, Yea? 8i, Noes 3 y
of E N G L A N t).
Court of VVards had been an exceeding great Grie-
vance to the Kingdom, and one of the greateft _
Tyrannies over the People ; that, at firft, it was November.
intended for the Good of Orphans, but had proved
their Ruin and Deftru&ion ; that when the Cuf-
tom of Wardfhips was firft fet on Foot, it was not
meant that Kings fhould make a Prey of them
and a Benefit to themfelves, but that they fhould
take Care of the Eftatcs and Education of Orphans ;
and therefore fincfe-what was devifed for a Remedy,
had, by long Experience, appeared the very Bane
of the Fatherlefs, it was uhreafonable for the King
to expect any Recompence for the abolishing that
Court ; which was never intended to be, tho' thro*
Corruption of Time it had been made a Part of his
Revenues.' — However, the Resolution pafled with-
out a Divifion.
Nov. 3. The Speaker of the Koufe of Lords ac-
quainted them that he had received a Packet from
the Commifliorters in the Ifle of Wight ; which
being opened was read.
Par the Right Honourallc the -Eflr/^MANCHESTERi
Speaker of th< Houfe of PEERS pro Tempore.
My Lord, Newport, Nov. 2, 1648.
* \Xf E have received your Lordfhip's Difpatch
by Sir Peter Killigrew^ and purfued your
« Directions therein given us, as your Lordihip will
4 fee by the feveral Papers herewith fent ; which will
* give you a particular Account of ourProceedings;
'« This being all we have to offer at this Time, we
' remain, £sV.'
\Sigrtd by all the Lords Commijjiomrs.']
Ybi COMMISSIONERS PAPER communicating to the
King the Fetes upsn hit Anfwer to the Proportion
fc>r the Church.
Nsv. I, 1648. Papfr. from the
: t J A V I N G tranfmitred to both Houfes of c"mmifiioncrs.
! - ?arl?%™ y°ur Majefty'S final Anfwer» ^SS-P*.
tne 2 -it of O3 far laft, to the Proportions con - Traafacliom of
126 *The Parliamentary HISTORY
An. 24 Car. I. e ceriiing the Church, we are by them commanded
l648- < to acquaint your Majefty with their Votes and
^TI ^T ' ' Refolutions concerning the fame, which are as
November. »
4 follow :
Here the Comimffioners recite the Votes and In-
Jlruftions, paj/ed on the 26th and 2jth of Octo-
ber, which we have already given, and then
proceed thns :
4 We therefore humbly defire your Majefty to give
* your full Confent to the feyeml Parts of the Pro-
4 pofition mentioned in thefe Votes and Refolutions
* of both Houfes of Parliament, according to our
' former Defires contained in our Paper of the 2fth
4 of September } concerning the Church/
*rke COMMISSIONERS PAPER, defiring the King
to declare again/I the Marquis of Ormond's Pro-
ceedings.
Newport y Nov. i, 1648.
* TP H E Houfes of Parliament having received
' A a Difpatch out of Ireland, importing the
4 Lord Ormond's Arrival in that Kingdom, qua-
' lified with a Power to treat and conclude a Peace
* with the Rebels there, have judged it contrary tb
' an Act of this prefent Parliament, and dcftruc-
' tive to a fpeedy Reducement of the Iri/h : Andj
* according to Inftruclions which in that Behalf we
' have received, we do humbly defire your Ma-
* jefty's public Declaration againft any fuch Power^
* and againft the Proceedings of the (aid Lord Or-
* mondy in Ireland.
4 And we do herewith prefent your Majefty with
* an Extract of a Letter from Col. Jones's^ Com-
* mander in Chief of the Forces in Leinjlcr^ di-
* reeled to the Speaker of the Houfe of Commons j,
4 and dated from Dublin the i8th of Oftober laft ;
* and aifo with Tnmfcripts of two Letters fent in-
' clofed in the faid Letter of Col. Jones's ; the one
* being of the Lord Ormond's Letter, dated from
« Cork the 4th of« OSlober laft, and directed unto
* Sir Richard Blake^ Knt, Chairman to the Af-
* feinbly of the Confederate Roman Catholicks now
4 at
of ENGLAND. 127
« at Kilkenny ; the other, of a Letter from Maynoutb, Aa' *4 c?ar- !
< in Ireland, dated the 20th of Oftober. . ' * '
Thefe Letters are already given at large, from the November.
Lords Journals, at p. 114: But it is obfervable
that the CvmjniJJioners communicated to the King
only that Part of the firft Paragraph of Colo-
mel Jones's Letter to the Speaker, mark'd be-
tween Crotchets, and the whole of the fecond \
all the reft being concealed from his Majefty for
political Reafons.
THE KING'S Paper touching the Expiration of
the Treaty.
CHARLES R. Newport, Nov. i, 1648.
TLJ I S Maje/ly having received your Paper of the
*•* firft of November, finds thereby that the Treaty
ends on Saturday next : And therefore, conftdering the
great Length and Weight of your Papers now deli-
vered, and for that his Majefty hath had no Anfwsr
to bis own Proportions fent to the two Houfes, his
Majefty dejlres to know whether you have received
any Inftruftlons concerning the fame, or for any En-
largement of the Time of the Treaty ; and the rather y
becaufe his Majefty is deftrous, before the giving any
further Anfwer concerning the Buftnefs of the Church,
fo far prejjed by his two Houfes, that the Primate of
Armagh, /& Bijhop of Exeter, Bijhop of Worcefter,
Bijhop of Rochefter, Dr. Femes and Dr. Morley,
may be admitted unto him with all convenient Speed ;
that fo his Majefty may receive all pojjible Information
for clearing his Judgment, in a Matter fo nearly touch*
ing him as that of his Conference.
The COMMISSIONERS Paper, preffmg an Anfwer to
their Propofttitn concerning the Church and the
Tranfaftiom In Ireland.
Newport, Nov. I, 1648.
' T N Anfwer to your Majefty 's Paper given in
' *• this Day, we humbly fay, That we have nut
* received any Inftrudiions concerning your Propo-
128 *fbe Parliamentary Hi STORY
An. Z4. Car. I. c pofitions, nor for the Enlargement of the Time of
l6**'- . J « the Treaty : Therefore, fmce the Time of the
' Treaty is fo near expiring, we again humbly defire
c your Majefty's Anfwer to the Paper, this Day de-
' livered, concerning the Church, and the Tranf-
' actions now on foot in Ireland*
[Sign'd by all the Commijfioneri.]
The KING'S ANSWER to the COMMISSIONERS
DESIRES concerning Lord ORMOND.
CHARLES R. Newport, Nov. i, 1648.
jrN Anfwer to your Paper Delivered in this Day,
•* concerning Ireland, his Majefty faith. That it if
•well known in what Place and in what Condition
he h'ath continued for many Months before the Be-
ginning of this Treaty ; and he doth declare , that ftnce
the firfl Votes pajjed fcY the fame ', he hath not tranf-
ailed any Affairs concerning that Kingdom, but with
you the Commijjioners in relation to the Treaty itfelf.
dnd his Majefy hath alrealy confented, if this Treaty
receive a happy Conclufion, that his two Hoiifes of
Parliament Jhall have the fole ordering arid managing
of the Militia of Ireland, and the Profccutisn of
the War there : And what fo ever his Majefty- hath
confented unto upon thefe Proportions, he did it clearly,
and doth fully refolve to make the fame good, if this
Treaty end in a Peace ; but, in the mean Time, his
Mayfly thinks it not reafonable that hejhould be prefs'd
to make any fuch public Declaration, as by your Paper
is dejired.
COMMISSIONERS Paper, infifting en a more full
Anfwer.
Ne^vport, Ncv. i, 1648.
4 T T AVING thts Day acquainted your Majefty
' 1 1 with the Refolutions of both the Houfes of
* Parliament, upon Information received of the
^Lord of Ormondes Arrival in Ireland, and Pro-
* ceedings there, with Power to treat and conclude
*. a Peace with the Rebels, judged by them to be
4 * ctn-
of ENGLAND. 129
f contrary to an Act of this prefent Parliament, and An. 24 ?**. I.
4 deftru&ive to the fpeedy reducing of that King- *6^' ^
4 dom, and therefore defiring your Majefty's pub- November.
* lie Declaration againft any fuch his Power and
* Proceeding : To which your Majefty's Anfwer
4 doth give no Satisfaction, faying, It is not rea-
* fonable you fhould be prefixed to it at this Time ;
4 which we having endeavoured to make otherwife
4 appear unto your Majefty in the Debate you have
4 been pleafed to have with us upon that Subject,
4 we do again humbly pray your Majefty to give
4 us your full and fatisfactory Anfwer to it.'
[Sign d by all the Commijjisners.]
The KING'S Final ANSWER to the COMMISSION-
ERS PAPER of the firft of November, concern-
ing Ireland.
Newport j Nov. I, 1648..
CHARLES R.
jp*O R a final Anfwer to yru^ as to your Paper of
-*• the firft of. this Month^ concerning Ireland, bis
Majefty faith) "That his Majefty having heard nothing
in Anjwer to his own rropofetions, and having
an fa er eel all the Proportions of his two Houfes^ hath
very little Encouragement to treat upon a neiu Pro-
pofition, l)elng no Part of the Subjefl Matter of this
Treaty : But having givsn you an Anfwer to we fcid
Paper concerning Ireland, and beard your Debate
thereupon, he finds /? fit to adhere to his former
Anfwer : For if .this "Treaty /hall conclude happily , the
•Defer es of his two Houfes will be f idly fat'nfied b) his >
Cwcejftons already made concerning that Kingdom.
Nov. 4. Some more Votes and Refolutions, con-
cerning the Treaty j were this Day agreed to by
both Houfes, viz.
4 i. That the King's Anfwer to the Defire of Vrt(.s tj.ew-
both floufes, for his declaring againft the Pro-uport.
ccedings of the Lord Or'mond in Ireland* is not fn-
tisfadory ; and the Commiflioners are ii rcby au-
thorized and required to acquaint the Kir.,1 he,re-
with, and to prefs him to a tull Conlent: t. to.
VOL. X VIII. 1 2. 'That
1 36 5T^ Parliamentary HISTORY
An 'Cf Os r. !. 2. ' That Dr. VJJier, Dr. Brownrjgg (i), Dn
Pridtaux, Dr. Warner, Dr. F*rw, and Dr. Afor/^,
have the Leave of both Houfes to-go to the
King, and have the Speaker's PafTes to that Piir-
pofe.
3. f That the Commiflioners now in the IJle of
flight, have Power to agree among themfelves
which of them fhall come away and attend the
Houfes ; leaving three there, whereof one Lord and
two Commoners.
4. c That an Inftru&ion be prepared, and fent
to the Commiflioners in the IJle of Wight, to au-
thorize them to prefent the Shorter Catechifm to his
Majefty for his Approbation.
Ordered, < That thefe Votes be fent to the Com-
miflioners, inclofed in the following Letter :'
My Lords and Gentlemen,
1 \\7 E are commanded, by the Lords and Com-
* W mons aflembled in Parliament, to tranf-
* mit unto you thefe Votes inclofed ; and it is their
* Pleafure, and you are hereby authorized, to ac-
' quaint his Majefty with them, and defire his Ma-
' jefty's Confent accordingly. This is all that is
' at prefent we have in Command, who fubfcribe
* ourselves
Your affeRionate Friends
And humble Servants,
MANCHESTER,
Speaker of the Hbufe of Peers pro
Tempore.
WILL. LENTHALL,
Speaker of the Commons Houfe
in Parliament.
* The
ft) The Order for allowing Dr. Brcnvnrigg, Bi/hop of Exeter, to
go jo the King was afterwards revoked, as being a Perfon under
Reflraint. Dr. U/her was then Archbifhop of Armagh, Dr. Pri-
deaux, Bifliop of Worcefter, and Dr. Warner, of Rocbcjler j but the
Parliarrfent did not allow thew to be ftyled to.
^
ENGLAND.
The fame Day the following Letter from the An. 24 Car. I,
Lord-Admiral was received and read. t ' ^' t
November,
to the COMMITTEE of LORDS and COMMONS at
Derby-houfe.
Aboard the St. George at Helvoetfluys,
Nov. ii, 1648.
My Lords and Gentlemen^
T> Y my laft Letter of the firft of November, Advices from the
JD fent by the Dutch Poft, I gave your Lord- J"^°cf0^'.
'
* (hips an Account of Prince Rupert's undertaking ing the Fleet,
* the Engagement of the revolted Fleet. His great
4 Confidence to get out to Sea was quickly check'd
' by the Ships Want of a full Complement of Men
' and Provifions, and by many of the Mariners de-
* dining to go under his Command ; which Ob-
* jcrction was endeavoured to be falved by engaging
* the Duke of York to undertake it ; but God hath
' now broken their Confidence, and I think their
« Defign.
' On Sabbath Day laft, about Eleven at Night,
* the Conjlant Warwick came in and fubmitted to
* the Fleet under my Command, upon Indemnity
' to them that effected it : This being looked upon
* as a very great Preparative to the further diftrail-
* ing and difcouraging of the Revolters, we did,
' on Monday laft, refolve to weigh and go up near
* to HclvoeiJIuys, which on Wednesday we put in
' Execution ; and the fame Night I anchored by
' the Admiral of Holland^ fome other of the Fleet
* thereabouts, and fome took their Births by the
* Revolters. That Night the Hind Frigate came
' in and fubmitted.
* On Thurfday we weighed again, and, about
' the Time that I weighed, the Conftant Rcfor-
* mat ion was under Sail, having flipt her Cable for
* Hafte. I anchored before the Sluice as i; began
* to be dark, and the reft of the Fleet birth* J them-
4 felves as conveniently as they could. At the
* Time of our anchoring, we found the Rforma-
J 3 * tion
1 3 2 'The Parliamentary HISTORY
An. 24 Car. I. < tlon haling into the Sluice, the Roebuck being irt
t__l6^' _ , e before. Next Morning we found haled into the
November. ' Sluice the Reformation, Swallow, Roebuck, Romney
« Frigate, and Blackmore Lady, and laft Night the
' Antelope. •
' Yefterday we forced to Obedience the Love :
' The fame Day I appointed feveral Veffels to do
' their bsft Endeavours for reducing the Satisfac-
' tion ; and laft Night the Commander offered to
' render her, upon granting to fuch as fliould be
* willing, Liberty to go on Shoar with their Bag
' and Baggage ; which I gave Way to, and this
' Morning the Men were carried on Shoar in Boats
* of the Fleet, and PofTeffion delivered.
' I fhall attend here a few Days longer to pur-
c fne fome Opportunities which I hope may not be
* without Fruit, and then I fhall return with the
' Fleet, God willing, into England; in the mean
4 Time I have reprefented our Condition to the
' Parliament's Agents at the Hague, and leave it
' to your Lordftiips Wifdoms to confider what Ad-
* drefles will be necefiary to my Lords the States,
* I fearing the great Ships will receive no fin all
' Damage if they He, long aground j and fo I take
* Leave, refting
Your Lordjhips
Affectionate and humble Servant,
WARWICK.
Debate in the Nov. 4. Great Part of this Day was fpent, by
Houfe of Com- the Commons, in a Debate concerning the State
Sg^VoT""1' and C°ricimon of the Guards then attending upon
Guard for the the Parliament. Notice being taken that they
Parliament j were moftly hired Men, and not Citizens, and
that the Houfes could not repofe their Security in
fuch a Kind of Defence, fome propofed that every
Member fhould go arm'd ; others moved that a
Regiment of Horfe and another of Foot might be
fent for to attend them. Againft this it was ar-
gued,
^ENGLAND. 133
gued, « That bringing Part of the Army thither An. 24- Car. I.
would give Occafion of Diftafte and Jealoufy to . l6*8' ,
the City, .who had fupplied them with Guards November.
out of the Train'd Bands already ; and that if
the ufual Number was not thought fufllcient, more
might be added.' Upon this, Mr. Edward djhe
flood up and faid, ' Mr. Speaker, There is little
Confidence to be had in thefe City Guards : They
are fine Fellows to truft to in fuch a Time as this ;
for I'll undertake twenty refolute Men, well arm'd,
fhall make them all fly like a Flock of Sheep be-
fore a MaflifF; befides, to my Knowledge, moft
of them are hireling, idle People, and many of
them are afraid even to {hoot off" a Gun ; and
therefore I conceive we fhall have little Safety till
we difmifs them, and have Guards from the Ar-
my, which may be conveniently quartered again
at Wkiteha<l and the Mews' To this it was re-
plied, ' That now to quarter Part of the Army in
the King's Houfe and his Stables, would be inter-
preted an Affront to the Treaty, and argue that no
Peace was intended, or that the King fhouid ever
be allowed to return to W^ejlminjltr,'' Another
Member urged, ' That it would be interpreted
likewife as a Defign, either to fright away the more
moderate Members of the Houfe, and thofe that
are Well-wimers to Peace -3 or elfe to over-awe
them from voting according to their Confcicnces,
now the Treaty was drawing to an End.' Here-
upon it was moved, as a better Way, That a Com-
mittee might be appointed to go and confer with
the Common-Council of London and Committee
of the Militia, how the Parliament may be better
fecured, their Commands and Orders put in
better Execution, aud their Authority better fup-
ported. And the Queftion being put thereupon,
it was agreed to, and a Committee accordingly
appointed to go to the Common-Council that
Afternoon.
Nov. 6. The Commons proceeded to name feven
Delinquents to be exccpted from Pardons when
I 3 Mr,
1 34 The Parliamentary HISTORY
An. 24 Car. I. M r> Elackijlon propofed the Marquis of Newcajlle
*6 ' as the firft Perfon ; and in Support of this Nomi-
nation ajledg'-d, * That his Lordfhip was the firft
Fire-brand in the North, and had done the Parlia-
ment more Mifchief there, than all the' Northern
^^q^^^b^^Si and that feeing bis Lordmip
nts to be e*. had a good Eftate, it would be beft to except fuch
ecUrom Delinquents as he was, that the Public might have
°n> the better Bargain by it.' And accordingly the
Houfe refolved that the Marquis fhould be one.
The next Perfon propofed was "James Earl of
Derby. Upon the Nomination of this Nobleman,
fome Members faying, * It would be unreafonable
to prefs the King to except him, and that his Ma-
jefty would never confent to it,'. Mr. Thomas Scot
faid, * Mr. Speaker, my Lord of Derby , 'tis con-
. ' ceiv'd by divers Gentlemen here, will not be yield-
ed to by the King. And what fhould the Reafori
be why the King will not yield' to except him ?
Truly, Mr. Speaker, I cannot conceive *any, un-
lefs it be becaufe my Lord of Derby is his Brother-r
King, being intituled King of the Ijle of Man ; but
he wears a Leaden Crown : And therefore fmce we
cannot do Juftice upon the Golden Crown, truly, I
conceive, Mr. Speaker, we ought to do Juftice, at
leaft, upon the Leaden one ; and fmce we can-
not do Juftice upon the King, I pray you let us
do Juftice upon a Kingling.' But the other Party
would by no 'means yield, alledging, That the
Earl of Derby had no Hand in promoting the Be^
ginning of the War, but was a&ed by other Men ;
that he feemcd not much difaffecled to the Par-
liament till they had difcountenanced him, by put-
ting Lord Wharton into the Lieutenancy of Lanca-
Jhlre^ and Lord Stamford into that of Leicejlerjhire
.(rt), which were both Honours belonging to his
Lordfhip: That he had a<5led little himfelf, but left
his Lady in his Houfe at Latham^ in Lancajhire ;
and retired into the JJle of Man, where he had
not
(a) See the Lift of the Lord Lieutenants of the feveral Counties,
appointed by the Parliament in 1641, in our Tenth
of E N G L A N D. r35
not offended at all, but flood only upon the De- An- *g Car-
fenfive : And therefore it would be Injuftice to ex- , 1 *8'
cept him, unlefs it was admitted to be juft to hang November.
Men merely for their Eftates,' Then the Queftion
being put, That the Earl of Derby be one of the
Seven to be excepted from Pardon, it pafied in the
Negative, by 77 againft 53.
Sir Marmaduke Langdale and Lord Digby were
named next. Againft his Lordfliip it was obje&r
ed, ' That he had been a great Promoter of the
firft War, being the Man that.advifed the King
to defert the Parliament, and retire into the North,
where he fet up his Standard ; and therefore ought,
above all others, to be excepted :' And accordingly
he. was refolved to be the fecond. Againft Sir Mar-
maduke. Langdale it was alledg'd, c That, next to
the Marquis of Newcastle, he had done moft Mif-
chief in the Northern Parts : ' But Alderman Hoyle
of York faid, < That he had done far more Mif-
chief than the Marquis ot NewcaJHe, who had a
Hand only in the firft War ; whereas Sir Marma-
duke was not only active in the firft, but the Ring-
leader of all the Englifh in the laft War : Befides,
the Marquis of Neiycajile and the Lord Digby were
both out of the Kingdom, but Sir Marmaduke was
in their Power ; and therefore it was very necef-
fary he mould become the Subject of Jufticc, fee-
ing the others could nqt be made Examples.' Upon
this a Member informed the. Houfe, That it was
confidently reported that Sir Marmaduke Langdale
had made his Efcape out of Nottingham Ca/lle.
Notwithftanciin.g which, it was refolved that he
fhould be the third excepted Perfon ; the Inde-
pendents giving their Concurrence, hoping this
Intelligence might be falfc, and the King's Party,
as wiftiing it to be true.
Nov. 7. Sir Richard Greenville was propofed to
be the fourth Perfon excepted from Pardon : A-
gainft him it was urged, That he had apoftatized
from the Parliament, carried away their Money, '
and put 60 Men to the Sword, in cold Blood, in
I 4 the
The Parliamentary HISTORY
the Weft of England (h). The Prefbyterian Party
appeared very, warmly againft Sir Richard; but the
Independents, v\ell knowing there were greater
Stumbling-Blccks than him to lay in his Majefty's
Way to an Agreement, faid, Though Sir Richard
Greenville had defcrved an Exception as well as
any, yet having confined themfelves to fo narrow
a Number as feven, it fliould be their Care to ex-
cept only the greateft and moil confiderable Delin-
quents : That Sir Richard was a Alan of imall
Eftate, and fo the pitching upon him would prove
but an ill Bargain to the Public, when more confi-
derable Perlbns fhould efcape fcot-free : However,
it was at laft refolved that Sir Richard Greenville
fliould be one of the Perfons to be excepted from
Pardon.
Next the Houfe refolved to add the following
Provifo to their Vote, of the 20th of October laft,
touching Delinquents, viz. ' That the Declaration
for proceeding, as to the taking away cf Life only
of feven of them, fhould not extend to pardon any
Perfons for Life or Eftate, who have had any Hand
in the plotting, defigning, or aflifting the Rebellion
in Ireland.' To this Vote, thus altered, the Lords
gave their Concurrence.
Then the Commons proceeded to name a fifth
Perfon to be excepted from Pardon ; when David
Jenki:s> Efq; one of the Judges of Wales, was
propofed. He was charged with having condemn-
ed divers Perfons merely for their Affection and
Service to the Parliament, and had been a bitter
Inveigher againft, the Proceedings of both Houfes.
Only one Member fpoke in this Gentleman's
Behalf, who faid, ' He thought Mr. "Jenkins was
able to juftify what he had done, by Law, and for
his own Part he would never confent to condemn
any Man for defending the Law of the Land.' —
But the Houfe refolved that Judge Jenkins fhqulcl
be excepted.
The
fb] Lord Clarendon gives a very particular Account of this Gentle-
man's Character and Conduct. Hifrory, Vol. IV. p. 537.
of E N G L A N D. 137
The Earl of Glamorgan was propofed next, as An- *4 Car.
having not only done much Mifchief in England^ t *_* ' _
but confederated with the Ir'ijb Rebels ; yet he was November.
laid afide, as being comprized in that Proportion
which excepts from Mercy all fuch as had a Hand
in the Irijh Rebellion. Then the Independent
Party named Bifhop Wren^ and the other Mr. John
AJhburnham, but at laft it was voted, by a Majority
of 83 againft 62, that Sir Francis Doddington fhould
be the fixth Perfon excepted,
Then the Marquis of Wincbefter was named,
but this Motion patted in the Negative, without a
Divifion.
Next Mr. Henry Jcrmyn was propofed to be ex-
cepted, as having been amoft intimate Confident of
the Queen in all her Projects, and a great Enemy to
the Parliament : But the other Party replied, That
thofe already named were all Proteftants, and the
Houfe might do well to add fome Papifts in Arms,
therefore they prcpofed Sir John Wintour ; and the
Queftion being put thereupon, it was refolved by a
Majority of 68 againft 48, That Mr. 'Jermyn
fhould not be one of the Perfons excepted from
Pardon; and then it was carried, without a Divi-
fion, that Sir y<jbn Wintour be the feventh.
In the Courfe of this Debate fome Members,
put of Companion to thefe Delinquents, thus
doom'd to the Lofs of both Lives and Eftates, ha-
ving exprefied a Concern, That thereby their Chil-
dren were undone as well as themfelves ; and it
was very hard the Children fhould fufter for the
father's Fault. Mr. Cornelius Holland anfwered,
* That if the Scriptures were to be the Rule of
their Actions, they muft do Juftice upon whole
Families ; and for this Purpofe he inftanced the
Cafe between Saul and the Giboniies, how that
feven of his Sons, though a King, were hang'd
up to fatisfy Juftice for the Sins of their Father.'
And Sir James Harrington moved, That additional
Proportions might be drawn up to except a cer-
tain Number of the new Delinquents alfo from
Mercy, and their Names to be fcut to the King.'
* But
1 2 8 The Parliamentary HISTORY
An. 24 Car. I. But this Bufinefs was put off till the ni'xt Day.
l64*- And accprdingly,
November. ^^ g^ g.f yamgs fjarrington renewed his Mo-,
tion, for making additional Proportions, for ex-
cepting a Number of the new Delinquents out of
Mercy. To which it was anfwered, ' That the
Houfe might fend additional Propofitions, fo as
they were not contrary to thofe already fent; but to
make new Exceptions for Life would contradict
their former Refolutions, whereby the Houfe had
confined themfelves to feven Perfons only.' To
which it was replied, * Though they had voted
feven only heretofore, yet being Mafters of their
own Votes, they might recall or alter them at
Pleafure, upon Occafion.' This the other Party
denied, as being contrary to the Honour and Cuf-
tom of Parliament, to vote and unvote with every
Wind.' After a long Debate, it was refolved, by
a Majority of 100 Voices againft 67, That no more
Perfons Names fhall be presented to the King to be
excepted from Pardon. It is remarkable that
this is the third Inftance of a Motion for an ad-
ditional Number of Delinquents to be excepted
from Pardon, being over-ruled,
An<! on a Motion Nov. Q. Mr. Holland moved, That fuch Per-
for bamfcing the fonSj named in the firft Branch of the Propofition
concerning Delinquents, except the feven that are
excepted from Pardon, as are now beyond Seas,
fhould not return, but ftand banifhed the King-
doms of England and Ireland^ the Ifles of Guernfey
and Jerfey^ and the Town of Berwick ; unlefs it
be otherwife ordered by both Houfes of Parliament :
But this Motion was carried in the Negative, by
52 Voices againft 49. And then it was refolved,
without a Divifion, * That all Perfons, named
and comprized in the firft Branch of the Propofi-
tion concerning Delinquents, be removed from
his Majefty's Councils, and reftrained from com-
ing within the Verge of the King's," Queen's, or
Prince's Courts j and that they ma^ not, with-
4 out
^/ENGLAND. 139
out the Advice and Confent of both Houfes of the An. 24 .Car. I.
Parliament of England, bear any Office, or have t * 48> t
any Employment, concerning the State or Com- November,
raon wealth : And in cafe any of them (hall offend
therein, to be guiky of High Treafon, and inca-
pable of any Pardon from his Majefty, and their
Eftates to be difpofed of as both Houfes of the
Parliament of England fhall think fit.' This Re-
folution was fent up to the Lords, who gave their
Concurrence.
The fame Day, Nov. 9, a Letter from the Com-
miffioners in the IJle of IVight, with the following
Papers inclofed, were read in the Houfe of Lords :
For the Right Hon. the Earl of MANCHESTER,
Speaker of the Houfe of PEERS pro Tempore.
My Lord, Newport, Nov. 6, 1648.
' T PON Receipt of yours of the 4th Inftant, More Paper*
'- V/ we have, according to your Directions, ac- from the Com-
* quaintcd his Majefty with the Votes and Refolu- Jriflione''s, COI>-
* tions then fent to us, and have agreed amongft EJX??^
4 ourfelves concerning fuch of our Number that pofition for the
' are to attend the Houfes ; and, by them, we fend church 5
f your Lordfliips our Proceedings upon the Propo-
' fition concerning the Church, and other Papers,
' and fliall purfue the Inftruftions we have lately
' received, and give you an Account therof, from
6 Time to Time, as there (hall be Occafion ; anJ
\ fo we reft, &c.
[Sigftd by all the CommiJ/ioners.]
The COMMISSIONERS PAPER, defiring to know the
King's particular Exceptions as to the Church.
Newport, Nov. 3, 1648.
are commanded, by the Houfes of Par-
liament, to defire your Majefty to exprcfs
' your particular Exceptions to the Ordinances
« mentioned and contained in the Proportion con-
* cerning the Church, that being reduced to Cer-
The Parliamentary Hi s T o R v
tainty, and ftated, they may be returned to the
Houfes,' r Signal by all the Commifjionen .]
November;
His MAJESTY'S ANTSWER.
CHARLES R. NcwPort» Nov- 4, 1648.
7"AT Anfwer to your Paper of the third of No-
"*• vember, delivered in late Icift Nighty wherein
you defire his Majejiy to express his Exceptions to
feveral Ordinances mentioned in your Proportion
concerning the Church ; his Majejly faith-) That
thoje Ordinances being many and large , and finding
that after this Day you can receive no more Papers
without farther InJlruFtions, his Majejly conceives
Inmfelf fo limited in Time, that he cannot fo fuel-?
denly give you his particular Exceptions to the faid
Ordinances.
The COMMISSIONERS REPLY.
Newport , Nov. 4, 1648.
« XTTfHereas we, by our Paper of the third Inft.
* defired your Majefty to exprefs your par-
' ticular Exceptions to the Ordinances mentioned
* and contained in the Proportion concerning the
* Church, unto which your Majefty, by your
* Anfwer thereunto this 4th Inftant, is pleafed to
' fay, That thofe Ordinances being many and large, and
* that after this Day we can receive no more Papers
' without further Inftruftions ; and therefore conceive
' y our f elf fo limited in Time, that your Majefty can-
' not fo fuddenly give your particular Exceptions to the
' faid Ordinances ; we humbly conceive thofe Or-
' dinances, having been many Days fince the Be-*-
* ginning of the Treaty in your Majefty's Hands,
* and under your Majefty's Consideration, the fame
' cannot be new unto your Majcfty ; and therefore
* we again humbly defire your Majefty to exprefs
* your particular Exceptions to the faid Ordinan-
' ces, as by our faid Paper of the third Inftant we
* have formerly defired.'
[Signed by all the Commiffionen.]
of ENGLAND. 141
The KIN G'S ANSWER to the foregoing. An- 24 Car. f.
1049.
CHARLES*. Newport, Nov. 4, 1648. ^^
I^ 0 R a final Anfwer to you, as to your Paper
•* of this $th Injlant, whereby you do again defire
his Majefty to exprefs bis particular Exceptions to
the Ordinances mentioned in the Propofition concern-
ing the Church^ his Majejly faith. That, by his An-
wer of the qth of October, he did exprefs the ge-
neral Reafons why he could not confent to the faid
fever al Ordinances in the Form they are now penned^
and that he heard no more thereof \ until he received
your Paper late in the Evening lajl Night ; fo that
though thofe Ordinances have been many Days in his
Majejlfs Hands, and are not new to him, yet this be-
ing the lajl Day wherein you, by your InflruSiions,
can receive any Papers from him, his Majejly can-
not, in fo Jhort a Time, review the feveral Ordi^
nances, andjlate the particular Exceptions thereunto ;
and therefore he adheres to his former Anfwer
therein.
The KING'S PAPER, to know if the COMMIS-
SIONERS had received any Inductions concern-
his PROPOSITIONS.
CHARLES R. Newport, Nov. 4, 1648.
T7/5 Majr/Iy's Proportions delivered unto you the' And the King'*
•* -* ijth of O&ober, 1648, having been tranf- °.un P
mitted by you to his two Houfes ; and his Majcjiy tlons'
having received no Anfwer thereunto, he defircs to
know whether you have yet received any InJIrucJions
concerning the fame.
77)e COMMISSIONERS ANSWER.
Newport, Nov. 4, 1648.
c TN Anfwer to your Majcfty's Paper delivered in
' A to us this 4th of November Inftant, whereby
' your Majefty defires to know whether we have
* received an/ Inftructions concerning your Ma-
1 42 ¥he Parliamentary H r s T 6 R V
An. z4 Car. I. < jefty'sPropofitions tranfmitted by us to both Houfes
*648' < of Parliament, we humbly fay, That we have not
November. ' 7et ^ceive<^ any Inftru&ions concerning the fame."
[Sirtfdby all the Commijffioners.]
The KING'S laft PAPER, in Anfwer to the Bufi-
nefs of the Church.
CHARLES R. NewPort; Nov' *» l648°
77 0 R a final Anfwer to you, as to your Paper of
•* the firjl of this In/tant, and the Votes therein
mentioned concerning the Church, his Majejly faith,
That his Concefftons, intended by his former Anfwery
were larger than are exprejjed in that Paper , and
tnif apprehended in thefe Particulars following, viz.
He neither did nor doth intend to make any new
Bijhops during the Term of three Tears, nsr, at thf
End of three Years; that the Power of Ordination
Ikould be prattifed in the old Manner as formerly ; for
that heretofore the Bijbops were at Liberty to call
zvhat Prejbyters they would to affift in Ordinations,
but were not bound to their Council or Confent. But
his Majejly doth now intend, and will c&nfent, that
Bijhops Jhall not receive any into Holy Orders with-
out the Confent of a limited Number of Prejbyters,
to be chofen in fuch Manner as Jhall be agreed on by
his Majefty and his two Houfes for that Purpofe.
Neither did his Majejly intend that, after the
End of three Years, no certain Way JJwdd be fettled
concerning Ecdefiajlical Discipline and Government ;
far that his Majejly did propofe, during the three
Tears, to have a Confutation with the AJJembly of
Divines, twenty being added of his own Nomination ;
which if his two Houfes Jhall refolve to entertain,
It cannot well be doubted but, upon their Debate,
fuch a Government will be agreed upon by his Ma*
jefty and his two Houfes, as Jhall be bejl for the
Peace of the Church, and mojl proper to prevent thofe
Di/lraftions which his two Houfes apprehend may
tnfuf.
of ENGLAND. 143
As to that Part of the Ptopcfition concerning the An- 24 Car- r-
Book of Common Prayer ; for the Satisfaction of his ^__ **68' ,
two Ho 'tiff s, his Majejly will not infi/l upon any Pro- November.
vifion for the Continuance of the fame in his Majejly's
Chapel for himfelf and his Hou/hold ; neverthelefs his
Majefty declares that he intends to ufe fame other fet
Form of Divine Service.
And as to that Part of the Proportion, That an
Aft or AtJs be paj/ed for ajlrifler Courfe to prevent
the faying or hearing of Mafs in the Court or any
other Part of this Kingdom, or the Kingdom of Ireland j
his MajeRy will confent thereunto. As to all other
Particulars in your Paper mentioned, his Majefty
hairing, in his former Anfwers, confented fo far as
pojjibly he can, as he Jlands at prefent perjuaded in
his judgment, doth refer himfelf thereunto. And
Jince his Majejly, by his ConceJJions, hath brought all
Differences concerning the Church into fo narrow a
Compafs, that the chief vifible Olfruilion is that
•wherein really in Confcience he is not fatisfied, he hopes
his two Honfes will not put farther PreJJures of fo
.tender a Nature upon him, when it is moft likely that
Time and Debate will happily reconcile all thofe Dif-
ferences.
Newport, Nov. 4, 1648.
* T TfAving received your Majefty's final Anfvvpr
* 1 1 to our Paper of the firft of this Inftant,
' concerning the Church, and likewife to our Pa-
* pers of the fourth of this Inftant, touching your
* Majefty's particular Exceptions to the Ordinances
' concerning the Church, we (hall communicate
* them to both Houfes of Parliament.'
[Stgn'dty all the Commijfioners.]
All the Parliament's Commiffioners were now Moft of the P»r-
to London, except the Earls of N'orthur?il>er-lnmenCs^m-
Middkfcx, the Lord Wenman, Mr. /M
Mr. Pierpoint, and Mr. Crew, who ftaid in the'
//If of J fright, in confequence of the Refolution of
both Houfes of the 4111 of this Month.
When
The Parliamentary HISTORY
I. When thefe Lords and Gentlemen took, their
Seats, the Speakers of both Houfes repetitively
November. were ordered to give them Thanks for their great
Pains and Induftry, and faithful Difcharge of the
Truft committed to them. Upon this Occafion
Their Report of they reported, That when they took their Leave
whatpaffedat o'f the Kins;, on the 4th of this Month, his Ma-
Jefty faid» ^That he ^°Ped they were now fenfible'
that none was more defirous of a good and lafting
Peace than himfelf j that he had gone very far to
give his two Houfes Satisfaction ; that he thought,
though the Time for the Treaty was ended, yet
the Treaty itfelf was not, for. that he expected
to hear from his two Houfes about his own Pro-
pofitions ; and would be ready to make his Con-
cefllons binding, by giving them the Force of
Laws.'
' That his Majefty defired, they would put a
good Interpretation upon his vehement Expreflions
in fome of his Debates, there being nothing in his
Intentions but Kindnefs j and that as they had
taken Abundance of Freedom, and fhewed great
Abilities in their Debates, which had taken his
Majefty oft from fome of his own Opinions ; fo
he doubted not, had they had Power to recede,
forne of his Reafons would have prevailed with
them, as he is confident, had it been with his two
Houfes, it would have done with them : And there-
fore befought them to take the fame Freedom with
his two Heufes, to prefs them with a Compliance
with him in thofe Things his Confcience was not
yet fatisfied in, which more Time might do, his
Opinion not being like the Laws of the Medes and
Perfians^ unalterable or infallible.'
* That his Majefty added his very hearty
Thanks for the Pains they had taken to fatisfy
him, profeffing that he wanted Eloquence to com-
mend their Abilities. He defired them candidly
to reprefent all the Tranfaclions of this Treaty to
his two Houfes, that they might fee nothing of
his own Intereft, how near or dear foever, but
that
cf ENGLAND. 145
that wherein his Confcience was unfatished, could An. 24 Car. r.
hinder, on his Part, a happy Conclufion of this
Treaty.' November.
Nov. 10. The Commons refumed the Debate
touching the Banimment of fuch Perfons, who had
been in Arms againft the Parliament fmce the firft
of January , 1647. Some Members propofed that
the Number of them ftiould be 100; Come 60 ;
others 40 ; fome 30 j others 20 ; but at laft it was
agreed to banifh only feven. Then the Houfe pro-
ceeded to name the Perfons, and agreed upon the
Earl of Holland, Lord Goring (a], Lord Capel,
Henry Ha/lings, Efq; (I) and Sir Henry Lingen,
without a Divifion. Sir John Beys was named, but
not agreed to ; next Lord Wlllougbby of Parkam
was propofed, but it parted in the Negative by 49
Voices againft 33. Then Major- General Laugh-
arne was agreed to be the Sixth, by a Majority of
45 againft 35 ; and Sir John Owen was voted to be
the Seventh, without any Divifion of the Houfe.
Next it was refolved, that no Perfons who have
been engaged in, or aiding or affifting to, the late
War againft the Parliament, either by Sea or
Land, fince the firft of January laft, (hall be ad-
mitted to a Competition for Delinquency, but at
a full Years Value more than other Perfons who
(hall be in the fame Qualification with them.
Then the Commons further refolved, that James
[Duke of Hamilton] Earl of Cambridge, be fined
the Sum of 1 00,000 /. and kept clofe Prifoner till
he pay the fame : To the firft of thcfe Refolutions
the Lords gave their Concurrence, but demurred
to the other.
When the Parliament voted an Addition of four- The Parliament
teen Duys to the forty, firft allotted for the Treaty, JjJJa^JJ h
they borrowed 4000 /. of the City of London for Treaty.
VOL. XVIII. K defray-
"\ after the King left LtrJcr,
(<0 Cteat-d F.arl of Norwich, I and therefore tliefc Titles
(b) Created Baron of Leugbttrwgb, J were not allowed by thePar-
) liamBnt.
1 46 The Parliamentary HISTORY
An. »4 Car, I. defraying the neceflary Expences thereof: And this
l648' j Day an Ordinance parted both Houfes for fecuring
November. tne Repayment of the Money, out of the fame
Fund as had been mortgaged for the 1 0,000 /. bor-
rowed at the Commencement of the Treaty, which
was that of Delinquents Eftates*
Nm- **' The Commons, took intd Confidera1-
Anfwer concern- tion the King's Anfwer of the 4th of this Month,
ing the church. to the Exceptions of both Houfes, prefented to
him by the Commiflioners in the IJle of Wight, to
his former Anfwers to the Propofition concerning
the Church ; and the fame being read, Mr. Scot
took Notice of that Paflage wherein the King pro-
mi fed to forbear the Ufe of the Common Prayer in
his own Chapel, but declared he would ufe fome
ether Form, and not the Directory ; and a'Jded^
' That, in his Opinion, all Forms were Antichrif-
tian/ Other Members allowed of Forms in ge-
neral* but not any particular one ; amongft thefe
the moil remarkable was Sir Henry Vane, fenior,
who urged, • That the King might be pfeffed td
give an Account what Form he intended to ufe, be-
caufe it might not only be contradictory to the Di-
rectory, but even mofe Popifh than the Common'
Prayer itfelf.' Upon the whole the Houfe came to
the following Refojutions :
1. « That his Majefty's laft Anfwer of the 4th
Inftant, as to that Part concerning Bifhops, Church
Government, and Difcipline, is unfatisfadtory.
2. « That his Majefty's- Anfwer to that Part of
the Propofition concerning the Book of Common
Prayer, wherein he declares, He will not infift upon
any Provifion for the Continuance of the fame in his
Majejly's Chapel, for himfelf and his Houjhold, is fa-»
tisfa&ory.
3. ' That this Claufe in the King's Anfwer,
touching the Book of Common Prayer, viz. Ne-
verthelefs his Majfjly declares, that he intends to ufe
fome other fet Form of Divine Service^ is not fatif-
factpryv
4. « That
of ENGLAND. 147
4. « That his Majefty's Anfwer to that Part of An. 24. Car. I.
the Propofition, That an Att or Atts be pa/ed for . l6*8- t
fijlrifler Courfe to prevent the faying or hearing of November.
Mafs in the Court, or 'any other Part of this King-
dom, or the Kingdom of Ireland, wherein he declare.3
fee will confent thereunto, is fatisfaclory/
5. < That that Part of his Majefty's laft An-
fwer to the Propofition and Votes concerning the
Church, viz. As to all other Particulars in your
Paper mentioned, his Majejly having, in his former
Anfwers, confented fo far as pojpbly he can, as he
Jiands at prefent perfuaded in his Judgment, doth
refer himfelf thereunto ; and fince his Majejly, by
his ConceJJions, 'hath brought all Differences concern-
ing the Church into fo narrow a Compafs, that the
thief viftble ObftruRion is that wherein really in Con-
fcience he is not fatisjied; he hopes his two Houfes will
not put further Preffures of fo tender a Nature upon
him, when it is moft likely that Time and Debate will
happily reconcile all thofe Differences, is not fatisfac-
tory ; and that the Commiflioners be hereby au-
thorized and required to acquaint his Majefty here-
with ; and to prefs him to a full Confent to the
Propofition concerning the Church.
In the Courfe of the foregoing Debates, feveral
Infinuations had been thrown out, as if the Earl
of Warwick was not hearty in the Iritereft of the
Parliament, in regard of his not having attempted
to fight the revolted Part of the Fleet commanded
by the Prince of Wales: And this Sufpicion was
now become fo general, that his Lordfhip thought
it neceflary to vindicate himfelf from the Charge,
by publifhing the following Declaration :
AboArd the St. George /;/ fJelvoet-Sluys,
November n, 1648.
1 l_JAvi"g ^is Day feen a Letter from London, 2£v2ET
* 1~1 dated the third of this Inftant November, tion of himfclf
* importing, That there is a Pamphlet printed, in- fl"0™ the chlree
* • 1 j ^ i~» ; • t*i r> t f TIT • i of his intending
* utuled, A Declaration of the Earl <?/ Warwick, tojointbeplillCB
K 2 fnewlng of Wales.
Parliamentary HISTORY
; Jhewing his Refolution to join with the Prince, if the
' Treaty take no EffeH, I thought myfelf bound to
November. ' ta^e Notice of it, being fo horrid a Reflection
* upon my Honour, snd wickedly afperfing me
' with a fuppofed Refolution, fo repugnant to the
* Truft which I hold under the Parliament : And
* therefore I do hereby declare, That as both
* Houfes of ParUament have been pleafed to in-
' truft me with the Charge of the Fleet, fo I have
' endeavoured to improve that Authority commit-
* ted to me, with a faithful and inviolable Refpect
' unto my Duty.
« When I firft undertook this great Charge, I
' was fully fenfible how the Caufe of Truth, the
' Glory of God, the Settlement of my Country's
' Peace, and the preventing of the bloody and
* defperate Defigns of the Enemies thereof, de-
' pended upon the Management of this Expedition \
' and how much I was obliged in Confcience and
' Honour to omit nothing that might have a Ten-
* dency to thofe Ends : That Obligation I have,
4 according to my beft Reafon and Judgment,
* faithfully difcharged ; and, by the Blefling of
* Heaven, received this Fruit, notwithftanding the
* many Obftruclions and Difficulties that inter-
* vened, that the Honour of the Parliament by Sea,
* is cleared ; the Fleet committed to my Charge
* preferved in a Condition of Honour and Safety;
* the Affections of the Seamen fettled ; the Defign
* of thofe wicked Revolters, that perfidioufly be-
« trayed ib confiderable a Part of the Kingdom's
* Navy, broken ; and fuch as affociated with them,
' either rendered or reduced, other than thofe few
' that for a while have bafely flickered themfelves
' within the Sluice at Helvoet, and one that was
* out of that Harbour when I came into it.
' As to the pretended Refolution of my joining
' with the Prince, in cafe the Treaty ihould not
' take Effect, falfly charg'd upon me by that Pam-
' phlet ; I do profefs in the Prefence of God, who
* knows my Heart and Ways, that it never entered
* into
of E N G L A N D. 149
' into my Thoughts: and that my Soul abhors it, An. 24 Car.
* as inconfiftent with my Duty, prejudicial to the v ] "
1 Parliament, deftru&ivc to the Kingdom's Peace, November.
c and unworthy of E freeborn Englijhman j being
* confident that the Parliament will omit nothing
' on their Part to make the Iflue of the Treaty,
* by God's Blefling, fuccefsful and happy : And
* therefore, as I have hitherto been faithful to the
' Kingdom, and to the Parliament where I have
* the Honour to fit as a Peer; fo I do and (hall
* fcorn to facrifice my Confcience, and thofe pub-
4 lie and dear Concernments of my Country,
* wherein I have a Portion, to this mifled Fancy
* of any Perfon, of what Rank, Quality, or Con-
* dition foever ; and while I have a Heart and Hand,
4 I (hall not fail, by God's Afliftance, to have them
1 on all Occafions lifted up for the Service of the
* Parliament, and common Intereft of England^
* with my utmoft Integrity, and to my higheft
* Hazard ; and my Actions (hall confute the Lies
e and Jealoufies as well of that falfe Author, as of
' any others, who, either from an Ignorance of my
' Proceeding, or perhaps from a Senfe of their own
' Guilt, dare take the Freedom in thefe Times,
* wherein the Tongue and Prefs aflume fo luxuri-
' ous a Latitude, fo unjuftly to befpatter my Ho-
' nour and Intentions ; to vindicate the Sincerity
' whereof I fhall commit myfelf to him that judgeth
'righteoufi-y. W A R w'l C K.
Nov. 14. This Day the Hotifc of Lords recei-
ved a Letter, dated the nth Inltant, from the Earl
of Northumberland, one of the Commiffioners then
attending upon the King in the Ijle of TPigbt, fig-
nifying that he had prefented to his Majefty the
Reiolutions of both Houfes of thefecond and fourth
of this Month (a] (which we have already given
K 3 under
(a) The Resolutions of th« firft of this Month, relating to Delin-
quents, were not prefented to the King till the twenty-third, on
account of the Uifpute between the two Houfes concerning the
f«ven Perfons who fliould be CXCtpted from Pardon, which vas nul
fully agreed till the airt.
150 The Parliamentary HISTORY
An. 24 Car. I- under their proper Dates) : That his Majefty ha4
1648^ ^ agreed to the Continuance of the Treaty for four-
November. teen Days longer ; that finding his Anfwer, of the
2ift of Oftobcr, concerning the Nomination of
The King's An- Officers, not to be fatisfa&ory, he had agreed to
RefobtionsTf conf"ent to the fame in the Manner defired by the
the Parliament Parliament, fo as that Nomination be limited to
twenty Years: That his Majefty had alfo con-
fented to the Refolution relating to the taking
away the Court of Wards and Liveries : and had
given the following Anfwer concerning th,e Cate-
chifm :
touching the
Votes of both
Proofitions,
CHARLES R. NewPort> Nov« I0>
f?0 R a final Anfwer concerning the Caiechif?n, pre-
•* fented to bis Majefty on the 8tb Inftant, he calling
to Mind his Proportion concerning the Confutation to
be had with the Affembly of Divines^ ivkerein this, as
lyell as other Things of this Nature, may be confidered
and farther ejlahlljhed^ giyes his. Approbation t&er.e-
unto as is defired.
Nov. 15. The Commons pafled the following
Refolutions, in Anfwer to the King's Proportions :
1. « That from and immediately after the King
!M1 have confented unto the Defires of the two
Houfes upon the Treaty, and ratified the fame by-
Adi or A£ts of Parliament, all his Houfes, Ho-
nours, Manors, and Lands, with the growing
Rents and Profits thereof, and all other legal Re-
venues of the Crown, fhall be reftored unto him,
liable to the Maintenance of antient Forts, and
all other public and legal Charges, which they
were formerly charged withal or liable unto1; with
an Exception of fuch Caftles and Forts, as are now1
garrifoned, and of fuch Places for public Maga-
zines and Stores as are now made Ufe of, for fo
long Time as both Houfes fhall think fit to make
ufe of them for the necefTary Defence of the King-
dom.
2. ? That the King fhall have Compenfation for
thofe legal growing Revenues and Profits of the
Crown,
tf ENGLAND. I5i
Crown, which he hath or fhall «onfent to part An. 24 ear. i
withal for the Satisfaction of both Houfes in this . ,l6^4'
Treaty, in fuch Manner and Proportion as by the November.
King and both Houfes fhall be agreed upon.
3. « That the King fhall be fettled in a Conr
dition of Honour, Freedom, and Safety, agreeable
to the Laws of the Land.
4. ' That an A& of Oblivion and Indemnity be
pafted, to extend to all Perfons for all Matters,
with fuch Limitations and Provifions as (hall be
agreed upon between his Majefty and his two
Houfes of Parliament ; provided that it be declar-
ed by Act of Parliament, .that nothing in thefe
four Propofitions, por any of them thus confented
unto, is intended or (hall be made life of to abro?
gate, weaken, or anywife impair any Agreement in
this Treaty, or any Law, Grant, or Conceflion,
agreed upon by the King, and the two Houfes of
Parliament, in purfuance thereof/
The above Refolutjons, together with thofe
pafs'd on the 1 1 th, upon the King's laft Anfwer
touching the Church, were carried up to the Houfe
of Lords, who gave their immediate Concurrence
to them all j and they were ordered to be forthwith
fent away to the Commiffioners in the Jjlt of
Wight) to be prefented tq the King,
The fame Day, Nov. 15, th,<? Lords pafled an Or- An ordinance
dinance for baniming the Earl of Hofanh the Lord for banishing it-
Goring and the Lord Capd\ and likewife 'agreed v
to a Vote of the Commons, for inflicting 'the fame
Punifhment on Sir Henry Lingen, Henry Ha/tings,
Efqj Major-General Laugbarn, and Sir John Owen.'
Becaufe there might be no Obftruction in the Trea-
ty, the Lords faid that they had parted this Ordi-
nance for baniming the three Peers ; fmce, being
Members of their Houfe, it was fit to begin there
firft, and not by Vote from the Houfe of Com-
mons. But this Ordinance was rejected by the
Commons upon the firft Reading, who ordered
K 4 another
November.
Parliamentary HISTORY
another to be brought into their own Houfe for
banifhing the three Lords, as well as the four
Commoners ; for which, afterwards at a Confer-
ence, they gave this Reafon, That their Vote for
the Bunifhment of thofe {even was fent to the Lords
for their Concurrence, only that they might be Part
of the Anfwer to the Proportion concerning De-
linquents j and no prefent Judgment upon thofe
Perfons. Hereupon the Lords withdrew their own
Ordinance, and gave their Concurrence to that fent
up by the Commons, the Earl of Mulgrave and the
Lord Hunfdon entering their Diffent.
Nov. 16. A Letter from Colonel Hammond^
concerning the King's Parole, was read.
For the Right Hon. //^COMMITTEE at Derby-.
Houfe.
Carljbwke, Nov. 9, 1648.
Jldy Lords and Gentlemen^
A Letter from « f~> I V E me Leave to acquaint your Lordfhips,
Col. Hammond, < \jf ^ ^ p before ^ Tjme former]y limi_
relating to tnc « - . ,— » . - _ f *
King's Parole ted f°r the 1 reaty ended-, and before it was known
'here to be renewed, I thought it my Duty (in re-
' gard of the great Truft the Parliament put upon
' me, in receiving, on their Behalf, the King's Pa-
e role ; and becaufe there was not any that could
' pofitively witnefs to the Circumftances of the En-
' gagement, except Sir Peter Killigrew) to move
' the King to confirm his Parole, and acquaint the
* Cornmiiftoners of Parliament that he had fo paf-
' fed his Word, as defired rnd ordered by both
' Houfes, which accordingly he did, as the faid
' Honourable Commiilioners will better inform
* your Lordmips ; the next Day, and at the Com-
* miflioners taking their Leave of the King, I
* having had Intimation of a Queftion or Doubt,
' whether Guards (as was pretended argued a Di-
* ftruft) being kept upon the King, his laid Parole
* was not thereby made void, I prefied the Kino;,
' before them, to declare whether he made any
* fuch
sot to leave the
Me of Wight.
of E N G,L A N D. 153
* fuch "Queftion j if fo, that he would be pleafed -An. 24 Car. i.
* to declare it. He feeming fomewhat furprized, l6*8' M
* defired Time to confider it ; profeffing not to November.
* have thought on it before : But I perceiving the
* Danger of fuch a Referve, preffed him with great-
' er Earneftnefs to a clear Declaration of himfelf
' in the Point ; telling him, that otherwife his
' Parole fignified nothing ; and defired his politive
' Anfwer, as the Cafe now ftood with him. His
* Majefty avoided it long. I then told him, That
* if the Centinels at his Door, (I having kept no
* other fince the Engagement of his Word) were
' offenfive to him, I would abfolutely clear him
' in that Queftion. He feemed to make a Scruple
* they fliould be taken off, they being only fet to
' keep People from preffing into his Lodgings, and
' placed, at a further Diftance, with the Guard
* that is kept to preferve his Majefty's Perfon from
4 Violence ; affuring him I only depended on his
* Word, which the Parliament had pleafed to ac-
' cept, for his not removing out of the Ifland. I
' told him it would be then more clear, and that
' four of five feveral Times : At length, upori my
* Importunity, not being to be fatisfied with a doubt-
' ful Anfwer, he concluded himfelf to be obliged by
* his Parole if the faid Centinels were taken away ;
' which I then promifed him, before the Commif-
' fioners, fhould be done j and accordingly it was
' immediately obferved.
* My Lords, I thought it my Duty to give your
* Lordfhips an Account of thefe Paflages, efpeci-
' ally hearing there is likely to be a Renewal of the
' King's Parole for fome longer Time; that if your
' Lordfhips fee Caufe it may be fo put to him, upon
' Renewal of his faid Parole, as may take off all
' fuch Refervations, which poflibly may otherwife
* tend to the Difadvantage of the Parliament. I
* am,
Your Lordflrips humble Servant,
ROBERT HAMMOND.
Upon
The Parliamentary HISTORY
Upon reading this Letter, both Hou(es refolved,
That the King's Parole, given to the Governor of
the IJle of Wight, doth bind him to a Refidence in
that Ifle for twenty Days after the Treaty (hall be
ended ; notwithftanding any Addition that hath
been, or fhall be, made by both Houfes for con-
tinuing the Treaty any longer than the forty Day*
firft appointed. They alfo agreed to the following
Anfwer to Col. Hammond's Letter, which was or-
dered to be fent to him immediately.
S/R, London, Nov. 16, 164?,
4 \7 OUR Letter of the Qth Inftant, direfted to
4 Y the Committee at Derby-Houfe, touching
* the Klpg's Parole, being communicated to both
4 Houfes of Parliament, they have commanded us
' herein to convey unto you their Refolution con-
* cerning the fame, Which is here inclofed ; and to
4 fignify to you, that their Pleafure is you fhould
* propofe ip £he King, that his Majefty may de-
* clare the like j whofe pofitive Anfwer thereunto
4 you are to' fend to the Houfes, on Monday next
4 at the fartheft.' :
4 We are commanded, by both Houfes of Par-,
4 liament, to return you hearty Thanks for all your
4 faithful Services to the Parliament and Kingdom
4 in relation to the great Truft repofed in you ;
4 which they take fpecial Notice of, and to be ma-
4 n aged and carried on by you with great Prur-
4 dence, and with fmgular and conftant V;igilancy
« for the Public Good. We 'are to allure you of
4 the Efteem of the Parliament, both for ' you and,
4 them, and remain
Tour affeElionate Friends,
MANCHESTER,
Speaker of the Houfe of Lords,
WILL. LENTHALL,
Speaker of the Commons Houfe
in parliament.
Nov.
*f ENGLAND. 155
Nov. 17. Both Houfes refolved, That the King's An. 24 c«. I,
laft Anfwer to the Propofition for the Nomination ^_ ^^
of public Officers was fatisfaclory. November.
The fame Day the following Letter, from the
Committee of Eftates in Scotland, was ordered to
be printed and pablifhed.
7i the Right Hon. the LORDS and COMMONS af-
fembled in the Parliament 0/* England.
Edinburgh, Nov. 7, 1648.
Right Honourable,
* \ S we are very fenfible of the Benefit and A Letter from
' l\ Advantage afforded to this Kingdom, againft^^™^
* the Enemies of the Peace and Happinefs of both Scotland, com-.
? Nations, by the coming hither of your Forces finding the
* under'tl>e Command of Lieutenant-General Cram-
1 well and Major General Lambert, fo we hold it
* §tting^ when, the Condition of our Affairs and
* Pofture of our Forces have now permitted their
* Return., to render them this deferved Teftimony^;
f and to acknowledge that the Deportment of the
' General Officers, Under Officers, and Soldiers,
' in their coming into this Kingdom, during their
' Abode amohgft us, and their Return to England,
* hath been fo fair and civil, and with fo much
' Tenderriefs to avoid all Caufe of Offence, arid to
' preferve a right Underftand ing between the King-
' doms, that we truft, by their Carriage, the Ma-
' lignant and Difaffedled (hall be convinced and dif-
' appointed, and the Amity of both Kingdoms
* ftrengthened and confirmed ; which we {hall like-
' wife, on our Part, inviolably ftudy to prcferve,
' and to witnefs that we are
Tour very affetllonate Friends
and bumble Servants,
6ignd in the Name, and by
Command, of the Com~
mitteejf EJlata, by LOUDQN, Cane.9
156 *The Parliamentary HISTORY
An. 14 Car. I. Nov. 18, The Commons refolved that the
*648< Treaty be farther continued till Saturday the i5th
^November. Inftant, inclufive, to which the Lords gave their
Concurrence ; and a Letter was ordered to be fent
to their Commiffioners accordingly.
Nov. 20, The following Papers, from the Com-
mifiioners in the JJle of Wight, were read in both
Houfes.
The COMMISSIONERS PAPER defiring his MajeJIy'i
fuller Anfwer about the Marquis of Ormond.
Newport, Nov. n, 1648.
Paperi between « "IT 7 E are commanded, by both Houfes of Par-
the King and the e yV liament, to acquaint your Majefty, That
Commiffioners, * >T°ur Anfwer to their Defire, expreffed in a Paper
touching the * of the firft of November, Inftant, for your de-
i claring againft the Proceeding of the Lord of
* Ormond in Ireland, is not fatisfa&ory ; and there-
' fore we do again humbly defire your Majefty '%
* full Confent thereunto.'
[Signed by the Commijftoners.'}
The KING'S ANSWER.
CHARLES R. Newport, Nov. 16, 1648.
Tj*O R an Anfwer to you, as to your Paper of the
•** i\th of November, concerning Ireland, his Ma-
jejiy faith, That he hath, by his former Anfwer con-
cerning the Kingdom of Ireland, (which his two
Houfes have voted to be fatisfattory) declared and
made void all Treaties and Conclufions of Peace, or
any Articles thereupon, with the Rebels, without the
Confent of both Houfes of Parliament ; and to fettle
in them the Power of the Militia, and the Profe-
cution of the War there; whereby, upon Conclusion
of this Treaty with Peace, the Deftres of his two
Houfes in that Particular will be fully obtained,
and his Majejly will then command the Marquis of
Ormond to deftft from any Treaty or Proceedings :
And in cafe he jhatt refuse, (which he 'a fares him-
of E N G L A N D. 157
felf he will not) his Majcjty will make fucb public An- *4 Car. J.
Declaration again/I his Power and Proceedings as is v___ _,
now defired : But, until fucb a Conclujion^ his Ma- November.
jff.y defires he may not be farther prejjed in that Par~
ticular.
The COMMISSIONERS REPLY.
Newport , Nov. 16, 1648.
4 f"TAving received your Majefty's Anfwerof the
* I. J. 1 6th of this Inftant November ^ to our Pa-
* per of the i rth ; wherein your Majefty inferreth,
' That upon the Conclufion of the Treaty with Peace,
' the Deftre of your two Pioufes in this Particular
* will be fully obtained : We humbly conceive the
' Houfes deiire your Majefty's public Declaration
* againft any Power in the Lord of Ormond to treat
4 and conclude a Peace with the Rebels in Ireland*
* and againft his Proceedings, for the prefent dif-
' avowing and difcountenancing thereof ; and that
' your Majefty's Anfwer relates only to the future,
' and will be interpreted to be, in the mean time,
* a countenancing and approving of thofe Proceed-
' ings ; which we humbly defire your Majefty to
4 take into your ferious Confideration, with fuch
' other Reafons as we have offered in Debate ; and
' do humbly defire your Majefty to give your full
' Confent to our Defires, expreffed in our Paper
* of the nth Inftant.'
[Sign'a1 by the CommiJJiwers.]
His MAJESTY'S FINAL ANSWER concerning the
Marquis of Ormond.
CHARLES R. Newport, Nov. 17, 1648.
T^O R a final Anfwer to you, at to your Paper of
•*~ the \\th Inftant) concerning Ireland, his Ma-
jefty jaith, That he doth acknowledge that, hf your
Paper of the ibtb Injlant^ the Difference betwixt
the Defire of his two Houfes and his Majcjty' s An-
fwer,
158 W* Parliamentary HISTORY
An. 16 Car. I. fiber, concerning .- the Proceedings of the Marquis of1
^48. ^ Ormond, is .truly Jlated and obferved ; for that the
November. two Houfo do defa.'e his Majefty to make a prefent
Declaration . againji the. Power, and Proceedings of
the Marquis, and his Majefly doth confent to make
the fame at the Conclufton of this Treaty in Peace ;
which he believes is very treasonable on his P&rt to in"
Jijl on, fmce the making of fuch Declaration at the
End bf this Treaty1 joins it with his own Freedom
and Security ; and the publijhing the fame, prefently,
feparates it, .from that Confederation. But his Ma-
jlfly conceives it. ,is not rightly inferred, nor that his
dnfw'ir can reasonably be interpreted t& be any Coun-
tenance or Approbation of thofe Proceedings, fmce his
Majejly has confent ed to the Matter, defired, and dif-
fers only in the Circumflance of Time,., which he hopes
his two Houfes will not make very flow* The other
farts of your Debate his MajeJIy hath well conjidered
of$ as he hopes you have done of his Replies there*
unto ; and therefore he adheres to his former Anfwcr
to this, Biijinefs, and dejires hii two Houfes • to con-
fider the Largenefi. of his Concejjions in this Treaty ;
and, upon that Foundation^ to proceed to a fpeedj
Settlement of ft blejjed Peace in England, which hi $
Majejly conceives the mojl probable Means to reduce
Ireland.
His Majefty't ^^ reading thef? Papers from the Commiflion-
Anfwers therem _ & r i i >-T^, , tr- > A
voted unfatif- ers, the Commons reiolved, 1 hat the King s An-
fwers to the Propofition for his declaring againft the
Proceedings of the Lord Ormond in Ireland, is not
fatisfa£tory ; and this Refolution was ordered to be
fent to the Lordtf for their Concurrence.
The foregoing Vote was no fooner pafled, than
the Houfe of Commons was alarmed with a large
Rcmonftrance from the Army, demanding Juftice
upon the King as a capital Delinquent, by being
the Occafion of all the Blood (hed during the War;
The Entry of this aftoniihingly bold Attempt
(whi'e a Treaty was going on between the King
4. and
^ENGLAND. 159
and Parliament in the Ijle of JVight} ftands thus An. 24 Car. I.
recorded in their Journals ! ^__ ,
* The Houfe being informed that fome Officers Nov«mt>er.
of the Army, from the General, were at the Door
with a Remoftrance, they were called in ; and Col.,
Ewer informed them, That the Lord General, and
General Council of the Officers of the Army, had
commanded him, and thofe Gentlemen with him,
to prefent this Remonftrance to that Honourable
Houfe; arid defired them to take it into fpeed^
and ferious Confideration. The faid Remonftrance
was directed ¥0 the Right Honourable the Commons
cf England ajjembled in Parliament, intituled, tfhe
humble Remon/lrance of his Excellency the Lord-Ge-
•neral Fairfax, and his General Council of Officers,
held at St. Alban's, Thurfday the i6th of Novem-
ber, 1648; and was figned, by the Appointment
of his Excellency the Lord General, and his Ge-
neral Council of Officers, by John Rujhworth^ Se-
cretary.'
The Contemporary Writers in general agree,
tflat Lord Fairfax was, in himfelf, well difpofed to
Peace, and that he had no perfonal Difaffection to
his Majefty : A Circumftance confirm'd by his re-
fufing to act, foon after^ as a Commiffioner for
the Trial of the King, though he was the firft
Perfon named in the Ordinance for that Purpofe.
It may therefore very juftly be enquired what could
induce his Lordfhip to appear at the Head of this
Remonftrance ? In order to clear up this Point, it
is to be obferved^ That Cromwell, in his trium-
phant March out of Scotland, had endeavoured to
engage the Gentry in the North of England to
oppofe the Treaty's going forward j and feveral
Petitions were prefented to the Commons for that
End, of which the Houfe took no Notice. This
Project failing, he foimed a Scheme for the feverat
Regiments to petition the Lord Fairfax, one after
another, demanding Juftice upon the King ; which
was begun by Ireton, his Son -in- Law's Regiment,
and then followed by Jngoldftys, Fkeiwood's, Wha*
tys> BarkfttajTs, Overtoil's, and others. The
Cohfe*
1*48
"••>/— •
November.
The Parliamentary HISTORY
An. 24 Car. I. Confequence of this was the calling a General
Council of Officers, and agreeing upon the Re-
monftrance now before us ; of which Ireton, who
had originally been brought up to the Law, was
the principal Penman. Whether, therefore, the
General's giving way to the Prefentment of it was
owing to his own Inclinations, to his being over-
reached by Cromwell's Diffimulation, or to an Ap-
prehenfion of the Refentment of the whole Army
upon his Non-compliance, we pretend not to de-
termine ; yet certain it is, that he wrote the fol-
lowing Letter to the Speaker, to inforce this Re-
monftrance, which is annexed to the printed Copy
of it.
For the Honourable WILLIAM LENTHALL, Efq\
Speaker of the Honourable Houfe of COMMONS.
Mr. Speaker, St> Alban's,Nov. 16, 1648.
< *T*HE General Council of Officers, at their late
< •*• Meeting here, have unanimoufly agreed upon
« a Remonftrance to be preferited to you, which is
< herewith fent by the Hands of Colonel Ewer,
and oth^r Officers : And in regard it concerns
Matters of higheft and prefent Importance to
yourfelf, to us, and the whole Kingdom, I do,
at the Defire of the Officers, and in behalf of
them and myfelf, moft humbly and earneftly in-
treat that it may have a prefent Reading, and the
c Things propounded therein may be timely con-
* fidered ; and that no failing in Circumftances or
*. Expreifions may prejudice either the Reafon or
< Juftice of what is tendered, or their Intentions
< of whofe good Affections and Conftancy therein
< you have had fo long Experience. I remain
Tour moft humble Servant,
FAIRFAX.
This Remonftrance was not offered to the Houfe
of Lords, nor is there any thing more of it to be
found in any of the Contemporaries, than a fhort
Abftraft of about a /ingle Page : We fhall there-
fore
of E N G L A N D. 161
fork give the whole at large from the Original Edi- An. 24 cunl.
tion, prefuming that the Curicfity of the Subject l648-
will apologize for the exceflive Length of it (b). November
St. Albari'S) Nov. 1 6, 1648.
( f~\ U R tender Regard to the Privileges and A Remonftrance
V_x Freedom of Parliament, on which our Prefented to tj»e
| Hopes of common Freedom and Right do fo mon^rrom ITrd
^ much depend, and our late Experience what Of- Fairfax and the
t fence many, even hoheft Men, feern to have ta- 53^™°"^
c ken, arid what Advantage evil Men have made, mandingjuftice"
c of our leaft interpofirig in any Thing of civil Con- upon the King,
t fideration to the Parliament, hath made us for a ic*
t long Time hitherto, as it (hould always make us
t even to the utmoft Extremity, to attend in Si-
t lence the Counfels and Determinations of Parlia-
t ment concerning all Matters of that Nature
t whatfoever ; but finding you to have been, of late,
upon thofe Tranfa&ions of higheft Moment,
whereupon the Life or Death of all our civil In-
tereft does depend ; arid that the public Affairs in
' your Hands (not without the Influence of forcible
* Impulfions from your Enemies, and fuch as have
* been ftirred up by them) are brought to the ut-
' moft Crifis of Danger, which calls upon every
' Man to contribute what Help .he can : and fee-
' ing no effectual Help from el fe where to appear,
* we cannot be (beclaufc, iri Confcierlce and Duty
* to God and Men, we hold Curfelves obliged in
4 fuch Cafe not to be) altogether filent, orwant-
* ino; in ought we can honeftly fay, or do, to hold
* of? impending Ruin from an honeil People, and a
* good Caufe.
4 We are not ignorant that that Rule of Sa!u^
* Poputi fupretnd Lex is of all others moft apt to
* be abufed or mifapplied, and yet none mere furely
" true. It is too ordinary, efpecially of late Times,
* for Men who, either from Intentions of Evil, or
VOL. XVIII. L * iriordi-
fi>), LonJcn, prinrfd for John PgrtriJge aiivl Gccrge Jf-'nttirricr^
'n Black Tryars, at the Gat? going into Carter *l*r.t, and at the
Blue Jpctcr in Cbtrntill, 1648.
1 6 2 *The. Parliamentary HISTORY
An. 24. Car. I. « inordinate Temper of Spirit, would break thofe
t l6*8' M < Bonds of Law and Magiftracy which they find
VJ^^)ber> c to reftrain them, to frame Pretences of public
' Danger, and Extremity thereof; and from thence
* immediately to aflume a Liberty to break, or elfe
' neglecT: and fly above, the due Bounds of Order
' and Government, and ftir up others to the fame ;
* pleading Privilege from that vaft large Rule of
' Salus Populiy &c, from fuch Mif-applications,
* whereof great Difturbances do oft arife and Con-
' fufion is endangered ; and yet we know the fame
* may be juftly pretended and followed, and that
* (where it is from honeft public Intentions, and
* upon clear Grounds) with very happy Effects :
* We have feen, in this our Age feveral Inftances jn
* both Kinds, and the Hand of God bearing Te-
' ftimony and giving Judgment for fome, and yet
* againft others, where the Pretenfions have been
' the fame, or fo like as it was hard for human
* Judgment to diftinguifti. And indeed fince the
* Right or Wrong of fuch Proceedings depends
* chiefly upon the good or ill, public or felfifh,
* fmcere or corrupt, Intentions of the Parties pre-
* tending, (which human Judgment cannot or-
* dinarily reach into) and partly upon the Juftnefs
* or Caufelefnefs, Neceffity or Lightnefs, of the
4 Occafion taken from thofe againft whom the
v ' Pretence is ; which again depends partly upon
* their Carriages, and partly upon their Intentions,
' the latter whereof is not clearly or properly un-
* der Man's Judgment ; and the former, without a
4 full Knowledge of Particulars, not eafy for Man
* to give a certain Judgment of ; therefore, as the
' engaging upon fuch Pretences and Principles does
* always imply, and is for moft Part exprefly ac-
' companicd with, Appeals to God for Judgment, fo
* it is the proper Work of God to bear true Witnek
V and give righteous Judgment in fuch Cafes ; and
* as he is always engaged to do it fooner or later,
4 clearer or darker ; fo, in this Age and Part of the
c World, he hath feem'dboth to make hafte to Judg-
* ment in fuch Cafes, to give it quickly and fpeedily,
< and
of E N G L AND. 163
and alfo to make bare his Arm therein^ That Men An. 24 Car. I.
* may fee it ; and hath appeared as a fcvere A- l648'
" venger againft fuch Pretenders, where it hath been Novemb r J
1 in talfhood, and with evil or corrupt Intentions ;
4 fo as alfo a Difcountenance, thereof, even where it
k hath been with good Intentions) if not neceflary
* in the Grounds, or from impatient Temper of
4 Spirit ; and yet in other Cafes, (where, as the
1 Ends have been public and the Intentions upright,
* fo the Grounds weighty, the Cafe neceflary in
* relation to thofe Ends, and the Proceeding fober,
* temperatej and but proportionable to the Ends,
k Grounds and Neceffity) a juft Aflertor and Pa-
* tron of the Right, and Vindicator of the hidden
* Truth and Simplicity, of the Pretenders, by a
* glorious Prefence with them, and Succefs to them
* in fuch Proceedings.
* Neither wants there Ground for Men to make
* fome Judgment therein. For certainly he that
* engageth upon fuch Pretences really for public
* Ends, and but upon public Neceffity or Extre-
* mity, arfd wi:h a fober Spirit, (all which muft
* concur to their full Juftification therein) will
* both try firft all honeft Ways poflible, with Safe-
* tyi in thofe Ends, whereby he may p.ccomplifh
* them and avoid the Danger ; if poflible, with
* due Regard to, and by Concurrence or with Pre-
4 fervation of, the Magiftracy and Government
*- under which God hath fet him, before he will
* fly to Ways of Extremity : neither will he, when
* engaged therein, proceed further or longer in
' that Way againft or without the Magiftracy,
* than that firtt Neceffity, or fome other Emer-
* gent upon the Proceedings, does jnftly lead, and
* the Security of the Ends require ; not driving
4 that Pretence of Neceffity further to ferve or ad -
* vantage himfelf, or perpetuate thofe Ways of
4 Extremity ; but when the Neceffity or Danger
* is over, and the public Ends fecured, will return
4 to Magiftracy ?nl Order again j and mean while
4 fo adl in all, as carefully to avoid both Injury to
* the Innocent and Offence to the Weak ; and as
L 2 fubjeiting
Parliamentary HISTORY
I. * fubjecling or expe&ing, and ready to fubjecft
< all to an indifFerent and equal judgment, even of
' Men, if and when it can be found, and really en-
* deavouring to find it. For our Parts, both pru-
* dential Confiderations, and the Experience we
* have of the Danger there is in the leaft breaking
* or letting loofe or entangling the Reins of Order
* and Government, upon fuch Pretences, makes
* us moft tender of it, as that which is never other-
* wife to be ufed or admitted than as a defperate
* Cure in a defperate Cafe, and at the utmoft Peril,
' as well of them that ufe it, as of thofe for whom :
* And the Experiences we have feen of God's
* righteous Judgment in fuch Cafes, as it makes
6 us not apt, without Trembling and Fear, to think
' of fuch Proceedings, fo much the more ftricl to
* obferve all the aforefaid Cautions concerning
* them ; and yet* where juft Occafion and a real
' public Neceffity calls thereunto, not to fear fuch
' Appeals to God for any outward Difficulties or
* Dangers appearing to ourfelves therein j but,
' both from divine and human Confiderations, as
' we do and ever (hall avoid the Occafions by
' all Means poflible, even to the utmoft Extremity,
* and do pray and hope we may never come to it j
* fo, if ever fuch Extremity do happen to us, we
* hope, through the Grace of Godj we (hall b»
* careful and enabled, both in the engageing and
* proceeding therein, fo to a£l as before the Lord,
* and to approve ourfelves both to God and good
* Men, and as fubmitting to the Judgment of both :
* 'And therefore, though we are full of fad Appre-
' henfions of prefent Dangers to the public In-
* tereft, and the Extremity even at Hand ; yet we
1 (hall firft, in all Humblenefs and Soberncfs of
' Mind, and with all Clearnefs, as God {hall en-
f able us, remonftrate to you our Apprehenfions
* both of the Dangers at Hand and of the Reme-
' dies, with our Grounds in both.
' Firft, therefore, we muft mind you of your
' Votes, once paft, concerning no more AddrefTes to
4 the King, ($V. and our Engagement to adhere to
cf ENGLAND. 165
4 you therein : Concerning which we fhall not in- An. 24 Car. i.
' vite you to look back to any Grounds thereof, t I**8' ,
' further than to what yourfelves declared and ' November.
* publifhed thereupon ; and what we, in that our
4 Engagement, did fummarily lay down as our Sa-
4 tisfa£ion therein ; we fhall only wilh it may be
' remembered how free vou were therein, and
' what State you and the Kingdom were in then,
* and how it fared with you thereupon, untill you
' began to recede j and how upon and fmce your
' receding.
* For the firft ; whatever evil Men may flander-
4 oufly fuggeft in relation to other Matters, yet in
* this furely pone can fay you were acted beyond
* your own free Judgments ; we are fure, not by
4 any Impulfion from the Army ; fmce nothing
* that ever paft from us to you before did look
* with any Afpe& that Way j but rather to the
* contrary (we may fpe.ak it with Sorrow and
* Shame, in, relation to that Unbelief or Diftruft
* in Go4 and thofe carnal Fears of public Diftur-
* bance from which we had before been a£led fo
1 much the other Way) ; fo that, in that Parti-
4 cular, the juft Refolutions of this Houfq did
* not only lead us, but help to reclaim us, from
' Thoughts tqo much wandering the contrary
* Way.
4 For the latter ; you may remember, that when
c you took thofe Refolutions, Difcontent, even to
c Diftra&ion, did abound all the Kingdom over,
* in the People, for the Burden of numerous and un-
4 fettled Forces, and the Oppreflion of free Quarter
* by them •, and, in the Soldiers, for Want of Pay
4 and Satisfaction or Security in Point of Arrear^
* and Indemnity their Difcontents increafmg with
* their Arrears : AnJ indeed the Soldiery, (in re-
< gard thereof, and of fome harfh. Provocations to
* them, and your former Uncertainty in any Way
*, of Settlement) fomething loofe towards your-
* felves and their proper Government, and difpo-
* fed too much to Difturbances amongft themfclves :
- \ But upon thofe Refolntions of yours againft any
L 3 * further
Parliamentary HISTORY
n. *4Car. I. « further Addrefles to the King, &c. (which all
l6*g- t « Men underftood to imply fome further Intenr
November. ' tiotis of Proceeding in Jnftice againft him, and
' fettling the Kingdom without him) immediately
* the Unfettlednefs of Men's Minds and Jealoufies
' of feveral Parties (concerning one's Compliance
* with and feeking Advantage from the King's
' Party againft the other) were greatly allayed,
* and (together with his Opportunities and Ad-
' vantages to cajole, or infmuate with, one or other)
* did feem to be taken away ; and it pleafed God
4 inftantly to lead you into fuch other CoUnfels
' and Ways, whereby the Burden and Grievances
' of free Quarter were immediately taken off,
* fupernumerary Forces di{banded the reft put
* into an eftabliftied Way of Pay, the Arrears in
' fome Meafure fecured, and further Growth there-
' of prevented ; the Diftempers amongft the Sol-
* diery quieted, and they refettled in good Order
' and Difcipline ; and their Hearts, with all honeft
' ?.nd fober Men? firmly knit unto you ; and the
' whole Affairs of the Kingdom in an hopeful Po-
' fture for -a Settlement.
' But when the Houfe being called, as it were,
* on Purpofe for a Settlement, inftead thereof, up-
' on what Jealoufies of fome amongft yourft;lves %
' what private Animofities, Envyings, and vin-
* di(Stive Defires of others, giving up themfelves,
* with a total Neglect of the common and public
« Intereft; to mind particular Interefts and Parties ;
* and to feek and take Advantages againft their
' Oppofites even from hoped, if not formed, Com-
* pliances of common Enemies, and A ppi:;: ranees
* trom foreign Parts on their Behalf, whereby t<^
* work out Revenge againft thofe they immediately
' maligned ; or from what crafty Infmuations of
1 corrupt Members, and a! way falfe to the public
* Intereft, or upon what other evil Principles, we
c are unwilling to remember or imagine j when,
4 we fay, upon thofe, inftead of a Settlement up-
* on the former Foundation, you began to enter-
' tain Motions tending to the Unfettlement of what
' yon
^ENGLAND. 167
' you had refolved ; and when, by that Uncertainty An. 24 CM. r.
* and Unfettlednefs of Councils appearing within l648'
' yourfelves, and the anfwerable Infinuations and
' Influences of feveral Members, according to
' their feveral Bents and Defires unto their refpec-
* tive Correfpondents and Friends abroad, the
* Minds of Men, without alfo, became proportion-
* ably unfettled, tofled too and fro with various Ap-
' prehenfions and Expectations which way Things
' would bend, and all to fee fuch vaft Uncertain-
* ty of any Settlement or End of Troubles upon
' the Parliamentary Account alone ; then, and not
' till then, began the Generality of the People to
4 be apt for any new Motions, efpecially fuch as
' looked towards a Settlement any way ; and then
* began your Enemies to conceive frcfh Hopes and
* Confidences, and beftirred themfelves accord-
* ingly, to work your Trouble and their own
* Advantages; The moft fubtle and foberof them,
* diflembling the Intereft of their own Party, and
* referving that at the Bottom as clofe and unfeen
* as might be; and taking their Rife even from
* that Unfettlednefs, and thofe Grounds of Jea-
* loufies and Divifion they found amongft your-
* felves, and the feveral Parties pretending to
' Parliamentary Intereft; and from that Difpofition
* they found in one Party by any Means to take
* Advantage and Revenge a,gainft the other ; they
* made Pretences, partly of public Interefts and
* partly of the very particular Interefts of that Party
* which they found moft difcontented amongft your-
* felves, the Foundations whereupon to raife new
4 Difturbances, and therein to engage a numerous
* and mixt Party ; but upon fuch Grounds, and in
* fuch a Way, wherein the Intereft of the King and
' his Party were fo incorporated throughout, as that
* the Profecution of all the other Interefts pretended,
* in the Way that was laid, (hould carry on, and
* at laft fet up, that of the King's and their own
* above all others.
' Thus the Army, which, after all poffible Trials
* and Temptations, they found would never be
L 4 * won
1 68 ¥he Parliamentary HISTORY
An 1.^ Car. I. « won to be their Friends, fo as to defcrt the Par-
1648 • * ^amentai7 an<* Public Intereft to fcrve their
'^November. ' Turns, being therefore induftrioufly by them,
* with the Futherance of difcontented Parties a-
* mongft your Friends,, rendered the only common
* Enemy ; and they themfelves, as it were, Friends
* to all but it, and that fuppofed Party in Parlia-
' ment and Kingdom that cordially upheld it ; they,
* and their bufy Promoters of Petitions (ftirred up'
* by their Emiflaries or Agents in all Counties, for
' the engaging and cementing of this new-formed
*-and intended general Party), being all taught the
' fame Language, at firft profefs fair for the Par-
* liament, or nothing aga;nft it ; but to be for a
' full and free Parliament, and to deliver it from
* the Force of an Army, pretend, for the Liberty of
* the Subject: alfo, to free them from the Oppref-
' fion and Tyranny of an Arm,y ^ to be for t e Law
* of the Land againft the arbitrary Power of a Fac-
4 tion in Parliament, fetting up and ifupporting
' themfelves above Law by the P*>wer of an Army j
' whereas, in Truth, their great and lateft Quar-
* rel againft the Army was, That it would not force
' the Parliament to comply with the Will andlnter-
* eft of the King, to the Prejudice of the King-
* dom's Liberties, and of the Power of Law therein,
* nor defert the Parliament in their Adheren.ce to
' thefe againft the King,
' They pretended likewife to be much for the
' Eafe of the People ; to free them from Taxes and
* Contributions to an Army ; to be for the Settlc-
' ment of Peace in the Kingdom, that there might
' be no need of an Army ; whereas it was indeed
' their reftlefs Workings, and watching all Advan-
' tages, by Parties within this Kingdom or foreign
* Aids, to fet up their own and the King's Intereft,
* to the Ruin of the Parliament and Enflaving of
« the Kingdom, that did neceffitate the Parlia-
' ment to continue an Army and Taxes to main-
' tain it.
* They pretended for Religion too, and for Re-
1 formation, and the Covenant, againft an Army
' of
of ENGLAND. 169
' of Slftaries t:nd Oppofers thereof; yea, they yet A°- ** Jar
4 pretended cvt-n for the Army itfelf, as to the Body v 4 '
*• of it, and all but a Faction of Officers in it, fup- November.
' porting themfelves in Power and Dominion by it,
'that the Army might be fatisfied their Arrears,
\ and go home. And, for all thefc fair Ends,
* presuming upon the Parliament's Unfettledncii
* and Weaknefs, as notable, or not knowing h,ow,
* to provide for any of thefe Things of thcmfelve$
* without the King, a perfonal Treaty with the.
' King miift be held forth as the only ibvereign
« Salve.
4 Thus the People being made to depend mainly
* upon the King for all, and his Intereft made ne-
* ceffary to all, the other Pretences were but made
* Ufe of to jfcrVe his Ends, and an eafy Way made
f to fet up him and his Intereft above all.
' As to the 'Hypocrify of thefe Pretences we need
' fay nothing more; the Lord himfelf in our Si-
* lence (even when by fuch Pretexts, and their
4 quick Proceedings upon them, they had rhauo
' fuch engageing Work for us in all Parts, as gave
* us no Leifure to fay any Thing for the undecei-
* ving of Men, or vindicating ourfelyes, or fo
* much as to make any public verbaj Appeal to him
4 for it) hath yet from Heaven judged 'them, and
^ borne a clear Teftimony againft them in defcat-
4 ing, with a fmall Handful, the numerous Parties
* they had thus engaged within the Kingdom, and
' drawn from elfewhere, under the very fame Pre-
4 texts, to invade it ; and breaking the Force of
4 thofe Defig'ns,1 fo dunningly and takingly laid,
' and fo ftrongly back'd with Advantages, as it was
4 fcarce imaginable, in human Reafon, all Things
4 confidered, how to aVoid them. .•
4 But however, working upon that Unfettlednefs
* in the People's Minds, which trie Uncertainty
* and Divifions in your own Councils had occa-
4 fioned ; and having the Advantage of that gene-
4 ral Difpofition, in a burthened and troubled
' People, to entertaio any Motions, and follow
' * any
1 70 *Tbe Parliamentary HISTORY
n. »A Car. 1, « any Party, pretending to end their Troubles and
j^ \ , ' eafe their Burthens againft the prefent Party in
November. * Power from whom immediately they apprehend
* them, they made a Shift to engage Multitudes to
* petition for thefe Things ; and thence, under the
* Pretence of freeing the Parliament from Force,
* to raife Arms and levy War aojainft it, at beft,
c to inforce their Petitions ; and, under the No-?
* tion of freeing the People from Taxes to the Par-
* liament and Quarter to the Army, to make them
' incur greater Charges and Burthens for the King
' and his Party ; and, by with-holding their Taxes
* from the Parliament, to neceflitate Free-Quarter
* again upon themfelves, which before they were
* delivered from ; and, under the Notion of fet-
* tling Peace and the Liberties of the Kingdom, to
* break that we had ; and engage the People in an-
' other War on the King's Behalf againft the Par-
* liament and their own Liberties, and to get his
* Party, with Commiffions derived, from him, into
« the Conduit and Management of it.
* But whilft therein, with open Force, they do
- * their utmoft to deftroy and fubdue you, they omit
* not the driving on of that fureft Part in their De-
* fign, a Perfonal Treaty, to deceive you, To
* promote which they had, befides numerous and
' daily Petitioners fcom all Parts, deluded and
4 drawn in, by the aforefaid fpecious Pretences, thq
' deluded Multitude and Rabble about the City,
* with the old Malignants, new Apoftates, and
* late difcontentcd Party, both in the City and Par-
* liament itfelf j the one at your Elbows, the other
* in your Bofoms, prefiing you incefiantly. The
* Lords, in every Thing relating to the Treaty,
* clofmg readily with the Defires of the City Ma-
* lignants, the Prince, and all your Enemies ; and,
* in their Votes for the fame, going before you,
* and haling you after ; altho' in Things concern-
* ing the Profecution of the War in your own and
* the Kingdom's neceflary Defence, efpedally in
* declaring with you againft thofe vifible Enemies
4 * and
of
ENGLAND, 171
* and A£ors therein, the Scots Army and others, An- 2* £"'
* they would neither lead nor follow. And when t *_* ' t
* at any Thing propounded towards the Treaty, November.
* wherein you found the very Life of your Caufe
* and the Kingdom's to be concerned, you were
* loath to give up that ; and thereupon made fome
* Stick, then clamorous Petitions for a Concur-
' rence came thick from the City, with Menaces
* infmuated; many debauch'd Reformadoes, the
* defperate Cavaliers, and rude Multitude about
* the Cily, ring in your Ears with Railings and
' Treats ; many faithful Members particularly
* frighted or driven out of Town ; Forces lifted
* and gathering daily about you, and this the City
4 neither taking Courfe to reftrain, nor fuffering
' their Major-General to do it ; but oppofing and
' incountering his and your Authority in what he,
4 by it, attempted for your Safety and Freedom ; and
f thefe Courfes never ceafed until you had fully agreed
* to a Perfonal Treaty, on fuch Terms as his Ma-
* jefty himfelf was pleafed to entertain.
4 By tnefe Means, and fuch continued Ufage
* from the City and thofe in and about it, (at
' whofe Mercy you were while your Army waj
* engaged at a DifUnce atrniaft your Enemies in
' Arms) by. that Time God had broke all their
* Forces, delivered moft of them into your Hands,
4 and crufti'd all their Hopes of availing that Way,
* we find them at laft drawn into this milerable
' Inconvenience of a Perfonal Treaty with him and
4 his Adherents, who had fo long and inceflantly
' tried all Interefts, and wearied all Friends in this
* and many foreign Nations, by Force to deitroy
* or fubdue you. In which, though we fee more
* utter andj^fs avoidable Danger to the Kingdom's
* Caufe, and to all the godly and hone ft People
* engaged with you, than before, in your loweit
* or worft Conditions, we ever yet apprehended ;
' yet confidering, the Premises, and how great
* the Change is from the Votes of no more Ad-?
' drcfles, to, (not your wonted politive fending of
' Propofitions anew, but) a Treaty, a Perfonal
4 Treaty
7 he Parliamentary HISTORY
Treaty, without any previous Satisfaction or Sc~
curity j and a Treaty upon what Propofitions he
November. * fliould make, as well as your own ; all which
' both Houfes, yea, both Kingdoms, have fo often,
* and always before, declined, voted, and declared
' againft, as delufive and dangerous, yea deftruc-
' tive, while the Parliament was unqueftionably
* rnoft free.
* We cannot but conceive that at that Time,
< and in thofe Refolutions for fuch a Treaty, the
* Judgment of Parliament was not with due and
* former Freedom : And, therefore, not defpairjng
* but that as Men drawn or driven into dangerous
' Straits, you may readily entertain, or at leaft fa-
* vourably refent, any Thing of Light or Encou-
* ragement that may be offered towards the faving
* or extricating of yourfelves and thofe you are in-
* trufted for ; we fhall, with all Plainnefs and Faith •
* fulnefs. reprefent to you our Conceptions where
* the main Danger feems to lie, and where any '
* Way to efcape ; and, we hope, 'twill be thought
* no Arrogance in us or Difparagement to your
' Wifdoms, fmce Lookers oh may pofiibly fee
* fomething the Gamefters do not.
« For the Evils and Dangers of this Perfonal
* Treaty : Had it been admitted to be indeed with
* the King's Perfon in Parliament, efpecially at Lon-
' don^ and in a full Condition of Honour, r-reedbm,
* and Safety, (which had implied, that after all the'
' Trouble, Lofs, Hazard, and the Expence of
•* Blood and Treafure, he had put the Kingdom
« unto, he fhould be admitted to his Throne and
* Office, without any Satisfaction before given for
* what was paft, or Security againft the like in fu-
* ture) the Evil and Danger thereof had been fo,
* viable, as nothing had need to have been faid to
' unfold it. As it is now admitted and qualified
* for Circumftances, (the Cafe beina; as it has
* pleafed God to make it, that the King has no
4 Power in the Field, whereby to take Advantages
* during the Treaty) we (hall fay nothing to any
*• Dangers of that Kind, fuppofmg.no Agreement,
« fave
^ENGLAND. 173
c fave to,wifh you to confider the Opportunities of An> ** ^
' laying Defigns for his Efcape, or otherwife, and of t ' * '
' fettling future Correfpondences, which the Com- November.
' pany and Confluence of fuch Perfons about him
* does afford ; but we {hall chiefly confider the
* great Evil or Danger of feeking to him by Trea-
* ty, in your prefent Cafe, arid of an Agreement
* or Accommodation to be thereby made with
4 him, including his Impunity and Reftitution .to
* his Freedom, Revenue, Dignity, Office, or Go-
' vernment.
« Now, as to that the great Queftions will be* (
I/?, * Whether, as your and this Kingdom's
c Cafe (lands, fuch an Accommodation would be,
' i. Juft or good, and fo defirablej or, if not,
* where the Injuftice or Evil lies ? 2. Whether
' fafe, and to be admitted j or, if not, where the
' Danger lies ?
2<//y, * Admitting that, upon fome Suppofition$,
' it might be good or fafe, Whether yet it can be
- c fo, or fuch a one can be had in the Way and
* Conditions of this Treaty, as the Cafe ftands ?
4 If either in the general, or in refpedt of your
4 and the Kingdom's prefent Cafe, and of the Way
* and Conditions of this Treaty it cannftt be fafe,
' then it concerns the Parliament not to admit fuch
* an Accomodation or Agreement upon this Treaty ;
* and, though it may be fafe, yet, if it be otherwife
* evil or not good, then you have no Reafon but to
* ufe any Freedom or juft Grounds remaining to
' decline it.
4 To thefe Queftions therefore, becaufe the Safe-
4 ty or Danger, Good or Evil, in queftion, is
* chiefly in relation to the public Intereft of the
* Kingdom, and not fo much to particular Men's,
4 (though even the particular Safety of fuch as have
4 engaged for the Public is not to be negle&ed) to
4 lead ourfelves and others to the clearer Judgment
4 in the Point, we fhail premife a ftating of the
c public Intereft in queftion, in Oppofition to the
4 King's, and of his particular, Intereft oppofed
« thereto.
4 The
i 74 tte Parliamentary Pi I s T
An. a* Car. I. * The Sum of the public Intereft of a Nati6n#
^1648. ^ c jn relation to common Right and Freedom,
November. * wn'c^ nas been the chief Subje6t of our Conteft*
* and in Oppofition to Tyranny and Injuftice of
c Kings or others, we take to lie in thefe Things
* fdllowing :
i/?, ' That for all Matters of fupreme Truft, or
* Concernment tb the Safety and Welfare of the
c whole, they have a common and fupreme Coun-
* cil or Parliament ; and that as to the common
' Behalf, who cannot all meet together themfelvesj
* to coniift of Deputies or Repreferiters^ freely cho-
* fen by them, with as much Equality as may be ;
* and thofe Elections to be fucceffive and renewed^
* either at Times certain and ftated, or at the Call
* of fome fubofdinate (landing Officer or Council
* intrufted by them for that Purpofe, in the Intervals
* of the Supreme, or elfe at both.
2^/y, ' That the Power of making Laws, Con-
* ftitutions, and Offices, for the Prefervation and
' tjovernment of the whole, and of altering or re-''
* pealing and abolishing the fame, for the Remo-
* val of any public Grievance therein, and the
* Power of final Judgment concerning War or
* Peace, the Safety and Welfare of the People,
* and all Civil Things whatfoever, without further
c Appeal to any created (landing Power, and the
* fupreme Truft in relation to all fuch Things,
* may reft in that fupreme Council : So as,
1. * That the ordinary Ordering and Government
* of the People may be by fuch Offices and AdmiJ-
' niftrations, and according to fuch Laws and Rulesj
' as, by that Council, or the Reprefentative Body
* of the People therein, have been prefcribed or
' allowed, and not other wife.
2. * That none of thofe extraordinary or arbi-
* trary Powers afore-mentioned may be exercifed
* towards the People by any, as of Right, but by
* that Supreme Council, or the Reprefentative Body
* of the People therein ; nor without their Advice
' and Confent may ajby Thing be impofed upon,
* or taken from, the People ; or if it be otherwife
~ ' attempted
of E N O L A N D. 175
* attempted by any, that the People be not bound An; 24. Car. I.
* thereby but free, and the Attempters punifh- v
* able.
3. ' That thofe extraordinary Powers, or any
* of them, may be exercifed by that Supreme Coun-
* cil, or by the Reprefentative Body of the People
' therein ; and where they fhall fee Caufe to afTume
* and exercife the fame, in a Matter which they
£ find neceffary for the Safety or Well-being of the
' People, their Proceedings and Determinations
' therein may be binding and conclufive to the
* People, and to all Officers of Juftice and Mini-
* fters of State whatfoever ; and that it may not be
' left in the Will of the King, or any particular
' Perfons (landing in their own Intereft, to oppofe,
' make void, or render ineffectual fuch their De-
* terminations or Proceedings ; and efpccially, fmce
' the having of good Constitutions, and making of
' good Laws, were of little Security or Avail,
1 without Power to punifh thofe that break or go
* about to overthrow them ; and many fuch Cafes
' may happen, wherein the former Laws have not
* prescribed or provided fufficiently for that Pur-
* pofe, or the ordinary Officers intruftcd therewith
4 may not be faithful, or not able, duly to execute
' fuch Punimments on many Offenders in that
1 Kind ; that therefore the fame Council or Repre-
* fentative Body, therein, having the fupreme Truft,
* in all fuch Cafes where the Offence or Default
* is in public Officers, abufing or failing their
* Truft, or in any Perfon whatfoever, if the Of-
' fence extend to the Prejudice of the Public, may
* call fuch Qffen.lers to Account, and diftribute
* Punimments to them, either according to the
' Law, where it has provided, or their own Judg-
* ment where it has not -, and they find the Offence,'
' though not particularly provided againft by parti-
6 cular Laws, yet againft the general Law of Rea-
* fon or Nations, and the Vindication of the pub-
* lie Intereft, to require Juftke ; and that, in fuch
* Cafe, no Perfon tv-hatfoeverfmay be exempt from
* fuch Account or PunUhmeql, or have Power to
I
176 The P'arHamtnf'ary H i s T o R ir
An. 24 Car. I. < protect others from their Judgment, or, without
«- .' * * ' their Confent, to pardon whom they have judged.
Korember. * Thcfe Things contain the Sum or Main of
4 public Intereft ; and as they are the ordinary
* Subject of Civil Conteft in all mix'd States,
* where they happeri betwixt the, People and thofe
4 that have afTurned of claimed a ftanding Privilege
* or Prerogative over them, fo they, have been in
4 this of ours. And againft thefe Matters of pub-
* lie Intereft, this King hath, all along his Reign,
4 oppofed, and given himfelf up to uphold and ad-
* vance the Intereft of his and his Pofterity's Will
4 and Power; firft$ That .there mightbe.no fuch
4 Coinmon-Councilj no. Parliaments at all to. re-
* ftrain or check him; but that all .thefe Matters
*" cif fupreme Truft, fconcerning Safety and all
' Things e!fe, might reft in him and his Bread
* alone, without Limit from, or Account to, any
' on Earth ; and that all thofe extraordinary and
* arbitrary Power over the People, their Laws,
4 Liberties, Properties, yea, their Perfons and
4 Confciences too might be exercifed at Pleafure
' by himfelf, and fuch as he pleafed to derive the
' fame unto: And as they were aflumed, fo how
' vaftly and fadly ill they wentf exertifed by him,
f to the Prejudice and Oppreflion of the Pe pie in
' general, and the Ruin or Pcrfecution of all the
4 Godly of the Land ; yea, even of thofe that were
* but fober and honeft to Civil Intereft ; furely
* (unlefs the greater Preffu res he hath fincc wrought
* himfelf or brought upon us, by neceifitating the
4 Parliament thereunto, have (wallowed up the
4 farmer in Oblivion) we need not yet make any
4 verbal Remembrance.
* To fupport himfelf in that State or Height of
' Tyranny, and make it abfolute, he raifed his firft
4 and fecond Armies againft his People in both
4 Kingdoms ; when he found he could not keep up
c to that Height to have all thofe extraordinary
* Powers and Matters of fupreme abfolute Truft
* in himfelf alone, then he fell to play lower ; that
4 at leaft none of them might be exercifed by any
4 'other
^ENGLAND, 177
* other without him, nor not by all the Truftees of A"- *4 Car. r.
* the Land, nor in any Cafe, tho' ever fo necefTary t ;6<^ ^
* for the Relief or Saving of the People ; that if, November*
* according to his former Claim, his People and
4 Parliament would not admit him pofitively to
* opprefs or dcftroy them at his Will, yet, by this
* latter, they fhould have no Power to redrefs a
4 Grievance, to provide for the Freedom, Wel-
* fare, or fo much as immediate Safety, of them-
* felves or the Kingdom, but at and according to
4 his Pleafure ; and for this, when the Parliament
4 did othervvife aflame in point of immediate Safety
4 and Punifhment of Delinquents without him, he /
* raifed his third Army, and held them up fo long
* and fo much, to the Spoil and near Defolation of
4 the Kingdom, till God wholly broke them, and
* brought himfelf Captive into yoUr Hands. And
* in this, though he raifed them with the Pretence
4 only of oppofmg the Exercife of thofe extraordi-
* nary and arbitrary Powers by yourfelves, or any
4 other without him, which would not be allowed
* himfelf to exercife alone; yet, in the raifmg and
' having raifed that Force, he did by it aflame and
4 exercife all Kinds of abfolute and arbitrary
4 Powers at his own Will alone without Parliament ;
* and how much further he would have gone in
* Exercife of the fame, had he prevailed as you, we
4 may eafily imagine.
4 But as to that Part of his Claim againft the
* public Intereft, viz. That there might be no
* Power in Parliament to provide for immediate
4 Safety, or do ought elfe for the People, but at
4 and according to his Will, how ebftinately, even
4 fince God gave him and his Party wholly into
4 your Hands, hath he maintained and perfifted in
4 it ? Even fo long as from foreign Parts or Alljes,
4 from Irijh, Scots, from your own Divifions4 or
4 Difcontents of the People at the Burthens he ne-
' cefiitated you to continue upon them, he had any
4 Hopes, by Force, to prevail anainft you, or avoid
4 any Conceflion againft that Claim : And of this
4 his fo many Denials to the Propofitions t>f Peace,
VOL. XVIII. M 4 which
1 78 The Parliamentary HISTORY
• 24. Car. 1. < which both Houfes and both Kingdoms have (b
1648. « often tendered and renewed, yea of thofe four
~0£lober ' ' onty Bills, concerning purely that Public Intereft,
« and but a fmall Part of it, together with effential
« Precautions for a Treaty, do afford abundant
* Evidence : As to which laft Tender, it is appa-
' rent he had no Pretext left for Refufal, from ei-
4 ther Scruple of Confcience, Matter of Harfhnefs
' to his Party, or ought elfe, but the meer Intereft
* of Will and Power to himfelf and his, which
* fome Scott and other Correfpondences, it Teems,
* then gave him Hopes yet, by Force, to uphold ;
' infomuc'h as upon that Refufal, added to all the
' former, you found it neceflary at laft to take up
' thofe Resolutions of no further Addrefles to him,
' but to fettle the Peace of the Kingdom without
* him, and fecure it and yourfelves againft him ;
* and, in order thereto, to keep his Perfon in fafe
« Cuftody at Cariflrcok'e Cajlle.
' But when, his other Claims fo far failing, it
^ came to this, he that before would not have al-
'* lowed the Parliament or Kingdom a Power for
' Safety but at his Will, would, at leaft, make
* you know that neither you nor the Kingdom
c fhould have any Peace or Quiet without him ;
* and that neither Parliament nor any Power on
* Earth, whatever Ills he had done, might, for it,
* attach or meddle with his Sacred Perfon ; no not
* fo much as to fecure him from Opportunities of
* doing more : And for this laft Part of his Intereft
* his fourth Army, the laft War, was raifed by
' Commiflions from himfelf to the Prince, and,
' from him, to as many more as would take any ;
* and for the fame the Scots Invafion was pro-
* cured.
' The Pretext or Quarrel in this laft Engage-
* ment feemed, as it were, to reach no higher than
' only to refcue his privileged Perfon, and force the
* Parliament yet, in a Perfonal Treaty, to feek
* Peace at his Will ; and to let them fee they could
* not otherwife have it, nor might do ought againft
* his Perfon, no not to fecure him from doing fur-
~* they
of E N G L A jST t>. 179
* ther Mifchief, though he make War and refufe An. 44 Car. I,
1 Peace never fo long. 1648.
« And for this laft Piece of his Intereft, as op-s .T v '. |J
4 pofite and deftruftive to that of the public as any
4 of the former, though a Divine Teftimony has
* been borne againft it, as full and more glorious,
4 if poffible, than before againft any of the reft ; as
' if God would thereby declare his defigning of that
4 Perfon to Juftice ; yet the Parliament, after all
* this, reftoring him, without any Pre-fatisfaclion
4 or Security, unto a Kind of Liberty and State*
4 only that he might appear in a Capacity to treat j
* and then, by Treaty, feeking their Peace, and
* all their Matters, before contended for, and,
4 through God, gained againft him, to come now
4 as Conceffions from his Will, do clearly yield
* back that laft Piece of his claimed Intereft into
* his Hands again ; and indeed therewith, feem to
* render a more real Acknowledgement and yield-
4 ing to him, both againft Parliament and King-
* dom, as to the precedent juft Right of whateve;
* is now demanded, or granted, as from him, than
' all his verbal wrefted Conceffions or Confeffions
' will be underftood to be, uhto Parliament or King-
' dom, as to any future Clearing or Afliirance of
4 thofe Things.
* But, to return to our Purpofe. The Matters a-
* forementioned being the main Parts of Public In-
' tereft originally contended for on yoar Parts, and
* theirs that engaged with you, and thus oppofed
' by the King for the Intereft of his Will and
* Power, many other more particular or fpecial
4 Interefts have occafionally fallen into the Conteft
* of each Party ; as firft, on the Parliament's Part,
c to protect and countenance religious Men and
« Godlinefs in the Power of it ; to give Freedom
* and Enlargement to the Gofpel, for the increa-
4 fing and fpreading of Light amongft Men ; to take
4 away thofe corrupted Forms of an outfide Re-
4 ligion and Church-Government, whether im-
' pofed without Law, or rooted in the Law irl
* Times of Pofhip Ignorance or Idolatry, or of the
M 2 ' 4 Gofpel's
1 8o ne Parliamentary HISTORY
An. z4Car. I. < Gofpel's dimmer Light; by Means whereof Snares
v ll ' , 4 and Chains were laid upon confcientious and zea-
November. * l°us Men, and the Generality of People held in
* Darknefs, Superftition, and a blind Reverence of
' Perfons and outward Things, fit for Popery and
4 Slavery ; and alfo to take away or loofen that
' Dependance of the Clergy and Ecclefiaftical Af-
' fairs upon the King, and that Intereft of the
* Clergy in the Laws and Civil Affairs, which the
c Craft of both in Length of Time had wrought
' for each other ; which feveral Things were the
* proper Subject of the Reformation endeavoured by
* the Parliament.
4 Contrary wife, on the King's Party, their Intereft
* was to tlifcountenance and fupprefs the Power of
* Godlinefs, or any thing of Conference obliging
4 above or againft human and outward Conftitu-
4 tions ; to reftrain or lefTen the Preaching of the
'-Gofpel and Growth of Light amongft Men ; to
4 hold the Community of Men, as much as might
' be, in a darkfome Ign jrance and Superftition, or
' Formality in Religion, with only an awful Re-
' verence of Perfons, Officers, and outward Difpen-
4 fations, rendering them fit Subjects for Ecclefia-
4 ftical and Civil Tyranny ; and, for thefe Ends,
* to advance and fet up further Forms of Super-
' ftition, or at leaft hold faft the old which had
'. any Foundation in the Laws, whereby Chains
' and Fetters might be held upon, and Advantages
' taken againft, fuch in whom a Zeal or Confcience
* to any thing above Man (hould break forth ; and
4 to uphold and maintain the Dependance of the
* Clergy and Church Matters upon the King, and
" the Greatnefs of the Clergy under him ; and, in
* all thefe Things, to oppofe the Reformation en-
* deavoured by the Parliament.
* Alfo, on the Parliament's Party, their Intereft,
* as well as Duty, was to discountenance Irreligion,
• ' Profanenefs, Debauchery, Vanity, Ambition, and
4 Time-ferving ; and to prefer fuch efpecially as
4 were otherwife given, viz. Confcientious, ftricl
* in
of E N G L A N D. 181
' in Manners, fober, ferious, and of plain and pub- An- 24 Car-
* lie Spirits. ,__
' Contrary to thefe, on the King's Party, it was November.
' to countenance or connive at Profanenefs, Loofe-
* nefs of Manners, Vanity and Luxury of Life ;
* and prefer efpecially fuch as had a Mixture of
4 Ambition and vain Glory with a fervile Spirit,
* rendering them fit to ferve another's Power and
* Greatneis, for the enjoying of fome Share therein
' to themfelves ; in all or moft of which RefpecSh,
* it has been the great Happinefs and Advantage
* to Parliamentary and Public Intereft, that it hath
* been made one with the Intereft of the Godly,
* or, for the Name whereof it has been fo much de-
* rided, the Saints ; as on the ether Side, the King's
' hath been made one with their greateft Oppofites ;
' by Occafion whereof God hath been doubly en-
« gaged in the Caufe, viz. For that, and for the
' Righteoufnefs of it. And to this indeed, through
' the Favour and Prefence of God therewith, the
* Parliament hath Caufe to own and refer the Blef-
* fmg and Succefs that hath accompanied their Af-
* fairs ; which, accordingly as they have held
* fquare, and been kept clofe to this, have prof-^
' pered glorioufly ; and, (wherein, or fo oft as this
c hath been thwarted, fwerved from, or neglected
' in their Manage) have fuffered miferable Blaft-
' ings.
* Thus have we endeavoured to give a juft and
* plain State of the Parliamentary or Public In-
* tereft, and the feveral Parts of it, and of the
* King's in Oppofition thereto, which have been
* the Ground or Subject of Contefts all along this!
' King's Reign ; and efpecially fince this Parlia-j
' ment began, as may appear in the Beginnings,
* Progrefs and feveral Steps of the Conteit : And,
' by what hath been occasionally faid herein, fome
* Judgment may -be made, how far fafe or good*
' the Accommodation is like to be that can be ex-
* pefted by the prefent Treaty. But the feveral
* and oppofite Interefts being thus ftatcd, we mail
M 3 * pro-
1 82 The Parliamentary HISTORY
An. 24. Car. I. « proceed more clearly to fpeak a little to the Qjie-
L l6**' , « ftions ftated before :
November. ' ^»A therefore, as to the Goodnefs (which firft
* implies the Juftnefs) of fuch an Accommodation,
' we cannot but fuppofe,
i. * That where a Perfon, trufted with a limi-
* ted Power to rule according to Laws, and by his
' Truft, with exprefs Covenant and Oath alfo, ob-
* liged to preferve and protect the Rights and Li-
* berties of the People, for and by whom he is iri-
* trufted, (hall not only pervert that Truft, and
* abufe that Power to 'the Hurt and Prejudice of
' the Generality, and to the Oppre0ion, if not De-
' ftruction, of many of them ; but alfo, by the
* Advantage of that Truft and Power he hath,
* ftiall rife to the affuming of hurtful Powers which
f he neyer had committed to him ; and indeed
' take away all thofe Foundations of Right and
* Liberty, and of Redrefs or Remedy too which
' the People had referved from him ; and to fwal-
* low up all into his own abfolute Will and Power j
* to impofe or take away, yea, to deftroy at Plea-
* fure ; and declining all Appeal herein to the e-
* ftablifhed equal Judgment, agreed upon as it
* were betwixt him and his People in all emergent
' Matters of Difference betwixt them, or to any
' Judgment of Men at all, (hall fly to the Way
* of Force upon his trufting People ; and attempt
4 by it to uphold and eftablifh himfelf in that ab-
' folute tyrannical Power fo aflumed over them,
' and in the Exercife thereof at Pleafure j fuch a
* Perfon, in fo doing, does forfeit all that Truft
* and Power he had ; and, abfolving the People
' frem the Bonds of Covenant and Peace betwixt
' him and them, does fet them free to take their
^ beft Advantage ; and, if he fall within their Power
' to proceed in Judgment againft him, even for that
* alone, if there were no more.
2. That if after he is foiled in fuch an At-
* tempt, brought to quit that Claim, to confefs
f hjs QfFence therein, and give them forne verbal
' and
gf ENGLAND. 183
c and legal Afiurances of Remedy and future Se- An- 24 Car-
' curity ; and his Parliament and People thereupon t 1468-
* remitting or willing to forbear that Advantage November.
' againtt him, the fame Perfon, fo foon as he finds
' himfelf a little freed from the Advantage which
' drew thofe Confeflions and Conceffions from him,
* (hall go about to avoid or overthrow all again j
* fhall deny them neceflary Redrefles or Security ;
* flop or oppofe them in going thereabout ; deny
* them all Power either of Redrefs or immediate
* Safety, but at and according to his Will ; and af-
* fume the Power to avoid and oppofe any thing
* they {hould do without him, who had fo lately
* forfeited all the Power he had unto them ; and
' for all this fly to Force again ; raife it without
' Limit ; by it protect Delinquents from judicial
* Proceeding ; and refume and exercife again alone,
* even fitting a Parliament, all the exorbitant and
* unlimited Powers he had fo lately difclaimed ; pro-
* claim that Supreme Council, by which he ought
* to govern himfelf and the Kingdom, Traitors
c and Rebels, who had indeed fo lately indulged
* him his firft Treafon and Forfeiture -3 and, on
* thefe Terms, maintain a War many Years a-
c gainft them, to the fpilling of much Blood, and
* Defolation or Spoil of a great Part of the King-
* dom ; try all Means and Interefts, by Divifions and
* Parties ftirred up within, and Invafions from a-
* broad, to lengthen it out longer ; and aft€r he
' was fubdued, wholly in their Power and at their
' Mercy, to revive and renew it ; multiplying Di-
' fturbances, and never ceafmg till he had wearied
* all Friends in his own and neighbour Nations, or
* folong as any Hopes were left whereby poffibly to
* prolong it ; and ail this meerly to upMold the In-
' tereft of his Will and Power againft the common
* Intcreft of his People j fuch a Perfon in fo doing
* (we may juftly fay is guilty of the higheft Trea-
c fon againft the higheit Law among Men, but
* however) muft needs be the Author of that un-
* iuft War ; and therein guilty of all the innocent
M
184 Vfa Parliamentary HISTORY
Blood fpi'it thereby, and of all the Evils confequent
or concomitant thereunto.
4 Now, to afiume hereupon, whether the King
4 has not, in the fame Cafe, aded all thefe Things
4 and more, we dare appeal to the Story and Evi-
* dericc : If he has not, or can juftly alledge and
4 make it appear, that what he has a£ted thereof
* has not been for the Intereft of his Will or Power,
* or not againft the public Intereft of his People ;
* or that -the Parliament, or any particular Party
4 in the Kingdom, have raifed or continued the
* War for private Interefts of their own, and not
4 for that public Intereft of the Kingdom, which
' we have before ftated; but that they might have
* had all that cleared and allured to the Kingdom
'• with Quietnefs, and would not accept it ; let him
4 then be acquitted in Judgment, and the Guilt
* and Blame be laid where elfe it is due. But if
' indeed he hath acted fuch Things, and in fuch
* Cafe, as before expreft, and all for the particular
4 Intereft of his Will and Power againft the Pub-
* lie Intereft of the Kingdom ; then, (without Men-
* tion orConfideration of ought he has done againft
4 God and Godlinefs, or godly Men ; and tho' we
4 have tquch'd but a few of thofe many moral or
* civil Evils acted by him, which have been judged
4 capital in feveral of his Predeceflors from whom
4 he claims, yet) from that alone which is before
4 fpoken of, we may, without Need of his late im-
* plicit Confeffion, conclude that he has been the
f Author and Continuer of a moft unjuft War j and
4 is confequently guilty of all the Treafon it contains,
4 and of all the innocent Blood, Rapine, Spoil, and
4 Mifchief to the Kingdom acted or occafioned
* thereby ; and if fo, how far the public Juftice of the
f Kingdom can be fatisfied, the Blood, Rapine, &c.
4 avenged or expiated, and the Wrath of God for
* the fame appeafed, without Judgment executed
* agaiuft him j and confequently, how far an Ac-
4 commodation with him, implying a Reftitution
? pf him, when God had} given him fo clearly
4 intq
of E N G L A N D. 1^5
* into your Power to do Juftice, can be juft before An. *+ r*r- T-
* God, or good Men, (without fo much as a judicial
* Trial, or evident Remorfe appearing in him pro-
c portionable to the Offence) we thus recomme*nJ to
' your faddeft and moft ferious Confideration, wha
' muft one Day be accountable for your Judgments
' here on Earth, to that which is the higheft and
* moft juft.
c Indeed both as to the Juftnefs and public Benefit
' of fuch an Accommodation, we mail confefs, (if
' there were good Evidence of a proportionable Re-
* morfe in him, and that his coming in again were
' with a new or changed Heart, as to thefe Things
4 he hath formerly fought againft, and from thofe he
e hath contended for, his Offence being firft judged
* according to Righteoufhefs) his Perfon might be
' capable of Pity, Mercy, and Pardon ; and an Ac-
* commodation with him^ with a full and free
' yielding, on his Part, to all the aforefaid Parts of
* Public and Religious Intereft in Conteft, might,
' in charitable Conftruction, be juft, poffibly faie
1 and beneficial : Or if in the Heat of War, before
* God had fo clearly given his double Judgment
1 r.gainft him in the Caufe, or delivered him into
* your Hands for yours ; and while Affairs ftood
* in fome equal Balance, you then in Love of Peace,
4 which 'tis good to feek with all Men, and for
* faving a further Blood-fhed and Mifery to the
' Kingdom, (which in that Cafe you could not
' otherwife avoid) had, upon a full Provifion for
' the Matters in Queftion, and good Security for
' the future againft him^ made a Peace, by Ac-
* commodation with him, as by your many Ad-
? dreffes you endeavoured, it might have been
* excufable in Point of Prudence ; though you
* had incurred a more remote future Hazard, be-
* caufe thereby you had avoided another more
4 immediate and p relent ; yea the Hazard had been
1 lefs, bccaufe to what he had then agreed, ail
* Men would have accounted him bound, beini;
* then unqueftionably free ; and the Point of Jufticc
f had not then been fo clearly required at your
« Hands,
1 86 The Parliamentary HISTORY
An. Z4 Car. I.* Hands, becaufe not yet altogether in your Power.
l6^' * But as this whole latter Suppofidon is, by Trne
November. * and the good Hand of God towards you, excluded
' the Cafe, fo neither is there any colourable Ground
' for the former, but Evidence of the contrary: For,
f as to that only Colour of any Change of Heart
* in him, which his implicit Confeffion of a Fault,
* in yielding to your firft Propofition, does import ;
e firft, how flight and (lender that Confeffion is,
' the Tenor of that Propofition may fJbcw ; and
* yet, had he timely, freely and clearly, confefled
* but fo much, as from Conviction or Remorfe, or
' from a Scnfe of the Hand of God againft him,
* or had left us but a Ground of Charity to believe
* it fo, we fhould have thought ourfelves bound to
* regard it with proportionable Tendernefs towards
' him ; or at leaft, fhould have thought it not in-
* genuous nor ChrifHan to take Advantage, from
* fuch Confeffion, the more to profecute him for
* it ; but having fo long and obftinately, both in.
* Word and Practice, till now, denied it ; and ne-
* ver confeft it, untill all his other Ways of Force,
* Policy, or Fraud, whereby he hath attempted to
* juftify himfelf, had failed him ; and no other
* Shift left, but by this forced, yet feeming yield-
' ing, Acknowledgement to fave himfelf and de-
* lude the People, untill he can find or work out
' fome new Advantage ; and confeffing it now but
* conditionally, viz. So as you agree with and fa-
' tisfy him in other Things j which Kind of Con-
' feffion, where the Matter in QuelHon is con-
'^cerning true or falfe, juft or unjuft, and extend-
c ing to Innocency or horrid Sin, does feem to
* imply fuch Hypocrify as, we think, was never
' yet fo proclaimed before God and the W^orld :
' And when, at the fame Time, while thus ia
c Words he confefieth it, yet in Practice he denies
' it (till, by his continuing and not recalling his
c Commiffions to the Prince and other Englljb Re-
* bels and Revolters ; yea to Qrmond and his af-
4 fociated Irijh Rebels alfo, all which are fo con-
* trary to that verbal Confeffion \ and by his try-
of ENGLAND. 187
e ing all Interefts ftill to make a.Party againft it ; An. 24. Ca?. I.
' in this Cafe, it were Stupidity, rather than Cha- l 1 fc4" ' j
* rity, nay indeed we think a Wrong to his Inten- November.
' tions, to undcrftand that Confeflion as from in-
' ward Remorfe or Conviction : So that as the Cafe
4 ftands, it goes only fo far as may ferve for further
' Ground of Condemnation againft him ; but not
' at all of Satisfadlion from him.
* And admitting no fuch Change or Conviction,
* even when there are verbal Confeflion s and Con-
' cefnons carrying a Semblance thereof, but that
* his Reftitution would be with the fame Principles
* and Affections, both as to Civil and Religious In-
' terefts, from which he hath acted the paft Evils ;
' and, after fome former like Acknowledgements
' and Agreement, hath returned to the fame Byafs
' upon his next Advantages ; then, befides the
' Unrighteoufnefs of the Accommodation and Re-
' admiflion, which is before already cleared ; and
« befides Matter of Danger, which we (hall fhew
' in its Place, we defire all good Men to confider
' it as to the other Point, the public Benefit.
' And here, what Fruits can be hoped from fuch
* a Re-union or renewed Communion betwixt thofe
' Contraries God hath once fo feparated, viz. Of
' Principles or Affections of Liberty, with Prin-
' ciples of Tyranny ; Principles of public Intereft,
* with Principles of Prerogative and particular In-
* tereft ; Principles of Zeal and the Power of God-
* linefs, with Principles of Formality and Superfti-r
' tion in Religion; we might fay indeed, of Light
' with Darknefs, of Good with Evil, as would be
* implied in his Reftitution ; to be, as it were, your
c Head, your King again, and to have that high Truft
* and Influence in relation to our Peace, Rights,
* and Liberties, civil and religious, with the fame
' Principles and Affections from which he hath fo
* much and fo long oppofed them ? For, if his
* Kingly Office be not of Ufe or Truft in relation
' to them, what needs his Reftitution ? If it be,
* then this Doubt holds juft,
« Next
Parliamentary H i s T o. R y
« Next, to the other Part of the preceeding Que-'
< ftion, tt/z. Concerning the Safety of an Agree -
November ment for his Reftimtion, efpecially fuppofing no
' real Remorfe or Change, but ftill the lame Piin-
f ciples and Affections j although in the Terms of
' the Accommodation and Reftitution, you had a
* more ample Conceffion of the Public Intereft in
' Queftion than you are like to have when he hath
' granted all you have demanded, and as full Se-
' curity for future Obfervance of the Agreement
* as \Vords or Letters, yea Oaths, can give ; and
' though we might fuppofe him as true and juft
' in the Obfervance of fuch an Agreement as other
' Kings or Princes (once given up unto, and en-
' gaged upon, fuch Principles and Ways of Tyran-
* ny or Self-intereft) ufe to be ; yet, firft in general,
4 we might make a juft Appeal to the Experience
* of Ages and Nations, what Danger there is in any
* fuch Accommodations, both to the Public Intereft
' in Conteft, and to the Perfons or Parties that
' have engaged for it ; and we might challenge
* all Story for one Inftance in the like Cafe,, viz.
* Where any fuch King, claiming and afluming
4 fuch Powers and Prerogatives over a People be-
* yond his Bounds ; and, upon Oppofition from the
* People therein, flying to Force ; and, in a War
* upon them, endeavouring to gain the fame by
* Conqueft ; but inftead thereof lofmg both what
* he fo claimed, and all he had before in a full
c Conqueft, on their Parts, over him ; we fay, in
* fuch Cafe, we would fain fee an Inftance where
* ever, after fo long a War, fo much Blood fpilt,
* and fuch Spoil made, the People having at laft
' wholly fubdued him, and gained their own Caufe
4 in that Way of Force and Conqueft, to which
' he had fo appealed, and having him and his Par-*
' ty captivated and in their Power, did either will-
' ingly fubjedl all to Qiieftion again in a Treaty
' with him of their own tendering ; or by it feek
' both that Public Infereft, (or rather but a flender
*: Portion of that which" God had fo wholly and free-
My,
of E N G L A N D. 189
c ly, by his righteous Judgment, given unto them) An- 24 ^dr- r«
* and even their own Safety and Indemnity there-
' with, to be all had as Conceflions or that their
4 Enemy's Hand ; and deeming him as a Perfon
4 not punilhable or accountable for whatever Evil
' he had endeavoured or done, to reftore him up-
' on fuch Conceflions to his Throne again ; we fay,
* we would gladly have a parallel Inftance, where
' ever indeed any People, before this, were in the
4 like Cafe given up to fuch a prepofterous and felf-
< defeating Way ; or an Inftance of almoft any Ac-
« commodation of the like Kind at all, with a Re-
< admiflion of fuch a Perfon to the fame Office,
« State, and Revenue, with the leaft Shadow of
8 the fame Power, or to the leaft Footing therein,
« upon the fame Account or Claim of Right, on
« the Foundation whereof he had before afl'umed
* fuch Powers ; where fuch Accommodations ever
6 proved fafe either to the Public Intereft in Con-
* teft, or to 'the Perfon s engaged therein ; or did
« not prove ruinous to the one and the other, or
1 at leaft end in the Irruptions of new and more
4 bloody and bitter Contefts about the fame Things,
< either in the fame or fucceeding Age, and thofe
< with more Hazard and Difadvantage to the Pub-
* lie Intereft and Party adhering thereto, than the
4 former j or where indeed any People contending,
* and once engaging in War againft a Tyrant for
< their Liberties, did ever fully redeem and hold
« the fame with a Re-admiflion of him ; or with-
* out, firft or laft, difclaiming and renouncing all
4 Dependance on him, or Accord with him for the
' fame ; and an utter Rejection, Expulfion, and
* Depofure, either of his whole Race, and all that
* claimed upon the fame Account of Right, or, at
' leaft, of his particular Perfon ; and Execution of
* Juftice upon him, if he fell within their Power.
' With this latter Way of proceeding we have
c heard of many Inftances of People fully recover-
* ing their Liberties, and happily retaining the fame;
* but, without it, or in the former Way of Accom-
* modation and Reftitution, we have not heard, or
5 * read,
1 96 ¥he Parliamentary HISTORY
An. 24 Car. I. < read, of any fo fucceeding. There is abunda/U
, ' Experience to teach us how ordinary, yea, we
* may fay conftant, a Thing it has been for Kings
* and Princes in fuch Cafes, when they could not
* prevail in the Way of Force, to leave that, and
' apply themfelves by Fraud to accomplifh their
* Ends and Wills upon the People ; and when, in
* fuch Contefts with them by the Sword, they have
' been brought into Straits, then to cry up Peace ;
' and, under that glorious Golden Bate, which the
* People, wearied with War, and the troublefome
* and chargeable Concomitants thereof, are moft
* apt to catch at, having drawn them into Ways
' of Accommodation, to make fome feigned Yield-
* ing-tip of thofe Prerogatives and Advantages they
' find they cannot hold ; and, by large Promifes,
* Conceflions, and Aflurances on any Terms, to
* make Agreements with them, whereby to quiet
* the People, and get themfelves into the Throne
4 again ; and yet afterwards, upon their next Ad-
' vantage, to break and make void all again, and
* profecute fuch Advantages, to the Overthrow^both
* of the Public Intereft, and thofe that had cngag'd
' for it, without Regard of Faith or Oath, further
f than Neceflity hath held them thereto, where
' any Advantage for the accompliming of their
' Ends hath led them to a Breach. How apt firft
* fuch Princes are to this, and next how eafy it is
* for them, when they find Advantages, to find
4 Occafions alfo, and pick Quarrels to make a
* Breach, even with a colourable Saving to their
' Faith and Honour, engaged in fuch Agreements ;
* and laftly, how eafy alfo, after tftey are fo got
* into the Saddle again, and the People, by their
' fair Conceflions, Promifes, and Engagements,
c lull'd into a Security, to find or work out fuch
4 Advantages to themfelves ; and profecute them to
* greater Prejudice both of the Public and the par-
' ticular Perfons engaged for it, than before fuch
' Contefts begun, or, without fuch Accord there-
' upon, they could have done ; as Experiences do
* abound, fo there wants not Reafon enough to
* teach us.
' For
^ENGLAND. 191
* For the firft : Where a Prince is once given An- 24 c-r-
« up to that Self-intereft of his Will and Power, fo , 5*s>
*• as to make it his higheft End, or, at leaft, to pre- November*
' fer it above the Public Intereft and Welfare ; yea
* above the Safety and Peace of his People, (as,
* Where he makes War againft them for it, it is
' apparent he does) and to prefer it above Religion
4 too, (;'.s is evident, when he attempts the mould-
' ing and forming of Religion to fubferve that End)
* fuch a Perfon fare cannot want any Principles of
' Falfhood, Cruelty, or Revenge, fuitable to fuch
* an End ; neither in Reafon is it like that he will
* regard any Engagements of Faith or Oath, or
* flop or boggle at any thing of that Kind, further
' than Neceffity does hold him thereto, or where
' a Neceflity or Advantage, for the accompliftiing
* of that his* higheft End, does lead to a Breach.
* And indeed, when the Bonds once accepted by
' him with unqueftionable Freedom, at his Admif-
' fion to the Throne, the Bonds of Law, yea the
' fundamental Bonds of Truft betwixt him and his
' People, the very Covenant of Peace, yea the
' Oath of God betwixt them would not hold him ;
' but of his own Mind, without Occafion before
' given, have been all violated by him : And, to
' juftify himfelf, and protect his Inftruments in
' that, the Law of Force, admitting no Bounds
* but Power, hath been chofen and fet up by him,
* and profecuted to the utmoft in a long and bloody
c War ; how can it be expedled that the Bonds of
* new Conceflions and Agreements, with whatever
' Aflurances, that are but verbal or literal, being
' impofed by Force upon him, or yielded to from
' nothing but an invincible or powerful Neceflity,
' can be of more Awe or Rega*rd with him, or
' Power to hold him, when any Advantage to gain
* what he fought, or recover what he loft, does of-
* fer itfelf ? And as for Revenge ; how natural it
* is for a Prince, fo given up to that Self-intereft
' of Will and Power, and how neceflary to his In -
* tereft to feek and pfofecute Revenge againft all
* eminent Oppofers, and much more the Oppug-
' ners
1 92 *fbe Parliamentary H i s T o R t
An. 24 Car. i. < ners thereof, we wifh your own Reafon, and the
^ , ' Experience of others, may rather warn you than
November c that you Should put it to Trial in your own
4 Cafes.
* And hath your and our Experience of this
' King, with whom we havef to do, given Caufe to
* hope better Things from him, in thefe Refpefts,
* than other Ages or Nations ever found from other
4 Princes in the like Cafe ? Firfr, for Point of
4 Faith-keeping, befides his firft numerous Breaches
' of his original Faith to his Kingdoms in the whole
* Manage of his Government and Truft before the
' Wars, witnefs his Accords with the Scots Na-
* tion, and how he kept them ; his feeming Com-
* pliances inpartwith this Parliament, in the Time
* of his Straits, and feigned Acknowledgments of
c part Errors, with Promifes of Redrefs and future
4 Amendment, untill your Bounty, in paying ofF
' the Scots and Englijh Armies at that Time, had
4 delivered him from thofe Straits ; and then, fo
* foon as you came to thofe Particulars which
4 fhould have effectuated that Redrefs and aflured
* future Remedy, by tying his Hands, and deter-
c ing others from the like Exorbitances, imme-
* diately flying out again to higher and greater;
* and, firft by Policy, then by Force, going about
* to overthrow thofe Foundations of Remedy which
' he had granted in the afcertaining of this Parlia-
\ * ment, &c. And let thofe many Particulars of
* Hypocrify, Diflimulation, and Treachery, couch-
* ed under his faireft Overtures, Profeilions, and
' Proteftations, which yourfelves in feveral Decla-
* rations have obferved and recorded, befpeak what
4 Caufe there is to confide in his Promifes or En-
4 gagements.
4 As to his Innocency in point of Revenge,'
* witnefs thofe petty Revenges, after feveral Par-
* liaments, and yet fotne of them extending to
* Death through Hardfliip of Imprifonment, which
' were fought and taken againlt fuch Patriots as
* had, in them, appeared but to aflert the com-
4 mon Liberties againft his Intereft. Witnefs his
'•At-
if ENGLAND. 193,
5 Attempts of higher, in the Proceedings agairift An. 44 Car. I.
k the Members he impe >ched ; and let the feveral t , .. l6*? • •
* Defignations of fome toi the Slaughter, fome to November,
* Exile, others to Prifons^ all to Mifery of one
* Sort or other, which, upon any Hopes of pre- ,
* vailing in the former or latter War, have been
' made againft his eminent Oppofers amongft you,
* fuffice to teach you and your Adherents, what »
* Mercies might be expected from him and his
' Party, if he ever had, or yet ftiall gain, the Ad-
4 vantage over you.
' Next, for the Facility of a Prince's finding
c Occafion and Quarrel after fuch art Agreement
* to make a Breach, when he finds his Advantage,
' and yet with fome colurable Saving to his Ho-
6 nour : We know, in all mutual Agreements,
* where each Party grants and takes, and fome-
* thing is to be made good by each Party towards
e the other$ how eafy it is to find< or pretend, a
* Failure of full Performance^ arid thence to avoid
4 the Obligation to the Agreement ; and efpecially
' in Agreements of StatCj if all Matters df Power^
4 Truft* and Right* are not fully cleared and de-
* termined, fo as to ftate the Supreme Truft and
' conclufive Judgment, to all Intents and Purpofes*
* fully and abfolutely in one Party or other, but
' that fomething be left divided* or at leaft fuf-
* pended, betwixt them ; in fuch Cafe, how eafy is
* it for the Party that is Lofer by the Agreement to
* find, or feign, an Intrenchment of the other be-
' yond the itated Bounds, and thr-fice to make a
'• new Breach when he fees his Advantage for it ?
* But however, when any Thing within the Com-
* pafs of what was fo left fufpended does, in Prac-
* tice, come to Queftion and Difference, 'and neither
'.Party trufted fingly to conclude, there is a clear
* Foundation for a Breach ; unlefs they either agree
c to lay the Matter afide^ which perhaps the gain-
' ing Party cannot do, and fo, by the Lofer Vmeer
' ftanding ofFj may be ncccflitated to appear the
* firft Actor in a Breach, or elfe come to a new
* Agreement upon every fuch Particular.
VOL. XVIII. N « We
tfke Parliamentary HISTORY
c We know, befides, what Court Maxims there
* are amongft the King's Party concerning fome
N*»T«ubcr. * Fundamental Rights of a Crown, which the King
* cannot give away ; and their common Scruple
* whether a King, granting away fuch or any other
* Hereditary Crown-Rights, can oblige his Heirs
* or Succeflbrs, or exclude their Claim : But if all
4 other Pretexts fail, their Non-obligation to what
4 is wrefted from diem by Force, in a powerful
* Rebellion, as they count it, will ferve fuch a
* King's Confcience for a Shift to make a Breach,
* where he finds his Advantage. And are not all
* thefe Occafions or Pretexts obvious in our Cafe !
' To fay nothing of the Matters of Supreme Power
* and Trufr, which, though all your Propofitions
, 4 be granted, will yet be left divided or fufpended,
* not only betwixt the feveral Houfes, but betwixt
* them both and the King ; nor yet of the im-
* perfect bargaining for feveral Parts of it, which,
* by the Tenor of the Proportions, are taken,
* Come, as it were, by Leafe, all by Grant, from
* the King, fo as to confirm rather than weaken
* his Claim of the original Right to be in him and
* his ; from both which Kinds of Defect or Uncer-
* tainty in the Agreement there will be left many
' apt Occafions, an<i particular Grounds, for a
* Breach when Time fhall ferve. Is it not appa-
*" rent that, from that more general Confideration
* of the Condition of the King in this Treaty, and
* the Force or Keceflity lying upon him, a Ground
* of Evalion or Exception lies to the whole Agree -
* ment, as not obliging on the King's Part, what-
c ever Conceflions or Aflurances are fo drawn from
* him ? What Account the King and his Party do
* upon that Ground make of the Treaty, befides the
* common Voice of them all in all Corners, That
4 the King, good Man, is meerly forced to what
* he grants, we may fee it publickly and authen-
* tickly avowed by the Prince and his Council, in
4 his Declaration in Anfwer to the Earl of War*
1 weft Summons of the revolted Fleet at Gone ;
4 where,
of ENGLAND.
* where, befides other PaiTages hinting the fame An
4 Thing, the Prince clearly fays (a], The King, in
' Truth, is Jlill in Prifon, with fuch Circumjlances
* of Rejfraint, as, to Jay no more, are net ufual in
4 the Cafe of the moji private Pcrfon ; and wkoje
4 Delivery and Freedom therefrom all his Subjects
4 are obliged to endeavour, by tht Laws of God and
* Man, to their utmoft Hazard; and afterwards
4 invites the Earl of Warwick to join with his
4 Highnefs, in the Refcue of his Royal Father from
4 his unworthy Imprifonment. This being in An-
* fwer to that Summons, wherein the Earl of
4 Warwick invited the Ships to come in upon that
4 very Ground, that the King and Parliament were
4 in Treaty for Peace, we can take to intend no
4 lefs than a plain Difavower of this Treaty, and a
4 Difclaimer of whatever (hall be concluded there-
4 upon ; and, coming from the Prince and his
4 Council, confider him as Heir Apparent, it ferves
* at leaft to acquit himfelf and Pofterity from being
* concluded by what his Father in fuch Cafe (hall
4 content unto, to the Prejudice of the Crown ;
* and, confider him as having, by his unlimited
4 Commiflion as Generaliffimo, the higheft Power
4 of the Kingdom which the King could devife
* to give ; and fo he and his Council, while the
4 King is in Durance, being the next vifible Head
* of the King's Party ; and having the higheft Truft
* in relation to the Intercft of the King, his Crown,
4 and Party ; it is alfo, on the King's and their
4 Behalf, the moft authentic Declaration of their
4 Senfe of the Treaty, which could well be ex-
4 pe&ed in the Cafe, while the King and his Coun-
4 cil here, being fuppofed under Force as to all
* Things elfe, cannot be fuppofed free in that Point
4 to declare his real Judgment ; and" fo it may fervc
4 in Behalf of the King, his Heirs, and whole
4 Party, as a Proteftation againft any Conclufiort
4 by this Treaty, or whatever (hall therein b«
4 drawn from him to his own or their Prejudice.
N 2 "4 And
(»}ln eur S**ente<rnth Volume, p. 497.
The Parliamentary HISTORY
c And indeed the King himfelf, in divers of hi?
£ Papers that have come from him to you in refa-
* t'on to tn's Treaty, has, in fuch foft Language
* as might befit the Condition of your Prifoner, in-
* fmuated the fame Senfe of the Treaty, and his
' Condition therein, and of the Validity or Repute
* of any Conclusions thereupon, while his Condition
* fhoald remain the fame, and cot more free. And
' thefe feveral Declarations and Infmuations hereof
* being fen.t, thofe from the King, immediately
* to yourfelves ; that from the Prince, his General,
4 to your Admiral, a&d from him to your own
' Hands j and both being fent you during the Trea-
c ty, before any Conclufton upon it, will remain up-
* on Record before you perpetual Witnefles againft
e the Validity thereof, of *any Obligingnefs as to
* them. Nor is it his or their Senfe alone, or
* .without Grounds to gain Belief, but, (confidering
' he is but to fmall a Step removed from the Caftle,
* vvheie he was your abfolute Prifoner, and ftill
' confined within the Town or Ifland, which is
6 your Garrifon ; and fo remaining under the Power
* of your Guards, and even in that Condition be-
* ing but upon his Parole) we doubt the fame Senfe
* and Judgment thereupon will be aptly made and
' received, by intelligent Spectators both of this
' and Neighbour Nations, and by Ages to come j
' and that the Degree of Enlargement you have af-
« forded him, with the petty State added, will be
* underftood but as a Mock-Liberty and Counter-
* feit of State, intended only to fet him up in fome
* colourable Pofture and Equipage to be the more
* handfomely treated with ; but not as a fetting him
' free from your Force, or leaving him free in
* what he grants, fo as to render it obliging when
' granted : And though, as to the Reality of the
* Cafe, there might be Freedom enough to make
< his Conceffions in Honefty obliging, or his Ab-
* folution therefrom at leaft difpu table, yet he, and
' the Prince in his Behalf having, as is before ex-
4 preffed, in the beft Way they could, declared to
* you beforehand their Senfe to the contrary,
of E N G L A N D. 197
* as to his and their Part, his Condition in the An. 24 Car. I.
* Treaty {landing as it was ; if you, after fuch fair . _l64*' ^
* and timely Warning, would needs yet proceed November.
* in Treaty, without Alteration of his Condition
* or th£ Terms of it, and come to Conclufions
' therein to bind up yourfelves, who will not fay
* he and his Party had Reafon fo far to comply
* with your Proceeding upon it ; and yet account
' that, as to any obliging on their Part (whether
* he were really under Durefs or not, yet) their
* timely Precaution to you concerning their con-
* trary Senfe of it, was a fufficient Acquital of
* them, not 'only from being bound by any Agree-
* ment upon it, but from any Imputation of deceit-
* ful dealing with you, tho' they obferve not what
* fhall be fo agreed upon ; fince, after fuch Pre-
* caution from them, it was your own Fault, and
* at your own Peril, if you proceed with them up-
* on fo rotten a Foundation ; fo ss if you be co-
' zened, you cozen yourfelves, and cannot blame
' them or any body elfe for it.
' And truly this Confideration, as (when we firft
c took Notice of thofe PafTages in that Declaration
' from the Prince, and the King's Papers) it did
' more awaken us to confider your Hazards in this
' Treaty than before ; fo it ferves moft clearly to
* fet forth the miferable Straits and Snares you are
' thereby intangled in : To look no further into Par-
e ticulars, that great and dangerous Evil, of old fo
* much declined and abhorred by you and our Bre-
4 thren of Scotland, and more lately fo much ftrug-
* gled againft by yourfelves in the previous Debates
* concerning this Treaty, viz. the King's Return
' to London, and to his Parliament and Throne
' again, without Satisfaction and Security before
* given, is thus at lait like to come upon you ; and
' that upon worfe Terms, if you proceed in this
' Treaty to conclude yourfelves and re-admit him,
* than if you had let him come without any fore-
* going Agreement at all ; for had you let him
* come fo, both yourfelves and he beln^, ire;, if then
N 3 4 he
198 We Parliamentary HISTORY
c he had granted any thing of Satisfaction or Secu-
4 rity, all Men would have accounted him bound
* by it, and the Conceflion valid ; ©r if he had
* denied you neceflary Things in that Kind, your
* further Proceeding in other Ways to fecure your-
' felves and the Kingdom as;ainft him, would have
' been thought more necefTary, juft, and clear :
* And though, being at Liberty, he had perfonally
e headed his Party in the City and elfewhere, with
* greater Advantages than ever, to aflert once more
* his old Quarrel in a new War, yet you h'ad known
' the worft on't, viz. to fight it over again only fo
* much the fooner ; but in the Way you are now
' engaged in, the King has the Advantage to yield
' to any thing at laft which he cannot getA you to
* abate; and yet when, having granted all, he gets,
6 upon your own Terms, to his beloved Seat and
* Throne again, behold he is free, as if he had
' granted nothing, to take the beft Advantage
* againft you whrn he fees his Time ; and mean
* while may reft fecure in a good Condition and
' wait his Advantage, having gof your Hands
* bound ; till he, rinding it, fhall ftrike the firft
* Stroke again, which 'tis like he will rhake a fure
' one, if he can, to difable you from a Return.
«• We proceed to the next Confideration, viz.
€ How eafy it is for a Prince, after fuch Accom-
* modation, admitting him either not bound, or
* not confcientious of his Bonds, or having Occa-
* lions or Pretexts for a Breach, to find or work
* out Advantages, whereby to overthrow all he has
* granted to the Public Interefts ; and, in the Ruin
* of thofe that engaged againft him for it, to fet up
' his own above all ; which, for Brevity, we fhall
' not fo much confider generally 'in the common
' Advantages which Princes in fuch Cafe ufually
* have, as particularly in thofe which this King
* clearly has, or is like to have, in this of yours.
4 The King comes in with the Reputation,
f among the People, of having long gracioufly
* fought Peace, although indeed ever fmce he found
* you
of ENGLAND. 19^
* you in Condition to oppofe his Force, it was his An- 24 Car. !•
c Intereft and his beft Play ; and especially fmce , l6*8' ,
* you had beaten his Force, it was his neceflary and November,
* only Play. He comes with the Reputation of
' having long fought it by a Perfonal Treaty, which
* at laft has proved, as he prophefied, the only ef-
' fedlual Means ; and fo you having fo long denied
* that, and only plied him with peremptory Propo-
' fitions, and yet at laft granting it, are, in that
* Self-Condemnation, rendered by his Friends, as
' having deceitfully or unneceflarily continued Bur-
' thens, and refufed Peace fo long, in refufing that
' the King's Way, in which you might as well
1 have had it fooner as now j altho' the Truth is,
' neither the Treaty, nor the Perfonality of it, have
' advanced the Bufmefs one Jot ; fmce the King
' grants now the fame Things, and in the fain*
' Terms, which he has fo oft in particular denied,
* yea, protefted and fworn he would not ; and the
* Alteration is far enough from Conviction by
' Treaty, as is before demonft rated, and vifibly
' from a greater Neceflity or Advantage found now
* to induce the yielding than formerly. He comes
' alfo with the Reputation of having granted, for
* Peace Sake, all that you, as unwilling to Peace,
* have rigidly ftood upon ; although, when it is
* fumm'd up, it will appear of very little advan-
* tage or Security to Public Intereft ; and, by a
* Trick or Referve that he has, of none at all, as
* before is {hewed : However, with the People,
' he carries thefe and the like Points of Reputation
' before him, and wants not Trumpets every where
' to blaze them fufficiently to his Renown, and
' your own Reproach. Under fuch Banners of
' Love and Honour, he comes in the only true Fa-
* ther of his People, you being proved their cruel
* Fofter-Fathers ; he the Repairer of their Breaches
c which you had made ; he the Reftorer of their be-
' loved Peace, Eafe, and Freedoms, which you, as
* his Creatures render it, had ravifhed or cheated
€ them of thus lanj ; he the Reftorer of their Trad^
N 4 « ancj
200 The Parliamentary HISTORY
24 Car. i. « anc} Plenty too, which you had thus long ob*
' ftru&ed ; he, as a Conqueror in Sufferings and,
* Patience, a Denver of himfelf for the Good of
*• his People, and what not that is glorious and en-
* dearing. And thus would the People be lulled,
' and indeed cheated, into a Security, as to any
* further Apprehenfions of Evil from him ; yea,
' poflefled with Acknowledgements and Expec-ta-
' tions of all their Good from him, and their Jea-
* loufies awakened a:»ainft you and your Adhe-
' rents only. And yet, to heighten the fame
' more into perfect Hatred, you (as wife, yea as
' honeft Men, for their Safety and Intereft, though
* they fee it not) muft continue an Army and Gar-
* rifon ftill ; and that not the lefs, but much more
* for his coming in again, than if you had taken
* another Gourf^utterly to {hut him out, as we {hall
c- {hew anon ; an.J fo you will be neceflitated, not-
' withftanding -the Accommodation, to continue
* Taxes and Impofitions for Maintenance of that
* Force, to the Burden and Grievance of the People,
' and the greater Increafe of their Difcontents and
* Hate towards you : For if after this Accommoda-
* tion, to eafe and fatisfy them,you {hall ever difband
f your Forces, while the King is at his Liberty, and
* in his Throne again, you give him his End or
* wifhed Opportunity, in laying yourfelves, your
? Adherents, and the Public Intereft all level a-
6 gain with him and his, as if you had never pre-
' vailed, nor had any Advantage over them ; and
' fo, for all your Satisfaction and Security, you
' are at the King's Courtefy ftill ; and if he will
' break, you are but where you were at firft, arid
' the public Intereft nothing advantaged or fecured
* by ought obtained or done in the War ; but the
' King in the fame, or much fairer Poifibility to
4 revive the old Quarrel, renew his Force with
' greater Advantage, and put you to fight it over
4 again, or rather may carry it without Fighting ;
* fmce, after fo much Blood, and Coft, and Trouble
f for nothing, it is not like you will find a compe-
* ' tent
*f ENGLAND. 201
9 tent Party for the oppofuig of him ready to en- An- *4 Car«
* gage again on the fame Terms ; and if he gain t ' V
•* any Strength to appear for him, which who can ftg vender,
doubt when your Forces are difbandeu, confider-
what a numerous Party he has engaged to it
•reft and Neceiiicy ; fome inclined to it by
s and •; emper, others in Humour and
, a gain ft the prefent Government ; the
: uy 01 the People (wearied with the former
w/.ereof 'they have found fo great Mifery,
• itcle Fruit) if they fee a Strength on his
i'art t • '• :atn:n;j; a new War, and none ready on
your I' Tt to hai .nee ic, which might hold them
at le.it in NT itri'uy, will furtly be more apt
to join unaninv ufly with him, or let him have
\vh-:L e v- i 1, taat there may be no War, than
join with you to maintain another War, to fo
much Prejudice and fo ILtle Purpole as they have
found th'- former. Aiu! if, to appeafe the King
and his enraged Party, a Sacrifice of thofe thi.t
oppofed him in the former will ferve the Turn,
the People, it is like, will be fo far from flick-
ing at that, as it is tome Queftion to whom it
would be more acceptable, the King or them ;
the People, by the Cavaliers clamorous and cun-
ning Suggeftions, and the Advantages you have
given thereto, through the unfettled, endlefs, and
rruitlefs Ways of Trouble you have held them
in, being already pretty well poflefled, and by
that Time like to be further perfuaded againft
you, as if in all this War you had merely cozen-
ed them ; fo as you are like to have their Hate no
lefs, as for abufmg ther% than the King's for
oppofmg him.
4 If to fecure that little Advantage to Public In-
tereft, which in the prefent Way you will have
gained, or rather to prevent a total Lofs of all
thereupon, you continue a furKcient Strength, and
therewith Taxes and Impofitions to maintain it ;
thefe, as they are always grievous to the People,
.* fo they will, after the Peace fuppofed to be fet-
< tied,
2o2 The Parliamentary HISTORY
AM. 14 Car. I. « tied, be fo much the more difcontenting, by how
1648. ( mucn they may be then deemed unneceflary ; for
* tne King having in the Terms of Accommoda-
* tion, granted what yourfelves did afk ; and there-
4 in fuch fuppofed Security, as that you need not
* fear new Troubles, though few will confider
' wherein that little Security does lye ; or at ieaft
' (by his yielding as it were for Peace Sake, to all
c your Demands) having given, in the People's
* Apprehenfions, fuch Aflurances of his Love to
1 Peace, as that no Danger of new War or Trouble
* feems to be feared from him ; in this Cafe the
* Continuance of Forces and Taxes will furely be
* thought no further needful for any public End ;
* for, in common Judgment, if War made Sol-
* diers needful, then furely Peace muft render them
4 needlefs ; and therefore it will be aptly thought,
* if yet Soldiers be kept up, and Taxes continued,
4 it is furely either for the Gain, or Advantage, or
c fome private Defign of thofe that continue them ;
4 and upon thefe Grounds, with Unwillingnefs and
* Backwardnefs to pay Taxes, and Difcontents at
4 the Burden of them, there muft naturally grow
< up Jealoufies and Heart-burnings againft thofe
* that require them. Thefe to foment and inflame
*• to the Height, and thereby to fweeten and en-
* dear the King with the People, will be his and the
* Cavaliers fureft Play ; and otherwife to fit that
* while, if they have but the Patience, as ftill as
* Lambs. How colourable and plaufible will it
4 be for them to fuggeft, and how apt for the
•-People to receive, That the King is no way to
* be blamed for any of thofe Burdens ; he, good
* Man, has yielded to any Thing, and done what
* he could, that there might be no Need of them*-
*• and now he gives no Confent to them ; but the
4 Parliament does them without him, and have
* bound up and excluded him from his wonted Ne-
*, gative Voice therein, otherwifc he would refufe
* and hinder them ; but being not in Power to
* help the People, he can only pity them in thefe
4 Things ;
$f E N G L A N D. 203
€ Things ; and now they may fee what they gain An- 24 Car. l.
* by their Parliaments, or how much it is to their *6*8'
4 common Prejudice, as well as the King's, to have November
the King in any Particular excluded from his
4 Negative Voice, and the Parliament free to pro-
4 ceed in ought without him. And thus eafily
* may the People, from their common Unwilling-
* nefs to part with Money, although for their real
* Safety, be at once inflamed into a Refufal and Op-
* pofition therein ; and deluded into a Refentment
* of that which is the King's Intereft, as if it were
4 their own, and fo engaged with and for him and
* his Party, as having one common Caufe with
* themfelves. And if thus they be once heightened
' but into a refolved with-holding of Payments for
* the Maintenance of that neceflary Strength you
4 keep for the common Safety and Peace, you muft
* then either give the King his End and Advan-
* tage, as is before exprefled, in diflfolving your
' Forces, or elfe ufe extraordinary Ways of Power
' and Rigour towards the People, to inforce fuch
' neceflary Payments ; this will ftill enrage them
' higher againft you, and ferve to endear and en-
' gage them more to the King and his Intereft,
' colourably in Point of their Liberties then, as
' well as their Eafe before ; until at laft the People,
' for both, being raifed againft you, and therein
' joining with, and being headed by, the King
* and his Party, whofe Intereft fo far feems one
* with theirs, you, unlefs you will give up all,
f muft come to make a War againft the poor de-
4 ceived People for that which is really their own
* Caufe : And the King by the People, as it were
* for their proper Liberties and Intereft, may make
* War againft you, to the creeling of his own, and
4 the Overthrow of the common Intereft, both
' yours and theirs. For Solution of which feem-
' ing Riddle, -much needs not to be faid, fince what
' you j contend for is their general, fundamental,
' and perpetunl Liberties ; for the Prefei vation
* whereof you will be forced to prefs upon them
* in particular Matters, againft their prefent Eafe
' and
204 The Parliamentary HISTORY
An. 24 Car. I. c ancj free!jorns . anj the People being ordinarily
t ' * ' _, £ more affected with the latter, as more immediate
November. ' a°d ftnfible, and lefs with the former, which are
' more remote and to them lefs imeliigible, the
' King clofing with them under Prettr.ce of the
'latter, which they can feel, may eafily engage
' them to the Prejudice of the former, which they
' hardly difcern.
' By what we have here faid, it may, by the
' way, appear how much it is for the King's In-
4 tereft and Advantage, fmce he cannot carry all
' by Force or War, to make a Peace on any
' Terms, though in Words never fo much to the
* Diminution of his Power, if thereby he ,can but
' fecure himfelf, and get into his Seat again ; and
' confequently we may the better guefs how far
' Conveifion, or Conviction, hath Place in his pre-
' fent yielding to Things he hath fo often faid and
' fworn he never would ; and in his granting now,
* at the Motion of his Englijh Parliament, what
' he hath fo often denied at the preffing Inftance of
* both Kingdoms : For having- fufficient Proof of
* your prefent Forces, that they will neither be
' drawn to ferve his Turn themfelves, nor eafily
e fuffer others that would j and having found, in
* the laft Summer's Defign, that it would not per-
* fc&ly take with the Body of the People, to cry
' down your Army, tho* with decrying of Taxes
* to boot, while no feeming Peace was fettled ; no,
* though with the Cry for their Difbandirig, they
' cried up Peace and a Treaty in order to it : He
' therefore now fees he muft clap up a Peace on
' what Terms foever ; and, that done, his Way is
* clear. The Parliament then may eafily and
' foon be put to it, to denude themfelves of their
f Strength in a Difbanding, and fo fet him even
6 with themfelves again ; or elfe, if they refufe,
* the People may be wrought to undo all for him,
' whatever he hath granted., without his appearing
' to make any Breach for his own Intereft. And
' as, upon this fingle Ground, many Nations be-
* fore us3 by like Accommodations with 'their
5 * beaten
of. E N G L A N D. 205
* beaten Tyrants, have, from the faireft Attempts An. 24 Car. I.
* and Hopes of Liberty, fallen to an utter Lois of ^__ ^__^
* it, yea, to an abfolute Bondage, and been made November.
' the Inftruments thereof themfelves ; fo by this
* one Confederation, though there were no more,
* it may appear how eafy it is for any Prince, and
* particularly for ours, after fuch an Accorrfmo-
* dation made, and himfelf reftored, to find or
* work out Advantages, whereby to overthrow
* what he hath granted, raife his own Intereft
* higher, and deprefs the Public lower than ever
4 before : And yet we have touched but one of
c thofe many Advantages that, in fuch Cafe, lie
* clear before him. We might reflect upon that
' of his numerous Party, engaged by Intereft, Ne-
* ceffity, and otherwife, to ferve him fo long as
4 he remains in a PoiUbility to head them ; to--
* wards whom Proceedings have been fuch, as have
* ferved to imbitter and enrage them unto, and
' yet not difable or difcourage them from, further
c Attempts againft you ; and towards whom, .by.-
' his continuing King, you will be the more ne-»
' cefiitated to proceed ft ill upon the fame Strain in
' both Refpedls. We might mention alfo their
c great Families and Relations, and their Intereft
' or Influences within the Kingdom ; and we might
* enlarge upon the Confederation of the two other
' Kingdoms he hath to work by, from which we
* have found fuch powerful Parties ready to ferve
c his Intereft ; the one to make Prize and Advan- •
c tage of this Kingdom ; the other at leaft to de-
e liver themfelves from your Yoak, by helping to
* put his upon your and our Necks : All which,
' if they were to be feared, when he hath been in
* no Capacity to head them, as in the laft Sum-
c mer's War, then much more when he flull fo be ;
' and though they be much to be feared in relation
' to his Heading of them, while he, by his fup-
* pofed Impunity, whatever he does, huth Encou-
* ragement to make all polTible Trial of them ; and
c they hope, that if ever he prevail, he may make
*> ther$ Amends, or procure their Impunity at laft ;
206 The Parliamentary H r s f o fc v
An. 24 Car. I. « yet, that being once confuted by an Example oi
--*-4*'- •/ ' Juftice upon him for fuch Attempts, they would
* not tnen ^c' *n divi"6 Confiderations, at all to
4 be feared, or, in prudential Confiderations, not
* fo much, in relation to his Pofterity's Heading of
' them.
' Befides thefe, we cannot but confider much
' more the vaft Poflibilities, after his Reftitution,
* to1 make Parties, Factions, and Divifions amongft
' yourfelves, and your now Adherents ; and to fet
4 one againft another, to make one betray another,
* fo by one to ruin another ; and, by making Ufeof
' all I rite reft s, to fet up his own above all. Have
'not you found him at this Play all along ? And
4 do not all Men acknowledge him moft exquifite
* at it ? If he has had the Faculty to avail much
' in this Kind when at a Diftance from you, will
c he not much more when fo near you, amongft
c you, in your Boibms and Councils ?
c For Divifions, we fpeak it with Depth of Sad-
* nefs, he needs not come to make any amongft
* you, but to ufc them ; they abound v.'ofully al-
* ready ; and tor his Opportunities of Advantage
* by them, they are great beyond Conception.
c Firji) From the Jealoufies which each Party
* i$ apt to have of the others {lengthening them-
* felves, to the Prejudice of the other, by Con-
* jundtion with him and his ; and which he and his
* Creatures have a Faculty to feed in each of them,
.* it is more than probable that each Party will be
* apt to Itnve which (hall moft and firft comply
* with him : Have not you and we feen fad Expe-
* riences of this already ? Give us Leave to be more
* affectionately fenfible of this, as having had fome
1 Experience of Temptations towards it amongft
* ourfelves : We fay Temptations towards it from
* the King and his Party, as ftrong and fubtile as
* are imaginable, though we blefs God, by whom
' we were preferred in our Integrity, and not gi-
* ven up to, but delivered from, fuch wretched A-
' poftacy. And we can truly fay, That although,
* (through the Example of others, partly ncc.-cfli.ta~
• ting
c/ ENGLAND. 207
* ting us for the prefent Prevention of that Mifchief An. 14. c>r. I.
* to the Public they were running into in that Kind,
* as we apprehended) we wera drawn into fome
* negative Compliances, tending to Moderation,
* which we thought to be, and in its Place is, a real
4 Good ', yet firft, we never fought, but were fought
* unto 'y and notwithftanding all Overtures and
' Temptations, we did abhor the Thought of, and
' ftill profefledly refufed any thing of Conjunc-
* tion with him or his, in relation to the Affairs of
4 that Time, or ought of private Contract or Truft
' with them.
c Secondly^ What we declared of Moderation was
* but hypothetical, with careful Caution and a
4 Saving for the Public Intereft according to out
* then Underftanding of it. And,
4 Thirdly^ We aimed not at the (lengthening
1 of ourfelves thereby, to the Ruin of arty Perfons
4 or Party oppofed, nor did drive at any fuch End ;
4 but meerly to prevent any fuch from ftrengthen-
* ing themfelves in that Kind, as we feared, to th«
' Prejudice of the Public ; as may appear by the
4 Tenour of the City's Engagement, with the Con-
* comitants and Confequcnts thereof, and by our
4 Carriage both in relation thereto, and fince that
* Danger was over: And yet, however, in that De-
* gree of Compliance admitted in that Kind, we
* find Matter of Acknowledgement before the
* Lord, concerning our Error, Frailty, Unbelief,
4 and carnal Councils therein, and we blefs him
* that prcferved us from worfe : Yet, on the other
* Side, give us Leave to fear, (and we heartily
c wifh, as to any honeft Soul, that it may be a
4 caufelefs and miftaken Fear) that from fuch pri-
* vate Jealoufies, and the Animoflties or Hate of
4 one Party againft another, who once feemed to
4 be engaged in one common Caufe agairirt a com-
* mon Enemy, there have been on the Part of o-
4 thers evil Compliances, negative and pofitivc ;
4 yea, we doubt, Contracts and Conjunctions too,
4 by fome fought, by other.-* entertained with him
4 and his Party, (even while an acknowledged E-
4 ncmy,
¥be Parliamentary H f s T o R r
« nen}y) to the Neglect or Difpending of the cc-.r/-
* mon Public Intereft, meerJy for the Upholding or
November. ' Strengthening of their own, and the Ruin of the.
' Party particularly oppofed.
* We cannot hut be fenfible of this, becaufe we
c have felt the Efre& of it in the Lofs of many of
* our dear innocent Friends Lives, with the
* Hazard of our own, in the laft Summer's War :
c For even from this Root, as we have more than
c conje&ural Grounds to underfrand, the Revolt
' in Wales had its Rife and Growth ; the Scots In-*
* vafion had its Foundation and Invitation ; the-
« Revolt of the Ships ; the Rebellion in Kent, Ef~
<fexi &c. and the feveral Tumults, Rifings, and
* Disturbances in and about London, and the
' Southern Parts, had their Inftigation and Encou-
* ragement ; and, from the fame, this mifer^Wc
e enfnaring Treaty, its Conception and Birth : '
* And if from the Divifions we have, fuch deftruc-
* tive Compliances and Conjunctions have been
* entertained with, and fuch Advantages given to,
* him and his Party, while profefled and acknow-
* ledged Enemies ; what worfe may we not expecl
* of that Kind, when, by a Peace made, they fhall
* have the Reputation of Friends to give Counte-
4 nance and Confidence thereunto ?
' To conclude this Point, concerning hi:; Ad-
f vantages after Accommodation and Reftitution,
' to overthrow or prejudice the Public Intereft :
* We willconfefs our greateft Fears are, from the
' Confideration of the A& for this Parliament's
' unlimited Continuance ; wherein, befides Divi-
' fions amongft thofe that are, or profefs to be»
' for the Public, if he fhaJl ever be able, by'parth-
' cular Succefiions of new Burgeffes, according to
* the prefent Conftitution, or any other Way*' to
4 form a prevailing or balancing Party for his Inte-
c reft in the Houfe of Commons^ which even there
' he feems to have bid fair for already, (for as to
' the Lords, we will move no Queflion) we may
* then juftly yield England's Liberties for defunct,
'when that which , fhould be the Confervative,
'fhali
*f ENGLAND. 209
* fhall be turned indeed the bane; and yet, it be- An. 24. C«r. I.
4 ing in the Place and Repute of the only Confer- t l648' ,
' vative, we (hall, through that A&, be debarred November.
* from Change of Medicine, or Ufe of other Re-
* medy; yea, from the renewing or taking frefli
* Choice of Medicine in the fame Kind, but muft
4 keep to that old Mafs, which fuch Putrefaction
4 will have rendered deadly, and will probably
4 vitiate all particular Additions of frefh Ingredients
* that fhall be made, while the old Leaven fhall
4 remain predominant.
4 Neither can we fee any poffible Help in the
* Cafe after his Reftitution, though you fhould
* be willing to lay down your Power: For, indeed,
* to fet a Period to this Parliament, and not there-
4 with provide for a certain Succeflion of Parlia-
4 ments, and the Certainty of their Sitting alfo,
4 without Dependence on the King's Will, were
* to leave the Kingdom without Aflurance of any
* Remedy ; or, at leaft, of Power therein to help
' at all, and fo in like Condition as before this
* Parliament : And to make Provifion for fuch a
* Succeflion, and Certainty of Sitting of future
4 Parliaments, without like Provifion for a more
* due Conftitution, by more equal Elections ; freed
4 from fuch Dependence on Prerogative Grants,
4 or from being fo fubjecl: to Prerogative Com-
4 mands, as now by the Number and Nature of
4 Burgefs-fhips theyftand, were to render the Sue-
* ceflion lefs hopeful or fafe, or at leaft fubjecl: to
4 no lefs Corruption in the fame Kind, than the
* Conftitution of the prefent is ; and you having
4 not in this Treaty propounded any Provifion for,
4 any of thefe Things, which we dare boldly af-
4 firm are of the higheft Concernment to the Vin-
4 dication and Prefervation of Public Intereft in the
4 very Fundamentals of it ; if you go on to make
* a Peace upon fuch Terms, as if this Parliament
4 were to continue for ever, and fet the reft of all
4 our Hopes upon that Bafis, we may juftly pre-
4 fume, that, when a Peace is made, and the King
4 icftored, if afterwards you would come to Con-
VOL. XVIII. O 4 fiderations
2 1 o *fhe Parliamentary HISTORY
An. 14 Car. I. < federations of laying down your Power, and ma-
. _1^.' j ' king fuch Provisions for Succeflion, as is before
November. * exprefied ; the King, whofe Confent you ftill
' feem to make neceflary to fuch Things, tho'
* it is like he would readily confent to be rid of
* this Parliament, fo as to have no more but at
* his Call for their Meeting, and his Will for their
' Continuance ; or perhaps fo as to have no better
* Provifion for the one, or larger for the other,*
* than the triennial Bill j yet, as to full Certainty
' in the one, or fufficient Enlargement in the o-
' ther, without relation to his Will ; and much
* lefs as to the taking away of Burgefs-fhips de-
* pendent on his Grant, and fubjecl to his and
* his great Men's Command; and the reducing of
c Elections to full Equality and Freedom : We fay,
* on fuch Terms we may well prefume, from the
* Reafon and Nature of the King's Intereft, he will
' not willingly, when after Peace made he needs
' not, give up his Hopes of or againft this Parlia-
* ment ; but rather than he will make, or bring
' upon himfelf and Pofterity, fuch an Entail of Par-
* liaments as he can never hope to avoid, and thofe
* to be fo independent on his Will for their Meeting
* or Sitting as he can never hope to avoid, and
' conftituted fo equally according to the Intereft of
* the People, as he can never hope, or cannot de-
' fign how, to pack to his own, he will prefer
« and ftand to his fairer Hopes of making his Party
' good with this Parliament one Way or other, viz,
c either in and by it, by making a Party in it as
* before expreffed, or elfe againft it, by making
* Ufe of Difcontents and Impatience in the People
e towards it, and of Divifions within itfelf, at laft
* to deftroy and overthrow it; and fo to deliver his
* Crown, once for all, from Wardfoip, as he
6 counts it, to Parliamentary Power ; which, by
* the other Conditions might have been perpetual :
* And if, either in the one Kind or the other, he
« prevail upon this Parliament, his Monarchy and
6 our Slavery will be abfolute, and probably for
e ever ; in the one, by feeming Authority of Parlia-
* incut
^ENGLAND. 2n
* ment made immortally the fame j in the other, by An. 24 Car. r
4 the utter Extinaion of it. v l6^
* But to proceed from Probabilities of Danger, November.
* to mew the certain Infecurity and perpetual Pre-
4 judice to Public Intereft, that an Accommodation
* with him, and Reftitution of him, in the prefent
* Cafe does imply : Suppofe the beft Conftitutions
* and ftri&eft Laws imaginable in any State, yet
f their infufficiency and Impotency, as to the pre .
4 ferving of Public Intereft, without a Power to
4 punim thofe that violate it and them ; or where
* Perfons in Power to prejudice the fame, efpecial-
* ly if in fixt and lafting Power, fhall {land privi- '
4 leged from being punifliable, whatever they do,
* is obvious to each confidering Man ; the Power
4 of Punifhment, and the having of it in the moft
* trufty Hands, and no particular Perfons to be ex-
c empt from their Juftice, being that effential Part
4 of public Intereft, which is the Fence and Guard
* of all the reft in the depraved State of Mankind :
* Now, in our prefent Cafe, after fo many, fo great
4 and lafting Violations thereof, committed by the
* King, and by his Procurement ; and after his fo
' long and obftinate Maintenance thereof, and Per-
4 fiftence therein, and fo many Refufals of that
4 poor Satisfaction and Security you now defire,
* in fo much as you once refolved againft any
' more Addrefles ; we fay, after all this for you,
* the Supreme Judicatory of the Kingdom, when
4 he is, through the juft Hand of God, in your
* Power to do Juftice upon, yet ftill to decline
* that Way ; and, inftead thereof, to feek again to
4 him your Prifoner in the way of Treaty, to re-
* ceive what Satisfaction and Security you can get
* as Conceffions from him ; and thereupon, having
4 only fome few Inftruments fubmitted to Juftice,
* and that by his Conceffion too, to re- admit him-
* felf to the Throne with Safety, Freedom, andHo-
* nour ; what can this be underrtood to (peak lef^
* that that, as himfelf and his Party for him have
4 ftill exprefly aflumed, and as the Pretence and
* Ways of your Proceedings towards him hereto-
O 2 « fore
2 1 2 The Parliamentary H i s T 6 R V
An. 24. Car. I. « fore have too much implied, he is indeed above'
l6^8- e any human Juftice, and not accountable to, of
November ' punifhable by any Power on Earth, whatever he
' does ; And fo, befides the Bar to any prefent
* Proceeding of Juftice againft himfelf, whofe one
' Example in that Kind made, and not afterwards
* made ineffectual again, as others of that Kind
* have been, by the Flattery or Degeneration of
6 fucceeding Ages, would be of more Terror and
' Avail than the Execution of his whole Party ;
' yea, than all the Satisfaction and Security, ver-
* bal or literal, than you can obtain or imagine^
* without it : You would alfo, by fuch Exemptiori
* of him, and in fuch a Cafe, proclaim the like
' perpetual Exemption to him and his Pofterity,
4 whatever they (hall do, or in whatever Cafe,
* fince none can be imagined more pregnant or
' ripe for Juftice than this already is ; and would
' therein give the moft authentic Teftimony and
c Seal that ever was, to all thefe deftrudlive Court
* Maxims concerning the abfolute Impunity of
' Kings, their Accountablenefs to none on Earth,
* and that they cannot err, do Wrong, &c. which
* Principles, in the Senfe to which they are ap-
* plied, as they were begot by the blafphemous
1 Arrogancy of Tyrants upon fervile Parafites, and
' foftered only by flavifti or ignorant People, and
' remain incur Law-Books as Heir- Looms only of
* the Conqueft ; fo they ferve for nothing but to
* eftablifh that which begot them, Tyranny ; and to
* give Kings, (who, fo far as they claim otherwife
* than by Conqueft, are but Minifters intruded for
* Righteoufnefs and Peace) the higheft Privilege,
' Encouragement, and Invitation to do Wrong
* and make War, even upon their own People,
* as their corrupt Wills or Lufts fhall prompt
* them. If therefore our Kings claim by Right
' of Conqueft, God hath given you the fame a-
* gainft them ; and more righteous, by how much
* that, on their Parts, was extended to a forcible
* Dominion over the People, which originally or
* naturally they had not 5 and ours but to a Deli-
of E NG L AN D. 213
' verance from that Bondage, into that State of' An. 24 Car. j.
c Right and Freedom which was naturally and mo- J468.
4 rally due to us before : If they claim from im- „ ^ '
1 . T-V • T-vr • it i\- • November. •
* mediate Divine Defignation, let them mew it :
' It from neither, but as by Confent intruded by
' and for the People, l$t them then embrace and
' partake the Conditions of fuch ; and not, as if
' the whole People were made only for them, and
' to ferve their Lufts ; or had, if not their Being,
' yet, all their Civil Endowments by and from
* them. But to return to our Purpofe :
6 If you, by fuch Proceedings as you are about
* towards the King in the prefent Cafe, (hall con-
< firm and harden him and his Pofterity in their
* aflumed Privileges of Impunity, &c. whatever is
4 or fhall be done by them, what new Agreement,
e or other Bond of Man's framing, can you fup-
* pofe to hold them, and efpecially himfelf that has
« broke the ftrongcft of that Kind already ; and we
« appeal to your Conferences upon the Reafons be-'
* fore given, what inward Change you find in him,
' to be trufted, but that he and they, upon the fame
* Confidence of Impunity to themfelves, whatever'
' they do, or however they fucceed, will ftill be
' ready to take all Advantages and try all Means,
' fo long as they can find any Inftruments that will
. ' ferve them, to fet up their own Intereft, to the
* Prejudice of the Public, as heretofore; and efpe-
c cially to avenge or vindicate themfelves and it
' againft the fuppofed Wrong of enforced Concef-
* fions ?
' And why fhall we not think they will find In-
* ftruments ftill to venture for them, notwithftand-
4 ing your punifhing of fome in that Kind ; fince,
' while your own Proceedings admit themfelves
' unpunilhable, fuch Inftruments may hope that,
« at the worft of Succefs, they'll fave all, or molt
* of them, as now ; and, themfelves ftill furviving
4 to renew, the Quarrel, it m?.y well be hoped, that
1 if ever they prevail, the Inftruments that fhall
' furvive, and Heirs of the reft, will be repairc;!
O •? * with
2 1 4 The Parliamentary HISTORY *
An. a4 car. I. c with Honour to boot ; fo that the Adventure of
1648. t each Inftrument in that Kind, being but as of
**— J ~ — ' * one amongft a Multitude, where the moft are
em er* ' fure to efcape, is of fir lefs Hazard than a Sol-
* diers Venture in a Field Battle ; and the Hazard
* * tnat is, efpecially to necefiitous or ambitious
* Men, is abundantly recompenced by thofe Hopes
' which the certain Impunity, befides probable
c Advantages, of their Head does give. We are
* fure that, as to any Inftruments venturing again
' for you and the Public, the Hazard is infinitely
' greater j and, in human Conftderations, HO En-
6 couragement comparable to thofe, which, after
* all your Propofition-Juftice againft his Inftru-
* ments, will yet, upon this Ground, remain to
6 them for any further Engagements in behalf of
' their great and unpunifhable Mafter, And there -
* fore, as in all Cafes of like Rebellions or Civil
' Wars, the Prudence of moft Nations and Ages,
* as well as the Juftice of the Thing, has led to fix
' the exemplary Puniihment, firft upon the capital
* Leader, and upon others as neareft to him, and
* not.to punifli the Inferiors and exempt the Chief;
' fo in this your Cafe it is moft clear, that to fix
c your Juftice firft upon the Head, and thereby let
* his Succeflbrs fee what themfelves may expeft, if
* they attempt the like, may hopefully difcourage
* them from heading any more what Inftruments
* they might find in the like Quarrel ; and fo is
4 like to be a real Security, when fuch Inftruments
* cannot find an Head : But to punifh only Inftru-
' ments and Jet the Head, by whofe Power, and
*.in whofe Intereft, all has been done, not only go
* free, but ftand in perpetual Privilege and Impu-
* nity to head fuch Inftruments again, as oft as he
4 can find Opportunity, and get any to ferve him,
c is a Way fo far from Security, as it leads indeed
' to endlefs Trouble and Hazard, or the perfect
"• Lofs of all. And befides, in point of Juftice,
* with what Conference inferior Minifters can be
4 puniihed, and the Principal fet free, yea, re-
* ftored
^ENGLAND. 215
c ftored to Dignity and Honour, for whofe only An. 24 Car. I.
' Intereft, in whofe only Quarrel, and by whofe v
4 Commiffions and Commands, they have a&ed,
* which they might peihaps conceive to oblige,
4 or at leaft co excufe them, for our Parts,
* fince we have ferioufly weighed it, we cannot
* underftand : We are fure it ieems a moft un-
* equal and partial Way of Juftice, fuitable to
* thofe afprefaid corrupt or abufed Court Maxims,
4 whereon alone it has been grounded ; as, That
4 the King can do no Wrong, &c. And indeed,
4 whatever Grounds or Reafons Can be imagined
4 to exempt Kings from human Juftice, or to ex-
* cufe them when they wilfully give Commiffions
4 and Commands unto their inferior Minifters to
4 do Evil, (which we are fure can be no lefs than
4 fomething of Divinity, and abfolute Indepen-
4 dency, as to Men, fuppofed to be in them) the
4 fame Principles, if admitted and fully weighed,
4 would equally extend to abfolve and indemnify
4 thofe Minifters. for what they do in pu.rfu-
4 ance of fuch Commiffions and Commands ; yea,
4 and bring thofe under Condemnation too that
4 {hould forcibly oppofe him or them therein. We
4 would at leaft fain hear one Principle fufHcient
* for the one, which would not, by rational De-
4 du&ion, extend to both the other. And if there
4 be none fuch, then we befeech you confider,
* whether your Re-admiffion of the King, in the
4 prefent Cafe and Manner, without fo much as his
4 fubjecting to Judgment or Trial, will not be fo
4 far from Security, as that it will not only ener-
4 vate the beft Fence of Public Intereft, the Power
4 of punifliing Violators of it, but, in cenfequence,
4 fhake the Foundations of all you have done in the
4 War, and oveiturn or invalidate all you feem to
4 obtain in the Peace.
4 Upon this, and the reft of the Confiderations
4 aforegoing, we crave Leave to believe that an
4 Accommodation with the King, in the Way and
4 Terms you are upon, or any at all, as the Cafe
O 4 s now
2 1 6 'The Parliamentary HISTORY
An. £4Car.l.c now ftands, that {hall imply his Reftitutron, ot
^48 f c {hall not provide for his Subje&ion to Trial and
November. ' Judgment, would,
Firft, 4 Not be juft before God or Man, nor
* hopefully good ; but many Ways evil, and fo not
* dcfirable by any honeft Heart that well confi-
' ders it.
< Secondly, < Would not be fafe, but full of Ha-
f zard and Danger ; yea, certain Prejudice, Dif-
' advantage, and Deftrudion, both to the Public
6 Intereft in Queflion, and to the Perfons tha, have
*• engaged for it, except fuch as, by bafe Apoftacy
4 from it, and treacherous Services for the King
* againft it, have, or iha)l have emerited their
4 Pardons.
And, thirdly ^ c If in another Way or Cafe it
* poflibly could be fafe, which we fee not, yet in
* the prelent Treaty and Condition the King is in,
* it cannot.
' Now if any obferve and object, That the
' Grounds aforegoing, upon which, we conclude
4 thus, would extend as well againft an Accom-
c modation with him fince his Perfon came into
c the Parliament's Power, or at leaft againft any
* Reftitution of him thereupon, without his firft
' fubmitting to Judgment, and a Change of Heart
' and Principles ; and confequently would have
' ferved as well againft that Accommodation with
' him, and Reftitution of him, which the Army
' feemed once to plead for ; we ili^ll confefs it as
' to the main, and we have only this to fay,
i/?, c That your whole Pretence and Way of
e proceeding toward^ him before, and at that Time ;
' t:ie State you have kept him in ; your particular
f Engagement to the Kingdom of Scotland for ano-
' ther Addrefs to him ; and your Preparation to-
' wards the fame at that Time, had wholly led us
4 on in the Suppofition of an Accommodation to
4 be ftill endeavoured with him, and to that Sup-
4 polition on; >. our then Overtures to you were
e framed 5 and you hi.d not then, asfince, by your
* Votes
of E N G L A N D. 217
* Votes of No farther Addrefles, and your Rea- An. 24 Car. I.
4 fons for them, cleared our Judgments from that t .' * ' j
4 former Mift, and lead us out to the Thoughts of November.
4 other Ways of Security againft him ; nor had
* pointed towards the Way, as therc;:p< n you have
4 done, in taking off his State, and clofe impri-
* foning his Perfon.
* And we confefs that, fmce our Thoughts have
* been thus fet free, and led out that Way, befides
4 the good Reafons you gave, and what they fur-j
* ther difcovered or implied, and beficks wh-t other;
' Pens have enlarged thereupon, the more we our-j
* felves have considered, the more and further it
* hath pleafed God to let us fee beyond what we
* did before : So that your bare retracing of Votes,
4 or changing your Courfe, without better or any
' Reafons given, cannot put out the Light which.
6 your former Votes with Reafon have let in,
* and God hath given his Seal and Increafe unto.
2<//y, 4 Your then Councils, and, with them,
* Our Thr-ughts, being fc fixed upon that Way of
4 Addrefies to him, we thought it lawful for us to
* tender to your Confideratjon fome Things to be
4 provided for therein, which were cf hijheft and
4 moft fundamental Concernment to the public
4 Intereft, nd not thought or not touch'd oh in
4 your former Addrefles or then Preparations j as,
4 concerning the Succeffion, Conftitution, and
4 clearing the Power of Parliaments in future, &c.
4 which accordingly we propounded to be taken in
4 with moft of your former Proportions ; and what-
* ever we exprefled exciufively, as our private Opi-
4 ntons at that Time, yet our whole Overtures be-
* ing but :us Propofals to you, and not immediately
4 to the King, it was far from our Intentions, as
4 it was apparently from our Practice, to prejudge
4 or preclude your Councils from any further or
4 better Provifion for the Public Intereft, or in any
4 furer or better W^ay.
3^/y, * Since you had fo far engaged in the Way
* of AJdreiF.s, we had fome Apprchenfions thei),
' as from the Covenant and other Confiderations,
* that
2 1 8 Ybe Parliamentary HISTORY
An. 14 Car. I. < that, to acquit yourfelves and Adherents before
l64-8' * God and the World, in relation to the Snare you
November. ' feemed to be in, 'it did fomething lie upon you to
* make one Addrefs for all, upon Things concern-
* ing purely the Public Intereft, and only Eflentials
' thereunto, without Mixture of any bye Matters ;
4 from which either you, with Safety to the Public,
' could poflibly recede, or againft which he might
* have Colour to boggle, as it were, from Con-
* fcience or other fpecious Pretences, and not his
* own Intereft only ; that fo you might, at once make
' a full and clear Trial whether you could, with and
1 by his Confent, have fuch Security to the Public
4 Intereft, as that you might, with the Prefervation
* and Safety thereof, preferve alfo his Perfon and
* Honour, as in your Covenant ; or whether he
4 would refufe that Security to Public Intereft,
* meerly for the upholding of his own in Oppofi-
* tion thereto, without other Cavils, Pretexts, or
* Evafions : And accordingly though, we may
* truly fay, we never preiled you fo far in point
* of Addrefs to him, as that you did ever actually
c make any, at our Inftance, or according to our
* Overtures j yet, after that he had efcaped from
' the Army, and quitted any Pretext of Obligation
* upon it, in relation to their Defire of any fuch
* Addrefs, you did of yourfelves make fuch an Ad-
4 drefs in the Tender only of four Bills, concerning
'* iingly the Public Intereft, and but a fmall Part
* of it, meerly for neceflary Security to it and your-
* felves, in order to a Treaty for all the reft ; in
* which Tender of yours we found clear Satisfac-
c tion in our Reafons and Confciences, as to our
* aforefaid fcrupulous Apprehenfions : And anfwer-
* ably (when you, upon his Refufal, refolved againft
* any more Addreffes to him, and began to take
« another Courfe with him) we did upon that very
* * Ground declare our Acquiefcence in your Votes,
4 and our Refolutions of Adherence to you there-
4 in, as may appear in the Paper then prefented to
* you from the Army : And yet when we have
* faid all this, or whatever might more be faid in
* our
of ENGLAND. 219
'our Excufe, we will, upnn the Grounds, here An. 24 Car. f,
4 before laid down, which have fince been more t M
4 clearly made out to us, acknowledge it our Kovcmbo.
' Weaknefs, our Error, and our Fault, both as to
* the Matter and Terms we propounded for an
* Addrefs to him, in refpecl of Deficiency or In-
4 fufficiency therein ; and a'fo as to our Dcfire of
* any fuch Addrefs at all, as the Cafe then ftood, in
4 refpecT: of the Needlefsnefs and Infecurity thereof,
* and Want of Juftice therein ; although we fee
* and own the Providence of God, who ordered it
* for the beft, that you did make fuch a one.
* Now, if yet any {ball obje& the Covenant, as
* perpetually obliging to endeavour the Preferva-
4 tion of the King's Perfon and Authority; and
4 confequently not allowing any fuch \Vay of Se-
* curity againft him, as would be to the Hurt of
4 his Perfon, or Prejudice of his Authority ; and
* fo concluding us under a Neceflity of perpetual
* Addrefles to him for Security, untill he give it,
* as being the only Way confident with the Pre-
4 fervation of his Perfon and Authority : To this
4 we anfwer. That indeed the Covenant, heaping
4 together feveral diftinct interefts, which are, or
4 poffibly may come to be, inconfiftent, or one de-
* ftructive to the other, or at leaft may be (b made
4 Ufe of; and yet engaging pofitively for them all,
* without expreffing clearly and unqueftionably
4 which is chief and perpetual j and for the reft,
4 how far, and upon what Conditions the Cove-
4 nanter (hall be obliged to them, and what (hall
* difoblige him, we find it is, as other promiflbry
4 Oaths of that Kind, apt to be made a very Snare -,
* ferving to draw in many of feveral Judgments
* and Affe&ions, each in refpecl: to that Intereft
4 therein engaged for, which himfelf does moft af-
4 feel ; and fo thofe that make lead Confcience of
4 the Oath, make but an Advantage of it upon all
4 Occafions, to cry up that Intereft which them-
' felves prefer, though to the Deftru&ion and Pre-
4 judice of the reft, yea of that which is really the
4 main and bcft ; while thofe that make moft
* Confcience
22O The Parliamentary HISTORY
An 24 Car. I. c Confcience of the Oath, and affect the princi-
l648' < pal and honefteft Part in it, are often with-held
November. ' from what's juft and neceflary in relation there-
' unto, being ftagger'd in regard to the Prejudice
* it may be to the reft, to which jointly they feem
' obliged. But this Covenant, as it is drawn,
' though it have fomething of that enfnaring Na-
* ture, yet, as to this Point, has not left the Ta-
* kers without an honeft Way out ; or if it had,
* yet, through the Providence of God, the Snare
* is broken, and they may efcape. For,
Fir/i, < The Covenant engaging to the Matters
* of Religion and Public Intereft, primarily and
* abfolutely, without any Limitation ; and, after
* that, to the Prefervation of the King's Perfon
* and Authority ; but with this Reftri&ion, viz.
* In the Prefervation of the true Religion and Li~
* berttes of the Kingdom. In this Cafe, though a
* Cavalier might make it a Queftion, yet who
* will not rationally refolve it, That the preceding
* Matters of Religion and the Public Intereft are
* to be underftood as the principal and fupream
' Matters engaged for, and that of the King's Per-
* fon and Authority as inferior and fubordinate to
* the other ? And if fo, then we appeal to all rea-
' fonable Men, whether thofe Words, in the Pre-
' fervation of the true Religion and Liberties^ can
c be underftood as a Reftridtion of our Endeavours
* for Prefervation of Religion and Liberties, fo as
* the fame may not be endeavoured in any Way
* that would be to the Prejudice of his Perfon or
* Authority ; or not, furely, as a Reftriclion to the
' Engagement for Prefervation of his Perfon and
« Authority, fo as to oblige thereto no further,
' nor in any other Way, than fliall be confident
* with the Prefervation and Defence of the true
* Religion and Liberties of the Kingdoms ? Yea,
' might it not juftly be fo underftood, that the
* Obligation to preferve his Perfon and Authority,
* fhould be fulfilled in (as well as not extended
' further than) the Prefervation of Religion and
* Liberties ? In fome of thefe Senfes thole Words
* muft
of E<N G L A N D. 221
' muft be underftood, or elfe they have none j but An. 34 Car. l«
* are vain Words, making a vain Oath. If they l64§'
' were to be underftood in the firft Senfe, then, we November.
' are fure, the whole Proceedings of both King-
* doms, in making and maintaining War againft
* him for Prefervation either of Religion or Liber-
c ties, were queftionable for Breach of the Cove-
* nant ; fmce that Way of preferving them did tend
' probably to the Deftru6tion, and was without
' any fafe Provifion for the Defence either of his
* Perfon, or of that Authority that can properly
' be called his, or underftood in Conjunction with
' his Perfon, but that therein his Perfon might
* probably have been deftroyed under the Sword,
* or by a Bullet ; yea, was ordinarily endeavoured
' to be fo, as well as the Perfons of others in Arms
* with him ; and that Authority of his was cer-
* tainly oppofed and endeavoured to be deftroyed
* thereby, inftead of being defended.
' If thefe Words be to be underftood in either of
* the latter Senfes, then it follows,
i. ' That if, by Reafon or Experience, the
' ordinary Lights Men are in human Things to
* walk by, we find that the making of Peace with
* him, and therein the preferving or reftoring of
' his Perfon or Authority, is, as the Cafe happens,
* either an unrighteous Thing, (in refpeft of the
* Blood and Spoil he hath caufed in oppofmg that
* Covenant ever fince it was made and tendered ;
' and of his never coming in or ceafmg that
' Mifchief, till by P'orce reduced, and by the
4 Hand of God delivered into the Power of your
' Juftice) and, in thefe and other Refpects, not
* confiftent with true Religion; or elfe that no
4 inward Conviction, Remorfe, or Change of
* Heart and Principles rationally appearing in him,
* it be not fafe, but full of vifible Danger, if not
* certainly dtftrudlive, to Religion or Public In-
* tereft, or to the Perfons that have entered into
* that Covenant, or encaged in the common Caufc;
* then furely, by the Covenant itfelf, the Prder-
' vation of his Perfon and Authority is not to be
* cndea~
222 ¥he Parliamentary M I s T o R Y
An. 24 Car. i. < endeavoured fo far, or in fuch a Way ; and con-
I64&< < fequently fuch a Peace with him, in fuch a Cafe,
November. * 1S not to ^e f°ugnt or admitted, or at leaft the
' Covenant obligeth not to it, but againft it ; and
' whether the prefent Cafe and Confequences be
* not fuch, we refer to our feveral Reafons before
* given.
2. ' From that Senfe it alfo follows, that if,
* by the fame Light we find that, fuppofing no
' Peace to be made with him, the continued Pre-
* fervation of his Perfon in your Hands, though
' clofe in CariJbrooke-Ca/tle^ or the letting him go
* whither he will to preferve himfelf, and your
* forbearing to bring him to Account or Judgment
* for ought he has done, (when God has fo given
* him into your Power, and given you fo clear
' Grounds of proceeding againft him) would be
* either an unrighteous Thing, and fo inconfiftent
* with true Religion; orfo far inconfiftent with the
* Prefervation and Defence of Religion and Liber-
* ties, or with your covenanted utmoft Endeavour
' to preferve them, as that it would vifibly expofe
4 them, and thofe that have engaged in Covenant
* for them, to perpetual Danger ; give perpetual
4 Occafion and Advantage for new Wars and De-
* figns, to the Deftruction of them, or to the mul-
* tiplying of Blood and Oppreflion upon the King-
* doms ; give the King and his Pofterity a perpe-
* tual Privilege of Impunity, and therein an Invi-
4 tation or Encouragement to multiply Attempts of
* the like or greater Mifchiefs, though to the Over-
' throw of all Religion and Liberties ; yea, would
* give Encouragement alfo to Inftruments to.ferve
* them in fuch Attempts ; and thus would harden
* the Hearts both of them and their Inftruments in
' fuch Things, to the Ruin and perpetual Preju-
* dice and Danger of thofe higher Things covenant-
* ed for, and Perfons covenanting ; and, laftly,
* would in confequence debar you from that which
* is the beft Fence, yea, efiential to the Defence
* of Public Liberties, and pofitively covenanted fo,
' -viz. The Punifhment of anv the Violaters there-
4 of,
^ENGLAND. 223
1 of, if his Minifters, and by his Commiflion ; or An* 2t^ar* '*
c would render your neceflary proceeding againft .
4 fuch, unequal or fcandalous ; then furely to the November.
* exempting of him from Juftice, and a continued
4 Prefervation of his Perfon, fo far, or in fuch a
* Way, and in fuch a Cafe, the Covenant cannot
4 be underftood to oblige, but rather to the con-
' trary : Or, if it might be fo underftood, doth it
* not call for Explanation to clear it from being
* underftood in fo wicked a Senfe ? Yea, if it did,
* by the Advantage of Words, extend to fuch a
* Senfe paft Explanation ; and if fo, through Error;
4 Inconfideration, or Deceit in the framing of it ;
' or through Flattery, evil Cuftom, or Unbelief
* and carnal Policy in the pafiing of it, you had li-
4 terally engaged yourfelves, and drawn in others
8 to be engaged unto fo wicked and mifchievous a
* Thing, did it not call for Repentance when you
4 find fuch Wickednefs in it ? And rather than un-
' neceflarily to continue yourfelves, and hold others,
* under but a Colour of Obligation to a Thing
4 fo evil, fo full of Prejudice and Danger unto,
* and fo inconfiftent with, the Security of fo many
4 other unqueftionably good Things ; to which in,
* the fame Covenant, as well as by immutable
* Duty, you ftand obliged, would it not call for
* your utmoft Confideradon and Endeavour, fo far
' as Providence has left you any Occafion, without
* Sin or Wrong, to extricate and clear yourfelves
4 and others from fuch a Snare ? In order to which
' we proceed and fay,
Secondly, * That whatever, or how exprefly fo-
* ever, the Covenant may feem to have engaged
* unto, or poflibly might have faid or purported any
* Thing in the King's Behalf, or to his only Be-
4 nefit, yet, as God has ordered the Bufinefs, it
* does not now oblige you at all before God or
* Man, in that Matter. For,
I. * Confidering it only as a Covenant betwixt
' Man and Man, as for the Civil Parts, it is, where
* many or feveral Perfons joining to make a mutual
* Covenant or Agreement, do therein covenant for
1 fume
224 T fa Parliamentary HISTORY
An. 24 Jar. 1. * f ;me Things to the Good and Union of thertt-
* [elves amongft themfelves, who are prefent and
' Parties to it ; and, withall, do make a cove-
' nanting Claufe therein for fomething elfe to
'the Good or Benefit of another Perfon, not pre-
' fent, nor Party to the Agreement ; but whom and
c whofe Intereft, in regard of fome Concernment
* of his in their Bufinefs, or from good Affection
* to him and Dcfire of Peace with him, they would
* willingly provide for as well as for their own, to
* the end he might join with them in the Agree-
« ment, and partake the Benefit thereof as well as
* themfelves ; we fay, in fuch Cafe, if the abfent
* Party, as he never required it, fo when it is ten-
' dered to him for his Conjunction, (hall not ac-
' cept the Agreement, but refufe to join it ; and,
* conceiving his Intereft prejudiced thereby, fhall
* oppofe it, and begin, profecute, and multiply
* Contefts with all .the Covenanters about the
* Matters contained in it ; furely that Perfon in fo
' doing, as he keeps himfelf free and no way
* obliged thereby, as to what concerns the reft,
' who concluded it of their own Heads, fo he ex-
' eludes himfelf from any Claim to any Benefit
* therefrom at their Hands as to what concerns
* himfelf, while he continues fo refufing and op-
* pofing ; and by his once refufing upon a fair and
4 full Tender, though he had done no worfe, fets
* the other Covenanters free from any further Obli-
' gation, by virtue of that Covenant, as to what
' concerns his Intereft or Benefit therein, although
* the Covenant, as to other Matters concerning
* the Right and Benefit of the Covenanters one
* from another, ftands frill obliging and in Force j
* and whatever they fhall afterwards do to him,
' tho' indeed contrary to the Letter or Intention of
' fuch Claufe in their Covenant on his Behal'f, yet
* it cannot, by virtue of that Covenant, be under-
* flood as a Wrong to him ; and, consequently, not
* a Wrong to any othrr, before God or Man, fince
* none but he, tho' it had been made or accepted
* as mutual, could challenge the Benefit of it.
« Now
^ENGLAND. 225
1 Now whether this be not your Cafe in relation to An- 24 Car. T,
' the K;ng in this Covenant, witnefs your making * *8'
* and taking of it without and againft his Confent;
* witnefs his oft and continued Refufals to accept
' or join in it ; his oppofmg and fighting againft
' yourfelves and others, both in and for the taking
* and profecuting of it J and as for the Intention of
* putting that Claufe concerning him into the Co-
* venant, though made in his Abfence, and with-
' out his Confent, it cannot, by the general Na-
' ture of fuch Covenants, be underftood to be that
' by it yourfelves (hould be obliged to that of his
* Intereft abfolutely, whether he would accept of
* join in the Covenant, or refufe and oppofe it j
' but only to exhibit your Care, and (hew how
e willing you were, really to go as far as you
* could therein, that he and his Intereft fo far as
* juft, might be provided for therein as well as your
' own and the Kingdom's j and that you had no
' Defign to exclude or prejudice his, if he would
' accept and join in the Agreement as to the other ;
' and even fo the Words added to and clofmg up
' that Claufe in the Covenant do import, viz. That
* the World may bear JPltnefs with our Conferences
* of our Loyalty r, and that we have no Thoughts or
' intentions td dlminijh his Majejly's jujl Power
' and Greatnefs.
2. ' Confidering it as an Oath, the Form of an
' Oath added to that of a Covenant, makes it no
* other than a Covenant ftill, but taken as in the
4 Prefence of God, and only adds the calling of
' God to witnefs, as to the Truth of your Inten-
' tions and Faithfulnefs of your Endeavours to per-
' form what it4 as a Covenant, obligeth unto j and
' look how far it, in the Nature of a Covenant, as
c to any particular Matter, obligeth ; fo far, and
' no further or otherwife, doth that calling of God
* to witnefs engage him the more to avenge any
* Falfhood in your Intentions, or Unfaithfulncfs in
* your Endeavours to perform it. And this is all
* the Inforcement which that Form of an Oath
* addeth to that of a Covenant, without obliging
Vol. XVIIL P ' tt
226 fix Parliamentary HISTORY
An. 24 Car. I. < to any further Matter, or for any longer or more
>6*8> * abfolute Continuance than it, as a Covenant doth
November* ' oblige : And therefore wherein, and upon what
* Suppofition foever, the Obligation ceafeth as a
* Covenant, that Inforcement alfo ceafeth as an
* Oath ; fo that if, as a Covenant, it oblige not to his
* Benefit, upon Suppofition of his Refufal or Op-
' pofal, upon the fame, it inforceth nought to his
* Benefit as an Oath.
* If any object. That in what we have here faid
* we, who profefs to diflike the impofing of the
* Covenant with any Penalty or Profecution againft
* Refufers, do feem to take Advantage againft his
' Majefty for Refufals; we anfwer^ We fay not<
* for, but upon j and if no other Penalty be ever
, ' put upon Covenant-Refufers* fave not to claim
* Benefit by it, we {hall ever acknowledge that to
* be moft juft and reafonable againft ourfelves, if
4 Refufers.
' Having thus endeavoured to remonftrate the
« Danger and Evil of the Way you are in, and
* cleared the Way unto what we have to propofe,
« we fhallj with the fame Plainnefs arid Faithful-
* nefs, give you our Apprehenfiotts of the Reme-
* dies ; for which Purpofej upon all the Reafons
* and Confiderations aforegoing, we proceed to
' offer as folldweth :
Fir/I, * We conceive and hope that, from what
* hath before been faid, you may find abundant
* Caufe to forbear any further proceeding in this
' evil and moft dangerous Treaty, and to return
* to your former Grounds in the Votes of Noh-
* addrefles, and thereupon proceed to the fettling
' and fecuring of the Kingdom without arid againft
* the Kirigj upon fuch Foundations as hereafter*
* are tendered ; but if; notwithftanding all the
4 Evils and Dangers remonftrated to lie even in the
* Treaty itfelf, you will yet proceed in fuch an evil
* Way, we (hall at leaft defire that you make fure
* to avoid that main Venom and Mifchief attend-
' ing it, viz. The King's Reftitution with Impu-
* nity, &V, and that imperfect Bargaining for par-
•tial
of ENGLAND. 227
* tail juftice againft inferior Offenders; and far the An. *4 Car, I-
* Avoidance of thefe we propoundj ^ 164.8.
1. ' That you would reject thofe Demand? of No\ejiber.
s the Kingi fent to you on his and his Party's Be-
1 half, and efpeciaily in relation to that concerning
* his Reftitution or Return to Lmdm, with Free-
* donij tsc. that it may be exprefly declared and
* provided by you, that, notwithftanciing .any Thing
* concluded or to be concluded in this Treaty, the
* Perfon of the Kino; may and (hall be proceeded
' againft in a Way of Juftice, for the Blood fpiltj
1 and the other Evils and Mifchiefs done by him, .
f or by his Commiflion, Command, or Procurement ;
*• and, in order thereto, that he be kept in fafe
* Cuftody as formerly.
2. * That for other Delinquents you would
'• lay afide that particular bargaining Proportion,
* which, as we underftand, the King hath refufed
* in the Terms you offered) and whereby all your
c Juftice and Mercy too would be rendered, both
* for the Matter, Qualifications, and Circumftances
* thereof, to be dependent upon particular Contract
* with, and Grant from^ the King, and not upon,
* the judicial Power of the Kingdom in Parlia--
* ment; and that inftead thereof it may be declared
* and provided by you, that all Delinquents (hall
* fubje& and fubmit to the afurefaid judicial Power,
4 to be thereby proceeded againft according to Ju-
* fticej or with Mercy, as Caufe fhajl appear ; and
' thai none (hall be exempt or protected thsrefrom,
* nor pardonable by any other Power than that
* of the Kingdom in Parliament, by which they
* (hall be judged. This we propound^ to the end
" that Public Juftice, and the Interdt of the King-
' dom therein, may be vindicated, falved, and la-
* tisfied ; and yet) when that is fo provided for,
* and, in fome fitteft Examples of Juftice upon
« chief Offenders, fhall be effectuated, v/e wife as
* much Mercy and Moderation to the Generality,
* upon their Submiflion, as formerly we have both
* defiredand ufed5 or as can confift with the Public
* Intereft and Safety, and with competent Satif-
P a-
*Tbe Parliamentary
faction to thofe that have engaged and fufFere<3
for it§
November1 * ^> *n re^ati°n to tne former of thefe Provifions,
* viz. concerning the Perfon of the King, it be
c thought an unreafonable or unbefeeming Demand
* in a Perfonal Treaty, that one Party, after Con-
' ceffions to the other in all the Matters of Right,
' and other Things in Queftion, fhould agree,
* befides, to be puniihed himfelf for having mad£
' the paft Conteft about them j we confefs it might
c be thought fo in a Treaty betwixt Parties ftand-
' ing both free, and iri ah equal Balance of Power1
* or Poflibilities to obtain the Caufe ; but fo far as
' a Treaty can rationally or properly be with a
' Party wholly fubdued, captivated, and imprifon-
* edi or in the Power of the other, to fach a Treaty
' fuch Demands, if otherwife juft, are very fuitable
' and proportionable j and^ in any Treaty, it feems
* furely no lefs fuitable to demand the Principal to
* Juftice than the Acceflaries, that were but his
* necefTary and proper Agents in the Conteft, efpe-
* cially where he is as much, if not more, within
' the other Party's Power as they} and where it is
* not fo much a demanding hfm to Juftice, as a
c ^rovifo thati being already in the Power of their
' Juftice, they will not exempt him from it;
*,Thus, therefore, the Power of Juftice arid
'Mercy being faved or referved, we proceed in
c order to the actual difpenfmg theffcof, in relation
* to the late Wars ; and^ thereby, to Peace with
*- God, and prefent Quiet amongft Men, to pro-
* pound as folldweth :
I. ' That the capital and grand Author of our
* Troubles, the Perfon of the King, by whofe
* Commiflioris^ Commands, or Procurement, and
' in whofe Behalf, and for whofe Intereft only, of
' Will and Power, all our Wars and Troubles have
' been, with all the Miferies attending them, may
c be fpeedily brought to Juftice for the Treafon$
* Blood, and Mifchief he is therein guilty of.
1. * That a timely and peremptory Day m:u be
* fet for the Prince of /Ftf/« and the Diike ol > o> k
fc 10
.
^ENGLAND,
f to .come in and render them fel yes ; by which An,
* Time, if they do not, that then they may be im-
' ^mediately declared incapable of any Government
C 4^ L • L- V J u T\ • • N8N«!.rl»*4.
* or Truft jn this Kingdom, or the Dominions
' thereunto belonging, or of any Kind oi Right
' within the famej and thence to (land exiled for *
* ,ever, as Enemies and Traitors, and to die without
' Mercy, if ever after found and taken therein; or
* if by the Time limited, they, or either of them,
* do render themfelves, that then the Prince for his
' capital Delinquency, being in Appearance next
* unto his Father's, may either be proceeded againft
•* in Juftice, or remitted, according as upon his
* Appearance he fhall give Satisfaction or not, con-
•' cerning his being drawn into the rebellious En-
' gagements he -has appeared to head. And the
* Duke, as he (hall give Satisfaction or not coii-
' cerning his Carriage in and fince his going out of
e the Kingdom, being without Leave, and in Op-
' pofition or Contempt of the Parliament, and to
' the Prejudice of the Public Peace, may accord-
c ingly be confidered as to future Truft, or not ;
* But, however, that the Eftate and Revenue of
* the Crown may be fequeftered, and all the Mat-
* ter of coftly Pomp or State fufpended for a good
* Number of Years, while the Defolations and
? Spoils of the poor People made, by and in behalf
f of that Family^ and for that vain Intereft, the
f State and Greatnefs thereof may be in good
* Meafure repaired 'or recovered j and that the Re-
e venue, faving neceflary Allowances for the Chil-
* dren's Maintenance, and to old Servants and Cre-
* ditors of the Crown, not Delinquents, and alfo
^ the 100,000 /. per Annum^ voted to the Crown in
* lieu of the Court of Wards, may, for thofe Years,
* be difpofed towards public Charges, Debts, and
' Damages, for the eafing and leflening of the
* People's Contributions towards the fame j fo as
* the Eftates, neither of the Friends to the Public
6 Intereft, nor alone of the inferior Enemies there-
4 to, may bear wholly the Burden of that Lofs and
* Charge, which, by and for that Family, the
P 3 ' King*
330 The Parliamentary HISTORY
An. IA Car. I. c Kingdom or the good People thereof have been,
^^ '^ f ' or, for future Security, {hall be put unto.
November. 3- ' That, for further Satisfaction to Public
' Juftice, capital Puniftiment may be fpeedily ex-*
* ecuted upon a competent Number of his chief In-
* ftruments alfo, both in the former and latter
c War ; and, for that Purpofe, that fome fuch of
* both Sorts, may be pitch'd upon to be made Ex^.
* amples of Juflice in that Kind, as are really in
' your Hands or Reach, fo as their Exception from
* Pardon may not be a Mockery of Juftice in the
' Face of God and Men.
4. * That exemplary Juftice being done in ca-
' pital Puniftiment upon the principal Author and
* forre prime Inftruments of our late Wars, and
' thereby the Blood thereof expiated, and others
* deterred from future Attempts of the like in either
* Capacity, the reft of the Delinquents, Englijb^
* in relation to the Wars, may, upon their Sub-
* miflion and rendering themfelves to Juftice, have
* Mercy extended to them for their Lives j and
c that only Fines may be fet upon them, with rea-r
* fonable Moderation, but with refpedt to pubKc
' Damages, and their Perfons further cenfured,
* and declared to be incapable of any Office or
* Place of Power or public Truft in the Kingdom ;
' or of having any Voice in Elections theieto, at
' leaft for a competent Number of Years ; that alfo
* a fhort and peremptory Day may be fet, by which
* Time all fuch Delinquents may have final Warn-
* ing to cotne in and render themfelves to Juftice,
* and to tender their Submiflicns to fuch Fines and
'< Ccnfures as aforefeid ; and that fuch of them as
* (hall fo do by the Day affigned, and (hall, with-*
* all, pay in or fecure their Fine, according to rea-
< fooable Time given, may have their Sequeftra-
* tions taken off, and be reftored to their Eftates ;
' and that ro all fuch, as alfo to all thofe that have
' already fubmitted to Fines or Con.poiltions, and
* paid in or fecured the fame, a general Pardon
* may be granted, made, and publifhed by Parlia-
f mem, extending to abfolve them frorrt any fur-.
« thcr
of- ENGLAND. 231
* ther Cenfure, Damage, Trouble, or Queftion, An- =4 Car. t-
4 either in the Behalf of the Public, or at the Suit , ' **' A
* of any private Perfon, for any Thing faid or done November.
' in profecution of, or in relation to, the late War
* or Troubles ; and to reftcre them to all Privileges,
* Benefits, and Immunities equally with other
* People, excepting only the Capacity to Places
* of Power or public Truft, or to Voices in Elcc-
' tion thereunto as aforefaid ; that fo they may
' not, as heretofore, after Fines or Compofitions
* to the State for their Delinquency, remain fub-
* je<5t to any Man's Action for any particular Aft
' of their Delinquency, to their endlefs Trouble
* or Undoing, or the driving of them to defperate
* Ways of public Difturbance for their own Pre-
« fervation j but that fuch of them as will, for fu-
' ture, live in Peace and Subjection to the Laws
* and Government of the Nation, may enjoy the
* Benefit thereof, and have Quiet and Protection
* under the fame ; and their Pofterities, yea, or
' thernfelves in Time, partake fully and equally
' with others of the common Intereft contended
' for, and obtained. But as for fuch Delinquents,
' who having Mercy tendered to them Jfor Life,
' as aforefaid, (hall not, by the Pay to be fet,
' come in and render thernfelves, fubmit, and pay,
* or fecure their P'ines as aforefaid, that it be de-»
* clared their Eftates (hall from that Day be abfo-
' lutely confifcated, and fold or difpofed of wholly
4 to the Public Ufe ; and their Perfons to ftand per-
' petually exiled as Enemies and Traitors, and to
* die without Mercy, if ever after found and taken.
* within the Kingdom, or the Dominions thereto
* belonging ; and upon their Default of Appear-
* ance, &c. as before, or at the faid Day, that they
4 be from thenceforth proceeded againft accord-
4 ingly.
5. < That the Satisfaction of Arrears to the Sol-
* diery, with other public Debts, and the compe-
* tent Reparation of public Damages, efpecially
* and primarily of fuch as voluntarily engaged for,
* and have conftantly adhered to, the common
P 4 * Caufc,
232 7& Parliamentary HISTORY
An. 14 Car. i.« Gaufe, and fuffered for the fame, may be put
t * *8' » * *nto f°me orderly and equal, or proportionable!
November. ' Way > wherein, as to Debts and Damages,
* Care may be taken for feme Precedency of Satif-
' faction to fuch whofe Loans or LofTes appear to
' have been great, and Livelihoods fmall, fo as
' they can worft bear the Want or Delay. And
* towards thefe Things, not impairing any other
' Security already given for Arrears to the Soldiery,
' in an equal Way, or for juft Debts of other
.' Kinds, we propound, That the Fines or Com-
' pofitions of Delinquents may be difpofed of, and
' employed to thofe Ufes only, as alfo the Confif-
' cations and Proceed of their Eftates who fhall be
' excluded from Pardon, or not come in by the
' Day to be afligned, as in the laft precedent Ar-
« ti%:le.
* Now, after public Juftice, and therewith the
* prefent Quieting of the Kingdom thus far pro-
' vided for, we proceed in order to the general Sa-
e tisfadlion and Settling of the Kingdom as fol-
* loweth :
1. ' That you would fet fome reafonable and
( certain Period to your own Power, by which
* Time that great and fupreme Truft repofed in
c you {hall be returned into the Hands of the
* People, for and from whom you received it, that
' fo you may give them Satisfaction and Aflurance,
' that what you have contended for, againft the
* King, for which you have been put to fo much
c Trouble, Coft, and Lofs of Blood, hath been
e only for their Liberties and common Intereft,
c and not for your own perfonal Intereft or Power.
2. * That, with a Period to this Parliament, to
1 be afligned as fhort as may be with Safety to the
c Kingdom and Public Intereft thereof, there may
* be a found Settlement of the Peace and future
. * Government of the Kingdom, upon Grounds of
' common Right, Freedom, and Safety, to the
4 Effect here following :
Firfli ' That from the End of this, there
* may be a certain Succeflion of future Parlia-
' ments,
of E N G L A N D. 233
c ments, annual or biennial, with fecure Pro- An. 1 4 Car. j.
c viflon- v I6g- .
I/?, ' For the Certainty of their Meeting, Sit- Np»«nb«.
* ing, and Ending.
2<#y, * For the equal Diftribution of Elections
* thereunto, to render the Houfe of Commons, as
? near as may be, an equal Reprefentative of the
* whole People electing.
3<#y, « For the Certainty of the People's meet-
? ing, according to fuch Diftributions, to elect, and
' for their full Freedom in Elections : Provided,
* That none who have engaged, or (hall engage,
* in War, againft the Ri^ht of the Parliament,
* and Intereft of the Kingdom therein, or have
6 adhered to the Enemies thereof, may be capable
* of electing, or being elected, at lead during a
' competent Number of Years, nor any other who
* fhall oppofe, or not join in Agreement to this
* Settlement.
4/My, * For future clearing and afcertaining the
' Power of the faid Reprefentatives ; in order to
* which, that it be declared, That as to the whole
' Intereft of the People of England, fuch Repre-
' fentatives have, and (hall have, the Supreme
* Power and Truft as to the making of Laws, Con-
' ftitutions, and Offices, for the Ordering, Pre-
* fervation? and Gqvernment of the whole j and
* as to the altering, repealing, or abolifliing of the
* fame, the making of War or Peace ; and as to
' the highcft and final Judgment in all civil Things,
c without further Appeal to any created (landing
* Power ; and that all the People of this Nation,
6 and all Officers of Juftice, and Minifters of State,
« as fuch, fhall in all fuch Things be accountable
' and fubjecl thereunto, and bound and concluded
* thereby : Provided that,
i. ' They may not cenfure or queftionany Man
« after the End of this Parliament, for any Thing
' faid or done in reference to the late Wars, or
' public Differences, faving in Execution of fuch
f Determinations of this Parliament, as (hull be
' left jn Force at the ending thereof, in relation to
1 fuch
234 1%? Parliamentary HISTORY
!• * fuch as have ferved the King againft the Parlia-
* ment.
November. 2- ' They may not render up, or give, or take
' away, any the Foundations of common Right,
* Liberty, or Safety contained in this Settlement
* and Agreement ; but that the Power of thefe two
* Things laft mentioned mail be always underftood
* to be referved from, and not entrufted to, the>
* faid Reprefentatives.
5//>/H, ' For Liberty of entering Diflents in the
* faid Reprefentatives : That, in cafe of Corruption
* or Abufe in thefe Matters of higheft Truft, the
* People may be in Capacity to know who are free
* thereof, and who guilty ; to the end only they
* may avoid the further trufting of fuch ; but with-
* out further Penalty to any for their free Judg-
' ments there.
Secondly^ * That no King be hereafter admitted,
' but upon the Election of, and as upon Truft from
* the People, by fuch their Reprefentatives ; nor
' without firft difclaiming and difavowing all Pre-
' tence to a Negative Voice, againft the Determi-
' nations of the faid Reprefentatives or Commons
* in Parliament j and that to be done in Come cer-
' tain Form, more clear than heretofore in the Co-
* ronation Oath,.
* Thefe Matters of general Settlement, viz. That
* concerning a Period to this Parliament, and the
* other Particulars thence following hitherto, we
* propound to be declared and provided by this Par-
* liament, or by Authority of the Commons therein,
* and to be further eftablifhed by a general Con-
* tract or Agreement of the People, with their Sub-
' fcriptions thereunto ; and that, withal, it may be
* provided, That none may be capable of any Be-
' nefit by the Agreement, who mall not con lent
' and fubfcribe thereunto ; nor any King be ad-
' mitted to the Crown, or other Perfon to any
* Office or Place of public Truft, without exprefs
* Accord and Subfcription to the fame.
4 We have thus plainly and faithfully'propound-
' ed our Apprehenfions, how the Evil and Danger
4. * Of
tf E N <G L A N D. 235
* of the prefent Treaty may in good meafure be An> *+c£r' '•
* avoided, and our farther Conceptions of a Way, t V '
f wherein hopefully, through the Bleffing of God, Nov«$her.
* if moft Men be not given up, fome to unjuft Do-
1 mination or particular Intereft, the reft to Ser-
4 vitude, the Kingdom may be quieted, future
* Disturbances prevented, the common Rights and
' Liberties provided for, and the Peace and Go-
* vernment of the Kingdom fettled to a juft public
* Intereft ; and this we have fet forth in fuch Heads
* and Particulars, which, if you will but fet afide,
' for the Time, lefs important Matters, may moft of
* them be brought to effect, and the reft affured and
' put into a good Way of effect within a fewMonths j
* fo as you might then eafe the Kingdom from the
6 Burden of the grcaceft Part of that Force, which
* otherwife, in cafe of Accommodation with the
* King, you will be neceHitated for a much longer
* Time, probably for many Years, to keep on upon
' the public Charge, unlefs, upon the Accommo-
' dation, you would give up all to the King's
' Power again, and expofe thofe that have engaged
* againft him, as Sacrifices to his and the Cavaliers
c fcevengfe : And, for our Parts, let but that Way
* of Juftice be effectually profecuted, and the Set-
* tlement of the Public Intereft, upon fuch Foun-
' dations as are afore propounded, be afitrred to us
* and the Kingdom, ;:nd put into a Courfe of ef-
* fevSl, (which, as we faid before, might well be
' in a few Months) and we fhall not only embrace
' with Chearfulnefs, but fhall, with Eager-net's,
* defire a Difcharge from our prefent Service ; and
* fhall be mod: re?dy to difband all, or Part, as
' fhall be thought fit, the Arrears of the Soldiery
* being fatishcci. We fhall therefore earneftly de-
* fire, that thefe Things may be minded and pro-
* fecuted effectually ; and that nothing may inter-
' rupt them, fave what fhall be for immediate and
* neccflary Safety : And that, to avoid Interruptions
f from fuch things us are not neceflhry, or lefs pro-
* per for Parliamentary Confederations or Debates,
4 you will leave ail private Matters, and Things of
* ordinary
236 tfke Parliamentary H 1 s T o fi v
n. 24 Or. It <• ordinary Juftice and Right, to the Laws and pre-
4 ' , ' fent proper Officers and Adminiftrations thereof,
November. ' unt'l better can be provided ; and commit all
' ordinary Matters of State to the Management of
* a fit Council of State, fufficiently empowered for
* that Purpofe, and aflifted with the Addition of
* fome Merchants, jn relation to the Balancing,
* Security, and Advance of Trade, fo as you may
f;be the more free, for the prefent, to attend thofc
* aforefaid Confederations of public Juftice, and the
f Settlement of the Kingdom upon juft and fafe
* Foundations of public Intereft; and that when
' you have effectuated them, or put them into a
* Way of Effect, you may, for the Aftertime of this
4 Parliament's Continuance, more entirely apply
' your Councils to fuch other Things as are the
' * moft proper Work of Parliaments, and by and for
* which Parliaments have had their Efteem in this
* Nation, and the Kingdom moft Benefit by them,
* viz. the Reformation of Evils or Inconveniences
* in the prefent Laws and Adminiftrations thereof ;
' the Redrefs of Abufes and fupplying of Defedh
* therein, and the making of better Conftitutions
" for the well Government and Profperity of the
' Nation j as alfo the due Proportioning of Rates,
* and providing of Monies, in the moft equal and
' leaft grievous Ways, for all neceflary Ufes of
* the Public, and the like : And, in order to fuch
* Things, that you would, in due Time and Place,
' viz, after public Juftice and the general Settle-
* ment, confidcr iuch fpecial Overtures of that
* Kind, as have been tendered to you in the Peti-
* tions of Well-wiihers to Public Good ; and parr
* ticularly in that large Petition from many about
4 London^ dated the nth of September laft (z), and
* alfo what ftiall be tendered of the like Kind from
* others ; that fo what is really for the Remedy of
* common Grievances, or the Advancement of
f common Good, may not be flighted or negleft-
u ed ; but that Evils in that Kind being removed,
c and good Things ordained and provided by you,
Vfor
(a) In OUT Seventeenth Volume, p. 451.
of £ ft G L A N D. 437'
* for the Eafe, Benefit, and Profperity of the People, An. 14. Car. r.
* in all Things poflible, you may, when you come
* to lay down your Truft, leave i. good Savour be-
* hind you, both to the Name of Parliaments, and
' alfo of Men profefTing Godlmefs, fo much as this
' Houfe hath done, and therein chiefly to the Ho-
' nour of Almighty God, who hath, in h?s rich
* Grace and Mercy, done fuch Wonders for yoii
' and us. And for furtherance to all thefe Ends$
* fmce the Heart of Man is deceitful and Corrupt
* above all Things, and moft apt to anfwerable
4 Councils and Actings, where it can hope to walk
' in the Dark, undifcerned or undiftinguiflied, tho'
* but to the Eye of Man, we muft again defir«,
1 that even from henceforth the aforefaid Liberty
1 of entering Diflents, as it is in the Scots Parlia-
* ment, where lately there hath appeared a moft
' ufeful Effect of it, fo alfo may be admitted amongft
* you ; or at leaft that in thefe Tranfa&ions, of
* fuch high Moment to the Public and all honed
4 Interefts, and in Times fo apt to Deceit, De-
* fecYion, and Apoftacy, that Liberty may be taken
* by all honed faithful Members, that defire to
* appear, as their Hearts to God, fo their Ways to
* good Men : Yet ftill we wifli not, whoever (hould
* by that Means be detected for corrupt Counfels,
' that, for his judgment there, any Advantage
' fhould be taken without Doors ; but only that
* Men may avoid the further trufting of fuch Per-
* fons, iind that the Innocent may not be unjuftly
x prejudiced or fufpe&ed.
' Thus, as the Exigence of the Cafe and Natur*
* of the Bufmefs requires, being of fuch vaft Im-
' portance to all Public, Religious, and Honeft Inte-
4 reft, not in this Kingdom only, but in Neighbour
' Nations, we have dealt with all Plainnefs and
* Clearnefs as God hath enabled us j and now, to
* conclude, we hope that, in an Age of fo much
* Light, meer Will or Resolution will not be held
* forth or purfued againft it ; but that, what Rea-
* fon or Righteoufnefs there is in the Things we
4 have
238 ¥be Parliamentary tt i s T o R V*
An. 24. Car. l.« have faid, will be confidered and followed : Nor
*648' ' let it find Prejudice with you from any Difdairi
November. ' towards thofe from whom it comes, being in the
* Condition of an Army, looked upon as Servants.
* under you, fince Servants may fpeak to their
* Matters* and ought to be heard and regarded,
' even when they fpeak for their own Right only,
' and rather when they fpeak for the Good and
* Safety of them they lerve ; but much more when
' they fpeak of that wherein they have fome joint
' Intereft with them ; and yet more when* thofe
' their immediate Matters being themfelves alfo
* Servants and Truftees for the Benefit of others*
* they fpeak for the Intereft of thofe for whom both,
* are employed*
By the Appointment of his Excellency the Lord-
General^ and his General Council of Officers.
, JOHN RUSHWORTH.
ujior. the This Remonftrancc occafioned very high De-
bates- Mr' Witkcke writes (a), < That fome Mem-
the Army. bers inveighed fharply againft the Infolency of it j
others palliated or excufed the Matters in it 5 and
fome did not ftick to juftify it ; but that rhoft wer«i
filent becaufe it came from the Army, who^ they
feared, would do as they had done formerly/ Ano-3
ther Cbntemporary Writer is much more particu*
lar (b) : He informs us, • That this Remonftrance
was no fooner read in the Houfe of Commons, but
the Independents began to applaud it highly ; of
which the principal were Sir Peter Wentworth^ Mo
Thomas Scott ± and Mr; Cornelius Holland: The latter
of whom having moved j That the Thanks of the
tioufe might be returned to the Army, for this
their fo feafonable Remonftrance j Mr. Prynn'e an-
fwered, * That it was fo far from being feafonablei
that it was fubveffwe of the Law of the Land, and
the Fundamental Conftitutions of the Kingdom j
and that the EfFe&s of it could be nothing but De-
folation
(a) Mtmbnah, p* 350*
(b) Mxnuriui Pragmatical, N&, j|»
of ENGLAND. 239
folatlon and Confufion.' Mr. Maynard argued as An. *4_C«' !•
if he had taken Fees on both Sides ; one while
magnifying the gallant Deeds of the Army, and
obferving that, under God, they had faved the
Kingdom ; then firking them for their Remon-
ftrance, and (hewing how it tended to the Deftruc-
tion of the Kingdom, and the DifTolution of Go-
vernment : Yet others wanted not courage to lay
the Cafe open very plainly ; faying, « That it be-
came not the Houfe of Commons, who are a Part of
the Supreme Council of the Nation, to be pre-
icribed to, or regulated and baffled by, a Council
of Sectaries in Arms.' A City-Member faid, ' That
the Houfe ought not to be difcouraged, but proceed
in the Treaty to an Agreement with the King, if
poflible ; for that, upon fo juft and righteous a
Caufe, they would not want the Hands, Hearts,
and Purfes, of many Thoufands to back them.'
The Independents perceiving by thefe Speeches^
and the Difcontents and PVowns of many in the
Houfe, that the Army was like to reap fmaJl
Thanks for their Remonft ranee, moved, ' That it
might be debated prefently, or put off no longer
than the Morrow at fartheft, that fo the Senfe of
the Houfe upon it might be returned fpeedily by
way of Anfwer.' To which It was replied, ' That
the Remonftrance in itfelf was tedious ; and the
Particulars in k very many, and of too great Mo-
ment to be debated, with fufficiejit Caution and
Difcretion, upon fo (hort Warning/ and there-
upon a Motion was made for putting off the De-
bate for a Week j which we find, by the yournal^
was agreed to without a Divifion.— — But this
Delay gave fo great Difguft to the Officers who
had brought up the Remonftrance, and attended
in the Lobby in hopes of a different Refolution
thereupon, that they followed feveial of the Mem-
bers down Stairs with menacing Speeches ; faying,
* They muft and would have their Remonftrance-
d«bajed out of hand, or the Honfe might take
what followed/ A Threat which they fully made
gcoJ, as will (botfly appear.
role.
tte Parliamentary Ji r s T o R Y
An. 14c»r. i. tfOVt 21. The following Letter from Col. Ham-
^ * * '. . rtiond) Governor of the IJle of Wight,, was read in
NoTMuber. the Houfe of Lords, addrefs'd to the Earl of Man-
chejler as their Speaker :
My Lord^ Newport, Nov. 19, 1648.
A Letter from < | AST Night, abc-ut Twelve of the Clock,
^AnfwwTdie ' ^-* * received a Letter of the i6th Inftant, and
Vote concerning * in it a Vote of both Houfes concerning the King's
the King's Pa- « Parole ; and, according to Command in the faid
* Letter, I have this Morning propofed and cotn-
' municated the faid Vote unto him j whereunto
'his Majefty hath declared his full Agreement, in
* the Hearing of many Gentlemen then prefent, as
' is exprefled in the faid Vote ; and further de-
* manded a Copy of it J and afterwards told me,
' That upon Tuefday next come three Weeks, upon
' his Computation, his Parole endeth.
' My Lord, I muft acknowledge myfelf to be
f no way worthy of fuch a Character of Favour as
* I have received, figned by your Lordfliip, all
* that I have or can do being but my Duty ; but,
* my Lord, before I conclude, give me Leave to
' renew one humble Suit to your Lordfliip, which
* I have formerly made, that you will pleaiie better
' to provide for the Service you have been pleafed
' to command me unto ; and this I beg of your
* Lordfhip with the greateft Importunity, becaufe
' (though hitherto it hath pleafed God miracu-
4 loufly to guide me through this difficult Employ-
* ment, yet) I find in myfelf an utter Difability to
' proceed in it as Things now ftand, and are like
6 to continue ; which, I muft profefs to your Lord-
* fhip is an Argument to me, above any Eafe or
' Advantage whatfoever, to make thefe my De-
' fires ; which I humbly prefent to your Lordfliip,
' with this Profeflion, that, wherein I am capable,
* there lives not a more faithful Servant to the Par-
* liament of England, than
Tour Lcrd/bip's moft bumble Servant,
ROBERT HAMMOND,
Ths
^ENGLAND.' 241
The Commons having fent up their Vote, of the An. 24 Car. j.
1 8th Inftant, « That the Treaty with the King be t :6*8- ,
continued to the 25th, the Lords gave their Con- November,
currence thereto, as alfo to another Vote of the
2oth, declaring his Majefty's laft Anfwer concern-
ing the Earl of Ormond to be un fat is factory.
Under the Proceedings of the 24th of laft Month
we mentioned the Names of the feven Delinquents
agreed upon, by the Lords, to be exempted from
Pardon ; and, in the Beginning of this, the Ob-
jections and Debates thereupon in the Houfe of
Commons. In confequence hereof there had been
feveral Conferences, wherein the Lords {hewed
themfelves very anxious to fave the Earl of New- The feven Delm-
cajlle and Sir John Wintour^ inftead of whom they ?uefSuag£eVn'
r i c>- Jv t n i f si n , T /»- bX both HouCj.
propofed Sir John Byron and Sir George Raddijfe. to be excepted
And this Day another Conference was held on that from Pardon.
Subje&, at which the Commons declared their Re-
folution to adhere to their Nomination of the Earl
of Newcajlle^ becaufe he had been one of the
greateft Enemies to the Parliament in the North
of England-, and had fo great Intereft in thofe Parts
as to have that whole Country, in a Manner, at
his Command ; but that if the Lords would con-
fent to this Earl's being one, the Commons would
accept of Sir John Byron inftead of Sir John JVin-
four, in regard of the latter's having been beyond
Sea for many Years. To this Propofal the Lords,
at laft, agreed ; fo that the feven excepted Perfons
from Pardon, now, were
William Earl or New- Sir Richard Grecn"j'J!s,
cajlle, David Jenkins y Kfqj
George Lord Dighy^ Sir Francis Doddir.gtm,
^MarmadukeLangdale^ Sir John Byrcn,
Nov. 22. -The Lords agreed to the following An Additional
Additional Propofition, voted by the Commons the ^
Day before, « That fuch Agreements as mall be i«nd.
* made by both Houfes with the Kingdom of $tot-
' land, for the Security of all thofe of that King-
VOL, XVIII. Q. * dooi
tfhe Parliamentary H i s t o R Y
Aij. *4 Car. I. t dorn who nave aflifted or adhered to the Parlte*
. ^J 4S* 7 c ment of England; and for the fettling and pre-
Novtmber. ' ferving an happy and durable Peace between the
e two Nations ; and for the mutual Defence of each
* other, be confirmed by Act of Parliament.' And
this Propofition was ordered to be fent to the Com-
miflioners, to be by them prefented to the King for
his Confent.
Nov. 24. This Day came a Letter from the
Commiflioners for the Treaty^ directed to the
Speaker of each Houfe refpectively ; which being
opened, appeared to ferve only as a Paflport to the
en fuing Account of their Proceedings.
The firft Paper dated the iyth of November^
imported no more than that the Commiflioners had
papers between that Day prefented to the King the Refolutions of
the King and the both Houfes of the nth, in confequcnce of his
Commiflioners, fyjaiefty's final Anfwer, of the 4th, to the Propo-
concerning the J J . ', t /• T> r
Votes upon the fition concerning the Church, fome Parts of which
Propofition for had been voted fatisfactory, and others not. Thefe
they fet down feriatim (but being already given
under their proper Date, at p. 146, are unneceffary
to be here repeated) and then they conclude thus :
' We therefore humbly defire your Majefty to give
* your full Confent to the feveral Parts of the Pro-
' pofition mentioned in thefeVotes and Refolutions,
' according to our former Defi res, contained in our
' Paper of the Jz^th of September lafr, concerning
* the Church.' Then follow
The KING'S ANSWER concerning the Votes of
both Houfes, which declare Part of his Ma~
jefty's Anfwer concerning the Church to be un-
fatisfactory.
CHARLES R. NewPort> Nov- '8> 'M-
jN Anfiver to your Paper of the iftk Injl. where-
•*• by you have acquainted his Majejly with the
Votes and Refolutions of hot}} Houfes of the nth of
November Injlant^ and thereupon defired his full
Conffnt
the Churc
tf E M G L A N t>.
Confent to the feveral Parts of the Pr opojitiori men-
tioned in thofa Votes^ according to your former De-
fires, contained in your Paper of the i^th cf Sep- N»ven»b«r.
tember, concerning the Church \ his Majefty faith±
That he hath well weighed and examined his Concef*
fans to that Proportion, and is very ferry to find thaty
notwithftanding all his Care and Endeavours to give
his two Houfes Satisfaction, manifefted in four Anfivers
already given in to you upon that Subjeft, by which he
hath confented to whatsoever hs dare with a good Con-
jciente grant, ytt his Anfwers are Jlill returned back
unfatisfaffory.
But his Majejly, up en Perufal of your former
Papers, finds that the main Dijjatisfciftion of his
two Houfes rejls it: the Matters concerning the Abu-
lition of Bi/hops, Sale 'of their Lands, and his Ma-
je/i\'s Intention to uje a Form of Divine Service in his
Ghapfl.
As to thcfe Particulars his Majefly doth again
clearly profefs, That he cannot, with a good Confci-
ence, confent to the total Abolition of the FuncJwn
and Power of Bijhops, nor to the entire and abfelute
Alienation of their Lands, as is defired, becaufe he
is yet perfuaded in his "Judgment, that the former it
of Apojlolical Injlitution, and that to take away the
latter is Sacrilege. Neither can his Majefty com-
municate in a public Form of Divine Service, and
Adminijl ration of the Sacraments* where it is wholly
uncertain «.'/;<?/ the Mini ft er will offer to God; and
therefore he cannot recede from his former Anfwers
in any of thofe Particulars. And if his two Floufes
jb.ill jerimijly conjider how that his jWajeffy, by his
i-rnttr Anfiuers, hath totally fufpendcd Epifcopat
(rovernment for three Years ; and, after the Jaid
'I i, in', limited the fame in the Powers of Ordination
<f*id 'furijdiflion j and that the primitive Office of
a Bijhop only is by him endeavoured to be preserved ;
and that the Bijho.ps Lands are heavily charged with
J .fiijes fir ninety-nine. Yfiirs ; and that Deans and
Chapters, and other tJmir Dtf>t:n<-i't'nts9 are taken
it-way ; his Maj^fly is confident his two Mcufcs can*
not think it /VY/Aiv.vi/,'., in a Matter of this \ritture>
£44 ^}e t&tiGtt&ttafy HISTORY
An. 24 Car. I. fg offer any Violence to the Conscience of their Sovt*
l648*_ _, reign, nor to fuffer thofe Differences* which reft in
November. f° narroliv a Compafs, to binder the Settlement of fa
bleffed a Peace in this Kingdom. And if his two
Houfes Jhall not think fit to recede from the Strifi-*
nefs of their Demands in theje Particulars^ his Ma-
jejly can with more Comfort cajl himfelf upon his Sa-
viour's Goodnefs to fupport him in, and defend him
from, all Affliftions, how great foever, that may
befall him, than for any politick Confederation, which
may feem to be a Means to re/lore him, deprive him-
felf of the inward Tranquillity of a quiet Mind c
Wherefore, as to thefe Particulars before-mentioned^
as alfo concerning the Articles of Religion, and what
elfe remains in Difference upon this Proportion, his
Majefiy adheres to his former Anfwers ; and hopes
that his two Houfes, upon a Review and farther Con-
Jideration of his Reafons^ witt therewith rejl fully fa-*
ttsfied,
TJie COMMISSIONERS REPLY to the foregoing.
Newport, Nov. 20, 1648^
" T TAving perufcd your Majefty's Papers of the
* JTi i8th Inft. given in as an Anfwer to ours of
* the iyth, which contained the Votes and Refolu-
* tions of both Houfes upon fome cf your Majefty's
* Anfwers to our Defires, exprefled in a Paper of
' the 25th of September, concerning the Church ; we
* do humbly fay, That the Houfes of Parliament
' did, as formerly, return thofe Anfwers back as
' linfatisfac-tory, becaufe there were no Cortceflions
* of the Things defired, which they had in their
* Judgments concluded to be fo neceflary for the
* Good of the whole Kingdom, both in Church and
* State, wherein they would not force your Ma-
* jefty's Confcience, but defire it may be informed,
* that fo yours agreeing with theirs, who are your
e great Council, there might be a Compliance
4 throughout, and a Concurrence in thefe and all
' other Things for healing the Breaches, compo-
* fmg the Differences, and fettling a blefled Peace,
*f ENGLAND. 245
* within your Dominions ; and therefore we, in Ap. a4 c«. j
* purfuance of their Directions, have made bold to
* prefs your Majefty fo often, both in our Papers
* and Debates, and mul ft ill perfift.
* As for the Particulars infifted upon ; Firft, For
' the Abolition of Epifcopacy, we take Leave to
' fay, it is not the Apoftolical Bifhop which the
' Bill (defired of your Majefty) intends to remove;
4 but that Epifcopacy which was formerly efta-
4 blifhed by Law in this Kingdom, grown up to a
4 Height of outward Pomp and Greatnefs, and
* found by Experience to be a Grievance to the
« Subject, a Hindrance of Piety, an Encroach-
4 ment upon the Power of the Civil Magiftrate,
4 and fo a Burden to the Perfons, Purfes, and Con-
* fciences of Men : Whereupon the Parliament,
4 finding it to be for the Honour of your Majefty,
4 and Profit of the Subject, to take it away, defire
4 this Bill for that Purpofe ; not meddling with the
* Apoftolical Bifhop, nor determining -what that
* Bifhop is whom the Apoftles mention in Scrip-
4 ture, but only to put him down by a Law who
4 was fet up by a Law j nothing being more pro-
* per for Parliaments, than to alter, repeal, or
* make Laws, as Experience teacheth it to be for
* the Good of the Common-wealth. But admit-
4 ting that Apoftolical Bifhop to be within the Pur-
* port of this Bill, we humbly conceive that it doth
* not follow, that therefore in Confcience it muft
4 not be palled ; for we may not grant that no Oc-
« cafion can make that alterable which is found to
« have its Foundation only in the Practice of the
4 Apoftles, not in a Precept. We fuppofe that
4 fome Things have been altered, which the
' Apoftles practiied ; that Circumftances many
4 Times change the Nature of moral Actions ; that
4 for the attaining of a great Good, or the Avoid-
4 ance of a great Evil, that which, fmgly confidered?
4 were not fit to be dene, perhaps a Fault if it
* were, may become a Duty, and a Man be bound
4 in Confcience to do it : And if ever Circum-
4 fiances could have a more powerful and confider-
Q^ 3 * able
•21^.6 The Parliamentary HISTORY
An. a* Car. I. e able Operation than in this Particular, we humbly
t ' ; * leave to your Majefty's Confideration. But this
November, * ls hid only by the way, and admitting, for Ar-
' gument's Sake, not granting the Ground"
* which your M<>jefty is pleaied to go in the refu«
* fing to pals this Bill.
Secondly, ' For the Sale of Bifliops Lands, which
e your Majefty apprehends to be Sacrilege^ we
* humbly offer, That Biftiopricks being diiTblved,
' their Lands (as of all Corporations) naturally, by
* the Law of the Land, revert to the Crown ;
f which is their Founder and Patron, and heretofore
' held it no Sacrilege to ciifpofe of Bifhops Lands,
* to its own and others Ufe, by Ail of Parliament,
' which was an ordinary Practice in your Predecef-
' fors, Kings and Queens of this Nation. Befides,
6 we might fay, that in all Ages, and even under
' the Ceremonial Law, eminent and urgent Ne-
' ceflity, efpecially if public, hath difpenfed with
'i the otherwife employing; of confecrated Things.
* Then whereas your Majefty is pleafed to fay,
* You cannot cammunuaie in a public Form of Di~
' vine Service^ where it is uncertain wkat the Mi-
* ntfter will offer to Gad; we humbly befeech your
* Majefty to be informed, that the Directory, which
* your Majefty hath granted to eftablifli for three
* Years, doth fet down the Matter of the Prayer
' which the Minifter is to obferve ; only Words
c and Expreflions, and Enlargements upon that
6 Subject, are left to his Difcretion, for the EJC-
< erciie of his Gifts ; fo that the Subftance of whart
5 he is to fay will be manifeft unto your Majefty :
* Yet, give us Leave to add farther, it can be no
* Obje£tion againft joining with a Minifter in Pray-
c er, not to know before-hand the very Words that
"• he will lay ; for then one muft not hear any pray
* before Sermon, where every feveral Minifter hath
6 a feveral Form, and moft vary (till according to
6 Occafion.
* Upon the whole Matter ; we hope your Ma-
* jefty, afier a more ferious Confideratioii, will ea-
* i\ly difcexn the iuft Caufe which the two Houies
of E N G L A N D. 247
c of Parliament have to remain, as they do, unfa- An- 24 Car- *
* tisfied j feeing your Sufpenfion of Epifcopal Go- ,
£ vernment for three Years doth not meet with November.
' their Fears, nor can prevent the Inconveniences
c which muft neceflarily follow upon the Return of
' Biftiops, and the Powers which you referve unto
* them after that Time.
' For, firjly That a Biftiop, fo qualified as your
* Majefty exprefleth, (hall rife again then, is wholly
' in your Majefty's Choice, and unavoidable by
' the Parliament, with whom if you will not agree
* before (which depends meerly upon your Ma-
' jefty4s Will) no other Government can be fet up j
* and then this of Epifcopacy returns, and that
* with fo great a Power, as the Biftiop may chufe
* if any Minifter at all ftiall be made in the Church
' of England ; and thofe that (hall, to be at his
' Devotion, he having the Negative Voice in Or-
* dination ; which we humbly conceive the Scrip-
* ture holds not forth to have been in that Biftiop,
* who is there mentioned in]| the Writings of the
* Apoftles ; and confequently that which your Ma-
* jefty endeavours to preferve, not to be the pri-
* mitive Office of a Biftiop.
' Then for Lands, which your Majefty al-
* ledgeth to be fo heavily charged with Leafes for
* ninety-nine Years ; we humbly fay, There is a
« Rent which you ftill are pleafed to referve to
« him, and the Reverfion after thofe Years elapfed,
* fo as the Proprietor and Property (hall continue
* as before, and will be apprehended to be but a
* Door left open for the fame Greatnefs and Pomp,
* with the Confequences thereof, to be re-admitted
* upon the firft Opportunity j which being, it will
* be impoffible to free Men's Minds from Fears,
* and the Diftempers which thofe Fears will oc-
* cafion. Befides, it cannot be expected the Pref-
* byterian Government ftiould be complied with,
6 and exercifed either with Profit or Comfort, to
5 the Church in general, or to particular Perfons
* (whether the Governor or the Governed) every
c Body feeing it to be fo ftiort lived, and molt Men
The Parliamentary HISTORY
* fo apt to refift Government, who will thereby be
£ emboldened againft this ; fo as it is much to be
* doubted that what your Majefty hath done, fup-
' pofing it will quiet the present Diftra£tions, and
' give Way for calmer Debates afterwards) may
' rather be a Means of farther and greater Troubles.,
* and put us at a larger Diftance from a Compo-
* fure of the Bufmefs of the Church for the Time
* to come than we are now. And therefore we
c hope your Majefty will pardon our prefling you
* in this Manner, and not think it unreafonable
' that the Houfes of Parliament do fo infift upon
* thefe Particulars, which to them appear of fo
' great Confequence. The Intention is not, as
' was faid before, to offer Violence to your Ma-
* jefty's Confcience, but that you will pleafe to
f rectify it, by being better informed, that both
* yourfelf and your People may have Caufe of Re-
* joicing.
' Upon thefe Grounds, and many more too long
f to be here inferted, we again humbly beleech your
' Majefty to reyiew our former Papers ; call to
' Mind thofe Reafons and Arguments which, in
f Debate, have been ufed upon this Subject, and
' fuch other as your Wifdom, upon the Recollec-
6 tion of your Thoughts, will fuggeft unto you j
f and then, all confidered, that you will be pleafed
* to give your Royal Confent to the Particulars
' above fpecified, according to our Defires exprefied
* in our Paper of the 25th of September.'
[Sign'd by the Commiffioners.~\
His MAJESTY'S Final ANSWER to the COMMIS-
SIONERS Papers about the CHURCH.
CHARLES R Newport, Nov. 21, 1648.
TG*O R a final Anfiver to you^ as to your Paper of
•+ the ijth of this In/lent^ concerning the Churchy
and to your loft Papsr of ths 20th Injlunt, his Me-
jefty faith, That he is -well pie a fed with the Ex-
prejfions both in the Preface and Condufion of the
faid loft Papery That his t<,vo Houfes intend not
4 to
cf ENGLAND. 249
to force or offer Violence to, but inform and rec- An, 24 Car,
tify, his Confcience ; and therefore, notwithjlanding , l6*8' ,
the NeceJJity which is urged upon him through your Kwesdw
whole Paper for his prefent ConceJJtons, (which other-
wife might feem to contraditt thofe Exprejffions which
fo well pleafed his Majejly, yet he hopes his enfuing
Anfwers will fatisfy his two Houfes, Jince he is there-
unto enforced by his Conjcience, which fully concurs
with the Senfe of all other Parliaments, but this, fine*
the Reformation,
Firft, As for the Abolition of Epifcopacy ; if
what you defire of his Majejly would not, being
granted, abfolutely remove^ nay abolijh, the Exercife
of the Apojlolical Bijhop, this Point would be foon
agreed betwixt his Majejly and his two Houfes ; for
all the additional Power and Jurifdiftion which his
Majejly' s PredeceJJors have be/lowed upon that Apo-
Jlolical Funftion^ he hath consented Jhall be taken
away, as Archbijhops, Deans and Chapters^ &c.
leaving nothing but what (as his Majcjly believes to
have proved by his Papers to your Divines) was
charly injlituted by the Apoftles themfelves j and if
he Jhould give Way to remove all EccleJMftical Func-
tions, which by Laiv are exercifed, by that Rule
even the Preflyters themfelves might be taken a^voy ;
for quejiionlefs the Civil Sanction gives the legal act-
ing Power to all Divine Institutions, otherwife the
Chrifiian Clergy would now be in little better Cafe
than they were before there were Chrifiian Emperon.
As for thofe Apojlolical Practices which have, or may
(for the Avoidance of greater Evils] be altered, his
Majejly denies not but that Circumjlances may change
the Nature of Moral Actions ; and may perhaps make
that which is a Fault at one Time, fingly conftdfrcd
in itfelf, become a Duty at another ; yet, if the Par-
ticulars now demanded be not Jit to be done, or per-
haps a Fault if done, his Majejly conceives (the
good End being the fame on both Sides, to wit, the
Peace of the Kingdom] that the Confideration of
extraordinary C(rcumjlanccs ought rather^ in. this
Cafe, to have a powerful Operation with his two
Houfes to recede from their Demands, (ivhich can-
not
^ Parliamentary HISTORY
*4 CaE< I' not Is thought a Fault in them) than to be made Uft
of as an Argument to prefs his Majejly to do a 'Thing
dgainft his Conscience ', which appears to him to be un-
lawful ; fince the fame good End may as well be ob-
tained by relaxing on the one Side, as by prejfeng on the
.other. Befedes, his Majejly conceives not this to be of
that Number, it being not only a bare Practice, but
an Inftitution for continual Ufe in the Church,
Secondly, As for the Sale of Bijhops Lands ; his
Majejly conceives that Precedents in Cafes of Con-
fcience, cannot fatisfy, they only proving that fuch
Things were done, not the Lawfulness of them. Now,
that the total Alienation of Church Lands (zvhich is
the true State of the ^uejlion] is Sacrilege, Divines,
cf all Sorts, and of all Times, though otherwife dif-
fering in Opinion, yet herein agree with his Majcfty's
Judgment ; which being well weighed, he hopes may
Jathfy as to this Particular. Nor can the Practices
under the Ceremonial Law male any Thing for this
Cafe, becaufe in thofe Days full Compenfation was al-
ways intended and ordinarily followed, though abfolute
Neceffity, and not fuch as might be otherwife avoided,
difpenfed fundry Times with employing of Sacred
Things.
Upon the whole Matter, his Majejly hopes that
his ttvo Houfes, after a more ferious Confederation
of thefe and his former Reafons, will clearly dif-
tern that they are not pretended, but real Points of
Conscience upon which he now Jlicks ; and Jince, by-
the Sufpenfeon of Epifcopacy for three Tears, his
Majejly hath fully, for that Time, granted his two.
Houfes Defires ; fence he hath reduced the Office of
a Bijhop, not only to the Apojlolical Injlitution, which
yon fay is nst defered to be removed, but likewife taken
away all thofe additional Powers and Junjdiflions
•which can make them liable to the Imputation of
thofe Grievances and Inconveniences mentioned in
your Paper ; for as for the Negative Voice in Or-
dination, his Majejly much wonders that any can
queftion that Power to have been in the Apojlallcal
Bijhop, it being evident by I Tim. v. 22. and Ti-
t^is i. 5. that Me Ordination was praclljed by therii ;
and
of E N G L A N D. 251
tin i fine e it is more than likely that, upon a fokmn De- An- 24 Car. I.
bate bad with the Divines, according to bis Majejly's t
former De fires, bis Majefty and the two Houfes November,
will agree upon a fettled Form of Cburch Govern*
meat long before the End of three Years, whereby all
tbofe Di/lraclions, feared after that Time, will be
prevented. -
And laftly, as for Church Lands ; Jince by the
heavy charging of them, bis Majefty hath fatisfied
thofe Burthens for which they were engaged, he can-
not but hope that his two Houfes will reft fatisfied
with thefe and his former Anjwers ; efpeciatly con-
ftdering that if the Treaty ficuld break off" upon this,
which God forbid, the Violence offered to his Majfjiy'f
Confcience, agaitift which you ^protejl, would be too
apparent to all the World. Bejides, the Confufon
that mujl necejjlirily follow in all thefe his Dominions,
which is no ways in his Majefty' s Power to help ;
for you know who fays, What (hall it profit a Man
to gain the whole World, if he lofe his own Soul ?
Whereas on the contrary, the Compliance with his
Majejty in thefe Particulars puts him in a right Way
for the better Information of his Conscience, and in
the mean Time fettles a happy Peace in thefe di dratted
Kingdoms.
Concerning his Majejlys Declaration for a fit
Form of Divine Service, in his Anfwer of the
fourth of this Inflant, his Majefty having now ob-
ferved the Latitude of the Directory, is willing that
that ExpreJJion Jhall not be taken as any Part of his
Anfwer.
As to all other Particulars, his Majefty adheres to
his former Anfwer s.
The Commiffioners fecond Paper was to inform
the Parliament, that, on the 2ift Inftant, they had
prefented to trie King the Votes and Refolutions
of both Houfes of the 151)1, in Anfwer to his Ma-
jefty's Propofitions of the iyth of October laft,
(which they recite, and are already given at p. 81
and 150) and that of thefe the King had declared
his Acceptance as follows :
Newport,
¥he Parliamentary fit I s T o K v
CHARLES R. Newport, Nov. 21, 1648.
11 v ' TJ I S Majejly having received the Votes of both
November. J~L ^^ ^ ^ ^ ^ November /^^ /.,
Anfwer to his own Proportions, formerly fent to both
HHMajefty's #««/«, is well pleafed,
AiMwer, touch- j. That, from ana r after fuch Time as the Agree-
we the Votes mentf Of this Treaty be ratified, by Aft or Atts of
BDi«l his own r>»- it 7 • IT r a> r • »
Parliament, all his Honfes, Manors, Lands, with
the growing Rents and Profits thereof, and all other
legal Revenues of the Crinvn, Jliall be rejlored unta
him, liable to the Maintenance of antient Forts , and
all other public and legal Charges which they were t
formerly charged withal, or liable unto ; with an
Exception of fuch Cajlles and Forts as are now gar-
rifoned, and of fuch Places for public Magazines and
Stores as are now made Ufe of, for Jo long Time as
both Houfcs Jhall think fit to make Vfe of them for the
xece/Jary Defence of the Kingdom.
2. His Jwajejly doth likewife accept of fuch Com-
penfation for thofe legal growing Revenues and Pro-
fits of the Crown which he hath or Jhall confent to
part withM, for the Satisfaction of both Houfes in
this Treaty, in fuch Manner and Proportion as Jhall
be agreed upon between his Majefty and his two
Houfes.
3. His Majejly is well pie afed that he be fettled in
a Condition of Honour, Freedom, and Safety, agree-
able to the Laws of the Land.
4. And he doth confent to an Aft of Oblivion and
Indemnity to be pafs'd, to extend to all Perfons for all
Matters, with fuch Limitations and Pravifions as ft) all
be agreed between him and his two Houfes of Parlia-
ment,
5. And his Majejly ivitl farther confent, that it be
declared by Acl of Parliament, that nothing in his
Jl/fajp/?y's Propojitions Jhall be made Ufe of to abro-
gate, weaken, or anywife impair any Agreement in this
Treaty, or any Law, Grant, or Conceffion, agreed upon
by his Majejly • and his two Hovfes of Parliament in
2wfuar.ce thereof.
After
of ENGLAND. 253
-After reading thefe Papers the Commons pafled An. 24. dr. I.'
the following Votes :
1. « That the King's Anfwer, contained in a
Paper of the 2ift Inftant, to the late Proportion
concerning the Church, in all the Parts, except The K!ng.$ iaft
wherein he has declared his Confcnt, is not fatif- Anfwer concern-
fa&orv in8 lhe chltrcl1
I4CLUI). voted unfatisfao
2. ' That the Treaty be continued to Monday torft ana the
Night, the ayth Inftant; and that the Commif- Treaty farther
fioners be enjoined to come away the next Day,continucd'
with fuch final Anfwer as they {hall receive from
the King to what remains.'
The firft of thefe Refolutions pafs'd without a
Divifion. The fecond was carried by a Majority
of 94 againft 60 ; and the Lords having agreed to
them both, they were ordered to be fent away to
the Commiflioners with all Speed.
The fame Day, Nov. 24, a Letter from the
Lord- Admiral fvanutck^ dated Nov. 15, from
aboard the St. George, riding off Hehoetjluys, was
read in the Houfe of Commons ; giving an Ac-
count of the State and Condition of the revolted
Ships ; defiring Pay for the Mariners that had fub-
mitted, and alfo a Gratuity of two Months for
fuch as had been inftrumental in procuring that
Submiffion. Hereupon the Houfe refolved to raife The Commoai
20,000 /. upon the Credit of the Cuftoms, for the OTder *o,oooj:
Service of the Fleet. ^r.heFle«,
Nov. 25. The Commons refolved, That James And commit the
[Duke of Hamilton] Earl of Cambridge be remo- Dukeo^Hiimi^
j r J/T-L j i r, , • r • r „• /i ton to Wmdiee-
ved from Ajhby de la Zoitcb, in Leicefterjhire^ (where Caftlc.
he had been in Cuftody of the Lord Grey) and that
he be committed clofe Prifoncr, bv Order of that
Houfe, to Jf^tndfor-Caftle^ for HighTreafon in bring-
ing in a foreign Army to invade this Kingdom, and
levying actual War therein ; and that it be referred
to the Lord-General Fairfax^ to take Care for the
bringing and delivering him fafely into the Cuftody
of the Governor of FrinJfir-CaJflt, to be there
4 kept
November.
A Letter from
Col. Hammond,
inclofuig
The Parliamentary HISTORY
kept clofe Prifoner accordingly. — It may be re-
membered that, on the loth of this Month, ths
Commons had refolved to inflict a Fine of
roo,ooo/. upon the Duke of Hamilton^ to which
the Lords not giving their Concurrence, probably^
occafioned this peremptory Vote of the other
Houfe.
Nov. 27. A Letter from Co!. Hammond, Go-
vernor of the IJle of Wight^ brought up by Major
Cromwell^ was read.
For the Right Hon. the Earl of MA tf CHESTER,
Speaker of. the Houfe of PEERS pro Tempore, at
Wcftnimfter.
. JL* j- , Carhbrooke-Caflle^ Nov. 26, 1648.
HAving lately received this inciofed Letter
from his Excellency the Lord Fairfax^ I
thought it my Duty to acquaint your Lc rdfhip
with it ; and to let you know the General having
"Authority of Parliament for the commanding of
all the Forces in this Kingdom, and I having
no pofitive Inftructions from the Parliament for
my conftant Abode here, or other of Force at
this prefent, fave only to take Care that there be
a fufficient Guard for the Safety of the Iflancl,
and to hinder the taking away of the King's
Perfon from hence ; upon moft ferious C.onfide-
ration, finding no Way to avoid it, J refolved it
my Duty to give as fpeedy Obedience to it as the
Duty I owe to your Commands and Services
would permit.
' I expected before this to have feen Col. Ewer,
by whofe Hands this inciofed fhould have been
conveyed unto you ; but he failing, and my Let-
ter being pofitive for my fpeedy Repair to the
General, I refolve, fo foon as I can fettle, the beft
I may, the Soldiers and Inhabitants of this liland
for the beft Advantage of your Service, to take
my Journey to the Head Quarters ; where I fhall
be ready to receive your Lordftiip's Commands,
5 'if
of E N G L A N D. 255
* if they come to me before my Return, which I '.An. 24 Car, I.
' propofe (God willing) (hall "be the next Hour t l*&- J
* after his Excellency (hall pleafe to difmifs me j Novcmbtr.
* if I do not before that Time receive your Lord-
* {hip's Difcharge of my unhappy Employment,
' which I again moft humbly and heartily beg of
' you. If your Lordfhip pleafe to certify your
* Pleafure to me by this Bearer, it (hall, to the
* utmoft of my Ability, be obferved as becomes him,
* who muft ever fubfcribe himfelf,
Tour Lord/trip's moft faithful Servant,
R. HAMMOND.
Next was read the Letter from the Lord-Ge-
neral to Col. Hammond.
SIR, St. Man's, Nov. 21, 1648.
* T Have received your Letter of the igth of this Another from
* •*• Inftant, whereby I apprehend your great Dif- Lord Fairfax, n
« fatisfaftion, Trouble, and Burthen in relation tounP*e
* your prefent Employment, and fome other Things
'which hath occasioned your Addrefs to the
* Houfes ; therefore I defire before you refolve quit-
6 ting your Truft, even with all poffible Speed,
' to repair to me, becaufe I have fomewhat to com-
* municate to you of a very public Concern j and
< doubt not likewife, upon a true Underftanding of
'Things, you may receive that Satisfaction which
' will encourage you to continue your Charge. I
« have herewith fent Colonel Ewer, the fitteft Per-
« fon I could think of, to take Care of the Ifland
' till you return, and therefore fay the lefs becaufe
* I expert fo foon to fee you.
Tour very affeftionate Friend,
FAIRFAX.
When thefe Letters were read in the Houfc of
Commons, feveral Members took great Offence at
the Lord -General's Behaviour, declaring they
Would by no Means-.confent that Colonel Hammond-
ftould
2 56
Parliamentary
Am 54 Car. I. fhould leave the JJle of Wight,
r s T b ft V
To which it was
6*8'
Debate there-
upon,
anfsyered by the Independents, ' That this was
not a Time to give the Army any Caufe of Diftafte
or Jealoufy : That, fince the General had fent for
Colonel Hammond to confult with him, it would
be taken as an Affront, if the Houfe fhould lay any
contrary Commands upon him, and feem to b«
done on purpofe to exafperate the Army, by ob-
ftru&ing their Poceedings, and as it were to a-
bridge the General of exercifing Command over
his inferior Officer.' To this it was replied, ' That
the giving the Charge of the King, at this Time^
to any new Perfon, would prove a greater Caufe
of Jealoufy to the People, concerning his Majefty's
Safety : That the requiring Colonel Hammond to
continue his Command, and not to give up his
Charge to another, could not be interpreted an
Affront to the Army, or an Intent to abridge the
General in point of Command, becaufe Colonel
Hammond, as Guardian of the King's Perfon, was
intruded not only by the Houfes, and by Ordinance
of Parliament, but alfo by Patent under the Great
Seal ; and therefore he ought not to give up his
Char8e to an7 other> kut ty Confent of Parlia-
rnent.' To this nothing was anfwered j and the
•inue his Charge Refult was fo fend away, with all Expedition, the
tleifleffV/Vht following Anfwers to the Letters from Colonel
f' Hammond, and the Lord-General, figned by the
Speakers of both Houfes.
And firft that to the Colonel :
S I R, Wejlmmjler, Nov. 27, 1648.
<^yOUR Letter of the 26th Inftant, directed
* - to the Speaker of the Houfe of Lords, hath
* been read in both Houfes ; whereby you inti-
* mate you have received a Letter from the Lord-
< General Fairfax, importing his Defire for your
* fpeedy Repair unto him, and that Colonel Ewer
( was by him appointed to take the Charge of the
* Ifiand in your Abfence ; the Houfes of Parliament
' have taken into ferious Confideration the Matter of
< the Lord-General's Letter, and your Letter there-'
' upon
mondto cond
^ENGLAND. 2;7
c upon, and finding the Affairs of that Ifland, in ^n. 24 Car. j.
* relation to the Treaty, and their inftru&ions ^ |<H8-
' eiven unto you concerning the fame, in fuch a ""November ^
' Pofture as that they cannot poflibly difpenfe with
' your perfonal Attendance upon that Charge, have
* commanded us to let you know, that it is their
* Pleafure, and they do accordingly enjoin you to
' refide there, and to demean you rfelf according to
' the Truft repofed in you by the faid Houfes, and
' their Inftru6Hons formerly given unto you, untill
* you {hall receive further Order from the faid
< Houfes } and they have fignified their Pleafure
< therein to the General, This is all at prefent that
« is commanded us.
Tour Aft&imtate Friends, &c.
The ANSWER of both Hoitfs to the Lord FAIRFAX^
My Lord, Wejlmlnjier, Nov. 27, 1648.
' ' • ^ H E Houfes being acquainted, by a Letter
' JL from Col. Hammond, dated the 26th of
* this Inftant, of your Excellency's Define that he
* fhould fpeedily repair unto you, have command-
* ed us to let you know that they cannot poflibly
* difpence with his Abfence from his Charge in ths
* Ifland, in regard of the Inftru&ions he hath re-
' ceived from both Houfes concerning the Safety of
' the 'Kind's Perfon, and the Security of that Place;
' and therefore they defire you not to expect his
' fudden Repair to you, nor to appoint Col. EVJCT^
* or any other, to take the Charge of the Illar.d x
* untill the Pleafure of both Houfes be further fij»-
* nined unto you ; and fo we remain,
Your Lcrdfiip* s affcftionate Fi lends, &c.
A Letter was alfo ordered to be written to the
Lord-Admiral, requiring him to fend lome Ships
to the Ifle of Flight, for 'the Defence i>.nd Safety
of that Place, \vitn D redlions to obey the Com-
of Col. Hammond.
VOL. XVU, R .V.r.
Col
1 5$ *Tbe Parliamentary HISTORY
AA. 24 Car. I. Nov. 29. Several Papers relating to an intended
, . , Removal of the King's Perfon from Newport, were
* November. tnis Day read in the Houfe of Lore's, inclofed in the
following Letter from Col. Hammond, addreis'd to
the Earl of Mancbejltr, their Speaker.
Newport, Nov. 28, 1648.
My Lord,
Letters and other * Q Ince my laft to you, Col. Ewer is come into
HaSmonT «- ' 3 this Ifland- At his Coming, I demanded of
fating to-the Ge- £ him to know what Inftructions he had, and from
Bend's Order re- c whom , fcecaufe, though I held myfelf obliged
quiring him to c i. • t /•» i* /w j • •
give up the to °bey the General s Commands in going to
charge of the * him, yet I had a Truft upon me from the Par-
*'l*>ei^on Q ' liament, no ways, as I conceived, relating to
' the General or the Army, which I muft b«
4 faithful unto, to the utmoft of my Power, and
' careful, as much as in me lies, that the Parlia-
* ment and Kingdom's Services might not be pre-
* Judiced in my Abfence. He produced a Letter,
* figned by "John Rujhworth, in the Name and Be-
6 half of the General Council of the Army, order-
* ing him to come hither; and if in cafe I fhould, ac-
4 cording to the Commands of the General, repair
* to the Head Quarters, then he to fecure the Per-
' fon of the King in Cari/brooke-Caftle, or other-
' wife as he fhould think fit ;, and in cafe I fhould
' refufe, then- to do as God fhould direct him, gt-
' ving him Power to raife other Forces ; and if he
1 fhould fo fecure him, if he found any Hazard in
* being here, to give them Notice, and to bring
* ttve King over the Water. This was the Sub-
* ftance (to the beft of my Remembrance) of his
* faid Inftruclions, to which I gave him Anfwer
* to this Effedl:, That I knew none whatever had
' Authority over me as a Soldier but the General,
* except the Parliament ; neither did I hold myfelf
* obliged, or would I give Obedience to any other
* Authority or Perfon whatfoever : But that to the
* Matter of his Directions, as I conceived, I ought
not to give Obedience to any fave the Parliament
of E N G L A N 0. 259
* alone, who had intruded me, and only had An. 24 c»r. 2,
* Power fo to do ; but rather plainly told him, that . l648'
' if he, or any other, fhould fo proceed to violate
' my Inftrudtions from the Parliament, whilft I
' continued fo in Truft, I held myfelf 'bound in
* Confcience, Honour, and Duty to oppofe them
* to my utmoft ; and accordingly, God aflifting
* me, I refolved to do. T*his was the Subftafice
* of my Artfwer, upon which he is refolved forth-
* with to go along with me to the Head Quarters.
' This I hold my Duty to acquaint your Lordmip
< with, and alfo what Order I have taken in my
« Abfence for the preventing of fuch Practices as
' you will perceive^ by the inclofed Directions and
e Inftructions, (which I affure your Lordmip is the
* All in my Power to do) that upon the Confidera-
< tion of it, your Lordmip may take fuch further
* Order in an Affair of fuch high Concernment as
* to your Wifdom fhall feem beft. Whatever the
* Event be, I can fay with the Teftimony of a
« good Confcience, that in this whole weighty Bu-
* fmefs, which hath now more than twelve Months
* lain upon me, I have, as in the Prefence of
' God^ faithfully and honeftly difcharged my Truft
' to the beft Advantage of your Service, and not
* more in any Thing than in this ; and if for a
< Reward for it, and all other Hazards, Labour,
* and Blood I have undergone and fpent in your
' Service, I may now receive a Difcharge from
< you of that Burthen, fo much too heavy for me,1
« I (hall reft fully fatisned, blefs my God, thank
4 your Lordmip, and be further obliged tcf be,
< what I muft ever be,
My Lord,
Tour Lord/hlfs mojf faithful Servant,
R. HAMMOND.
P. S. ' Since the Writing hereof I received tb«
< Original to thefe two Copies inclofed.'
R 2 ft
260 The Parliamentary HISTORY
n. 44. Car. 1. 71) Colonel ROBERT HAMMOND, Governor of the
l6*8- t IJle of Wight, or to Col EWER, or to the Chief
November. Commander of the Forces there,
' \\7Hereas *"s Excellency the Lord-General,
' ** and the General Council of Officers,
* have prefcnted a Remonftrance to the Houfe of
' Commons, fetting forth the Danger and Evil of
* the prefent Treaty ; and deiiring, amongft other
* Things, that the Perfon of the King may be
4 proceeded againft in a due Way of Juftice ; and
* the Houfe having as yet given no Anfwer or Re-
' folution thereupon ; to the end therefore that, by
c his Efcape in the mean Time, the Confideration
' of the faid Deftres, or any Reafons thereof, may
* not be fruftrated, you are hereby defired and re-
c quired, upon the Receipt hereof, immediately to
* fecure the Perfon of the King in Canjbrooke-
* Co/He, in fuch Condition as before the Treaty ;
' and that you continue him fo fecured untill fome
* Refolution from the Parliament in Anfwer to
' the faid Remonftrance, or otherwife as you fliall
c receive further Orders from his Excellency the
' Lord-General.
By the Appointment of his Excellency the Lord-
General and Council of Officers, held at Wind-
for, Nov. 25, 1648.
JOHN RUSHWORTH, Sec.
For Colonel H A M M o N D, Governor of the Jfle
of Wight.
SIR,
rH E Providence of God, together with th?
Senfe i'.e hiith been pleafed. to fet upon our
Hearts concerning the Condition of Affairs in the
Kingdom, in relation to the Treaty, hath led us
to vnr-pare and prefent a Remonftrance to the
Houfe of Commons, which we fend herewith to
you : -We have found a general Concurrence
of the fame Tiling, throughout the Amy, and
feveral Counties t and we dcfire, as the Rsmon-
« ftrance,
of E NG LAND.
ftrance, and the Things contained therein, {haft
clofe with what God hath fet upon your Hearts,
which we doubt not of that you will, in a pub-
lic Way, exprefs to the General you and your
Forces Approbation thereof and Concurrence
therein.
By the Appointment of the General Council of Of-
ficers, held at Windfor, Nov. 25, 1648.'
JOHN RUSHWORTH, Sec.
Next were read Copies of Col. Hammond's Or-
ders and Inftru&ions to Capt. Bowcrman, Major
Rolph, and Capt. Howes, for the Safety of the ifle
of Wight and the Care of the King's Perfon,
which run thus :
Hereas his Excellency the Lord-General
hath commanded my fpeedy Attend-
* ance at the Head Quarters, in order to which
* Commands I refolve forthwith to begin my Jour-
* ney ; thefc are therefore to dcfire, order, and ap-
* point you, the faid Capt. Bowerman, Major Ralph,
c and Capt. Howes, to take Care of the Pefon of
' the King and this Ifland, according to the annex -
< ed Inftru&ions from both Houfes, directed to me,
< and thefe following in purfuance of them ; and
« you, or any two of you, are hereby authorized
' to act accordingly untill my Return, or that you
' receive other Directions from the Parliament.
c I have alfo cleared and appointed the two Regi-
< ments of Train'd Bands of this Ifland to be af-
6 fitting unto thefe Ends ; and do hereby further
' require all other Officers and Soldiers of the Ar-
4 my in this Ifland, and of thofc two Companies
c raifed in this Ifland for the Defence of it ; like-
« wife all Captains and Governors of Forts and
< Caftles in this Ifland ; as alfo all Captains and
c Officers of Ships, appointed for the Guard of
' this Ifland, to obferve your Directions in order
' to the Ends aforefaid.
R 3 I. < That
26l
November.
'* you
* Peri
Parliamentary H i ^r p ^ y
, I. * That you endeavour to the utmoft, by all
lawful Ways and Means, to preferve the Peace
November. of this -^and-
II. '' That if any Perfon whatfoever, under
e what Pretence foevcr, fh:-'l endeayour the remoT
* ving the Perfcn of the King out of this Ifland,
' unleft by direct Order of the Parliament, that
you refift, and, to the utmoft, oppofe any fuch
rfons •, and that you ufe your beft Endeavours
* {o fecure the Perfon of the King from being ta-
« ken out of this Ifland, according to the annexed
* Instructions of Parliament directed to me, untill
5 the Parliament fhall farther order,
III. ' That you fuffer no Perfons whatfoever in
f this Ifland in fuch Numbers as may endanger the
* Peace of it, or the Violation of the annexed Or-
' ders of Parliament.
IV. ' That, if Occafion fhall require, you give
* Notice and call to your Ailiftanca the Train'd
> Bands, or, if you fee Caufe, all other the Inha-
* bitants of this Ifland, who are inftru£ted to that
* Purpofe, according to the Ends of thefe and the
* annexed Inftru6tion$ of Parliament.
Y. ' That, in order to the Ends aforefaid, you
f give Orders and cammand all Officers and Sol-
* diers of the Army, now in the Ifland, the two
* Companies lately raifed in this Ifland, all Cap-
« tains and Governors of Forts and Caftles in this
* Ifland, all Ships riding before it, all Boats and
* Barges belonging to it, or on the other Side the
f Water, as you fhall fee Caufe.
VI. c That you act and do all other Things that
t of right appertain and belong to me as Captain
' and Governor of this Ifland, in order to the Ends
* aforefaid, untill my Return, or you receive Or-
1 ders from the Parliament.
G'^^n under iny Hand and Seal the 2jtb Day of
November, 1648.
RO. HAMMOND.
Annex'd to thefe was a Copy of the Ir.ftruftions
from both Houfcs to Col. Hammond, dated Au-
*f ENGLAND. 263
gujl 24, 1648, which being already given at large An< *4Car. I.
in our Seventeenth Volume, p. 41 43 are unnecefTary ^__ f
to be repeated. N«v*mb«r.
Next follow Col. Hammond's Inftru&ions to Sir
Robert Dillington? Bart, and Sir John 'Leigh? Com-
manders of the two Regiments of Trajn'd Bands in
the Ifle of Wight? requiring them, to aflift Capt.
Bovoermtm\ Major Rolph, and Capt. Howes in pre*
ferving the Peace of that Ifland, and preventing the
Removal of the King's Perfon from thence during
the Governor's Abfence ; which being to the fame
Effe& as thofe given to the laft-memion'd Gen-
tlemen, we omit.
The fame Day all the foregoing Papers were Which the Pat-
prefented to the Commons ; and, after a Confe- y
rence held thereupon, both Houfes agreed, That
a Letter be written to the General, to acquaint
him, that his Orders to Col. Ewer are contra-
ry to the Resolutions of Parliament, and the In-
ftru&ions given to Col. Hammondty both Houfes ;
and to require him to recall the faid Orders, and to
command Col. Hammond prefently to return back
to his Charge in the Ifle of Wight.
Nov. 30. A Letter from Major Cromwell? who
had been lent to Col. Hammond with the Orders of
both Houfes, forbidding him to leave the Ifle of
Wight? inclolmg another from the Colonel him-
felf, were read : Both thefe were addrefled to the
Speaker of the Houfe of Lords.
My lord? Wind fa Nov. 28, 1648.
* f~^ Olonel Hammond? when I came from him,
1 V_> refolved to be at the Head Quarters as lafl;
* Night or this Morning, ami appointed me to
* meet him there; upon which Confideration, ha-
* ving received your Orders to be conveyed unto
* him, I thought that to come this Way by the
•« Head Quarters was the fureft Way not to mifs
* h,im3 in cafe he fliouM, according to h-is Purpofe,
?v 4 « he
264 *Tbe Parliamentary HISTORY
An. 2.4. Car. I, e be come away from the Ifland. Before I could
^ l 4 | j "* get hither it was fomewhat late laft Night ; when
November. ' 1 found Col. Hammond not come, I went hence,
* intending to have got again into the Poft-Road,
' and fo to have hafted on ; but having forgot to
8 get the General's Pafs, which I did not know
* before-hand to be fo needful, I was, for want of
'.a Pafs, flayed and brought back by the Gentries
* about the Head Quarters ; and the Caftie Gates
'being {hut, 'and the Bridge drawn and lock'd,
* and the Keys gone up to the Governor, fo as I
* could not fend unto the General, was ftay'd here
' till this Morning. I am now going with what
* Speed I can, and hope the Time for your Orders
* is not loft, Col. Hammond being not yet come
* hither as he appointed, fo I prefume he has al-
' ready altered his Purpofe fjnce my coming from
*• him.
My Lord,
%~<wr Lord/Jyip's muft humble Servant,
H. CROMWELL.
My Lord, Farnbam, Nov. 29, 1648.
* TO Eing at Farnham, on my Journey to the
* .O Head Quarters in Obedience to the Gene-
* ra|'s Commands, I there met with your Lord-
* ibip's Orders brought to me by Major Crom-
* w*Jl, enjoining me to rcfide in the Ifle of Wight,
' which I {hall yield immediate Obedience to,
* by making my prefent Return thither ; though
* I muft needs fay, with very great Sadnefe of
* Heart, becaufe I had hoped and expected that,
* accoiding .to my moft earn eft Defires, you would
4 have been pleafed to have freed me from the grie-
* vous Burthen I have been fo long preffcd under;
* my Unfitnefs for which is fuch for many Rea-
* fons, that I yet hope, upon your further Con fid e-
? ration of me, you will pleafe to fet me at Li-
* berty, it being fo much for the Advantage or"
* your ,1/ordfhip's Affairs : This therefore I muft,
of E N G L A N D. 265
* ftill leave with your Lordftiips as the moft hearty An 24. Car. i.
e Defire of , l64S" .
Your Lord/hip's moft faithful Servant* November.
' R. HAMMOND.
to/, Nov. 29, 1648.
P. S. * My Lord, this being written before my
* Reftraint, {hould, with the laft Night's Letter,
* have gone towards you ; but thofe under whofe
' Cuftody I now am, did not, it feems, think fit to
' let it pafs untill now. I have given you an Ac-
' count of my Imprifonment in a Letter by another
' Hand, which I hope is before this Time come
' unto you.'
The fame Day, Nov. 30, a Letter from the The Lord Fair-
Lord Fairfax, which, Mr. Whitlocke fays, was ^^^
deem'd very high and unbefeeming, was reported Force*.
to the Houfe of Commons from the Committee of
the Army ; wherein his Lordfhip took Notice,
That they intended not to furnifli him with any
Money for Contingencies, which of Neceffity muft
be had for Pay of Meflengers, and other daily and
incident Charges of the Army ; and therefore he
muft be forced to take Money for this Purpofe out
of the Collectors and Receivers Hands, where he
could find it, if fpeedy Courfe were not taken to
fupply him : Hereupon it was ordered, That the
Committee of the Army do take fuch Courfe for
the Pay of their Arrears as they (hall think fit, for
their Satisfaction.
Both Houfes of Parliament and the City of Lon- The Commons
don were now alarmed with the Report of ano- defcr the tonf"
ther Vifit from the Army ; notwithstanding which J^
the Commons were fo refolute as to put the Nega- monftrance.
tive upon a Motion for taking into Confideration
the late Remonftrance from the General and his
Council of War, by a Majority of 125 Voices
againft 58 (b).
When
(b) mit'ode and Rufiwtrtb fay, That the Queftion pafs'd in the
Negative by near 90 Voices j but the Numbers £and as above in the
Journali.
266 ne Parliamentary HISTORY
An. «4 Car. I. When this laft-m£ntioned Remonflrancewas pre-
t l64-8< / fented to the Houfe of Commons on the 2oth of
November. ^ls Month, the Confideration of it was appointed
for the ayth, on which Day it was ordered to be
put off to the firft of December. Thefe repeated
Delays gave great Difguft to the Army, and occa-
fioned the following Declaration, by way of Appeal
from the Houfe of Commons to the People.
The DECLARATION of bis Excellency the Lord-
General FAIRFAX and bis General Council of Of-
ficers^ Jhetving the Grounds of tbe /hmy's Advance
towards the City of London.
Nov. 29, 1648.
•Wfceiwpon they ( T> King full of fad Apprehenfiorjs, concerning
J3±?3*? ' " t}^ Danger and Evil of the Treaty with th?
Refohition to ' King, and of any Accommodation with him, or
< Reftitution of him thereupon, we did, by our late
' Remonftrance, upon the Reafons and Grounds
* therein exprefled, make our Application thereby
' unto the prefent Houfe of Commons, that the
' dangerous Evil of that Way might be avoided,
' and the Peace of the Kingdom fettled upon more
' righteous, fafe, and hopeful Grounds, viz. a more
* equal difpenfing of Juftice and Mercy, in rela-
* tion to Things done or fuffered in the late Wars,
* and the eftablifhing of the future Government of
* this Kingdom upon a fafe Succeflion and equal
5 Conftitution of Parliaments ; and that for the
4 ending of prefent, and avoiding of "future Diffe-^
' rences, tq be ratified by an Agreement and Sub-
* fcription of the People thereunto.
* This Courfe we took out of our tender Care
* and earneft Defire that ail Ways of Extremity
* might be avoided, and that thofe Matters of high*-
' eft Concernment to the Public Intereft of this Na-
' tionmi2;ht be purfued and provided for, if poffible,
' by thofe whofe proper Work and Truft it was ;
* and herein we are willing to hope, that the Per-
*• fons fo trufted, or the Majority of them, might
4 poffibly have b«en either driven into that deftruc-*
* tive Way by forcrble Impulfion?, or lapfed there-
dfENGLAND. 2.67
* into through fomc Inconfideration, or Mifappre- An. 24 Car.
* henfions and conceived Jealoufies ; and there- ^J^*8'
4 fore we did carefully decline the infilling upon jjovembtr.
4 any thing that might continue or renew any for-
4 mer Jealoufies or Animofities, and keep only to
4 fuch Things as were of Neceffity or Advantage
4 to the common Caufe, and of common and equal
4 Concernment to thofe that have engaged in it ;
4 which Things we preffed in the Way of Reafon
4 and Perfuafion only, that they might be duly
' and timely confidered : But, to our Grief,
4 we find, inftead of any Satisfaction or reafon-
4 able Anfvver thereto, they are wholly rejected
* without any Confideration of them, whatever
* Reafon or Juftice might be in the Things fet forth
* or propounded therein : For what Icfs can be unr
4 derftood, when the Things propounded were
' mainly for the Avoidance of Evil appearing in
4 the Treaty with the King ? and yet they put off
' the Confideration of them, till there fhould be
4 no Place for any Confideration at all. Firft, Jay-»
' ing it afide till Monday laft, by which Time the
* Treaty, as then fuppofed, would have been con-
' eluded ; but that failing, and two Days more be-
4 ing added to the Treaty, the Confideration of
* our Remonftrance, on the Day appointed, was
4 waved and laid afide; the Treaty, in the mean
4 while, going on in the former Way and Terms,
4 and like to be concluded the very next Day.
4 Now, though we are f:ir from that Prefump-
? tion, that the Things (hould therefore be an-
* fwered and confidered, becaufe propounded by
* us, fave for the Reafon, Juftice, or public Con-
4 cernment therein, yet having no Anfwer, or any
4 Thing fhevved us tQ the contrary, we cannot
* but, upon the Grounds remonftrated, and many
4 more which might be added, remain confident
4 in our former Apprehenfions concerning them ;
4 and feeing the prevailing Part of thofe to whom,
4 we did apply, have, as it were, their Eyes wil-
4 fully {hut, and Ears ftopt againft any Thing of
4 Light or Reafon offered to them, we find no
4 Place
268 The Parliamentary HISTORY
An. 24 Car. I. { Place left for our former charitable or hopeful
^^ ' Apprehenfions concerning their Error in fuch
November ' ev^ Ways ; but remain fully aflured of the Qan-
' ger and deftru&ivenefs thereof, as to all thofe
' Public Ends for which they were entrufted, and
' alfo of the juft Advantage and Neceflity which
' lie in the Things we have propounded and in-
* fift on. We now fee nothing left to which their
* engaging and perfifHng in fuch Ways, and Re-
* jeftion of thefe better Things propounded, can
' rationally be attributed, lefs than a treacherous
* or corrupt Neglect of, and Apoftacy from, the
* Public Truft repofed in them ; although we
* could wifh from our Souls we might yet find the
' contrary ; neverthelefs we do not in thefe Things
' afTume a ftanding Power of Judgment, as of
' Right or Truft, to conclude others thereby ; ac-
* knowledging that to lie moft properly in thofe
' whom the People duly chufe and truft to judge
* for them ; but on the Confideration that fuch
c Power, where it is committed, is but in Truft, and
* that neither this nor any other People did ever
* give up their natural Capacities of common Senfe,
* or Reafon as to the Ends and Fundamentals of
* that Truft ; and that, as to the Breach of fuch
* Truft, there is no higher formal Power of Man in
* being to appeal unto for Judgment. In fuch Cafe,
* as all others concerned in fuch Breaches of Truft
' will, fo we cannot but, exercife that com-
* mon Judgment which, in our natural Capacities,
' is left to us : And though, in fmaller Failures of
' fuch Truft, which might be borne without Ha-
« zard of Deftruftion to that Intereft and" thofe
* People, for which efpecially the Truft is j or
* where the Truftees were of an indifferent equal
* Conftitution in reference to the whole; or where
' we had an orderly and open Way left for a juft
* Succeflion of another formal and proper Judica-
* ture to be appealed unto in due Time, we fhould
' not oppofe or hold forth our private Judgments
« to the leaft Disturbance of that orderly and peace -
* able Courfe of Judgment fo eftabliftied j yet, in
' our
of ENGLAND. 269
' our prefent Cafe we are fo fully convinced of the An. 24 car. I.
* Greatnefs and Deftrudlivenefs of thofe Evils we l64*' t
' have declared againft, and of the Neceflity and N«vemba-.
* Effentiality of thofe better Things we have de-
* fired and propounded, and how inconfiftent it is
' with the Public Truft and Fundamental Ends of
f it, ftill to purfue the one and reject the other, as-
4 'that we dare, with Confidence, appeal therein to
c the common Judgments of indifferent and un-
* corrupted Men, and to the more righteous Judg-
' ment of God above all.
' And as the Incompetency of this Parliament,
' in its prefent Conftitution, to give an abfolute
* and conclufive Judgment for the whole, efpeci-
* ally to be the fole Judges of their own Perform-
' ance of Breach of Truft, doth make the jufter
e Way for fuch an Appeal ; fo indeed we fee no
e other Way left for Remedy, in regard the pre-
' fent unlimited Continuance of this Parliament
' doth exclude the orderly Succeffion of any other
' more equal formal Judicature of Men, to which
c we might hope, in due Time, otherwife to ap-
* peal.
' Thus, when we apprehend ourfelves in the
* prefent Cafe both neceffitated to, and juftified in,
*an Appeal from this Parliament, in the prefent
' Conftitution as it ftands, unto the extraordinary
' Judgment of God and good People ; and yet,
* in the Profecution of this Appeal, as we {hall
' drive it on but to the fpeedy obtaining of a more
* orderly and equal Judicature of Men in a juft
* Rcprefentative, according to our Remonftrance;
* wherein to acquiefce fo in the prefent procuring
* of Juftice with the People's Eafe and Quiet, and
* in the fettling of the Kingdom upon a due, fafe,
* and hopeful Succeffion of Parliaments, ic is our
* Hearts Defire, and (hall be our Endeavour, that
* fo much, both of the Matter and Form, of the
* prefent Parliamentary Authority may be prcfcr-
* ved, as can be fafe, or will be ufeful to thofe
* Ends, untill a juft and fnll Conftitution thereof,
I < both
'The Parliamentary HISTORY
c both for Matter and Form, fuitable to the Publ&
' Ends it ferves for, can be introduced.
November. * And therefore, firjl^ it fhculd be our great Re*
* joicing, If God faw it good, that the Majority
6 of the prefent Houfe of Commons were become
c fenfible of the Evil and Deftructivenefs of their
.' late Way, and would refolvedly and vigoroufly
1 apply themfelves to the fpeedy Execution of
4 Juftice, with the righting and eafing of the op-
c prefs'd People, and to a juft and fafe Settlement
* of the Kingdom upon fuch Foundations as have
' been propounded by us and others for that Pur-
* pofe ; and would, for the fpeedier and furer Pro-
* fecution of thefe Things, exclude from Commu-
* nication in their Councils, all fuch corrupt and
"• apoftatiz'd Members as have appeared hitherto
* but to obftrucl: and hindei fuch Matter of Juftice,
* Safety, and Public Intereft, and to pervert their
* Councils a contray Way, and have therein for
4 fhamefully both falilfied and forfeited their Truft,
* But, however, if God fliall not fee it good to
* vouchfafe that Mercy to them and the Kingdom,
* we fhall, fecoftdly^ defire, That fo many of them
' as God hath kept upright, and fhall touch with
' a juft Senfe of thofe Things, would, by Protefta-
' tion, acquit themfelves from fuch Breach of
* Truft, and approve their Faithfulnefs, by with^
' drawing from thofe that perfift in the Guilt there -
' of; and would apply themfelves to fuch a Pofture,
4 whereby they may fpeedily profecute thofe necef-
* fary and Public Ends, without fuch Interruptions,
' and Depravations of their Councils from the reft,
* to their endlefs Trouble, Opprefiion, and Hazard
* of the Kingdom, as formerly ; and for fo many
* of them, whofe Hearts God fhall flir up thus to
' do, we fhall therein, in this Cafe of Extremity,
* look upon them as Perfons having materially the
* chief Truft of the Kingdom remaining in them j
* and tho' not a formal ftanding Power to be con-
* tinued in them, or drawn into ordinary Prece-
* dents, yet the beft and moft rightful that can bs
$f ENGLAND, 271
* had, as the prefent State and Exigence of Affairs An 24 c
* now ftand ; and we (hall accordingly own them,
* adhere to them, and be guided by them in their
* faithful Profecution of that Truft, in order unto,
' and untill the introducing of, a more full and for-
' mal Power in a juft Reprefentative to be fpeedily
' endeavouredi
* Now, yet further, to take away all Jealoufies
c in relation to ourfelves, which might with-hold
f> any honeft Members from this Courage, as we
c have the Witnefs of God in our Hearts, that, in
* thefe Proceedings, we do not feek, but even re-
* folve we will not take, Advantages to ourfelves,
* either in point of Profit or Power ; and that if"
' God did open unto us a Way, wherein, with
* Honefty and Faithfulnefs to the Public Intereft
* and good" People engaged for us, we might pre-
* fently be difcharged, fo as we might not, in our
* prefent Employments, look on, and be acceflary
« to, yea Supporters of, the Parliament in the pre-
* fent corrupt, oppreflive, and deftru&ive Proceed-
' ings, we fliould, with Rejoicing, and without
' more ado, embrace fuch a Difcharge, rather than
4 interpofe in thefc Things to our own vaft Trouble
' and Hazard ; fo if we could but obtain a rational
* Affurance for the effe&ual Profecution of thefe
* Things, we ihall give you any proportionable
' Aflurance on our Parts, concerning our laying
* down of Arms, when, and as we fhould be re-
* quired : But for the prefent, as the Cafe ftands,
* we apprehend ourfelves obliged in Duty to Qod»
* this Kingdon, and good Men therein, to 5m-
' prove our utmoft Abilities, in all honeft Way?,
' for the avoiding thefe great Evils we have remon-
' ftrated, and for Profecution of the good Things
4 we have propounded ; and alfo that fuch Perfons
' who were the Inviteae of the late Invafion from
* Scotland^ the Inftigators and Encouragers of the
' latelnfurrections within this Kingdom, and, thofer
* forcible Ways failing, have {till purfued the fam«
* wicked Defiyis, by treacherous and corrupt
2 * Counfel,
272 ¥be Parliamentary HISTORY
An. 24 Car. I. < Counfel, may be brought to public Jufticei ao
1648. ^ < cor(]jng to their feveral Demerits. For all thefe
December * Ends we are now drawing up with the Army to
< London, there to follow Povidence as God (hall
' clear our Way.
By the Appointment of bis Excellency the Lord-
General and Council of Officers.
]. RUSHWORTH.
TheCommif- December I. The Commiflioners being now come
hom" ™d™re- back from thclfle of Wight, this Day the Earl of
fent to the Par- Northumberland deliver'd in to the Houfe of Lord's
liament the reft (Jivers Papers concerning the Treaty.
Jatlng to th™ t6' Tne firft Paper was to acquaint the Parliament
Treaty. that, on the 23d of November, the Commiflioners
had prefentcd to the King the Votes and Refolu-
tions of the ift, the jth, the gth, and 2ift4 in con-
feqiflence of his Anfwer to the Proportion con-
cerning Delinquents ; (which we have given under
their proper Dates) and that to thefe they having
ciefired his Majefty's Confent, he gave this general
Anfwer :
. Newport, Nov. 24, 1648.
CHARLES R.
an dnfwer to you as to your Paper of the
of November, containing the Votes and
jR.eJblutions of both Hmifes concerning Delinquents^
fys Majejiy faith, That he is well plcafed to find
thereby that the two Houfes have lejfened the Extent
of their former Proportion in the feveral Particu-
lars exprefs'd in the f aid Fates ; but fence his Ma-
jejiy and his two Houfes have now agreed* that an
Aft of Oblivion and Indemnity Jhall pafs, to extend
to all Perfons for all Matters, with fitch Limita-
tions and Provijions as Jhall be agreed upon, his Ma-?
jefly conceives, that the fubjecJ Matter of thofe Votes
and Refolutions will, upon drawing up of the [aid
jfcf, mojl properly come in Debate ; and therefore
deffrei that his farther Anfwer may be refpited un-
till that Time.
The
^ENGLAND. 273
.?&<• COMMISIOXERS REPLY to the foregoing. An. »4Car.r.
Newport, Nov. 24, 1648. < v '
* \\1 Hereas your Majefty, in Anfwer to but l CTj
' VV Paper of the 13d Inftant, containing the
' Votes and Relblutions of the Houfes of Parlia-
c meat upon your Majefty's former Anfwer to their
* Propofition concerning Delinquents, is pleafed to
' fay, That you conceive the Jubjefl Matter of thefe
' Votes and Refolutions will properly come in Debate
* upon drawing up the A ft of Oblivion ; and there-
' fore defer e your farther Anfwer may be refpitcd till
4 that Time ; we humbly fay, That this is no An-
1 fwer to what is defired, as Part off this Treaty,
1 but a putting it of to another Time; and, as we
f humbly Conceive^ that which is moft proper to
' be agreed 6"n before the drawing up of that Act,
* in regard the Houfes, in their Anfwer to your
' Majefty's Propofition, for fuch an Act, have de-
* clared, That it be efpecially provided, that no-
* thing in your Majefty's Propofitions of which
' this Act or Oblivion is one, (hall any way weaken
* or impair any Agreement in this Treaty : Where-
* fore we humbly pray your Majefty's Confent to
* our Paper Yefterday delivered, concerning thofe1
k Votes and Refolutions.'
[Signed by the Commijffioners.]
His M A j E s T Y'S Final A N s \v E fc concerning
DELINQUENTS.
Newport, Nov. 2*, 1648.
CHARLES £.
TpO R a final Anfwer to you, as to your PC'.'
•*• of the lyi of November Injlant^ and the Vcttt
therein mentioned concerning Delinquents, his AAV-
jejly faith, That tbcitgh the Matter of that Pc$tr
might more properly have came in Debate npcn drain-
ing up the Aft of Oblivion, and the Limitations end
Prcvifeons therein , as in his former Paper is ex-
prefs'd ; yet, to evidence his Defire cf Corr.pliana
ivi'h his two Hoitfes, as well in Circum/lames, a
VOL. XVIII. S
274 The Parliamentary HISTORY
An. 24 Car. 1- in all other Matters of this Propofeiion, fo far as
t I " with Honour and Conference he can, his wlajefty
December, farther faith, T*W he doth agree that Sir John
Strangways Jhall be taken out of the Propofetion con-
cerning Delinquents : And that thofe Perfons named
in the firjl Branch of the Proportion, which are
Protcjlants, Jhall be admitted to Compojition : And
that all Papifls and Popijh fcecufants, who haw
been, and now are actually in Arms, or voluntarily
ajji/iing againjl the Parliament, (except thofe who
have had any Hand in the plotting, defegtiing, or af-
fijling the Rebellion in Ireland) yW/ be admitted to
Compojition : And his Majejly doth confent, 'That the
feveral Perfons comprifed in the faid Propofttion^
Jhall fubmit to moderate Compofetion, according to
fuch Rates and Proportions as they and the two
Houfes Jhall agree upon', the Particulars whereof
his Majejly leaves wholly to fuch Agreement; defiring
only that the Rates and Values may be mitigated and re-
duced to a more moderate Proportion.
His Majejly will alfo give ^vay that the Perfons in-
Jifted upsn by his two Houfes in the firjl Branch of
this Proportion, foall be removed from his Councils^
and be retrained from coming within the Verge of the
King's, Queen s, or Prince's Court ; and that they
may not hear any Office, or have any Employment in the
State or Commvmvealtb, without Advice and Confent
of both Houfes of Parliament : But his Majejly cannot
hgree that thofe who do the contrary Jhall incur fuch fe-
vere Penalties as to be guilty of High Treafon, and for-
feit their Lives and EJlates without any Capacity of
Pardon, as in the faid Propofetion 'is contained, there
•being a Penalty legally implied upon the Breach oj any
• Aft of Parliament, which his Majejly intends not to
difpenfe witbalL
As to the feven Perfons mentioned in the faid
Votes to be excepted from Pardon, his Majejly, for
the Peace of this Kingdom, will confent that they may
a'jj'ent themfelves out of the Kingdom for fuch 'Timf
as the two Houfes Jhall think fit ; defiring never-
tbelejs that they may be admitted to Compofetions for
their EJlates ; and if any of them Jhall be proceeded
againjl
ef ENGLAND.
aga'nift according to the antient and ejlablijhed Laws of~A°- 24 Car
this Kingdom, bis Majefty will not interpofe to hinder v l648
any legal Proceedings thereupon ; but that his MajeJIy
Jhould join in any Aft for the taking away the Life or
Eftate of any that have adhered to him, or for the con-
demning any of his own Party, bis Majefty cannot in
Jtiflice and Honour agree thereunto.
As to all other Perfons mentioned in your Proportion,
his MajeJJy will farther lonfent that theyfkall not fit or
vote as Members or AJJi/iants in either Houfes of Par-
Hament, nor continue to be of his MajeJIy' s Cvuncil,
Officers of State, er Judges, or in other Office, with-
cut Confent of both Houfes.
As for all Clergymen, ffgainjl whom fcandalous Life
tqn be prayed, or other legal Charge, his MajeJIy will
r£mit them to the Law ; but for all others, who Jhall
conform to what his MajeJJy and his two Houfes fiall now
agree upsn, his MajeJIy conceives it fit, where their Li-
vings are void, they may be reftoredto them ; and where
any other is Incumbent in any of their Preferments, that
the Party now outed of his Living, may receive a third
Part of the Profits for his Maintenance, untill he be
ctherwife preferred ; that thus the one may not want a
Livelihood, nor the other be outed of any Living, untill
fome fitting Preferment be found for either.
And to all other Particulars his Majejly adheres to hit
former Anfwers of the i jth of O6lober,
The fecond Paper, dated the 25th of November,
imported, that the Conimiffioners having delivered
to the King the Vote of the joth of that Month,
concerning New Delinquents, his Majefty returned
the following Anfwer :
Newport, Nov. 25, 1648.
CHARLES £.
J?OR a final Anfwer to you, as to ysvr Pap.r of
•*• the 2$th of this Mmth, concerning fuch Pct-
fons as have engaged in the late War, face Janu iry
1647, his Majpfty faith, Thai he will give way thai
the Perfons intended in this Proportion may com-
•S 2
276 The Parliamentary HISTORY
An. 24 Car. 1. pound for their EJlates, as they and the two Houfes
1648. Jball agree ; and leaves the Rates and Propyrtioris
December for f^e ^°mp°fltlon to fuc^ Agreement, defiring tbay
may be moderate.
The next Paper recited the Vote of the loth of
November, declaring his Majefty's Anfwer of the
i ^th, concerning the Marquis of Ormond, unfa-
tisfactory, which produced the two following
Papers :
His MAJESTY'S Final ANSWER concerning the
Marquis of ORMOND.
CHARLES R. NewPort> Nov- 25> 'M<
TfO R a final Anfwer as to your Paper of the 25/4
•*• Injlant, concerning the Proceedings of the Lord
Ormond in Ireland, his Mnjejly faith, 'That he well
hoped that by this 'Time fuch a happy Conclujion of
this Treaty would have been made, thai, by his for-
mer Anfwers, his two Houfes might have obtained
•what they dejired in this Particular * But offering
himfelf that his large ConceJJions in this Treaty will,
ere long, be the Foundation of a tleffed Peace^ his
Majejly, to manifejl the CleaTncfs of his Intentions
in that Matter, and to give his two ffoufes Satif-
faflion, hath written, and delivers herewith unto
you, his Letter to the Marquis of Ormond, ac-
quainting him with fuch Informations as he hath re-*
tei"Jed fr'om the two Houfes concerning his Proceed-
ings in that Kingdom, and requiring him to defift
from any farther Profecuticn of the fame ; and, in
cafe he Jhall refufe, his Majfjly will then make fuch
public Declaration aga'mjl his Power and Proceedings
as is defire'd*
His MAJESTY'S LETTER to the Marquis of OR
MOND, requiring him to defift from any further
Proceedings in Ireland.
CHARLES R.
TTfHereas rue have received feveral Informations
** fre?n sur two Honfes of Parliament concerning
ycur Proceedings with thz Confederate Roman
^ENGLAND. ^ 277
tholics in the Kingdom 0/~ Ireland, the f eve ra I Votes and An. *4 car.T.
Extracts whereof we do herewith tranfmit to you : And t I468>
forafmuch as we are now engaged in a Treaty of Peace
with our two Houfes, wherein we have made fuch large
ConceJJions as we hope will prove the Foundation of a
bleffed Peace ; and having by one Article^ if the f aid
Treaty take Effett, promifed to intrujl the Projecu-
tion and Management of the Irifh War in Ireland tq
the Guidance and Advice of our two Honfes, we have
therefore thought Jit hereby to require you to defift from
any farther Proceedings upon the Matters contained
in the faid Papers ; and we expcfl fuch Obedience
unto this our Command, that our two Houfes Dejlre
may be fully fatisfied.
Given at Newport in the Ifle of JFight, the 251!!
of November , in the 24th Year of our Reign.
The fourth Paper informed the Houfe, That on
the 2yth of November, the King gave the following
Anfwer to the Commiffioners, upon their prefenting
to him the Propofition agreed on by both^ Houfes
on the 22d, concerning Scotland ;
Newport, Nov. 27, 1648.
CHARLES R.
R a final Anfiucr to you as to your Paper of
the zytb of November Injlant, concerning Scot-
land, his MajeJIy faith, That tbo' he finds by your
CommiJJion^ and Paper delivered together with it at
the optning of the Treaty^ that you are confined to
treat concerning the Kingdoms of England and Ire-
land only ; fo as to this Proportion hit MajejJy con-
ceives that ysu have no Qualification to treat with
him : Yet hit AlajfJJy^ for the Satisfaction of his two
fJvuffSy will confent to confirm^ by Afl of Parlia-
ment', juch Agreement as Jhall be made by both Houfes
for the Security of all thofe of the Kingdom of Scot-
land who have affi/fctl or adhered unto the two Hattfcs
of the Parliament of England. And his Alajejly
will be nwjl willing to join in any Agreement ^ to be
confirmed by Aft ef Parliament, for the fettling find
'fffferying a happy and durable Peace betwixt the
S 3 two
278 W* Parliamentary HISTORY
An. 14 Car. I. two Nations, and for the mutual Defence each of
l64-S- other under his Majejiy's Government, as King of
The laft Paper contained the King's Reply to '
the Commiffioners, when they laid before him the
Vote of the 24th of November, That his Anfwer of
the 2ift, concerning the Church, was unfatisfac-
tory in all its Parts, except wherein he had agreed
with the Parliament in their Propofition upon that
Subjea.
Newport, Nov. 27, 1648.
CHARLES R.
TfO R a final Anfwer to you as to your Paper of the
•*• 27 th of November /«/?. concerning the Church,
bis Majejly faith, That after fuch Condefcentions, and
well-weigh d Refolutions, in the Bufmefs of the
Church, he did not axpefl to be farther preffed there-
in : It is his "Judgment and Conference that he can-
not, as he (lands yet informed, abolijh Epifcopacy out of
the Church.
Yet becaufe he apprehends how fatal new Diflr ac-
tions may be t3 this Kingdom, and that he believes
his two Houfes will yield to Truth if it Jhall be mani-
fefled to them, as he hath ajfured them he will comply
with them if convinced, his Majejly doth again dffere
that there be a Confultation of Divines as he hath
formerly propofed : And his Majejly will fufp end the
Epifcopal Power, as well in point of Ordination of
Minijlers as that of yurifdiftion, untill he and his
two Houfes agree what Government Jhall be ejlablijhed
in the future.
As for the Bijhops Lands ; tho* he cannot confent
to the abfolute Alienation of them from the Church,
yet he will agree that the Property and Inheritance of
them Jhall, by Aft of Parliament, le fettled in th-e
Crown, to be declared in Truji for the Uje of the
Church and Churchmen, to be employed by his Ma-
jefty-, his Heirs and SucceJJors, with the Advice of
his two Houfes for jhc Ujcs aforefaid\ and that
Leafes Jhall be made for Lives or Years, not exceed-
ing ninety-Nine Years, for tbe Satisfaction of the
Pur-
rf ENGLAND. 279
Purchasers and Contraflors, according to bis former An. 24 c»r. ti
Anfwers, referring the old Rents, or other moderate
Rents, for the Maintenance of tkofe to -whom they
did formerly belong, and for the future Benefit of
the Church.
And in all Things elfe his Majejly refers bimfelf if
his former Anfwers.
After reading this long Report the Lords ordered
the Thanks of their Houfe to be given to the Gom-
jnifiioners for their great Care and Pains in the
Treaty ; that a Copy be taken of the King's Letr
ter to the Marquis of Ormond, and then the Origi-
nal to be fent to the Houfe of Commons.
In Mr. Carte's Hi/lory of the Life of James
Duke of Ormond, we find Copies of the two
following Letters from the King to that Noble-
man (/; :
ORMONDE, Newport, O&. 10, 1648.
T ESTyou might be mijled by falfe Rumours, /Aaz/^
*r* thought fit by this to tell you my true Condition: / ter? from the
ant here in a Treaty, but fucb a one, as if I yield not <*
all that is propofed to me, I mujl be a clofe Prifoner,
being Jlill under Rejlraint : Wherefore I mujl commend
you two Things -t fir/I, To obey all my Wifes Commands ;
then not to obey any public Command of mine, until! I
fend you Word that J am free from Rejlraint. La/ily,
Be not jlartled at my great ConceJJions concerning ire-
land, for that they will come to nothing. This is all at
this Time from
Your moft real, faithful, conftantFricnd,
CHARLES R.
ORMONDE, Newport, Oct. 28, 1648.
I Hope before this mine of the tenth of this
Month luill have come to your Hands. I fent
it by the Way of France. This is not only to CON-
S 4 firm
(f) Appendix to his Second Volume, p. 17-
2 So ffie Parliamentary HISTORY
An. a+Cw.l.ygrm tjje Contents of that , but alfo to approve of certain
_ t Commands to you \ likewife to command you to profecute
* Decembir. f* 'ta/» Injlrutlions, until! I Jhall^ under my oiun tfand,
glue you other Commands. And though you will hear
that this Treaty is near, or at leajl mojl likely^ to be
concluded, yet believe it not\ but purfue the Way you
are in with all pojjible Vigour. Deliver alfo that my
Command to all your Friends ; but not in a public Way,
becaufe otherwise it may be inconvenient to me, and
particularly to Inchequin. Sot being confident of
your punfiual Obfervance of tbefe my Directions, f
rejl
Your moft real, faithful, conflant Friend,
CHARLES R.
How far thefe two Letters from the King are
reconcileable with his Majefty's Anfwer, of the firft
of November, to the CommiiTioners Paper of that
Day, wherein he declared (g), Thatfmce the Votes,
paffed in the Beginning of Augujt, for opening a
Treaty with the Parliament, he had not tranf-
cled any Affairs concerning that Kingdom but
xvith thofe Commiffioners ; or how far thefe pri-
vate Inftrudtions are confident with the foregoing
public Letter for the Marquis, delivered to the
Commiffioners on the 25th, we leave to the
Reader's Judgment: And proceed to obferve that
the Houfe of Lords, after reading the laft Report
concerning the Treaty, ordered, That their Com-
miffioners do meet and perufe all the Papers rela-
ing thereto, and ftate the Bufmefs, fo as it may be
more fit for the Confederation of the Houfes ; and
that the Commons be defired to give the like
Power
fg) In this Volume, p. 126, S ; alfo p. 53, 4. The Reader
•who would fee this Affair of the Irijb Treaty thoroughly dillufs'd,
may confult a Piece puoliflied in 1747, iiritulrd, sin Inquiry imo the
Share which AT/rj. Charles I. bad 'in the 'Tran faff ions of the Earl ef
Glamorgan, after-wards Maryuis of Woixrfier, for bringing over a
Bod:; oflrifh Rebels. ID aflift that King, in the Tears 1645 and 1646 ;
in "which Mr. Carte's iwperfetl sicccm--! of that A+Jtiir, ai,J Us Ufe
of the MSS. f&Ktiri sf tie Pcf:'; Nu::--;s, P.:.ii:cc.:ii, tr: itrt'itnij'.y
^ENGLAND. 281
Power to their Members, that were Commiifioners, An. 24 Car. I.
U> meet with the Lords for that Purpofe. *642' M
December*
In Romans Edition of the King's Works we
meet with the following Speech made by hu Ma-
jefty, at taking Leave of the Commiilioners.
My Lords,
y*O U are come to take your Leave of me, and I ^js \jaiefly'»
^ believe we Jhall fcarce ever fee each other drain ; Speech to the
but God's Will be done. 1 thank GW, / have made ^J^JJJ
iny Peace with him, and Jhall y without Fear, under- Leave cf him.
go what he Jhall be pleaded to fiffir Men to do unto
me,
My Lords, you cannot but know that, in my Fall
and Ruin, you fee your own, and that alfo near to
you. I pray God fend you better Friends than I have
I am fully informed/ of the whole Carriage of- tie
Plat agalnjl me and mine ; and nothing fo much af-
ftifts me, as the Scnfe and Feeling I have of the
Sufferings of my Subjects and the 'Adiferies that
hang over my three Kingdoms, drawn upon them by
thofe who, upon Pretences of Public Goody violently
p'irfue their nvn Intercjls and Ends.
The fame Authority informs us, That when the
Army's Remonftrance, of the 2oth of laft Month,
was read to the King, his Majeity thereupon put
the following Queries.
I. TT/'Hdher this Remonflrance be agreeable to the Hj, g^a^ on
' former Declarations of the Army ; and, //"Occafion of th«
not, whether the Parliament would make good their Army's Iar6':
Votes, that, after he had consented to ivhat they defereel, Rc ""''
he Jh'juld hi in a Capacity of Honour, Freedom^ and
Safety ?
2. Whether his Acknowledgement of the Blood that
hath beenfpilt in the late IVar (nothing being as yet ab~
Jolutely concluded or binding} could be urged fo far as
to be made Ufe of by icay of Evidence ayainji him or
any of his Party %
3. Itltthr
282 The Parliamentary HISTORY
An. 24 Car. I. 3. Whether the Arguments that he^ hath ufed in a.
>">4i- free and per fonal Treaty, to leffen or extenuate, and
* December ovoid the Exaftnefs of any of the Conditions, tho' in
Manner and Form only, might be charged againji him
as an Aft of Qbftinacy or wilful Perjiftence in what if
alledged againji him, or that he goes on in a dejlruflivt
Courfe of Enmity againji the People and the Laws of
the Land, when he hath declared that his Confcience
was unfatisfied concerning divers Particulars in the
Proportions ?
4. JVnereas, by the Letter of the Law, all Perfons
charged to offend againji the Law ought to be tried
by their Peers or Equals ; what the Law is, if the
Perfon queftioued is without a Peer ? And if the
Law (which of it f elf is but a dead Letter) feems ta
condem him, by what Power foall Judgment be
given, and who Jhall give it ? Or from whence Jhall
the Adminijirators of fuch Judgment derive their
Power, which may, by the fame Law, be deeme
the fupreme Power or Authority of the M.agiftracy in
the Kingdom?
Lord Clarendon^ after giving an Abftra& of the
Proceedings upon the Treaty, writes (b), * That the
King had begun a Letter to the Prince his Son,
before the firft forty Days appointed for that Pur-
pofe were expired ; and continued it, as the Term
thereof was lengthened, even to the Hour it was
concluded ; and that his Majefty nnifhed this Let-
ter the 29th of November, after the Commiflioners
were departed 9 that with this he fent a very exact
Copy of all the Papers which had pafled in the
Treaty, in the Order in which they were pafled,
fairly engrofled by one of the Clerks who attended;
but the Letter itfelf was all in his own Hand, and
contained above fix Sheets of Paper ; in which he
made a very particular Relation of all the Motives
pnd Reafuns which had prevailed with him, or over
him, to make thofe Conceffions ; out of which
molt of hi^i Lordfhip's Relation was extracted.' He
< then
(b) Hijlory, Vol. V. p. «8.
of E N G L AN D. 283
then proceeds to inform us, ' That the major Part An. 24 Car. I,
of both Houfes of Parliament was, at that Time, t__1.< '_ r
fo far from defiring the Execution of all thofe Con- December,
ceffions, that, if they had been able to have reiift-
ed the wild Fury of the Army, they would have,
themfelves, been Suitors to have declined the great-
eft Part of them. But that which feem'd to af-
flict the King moft, next to what referred to the
Church and Religion, and which, he fatd, had a
large Share in his confcientious Confiderations, was
the hard Meafure his Friends were fubjected to;
for whofe Intereft, he did verily believe, he fhould
better provide in the Execution of the Treaty,
than he had been able to do in the Preliminaries ;
* For, he faid, he could not but think that all who
* were willing he fhould continue their King, and
' to live under his Government, would be far from
' defiring, in the Conclufion, to leave fo foul a
* Brand upon his Party, of which they would all
' defire to be accounted for the Time to come.
' However, he hoped that all his Friends would
* confidcr, not what he had fubmitted to, but how
e much he had endeavoured to relieve them from ;'
and conjured the Prince his Son, * that the lefs he had
1 been able himfclf to do for them, the more, if God
r blefTcd him, he fhould acknowledge and fupply.'
He faid, l He would willingly forget in how high
' a Degree fome Subjects had been difloyal, but
« never had Prince a Tcftimony in others of more
' Loyalty than he had had ; and however that God,
' for their and his Punifhment, had not blefs'd fome
* of their Endeavours, yet, he faid, more mifguid-
* ed Perfons were at laft reduced to their Loyalty,
' than could in any Story be exampled ; and that,
' by that, Subjects might learn how dangerous the
' Neglect of fea fon able Duty is ; and that Men
* cannot eafily Ex, when they pleafe, what they
* have unnecellarily fhaken.' His Lordfhip adds,
* That the Conclufion of this Letter, as it was
dated the 25th of November (what was added to
it after, till the 29th, being but the additional Paf-
foges upon the Enlargement of Time) dcfcrves to
be
284 *fbe Parliamentary HISTORY
An. 3.4. Car. I. be preferv'd in Letters of Gold, and gives thQ be$
'648t , Character of that excellent Prince j which was in.
December, thefc Words (h}.
SON, Newport, Nov. 29, 1648.
And his Letter 73 Y what hath been f aid, you may fee how long we
to the Prince of D }javs laboured in the Search of Peace : Do net
Se TiSJ! ,y°u be difoeartened to tread In the fame Steps. Ufe all
worthy Means to re/tore yourfelf to your Right , but
prefer the Way of Peace. Shew the Greatnefs of your
Mind, [if God blefs you, and let us comfort you
with that which is our own Comfort, that tho' Afflic-
tion may make us pafs under the Cenfures of Men,
yet we look upon it fo, as if it procure not, by God's
Mercy, to us a Deliverance, it will to you a Blefling]
rather to conquer your Enemies by pardoning, than
by punifoing them. If you faw how unmanly and
unchriftian this implacable Difpofition is in our
Ill-wijhers, you would avoid that Spirit. Cenfure
us not for having parted with fo much of our own
Right j the Price was great, the Commodity was Se-
curity to us, Peace to our People ; And we were con-
fident another Parliament would remember how ufeful
a Kings Power is to a People's Liberty, and of how
much thereof we divejled ourfelf, that we and they
might meet again in a Parliamentary way, to agree
the Bounds of Prince and People. And in this give
Belief to cur Experience, never to affetl more Great"
nefs or Prerogative than what is really and intrin-
jically for the Good of your Subjects, not the Satisfac-
tion of Favourites. And if you thus ufe it, you will
never want Means to be a Father to all, and a bounti"
ful Prince to any you would be extraordinarily graci-
ous unto. Ton may perceive all Men irujl their Trea-
fure where it returns them Inter eft : And if Princes,
like the Sea, receive and repay all the frejh Streams,
the Rivers intru/l tbem with, they will not grudge,
but
(b) The Conclufion of this Letter, but nothing more, is printed in
Royftont Edition cf the Kir.g"i Wtrh, p. 351, in which the Paf-
fage in the Reman Character is omitted : But.th eript here five
is taken from thence, it not being in Lord Clarendon. There are alfft
fome fmall Variations, not worth particularizing, which will appear
f ) the more critical Reader upon Companion,
of ENGLAND. 28;
lut pride themfehes, to make them up an Ocean. An. 24 Car. I-
Thefe Confederations may make ysu as great a Prince, t *64 t
as your Father is now a low one ; and your State December.
may be fo much the more eftablijhed, as mine hath
teen ftaken. For our Subjects have learned, we dare
fay, that Victories over their Princes are but Tri-
umphs over themselves, and fo will be more unwil-
ling to hearken to Changes hereafter. The Englifh
Nation are a fober People, however at prefent un->
der feme Infatuation. We know not but this may
be the laft Time we may fpeak to you or the World
publickly : We are fenjlble into what Hands we are
fallen ; and yet we blefs God we have thofe inward
Refre/hments that the Malice of our Enemies cannot
perturb. We have learned to know ourfclf by reti~
ring into ourfelf, and therefore can the better digejl
what befalls us, not doubting but God can reflrain
our Enemies Malice, and turn their Fiercenefs untf
bis Praife. •
To conclude : If God give you Succefs, ufe it humbly
end far from Revenge: If be rejlore you to your
Right upon hard Conditions, whatever you promife,
keep. Thofe Men which have forced Laws which
they wer* bound to preferve, will find their Triumphs
full of Troubles. Do not think any Thing in this
World worth obtaining by foul and unjujl Means.
You are 'the Son of our Love ; and as we direct you
to weigh what we have recommended to you, fo we af-
fure you, we do not more affectionately pray for you,
i^to whom we are a natural Parent) than we do that
the anticnt Glory and Renown of this Nation be not
buried in Irreligion and fanatick Humour ; and that
all our Subjefts (to whom we are a politick Parent)
may have fuch fober Thoughts, as to feek their Peace
in the orthedox Profrffton of the Chrijlian Religion,
as it was ejiablijhed fence the Reformation in this
Kingdom, and not in new Revelations ; and that tbf
anticnt Laws, with the Interpretation according te
ihe known Practice, may once again be an Hedge abrut
them, that you may in due Time govern, and they be
as in th: Fear of God* p n
286 The Parliamentary H I s t o R Y
An. 24. Car. I. P. S. "The Commijfioners are gone, the Corn is notJD
. l6**' t in the Ground, We expett the Harwtfl ; if the Fruit
Dminber ^e P£ace-> w* b°Pe the God of Peace will in Time re duct
all to Truth and Order again , which that he may do,
it the Prayer of C R
Thus much by way of Illuftration.— — Return
we now to fee the Refult of this tedious Treaty iri
the Houe of Commons, the Report of which was
made there the fame Day by Mr. Denzil Holies,
as in the Houfe of Lords by the Earl of Northum-
berland.
Debate in the The firft Step was, that the Commons ordered
Houfe of Com. their Speaker to return their Thanks to Lord Wen-
mons, ™jje^er man, Mr. Holies, Mr. Pierepoint^ and Mr. Crew*
Anfwer* were tnen prefent, for their great, good, and very faith-
ful Services to the Parliament and Kingdom in that
Employment. After which the Houfe proceeded
to take into Confideration the King's Anfwers,
which being exclaimed againft by fome Members
as unfatisfa&ory, Mr. Nathaniel Fiennes argued,
4 That the King had done enough to fecure Reli-
gion, Laws, and Liberties, in granting the Mi-
litia, refigning up himfelf and all Affairs of State!
to the Diicretion of both Houfes, and yielding to
abolifti whatfoever was offenfive in the Govern-
ment of the Church ; and that thefe Things being
provided for, which were the only Things which
the Parliament had fo often declared to be the
Ground of their Quarrel, his Majefty muft needs
have given fufficient Satisfaction. As for Delin-
quents, he faid, his Majefty had offered reafon-
ably, that they might be left to the Law ; and hot
himfelf prefled to fuch a difhonourable Inconve-*
nience as to condemn them by his Confent in an
illegal, extraordinary, arbitrary Way; forafmuch,
as in ordinary Conftruclion, it muft be prefumed,
that when the Houfes engaged to bring Delin-
quents to Punifhment, it was not meant in an ar-
bitrary Way, but according to the Laws of the
Land, againft which they had offended. As con-
cerning
of E N G L A N D. 287
cerning the BUhops, hefaid, the King had granted An. a4.Car. i.
all in effect that was defired, and intended not to
fet up Biihops again, except his Hoafes, at the
three Years End, did agree to it, which amounted
to as much as putting; them down for ever } and to
refufe fo fair an Offer, were to betray the Weak-
nefs of the Prejfoyterian Caufe, in the Opinion of
the World, 'as if it would not endure the Teft of a
Three Years Trial.'
Mr. Fiennes being about to proceed to other
Particulars, Mr. Harvey interrupted him, faying,
* That the Purchafers and Contractors would not
be contented with Leafes for ninety-nine Years,
and therefore the King had not given Satisfaction
about Bifhops Lands.' To which another Msm-
ber immediately replied, ' That he hoped Mr.
Harvey 's Intereft in Fulbam (d), and that of fuch
others as himfelf fhould not be refpected before the
Public Peace and Welfare of the Kingdom, which
could not be effected but by an Accord with his
Majefty.'
After this it was refolved, by a Majority of 133 The Confutrst-
fcgainft 102, upon the previous Queftion, to ad- tion of which i*
journ the Confideration, « How far the King's An- a<*journ'd.
fwers to the Proportions of Peace were fatisfactory
or not,' till the next Morning.
The firft of this Month was a very long Day in The Sheriffs of
Parliament; for, befides reading all the Report Lwidon c°m?tt-
f i s~\ tff r i -V* i 01 mcate to thei M-
From tns Lommimoners for the 1 reaty, the bhe^ ijainent.
rifTs of the City of London attended both Houfes to
inform them, That the Lord Mayor, having call'd
a Common Council that Morning, did communi-
cate a Letter to them, which he received from the
Lord -General the Night before, by a Trumpeter,
as he was going about the City, according to ufunl
Courfe, to view the Watches, which they thought
of fo great Concernment as to have both Houfes of
Parliament acquainted therewith j and to receive
their
(d) Alluding to Mr. Harvey's having pnrchafed the Biffiopof Li*~
Jtn'i Palace at b'uli>jmt of wh.eh he %NJ:- ihca ia I'oilclliju.
4
288 tf 'be Parliamentary HISTORY
A«i. H Car. I. their Dire&ions touching the fame, before they
^ gave any Anfwer ; and that the Common Council
December ^ad refolved to fit again at Two that Afternoon, to'
receive the Refolutions of both Houfes thereupon.
The Letter read was as follows :
To the Right Honourable the LOR O MAYOR,
ALDERMEN, and COMMON C o u N c i L of
the City of London.
Windfor, N<?u. 30, 1648.
My Lord and Gentlemen?
A LeHer from * F)EING upon ah immediate Advance with
Lord Fairfax, gi- c |) t^e Army towards London* we thought eood
vine Notice of ... / - T . ' r S- i
the Army's Ad- hereby to give you Notice thereof. For the
vance towards c Ground and Neceffity leading us hereunto, we
thcC!t>''andde.'e refer you to our late Rerrionftrance, and to our
mandmg 40000!. . J _^ , . 7f T
immediately. »ater Declaration, concerning the fame. We
* have only this further to add, that as we are far
c from the lead Thoughts of Plunder, or other
' Wrong, to your City, or any other Places ad-
' joining, which we hope your former Experience of
* us will give you Caufe enough to credit us in ; fo$
' for the better Prevention of any Diforder in the
* Soldiery, or of any Abufe or Inconvenience to
1 the Inhabitants in quartering of the Soldiery at
' private Houfes, we earneftly defire that you would
* take a prefent Courfe for the Supply of Money to
* pay thofe Forces while we (hall be neceffitated
' to flay there ; upon which, we a flu re you, we
* fhall fo difpofe of them into great and void Houfes
* about the City, as much as may be poflible, as
* that few or none of the Inhabitants fhall be trou-
* bled with quartering of any Soldiers at all ; and
* for this Purpofe we defire that 40,0007. may be
* forthwith provided upon the Security of our Ar-
' rears, to be ready to be paid out to the Forces
* To-morrow Night, if poflible ; and we (hall be
' ready to receive from you any Intimation for the
* further Prevention of Hurt or Inconvenience to
* the City in this Bufmefs. I remain
Tmr nwjl offured Friend and Servant,
FAIP.FAX.
The
*f ENGLAND. 2fy
The following Anfwer was given by the Lords An. 24 Car. i.
to the Sheriffs : ' The Lords return Thanks to the l648<
Lord Mayor, Aldermen, and Common Council, ' December.
for their Refpedr. (hewed to that Houfe ; and as to
the 40,000 /. mentioned to be fecured upon Ar- The Anfwer of
rears to the Army from the City, the Lords leave both Houfcsw
it to themfelves to do therein as they {hall think the Citizeni.
moft fit for preventing of Inconveniences.'
But that of the Commons was much more ex-
plicit :
Mr. Sheriff^ and the reft of you Gentlemen of the
City,
« The Houfe has taken your Bufinefs into feri-
ous Confideration, and 'have had long Debate
thereupon ; and have refolved to fend a Letter
to the General from this Houfe : And that you
forthwith provide 40,000 /. of the Arrears, dire
by the City to the Army, upon Security of the
faid Arrears, and the Refulue with all the Speed
you can : And the Houfe doth give you Leave to
addrefs yourfelves to the General, by Committee,
Letter, or otherwife, as you (hall think fit.'
In confequence of thefe Anfwers from the Parlia-
ment, the City ordered a Committee from the Com-
jjion Council to wait upon the Lord-General with a
Letter, pomifmg Payment of the Sum demanded^
or the moft Part of it, the next Day ; and defiring
that, in the mean Time, no Violence or Injury
might be done to the Citizens.
The Houfe of Commons alfo or lered a Letter to T{ie common,
be written to the General on this Occafion, which Wrhe to the Ge-
ls not entered in the Journals ; yet, by the Coritem- neral to ftop his
porary Writers, it appears that the Purport of il
was to forbid his Lordfhip's nearer Approach to-
wards London: But while the Committee were
preparing this Letter, the Houfe was informed that
the Army were advanced (ac:ording totheThrc
of their lad Remonftrance, Numbers, of printed
Copies whereof they difperfcd upon their Mjrch)
within a Mile of IVeftminfte r ; that they had
VOL. XVIII. T planted
296 'The Parliamentary HISTORY
An. a4 Car. I. planted Guards at Hide-Park Corner, cut down
v I jfl__/ Trees, levelled the Inclofure, and laid it in corn-
December rnon. Hereupon a Motion was made for adding
a Claufe to the Letter, That the Army's Approach
was derogatory to the Freedom of Parliament ;
but it paffed in the Negative by 44 againft 33.
This very extraordinary Refolution is imputed to
the Cowardice of fome Members, and the felf-
Jnterefted Views of others, who fided with the
Army in hopes of fecuring themfelves from giving
an Account of the Public Money, which had
pafTed through their Hands.
Dec. 2. The Commons refolved that the Horfe-
Gunrds attending both Houfes, do remove their
Quarters : But at the fame Time voted them
Thanks for their faithful Services, and ordered the
Payment of their Arrears.
Tfie Commons Then, according to the Order of the Day be-
?derTd«ofS* iorCy the Houfe refumed the Confutation of the
King's Anfwers. Queftian, How far the King's Anfwers to the Pro-
pohtions were or were not, fatisfactory. The
Debate hereon was opened by Sir Henry Vane^ jun.
who faid, 6 Mr. Speaker, We may do well now to
confuler the King's laft Anfwer upon the Treaty j
for, by the Debate, we (hall foon guefs who are
our Friends, and who our Enemies ; or, to
(peak more plainly, we {hall underftand by the
Carnage of this Bufmefs, who are the King's Party
in the Houfe, and who for the People.' He then
pioceeded to put them In Mind, 4 That they had
been diverted from their old fettled Refolution and
Declaration, of making no more Addrefles to the
King, fmce which the Kingdom had been go-
ven/d in great Peace, and begun to tafte the Sweets
ot that Republican Government which they in-
tended and begun to eftablifh ; when, by a Combi-
nation between the City of London and an ill-
affected Party in Scotland, with fome fmall con-
temptible Infurreclions in England, all which were
fomented by the City, the Houfes had, by Cla-
mour and Noife, been compelled to reverfe their
former
of E N G L A 0. 291
former Votes and Refolutions, and enter into a An- 24 ran !
Perfonal Treaty with the King;, with whom they .^
had not been able to prevail, notwithftandirtg the ' December*
low Condition he was in, to give them any Secu-
rity ; but he had ftill referved a Power in himfelf,
or at leaft to his Poftcrity, to exercife as tyrannical a.
Government as he had formerly done : That all the
Infurre&iQn^ which had fo terrified them were now
totally fubdued, and the principal Authors and A-
bettors of them in their Cuftody, and ready to bs
brought to Juftice, if they pleafed to direct and ap-
point it : That their Enemies in Scitland were re-
duced, and that Kingdom entirely devoted to a firrh
and good Correspondence with their Brethren, the
Parliament of England; fo that there was nothing
wanting but their own Confsnt an J Refolution, to
make themfelves the happieft Nation and People
it>the World; and to that Purpofe he defired
they might, without any more Lofs of Time, re-
turn to their former Refolution of making no more
Addrefles to the King j but proceed to the fettling
the Government without him, and to the fevere
Punimmem of thofe who had difturbed their Peace
and Quiet, in fuch an exemplary Manner as might
terrify all other Men for the future from making
the like bold Attempts ; which, he told them, they
mieht fee would be moft grateful to their Army,
which had merited fo much from them by the Re-
monftrance they had fo lately publifhed.'
To this it was replied by another Gentleman,
* Mr. Speaker, Since this Gentleman hath had the
Prefurnpiion to deal thus by way of Prevention in a
threatening Manner, and forejudged and divided the
Houfe into two Parts$ I hope it is as lawful for me
r<> t;ike the fame Liberty in dividing the Houfo
like wife into two Parts upon this Debate. Mr.
Speaker, you will find fomc that are dcfirous of a
Peace and Settlement^ and thofe are fuch as have
!oft by the War ; others you will find that are a-
gainfr. Peace, and thofe are fuch as have gained by
the War: Mv humble Motion therefore is, That
the Gainer? may contribute to the Lo'l-r^ tluxt we
T 2 may
292 Tfo Parliamentary HISTORY
An. *4 Car. I. may all be brought to an equal Degree j for, till
l648- then, the Balance of the Commonwealth will never
December ftand right toward a Settlement (a).'
The Debate continuing till Four in the After-
noon, it was prefled very earneftly by Mr. Pri-
deaux, Sir Thomas Wroth , Sir Peter Wentivortb^
2nd others of the Independent Party, that the Houfe
Would come to fome fpeedy Refolution upon the
King's laft Anfwers : But Mr. Prynne infifted ' That
the Confideration thereof ought to be laid afide till
they were a free Parliament ; for that their Debates
could not be with due Liberty, now that they were
environ'd by the Army.' To which Mr. Richard
Norton anfwcrcd, * Take Heed what you fay
againft the Army, for they are refolved to have a
free Parliament to debate the King's Anfwer, if we
refufe ; and therefore my Motion -is, Mr. Speaker,
that Candles may be lighted, and that we proceed
to debate it.' Upon which another Member faid,
* Mr. Speaker, I perceive very well that the Drift
of fome Gentlemen is to take Advantage not only
of the Terror now brought on us by the prefent
Approach of the Army, but alfo to fpin out the
Debate of this Buhnefs to an unfeafcnable Time
of Night, by which Means the more antient Mem-
Whichisafe^ ^ers Qf tne f|oufe (whom they look upon as moft
journed without inclined to Peace) will be tired out, and forced to
coming to any depart, before we can come to a Refolution ; and
Refolution, therefore I hope the Houfe will not agr«e to this
laft Propofal.' Then the Queftion being put upon
the Motion for Candles, it was carried in the Ne-
gative
(a} The Authors of The Hi/lory of Indcpennency and of Mercitrius
Pragmatictir obferve that this Reflection fiienced Sir Henry Vanc^
which they account for thus: ' True Jefts bite fore: The Two
;^j»« oppofed Peace, left, the King's Revenue being reftored, they
ihould lofe a good Trade there; the. Father being Chairman of
that Committe, the Son Treafurer ; they pet conftantly above
6000 /. per Annum between them, betides private Cheats, by pay-
ing half Debts and taking Acquittances for the whole, and thtn
difcounting for the whole ; buying in old fleeping Penfions for
Trifles, that have not been paid in many Years, and paying them-
felves all Arrears.*— —Lord Clarendons Account of the. Debates
n Parliament, about this Time, feem to have been taken from one
or both f thefe Authors ; and are, in fevetal Inftances, the fame in
Terminis*
^ENGLAND. 293
gative, by 132 againft io2j and the Houfe aJ- An. 24 Car. !•
journed till Mcnaay without coming to any Refo- t l648' >
lution upon the Treaty. iSr^rT
This Day, alfo, Dec. 2, the Lord-General Fair- j^rf Fairfax and
fax took up his Lodgings at Whitehall) attended by his Army march
fix Regiments of Horfe and four of Foot, which ^° Weftro*-
were quartered at St. James's, the Mews, York-
Houfe, and other great vacant Houfes in the Skirts
of the City, and in the adjacent Villages.
Dec. 4. The Commons being aflembled accord-
ing to Adjournment, they received News of" the
King's being removed from Newport to Hurfl-
Caflle (b], the Particulars of which appeared in the
following Letter to the Speaker of the Houfe of
Commons, from Major Rolp, Capt. Bovtjerman,
and Capt. Howes, whom Col. Hammond had de-
puted to take the Charge of the King's Perfon in
the Ifle of Wiglyt, whilft he was gone to wait upon
the Lord Fairfax at Windfor.
Carijbrooke Co/lie, Dec. i, 1648.
Right Honourable,
YEfterday there came into the Ifle fome Of- The King remo.
ficers of the Army, viz. Lieutenant- Colo- vcdto Hurft-
nel Cebbett and Capt. Merrpnan, with Inftruc- ^^J^
tions from the General and Council of War, di- COU
rec~ted to themfelves and the Comm mder in Chief
here, forthwith to fecure the Perfon of the King in
CariJbrooke-Caftle, as before the Treaty, 'till they
fhould receive fbme Refolution from the Houfe
upon their late Remonftrance : And they under-
ftanding the Management of the Affairs of this
Ifland was committed by Col. Hammond to our-
felves, or any two of us, they acquainted us with
their Inftruftions, defiring our Concurrence with
T 3 « them,
(b) A Block -houfe oftt of the Ifle of Wight, ftsnding about a.
Mile and a Half in the Sea, upon a Beach full of Mud and link-
ing Oaze upon low Tides ; having no ficfii Water within two or
three Miles of it, hitter cold, and of a 'foggy and pefli'ent Air, Jo
noyfome that the Guards thereof were not .»ble to endure it lo'ig
without Shifting their Quarters.
lli/l»y of lnJ<ftndcrc\t Part II. p. *;
294 tfbe Parliamentary. HISTORY
r..z4 Car. I. : them,. that fo the prcfent Work, intended by
1648. c them> iru»ht with leG Difficulty be accompliftied,
D "cember * While we were in Debate of thefe Things,
6 there came in a Mcflenger from the General, with
4 an Order under his Hand and Seal, directed to
* the Gentlemen, commanding them immediately
* to take the Perfon of the King into their Charge,
* and to remove him forthwith into Hurfl-Cajlie ^
' requiring us by Name, with all other Officers
' and Soldiers in the Ifle, to be aiding and affifting
* to them therein ; two of us, viz. Major Ralph,
* and Captain Howes, upon Sight of that Qrder,
* declared curfelves obliged not to difobey the Ge-
' neral's Commands, but conceived ourfelves bound
* to yield Obedience thereunto by our Commif-
* fions ; the other of us, viz. Captain Bo-Merman,
' declared his Judgment, That his Duty lay imme-
* diately to the Governor himfelf who had er-
* trufted him; and that contrary to thofe Inftruc-
* tions he could not acl ; neither was he of him-
* felf in a Capacity to oppofe them in that Service.
* Captain Howes being diflatisfied in the Action,
* manifefted his Unwillingnefs to join in it, and his
e Refolution neither cTirc&ly nor indirectly to op-
' pofe it ; but the Gentlemen, with the Concur-
* rence of the Army Forces here, and the Afilftance
e of a frefh Troop of' Horfe and one Company of
' Foot, which landed in the Night, in Purfuance
' of their Commands, very civilly made their Ad-
* dreiies to the King, according to another Order
* from the Lord-General, for his Ufage with all
f Civility and due Refpcft to his Perfon.
* Between five and fix o'Clock this Morning,
' * fome of the Gentlemen, who by the Parliament
* were appointed to attend on the King, acquainted
« his Majefty with the Oilers and" Inftru&ions
* they had in Charge from his Excellency the Lord -
4 General concerning him; who prefently- and
' quietly confented thereunto, and let forward in
* his Coach from Newport, at eight of the Clock
' this Morning, towards Hiirjl-Cajile, with Mr'.
* Harrii:gt'jn, Col. Herbert, and Captain MiUl-
of ENGLAND. 205
' may, and others of his Servants to attend him. An. 14. Car.
' And we do affure you that, in the whole Tranf-
' action of this great Affair, there neither was nor
* is the leaft Difturbance in this Ifle.
* Thus we have, with all Clearnefs an4 Faithful -
' nefs, given you a full and impartial Account of
c thefe late Proceedings here; and having fo done,
( we fubfcribe ourfelves.
Tour mojl humble Servants^
EDMUND ROLPH.
THO. BOWERMAN.
FRANCIS HOWES.
P. S. * Since the writing hereof, we have Intel-
* ligence that his Majefty is fafely arrived at Hurjl-
< Co/He.
This Letter being read, many Members fpake which t
againft the Infolency of this Fact, as being com- ™>ns vot,e to be
• i • n i T •/• /• i TJ-- » i TT ponewithout
mitted agamlt the Life of the King, and the Ho- their Knowledge
nour and public Faith of the Parliament, who had prCpnfent.
voted, He ffyould treat in Honour, Freedom, and
Safety, in Newport jn the Ifle of IVight \ and had
accepted his Word not to withdraw out of the Ifland
during the Treaty, nor in twenty Days after,
which were not yet expired ; and that now to have
the Houfes Debates foreftall'd, and the Treaty
fruftrated by fuch an A£t of Violence and Pre-
vention committed upon the Perfon of the King,
was a prefumptuous and rebellious A&. It was
therefore propofed to refolve, That the Removal
of the King out of the Ifle of Wight was without
the Knowledge of the Houfc ; and a Motion being
made to add, or Confent^ after the Word Know-
ledge^ it paflcd in the Affirmative, by 136 againft
102.
It appears upon the Authority of Col. Cooh,
(thro* whom Col. Hammind) Governor of the Ifle
of #%/;/, had upon all Occafions addrefs'd him- toefrapr, t
felf to the Kin* while under his Charge ; and who a.ppriz!d "'
i • c 1-1 & i r ;r • Army*iDe
r,-as continued in the fume Employmc|it by Major to ,vi',e y
T 4 -' -.
296 The Parliamentary HISTORY
»•$£*'*' Roiph during Col> fjammonffi Abfence) that his
.» Majsfty was inform 'd the Night before the Army
December, feiz'd upon him and remov'd him to Hurjl-Cajlle^
of their Intention to do fo; and that he then had
it in his Power to have made his Efcape, but ab-
folutely refufed to embrace the Opportunity, on
account of his Parole of Honour to the Parliament
pot to leave the Ifland till twenty Days after the
Treaty ended. All the Circumftances of this Affair
Col. Cooke drew up by way of Narrative, by Com-
mand of the King, with the Affiftance of the Duke
of Richmond and the Earl of Lindfey. This Piece
was firft publifhed in 1690, and is reprinted in Mr.
Rujhworth's Collections, for which Reafon we for-
3ear giving the whole at large ; but the felecr.ing
fome few of the moft remarkable Paflages will
not, we prcfume, be foreign to the Defign of this
Work, or deem'd an unfuitable Digreffion (c).
* The King having fent for the Duke of Rich-
mond, the Earl of Lindfey, and Col. Cooke to attend
. him, acquainted them that one of his Servants had
been fent for by a Perfon in a Kind of Difguife,
who having inform'd him that the Army would
that Night fi-i^e upon his Majefty's Perfon, ab-
ruptly left him. Hereupon the Lords advifed the
King to attempt an immediate Efcape; for he
would better bring about a Perfonal Treaty with
the Parliament, which he fo much coveted, when
out of the Pvcach of the Army, than when within
their Power ; and this would certainly fecure the
Safety of his Perfon, which elfe might very proba-
bly be much in Danger.
{ But before they could proceed to debate the
Manner of this Efcape, the King prevented it,
thus arguing againft the Efcape itfelf ; firft^ The
Dif-
(c) Printed for R. Ckifatll, at the Reft and Crown in St. Paufs
Church-yard, with a Preface, letting forth the Reaibns of its Pub-
lication.
In Sir Philip Jfrt:rzvick''s Mfrroirt, who was one of the King's
Attendants during the Treaty in the Ifle of Wigbt, there are a!fo
tnany remarkable and intercfting Particulars ; which, tho' rathe
k?iftorical tkan Parliamentary, dtl;r/'a Reference, p. 321 to 334.
^/ENGLAND. 297
Difficulties, if not Impoflibiliry, of accomplifhing An. 24 cnr.
it ; next) The Confequences, that in cafe he fhould l6<J-8>
mifcarry in the Attempt, it would exafperate the
Army, and difliearten his Friends ; and, Ififtly,
That if the Army fliould feize him, they muft pre-
ferve him for their own Sakes ; for that no Party
.could fecure their own Interefts without joining his
with it, his Son being now out of their Reach.
That the Earl of Lindfey replied, Take heed, Sir,
left you fall 'into fuch Hands as will ntt Jleer by fuck
Rules of Policy : Remember Hampton-Court, where
your Efcape was your left Security. The Duke of
Richmond adding, That he yet thought it feafible
enough j and afk'd Col. Cooks if he could pafs him
thro' the Guards ; who anfwered, He had the Word^
and made no jjhteftion but he could. At which the
Duke took a leaguer Cloak, without a Star, and
made the Colonel go along with him through the
Guards ; and fo returning again to the King, ac-
quainted him with what he had done, and with
what Eafe ; and thence took the Advantage again
to perfuade the King to attempt an Efcape.
The King preffing Col. Cooke to give him his
own Advice, he put this Queftion to his Majefty,
Suppofe I fhould not only tell your Majefly that the
Army will very fuddenly feize upon you, but, by
concurring Circumjlances, fully convince your Maje-
Jly it will be fo ; a/Jo that I have the Word, Horfes
ready at Pland, a Veffel attending at my Call, and
hourly expecting me i that I am ready, and defer ous,
to attend you, and this dark Night fuited as it were
to the Purpofe ; fo that I can forefee no vijible Dif-
ficulty in the Thing, which I fuppofe to be in all
Particulars the true State of the prcfent Cdfe ; the
only Quejlicn noiv is, What will ysur Majcfty re-
folve to do? The King, after a'fmall Paufe, pro-
nounced this pofitive Anfwer, They have prornifed
me, and I have promifcd them, I will not break jirjl.
To this Col. Cooke anfwered, 1 prcfume, Sir, your
Majfjly Intends by thefe Words^ they and them, the
Parliament ; if fe, the Scent is now quite altered,
ywr prefer. f dkprtbwfuns arifmg from ihe Arm^,
whs
The Parliamentary HISTORY
l'Vjho have fo far already violated the Votes of the Par-
liament, as to invade your Majeflys. Freedom and
Safety, by changing the Jingle Sentinel of State at the
outward Door intojlrong Guards on your very Bed-
Chamber ; which is in itfelf no better than Confine-
ment, and the probable Fore-runner offomething more,
a fpcedy abfolute Jmprifonment. The King replied,
Ne'er let that trouble you, ivere it greater, I would
rot break my Word to prevent it*
Thus far Col. Cooke. —
On the King's being carried away from New-
port, he delivered to one of his Servants the fol-
lowing Declaration concerning the Treaty, and
his Diflike of the Army's Proceedings, which he
commanded to be published for the Satisfaction of
his Subjects. It was accordingly printed, and we
give it from the Original Edition (h}.
large Pretences prove but the Shadow
of ™*k Performances, then the greatejl La-
way from New- hours produce the fmallejl Effects ; and -when a Pe-
&**• r'tod is put to a Work of great Concernment, all
Men's Ears do, as it were, hunger till they are fa-
tisfied in their Expectations. Hath not this dijlra£led
Nation groaned a long Time tinder the Burden of
Tyranny and OppreJJion ? And hath not all the Blood
that hath been fpilt ihcfe feven Years been caft upon
my Head, who am tht greatejl Sufferer, though the
lea/I guilty ? And was it not requijite to endeavour
the flopping of thai Flux, which, if not Jlopt, will
bring an abfolute Dejlrufiion on this Nation ? And
•what more fpeedy Way was there to compofe thofe
DiftraElions than by a Perfonal Treaty, being agreed
upon by my two Houfis of Parliament, .^nd conde-
(cended to by me ? And I might declare, that I con-
ceive it had been the bejl Phyfick, had not the Opera-
tion been hindered by the Interpofition of this impe-
rious Army, who were fo audacious as to Jlyle me,
(b) The PuWi/her's Name is not in the Tit'e Page ; but from
many Circumfianrep it appears to have been printed by Royjfcn, in
r.i.c'.e Edirjcfi of the King't l'/irk.i it is alfo infertei.
ef ENGLAND. 299
in their unparalleFd Remonftrance, their Capital Ene- An- 54 Car.
my. But let the World judge whether mine Endea- v * ' _,
vours have not been attended with Reality in this late December.
Treaty ; qnd whether I was not as ready to grant as
bey were to ajk : And yet all this is not Satis faclion to
them that pursue their own ambitious Ends more than
the Welfare of a miferable Land.
Were not thf dying Hearts of my poor dijlrejjed
People much revived with the Hopes of a Happinefs
from this Treaty ? And how fuddenly are they fruf-
trated in their Expectations ! Have not I formerly
been condemned for yielding too little to my two Houfes
of Parliament ; and Jhall I now be condemned for
yielding too much ? Have I not formerly been im-
prifoned for making War ; and Jhall I now be con-
demned for making Peace ? Have I not for?nerly ruled
like a King ? and Jhall I now be ruled like a Slave ?
Have I not formerly enjoyed the Society of my dear
Wife and Children in Peace and ghiietnefs ; and Jhall
I now neither enjoy them nor Peace ? Have not my
Subjects formely obeyed me ; and Jhall I now be obe-
dient to my Subjects ? Have I not been condemned for
evil Counfellors ; and Jhall I now be condemned for
having no Counfd but God? Tbefe are unutterable
MiferieS) that the more I endeavour for Peace, the
lafs my Endeavours are refpefied ; and how Jhall 1
know hereafter what to grant, when yourfelves know
not what to a/k ? I refer it to your Confciences^
whether 7 have not fatisfied your Defires in every
Particular fmce this Treaty : If you find I have not,
then let me bear the Burden of the Fault ; but if I
huve given you ample Satisfaflion, as I am fur e I have ^
then you are bound to vindicate me from the Fury of
thofe whofe Thoughts are filled with Blood ; thfiugh
they pretend Zeal, yet they are but Wolves in, Sbeefs
Clothing.
I mujl further declare, that I conceive there is
nothing can more obJlruR tbe long-hoped-for Peace
of this Nation, than the illegal Proceedings of them
that prffttme from Servants to become Maftefsy and
labour to bring in Democracy, and ta abo'.ijh AIo-
2 oo ¥he Parliamentary HISTORY
An. 24 car. l.narchy. Needs muft the total Alteration of Funda-
1648- mentals be not only dejlru£live to others, but, in Con-
December clufion, to 'thcmfelves ; for they that endeavour to rule
by the Sword, Jhall at loft fall by It : For Faflion is
the Mother of Ruin ; and it is the Humour of thofe
that are of this Weathercock-like Difpofition, to love
nothing but Mut abilities 9 neither will that pleafe them
but only pro Tempore ; for too much Variety doth but
confound the Senfes, and makes themjlill hate one Folly
and fall in Love with another.
Time is the bejl Cure for Fattion ; for it will at
length^ like a fprcading Leprofy^ infett the whole
Body of the Kingdom, and make it fo odious that at
la/i they will hate themfelves for love of that, and like
the Fijh, for love of the Bait, be catched with the
Hook.
I once more declare to all my loving Subjefls, and
God knows whether or no this may be my lajl, that 1
have earneftly laboured for Peace, and thai my Thoughts
were fincere and abfolute, without any finifter Ends,
and there was nothing left undone by me that my Con-
fcience would permit me to do. And I call God to
Witnefs, that I do firmly conceive that the Inttrpo-
fition of the Army-) that Cloud of Malice, hath alto-
gether eclipsed the Glory of that Peace which began
again to Jhine in this Land. And let the World judge
whether it be expedient for an Army to contradiSt the
Votes of a Kingdom, endeavouring, by pretending for
Laws and Liberties, to fubvert both. Such Actions as
thefe muft produce Jlrange Conferences, and fet open
the Flood-gates of Ruin to overflow this Kingdom in a
Moment.
Had this Treaty been only mine own feeking, then
they might have had fairer Pretences to have ftopt
the Courfe of it ; but I being' importuned by my ~two
Houfes, and they by moji Part of the Kingdom, could
not but with a great deal of Alacrity concur with them
in their Defires, for the Performance of fo commo-
dious a Work'> and 1 hope by this Time that the
Hearts and Eyes of my People are opened fo much, that
they plainly difcovcr who are the Undermine? s of this
Trtaty.
fir
^ENGLAND. 301
For mine own Party I here proteji before the Face An. *4 Car. I
of Heaven, that mine own Afflictions, though they need ^_^ '4 '
no Addition, afflitt me not fa much as my People's Suf- Dec .mber<
ferings ; for 1 know what to 'trujl to already, and they
know not : God comfort both them and me, and pro-
portion our Patience to our Sufferings.
And when the Malice of mine Enemies is fpun
out to the fmalleft Thread, let them know, that I
will, by the Grace of God, be as contented to fujfer,
as they are aftive to advance my Sufferings ; and
mine own Soul tells me, that the Time will come,
when the very Clouds Jhall drop down Vengeance
upon the Heads of thofe that barricade themfelves
agalnjl the Proceedings of Peace j for if God hath
proclaimed a BleJJing to the Peace-makers, needs mujl
the Peace-breakers draw down Curfes upon their
Heads.
I thank my God I have armed myfelf agalnjl their
Fury ; and now let the Arrows of their Envy fly at
me, I have a Breajl to receive them, and a Heart
pofleffed with Patience to fuftaln them : For God is
my Rock and my Shield ; therefore I will not fear
\vnat Man can do unto me. I will expeft the Worjl,
and if any Thing happen bey end my Expectation, I
will give God the Glory, jlr vain is the Help of
C. R.
Man.
But now to return to Weftmlnjier, and fee what
the Parliament v/ere doing.
Immediately after the Commons had voted the Th. Dcbate upon
Removal of the King to Hurjl Cajile to have been the King's An-
done without their Knowledge or Confent, they f*er «fum'd a
renewed the Debate upon the Commiflioners Re- l"'r T'me*
port of the Treaty ; and the Queftion was pro-
pounded, Whether the King's Anfwers to the Pro-
pofitions of both Houfes be fatisfa&ory ? The Af-
hrmative was maintained by Sir Robert Harhy,
Sir Benjamin Rudyard, Sir Synmionds D'Ewes, Mr.
Edward Stephens, Sir Har bottle Grlmjlonc, Mr.
Walker, and others ; who argued, That the Kiiv>.'j
Conceflions were fufficient for fecunrigall the main
Ends,
..__3P 2 *£he Parliamentary HISTORY
An. 24. c»r. i. Ends, to attain which the Parliament firft engaged
v \ f againft him ; and therefore his Majefty had given
December, Sufficient Satisfaction. For the Negative there ap-
peared Mr. Prideaux, Sir Thomas Wroth, Sir Henry
Vane, fen. zndjun. Mr. Harvey, Mr. Edward AJb,
Mr. Venn, Mr. Elacklflon, Mr. Scot, Mr. Hoylc>
Mr. Corbet, Mr. G our don, and 'others: Thcfe
urged, ' That u'nlefs the Parliament would comply
with the Defires of the Army, there could be no
Hope of a Settlement ; and therefore they rnuft*
look for it fome other Way than towards the King j
who, Sir Henry Mildmay faid, was no more to be
trufted than a Lion that had been raged, and let
loofe again at his Liberty. At length the previous
QuefHon being put, That the Queftion, Whether
the King's Arifwers to the Proportions of both
H'cufes are fatisfactory, be now put ; it was carried
in the Negative, by 144 Voices againft 93. This
Refolution was owing to many of thofe Members,
who were inclined to Peace, being apprehenfive
that they could hardly be able to carry a Vote,
That the King's Conceffions were fatisfa£tory ;
and therefore they put the Negative upon the pre-
vious Queftion, in order to frame a new one^ viz,
That the Anfwers of the King to the Propofitions
of both Houfes are a Ground for the Houfe to pro-
ceed upon for the Settlement of the Peace of the
Kingdom. And this occafioned another Debate,
which continued all Night, and till Nine next
Morning.
The Perfon who diftinguifhed himfelf moft upon
this Occafion, was the famous Mr. Prynne, wh<3
maintained the Affirmative in a fet Speech of feveral
Hours ; which, though confidercd meerly as ftich,
may be deemed very long, yet is a fhort and au-
thentic Summary of all the Tranfa&ions between
x the King, the Houfes, and the Army, from the
Beginning of this Parliament.
It is very remarkable that neither Lord Clarendon^
Mr. Wbitlocke, Mr. Ru/hworth, Sir Philip War-
wick, Col. Ludlow, nor any of the Contemporary
Writers, excegt Mr. Walker •, in his Hijtcry of Inde-
3 pendency^
of ENGLAND. 303
pendency , make the leaft Mention of this Speech, A". 24 Car. I.
although it was publifhed the latter End of "Janu.- v '^•8* ,
ary following by Mr. Prynne himfelf ; and was then December.
the Subject of fo much Inquiry, that the following
Copy is taken from the fourth Edition of it printed
at that Time (d).
Our Orator introduces his Arguments in the fol-
lowing pathetic Manner :
Mr. Speaker,
* DEing called to be a Member of this Houfe Mr. Prynne's
D (without my Privity or feeking, and againft ^c«cf^PontU*
my Judgment, having formerly refufed many Places
freely tendered to me) by the unanimous Election,
without one diflenting Voice, of that Borough for
which I ferve ; and, by a Divine Providence, enter-
ing within thefe Doors in this great Conjuncture of
the higheft public Affairs that ever came within thefe
Walls (e), wherein the very Life or Death, the
Weal or Ruin of this Kingdom, if not of Scotland
and Ireland too, confift in our jfye or Afo upon the
Queftion now debating, I (hall, with the greater
Boldnefs, crave Liberty to difcharge my Conference
towards God, and Duty to my dying Country*
which now lies at Stake ; and fo much the rather be-
caufc, for ought I know, it may be the laftTime I {hall
have Freedom to fpeak my Mind within this Houfe.
4 That I may, in this great Debate, more fin- The fi*ft preJu'
cerely fpeak my very Heart and Soul without any dicc 3£aini
Prejudice, I {hall humbly crave Leave, briefly, to
remove two feeming Prejudices, which may, per-
chance, in fome Members Opinions, enervate the
Strength of thofe Reafons I mall humbly reprefent
unto you, to make good my Conclusion touching
the Satisfactorinefs of the King's Anfwers to the
Houfes Propofitions.
The
(J) London, printed for Mitiatl Spark, at the Bfm £:'&.'( in Grttn,
Arbor, 1649.
(e~) This enables us to corrcft a Miftake in our Ninth Volume,
p. * 38 ; where Mr. Prynne is put down as Member for Briftt'.
Whereas, he was elefted for Newport, in Gormvj'', in tlm Year,
and took his Scat gnly tbe 7th of
tte Parliamentary HISTORY
e The firft is that wherewith fome Members
have, upon another Occafion laft Week, and now
December. again, tacitly afperfed me, That I am a Royal Fa-
"uourite, alluding to the Title of one of my Books,
out of which fome have collected an Abftract, in
the Nature of a Charge againft the King, and this
Day published it in my Name ; and I am now
term'd An Apojlate to the Kings Party and Inter eft.
« To which I fhall return this fhort Anfwer, I
hope, without any vain Glory or Boafting, being
thus provoked thereunto, That I have oppofed and
written againft the King and his Prelates arbitrary
Power and illegal Proceedings mpre than any
Man ; that I have fuffered from the King and Pre-
lates for this my Oppofition, more than any Man ;
that if the King and Prelates be ever reftored to
their prifane arbitrary Power and illegal Preroga-
tives, I muft expect to fuffer from them as much,
if not more, than any Man.
* That all the Royal Favour I ever yet received
from his Majefty or his Party, was the cutting off
my Ears, at two feveral Times, one after ano-
ther, in amoft barbarous Manner; the fctting me
upon three feveral Pillories at Wejlninjler and in
Cheapjide, in a d.ifgraceful Manner, each Time,,
for two Hours Space together ; the burning of my
iicenfed Books before my Face by the Hand of the
Hangman'; the impofing of two Fines upon me
of 5000 /. a-piece ; Expulfion out of the Inns of
Court and Univerfity of Oxford, and Degradation
in both ; the Lofs of my Calling almoft nine Years
Space; the Seizure of my Books and Eitate; a-
bove eight Years Imprifonment in feveral Prifons,
at leaft four of thefe Years fpent in clofe Imprifon-
•ment and Exile at Caernarvon in North Wales^
and in the Ifie of Jerfey ; where I was debarred
the Ufe of Pen, Ink, Paper, and all Books almoft
but the Bible, without the leaft Acccis of any
Friend, or any Allowance of Diet for my Support';
and all this for my good Service to the State in op-
pofmg Popery and Regal Tyranny: For all which
Sufferings and Loflbs'I never yet received OKS Far-
thin*
of E N G L A N D; 305
thing Recompence from the King, or any other. An. 24 car. f.
though I have waited above eight Years at your **>48- ^
Doors for Juftice and Reparations ; and, negledt,- December,
ing my own private Calling and Affairs, employed
moft of my Time and Study, and expended many
hundred Pounds oat of my Purfe, fince my En-
largement, to maintain your Caufe againft the King,
his Popifti and Prelatical Party: For all which
Coft and Labour I never yet demanded nor recei-
ved one Farthing from the Houfes, nor the leaft
Office or Preferment whatfoever, tho' they have
beftowed divers Places of Honour upon Perfons of
lefs, or no Defert ; nor did I ever yet receive fo
much as your public Thanks for any public Ser-
vice done you, which every 'Preacher ufually re-
ceives for every Sermon preached before you, and
moft others have received for the meaneft Services ;
though I have brought you off with Honour in the
Cafes of Canterbury and Macguire (a), when you
Were at a Lofs in both ; and cleared the Juftnefs of
your Caufe, when it was at the loweft Ebb, to moft
Reformed Churches abroad, who received fuch (b)
Satisfaction from my Book, that they translated it
into two feveral Languages ; and engaged many
Thoufands for you at home by my Writings, who
were formerly dubious and unfatisfied. Now, if
any Member, or old Courtier, whatfoever fhall envy
my Happincfs for being only fuch a Royal or State
Favourite as this, I wi(h he may receive no other
Badges of Royal Favour frbm his Majefty, nor great-
er Reward or Honour from the Houfes than I have
done, and then I believe he will no more caulWs -
ly afperfe or fufpedr, me for being now a Royal Fa-
vourite or Apoftate from the Public Caufe.
VOL. XVIII. U ' True
(a) See thefe in the State Tria's, in the Fiift and Eighth. Volume^.
ft) The learned Gi/tertm Pcctim, in his L, tter to Mr. li'j;t-'
Stirckland, Agent for the Parliament at the liagfe, Feb. 2.
writes thus of my Sovereign P<rwer of Paii':.tr>.iKt, &c. ./A.
perrime cowrKodatum, ad llorjt a!ij:tot J.ib'vn Giij-lielmi Prynnr, t,:rt
Aiu Hlibi deftderatum, et Rationet cum Relp'infikai turr. f;.';Jc c! .
fro Parliaments contra Advcrfariot, inflrmflal atque exf,licatJs di-re-
beadi, ut nn -Jidcam quid ultra, dcfidtrari poj/it. Dcl-btt '/--./'/j.'.vi
Hie Latine et Gallue extart, ut a Reftrmatit TL-co.'sgn <s: PiL:ictt, it
Europa Itgi pcj/it.
306 ffie Parliamentary HISTORY
An. 24 Car. I. i True it is, which it behoves now to touch, that -
l64-8> _i ab°ut fourYears fmce, I publifhed a Book, intituled, ,
December. *Ihe Royal Popijl) Favourite ; wherein, as like wife
in my Hidden JVork$ of Darknefi brought to public
Ligbty publifhed a Year after it, I did, with no
little Labour and Expence, difcover to the World
the feveral Plots and Proceedings of the Jefuits,
Papifts, and their foreign and domeftic Confede-
rates, to introduce and fet.up Popery throughout
England^ Scotland, and Ireland; and how far they
had inveigled the King not only to connive at, but
to countenance and aiHft them in a great Mea-
fure, more fully and evidently than any elfe had
done. And thofe worthy Members of this Houfe
who dr£w up that Declaration, whereupon they
voted no more Addrefles to the King, plowed but
with my Heifer, borrowing all or moft of their
real Materials from my Writings : A convincing
Evidence that I am yet no more a Royal Favourite
than themfelves. Yet this I muft add withall, to
take off that Afperfion of being an Apoftate from
my firft Principles, that I never publifhed thofe
Books, as I then profefled in them, and now again
proteft, to fcandalize or defame the King, or alie-
nate the People's Affections from him ; much lefs
to depofe or lay him quite afide ; tho' I am clear
of Opinion, that Kings are accountable for their
A&ions to their Parliaments and whole Kingdoms;
and in cafe of abfolute Neceffity, where Religion,
Laws, Liberties, and their Kingdoms will elfe be
inevitably deftroyed by their tyrannical and flagi-
tious Practices, be depofed by them, if there be no
fpecial Oaths nor Obligations upon their Con-
fciences to the contrary ; which is our prefent Cafe :
Much lefs did I it out of any Malice or Revenge
for the Injuflice I received from him in the Exe-
cutions done upon my Perfon and Eftate, which I
have long fince cordially forgiven, and do now a-
gain forgive him from my Soul, befeeching God
to forgive him likewife ; but meerly to difcover his
former Errors in this Kind unto himfelf, that he
might ferioufly repent of them for the prefent, and
more
ef E N G L A N D. 307
more carefully avoid and deleft them for Time td An. 24 Car. I.
come ; and that the Parliament and whole King- l6*8-
dom might more clearly difccrn the great Danger De«tnbr
Our Religion was in, before we publickly difcern'd
it, and the feveral Ways and Stratagems by which
Popery got fuch Head and Growth among us, that
they might thereby the better prevent the like Plots
and Dangers for the future by wholefome Laws
and Edifts, as I have more largely declared in the
Books themfelves.
'This grand Prejudice againft me being thus The fecondpre-
removed, I proceed to the fecond, to wit, That I judice.
am an Enemy to the Army \ and therefore what I
(hall fpeak, may be interpreted to proceed only
from Oppofition againft them and their Remon-
ftrance, concerning which I freely uttered my fud-
den Thoughts immediately after its reading in the
Houfe. ,
' To this I anfwer* That I have always been a
real Friend and Well-wiftier to this Army from £he Anfwcr to
their firft modelling till now, in whatever they
have a6ted in their Sphere, as Soldiers, for the
Public Safety. When they were firft formed into
a Body, the Committee of Accounts, whereof I
was a Member, and thofe they engaged, advanced
about Thirty Thoufand Pounds, of the Fourfcore
Thoufand, to fet them out. Since that, I have
freely contributed towards their Pay : prayed con-
ftantly for their good Succefs ; joined in all public
Thankfgivings for the Victories obtained by th-jin ;
made honourable Mention of them and their he-
roic Actions in fome of my Writings ; and par-
ticularly dedicated one Book, I fince compiled, to
the General himfelf, as I had done former Books
to others of your Generals, for to do him all the
Honour that poflibly I could foj his renowned
Actions. Bcfides, I have lately figned Warrant*
to get in their Arrears, and promoted an Ordi-
nance for that Purpofe all I could, fince rny En-
trance into this Houfe. All which confidered,
with this Addition, that fome of them have been
my anticnt intimate Friends, and never did me the
U 2 Icuft
go& The Parliamentary HISTORY
An. 24. Car. Meaft Injury, I hope no Member can be fo partial,
l648' f as to repute me fuch a profefled Enemy to them,
December. as» *n ^^ gran<^ Debate, to go againft my Judg-
ment or Confcience in Oppolition only unto their
Defires. True it is, when the Army have forgot
their Duty, or offered any Violence to the Privi-
leges, Members Freedom, or Proceedings of Par-
liament, or endeavoured to engage them to break
their public Faith to the King or Kingdom, in
breaking off the Treaty, contrary to their Votes
and Engagement, or to infringe their Solemn
League and Covenant, or to inforce them to fubvert
the fundamental Government, Laws, and Liber-
ties of the Kingdom, or the very Freedom and Be-
ing of Parliament, as they have done in their late
Remonftrance and Declaration, and feme other
printed Papers fmce and heretofore, I have then,
in Difcharge of my Covenant, Confcience, and
Duty, oppofed, and fpoken againft thefe their Ex-
orbitances, as much as any ; not out of Malice,
but only out of Love, to reclaim them from their
evil deftrudtive Courfes and Councils, according to
God's own Precept, Leviticus xix. 17. Tboujhalt
not bate thy Brother in thy Heart ; but Jball in any"
wife rebuke thy Neighbour, and not fujfer Sin up-
on him. And feeing I have always, with like
Freedom, oppofed and written againft the Exor-
bitances and Errors of the King, Court, Prelates,
Parliament, Committees, Prcfbyterians, Indepen-
dents, Lawyers, and all other Sorts of Men in Re-
ference to the Public Good, the Army and their
Friends have no Caufe at all to cenfure me as their
Enemy; but rather to efteem me as their Friend,
for ufmg the like Freedom towards them, and their
Exorbitances, efpecially in this Houfe.
The Qucfiion, as ' Having removed thefe two Prejudices, I fhall
ptopofed, con- now addrefs myfelf to the Queftion in Debate, which
'"S hath been thuS
s
the Ticaty, ' Whether the Kings Anfivers to the Proportions of
loth JHoufeS) taken altogether upon the whole Treaty , be
fatisfaftory or unfathfaftory ?
^ENGLAND.
* This being an equivocal Queftion, not hither-
to clearly ftated and debated by thofe who have
fpoken to it, moft of them being much miftaken
in it, I muft crave Leave to give you the true State
of it, before I {hall debate it; for which Purpofe
I mult diftinguifh in what Senfe it is not fatisfac-
tory to any in this Houfe,.and yet in what Refpeft
it will appear fatis factory to all or moft of us who
are not blinded with Paffion or Prejudice againft
the King, or mifled by Affection meerly to pleafe
the Army ; which many have made their principal
Argument wherefore it is not fatisfactory,
4 If the Queftion be propounded and intended
in this Senfe, Whether the King's Anfwers to all
the Proportions be fatisfaclory ? that is, Whether
the King hath granted all the Proportions fent
unto him in as large and ample Manner as both
Houfes did propound them ? then it is certain his
Anfwers are not fatisfactory in that which concerns
Delinquents, Bifhops, and Bimops Lands, and the
Covenant, though they are voted fatisfactory as to
all the reft by both Houfes. And, in this Senfe
only, thofe who have concluded them not fatisfac-
tory, have ftated and difputed the Queftion.
* But this, under Favour, neither is nor can be
the State or Senfe of the Queftion, for thefe Rea-
fons :
Fir/I, t Becaufe thefe Proportions were fent by
the Houfes to the King, not as Bills of Parlia-
ment, to be granted in Termini^ without Debate
or Alteration ; but only as Propofttions to be de-
bated and treated upon perfonally with the King,
as the Votes of both Houfes, and Inftru&ions to
the Commiffioners fent to the Ifle of Wight ^ refolve
paft all Difputc. Now it is directly contrary to
the Nature of all Treaties, cfpecially fuch as are
Perfonal, to tie up the Parties of either Side fo
precifely that they mail have no Liberty to vary
from their firft Propofals in any Particular; or if
they condefend not to whatever was at firft de-
manded by the ftrongcr Party, that the Condj-
U 3 fee uior.f
jio The Parliamentary HISTORY
An. 24 Car. I. 'fcentlons (hould not be fatisfactory, though they
t l64&- ^ yield to all juft Things, and fall fhort only in fome
December. ^ew °^ ^ea^ Concernment. This is evident by all
Treaties heretofore between England, France,
Spain, and other foreign Nation?, If you perufc
their firft Demands, which were never conde-
fcended to, but always receded from and qualified
in fome Particulars on either Side ; Iniquum petas^
nt "Jujium ferns, being a Rule in Treaties among
Statefmen. There have been many Treaties, du-
ring thefe Wars, between the Officers of the Par-
liament and King's Party, about Surrenders of di-
vers Cities and Garrifons, wherein the firft Pro-
pofitions on either Side have been moderated or
changed, and yet agreed and accepted at laft as
fatisfa&ory to both Siles. In all ordinary Trea-
ties concerning Marriages, Purchafes, and ordi-
nary Bargains in Fairs, Markets, or Shops, there
are ufually greater Sums of Money demanded at firft
on the one, and lefs proffered on the other Side,
than is accepted and given at laft ; and yet both
Parties clofe, agree, and are well fatisfied : So may
\ve do now with the King upon the whole Treaty,
tho' the King grants not fully all that we at fi,rft
propofed.
Secondly, c Becaufe the Houfes have already voted
the King's Conceflions of the Great Offices of Eng-
land and Ireland to be t their Difpofal for twenty
Years, to be fatisfaclory, though their Demand was
for Perpetuity ; which they would not have done,
had the Satisfa&orinefs of the King's Anfwers de-
pended upon the full Conceffion of that Proportion
3s amply as it is penn'd.
Thirdly, ' Becaufe the Houfes in their laft Pro-
pofitions demand far more than ever they did in
moft former Treaties, and the King hath granted
them more now in this than they have demanded
heretofore ; &nd therefore having granted more
than what would have 'fully fatisfied them in for-
mer Treaties, his Conceflions in this may be fully
futisfactory to us, fo far as to clofe with him, to
fettle a firm Peace in the Kingdom, now at -the
Brink
of E N G L A N D.
Brink of Ruin, tho' they fall fhort in fome Things An. 14 c*r. j.
which we now propounded, which do not fe much
concern our Security, as I (hall prove anon.
The true State then and Senle of this Queftion
rauft be this and no other :
* Jf/lsethcr the King1 1 final Anfwers to the Propifi- Tl* Qucfti
tions of both Houfesin this Treaty, confiiered and weighed truly
all together, be not fo full and fat'ufaflory in themjel-ves,
that this Houfe may and ought to accept of and j>r.c:t'l
upon them for the fpeedy Settlement of a Jaff and ivsll-
grounded Peace, both in Church and Commonwealth^
rather than reject them as unjatisfafiory and fo hazard
the Lofs of all, and the perpetuating of our [fairs and
In this Senfe I humbly conceive, and hope to
evidence them fo clearly and fully fkttsfa&bry, that
we can neither, in point of Duty, Prudence, Juftice
and Honour or Confcience, reject them as unfatis-
factory, but ought to embrace them as the only fafe
and ready Way to our Peace and Settlement, though
they come not up fo fully to fome of our Propoli-
tions, as I could have heartily dcfircd for the avoid-
ing of this hazardous Dcbr.tr.
* For my clearer Pro^cfs in thie grand Debate,
I fhall obferve this Method.
Flrjl, ' I fhall clearly mamfeft, That the King,
in this Treaty, hath granted us whatlbevcr we can
well defire for the prefent Settlement and future Se-
curity of the Commonwealth or State, when ratified
by Ac~h and a Regal Oath, as is intended ; yea, far
more than ever our Anceftors, or any Subjects in
the ChrilUan World, enjoyed or di-fired of their
Kings, for their Security and Prefervation againft
thsir armed Power, or legal Prerogatives.
Secondly , « Th?.t the King hath granted as much,
in this Treaty, as will fettle and fecurc the Peace
and Government of our Church and Religion
againfr. Popery and Prelacy on the one Hand, and
Profancnefs on the other Hand ; and more than \vc
or .my Protcftrnt Churches ever enjoyed, or de-
manded heretofore, for their Security and Scttlc-
Dieut.
U'4 'When
3 1 2 %? Parliamentary HISTORY
Afa. -Li, Car, I. ' < When I have made good thefe Particulars,
l^4°* and anfwered the Objections made againft them,
December ^ n°Pe every one °f us» wno nave an/ Ingenuity,
Reafon, or Confcience in their Breads, and are
not tranfported with Pa|fton, or private Engage-
ments to the contrary, will, and muft of Neceflity,
vote thefe Anfwers fatisfactory in the Senfe fore-
ftated.
* I fhall begin with the firft of thefe, namtly,
The King's Anfwers to all thofe Propofitions which
concern the prefent Settlement and future Security
of the State and Republic, againft any arm'd Force
or Invafions of the Regal Prerogative to the enfla-
ving or prejudicing of the Subject ; which in my
poor Judgment, are fo full and fatisfacliory, that
little or nothing can be added to them; and if we
well confider them we have caufe to fay,
O fortunatl Nlmium buna fi fua nor int.
J fhall give you a full View of them all, becaufe
many of them have not been fo much as once re-
membered in this Debate, and apply them to our
prefent Settlement and future Safety, as I mention
them.
The fiifl Propo- e "^ne fir^ Propofition, for the Settlement of a
Ction concerning fafe and well-grounded Peace, is that which con-
theKhg's recal- cerns tnc Juftification of the Parliament's War, de-
t?onl, &c!aEar?n~ft daring it, by an Acl of Parliament to bepaff^d, to
the Parliament, be in their juft and lawful Defence; juftifying the
fully granted by Solemn League and Covenant in profccution there-
theBeneVt ac- °^5 ani^ repealing all Oaths, Declarations, and Pro-
cruing to the clamations heretofore had, or hereafter to be had,
Kjngdom there- agamft both or either Houfes of Parliament, their
Ordinances, or Proceedings ; or againft any for
adhering unto, or executing any Office, Place,
or Charge under them ; and all Judgments, Indict-
ments, Outlawries, Attainders, and Inquifitions
in any of the faid Caufes ; and all Grants there-
upon made, had, or to be made or had, to be de-
clared null, fupprelTed, forbidden, and never put
jnto Execution : And this to be publifhed in all
Parifh Churches, and all other Places needful, within
hjs Majefty's Dominions. * To
rf E N G L A N D. 313
4 To this proemial and advantageousPropofuion, An. 24 Car. I.
the King hath fully and readily condefcended at firft, |64*-
in every Tittle, as was defired. DccembeT
' By this Conceffion the Parliament hath gained
fundry coniiderable Advantages, tending to their
prefent Honour and future Security.
i/?, * A full, public, Acknowledgment of the
Juftnefs of their War and Caufe, to be ratified and
perpetuated to Pofterity by the higheft Record that
can be, an Act of Parliament; and that to be read
in all Parifti Churches throughout Eugland^ Ire-
land^ and other the King's Dominions ; and pro-
claimed in all Counties, Cities, Corporations, and
at Affixes and Seffions of the Peace, that fo all
Men may take public Notice of it ; which is fuch
an Honour to, and Juftification of, them and their
Caufe, as was never condefcended to by any King,
that took up Arms aguinft his Subjects, fmce the
Creation to this prefent ; and fo low a Humilia-
tion and legal Difclaimer, in the King, of his War
againft the Parliament, and Difavowal of his Caufe
and Party, as could poifibly be imagined or ex-
pefted.
2^//y, * It fecures the Lives, Liberties, and
Eftares of all the Members of both Houfes engaged
in thefe Wars; and of all Perfons whatfoever that
have adhered to, or acled for them, againft all for-
mer, prefent, and future Impeachments, Profecu-
tions, and Judgments whatfoever ; and makes void
and null whatever hath been, is, or may be ob-
jected againft them ; which, coupled with the Act
of Indemnity and Oblivion, propofed by the King
and agreed to by the Houfes, will extraordinarily
fecure, pacify, and content all well-afFe&ed Mem-
bers and Perfons who have adhered to them in this
Caufe, and preferve them from the Danger of
25 Ed. III. and other Laws concerning Treafons j
which otherwife, upon any Revolution of Times
and Affairs, might, by corrupt Judges and Inftru-
ments, be extended and wrefted to their Prejudice
and Undoing.
ffle Parliamentary HISTORY
3^/f, * It Jays a Foundation for the Lawfulnefs
_ of a defennve War by Authority of both Houfcs,
December uPon tne like Occasion, in all future Ages, with-
<jut incurring the Guilt of Treafon or Rebellion ;
which will be a great Encouragement and Security
to the Subjects, and Engagement to them to adhere
unto the Parliament in after Times.
4/£/X, ' It will very much difcourage and deter
all Kind of Men from taking upArms in the King's,
his Heirs and Succeflbrs, Behalf, againft the Houfes
of Parliament, when they fhall caft their Eyes up-
on this Act, and behold the King himfelf palling
fuch a Cenfure upon all his own Proceedings, and
retracting his own Oaths, Proclamations, Com-
miflions, Indictments, and Grants, again ft fuch
Members and all others who have now taken up
Arms againft him, for the Houfes and Kingdom's
Defence.
' So as this very firft Propofition only, if well
weigh'd, without any others added thereunto, be-
ing fo fully and freely confented unto by the King,
tends very far towards our prefent Settlement and
future Safety ; being more than was ever thought
of or defired in the Treaty of Peace, in February
and March 164.2.
The Propofition ' The fecond Propofition fully granted by the
for the Militia King, for the' fettling and fecuring of the State,
fully confented and Religion too, againft the King's arm'd Power,
Sdthektag-8' is the fettling of the whole Militia by Sea and
dom'sAdvantage Land, and Navy of England, Ireland, and thelfles
and Security ari- and Dominions thereunto belonging, by Act of
fmgfron thence.
,
fmgfron thence. padiament) in ^ jj^ ^ Djfpofal of
Houfes, and fuch as they {hall appoint, for the
Space of twenty Years ; with Power to raife Mo-
nies for all Forces raifed by them for Land or Sea
Service, during that Space of Time ; which Forces
are authorized to fupprefs all Forces railed, or to be
raifed, in, or any foreign Forces which fhall invade,
the Realms of England, Ireland, or the Domi-
nions and Ifles thereunto belonging, without Au-
thority and Confent of the Lords and Commons in
Par-
of E N G L A N D. 315
Parliament. And it further provides, That after An< ai*tgar- '•
the Expiration of the faid twenty Years, neither , ' 4 ' ,
the King, his Heirs or Succeflbrs, nor any Perfon December.
or Perfons, by Colour or Pretence of any Com-
miflion, Power, Deputation, or Authority to be
derived from the King, his Heirs or Succeflbrs, or
any of them, (hall raife, array, train, employ, or
difpofe of any of the Forces by Sea or Land of the
Kingdoms of England, and Ireland, the Dominion
of flrb&f, Ifles of Guernfey, and Jerfey, or of Ber-
wick upon Tweed -y nor execute any Power or Au-
thority touching the fame, inverted in the two
Houfes during the Space of twenty Years ; nor do
any Act or Thing concerning the Execution there-
of, without the Confent of the Lords and Com-
mons firft had and obtained. And that after the
Expiration of the faid twenty Years, in all Cafes
wherein the Lords and Commons fhall declare the
Safety of the Kingdom to be concerned, and fhall
thereupon pafs any Bill for the raifmg, arming,
training, and difpofing of the Forces by Sea and
Land of the Kingdoms, Dominions, Ifles, and
Places aforefaid, or concerning the levying of Mo-
nies for the fame, if the King, his Heirs or Suc-
ccffors, fhall not give the Royal AfTent thereto,
within fuch Time as both Houfes {hould think
convenient, that then fuch Bill or Bills, after De-
claration made by |he Lords and Commons in that
Behalf, (hall have the Force and Strength of an
Act or A£b of Parliament, and be as valid, to all
Intents and Purpofcs, as if the Royal AfTent had
been given thereunto. After which it difablcs any
Sheriff, Juftice of the Peace, Mayors, or other
Officers of Juftice, to levy, conduct, or employ
any Forces whatfoever, by Colour or Pretence of
any Commifiion of Array, or extraordinary Com-
mand from the King, his Heirs or Succcflbrs,
without Confent of both Houfes : And concludes,
That if any Perfons, to the Number of thirty, fhalJ
be gathered together in warlike Manner, or other-
wife, and not forthwith difband themfelves, being
thereunto required by the Lords and Commons, or
Com-
3 1 6 ¥be Parliamentary HISTORY
An. a* Car. 1. Command from them, or any other fpecially au-
\ l64.8- -.- --1 t'10"zet^ by them, that then fuch Perfon or Pcr-
Dec ember. fons, not fo difbanding, fhall be guilty and incur
the Pains of High Treafon j any Commiflion un-
der the Great Seal, or other Warrant to the con-
tray notwithftanding, and be incapable of any Par-
don from his Majefty, his Heirs and Succeflbrs,
and their Eftates difpofed of as the Lords and
Commons {hall think fit.
' To all this new, grand, principal Security of our
prefent and future Peace and Settlement the King
hath given his full and free Confent in Terminis.
And what greater Security than this we can ima-
gine or demand againft the King's armed Power
and Sword of \Var, tranfcends my Capacity to
imagine : Therefore, if we have not loft both our
Brains and Confciences too, we cannot but vote
and conclude it fatisfa&ory, and reft abundantly
contented with, yea exceeding thankful for, it j and
that upon all thefe enfuing Confiderations.
Firft, < Both Houfes, in their Treaty with the
King in February and March 1642, demanded
only the Militia of England, not of Ireland (c) ; yet
fo, as they did leave the Nomination and Difpoft~
tion of the chief Commanders, Officers, and Gover-
nors of the Militia, Forts, and Navy of the King-
dom, to the King ; provided only they might be fuch
Perfons of Honour and Trujl as both Houfes might
confide in ; and likeivife promife Rejlitution of all
Monies, Forts, Garrifons, Arms, and Ammunition
cf the King, which they had fcized upon, or to give
him prefent Satisfaction for the fame ; which being
granted and performed, they profejjed it Jhould be
their hopeful Endeavour that his Mujejiy and his
People
(c)
public
c) In this and many other Inilances, where Mr. Prynnc cites any
Afts of the King or Parliament, he refers to Hujbandt's
ions in Sparta and Folio ; and, for the Declarations, &c. of the
Army, to th^ original Editions of them in the fingle Pamphlets re-
fpe<Sively : Infteid whereof, for the Reader's Eafe, we have let down
the Pages where thofe Vouchers are inferted in our foregoing Volumes ;
to which we have alfo added fome other Rcterences cccafionally, by
way of Iliuftration.
The Matter now before us may be found in Vol. X. p. 285 and
jlj: IB Vol. XII. p. 148, 156, 182, 196, et fcf,
of ENGLAND.
People might enjoy the Blejjlng of Peace , &c. to le de-
rived to him and to his Royal Poftcrity, and the future
Generations in this Kingdcm^ for ever. Whereas, December"
in this Treaty, the King dcnudeth himfelf of the
Militia of England and Ireland too, and of the No-
mination and Approbation of all Officers, Com-
manders, Governors of the Militia, or Forces by
Sea or Land ; and leaves all the Forts, Navy, and
Magazines to the Houfes Difpofal only, without
any Compenfation for his Magazines or Arms for-
merly feized by them. And if far lefs was deemed
fufficient for our Settlement and Security then, much
more will all this be thought fo now.
Secondly, ' Becaufe the King hath wholly ftript
himfelf, his Heirs and Succcfibrs for ever, of all that
Power and Intereft which his Predeceflbrs always
enjoyed in the Militia, Forces, Forts, Navy, not
only of England, but Ireland, Wales, Jerfey, Gnern-
fey, and Berwick too, fo as he and they can neither
raife nor arm one Man, nor introduce any foreign
Forces into any of them, by virtue of any Com-
miffion, Deputation, or Authority, without Con-
fent of both Houfes of Parliament ; and hath veft-
ed the fole Power and Difpofal of the Militia,
Forts, and Navy of all thefe in both Houfes, in
fuch ample Manner, that they (hall never patt
with it to any King of England, unk-fs they pleafe
themfelves : So as the King and his Heirs have no
military Power or Authority at all left, to injure
or opprefs the meaneft Subjedr, much left the whole
Kingdom, or Houfes of Parliament, had they Wills
to do it ; and the Houfes having all the Militia by
Land and Sea, not only of England, but even of Ire-
land, Wales, Guernsey, Jofey, and Berwick, to affift
and fecure them, in cale he or his Heirs fhould at-
tempt to raife any domeftic, or introduce any foreign
Force, againft them, is fo grand, fo firm a Security,
in all human Probability, for infuriug and prefer-
ring of our Peace, Religion, Laws, Liberties, Lives-,
and Eftates, againft reg.il Force and Tynuiny, that
none of our Anceftors ever demanded or enjoyed
the like, nor no other Kingdom whaiibcvcr, irice
the
Parliamentary H I s T o R Y"
the Creation, for ought that I can find in HiftorieS
or Republicks, who have perufed moft now extant
December, to do you Service ; and fuch a felf-denying Con-
defcention in the King to his People, in this Par-
ticular, as no Age can yield a Precedent.
4 In the 1 6th Year of King John (b), the Barons
having, by Force of Arms, compelled him to con-
firm the Great Charter at Runningmead, near
J^indfor^ thought this their greateft Security, that
twenty-five of the eminenteft Barons fhould be
made Confervators of Magna Charta, and that all
the reft of the Barons and People fhould take an
Oath to be aiding and aflifting to them in the Pre-
fervation thereof; and the King fhould furrender
into their Hands his four principal Caftles, that fo*
if he infringed this Charter, they might compel him
to obferve it. This was the higheft Militia and
Security of that Kind our Anceftors ever demanded
or enjoyed, (which is nothing comparable unto that
now granted us by the King) who refted fatisfied
therewith.
3<//y, « Becaufe the King and his Succeflbrs are
hereby not only totally difabled to raife any Forces
to opprefs the People, or difturb their Peace and
Settlement, but all Perfons difcouraged from aid-
ing or aflifting them by any Commiffien or Au-
thority whatfoever, under Pain of High Treafon,
and Lofs both of Life and Eftate, at the Pleafure
of both Houfes, without any Benefit of Pardon
from the King, difabled for to grant it. So great
a Difcouragement for any Perfons of Fortune or
Quality, to appear for the King or his Party in
the Field, for Time to come, that, in all human
Probability, none ever will or dare appear in
Arms hereafter for the King, againft the Parliar
ment, being fure to forfeit all without any Hopes of
Pardon. And if this A£thad been parTed as a Law
before our Wars, I dare prefume not any one Eng^
HJh Lord or Gentleman durft once to have appear'd
in
(I) Sc- Matthew Part), MatilnuWtfimir.fttr, tJoUinJhtad, Sfted,
and Daniel IB hi* Life of ibis Kme -— Ail'o in cur fc'irit Voiume,
of ENGLAND. 319
in the Field for the King, and we had never felt the An. 24 Car. I.
Miferies of a Civil War. ,
4f/;/v, * Becaufc the Militia of Ireland, Jerfey,
Guernftyj and It ales as well as England, is wholly
transferred from the King to the Houfes ; fo as we
need fear no Danger thence : And the Militia of
Scotland being in their Parliament's Difpofal, if we
hold a brotherly Corrcfpondcncy with them, I know
no other Enemies we need to fear} for the Navy
being in the Houfes Power, we need not fear any
foreign Invafion that can hurt us, if we can agree
at home.
4 All which confidered, I dare aflert, we have The King hatk
now the greateft Security of any People under 8ranted the P»-
TT • n 11 i i T> r> Lament the Dif-
Heaven, agamft all armed regal Force or Power ; pofal of alj great
the King having given up all his Military Power Offices, civij,
into the Houfes aftual Pofleffion, and refigned his £f cia};J"d0MU
Sword and Arms into their Hands. And if we re- Years, both°ia
fufe to accept it, now he fo freely refigns it, we England and lr»-
may fight till Doomfday, but never win nor hope land<
for the like Security or Advantage; yea the pre-
fent Age and all Poilerity will curfe and abhor us,
for not embracing and refting fatisfied with fuch an
unparalleled Security.
4 But is this all the Security the King hath grant- TheSecurity
cd us in this Treaty ? No verily, there is yet much »n<1 Conference
more behind which hath not yet; been opened. tlicreof"
The Kings of England have always held two Swords
in their Hands ; which, when ill managed, have
hurt and deftroyed their Subjects : The firft is the
Sword of Mars in Times of War, which is al-
ready (heathed, and refigned into the Houfes Hands
by the precedent Conceflions, fo as it can never
wound them more : The other is the Sword of
Juftice, in Times of Peace ; and this likewife the
King hath wholly given up into the Hutifcs Power,
for twenty Years, as he hath the T.Tiiiiia j fo that
it can never hurt them, nor any Engltjhtnan or o-
ther Subject hereafter, at leaft for tvc-nty Years.
•' This Sword was formerly intruded by the
King in the Judges ar^ Jie great Ofikxrs Hands i
had they been io coura^ious, fo upright nn tliey
4 ihuuld,
3«6 The Parliamentary HISTORY"
An. 24 Car. I. fhould, the King could never have wounded of
t l6*g' J ruined the meaneft of his Subjects with this Swoid*
December Ship-money, Knighthood, with other Grievances
and Monopolies, neither would nor could have been
impofed on the People by the King's Prerogative or
Power, had the Judges, according to Law and Du-
ty, declared them illegal. The King can do no
Injuftice to any, if his Judges be fo juft and (tout
as to do Juftice. Whereupon this Houfe im-
peached only the Judges, not blaming the King
for the Project of Ship-money, to which their O-
pinions in Mr. Hampdens Cafe, gave Life and Vi-
gor. Now the King, in this Treaty, hath for
twenty Years at leaft, granted to both Houfes the
Nomination and Appointment of all the great Of-
ficers, Civil or Military, and of all the Judges and
Barons of his Courts and Exchequers within Eng-
land and Ireland^ to continue in their Places only
quamdiu bene fe gejjerint. So as thefe great Of-
ficers and Judges having now no Dependance at
all upon the King, who can neither place nor dif-
place any of them, but wholly upon the Houfes of
Parliament, and fuch as they fhall appoint to no-
minate them in the Intervals of Parliament ; if the
Houfes have a Care to make good Officers and
Judges in all Courts at firft, and to difplace and
punifh them, as they may and ought to do, when
they degenerate or mifdemean themfelves, the
King, with all his legal Power now left him, can
neither injure nor opprefs the pooreft Subject in
Body, Goods, or Eftate, nor protect the greateft
Malefactor from Juftice. And what more can we
defire or expect for the Security of our Lives, Li-
berties, or Eftates than this ?
' Befides, as the King hath intruded you with
the Sword and Courts of Juftice and Revenue, fo
hath he with his Confcience and Courts of Equity
too : You have the Nomination of the Lord-Chan-
cellors, Lord- Keepers, and Commiffioners of his
Great Seals of England and Ireland, of the Chan-
cellors of the Exchequer and Duchy, and Mafters
of the Rolls, as well in Ireland as England, who
of E N G L A N CT. 32J
arc the Difpenfers of his Equity and Confcience to An. 24 Car. I.
his Subjects ; the Uluers of all his Commiflions, t l648'
Writs, Patents; and Keepers of all his public Re-
cords. If this be not enough, you have the Dif-
pofal of his Purfe and Treaftire too ; the Nomi-
nation of the Lord Treafurers, both of England and
Ireland ; of the Chancellors and Barons of the Ex-
chequers in both, and of trie Vice-Treafu'rer and
Treafurer of the Wars in Ireland : Would you
have yet more ? You have the Nomination of the
Lord-Deputy and Chief Governor of Ireland^ and
of all the Prefidents of the feyeral Provinces of that
Kingdom for twenty Years ; and of all other the
before-named great Officers, Judges, and Treafur-
ers there ; a great Strength and real Addition to the
Militia of that Kingdom, which can never do us
Harm, if we accept of thcfc Concefiions, which
inveft us in fuch Power there, as no Parliament
of England ever yet expected nor laid Claim to.
What is there" yet remaining for your Safety ? Per-
chance you will fufpeft the King may have many
fbcret Defigns and Intercourfes. with foreign Ene-
mies and States, and grand Malignants at home,
to undo all, which we (hall never difcover with-
out fome further Provifior.s than yet we have
made. Truly no; you have a Remedy already
provided and granted for this : The Nomination
and Appointing of the Lord -Warden of the Cir.^ue
Ports, the principal Gates to let in, or keep out,
foreign Enemies or Spies; and of the Secretaries
of State, who will be privy to all his Majcil) 's
Secrets and Tranfaclicns of public Concernment ;
receive all Letters of Intelligence directed to 1.
and moft commonly return all Anfwers to them.
There is now but one Tiling more wanting to
make this Security compleat and linn, the King's
Great Seals of England and I)\-lttn.l, the »vc:ileft
regal Aflurance and Confirmation he can give y, u ;
and of thcfc you have both the Cuitody and Ditpu-
fal, having the Nomination and Appointment both
.of the Lotd-Chancellors, Lord Keepers, atld Com-
miflioners of the Great Seal in England and Jr.
VOL. XVIII. X «To
322 The. Parliamentary H i s T o R v
An 24. Car. I. < To fum Up z\\ thefe Grants together : Some
^ __j Parliaments, in former Times, have had the Noir.i-
Decembcr. nation of the Lord-Chancellor, fome of the Lord-
Treafurer, fome of the Great Jufticiar, or fome few
Judges of England only ; but never any Parlia-
ment of England claimed, or enjoyed, the Nomina-
tion and Appointment of any of the great Officers,
Barons, Judges, or Treafurers Places in Ireland^
nor yet of the Lord -Warden of the Cinque Ports,
Chancellors of the Exchequer and Duchy, Secre-
taries of State, Mafter of the Rolls, or Barons of
the Exchequer of England ; and yet all thefe the
King, for Peace Sake, hath parted with to us ; and
(hall we be yet fo froward and peevifh, as not to
be fatisfied with all thefe Offices ? We have a long
Time mocked and abufed the World with a Self-
denying Ordinance (c)t difabling any Member to
retain or receive any Civil or Military Office by
Grant from the Houfes, whilft he continues a Mem-
ber ; though there is fcarce one Day, or Week at
leaft, doth pafs, but we are ftill beftowing fome
Plac6 or Office upon Members, for which we are
Weekly cenfured and reviled in printed Pamphlets,
and are become odious to the Kingdom : But here
is a Self-denying A6t and Ordinance in good earneft,
in the King, in parting with fo many Offices (of
which he and his PredecefTors have had the fole
Difpofal for fome Ages without Interruption) to
the Houfes ; and (hall we not yet reft fatisfied ? If
not, what will the whole Kingdom, what will all
foreign Kingdoms and Nations, report of us, but
that we are fo foolifli, fo unreafonable, that nothing
can or will content us, becaufe we are refolved not
to be content with any Thing that the King mail
grant us, be it ever fo advantageous for our prefent
or future Safety and Settlement ?
' But feeing 'we have the Difpofal of all thefe
Officers in England and Ireland, both Military and
Civil, of his Sword of War and Peace, his Juftice,
his
fc) This Ordinancfe firft took its Rife from a Motion fnude in th«
Houfe of Commons by Lieutenant- General Cromivell, Theueiatc
is given in 6ur Thirteenth Volume, p. 376, et^tj.
of E N G L A D. 323
his Confcience, his Purfe, his Treafury, his Papers, An. 24 Car. i«
his public Records, his Cabinet, his Great Seal, l648' t
more than ever we at firft expected or defired, I November.
muft really for my own Partj profefs myfelf abun-
dantly fatisfied with thefe Conceflions, and fo muft
every one who hath fo much Judgment as to un-
derftand the Latitude and Confequences of them
for the whole Kingdom's and dying Ireland's Safety
and Settlement^ efpecially at this Seafon, when
they are fo near their Ruin.
* To this I {hall add another Grant of great
Concernment for the Peace and Safety of this Na-
tion, which the King hath fully conferited to in
this Treaty ; and I prefume no Member of this
Houfe will reft unfatisfied therewith when he fully
underftands ih
c Both Houfes of Parliament, upon the Lord- The King hath
Keeper Littletons deferting of the Houfe {JL **&"***£**** .
• i ^>i 5 o i i /• i /• new Great Seal,
conveying away the Great Seal, were pleafed, for ana all that hath
the better Distribution of Juftice, and Tranfaftion Pafled under it ;
of the great Affairs of the Realm, to appoint a new ™JUwhatever°ld'
Great Seal to be made j the Ordinance for its Ap- pafad under the
probation and Ufe (licking long in the Lords Houfe, Authority there-
who were fomewhat doubtful In point of Law, I ^JVwa*™8
thereupon compiled and publifhed a Treatife, in- from the Houfes.
tituled, The Opening of the Great Seal of England,
which fully fatisfied them, and opened the Doors
to let it out for public Ufe ; though fome who have
had the Cuftody of it, as you, Mr. Speaker, know,
have but ill requited me for this my Pains and good
Service. Many Grants, Commiflions,Prefentations,
Writs, Procefs, Proceedings,, and other Things,
-have parted under this great Seal, and fome Pa-
tents for Offices and Bifhops Lands to Members of
this Houfe, who differ in Opinion from me, and
yet would be glad to have their Patents confirmed
by an A£t of Parliament : The King, in this
Treaty hath not only confcnted to ratify all the
Grants, &c. that have paifcd under this new Great
Seal, by A6t of Parliament, and to ena£t them to
X 2 be
(</) The Manner of the Lord-Keeper's lc.iving the Parlitmenr, and
his Reafons fer fo doing, may be found in our Eleventh Volume
p. 47 and" 123.
3 14 *The Parliamentary HISTORY
An. 14 Car. l.be as effectual to all Intents and Purpofes, as if
l64*- they had pafled under any other Great Seal of En-
Decembcr gland heretofore ufed ; but to continue it to be ufed
hereafter for the Great Seal of England: And hath
likewife fo far difclaimed his old Great Seal, from
the Day it was carried from the Parliament, that
he is content to make and declare all Grants, Com-
miffions, Prefentations, Writs, Procefs, Proceed-
ings, and other Things whatfoever, pafled under
or by any Authority of any other Great Seal, ftnce
the 22d of May 1642, to be invalid and of 'no
Effect, to all Intents and Purpofes, except one
Grant to Mr. Juftice Bacon, to be Judge of the
King's Bench, and fome other Writs, Procefs, and
Commifilons mentioned in that Proportion : And
he hath further yielded, That all Grants of Offices,
Lands, Tenements, or Hereditaments, made or
pafled under the Great Seal of Ireland, unto any
Perfon or Perfons, or Body Politic, fince the Cef-
fation in Ireland, the I5th of September, 1642, mall
be null and void, with all Honours and Titles con-
ferred on any Perfon or Perfons in that Realm fince
that Ceflation.
' By this Conceffion the Houfes of Parliament,
and their Adherents, have gained thefe extraordi-
nary Advantages, moft of them not to be parallel'd
in any Age or King, from Adam till this prefent :
!/?, An Acknowledgment of both Houfes Au-
thority to make and ufe a new Great Seal of En'
gland, without the King, in Cafes of extraordinary
Neceflity.
idly, *• A Power in the Houfes to null and void
the King's ufual Great Seal upon the making of
their New, and conveying the old Seal from the
Houfes without their Confent.
3^/y, ' A Ratification of all judicial and mini-
fterial A&s, Writs, Procefs, Prefentations, Grants,
Decrees, Commiffions, and other Things which
have pafled under the new Great Seal, fince its
making till this prefent ; which tends much to the
Quiet and Settlement of many Men's Eftates ; to
the Confirmation and Juftification of all legal Pr j-
^ENGLAND. 325
ceedings in all Courts of Juftice, and at all Affixes An- *4 Car. I.
and Seffions of Peace, held by virtue of Commif-.
(ions under this Seal, and of Juftices appointed by
it (whofc Authority and Proceedings might elfe
hereafter prove disputable, and be drawn into
Queftion) ; and to the right Conftitution of the
Par! iament itfelf, many Members of this Houfe
being ek&ed, and fome Members and AiEftants of
the Lords Houfe being called thither, by Writs
under this new Seal.
4//;/y, ' An abfolute Difavowal ancl Repeal of
all Commiflions whatfoever, or other Things paf-
fcd under the old Great Seal, againft the Parlia-
ment or its Proceedings ; and an Expofing of all
thofe of the King's Party, who have atTted any
Thing by any Commiffion or Authority under that
Seal againft the Parliament, to public Juftice, who
cannot plead it in Bar or Excufe in any Court, af-
ter it (hall be nulled and repealed by an A£t.
5/^/C, ' A great Difparagement, Difhonotir, and
Disadvantage to the Englljh Cavaliers, Irift) R, bels,
and their Caufe and Proceedings ; with a future dif-
engaging of them, and all their Party, from the
King and his Intcreft, who hath fo far dishonoured,
deferted, and difclaimed them, as thus to null and
repeal all Honours, Titles, Grants of Offices,
Lands, or Tenements beftowed on any of them,
for any Services done, or Afliftance given by them,
to the King in his Wars againft the Parliament :
A very high Point of Humiliation and Self-denial
in the King, and fuch a Blow to his Popifh and
Malignant Party, that I dare prefume they will
never engage in his Behalf, nor truft him for the
future j which will much conduce to the Settle-
ment of a firm and lading Peace, and prevent new
Wars, if accepted of.
btbfyi c Indemnity and Security for all the Com-
miffioncrs of the new Great Seal, againft all Scru-
* pies which muy arife upon the Statute of 25 Ed"
ward III. for ufmg and foaling with it, if ever the
Times alter ; which eve.iy prudent Man will rea-
dily embrace, where it is freeely orlx-rcd, and r.ot
X 3
326 *fhe Parliamentary HISTORY
An. 24 Car. I. pcevifhly reject, in fuch an Age of Danger and In-
l6+8- f certainty as this, in which no Man is fecure of his
Dtceirbr Life, Liberty, or Eftate on either Side.
* The next Conceflion of the King in this Trea-
The Repeal of ty is this, That, by Aft of Parliament, all Peers
all new Peerages, made Jlnce Edward Lord Littleton deferted the Par-
nourf herame°d ^arnent-> an^ Conveyed away the Great Seal on the
by the King; 2 i ft Day of May, 1642, Jhall be unpeer'd and fet
with the Ccnfe- by • and all other Titles of Honour and Precedency ,
fences thereof, ^ Lordfap, Knighthood, and the like, conferred on
any without Confent of both Houfcs of Parliament,
fince the zotb Day of May, 1642, Jhall be revoked,
and declared null and void, to all Intents, and never
hereafter put in Ufe j and that no Peer who Jhall be
hereafter made by the King, his Heirs or Suaefforst
Jhall fit or vote in the Parliament of England, with-
out Confent of both Houfes of Parliament. "This
Conceflion of the King's is of great Concernment to
the Kingdom, and, I conceive, without Precedent
or Example in any Age or King in the Chriftian
World.
\ft. e It fecures us from our formerly feared
Danger of a Defign in the King, by new-created
Peers, to make an over-ruling Farty, at any Time,
in the Lords Houfe. wherein the Jucncatory of the
Parliament principally confifts ; which Danger and
Inconvenience, by fecluding the Bilhops out of that
Hcufe by an Acl: already paffed, and by this dif-
abling all new Peers hereafter to be made to fit in
that Houfe, without Confent of both Houfes, is
for ever totally prevented.
idly, ' It gives fuch an extraordinary new Power
to the Houfe of Commons, as they never formerly
enjoyed or pretended to, to wit, That no Peer cre-
ated by the King himfelf, or by the King or Lords
in Parliament, (who ufually created Peers in Par-
liament without the Commons Privity or Confent
in former Times) fhall be henceforth enabled to
fit or vote as Peers of Parliament, but by Confent
of the Houfe of Commons as well as of the King
and Lords : By which Provifion the Commons are
made not only, in fome Senfe, the Judges of Peers
them-
of E N G L A N D. 327
themfelves, (which they could not try or judge An. 14 Car. I.
before by the exprefs Letter of Magna Charta^ and , ' *8' ,
the Common Law) (e] but even their very Creators pcccmb«r.
too.
3^/y, * It puts an extraordinary Prejudice and
Blemifti on the King's Caufe, and an extream Dif-
honour, DifTatisfa&ion, and Difparagement upon
his own Party, than which a greater cannot be
imagined : For what higher AfYrpnt and Difgrace
could the King put upon thofe Nobl.es, Gentlemen,
and others, who have fpent their Eftates, loft their
Blood and Limbs, and adventured their very Lives,
in his Caufe againft the Parliament, and received
no other Reward but an empty Title of Honour,
(perchance a Knightfhip, a L^rdfhip, or the bare
Title of a Marquis, Earl, or Vifcount, which they
have enjoyed but a Year or two, with little BeT
nefit and lefs Content) to be thus (by A& of Pai-
liament, with the King's own Royal Aflent, who
conferred thofe Tides on them for their gallant
Services in his Behalf) fuddenly degraded and di-
verted of them all, as if they had never been ? A
perpetual Brand to them and their Pofterity, who
muft be enforced to give Place to fuch of whom,
they had Precedency and Place by virtue of thefe
Dignities : Which high Affront and Scorn, I am
verily perfuaded, will pierce and break many of
their own, at lead their Ladies, Hearts, and for
ever difoblige them in the higheft Degree.
4/&/X, ' It will make all the antient and new
Nobility and Peers of England lefs dependent on
the King, and lefs complying to ferve his Ends
upon all Occafions ; being never able to gratify or
reward them, though ever fo ambitious, with any
new Honours or Peerftiips, without Confent of both
Houfes of Parliament ; whom they dare not dif-
pleafe or difoblige, for fear of croffing them in their
defired Dignities and Titles, as well as in their
great Offices, which are both now in their Dif-
pofal, not in the King's alone.
X 4 « In
(/) See Caikfi Stand Injlltutn, cap. 19.
328 The Parliamentary HISTORY
j. Z4 car. I. c }n brjef . The if jng, in this Conceflion, hath
/ manifefted the greatett Humiliation and Self-denial
December, tnat any King, fince there was a Kingdom in the
World, hath done. It is and hath been the antient
and undoubted Prerogative of all Kings in the
World, but efpecially of the Kings of England^ to
confer Honours and Dignities of all Sorts, efpe-
cially Knighthood, on whom they {hall think meet,
and more principally on thofe who have merited
it by their Gallantry in the Field, as Mr. Selden
proves at large in his Titles of Honour, and others
who have written on that Subject. Now for the
King', out of a Defire only of a happy Peace and
Settlement, not only to part with much of the
Royal Prerogative, which all other Kings in the
World enjoy, for. the future ; but to repeal the
Honours nnd Titles conferred by him on his Ad-
herents, for Reward of their Services in Times
paft, during al] thefe Wars, is fuch a Miracle and
high Degree of Self-denial, as no Age hath pro-
duced the like ; and that which moft of this Houfe,
had the King prevailed, would have rather loft
th-jir Lives, (had they conferred any fuch Titles on
their Generals and Commanders) than have con-
defcencled to, had the King required it ; and there-
fore I cannot a^ree with thofe over-cenforious
Gentlemen, who fo oft inculcate this, That they
can fee no Hun.iliatk n at all or Change of Heart
in the King, when I find fo great a Change and
deep a Humiliation in him in this, and all other
aForernentloriec! free ConcelTions, without any or
Ihth Hefitation ; and I heartily with their own
Hearts were as much humbled as his, and then I
doubt not but they would thankfully embrace, and
reft fully fatisiied with, his Conceflions for their
own and the Kingdom's Benefit.
' The ne^t Proportion, tending to the Peace
and Settlement of the Kingdom, is this :
' That the King do give his Royal Aflent to
fuch Adi: or Acls for the raifmg of Monies for the
Payment and Satisfying of the public Debts and
4 Damages
^ENGLAND. 329
Damages of the Kingdom, and other public Ufes An. *4 Car. L
as fhall hereafter be agreed qn by both Houfes of 1648.
Parliament ; and if the King do not give his Aflent December,
thereto, then it being done by both Houfes, the
fame (hall be as vaiid, to all Intents and Purpofes, The Proportion
as if the Royal Aflent had been given thereunto. J^ fofXyM
To t; is Propofition the King hath condefcended, Of public Debt»,
fo as thofe Acls be pafled within two Years after Arrears, &c.
the Treaty ended ; which the Houfes have voted tofe^^
be fatisfaclory.
' This Propofition fecures all Monies lent upon
the Public Faith ; all Arrears clue to Officers and
Soldiers ; yea, all Monies advanced by any who
have purchafed Bifhops Lands, for their Lofies by
Reverlions after ninety-nine Years, or any prefent
Rents, to be referved to the Crown for the Ufe of
the Church, (with which thofe Members who have
purchafed fuch Lands, or advanced Monies upon
them, declare themfclves moft unfatisfied) and all
thofe who have fuftained public Lofles ; Yea, if
the King denies his Royal Alient thereto, it ena-
bles both Houfes to make a valid Act of Parlia-
ment without the King in this Cafe, and in the Cafe
of the Militia likewife ; which was never challenged
by, nor granted to, both Houfes in any King's Rt i^n
before ; and takes away the King's Negative Voice
as to thefe Particulars, which thofe, who conclude
the King's Anfwers unfatisfaclory, have fo much
contended for ; yet now ftand in their own Light,
in not accepting of thefe Conceflions as fatisfr.&ory,
which ftrike at the Negative Voice.
4 The next Conceffion of the King's for the The Court of
Settlement of the State, is the taking away of the Wards, Tenures
Court of Wards, and of all Wardlhips and Tenures ^Srii with
in CapitC) or by Knights Service, which draw on the Advantages
Wardfliips, Premier Sciiins, Liveries, and fuchtheriof>
like Incumbrances, to the intolerable Vafialage
arjd Prejudice of the Nobility and Gentry of Eng-
land, and great landed Perfons ; and that only
upon giving the King and his Succellbrs 100,000 /.
yearly for Gompenfation, being one principal Part
of his Royal Revenue.
1 This
3 3° *?be Parliamentary HISTORY
A"' 7 £ar< I§ * ™s Conceffion is of fo vaft Confequencc to
t^r ijt the Kingdom, to enfranchife the Subjects from the
December. Norman Yoke of Bondage, (as fome ftile Ward-
fhips and Tenures in Capite, though others deem
them more antient than William the Conqueror)
that our Anceftors never enjoyed the like : It ex-
empts Men's Heirs under Age, and their Eftates,
from being made a Prey to hungry Courtiers, or
Committees, over-reaching them and their Eftates :
It exempts them from being married to any againft
their free Confents, without any fmgle or double
Forfeiture of the Values of their Marriages, to
which they were formerly liable ; from Marriages
to Perfons of fmall, or none, or broken Fortunes,
and different Difpofitions, which have ruined many
Families ; from many chargeable Suits, Expences,
and exceffive Fees and Gratuities to Efcheators,
Feodaries, and all Sorts of griping Officers in the
Court of Wards ; and from vaft Expences and
extraordinary Vexation in rinding and traverfing
Offices, fuing out Liveries, &c. and many Suits
and Queftions arifing thereupon, which have un-
done too many : And it deprives the King of
fuch an over-awing Prerogative over the Perfons
and Eftates of the Nobility and Gentry, which
ufually fell into his Cuftody after every Tenant's
Deceafe, as will very much weaken his Intereft
in, and their over-much Dependance on him ; and
make them lefs fubjecl: to engage for or with him
againft ths Parliament's or Kingdom's common
Intereft.
SLnSJoT1 * The next Proportion relating to the Kingdom's
linquents, how Safety and Settlement, not fo immediately and di-
f<ir|""fei*. *venrec~tly as any of the former, is that which concerns
Delinquents ; in which alone, as to the State, the
King's Anfvvers are pretended unfatisfa&ory ; not
in all, but only in fome Particulars, of no extra-
ordinary Concernment, in my Apprehenfion, tho*
fo much infifted on by many, as to vote all the
Treaty unfatisfa&ory. In opening the State of the
King's Anfwers to this Proportion, I (hall do thefe
three Things :
^ENGLAND. 331
< I fhall (hew how far the King and you
are both agreed.
Secondly, « In what Particulars you really or ^~
r « i I«IT» UcCeifiDcr*
feemmgly differ.
Thirty, « I fhall examine whether thefe Diffe-
eences herein be of any fuch Moment, as to induce
the Houfe to vote the Anfwers to this and the other
Proportions upon the whole Treaty unfatisfa&ory ;
and fo reject and lofe whatever the King hath
granted in the reft, becaufe he hath not fatisfied
cur Demands in this one, and two others concern-
ing the Church.
* For the Firft* Both Houfes, by their Votes,
have thought this Propofition touching Delinquents
fo needlefs to be infifted on, in every Pun£tiiio, for
the Public Settlement, (which will certainly more
obftrudl than promote it, Mercy and Moderation
beina; the neareft Way to Peace and Union) that
you have reduced, fince the Treaty, the Perfons
excepced in the firlt Qualification both from Life
and Compofition, from thirty-feven to feven only ;
fix of thofe are beyond the Seas quite out of your
Power (f), the feven th, aged, fcarce worth your
Execution (g). The King confents that they fliould
be banifhed during the Pleafure of both Houfes,
whjch is a civil Death ; Banifhment being, next to
Death, the fevered Punifhment, and, to fome Men,
m.ore grievous than prefent Execution : But if that
will not fatisfy, then he leaves them wholly to your
Juftice, to proceed againft them, if you pleafe, ac-
cording to Law ; and promifeth not to interpofe
nor pardon any of them if legally condemned ; only
he adds, ex abundanti, That he cannot, in Jttflice
or Honour, ajjent to any Aft to take away their Lives
by a meer Legijlative Power, ex pojl Fafto, if they
have done nothing that was formerly capital by the
known Laws of the Land, by which he leaves
them to be tried. This Anfwer many Gentlemen,
who have fpoken, have concluded very unfatisfac-
tory,
(f) The Marquis of Nnocaftle, Lord Diglv, Sir Marmadukc Lang-
Jale, Sir Richard Greenville, Sir Frtncit Doddington, and Sir Job*
Byon.
(Z) David jftn kins, Efy one of the Wtltb Judges.
''The Parliamentary HISTORY
tory, and made many large Defcants on itj becaufc
they did not rightly weigh nor underftand it; when
„ 'rT~ as, in Truth, it anfwers the very Propofition in
Tcrminis, as I {hall clearly manifeft to all who un-
derftand what Law is.
i/?, ' It is apparent, that one of the firft Quar-
rels and Caufe of taking up Arms, on our Parts,
was to bring Delinquents to condign Punifhment,
according to the Laws and Statutes of the Realm (/?),
as you have declared to the Kingdom in many
printed Declarations ; and in your Petitions to the
King, you always defired him to leave Delinquents
to the Courfe of Juftice, not to cut them oft" by a
meer legiflative Power, when as you could not do
it by any known Law.
idly, < You have profeffed to all the World, and
to the King and Delinquents themfelves, that you
have taken up Arms to defend and preferve the
antient fundamental Laws and Liberties of the
Kingdom, and to oppofe the Introduction of any
arbitrary and tyrannical Power ; yea, yourfelves
and the Army likewife have declared again'ft all
extraordinary Proceedings and Trials in the Lords
Houfe to fine or imprifon, without any Indictment,
of legal Trial by Jury or Verdict, according to
Magna Chnrta and the Common Law : Therefore
your bringing Delinquents to Punifhment for Life
and Eftates, which is the firft Branch of this Pro-
pofition, muft be intended only of a juft and legal
Trial, as yourfelves have always profefled, not by
a new Law in the Pojlea : And if fo, then the
King, in cafe you will not reft fatisfied with the
feven excepted Perfons Banifhment, is content to
leave them to your Juftice, even for Life and
Eftate, according to the known Laws of the
Realm ; and will no ways interrupt your Proceed-
ings therein, nor pardon them : Therefore in this
he fully confents to the Propofition.
* But it hath been objected, i/?, That the King
denies to yield them up to Juftice, or to have any
Hand in their Profecution ; and therefore his An-
fwer
(i) See Vol. XI. p; 309, 4*7, 431; alfo Vol. XII. p. 147.
of ENGLAND, 333
fwcr is unfatisfa&ory : 2^/y, That this Expreflion, An. 24. c.ir, I.
That be can neither in Jujiice nor Honour confint to l6^-8-
any Atf for to take away their Lives or EJiates, is as D v .
hi^h a Juftification of them, and his own Caufe,
as poHible, and contradictory to the firft Propo-
Gtion ; and declares the King's Heart to be ftill the
feme and unchanged.
^ ' To which I anfwer, I/?, Both thefe are fuch
grofs Miftakes and Inconfequences, that I wondet
how any Intelligent Man can infift upon them :
For the King, in pofitive Terms, if you will not
accept of their Banifhment, yields them up to a
legal Trial, in which himfelf muft be the Prcfe-
cutor ; the Indictment being in his Name, the Pro-
fecution at his Suit by his Counfel at Law, and the
Witoefles produced on his Behalf, as all Men
know, who underftand what belongs to a legal
Trial. Therefore, to infer from the King's Anfwer,
that he difclaims all Profecution of them, is a direct
Contradiction and Falfhood.
2dfy., ' The King's very Condefcenfion to their
Banilbment, and Forfeiture of their Eftates, for ad-
hering to his Caufe, and putting them upon their
legal Trial, is an exprefs Difavowal of his awn
Caufe as juft, and an Acknowledgement of its
Badnefs and Illegality ; and if the Parliament
Ihould yield up thofe, who have acied for and ad-
hered to them, to Banifhment, Confifcation >of
Eftatc, and a legal Trial for their Lives, I am cer-
tain the Objeclors themfelves would proteft tbart
therein they had betrayed their righteous Caufe, and
xlderted their beft afFccted Friends.
3^//j', ' Expreffiim fticit cejfiirc taciturn ; the King
having, in direct Terms, jufritied your Caufe and
War as juft, in the firft Propofition ; acknowledged
thofc Perfons exempted in this, and treated for, un-
der the very Name and Notion of Delinquents, to
be fuch, in this very Proportion ; and confented to ,
their Banifhment and Lois of Eftatty cannot, with-
out apparent Abfurdity, be averred to juftify them
and their Caufe in this his Anfwer, which yields
Jhem up to the ftricleft legal Juftice, as Delinquents.
*?he Parliamentary HISTORY
4'tbly, c Thofe Words of the King, fo much ex^
cepted againft, That he can neither in Honour nor
December. *Juftlce confent to any A£l to take a^vay their Lives}
who have aEled any Thing by his Command^ ufed and
intended by him only in relation to his regal Con-
fent to a new Law to condemn them ex pojl FaSloi
where there was no Law before, are fo far from
any Exception, that, for my Part, I mould have
held him neither juft nor honourable had he omit-
ed this Exprefiion. For can it be juft and honour-
able for a King to engage Men in his Service by
fpecial Commifiion or Command, when there is
no known Law to make their Obedience criminal ;
and yet afterwards to give his Royal Afient to a
fubfequent Law to take away their Lives^ and for-
feit their Eftates, for obeying his own Royal Com-
mands ? Suppofe we were now in the King's Con-
dition, and he in ours, and he mould prefs you to
confent to a new Law to make all thofe who have
a&ed for you, and by your Commiffions, in this
War, Traitors, and to lofe their Lives and Eftates
for it, when there was no former Law to punifti
them ; would you not all give the felf fame An-
fwer as he doth, that you could neither in Honour
nor Juftice, nor yet in Point of Confcience, ccn-
fent to fuch a Law ? And would not yourfelves
and all others proteft, you had neither Juftice nor
Honefty in you, mould you be fo bafe and perfi-
dious as to condefcend unto it, to betray all thofe
you had engaged, and to give them fuch a Requital
for their Services ? Would any Perfons ever after
honour, ferve, or tiuft you, (hould you do it ? Or
could you, or any other, honour, truft, or ferve
the King in any dubious Employment after this, if
he fhould thus unworthily, ex pcji FaElo^ betray
his own Party now ? This Anfwer therefore of
.his, clearly difcovers to us, that there is yet fo
much Juftice and Honour in him, as for no Fear
or Danger to ccnfent to fuch an unjuft and un-
worthy A£l, as by a new Law to cut oft" the Heads
of thofe himfclf engaged in his Service, when there
^/ENGLAND, 335
V?as no Law extant then to do it ; and makes it more An. 24 Car. I.
fatisfadlory unto me, than otherwife, and {hews he^
doth not diflcmble, but is real in his Anfwers ; and
I fhall fooner truft and believe him now, than if he
had contented to fuch an unworthy A61.
,5//;/y, * This Anfwer is both juft and honour-
able ; becaufe if the King ftiould aflent to a new
A6t to forfeit their Lives and Eftates, he would
condemn them raihly and unjuftly without hearing
their Defence or Evidence ; and for the King to
condemn any for Traitors by a Bill, without hear-
ing the Canfe or Evidence againft them, or to make
Men Traitors by a Law fubfequent to their Of-
fences, is neither juft nor honourable, in every juil
Man's Judgment ; and of very dangerous Prece-
dent, as Sir Edward Coke (i) informs us, the Lord
Cromwell, the Inventer of fuch Acts of Attainder,
being the firft that loft his Head by this new In-
vention.
' * All which confidered, there is no rational Man
but muft conclude the King's Anfwer unto this
Ilranch touching Delinquents, to be fully fatis-
fadtory even to your own Demands, as well in
Words as Subftance, notwithstanding the Objec-
tions againft it.
' * But admit the Anfwer as bad as any have
made it, (hall we therefore conclude it fo unfatis-
fadlory as to break oft" the Treaty upon it, and
involve the Kingdom in another War, of which
no Man can know the End or I due ? God foibjd
we fhould ever be fo unadvifed. The Perfons
whole Lives you defire for a Sacrifice to Public
Juftice, arc but feven in Number ; fix of them out
of your Power in foreign Parts, where a new War
will not reach them ; the feventh an aged Man,
who may chance to die before Judgment or Exe-
cution pafs againft him ; you have all their whole
jEftates at your Difpofal already, and their Pcrfons
too by way of Bani(hmcnt, during both HouK ;
Plcsfure ; and will you adventure another liven
Years War, and the Lofs perchance of 70,000
Men's
(/'} Faurtb Injlitute, cap. i. p. 37, 38.
'The Parliamentary HISTORY
An. 24 Car. I, Men's Lives, and as many Millions of Treafure«
^ ( to the Ruin of the Kingdom, for the bare Lives of
Dwember, (even Delinquents only ; or, in Truth, of one
alone, who is fully in your Power, which you may
take away by a legal Trial without a War ? Will
not all the Kingdom, nay all the three Kingdoms
and the whole World, cry out upon you for fuch a
frantic unadvifed A& as this ? Yea, and for fuch
an unjuft and wicked Refolution, to hazard the
Lives, and (bed the Blood, of many thoufand in-
nocent and gallant Men to take away the Head of
one, or only of feven, vile Delinquents ; the fpa-
ring of whofe Lives will more conduce to Settle-
ment, and real Unity, than their Deaths by the
Ax of Juftide ? (k) For fhame then let us not vote
the King's Anfwer to this Branch of Delinquents
fo unfatisfa£tory, as to break off and' Id'te all upon1
it, fince I have proved it fully fatisfe&ory in all
Things to your own laft Demands.
1 As to the Delinquents fpec/fied in the feconJ
and third Qualification, the KSnjg and you are fully
agreed. Beildes, the King confents to the Exclu-
fion of the Delinquents, fpecified in the firft Qua-*
h'fication, from fitting in Parliament, being of hte
Councils, coining within the Verge of his Court,
bearing any Office, or having any Employment in
the State, during the Pleafure of both Houfes,
Thus far you are both agreed 5 only he defiresthis
Mitigation of their Penalty, in cafe they (hall of-
fend herein, that they may not be guilty of High
Treafon, and uncapable of any Pardon, and forfeit
all their Eftates ; nor that thofe who (hall return
from Banimment without Leave, may incur fo high
a Penalty, but a more moderate, fuitable to the
Law they (hall offend* And, to break only upon
this Excefs and Extremity of Punimment, (too
high even in many wife Mens Opinions for fuch
Offences, and of dangerous Precedent to Pofterity,
it being the Wifdom of our Anceftors, to make as
few (I) new Treafons as poffible, as being only for
the
(*) z Cb-on, xxviii. 10, to 16.
(/; Raftalls Abridgement, under the Tide 7Vc<*/i0.
^ENGLAND.' 337
the King's Advantage and People's Prejudice) when An. 24 Car. r.
a lefler Penalty may as well, and fooner too, pre- l64&-
Vent the Mifchief, is neither fafe nor prudent. ^ _ - — r
« As for the Compofitions of fuch Perfonsj the >er''
King only defires their being moderated, if you think
fit, even to fuch Proportions as the Army itfelf, in
their Propofals made in Auguft, 1647, thought rea-
lonable (tfz) j and if you pleafe not to grant it, then
he leaves them to compound at fuch Rates as you
and they fhall agree ; and thofe are only fuch as
you have already fixed on in former Compofitions,
from which you will not vary ; and in cafe they
will not compound at your Rates, you have then
the Benefit of all their fequeftered Elrates till their
Compositions be madCj which is your Benefit and
their Lofs. Therefore, in this, though forrie have
been pleafcd, without any Colour of Reafon, to af-
fert the contrary^ you are both fully accorded.
' To the Delinquents in the fifth Qualification ;
the King confcnts to all your Defires, with this
Exception only, that fuch delinquent Minifters,
who are not fcandalous in their Lives or Doc-
trine, and are already fequeftered, may enjoy the
third Part of the Profits of their Livings, for the
Support of them and their Families, and be ca-
pable of future Preferments, if they be thought fit
to enjoy them. This fome have concluded very
unfatisfa&ory, becaufe it craves fome little Favour
for malignant Minifters : But I befeech you con-
fider how inconfiderable the Difference is, and
how juft and charitable the King's Requeft is in
their Behalf. Yourfelves, both by Ordinance and
common Practice, grant the full fifth Part of the
Profits of fequeftered Livings to the Wives and
Children of fequeftered Minifters, as well in cafe
of Scandal and Infufficicncy, as Malignity : The
King deiircs only that fuch who huve been fe-
queftered meerly for Malignancy, and -are not fcan-
dalous, may receive a third Part ir.ftccul of u fif"th ;
and, for their future Encouragement, having fpcnt
VOL. XVIII. Y their
(m) Thefe ate |U«n, at Urge, JD our Sixtc«alh Volume, p. »!»•
338 72v Parliamentary HISTORY
An. Z4- Car. I. their Time in fitting themfelves for the Miniftiy,
l64s> j and being fit for no other Calling, and having loft
December, their former Livings, he requefts only that, in this
Scarcity of able Minifters, they may be capable
meerly of future Preferments, for which they fhall
be adjudged meet, in fuch a Way as you (hall ap-
• point, not he or they : A juft, a charitable Re-
queft, and that which yourfelves have done, there
being many able godly Minifters of imminent Parts
and exemplary Lives, who have not been fo clearly
convinced in Point of Conference, as to concur with
you in the late Wars, for which they have been
fequeftered, and have fince been better fatSsfied ;
and God forbid that fuch fhould be made utterly un-
capable of the Miniftry, and they and their Families
fhrve for Want of Bread. I befeech you there-
fore, of all other Things, let us not break with
the King upon this Act of Charity, of Piety, left
all the World condemn us for Uncharitablenefs,
and judge the King to be more pious and chari-
table than we. And no doubt it will be the ereateft
Charity to ourfelves, to our Church, our Religion,
our Kingdom, at this Time, rather to clofe with
the King in this Particular, than hazard all for a
few third Parts, and to be as charitable as his
Majefly. The more Charity we (hew, the greater
Unity, Peace, Amity, aiid better Settlement we
may expect.
The King's * But the greateft Diflatisfa&ion of all, referred
Son8toS°em" to this Head °f Delinquents, is in the King's An-
MarquisofOr- fwers concerning his prefent recalling of the Mar-
mond to treat qUjs of Qrmond's Commiflion to treat with, and
' unite, the Aijfc Rebels.
' To which I anfwer, iy?, That this was no
Part of the Propofitions firft fent, but a collateral
Emergent, difcovered fince the Treaty, upon Col.
Jones's Letter («) ; and fo the Unfatisfaclorinefs of
the King's Anfwer, as to this alone, can be no juft
Caufe or Ground to vote the other Anfwers unfa-
tisfaclory, or to break off the Treaty.
t') In this Volume, p. 114.
cf ENGLAND. 339
2<//y, ' The King's granting of this Commif- An. 24 car. I.
(ion to Ormond, at the Time he did it, is no fuch l648'
heinous Thing as many have made it, all Circum- December,
fiances confidered. The King, when the Army
would not clofe with him upon their own Terms
the laft Year,, (who treated with him without your
Privity, and againft your Orders, even then when
they unjuftly impeached the Eleven Members for
holding fetret Intelligence with him and his Party,
of which themfelves were only culpable) was {hut
up clofe Prifoner in Canjbrooke Caftle, in the Ifle of
Jfright, by their Procurement (0} ; and by the Votes
of both Houfes (/>), proceeding originally from the
Officers and the Army's Projection, promoted by
their Declaration and Engagement to join with the
Houfes in fettling the Kingdom without and againft
the King (7), and forcibly parted the Lords Houfe
by the Army's garrifoning Whitehall^ and billeting a
Regiment of Horfe in the Mews, to terrify them
to a Concurrence with the Commons (rj, quite laid
afide like a dead Man out of Mind, and no more
Addreffes to be made to him by the Houfes, or
from him to them ; and no Accefs of any to him
under Pain of High Treafon, without both Houfes
Licenfe: The King, in thefe Extremities, the
better to procure his own Enlargement and the
Kingdom's Settlement by a Treaty, grants a Com-
miflion to the Marquis of Onnond to unite the Irijh
Forces, then divided, for the forefai.l Ends. Ex-
tremities certainly put honeft and vviie Men too, as
the Army's Friends grant, upon hard Shifts for
Self-prefervation ; and fuch Extremity put the King
upon this of Ormond (5).
* The King is Flefh and Blood as well as we,
and Nature teacheth him to ufe the beft Means hs
may for his own Prefervation and Deliverance in
fuch a Strait : The Army, the laft Summer, rcfufed
to difband or fufter any of their Forces to go
Ireland, to preferve and fecure that Kingdom, on*/
from this Ground of Self-prefervation, upon which
Y 2 they
(,) Vol. -XVI. p. 33?. f. 490. (g} If.-:.1.
(r} Ibid 493. (') In this VJijmf, p. ia6 tj 280, (forftm.
340 %fa Parliamentary HISTORY
An. 24. Car. I. they would now enforce you, by their Remon-
1048 ' i ftrar>ce and marching up to your Doors with their
December. Forces, to break off the Treaty j or vote it wholly
unfatisfaftory ; whence moft Gentlemen that differ
in Opinion from me have made this their fole or
chief Argument that the King's Anfwers are unfa-
tisfa&ory, becaufe the Army would elfe not be fa-
tisfied. If then your own Army may thus difobey
your Votes, and force your Confents, only upon
a Pretence of Self-prefervation and Defence, when
they are in no vifible Danger, the King, by as good
or better Reafon, in this Extremity of Danger,
might juftly make Ufe of OrmoncTs Endeavours for
his better Safety and Enlargement. And if fome
Members have affirmed in this Houfe, as hath
been alledged in this Debate, That they would join
with Turh or the worft of Nations, and call them
in to their Afliftance, rather than the King fhould
come in by Conqueft; then the King, by like
Reafon, might join with Ormond and the Irijh^
rather than be thus laid afide and deftroyed. And
what we ourfelves would do in his or the like Con-
dition, we cannot juftly blame in him.
3/A^, c The King did never abfolutely deny the
recalling of Ormond's Commifiion, but only fu*
fpended it till the Treaty ended ; and if you then
clofe with him, you have his Engagement pre-
fently to revoke it; if then you agree with him
upon this Treaty, your Demand in this is granted,
and the Danger prevented ; but if you will not
agree at all, it is very hard Meafure to prefs the
King to a prefent Difadvantage, who is like to re-
ceive no Advantage by you ; nothing being obli-
gatory on either Side till all be concluded.
* In fine : The King hath fo far condefcended to
fatisfy you in his final Anfvver, as to write a Letter
toOnnond, to fufpend the Execution of his Com-
miflion for the prefent, and engaged to revoke it fo
foon as you and he agree in future ; and more than
this, as the Cafe ftands, we cannot well in Juftice
require, and welhould hardly grant fo much were
it our own Cafe as it is the King's: And
4
cf ENGLAND. 34r
all our Dangers may be prevented by our Agree- -An. 24 Car. I.
ment with the King, and this Demand then fully t l6*8-
granted, there is no Reafon to vote this unfatisfac- December
tory, uhen we may have ail we defire, if we pleafe
ourfelves. However, J fee no fuch Difference be-
tween the King and us, in this of Qrnuttdiad that
of Delinqents, as to vote the final Anfwers to
thern and all the rert unfatisfaclory j and fo to lole
England^ diurefied Ireland, and all the former
Concefiions, for an inconftderable Diffatisfaclion
in thefe two Particulars.
« The laft Propofition relating to the Security of
the St.ue, is,
* That the City of London Jhall enjoy all their The Propofiticn
Rights, Liberties, Franc'oifes and Ufages, in rai- concerning Lon-
fmg and employing the Forces thereof, far itt
fence, in as full and ample Manner as they ufed and k
enjoyed it heretofore : That the Militia of the City
and Liberties the --f of Jhall be in the Ordering and
Government of .be Lord Mayor, dldermen, and
Common Council, or fuch as they Jhall Appoint, to it
employed and directed as both Houfes Jhall direct ;
Jo as no Citizen, or Forces of the City, Jhall be com-
pelled to go out of the City or Liberties for Military
Service, without their own free Confint : That an
A<3 Jhall be paffed for the granting and confirming
of the City's Charters, Cujioms, and Franchifes, no:-
withjlanding. any J^snufer, Mifufer, or Abujcr ; and
for Confirmation of all Bv^-Laius and Ordinance?
made or to be made by the Lord Mayor, Aidermcr.,
and Common Council, concern;;;? the calling, con-
vening, and regulating their Common Council : That
the Tower of London may be in the Government of
the City, and the Chief Governor thereof nominated
and removcable by the Common Council; and all Props -
Jitions, which JhaH be further made (*•. <: !>y
both Houfcs Conjtnt, for iht future H'eifare and
Government of the City, confirmed by Act sf Par-
liament.
* To all which the King hath full/ confcnted,
fo as his Anfwer thereto cannot be votrd ur.Citif
faclory by any, but fuch who envy tlv; City'
Y 3 and
342 The Parliamentary HISTORY
An. 24. Car. I. an(J Security, that themfelves may the better feize
v '^' j and trample on it, to its Enflaving and Ruin.
December. ' This Conceffion is, firft, a great Honour to,
and Justification of, your Caufe (/) ; the City hav-
ing beeji more cordial to, active for, and bountiful
towards, you upon all Occafions and Exigencies
than all other Parts of the Kingdom , the Har-
bourers, the Relievers of all who have fled from
the Enemies Tyranny thither for Safety or Relief;
yea, the only Treafury to advance Monies upon
all Exigencies, and thole to whom, under God,
you principally owe your Victories' and Preferva-
tion. Now, for the King to honour the City with
fuch Conceffions as thefe, which hath been moft
hurtful to, and deepeft engaged againft, him in
this War, is almoft as high and full, if not a
/ . greater, Justification of, and Countenance to,
your Caufe, as his Confent to the firft Propofi-
tion.
idly, ( A great Satisfaction to the City for alj
their Services and Expences, and a firm Security
againft all future Fears and Sufferings for engaging
fo deeply in your Caufe.
3^/y, ' An extraordinary Engagement to the
City, faithfully to adhere to you and all fucceeding
Parliaments upon the 'like Caufe and Occafion,
and to other Corporations to do the like.
^thly, * A great Security and Advantage to the
whole Kingdom, whole Weal and Safety princi-
pally confift in London's Welfare, its principal Ma-
gazine, Mart, Bulwark, Refuge, and Military Se-
curity both by Sea and Land j wherewith the
whole Kingdom ftands or falls. Had the King
once gained, London in thefe Wars, the Parliament
and all England had been quickty loft, without
Hopes of Recovery : which will be in a fee u re or
recoverable Condition at all Times, if it be fafe
and true to the Public Intereft, from which fome
' huve ftudied of late to difengage it j to ruin it and
the Parliament too, which were always free from
* im-
(/) Vol. XII. p. 247- Vol. XIII. p. 193. AJfo Fi.JIwJi-1 Col-
ieFiuxi in 2-varto, \. 45 j ar.d Jn Foliof p. ji ar.d 49$«
of ENGLAND. 343
imminent Danger whil/r. cordially united, and near An. *•. car. /.
to both their Ruins being now disjointed. j64&.
' Mr. Speaker, I have thus, as briefly as I could, V *
with Difcharge of my Confcience and Duty, run
thro' all the Proportions which concern the Security
and Settlement of our State againft the Kind's arm-
ed Violence, or exorbitant Civil Sword or Preroga-
tive, and other Particulars relating to its Peace ancP
Safety, with the King's refpective Anfwers there-
unto ; and, for mine own Opinion, I humbly con-
ceive them fo fully fatisfa&ory, and abundantly fuf-
ficient for our Weal and Safety againft all future*
Dangers and Encroachments on our Liberties, that
if we conjoin them with thofe other A&s the King*
hath already confented to this Parliament, we can
neither defire nor expedl any Additions to make us
more compleatly happy and fecure than any People
or Kingdom under Heaven.
« The King hath already, by Acts of Parlia-
ment, condemned and fuppreired Ship-Money ;
his own Monopoly of making Gunpowder and Salt-
petre; Fines for Knighthood; Impositions uponMer-
chants Goods, Tonnage and Poundage, without
Grant by Parliament ; Coat and Conduct-Money ;
Foreft Bounds and Laws, the grand Grievances un-
der which we groaned heretofore ; fa as we need ne-
ver fear their Revival, nor any others of that Na-
ture; efpecially fmce we have the Nomination of all
Great Officers and Judges, the chief Promoters of
them. Befides, by Act of Parliament, he hath for
ever fupprcfled the Bifhops fitting and voting in Par-
liament, a great Difadvantage to him, they com-
monly voting what he pleafed, and being wholly at
his Devotion ; together with the three grand op-
preffive Courts and Shops of Tyranny, Oppreflion,
and Injuftice in the Kingdom, (the great Terrors of
Men's Spirits, the Invaders of their Rights, Mem-
bers, Liberties; the chief Enlargers and Maintainers
of an unlimited Prerogative, and Authors of all our
late illegal Projeds and Preflures) the Star-Cham-
ber, the High Commiflion and Council Table ;
the King's chief Engines to fcrew up his Prero-
gative to the highcft, and lay his Subjeds lowcft ;
Y4 to
244 The Parliamentary HISTORY
An. * 4- Car. J.t3 which a Fourth is fmce added in this Treaty,
l648- ^ the Court of Wards: All which being totally abo-*
v"~"~^b<r lifted, the King hath now no Court nor Inftrument
left, that I can think of, whereby to injure or
opprefs his People as in fo'mer Times. The Op-
preffions likewife and Extortions of the Stannary
Courts, and of the Clerks of the Market, are rec-
tified by A£ts this Sefiion ; yea this Parliament,
by Act, perpetuated, without any Power in the
King to adjourn and diffolve it, till all concur to
diflblvc it by an Act of Parliament ; and, when
this {hall be fo determined for our future Security,
stnd Redrefs of all growing Mifchiefs which may
endanger us, there is a Provifion by another Law
for a Triennial Parliament ; with Power to fum-
mon it, in cafe of the King's Refufal, without him
or his Writ, and Authority for the Houfcs to fit
for a convenient Time, (fufficient to redrefs all
Grievances, punifh all public Offenders, and fettle
ufeful Laws) without Difiblution or Adjournment,
* To which I may add the Aft of Oblivion,
Pacification, and Union, with our Brethren of
Scotland : Upon granting of four of which Acts
alone, the Houfe of Commons, in their Remon-
ftrance of the State of the Kingdom (w), Dec. r,
1641, did, with much Thankfulness^ acknowledge^
that his Majejly had pa/fed more good Bilh at that
Time^ to the Advantage of the Subjcfis^ than have
been pa£ed in many Ages. And if he fhall now ac-
cumulate all the fore- mentioned Propofitions, turn-
ed into Ac"b, to thofe already enacted, with fome
few Laws more for the regulating of fome Grie-
vances and Conuptions in the Common Law -, the
puniQiing and retraining of fome public Mifchiefs
;tnd Crimes, and Punifnment of Extortions, (which
will be readily aflented to, there being no Lofs nor
Prejudice to the Crown in palling them) we may,
through God's Blefling, in all human Probability,
if our Sifts deprive us not of fo great a Felicity, be
the freeft, happieft, fecurefr, moft flourifhing, and
bell: ordered Kingdom and People in the World ;
and enjoy fuch Privileges and Immunities as our"
Anceftorj
' («0 Vo?. X. p. 56, ttjd.
of ENGLAND. 345
Anceftors never fo much as once imagined, much An. 2^ Car. J.
Jefs afpired after. And if we will not now reft fatif- v l6*8'
fied, and thankfully contented, with all thefe large Dc«ember.
extraordinary Conceffions, and blefs God for this
Tender of them to our Hands, the prefent, and all
future Ages, will chronicle us for the moft unrea-
fonable and ungrateful Creatures that ever fet with-
in thefe Walls, or the World produced fmce the
Creation.
* Mr. Speaker, having now at large demonftra- the Satisftao-
tcd, I hope to every rational and honeft Man's Con- rinefs of the
viclion, the Satisfa&orinefs of the King's AnfwersKin8** Anfw«w
to all our Proportions relating to the Safety and Set- J^JSi
tlement of our State, I fhall, in the next Place, pro- the Church and
ceed to thofe Propofitions and Conceflions which Religion.
concern the Peace, Settlement, and Security of our
Church and Religion, wherein there appears the
greateft Difficulty ; the moft whereof I (hall di-
fpatch with greater Brevity than the former.
* There are there Things efpecially which may
endanger and difturb the Peace and Settlement of
our Church and Religion i
Fir/1, c Popery, Popifh Corruptions and Inno-
vations, introduced by Jefuits, Papifts, and fuper-
ftitious Clergymen popifhly addicted.
Secondly, ' Profanenefs.
Thirdly ', * Prelacy : And one chief Thing to
promote Religion and the Church's Happinefs, the
Propagation of the. Gofpel, by fettling preaching
Miniftcrs throughout the Kingdom, and eftablifli-
ing the public Worfhip and Church-Government
in fuch Sort as is moft agreeable to God's Word.
* For all thefe there is fufficient Ground in the
King's Anfwers to our Propofitions concerning
them, to vote them fatisfaclory, as I humbly ap-
prehend and hope to manifcft.
* For the firft of thefe Dangers to our Church Propofitiom »nd
and Religion ; there is as good Security and Pro- Conccflioni •-
vifion granted us by the^King, as we d'id or could ¥^?0* Po-
defire, even in our own Terms.
i/?, « He hath fully confented to pafs 'an Acl,
for the more effetiual disabling of 'Jffuits, Paptjisy
tjnd Popijh RecttfaMts, from dijiurbirtg the State,
and
346 . T7oe Parliamentary PI i s T o R Y
An. 24 Car. I. and eluding the Laws ; and for the preferring of at
^648. ^ new (jail) for the morefpecdy Difcovsry and Conviffioti
December °f ^ecufants-
'idly, ' To an Aft of Parliament, For the Edu-
cation of the Children of Papiftst by Protejian.ts^ in the
Prate/] ant Religion.
•$dly, <• To an A6t, For the due levying of the Pe-
nalties again/I Recufants, and difpofeng of them as both
Houfes Jhali appoint.
tfhly, « To an A&, Whereby the Praftices of the
Papijls againjl the State may be prevented, the Laws
again/I them duly executed, and aftricler Courfe taken
to prevent the faying, or hearing of Mafs in the Court %
or any other Part of the Kingdom ; whereby it is made
Treafon for any Prieft to fay Mafs in the Court
or Queen's own Chapel ; and fo no Place left for
the laying of Mafs throughout the Kingdom, no,
not in the Queen's own Chamber.
yhly, < To an Act, For abolijhing all Innovations^
Popijfj Superftitions, Cfrcnjonies, Altars, Rails, Cruci-
jfixes. Images. Piflures^ Copes, CroJJes^ Surplices ',
frejlmcnts, Bowings c.t the Name of Jefus, or towards
the Aliar^ &c. out of the Churchy and to prevent the.
Introduction of them for ''he future.
6 By all which A6b, added to our former Laws
^gainft Recufants, I dare affirm we have now far
better Provifion and Security againft Papifts, Jefuits,
Popifh Recufants, their Popifh Pictures, Innova-
tions, Superftitions and Ceremonies, both for our
Church's and Religion's Safety, and States too,
than any Proteftant Church, State, or Kingdom
whatsoever j fo as we need not fear any future
Danger from Papifts and Popery, if we be careful
to fee thofe Conceflions duly put into Execution,
when turned into A6ts, and our former Laws.
' Secondly, ( Againft the Growth and Danger of
galnftPiofanc- _, r / ' , . & , . n . . r . .
^, frofanenefs ; his Majefty hath condelcended to an
Act of Parliament, as large as can be drawn,
againft all Profanations whatfoever of the Lord's
Day, with fevere Punijhments for the Profaners of
it in any Kind ; and againft all fuch as Jhall write or
preach againjl its Morality and due Observation :
And likewife to an A6t, to be framed and agreed
upon
rf ENGLAND. 347
upon by both Houfes of Parliament, for the reform- An. 24 Car. It
»/£ an.i relating both Univer/ities, and of the Col- ^
leges of Weftminfter, Winchefter, rtw^Eatorv, the December.
Seminaries of Learning ?.nd Education of Youth,
to ferve and rule in our Church and State. By
which two Grants, if duly executed, all Impiety
and Profanenefs which can endanger oar Church
2nd Religion, will eafily be fwppreflfed for the pj
lent, and prevented for the; future.
Thirdly, c A gain ft the Danger and Revival of And the Revival
Epiicopacy, and the Appenda^--* thereqnto belong- cf Piclac)''
ing ; the Kiivj; hath clearly condefcended to theft?
particulars in T'er minis :
I/, < To an Act, Far the AboKtim of all Arck-
bijhips. Chancellors^ Gotitrruffaries, Deans and Sub*
Deans ^ Deans and Chapters^ Archdeacons^ Canons^
Prebendaries , &c. and ail other Epifcopal^ Cathe-
dral, or Collegiaie Officers both in England, \Vales,
and Ireland ; and to the Difpofal of all their Lands
and PoJJeJJions for fitch Ufet as the Hvufes Jhall think
meet : So as there ]•> no .Fear at all of their Refur-
reclion to difturb our Church. All the Queftion
and Difference now bet-.vixt the King and Houfes
is only concerning the Office and Power of Bifliops,
and their Lands and Po'i-ilions; in which two I
find moft Members declare ihemfelves to be unfa-
tisfied •, efpccially thofe who hixve purchafi:d Bifliops
Lands, who arc: very zcaioiu in that Point for their
own Interests.
' For the clearing of thcfe two Scruples, I {hall
examine and iebate ihele two Particular^ :
' Firji, c How far the King hath contented to the
Houfes Proportions for the aboliftiing oi the Office
and Jutifdiclion of Bifhops in the Church.
Secondly^ ' How far he hath eondefcended to the
Sale and Difpofal of their Lands and PoiVeffions ;
and whether his Conceflions in both thefe be not
Sufficiently fatisfadlory, in the Scnfe I have ftated
the Q^ieftion in the Beginning of this Debate. ^.he QjHHon
' To the firft of tht-fe ; it is clear that the King, ftated. as t« the
in his two laft Papers, hath abolifhed and extir- ^'n
pated that Epifcopacy and Prelacy wliich we in- fi^c
5 tended,
348 *flx Parliamentary HISTORY
An. 24 Car. I-tended, and have fo earneftly contefted againft j and
^^ __j contends now for no other but an Apoitolical Bi-
December. &op> which is but the fame in all Things with an
ordinary Minifter or Prefbyter ; which Bsfhop, be-
ing Apoftolicai and of Divine Inftitution, we nei-
ther may, nor can, nor ever intended to abclifh
by our Covenant.
4 To make this evident to all Men's Confciences :
The King hath yielded to take away all the Power
and Jurisdiction whatfoever exercifed by our Bi-
fjhops, in point of Cenfure or Difcipline, in his
former Anfwer ; and contends for nothing now but
their Power of Ordination only ; and that not folely
veiled in the Bifhop, but in him and other Prefby-
ters jointly ; yet fo, as the Bifhop fhould have a
Negative Voice in Ordinations ; but the Houfes
voting this unfatis factory, becauie that the Bifhops,
for three Years during the Continuance of the Pref-
byterian Government, fhould have the chief Power
of Ordination, and after thofe three Years the fole
Power, there being no others vefted or intruded
with that Power after the three Years expired, fo
as Bifhops might by this Means creep in, and get
up again by Degrees as high as ever : Thereupon
the King, in his final Anfwer hereunto, tho' not
fully fatisfied in point of Confcience but that the
Power of Ordination is principally vefted only in
Bifhops by Divine Authority, hath yet, for our Sa-
tisfaction, thus far condefcended to us :
I/?, * That for three Years next enfuing, during
the Prefbyterian Government, no Bifhops fhall at
^11 exercife this Power of Ordination in the
Church.
2dly, * That if he can be fatisfied in point of
Confcience within that Time, upon Conference
with Divines, that this Power of Ordination, fo
far as to have a Negative Voice in it, belongs not
upon Apoftolicai Bifhops by a Divine Right, then
he will fully confent to the utter Abolition, even
of this Power of Ordination in the Bifhops.
^dfyy ' That after the three Years are expired,
if th,e Eying can neither fatisfy his Houfcs in point
of
of ENGLAND. 349
of Confcience, nor they him upon Debate, that this An. t4. Car. I,
Power of Ordination belongs Jure Divino, to Bi-
(hops , that yet the Exercife of that Power fhall be
totally fufpended in them, till he and both Houfes
fhall agree upon a Government, and, by A& of
Parliament, iettle a Form of Ordination ; fo as if
both Honfes never confent that Bifhops (hall here-
after have a Hand or Negative Voice in Ordina-
tion, this Power of Bifhops is perpetually fufpend-
ed, and, as to the Exercife of it, perpetually abo-
lifhed, even by this Conceflion, fo as it can riever
be revived again without both Houfes concurring
Aflents. And by this Means Epifcopacy is totally
extirpated, Root and Branch, according to the Co-
venant, which hath been fo much prefled in this
Debate ; though the Words of it have been fome-
what miftaken, that we therein abfolutely cove-
nant to extirpate Epifcopacy ; when as the Words
are only, That we jhall endeavour the Extirpation,
of Prelacy ^ that is, of Arcbbifhops and Bi/hop^ &c.
And that certainly we have done, and in a great
Meafure accomplifhed, fo far as to fatisfy both the
Words and Intention of the Covenant, though a
concurrent Power of Ordination be left in Bifhops,
which yet is now totally fufpended : For, as we
covenant in the fame Claufe, to endeavour to rott
out Popery, SuperJIition^ Herefyy Schifm, Pfofane-
nefet and whatsoever foa II be found to be contrary to
found Doftrine^ and the Power of Godlinefs j in the
Extirpation of which I am certain we have not pro-
ceeded, by an hundred Degrees, fo far as we have
actually done in the Extirpation of Epifcopacy
(there being no Fropofition at all in the Treaty for
the Extirpation of Hcrefy, Schifm, and Errors, as
there is of Epifcopacy) ; and yet the Gentlemen,
who are fo zealous for the Covenant, pcrfuade
themfclves they and we have not violated it in thefc
Particulars ; therefore much Icfs in the Point of
Prelacy and Bimops, fince we have left them no-
thing at all but a mcer Power of Ordination, ac-
tually fufpended from any future Execution, but by
both Houfes Aifcnts.
The Parliamentary H i s T o R Y
The King,- by abolifning Archbiflhops5.
_ and Deans and Chapters^ hath alfo therein a£tu-
December. *fty abolimed all Bi&ops too for the future, ex-
cept thofe who are already made : For, by th£
Laws and Cuftom of the Realm (*), noBifhopcan
be confecrated but by an Arehbimop, or fome De-
putation from him, in cafe of Sicknefs V nor any
Bifliop made or confecrattd^ unlefs he be firft
elecled by the Dean and Chapter, upon a Conge
tTeJlire iiTued out to them to choofe one. Now,
there being no Deans and Chapters left to elect*
nor Archbiftiop to confecrate any Biihop for the
future, there can be no Bilhop at nil hereafter made
in England or Ireland, and fo the Biihop being
thereby abolimed and extirpated, his Power of Or-
dination muft be deftroyed with his Function, as
well as fufpended,
' All which confidered, I cannot but conclude
the King's final Anfwer, as to the Office of, and
Ordination by, Biflaops, to be compleately fatisfac-
tory to our Demands : And fo much the rather,
becaufe the King, in this Particular of Ordina-
tion, pleads only Diflatisfaction in point of Con-
fcience for clofmg with us in this feeming Punfti-
lio; and if it were not meerly Conference, (tho*
fome have over ramly cenfured it for a meer Pre-
tence to keep up Bilhops ftill) he that hath granted
and yielded us the greater, would never conteft
with us for the lefier, nor go fo far in the Aboli-
tion of Epifcopacy as he hath done. And truly^
I doubt not, but his Majefty, by Conference, may
foon be fatisfied in this Point : Nay, had his own
Divines dealt faithfully with him in the Ifle of
IVight^ he might have been eafily fatisfied in this
Particular : In which I doubt not, by God's Blef-
fing, to undertake to fatisfy him, both in Point of
Epifcopacy, that it is in all Things the fame with
Prefbytery ; and that the Ordination of Prefbyters
and Minifters, by Divine Right, belongs only to
Prefbyters as fuch, and not to Bifhops as Bifhops ;
who^
(*) See the Ordination of Minifters and Bi&ops in the Book r>*
Common Prayer, alfo Stat , i et z. Pbi!, et Mar. cap. viii.
of E N G L A N D. 351
who, for above a thoufand Years after Chrift, claim- An. 24. Ci
cd the chief, but not the fole Intereft in it ; not by
Divine Right and Authority, but meerly by Ca-
nons and Cuftom long after the Apoftles Times ;
which I have proved at large long fmce in my Un-
bijboping of Timothy and Titus ; which none of the
Bifhops, or their Patrons, ever yet attempted to an-
fwer, though I particularly challenged them to do
it.
Only this I fhall now fay, in brief, for fome Sa-
tisfaction in the Point, to other Members :
I/?, ' That there is no one Text of Scripture to
prove that Bi{hops,y#tt? Divino, are diftinct from
Prefbyters in any Thing, much lefs in this Parti-
cular of having a Negative Voice, or fole or prin-
cipal Intereft, as Bifhops fo diftinguifhed, in the
Power of Ordination ; but a direct: Text to the con-
trary, i Tim. iv. 14. to omit others.
idly, c That the Pretence of appropriating Or-
dination to Bimops, diftincl: from Prefbyters, by
Divine Right, is grounded upon thefe two grofs
Miftakes, that Timothy and Titus were Bimops
properly fo called, the one of Ephefus, the other of
Crete , and that this Power of ordaining Elders was
vefted in them, quatenus Bimops only, and not
otherwife, by Divine Inftitution. For Proof of the
firft, the Poftfcripts of Paul's Epiftles to them
(and not one Text of Scripture) are cited ; and the
I Tim. v. 22. Tit. i. 5. relating only to Ordination,
for the latter. But it is as clear as the Noon-Day
Sun, by Scripture, that Timothy was never a Bi-
fhop properly fo called, much kfs the firft or fole
Bifhop of Ephcfus, as is evident by fundry Texts,
efpecially by Acls xx. 4, 5, 6, 15, 17, 18, 28, 29,
30, 31, compared together ; nor Titus a Bimop,
properly fo termed, diftincl: from a Preibyter ;
much lefs the firft or fole Biihop of Crete : Nor do
either of thofe Texts prove that they had the Power
of Ordination by Divine Right vefted in them two,
merely as Bifhops, diftincl from, or fuperior to,
Prefbyters, as I have undeniably manifefted in my
Unbijboping of Timothy and Titus. And as for
the
352 <fbe Parliamentary H i s t o £ *
An. 14. Car. I. the Poftfcripts to thefe Epiftles, terming Timothy
ordained frjl Bijhop 0/Ephefus, and Titus o/ Crete,
they are no Part of the Text ; but firft extant in, and
invented by, Qectihienius (y] (not the moft authentic^
Author) above 1050 Years after Chrift, and an-
nexed only to the End of his Commentary on thofe
Epiftles, not adjoined to the Text ; and they are not
only omitted in moft Manufcripts and printed Edi-
tions and Tranflations of thefe Epiftles, but appa-
rently falfe in themfelves, as I have at large de-
monftrated in fome printed Books : Therefore this
Point of Confcience may foon be fatisficd.
3<#y, ' That no Bifhops, for 1200 Years after
Chrift, did ever claim the chief Power in Ordina-
tion by any Divine Right, as Bifhops ; but meerly1
by Canons or Cuftom lorig after the ApoftleS : And
that in the primitive Times, before any Reftri&iori
by Councils, Prefbyters in many Places did not only
ordain Minifters arid Deacons without Bifhops,
and Bifhops never but jointly with Prefbyters ; but
Jikewife ordain Bifhops themfelves, as Jerom, Epi»
phaniuS) Augujline^ and others aflure us (z) ; and
fometimes joined in the Confecration and Inftalment
even of Popes themfelves and Archbifhops, for
Defea of Bifhops.
4/£/;', ' That it is the conftant Tenet of all the
emtnenteft Proteftant Divines, and fome learned
Papifts tooj and the Pradice of all the Reformed
Churches, that the Divine Right of Ordination
belongs originally to the whole Church ; but mi-*
nifterially to Prefbyters, as fuch ; not to Bifhops
as Bifhops (a] ; and that which undeniably clears it
wp to me, is this, That in the New Teftament,
we find both Apoftles, fome of the Seventy Dif-
ciples, Evangelifts» and Prefbyters equally ordaining
Elders or Prcfbyters ; but not any one who is once
in Scripture ftyled a Bifhop, either conferring Or-
ders
(j>) This I have fully proved in my V»l>fitpi*g *f Timothy and
Titir. And 7L-i Awfrtby c/Englifli frtlacy to Unity and Mafiarcbjt
part II. cap. ix.
(z) See my Unit/hoping tf Timothy and Titus, where this is largely
proved.
(f) Ibid, aad in Gerfon, alfo Butcrut de Gubernet. Ecc!ef;ic.
r/ ENGLAND. 353
dcrs upon any, much lefs eo Nomine & y^rf-> as An< 2*" Car- r-
a Bifhop : And, fmce the ApoftJes Times, we find, v I( ' ,
in point of Ufe and Practice, Popes, Patriarchs, December.
Archbimops, Metropolitans, Cardinals, Abbots,
in fome Places, (who are not Jure Divtno, nor
Bimops properly fo called, but diilinguifhcd from
them in Degree) ordaining Prefbyfers and Mini-
fters, as well as Bimops, quatenus Bimops ; and
that never by themfelves, but all by the Prefbyters
joint Concurrence then prefent; who, by the fourth
Council Of Carthage^ the Canon Law, the very
Canons of Trent alfo, and our own Book of
Ordination and our Canons, ought alfo to join
with them in the Ordination : Now, all thefe di-
ftinct Orders and Degrees claiming and exercifing
this Power by a Divine Right, and mdny of their
Functions being confefled not to be of Divine
Rig-t, as Popes, Patriarchs, Archbimops, Metro-
politans, Abbots, and Choral Biftiops, who yet
ordain; and thefe always neceflarily calling Pref-
byters, who are clearly of Divine Right, to join
with them in their Ordination, and not doing it
alone, is an unanfwerable Proof to me, that they
all concur in this Action in no other Right or No-
tion at all, but meerly as they are Prefbyters, in
which they all accord, and have one and the fame
Authority ; not in their own Capacities, wherein
they are all difcriminated, and are not all of divine*
but only of human, Inftitution ; Prefbyters, qua.
Prelbyters, being the propereft Perfons to ordain
others of their own Degree and Function, as Doc-
tors of Divinity, Law, and Phyfic, in the Univer-
fities, create Doctors of their fcvcral Profcffioris,
and Bifhops confecrate Bifhops and Archbimops ;
even as a Man begets a Man of his own Quality
and Degree, and all other Creatures generate there-
of their own Kind, without the Concurrence of
any other diftinct Species paramount to them.
4 As for the Angel of- the Church of Ephcfu>\
much infifted upon in the Ifle of Wight, to prov?
an Epifcopacy, "Jure Divino Jiftin£t from Prefby-
tery, I never read that this Angel ordained any
VOL, XVIII. Z Prcfbv-
354 c^}e Parliamentary HISTORY
An. 14 Car. I. Prefbyters, either quatenus Angel or Bifhop ; noi
v [6^' , find I the Name of a Bifhop in any of St. John's
December. Writings, but the Title of a Prefbyter or Elder
very frequent, by which himfelf is ftyled : And I
wonder much the King or his Bifhops fhould now
fo much infift upon this Angel, and aflert him to
be a Lord Bifhop, not an ordinary Minifter.
* For, i/?, King James (m) himfelf and all the
Sifnops of England^ with thofe learned Men em-
ployed by them in the laft Tranflation of the Bible,
in the very Contents prefixed to this Chapter,
Rev. ii, refolve the Angels of thofe Churches to
be Minifters, in thefe very Words, What is com-
manded to be written to the Angeh, that is, the
Alinijicrs.(\\ot Bifhops) of the Churches of Ephefus,
Smyrna, <y'c. If then the Angels, by their joint
Conceflions, when thefe Contents were firft com-
pofed and prefixed, were only the Minifters, not
Bifhops, of thefe Churches ; and this hath ever
iince been conftantly admitted, confefled, and pub-
lifhed to be fo even in our authorized Bibles, ufed
in all Churches, Chapeis, Families, and printed
cum Privilegio, five or fix Times every Year, with-
out any Alteration or Difallowance of this Expofi-
tjon, I marvel much how the Bifhops now dare
inform the King that thefe Angels certainly were
only Bifhops, but not Minifters diametrically con-
trary to thefe authorized Contents of their own or
PrcdecefTors affixing, with learned King James's
Approbation ; or how his Majefty, when he knows
it, can believe them, though they fhould aver it,
againft his own Father's and the whole Church of
England's Resolution, which hath fo long received
and approved this Tranflation, excluding all others
in public, and thefe Contents thereto prefixed.
idly, c Admit this Angel of Epbefui to be a
I>iocefan Bifhop, diftindt from an ordinary Pref-
byter, yet he was but an Apoftate, who had left
his firji Love, Ver. 4. And if Timothy, as they
iiJTHin, was fole Bifirop of Ephefust he muft be
the
(n /' See my Ast; fatly of tic Englift Prelacy, Part II. p. 4.79 t .
of ENGLAND;
ihd Apoftate, being at that Time living, unlefs he
Jcfigned his Office to fome other $ which is im-
probable. And for our Bifhops to father that December.
Divine Right of their Prelacy upon an apoftate
Angel, is no good Divinity, and lefs Policy at
this Inftunt. And this their rotten Foundation
upon an Apoftate, may^ probably, be the Ground
why fo many Prelates, in this and former Ages,
have turned Apoftates after they were created
Bifhops.
3///y, * If thofe Angels in the Revelations were
really Lord Bifhops, then certainly the Elders
therein mentioned can be no other thaji Prefbyters,
not Bifhops, as the Prelates themfelves will grant :
And, if foj then verily the Prefbyter is the Supreme
of the two, both in Point of Dignity, Miniftry, and
Precedency, which is very obfervable : For, frjty
I find the twenty-four Elders, there mentioned*
fitting upon twenty-four Seats round about Chrift's
Throne, and neareft to it (n), but the Angels ftand-
ingj not fitting, round about it and them, with-
out any Seats at all provided for them, as inferior
Attendants (o). Secondly^ I find thefe Elders not
only fitting on Seats next Chrift's Throne; but
likewife clothed with white Raiment, and having
on their Heads Crowns of Gold, (the Emblem of
fupreme Authority, Power, and Honour) (p) where-
as the Angels had neither white Raiment nor
Crowns j fo it feems Bifhops had no Lawn
Sleeves, nor Rochets, nor Mitres then, though
they have fince ufurped and robbed the Prefbytcrs
of them.
4tbfy9 c Thefe Elders, not the Angels, arc there
always introduced wormiping and falling down
before Chrift's Throne, holding Harps and golden
Viols in their Hands full of Odours, reprefcnting
the Prayers of the Saints, and fmging the new
Song to him (q), as the principal Officers and Mini-
Iters of Chriit j when as the Angels ftanding by,
Z 2 a«£t
(n) R(T. iv. 4. xi. 16. — (•) Ibid. v. IT. vii. jr.
,*' laid. IT. 4, 10, it (yj IM. v. 8, 9. xi. 16, J-, 18-
3 56 *fhe Parliamentary HISTORY
An. 24 Car. I. a£l or fpeak little ijrthefe Kinds, like our late dumb,
l648- j unpreaching, and rarely-praying Prelates.
' December 5^'» ' ^^e twenty-four Elders, not the An-
gels, fing this new Song of Praife to Chrift, Wor-
thy art thou to take the Book^ &c. (r) and haji made
us Kings and Pr/V/?j, not Angels or Bifhops, to God
tke Father ; and we, not the Angels, that reign on
fa Earth. Therefore, in all thefe Refpetfs, if
the Angels, in the jfptlcalypff) be Bifliops, as cur
Prelates dream, the Elders muft of Necefllty, Jure
Di-vinoy be their Superiors and Lords Paramount
in Point of Dignity, Honour, Sovereignty, and
Miniftry ; and they inferior in Jurifdiction and
^ower unto Prefbyters, not fuperior, as they would
really make themfelves. When his Majefty (hall
be informed of thefe, and many other Particulars
of this Kind, I doubt not but his Confcience will
be fo much fatisfied, as wholly to forego and lay
afide his pretended Apoftolical Bifhops, both in
Point of Function and Ordination too, as being
the lame with Prefbyters : And ftnce, in his lall
Paper but one, he hath profeflfed to retain no other
Bifliops but fuch as are Apoftolical, he muft pre-
fently quit all thofe about him, and their Pofleflions
too, fmce neither of them are Apoftolical ; the Apo-
ftolical Bifliops being always many over one Church
or Congregation (s), not one over many Churches,
or a whole Diocefe, as ours are ; and having no Pa-
laces, Manors, Lands and PofFeflions, as I (hall prove
in the next Particular, which comes to be now de-
bated, having fully cleared this to be fatis factory.
And how far his t for ^e fecon(] Queftion, concerning the Sale
of B.fhops Lands, How far the King hath condc-
forSaleofBi- fcended to it, and whether the King's Anfwers to
flM>s Lands' the firft Branch of that Proportion be fatisfaflory
in the premifed Senfe ?
' I confefs I find this the grand and moft fwaying
Argument of all others, ufed by thofe who differ
from me in the Treaty as not fatisfactory, bccaufe
the King abfolutely refufeth to agree to the Sale of
Bifhops
(r) Re--, v. 9, ie.
(t) ,#7jxx. 17, *S. —Pbil. i. i.—<ITt< i. 5, 6, -,,
of ENGLAND. 357
Bifhops Lands, for the Satisfaction of thofe Public An. 24 car. I.
Debts for which they are engaged by both Houfes j l6^-
whereby Purchafers and Lenders upon that AfTu- rj^fvmbcr ^
ranee will not be only defrauded, but cheated out
of their Debts and Purchafes, many of them quite
UP-',, r-e and ruined, and the Honour and Public
I a of both Hoiiles for ever forfeited and laid in
the Duft. And indeed this is a very fenhble />r-
g/unent, efpecially to fuch Members who have
t>urcrufed Bifhops Lands, or advanced Mo-
iiies upon their Security, very fit to be fully an-
fwered ; which I {hall endeavour to do, I hope, to
their full Satisfaction and Content.
4 I confefs it to be mod juft and equal, that ail
who have purchafed Bifhops Lands, or advanced
Monies to the State upon them, (hould receive full
Satisfaction, and be no Lofers by it, but rather
Gainers. And^ I could have aj heartily dc fired as
any Member of this Houfe, that the King, in this
Particular of Bifhops Lands, had given us plenary
Satisfaction ; the rather, becaufe I was employed
by the Houfes as one of the Contractors, though
without my fceking, and to try Prejudice, by
neglecting my Calling ; and receiving, as yet, not
one Farthing Salary for it, though I have fpent and
loft fome Hundreds of Pounds in and by that Em-
ployment ; and had the King really done it, I pre-
fume few Members of this Houfe, now of a dif-
ferent Opinion, would have voted his Anfwers to
the whole Treaty unfatisfa&ory : But to take
them as they are,
I ft, ' The King hath jo far condcfcendcd t9 their
Sale and Difpofal^ made or to be made^ as that //•/
.J?ur chafers JlwU, by Act of Parliament^ enjoy a Lfnfc
of tbem^ not from the Bijhops tbemfehest but from the
Crown^ for ninety-nine Tears Space ; referring only
the Reverfions afterwards to the Crown, and that for
the Ufc of the Church in general Terms.
2dly, ' The King will be content with the Rff^-
vation only of the old or fome other moderate 7v<v.Y, to
him and his Heirs, to be employed only jcr the Church'?
Ufe and Benefit.
Z 3 3<%,
3 5 8 *Tbe Parliamentary HISTORY
An. z4 Car. I. S^ly, * That, for the abfolute Sale or Alienation
v l648v _ ; of them, he cannot, in point of Confcience, confent unto
D e^ ^' as being Sacrilege, and an unlawful Atf in the Opi-
nion of all Divines^ as well in foreign Reformed
Churches as dome/lie.
' This, as I remember and conceive, is the Sum
of his Majefty's final Anfvver to this Propofition.
' To examine thefe Particulars a little in the
general, and then by Parts.
i/?, ' I muft make bold to inform you in the
general, that the King, and his Predeceffors Kings
of this Realm, were the (d) original Founders of
all our Bifhopricks, and Patrons of them ; that all
their Lands, Rents, and Revenues whatfoever, ori-
ginally proceeded from the Crown and Kings of
England, of whom they are holden ; and that, in
Times of Vacancy, the King enjoys the Profits of
their Temporalities as a Part of his Royal Revenue,
and receives both Tenths and Firft Fruits out of
them upon every Death or Tranflation of the
Bifhops ; and therefore there is very great Reafon,
and Juftice too, they fhould be ftill held of the
Crown, and not totally tranflated out of it; and
that the King and his Succeflbrs fhould receive
fome reafonable Revenue or Compcnfation out of
them, parting with fuch an Intereft, in Recom-
pence for them.
idly, ' That in the feveral Treaties with the
King, in February 1642, and July 1646 (e), all
the. Lands, Pofiefftons, Rents, and Reverlions,
both of Archbifhops and Bifhops, and likewife of
Deans and Chapters, an4 other Officers of Ca-
thedral and Collegiate Churches, were, by A6t of
Parliament, to be fettled in the very real and acr-
tual PofTefTion of the King, his Fleirs and Succef-
fors, for ever, to their own proper Ufe ; except
only their Impropriations, Advowfons, Tythes,
and Penfions, which are not now to be fold : And
that the Ordinances for fettling of Bifhcps Lands,
Rents,
(</) See Cscdwint Catalogue of English BIJhops. Raflairi Abridg-
ment ; Title Bijbops, Fir/1 Fruits, and Tenths.
(<0 In our Twelfth Volume, p. 1475 and in our Fifteenth Vo-
tuiiie, p. 20.
of EN GLAND. 359
Rents, and Poflcflions in Feoffees, and engaging An. a* Car
and felling them for the Monies lent upon the Pub- l64«-
!,ic Faith, and alfo for raifmg 2co,ooo /. for dif-
banding of the Scots Army, patted not the Houfes
till Otfober and Nwcmhzr 1646 (f) ; till which Time
there was no Thought nor Intent at all to fell or
alienate them from the Crown. If then the Kin^,
in two or three former Treaties, by both Houfes
full and free Confent, and a Bill pailcd by them for
that Purpofc, was to enjoy to himfclf, his Heirs
.and SuccefTors, all the Demefne Lands, Manors',
Pofleffions, Reverfions, Rents, Inheritances, and
Revenues of Arehbifhops and Bimops, and lilce-
wife of Deans and Chapters, Prebends, and the
4ike, it feems to me very juft and rcafonahle that
he fhould demand and enjoy the Reverfions of them
after ninety-nine Years, and fuch a moderate Rent
as he and both Houfes fhall agree on ; and that this
Anfwer of the King's, wherein he demands fo little
now, only for the Church's Ufe and Benefit, not
bis own, fhould be fully fatisfa&ory, becaufe we
were very well content, in former Treaties, that
he and his Heirs fhould enjoy the whole., to their
own Ufe only.
3^//p, ' That near one Moiety of the Archbi(hopr.
and Bifhops Pofleflions and Revenues confifts in Inv-
propriations, Tythes, Pcnfions, and the like) which
the King is content wholly to part with for the
Increafe of Minifters Means, and Benefit pf the
Church, without any Rcfervation or Recommence ;
and with all Deans and Chapters Lands and Re-
venues to boot : Therefore it (hould be unfatis-
fac~lory or unreafonable in no Man's Judgment,
for the King to referve fome Intercjft in the Revet -
fions and Rents only of their Uemcfnc Lands.
4tbfyt « The Kijig demands the Reverfions of
the Lands after ninety-nine Years, and fomc prc-
fent moderate Rent, not for the Ufe and Support
of the Bifhops, and to keep a Root for them to
grow up again in our Church, as hath been mif-
jaken by fome, (Archbilhops, and Bimops too, bc-
Z 4 ing
(/) In our Fifteenth Volume, p. 158, 9.
j6p *flpe Parliamentary HISTORY
A-n. 24 Car. I. jng extirpated, Root and Branch, by the King's fot-
, l *8' , rner Anfwers, as I have manifefted) but only for
December. tne Ufe of the Church, in fuch Manner as the King
and we (hall agree to fettle them ; who fhall take
Care that no Bifhop fhall be a Sharer in them, all
being to be fettled in the Crown alone, and no-
thing in Reverfion, .or Pofieffion, in or upon the
» Bifhops.
$thlyt « The King copfents. That the Purchafers
of Bifhops Lands fhall, by A6t of Parliament, have
a Leafe of them for ninety-nine Years, referving
the Reverfion only after that Term ; which I con-
ceive is no ill, but a very good, Bargain for the
Purchafers ; fuch a Leafe by A61 of Parliament,
being far better than the whole Inheritance by a
bare Ordinance of both Houfes j which, for ought
I know, if not confirmed by a fubfequent A6t of
Parliament, will prove little better than a Tenancy
at Will, or a Leafe fo long only as this Parliament
continues ; Ordinances of both Houfes only, with-
out the King's Royal AfTent thereto, being a new
Device of this prefent Parliament, to fupply feme
prefent Necefiidcs for our necefiary Defence and
rrefervation, during the King's Abfence and Hofti-
lity, never known or us'd in any former Parliaments,
whatever hath been conceived to the contrary :
Therefore this Offer of the King's is no Prejudice
at all, but a great Advantge, to the Purchafers,
wherewith they {hould reft fully fatisfied. But
admit it be any Lofs at all to them, and not rather
a Gain, asThings now (rand in our tottering Condi-
tion, yet it is only of the Reverfion of thefe Lands
after ninety -nine Years, worth not above one Quar-
ter or Half a Year's Pui chafe at the utrnoft ; which,
confulering the low Values at which Bifhops Lands
were fold, and the cheap Rates that moft Pur-
chafers gave for Bills of Public Faith, with which
they bought 'them, they may be well content to
lofe, to fccure their Purchafes for ninety- nine Years
in thefe tumultuous and fluctuating Times ; when
fome wife Men, who have made fuch Pur-chafes,
would very gladly give two or three Years P archaic,
if
cf E V G L A N D. 361
pf not more, at the AfTurance Office, to any who An. 24. car. I.
\vill infure their Eftates in Bifhops Lands for ib long
a Term, and think they had a good Bargain too j
at leaft-wife far better than the Bifhqps, in cafe
they fhould revive again, as fomc fear,_who muft
be kept ftarving for nine-nine Years in Expec-
tation of a dry Reverfion. All which confidered,
the King's Anfwers touching fuch Reverfions, I
humbly conceive, will be very fatisfadlory to the
Purchafers of Bifhops Lands themfelves, who are
inoft cifpleafed with it^
' As to that which hath been obje&ed, That
Tome have purchafed Reverfions of Bifhops Lands
after ninety-nine Years in being, who muft abfo-
lutely lofe their Purchafe- Money after this Ratej
which is neither juft nor honourable for the Parlia-
ment :
' I anfwer, That this is but the Cafe of three or
four only ; that their Purchafes are of no confuler-
able Value, nor bought fmgly by themfelves, but
jointly with Lands or Rents in Poflefiion of good
Value ; in which they had the cheaper Purchafe to
take off the Reverfion after fo long a Term ; which
Lofs in the Reverfion they may contentedly under-
go to purchafe their own and the Kingdom's Peace,
and enjoy what they have purchafed, with thefe Re-
vcrfions, in PofTeffion, without Trouble or Eviction
by Act of Parliament, for ninety-nine Years Space;
or receive other Satisfaction from the King and Par-
liament to their Contentment, in fuch Manner as
I fhall prefently inform you.
btbfy, « To that concerning the prefent Rents
which the King demands out of Bifhops Lands,
which flicks moft with Purchafers, many of them
having purchafed nothing but Rents, and others
more Rents than Lands in PofTefnon, which Rent:,
muft all be loft, if they muft pay the old Rents o~
ver to the King to their Undoing ; which would be
both unjuft, unconfcionable, and di (honourable t<>
fheHoufes, upon whofe Affurance and Engagement
to enjoy their Bargains, they were induced both
to lend Money on, and to purchafe thefe Lands
4 . after.-
3%e Parliamentary HISTORY
I. afferwards ; and would be no better than plain
Cheating, and render them odious to all the World,
fome have objected :
' I will not anfwer this with caveat Empter, but
defire. them to pbferve that the King, in his Anr
fwer, doth not peremptorily require the Bifhops
old Rents during the ninety-nine Years ; but only
disjunctively, either the old Rents, or fbme other
moderate Rent to be agreed on ; and if only a mo-
derate Proportion of the old Rent be paid to the
King, the Purchafer is fure to enjoy the Refidue du-
ring the ninety-nine Years ; and fb his Purchafe-
Money not totally loft, as is objected. Betides,
the King will not referve thefe Rents to the Ufe of
himfelf or the Crown ; but only to the Church,
and Maintenance of the Minifters, in fuch Manner
as he and his Houfes (hall agree in the Bill for fet-
tling thefe Lands in the Way propounded by him ;
which Offer opens this juft and honourable Way
for the Houfes to give all Purchafers of Bifbops
Lands and Rents full Satisfaction, both for the Lofs
of their Revertions after ninety-nine Years, and for
the prefer. t Rents which fhall be referved to the
Crown, out of Bifhops Lands, to the Church's
Ufc ; which I believe the King and Houfes will
readily confcnt to j and that is, to fettle, by Act
of Parliament, fo much of the Dean and Chapters
tlemefne Lands and Rents upon the Purchafers, as
the Lofs of their Reverfions, after ninety-nine
Years, and prefent Rent to the Crown, fhall a-
mount unto upon a juft Computation : By which
Means the Purchafers, by way of Exchange of
Deans and Chapters Lands ?.nd Rents for thofe of
Bifhops, fhall have fuch full and fatisfactory Con-
tent, even in Kind, as will clear the Honour, Juf-
tice, and Reputation of the Houfes fair Dealings,
in this Particular, throughout all the World ; and
give the Minifters full Satisfaction likewife, for the
Augmentation of whofe Livings and Maintenance
the Deans and Chapters Lands and Rents are de-
figned, by fettling the Reverlion and Rents re-
ieived to the Crown out of the Bifhops Lands, for
the
of E N G L A N D. 3$3
tjie Church's Ufe, upon thofe who fhould have en- An. 2+ cir. I.
joyed Deans and Chapters Lands, thus fettled on l64s-
the Purchafers by Exchange : which being of equal VT^ """""""'
Value, can be no Lofs nor Prejudice to any.
* This is fuch a vifible and real Satisfaction to
all Purchafers, as none of them can juftly open
their Mouths againft, being both for their own Se-
curity and Advantage, and the Kingdom's Settle-
ment': But if any of them diflike this real Satif-
faclion, which the King, no doubt, will yield to,
there is another Means provided by this very
Treaty for their Satisfaction j and that is, by ready
Money for whatever they (hall lofe by Bifhops
£.ands in Pofleflion or Jleyerfion, by this Referva-
tion to the Crown ; which I am fure they neither
will nor can refufe in Juftice or Equity j they hav-
jng the Bifhops Lands conveyed to them only by
way of Mortgage or Security, for Monies lent
upon the public Faith ; and the Houfes, by. the
Te;ith Article of this Treaty, have Time, with-
in two Years Space, by Act or A<£b, to raife any
Sums of Money for the Payment of the public
Debts of the Kingdom, whereof the Monies lent
upon Bifhops Lands and the public Faith are a
principal Part; and the fame Juftice of the Houfes,
which hath already provided, by feveral Ordi-
nances, a iufficicnt Recompence and Satisfaction
for Purchafers oj Bifhops Lands in Cafes of Evic-
tion, or pf emergent Charges and Incumbrances
difcovered after the Purchafes made, may be a fuf-
ficient ATTurancc to them of the Houfes Juftice,
that they will give them as good or better Satisfac-
tion by one of thefe two Ways I have here pro-
poundedj for any Thing they fhall part with to the
King or Church for the Settlement of the King"
tlom's Peace'.
•Jthlyy ' It hath been the folcnin Protcftation and
Declaration of both Houfes of Parliament, in .ill
their Remonftrances to the King, Kingdom, and
foreign States, That they have taken up dcfcnfive
Arms aga'mft the King's Party only for the Miiitite-
nance of Rilighn, Lcivs, Libertict, &c. and to bring
Ddin-
364 -*fhe Parliamentary HISTORY
• 2* S-ar' ' Delinquents to condign Punifoment. Now Bifhops
1040. T jf i r» T • • i
. i lianas and Kents, 1 am certain, are neitnr our.
ecember. Religion, Laws, nor Liberties, and I think they
are no Delinquents, tho' moft Bifhops are. And
fhall we now, after feven Years War, and fixty
Days Treaty, make Bifhops Lands, which for five
Years Time or more of our Wars were never
thought of, the fole or principal Caufe at leaft of
cur prefent Breach with the King, and the only
Ground of a new War ? God forbid. Will not all
the World then juftly cenfure us for notorious Hy-
pocrites and Impoftors, pretending one Thing and
intending another ? Will they not then fay, that
Bifhops Palaces and Lands were the only l^eligion
and Liberty we have fought for, the only Delin-
quents we have brought to public Juftice and Exe-
cution ? That we would never have fupprelfed
Archbifliops and Bifhops, nor entered into a So-
lemn League and Covenant, with Hands lifted up
to Heaven, to endeavour to extirpate them as Anti-
chriftian, but only to gain and retain all their Lands
and Revenues ; and never condemned their Func-
tions, but only to feize on their Poflfflions ? And
that we muft now maintain an Army upon their
exhaufted Purfcs and Eftates, only to defend thefe
Purchafers Titles to the Bifhops Inheritances ? If
fo, for Shame, let us never break off this Treaty,
nor ruin two or three Kingdoms, upon fuch an ab-
furd Diflatisfa&ion as this. And if our Purchafers
of Bifhops Lands fhall ftill refufe to reft fatisfied
with that twofold Recompence I have formerly
mentioned, and keep up an Army to maintain their
Purchafes, rather than yield to any Reafon,.! fhall
humbly move, That not the whole Kingdom, but
themfclves alone, may defray the Army's Taxes
and Quarters ; and then I am certain they will have
a dearer Bargain than what the King or I have pro-
pofed for their Satisfaction.
' And, the better to perfuade them to embrace
this Compenfation, I have only this more to offer
both to them and you, That if you break off with
the King upon this Point, or clofe with the Army,
they
of E N G L A N D. 365
they are moft certain to lofe all ; for a bare Orui- A». a+ Car. i.
nance of both Houfes is no legal Title, nor good t ^ ' A
Security againft King or Bifhops, without the D^wni*!.
King's Concurrence and Royal Affent unto it ; and
valid no longer than maintained by the Sword, the
worft and moft hazardous Title of all others, which
will quickly coft the Purchafers and Kingdom
treble the Value of all the Bifhops Revenues ; ant!
if they clofe with the Army to break the Treaty,
they tell them in direct Terms in Print, in The
Cafe of the Army truly Jlated, prefented to the Ge-
neral by the Agitators of the Army, at Hampftead,
Qttober 15, 1647, p. 1 6, That whereas the Times
were wholly corrupt, when Perfons were appointed
to make Sale of Bijhops Lands ; and whereas Par-
liament-Men, Committee- Men, and Kinsfolks were
the only Buyers, and much is fold, and yet it is pre-
tended that little or no Money is received. And
whereas Lords, Parliament-Men, and feme other
rub Men, have vaji Sums of Arrears allowed them
in their Pttrchafe, and all their Monies lent to the
State paid them, while others are left in Necejffity,
to whom the State is much indebted j and fo prefent
Money, that might be for the equal Advantage of all,
is not brought into the public Treafury by thofe Sales :
It is therefore to be infi/hd on, that the Stile of Bi-
Jhops Lands be reviewed, and that they may be fold
to their Worth, and for prefent Monies for the Pub-
lic Ufe ; and that the Sale of all fitch be recalled ay
have not been fold to their Worth, or for prefent
Money.
' This Particular, among others, they profefs
they have entered into a Solemn Engagement to
profccute, and are now marched up to London ac-
cordingly to purfue it, as their late Remonftrance
and Declaration intimates, and themfelves pro-
felled by Word of Mouth ; which I defire tha
Members who have purchafed Bifhops Lands, who
are generally moft unfatisfied with the King's An-
fwers, efpccially in this Particular, fciioufly to cnn-
fider ; and then to make their Election, Whether
they will now clofe with the King's Conccllions,
366 STSff Parliamentary H i s T o R f
An. 14 Car. I. and what I have here propounded for Satisfacftori
t l64S- of their Reverlions after ninety-nine years, and
December Pre^ent Rents they may chance to part with, and
fb fecure their Purchafes for this Term by Act of
Parliament ; and have full Compenfation for what
they part with, either in ready Money, or Deans
and Chapters Lands and Rents, and fo be n9
Lofers, but great Gainers, by the Bargain ; or elfe
break with the King to pkafe the Army, and fp
be certain to lofe all between them ; not only once
but twice over : For the Agitators in the Army tell
them plainly, That all their Purchafes Jhall be re-
viewed j and if they have purchased them at an un-
der Rate, or not for ready Money, (which not one
of them hath done, but by Tickets of their own,
or bought at very low Values of others, which 'tis
like they will alfo examine) then their Sales Jhall be
alfolutely recalled, and fold to others at full Values
for ready Money ; and fo all is loft in good Earned,
or elfe they muft re-purchafe them for ready Mo-
nies at higher Values, without any Afiurance
from the King by Acl: of Parliament ; and fo
lofe them again the fecond Time, if ever he or
his Prelatical Party fhould prevail, and yet be in-
forced to anfwer and reftore all the mefne Profits
they have taken to boot* A very hard Chapter
and Bargain todigeft, if they advifedly confider it;
which, by accepting the King's Offer, is moft cer-
tainly prevented ; who, perchance, in fhort Time,
upon fecond Thoughts* and Conference with
learned Men for the Satisfaction of his Confcience
in the Point of Sacrilege, if he fhould confent
to the total Alienation of thefe Lands from the
Church, may come up fully to our Defires, and
part with the very Inheritance to the Purchafers,
as amply as they have purchafed it, rather than
leave his own and the Kingdom's Intcreft wholly
unfrttled.
* And, for my Part, I make little Queftion, that
had the Prelates and Clergymen with the King, at
the Ifle of Wight, dealt fo candidly and clearly
with him in this Particular of the Sale of Bifhops
Lands,
•of ENGLAND. 367
Lands, they might have eafily fatisfied his Con- An. 24 Car, I.
icience in this very Thing, as well as in others, ( l6*8'
from thefe Grounds and Matters of Fact, which I December,
(hall but point at to fatisfy others, who perchance
are fcrupulous herein, even in point of Conference,
as well as the King.
. ijty * The King, in his laft Paper but one, in
cxprefs Terms profefTeth, That be hath abolijhcd all
but the Apojloiual Bijhops, invefted with a Negative
Voice cr Power in point of Ordination : And, if fov
then I am certain he hath likewife abolifhed all
Bifhops Palaces, Lordfhips, Revenues, Rents, and
Pofleilions ; it being moft certain that neither the
Apoftles themfelves, nor any Apoftolical Bifhops of
their Ordination in their Days, or for above three
hundred Years after, had any Lands or Pofleilions
annexed to their Apoftlefhips, or Bifhopricks ; but
lived merely upon the Alms and voluntary Contri-
butions of the People (tf), as Chrilt himfelf, Paul,
and the other Apoftles did, as all Hiftorians ac-
cord (/»). If then his Majefty will retain none but
Apoftolical Bifhops, he muft nec^flarily take away
their temporal Lands and PofTeflions annexed to
their Bifhopricks, to make them fuch, if he hath
not already done it by his final Anfwer to this Pro-
pofition, as I conceive he hath.
2*//y, * It is generally agreed by Hiftorians, that Biftopj, in the
Conftantine the Great (our own Countryman born, Ptl'rilUV<; Times,
j r A JT- -vtu i "ad n* Revenue>'
and nrft crowned hmperor at Tork^ to the eternal or temporal En-
Honour of our Ifland, he being the firft Chriftiandcwmmti.
Emperor, and greateft Advancer of the Chriftian
Religion, and Deftroyer of Paganifm) was the
hrft who endowed the Church and Bifhops with
any temporal PofTeflions, about three hundred and
fifty Years after Chrift ; though his pretended Do-
nation to the Pope be but a meer Fable, as Dr. Crac-
ktntborp (<•), and others, have manifeftcd at large.
Now
(j) Mat. viii. 20. Luke viii. i. A<3s iii. 6. ir. 34, ^, 36, 37.
T. i, to c. x«. 34. i Cor. iv. 12. i TheC ii. 9. I'M. iv. u,
to *O. 2 Cor. xi. 7, g, 9. Cial. i. g.
(£) .
(c)
368 *Tbe Parliamentary HISTORY
An. 24. Car. J. Now Joannes Parijienjis (d)^ Nauclerus's Polychront~
l648' , con (e) ; our Englifh Apoftle, John Widliffe (f) ; our
December. noble Martyr, the Lord Cobham (g) j John Fr'ith^ £
Martyr (h) ; learned Bifhop Jewel (i), and others
out of them (£), record, That when Conjiantine en-
dowed the Church and Bifliops with temporal Lands
and Pofleffions, the Voice of an Angel was heard in
the Air, crying out, Hodle J^tnenum infunditur in
Ecclefiam^ this Day is Poifon poured into the whole
Church of God : And from that Time, fay they,
becaufe of the great Riches the Church had, {he
was made the more Secular; and; had more worldly
Bufmefs than fpiritual Devotion, and more Pomp
and Boaft outward than Holinefs inward ; Religia
peperit Divitias, & Filia devoravit Matrem ; which
our Bifliops, and Tranflators of the Bible, likewife
mention in their Epiftle prefix'd to it. And Oak-
ham (I) faith, and others obferve, That whereas all
or jnoft of the Bifliops of Rome before that Time
were Martyrs, fcarce one of them proved a Mar-
tyr afterwards ; but, inftread of being Martyrs, fell
a perfecuting and making Martyrs. And if this
Voice of the Angel, (perchance a Biftiop, fmce
our Prelates will needs have the Angels in Rev. ii.
to be Bifliops) was true, and fubfequent Experi-
ence hath found it fo, that Bifhops and Church-
men's temporal Lands, Pofleffions, and Endow-
men s, are no other but Poifon to the Church ; and
his M..jefty be convinced of the Truth of this Story,
I hope he will be fatisfied in point of Confcience*
that it is no Sacrilege, but wholefome Phyfic, to
take away this Poifon from the Church, which
hath fo much infected and corrupted it ; and would.;
in fine, deftroy it and the Bifhops too, and eat out
ail their Piety and Devotion^
(d) In Vita Sylvejtr!, Cap. xxii.
(?) Hift. lib, iv. cap. xxvi.
(f) Dialog, lib. iv. cap. xv, xvi, xvii, xxvi.
(g) Fox't A&i and Monuments, p. 517, 1522;
«£) Anfwer to the Preface of M. Moore's Book, p. Ti5.
(i) Sermon on Eaggai i. p. 176. Defence of tfae Apology, p; Vi.
cap. ix» divif. iii.
(k) Thomas Bacar-1! Reports of certain Men, VJ. III.
(1) OfusacDieruvi, tap. cxxiv.
of
E N G L A N D.
3<//y, * Moft Bifhops, long after Cohjl anting* An. 24 Car.
*Time, had very fmall or no Revenues, or Lands, and ^6^8-
no other Palaces to refide in, but poor little Cotta- r>cember
¥s ; it being all Men's Opinion in thofe Days (;«),
hat ftately Palaces belonged only unto Emperors
and Princes, and Cottages and Churrhes unto Bi-
fhops. The fourth Council of C ••>-:}: a«e(rt}^ about
the Year of our Lord 390, decreed, That the Bi-
(hops fhould have Hofiitiot-nn, a little Cottage or
Hofpital to dwell in near the Church, not a Palace.
And in the Excerp-ions of Egbert Archbifhop of
York) An. 750°, I find the fame Canon renewed
among us, as the Canon Law of this Realm; That
Biftiops and Prefbyters {hould have Hofpitiohim, a
fmall Cottage near the Church, to live in ; not a
ftately Maniion : So as our Bifhops, in thofe Days,
had no great Palaces, Manors, TemporaHti.-s; and
their very Cathedrals were built only with Wattle,
or a few Boards pieced together, and covered but
with Reed ; Stone Churches, covered over with
Slate or Lead, not being in Ufe among the Bri-
tons , Scots or Irijh, for many hundred Years, as
Bifhop L£#*r himfclf afTerts out of Bede(p}, and Ber-
nard in his Life of Malachi. And if their Cathe-
dral Churches were fo mean, their Palaces certain-
ly were but anfwerable, poor little Cottages, and
their Revenues little or nothing but the People's
Alms. St. jfugttftme9 that renowned Bifhop of
Hippo^ had but a mean Houfe to live in, his Difhes
and Trenchers were all Earthen, Stone, or Wood;
his Table furnifhed with Pulfe, Herbs, and a little
Pottage only, forthemofi: part, fcldom with Flefh ;
he had no Plate but five or fix Spoons ; and when
he died he made no Will at all, becaufe the poor
Saint of Chrift had nothing to bequeath, as Poji-
ilcnius records in his Life (q}. St. Chnfoflom^ the
VOL. XVIII. A a great
(«) Fox'i Afit and Monumentt, Vol. II. p. 609 and 6io.
(») Cratian. D,fl. 4.1.
(0) Spe/manni Coact/ia, Tom. I. p. aOr tt 463.
(p] Eulef. 11$. lib. HJ. cap. iv, v, DC BrituanU* E<t!tfi<f ?rt-
tocrdiis, cap. iv. p. 661, 736, 737, 13, 14.
cfhe Parliamentary HISTORY
great famous Patriarch of Conftantinople (r), and
Gregory Nanzianzen,\\isPreCece([or(s}, had noftate-
ty Palace, Furniture, Houfhold-Stuff, or Train of
Attendants, nor any Goods or Revenues at all ;
nor John the Almoner thai fucceeded them ; nor
that famous Spiridun, who kept a Flock as a mean
Shepherd, though a Bimop : And eminent St. Hie-
rom^ though no BiChop, yet the learnedeft and moft
famous Scholar in his Age, or any after, and of
great Repute, writes of himfelf (/), that he lived In
pauperl Tugur'iolo^ in a poor little Cottage having
Icarce Cloaths to cover his Nackednefs : So St.
Ambrofe, Biihop of Milan? was very poor ; brake
the Chalices in Pieces to relieve the poor People,
and ufed this Maxiir., GLjrisfa in Sacer'dotibus Do-
mini Paupertas («). And if chefe great Lights, Bi-
fhops and Fathers of the Church, in whofe Names
our Prelates fo much triumph, were fo poor, that
they had no Palaces, Houfes, and Temporal Pof-
feffions, as our Arc'hbifhops and Bifhops had, I can
yet tlifcern no Matter of Conference in it, why our
Bjftiops fhould have more than thefe Pillars of the
Church either enjoyed or deiired j they being con-
tent with Food and Raiment, as Paul was, and
defiring no more. It is ftoried of our ancienteft
Bifnops that I read of (#), prefent at the Council
of Arimlnum, Ann. Dom. 379, that they were fo
poor that, Inopia proprii, publico ufi funt, they
were maintained at the Emperor's public Ccft, for
Want of private Maintenance of their own ; yet
they were eminent both for Piety and Learning.
And if their Predeceilbrs were anciently fo poor, it
is no Point of Conscience to deprive our Lord Bi-
fliops not only of their Lands but Function too, for
the Peace and Settlement of three Kingdoms, now
at
(r] See his Life before his Works, tl:n. xxxiii, on Matt, xxi, on
I C:r. '
(s) NaKianyrni Orat. 3 15. Kicfpt-ari Ecelef. Hift. lib. viii. cap. 4Z.
lib. xviii.cap. 39. Socratis Ecc'uf. fti/i. lib. i. cap. 12.
(0 Epift. i.
(u) Mr. Wbtteuball, p. 44, 45, 46.
(*) Sulpitii Severi Saer. IJijl. lib. ii. 'U/eiiut de Brit. Ecclej.
PrimirditS) p. 196,
of E N G L A N D. 37i
at the Point of Ruin. When the Church of Chrift An. 24 Car. *•
was miferably rent and torn in Africa by the l648' t
fchifmatical Donatifts, who would have no Pre- December
lates and Riihops, that eminent Bifhop of Hippo,
St. Aii*uftine, and almoft 300 African Bifhops
more, were content to lay down their Bifhopricks
wholly for thut Church's Peace ; and thereupon
St. Au?uftine uttered thefe memorable Words (y}9
(which I heartily wiih all our Bifhops would con-
fider, and then they would lay down both their
Lands and Biftiopricks too for our three King-
doms prefent Peace) An vero Rcdemptor noftcr, c3Y.
JPliat, verily i did our Redeemer defccnd from Heaven
it f elf i;-to human Members, that we fnould be modi
his Members, and do we fear to defcend out of our
Chairs, left his very Members fauld t>2 torn in
Pieces with cruel Divijions ? We are ordained Bi-
Jhops for Chriftian People ; that, therefore, which
profiteth Chrijfian People to Chrijlian Peace, that
let us do concerning our Epifcopacy. Wont I am, /
am for ihee, if it profit thee ; I am not, if it hurt
thee. If we be profitable Servants, why d'j we envy
the eternal Gains of our I or d for our temporal Subli-
mities ? Our Epifcopal Dignity will be more fruitful
to us, if, being laid down, it fiall more unite the
Flock of Chrijl, than if it Jhall difperfe it, being re-
tained. If when I Jball retain tny Biftioprick, I
Jhall difperfe the Flock of Chrijt, how is this Da-
mage of the Flock the Honour of the Pajlor ? For
with what Forehead Jhall we hope for the Honour
prcmifedfrom Chrijl in the I'/orld to come, if our Ho-
nour in this World hinder Chrijlian Unity ? They
had no Bifhops Lands then to part with ; but yet,
for Peace and Unity's Sake, they were thus con-
tent to part with their very Biftiopdoms them-
felves. And will not the King then, in point of
Confcience, part \vith th'e Bifhops Lands for our .
prefent Peace, when he fhall know, or be truly in-
formed of all this ?
\thly, c For the Judgment of Divines ; I could
produce divers againit the great Poflellions of Bi-
A a 2 ihopi
deGtflii D;nst. torn. VII. part I. p. 771.
372 The Parliamentary HISTORY
An. 24 Car. I-fhops in all Ages, as making them fecular, proud,
'648- vicious, tazy, which I hr.ve formerly publifhed
December at 'arge (z') 5 but I ^a^ onty at Pr-fent inform
you, th 't our famous John Wiekliffk profeffedly
maintained (a] That the King and Temporal Lords
griev-yjfly iinned, in endowing the Bifhops with
large temporal Pofieflions, which had reverfed
Chrift's Ordinances, an;l procreated Antichrift ;
and that they were bound in Confcien>:e to take
away their Lands and Temporalities from them,
which they had abufed to Pride, Ambition, Dif-
cord, fcfr. His Difciples, our noble Martyrs,
JVilliam Sivinderby, "John Purvey, Sir John Old-
cajlle ; and, after them, Pierce Plowman, Geoffrey
Chaucer, Mr. Tmdall, Dr. Barnes, John Frith, Sir
'Jchn Borthwick, a Martyr, and Author of A Sup-
plication to King Henry VIII. the Author of The
Image of a very Chriftian Bijhop, and a counterfeit
Bijhop ; William Wraugbton, in his Hunting of the
Romifli Fox ; Mr. Fifh, in his Supplication of Beg"
gars ; Henry Stalbridge, in his Exhortatory Epiftle ;
and others were of the like Judgment ; and Rode-
rick Morfe, in his Supplication to the Parliament, in
Henry V Ill's Reign, to omit Penry and others, in
Queen Elizabeth's Reign. And why there fhould
be more Sacrilege in taking away Bifhops Lands
in England than in Scotland, or Abby Lands here-
tofore from Abbits and Priories, I cannot yet dif-
cern. All which confidered, I hope his Majefty's
Confcience may and will be rectified in this Parti-
cular, before the Treaty be abfolutely confirmed
by A£ts of Parliament, fo as this of Bifhops Lands
fhall make no Breach between us ; in clearing of
which I have been the more prolix, becaufe it is
moft infifted on of any Thing, in point of Difla-
tisfa&irn, both by the King and us.
The King's < As for all our other Proportions, relating to
the^PeaoTand1 tne Peace and Settlement of the Church, the King
Settlement of hath fully afi'cnted to them in Terminis j as, name-
the Church. ]„
(x^ In my Brcviate of the Prelates Ufurpation, Epiftie dedicatory
and .Appends. The Antipathy of Englifh Prelacy, Fart II.
(a. Dialog, lib. iv. cap. 15, ,6, 7, 18, 26, 27. Walfirglam.^.^^
302 to 307. Ftxi dfisand Monuments, p. 398, 414, 431, 434.
of E N G L A N D. 373
ly, to the Bill For the better Advancement of the An. 24 Car. I.
preaching of God's IVord^ and fettling godly Mini/1 ers 1648-
in all Parts of the Kingdom ; to the Bill againft ' ""'
"Pluralities and Nonrejidency ; to an Act: For Confir-
mation of the Calling and Settling of the Afftmbly of
Divines ; to an A6b For the Confirmation of the Di-
rettory, and abolijhing the Book of Common Prayer
throughout the Kingdom^ and in the King's own
Chapel too, yielded unto in the King's final An-
fwer, though formerly ftuck upon ; to an A£l For
taking the Covenant throughout the Realm ; only the
King flicks at it, as yet unfatisfied in Conference
as to the taking of it himfelf without fome Qua-
lifications in it, which a Committee were appointed
to confider of, but have not yet reported ought to
the Houfe. Befides, he hath approved the Leffer
Catechifm as far as you defired, who reft fatisfied
with his Anfwer concerning it : And as for the
Prefbyterian Government, he hath abfolute!y con-
fented to fettle it for three Years.
' But it hath been much infifted on by many,
That the King's Grant of the Prefbyterian Go-
vernment is nowife fat is factory, becaufe only for
three Years ; and therefore they will break off\the
Treaty for this Reafon, and vote the King's An-
fwers upon the whole unfatisfactory, becaufe too
fhort in this Particular :
' To which I anfwer, i/?, That the King, in
Terminis, hath granted as much as we defired. We
defired its Settlement but for three Years j and
many, who moft pretend DifTatisfacYion in this
Point now, did, and do indeed, defire no fettled
Government at all, no not for three Years Space :
Therefore, if there be any Default in this, it was
in the Houfes Propofition only, not in the King's
Anfwer ; who was not obliged to grant us in this
Particular, or any other, more than we defired.
idly, 4 After the three Years Expiration, the
Prefbyterian Government muft remain till a new
be agreed upon by the Confent of the King and
both Houfes, upen Conference and Advice with
A a 3 the
Tfje Parliamentary His TORY
the Affembly of Divines ; or that further eftablifti-
ed, if found beft and IIK ft fuitable, in the Interim.
December. ' $o as now» upon all the Branches of this Trea-
ty, and the K'ng's Anfvvers thereunto, I conceive
the King's Anfweis to be completely fatisfa&ory
in that Senfe I h.;ve ftaied and debated the Quef-
tion, as well for the Safety and Settlement of our
Church and Religion as Kingdom, though the
King's Anfwers come not fully up tp the Propofi-
tions in fome two or three Particulars only.
* It is ftoried of Alexander the Great (*), That
one demanding of him to give him a Penny, he re-
turned him this Anfwer, That It was too little for
Alexander to give: Whereupon he demanded a
Talent of him ; whereto he replied. It was too
much for a Beggar to receive. We have demand-
ed of the King, in our own and the Kingdom's
Behalf, in former Treaties, but a Penny in Com-
parifon, i;nd then the King refufed to grant it,
though we would have been heartily contented
with it, or lefs ; but now we have, in this Treaty,
demanded a Talent, and the King hath not thought
it over-much for him to grant, or for us to receive ;
and if we {hall now ungratefully reject it, we
know not why ourfelves, unlefs it be that God
hath infatuated and defigned us unto fpeedy Ruin
for our Sins, I muft needs take up our Saviour's
Lamentation over dying Jervfalem^ in relation un-
to England (b}^ Oh that tbou kcdji krc-ivn, in this
thy Day^ the Things that belong unto thy Peace ; but
now they are hid from thin* Eyesd And I pray God
they be net io tar hid, that we fhall never live to
fee any Peace or Settlement at all in Church or
State, if we embrace not thcfe Ccnceifions now j
the belt, the krgeft, the honouiabldt, the fafeft,
and n,e-ft beneiteial, that ever were tendered to
any -Ptople by a King ; which if we now reje6t, we
fiiali never have the Moiety of them granted to us
again, no, though vs:> feck them carefully «;n7;> Tears,
as Ejau did his ! a it Biefiing, when he had over-
flipc his Time but a very 1;
'Mr.
(a) Phitarcbi dpoytkcgmata, (b) Luke xix. 42.
^ENGLAND. 375
« Mr. Speaker, For my Part, I value no Men's bare An, 24 Car. l<
Opinions in this Debate, but their Reafons which % l6-'8-
intoice them ; and, if I h.v^ not quite left my December.
Reafon and Senfes too, I have not heard one folid
Reafon given by any Gentleman that diflxrs from
me, why the King's Conctilions upon the whole
Treaty ihould be thought fo unfatisfaclory as utterly
to reject them, and proceed no further. Moft of
the Reafons to the contrary have been either clear
Miftakes, both of the Queftion and King's An-
fwers, or our own Proportions, (and Miftakes are
no Reafons, but irrational) or a Fear in fome Pur-
chafers of Biihops Lands of an ill Bargain, which,
I prefume, I have fully fatisfied ; or, that which is
to me the moft unreafonable, tho' many Gen.le- ~,, ~,. „. e
, .. r . i r> /- i A 5 TNT The Obietlion or
men s chief and only Reafon, the Army s Difcon- the .;.i
tent and Diflatisfadtion, in cafe we vote the Treaty c ntert if the
fatisfaaory; to which I fhall give this Anfwer; JJ»H>Tc«"-
' That tho' 1 honour the Army for their good Atji0.-'$ a fuffi-
Services heretofore in the Field and War?, and cienc Gr°und of
fhould as readily gratify all their juft Deim-, as Peace) aniwercd>
Soldiers, as any Man ; yet I muft, with iiu
dain and Cenfure, look upon their ma^iilerial iLn-
croacl^ments upon our Councils, and Prefcrip;io-is
to us what to vote in our Debates, or elfe tho ,1
be incenfed, as the higheft Violation to the Free-
dom, Honour, and Privileges of Parliament, not
to be precedented in former Times, nor new to
be endured. We all fit here, freely to fpeak our
own Minds, not the Army's Pleafure ; to follow
our own Conferences and Judgments, not their im-
perious Dictates ; to fatisfy the whole Kingdom,
and thofe who have intrufted and lent us hither,
whofe Reprefentatives and Servants we are, not
the Army's, by pitching upon that which h moft
conducing to their Welfare and cur own too; not
to fitisfy the Army in sill their umeafonable ex-
travagant Demands, who are but ours and the
Kingdom's Servants, not Mafters, to the King-
dom's, People's, our own Ruin and the Army's
too : And fo much the rather, becai 11- I have ob-
fervcd a dangerous Practice in fome Officers and
A a 4 Members
376
The Parliamentary HISTORY
An. 24 Car. I. Members only of the Army, to make Ufe of the
whole Army's Name, without their Privity or,
December. C.onfent, forcibly to drive on their own private
pernicious Deftgns in the Houfe, and to fright and
cudgel us into Votes (z), as feme fay we are cud-
gelled into a Treaty, with the verj Name of the
Army, without any Reafon at all ; and if that will
not do the Feat, then they prefently mutiny and
bring up the Army itfelf to or near the Houfes
Doors, againft us, contrary to our exprefs Com-
mands, as heretofore and now they have done, to
force us to vote againft our Judgments, Confciences,
Reafon, and the Public Safety, whatever they (hall
dictate, be it never fo abfurd, difhonourable to
ourfelves, or deftru&ive to the Kingdom ; and tho'
the Army, and thofe who ufurp their Name, be
not prefent at our Debates, (as they feldom are,
though fome of them are Members) yet if they fuit
pot with their fore -plotted Defigns, they will pre-
fently cenfure them, and thofe that pafs them,
without hearing or weighing of their, Reafons :
And though they contend moft earneftly for Li-
berty of Confcience for themfelves, and all others
of their Confederacy out of the Houfe, and for a
Liberty for their own Party to enter their particu-
lar Proteilations and DiiTents in the Houfe to any
Vote they like not («), yet they will admit no Li-
berty of Confcience, nor Freedom of diffenting,
to us, nor us to be Matters of our own Reafon,
Votes or Difcretion in the Houfe itfelf, where we
fhould have moft Freedom, as is evident by fundry
magisterial, over-ruling, cenforious Paffages in their
late Remonftrance, 'Nov. 2c(£) ; and if we vote
not fully with them, they prefently take us for
Apoftates and Violators of our Trull, fit not only
to be feduded the Houfe for the prefent, but not to
be intruded for the future (f) j to fuch an Height
pf Infokncy are they grown : Therefore, for any
Members to make their pleafmg or ditpleufing of
the
(«) For an Illuftration cf this Paflage, fee p. 1 14, in this yolutr.e.
[a) Ibid. p. 234, 237. (i>) Ibid p. ZzS, ad Finem.
1$) The Army's Declaration of November 29, p. a6S.
of E N G L A N D. 377
the Army, who thus abufe them, the fole or prin- An. 24 Car. I.
cipal Reafon of their Aye or No, is fuch a Solecifm l648-
and Breach of Privilege as ought not now to be December
named, much lefs prefled as a Reafon, without
fome fevere Cenfure or Exclufion from the Houfe ;
efpecially in this inftant Debate for the Settlement
of our Peace, to which thofe who make a Trade of
War will certainly be moft averfe, having little elfe
to live on or fupport their prefent Greatnefs, if the
Wars be ended.
' Yea, but they further object, That if we dif-
content the Army, by voting the King's Anfwers
fatisfaclory, we are undone; they will all lay down
their Arms, as one Commander of Eminency hath
here openly told you he muft do, and ferve us no
longer ; and then what will become of us and all
our faithful Friends ?
4 I anfvver, That I hope the Army will not be
fo fullen as to defert or turn againft us, for voting
what our Confciences and Judgments prompt us is
moft for theirs, ours, and the Kingdom's Safety ;
and that without hearing or fcanning our Debates :
If they be, I (hall not much value the Protection
of fuch unconftant, mutinous, and unreafonable
Servants : and I doubt not but, if they defert us on
fo flight a Ground, God hirnfelf and the whole
Kingdom wjll ftand by us, who elfe, I fear, will
both unanimoufly rife up againft us, to ours and
the Army's Deduction ; And if the King and we
fhall happily clofe upon this Treaty, I hope we (hull
have no great Need of their future Service : How-
ever, fiat Juftitia^ ruat Ccelum^ let us do our Duty
and leave the Iflue to God. It is better for us tp
perifh doing our own Duties, than to be juftly de-
ftroycd by following other Men's Wills againli our
Duties and Confluences too. He that thinks to
fave himfdf, or the Kingdom, by ft'ch a fmtu' and
unworthy Compliance, lh.il! be certain tolofc both
himfelf and it in the Conclufton.
4 However, bo,h the Arguments of Jifri-'fiug
the Army, and the ill Con iequeiv-.es of it, »• . '-
Jogether extraneous anJ impertinent to th- <<_ J-
i tion.
378 The Parliamentary HISTORY
An. 24 Car. I. tion, and amount but to this Non fequitur^ The
*64g' Army will not have us proceed further upon the
December Treaty to fettle Peace; ergo, the King's Anfwers
are unfatisfa6tory. What will all wife Men, what
will the Kingdom, what will Scotland^ Ireland^ and
our Friends abroad (whofe Eyes are all intent upon
the Refult of the Treaty, and muft be fatisfied in
the Reafons of our Breach upon it, left they all
fall foul upon us) think of fuch abfurd Nonfenfcas
this ? Had the Trpaty been only between the King
and the Army, not him and the Houfes, this Rea-
fon might have contented forne Men, without ex-
preffing any Grounds of their Diflatisfa6tion, of
which they think the Army might be more compe-
tent Judges than the Parliament ; but the Treaty
being only between the King and both Houfes, not
the Army, that we, who are the only Parties to the
Treaty, and Judges of the Satisfa&orinefs thereof,
fttould fet afide our own Reafons, Confcienccs,
and Judgments, and make the Army's abfolute pe-
remptory Will the only principal Reafon of our
Diflatisfaclorinefs with the King's Concefiions,
(which I am confident not ten Men in the Army
ever heard of, but by Report alone, and never fe-
rioufly fcanned as we have done) is fuch an Abfur-
„ dity as will render us for ever both ridiculous and
odious to all our Friends and Foes, to the prefent,
and to future Ages. For Shame, therefore, let us
no more infift upon fuch Extravagancies.
* Having anfwered thefe two Iron Arguments
againft the Unfatisfa&orinefs of the King's An-
fwers, and all others hitherto infifted on, I humbly
conceive I have fully fatisfied every rational Man's
Confcience, that the King hath granted us all we
have demanded, that is really neceffary or condu-
cing to the fpeedy Settlement of a lading and well-
grounded Peace, and the future Security of our
State, Kingdom, Church, Religion, againft all
feared Danger from the King or any others ; and
I fhall challenge, and put it to the Confcience of,
any Gentleman diiTenting from me, whether he
of E N G L A N D. 379
can propound any one Thing more (except an Oath An» *4 c«. I.
which is intended when all is concluded) efiential, l648'
for the fuller and firmer fettling of our Laws, Li- December,
berties, Privileges, Lives, Eftates, Religion, King-
doms, Parliaments, Army, and fatisfying of all
public Interefts, than what have been already pro-
pounded, and the King completely granted in this
Treaty. If then the King hath granted us every
Thing ourfelves, during feven Years Advice and
Confutation, could poffibly think of for our Secu-
rity and Settlement, far more than we ourfelves de-
manded in two or three former Treaties, and would
have been glad with the Moiety of it wi'.hin thefe
few Months, and ten thoufand Times more than
we can gain by a Breach with the King upon fuch
Difadvantages, ,vhy (hould we not all reft thankfully
contented ; and blefs our God that he hath at laft
inclined :he King's Heart to grant fo much, whe e-
as heretofore he retufed to condefcend to the Tythe
of that he hath granted uow ? Doubtlefs we can
never anfwer fuch a peeviih abfurd Ingratitude ei-
ther to Go/1 or Man ; and thofe Counties, Cities,
and Boroughs, who have fcnt us hither in their
Steads, will conn us little Thanks for refufmg Peace
upon fuch honourable, beneficial, and fafe Concef-
fions, as neither they nor we can ever hereafter hope
for, if rejected now, upon no Grounds of Reafon,
but only upon Peevifhnefs and Will.
' If any object, as fome have done, That the Ajf0 t},e objec-
Kir.g indeed hath granted <J1 we can defire ; yei tion of the King's
he is fo perfidious 'in his Oaths and Promifos, as
we have found by fad Experience in all his Reign,
that we cannot truft hi.. ; and therefore all he hath
granted us is to liule Purpofe :
' 1 anlwer, Tnat it all he hath granted were ftill
in his own Power !o diffoive or recall at Plea jure,
this Argument v/ere material ; but fmce he hath
put all our defircd Si'curii)' in o our H. nJs al >ne,
and fuch as uurll-lves {hall appoint, and kit nothing
unto his foie or whole 1 iout us, the Ob-
jection is but Wv_ak, and recoils upon ouifelves, rhat
we dare not truft ourfelves with our own S.
If
38°
Parliamentary HISTORY
1648.
— v —
December.
An. 24 Car. I. Jf a Shark come to borrow Money of a Ufurer,
whofe Word and Bond he dares not take ; yet if
he gives him a Pawn or Mortgage of his Lands in
Hand, he will then truft him without any Scruple :
The King hath given us fuch a fufficient P*wn, or
Mortgage, and put it into our own Hands, there-
fore we need not doubt him now.
' Befides, if we cannot truft him for what he
hath granted, it was a Mockery of him and the
Kingdom to treat with him to grant it ; and, if fo,
the Kingdom will fay they have as little Caufe
hereafter to truft us, for fuch palpable Diflimulation,
as the King. For my Part, I have feen fo much
Experience in the World, that I dare truft none
with my own or the Kingdom's Safety but God
alone. Put not your Truft in Princes^ nor in any
Son of Man^ In whom there is no Help. It is bet-
ter to irujl in the Lord, than to put Confidence in
Men or Princes (c}> have been my Maxims : And
we have feen fuch ftrange Mutabilities and Perfi-
dioufnefs in Men of all Sorts fmce our Troubles,
that we can truft neither the King nor Prince, Ci-
ty nor Country, this General nor that General,
this Army nor thofe that were before it, nor yet
ourfelves, who are jealous of one another, treache-
rous one to another, diftruftful of all, and now
diftrufted by all, ever fmce we began to confide in
Men, and found out a new Generation of confiding
Men. Let us begin to truft in God alone in the
firft Place, and then we need not diftruft the King
for Time to come any more than others, or our-
felves, whofe dear-bought Experience of Breach of
former Trufts and Promifes, will make him more
careful of violating his prefent Conceffions for the
future ; efpecially having put fuch Security into
our own Hands to bind him to an exacl: Performance.
* But it hath been objected by the General and
Officers of the Army, in their late Remonftrance (d),
and by fome who have fpoken in this Debate, who
would teach the King before-hand how to elude
and
(c) Pfal. cxlvi, 3. cxviii. g, 9.
(d) In '.his Volume, p. 194, 5, 6, 7.
of E N G L A N D. 381
and vacate all his Grants and Promifes, That <?//An. 24 Car.
the King's ConceJJions are and will be void, becaufe y '4
made by Durefs of Imprifonment, whil/1 under Re- December.
Jiraint.
' I anfwer, That the King, during all this Trea-
ty, hath been in fuch a Condition of Honour, Free-
dom, and Safety, and had fuch free Liberty of
Confultation and Debate, upon his own earned
Defire and his Party's too, as well as the Houfes,
that he cannot, either with Honour or Juftice, void
thefe Conceflions by any Pretext of Durefs ; efpe-
cially fince he has denied fome Things, and had
the fame Liberty not to have granted other Things,
had he been pleafed not to grant them. Befides,
the King is to confirm the whole Treaty by A6ls
of Parliament, to which he is to give his Royal
Aflent, and Oath too, when all is concluded, and
that in a free Condition ; and then no Durefs can
void them, no more than Magna Charta itfelf, firft
gained by the Sword, and oft confirmed in Parlia-
ment by our Kings, againft their Wills. In tht
Year of our Lord 1223, the Barons demanding of
King Henry III. the Confirmation of the Great
^Charter and their Liberties, according to his Oath
upon the Conclufion of the Peace with Lewis of
France, William Briwere, one of his (evil) Counfel,
anfwered, That the Liberties they demanded wera
not to be obferved nor confirmed, becaufe they were
forcibly extorted ; whereupon Words growing be-
tween the Barons, the Archbimop of Canterbury^
and Briwere, the King clofed up the Strife with
this honourable Anfwer, All of us have fworn to
thefe Liberties^ and that which we have ajfented and
fwyrn to, all of us are bound to obferve (e). We to
thi> Day etijoy thefe Liberties, being confirmed by
.Act of Parliament, and fworn to by our Kings,
though forcibly extorted aL the firft. And fo may
we much more enjoy the King's Conceflions, when
turned into Acts, and fealed with a facred Oath,
fuperadded to a Royal Aflcnt.
'Mr.
(e] Mattlno Part's, p. 305. Sftcd, p. 597.
la our Firft Volume, p. 23.
382 The Parliamentary HISTORY
An. 24. Car. I. « Mr. Speaker, I have now waded through the
( T'^8' , whole Treaty, and given you the beft Reafons I
December. can out °^ every Parcel of it, to prove the Satif-
factorinefs of the King's Anfwers, and anfwered
ail Objections hitherto made againft my Conclu-
fion ; I fhall now, by your Patience and Leave,
pro -eed a Step or two further, to evidence, by clear
Demonftrations and Reafons, to your Confciences,
h Fir/}, * That our clofmg with the King upon
the^Khf^The thefe Conceflions, is the only, fpeedieft, btft, le-
only wa> to .galleft, fafeft, and certaineft, Way to fettle a fii m and
ffVu ^ Pea" lartin* Peace between the King, Parliament, and
of the Nation. ... „ . ,
his three Kingdoms.
Secondly, ' That the new Way to Peace and
Settlement, propofed and profecuted by the Gene-
ral, the Officers of the Army, and their Friends
in the Houfe, is a moft defperate, difhonourable,
unfafe Courfe ; and a certain Way to fpeedy Ruin
both of our King, Parliaments, Army, City,
Country, and three Kingdoms too ; yea, a meer
Project of the Jefuits to deftroy the King; diflblve
this prefent and all future Parliaments ; betray Ire-
land to the Popifh Rebels ; fubvert our Religion,
Reformation, Laws, Liberties, Kingdoms ; inf>«
troduce Popery, Tyranny, Slavery ; and make us
a Prey to our foreign Enemies. And if I make this
clearly appear to all your Confciences and Rea-
fons, I befeech you all, lay your Hands upon your
Hearts, and confider what you vote in this Debate,
left you become inftrumental to the Jefuits, and
accomplifh thefe their Defigns, inftead of fettling
a fafe well-grounded Peace upon their new-fangled
» - Foundations of Liberty and Safety, but, indeed, of
Slavery and Ruin.
6 To begin with the firft Branch of the firft of
thefe AiTertions, That our clofmg with the King
upon thefe Conceflions, is the only Way to fettle
a firm and lafting Peace between the King, the
Parliament, and his three Kingdoms. Not to infift
upon this general Maxim, That Treaties, in all
Ages, have been the ufual and only Way to conclude
and fettle Peace ami Unity between Kings and their
People,
of E N G L A N D.
People, and all diflenting Kingdoms, States, Per- An.
Cons ; and therefore this Treaty now is the only
Way to our prefent Peace and Settlement, I {hull
touch only upon Particulars.
i/?, ' That yourfelves in this Houfe, and the
Lords in their Houfe, have feverally and jointly
voted and refolved over and over heretofore, and
publifhed to all the World, from Time to Time,
in fundry Declarations, Remonftrances, and other
printed Papers fince the King's Departure from the
Houfes, and the late Wars, That it has been,
is, and always (hall be, their cordial Defire, and
fincere unwearied Endeavour, to fettle a fpeedy,
firm, and well-grounded Peace between his Ma-
jefty, his People, and three Kingdoms ; and that
this hath been the only End they have aimed at
in all their Wars and Treaties with the King(&):
That the King's Prefence with, and Refidence
near, his Parliament, is of fo great Neceffity and
Importance towards the Removal of our Diftrac-
tions, Fears, Jealoufies ; the happy Beginning of
Confidence and Contentment between the King
and his People, and the Settlement and Preferva-
tion of the Peace and Safety of the Kingdom, and
King's Perfon, that they thought they had not dif-
charged their Duties until they had declared and
backed it with fome Reafons (/') : That thofe Per-
fons who advifed his Majefty to abfent himfelf from
his Parliament, are an Obftru6tion and Enemies to
the Peace of this Kingdom, and juftly fufpecled
to be Favourers of the Rebellion in Ireland:
That the fending of Proportions, and a Treaty
with the King, and a good Clofe with him and
his Commiflioners thereupon, is the only Way to
fettle a firm, f;)fr, :»:id lading Peace : And this is
the only Way and Means you have hitherto pur-
fued to obtain fuch a Peace and Settlement (£).
2^/y, c The Parliament of Scotland, and their
Commiflioners here employed, have voted and re-
folved
(h] Vol. X!T. p. i^, iq6. Vol. XIII. p.67. Vol. XIV. p. 351.
(/ Vol. X. p. 12 c, 346.
(*} Vol. XII- p. 147, 174, ttfcj. Vol. XIII. p. 63. Vol. XV.
p.»9.
1648.
December.
The Army was
formerly for a
Treaty.
384. The Par Ha mentary HISTORY
An. 24 Car. I. folved this the only Way and Means to fuch a
Peace and Settlement, both for this Kingdom and
their own too ; and have joined with us in all for-'
mer Treaties, and promoted this (/).
3<#y, « The Generality of the People, and all
the wifeft and moft cordial to the Public Intereft,
both of the Parliament and Kingdom, have ap-
proved and defired a Treaty and Clofe with the
King, as the only Means of Peace and Settlement,
as is evident by their frequent and multiplied Peti-
tions to both Houfes.
jthly, < The King himfelf, and all his Party,
when tired out with the Miferies of War, have de-
fired and embraced a Treaty, as the only Means
to clofe our bleeding Wounds, and make a firm
Union between the King, Parliament, and three
Kingdoms (m).
$thlyy ' The General, Officers, and Council of
the Army themfelves, when in their right Senfes,
and not intoxicated with Self-conceit and Jefuitical
Principles, have publickly declared, That Compli-
ance by a Treaty with the King, and Reftitution of
him to a Condition of Honour, Freedom, and Safe-
ty, was the only Way to a lafting Peace and Settle-
ment ; yea, the Grandees of the Army were fo
over- forward to comply, treat, and clofe with him
upon Terms more difhonourable, and Icfs fafe,
than thefe we are now a clofmg with him in this
Treaty, that when they falfly impeached the Ele-
ven Members of the Houfe of Commons, in Julyt
1647 (H)» for holding fecret Intelligence and Cor-
refpondence only with him, without Confent of the
Houfe, themfelves at that very Inftant, without
and a^ainft Confent of the Houfes, were fecretly
treating and complying with him upon Propofals
framed by themfelves ; and perfuaded the King to
reject the Houfes Propofitions, lent to his Majefty
to Hampton-Court, to treat upon thofe they had
tendered to him privately, without the Houfes Pri-
vity, as more advantageous to him and his Party
than the Parliament's ; declaring to all the World,
That
(/) Vol. XIV, p- 347- (w) VoI.XlI.p. 153,4. (») Vol, XVI.p.;o.
^/ENGLAND. 385
That they were as cordial to the King, as defirous An. 24. Car. r
to bring him up to London^ and to reftore him to
a Condition of Honour, Freedom, and Safety, and
more favourable to Delinquents in mitigating their
Fines and Punifhments, than the Houfes (<?). All
which they are not alhamed to acknowledge in
their Remonftrance of the 20th of laft Month,
yet with this deteftable Brand upon themfelves(/>),
That their Compliances with him ivere but negative.
Secondly, What -we declared of Moderation was but
hypothetical^ with careful Caution and a Saving for
the Public Interejl^ according to our then Under/land-
ing of /'/, &c. Tety however •, in that Degree of
Compliance admitted in that Kind, we find Matter of
Acknowledgment before the Lord concerning our Error ',
Frailty , Unbelief \ and carnal Councils therein ; and
we blefs him that preferved us from worfe. If their
Compliance and Treaty with the King, &c. was
but hypothetical, (as I fear this very Remonftrance
and their Actings fince all are, or at leaft-wife
Jefuitical) I hope our Treaty fhall be real, and not
in their Power to make it hypocritical ; as they
have attempted, by endeavouring to force us, by
this Remonftrance and their fubfequent Advance
to London, to break it off; to render us odious to
our King and Kingdoms, to God, and all good
Men, and tranflate the Odium of it from them-
felves to us. And becaufe themfelves may difcover
their own Apoftacy from their former Principles,
which they would falfly father upon us, and how
juftifiable and advantageous to the Kingdom our
clofing with the King upon thefe Proportions are
before all the World, be pleafed to take Notice of
thefe following Paflages in their own Letters, De-
clarations, and Remonftrances, made upon mature
Advice a Year before this Treaty.
' In the humble Remonftrance from his Excel-
lency and the Army under his Command, prefent-
ed to the Commiffioners at St. Albans^ June 23,
VOL. XVIII. B b 1647,
(o) Putney Pro;efft. Anitnadiierjiont upon the Arrry* s Remenftriince.
The King's Anfwer to the Fropolitions f«ru to h,m,
Caurt, September 9, 1647, in our
(f) In Uiis Volume, p. zo;.
3 86 ¥he Parliamentary HISTORY
An. 24 Car. 1. 1647 (q], they print, Whereas there have been fcan-
dalous Informations prefented to the Houfes, and in-
ditfiricufly publijhed In Print, importing as if his
Majejly were kept as Prifoner amongjl us, barba-
roujly and' uncivilly ufed ; we cannot tut declare that
the fame, and all other Sugge/fions of that Sort, are
mojl falfe, fiandalous, and abfolutely contrary, not
only to sur declared Deferes, but alfo to our Prin-
t/plef ; which are moft clearly far a general Right and
juji Freedom to all : And therefore, upon this Occa-
Jion, we ca-nnot but declare particularly., "That we de-
fire the fame for the King, and others of his Party,
fo far as can conjijl with common Right and Freedom,
and ^vith the Security of the fame for the future : And
we do further clearly con fifs, we do not fee how there
tan be any Peace to the Kingdom, firm or lafting,
without a due Confederation of, and Provijion forr
the Rights, Ijhiiet, and Immunity of his Majejlys
Royal Family, and his late Partakers : And herein
•we think thai tender and equitable Dealing, as fup-
pojing their Caufe had been ours, and a Spi? it of com-
mon Love and Jujtice, diffufing itfelf to the Goad and
Prefervation af all, will make up the rnoji glorious
Conquejl over their Hearts, if God in his Mercy fee
it good, to make them and the whole People of the Land
Lifting Friends. And in the Reprefentation of the
Army, June 14, 1647 (r), there are the like Ex-
preflions of their Judgment in relation to the King
and his Party too.
4 In a Letter of Sir Thomas Fairfax's to both
Houfes of Parliament, giving an Account of fome
Traniactions between his Majefty and the Army,
dated from Reading, July 8, 1647, there is this
Paflage, which he there declares to be the general
Senfe of all or moft Part of the Officers in the Ar-
my (s) ; If i general, we humbly conceive that, to avoid
all Harjhnefs, and afford all kind Ufagc to his Ma-
jcjly's Per/on in Things conjj/ting with the Peace and
Safety of the Kingdom, is the mojl chrijlian, ho-
nourable, and prudent Way : And in all Things we
think,
. t (?), Vol. XVI. p. j5. (,) Vol. XVI. p.- lo-fc.
{fl Vol..XV.p. 45i.
of E N C L A N D. 387
think ) that tender , equitable-) and moderate Dealing, An. 24. Car. I«
both towards his Majefty and his Royal Family, and
late Party, fo far as may J? and with the Safety of the
Kingdom, and Security to our common Rights and Li-
berties, is the inojl hopeful Courfe to take away the
Seeds of War, or future Feuds amongji us, for Po-
Jlerity, and to procure a lajling Peace and a Govern-
ment in this dijt raffed Nation.
* Since this, the Officers and the Army^ in their
Propofals, AuguJI i, 1647 (/), for the Settlement
a firm Peace, have this for one, That his Majef-
ty's Perfon, Queen, and Royal Iffite, may be reftorej.
to a Condition of Safety, Honour, and Freedom in
this Nation, without Diminution of their perfonal
Rights, or further Limitation to the Exercife of the
Regal Power, than according to the Particulars
aforegoing.
6 Thefe Propofals of the Army were fo pleafing
to his Majefty, that, in his Anfwer to the Propo-
litions prefented to him at Hampton -Court, Sep^
tember 9, 1647 (u], by the Commiffioners of both
Houfes and of the Kingdom of Scotland; he refufed
to grant the Propofitions by them tendered, as being
dcjlru£li<ve to many principal Interejls of the Army,
and of all thofe whofe Affections concurred with them.
And he gave this further Anfwer to them, That
his Majejly having feen the Prcpofals of the Army
to the CommiJ/ioners from his two Houfes of Parlia-
ment refiding with them, and with them to be treated
en, in order to the clearing and fc 'curing the Rights
and Liberties of the Kingdom, as to the fettling of a
juft and lajling Peace ; to which Prcpcfals, as he con-
ceives, his two Houfes not to be Strangers, fo he be-
lieves they will think with him, that they more conduce
to the Satisfaction of all Interejls, and may be a fitter
Foundation fur a lajling Peace, than the Propofitions
which at this Time are tendered to him : He therefore
propounds, as the bejl Way, in his 'Judgment, in order
to Pence, that his two Houfes ^uould infiantly take into
Confideration thofe Propofals, upon which there may
h a Ptrfonal Treaty with his Majfjly, andfuch other
B b a Propofals
(t] Vol, XVI. p. ng. 00 1M, »9S-«
HISTORY
• Propofah as bis Majefly jhall make ; hoping that the
fetid Propofah may be fo moderated in the faid Trea-
eaiber. ty» as *0 rer^er them the more capable of his Ma-
jefly's full Conceffions ; wherein he refolves to give
full Satisfaction to his People^ for uuhatfoever jhall
concern the fettling of the P rot eft ant Profeffion^ ivith
Liberty to tender Consciences, and the fecuring of the
Laws, Liiert:es, and Properties of all his Subjefts^
and the .juji Privileges, of Parliament for the fu-
ture, &c. /: 'wbfch Treaty bis Majejly Kill be pleaf-
ed, if it be thought fit, that the Commijjioners from
the Army, vjhsjt the Propofah are, may likewtfe be
ach:<ited.
* Lo, here we have the General, Officers, and
Army itfeif, To zealous for a Perfonal Treaty with
the King, for Settlement of this Kingdom's Peace,
and the carrying on of their own interefts, that
thercfclves.draw up Proposals for a Treaty with
him, without the Houfes Privity ; yea, prevail
with him to hi'y afid^ the Koufes Prcpofitions to
treat upr.n th-ifs, as more advantageous to him and
his, and k-fs beneficial to the Kingdom's Intereft:
In which Treaty he defires, That Commiflioners
from the Army, whofe the Propofals were, might
likewife be admitted ; and yet thofe Zealots for a
Treaty then, are moft furious to break off our Trea-
ty now, even by open Force and Violence, almoft
upon the very Clofe, though they never made any
Oppofition againft it, dining all its Agitation (w) ^
perchance to bring on another Treaty with the
King upon their own Propofals, wherein the King
and they will be the only Treaters, and the Houfes
but idle Spectators ; to rob them of the Honour and
Benefit expected by our prefent Treaty, and of fet-
tling the Kingdom's Peace on fo good Terms for
the Public Intc-reft.
' In fine ; the General, and Army under his
Command, in their Remonftrance of Augufi 18,
1647, approved and printed by Order of the Houfe
of Peers, do thus exprefs their Readinefs and De-
fire for the Parliament's doling with the King up-
on
(«) From July 30, to Ncvcmler zo.
of E.N G L A N D. 389
on gocd Grounds, and his bringing up to L,ondon\h-n. 74 Car. j.
(though now they cry out for nothing but Juftice ^ *64g-
and Execution to be done upon him, as thei'- capital December.
Enemy (#) : Far our Parts, we Jhall rejoice as much
as any to fee the King brought back to his Parliament ;
and that not fo much In Place, as in /Jffeftion and
Agreement, on fucb found Terms and Grounds as
may rerd:r both him and the Kingdom fafe- quiet^
and happy ; and Jh all be as ready as tbev to brin* ins
Majefly to London, when his being trier e may be
likely to produce (not greater Dijlurbances or Dif-
traffions, but) a Peace indeed ; and that fuch as
may not, with the Shipwreck of the Public Intere/?9
le Jhaped and moulded only to th^ private Advan-
tages of a particular Party or Faflion ; but bottomed
chiefly on Grounds of common and public Welfare and
Security.
' The General, Officers, and Army, therefore,
being fo zealous for a Treaty and Clofe with the
King, in all thefe feveral Rcmo.nftrances, Papers,
and Propofals, as the only hopeful Way of fettling
and fecuring the Kingdom's Peace, cannot, with-?
out the hlgheft Injury, and moft deteftable Jug-
ling, Hypocrify, and Apoftacy from their own En-
gagements and Principles, wherewith they do now
falfely charge the Houfe, diflike our prefent Pro-
ceedings in the fclf-fame Way, upon his Majefty's
Conceffions in this Treaty ; which, by all thefe
particular Refolutions, and the Army's own Ac-
knowledgments, is the only Way of Peace and
Settlement.
' Next, as this is the only, fo it is the fpeedieft
Way of all others. If we now accept of thefe Con-
ceffions, the moft whereof I have turned into Bills(v)
already, and fhall turn all the reft into Bills by our
next Sitting, I fee no Reafon but we may, in one
B b 3 Fort-
(*) Vol. xv r. p. 262.
(y) In Confirmation of thi< Afll-rtion we find, in the C-j^mom
Journah of the 17:!! of Novembe-, That a Comm ,cise be:n.z .ippjint-
ed to meet upon a Bill, For ju'lifyingtbe Proceedings of tht Parlia-
ment in the late War, and for Jed.fi *g all Oaths, Dctlitratnnt, Pro-
clamations, and other Pncc'dings tigain/i it to bt i>oid, the Care of
this Bulinels WAS more particularly referred to Mr. Prjnnt.
39$ ST& Parliamentary HISTORY
An. Z4 Cr.r. I. Fortnight, at leaft by the firft of January next,
have fully fettled and concluded all Things in Dif-
ference between the King and us, to the general
Content and Safety of all honeft Men; and fo end
the old and begin the new Year with Peace :
Whereas, if we now break off, and let go all the
King hath granted, I fee no End of our Wars and
Miferies, nor any probable Means of Peace and,
Settlement in many Years at leaft, if ever in this
or the fucceeding Generation. And the fpeedieft
Remedy in this Cafe' (efpecially confidering the
Kingdom is fo far exhaufted, that we know nei-
ther how to pay our public Debts, our Fleet, or
Army their prefent Arrears, much lefs their future)
muft needs be the beft, and be preferred before all
others that will require more "Time and Expence,
and be more hazardous and contingent in the
Event.
' And as this is the fpeedieft, fo the beft, legal-
left, fafeft, and certajneft Way of all others.
i/?, ' There is no Danger nor Hazard at all in it,
nor any Expence of Money or Effufion of Blood ;
'tis but accept, and then confirm by Acts and Oaths,
and the Work is prefently done. If we think of
Settlement in any other Way, we muft fight again,
and that will be both coftly and hazardous ; and,
\yhen all is done, we muft treat again, perchance
upon worfe Terms, elfe there will be no Peace
nor Settlement.
idly^ * This is the Way we have ever formerly
pitched upon, the Way all Parties have confented
to and approved, but thofe alone who dcfire nei-
ther Peace nor Settlement j therefore, beft, fafeft,
and durableft.
3^» 4 It is the legalleft, fafeft, certaineft; becaufe
a Peace and Settlement, by A£ts of Parliament, is
the higheft Security to Englifotnen under Heaven ; to
which King, ILords, Commons, and in them the
whole Kingdom, confent, and will all acquiefce in
what is done, without Queftion or future Difpute.
What Peace foever is fettled otherwife, either by
-a bare Order or Ordinance of the Houfes, cr by
5 the
cf E N G L A N D. 391
the Sword and Power alone, will neither be fure, An. 24 Car. I.
fafe, nor lading, no longer than maintained by the t *6*8'
Sword; and every Man will be fure to quellion December,
and unfettle all again upon the Jeaft Advantage gi-
ven. The higheft Security that England ever had
was Magna Charta, and Charts de Fore/la j thefe
were gained by the Sword, but not held by it.
4 That which hath kept and perpetuated thefe
fmce their making, was thofe Acts of Parliament
which confirmed them : Thefe are our only Se-
curity for whatever we enjoy, which will furvive
all other we can think of. Nullum viokntum eft
dluturnum ; whereas Privileges kept and held by
public Acts will laft for ever, and be entailed to us
and our Pofterities, with Peace and Happinefs at-
tending them. This was the Way of fettling Peace
between Kings and Subjects heretofore, in Hen-
ry III. Edward II. Richard II. and Henry Vlth's
Reigns ; and an A& of Pacification. and Oblivion
was the only fafe and ufual Way the Parliaments
both of England and Scotland lately fixed on, to
fettle a firm and lafting Peace between both Nati-
ons and Kingdoms : All other Settlements will be
but like an Ulcer fkinned over, which will foon.
break out again, with greater Pain and Danger
than before.
Secondly^ < For the new Way propofed by the TJj€ Way pro-
Army for a firm Peace and Settlement ; it is cer- pofed by the Ar-
tainly the moft defperate, dishonourable, danger- mY> m°ft defPe'
j j n. n.- L /rui L • • j rate, oiihoaour-,
ous, and deftruchve, that can pombly be imagined j able dangcrout,
and fuch as we can neither in Honour, Juftice, and definitive.
Confcience, nor Prudence embrace. To exa-
mine it a little by Parts.
' The firit Way to Peace and Settlement pro-
pounded by them, is prefently to break off the
Treaty ; and that, contrary to our public Faith to
the King and Kingdom, yea, to our own Votes,
before the Treaty was fully ended : This is the
Drift of their whole Remonftrance j which, as it
will totally, if not finally, deprive us of the Fruit
and Benefit of all the King's Conceilions in the
Treaty, (all which are, by mutual A^. cement, no
B -b 4 Way
392 Tbe Parliamentary HISTORY
An. 24 Car. 1. Way obligatory to either P;\rty in any Particular
16481 y unlefs all be agreed) being all that we can poffibly
'December. think of for our Safety and Advantage, and more
than any Nation under Heaven yet enjoyed ; fo it
will inevitably caft us upon prefent Ways of new
Diftradlions, Confufions, and Civil Wars, now we
are quite exhaufted ; and end at laft in our abfolute
Deihuclion, inftead of a well-grounded Peace;
and thofc Bldfings we may forthwith enjoy for the
very accepting, without further Charge or Trouble.
But if God, beyond our Hopes, fhould, after any
new Embroilments, give us Peace, yet it muft be
vpon a new Treaty ; and that, perchance, upon far
worfe Terms than now are offered : Therefore it
muft needs be dangerous to reject a fafe Way to
follow a hazardous or deftructive one.
A* the Depofing ' The next Thing propofed by the Army, in
and Executing their Remonftrance, for a fpeedy Peace and Settle-
rhe fving. ment, is the bringing of the King to fpeedy Juftice
for all his Treafons and Biood-flbed in the late
Wars, and then to depofe and execute him as the
greateft capital Malefactor in the Kingdom (/£).
' This certainly is a very dangerous and unlikely
\Vay to Peace and Settlement : For,
i/f, < Smiting the Shepherd is the Way to fatter,
•not unite, the Sheep (/). The flaying of the Kin«; or
General in the Field, fcatters and diflblves the Ar-
my, not fecures them. To cut ofF an aching Head,
is the Way to deftroy, not cure, a difeafed Body.
Such Kind of State Policy may deftroy or difturb,
but never fettle us in perfect Peace. The Prince,
his next Heir, the Queen, the Duke of York-) all his
Children, and Allies both at home and abroad, will
certainly meditate Revenge; and all Kings in Chri-
ftendom will affift them, even for their own Inte-
reit and Safety, left it {hould become a Precedent
for themfelves. And will this then fecure, or be a
likely Way to Peace or Settlement ?
idly, ' The greateft Part of the Members in
both Houfes, the Lords, Gentlemen, and alJ Sorts
of
(^ Tn this Vol. p. 227. et ff<j.
(I) Zecb. xiii. 7. i&«St, xxij. 17.
of ENGLAND.
of People dvoushout the Kingdom, the whole An
Kingdoms of Scotland and Ireland, (who have as
great an Intereft in the King's Pcrfon, being their
lawful King, as we have ; and are obliged, by Al-
legiance and Covenant, to protect his Perfon and
Crown from Violence) will unanimoufly, as one
Man, oppoie and proteft againft it; and, by Force
of Arms, endeavour to bring thofe to Execution
who (hall prefume to advife or attempt to depofc
or dertroy the King, in any Kind, contrary to their
Allegiance and Solemn Covenant: Yea, all Prote-
ftant Realms, Churches, States in foreign Parts
wi>I abhor both the Fail, and adjudge it contrary to
their Principles and Religion, as that which may
irritate Popifa Kings and Princes to take up Arms
to ruin them, left they fhould fall into the like Je-
fuitical Practices. And can this then be a fafe or
fpeedy Way to Peace and Settlement, efpecially
when we know not what Government fhall fuc-
ceed upon it, and can expect nothing but bloody
Confequences from fuch a bloody Jefuitical Ad-
vice ?
3^/j, ' I never ready of any Peace or Settlement
in any Kingdom where King-killing was pra&ifed
or approved. When the Roman Armies began once
to kill their Emperors, and cut off their Heads (£),
they were fcarce ever free from Civil Wars. One
Army fet up one Emperor, another Army another,
and the Senate a third, who always warrud till they
had cut off one anothers Heads. Moft of thofe
Emperors had very ftiort Reigns, few of them above
a Year or two, and fome of them fcarce two
Months, but moft of them untimely Deaths. In
Sclavonia and Norway , where they had a Law that
he that flew a Tyrant-King (hould lucceed him in
the Throne, they had almoft every Year a nevf
King, and perpetual Wars and Difcords ; not one
of all their Kings, for above an hundred Years to-
gether, ever came to a natural Death, but wa?
murdered as a Tyrant, and fucceeded by a worfe
and
(b) Eutrofiui, Grimflon't Imperial Hiftory.
Parliamentary H i s T o R Y
greater Tyrant, as StfAtf Grammaticus (/) and
,
tion, for Solomon's Sins, they had never any Peac
Settlement, but perpetual Wars with one King
_
December. ' And, in the Sacred Story itfelf, it is very ob-
fervable, that after the ten Tribes revolted from
Rehoboam, though by God's Juftice and Approba-
Peace or
dom
or another, or between themfelves (I) ; their Kings,
or moft of them, were all Tyrants and Idolaters ;
and, by the juft Hand of God, for the moft Part tu-
multuoufly {lain and murdered, one of and by ano-
ther, who fucceded them ; he that murdered his
Predeceflbr being ufually flain by his Succefibr, or
his Predeceflbr's Sons, Servants, or by the People of
the Land, in a tumultuous Way. In 2. Kings, xv.
we read in that one Chapter of no lefs than four of
thofe Kings flain, one by another : And as for the
People under thefe Kings, they had never any
Reft, Peace, Settlement, or Freedom ; but lived
under the greateft Mifery and OpprefTion that ever
any Subjects under Heaven did, as the Sacred Hif-
tory records. This King-killing certainly can be
then no probable Way at all to Peace, Safety,
Settlement, or Freedom ; but the Jefuits Policy to
deprive us eternally of all thefe, and of God and
Religion to boot, as it did the ten Tribes heretofore.
^thly, ' This Way to Peace and Settlement is
tHre&ly contrary to all the former Engagements,
Oaths, and feveral Petitions, Declarations, Re-
monftrances, Proteftations, and Profeflioos of both
Houfes of Parliament to the King, Kingdom,
People; wherein we have always protefted and
held forth unto them, both before and fmce the
Wars (OT), That we will preferve and proteft the
King's Perfonfrom Danger ; fupport his Royal Eft ate
•with Honour and Plenty at home, with Power and
Reputation abroad ; and, by our loyal Affections, Ac-
tions, and Advice, lay a fare and lajling Founda-
tion of the Greatnefs and Profperity of his Majefty,
and
(!) Hifloria Dannica lib. viii, p. 120.
(k) Rerun Anglicarum Script ores t lib.iii. cap. 6»
(/) ji Citron, x, xi, xii. a Kings, i. to xxv.
(m) Jn our Tenth and fubfequent Volume?, faffiia,
of E N G L A N D. 395
and Lis lloyal Poflerity in future Times : That we are An- *4 Car-
Jlill refolved to keep ourfelves within the Bounds of t * '
Faithfulnefs ' and Allegiance to his Sacred Perfon and December.
Crown : That we will, with our Lives, Fortunes,
Eftates, and with the laft Drop of our Blood, endea-
vour to fupport his Majcjly, and his jujl Sovereignty
find Power -over us, and to prevent all Dangers to
his Majefty's Perfon : Tlwt we took up Arms as well
for Defence of his Majef.y, to protecJ his Perfon , as
the Kingdom and Parliament, without any Intent to
hurt or injure his Majejlys Perfon or Power ; pro-
f effing, in the Prejence of Almighty God, That we
Wsuld receive him with all Honour ', yield him all due
Obedience and Subjection, and faithfully endeavour to
fecure his Perfon and Eft ate from all Danger ; and,
to the uttcrmoft of our Power, to procure and ejlabli/h
to him and his People all the Elcffings of a glorious and
happy Reign, which both Houjes feveral Times pro-
fcj/ed and remonflrated to the World : That the Al-
legation that the Army raifed by the Parliament in-
tended to murder and depofe the King, was fuch a Scan-
dal as any that profefjed the Name of a Chriftian could
not have fo little Charity as to raife, efpecially when
they mufl needs know the Protejlation taken by every
Member of both Houfes ; whereby they promife, in the
Prefence of Almighty God, to defend his Majejlys
Perfon, and all their Addrefjes and Petitions to him
exprefs the fame Thing : That they never fuffered it to
enter into their Thoughts to depofe the King, abhorring
the very Thought of it, much more the Intent : That
they never Buffered the Words Depofing the King,
to go out of their Mouths, nor the Thing to enter into
their Thoughts : That they reft aflured, both God and
Man will abominate that monjlrous and mojl injurious
Charge, laid upon the Reprefentative Body of this
whole Kingdom by the malignant Party again/} the
King, as dcjigning not only the Ruin of his Majejly's
Perfon, but of Monarchy itfelf ; the Authors of which
malicious horrid Scandal they profefs to make the In-
Jlances of their exemplary Jujlice^ fo foon as they Jhall
be difcevered,
«Now,
396 *Fhe Parliamentary HISTORY
An. 24 Car. I. c Now for us, after all tliefe multiplied, reitcra-
1648. tecj Proteftations, Promifes, Engagements, Decla-
" rations, Remonftrances, to all the World, from the
Beginning of the Differences and Wars till now, to
think or talk of depofmg and deftroying the King,
and altering the Government, as the only fafe and
fpeedy Way to Peace and Settlement, as the Army-
Remonftrants prefcribe, would be fuch a moft de-
teftable Breach of Public Faith, fuch a moft perfi-
dious, treacherous, unrighteous, and wicked Acl,
as not only God, Angels, and good Men, but the
very worft of Turks and Devils would abhor ; and
therefore it is a Miracle to me, that thefe precious
Saints fhould thus impudently, before all the World,
propofe it to the Houfe, and force you to purfue
it, to ftain your Reputation, and make you exe-
crable before God and Men.
5^>/y, * The very Oath of Allegiance, which
every one of us hath taken upon our firft Admif-
Jlon to be Members, engageth us not only not to
offer any Violence or Hurt to his Majefty's Per-
fbn, State, or Government; but, in pofitive Terms,
To bear Faith and true Allegiance to his Majejly^
bis Heirs and Succejfirs ; and him and them to de-
fend to the uttermojl of our Power ', again/} all Con-
fpiracies and Attempts whatsoever, which Jhall be
made againjl his or their Perfons, Crown, or Dignity ;
and from our Hearts to abhor , detefl and abjure^ as
impious and heretical^ this Jefuitical and Popijh
Doftrine, That Princes excommunicated or deprived
by the Pope, (as it feems the King is now, for ex-
tirpating Epifcopacy, Popery, Mafs, and Prelacy,
out of his Dominions by his prefent Conceflions,
without any Poflibility or Hopes of replanting)
may be depofed or murdered by their Subjects, or any
other whstfoever ; which Jefuitical Contrivance and
Practices, as our whole State and Parliament, in the
Statutes of 3 Jac. cap. i, 4, 5. 35 Eliz. cap. I, 2,
and other A&s refolve, is the only Way to un-
fettle, ruin, and fubvert, not to fettle and eftablifh,
the Peace and Government of our Realm. And
both Houfes, fince this Parliament, have, by a fo-
lemu
of E N G L A N D. 397
lernn Proteftation firft, and by a folemn League An. 14. car.
and Covenant fmce, with Hands lifted up to the
Moft High God, engaged both themfelves and the
three Kingdoms of England, Scotland, and Ireland,
by a moft facred and ferious Vow and Proteftation,
purpofely made and prefcribed by them, For the
Honour and Happinefs of the King and his Pojle-
rity, and the true Public Liberty, Safety, and Peace
of the three Kingdoms, (as the Title and Preface
declare) fencer ely, really, and conjlantly to endeavour,
with their EJlates and Lives, to preferve and defend
the King's Maje fly's P erf on and Authority, in the
Prefcrvation and Defence of the true Religion and
Liberties of the Kingdom, (which he hath now
fully and actually performed by his Conceffions in
this Treaty) that the World may bear IVitnefs with
cur Confciences of our Loyalty ; and that we have
no Thoughts or Intentions to diminijh his Majejty's
jujt Power or Greatnefs : And Jhall alfo, with all
Faithfulness, endeavour the Difcovery of all fuch as
Jhall be Incendiaries or evil Injlruments, by dividing
the King from his People, that they may be brought
to fpeedy Trial, and receive condign Punijhment :
And Jhall not fujfer themfelves, direttly or indireft-
ly, by whatfoever Combination or Terror, to be with-
drawn or make Defection from this Covenant ; but
Jhall, all the Days of their Lives, really and con-
Jlantly continue therein again/I all Oppofetion, and pro-
mote the fame againft all Lets and Impediments what-
foever. And this Covenant we all made in the Pre-
fence of Almighty God, the Searcher of all Hearts,
with a real Intention to perform the fame, as we Jhall
anfwer at that great Day, when the Secrets of all
Hearts Jhall be difclofed.
' Now, how we, who are Members of this
Houfe, or any who are Subjects of our three King-
doms, or Officers and Soldiers in the Army, who
have taken this Oath of Allegiance, Proteftation,
League or Covenant, or any of them, (as fome have
done all of them, or two of them at leaft, fun-
dry Times over) 'can, without the higheft Perjury
to God, Treachery to the King, Perfjdioufnefs to
th«
39 S The Parliamentary H r s T o R V
B. 24 Car. i. tne Kingdom, Infamy to the World, Scandal to
164 ' the Proteftant Religion, and eternal Difhonour to
December. the Parliament and themfelves, atheiftically break
through or elude all thofe facred and religious Tyes
upon our Souls, by a fpeedy public dethroning and
decolling of the King, and difinheriting his Pofte-
rity, as the Army-Remonftrants advife ; and that in
the open View of the World and that all -feeing
God, to whom we have thus appealed and fworn,
(by thofe Jefuitical Equivocations or Diftin&ions,
of which the Army's Remonftrance is full, or
Profeffions of our damnable Hypocrify in the break-
ing of them) tranfcends my Understanding.
' And for thofe who ftyle themfelves Saints, and
charge as one of the higheft Crimes againft the
King, his frequent Breach of Oaths and Promifes,
totranfcend him and the Jefuits in this very Sin, is
fuch a Monfter of Impiety, as, I conceive, could ne-
ver have entered into the Hearts of Infidels, or the
worft of Men or Devils. And to a& this under a
Pretext to preferve and fettle the Peace of the King-
dom, is fuch a Solecifm, as militates point-blank
againft the very Words and Scope of our Protestation
and Solemn League and Covenant ; which crof-
feth not the Oaths of Supremacy and Allegiance, but
more Jirongly engageth all Men to preferve and de-
fend the King's Perfon and Authority, in the Pre-
fervation and Defence of the true Religion and Li"
berties of the Kingdom, as the Aflembly of Divines
and both Houfes affirm in their Exhortation to take
the Covenant (r) ; which prefcribes this as the only
Means of fecuring and prefervirg Peace in all the
three Kingdoms, to preferve the Perfon and Ho-
nour of the King, his Crown snd Dignity, from
any fuch Violence and Invafionas is ncwfuggefted
by the Army ; all of which do engage us, and
all the three Kingdoms, with our Lives and For-
tunes, really and conftantly, to oppofe, againft all
Lets and Impediments, &c. and to bring thofe to
condign Punifhment, as Incendiaries and evil In-
ftruments, who fuggeft it : So as if the Army will
proceed
(r) Hvjbanfs CtUtZiiws, Folio Edition, p. qzz.
of E N G L A N D. 399
proceed in this Jefu ideal deftru&ive Way of Trea- An. 24 Car. 1.
foil and Ruin, we, and all the three Kingdoms, l648'
are folemnly engaged, with our Eftates and Lives,
unanimoufly to oppofe and bring them to Juftice.
< And is this then the Way to public Peace and
Settlement, to raife another new War, to murder
one another in a new Quarrel, wherein the Ar-
my and their Adherents muft be the fole Malig-
nants and Enemies we muft fight with ? No,
verily, but the high Way to the Kingdom's and
Army's Ruin, whofe Commiffions we are obliged
to revoke, whofe Contributions we muft in Con-
fcience withdraw, and whofe Power we muft with
our own Lives refift, unlefs we will be perjured,
and guilty of Breach of Covenant in the higheft
Degree, if they perfift in thefe Anti-covenant De-
mands.
6//;/y, ' Both Houfes having held a Perfonal
Treaty with the King fo lately, and he having
granted us in that Treaty whatever we have or can
demand for the Safety and Prefervation of our Re-
ligion, Laws, and Liberties ; and both Houfes en-
gaged themfelves by Vote, in Anfwer to the King's
Propofitions, to reftore him to a Condition of Ho-
nour, Freedom, and Safety, according to the Laws
of the Realm, (which was the Army's own Pro-
pofals in his Behalf in Augujl 1647) we can neither
in Honour, Honefty, Juftice, or Confcience, were
he ten thoufand Times worfe than the Army would
render him, depofe and bring him to Execution ;
it being againft all the Rules of Juftice and Ho-
nour, between two profefled Enemies, who had
no Relation one to another, much more between
King and Subjects in a Civil War, and a Thing
without Precedent in any Age.
* To this the Army Remonftrance anfwers (*),
That this would be thought an unreasonable and un-
befeeming Demand in a Perfonal Treaty, between
Perfonijlanding both free and in equal Balance of
Power ; but not when one Party is wholly fubduedy
captivated, imprifoned, and in the other's Power.
But
W la this Volume,
400 *[he Parliamentary H i s T o R Y
An. 24. Car. I. BU(- tnjs certainly is a Difference fpun with a Je-
t , fuitical Thread ; for to treat with any King in our
December. Power, or out of it, on Articles of Peace, upon
thefe Terms, That if he confent to them, we will
reftore him to his Throne with Honour, Freedom,
and Safety ; and when he hath yielded us our De-
mands, then to depofe him and cut off his Head, is
the higheft Breach of Faith, Truth, Honour, and
Juftice th'at can be imagined ; and thofe who dare
juftify fuch perfidious and unchriftian Dealing, de-
ferve rather the Style of Turks and equivocating
Jefuits than pious Saints.
ftkly, ' There is no Precedent in Scripture that
the General Aflembly, or Sanhedrim of the Jews
or IfraeliteS) did ever judicially imprifon, depofe,
or execute any one of the Kings of Jtulnh or Jf-
rael, though many of them were the grofleft Ido-
laters and wickedeft Princes under Heaven, who
filed much innocent Blood, and opprefled the
People fundry Ways. We know that David him-
felf committed Adultery with the Wife of Uriah, '
a faithful Servant and Soldier, whilft he was with
his General Joab in the Field, and then afterwards
caufed him to be treacheroufly flain ; yet neither
the Aflembly of the Elders, nor Joab and the Ar-
pny under him, did impeach or crave Juftice againft
him for thefe Sins, though he lived impenitently in
them. And when he numbered the People after-
wards, for which Sin 70,000 of his Subjects loft
their Lives, yet he was not arraigned or depofed
for it; and God (who is fovereignly juft, tho' David
was the principal Malefactor in this Cafe, if not the
fole ; and thereupon, when he faw the Angel that
ifmote the People, cried out, Z/0, 1 have finned and
done -wickedly ; but thefe Sheep, what have they done ?
Let thy Hand be againft me and my Father's Houfe (^),
fpared him and his Houfhold, though the Princi-
pals, and puniftied the People, only, with Death
for this Sin of his. After him Solomon^ his Son,
a Man eminent for Wifdom and Piety at firft, apo-
flatized to moft grofs IdoJatry of all Sorts, to pleafe
his
{%) a Sam, xxiv. 17.
of E N G L A N D. 401
hia idolatrous Wives, and became a great Oppref- An, 24. Car. I.
for of his People, making their Burdens very hea- '6*8-
vy, yet his Subjects or Soldiers did neither impeach December ^
or depofe him for it ; and though he was the prin-
cipal Offender, yet God fpared him for David's
Sake, in not taking the ten Tribes from him for
thcfe Sins during his Life, though he rent them
from his Son Reboboarn, who was ;>t moft but accef-
fory, for his Father's Sins, not his own(/>). True
it is, fome of the idolatrous Kings of Ifrael, by the
juft avenging Hand of God, were flain by private
Conspiracies and popular Tumults, in an illegal
Way ; but not depofed nor arraigned by their San-
hedrims or general Congregations ; and thofe who
flew them were fometimes flain by others who
afpired to the Crown, or by the People of the Land,
or by their Children who fucceeded them, and
came to untimely tragical Ends.
8^/y, ' Though there be fome ^Precedents of
Popifti States and Parliaments depofing their Popiih
Kings and Emperors at home, and in foreign Parts,
in an extraordinary V/ay, by Power of an armed
Party ; yet there is no Precedent of any one Pro-
teltant Kingdom or State, that did ever yet judi-
cially depofe or bring to Execution any of their
Kings or Princes, though never fo bad, whether
Proteftants or Papifts : And the Proteftants in
France, though fome of their Kings, when they
had inverted them in their Thrones, became Apo-
ftates to Popery, and Perfecutors of their People, ,
albeit they refitted them by Force of Arms in the
Field to preferve their Lives, did never once at-
tempt to pull them from their Thrones, or bring
their Perlbns unto Juftice : And 1 hope our Pro-
teftant Parliament will never make the firft Prece-
dent in this Kind, nor ftain their Honour or Reli-
gion with the Blood of a Proteftant King, againit
fo many Oaths, Proteftations, Covenants, Decla-
rations, and Remonftrances made and published by
them to the contrary.
XVIII. C c 9.'%
(i>) i Kir.gs, xij zad xii.
4C2 Tfo farKatrienMry HISTORY
An. *4 Car. I. qthly, ' For the Precedents of Edward II. and
l64*' , Richard II. in Times of Popery, they were rather
December forcible Refignations by Power of an Army, than
judicial Deprivations, neither of them being ever
legally arraigned and brought to Trial in Parlia-
ment. And Mortimer, who had the chief Hand
in depofing King Edward II. was, in the Parlia-
ment of 4 Edward III. impeached, condemned,
and executed as a Traitor, and guilty of High
Treafon, for murdering Edward II. at Berkeley*
Caftle, after he was depofed ; and Sir Simon de Be-
rcford, together with 'Thomas de Gitrney and Wil-
liam de Oclc, were adjudged Traitors for afiifting
him therein, one of them executed, and great Re-
wards promifed to the Apprehenders of the other
two (f). And as for Richard II. though he was
depofed after Henry IV. was crowned by Pretence
in Parliament, yet this Depofal was after his Refig-
nation only, not before it; and without any formal
Trial or Arraignment, or any capital Judgment of
Death againft him (g], for which I find no Prece-
dent in any Parliament of England, Scotland, France,
nor yet in Denmark itfelf, though an elective King-
dom; who, tho' they juftly depofed Cbrijliern II.
for his moft abominable Tyrannies and Cruelties,
yet they never adjudged or put him to Death, but
only reftrained him as a Prifoner. I {hall only add
this, that tho' the ele&ive Kingdoms of Hungary,
Bohemia, Poland, Denmark, and Sweden have, in
their Parliaments and Diets, depofed fundry of their
Kings for their Wickednefs and Tyranny, yet they
never judicially condemned any one of them to
Death, though Papifts : And for a Proteftant Par-
liament, (to pleafe an Army only, adled by Jefuits
in this Particular, to render both Parliament, Army,
and our Religion too, for ever execrable through-
out the World, and fet all Men's Pens and Hands
againft them to their Ruin) to begin fuch a bloody
Precedent as this, upon a moft falfe Pretext of fet-
tling
(f) In our Firft Volume, p. 199, 10209.
t£) Hid. p. 501. Vol. II. p. I. &Jej.
^/ENGLAND. 403
tlihg Peace, contrary to the exprcfs Command of An> 24 Car» *•
God himfelf, who commands Chriitians to pray for ^ ' 4 ' j
Kings, and all in Authority ^ that they rhiy live a quiet December.
and peaceable Life under them in all Godtinrfs and
Honejly (>£), not to depofe or cut oft" their Heads as
the only Way to Peace and Settlement, will not
only be fcandal >us but monftrous.
4 The next Thing the Army propofe for a pre- Disinheriting and
fcnt Peace and Settlement (/), is The executing ^ putting to Death
the Prince if he come not over upon Summons at ajhort \^ajcs arx^Duke
Day, and give not Satisfaction to the Houfes ; or elfe of York.
to declare him and the Duke of York, if they appear
not upon Swnmons, to be uncapable of any Truft or
Government in this Kingdom or any Dominions there-
unto belonging, and thence to Jiand exiled for ever as
Enemies and Traitors ; and to die without Mercy, if * ~
ever taken or found therein. A Jeluitical inevitable
Way to Civil Wars and Ruin : For the King be-
ing depofed and cut off, the Prince, no doubt, is
next Heir to the Crown, both by the Common
Law and the Statute of i Jacobi, cap. j. to which,
I doubt, a Vote or Ordinance of both Houfes on-
ly will be no fuch legal Bar in any Lawyer's or
wife Man's Judgment, but that he will claim his
Right ; and the Generality of the Kingdom, at
leaft ten thoufand to one, proclaim and embrace
him for thc-ir lawful King, and aflift him with their
Lives and Fortunes both to regain and retain his
Right ; being bound by their Oath of Supremacy
and Allegiance, and their Solemn League and Co-
venant, fo to do. And muft not this of Neceflity
beget a prefent lading War, inflcad of a fpccdy
fettled Peace ? Undoubtedly it will.
4 But confider farther, that the Prince is not
only Heir Apparent to tho Crown of England, but ,
of Scotland and Ireland too ; and though we reje6t
him, yet undoubtedly Scotland and Ireland will rea-
dily embrace him as their lawful King ; notwith-
ftanding any Votes of ours ; and will both unani-
C c 2 mouily
(*) iT/w. it. i, a.
(/j In ihi» Volume, p. 228, 9.
404 *ft>* Parliamentary HISTORY
An. 24. Car. I.mouflv aflift him with their Lives and Fortunes to
1648. recover his Right to the Crown of England : And
December ' tn°le two Kingdoms falling off wholly from us,
and proclaiming War aga.inft us, and joining with
that potent Party here, which certainly will appear
in his Behalf, out of a natural Inclination to the
right undoubted Heir, or Hopes of Favour and
Preferment, fmce plures Solem crientem quam oc~
cidentem adwantur^ and with all his Friends and
Allies Forces from abroad ; whether this will not
be an unavoidable Occafion, not only of a prefent
War, but of certain Deftruclion and Defolation to
this poor Kingdom, and more efpecially to the
Army and their Adherents in this defperate Advice,
who muft ftand or fall upon their own Bottom,
without the leaft Aid or Contribution from any
other, I defire them, and all others who have ei-
ther Eyes or Brains iu their Heads, moft ferioufly
to confider.
* But that which makes me moft of all deleft
this defperate Advice, is this, That it is the only
Way that can be thought upon to accomplifh the
Pope's and Jefuits Defigns to fct up Popery, and
fubvert the Proteftant Religion, and Profeflbrs of
it, in all our three Kingdoms, and in all foreign
Realms beyond the Seas. For if this reforming
Parliament, which hath pretended fo much to the
Extirpation of Popery, fhall fo far play the Popes
and Jefuits, the undoubted Contrivers of this Ar-
my's new Model of our Peace and Settlement, as
to depofe and behead the King his Father, and for
ever difmherit him of the Crown, and bring him
as a Traitor to die without Mercy, if he come hi-
ther, it will fo far provoke and exafperate him and
the Duke, (being both young and of generous Spi-
rits, not thoroughly grounded in our Religion, and
under the Queen's Tuition, and in the Power of
this Popifh Party abroad ; who will aggravate to the
utmoft thefe high Affronts and Injuries put upon
them, and on whofe Protection they will be in
this Cafe neceflitated to caft themfelves) that there
is great Fear and Probability they will immcdiate-
of E N G L A N D. 405
Jy renounce fuch a bloody and deteftable Religion, An. 24 c.ir. I.
as (hall inftigate us to fuch horrid Actions and
Councils ; and abominate all the Profeflbrs of it,
fo as totally to abandon them, and turn Roman
Catholicks in good earned, and then match them-
felves to great potent Popifh Alliances ; and, by
their Purfes, Forces, and Afllftance, and of the
Pope's and all his Catholick Sons in foreign Parts,
(for the Advancement of the Catholick Caufe, and
of the popifti, malignant, and difcontented Parties
in England^ Scotland, and Ireland^ which will quef-
tionlcfs receive and afiift the Prince as their Sove-
reign Lord and King) invade our poor impoverim-
ed, divided, and dillrefTed Kingdom with fuch a
Power as, in all human Probability, would fpeedily
over-run and deftroy this mutinous Army and the
-Houfes too; put them, with all their Adherents, to
the Sword, without Mercy or Quarter, and difin-
herit them and their Heirs for ever, to revenge their
Father's Blood, and their own Difmherifon of the
Crown.
' Then Popery and Prelacy will both return
with greater Authority., Power, and Approbation
than ever; over-fpread our whole three Kingdoms,
and extirpate our Religion, and the Profellbrs of
jt,- as the mod anti-monarchical, treacherous, per-
fidious, and bloody Mifcreants under Heaven j and
excite all other foreign States and Kingdoms to do
the like, to prevent the Springing up of a new
Generation of treacherous, king-killing, ftate-fub-
verting Agitators, and hypocritical and perfidious
Army-Saints j and engage all Proteftant King-
doms, Churches, and States, for their own Secu-
rity and Vindication, to difclaim and declare againft
us.
* This, queftionlefs, will be the fad incvitabl*
IfTue of this Jefuitical Advice, if ever the Houfes
or Army (hall put it into a£tual Execution, and not
fpeedily prevent it ; it being long fince fore-plotted
by the Jefuits, as I {hall prove anon, at th~ BJ-
of the late War againft the Scots.
C c 3 'But
406 The Parliamentary HISTORY
An. 24 Car, I. * Jiut if the Prince and Duke be fet afide, I
I648> would gladly learn of thefe Statifrs who and what
^Decemb r King they would fet up ? Not any of the King's
Pofterity, certainly, fmce they difmherit two at a
Blow ; and the Bl >od being corrupted by the
Whichmuft ren- King's and their Att unders, no other Heir can in.-
ier the Kingdom herjt it by Dcfcent ; it muft efcheat to the Houfes
c. or Army's Diipofal, and become no Kingdom at
all but an elective one, if any : And is this the
next Way to Peace and Settlement ? If fo, I have
certainly loft my Reafon and Senfcs too. No, it
will be a Seminary of lading Wars, of which few
elective Kingdoms are long free ; every new Elcc*-
tion producing commcnly a new War, where there
is no Pretence of an Hereditary Succeflion, much
more where a right Heir is forcibly and unjuftly
difmherited, I (hall give you but one Inftancc,
though I could name you divers, and that is a me-
morable one at home in our own Kingdom.
* King Henry I. having one only Daughter,
Maud, to referve the Crown to her after his Death,
caufed her to be crowned, and made all the Pre-
lates and Nobles fwear to receive her a§ their
Queen and Princefs after his JDeceafe (<?) : But fhe
marrying afterwards to the Emperor, and being
out of the Realm when King Henry died, the
Archbifliop of Canterbury^ with the reft of the Pre-
lates and Nobles, contrary to their Oath and
Agreement, elected Stephen Earl of Blots for their
King, and put by Maud^ the rijjht Heir; Stephen
taking an Oath to grant and confirm fuch Laws and
Liberties, for the Kingdom's Peace and Settlement,
.as they propounded to him before his Coronation :
A very likely Means to {ettle Peace and Profperity
as they ir.iapjned. But was the Event anfwer-
able ? No, verily ; this curfed Perjury and Policy
brought all the chief Contrivers of it to great Ca-
Jarrity and miferable Ends, and ingeiidered a bloo-
dy Civil War in the Bowels of this Kingdom,
which continued no lefs than feyeirteen Years to,-
gether, \vith interchangeable Succefles, till the
whole
(a] Muttitvj Parit, Speed, Demi! in the Life of Kirg Styloi.
of ENGLAND. 407
whole Kingdom was laid wafte and defolate; moft An, 24 Car.
Houfes, Towns, and Villages burnt to the Ground ; 1 648-
their Gardens and Orchards quite deftroyed; their December.
Monies and Eftates exhaufted and plundered ; their
Cattle and Flocks confumed an.l eaten up ; their
Fields over-grown with Weeds inflead of Corn ;
moft of the People devoured by the Sword, Fa-
mine, and Peftilence ; and eleven hundred Caftles,
Holds, and Garrifons erected, which were no
other but Dens of Thieves and Plunderers. Such
was the Peace and Settlement this Policy produced.
At laft both Parties, weary of the Wars, out of
pure Necefiity came to a Perfonal Treaty ; and, in,
Conclufion, made this Agreement, That Stephen,
having no Iflue of his Body, (hould enjoy the
Crown during his Life ; and Henry, Son and Heir
to Maud, and next Heir alfo to Stephen, {hould
fucceed him after his Death ; and, in fome fort,
officiate with him in the Kingdom's Government
during his Life : And fo thefe long-lafting Wars
concluded, after which there were at leaft eleven
hundred Catties demoliftied by Order of Parlia-
ment, that had been creeled during thefe Wars to
the Country's utter Undoing. But if we difinherit
the Prince and Duke, for ought I difcern, if they
fuddenly recover not their Poileflion of the Crown
of England, after one feven Years of War already
elapfed, we may have feventeen Years more, and
feventeen after that again ; and be reduced to a
more miferable Condition than our Anceftors were
in King Stephen's Days ; and that on thefe Grounds :
firjl, ' The Conteft then was only between
two Competitors for this one Kingdom, who had
no other Kingdoms of their own to fide with them :
But the Prince and Duke, being fucceflively Heirs
as well to the Crowns of Scotland and Ireland, as
England, will have their Aid and Afliftance, and
of their foreign Friends too, to carry on the Wars
till they have got Pofleffion of the Crown of Eng-
land upon better Terms than ever t!u>v are like to
enjoy it, if we accept of the King's Conccflions ;
which we can never expect from them, if we de-
C c 4 pofe
408 The Parliamentary HISTORY
An. 24. Car. I. pOfe and kj'l the King, and difmherit and banifh
16^.8. ^ thcm for Traitors.
Pecember. Secondly^ * Stephen^ the actual King;, then had
no Ifiue at all, and Henry was next Heir to the
Crown, both to Maud and him; fo as both Titles
meeting in him, the Controverfy and Wars muft
needs ceafe : But if we fhall now fet up a new
King by Election, either of the King's Line or
otherwife, as long as there is either an elective
King, or hereditary, to exclude this Prince or Duke,
pr either of their Heirs, to whom the Inheritance
of the Crown belongs of Right, we can neither
hope for, nor expect, Peace or Settlement in this
Kingdom; as the bloody and long-lived Wars be-»
twecn the two Houfes of Lancajler and York will
inform us, which never ended till they were both
united in King Henry VII.
Tie Difiblution * The Army's next Propofal for fettling Peace
ParllLentand K 3S baJ 3S ™7 °f the form.er> W'Z (Z^ T/» ' $"*?
a new Method (KJJolving of this prcfcnt Parliament ; which, if not
of electing the prefently confented to, for ought I difcern by their
frtuw. jafl. £)eclaration, they are refolved to diilolve it by
open Violence on the Houfes, v/hich they threaten.
A Tempeft certainly of the Jefuits raifing, to blow
down this Parliament, as they would have blown
up that of 3 Jacob? with Gunpowder. But is this
a Way to Safety and Settlement, to diflblve the
only vifible Means of both ? If the King, Prince,
Duke, and Parliament, be all diffblved and quite
]aid afide, what Means or Hopes at all of Peace, of
Safety, of Settlement, can any Man in his right
Senfes rationally fee or imagine ? Is the Overtuin-
it\<y of the very Foundations and Pillars of our
Church and Kingdom the beft and fafeft Way to
fettle and prcferve them ? Is it not the only certain
Way to fubvert and ruin them ? Such Ways of
Peace and Settlement as thefe are fitter for Bedlam
than a Parliament Houfe,
* Yea, but they have one infallible Way more,
to which all the reft are but preparatory, to fettle
Peace and Safety in. our Kingdoms, which they
idolize,
(£} In this Vojutr.e, p. 232, ct fa.
of ENGLAND. 409
idolize almoft, viz (c), A new Representative , or An. 34 Car. I.
mock Parliament, to be immediately fubfcribed to t l6*8'
and fet up in Poft-hafte ; conftituted neither of December.
King nor Lords, (the Brats of Tyranny and the
Norman Conqueft, as fome of themfelves pretend,
as this Rcprcfentative is of the Army) nor yet of
Knights, Citizens, and BurgefTes duly elected; but
of a felecled Company of politic Mechanics, prag-
matical Levellers, and Statefmen of the General
Council of the Army, (as they ftyle themfelves,
by what Commiffion I know not) who have ufurped
the whole Power both of King, Parliament, AC-
fembly, and all Courts of Juftice, before their Re-
prefentative be fettled, as a true Pattern of it,
which they are to imitate. A meer whimfical
Utopia and Babel of Confufion, invented by the
Jefuits to pleafe the vulgar Rabble, and ftir them
up to Mutinies againft King, Lords, Commons,
Gentlemen, and their Superiors of all Ranks ; that
they alone may poflefs and fway the Reins of Go-
vernment, Magiftracy, and Miniftry, to which
they have now prepared their tumultuous Spirits.
JVIuch might be faid againft it (d), but I (hall con-
tradl my (elf, becaufe nothing can be fo much as
probably pretended for it.
I/?, * It is a new Jefuitical Popifh Gunpowder
Treafon with a Witnefs, which blows up and de-
frays at once the King, Prince, Dake, Lords,
Knights of Shires, Citizens, Burgcfles, this pre-
fent and all future Parliaments, and noblcft, an-
cienteft Cities and Boroughs of England. Is not
this a blefied Invention to fettle Peace and Safety ?
2^//x, * It blows up both our Magiftracy, Mi-
niftry, Laws, Liberties, Judges, and Courts of
Juftice at one Crack ; and breaks them all in
Pieces, to raife up this new Babel out of all their
Ruins. And is not this a blefled new Invention of
Jefuits and Saints to fettle Peace ?
3^/X, * It blows up all our Oaths of Supremacy
and Allegiance, Proteftation, Solemn League and
Covenant ; all former numerous Declarations, Re-
monftranccs,
(<•) In thi» Volume, p. 174, 5; 252, 3,4.
(d) bee Mr. Aj*rfi Rcaioni jj;ainfl it.
1%e Parliamentary HISTORY
monftrances, Votes and Refolutions of one or both
Houfes of Parliament, not to alter the prefent Form
December. °f Government by King) Lords, Commons, and other
ordinary Magiflrates and MiniJIers of public Ju/iice ;
or let l-'cje the Golden Reins of Government to B/af-
phemies, Herefies, Errors, Libertimfm, Profancnefe,
Schifm, and all Sorts of Religions (^). It unfettles
all Things, to fettle that which is worfe than no-
thing. And is this the Way to Safety, Tranquil-
lity, or Settlement ?
4//->/y, ' It inforceth a Subfcription more unjuft,
unreafonable, illegal, tyrannical, and penal, than
ever the Bifhops or Pope invented ; invents and
feis up the very worft of Monopolies, a Monopoly
of Electors, of Elections, and of Reprefentatives
elected ; ingrofling all Men's ancient Rights, Li-
berties, Privileges of Election, without Confent or
Title, into the Hands of thofe who never had a
Right unto them, the People ; who are no Free-
holders, no free BurgefTes, free Citizens, or Men
capable of Votes by Law ; and thefe People no
other than the Army themfelves, and fome of their
levelling Confederates, who muft poflefs, judge,
rule, ufurp the Rights and Privileges of the whole
Kingdom, in point of electing Parliament Mem-
bers, without Charter or Title (f). A curfed Mo-
nopoly, which will difcontent all Men who are
thus injurioufly deprived of their Riohts, and pro-
duce nought elfe but infinite Animofitics, Factions,
Fractions, and Tumults throughout the Kingdom ;
and difcontent all wife, all honeft Men, who will
rather die than not oppofe it unto Death, as carry-
ing the Death and Funeral of all Peace, Settle-
ment, Parliaments, and the Kingdom in its Bowels.
And is this a fit Tool to piece and unite our fhat-
tered Kingdom, and fettle Peace amongft us ?
5//J/K, ' It no way extends to Ireland or our
Iflands, but to England only ; it will require many
Years
(e} Vol. XII. p. 396. Vol. XIV. p. 347.
if) The Army's Remonjlratice, in this Volume, p. 131, 3, 4.
The Agreement of the People, firft printed in 1647; but after-
^lards new modelled, and efpoufed by the Army. This remarkable
Piece will appear under the Proceedings of the zoth of January.
of E N G L A N D. 411
Years Time and Trial to fettle and fecure its own An. 24 Car. I.
Being, Privileges, and Power, and gain a general
Obedience to its new-erecled Sovereignty ; fo that December. '
our Church and State will be funk and drowned,
and Ireland inevitably loft, before this Ark will or
can be prepared for their Safety.
6tb/y, * This new Reprefentative in this new
Remonrtrance is, in Tcrminis, nought elfe but the
very Agreement of the People, prelented to the
Houfe by the Agitator?, accompanied with fome
Jefuits, on the Qth of November, 1647 ; then, and in
that very Month, twice, by two exprefs Votes («),
upon folemn Debate, and an Ordinance of both
Houfes in December following, refolved to be de-
frrudlive to the Being of Parliaments, and to the
Fundamental Government of the Kingdom j a
lignal Brand of Difability and Imprifonment im-
pofed on the Contrivers and Prefenters of it, and
then condemned by the General and his Council
of War, who (hot one White to Death for abet-
ting it 3 of which more anon : Therefore it feems
a Miracle to me that they fhould now be fo
vertiginous, rafh, and audacious, as to tender this
to the Houfe again with fuch Poft-hafte and Vio-
lence, as the readieft, fafeft, and fpccdicft Courfe
to fettle Peace and Safety, and fet afide the only
Means of Settlement, the Treaty. O the Inccn-
ftzmcy and ftrange Intoxications of thefe new Saints .
and Statifts, who would make the Houfes as in-
conftant as themfelves !
Mr. Speaker,
' Since then I have clearly manifefted to you, Tf,e ^^..'5
that all thefe Propofals of Peace and Settlement in Pn pofals a meer
the Army's late Remonftrancc, are all and every Jeruitical Con*
c , J n r> •• T/-'-I/"«' tnvance to over.
of them moit apparent Precipices, Jefuitical Con- turn thc whol«
trivances, and Labyrinths of fpcedy, imminent, Conftitution.
\mavoidable, Ruin and Confufion to our King,
Prince, Kingdoms, Magiftracy, Miniftry, Church,
Religion, Laws, Liberties, Government, the pre-
fent
(a] Thefe Refolutiorw arc given at large in thc fubfequent Part of
this Speech.
412 fie Parliamentary HISTORY
An. 24 Car. I. fent and all fucceeding Parliaments, and the Army
_^ too, it muft needs be the very Extremity of Mad-
to ^et §° that fpee(ty, &&, and f"re Wa7 to
certain Peace, Security, and Settlement I have pro-
pounded, by accepting of the King's Conceflions,
to catch at fuch a falfe deceitful Shadow of Settle-
ment as this, which will ingulf us in endlefs Wars
and Miferies. It is a Rule in Policy and Divinity,
Ex duobus Mails minimum ellgendwn ; But of thefe,
one being a moft certain deftru<5tive Evil, and the
other a certain Good and Advantage of the higheft
Nature, it can admit of no Deliberation which of
them to embrace j and fo much the rather, if we
fadly confider our deplorable and almoft defperatc
Condition, both at home and abroad, pertinent to
the Point in hand.
* We are all weary of a long and coftly War,
and yet God hath fo infatuated many, that tho'
in Words they dcfire, yet in Deeds they reject, all
Ways of Peace, and caft them out of their Hands
when put into them ; as if they delighted to have
our Wars fpun out, like Amaleck's, from Genera-
tion to Generation. We are unable any longer
to maintain a War, and yet are unwilling to give it
over. But I befeech you now ferioufly to confider
into what great Straits and Difficulties you are al-
ready brought, and how the true State of your
Affairs ftands in relation to your Forces and Friends,
both at home and abroad.
* There are many Thoufands of Rcformadoes,
that have formerly ferved you in your Wars, who
lie daily clamouring at your Doors for Arrears,
complaining they are ready to ftarve, and fome of
them to rot in Prifon ; defiring but fome inconii-
derable Sum to fatisfy their prefent Necefikies, and
you return them for Anfwer, That you are unable
to raife it ; and, after many Debates upon their
general Ordinance, you cannot, in divers Months,
pitch upon any probable Means to fecure their
Arrears, amounting, as is conceived, to above
20,000 /. The Arrears alledged to be due to the
Army, whp now take free Quarter, and eat up
the
^ENGLAND. 413
the Countries where they lie, amount to above An. 24 Car. f.
300,000 /. and how to raife Money to difcharge I648> _^
this Debt, or fo much as to difband the Supernu- December,
meraries, and reduce the Army into their Winter- '
Quarters, hath put you to a Stand for many Weeks,
and as yet you know not how to do it ; fo as free
Quarter muft (till continue to ruin us on the one
Hand, and your Debts and Arrears be daily mul-
tiplied to undo us on the other. Your Navy is
now coming into Harbour, and your Mariners ex-
pect a prefent confiderable Sum, amounting to ma-
ny Thoufands, to pay them off; and you have not
yet one Penny in your Treafury to fatisfy their Ar-
rears, and can pitch upon no Way to raife any
prefent Monies, but only by the Earl of Arundell's
Compofition, amounting in all but to 6ooo/. and
the Moiety of it not to be paid till three Months
End at leaft. What your other Debts of the Na-
vy are, and how many thoufand Pounds you owe
to Mariners, Matters, and Tradefmen, the Com-
mittee of the Navy can beft inform you. Your
Debts to your Artificers, Waggoners, and fuch
who have advanced Monies upon the Public Faith,
amount to two or three Millions at leaft : Befides,
your Debts to PlymoutJ) and other Garrifons are
fo great, that they are all ready to mutiny and dif-
band for Want of Pay. Your Debts to the Sol-
diers and Officers in Ireland are vaft ; and, if fpee-
dy and large Supplies of Men, Provifions, and Mo-
ney arrive not there within one Month, Col. Jones^
and your other Officers there, profefs the whole
Kingdom will be utterly loft ; and you, for ought
1 find, have no poflible Means to fupply them with
cither.
' If then your Debts are already fo great to
Reformadoes, Tradefmen, the Army, Navy, Gar-
jifons, and thofe who have lent you Money, that
you know not how to fatisfy any one of them : If
you have not Money to pay your Army or Na\y
at the prefent, nor to maintain them for the future,
why do you now refufc that Peace which is ten-
dered you upon fuch great Advantages j and chufe
a War,
4*4 ^Je -Parliamentary HISTORY"
An. 24 Car. I. a War, which you know not how to maintain, and
1648. miu't needs break you and the Kingdoms Backs
' - v , in a few Months more ? Your Credit is quite loft
December. ,11 • n r>i /">• i <~<
and broken in all Places, in City, and Country ;
You cannot now borrow fo much as io,oco/«
for ought I know, upon any fudden Occafion,
were it to fave the Kingdom : Your Breaches of
Faith and Security heretofore, and Clafhes with the
City, have made you almoft Bankrupts, if not al-
together. Gchljmitbs-Hall, the Excife, Camdcn-
Houfe, and the CuJJam-l-loiife^ are already charged
with more Debts than are likely to be paid in many
Years ; Compofitions are almoft at a Stand or End ;
Sequeftrations generally difpofed of to each parti-
cular County, or other Ufes ; Bifhops Lands en-
gaged for far more than they are really worth j
you have nothing of your own or the Publick's left
to raife either prefent Monies, or Credit whereon
to borrow them ; bcfides, the City, Country, an4
whole Kingdom are now quite exhaufted, and al-
moft as poor as naked Job was ; man}' Counties
of the Kingdom are fo impoverifhed and exhaufted
with the laft Wars, efpecially the four Northern
Shires next to Scotland^ that, as their Knights and
Burgefles aflure you, they are fo far unable to pay
any Taxes, that they already ftarve and perifli in
moft Places for Want of Food, and are Petitioners
to you for fome Reparation towards their great Lof-
fes, and prefent Support to keep them from ftarv-
ino; ; the rich aflbciated Counties have been fo nar-
rated and undone by the laft Summer's War, that
they are grown poor, unable to lend or contribute
to you any more Force or Affiftance; the exceflive
Dearth of Corn and Provifions the laft Year ; the
great Dcftrudtion of Corn by unfeafonable Weather
this prefent Year, which makes that which is
wholefome exceeding dear; the extraordinary Rot
among Sheep, and Murrain among Cattle (which
(hould raife Monies) in all Counties ; the general
Scarcity and Decay of Trade by Land, of Mer-
chandize by Sea, and apparent Probability of their
decaying every Day more and more, by reafon of
i the
of ENGLAND. 415
the revolted Ships and Irijh Men of War ; the Se- An, t4 car. l.
queftrations of the malignant, the Plunderings and *6*8'
Lofies of the well-aflected, Nobility and Gentry, *~ jvcember
have fo impoverifhed all Sorts of Men (but the
Soldiers and Army, and fome few Treafurers and
Officers) that they know not ho^v to live or fubfift
almoft, much lefs to lend or contribute to main-
tain fuch a numerous Army by Land and Sea, and
fupply Ireland's preffing Neceffities. If you can-
not tell how to pay your prefent Debts, what Folly
is it to augment them for the future ? If you can-
not pay your Army or Navy now, how will you
be able to do it hereafter ?
' If then you will have no Peace with the King
upon the Treaty, but break it off, and keep up a
War and Army ftill without Colour of Reafon, in
this your impoverifhed and exhaufted Condition,
then mark the Consequence : Your Forces being not
duly paid, will live upon free Quarter ftill, and that
will undo the Country and make them defperate ;
and when they have eaten out all the Poor, then
they will mutiny, and fall on all that are Rich ;
put them to prefent Fines and Ranfoms at their
Pleafure, eat them out of Houfe and Home, (hare
their Eftates and Offices, which many of them
already profefs to be theirs by Conqueftj and then
the longeft Sword will be the only true Judge and
Meafure of all Men's Properties, and Divider of
their Eftates, as well in this as former Ages > of
which we already begirv to feel fome fad Experi-
ments. And as the Soldier on the one Hand, fo
the penurious poor People in every Place, for Want
of Work and Employment, and Bread to put into
their Mouths, encouraged by the Soldiers uncon-
trouled Infolence, will fall to plunder and level
all rich Men on the other Side. And if the Ar-
my's Remon/lrance and the Agreement of the People,
now in hot Purfuit, take Place, Miniftcrs (hall re-
ceive no Tythes, Landlords no Rents, Creditors
no Debts, and opprefled ruined Perfons no Law
nor Juflice ; Kings muft go down ; Princes and
Peers quite down ; Parliaments down ; Judges,
J uftu.es,
416 7Z><? Parliamentary HISTORY
. 04 Car. I. Juftices, Magiftrates, Laws, Tenures, Inclofurcs*
l64s- down ; all rich and landed Perfons down ; their
ver7 Wealth and Eftates will be fufficient Caufe to
make them Malignants to a ftarved Peafantry and
an all-conquering unpaid Army ; and then what
follows but immediate irrecoverable Ruin ? I be-
feech you, therefore, confider in what a defperate,
hazardous Condition we and the whole Kingdom
now ftand at prefent ; how near we and Ireland
are to the very Brink of Ruin. If we will now
put in to that fafe and fure Harbour of Peace which
the prefent Treaty invites us into, without any
further Coft or Fear of Ship-wreck, we may yet,
through God's Blefling, be fafe and happy : But
if we now willfully put forth to Sua again, among
fo many Rocks, Shelves, and Quick-lands which
furround us on every Side ; and will yet chufe
War inftead of Peace, when the golden and filver
Sinews that formerly maintained it are quite fhrunk
up, we can expect nought elfe but drowning^ and
a fudden Ship-wreck of all our Kingdoms, Parlia-
ments, Liberties, Eftates, and of our Church and
Religion too.
' Yea, but, fay fome, though all this be Truth,
xve muft not difpleafe the Army, who are our pre-
fent Strength and Safety ; for then we are loft in-
deed.
* I have anfwered this Objection once before in
one Senfe, in relation to the Treaty's Satisfadtori-
nefs j I {hall here anfwer it in another. I fay
then,
I/?, ' That we have a God to pleafe, who will
be difpleafed, if we pleafe the Army in their unjuft
Demands ; and better it is to pleafe God than any
Army whatfoever. If God be with us, who can
le again ft us ? We need no Army's Protection, if
the Lord of Hofts be our Guardian.
"idly, ' We have a Confcience to pleafe, as well
as an Army ; and we muft fatisfy that, though the
Army (who pretend fo much for Liberty of Con-
fcience, yet will allow us none, or very little) be
never fo unfatisfied with it.
JV * We
cf ENGLAND. 417
3r//y, c We have a Kingdom, nay, three King- Aa. 24 Car. I;
Corns, to p:eafe, and to lave too ; and mult ratlur
'pleafe and fave them, by rejecting the Army's Pro-
pofals, which will inevitably ruin them, than pleafe
the Arm/, in being any way inilrumental for their
Deftruchon, by embracing their deilruclive Coun-
Tels : If our Kingdoms be preferved, we may have
another Army, tnougti this be difbanded, diilblved,
yea, dettroyed ; but if thefe Kingdoms perifn by
our purfuing their rafti Propofals, we {hail neither
have this Army, nor any other Army, who muft
certainly perifli in and witli the Kingdom's Ruin.
\tbly, ' We have a Navy to pleafe as well as
->.n Army, and which is more confiderable to us
rhun an Army. A new Army may ibon be railed,
i hough t;ie oid be difbanded ; but a Navy being
once lull, Ships will not gro\* again, nor another
Navy be buik in many Years. And will not the:
ple-afmg of the Army in this, difpleale and lofe the
Navy aow, as it did the laft Summer, to your great
Lofs and Danger ? And can this Army guard the
Kingdom againit any foreign invaiions if the Navy
be loll? No, nor treble their Number. Loolc tlicn,
if you pleafe, to your Navy as well as your Army;
5//;/y, ' We have many hundred thousands («) of
well-afFeited and cordial Chriitians and Covenan-
ters to pleafe, who have adventured their Ettates,
Lives, and Limbs in the prefent Cauie, and many
of them done as gallant Services in the Field, both
this laft Summer and before, as any in this Army ;
;\nd are more conuderable for Number, Q^rality,
Eftate, Wifdom, Parts, and real Piety and Love
to the Public Intereft, than the' Army-. All which,1
I am certain, \ve lhall highly difcontent and grieve,
nay, palpably over-reaca and cheat to their very
Faces, if we Diould pleafe the Army in their prc-
> jrruncis, to their great Prejudice and S^andal^
and our K~lij;ir>u's too. 1'hcre was no M.m of
VOL. XVlIf; D d public
-f P.<-r.infirjnce uf tbt N^tbtrn Ajfxia'.Ln:, pri-r«d in t547«'
^6e huni
i, and Fntki:.l:, : of tj< EJfirnJlfiiiaiiift
4 1 8 T/je Parliamentary HISTORY
An. *4 Car. I public Spirit that engaged with,, contributed to-
*64S- wards, or took up Arms in, the Parliament's Ser-
' December. v^ce» or Caufe at firft, but meerly upon thefe five
Grounds, exprefled in all the Houfes Remon-
ftrances, Declarations, Petitions, Proteftations, and
in the Solemn League and Covenant :
The real Mo- I. * To defend" and maintain the true Prote-
tiv.s of taking ftant Religion, aeainft Popery, Error, and Super-
«p Arms againft ^-^
2. < To defend the King's Royal Perfon, Digni-
ty, and legal Authority, againft Violence, Treach-
ery, and Ufurpation.
3. * To maintain the Privileges, Rights, and
Freedom of Parliaments, and the Fundamental
Laws and Government of the Kingdom, againft
State Innovations and Tyranny.
4. « To rcfcue the King's Perfon from evil Coun-
fcllors, and bring fuch Incendiaries and Delinquents
to condign Punifhment.
5. ' To fettle the Kingdom in Freedom, Safe-
ty, and Peace, againft Cruelty, Dangers, and im-
minent Wars and Tumults.
' Upon thefe Grounds, and for thefe Ends only,
did both Houfes, and all who adhered to them, or
took up Arms for them, by their Commiffioners,
engage, and fo did this very Army (£). I appeal
then to every Man's Confcience, Whether the
Houfes, or any who engaged with them, did ever
contribute any Monies, Plate, Horfe, Arms, or
march out as an Officer or Soldier under them in
thefe Wars, with any fuch Intention as this, to
depofe and bring the King to Juftice ; difmherit
the Prince and King's Pofterity ; diffolve the pre-
fent Parliament, and pull up by the Roots all fu-
ture Parliaments and their Privileges ; fubvert the
Fundamental Government of the Realm, and fet
up a new Reprefentative to dafh all thefe in Pieces ;
and to deftroy Religion, Magiftracy, and Mini-
ftry ? Did they not all abhor and difclaim in pub-
lic, all fuch Thoughts and Intentions as thefe ?
And,
(1} Hujkandi's CalleRiotu, Folio Edition, p. 599.
tjf E N G L A N D. 419
And, when objected by the King and his Party out An- 24 Car. r.
of Jealoufy and Fear, did not the Houfes prefent- t *' [ J
ly refent and rembnftrate againft it as the grofTeft December.
Scandal on them and their Adherents (c) ? Or would
fever a Man have engaged with the Houfes, or the
Houfes with them in this War, or inrolled his
Name even in this new modelled Army, had he
been told at firft* That he muft fight to depofe the
Kingj and bring him to Execution ; to difmherit
his Pofterity } to diflblve this Parliament, and the
very Rights, Privileges, and Being of all future;
Parliaments ; to fet up a new Government and
Reprefentative in our Church and State ; to alter
and change all Things at their Fancies, and to
break every Claufe and Article of the Solemn League
and Covenant : If not one of thefe was the true
End of our Wars and Engagements againft the
King at firft, and all along till now, but the clean
contrary to them ; then how can they now be pro-
pounded as the only Fruits of our Wars, and Means
6r Conditions of our Peace and Settlement ? Will
they not all fay, if the Houfes or Army proceed in
their Propofals for Peace and Settlement, mention-
ed in their laft Remonftrance, that they engaged
and took up Arms to do quite contrary to what
they now propofe to the Houfes, and endeavour to
inforce them to put it into punctual Execution ? And
will they not now fay, That they are, by their
original Engagement and Covenant, obliged, with
their Lives and Eftates, to oppofe and oppugn the
Army in all thefe Particulars ; that having thus de-
clared and refolvedj they cannot pray for, but
Againft, the Army's late Succefles herein ; that they
cannot henceforth contribute towards their future
Pay and Supportj in point of Confcience or Pru-
dence, but muft withdraw and with-hold their Con-
tributions, and refift them to their Faces ; declare
their Commiflions null, and not look on, or take
them as an Army, but as a tumultuous Rout of
Perfons, aflcmbled without Commiflion, to adt over
D d 2 Jack
(c} Vol. XI. p. x6i. llujbemdti Ce!!tftitns: #o, p. 657, 695,
F 420 The Parliamentary HISTORY
An. 24 Car. I. Jack Cade's Treafons again ; and quite pull down
1648. tnat Frame of Government and Order which they
l~" •r~~. ' have been building up and fupportins; thefe manv
December. _, • u r v /T TT r >r- r
Years, with luch valt txpence ot Treafure and
Blood ? Better then difpleafe the Army, than that all
thefe Covenanters and Engagers fhould fufFerj to
theirs and three Kingdoms Hazard, Ireland's certain
Lofs, and this very Army's Overthrow ; which thefe
Jeluitical Defigns will certainly deftroy in a very
ihort Space, if they, Jehu like, drive on fo furi-
oufly, in the Profecution and Executjon of them,
as they have done of late.
' Confider, I befeech you, of the Defparatenefs
and exceflive unavoidable Deftru&ivenefs of thefe
monftrous Ways to the fpeedy Peace and Settle-
ment of our Church and State, and of the Safety and
Security of the Things yourfelves have pitched on
for Peace and Settlement, in and by the Treaty ;
and the Lord guide our Hearts and Votes aright
therein, that we chufe not Death inftead of Life;
the Ways of Mifery and Deftruclion inftead of the
Way of Peace ; which Armies feldom know, or
prefcribe to themfelves or others.
, Mr, Speaker,
The Jefuits, the « Having thus demonftrated to you the unavoid-
vlrs'and Foment- able Dcftruaivenefs and Confufion of thofe Couri-
ers ot all the cils and pretended Ways of Settlement, which the
Mifchkfs fet on Officers of the Army have propounded, and would
foot by the Ar- imper;oufly antj forcibly thruft you upon, to the
King's, Kingdom's, Parliament's, Religion's, their
own,, ours, and Ireland's certain and moft fpeedy
Ruin ; I muft now crave Leave, with much Sad-
nefs of Heart, to unbofom my very Soul unto you,
and difcover you that Secret which God hath fo
clearly m an i felted to my Underftanding, that I dare
not, under the higheft Penalty, but acquaint you-
with ; That the Jefuits and Roman Priefts and Ca-
tholics are the original Contrivers, and principal-
Fomenters, of the late and prefent Diftempers, and
vr.dutiiul mutinous Proceedings and Councils of the
Officers
^ENGLAND. 421
Officers and Army ; and chief Contrivers of the An- 24 Car. I.
new Babel, or Model of Confufion, which they ,
have tendered to you in their late Remonftrance, December. "
as the only Way to Peace and Settlement. And
if I {hall clearly demonftrate this unto the Houfc,
I hope every Member prefent, and the whole Ar-
my and Kingdom, when they know it, will eter-
nally abhor and renounce it, and never henceforth
countenance or promote this Jefuitical and Romifti
Defign j which I am perfuaded the General, and
moft of the Officers and Soldiers of the Army, in
the Simplicity of their Hearts, with honeft and
public Intentions of Juftice and common Freedom,
have been ignorantly drawn into, by the over-
reaching Pates and Machiavellian Policies of thefe
cunning Jefuits, who can metamorphofe themfelves
into any Shape, and invifibly infinuate themfelves
into their Councils and Actings, to promote their
own Intereft and our Deftruclion.
* I do not profefs myfelf to be any great Statef-
man, or exactly to know whatever is fecretly tranf-
acted among us ; but this I can fay, without Dif-
paragement to others, or Vain-glory to myfelf,
That I have, for many Years laft paft, been as
curious an Obferver of all the great Tranfacliorts
of Affairs in Church and State, and of the Inftru-
ments and Means by which they have been covert-
ly contrived and carried on, as any Man in this
Houfe or Kingdom j and that God hath honoured
me in being one of the firft Difcoverers and Op-
pofers of the Jefuits and Papifts Plots to undermine
our Religion, and uflier in Popery by Degrees into
our Church, by making ufe of our Popifh and Ar-
minian Prelates and Clergymen as their Inftru-
ments, and broaching one Arminian and Popilh
Doctrine, and introducing one Popifh Superftition
and Innovation after another; of which Ihavegi-
ven-this Houfe and the Kingdom the fulleft and
cleared Difcoverics of any Man ; and likevvife of
introducing Tyranny, arbitrary Power, and civil
Combuftions in our State, of which I likewife made
feafonable Difcoverics and Oppofition j the Ground
D d 3 of
422 ¥be Parliamentary HISTORY
An, 24 Car. I. of all my Sufferings, clofe Imprifonment and Ba^
t ' _t nifhment, to prevent the like Detections and Op-
December, pofitions. And, fmce my Return from Exile, I
have, in my Rome's Ma/hr-Piece, The Royal Po-
pijh Favourite, Hidden Works of Darknefs brought
to public Light, The Antipathy of Englifh Prelacy
to Unity and Monarchy, and The Hiftory of the
drchbijhop of Canterbury's Trial, and other Writ-
ings, given the World fuch an exa& Account of
the Jefuits and Papifts Plots and Influences upon
our Church, State, Court, Councils, Prelates, cor-
rupt Clergy, and all Sorts of People, to reduce us
back to Rome, fupplant Religion, fubvert Parlia-
ments, fet up Tyranny, and involve us in Civil
Wars both in England, Scotland, and Ireland, (con-
cealed from moft, and fcarce known to any before
thefe Difcove:ies) as none elfe before or fmce my-
felf have done ; all which both Houfes have fmce
approved, and made ufe of in feveral Declarations
and Remonftrances : And therefore I may, with
greater Confidence and better Grounds, adventure
on this Difcovery, of which moft hereprefent (who
are little acquainted with Myfteries of State or Po-
litics, and trouble not their Heads with fuch In-
quiries after them as I have done) are utterly, ig-
norant, and fo apt to be deluded, and eafily over-
reached j the plaineft open-hearted Men being
eafieft to be over-reached by Jefuits and their In-
ftruments j efpecially when they transform them-
felves into Angels of Light, or become new Lights,
to broach new ftrange Opinions, or revive old Er-
rprs under the Notion of new Lights, as they have
lately done, to lead captive filly People.
' To make out this Difcovery fo clearly evident
that none can rationally deny, but be fufficiently
convinced of its Truth, I muft remind you of thefe
Particulars, of undoubted Truth and Certainty,
which this Houfe and the Houfe of Lords have
jointly and feverally publiflied and remonftrated to>
the whole Kingdom, King, and World, in feveral
Declarations and Remonftrances, and other printed
Papers.
r/ £ N G L A N D. 423
iflt * That the Jefuits, and other Engineers An. 24 Car.
and Favors for Rome, for the Alteration of Reli-
giori, the fetting up of Popery and Tyranny in this
Kingdom, and Subverfion of the Fundamental
Laws and Government of it, did, long before the
Beginning of this Parliament, compofe and fet up
a corrupt, malignant, ill-afTe6ted Party, confiding
of corrupt Bifhops and Clergymen, fpme great Of-
ficers and Counfellors of State, and others of Truft
and Nearnefs about the King, his Children, and
Court, to carry on thefe their Defigns, who were
adled by their fubtil Practices j and that, by this
Means, thofe Jefuits and Romljb Engineers had a
very powerful Operation upon his Majefty's Coun-
cils, and the moft important Affairs and Proceedings
of his Government both in Church and State (c}.
2<#y, ' That the moft dangerous Divifions, Pre-
parations, and Armies to make a War between Eng-
land and Scotland^ were made and carried on by
the Practices and Counfels of the Jefuits, Papifts,
and their Confederates ; many Scots Jefuits being
fent from London into Scotland to foment the Di-
vifions there ; and a general Convention of all the
principal Roman Catholics in this Kingdom, and
of fundry Priefts and Jefuits, whereof Con the Pope's
Nuncio was Prsfident, being held in London ;
wherein great Sums of Money were granted to-
wards the raifing of the Army againft the Scots,
and Treafurers and Collectors appointed by them
in every County ; and Popiih Commanders fent
for over and employed in that Service, as was ap-
parently proved before a Committee, and reported
to this Houfe foon after the Beginning of this Par-
liament, as your own Journals manifeft (d).
4 And it further appears by one who was privy
to that Plot, fent from Rome as an Afliftant to Cony
D d 4 who,
(f) All this is, in Ttrmi'nis, aflerted by the Common* in their Pe-
tition to the King at Hampten-Court, and the Rcmonftrance of the
State of the Kingdom, prefented with it, m Dicimbtr. 1641. Se»
Vol. X.
(4) Commons Jaurnaltin January, 1640. Set alfo Rt/JJ:ivortl*i
Cai'ffiiert, Vol. IV. p. 160. <( ;r?. ar.d io our Ninih Voluu.c,
p. 111.
424 7& Parliamentary. H I § T o R V
. 24 .Car. I. who, out of Confcience, revealed all the Secrets
1 s°' of it to dndreas ab Habernfeldt^ Phyfician to the
Queen of Bohemia at the i-'cgue^ under an Oath
of Secrefy, and he to Sir IVttliam T$0jkvell and the
King, (the Originals whereof are in my Cuftody,
and rublifhed by me, at your Appointment, in my
Rene's MfJlcr-Piece(a} that the Enii of the Scots
Wars was to engage the King to caft himfelf
wholly on the Papiits and their Parry, (the Puri-
tans and Proteftant Party being averic'to this War,
and inclining to the Scots) who would not engage
to afEft him, unleis he would condition with them
to grant an univeifal Toleration of Popery, 'and
free Exercife of that Religion to the Pap'ifts, if
their Party prevailed ; to which if he (hould fhew
himfelf unwilling or averfe, then they would pre-
fently difpatch him out of the Way, and poifon
him with an /«.'//#« Nut, which they had prepared,
kept in Con's Cuftody, as they had poifoned his
Father King James ; and the 'Prince bring next
Heir to the Crown, educated near his Mother, ac-
cuftomed to the Popifli Party, and eafy to be per-
verted in his Religion, being but' young and under
Age, they would get him into their Power,' educate
him in their Religion, and match him to a Papift;
and fo all their W'crk accomplifhed. Popery fct up,
arid the Protcflants and their: Religion Icon extir-
pated both in Etig/A&fl Scstland, and Ireland.
' In this Difcovery he further relates, That there
were under the Command of Cardinal Bar'/erini^
the Pope's Nephew, Protector of the Engiijb Ca-
tholics, and Con his Nuncio, refident in London^
four feveral Ord'ers^of Jefuits, meft active in thefe
Defigns and Wars, and Difturbers of Chriftian
Kingdoms.,
' "The mil, Ecclefiaftics, whofe Office it is to
take Care of Things promoting Reh'jon.
c The fceond, Politicir.ns, whole Employment
it is, by anv Means whatsoever, to ihakc, trouble,
vc-fonn, ar.t: ":ate cf K.' ^Ke--
.
Th?
0f E N G L A N D. 42-5
- The third, Seculars, whofe Property it isAn- *4 Car. I,
ro intrude themfelves into Offices and Places about ^_
Kings and Princes, and to infmuate and thruft - i>ec«nbei-.
themfelves into Civil Affairs, Bargains, Contracts,
and fuch like Civil Buftneiles.
' ' The fourth, Spies or Intelligencers, Men of
inferior Condition, who -fubmit an.i become Houfe-
ho!d Servants to Princes, Barons, Noblemen, Great
M«-n, Gentlemen, Cicizens, and others of all Pro-
feffii^ns, 'to difcover their Minds, and make ufe of
them to promote their Defigns.
'* Thefe Jefuits ufually met at one Capt. Read's,
a Scot [man, a Soldier and Lay-Jefuit, living in
Long- Acre, in the Habits of Gentlemen, Soldiers,
and Laymen ; and many of them followed the
C; mp as Soldiers in thofe intended Wars. That
there were near as many of all thefe feveral Sorts
of Jefuits refiding and lurking privily in and about
London, in September 16^0, (where were then above
fifty Scots, Jefuits) as were in all Spain, France, and
Italy ; who have ever fmce been promoting the
fame Defigns and Divifions among us, during ?.1L
thefe Wars, as what follows will demonstrate.
"$dly9 ' That the diflblving and breaking up of
all the Parliaments in this King's Ijleign, in Dif-
content, proceeded from the Counfels and Practices
of the Jefuits and their Popifh' Confederates ;' to
difafFect the King againft them, and prevent the
Calling of Parliaments for the future; as being the
principal Obftacle to prevent and counter-work all
their Defigns to promote Popery, and fub vert our
Religion, Laws, and Gpvernment.
4//;/y, « That the Jefuits, Popifti Priefls, Papifts,
and their Confederates, ever fmce this Parliament,
have, by Policy and Power, endeavoured to diflblve
and put an End to this prefqnt Parliament, as the
only Bafis and Support of our Religion and Liber-
ty ; the only Bulwark between us and Tyranny,
Popery, and Saperftition, ready to over-run the
three Kingdoms > the Diilblution whereof would
not only deprive us and our Pofterities of the pro-
ient, but of the Hopes and Capacity of any future
' Parli.i-
426 The Parliamentary HISTORY
An. 74 Car. I. Parliaments; and that they have indefatigably ufcd
and left no Means unattempted to diflblve this Par-
liament, the Continuance and Clofe whereof with
the King, in a happy Peace and Settlement, would
fruftrate all their Hopes and Popi(h Defigns, as both
Lords and Commons have moft fully declared in
their Rcmonftrances of May 19 and 26(£), alfoin
their Propofitions in February, and their Declara-
tions in March, 1642 (r) ; and often fince : That
to effect this they have,
j/?, c Slandered and traduced this Parliament's
Proceedings both to the King and People, to ren-
der them odious to both.
"idly, * Endeavoured to bring up the Northern
Army to over-awe and force the Houfes to, aft ac-
cording to their Dictates and Interefts, or elfe for
to diflblve and deftroy them.
"$dly, ' Perfuaded the King to impeach the Lord
Kimhohon and the five Members, and then to come
perfonally with a ftrong armed Guard to demand
and feize upon their Perfons, which was firft plotted
in France.
qthly, < Raifed up a Rebellion of all the Papifts
in Ireland, to deftroy the Proteftants there, and
diflblve the Parliament here ; againft whom they
have publickly declared, and fent over Forces to
the King to aflift him in this War to fupprefs the
Parliament by Force of Arms.
5//>/y, ' Perfuaded the King, and many Lords
and Commons, to defert his Houfes of Parliament,
in order to diflblve and deftroy the Parliament,
and then to raife War againft them ; in which tfie
Jefuits and Papifts, at home and abroad, have been
moft active, and deepeft engaged both in Purfe and
Perfon ; they being the principal Contrivers, Abet-
tors, and Fomenters of this War, to fubvert our
Religion and Liberties, and fet up Popery and Ty-
ranny.
bthly, * Plotted the feizing and apprehending of
fome eminent leading Members, by a Confederacy
and
(b] Vol. XI. p. 1.4. 89. («) Vd. XII. p. 147. «/<?•
of ENGLAND. 427
Jind Commiflion here in London, for which Tomp- An. 24. Car. I.
kins and others were executed j as the Lords and ^ ' _,
Commons in their Declaration of Off. 22 (d)y and December,
their Humble Deiires, Feb. i, 1642, with other
Declarations fmce, remonftrate.
Jth/y, f That thefe Jefuits and their Party have
obftrucled, diverted and prevented, the Relief and
Supply of the Proteftants in Ireland with Men and
Money, to betray us into the Power of the Irijh
Rebels, and extirpate the Proteftants and their Re-
ligion there.
* All thefe are remonftrated and declared to all
the World by near one hundred of your own De-
clarations^), and every Man's real Experience: A I
which the. Army, in their late Proceedings, have,
purfued and exceeded.
f On the other Side it is as evident, by your
pwn Declarations, that this Army, and all your
other Forces, were purpofely raifed and engaged,
both by Commiflion, Oath, Covenant, and their
own folemn Proteftations and Remonftrances, to
defend the King's Perfon, in the Maintenance of
our Religion, Laws, and Liberties j to maintain
the ancient Government of this Kingdom, by King,
Lords, and Commons j the Rights and Privileges
of Members of Parliament, againft all Force and
Violence to them, and the Fundamental Laws of
the Realm ; and to extirpate, as much as in them
lay, all Popery, Idolatry, Error, Superftition,
5chifm, and whatever is contrary to foun,d Doc-
trine.
* This Engagement they really performed in the
Field, till all the King's popifh and prclatical Par-
ty in Arms were utterly routed and broken in Pieces,
and their Garrifons reduced to the Parliament; till
which Time the Priefts, Jefuits, and Papifts, join-
ed all the Force and Power they could raife, with
the King's Forces, againft the Houfes and this Ar-
my, to conquer and deftroy them: But their Hope*
and Defigns being wholly fruftratcd by the King's
total
\ (4) Vol. XI. p. 458. (f) Vol. IX.
428 ¥he Parliamentary HISTORY
n. 24 Car. I. total Defeat, thefe Jefuits and their Engineer%
^1648. ^ W^Q transform themfelves into all Shapes, and
December, leave no Means unattempted tocompafs their End?,
thsn faced about from the King's Parry ; and le-
cretly iniinuated themfelves into the Parliament's
Army, to mutiny and debauch them againft the
Parliament, and engage them to put a fpccdy Pe-
riod, and Diffolution to it. To this End they at-
tempted to hinder and difluade them from difoand-
ing and going over to relieve diftreffed Ireland ac-
cording to the Houfes Votes ; and to engage them
againft the Houfes in March, April, and May, 1647,
till which Time the Army had ever (hewed them-
fel.-e^ moft dutiful and obedient to the Houfes
Commands : But then, to divert and hinder all Re-
lief of the Proteftant Party, in Ireland then brought
low, and ready to be fwallowed up, (when we had
no Need at all of above feven or eight thoufand
{landing Forces in England, where there was no
vifible Enemy ; and might have fpared ten thou-
fand Men for Itdand, who would foon have quel-
led the Rebels and Papifts there) thefe Jefuits, and
their Pcpifh, Inftruments, at that very Inftant, which
is obfervable, on Purpofe to preferve their Party
in Ireland^ and deftroy the Proteftants there, not
only difluaded thofe of the Army who were en-
gaged and drawn off for Ireland from going thither,
but difcouraged and inforced them to defert that
Service ; yea hindered other Forces from going
over for their Relief; perfuading the Army, that
this dividing of them was but a Plot of Mr. Holies
and other Members to deftroy them; and then,
by fomenting this Jealoufy, and raifing up a new
Order and Council of Agitators in the Aimy, fome
•whereof were verily fufpe&ed, if not known to be
Jefuits, they caufed the Army, at a general Ren-
dezvous, to enter into a folemn Engagement not to
> dilband; but to march up to London, to force the
Houfes to alter, annull. and repeal divers Votes
and Ordinances they had pafied ; publiihed divers
icandalous Declarations and Papers againft their
Pro-
of ENGLAND, 429
Proceedings, to difengage and draw off the City An. 24 Car. I*
rmd Country from their Defence ; impeached no ^__ __j
lefs than eleven of their Members at once, (when December.
as the King impeached only five) demanded their
prefent Suipenfion from the Houfe before any legal
Charge or Evidence, elfe they would march up to
the Houfes Doors, and pull them out by Violence,
as the King would have done : After which they
foil to feclude and drive away more Members by*
3 new ex Ojfith Proceeding ; inforcing them now
at laft to accufe themfelves and draw up their own.
Cafes; and, in Augujl 1647, drove away moft of
the Houfe by their open Force and high Menaces.
c Then they fet up feveral Councils of State in
the Army; and, waving their Demands as Sol-'
diers, formerly infifted on, fell to new model the
State, contrary to their former Engagements ; ta
let up a new Model of Government ; to put fc
fpeedy and limited Time for the Period of this Par-
liament, and a new and more equal Election of
Members and Reprefentatlves, and Beginning and
Ending of Parliaments, for the future; receive
Petitions ; order all Matters of Church and State,
without the Parliament, who muft only ratify and
confirm their Votes ; and fell to treat with, and
tender Propofals of their own to, the King, without
the Houfes Privity. Befides, to pick a Quarrel with
the City of London, who had firit railed and \\ere
fo cordial to the Army and Parliament, and make
an irreconcilable Breach between the City and
Houfes, to> deftroy them both by Degrees, they
caufed the Houfes on a fudden, upon a Letter from
the General, in one Afternoon, without hearing
the City, or giving them the leaft Notice of it, to
recall the new Ordinance for fettling their MHitia ;
wherewith they being juftly oftended, thereupon
the Lord Mayor, Aldermen, and Common Council
prefented a Petition to both Houfes^ July 26, 1647,
to refettle their Militia as before, being in a full
and free Houfe fettled without any difienting Votes,
by all their Confejits, which was feconded • by a
Petition from the Apprentices ; who, being over
earneftj
4 ^tf The Parliamentary HISTORY
An. 24 Car. t earned, offered fome unarmed Violence to the
v__ ^ , Houfes, and got the Ordinance of Repeal nulledj
December. an^ the Militia refettled as formerly : Herepuoiri
they perfuaded the Army to march up fpeedily to
London^ (not only without, but againft the Houfes
Qrder not to quarter within forty Miles of the
City) to protect the Houfes from arty future Vio-
lence ; to bring the Authors of this Force to fpeedy
and exemplary Punifhment, and reftofe the Houfes
to a Condition of Honour, Freedom, and Safety ;
and that, by offering a greater Force to the Mem-
bers who continued fitting in the Abfence of thofe
who repaired to, and engaged with them, than that
of the Aprentices ; driving the Eleven Members,
formerly impeached, out of the Houfe and King-
dom ; expelling them, and others out of the Houfe ;
forcing away mod of the Commons ; nulling all
Votes, Orders, and Ordinances, from July 26, to
Augujl 6, 1647; and, after that, marched through
London in Triumph ; broke down all their Forts
and Works about the City ; took the Tower out
of their Poffeffion ; divided the Militia of Wejl~>
mmjler and Southwark from them j impeached and-
imprifoned fundry Aldermen and others, who ap-
peared moft active for the Parliament from the BeJ
ginning ; impeached, fufpended, and imprifoned,
feven Lords at once, for fundry Months together j
v afterwards releafed them without any Profecution :
And, by this Means, raifed fuch a Breach between
the City and Houfes, fet the Members one againft
another, and put fuch a Stand to their Proceedings,
by thefe Difturbances in the Parliament's Army,
as they could never effect before by all their mila-
trary Power and Forces, (f )
4 Now, lay all thefe Diftempers and Proceed ings
together, and compare them with the Army's late
Remonftrance, Declarations, Menaces, and pre-
fent March to London, to force and levy War a*
gainft the Houfes, and their Members, in cafe they
concur not with them in their Jefuitical Whimfies
and Defigns j and we {hall find them all fo oppofite
and
(f) Vol. XV, XVI. and XVII,
of E N G L A N D. 431
and repugnant to the Army's former Obedience, An. 2+ c»r. I.
Profeflions, and Principles j fo fuitable to the Je- v 64*' M
fuits Practices in every Particular ; all tending only Decemb«.
to force and diflblve this prefent Parliament, to
annul and invalidate its Proceedings, and weaken
all its Intereft, both in the City and Country ; and
then every rational Man muft needs acknowledge,
they all originally fprung from Jefuitical Suggeftions
and Councils ; and that Ignatius Loyola, then and
now, rode in an open and triumphal Chariot in
the Van of thefe, and all their late Actions of this
Nature.
' Add to this the monftrous Opinions broached
publickly and privately, in the Army and their
Quaiters, againft the Divinity of the Scriptures ; the
Trinity ; the Deity of our Saviour ; that Anti-
chrift is only within us ; that Conlcience ought to
be free, and all Religions tolerated; that every
Man is a Minifter, and may lawfully preach with-
out Ordination ; that the Civil Magiftrate hath no
legiflative nor coercive Power in Matters of Reli-
gion ; that Tythes are Antichriftian, and the like;
feconded with public Affronts to our Minifters,
climbing up into their Pulpits ; interrupting them
publickly in their Sermons : and making our
Churches common Stables in fome Places, and
Receptacles of their Excrements ; their open Re-
vilings at the Proceedings of Parliament and their
Members ; and all to render our Religion and the
ProfefTors of it odious to the People ; to make
them readier and better inclined unto Popery j dif-
grace and undo our Minifters, and render them
and their Preaching ineffectual ; fubvert the Power
of our Magiftracy ; make the Houfes odious to all ;
and put all Things into a prefent Confufion : I am
confident all thefe were nothing elfe but the Pro-
jects and Practices of Jefuits and their Agents, who
crept into the Army to feduce and diftemper them ;
being fo diametrically contrary to the General's,
Officers, and Soldiers former Practices, Principles,
Profeflions, and that Piery they have profefled.
But
foe Parliamentary Hi s T o R If
c £at tnat: which further demonftrates it is this,
That after the General and Officers of the Army-
December, had corifefled their Error, in meddling with State
Affairs, and fettling and reforming the Common
Wealth, in the General Council at Putney, (where
they voted and a&ed more like a Parliament thari
a Council of War) and promifed to proceed no
further in it, but acquiefce with the Houfes De-
terminations, thefe Jefuits^ by the Help of their
Inftrumehts, the Agitators, to carry on their De-
fign of putting a fpeedy Period to the prefent and
all future Parliaments, drew up a Model cf a new
Reprefentative; which they intituled The Agreement
of the People^ fubfcribed by divers Regiments of
the Army, (nine of Horfe and fevert of Foot) and
then caufed it to be prefentedto the Houfe of Com-
mons in November, 1647. The Matter, End, and
Time of it compared together, and the Houfes Votes
upon it, are very ccnfiderable, and difcover a Je-
fait in the Front and Rear of it. We all know that
the Jefuits and their Popiih Confederates, ever fmce
Queen Elizabeth's P-eign, wheri fo many ftri<Sl
Laws were made againft them, have had an aching
Tooth againft' Parliaments. Their firit and molt
dcfpcrate Attempt was in the third Year of King
James, to blow up the King and both Houfes of
Parliament with Gunpowder : The original Plot-
ters of this horrid Treafon were the Pope and Je-
fuits, as is clear by DdRio's Book, and other print-
ed Papers almoft a Year before ; the chief A£lor?
in it were difcontented Gentlemen an^' Soldiers,
Ciitejty, Percy, JVinter, Faux, and others, as our
Stories relate (e], fitlnftruments to blow up Parlia-
rrierits : The Day when this was to be executed
was the fifth of November \ but this Treafon be-
ing, thro' God's great Mercy, difcovered on that
£)ay, the King and Parliament adjudged thofe Je-
ftiits and Popiih Traitors to be executed, and that
Day, by Act of Parliament, to be perpetually ob^
ierved
(?) See We Arraignment of Traitors, Vicars's Htftory, Speed'*
Cbrtnicle, and others^
of ENGLAND. 433
fcrved for a Thankfgiving for this happy Deliver- An 24- Car. I.
"jance from that Trcafon. The Jefuits, who have v __.
proken off" all former Parliaments in this King's December.
Reign till this, and would eternally difiblve this
and all fucceeding Parliaments, by way of Re-
venge for their ill Succefies theq, hare, thefe two
laft Years together, in this very Month of tiovem-
ber^ confpired to blow up or pull down this arid
all other Parliaments ; fo as the very Circumftance
of the Month and Time difcovers, in my Appre-
henfion, .the Jefuits to be chief Actors in this Tra-
gedy. The rirft Attempt of this Kind was on the
fifth of November ^ 1647, the very Day of the
Powder Plot, but, by the Houfes Occafipns, put
off till the ninth: Then \hz Agreement of the People
Was ufhered into the Houfe of Commons, with i.
Petition from the Agitators'. When this Agree-
rnent of the People and Petition was prefented^
Giffofd, a Staffordshire Gentleman^ and a Jefuit
fa Year before feht from beyond the Seas, who at
firft feign'd himfelf a Convert to our Religion)
was prefent in the Lobby with the Agitators, and
promoted it all he could ; expreffing his Approba-
tion of it, being gotten into the General's own
Life Guard, and the next Man to him when he
came to bring the Speaker into the Houfe of Com-
nions, Auguft 6, 1647. He was afterwards verjr
n£ive to perfuade the Sialfordjhire fupernumcrary
Forces not to difbaiid or to go for Ireland, and pre-
vailed fo much with them, that there were feve-
ral Orders' from the Houfe and General before they
would obey ; therefore 'tis probable he and they
perfuadcd the Army at firfl not to difband or to go
f"6r Ireland: After which he was taken this Sum-
mer, at a Meeting iri Ram-Alley^ contriving the
railing a new War; and being carried Prifoner td
the Committee of Safety, made an Efcapefrom
thence, by bribing his Keepers, as is conceived,
having offered 50 Pieces to a Captain to fuffer him
to efcape. This Petition and Agreement of the
People* thus pref^nted bv the Agitators and thisf
VOL. XVIII, ' E e Jefuie,
434 *^f Parliamentary HISTORY
An. 24 Car. I. Jefuit, being read, after Debate thereof, this Houfe
. *y ' , pafled the following Votes againft it:
December. Dit Mortis, Nov. 9, 1647.
c A Paper directed To tke Supreme Authority cf
6 the Nation, the Commons in Parliament ajjembled,
' and ftyled, The juft and earnefl Petition of thofe
* whofe Names are fubfcribed, in behalf of themfehes
' and all the freeborn People o/"England, together
* with a printed Paper annexed, intitled, An Agree-
' ment of the People for future and prefent Peace±
* upon Grounds of common Right, bein;i read,
Refched, ' That the Matters contained in thefe
' Papers are deftruclive to the Being of Parliaments,
* and to the Fundamental Government of the
* Kingdom.
Refolvtd, ' That a Letter be fent to the Gene-
fr ral, and thefe Papers inclofed, together with the
* Vote of this Houfe 'upon them ; and that he b«
* defired to examine the Proceeding of this Bufi-
* nefs in the Army, and return an Account there-
* of to this Houfe.'
* By tbefe Votes it is apparent, that the Houfe
then deemed this Agreement of the People a fecond
Gunpowder Treafcn, defttuctive to the Being of
Parliaments j that fome Jefuits, or ill-affe&ed Per-
inns in the Army, had put thefe Agitators upon it }
and therefore defired the General to examine and
give them an Account of it.
s The General and Council of War, in purfu-
ance of this Vote, condemned one of the Agitators
who fomented it, and fliot him to Death at Ware,
wherewith they acquainted the Houfe ; and, by this
Means, this Jefuit's Brat and Engine, to blow up
this and future Parliaments, was no further profe-
cuted in the Army ; but forrie of their Confede-
rates in the City, on the 23d of the fame Novem-
ber, moft audacioufly fent it into the Houfe to the
Speaker, inclofed in a Letter with a Petition ;
whereupon the Houfe then unanimoufly pafled thefe
Votes concerning this Agreement, for the commit-
ting
0f ENGLAND. 43$
Ing and profecuting thofe who prefented it, and An',2g'Fa'' **
giving the General Thanks for the Execution done t y' A
\\tWare\ and defiring him to profecute the Bufi- Deceruba.
nefs further to the. Bottom, where they thought
they {hould find a Litter of Jefuits, and a Garnet^
a Catejby, and a Faux all together in the Vault.
Die Martis, November 23, 1647.
* A Petition directed To the Supreme Authority
* of England, the Commsns in Parliament ajjcmbled,
* and intituled, The humble Petition of many free-.
c born People 0/"England, fent in a Letter directed
* to Mr. Speaker, and opened by a Committee
* thereunto appointed, was read the firft and fecond
* Time.
Rejohed, c That this Petition is a feditious and
* contemptuous Avowal and Profecution of a for-
* mer Petition and Paper annexed, &j\t&Anjigrit*
' ment of the People, formerly adjudged by this
' Houfe to be deftru&ive to the Being of Parlia-
' ments, and Fundamental Government of the
* Kingdom.
Refohed, ' That Thomas Prince, Cheefemon-
4 ger, and Samuel Chldley, be forthwith committed
* Prisoners to the Prifon of the Gatehoufe j there to
' remain Prifoners during the Pleafure of this Houfe,
* for a fedious and contemptuous Avowing and
' Profecution of a former Petition and Paper an-
' nex'd, ftyled An Agreement of the People, former-
* ly adjudged by this Houfe to be deftrudtive to the
* Being of Parliaments and Fundamental Govern-
' ment of the Kingdom.
Refolded, ' That 'Jeremy Ives, Thomas Taylor •,
* and IVilliam Larner be forthwith committed to
* the Prifon of Newgate', thefeto remain Prifoners
* during the Pleafure of this Houfe, for a feditious »
4 and contemptuous Avowing and Profecution of
* a former Petition and Paper annex'd, ftyled An
c Agreement of the People, formerly adjudged by
4 this Houfe to be deftrudtive to the Being of Par-
c liatnents, and Fundamental Government of the
* Kingdom.
E e 2 R<~
December.
The Parliamentary H I s T o R V
Refolved, ' That a Letter be prepared and fent
to the General, taking Notice of his Proceedings
in the Execution, accordingto theRules of War,
of a mutinous Perfon, at the Rendezvous near
Ware j to give him Thanks for it ; and to de-
fire himtoprofecute the Examination of that Bu-
finefs to the Bottom, and to bring fuch guilty
Perfons as he fhall think fit to condign and ex-
emplary Punifhment.
Refolved, ' That the Votes upon the former
Petition and Agreement annexed, and likewife
the Votes and Proceedings upon this Petition^
be forthwith printed and publifhed.'
' Both Houfes, Mr. Speaker, were fo fenfible of
the Treafonablenefs and Danger of this Agreement,
that in an Ordinance of the jyth of December ;
1647, for electing of Common-Council-Men and
other Officers in London, they exprefly ordain'd,
That no Perfon who hath contrived, abetted , perfua-
ded, or entered into that Engagement, intituled, The
Agreement of the People, then declared to be de-
Jlruttive to the Being of Parliaments, and Funda-
mental Government of the Krngdojn, be elected, cho-
fen, or put into the Office or Place of Lord Mayor
df the City of London, Sheriff', or of Alderman?
Deputy of a Ward, or Common-Council- Man of
the faid City ; nor Jhall have any Voice in the Elec-
tion of any fuch Officers for the Space of one whole
Tear, and be made incapable of any of the faid
Places.
* Upon this treble Sentence of Condemnation,
thus pafs'd againrt this Agreement of the People,
by thefe Votes and Ordinances, this Stratagem of
the Jefuits to blow up this and future Parliaments,
by putting a certain Period to this Parliament's
Diflblution on the laft of September, 1648, and: fet-
tling a more equal Repiefentative for the future,
with a fixed Time for its Beginning and Ending;
and of a new Parliament of Commons alone, with-
out King or Lords (the Subftance of this whole
Agreement} was for that Year fruftrated, and to-
tally laid afide till the Beginning of November laft;
at
of E N G L AND. 437
at which Time the Jefuits and the Agitators, to An- 2<i <" ar-
hinder Ireland's Relief and our Settlement, profe- ^___ ^
cuted it again afrefh in the Army ; and the better December.
to difguife and carry it on more clofcly, they infcrt-
cd it verbatim into their Remonftrance to break.
off the Treaty with the King; and prevailed fo
far with the General and his General Council of
Officers, (who formerly condemned it, and fhot
one to Death for abetting it but in November 1647)
as imanimoufly to approve it at St. Albarfs the 1 6th
of November laft, and fend it to this Houfe the
20th of that Month, to be forthwith confidered and
confirmed, thereby to break off the Treaty pre-
fently ; and, which is moft obfervable, ufliered it
in with this Jefuitical Preface, and thefe difloyal
popifh Demands (e).
' That the capital and grand Author of our Trou-
bles^ the Perfon of the King, by whofe Commijfion,
Commands-^ or Procurement, and in whofe Behalf \
and for ivhofe Inter eft only, of Will and Power, all
our IVars and Troubles have been, with all the Mi-
feries attending them, may be fpeedily brought to Ju-
Jllce, for the Treafon, Blood, and Mifchlef he is
therein guilty of:
' That a timely and peremptory Day may befet
for the Prince of Wales and Duke of York to come
in and render themselves, or elfe immediately to be
made incapable of any Government or Truji in this
Kingdom, or the Dominions thereof, or of any Right
within the fame ; and thenceforth to ftand exiled
for ever, as Enemies and Traitors ; to die without
Mercy, if ever hereafter found therein ; or if they
render themfelves, then to be proceeded again/I for
their capital Delinquency, in 'Juftice, or remitted
upon Satisfaction given\ but however the Lands and
"Revenue of the Crown to be presently fcquejlred :
And then follows the Agreement of the People, for
fettling feme rcafonable and certain Period io this
Parliament, to be ajjigned as Jhort as may be with
Safety to the Kingdom and Public Interejt thereof t
and for fettling the new Rcprefentative, &c.
E e 3 ' And
(/) In this Volume, p. 22?, ^•$^•
The Parliamentary HISTORY
c And becaufe it was twice voted down in No-
vember 1647, by the Houfe, it is twice repeated
December anc^ 'n^^ec^ on in this long- winded Remonftrance (b)
(fo much are they in Love with this Jefuit's Dalilah)
that fo it might now be twice confirmed and fet-
tled by the Houfe, if they fhould approve this Re-
monftrance.
Now, compare this third Gun- powder Plot with
the two former in November laft, to blow up King,
Prince, Duke, Lords, Commons, this prefentandall
future Parliaments at one Attempt; to deftroythe
King and Parliament ; difmherit his Royal Pofteri-
ty ; unpeer all the Lords, and level them with the
Duft ; to root up them and all Parliaments, Root
and Branch, at once, againil all our Oaths, our Co-
venants, our Remonftrances, and our Declarations ;
our Laws, our Proteftant Religion, all here devoted
to Ruin together ; as the only fafe and fpeedy Way
to fettle Peace and Safety in Church and State, (to
omit the horrid Equivocations, Difpenfations with
Oaths and Covenants, and Jefuitical Diftinctions
jn that Remonftrance) they are fuch clear vifible
Characters of a Jefuit's Pencil, Hand, and Head
in this Remonftaance (fo abounding with their
bloody difloyal Tenets and Practices of killing and
depofmg Chriftian Kings who will not do homage
to their Roman Pontif, and blowing up Proteftant
States, Kingdoms, Parliaments); fo abhorrent to all
Proteftants Principles, Profeffions, Practices (c ) ; who
never yet imbrued their Hands in, nor ftained their
Religion with, the Blood of any King,' or. actual
Depofal of any Proteftant or PopKh Prince who
was their lawful King, or difinheritingof his lawful
Heirs, or pulling down a Proteftant reforming Par-
liament ; that none but Jefuits and Jefuited Papifts
could poflibly invent, or fpur on the General, Of-
ficers, and Army fo violently and madly to profe-
cute them, as they do by a fubfequent hieh Decla-
ration, discovering a very Jefuitical Spirit in the
Pen-
'(£) In this Volume, f>. 174, 5, 6 ; 232, 3, 4.
(c) -See the Homilies agairtjl Reixl/ion. Deus et Rex, Joh.i White's
Danes' of the Way to tie trite Cburfb, fap. 6.
^ENGLAND. 439
Penman ; charging the Members of the Houfe A". 54 Car. I-
diffenting from them, in thefe treafonable Prac-^^ ' ^
tices, with a treaforvible Breach of Truft ; and u- December.
furping to themfelves a Power to judge, cenfure,
and exclude them ; and make thofe Members who
fhall confederate with them herein, though never
fo few, materially a Parliament, though formally
and eflentially no Parliament at all; and moving
them to depart the Houfe and join with them in
thefe Jefuidcal Defigns; which they have fince
aggravated and bjclced by their difobedient March
to London and Wefimmjler againft our Commands,
by Force and open Violence to over-awe us ; and,
by our Votes in Parliament, to put all their trea-
fonable Romijk Demands in prefent Execution; to
juftify thefe very treafonable Doctrines and Prac-
tices of theirs, which our Parliaments have, in di-
rect Terms, in fundry Acts condemned (e) ; and in
the O..th of Allegiance, (which every one of us
muft take immediately before -his fitting in the
Houfe, and without taking whereof he neither is
nor can be enabled to fit as a Member) folemnly
abju
4 ..hill further offer this to your Confiderations,
T" as foon ^s ever this Agreement of the People
\v ipprefied in November, 1047, and the King
r '.j v> .-eject the Proportions tendered to
i Houfes, by fome Officers in the A»r-
Pu pofe to treat on their Propofals, the
Jefuits in the Army oppofing thefe
Fict. • ,\!i, ami threatning to offer fome Violence
to i ; '.-non, cauied him fecretly to with-
a>m Hampton-Court into the I lie of
Wight., 'viicrc they ihut him qp clofe Prifoner,
without ilie ilvyi-.fcs Privity; which done, they
caufed their Confederates, when moft of the Menv-
bers were lent into the Country to difbajid the Su-
pernumeraries, to pal's a Vote in the Commons
Houfe, to make no more Addrelles to the King (f) ;
not to fet him afide, as they then profefll-d to ma-
ny diflentina; Members, but only to induce the
* *r •
L e 4 King
(f) 3 JacoH, «p. i, 2, 3, 4, 5.
(f) Vol. XVI. p. 486 to 490.
44° *£be Parliamentary HISTORY
. a* Car. l-King to feek firft to them, without which Prote- .
* '* ;' _, ftation they had neyer carried that Vote ; which
t)eceqiber. being pafled, and moft of the Members departing,
three more Votes were fet on Foor, and parted at
g.n unfeafonable Hour, and gotten by Surprife.
' The very next Morning there came a Decla-
ration from Sir Thomas Fairfax^ and the General
Council of the Army, dated January 9, 1647 (g}t
fignifying their Refolutions to adhere to the Houfes,
for fettling and fecuring the Parliament and King -
dom, without the King, and againft him, or any
others tfyat jhall hereafter partake with linn: But
the Lords flicking at1 thefe Votes, there was a Re-
giment or two pf Foot fent to garrifon Whitehall^
and a Regiment of Horfe from the Army billeted
in the Mews, to fright and force the Lords to a
Concurrence (b).
' Some few Days after, a Book written by Dole-
man, alias farfins the Jefuit, againil K.'\ngjames's
Title to the Crown ; and concerning the Lawful--
nefs of Subjects and Parliaments depofmg and
chaftifing of their Kings for their Mifgovernment,
and the good and profperous Succefs that God com-
monly hath given to the fame, (reprinted verbatim
from Doleman's own printed Copy, except the
Word Parliament added to it now and then) was
publiftied to the World, with this Title, Several
Speeches delivered at a Conference, concerning the
Power of Parliaments to proceed again/I their King
for Mlfgovernment, ; which falfe new Title pub-
Jifhedatthat Seafon, intimated to the World that
this Difcourfe of a Jefuit, for which he was con-
demned of High Trcafon, was nothing e'fe but
Speeches made by fame Members of the Commons Houfe
at a Conference wit;] the Lords: The higheft Diflio-
npur and AiTront ever put upon a Proteftant Parlia-
ment, to have the Book and Doctrine of a Jefuit
thus falfly fathered on them ; ofwhich, though I
myfclf and others complained, there was nothing
Jone to vindicate the Houfes from this grofs Im-
putation,
« About
of E N G L A N D. 44!
* About the fame Time there was another An. s4 Car.T.
Book, intituled, Royal Tyranny dl {covered*, difeover- v *648-
ing the Tyranny of the Kings of England,/;-*;/* Wil- Dectmbe"
liam the Invader, and Robber, and Tyrant, alias the
Conquer or , to this prefint King Charles ; who is
plainly proved to be worfe and more tyrannical than
any of his Predecejjors, and deferves a morefevcre
PuniJJjinent from the Hands of this prefent Parlia-
ment than either of the dethroned Kings Edward IL
or Richard II. had from former Par/laments; which
they are bound by Ditty and Oath, without Equivo-
cation or Collufion to infliff upon him, he being the
grcatejl Delinquent in the thrte Kingdoms, and the
Head of the re/?', fo the Title. In the Table there
are thcfe Paflages amongft others, Charles Stuart
guilty of Treafon ; C. R. [Charles Rex] ought to
be executed-, where the Houfes are not only pref-
fed to depofe and execute him, but his Execution,
in cafe of theii Neglect, foretold, and that in anex-
emplary Manner , in Defpite of all his Protettors and
Defenders.
* Thcfe Jefuitical Books and Councils, publifli-
ed at that Inftant, difcovered clearly, to my Ap-
prehcnfion, their Votes for laying the King afide,
and depofing and executing of him, even then to
have been intended ; but only interrupted by the
Scots Invafion, and the laft Summer's Commotions,
occafioned by thofe Votes of Non-addrefles ; and
the Forcing of them on, both then and now, by the
Army, with the Violence they ufe, to be no other
but a very Plot and Project of the Jefuits, to ruin
and dt-ftroy the King and us.
' I (hall only add to this what I manifefted but
now, that it VMS the Jefuits Plot, when they en-
gaged and aflifted the King in his War againft the
Scots, to dafti the Proteftants in both Nations in
Pieces one againft another j fo to be Mafters ot
both Kingdoms, and extirpate our Religion in both;
and thar, if the King confented not to grant them
a general free Exercife of their Religion throughout
all his Realms and Dominions, or did put ftirk at it,
that then they would prefcntly poifon and difpatch
him j
442 The Parliamentary HISTORY
n. 24 Car. I. him; poffefs themfelves of the Prince, the next
Heir to the Crown; and then by Flattery or Me-
naces» draw him to their Religion, and match him
to a Papift ; and then all the three Kingdoms would
foon turn Papifts, and all Proteftants be murdered,
or hurnt for Hereticks.
4 Now, thefe Papifls and Jefuits underftanding
that the King, beyond and contrary to their Ex-
pectation, hath granted all or moft of our Propoft-
tions in the Ifle of Wight ; and fully condefcended
to feveral new Bills, for the Extirpation of Mafs,
Popery, and Popifh Innovations out of his Domi-
mons j the putting all Laws in Execution againft
them, and for fpeedier Difcovery and Conviction of
them than formerly ; and that their good Friends
and Confederates, our Archbifhops, Biihops, Deans
and Chapters, and other Branches of the Hierarchy,
are to be wholly rooted out both in England and Ire-
land^ (fo as they are never likely to have any more
Footing; in them again, after all their late Wars,
Charges, Hazards, Plots, and Defigns to fet up
their Catholic Religion and Party) are fo enraged
with the King, and fo inexorably incenfed againft
him both at home and abroad as I am credibly in-
formed, that now they are mad againft him, and
thirft for nothing but his Blood, which they think
they cannot advantagtoufly and effectually accom-
plifh, but by engaging the Army to diflblve the
Treaty, and force the Parliament, i*i cafe they vote
his Anfwers fatisfaclory ; and then, by themfelves
or a confederate Party in the Houfe, to clepofe and,
cut off his Head. The Prince being alfo now be-
fond Seas in their Power, deftitute of his Hopes of
ucceffion to this Crown, banimed and declared a>
Traitor, and to die without Mercy if he return,
hither, and to lofe his Head as well as his Father,
(upon fuch high Affronts put upon his Father and
himfelf, and that by a Proteftant Parliament and
Army of Saints) will be fo enraged againft all Pro-
felFors of our Religion, that he will probably profefs
himfelf a Roman Catholick, and his Brother too, and.
match,
^ENGLAND. 443
rnatch with a Catholic Princefs ; and thus engag? all An, 24 Car. I.
the Papifts in foreign Parts, England, Scotland, and t l64"8' ^j
Ireland, to unite their Forces, Purfes, and Coun- ' Decembcr.
cils, by way of Revenge, to cut all the Proteftants
Throats in all the three Kingdoms, who have ad-
hered to the Parliament, and hew the Army itfelfin
Pieces, when they have thus accomplifli'd their De-
figns ; which will render them and the Parliament
execrable and infamous to all Pofterity : And then,
farewell all Parliaments, and our Proteftant Reli-
gion for ever ; not only here, but throughout all
Chriftendom, where the Popifh Princes will pre~
iently malTacre the Proteftants, left they fliould
fall ta the like perfidious Practices. This I am
moft confident is their Defign, by what I have met
with in their Papers, and in the Jefuit Contzcns
Politicks and others, who have chalked out a Way
by Degrees, infenfibly to fcrue Popery into any Pro-
teftant Church, by thofe very Steps which our Pre-
lates followed, who were directed by them; and
to alter and fubvert any Proteftant State and King-
dcm, by this new modelling of them into fuch a
popular Anarchy, as is now fuggefted and prefent-
ed in the Army's Remonftrance. This I am af-
fured will be the unavoidable, defperate, and de-
plorable Iflue, if we comply with them and the
Army in it, unlefs God in his infinite Mercy {hall
hold off their Hands, and turn their Hearts, from
profecuting their prefent Defigns.
' I (hall only add one Thing more, and fo con-
clude, That many of the Agitators and Army's
Papers, efpecially Putney Projcfls, and fome late
Declarations, favour of a Jefuit's Stile and Spirit ;
that I have been credibly informed, that not only
Gijford a Jefuit, was one of the General's own
Life-guard, and a very active Man in the Army ;
but one Thomas Budds, alias Peto, the laft Popifli
Prieft, condemned at Newgate, was a Trooper in
this Army ; and, by Influence of fome great Offi-
cers in it, obtained a Reprieve inftead of an £xei-
cution ; that the Papifts beyond Seas wifh very well
to the Army, in whom now is their ch.icf.cft Hopes ;
that
444 F&e Parliamentary HISTORY
An. 24 Car. I. that the Jcfuits Cells and Colleges in foreign Parts
, , are of late very empty ; that many Popifti Priefts
December. ^nc^ Jenjits are now in England, not faying Mafs,
crying up the Pope and Popifti Tenets as hereto-
fore ; no, that were too grofs, and they eafily difco-
yered ; but ufingall Manner of mechanick Trades ;
preaching in private Corners at Sectaries, Anabap-
tifts, Seekers, Broachers of new Light, or as gifted
Brethren ; that many of them are turned Troopers,
Agitators, if not fome of them Officers, in the Ar-
my ; or at leaft wife have fo infinuated themfelves
into the leading Officers there, (who are much
taken with their Parts, their new Defigns and Te-
nets to. alter and unfettle States) that they have
as powerful an Influence now upon the Army's
Councils and Officers, as formerly they had upon
the King and his Council ; and have now thus
deeply engaged them, beyond all Expectation, to
accomplim thofe Jefuitical Defigns of theirs, to de-
pofe and deftroy the King ; diflblvethis Parliament ;
fubvert our Magiftracy, Miniftry, Religion, Laws,
Liberties, Government ; and eftablifh their Utopian
new Model of Confufion in lieu of Parliaments and
Regal Power ; thereby to accomplifh that now,
which all their Popifh Confpiracies, Armies, and
Confederates, from the Beginning of Queen Eliza-
beth's Reign, could never yet effect by all their
Treachery, Policy, and Power ; and how far they
have proceeded and engaged the Army and Offi-
cers unwillingly in it, out of honefl Intentions, we
all now fadly behold to our great Amazement, even
in this Inftant of Time when Ireland is in fuch im-
minent Danger of being utterly loft.
4 I befeech you, Mr. Speaker, let us lay this
fpeedily to our Hearts, and go about to prevent it
ere it be too late. If we vote the King's Anfwers
now unfatisfadtory, and fo break off the Treaty
with him, we have all our Hopes, our only Means
of Peace and Settlement, and all thefe large Con-
ceffions which the King hath granted both for our
prefent and future Security ; our Monarchy, Ma-
giftracy, Miniftry, Parliaments, Laws, Liberties,
King-
of E N G L A N t). 44$
Kingdoms, and that which is deareft to us, our An. 24 Car. 1.
Religion alfo, endangered, yea loft at once ; and , t
fuch a certain Foundation laid to carry on all thefe December.
Jefuitical Defigns I have here difcovered, and that
by Authority of this Houfe, as will ftain the Ho-
nour of this moft glorious and renowned Parlia-
ment to all Pofterity, and put a difhonourable fpee-
dy Period to this and all future Parliaments for ever :
But if we vote it fo far fatisfactory, as I have ftated
it, and, humbly conceive, proved it fubftantially to
every rational Man's Understanding and Confcience,
as that we may lay prefent Hold upon it ; and pro-
ceed therein without Delay, to turn all the King's
Conceffions into Bills, which I have, for the mod
Part, already drawn 5 and get the King's Royal
Aflent unto them, I doubt not but, by God'a
Bleffing on our Endeavours, we may, before this
Month be ended, fettle fuch a firm and well-
grounded Peace between the King and all his
People and Kingdom, upon fuch honourable, fafe,
and advantageous Terms for the Public Intereft,
and fuch ftrong Securities, as no State or Kingdom
ever yet enjoyed the like fmce the Creation.
' And therefore, Mr. Speaker, upon this long
and tedious Debate, (for which I moft humbly beg
Pardon of the Houfe) being a Bufmefs of fuch in-
finite Concernment to our prefent Weal or Ruin,
I muft and do conclude, 'That the King's Anfwers-
to the Propofitions of both Houfe s are fo far fatis~
factory at the leajl, as that this Houfe may, upori
fafe and firm Grounds and great Advantages ^ forth-
with accept of, mid immediately proceed upon^ them ',
to the fpeedy Settlement of the Peace of the Kingdom ;
and are bound both in Honour Prudence* Jujlice9
and Confcience fo to do^ to prefeme themfelves^ our
three Kingdoms, and the Army too, from perpetual
bloody Wars^ and inevitable impendent Defolatiott
«nd Confujion.
This Speech, as Mr. Prynne himfelf informs us,
fin an Appendix printed at the End of it) being
uttered with much pathetic Serioufnefs, and heard
5 with
44-6 ¥be Parliamentary H i s T b R 7*
An. *4 Car. I. with great Attention, gave fuch general Satisfac-
V .;6,48' • l'on to l^e ^ou^e> tnat many Members, former -
DecImbsrT ty °^ a contrary Opinion, profefled they were
both convinced and converted ; others, who were
dubious in the Point of Satisfaction, that they were
now fully confirmed ; rrioft of difFereut Opinion
put to a Stand ; and the Majority of the Houfe de-
clared, both by their chearful Countenances and
their Words, (the Speaker going into the With-
drawing-room to fefrefh hirftfelf, fo foon as the
foregoing Speech was ended) that they were abun-
dantly fatisfied by what had been thus fpoken : After
this the Speaker refufning the Chair, Mr. Prynne's
Arguments were feconded by many able Gentle-
men. At length a Motion being made, That the
previous Queftion fho'uld be put, it was carried in
the Affirmative, by 140 Voices, againft 104, with
the four Tellers (k], notw'ithftanding the General's
and whole Army's March to Weftminjier, and Me-
jiaces againft the Mem'bers, in cafe they voted foi^
the Treaty, and did not utterly reject it as unfatis-
fadlory : . And then, without any Divifron. of thcS
Houfe, it was refolved,
The Commons i. « That the Anfwers of the King to the Pro-
"^^^pofitionsof both Houfes, are a Ground for the
ar^a Ground "or Houfe to proceed upon for the Settlement of the
fettiingthe Peace Peace of the Kingdom. And
.of the Kingdom. ^ < That Mr^ p;erp0;nf9 Sir John Evelyn of
Wits, Mr. Solicitor (/j, Col. Birch, Mr. /Jburft,
Sir Thomas Widdrington, and Mr. Maynard, be
appointed to repair to the Head Quarters thai Af-
ternoon, to confer with the Lord-General and his
Officers, for keeping and preferving a good Corre-
fpondence between the Parliament and the Army/
After which the Commons adjourned till the
next Morning.
Mr.
(i) In the Commons Journals the Numbers are only rag againft 83.
The Tellers for the Queftion, Lord Cranbsrne [eldeft Son of the
Earl of Salifiury] and Sir Ralph Ajhtom Againft it, Mr. Lijle and
Mr. Stephens, Lord Clarendon1* Account of the Number of Mem-
bers prefent agrees with Mr. Prynnit.
(I) Edmund Prideaux, Efq. appointed Solicitor-General by th«
parliament, upon the Advancement of Oliver St. John, Ef<j. to be
Chief Juflice of the Common-Pleas, in OSitber foregoing.
of E N G L A N D. 447
Mr. Prynne alfo remarks, « That tho' this laft De-An. 24 Car. r,
bate upon the King's Anfwer to the Parliament's , 1J^8' t
Propofitions had continued from Monday Morning, December,
all the Night thro', and till Nine on Tuefday Morn-
ing, Dec. 5, during which Time the Doors were
never lock'd, yet that there were prefent in the
Houfe, when fullcft, above 340 Members j but
that many of them, through Age and Infirmities,
could not hold out all Night, w hich was the Rea-
fon of there being only 244 prefent when the pre-
vious Queftion was put.'
In the Proceedings of the firft of this Month, And the
we mentioned, That the Earl of Northumbgr/ar.H'^^e(
having prefented to the Houfe of Lords the laft Pa-
pers that pafTed between the King and the Com-
miifioners in the Ifle of Jffght, their Lordfhips ap-
pointed a Committee to take the fame into Conli-
deratiori : And this Day, Dec. 5, the faid Com-
mittee having made their Report, the Lords
pafled the very fame Vote in favour of the Treaty
as th« Commons had done, (but with this Diffe-
rence, viz. Nemine Contradicente) and then ad-
journed to the 1 2th.
We do not find that the Army took the lead
Notice of this Unanimity of the Lords in their
Vot« upon the King's Conceflions; having pro-
bably predetermined the Fate of that Houfe : They
therefore refolved to let loofe their whole Refent-
ment againft their Opponents in the Houfe of Com-
mons : Accordingly
The very next Day, Dec, 6, we find by the In Confequesce
Journah, That the Commons being informed di-jJSj.SS*
vers Members, coming to attend, were ftaid and fcverai Member*
carried to the Queen's Court, or Court of Wards, °* the H°
the Serjeant was commanded to go to them, andCommon*'
require them to come to the Houfe ; who being
returned, faid, « That the Members feemed wil-
ling to confent, but that an Officer would not fuf-
fer them to pafs till he had recivcd Orders about
them, which he had fent for.
This
44$ *Tbe Parliamentary HISTORY
An. 24. Car. I. This Affair being the greateft Attack ever yet
t_' * ' , made upon the Liberties of an Englijh Parliament^
December. we ^^ be as circumftantial as poffible in our Ac-
count of it : In drder thereto it will be rieceflary,
A particular firft* to exhibit an Extract from the Narratives
Narrative of that thereof, as drawn up by the Imprifoned and Se-
cju<]ed Members themfe'lves, publifhed at the very
Time of A6tion (w), in Vindication of their own
Condu£l, and by way of Appeal to the Nation
againft this unparallel'd Violence of the Army :
We fhall, afterwards, take a View of what the Con-
temporary Hiftoriahs have to add upon the Sub-
ject
Mr. Prytme, whom the Army feems to have
been more particularly difgufted with than any
other Member, on account of his foregoing Speech,
writes thus (w), * The General and Officers of the
Army, highly difpleafed with the Vote, That the
King's Anfwers to the Parliament's Propofitions were
ia Ground for them to proceed upon, for fettling the
Peace of the Kingdom^ and with thofe Members
who afiented to it, fent two or three whole Regi-
ments of Horfe and Foot to Weftminjhr ;. fet a
ftrong Guard at the Houfe's Doors, in the Lobby,
Stairs, and at every Door leading towards them$
admitting none but Parliament-Men tlrcmfelves to
enter into Wejlminfier-Hall^ or the back Stairs
leading to the Court of Requefts, and excluding
their Servants who attended them. Then CoL
Pride, Col. Hewfon, and Sir Hafdrefs Waller,
feized upon divers Members of the Commons
Houfe; forhe at the Doors, others in the Lobby,
and on the Stairs near the Houfe, without any
'Warrant, or Reafon alledged, but their Sword and
Power,-
(«) A true and full Delation of the Officers ar.d Army's forcible
feixieg of divers eminent Members of the Commam Houfe, December
6, and 7, 1648. .
A Vindication of the Imprisoned and Secluded- Membtrt cf tit
Houfe of Comment, from the Ajferfton'. caft upon fben ar.d the Majo-
rity of the Houfe. Printed for Mtcbael Spark, at the Blue Bibte irt
Green Arbour.
in] In the Appendix tb his Speech of December ^ containing feme
Occurrences fmce, publifhed for the Kingdom's better S»tisfac
lion*
^ENGLAND. 449
Power, as they were going to clifcharge their Du-^"- 24 Car.
ties. Among O'hers, Col. Pride feized upon . l643'
Air. Pryrine going up the Stairs next the Houfe; December.
and told him, Mr. Prynne, You muft not go Into
the Houfe, but mtifl go c.long with me. Mr. Prynne
returned for Anfwcr, That be ^uas a Member of
ibe Hoi<j~f, and was going into it to dijcbarge bis
Duty, from which no Man Jhouldor ought to hinder
him; whither he would go, and he (the Colonel)
jhoitld not keep him back ; and then thruft up a ftep
or two more. Hereupon Col. Pride thrufting him
down before, Sir ffftrdrtji Waller and others laying
Hands on, and pulling him down forcibly behind,
to the Court of Requefts great Door, Mr. Prynne
thereupon demanded, By what Authority and Com-
inijfion, and for what Caufe, they did thus violently
feize en; and pull him down from the houfe ? To
which Pride and Waller^ (hewing him their arm'd
Soldiers ftandihg round about him with Swords,
Mufquets; and Matches lighted, told .him, That
there was their Conmijjion ; To which Mr. Prynne
anfwered, Tliat they were no legal CommiJJion, ncr
Caufe for them to feize vpm him, being a Member ;
and openly protefted, That it was an high Breach
cf the Privileges of Parliament, and an Affront t1)
the Houfe j dejiring the Standers~by to bear Jfftnejs
if this Violence, and his Proiejlation againjl it j and
that they, being more and jlronger than he, and all
(irmd, and he unarm' d, they might forcibly carry him
thither thi-y pleafid; butjlir he would not thence of
his own Aaord: Hereupon they forcibly pu(hcd
him up into the Queen's Court, where ibrric other
Members, a little before feized, were kept Frifon-
CTS by them.
* The Houfe being informed by Mr. D:dJeridgf^
z Member, who came along with Mr. Prynne, of
this Violence upon him, And the high Breach of
Privelcgc, i,1 feizing him and other Members,
lent the Serje.mt at Arms to demand them of the
Captain th^t guarded them, and to command-theif
prefent Attendance in the lion Pe; which Mefiage,
though delivered by him, an '. uu- Prifoners requi-^
VOL. XVII i, rin;j
450 ffie Parliamentary H i s T o R V
An. 24 Car. I ring his Obedience, that they might accordingly
164?. atrend the Houfc, was yet flighted and difobeyed :
'" ,Y " ! ' Whereupon the Houfe ordered the Serieant a fe-
Deteni&er. r ^ . j
eond I ime to go with nis Mace, and demand
the Members, and bring them into the Houfe
forthwith, as refufmg to do any Bnfinefs till their
Members were reftored j but Pride and his Con-
federates ftaid the Serjeant in the Lobby, and would
not fuffer him to go to them ; whereupon, return-
ins; into the Houle, he acquainted them with the
Contempt, which was entered in the 'Journal:
And the Houfe concluded not to proceed till their
Members were reitored ; and ftnt a Committee to
the General to demand them.
c Mr. Edward Stephens and Col. Birch, being in
the Houfe, were fcnt for to the Door, by fon.e of
tfee Officers, by falfe Tickets, and pulled out by
Violence ; Col. Birch putting his Head within the
Door, and crying out to the Speaker, Whether they
•would fuffer their Memhtrs to be pulled out thus
violently before their Faces, and yet fitflill ? not-
withftanding which the Officers ftill proceeded to
feize more Members as they came to, or went
from, the Houfe, carrying them all Prifoners to
the Court aforefeid.
* About Three in the Afternoon Hugh Peters (o),
with a Sword by his Side, came ruminc in to fee
the Prifoners and take a Lilt of their Names, by
Older from the General, as he alledged ; where
fome of them demanding of him, By what Autho-
rity they were thus imprifoned and kept from their
Duty? He anfwered, By the Power of the Sword \
and returning thither foon after, he releafed Sir
Benjamin Rudyard and Mr. Nathanael Fiennes (as
hefaid) by the like Power of the Sword.
' Night drawing on, the Prifoners requefted the
Captain who guarded them todefireCol. Pride to
fpeak with them ; to the end they might know by
what Authority, and for what Caufe, they were
thu*
(cJThe famous Independent Preacher, and at this Tim: one of
Lord Fai'f*x"* Chaplains
•of E ft G L A N D. 451
tfius detained by him, being Members. The A"- *+ Car. I.
proud Colonel returned this Anfwer, 7 'hat he had, "^8~ t
other Employment for the prefent, and could not wait December.
upon them. Soon after. Hugh Peters, and forrie
Officers, acquainted them that they fhould all be
removed to Walling f or d-Houfe ; where they (hould
have all fitting Accommodations provided for them,
and the Lord-General Fairfax and Lieutenant-
General 'Cromwell would come and fpeak with
them, and that Coaches would be provided to carry
them thither : Upon this AfTurance the Prifoners
went all from the Queen's Court, to take Coach
at the Lords Stairs ; where, Coaches attending
them, inftead of being carried to Walllngfoni-
Houfe, as was promifed and expected, they were
ftayed at the Back-Gate of Hell, (a common Vic-
tualling-houfe fo called) and there thruft all into
the common Dining-room, and after that tranflatecT
into two Upper Chambers.
' When it grew late, Sir Robert Pye andfome fix
more were offered Liberty to go to their Lodgings,
being near, upon their Parole to appear before the
General the next Morning; but they, conceiving
it inconfiftent with the Privilege of Parliament,
and a Prejudice to their Caufe, refufed to give any
other Parole than to appear in the Houfe the next
Morning ; which riot being accepted, they were
all inforced to remain in Hell that Night, moft of
them having no Beds to reft their Heads on, (tho'
antient and infirm, and Gentlemen of Honour) but
the Floor of the Room, and Benches and Chairs :
Yet they patiently underwent this Affront and Du-
refs in Hell itfrlf, (a Place culled out on purpofc
for the fake of its Name, to rjut a more fignal
Brand of Contempt and Infamy upon them and the
Parliament) reading' and finging Pfalms to God,
fpending molt of the Night in Difcourfes and
Walking, without taking one Minute's Reft or
Sleep. The Provoft-Marfhal, under whofe Cuf-
tody they were unworthily put as Malefactors, was
foamamed of this difhonourable Ufage, that, after
ibine Conference1 concerning it, he repaired to the
F f 2 General,
Parliamentary H i s T o & V
>. 24 Car. I. General, at ffrbiteftaU, to acquaint him with it^
^8" f and receive his further Order.
December. e The next Morning, being Thurfda), Dec. ^,
the Prifoners expecting the llFue, he returned to
them about Eleven of the Clock, and acquainted
them that it was the Lord-General's Pleafure they
fhould all forthwith wait upon him and his Coun-
cil of War at Whitehall, where he defired to con-
fer with them : Hereupon they were prefently put
into Coaches, and carried to Whitehall, like Trai-
tors or Felons , with firong Guards of Horie and
Foot attending them, and there brought into the
King's Lodgings fafting, and tired out with watch-
ing the Night before; where arriving about
Twelve, they expected a prefent Anfwer : But
their more than Royal new Excellencies took fo
much State upon them as to make them wait their
Leifure till it was Night, before they vouchsafed
to fend them any Anfwer; at which Time, dif-
daining to call the imprifoned Members in, or to
honour them with their more than Lordly Pre-
fence,they fent out three Officers to acquaint them
with this dilatory Anfwer, 'Jhat ether intervenier.t
/iffairs of great Concernment were now in agitation
before the General and his Council, . fo as they could
not admit them to their Presence that Night^ as was
expecfed-y and that the General and his Council, for
their better Accommodation, had given Order that
they Jhould be lodgd at two Inns in the Strand, viz.
the Swan and the King's-Head, for that Night;
•where they Jhould receive from them, the next Morn-
ing, fame Propofititns to be conjidered of. After
which the Provoft-Marfhal, taking the Names of
thofe who were to be lodg'd at the King1 s- Head, and
of thofe who were to be conducted to the Swany
carried them ail Prifoners to the faid Inns, tho-
rough the Streets, in the Dirt, on Foot, (except
fome fix or feven only, who, being lame and aged,
got a Coach) with a Muflcetteer attending upcji
every one of them in particular, and a ftrong
Guard marching before, behind, and on one Side
of them, like fo many Traitors and capital Male-
faftors.
tf ENGLAND. 455
Several of the Soldiery reviled the Mem- An. 24 Car. t.
bers with opprobrious Speeches, as, That they had ^ f
couzen'd the Kingdom of its Treafure, and them December.
of their Arrears : To which the others replied,
That they fhould make it appear to the Soldiers
ere long, that their Arrears were in the Pockets
of their Commanders, and the reft of their own
Party. Being brought at laft to the two Inns be-
ibie-mentioned, they had ftrong Guards fet upon
rhem, and a Centinel at every Chamber Door all
Night,
* This Day alfo the Officers and Army fur^
rounded the Houfe in the fame Manner as on Wed-
iiejday. Some of their Officers {landing at the
Commons Door with a Lift of Parliament-Men's
Names in their Hands, demanded every Member's
Name as he came to the Door to enter the Houfe 5
and thofe whofe Names were in their Lift they
forcibly excluded and turned dovvn Stairs, though
they earneftly prefied for Entrance ; and fome of
them acquainting the Speaker, by Letter, with this
high Affront and Breach of Privilege, could find
no Redrefs ; the Officers admitting only fuch who
were not in their Lifts. About forty' Members
were, this Day, thus forcibly excluded, not impri-
foned ; but Mr. Gawen was feized upon by one cf
Col. Heuifon's Officers, at the Houfe ; Mr.Paughdn
was apprehended at his own Lodgings ; and thefe
two were carried Prifoners to. the Queen's Court,
and from thence to. fffyitekflll to the reft of the
imprifoned Members, who were there attending
upon the General and his Council. Sir William
Litton was likewife feized that Day and kept Pri-
foner in Whitehall,, but afterwards releafed by Sir
William Con/table's Order. The reft continued
Prifoners feveral Days at the two before-mention-
ed Inns, but were, by Degrees, either difcharged
without any Caufe affign'd for their Commitment,
or elfe removed to other Places of Confinement,
where thcyremaincd many Weeks (f).'
F f 3 Mr.
(f) Mr. Prynr.e dates the Preface to his Speech, mid* Dec. 5,
um tlie King's Iliad Tav:rn in the Strand, Jen. 16, 164.4-9.
¥he Parliamentary HISTORY
' Mr. Rujbworthznd Mr. Wbhlocke pafs over this
Affair but curforily ; yet, fo far as they go, a^ree
December. m tne i™n with tne foregoing Narratives. The
former indeed has given the Names of 41 of the
Members feiz'd on and imprifoned by the Army the
6th of December^ but not of thofe who were fe -
eluded from the Houfe, by the fame lawlefs Power,
the next and following Days. And the latter in-
forms us, That the Lord Grey of Grcoby (i) flood by
Col. Pridty and told him the Names of the feve-
ral Members as they came uptowards the Houfe, in
prder for the Soldiery tp apprehend them. But
Mr. Ludhzu afcribes to himfelf the fole Merit
of the whole Contrivance of this Unconftitutional
Project, with his Motives thereto, which we fh-11
give in his own Words (k).
4 The Treaty with the King being prefled with
more Heat than ever, and aDefign vifibly appear-
ing to render thereby all our Victories uielefs, by
the Advice of fome Friends I went down.[in Au-
gujl 1648] to the Army, which lay at that Time
before Colchejler^ where I attended upon the Lord-
General Fairfax, and told him. That a Deiign
was driving on to betray the Caufe in which fo
much of the People's Blood had been (bed; that
the King, being under Reftraint, would not ac-
count himfelf obliged by any Thing he fhould pro-
jnife under fuch Circumftances ; affuring him, that
inoft of thofe who pufhed on the Treaty with the
greateft Vehemency, intended not that the King
(hould be bound to the Performance of it ; but de-
figned, principally, to ufe his Authority and Fa-
vour in order to. deftroy the Army ; who, as they
had aflumed the Power, ought to make the beft
Ufe of it, and to prevent the Ruin of themfelves
and the Nation. He acknowledged what I faid to
be true, and ^declared himfelf refolved to ufe the
Power he had, to maintain the Caufe of the Public,
upon a clear and evident Call, looking upon hirn-
fejf,
(/) Eldeft Son of Henry Earl of Stamford, and Member for
l.:i:cjiir.
r.oirs, Vol. I. p. 162, to 270.
of ENGLAND.
fjf to be obliged to purfue the Work which he was
about, Perceiving, by fuch a general Anfwer,
that he was irrefolute, I went to CornmifTary-Ge- December.
neral Ireton^ who had a great Influence upon him,
and we difcourfed together upon the fame Subject;
wherein we both agreed that it was neceftary for
the Army to interpofc in this Matter, but differed
about the Time: He being of Opinion, Thatit was
be ft to permit the King and Parliament to make an
Agreement, and to wait till they had made a full
Difcoveryof their Intentions, whereby the People, ,
becoming fenfible of their own Danger, would
willingly join to oppofe them : My Opinion was,
That it would be much eafier for the Army to
keep them from a Conjunction, than to oppofe
them when united ; it being highly probable that
the firft Things they would fall upon after their
Union, would be fuch as were moft taking with
the People, in order to oblige them to aflift in dtf-
banding of the Army, under Pretence of leffening
their Taxes : and then if the Army fhould, in any
Manner, fignify a Diflike of their Proceedings,
they would be efteemed, by the Majority of the
People, to be Difturbers of the Public Peace, and
accufed of defining nothing fave their own parti-
cular Advantages.
* Before the Conclufion of the Treaty, the Army
having wonderfully difperfed their Enemies on
every Part, began to confider how to fecure them-
felves and the Common Caufe againft thofe Coun-
cils that were carried on in Oppofiuon to them,
under Pretext of making Peace with the King j
and, to that End, drew up a Declaration at St.
Albarfs, {hewing, that the Grounds of their firft
Engagement was to bring Delinquents to Juftice \
that the King was guilty of the Blood (bed in the
Juft and fecond War ; and that therefore they
could not truft him with the Government. This
they prefented to the Parliament on the 20th of
November (p). The King and Parliament feeing this
Cloud beginning to gather, endeavoured, by all
F f 4 Means
(f] It was prefentsd to the Commons only.
456 ffle parliamentary HISTORY
. 14. Car. I. Means poffible, to h^ften their Treaty to a Con-
clufion ; the Army aifo were not wanting to fortify
themfelvcs againft that Shock; fending fome of
their own Number to thofe Members of Parlia-
ment, whom they efteemed moft faithful to tne
Common Caufe, to invite them clown to the Ar-
r»y, after they {hould, in a public Manner^have
exprefied their Diflatisfaclicn st the Proceedings of
thofe who had betrayed the Trull rcpofed in them
by the good People of. England, and declared that,
finding it impoffible to be' any farther feiviceable in
Parliament, they had refolved to repair to the Ar--
my, in order to procure their Affiftance in fettling
the Government of the Nation upon a juft Foun-
dation. . At a Meeting of fome Members of Par-
liament with the f<iid Officers from the Army, it was
refolved, That, tho' the. Way propofid by them
mi'^ht be taken, in cafe all other Means failed ;
yet, feeing there was more than a fu indent Num-
ber of Members in the Parliament to make a
Houfe, who were moft affectionate to the Public
Caufe,. it would b- more proper for the Army to
relieve them from thofe who rendered them ufelefs
to the Public Service, thereby preferving the. Name
and Place of a Parliament, than for the Members
thereof to quit their Stations wherein tney were ap-^
pointed to ferve ; and fo leave the Civil Authority
in the Hands of thofe, who would be ready to fall
in with any Power that would attempt tofruftrate
what {hould be agreed on by them and the Army.
Our Memorialift then proceeds to inform us,
4 That [on the 5th. of December] the Commons
having refolved that the King's Conceflions were a
Ground for future Settlement, fome Members, dif-
fatisfied with that Vote, defired their Proteftation
might be entered ; but that being demed, as againft
the Orders of the Houfe, he [Air. Ludlow'] content-
ed himfelf with declaring publickly, That being
convinced the Majority of the Houfe had deferted
the Common Caufe and Intereftof the Nation, he
could no longer ioin with them ; and that the reft
p/.thofe who diffented alfo, expreiled themfelves
inuch
ef ENGLAND. 457
to the fame Purpofe. Hereupon fome of the An. 24 Car.
principal Officers of the Army came to London,
With Expectation that Things \vould be brought to
this Iffue; and, confulting v^itii fome Members of
Parliament and others, it was concluded, after a
full and free Debate, That the Mcafures taken by
the Parliament were contrary to tile Truft re-
pofed in them, and ter.dir.g to contract the Guilt
of the Blood, that had b.'cu ih?d, upon themfelves
and the Nation; that it was therefore the Du-
ty of the Army to endeavour to put a Sro;) to
ifi:ch Proceedings, having engaged in the War
not ilmply as Mercenaries, but out of Judgment
and Confcience; being convinced That the Caufe
In which they were engaged was juft, and that
the Good of the People was involved in it.
' Being come to this Refoluticn, three of tbe
Members of the Houfe, and thr^e of the O&cers
of the Army, withdiew into a private Room, to
confider of the belt Means to attain the Ends of the
faid Refolution ; where they agreed that the Army
iihould be drawn up the next Morning, and Guards
placed in We/lin'mlter-Hall, the Court of Requefts,
and the L^bby ; that none might be permitted to
pafi into the Houfe but fuch as had continued faith-
ful to the Public Intereft. Accordingly Com mi f*
iary-Cjeneral Ireton went to the L/ord Fairfax, and
acquainted him with the Neceffity of this extraor-
dinary Way of proceeding, having taken Care to
have the Army drawn up the next Morning by
Seven of the Clock.'
The Particulars of what follqwcd hereupon ha-
ving been already given, we now return to the
Commons Journals : Thofe Authorities inform us,,
that whilft the Houfe was debating on the Sei-
zure of their Members, and had appointed a Com-
mittee to go to th$ General and expoftujate the
Matter with him, they were informed that there
was a Meftage from his Excellency at the Door,
fcnt by Lieutenant -Colonel Axtel and fome more
Pfficers. Thefc Mcflcngers, being called in, ac-
quainted
December.
The Parliamentary HISTORY
quainted theKoufe, That they were commanded*
by the Lord-General and the General Council o^
Officers, to let the Houfe underftand that they had
fomething to deliver to them this Morning, of very
high Concernment, which would be prefently rea-
dy tor their View. Soon after came Col. Jrkatey
to the Houfe, and prefented a Paper to them,
which bore the following Title :
To the Honourable the COMMONS of ENGLAND,
in Parliament a
Ptopcfals fixm
the Army, ac-
cufing Denzil
Hoiks, Efq ; and
others, of Fac-
tion, and Perfo-
nal Jnterefl-,
prefented to the
Houfe of Com-
nxmsj
The HUMBLE PROPOSALS and DESIRES of his
Excellency the Lord FAIRFAX and the General
Council of Officer $) December 6, 1648, in order
to a fpeedy Profecution of Jujtice^ and the Set-
tlement formerly propounded by thc>m.
HAving, with others, for a long while fadly
beheld and tafted, in your Proceedings, the
miferable Fruits of Councils divided and corrupt-
ed by Faction and perfonal Intereft, even to the
neglecting, betraying, and cafting away all Pub-
lic Good ; to the Lengthening out of endlefs
Troubles, Burdens, and Damage j to the Conti-
nuance and widening of that IfFue of Blood, where-
by thefe Nations have been fo long polluted and
confumed ; and to the perpetual Hazard, Bon-
dage, and Deftru6Hon of them at laft : And fee-
ing no other or better Way, we propound and
demand as followcth:
i. « Whereas Denzil Holies, Efq ; Lionel Copley,
Efq j Major-General Maffey, and others of your
Members whofe Names you well know, were,
in 1647 (a)t impeached by us for Treafon, or for
high Crimes and Mifdemeanours, in relarion to
the treafonable Engagement in the City of Lon-
don ; the Violence then done upon the Parli;*-
ment ; the levying of a new War, and other E-
vils in Maintenance and Profecution thereof ; and,
upon
(^ Vol. XVI. p.
of ENGLAND. 459
* upon clear Proofs againft them, were, by your An. 24 Car. \.
4 Cenfure, expelled the Houfe, and difabled from ^ l64-3'
* further Truft therein; and, upon new Writs if-
* fucd out, new Members were chofen andreturn-
* ed in fome of their Places j and, yet, by the Pre-
' valence of their Faction, when in the laft Sum-
* mer's Wars divers faithful Members were en-
' ga£ed abroad upon necelFary public Service, and
6 others, through malignant Tumults and Diftur-
' bances, could not fafcly attend the Houfe, the
* fame'Perfons were afterwards re-admitted to fit
* in the Houfe and vote as formerly, without any
* Trial or Satisfaction in the Things whereof they
* were accufed: We demand that all thofe Mem-
* beis fo impeached may be forthwith fecured, and
* brought to Juftice ; and fuch others as are of
* their Fa6lion may be fecluded from the Houfe.
2. * Whereas, by the Confederacy of Major -
* General Brown, now Sheriff of London, with the
* faid impeached Members and others, the Scots
* were invited and drawn in to invade this King-
' dom the laft Summer ; infomuch as when, up-
* on their actual Invafion, the Houfe proceeded to
* declare them Enemies, and thofe that adhered to
* them Traitors ; yet the faid Confederates, and
* other treacherous Members, to the Number of
' ninety and odd, as upon the Divifion of the Houfe
< appeared, did, by their Counfcls and Votes, en-
£ deavour' to hinder the Houfe from declaring a-
4 gainft their confederate Invaders : We dcfire that
* the faid Major General firown maybe alfo fe~
* cured and brought to Judgment; and that the reft
'. of the ninety and odd Pcrfons, diflenting againft
* the faid Vote, may be excluded the Houfe.
3. ' Whereas, in a continual Series of your
' Proceedings for many Months together, we have
' fccn the Prevalence the fame treacherous, cor-
* rupt, and divided Counfels, through Factions and
* private Interefls, oppofmg or obftrucling Juftice
' in all Kinds, diverting your Counfels from any
' Thing of Public Good, hindering any Proceed -
f in^s to any fuch Settlement as would confift with
< Sej
460 ¥be Parliamentary- Hi s T o R v
An. 14 Gar. I. c Security to'the Public Intereft, or put a real End
t **&" * to the Troubles, Burdens, or Hazards of the
December. ' Kingdom; and precipitating into treacherous and
' "deftrucltive Compliances and Conjunctions with
' the acknowledged Enemies thereof, as in the Votes
* of No more Addrejjes to the King, &c, the Juft-
4 nefs and Neceffity whereof you had once fo clear-
' ed to the "World ; alfo in the Votes for entertain-
' ing or feeking after all that Perfonal Treaty with
* the King ; and, laftly, in the Votes declaring his
' paft Conceffions to be a Ground for the Houfe to
' proceed upon for the Settlement of the Peace of
* the Kingdom, notwithstanding the vifible Infuf-
' ficiency and Defects of them in Things eflentially
* neceflary concerning the Public Intereft and Li-
c berties of the Kingdom, as thofe propounded in
* our late Remonftrance are, and in otker Matters
* both Religious and Civil : We therefore moft ear-
' neftly defire, that all fuch faithful Members who
' are innocent in thefe Things, would immediate -
•' Iy4 by Proteftation and public Declaration, ac-
* quit themfelves from the Guiltof any Concurrence
c in the feveral Votes or Counfels here before par-
* ticularly mentioned, as corrupt or deftru&ive,
' that the Kingdom may know who they are that
' have kept their Truft ; and fo diftinguifli them-
« felves from the reft that have thus falfified the
4 fame ; and-that all fuch as cannot, or flaall not fa
' acquit themfelves particularly, may be immediate-
* ly excluded or fufpended the Houfe ; and not re-?
* admitted untill they have given clear Satisfac-
' tion therein to the Judgment of thofe who now
* fo acquit themfelves, and the Grounds of fuch
6 Satisfaction be publifhed to the Kingdom.
4. * Thus fuch, as by Faithf-ulnefs have retain-
« ed their Truft, being fet in a Condition to purfue
' and perform the fame, without fuch Interrup-
6 tions, Diverfions, and Depravities of Counfels, as
' formerly, we {hall defire and hope you will
' fpeedily and vigoroufly proceed, to take Order for
1 the Execution of Juftice j to fet a fhort Period
* to your own Power ; and to provide for a fpeedy
4 Sue-
^ENGLAND. 46t
Succeflion of equal Reprefentatives, according to An. 24 Car. I*
our late Remonftrance ; whereby the Differences v
in the Kingdorh may be ended, and we and o- December.
thers may comfortably acquiefce, as for our Parts
we hereby engage and allure you we {hall.
By the Appointment of his Excellency the Lord
Fairfax^ Lord General \ and his General Coitn-
JO. RUSHWORTH.
Dec. 7. The firft Thing done in the Houfe of Who order their
Commons this Day, was to orderthe Speaker to re-Thanks to Lieu-
turn their hearty Thanks to Lieutcnant-Generalcrom'well^for
Crcmwdl, then prefent, for the very great and em i- his Services in
nently faithful Services performed by him to thisScocland*
Parliament and Kingdom, both here and ii^Scot-
land\ which the Speaker did accordingly. This
Order was in Confequence of a Motion of Mr.
Henry Marten. — —Mr. Ludlow remarks, That
Cromwell did not come to London till the Night
after the firft Interruption of the Houfe by the Ar-
my ; and that he publickly declared he had not
been acquainted with that Defign ; yet, fmce it
was done, he was glad of it, and would endeavour
to maintain it.
* After this Compliment paid to Cromwell, Mr.
Pierepoint, one of the Committee appointed to
go to the Lord-General Fairfax, delivered four
Papers, as the Subftance of the Conference with
him the Day before, for the Difcharge of the Mem-
bers, which were read. And firft,
The Paper from the. Committee to the General:
December 6, 1648.
"X17E having Command, from the Houfe of Report of a Con-
Commons, to let your Excellency know fer^nce b<:tween
that divers of their Members are this Day taken fha^Houfe^nd
and detained by fome Officers and Soldiers of the Lord-Gene-
your Excellency's Army, it is the Pleafure of the ™1rlJjir|jJ jcon"
Houfe they be difchargecl ; for which we dcfircj"2d MCO»!"
your Excellency's prefent Order that it may
done accordingly.'
This
December;
The Parliamentary HISTORY
This produced the following Anfwer, fign'd by
Mr. Ritjhworth, in the Name of the Lord-Gene-
ral and his Council of Officers :
* Having feen the Order upon which your laft
Paper is given in, we do not conceive it to be the
pofitive Pleafure of the Houfe of Commons that
their Members be difcharged : But concerning
their Difcharge, for which you are appointed
to confer, fo foon as we fhall receive the Refolu-
tions of the Houfe upon that Paper, this Day fent
in by us to them, which concerns thofe Perfons
detained, we fhall then be prepared to give you
anfwerable Satisfaction in relation to that Par-
ticular/
ply:
is the Committee made the following Re-
In Anfwer to your Paper now delivered, where-
in you do refer to one lent by you to the Com-
mons ; we affirm that, fince the reading of that
Paper by the Houfe, it was exprefs'd by them to
be their pofitive Pleafure, that the Members this
Day taken and detained by fo'me of the Officers
and Soldiers of the Army under your Excellency's
Command, be forthwith difcharged : And there-
fore we do infift that, according to our former
Paper, the faid Members be forthwith difchar-
ged accordingly.'
To this pofitive Demand of the Committee for
the Releafe of their Members, the General fent
the following peremptory Refufal, fign'das before:
"- In Return to your laft Paper concerning your
infifting on the Difcharge of the Members, we
refer to our former Anfwer ; and have no more to
fay to that Particular, till ve receive the Rcfo-
lutions of the Houfe upon ou: Paper, this Day
fent to them/
The fame Day the Commons received Letter*.
dated Wejlminjler^ Dec. 7, from Sir Thames Dacfes\
Sir
cf E N G L A N D. 463
Sir Edward Pqrteriche, Sir Martin Lumky, Sir John An. 24 car. I.
TtnijJe, Sir Thomas Middleton, Mr. George Booth, »648-
Mr. Dodderidge, Mr. Thomas Wdler, Mr. Sa- v Decetfmbef *
wza*/ Gar diner i Mr. £/#y Thsmas, and Mr. Arthur
Owen, fignifying their being prevented from at-
tending their Duty in the Houfe by the Soldiery.
After reading thefe Letters, a Motion being made
for proceeding upon the Propofals from the Army,
it was carried in the Affirmative by 50 againft 28.
Hereupon thofe Members who were of the Mino-
rity, we are told (A), left the Houfe, refolving to come
no more till Juftice was done to their abfent Bre-
thren : An AfTertion in fome Meafure confirmed by
the Journals; fmce, tho' we meet with many Di-
viljons betwixt this Time and the Beheading of
the King, yet there is not one Inftance, during
that Period, in which the Number of Members
prefent exceeded 53.
Dec. 8. This Day had been appointed by the A Dj rf H ;
Houfe of Commons as a Day of Humiliation, Faft- nation obfervcU
ing, and Praying, to be kept in their Houfe: Af-
ter which we find that they ordered the Serjeant to
make a charitable Collection amongft the Mem-
bers, to be fent to the Treafurers for poor and
maimed Soldiers, to be diftributed by them to the
Widows and Wives of thofe that flood in the
greateft Want and Neceflity. The Minifters for
the Day were Mr. Marjhal, Mr. Peters, and
Mr. Carrol, all Independents, who had the Thanks
of the Houfe given them for their Sermons. And
then the Commons adjourn'd to the i2;h, as the
Lords had done before.
On the gth of this Month a Committee from the
Common Council of the City of London made fome
Propofals to the General and Council of the Ar-
my, touching their Security for 40,000 /. in part
of the Arrears due from them to the Army (which,
the General had demanded of them in his Letter
of the 30th of laft Month, and they then promifed
to
(b) In the Rthtio* before quctcd, at p . 448.
464 ST& Parliamentary HISTORY
An. 24 Car. I. to advance) ; and thereupon humbly defired that the*
«_ f Army might immediately withdraw out of the Ci-
December. {7' To which the General gave for Anfwer,
That ifj within fourteen Days, they would pay in
Some additional their whole Arrears, their Requeft fhould be grant-
feS^ondT ed ' and> in the mean Time> the Soldiery being
City of London, quartered there, would facilitate the Work. .Ac-
toguirken the cordingly, befides the Foot then billeted in private
**^\° ^"'Houfes, and the Horfe in Inns, two more Regi-
Army. ments of Foot, and fame Troops of Horfe march'd
into t-he City, and were quartered in the fame
Manner upon the Citizens.
Dec. 12. The Commons being met; purfuant
to Adjournment, they proceeded upon the Propo-
fals and Defires of the Army, which were read a
fecond Time; but the Refult, contained in feve-
ral Claufes, we are told by the Editor of the printed
Journals, were obliterated by an Order of March
the fecond, 1659: However, thefe Votes we are
enabled to fupply, the Houfe having ordered them
to be printed and publifhed about a Month after the
pafling of them, a Copy of which is rn our Collec-
. tions, as follows (k):
The Commons Refolved, i. ' That the Votes of the yth and
SSefdutionr 8th of J™ 3aft (0, hr Coking the Orders of the
for reftoring the Jtb and gth of September, and the 1~/th of January,
impeachMMem- 164.7, di fabling Commtjjary Lionel Copley, and alfi
oPin'g^Trelty06"7-'1 Holies, Efq ; Sir Philip Stapyl tor; ftrWil-
with the Kbg, J-iam-Lewis, Sir John Clotworthy, Sir William Wai-
in 1647. }er, Sir John Maynard, ,CoL Edward MafTey, Johrr
Glynne, Efq ; Mr. Walter Long, Col. Edward Har-
ley, and Anthonv Nichol, Efq ; from being Members
of this Houfe, was of a dangerous Confequence,
rending to the Deftru&ion of the Juftice and Peace
of this Kingdom; and is hereby repealed.
2. * That the Vote of the 30th of June laft,
whereby this Houfe did concur with the Lords,-
That
(k) Printed by Edward Uujbandi, Printer to the Honourable Houfe
of Commons, January, 18, 164.8.
Thefe Votes are alfo preferred by Mr. Ruftrwortb, Mr. Wli'-
hcke, and Mr. Walker, tho' fomewhat incorrcftly.
(/) For the Debars hereupon, fee Volume XVH, p zzC, etft%.
of E N G L A N D, 465
'lhat, for opening a Way towards a Treaty with his An> 24 Car. I.
Majejly for a fafe Peace, the Votes of the ^ of Ja- t *6+*m _.
nuary, 1647, forbidding all Addrejfes to be made to December.
or from the King, be taken off, was hi-hly diflio-
nourable to the Proceedings of Parliament, and ap-
parently deftruclive to the Good of the Kingdom.'
This Day alfo, December I2« Major-General ,, . 0
_, i , ' * t TT/- X/~i Major-deneral
Browne, a Member of the Houfe of Commons, Brown, and four'
and one of the Sheriffs of London^ was fetch'd out Members more
of the City by a Party of Horfe, and carried be- foiwmo st P"~
fore the Council of War at Whitehall, where he James's, by ON
told them, « He knew they had nothing to charge JerofLord f?it*
him withall, but his honeft Endeavours to preferve cax
his Majefty and his Pofterity, together with the
Parliament, City, and Kingdom, with the Laws and
Government thereof, from being rooted up by
them; and that he feared them not.' For which
Col. Hcwfon told him, ' He was too peremptory/
At length they committed him Prifoner to St.
James's Houfe. Marmal-General Lawrence was
alfo fent to Sir William Waller, Sir John Clotworthy,
Major-General Majfey, and Commiflary Lionel Cop-
fey, Members of the Houfe of Commons, then Pri-
foners at the King's Head Inn in the Strand, to ac-
quaint them, * That he had Orders from the Lord -
General and Council of the Army, to remove
them, from the other Prifoners to SI. James'f;'
They defiring to fee his Orders, the Marfhal an-
fwered, ' They were only verbal;' but the Gen-
tlemen infifting to fee a Warrant for their Remo-
val, the Marftial went to the General, and about
Six o'Clock brought the following Order :
To Marftial-General LAWREKCE.
/y*OU are, upon Sight hereof, to remove Sir Wil-
•* liam Waller, Sir John Clothworthy, Major"
General Maffey, and Colonel Copley, from the
King's Head Inn, inhere they are now in Cuftody,
to St. James's, and for fo doing this Jhall be your
Warrant.
Given under my Hand, Dec. 12, 1648.
•FAIRFAX.
"Vol. XVIII. G g This
466 7/&£ Parliamentary HISTORY
An. 24 Car. I, Tj,;s Order being fhewn to the afore aid Gert-
t_ 4 , tlemen, Sir /ra/Vwi /P*/Ar produced a Paper, de-
December, firing c That the fame might be prefeated to the
General ;' which Marmal Lawrence refufing to re-
ceive, Sir JrilGam and the other three delired him,
and all the Gentlemen there prefent, to attend and
witnefs to that Proteftation which they did there
make in Behalf of themfelves, and all the Com-
mons and free-born Subjects of England', and then
with a diitinct Voice, read it as follows :
King*s-Head in the Strand.
Their Prot-fta- Tfi^E whofe Names are hereunto fn'hfcribed^ being
Members of the Houfe of Commas, and Free-
men of England, do hereby declare and proteft before
God, Angels, and Men, 'That the General and Of-
ficers of the Army, being raifed by the Authority of
Parliament, and for Defence and Maintenance of the
Privileges thereof, have not, or ought to have, any
Power or Jurifdiflion to apprehend, fccurc, detain^
imprifon, or remove, our Perfons from Place to Place
by any Colour or Authority whatfoevcr ; nor yet to que-
Jtion or try us, oranyofus, by Martial Law or other*
wife, for any (Dff'ence or Crime tvhgtfoever, which can
or Jkall be objected again/I us : And that the prefent
Iwprifonment and Removal of our Perfons is a high
J'lolation of the Rights and Privileges of Parliament,
and of the fundamental Laws of thj Land, and a
higher Ufurpation and Excrcife of an arbitrary and
unlawful Power , than hath been heretofore pi\ tended
to, or attempted, by this cr any King, or other Power
rivhaifiert>er, within this Realm : Notiuithjlanding
which we, and every of us, do declare our Readi-
nefs to fubmit our/elves to the legal Tri(d of a free
Parliament \ far any Crime or Mifdemeanor that can
cr Jhall be objeEled againjl us.
In Witnefs whereof we have hereto fubfcribeJ
our Names, Dec, 12, 1648.
WILLIAM WALLER, EDWARD MASSEY (g)9
JOHN CLOTWORTHY, LIONEL COPLEY.
About
. (g) This Gentleman, foon after, made his Efcape into Holland,
and prefented himfclf to the Prince ot' Wales.
(/ENGLAND.
About this Time Mr. Henry Pelham, Mr. 'Lane, An-
Mr. Faughan, and Sir Symmonds D'Ewes were fet v ^_
at Liberty without any Engagement, altho' atfirft it December,
was demanded, ' That they fhould promife not to
attempt any Thing againft the prefent Actings of
this Parliament and Army ;' which they refufed.
It may not be improper, in this Place, to exhi-
bit a Lift of the Members of the Houfe of Com-
mons imprifoned or fecluded by the Army (h], at dif*
ferent Times, fince the Vote of the 5th of De-
cember^ declaring the King's Conceffions to be a
Ground for fettling the Peace of the Kingdom;
together with the Names of the Counties, Cities,
and Boroughs for which they ferv'd in Parliament.
MEMBERS IMPRISONED. ^rf^i.
COIonel John Birch, Leominjler. 5>ncJ anud feclu-
cr't J r> j r*f Tfs -in- dcJ by the Army.
Thomas Bcugmon, Efq. fyanvickjbire.
Maj. Gen. Richard Browne •, Wicombe.
John Bulkle^ Efq. Newton , Hants.
Francis Butter, Efq. Eaftlow.
Sir Henry Cholmley, Knt. Northallcrton>
Sir John Clotworthy, Knt. Maiden.
CommilTary Lionel Copley^ Bojffiney.
John Crew, Efq. Brack ley.
Sir Symmonds D'Ewes, Knt. ] Sudb
and Bart. J
Francis Drake, Efq. Amerjham.
Sir Walter Erie, Knt. Weymoutb.
Nathanacl Fiennes, Efq. B anbury.
Sir Gilbert Gerrard, Bart. MtddleJ'ex.
Francis Gerrard, Efq. Sea ford.
Thomas Gawen, Efq. Launcejlon.
Giles Green, Efq. Cotfe-Ca/lle,
Har bottle Grimjlone, Efq. Colchcjlcr.
Sir Robert Harley, Knt. of the "j
Bath, \Hereford/hirc.
Colonel Edward Harley, ]
Major Robert Harley, Radnor,
G g 2 Sir
(i)Extraaed from the fcvcral Pamphlets publiJheJ by tl.emWve*
In their own Viiidicauoa.
7^ "Parliamentary HISTORY
Sir Anthony Irby, Knt.
Richard Knight ley, Efq.
December. Thomas Lane, Eiq,
Colonel Edward Leigh,
Sir William Lewis, Bart.
Sir Martin Lyjler, Knt.
Sir William Litton, Knt.
Sir Samuel Luke, Knt.
Maj. Gen. Edward Majjey,
Sir 7«£» Merrick, Knt.
Sir Richard Or/low, Knt.
Henry Pelham, Efq.
William PrieJIly, Eiq.
William Prynne, Efq,
C' D ? T> V
bir Robert Pye, Knt.
Sir Bejamin Rudyard, Knt.
Sir Thomas Soame, Knt.
Edward Stepbtm, Efq.
William Strode, Efq.
y0/>fl Svtinfen, Efq.
Charles Faughan, Efq.
EdivardVaughan, Efq.
Sir William Waller, Knt.
Clement Walker^ Efq.
Thomas Lord Vifc.
William Wheeler, Efq ;
Bojio
Stafford.
Petersjield.
Bradley.
Hertford/hire.
Bedford.
Wooton-BaJfit.
[ Newcajile, StafforJ-
\ jlnre.
Surrey.
Grant/jam.
St. Mawet.
f Newport, Corn-
wall*
Wood/tock.
Wilton.
London.
Tcwkftwry.
Ilchejler.
Stafford.
Honyton.
Montgomeryjhire.
Andover.
Welh.
Oxfordjhire.
Wejlbury.
MEMBERS SECLUDED.
Sir Edward Afccugh, Knt.
Ralph AJhion, Efq.
Matthew Allen, Efq.
John Alford,E^.
John AJhe, Efq.
Sir John Bjurgcygne, Bart.
Colonel 'John Barker,
Michael Biddtdph, Efq.
Peter Brooke, Efq;
George Booth, Efq.
Morris Barrow, Efq.
Lincoln/hire.
v Clithero.
Weytnouth.
Shoreham.
Wejlbury.,
Warwickflnre.
Coventry.
Litchfield.
f Newton , Lanca-
\ Jbire.\
Chcjhire.
Eye.
Sir
of ENGLAND.
469
Sir Ambrofe Browne, Bart.
"James Campbell, Efq.
dirjehn Corbet, Bart.
Edward Lord Clinton,
Sir John Curzon, Bart.
Sir Thomas Dacres, Knt.
Colonel William Davies,
John D odder idge, Efq.
William Ellis, Efq.
Thomas Erie, Efq.
William Edwards, Efq.
William Foxwifl Efq.
Thomas Grove, Efq.
Thomas Gel/, Efq.
Framlingham Gawdy, Efq.
Samuel Gardiner, Efq.
J^fl Harris, Efq.
Herbert Haye, Efq.
Peregrine Hobby, Efq.
;70£« Hokrofte, Efq.
George Homer, Efq.
Thomas Hodges, Efq.
Henry Hungerford, Efq.
Denzil Holies, Efq.
Francis Holies, Efq.
Colonel
Robert Jenner, Efq. "
Richard Jennings, Efq.
Sir Norton Knatchbull, Bart.
Colonel John Lloyd,
Sit Olive* Luke, Knt.
Henry Lucas, Efq.
Sir William Lifter, Bart.
Capell Luckyn, Efq.
Sir Martin Lumley-K.t;
Sir Nicholas Martin, Knt.
Sir Thomas Middleton, Knt.
Thsmas Middleton, Efq.
Surrey.
Grampound.
Shrapjfnre.
Michell.
Derbyjhire.
Hertfordjhire.
Carmarthen.
Barnjiaple.
So/Ion.
Wareham.
Carnarvon.
Milborne-Port*
Derby.
Thetford.
Evejham.
Launcejlon»
Arundel.
Wigm.
Simerfetfhire.
Crickladf.
Bedwin.
Dorchefter.
Lejhuithiel.
Beaumaris.
Stockbridge.
Cricklade.
St. Alban's.
Romney.
Carmarthen/hire.
Bedford/bfre. .
{Cambridge Uni-
verfity.
Retford.
Ilarwicb.
Devon/hire.
Denbigh/biff,
An. 14 Ci.r. I.
1648.
t _ .
December.
47°
An. 24 Car. I.
1648.
Pecember,
Wmchelfea.
Bramber.
Pembrokejhire.
Gatton.
BerealJJon.
Chichejler.
Parliamentary HISTORY
Job 'i Neltborp, Efq. Beverley.
Sir Dudley North, Knt. and Bart.CambridgeJbire.
Sir Robert Needham, Knt. Haverford-WeJl.
John Najh, Efq. Worcejler.
Sir Robert Napier, Knt. and Bart, Peterborough.
Sir Roger North, Knt.
Henry Oxenden, Efq.
Arthur OnJJow, Efq.
Arthur Owen, Efq.
William Owjield, Efq.
Cbarle* Pymme, Efq.
#fl»yf«*,'Efq.
Sii-y^nP^rflw,Kt.
Sir P£/7/> Ptfr&r, Knt.
S i r William Playters, Kt.
7V/;» Pelham, Efq.
Sir AW/ PW*, Knt.
Edward foole, Efq.
Sir Edward Parteriche, Knt.
Sir TJmnas Parker, Knt.
Thomas Povey, Efq.
* Packer, Efq.
« jR/c/j, Efq.
Spelman, Efq.
•)hn Seymour, Knt.
Sir William Spring, Bart.
Simon Snsw, Efq.
Tbomas'Sandys, Efq.
George Skutt, Efq.
Sir Thomas Trevor, Kn,t.
£/>;;*» Theloall, Efq.
Thomas Thynne, Efq
Sir JW;?z T^/w/)/^, Knt.
Thomas Temple, Efq^ j
j^» Thomas, Efq.
Samuel Terrick, Efqt
Sir Humphrey Tuft on, Knt.
Thomas, Efq.
aJ/a!, Efq,
Hajlings,
Suffix.
Malm/bury.
Wooton-Bajfit.
Sandwich.
Seaford.
Lejkard.
Wallingford.
Sandwich.
CaJlle-Rifing.
Gloucefterflnre.
\ St. Edmund' s-Bu-
1 ry.
Exeter.
Gatton.
Poole.
Tregony.
Denbigh.
Svlta/h.
Cb'Mer.
Huntingdon.
Hel/lon.
1 Newcajlle, Staf-
j " fordjhire.
MaidJJone.
BiJkop's-Caftle.
London.
of ENGLAND.
Edward Jl'lngate, Efq j St. Allans.
John-lFbaJd»tt9 Efq; Plymouth.
Thomas Il/aller, Efq ; Bodmyn. December.
Sir Richard Jf'ynne, Knt. Carnarvonjhii'e.
Richard Wuiwood, Efq ; Windfor.
Members ] ImP^oned 47
J Secluded 96
Total 143
Befitles many more faid to have abfented theni-
i'elves for Fear of the Army.
Dec. 13. We have already taken Notice of two
very extraordinary Votes of Revocation, palled
the Commons on the I2thj and they now pro- Votes tending to
ceeded to annull all fuch other Refolutions as had3 Herfonal Trea-|
the leaft Tendency towards a Reconciliation withty with ^ *•"*•
the King and his Adherents as follows :
Whereas on the ijth of Auguft laft, this Houfe
did concur with the Lords, c That, for opening a
Way towards a Treaty with his Majefty for a fafe
and well-grounded Peace, thefe Votes following
fhould be and were revoked and taken off, viz,
I. That the Lords and Commons ajjembled in Par-
liament do declare^ That they -wilt make no further
Addreffes or Application to the King. 2. That no
Application or Addrefs be made to the King, by any
P erf on whatsoever ', ivithout the Leave of both Houfes.
3. That the P erf on or Perfons that jhall make Breach
of this Order, jhall "incur the Penalty of high Trea-
Jon. And) 4. ' That the Lords and. Commons do de-
clare, That they will receive no Meffage any more
from the King ; and do enjoin^ That no Pcrfon what-
foever do prefume to receive or bring any Atfefiage
from the King to both or either of the Houjes of Par-
liament, or to any other Perfon: Rcfolved, * That
the Vote for Revocation of the laid Votes was
highly diflionourable to the Proceedings of Parlia-
ment, and apparently deftruclive to the Good of
the Kingdom.' * .
RefolveJ, « That _the Vote of the 2Sth of July
laft, That a Treaty be had in the IJle of Wight <u*th
the King in Pet-fan by a Committee appointed by both
G g 4 Hwfes-i
473 Vbe Parliamentary HISTORY
An. 24- Car- * Houfes, upon the Proportions prefented to him at
14681 j Hampton-Court, "was highly difhonourable to the
Proceedings of Parliament, and apparently deftruc-
tive to the Good of the Kingdom.
Refohed, 4 That the feveral Votes of the 10th
of November laft, concerning iloe Banifliment of
George Lord Goring, the Earl of Holland, the
Lord Capel, Sir Henry Lingen, Henry Haftings,
Efq . commonly call&d Lord Loughhorough, Major-
General Rowland Laugharne, and Sir John Owen,
are deftru&ive to the Peace and Quiet of the King-
d6m, and derogatory to the Juftice of the King-
dom; and are hereby revoked and made null.
Refohed, * That the Vote of the loth of No-
vember laft, That James Earl of Cambridge \Duke
of Hamilton] be fined the Sum of ico, OOO/. and
that he be kept clofe Prifonsr yntill he make Payment
of the /aid Fine, be and is hereby revoked ; and he
left to Juftice.
Refohed, « That the Vote of the 2d of Auguft
laft, That the Commijfioners intended to be fent unto
his MajeJIy to treat with him, (hall have Power to
treat with his Mvjt/ly in the JJle of Wight, upon
fuch Proportions as Jhall be offered by him, was de-
ftru&ive to the Peace of the Kingdom ; and is
hereby repealed, and made null and void.
Refahed, «' That the Vote of the 5th of Decem-
ber laft, That the Anfwers of the King to the Propo-
fitions of both Houfes, are a Ground for the Houfe
to proceed upon for the Settlement of the Peace of the
Kingdom, is highly difhonourable to the Parlia-
ment, deftructive to the Peace of the Kingdom,
and tending to the Breach of the Public Faith of
the Kingdom.
Ordered, ' That the General do keep the King
in fafe Cuftody; ar^d take Care that he go not
away.'
It does not appear, by the Commons journals,
that they fo much as afk'd the Concurrence of the
J^ords to any of the foregoing Votes of Revoca-
tion,
Dec.
of
E N G L A N D.
Dec. 14. Moft of the fecludeJ Members fceing An
$511 denied Entrance into the Houfe of Commons by
the Soldiery, or kept Prifohers at the King's Head
and the Swan in the Strand, a Motion was made,
That a Committee (hould be appointed to go to the
General, and know of him upon what Grounds
their Members were reftrained from coming to the
Houte by the Officers and Soldiers of the Army ?
)vhich, being put to the Vote, was carried affirma-
tively, by 35 againft 18, and a Committee was
appointed accordingly.
The next Day a printed Paper was prefentcd to
the Houfe of Commons, intituled,
A SOLEMN PROTESTATION of the Imprifoned and
Secluded Members of the Houfe ^/Commons,
againjt the horrid Force and Violence of the Offi-
cers and Soldiers of the Army, on Wednefday and
Thurfday laft, being the 6tb and fib Days of
December, 164$.
4 \T?E the Kriights, Citizens, and Burgeffes
4 W of the Commons Houfe of Parliament,
4 (above one hundred in Number) forcibly feized ed and Secluded
* upon, violently kept out of, and driven from, the Members againft
4 Houfe, by the Officers and Soldiers of the Army %££^ ^
4 under 'Thomas Lord Fairfax, coming thither to them by the Ar-
4 diicharge our Duties, on WeSntfden zn&Tburf-™'?'
4 day laft, being the 6th and yth of this Inftant
4 December, rio hereby, in our own Names, and
* in the Names of the refpe&ive Counties, Cities,
4 and Boroughs for which we ferve, and of all the
4 Commons of England, folemnly proteft and de-
* clare to the whole Kingdom, That this exe-
4 crable Force and open Violence upon our Perfons
4 and the whole Houfe of Commons, by the Offi-
4 cers and Army under their Command, march-
4 ing up againft their Command, and placing ftrong
4 armed Guards of Horfe and Foot upon them,
4 without and againft their Order, is the higheft
* and moft deteftable Force and Breach of Privi-
* ledge and Freedom ever offered to any Parliament
< of England; and that all A&s, Ordinances,
4 Votes,
474 Vb* Parliamentary HISTORY
/,n. 24 Car- '-< Votes, and Proceedings of the faid Houfe, made
l64s< } ' fincfe the 6th of December aforefaid, or hereafter
'~Dec«nber. * to be made, during our Reftraint and forcible Se-
' clufion from the Houfe, and the Continuance of
c the Army's Force upon it, are no Way obliga-
' tory, but void and null to all Intents and Pur-
' pofcs : And that all Contrivers of, Actors in,
' and Affiftants to, this unparallel'd Force and
* treafonable armed Violence, are open Enemies
' to, and profefTed Subverters of, the Priveleges,
* Rights, and Freedom of Parliament, and Di-
' fturbers of the Peace and Settlement of the King-
* dom, and ought to be proceeded againft as fuch:
* And that all Members of Parliament and Com -
* moners of £ng land^ by their Solemn Covenant
* and Duty, under Pain of deepeft Perjury and
* eternal Infamy, are obliged unanimoufly toop-
c pofe and endeavour, to their utmoft Power, to
4 bring them to exemplary and condign Punifh-
* ment for this tranfcendent Offence, tending to the
' Diflblution of the prefent, and Subverfion of all
c future Parliaments, and of the Fundamental Go-
' vernment and Laws of this Realm.
' All which we hold it our Duties to declare and
c publifh to the World, for fear our ftupid Silence
* fhould give any tacit Confent or Approbation to
* this moft deteftable Crime, and make us guilty
' of betraying the Privileges, Freedom, and Ho-
' nour of this Parliament, to our perpetual Re-
e proach, and the Prejudice of all fucceeding Par-
* liaments.
Dated at Weftminfter, December u, 1648.
Hereupon a Committee was appointed to meet
that Afternoon, and enquire who printed, contri-
ved, or publiftied that fcandalous Paper (as it is
ftyled in the Commons Journals'} ; with Power to
fend for Perfons, Papers, and WitnefTes ; and to
examine, as well Members of that Houfe, as
others.
Whether any Difcovery was made hereby does
not appear : But the Commons having, the fame
* Day,
of ENGLAND.
E>aya read and parted a Declaration againfr the
aforefaid Protection, and fent it up to the Lords,
the latter were mean enough to give their Con- Deiemi)cr
currcnce, Nemine contradicente , whereby they a-
vowed all the Violence and Outrage the Army had
committed againft the Freedom and Liberties of
Parliament, and haften'd their own Diflblution:
But their Lordfhips Unanimity js accounted for by
fome of the 'Journalijls, who inform, us, That
there were only four Peers then prcfent. This
moft extraordinary Declaration runs thus (i) :
THE Lords and Commons aflembled in Par- Both Houfcs rfe-
liament, taking into Confideration a print- dare the forego,
ed Paper, intituled, A folemn Protection of the faffeVSdalou.
Imprijoned and Secluded Members ; wherein, a- and fcditious,
mongft other Things, it is declared, That all
Acls, Ordinances, Votes, and Proceedings of the
Houfe of Commons, made fence the 6tb of this In-
Jtant December, or hereafter to be made during
their Rejlraint and forcible Scchifion from the
Houfe, and the Continuance of the Army's Force
upon it, are no way obligatory, but void and null
to all Intents and Purpofcs: The faid Lords and
Commons do hereby judge and declare the faid
printed Paper to be falfe, fcandalous, and fedi-
tious ; tending to deftroy the vifible and funda-
mental Government of this Kingdom ; and do
therefore order and ordain the faid printed Paper
to be fupprefled ; and that all Perfons whatfoever
that have had any Hand in, or given Confent un-
to, the contriving, framing, printing or pub-
lifhing thereof, (hall be adjudged, and hereby arc
adjudged, incapable to bear any O -ce, or have
anyplace ofTruft or Authority in this King-
dom, or to fit as Members of either Houfe of Par-
liament : And do further order and ordain, That
every Member of either Houfe refpe&ively now
abfent, upon his firft coming to fit in that Houfe
« whereof
(i) This Declaration is printed at large in Mr. Rujfavortb* t Ctl-
Vol. VII. p. 1363 j but not the Probation which gave
47 6 The Parliamentary H i s T o R v
An. 24 Car- I- whereof he is a Member, (hall, for the Manifef-
^ , tation of his Innocency, difavow and difclaim his
December. having had any Hand in, or giving Confent tm^
to, the contriving, framing, printing, or pub-
lifhing of the faid Paper, or the Matter therein
• contained.'
^rther Proceed- Dec. 2O. The Committee appointed to go to
thlYm'rifoned the General reported, That they had acquainted
and Secluded6 him with the Order and Votes of the Houfe about
Members. their imprifoned Members ; to which he anfwered,
* That they were Matters of great Confequence,
and that he believed the Houfe did not expert a
prefent Anfwer thereto, but that he would pre-
pare one and fend it forthwith j and, in the mean.
Time, he defired the Houfe would not trouble
themfelves to fend any more to him about it,*
On this Anfwer a Debate arofe, and it being put
to the Queftion, Whether the former Meflage
fhould be renewed by the fame Committee to the
General concerning their abfent Members? it
paffed in the Affirmative, 32 againft 19.
Notwithftanding this ungracious Anfwer from
the Lord-General Fairfax to the Committee of
Parliament, his Excellency, this Day, thought pro-
per to fend for Sixteen of the imprifoned Mem-
bers to Whitehall. When they arrived there,
CommifTary-General Ireton came to them in an
outer Room, and finding Mr. Prynne amongft
them, chid the Marfhal for bringing him without
Order, and commanded him to be taken away j
but upon his refuting to go, Ireton faid, He Jhould
be thru/I out by the Head and Shoulders : Hereupon
Mr. Prynne openly protefting, That the Army en-
deavoured utterly to fubvert the Fundamental Laws
of the Land, and Privileges of Parliament ; that
they had no Power over him nor any Member of
Parliament ; that their late Force atted upon them
and their Proceedings^ was illegal and traiterous j
that all Men were bound to bring them to cmdign
Puni/hment) as Rebels and Traitors to their God,
their King, Country, and Parliament 3 the Marfhal
' was
of E N G L A N D. 477
was ordered to carry him back to his former Con- An. 24 car. I«
finement; and CommifTary-General Iretm went, t j64-8' ,
in again to advife with the General and the reft to December,
the Officers. After a while he returned to the
Members) and told them, // was the General's
Pleafure they all Jhould be releafed, provided they
attempted nothing again/I the prefent Proceedings
of the Parliament and the Army, adding, I'his at
your Peril. However, the Gentlemen declaring
they would give no Engagement, were difmifled
without any ; and left at Liberty to fit in the
Houfe again, if they thought proper. The con-
temporary Writers agree as to the Number of
Members difcharged this Day ; but we are obli-
ged to Mr. Rujhworth alone for the Names of
them, viz. Lord Ifanman, Sir Gilbert Gerrard^
Mr. Francis Gerrard, Sir Anthony Irby, Sir Tho-
mas Soame, Sir John Merrick, Sir Samuel Luke,
Sir Martin Lyfter, Mr. Boughton, Mr. Buller,
Mr. Vaughan, Sir Walter Erie, Mr. Bulkley, Mr*
Crew, Sir Robert Pye, and Mr. Knightley.
Dec. 22. A Day of Humiliation having been A Faft-Sermon
ordered by both Houfes, to be kept in the Cities of £™c£^orbe
London and Weflminjier, and within the weekly Hugh Pete". ^
Bills of Mortality, for removing the heavy Judg-
ments of God now upon this Kingdom, and for
his Direction and Blefling upon the Councils of
Parliament, the famous Hugh Peters preached,
on that Occafion, at St. Margaret's, Wejlminfler.
There were prefent only four Lords, viz. the Earls
of Pembroke, Nottingham, Denbigh, and Mulgrave,
with the Prince Elector, and about twenty Com-
moners. The Subject of his Sermon was Mofes's
leading the Ifraelites out of Egypt, which he ap-
plied to the Officers of Lord Fairfax's Army ; whole
Defign, he told them, was to lead the People out
of Egyptian Bondage ; the Manner of effecting
which was to be by rooting up Monarchy, both
here and in the Kingdoms round about, the Lord
having a great Work to finifh throughout Chriften-
dom by Means of this Army; which was that
C6r-
47 8 The Parliamentary H i s T 6 R V
An. 14 Car. I. Corner-Stone hewn out of the Mountain, that
t l648' muft dafh the Powers of the Earth in Pieces.
December.
Dec. 23. There was a great Debate in the
The Commons Houfe of Commons on that Part of the Army's
refolve to proceed Pj-opofals for bringing Delinquents to Juftice ; in
SITS. a8ainft which the Defign of taking off the King> that had
been fo long fecretly in Agitation, was now open-
]y avowed. Mr. Wbitlocke writes (l)S That feve-
ral Members made no Scruple to mention his Ma-
jefty, by name, as the greateft Delinquent, and as
fuch to be brought to Juftice. Others infifted,
That he was not capable of being brought to Ju-
ftice by his Subjects, but by God alone; and that
the Parliament having fubdued him and his Party,
there was no need of any Thing further but to
fecure themfelves from their Enemies rifmg asainft
them any more ; and this might be done without
bringing the King to any judicial Trial : A Thing
not read of in any Hiftory. But the fiercer Party
profecuted their Defign with all Eagernefs ; and
thofe of a contrary Opinion either durft not op-
pofe, knowing they (hould be prefently fecluded
the Houfe if they did, or feeing that no Oppofi-
tion would be to any Effect or Purpofe.' Our
Mcmorialifl adds, * That feveral Members endea-
voured to throw this Bufmefs wholly upon the Ar-
my ; that if they would have the Thing done,
they fliould do it themfelves, as moft proper for
iuch an irregular and unheard-of Bufmefs to be
done in an rregular Way, and by fuch irregular
Men : But thefe were fubtle enough to fee and
avoid that, and to make thofe whom they left fit-
ting in Parliament to be their Stales, and to do
their moft dirty Work for them; many of whom
they found, and perfuaded to be, ftrangely forward
to engage in it ; infomuch that it was carried by
Vote in the Houfe of Commons, to name a Com-
mittee of thirty-eight Perfons to confider of draw-
ing up a Charge; and, for that Purpofe, to receive
all
(/) Memorials, p. 358.
of E N G L A N D. 479
all Informations, and Examinations of all Wit- An« 24 Car. I.
ncfles, for the Matters of Fad againft. the King t * 4 ' .
and all other Delinquents that might be thought lit December,
to he brought to condign Punifhment.'
Another Contemporary informs us (m), c That
•when it was firft moved in the Houfe of Commons
to proceed capitally againft the King, Cromwell
ftood up and faid, That if any Man moved this
upon Defign, he mould think him the greateft
Traitor in the World ; but fmce Providence and
Neceflicy had caft them upon it, he fhould pray
God to blefs their Councils, though he was not
provided on the fiidden to give them Advice.'
This Day the King was brought to IVindfor- His Majefty
Caftle, efcorte4 by a Party of Horfe under the brought to wind.
Command of Major-General Harrifen, who was or"La e%
fent fome Days before to fetch him from Hurft-
Cajtle.
On the i8th of this Month both Houfes had
pafled an Ordinance for electing Common Coun-
cil -Men and other City-Officers in London^ for the
Year following, to this Efteft, * That no Perfon
who had been imprifonedor fequeftered for De-
linquency, or affifted the King againft the Par-
liament in the firft or fecond War; or had been
aiding or aflifting in bringing the Scots Army to
invade this Kingdom ; or did fubfcribe or abet the
treafonable P^ngagement, in the Year 1647 ; or
that did aid, aflift, or abet the late Tumult within
the Cities of London and Weflmlnjlcr^ or the Coun-
ties of Kent, EJJex, Middlefex^ or Surrey, fliould be
elected into the Office of Lord Mayor, Alderman,
Deputy, Common-Council Man, or into any
Place of Truft within the City, for the Year en-
fuing ; or be capable to give his Voice for chu-
fing any Perfon to fuch Offices ; and that if any
Perfons comprehended under the aforefaid Excep-
tions, being chofen, ihould prefume to fit in the
«. Court
(m) Walker'* Hijiory cfhdtftnJtr.cy, p. 54.
Parliamentary HIS
An. i4.c*r. I. Court of Aldermen or Common-Council, or ex-
1648. ecute any of the aforefaid Offices, he (hould for-
feit 200 /. one half to the Informer, and the o-
ther to the Treafurers for the Relief of maimed
Soldiers. All fuch Ele&ions to be null arid
void ; and ,the Lord Mayor to take Care that
this Ordinance be read at all Elections, and
punctually ohferved ; and alfo to afford the Li-
berty of the Pole, if required by any of the Elec-
tors prefent.' But this Ordinance not fully an-
, rt ,. fwering the Intent of the Independents^ who fet it
An Ordinance *4 ....«.**/• /- /•> T> r
forbidding all on Foot iri the Houie of Commons^ two Days at-
CitizensofLon- ter Major -General Skippon obferved to them, That
don, who s pe- t^erc wag among tne Citizens of London a much
tition a r«r a fer- o
fonal Treaty more dangerous Set of Men than either Uelm-
with the King, quents^ or the Abettors of the late Infurre&ions 5
Offi«f£thagtany and therefore, in order to exclude this worft Kind
City. of Malignants, and to encourage the godly Party
in the City^ he mov'd, That no Perfon who had
fubfqribed any Engagement in the Year 1648, re-
nting to a Perfonal Treaty with the King at Lon-
don^ mould be elected into any of the Offices ex-
prefled in the aforefaid Ordinance ; which the
Houfe agreed to. An additional Ordinance was
ordered to be brought in accordingly ; which was
immediately read, parted, and fent to the Lords ;
who, the fame Day> gave their Concurrence to it.
This great Difpatch was, we fuppofe, owing to
the Election of Common -Council-Men being to
come on the 2iir, according to annual Cuftom.
But, on the 23d, a Petition was prefented to
both Houfes, from the Lord Mayor, Aldermen,
and Commons, againft this additional Ordinance,
fetting forth, ' That if the fame fhould be put in
' Force, there would not be found, in the whole Ci-
' ty, Perfon s fit for undertaking the Places of De-
' puties, Common-Council-Men, Inqucft-Men,
* Jury-Men, Conftables, or Scavengers ; nor for
' making Afleflments and Collection's of Money for
1 the Supply of the Army : By reafon of all which
« the City would be left in a very diftradled Con-
' dition, and deprived of its antient Government,
< fettled
^/ENGLAND. 481
* fettled by Cuftom, granted by Charter, and con- An. 24 Car. it
4 firmed by divers A6ts of Parliament ; and render- l648' M
* ed unable to perform their Duty to the Parlia- December,
menti or to preferve themfelves : And therefore
praying that the faid additional Claufe might be
repealed.'
To this Petition the Lords returned for Anfwer,
That as that Houfe had always been ready to
preferve the Liberties of the City of London, fo
fhould they frill be; and that they would take
this Petition into Consideration torch with $ for the
furthering the Good and Welfare of the City to
the uttermoft of their Power.' But the Com-
mons only told the Petitioners, * That they had
referred their Petirion to a Committee, who were
to prefent their Opinion thereupon to the Houfe.'
The Refult of which^ fome Days after, was, that
they had refolved^ That the Citizens be required
to comply with the Reftriclions in this additional
Ordinance. By this Means the Independants ex-
cluded their Oppofites out of all Share in the Go-
vernment of the City, as they had already done in
the Houfe of Commons.
Dec. 25. Moft of the Lords having of late" ab- The Houfe of
fented themfelves from the Houfe, an Order was Lord* require the
made by thofe few who fat there, that all the Peers £j5nj"e"tof
within the Lines of Communication, and twenty Member*-.
Miles diftant from London^ fhould 'peremptorily
make their Appearance, on Thurfday the 28th of
this Month, and thofe more rem >te, within four-
teen Days; to attend the great Affairs of the King*
dom, relating, in an extraordinary Manner, to the
whole Peerage of England. A iVIotion was made
for inflicting a Penalty of 50O/. for Default of O-
bedienee to this Order; but it was not agreed to :
However, it wasrefolved, That the Cafe of thofe,
who fhould not fend fatisfadtory Reafons for their
Abfence, fhould be taken into fuch further Con-
flderation as might bed ftand with the Honour and
Dignity of the Houfe of Peer*.
VOL. XVI1L H h When
1*4*
— v —
December.
482 the Parliamentary HISTORY
An. 14 Car. I. When the Commons, on the 1 3th of this Month,
revoked, Inter alia, the Relblution of the 5ih, That
the King's Anfwers to the Propofitions of Par-
liament were a Ground for the Houfe to pro-
ceed upon for the Settlement of the Peace of the
Kingdom, a Motion was made by Mr. Gurdon,
That the fevcral Memberr, as they came into the
Houfe, (hould have Leave, refpectily, to declare
their Diflent to the faid Vote, in the Manner of *
Proteft, according to the Defires and Propofals of
the Army, prefented on the 6th. This Motion,
which was defigned as a Teft to difcover who were
moft to be depended upon in the Proceedings
againft the King, was agreed to on the i8th ; and
on the 20th a Committee was appointed to con-
fider how to put it in Execution. It has already
been obferved that, fince the Houfe of Commons
had been garbled by the Army, the Bufinefs there-
of was generally tranfa&ed by about 50 or 60
Members : A Lift, therefore, of the Protefters
againft the before-mentioned Vote for Peace, will
be no improper Contract to that of the Imprifoned
and Secluded Members already given.
The Names of Tlomas Atkins, Efq;
thofeofthe Francis Allen, Efq;
Commons, who Col. Edward Apfley*
fubfcnbed their ~ 7 -* / 7 irf
DHTenttothe /^K Anlaby, JLiq;
Vote for an Ac- %£« Alured, Elq;
commodation -£^0™ 5tf/V///f, Efq;
with the King. r. •/ f ^ ?. M'
Sir /o/;» Bourchter, Knt.
Z)*«/f .Bo w^, Efq;
Daniel Blagrave^ Efq;
Jto&» Blackijlon, Efq;
JW/7« Ccrto,Efq;
Gregory Clement^ Efq;
IVilUam Cawley^ Efq;
Thomas Cha loner , Efq;
Y^« Car£w9 Efq;
Lieut. Gen. 0/mr Grenmelh
Norwich.
Cockermoub.
Steyning.
Scarborough.
He) don.
Ripon.
Dorchejler.
Reading.
1 Newcajile upon
J _2>w.
Tarmouth.
Camelford.
Midlurjl.
Richmond.
Tregony.
Cambridge,
Sir
»J E N G
Sir W\niam Con/table, Bart.
JZdmund DuncbtEfq;
Colonel John Downes,
Sir John Danvers, Knt.
John Dove, Efq;
John Dixwell, Efq;
Humphrey Edwards^ Efq;
Thomas Lord GV<?y o
'Jluguftine Garland, Efq;
y<s/;/z Gburdon\ Efq;
Colonel Thomas Harrifon,
Cornelius Holland, Efq;
Colonel y<7/;« Hutchinfon,
Sir Jama Harrington, Knt.
j&S*r fli'//, Efq;
Thomas Hodges, Efqi
Colonel Edmund Harvey^
Colonel y^« Jones,
Commifiary-Gen. Henry Ireton,
Philip Lord Lijle,
Colonel Edmund Ludlow,
Nicholas Love, Efq;
John Life, Efq;
i>ir Michael Live fey, Bart.
Thomas Lifter, Efq;
Sir Thomas Mauleverer, Bart.
Sir Henry Mildmay, Kot.
Colonel yoA» Moore,
Colonel Gilbert Millingion,
Henry Marten, Efq;
Sir Gregory Norton, Bart.
Michael Oidfivorth, Efq;
Peregrine Pelham, Efq;
Colonel William Perfoy,
Edmund Pridca ttx, E fq ;
Alderman j^^r Pennirgton^
Alexander Rigby, Efqj
L«^ Robinfon, Efq;
Colonel Anthony Stape/ty,
Henry Smyth, Efq;
Thomas Scott Jilq;
H h 2
AND.
Knarcjbrough.
Wallingford*
Arundel.
Malmfbury.
Saiijbury*
Dover.
Shropjhire.
Shaftjbury.
December.
Ojhteenborough.
Jpfwich.
Wendover.
Nottingham/hire*
Rutlandshire.
Rridpori.
llcbejlcr.
Yarmouth.
Wltfhire.
1-JSincheJter.
Qucenborwgh,
Lincoln.
Boron Abridge.
Maiden.
Liverpool.
Nottingham.
Berk/hire.
Miilhurjl.
Salijbury.
Kingfton on Hull*
Warwick.
Lymc.
Linden.
Wigan.
Scarborough.
Sujfex.
Leice/ifr/hire.
George
484 ^fl* Parliamentary H rs f o R V
An. 14 Car. I. George Searle, fefq; Taunton.
Colonel 7<wi« 7Vm/>/*, Bramber.
Colonel P<?fcr Temple t Leicejler.
Colonel 7»A« Ven, London.
"Benjamin Valentine, Efq; St. Ger mains.
Sir Thomas Wroth, Knt. Brldgewater.
Sir Prf*r Ifantuortb, Knight of
the****,
Edmund Wylde, Efq; DroltiJuicb.
But Mr. Francis Rowfe, Member for
Mr. Rowland IVilfon, of Ca/«* ; Mr. George Snel-
ling) of Southward; Mr. £«^ Hodges, of Bri/lol ;
and Mr. IVUllam Carew, of Milbsrne-Port^ with
thahy others, refufed to fubfcribe their Diflent, and
left the Houfe j which the reft did not refent, hoping
to draw them in another Day, or be rid of their
Company ; either of which would equally anfwer
the Defign of thofe who propofed this Subfcription.
It is obfervable that all the Refolutions of the
Houfe relating to the Members declaring their Dif-
fent as above, which pafled on the i8th, 2oth, and
25th of this Month, and moft of the Names of
thofe who refpe&ively declared fuch Diflent, are
expunged out of the Original Journals, by an Order
of the aift and 22d of February \ 1659, upon the
Reftitution of the fecluded Members to their Seats :
But thefe Erafements are fupplied, in the foregoing
Lift, from the Journalifts of the Times.
We have before taken Notice of Mr. Prynnis
being fent back to his Confinement, by Force, at
the Command of Commiflary-General Ireton^ when
ftxteen of the imprifoned Members were difcharged
on the 20th of this Month : Hereupon Mr. Prynnt
refolved to apply to the General himfelf, and ac-
cordingly wrote the following Letter :
For the Honourable Lord FAIRFAX, General of the
prefent Army.
Mr. Prune's < Tp H E S E are to acquaint your Lordfhip, that
-* J> beinS a Member of the Commons Houfe
hi* Li- * of Parliament, a Freeman of England, a gre^t
*»*/ » « Sufferer
^/ENGLAND. 485
' Sufferer for, and an Afferter of, the Subje&s Li- An- »4 Car. I.
4 berties againft all Regal and Prelatical Tyranny, y^
4 and no way fubjeiSl to your own, your Council December.
' of War's, or Officers Military Power or Jurifdic-
4 tion, going to the Houfe to difcharge my Duty on
~4 the 6th of this Inftant December, was, on the
* Stairs next the Commons Houfe Door, forcibly
* kept back from entering the Houfe, feized on,
* and carried away thence, without any Pretext of
*• lawful Auth rity thereto afligned, by Col. Pride
4 and other Officers and Soldiers of the Army under
4 your Command ; and, notvvithftanding the Houfes
' Demand of my Enlargement, both by their Ser-
* jeant and other wife, ever fmce unjuftly detained
4 under your Marshal's Cuftody, and tofled from
4 Place to Place ; cpntrary to the known Privileges
4 of Parliament, the Liberty of the Subject, and
4 Fundamental Laws of the Land, which you are
' engaged to maintain againft all Violation : And
' therefore dp hereby demand from your Lordfliip
* my prefent Enlargement and juft Liberty, with
4 your Anfwer hereunto.
From the Kin^Htadn the \ WILLIAM PRYNNE.
Strand, Dec. 26, 16^.8.
This Letter was delivered to the General's own
Hands, at his Houfe in tjhteen-Strtet, about Three
o'Clock in the fame Day it was written, by Dr,
Bajlwick-y who br'i'i^nt for Anfwer, 4 That hq v
4 knew not but Mr. Prynne was already releafcd ;
4 and that Ite would fend to his Officers to know
4 what they had againft him.'
Incloled in the foregoing Letter Mr. Prynnt fen^
the following Proteftation :
The PUBLIC DECLARATION and PROTESTATION
of WILLIAM PRYNNE, of LincolnVInn, 'Efq-t
againjl his prefent Reftraint^ and the prrjent de-
Jlruttive Councils and "Jefuitical Proceedings of the
General, Officers, and Army.
4 T William Prynne, a Member of the Houfe of And i.i, Pto^f-
4 •*• Commons, and Freeman of England, whotation »gainath«
c haw formerly fufFered eight Years Imprifonment,^^^ »f
H h 3 4 (four
The Parliamentary HISTORY
6 four of them clofe, three in Exile) three Pillorios,
* the Lofs of my Ears, Calling, and Inflate j for
' the vindicating of the Subjects juft Rights and
' Liberties, againft the arbitrary Tyranny and In-
* juftice of King and Prelates, in Defence of the
' Proteftant Religion here eftablifhed ; fpent moft
* of my Strength and Studies in aflerting the
* People's juft Freedom, and the Power and Privi-
' leges of Parliament againft all Qppofers ; and nc-
* ver received one Farthing, (by way of Damages,
' Gift, or Recompence) or the fmalleft Benefit or
' Preferment whatfoever, for all my Sufferings and
c public Services ; do hereby folemnly declare be-
' fore the Juft and Righteous God of Heaven and
* Earth, the Searcher of all Hearts, the whole
' Kingdom, EngHfo Nation, and the World,
' that having, according to the beft of my Skill and
* Judgment, faithfully difcharged my Truft and
* Duty in the Commons Houfe (upon real
* Grounds of Religion, Confcience, Juftice, Law,
* Prudence, and right Reafon, for the fpeedy and
* effectual Settlement of the Peace and Safety
* of our three diftracled, bleeding, dying King-
* doms) on Monday ', December 4; I was, on the
' Wednesday Morning following, the 6th of this
* Inftant, when going to the Houfe to difchargc
' my Duty, forcibly feized, upon the Parliament-
1 Stairs next the Commons Door, by Colonel
* Pride ^ Sir Hardrefs Thaller ', and other Officers of
* the Army, (who had then befet the Houfe with
' ftrong Guards and whole Regiments of Horfe,
* and Foot) and haled violently thence into the
* Queen's Court; notwithstanding my Proteftation
* of Breach of Privilege, both as a Member and a
c Freeman, by a mere ufurped tyrannical Power,
' without any lawful Authority, or Caufe aligned ;
r and there forcibly detained Prifoner, with other
* Members there reftrained by them, notwjthftand-
* ing the Houfe's double Demand of my prefent
* Enlargement to attend its Service by the Serjeant j
* and that Night, contrary to Faith and Promife,
« carried Pri'cn-T to Hell; and there ftiut up all
' Night
ef E N G L A N D. 487
Night with about forty other Members, without"*"- *4 Car. I.
any Lodging or other Accommodations, contrary t * * ' .
to the known Privileges of Parliament, the Fun- Decease*
damental Laws of the Realm, and Liberty of the
Subject; which both Houfes, the three King-
doms, the General with all Officers and Soldiers
of the Army, are, by Solemn Covenant and,
Duty, obliged inviolably to maintain : Since
which I have, without any lawful Power or Au-
thority, been kept Prifoner in feveral Places, put
to great Expences, debarred the Liberty of my
Perfon and Calling ; and denied that hereditary
Freedom which belongs to me of Right, both as
a Freeman, a Member, an eminent Sufferer for
the Public, and a Chriftian, by thofe who have
not the lea(l Shadow of Authority or Juftice to
reftrain mej and who never yet objected the leaft
Caufe for this my unjuft Reftraint.
* I do therefore hereby publickly proteft againft
all thefe their Proceedings, as the higheft Ufur-
pation of an arbitrary and tyrannical Power, the
greateft Breach of Faith, Truft, Covenant, and
Privileges of Parliament; the moft dangerous
Encroachment on the Subjects Liberties and Laws
of the Land, ever practiced in this Kingdom by
any King or Tyrant, efpecially by pretended
Saints, who hold forth nothing but Juftice, Righ-
teoufnefs, Liberty of Confcience, and public
Freedom in all their Remonftrances, whilft they
are triumphantly trampling them all uncjer their
armed Iron Feet. And I do hereby further ap-
peal to, and fummon them before, all the. Tri-
bunals and Powers in Heaven and Earth for ex-
emplary Juftice againft them who cry out fo much
for it againft others lefs tyrannical, oppreflive, un-
juft, and fcedifragous to God and Men than them-
felvcs. And I do moreover remorxftrate, That
all their prefent exorbitant Actings againft the
King, Parliament, and prefent Government, with
their new-modelled Reprefentative, are nothing
pile bijt the Defigns and Projects of Jefuits, Po-
H h 4 « pifh
48 8 tfbe Parliamentary HISTORY
An. 2(4. car. I. c pifh Prjefts, and Recufants who bear the chief
t l6^8' j * Sway in their Councils, to deftroy and fubvert our
January. ' Religion, Laws, Liberties, Government, Ma-
* giftracy, Miniftry, the prefent and all future"
' Parliaments ; the King, his Pofterity, and our
* three Kingdoms, yea the General, Officers, and
* Army themfelves, and that with fpeedy and in-
* evitable Certainty ; to betray them all to our fo-
e reign Popifh Enemies ; and give a juft Occaflon
* to the Prince and Duke, now in the Papifts
' Power, to alter their Religion, and engage them
' and all foreign Princes and States to exert all
' their Power to fupprefs and extirpate the Protef-
' tant Religion and Profeflbrs of it through all the
c World ; which the unchriftian, fcandalbus, trea-
' cherous, rebellious, tyrannical, jefuitical, difloyal,
' bloody prefent Councils and Y .orbitances of this
' Army of Saints, fo much pretending to Piety andl
' Juftice, have fo deeply wounded, fcandalized,
* and rendered dete'ftable to all pious, moral, or
' even carnal, Men of all Conditions.
' All which I am, and {hall always be, ready tq
* make good before God, Angels, 'Men, and our
* whole' three Kingdoms in a free and full Parlia-
' ment, upon all juft Occafions, and feal the Truth
* of it with the laft Drop of my deareft Blood.
In witnefs whereof I have hereunto fubfcribed my
Name, at the Sign of tht King's-Head in the
Strand, Dec. 26, 1648.
WILLIAM PRYNNE,
However, neither Mr. Prynne's Letter, nor Pro-
tefiation, feem to have had any other Effect, than
to exafperate the Army more againft him ; for he
continued a Prifoner a confiderable Time longer,
January. The Commons had been feveral Days
employed in fixing upon the Manner of Proceeding
againft the King ; and, on the fecond of this
Month, they fent up a MeiTage to the Lords, by
the Lord Grey of G.rooby and others, with a Vote
pafled their Houfc the Day before, with-
out
qf E N G L A N D. 489
put Divifion, declaring, ' That, by the Fundamen- An. 14. car. I.
tal Laws of this Kingdom, it is Treafon in the _ *6*8-
King of England, for the Time being, to levy » r
War againft the Parliament and Kingdom of Eng-
land ;' and alfo an Ordinance for creeling a High The Commons
Court of Juftice for the Trying and Judging. declare it to be
Charles Stuart, Kimj of England-, to both which ££iato£J!irt.h"
they defired their Lordmips Concurrence. To War againfluhe
this molt extraordinary MefTage the Lords made Parliament j
the ufual Return, That they would take it into
Confideration, and fend an Anfwer by Meflengers
of their own.
The Commons being withdrawn, their Lord- TO which Vote
fhips read the declaratory Vote twice ; and, on the 'he J-wds refiifc
third Reading, the Queftion being put, Whether their c°"fentt
to defer the Confideration of it to another Time ;
it pa (Ted in the Negative. Then the <<ueftion be-
ing put, Whether to agree to this Vote ? it was alfo
refolved in the Negative, nemine contradlcente.
Next, the Ordinance for erecting a High Court
of Juftice for the Trial of the King was read ;
' \Jl/HEREAS *l *s notorious that Charki Stuart, An Ordinance
? the now King of England, not content for Trial of t
« with the many Encroachments which his Prede- ^'"^
* ceflbrs had rnade upon the People in their Rights m0ns.
« and Freedom, hath had a wicked Defign totally
? to fubvert the antient and fundamental Laws and
' Liberties of this Nation, and in their Place to in-
« trod uce an Arbitrary and Tyrannical Government j
' and that, befides all other evil Ways and Means
' to bring his Defign to pafs, he hath profecuted
* it with Fire and Sword, leyied and maintained a
< Civil War in the Land, againft the Parliament
* and Kingdom; whereby this Country hath been
* miferably wafted, the Public Treaiure exhaufted,
' Trade decayed, Thoufands of People murdered,.
' and infinite other Milchiefs committed ; for
* all which High, and Treafonabie Offences the
* faid Charles Stuart might long fmce have juftJy
* been brought to exemplary and condign Punifli-
* men]: : Whereas alfo the Parliament, well hoping
4 th>c
the
49 or *fbe Parliamentary HISTORY
JtB. 24 C«. I.
,648.
that the Reftraint and Imprifonment of his Per-
fon, after it had pleafed God to deliver him into.
their Hands, would have quieted the Diftempers
of the Kingdom, did forbear to proceed judicially
againft him j but found, by fad Experience, that
fuc*h their Remifihefs ferved only to encourage
him and his Complices in the Continuance of their
evil Practices, and in raifing new Commotions,
* Rebellions, and Invafions : For Prevention there-
* fore of the like or greater Inconveniences, and to
* the end no Chief Officer or Magiftrate whatfo-
* ever may hereafter prefume, Traiteroufly and
' Malicioufly, to imagine or contrive the Enflaving
' or Deftroying of the EngKJb Nation, and to cxpe6t
* Impunity for fo doing ; be it enacted and ordain-
' ed by the [Lords'] and Commons in Parliament
* aflembled, and it is hereby ena£ted and ordained
* by the Authority thereof, That the Earls of Kent,
' Nottingham, Pen^roke^ Denbigh, and Mulgrave ;
* the Lord Grey of Work; Lord Chief Juftice Rolle
* of the King's Bench, Lord Chief Juftice St. John
* of the Common Pleas, and Lord Chief Baron
' Wylde-, the Lord Fairfax, Lieutenant-General
* Cromwell, &c. [in all about 150], (a] fhall be
* and are hereby appointed and required to be,
* Commiffioners and Judges for the Hearing, Try-
* ing, and Judging of the faid Cfyarlei Stuart ; and
* the faid Commiffioners, or any twenty or more of
' them, fhall be, and are hereby authorized and
' conftituted an High Court of Juftice, to meet and
* fit at fuch convenient Times and Pla^e as by the
' faid Commiffioners, or the major Part, or twenty
' or more of them, under their Hands and Seals,
< fhall be appointed and notified by public Procla-
« matioa
(a} Many of thefe Commiffioners refufed to aft at all} fome at-
tended only once or twice at Committees ; others fat in Judgment
upon th« King, but did not fign the Warrant for his Execution ; and
the reft went through every Circumftance from firft tolafi. All
thefe Diflinftions, fo far as they concerned fuch of them as were
Members of the Houfe of Commons, are prefixed to their refpedive
Names in the Lift of this Parliament already givtn in our Ninth
Volume; and the Conduct of fuch as were not Members, (eonfifting
•f Officers of the Army, Aldermen and Citizens of London, antJ
ptrontry Gentlemen) is not within our Province to point out.
oj E N G L A N D. 491
* raation in the Great Hall, or Palace- Yard of An. 24. Car. I.
f Wejlminjler; and to adjourn from Time to Time, v l6*8' t
* and from Place to Place, as the faid High Court, January.
' or the major Part thereof, at meeting, (hall hold
* fit ; and to take Order for the charging of him,
' the faid Charles Stuart, with the Crimes and
* Treafons above-mentioned, and for receiving his
* perfonal Anfwer !thereunto, and for Examination
' of Witnefles upon Oath, (which the Court hath
4 hereby Authority to admirufter) or otherwife,
' and taking any other Evidence concerning the
? fame ; and thereupon, or in Default of fuch An-
' fwer, to proceed to final Sentence according to
* Juftice and the Merit of the Caufe; and fuch final
* Sentence to execute, or caufe to be executed,
f fpeedily and impartially.
' And the faid Court is hereby authorized and
* required to chufe and appoint all fuch Officers,
' Attendants , and other Circumftances as they,
' or the major Part of them, fhall in any fort judge
1 neceflary or ufeful for the orderly and good ma-
' naging of the Premifles ; and Thomas Lord Fair"
* fax the General, and all Officers and Soldiers
' under his Command, and all Officers of Juftice,
* and other well-affedled Perfons, are hereby autho-
' rized and required to be aiding and affifting unto
' the faid Court in the due Execution of the Truft
* hereby committed unto them ; provided that this
* A&, and the Authority hereby granted, do con* ,
' tinue in Force for the Space of one Month from
' the Date of the making hereof, and no longer.'
Upon this Occafion a great Debate enfued upon Del)ate tf,erro .
the Queftion, Whether it be Treafen, by the Funda- on JB the Heufe
mental Laws, for the King of England to levy of Lords,
War againjl the Parliament of England? as is im-
ported in the Preamble of this Ordinance: The
Earl of Manche/ler fhewed, « That, by the Fun-
damental Laws of England, the Parliament con-
fifts of three Eftates, of which the King is the
firft : That he, only, hath Power to call and
diflblve them, and to confirm all their Acls, and
that
49? %%e Parliamentary HISTORY
An. 24 Car. I. that without him there can be no Parliament ; and
t l64g- therefore it was abfurd to fay, The King can be a.
.••• v Traitor againft the Parliament,' His Lordfbip was
feconded by the Earl of Nortbwnberlan^ who
faid, ' That the greateft Part, even twenty to one,
of the People of England, were not yet fatisfied
whether the King did levy War againft the Houfes
firft, or the Hoi: us firft againft him. And befides,
if the King did kvy War firft, they had no Law
extant, or that could be produced, to make it Trea-
fbn in him fo to do ; and for us, faid he, my Lords,
to declare it Treafon by an Ordinance, when the
Matter of Fail: is not yet proved, nor any Law in
being ^p judge it by, feems to me very unreafon-
able.' The Earl of Pembroke fwore (a) ' He loved
not to meddle with Bufinefies of Life and Death ;
and, for his Part, he would neither fpeak againft the
Ordinance, nor cpnfent to it.' ^.nd the Earl of
Denbigh declared, * That whereas the Commons
were pleafed to put his Name into the Ordinance,
as one of the Cammiflioners for trying his Majefty,
he would ch,ufe to be torn in Pieces, rather than have
any Share in fo infamous a Buftnefs. At length
the Queftion being put, Whether the fiid Ordi-
Br wHcm it is nance, now read, fhould be caft out ? it was re-
re-folvedin the Affirmative, nemine contradicente : And
then the Lords adjourned for a Week.
In order to perpetuate, if poflible, the Names
of thofe few noble Peers who had Courage, in this
dangerous Time, to meet and make the aforefaid
Refolutions, we give a Lift of them from their
Journals, at the Head of this Day's, Tranfadtions.
Denbigh, Speaker, MancheJIer^
Nortlnimberland) North,
Mulgraye, Hunjdon^
Pembroke^ Maynard^
Rutland* DacreSy
Kenty Berkeley.
(a) Though this Exprefiion may fecm fomewhat odd, yet if is fi»
worded by our Journalift ; and correfponds with the well -knows
Charter cf this Earl of Pembroke*
b/ E N G L A N D. 493
fcufavorth, Walker, and Whitlocke write, That An. »4 Car. I,
'the Houfe of Lords was much fuller on this Occa- t l64*- J
fion than it had been of late, fixteen being prefent ; January,
but there are no more than twelve fet down in the
^Journals.
Jan. 3. The firft Thing the Commons did this which theCom-
Day, was to appoint Mr. Millingion and Mr. Blacki- mons highJy «-
7?0tf, two of their Members, to go to Mr. Brcwn,feat*
Clerk to the Lords Houfe, to infpect their "Journal^
and fee how the Bufinefs ftood there, upon the Or-
dinance and Vote relating to the King. Thefc
being returned, reported, firft, the Names of all the
Lords who fat in the Houfe that Day ; and then
the otner Particulars, exactly as before given.
Sir James Harrington, Sir Henry Mildmay, Sir
Peter ff^entwortb^ Mr. Scstt and fome others, fo
much refented the Lords rejecting the Ordinance
for Trial of the King, that they infifted upon im-
peaching fuch of them as were prefent upon that
Occafion, of High Treafon, as Favourers of the
Grand Delinquent of England^ and Enemies to
Public Juftice and the Liberty of the People : But
this was over-ruled. However, the Commons re-
foJved, * That the feveral Members of their Houfe
Jtnd others, appointed by the Orders and Ordinances
of Parliament to act in any Ordinance wherein the
Lords are joined, be impowered and enjoined to fit,
act, and execute in the faid feveral Committees of
themfelves, notwithftanding the Lords will not join
with them.' After this a Committee was appointed
to draw up another Ordinance for erecting a High
Court of Juftice for the Trial of the King ; in
which the Names of the fix Peers and the three
Judges were left out.
The fame Day a Letter from the Queen was pre- Thry !•>• .i/ v a
fented to the Speaker of the Houfe of Commons, by Lettfr f"'rn ttie
the French AmbaOador. Lord Clarendon informs
Us (it), * That it contained a very pafllonate without rc
Lamentation of the fad Condition the King her «*
Hufbund
, Vol. V. p. 245.
& Parliamentary H i s T d R V
An. 34. Car. I. Hufband was in ; defiring that they would grant
1648* ner a Pafs to come over to him, and offering to life
^ all the Credit {he had with him, that he might give
them Satisfa&ion : That however, if they would
not give her Leave to perform any of thofe Offices
towards the Public, that fhe might be permitted to
perform the Duty fhe owed him, and to be near
him in his^utterrnoft Extremity.' But this Letter
was laid afide without a Reading.
The; Cori temporary Writers (a] agree that th«
Queen's Letter was prefented this Day. Lord
Clarendon makes it to have been at the fame Time
with that of the Dutch Ambaflador's. But the latter
was not offered to the Houfe till the 2gth ; and it
is not to be imagined her Majefty would delay her
Application in favour of the King's Life, as it were
to the laft Hour : It is therefore moft likely a Mif-
take of the Noble Hiftorian in point of Time ; and
indeed his Lordfhip is very inaccurate as to Chro-
nology j which is the more excufable, when it is
remembered that, at this Time, he was out of the
Kingdom. The Journals make no Mention of thiJ
Letter from the Queen.
And alfo vote 7*tt' 4" ^ne Commons being again met, the
thcmfelvcj to be Door of their Houfe was ordered to be fhut, and
the Supreme no Member fuffered to go out of it. Then a
Debate began, which ended in the following Refo-
lutions :
Refelvedy &c. { That the Commons of England,
in Parliament affembled, do declare; That the
People are, under God, the Original of all juft
Power.
« And do alfo declare, That the Commons of
England^ in Parliament aflembled, being chofen by^
and reprefenting the People, have the fupreme
Power in this Nation.
* And do alfo declare, That whatfoever is eri-
a£ed, or declared for LaWj by the Commons in
Parliament
{«) Mercurtat Prcgrr.aticui, No. 4!. Wbitltfke, p. 361. Rufo-
tuertb, p. 1383.
tf E N G L A N D. 495
Parliament afiembled, hath the Force of a Law ; An. 24 c*.L
and all the People of this Nation are concluded t l648^
thereby, although the Confent and Concurrence of , v
King, or Houfe of Peers, be not had thereunto.'
Next a Committee was appointed, confiding of
Mr. Martin* Mr. Lifle, Mr. Chcilloner, Mr. Salwayy
Sir Henry Mildmay, Commiflary-General Ireton^
Lieutenant-General Cr on well, and Mr. Scott , to
prepare a Declaration, concerning the Proceedings
of the Houfe upon the late Votes, and prefent it
forthwith j the particular Care whereof was refer-
red to Mr. Challoner.
"Jan, 5. An Order was made by the Commons,
for prohibiting all Delinquents and Papifts from
coming to, and flaying in, the City of London, or
within ten Miles of it, under very fevere Penalties.
It was alfo ordered, That the Lord Mayor be re-
quired to take down immediately all the Chains
that are in the City and Liberties thereof. -- ^-Mr. Mr. Prynne put-
Prynne raving at this Time publifhed a Pamphlet, j'ofne9
intituled, A Brief Memento unto the prefent unparlia- abou'
mentary Junfto, touching their prefent Intentions and tended D?pofal
Proceedings to depofe and execute Charles Stuart,
lawful King, two Members were ordered to go to
Mr. Prynne, {hew him the Book, and afk him
whether he will own and avow the faid Book ;
who, being returned, reported that they had been
with Mr. Prynne, and that he faid, ' He would
give no Anfwer until he was commanded by a law-
ful Authority.
Ordered, ' That this Anfwer be taken into Con-
federation this Day Se'nnight. In the mean Time
fhat the General be defired to command his Marmal
to put the Ordinance, of September 30, 1647, con-
cerning fcandalous Pamphlets, in Execution.'
La/lly, Mr. Henry Elfmg, Clerk of the Houfe of Mr.
Cqmmons, having dciired Leave .o relign that Of- tens his PU
fice, on account of his ill State of Health (*), Mr. gjjji, thit
Henry
(a) Mr. Wbitlorkt write*, That" the true Rcafon of Mr.
Resignation was, bccsulc h« would not be concerned in the Pr -icecd
againft the King. Jtftmsrial:, p- 3 i£
<Tbe Parliamentary HISTORY
Henry Scobell was appointed in his room. It wa~
alfo ordered that a Book of Vellum fhould be forth-
Tan'U2ry ' with prepared, for entering all the public Afts of
that Houfe.
Jan. 6. The Commons being' informed that the
j.King's prefent Condition was fuch as to admit an
General Fairfax eafy Poffibiiity of an Efcape, ordered, ' That the
to keep the King Qenerai be acquainted therewith, and that he be
»f a e o y , re(jujre(j to tajj-e fpeec|y anj fpecial Ca're for clofe
fecuring the King's Perfon, and preventing any
Recourfe to him, unlefs by Order from the Houfe.*
Andpafsan Aft Ordered^ ' That the Commiflioners nominated
of their own in the A6b for erecting ari High Court of Juftice
Houfe alone, for for tne trying and judging of Charles Stuart, King of
''""England, do meet oh the 8th Inftant, at Two
o'Clock in the Afternoon', in the Painted Chamber*
This Day, alfo, the Commons read a third
Time, and pafTed, their A6i for erecting an High}
Court of Juftice for trying of the King.
'I'hefe violent Proceedings of the Houfe of Com-
mons, who were at this Time wholly under the
Direction of the Army, gave fo much Difguft to
the Committee of Eftates of the Parliament of
Scotland, then refident iri London, that they ferft
the following Letter thereupon, addreffed to the
Speaker :
For the Honourable WILLIAM LENTHALL, Efq-t
Speaker of the Houfe ofCo/nmons.
Ccveni-Gardcn Jan. ; 6, 1648-9.
SIR,
The Scots Com- < r-p ft £ Committee of Eftates of the Kingdom
miflionfrs Let- 1 of ^/^ underftandirig that the Honour-
able Houfes of Parliament were proceeding in
a Treaty for Peace with his Majefty, did, a*
bout the Beginning of the la it Month, authorize
us to prefent Proportions to his Majefty ; and*
particularly, to deal with him, and the Honour-
able Houfes, fdr eftablhhinc: the Cov"Am and
PrefbyterialGovernm-at, the Confd1'. - ,
'' * Directory
ter, refenting
thefe violent
Proceedings a*
gainft the King 3
of E N G L A N D. 497
* Dire&ory for Worftiip, and Catechifm ; for pre- An- 14- c-r-
1 venting the Toleration of Idolatry, Popery, Pre- l6*8;
* lacy, Superftition, Blafphemy, Herefy, and Schifm ; j^uary.
fc and for perfecting the great Work of Reforma-
c tion and Uniformity, according to the Covenant j
I the Subftance whereof hath been formerly com-
II friunicated in a Letter from the Committee of
* Eftates to both Houfes, and by one of our Num-
* ber, upon his Reception at the Committee of
* Derby-Hsufe, by Order from the Houfcs of Par-
' liament.
' But, to our great Grief, we do perceive that the
' DHtra&ions of this Kingdom are, beyond our
' Expectations, grown exceeding high ; that a
* Force hath been placed on the PaTfages to the
* Houfcs j which, during Tranfa&ions of higheft
' Concernment, hath imprifoned and fecluded a
4 great Number of Members of Parliament, and
' given Occafion to many others to withdraw, be-
1 caufe they find they cannot act,, as in a free Par-
' liument ; that Applications are made to you for
* proceeding againti the Kins;, to take away his
* Life, and for changing the Fundamental Govern-
* ment of this Kingdom ; and itrong Endeavours
s are ufed to overturn the whole Work of Rcfor-
* matiorijto caft efr the Miniftry, and introduce a
* Toleration of all Religions and Forms of Wor-
' (hip ; and fo, in Effect, to deftroy the Caufe
c wherein both Nations have been engaged, and
* fruftrate all the Ends of the Solemn League and
* Covenant, which both Kingdoms have ivvorn,
' with uplifted Hands to Almighty God, fmccrcly,
* really, and conftantly to perform. The Conli-
* deration of thefe Things doth exceedingly troubls'
* u$, and fill our Hearts with Fears, that, as they
* are fur the prefent Matter of great Provocation
* of the Wrath of God againft us, diihonourable
* to his Name, and a Reproach to Religion, fo, if
« perfifted in, that they (hall greatly weaken ard
* divide us amongft ^iivfelves ; inV!:e foreign Enc-
* mies againft us; advance the Popir» Interett; lofe
VOL. XVIII. I i * Inland i
Parliamentary HISTORY
Ireland \ and, in the End, prove dcftructive to
the Reformed Religion, and to the Peace and
tanu 4 Happinefs of thefe Kingdoms.
c In the Year 1640, when thefe Kingdoms were
£ opprefied under the Yolce and Tyranny of the
* Prelates, who then were far advanced in the De-
* fign to introduce Popery, the Kingdom of Scot-
* land did join their Endeavours with this Kingdom
* to procure a free Parliament here ; looking upon
4 it as the chief Means, by the BleffingofGod, to
* give, a Check to the Defigns of the Prelates, who
* were ftudying the Change of Religion, and to
* the Enterprizes of evil Counfcllors about the
' King, who were endeavouring to eflablifh an ar-
* bitrary and tyrannical Government ; and after-
' wards, when through the Power and Prevalency
4 of Papifts, Prelates, and Malignants, this King-
* dom was diftrciTed, the Kingdom of Scotland did
' enter into a Solemn League and Covenant with
* this Nation, For Re formation and Defence of Rcli-
' gion ; ike Honour and Flappinefs "of the King ; and
' the Peace and Safety of the three Kingdoms ; and
' particularly for bringing the Churches of God there-
4 in to the near eft Conjunfiion and Uniformity in Rc-
*• ligion^ ConfcJJion of Faith , Form of Church-Govern-
* ment^ Directory for JfSorftnp, and Chatechifing ;
* for Extirpation of Popery, Prelacy^ Superjlitlon^
4 Herejy, Scbifm^ Profanenifs, and whatfoever Jhall
* be found contrary to Jonnd DoElrine ; for mutual
* Prefirij'iihn cf tfa Rights and Privileges of Par-
* liaments, and Liberties of the Kingdoms ; for dif-
* covering of Incerdiaricsy Malignants t and evil
* Injlrinncnts that hinder Reformation of Religion^
* divide the King from his People., or one of the
* Kingdoms from another, or make any Faction or
4 Party among the People, contrary to the League and
' Cwcncfiit^ thjt they may be brought to public Trial
* and PnniJh'fueM ; for preferring Peace and Union
* bsivuixt t/.'f Kingdoms^ and defending one another in
' this Canff ; c~d ccxfha;;;? therein all the Days
*" cj our Li I'd, •zcGloujlj and conf.antly^ again ft ail
' Oppufition ;
of ENGLAND.
* Oftpzfition ; and for promoting the farnc^ according
4 to our Power , againjl all Lets and Impediments
' whatfaevtr.
' In purfuance of the Solemn League and Cove-
' nam, both Houfes of Parliament have often de-
' clared, That they will cjlabtijh the Reformation of
* Religion, extirpate Popery and Prelacy, and f up-
' prefe H&refy and Schifm, and that they will main'
( tain the Fundamental Government of this Kingdom
' by King) Lords, and Commons : And when the
* common Enemy 'being iubdued, the Scots Army
* was to go out of this Kingdom in. the Beginning
' of the Year 1646-7, and his Majefty, by Confent
' of berth Kingdoms, was to come to Holdcnby, the
' Houfes of L Parliament did declare, both to the
* King and to the Kingdom of Scotland, That Re-
* fpe&l /hiuld be had to the Safety and Preservation of
* his Majefty's Perfon, in the Prcfervation and Dt-
4 fence of the true Religion, and Liberties of tbz
' Kingdoms^ according in the Covenant : And -when
* the King Jhwld be at Holdenby, and the Scots
* Farces gone out of this Kingdom, that they would
4 join with the Kingdc?n of Scotland in employing
' their befl Endeavours to procure his Majejiys Af-
* fent to the Proportions agreed on by both Ki:igd;n:s;
* and, in cafe the King Jbottld not give his Affent
' tbereimto, that the Houfes ivere refohed jiiil to
* maintain the happy Union air eady fettled i . .
* the two Kingdoms, according to the Covenant and
' Treaties. The Parliament of Scotland did, at
* the fame Time alfo, publim a Declaration of
* their Intentions (whereof one Copy was delivered
' to his Majeily, and another to the Houfes of Par-
' liament) Tbat9 in the Interim, (until his Majejly
1 Jhould give SatisfacTtQn to both Kingdoms^ in the
4 Proportions of Peace] there faidcl be no Harm,
' Prejudice^ Injury^ or Violence done to his Ropfil
* Perfon ; that there frould be no Change of Gwern-
' ment^ other than had been for <vt- three Tears pre-
* ceding ; and that his Pojlertty JJjould be no ways prc-
* judiced in their lawful Succcjjitn to the Crown and
* Governmtrit ofthefe Kingdoms.
I i 2 Thcfe
An. *4 Car.
l64g'
January.
The Parliamentary HISTORY
< Thefe being the Engagements of both King-
doms jointly together, and feverally one to ano-
ther> for ^e ^nds afore^aid> we no^ ^ our Duty
to endeavour that Reformation of Religion be
fettled and eftablifhed, as is before exprefled ;
and efpecially, that the Toleration of Idolatry,
Popery, Blafphemy, Herefy, and Schifm, be pre-
vented, left we partake in other Men's Sins ;
and thereby, be in Danger to receive of their
Plagues ; that the Rights and Privileges of Par-
liament may be preferved j that their may be no
Change of the Fundamental Government ; and
that there be no Harm, Injury, or Violence offer-
ed to his Majefty's Perfon; the very Thought
whereof the Kingdom of Scotlandhath always ab-
horred, as may appear by all their Proceedings and
Declarations; and the Houfes of Parliament have, '
upon feveral Occafions, exprefled a Deteftation
thereof in their Declarations: Wherefore we do
expect that there (hall be no Proceeding againft
his Perfon ; which cannot but continue and in-
creafe the great Diftradtions of thefe Kingdoms,
and involve us in many Difficulties, Miferies, and
Confufions : But that, by the free Councils of
both Houfes of the Parliament of England, and
with the Advice and Confent of the Parliament of
Scotland^ which is now fitting, fuch Courfe may
be taken in relation to him, as may be for the
Good and Happinefs of thefe Kingdoms, both
having an unqueftionable Intereft therein.
Your affeElionate Friends and Servants^
LOTHIAN.
JO. CHIESLEY.
WILL. GLENDINNING.
All the Notice the Houfe of Commons took of
this Remonftrance from the Scots Commiflioners,
without a Read- was to order it to be read the next Monday, Jan. 8.
inS* But this they were fo far from doing, that they
then refolved, That the Indorfement upon their
A£t for erecting an High Court of Juftice ior the
Trial
Comi
of E N G L A N D. 501
Trial of the King, {hould be in this, hitherto, un- An. z4cw.l.
precedented Form, in which the Year of the King's i l6*8' *
Reign was wholly omitted, viz. January.
Sexto Jamiarii) 1648.
' Read the third Time j and, upon the Queflion,
* refolved, That it be ena&ed for Law ; and have
* the Force of a Law j and that the Clerk do in-
4 dorfe the fame accordingly.'
•
'Jan. 9. The Houfe of Lords met again, purfu- The Lords dirc<5l
ant to Adjournment, and pafled fome Ordinances *n Ordnance to
for fecuring the better Payment of the Army, declaring a'lHu-
which had been fent up by the Commons ; and ture levying of
then appointed the Lords following to prepare War> by ^e
and bring in an Ordinance to this Effect, ' That the°p"rnarnent,
whatfoever King of England fhall, hereafter, levy to be High Trea-
War againft the Parliament and Kingdom offon'
England, (hall be guilty of High Treafon, to be
tried in Parliament :' The Earls of Denbigh^ Kent,
Pembroke^ Salijbury^ and Afulgrave ; the Lords
Hunfdon and Maynard\ with the two Lord Chief
Juftices and the Chief Baron as Afliftants.
But this Ordinance was never brought in, the
Houfe of Lords, as well as their King, feeming now
in a dying Condition ; not above five or fix of them
being put down as attending the Houfe every Day,
and little or no Bufmefs of Confequence done at it,
Adjourned to the i8th.
To {hew in what Contempt many of the Com- An Affroat;Q.
mons held the Houfe of Lords at this Time, the tended them ty-
fame Day fome Meflengers of theirs attending at f the other
the Door of the other Houfe for Admittance, and a
Motion within made for admitting them, a Debate
arofe upon it ; and the Queftion being put, That
the Lords Meftengers be called in, the Houfe di-
vided, when it was carried in the Affirmative, 31
againft 18 ; fo they were admitted and delivered
their Meflage, which was no more than the Lords
Confent to fome Orders about private Affairs, for-
merly fent up to them by the Commons. After
the Meflengers were withdrawn, another Quc-
ftien was propofed, That Anfwer be returned tq
I i 3 the
502 'Tlje Parliamentary Hi s T o R y
An. 24 Car. I. the Lords Meifage by Meflengers of their own i
^___ __^ which was carried for it, by 33 againft 19.
January.
TheCommens The fame Day the Commons agreed on having
order a new a nevv Qreat Seal, on which was to be engraven,
Greac^ealtobe .,.. ,', e E> I
made by their on one Side, a Map of England, Ireland, and the
own fole Autho- Iflands of Jerfey and Guernfey ; with the Arms of
ruy* England and Ireland, by which they are differenced
from ot ler Kingdoms. The Infcription, on the
Map-Side, The Qr&at Seal of England 1648 :
On the Reverfe, a Sculpture of the Houfe of Com-
mons fitting ; the Motto, In the fir ft Tear of Free"
d>m,byGjd'sBltjJing,rfJl)red, 1648 (a). Mr! IVbit-
locke informs us, That the Device, and more parti-
cularly the Infcriptions on the Seal, were the Fancy
pf Mr. Henry Marten. The Sum of 60 /, was or-
dered to be charged on the Revenue towards the
jExpence of this Sea!, which was afterwards in-
creafed to 200 /.
Jan. 10. The Commons took Mr. Pry fine's
Anfwer, about his Memento, into Coniideration ;
and refolved, That-thereby he had difowned the
Authority of the Parliament ; and ordered, That
he be forthwith lent for in fafe Cuitody by the Ser-
jeant at Arms attending the Houfe. The Serjeant
returning, faid, ' That he went to Mr. Prynne,
and jfhewed him his "Warrant,' who gave him this
Mr. Prynne re- Anfwer, * That upon the 6th of December laih
Iijles to obey a • j i • TN • i TT r
Warrant of that as Pe was con-;ns: to GO nis L>uty in toe rloulo
of Commons, he w^s taken by Colonel Pride and
Sir Hardrefs IfrcUcr, and by them imprifoned, he
knew not. for what Caufe : That he yet remains
ruder Reftraint, and is not yet diicharged from that
Imprifonment, and therefore he would not come
upon that Warrant/
Here follow forne Afterifms 2nd a Note, by
which we iearn that feveral Entries were erazx:d,
by Order of the Houfe, February 21,1659,
The Commons continue 1 to fit every Day but
Sundays, tho' nothing material was done till this
(.) Vid. rtrtuit Scali.
of
E N G L A N D.
Day, yan 15. when a Declaration, ordered to be A
drawn on the I3th of laft Month, (hewing the _ _
Reafons for annulling and vacating the former January.
Votes for taking oft" thole of Non-Addrefs to the
King ; and alfo for juftifying the Lite r,nd prefent
Proceedings of the Houfe of Commons, was read
by Parts ; and, upon the Queftion, agreed to. It
was alfo ordered to be printed and publifhed, and
fent down to the fevcnil Counties ot England and
Wales^ by their rcfpective Members. This Decla-
ration, which is barely mentioned by Mr. Rufo-
worth, we have found in our Collections j and do
therefore infert it at Length, as follows :
' '"p H E grcateft Service which a Parliament A Declaration of
' can do to a King, is to let him underftand the C(rnmons>
« the Diforders of his State, that by Wifdom they [£;"&,£« fur
' may be amended ; for as every Difeafe ends ei- annulling all for-
« ther by Death or Curing, fo do Diforders (which mer Vot«;n*fa-
i TA-/- c c c \ • L i • i u V0ur "f a Trcity
4 are the Difeafes of a State) either end with the ^^ tj,e King,
4 Subvcrfion of that State, or elfe by an univerfal
* Reformation.
' Upon ferious Confideration whereof, and to
e exonerate the People of this Land from the fun-
1 dry exorbitant Oppreflions daily multiplied upon
* them, which threatened the Ruin of many pri-
' va^e Familes, and the public Delegation of the
' Kingdom; we the Commons of England, in this
* preient Parliament aflemblet!, having, with much
' Faithfulnefs and Affection to the public Good of
' this Realm, laboured for thefe eight Years laft
* pair, with many great Fears and Dangers, nn-
4 dergone many Difficulties and Calamities, and
' fupprelled many Diftempers and Diforders, in
' Oppofition to a malignant Party in this King-
' doin, who would have enflaved the Bodies and
' Souls of the People of this Nation, by the bring-
' in'j; in of Popery, and fetting up of Tyranny ; both
' which we have fo amply manifested to the \vhole
' World, in our former Declarations, as we judge
' it needlefs here again to repeat : Yet we cannot
* be fo injurious to Truth as not to remember how,
I i 4 * tor
5°4
An. 24- Car. I.
r64S.
January.
72'<? Parliamentary HISTORY
for the Recirefs of fuch Abufes, and for bringing
the Contrivers thereof to condign Punifhment,
we did often make our juft Complaints to the
King, firft by many humble Petitions, then by
Remonftrances and Declarations; which did not
take any EfTe&, but Juftice was ftill denied us,
the main Cbftru&ions whereof did conftantlyflow
from the King's immediate Defign; which divers
Ways will moft evidently appear, if we do but
call to Remembrance,
' Firjli ' How he did not only require the Eng-
* UJh Army, raiftd by his Command in Oppofition
* to the Scots, to march up againft the Parliament
* and City of London; but p radii fed with the fame
' Scots Army itfelf to do the fame ; offering to cor-
f rupt them by the Donation of the four Northern
' Counties, and the Plunder of the City of London :
Secondly, 4 How fuddenly and unexpectedly he
c went into Scotland, notwithstanding our earneft
6 Endeavours and Defires to the contrary :
Thirdly, ' How he countenanced, if not con-
* trived and authorized, that horrid Rebellion in
4 Ireland ; wherein were murdered, in the Province
' of Ul/ler only, (not to fpeak of the reft of that
* Kingdom) and that in the Space of eight Weeks
' only, above 140,000 Protcftants, by fo many
* Varieties of cruel Deaths, as all the firft ten Per-
* fecutions againft the Primitive Chriftians could
* never parallel :
' And, /rf/.'/y, his withdrawing from the Parlia-
* ment, and letting up of his Standard againft it,
'. the like never before pra&ifed by the worft of our
* Kings ; by which Means the Regal Power, which
* was intended for the Weal and Defence of the
c People, 'being hereby turned againft them; ren-
' dering thereby Ireland, the Purchafe of our An-
6 ceftors, in apparent Hazard of being utterly loft ;
f our Trade by Sea and Land to be decayed j our
' Eftates to be wafted, and feme hundreds of thou-
4 funds of our Nation flaughtered and rr.aiTacred :
4 We hereupon defpairing of any good Return
« ofjufticefrom the King, did appeal unto the
' Great
of ENGLAND.
' Great God of Heaven and Earth for the fame ; An. *4 Car. I.
* who, after four Years Wars, did give a clear and
apparent Sentence on our Side, by delivering in-
to our Hands all the Caftles, Towns, and Perfons
of our Oppofites, even of the King himfclf, or
forcing them to fly the Land, and in foreign
Parts to remain as Exiles.
' And whereas it pleafed God, by thefe his Mer-
cies, to put us into fuch a Condition of Power,
that if we did not make England the happieft Na-
tion in the World, not only this prefent Age but
all Pofterity would judge that either we wanted
Wifdom to do it, or Will to effea it : Yet here
again we were encountered with unexpected Dif-
ficulties, by the apparent Defection of fome of
our own Members, who (not regarding the Glory
of God, nor Good of the Commonwealth, but
being carried away by bafe Avarice and wicked
Ambition) did labour the bringing in of the King
again, with' all his Fauks ; without the leaft Re-
pentance or Acknowledgment of his former
Tranfgreffions, either againft God or his People.
' And having to that Purpofe, by many Subtil-
ties of theirs, improved their Party amongft us to
a confiJerable Number, they endeavoured to do
that by Fraud, which, by open Force of Arms,
our greateft Enemies had fo often failed in.
' To this End, finding that nothing but the Ar-
my could obftrucl; their Defign, in whom they
had obferved more than a bare mercenary Spirit;
as having, by the extraordinary Bleffing of God,
finiftied the War in fo (hort a Time after their
undertaking of it j manifefting thereby, that
their Affections to the Public exceeded that of
their particular Employment ; doing fo much Ser-
vice in a few Months for the Parliament, as if
they had plotted to have made themfelvcs inca-
pable of ferving them any longer. Hereupon
they firft attempted to fend the grcateft Part of it
into Ireland, the Scots Army being at the fame
Time poflefTed of the four Northern Counties,
« and
506 Tfo Parliamentary HISTORY
An. 24 Car. I. < and the Perfon of the King himfelf being alfo in
164.8. < tjlejr power. the two Keys of this Kingdom,
January. ' Bcnvick and CarliJlZ) in their Hands ; bcfides,
* the Town of New cajole (being the main and moft
' necefTary Support of London-^ and the Southern
' Parts, for Firing) whplly at their Devotion: All
* which fignified nothing elfe, than that we {hould
* abandon thofe of our own Blood and Country,
' who had faithfully and religioufly ferved us, to
* caft ourfelves into the Protection of a foreign Na-
* tion, who had befules a foreign Intereft.
4 Failing in this their firft Attempt, in the fe-
* cond Place, after the gomg home of the Scots, they
* laboured to break this Army by difbanding it,
* which otherwife they feared, would have broken
* their Defigns. But that not fucceeding, their
c next Work was to raife the City of London inac-
* tual Arms againft it: Wherein being likewifedif-
' appointed of their Expectations, fome of them,
• ' for the fame, being charged by us with High
c" Treafon, and other high Crimes and Mifdemea-
' nors ; moft of them fo charged having left the
* Land, and fome others for the fame being impri-
* fonsd; the King, in the mean Time, {hewing no
* Manner of Contrition, or giving the leaft Hopes
' of any good Accommodation, after feven Ad-
* drefles made unto him in vain:
* We thereupon, judging it not fit that the Ob-
1 ftinacy of any one Man. how c,reat focver, fhould
*' ruin fo many thoufand gooJ People of this King-
* dom, did vote no further Addreiics to be made
i unto him, as being a Pcrlbn incapable of any
* further Truft ; but did declare, That we would
* fettle the prefent Government in fuch a Way as
' might heft ftand with the Peace and Happinefs of
4 this Kingdom; which we had long fince, by
* God's Affiftance, happily efFected, had not a ma-
* lignant Party amongft the Seamen, the like in
*- the Counties of Effex^ Surfj, Sitffcx, and the
*• City cf London, (many of which have fince been
''•'in' actual Arms againft us) by their prefling and
< urgent
cf ENGLAND. 507
* urgent petioning of the Parliament for a perfonal An- HCar.
* Treaty with the King at London, and to difband v l648'
4 the Army, thereby diverted and fruftrated our
' earneft and hearty Defires.
* Which Petitions of theirs, tho' moft of them
' delivered in a tumultuous Manner, and all of them
* in fuch a Way as if they were refolved to admit
* of no Denial ; yet were ib countenanced by a dif-
' affected Number amongft us, (who in all Pro-
' babiiity did correfpond with them in their En-
4 gagemcnts) as fome of the Petitioners had Thanks
' given them, after they had manifeftly broken the
* Privileges of Parliament j Bcfides, the Matter
c was fo repugnant to all Reafon, that the grant-
* ing of it, as the Cafe then flood, (JVaks being
* in fome Meafure revolted, the Scots hourly ex-
4 pedted to come in, Kent and EJ/ex in Arms, and
* a very confiderable Part of the Navy abandoning
'• their Truft-) had been at one Stroke to undo all
* that ever God had done for the Parliament, and
* to render all his Mercies vain and fruitleis.
* And that we might be the more diverted from
* fettling the Peace of this diftracled Kingdom, the
* faid Perfons (taking Advantage of the fundry En-
* gagements the Army was then employed about,
4 and that all at once in divers remote Parts of the
' Realm ; and of the Abfence of fundry well-ai-
* feezed Members, acting in their fevcral refpe<5tive
* Counties, for the quenching of that Flame which
' thefe Perfons in all Likelihood, by their Artifices,
* had kindled) did, by the Subtilty of many terri-
' fying Arguments and threatening Petitions, (ma-
* king the World believe as if there was an Impof-
* fibility to fettle the Peace of the Kingdom with-
* out the King) not only recall thole Votes of
* Non-Addrefles to the King, (made upon fuch and
' fo many Reafons of great Weight and high Con-
< cernment for the Good of the People, as unto
* the leall of which they never gave any Anfwer)
* but did likewife recall fuch Members of this Houfc
* as flood charged, as aforcfai-l, with High Trca-
* fon, ajjd other high Crimes, without anfwcrmg
* or
508 72tf Parliamentary HISTORY
or giving any Satisfaction to the leaft Part of
their Charge.
' And notwithstanding that God, by the Settle-
ment of Wales j the miraculous and fpeedy re-
ducing of Kent ; the Defeat of the Earl of Hd~
land\ the retraining the major Part of the City
of London in their due Obedience j the Confufions
arifing in the revolted Navy ; the rendering of
Colchejler\ and, laftly, the moft incomparable
Defeat of Duke Hamilton and his Army, did
manifeft to the Earth that Heaven was oppofite
to, and difpleafed with, thofe their Councils; and
that once more God, from above, had given
Sentence for the Parliament againft the King :
Yet thefe Members (as if they would refift the
Will of Heaven, and in Defpite of God himfelf,
bring the King home with Honour, Safety, and
Freedom) did notwithstanding proceed to make
fuch Proportions to the King at the Ifle of [fight,
for a fafe and well-grounded Peace, as, if they
had been granted and kept, of which there was
no Probability, would but have returned the
People again to their former Slavery ; forafinuch
as, by thefe Proportions, neither this Parliament,
ncr any fucceeding one, was put into a Capacity
of ever being able to make any good Laws ;
the King being (till fuffered to continue his Ne-
gative Vote, fo long oppofed, and fo ftrongly
voted and declared againft by this Parliament ;
thereby leaving ftill in his Power a Check to any
juft Defire of the People.
' Which pcrfonal Treaty, thus carried on, with-
out any one previous Propofition for the Honour
of the Treattrs, or Security of the Things treated
for, both which were once thought ncceflary by
thofe very Men who now gave Way to this, as
it could not chufe but abundantly fatisfy and de-
light the difaffected Party of the Kingdom ; fo the
good and honefl-minded People thereof, who
had ventured their Lives and Fortunes with us in
the common Caufe, did apprehend it with much
Horror i even trembling to confider that, where -
4 as
^ENGLAND. 509
' as they expe&ed a happy Peace {hould hare been An.z4C*r. I.
4 the Price of their Blood and the Reward of their
4 Labours, a Peace thus concluded would have
c proved but the Beginning of their future Mife-
* ries; and did not fticlc to complain, that hereby
4 we had left them in a far worfe Eftate, after all
* their Victories, than when they undertook tho
4 Wars with us in our lo\vcft Condition. Which
4 we cannot condemn them for, when we remem-
* ber withal, that this Treaty was entertained upoi?
* fuch Propofitions as the King himfelf alfo (hould
* make; which was formerly held to be fo deftruo
*- tive to any well fettled Peace, as neither the
' Houfes of Parliament, nor the Commifiioners for
4 the Kingdom of Scotland^ did think it fitting to
* admit, when he was in his greateft Height: of
4 Power.
4 Neither can we believe, that any Agreement
4 we could have made with the King in the IHe of
4 Wight) in the Condition he was tnen in, would
4 ever have been obferved, either by himfelf or any
* of his Party: For, fetting afide the bare Name of
* Honour, Safety, and Freedom, which the Trea-
1 ty did pretend unto, neither the King, nor any of
* his, ditl ever hold him in any other Condition
4 than that of a Prifoner.
4 For clearing whereof, befides his- Mcffage fcnt
* to both Houfes Oftober 2, in which he propolcth
* To have Liberty to totnc to Weftminfter, and to bf
< re/fared to a Condition of absolute Freedom and
* Safety ; which can import no other than that he
* judged himfelf at that prefent, being in the Time
* of Treaty, to be deprived of both ; his Letters
* to a prime Magiftrate of the City of London do
* clare, That be held himfelf at that Time as great a
V Pi' If oner as ever : And, the Prince in his Dcclara-
* tion made at Goree, fays plainly, That the King in.
4 Truth is ftill a Prisoner ; and invites the Earl of
* Warwick tajiin ivith him to rcfciu: his Father from
4 his unworthy Imprijcr. '
4 And iince enforced Oaths are, in many Men's
4. Judgments, not neceffary to be kept, xvhat At-
4 l iu ranee
Tlx Parliamentary HISTORY
furance could we have that he, who fo often had
failed of his Promifes made to us, when he was
January. * ^ree an(^ at n's own Difpofal, would make that
' good to us, when he came to be re-eftablifhed in
' his Royal Power, which he had obliged himfelf to
* do, when he was in Durance and a Prifoner?
* And fmce hardly any Example can be produced,
' either Foreign or Domeftick, of any Prince, once
' engaged in a War with his Subjects, that ever
* kept any Agreement which he made with them
* longer than mere Neceffity did compel him there-
* to. The Examples to the contrary whereof are
« fo many and fo manifcil, and the late bloody Vio-
* lation of the Peace betwixt the Crown of Spain
c and thofe of Naples is fo frelh in our Memories,
' as we cannot expecl any Propofttion-s, agreed upon
* at the Ifie of {fight, (hould bind the King more
' than the Fundamental Laws, and his Coro-
' nation Oath ; befides his often Proteftations and
c Engagements in the Name of a King, and of a
* Gentleman, which he hath fo often violated.
' And if we had difbanded our Army, is there
s" rmy thing more probable upon Earth, than that
* the King would have railed another \ Which if
«• he fhould have done, and we not endeavoured to
* do the Tike, what were that Neglect but an ap-
* parent betraying of our Caufe and Truft ? Giving
* up that without a Stroke, which we had acquired
* and made good by fo many Victories. And if
*- we fhould have taken up Arms, what were it but
* putting of the Realm again into a ne\v Combuf-
c tion? Wherein whether God would blefs us as
* before, fmcc we made no better Ufe of his for-
4 mer Mercies, as it is only in his Divine Wifdom
4 to determine, fo it would be little human Provi-
c dence or Policy in us, if it be not a bold Tempta-
* tion of God, to put it any more to the Trial.
* And notv/ithftanding that it pleafed God fo to
* harden the King's Heart, that he would not abo-
* li(h Epifcopacy, but only fufpend it ; and con-
4 fented that the Bifhops Lands fhould be left for
* a long Term only, the old Rents being ftill re-
. * fcrvei
of E N G L A N D, 511
( ferved for their Maintenance ; whereas we had An« *4 car. I.
* ibid the faid Lands out-right, and the old Rents . *6&m .
* were all that many had bought of the Bimops January.
c Eftates j yet fo willing were thefe Men to com-
* ply with the King, as they were not only con-
* tented that the Buyers, who adventured upon the
' public Faith of the Parliament, fliould be de-
4 frauded of their Bargains, fome of them wholly,
c all of them in part; but that Epifcopacy itfelf,
' which they had covenanted to extirpate, fliould
* yet remain in the Root, and a more than probable
* Conjecture that it might recover itfelf again.
' And whereas the King would not confent to
' the capital Punifhment of any one Delinquent,
' there being only one offered unto him, namely,
* David Jenkins, the reft being beyond the Seas,
* and out of our Power; yet, contrary to their Co-
* venant, and contrary to the main, if not only,
' End of making this War, (which was to bring
* Delinquents to condign Puniftiment) they did
' in this alfo acquiefce in the King's Anfwer.
4 This, in plain Terms, was to decline the Caufe
* of the People, and to aflert that of the King's ;
*• betraying thereby our own Caufe, and juftifying
' his ; making that good by this only Action, which
* our oreateft Adverfaries have ever conftantly up-
' braided us withal ; which was, That we had no
* Juftice on our Side, becaufe we durft never bring
* any of them to Judgment.
4 Which Actions of theirs, being apparently
< contrary to all that which the Parliament had,
* from the Beginning of their Troubles, held out
' to the People, and which were the only Motives
' to induce them to undertake this War; fo as, by
* this Means, Epifcopacy remaining ftill in the
4 Root, wanting only a little Warmth of fair Wea-
* ther to make it bud forth again ; and, in the In-
6 terim, no Care taken at all for the conftant Set-
* dement of Religion : And, on the other Side, f-r
c Want of juftice upon the capital 'Offenders, all
< good Men difcouraged, and even repenting that
4 tncy had ever undertaken the Caufe ; which
* would
The Parliamentary ti I s T d R Y
would have been, by this Argument, fo vilely an^
unequally ftated, as if the King's Party ihould
be an hundred Times beaten, they muft be an
hundred Times indemnified : But, on the other
Side, if the Parliament's Party fliould happen to
be at the Lofs but once, all the godly People in the
Land fliould have been deftroyed for the prefent,
and the very Caufe of Liberty and Religion itfelf
indangered to be loft irrecoverably for the future..
* And whereas God having fo eminently owned
this Caufe, that the Enemy could never prevail
againft it, either by open Force of Arms, or any
fecret Machination of their own devifmg ; here-
by, through the Treachery of fome, unto whofc
Truft the Defence thereof was committed, the
Caufe would not only at this Time be utterly
loft, but all Pofterity for ever difcouraged to take
up Arms, or join with a Parliament again ; againft
whom if, for the King, any fhould get the Vic-
tory, all Honours, Profits, and worldly Felicities
would confequently offer themfelves to be the
Reward of their Labours ; and if they fhould
happen to be overcome, there would be no Tri-
bunal on Earth whereby to punifti them, or call
them to Account for their Actions.
* Wherefore, unlefs we fhould deny the Good-
nefs of our Caufe, which God hath adjudged on
our Side, by the gracious Bleflings of fo many
fignal Victories; unlefs we {hould betray our
Friends, who have engaged with us upon our
Votes of Non-Addrefles, to the Hazard of their
Lives and Fortunes; unlefs we fhould value this
one Man, the King, above fo many Millions of
People, whom we reprefent ; and prefer his
Honour, Safety, and Freedom, before the Ho-
nour, Safety, and Freedom of the whole Nation j
unlefs we fhould fcorn and contemn any Peace,
which the great God of Heaven and Earth, our
aflured Help in our greateft Diftrefles, hath given
us; and that we muft rely only upon fuch a
Peace, which the King (a mortal Man, and our
implacable Enemy) fhall allow us j unlefs we
« fhould
£/ E N G L A N D. 513
e fhould give ourfelves up to the Slaughter* and An. 24 Car. I.
* fuffer our own Members to undermine the Parlia- t l6*8' ^
* ment and the Kingdom's Caiife ; unlefs we jinuary.
fhould flake All which we have, to the King's
Nothing; and treat with him who hath hot any
Thing to give us j and, after God hath put us
into Pofleflion of allj and more than we *fked$
then we muft treat with the King, whether we
(hall have it or no : Laftly, unlefs we fhould va-
lue the Blood of fo many Innocents, and the Ar-
my of fo many Martyrs, who have died in this
Caufe, lefs than the Blood of a few guilty Perfons,
by what Name or Title foever ililed, We could
do no lefs than repeal thofe Votes before fpcci-
fied, as being highly repugnant to the Glory of
God, greatly dishonourable to the Proceedings of
Parliament, and apparently destructive to th^
Good of this Kingdom.
* Yet we are refolved, by God's Affiftance, and
that fpeedily, fo to fettle the Peace of the King-
dom, by the Authority of Parliament, in a moia
happy Way, than can be expected from the bcft
of Kings.'
Nothing intervening worth our Notice in the
Houfe of Commons, we pafs on to Jan* 18, to
which Day the Lords had adjourned themfclves *
and they being met, an Order was maJe by them,
and fent down to the Commons, ' That, on ac-
count of the great Bufinefs now in Agitation, about
fettling the Affairs of the Kingdom, it would hs
convenient to adjourn the next Term for lomo
frnall Time.' This Order \\v.s carried to t'.c oilier
Houfe by the Lord Chief Baron H\hL and Jultice
Cresktld) who were readily admitted to deliver their
Meflage, and had the ufua! Anfwer returned, ' That
the Houfe had confukrcd of their Meflags, and
would fend an Anfwer oyMcflengers of their own.'
However this might be taken by their Lordihips,
they could not but be fenfiblc that the Time
of their DifTolution drew nigh ; fmce the Common;
had not only voted thcmfeives the Supreme Power
VOL. XVIII, Kk of
5 1 4 *fhe Parliamentary HISTORY
An. 54 Car. I. of the Kingdom, but had alfo pafled fome Acl*
. l6*L__/ ky tneir own f°'e Authority, befides that for the
January. Trial of the King, and had voted and publifhed
them as Law. And on this very Day, loon after
The Commons the former civil MefTage was fent to the Lords, a
pafs an Aa for Quefljon being prOpofed in the Houfe of Com-
sdvnrmng Hil- ? T i o uirj
JaryT:riti,w,th- rnons, That the Lords Concurrence be dehred to
cut a/king the the three Votes of the 4th of January Inftant, it
unctCtjnCUr" Paffed in the Negative, by 25* againft 18. Nor
did they tver fend any Meflage to the Lords about
the Adjournment of the Term ; but the next Day,
made and publiftied an Act of their own to that
Purpofe,
Jan. 1 9. The High Court of Juftice had met fe-
veral Times before this, after the Rifing of the
Houfe, to open their Commifiion, choofe a Prefi-
dent, ' and regulate fome further Preliminaries to
the King's Trial ; in order to which he was this
Day removed, under a ftrong Guard, from J-Vmd-
for to St. James's ; and, on the next Day, brought
to Jytfiminjler-Hall, before the High Court of Juf-
ticc, where fixty-feven of the Commiflioners appear-
ed upon the Bench. What pafied before this un-
precedented Kind of Tribunal is not in our Pro-
vince to relate, there being little or no Mention
inncie of their Proceedings in the Journals of either
Houfe. And fmce the Trial itfelf has been fo of-
ten printed, and is in every one's Hands, there is
lefs Occafion for us to go on with that melancholy
Subject; obferving only, from the Journals of the
Commons, that they had prejudged the King's
Death, by appointing a Committee, on the iyth of
this Month, to go and take an exa6l Inventory of
his Goods, &c. in all his Palaces. A Thing not
praclifed before the Convi&ion of the vileft Male-
factor.
Lord Clarendon writes (<?), c That as foon as the
j _ , _. __., _ . I TT-- t •
Prince of Wales heard of the King s being carried
by H/arrijm to Wmdfor^ and from thence to St.
(p) Vol. v, p. as?.
of ENGLAND. 515
Jatnes's, though he had fome little Time before fent An* H Car-
a Servant on Purpofe to fee his Majefty, and to bring i ' 4 ' «
him an Account of the State he was in, which January.
Servant was not permitted to fee him ; he fent now
another with a Letter to Fairfax and the Council of
War, (for he knew the Parliament had no Autho-
rity) in which he told them, ' That he had no
other Means to be informed of the Health and
Condition of the King his Royal Father, but by
the common Prints and general Intelligences that
arrived in thofe Parts : He had Reafon by thofc
to believe, that after the Expiration of the Treaty
in the Ifle of Wight, (where he hoped the Foun-
dation for a happy Peace had been laid) his Ma-
jefty had been carried to HurJl-Caftle ; and fince,
by fome Officers of the Army, to f-Findfor, not
without Purpofe of a more violent Profecution ;
the Rumour whereof, though of fo monftrous
and incredible a Nature, had called uponhisPiety
to make this Addrefs to them; who had at this
Time the Power to choofe, whether they would
raife lading Monuments to themfelves of Loyalty
and Piety, by reftoring their Sovereign to his juft
Rights, and their Country to Peace and Happi-
nefs (a Glory which had been feldom abfolutely
vouch fafed to fo fmall a Number or Men) ; or
to make themfelves the Authors of endlefs Mifery
to the Kingdom, by contributing or confenting
to an Acl which all Chriftians, into how different
Opinions foever divided, muft abhor, as the moft
inconfiftent with the Elements of any Religion,
and deftruclive to the Security and Being of any
Kind of Government : He did therefore earneftly
defire and conjure them, fadly to confider the vaft
and prodigious Difproportion in that Election ;
and then he faid he could not doubt but that they
would chufe to do that which was moft juft, fafe,
and honourable for them to do ; make them-
felves the blefled Inftruments to preferve, defend,
and reftore their King, to whom only their Al-
legiance was due ; by which every one of them
might juftly promifc to themfelves Peace of Con-
K k 2 ' fcience,
5 1 6 'Hoe Parliamentary HISTORY
An. 24 Car. I. « fcience, the fmgular Good-will and Favour of
^ l64g> f < his Majefty, and the ample Thanks and Acknow-
* ledgrnent of all e;ood Men, and the particular and
« unalterable AfFeaion of the Prince himfelf.' This
Letter, adds his Lordfliip, was, with much ado, de-
Whkh meets Hvered into the Hands of Lord Fairfax himfelf ;
with no Regard but the Meflehgef could never be admitted to fpeak
from them. ^.^ njm . nor was tnere more lcnown> tnan tnat Jt
was read in the Council of War, and laid afide.'
'Jan. 20. This Day the Commons, at the King's
Defire, gave Leave to Dr. Juxon, the then deprived
Bifhop of London^ to attend him as long as the King
fhould require him; but not to permit him to go to
and fro, but conftantly to abide with him. The
Prince Elector had Permrflion from them alfo, at his
Requeft, to vifit the King in the Prefence of his
Guards.
The fame Day the Houfe being informed, That
divers Officers of the Army were at the Door, they
were called in > and Lieutenant-General Hammtnd
acquainted them, that the Lord-General and his
Council of Officers had commanded him, Colonel
Qkey, and the other Gentlemen with him, to pre-
fent to them their humble Petition, with a Writing
in Parchment ; which were as follows :
To the Honourable the COMMONS of England, in.
Parliament affembled^
The HUMBLE PETITION of his Excellency THOMAS
Lord FAIRFAX, and the General Council of Officers
of the Army under his Command*
Whitehall, Jan. 15, 1648.
T N our late Remonftrance, of the j6th of AT*.
* vember laft, we propounded, next after the/
Matters of public Juftice, fome Foundations for
a general Settlement of Peace in the Nation,
which we therein defired might be formed and
eftabliihed in the Nature of a general Contract
0f ENGLAND. 517
f or Agreement of the People; and fince then, the An. 24. Car. 1
* Matters fo propounded being wholly rejected, or I648-
* no Confideration of them admitted in Parliament, v —
« though vifibly of higheft Moment to the Public, J>inuarjr*
c and all ordinary Remedies being denied, we were
' neceffitated to an extraordinary Way of Remedy;
* whereby, to avoid the Mifchiefs then at Hand,
< and fet you in a Condition, without fuch Ob-
* ftruclions or Diverftons by corrupt Members, to
' proceed to Matters of public Juftice and general
* Settlement.
6 Now, as nothing did, in our own Hearts, more
* juftify our late Undertakings towards many
* Members in this Parliament, than the Neceluty
* thereof in order to a found Settlement in the
* Kingdom, and the Integrity of our Intentions
* to make ufe of it only to that End ; fo we hold
* ourfelves obliged to give the People all Aflurance
* poffible, That our oppofing the corrupt Clofure
* endeavoured with the King, was not in Defign
c to hinder Peace or Settlement, thereby to render
' our Employments, as Soldiers, necelfory to be
e continued; and that neither that extraordinary
* Courfe we have taken, nor any other Proceed-
* ings of ours, have been intended for the fetting
c up of any particular Party or Intereft, by or with
e which to uphold ourfelves in Power and Domi-
c nion over the Nation ; but that it was, and is, the
* Defire of our Hearts, in all we have done, with
c the hindering of that imminent Evil and deftruc-
c live Conjunction with thq King, to make Way
* for the Settlement of a Peace and Government of
' the Kingdom upon Grounds of common Free-
* dom and Safety ; and therefore, becaufe our for-
* mer Overtures for that Purpofe (being only in
' general Terms, and not reduced to a Certainty
« of Particulars fit for Practice) might poflibly be
c underftood but as plaufible. Pretences, not intend -
* ed really to be put into Effect ; we have thought
* it our Duty to draw out .thefc Generals into an
' intire Frame of Particulars, afcertained with fuch
K k 3 Circumftanccs
518 The Parliamentary HISTORY
Circumftances as may make it effectively practi-
cable ; and, for that End, while your Time hath
been taken up in other Matters of high and pre-
fent Importance, we have fpent much of ours in
preparing and perfecting fuch a Draught of A-
greement, and in all Things fo circumstantiated,
as to render it ripe for your fpeedier Confidera-
tion, and the Kingdom's Acceptance and Prac-
tice, if approved ; and fo we do herewith humbly
prefect it to you.
' Now, to prevent Mifundcrfianding of our In-
tentions therein, we have but this to fay, That
we are far from fuch a Spirit, as pofitively to
impofe our private Apprehenfions upon the Judg-
ments of any in the Kingdom, that have not for-
feited their Freedom, and much lefs upon your-
felves : Neither are we apt in any wife to infift
upon circumftantial Things, or ought that is not
evidently fundamental to that public Intereft for
which you and we have declared and engaged j
but, in this Tender of it, we humbly defire,
1. ' That, whether itftiall be fully approved by
you and received by the People, as it now ftands
or not, it may yet remain upon Record, before
you, a perpetual Witnefs of 'our real Intentions
and utmoft Endeavours for a found and equal
Settlement; and as a Teflimony whereby all
Men may be affured what we are willing and
ready to acquiefce in; and their Jealoufies fatif-
fied or Mouths ftopt, who are apt to think or fay,
We have no Bottom.
2. c That, with all the Expedition which the
immediate and preffing great Affairs will admit, it
may receive your moft mature Confideration and
Refolutions upon it; not that we defire either the
whole, or what you {hall like in it, fhould be
by your Authority impofed as a Law upon the
Kingdom, for fo it would lofe the intended Na-
ture of An Agreement of the People ; but that, fo
far as it concurs with your own Judgments, it
may receive your Seal of Approbation only.
. « That
of ENGLAND.
3. e That, according to the Method propound-
ed therein, it may be tendered to the People in
all Parts, to be fubfcribed by thofe that are wil-
ling, as Petitions and other Things of a volun-
tary Nature are; and that, in the me^n while, the
Ascertaining of thofe Circumftances, which are
referred to Commiffioncrs in the fevcral Counties,
may be proceeded upon in a Way preparatory to
the Practice of it : And if, upon the Account of
Subfcriptions (to be returned by thofe Commif-
fioners in April next) there appears a general
or common Reception of it amongft the People,
or by the Well-affected of them, and fuch as
are not obnoxious for Delinquency, it may then
take Place and Effecl:, according to the Tenor
and Subftance of it.
Py the Appointment of his Excellency^ and the
General Council of Officers of the Artny,
JO. RUSHWORTH, Seer.
The Writing in Parchment, prefented to the
Houfe along with the foregoing Petition, was in-
tituled,
An AGREEMENT of the People of England, and
the Places thereiuith incorporated^ for a fecurt
and prefent Peace, upon Grounds of common Right^
freedom , and Safety (a).
f TTAving, by our late Labours and Hazards, Ar.
* J. JL made it appear to the World at how hi^h of the People, for
« a Rate we value ourjuft Freedom ; and God ha- *h*e{£™nt of
< ving fo far owned our Caufe as to deliver the Etic- a ^w*pi°."pwl
* mies thereof into our Hands, we do now hold oar-
« felves bound, in mutual Duty to iach other, to
6 take the beft Care we can, for the future, to-avoid
< both the Danger of returning into a flavifh Con-
* dition, and the chargeable Remedy of another
4 War:
(a) Mr. ff'oithtkc writes, ' That the Frame of this Agrctment of
the People w-s thought to be, for the moft Part, made hy ComnnTi-y
Geaerjl Irf-cn; a Man full of Invjnticn and Indulhy, wbo h*d »
Jittle Knowledge of the Law, which ltd him into the more krr<,r«.
'
Pa -lisinertary HISTORY
* War : For as it canr.o a:: imagined that fo many
4 of our Countrymen would have oppofed us in this
4 Quarrel, ifth^y had underlined their own Good,
c fo may we hopefully, promife fo ourielves, that
< when our common Rights' and Liberties fhall b$
* cleared, their Endeavours will be difappointed
4 that ieck to^jpjake them (elves our Matters ; fmce
? therefore our former Qpprefiions and not yet
4 ended. Troubles, have been occafioned either by
4 want of frequent National Meetings in Council,
4 or by the undue or unequal Conftitution thereof^
4 or by rendering thofe Meetings ineffectual, we
4 are fu'ly agreed and refolved, God willing, to
4 provide, That hereafter our Reprefentatives be
4 neither left to an Uncertainty for Time, nor be
f unequally confHtuted, nor made ufelefs to the
4 Ends for which they are intended. In order
4 vvhereunto v,-q declare and agree,
Fir/1, *' That, to prevent the many Inconveni-
e ences apparently arifirrg from the long Continu-
f ance of the fame Perfons in Supreme Authority,
' this prefent Parliament epd and diflblvc upon, or
4 before, the laft Day of April, in the Year of our
4 Lord 1649,
Secondly, 4 That the People of England (being
4 at this Day very unequally distributed by Coun-
4 ties, Cities, and Boroughs, for the Election of
f their Reprefentatives) be indifferently propor-
4 tioned ; and, to this End, that the Reprefenta-
4 tive of the whole Nation fhall confift of 400 Per-
4 fons, or not above ; and in each County, an.cL
4 the Places thereto fuhjoined, there |hall be cho-
4 fen, to make up the (aid Reprefentative at all
4 Times, the feveral Numbers here mentioned,
f viz.
KENT, with the Boroughs, Towns, and Pa-1
rimes therein, except fuch as are hereunder f 10
particularly named, J
Canterbury, with the Suburbs adjoining, and^ ~
Liberties thereof, 5
J\o:he/?er, with the Pariflics of Chatham and?
' &?md> 5 l
The
of ENGLAND.
The Cinque-Ports in Kent and Sufftx, viz.l
Dover, Rsmncy, Hythe, Sandwich , Ha flings, f"
with the Tov/ns of Rye and It^tncbeljca, ' January.
SUSSEX, with the Boroughs, Towns, andPa-i g
rifhes therein, except Chicke/ler, }
Cbicbefter, wiih the Suburbs and Liberties 7
thereof,
SOUTHAMPTON County, with the Boroughs, |
Towns, and Pariflies therein, except fuch r" 8
as are here-under named,
H'incbefter, with the Suburbs and Liberties •»
thereof, 5
Southampton Town and the County thereof, I
PORSETSHIRE, with the Boroughs, Towns, o
and Parifhes therein, except Dorcbejler^ 5
Dorchefter. - I
DEVONSHIRE, with the Boroughs, Towns,*!
and Parifties therein, except fuch as arefil
here-under particularly named, J
Exeter^ - - 2
Plymouth, - •- - 2
Barnftaple, - I
CORNWALL, with the Boroughs, Towns, and^ g
Parifhes '.herein, 5
SOMERSETSHIRE, with the Boroughs, Towns, |
and Parifhes therein, except fuch as are \ 8
he. re- under named, J
Brijlol, 3
'Taunton-Dean^ - X
WILTSHIRE, with the Boroughs, Towns, and 7
Parifhes therein, except Sali/bury, i '
Salisbury, - J
BERKSHIRE, with the Boroughs, Towns, and?
Parifhes therein, except Reading, * *
Reading, I
SURRY, with the Boroughs, Towns, and Pa- 7 »
rifhes therein, except Southward, i
Southwark, - 2
MIDDLESEX, with the Boroughs, Towns, andl
Parifhes therein, except fuch as are here- f 4
under named,
London, - 8
Wcjlminjler,
522 The Parliamentary HISTORY
An> It ?"' *' W*flmir!fter and the Duchy, — — _- 2
i ' * ' i HERTFORDSHIRE, with the Boroughs,] ^
January. Towns, and Parifties therein, j
BUCKINGHAMSHIRE, with the Boroughs, 7 ^
Towns, and Parifties therein, j
OXFORDSHIRE, with the Boroughs, Towns,!
and Parifties therein, except fuch as are f 4
here-under named,
Oxford City — — — 2
Oxford Univerfity, — — - 2
GLOUCESTERSHIRE, with the Boroughs, •
Towns, and Parifties therein, except Glou-
~ 2
HEREFORDSHIRE, with the Boroughs,-
Towns, and Parifhes therein, except He-
reford,
'Hereford, — .
WORCESTERSHIRE, with the Boroughs
. Towns, and Parifties therein, except War
cejler,
-^
L
J
s,")
- r
WARWICKSHIRE, with the Boroughs,Towns, •>
and Parifties therein, except Coventry, J ^
Coventry^ 2,
NORTHAMPTONSHIRE, with the Boroughs, "|
Towns, and Parifhes therein, except Nor- r 5
thampton^
Northampton^ — — — ~ X
BEDFORDSHIRE, with the Boroughs, Towns, 1
and Parifhes therein, .T
C AMBRiDGESHiRE,with the Boroughs,Towns, ~\
and Parifhes therein, except fuch as are > 4
here-under particularly named, J
Cambridge Univerfity, — • — 2
Cambridge Town, — — 2
ESSEX, with the Boroughs, Towns, and Pa-|ir
rifties therein, except Cokbefler^ j
Colcbejler^ 2
SUFFOLK, with the Boroughs, Towns, and^
Parifhes therein, except fuch as are here- >io
after named, * J
Jpjwcb
of E N G L A N D. 523
Ipfwich, — — — 2 An. 24, Car. I.
St. Edmund's Bury, I ^ ^
NORFOLK, with the Boroughs, Towns, and )
Parimes therein, except fuch as are here- /> g
under named, J
Norwich, — -- 3
Lynn, — — I
Yarmouth, — — I
LINCOLNSHIRE, with the Boroughs, Towns, ^
and Parifhes therein, except the City of >il
Lincoln and Town of Bofton, J
Liwoln, — — — I
Bojlon, •-- ~ t
RUTLANDSHIRE, with the Boroughs, Towns, 7
and Parifhes therein, i
HUNT INC DONS HIRE, with the Boroughs,?
Towns, and Parifhes therein, $ 3
LEICESTERSHIRE, with the Boroughs, ^
Towns, and Parifhes therein, except Lei- I 5
cefter,
Leiccfter, — — — I
NOTTINGHAMSHIRE, with the Boroughs, "\
Towns, and Parifhes therein, except N** > 4
tingham, J
Nottingham, — I
DERBYSHIRE, with the Boroughs, Towns, and 7
Parifhes therein, except Derby,
Derby, - i
STAFFORDSHIRE, with the City of Z 'tcMeld^ 1 ^
the Boroughs,Towns, and Parifhes the in, J
SHROPSHIRE, with the Boroughs, iowns,* .,
and Parifhes therein, except Shrewjbury, 5
Shrewjbury, I
CHESHIRE, with the Boroughs, Towns, andy
Parifhes therein, except Che/ler, i 5
Chejler, 2
LANCASHIRE, with the Boroughs, Towns, "I ,
and Parifhes therein, except Mancheftery *
Manchefter and the Parifh - i
YORKSHIRE, with the Boroughs, /Towns,!
and Parifhes therein, except fuch as are f 15
here-after named. J
York
The Parliamentary HISTORY
York City and the County thereof, - - 3
Kingjlon upon //;///, and the County thereof, i
Leeds Town and Pari(h, I
DURHAM County-Palatine, with the Bo- 1
roughs, Towns, and Parifhes therein, ex- \ 3
cept Durham and Gatefide^ . . J
Durham City, . - - - i
NORTHUMBERLAND, with the Boroughs, ^
Towns, and Parifhes therein, except iuch f 3
as are here-under named, J
Newcajlle upon Type and the County thereof,-
\vithGatsfde, $ 2
- I
CUMBERLAND, with the Boroughs, Towns, 7
and Parifhes therein, i
WESTMORELAND, with the Boroughs, ^
Towns, and Pariflies tnerein, i
WALES.
ANGLESEY, with the Pariflies therein, . - .
BRECKNOCK, with the Boroughs and Parifhes ^
therein, S
CARDIGAN, with the Boroughs and Parifhes
therein,
^
5
CAERMARTHEN, with the Boroughs and Pa- 7
rifhes therein, j ^
CARNARVON, with the Boroughs and Pa- 7
rifhes therein, ^
PENBIGH, with the Boroughs and Pariflies 7
therein, i 2
FLINT, with the Boroughs and Parifhes therein, i
MONMOUTH, with the Boroughs and Parifhes ^
therein, i ^
GLAMORGAN, with the Boroughs and Parifhes?
therein, 1 ^
MERIONETH, with the Boroughs and Parifhes?
therein, j 2
MONTGOMERY, with the Boroughs and Pa-^
rithes therein, S ^
RADNOR, with the Boroughs and Parifhes?
therein, i
PEMBROKE,
ef ENGLAND. $2;
PEMBROKE, with the Boroughs, Towns, and} An. 24 Car. L
Parilhes therein, 5 4 '64g.
* Provided, That the firft or fecond Reprefcnta- ' j^ '
* live may, if they fee Caufe, affign the Remainder
* of the 400 Reprefenters, not hereby affigned, or
* fo many of them as they fhall fee Caufe for, unto
' fuch Counties as fhall appear in this prefent
' Diftribution to have lefs than their due Propor-
' tion.
' Provided alfo, That where any City or Bo-
* rough, to which one Reprefenter or more is af-
* figned, fhall be found, in a due Proportion, not
' competent alone to elect a Reprefenter, or the
c Number of Reprefenters affigned thereto, it is
* left to future Reprcfentatives to affign fuch a
' Number of Parifhes or Villages near adjoining to
' fuch City or Borough, to be joined therewith in
« the Elections, as may make the fame proportion-
« able.
Thirdly^ ' That the People do, of courfe, choofe
* themfelves a Reprefentative once in two Years*
' and fhall meet for that Purpofe upon the firft
' Thurfday in every fecond May9 by Eleven of the
*• Clock in the Morning j and the Reprefentatives
' fo chofen to meet upon the fecond Thurfday ia
* the June following, at the ufual Place in pfafl»
* minjlery or fuch other Place as, by the foregoing
e Reprefentative, or the Council of State in the In-
4 terval, fhall be, from Time to Time, appointed
' and publifhed to the People, at the leaft twenty
* Days before the Time of Election: And to con-
' tinue their Seffions there, or elfcwhere, untill the
' fecond Thurfday in December following, unlefs
* they fhall adjourn, or diflblve themfelves fooner ;
« but not to continue longer. The Election of
« the firft Reprefentative to be on the firft Thurfday
* in May, 1649 > anc^ tnat» ant^ a^ rut^ure Elections,
* to be according to the Rules prcfcribed for the
* fame Purpofe in this Agreement, vizt
I. ' That the, Electors in every Divifion fhall
* be Natives or Denizens of England, not Perfons
* receiving
52& The Parliamentary HISTORY
An'24Car>I--e receiving Alms, but fuch as are aflefled ordirti-
* rily towards the Relief of the Poor ; not Servants
' to, and receiving Wages from, any particular
* Perfon. And in all Elections, except for the
* Univerfities, they (hall be Men of one and twenty
' Years of Age, or upwards, and Houfe-keepers,
' dwelling within the Divifion for which the Elec-
* tion is : Provided, That (until the End of feven
4 Years next enfuing the Time herein limited for
* the End of this prefent Parliament) ho Perfon
* fhall be admitted to, or have any Hand or Voice
c in, fuch Elections, who hath adhered unto or
c afiifted the King againft the Parliament in any
* of the late Wars or Infurrections ; or who (hall
c make, or join in, or abet, any forcible Oppofi-
c tion againft this Agreement.
2. ' That fuch Perfons, and fuch only, may be
e elected to be of the Reprefentative, who, by the
* Rule aforefaid, are to have Voice in Elections in
* one Place or other.
* Provided, That of thofe none (hall be eligible
' for the firft or fecond Reprefentative, who have
* not voluntarily aflifted the Parliament againft the
' King, either in Perfon before the i/j-th of Junet
' 1645, or elfe in Money, Plate, Hone, or Anns,
* lent upon the Proportions, before the End of
* May, 1643; or who have joined in, or abetted,
' the treafonable Engagement in London^ in the
* Year 1647 > or wno declared or engaged them"
* felves for a Ceflation of Arms with the Scots that
* invaded this Nation the laft Summer ; or for
* Compliance with the Actors in any Infurrections
* of the fame Summer ; or with the Prince of Wales 9
* Or his Accomplices, in the revolted Fleet.
' Provided alfo, That fuch Perfons as, by the
* Rules in the preceding Article, are not capable
c of electing until the End of feven Years, {hall
* not be capable to be elected until the End of
* fourteen Years next enfuing. And we defire and
* recommend it to all Men, that, in all Times, the
* Perfons to be choieri for this great Truft may
« be
of E N G L A N D. 52;
be Men of Courage, fearing God and hating Co- An- *4 c»r. I.
vetoufnefs ; and that our Reprefentatives would ^^ __^,
make the beft Provifions for that End. January.
3. ' That whoever, by the Rules in the two
preceding Articles, are incapable of electing, or
to be elected, fhall prefume to vote in, or be prc-
fent at, fuch Election for the firft or fecond Rc-
prefentative ; or, being elected, fhall prefume to
fit or vote in either of the faid Reprefentatives,
fhall incur the Pain of Confifcation of the Moiety
of his Eftate, to the Ufe of the Public, in cafe
he have any vifible Eftate to the Value of 50 /.
and if he has not fuch an Eftate, then fhall in-
cur the Pain of Imprifonment for three Months :
And if any Perfon fhall forcibly oppofe, moleft,
or hinder the People, capable of electing as afore-
faid, in their quiet and free Election of Reprefen-
ters, for the firft Reprefentative, then each Per-
fon fo offending, fhall incur the Penalty of Con-
fifcation of his whole Eftate, both Real and Per-
fonal j and, if he has not an Eftate to the Value
of 50 /. fhall fufFer Imprifonment during one
whole Year without Bail or Mainprize.
4 Provided, That the Offender in each fuch
Cafe be convicted within three Months next after
the committing of his Offence : And the firft Re-
prefentative is to make further Provifion for the
avoiding of thefe Evils in future Elections.
4. « That to the End all Officers of State may
be certainly accountable, and no Factions made
to maintain corrupt Interefts, no Member of
a Council of State, nor any Officer of any Salary-
Forces in Army or Garrifon, nor any Trcafurer
or Receiver of public Money, fhall, while fuch,
be elected to be of a Reprefentative : And in cafe
any fuch Election fhall be, the fame to be void.
And in cafe any Lawyer fhall be chofen into any
Reprefentative, or Council of State, then he fhall
be incapable of Practice as a Lawyer during that
Truft.
5. * For the more convenient Election of Re-
prefentatives, each County, wherein more than
' three
£28 ffie Parliamentary H i s T o £ V
three Reprefenters are to be chofen, with the?
Towns Corporate and Cities, if there be any, ly-
ing within the Compafs thereof", to which no Re-
prefenters are herein afligned, (hall be divided by
a due Proportion into fo many, and fuch Parts,
as each Part may elecl: tv/o, and no Part above
three Reprefenters. For the fetting forth of
which Divifionsi and the afcertaining of other
Circumftances hereafter expreffed, fo as to make
the Elections lefs fubjedt toConfufion or Miftake,
in order to the next Reprefentative, Thomas Lord
Grey of Grooby, Sir John Danvers, Sir Henry
Ho/croft, Knights; Mofcs Wall, Gentleman j
Samuel Moyer, John Langley, William Hawkins^
Abraham Babington, Daniel Taylor, Mark Hil/ley,
Richard Price, and Col. John White, Citizens of
London, or any five or more of them, are intrufted
to nominate and appoint, undtr their Hands and
Seals, three or more fit Perfons in each County,
and in each City and Borough, to which one
Reprefenter or more is affigned, to be as Com-
miilioners, for the Ends aforefaid, in the refpec- '
tive Counties, Cities, and Boroughs; and, by like
Writing under their Hands and Seals, lhall certi-
fy into the Parliament Records, before the 141)1
Day of February next, the Names of the Coin-
in iffioners fo appointed for the refpe&ive Coun-
ties, Cities, and Boroughs j which Commiffion-
crs, or any three or more of them, for the re-
fpe&ive Counties, Cities, and Boroughs, (hall,
before the End of February next, by Writing un-
der their Hands and Seals, appoint two fit and
faithful Perfons, or more, in each Hundred, Lath,
or Wapontake, within the refpe&ive Counties,
and in each W^ard within the City of London, to
take Care for the orderly taking of all volun-
tary Subfcriptions to this Agreement, by fit Per-
fons to be employed for that Purpofe in every
Parifhj who are to return the Sublcription, fo
taken, to the Perfons that employed them, keep-
in'.-; a Tninfcript thereof to themfelves; and thole
Pcifons, keeping like Traafcripts, to return the
" * oriinal
tf E N G L A N D. 529
, original Subfcriptions to the refpe£Hve Commif- An. 14. cu. I.
* fioners by whom they were appointed, at, or be- ^ ' ^
* fore, the i4th of April next, to be regiftered and January.
* kept in the County Records for the faid Counties
* refpe&ively ; and the Subfcriptions in the City of
* London to be kept in the chief Court of Record,
* for the faid City. And the Commiffioners for
* the other Cities and Boroughs refpe&ively, are to
' appoint two or more fit Perfons in every Parifli
* within their Precincts, to take fuch Subfcriptions ;
* and, keeping Tranfcripts thereof, to return the
' Originals to the refpe£Hve Commiflioners by the
* faid I4th of April next, to be regiftered and kept
* in the chief Court within the refpeclive Cities and
k Boroughs. And the fame Commiflioners, or any
* three or more of them, for the feveral Counties,
* Cities, and Boroughs, refpe&ively, {hall, where
* more than three Reprefenters are to be cho-
' fen, divide fuch Counties, as alfo the City of Lon-
* don, into fo many, and fuch Parts as are afore-
* mentioned j and (hall fet forth the Bounds of
* fuch Divifionsj and (hall, in every County, City,
* and Borough, where any Reprefenters are to bs
* chofen, and in every fuch Divifion as aforefaid
* within the City of London, and within the feveral
* Counties fo divided, refpe&ively, appoint one
' certain Place wherein the People {hall meet for
c the Choice of their Reprefenters ; and fome one
* fit Perfon, or more, inhabiting within each Ba-
* rough, City, County, or Divifion, respectively,
* to be prefent at the Time and Place of Election,
* in the Nature of Sheriffs, to regulate the Elcc-
' tions ; and by Pole, or otherwife, clearly to dif-
' tinguifh and judge thereof, and to malcc Return
* of the Perfon or Perfons elected, as is hereafter
' exprefled ; and {hall likewifc, in Writing uaJjr
' their Hands and Seals, imke Certificates of the;
' feveral Divifions, with the Bounds thereof, by
' them fet forth, and of the certain Places of
4 ing, and Perfons, in the Nature of SherifY, ap-
' pointed in them refpeclively as aforefaid ; and
VOL.XVUL LI 'cauls
5J6 <Tbe Parliamentary tf i S T o ft Y
An. 44. Car. I. < caufe fuch Certificates to be returned into the
] * ' t l Parliament Records before the End of yfyr/Vnext j
' anc^ before thht Time fhall alfo caufe the fame to
* be pubilfhed in every Parifti within the Counties,
' Cities, and Boroughs refpeclively ; and fhall in
* every fuch Parifh likevvife nominate and appoint,
* by Warrant under the Hands and Seals, one
* trufty Perfon, or more, inhabiting therein, to
' make a true Lift of all the Perfons within their
' refpeclive Parifhes, who, according to the Rules
* aforegoing, are to have Voice in the Elections ;
4 and, cxpreffing who amongft them are, by the
4 fame Rules, capable of being elected ; and fuch
4 Lift-, with the faid Warrant, to bring in and re-
* turn, at the Time and Place of Election, unto
*• the Perfon appointed in the Nature of Sheriff, as
1 aforefaid, for that Borough, City, County, or
* Divifion refpectively ; which Perfon, fo appointed
* as Sheriff, being prefent at the Time and Place
* of Election j or, in cafe of his Abfcnce, by the
* Space of one Hour after the Time limited for the
* People's Meeting, then any Perfon prefent that
* is eligible, as aforefaid, whom the People then,
' and there aflembled fhall chufe for that End» fhall
* receive and keep the faid Lifts, and admit the
c Perfons therein contained, or fo many of them as
€ are prefcnr, unto a free Vote in the faid Elec-
' tion ; and, having firft caufed this Agreement to be
4 publickly read in the Audience of the People,
c fliall proceed unto, and regulate and keep Peace
' and Older in the Elections ; snd, by Pole, or
f otherwife, Openly diftinguifh and judge of the
* fame; and thereof, by Certificate or Writing
* under the Hands and Seals of himfelf, and fix or
* more of the Electors, nominating the Perfon or
1 Perfons duly elected, fhall make a true Return
' into the Parliament Records, within one and
* twenty Days after the Election, under Pain for
* Default thereof, or, for making any falfe Return,
* to forfeit jco/. to the Public Ufe; And alfo caufe
* indentures to be made, and interchangeably feal-
* ed
of E N G LA ND. ^ 531
* fed and delivered, betwixt himfelf and fix or more An. 24. Car.
* of the faid Eleftors, on the orie Part, and the , l6*3'
* Perfons,or each Perfon, elecled feverally, on the jan(MU-y.
* other Part, exprefling their Election of him a«
' a Reprefenter of them according to this Agrje-
* ment, and his Acceptance of that Truft, and hii
* Promife accordingly to perform the fame with
' Faithfulnefsj to the beft of his Underftanding and
* Ability, for the Glory of God,i and gdod of th«
< People.
' This Gourfe is to hold for the firft Reprefen-
4 tativej which is to provide for the afcertaining
' of thefe Circumftances in order to future Repre-
* fentatives.
Fourthly, c That 150 Members at lead be always
* prefent in each Sitting of the Reprefentativej at
* the patting of any Law, or doing of any A£t
* whereby the People are to be bound ; faving,
' That the Number of 60 may make a Houfe for
* Debates or Refolutions that are preparatory there-
* unto.
Fifthly, 4 That each Reprefentative {hall, within
* twenty Days after their firft Meeting, appoint a
* Council of State for the managing of public Af-
* fairs, until the tenth Day after the Meeting of
* the next Reprefentative, unlefs that next Repre-
c fentative thinks fit to put an End to that Truft
' foonen And the fame Council to a£l and pro*
* ceed therein, according to fuch Inftru&ions and
4 Limitations as the Reprefentative (hall give, and
* not othervfife.
Sixthly, * That, in each Interval betwixt biennial
* Reprelentatives, the Council of State, in cafe of
4 imminent Danger or extreme Neceffity, may fum-
* mon a Reprefentative to be forthwith chofen, and
«• to meet; fo as the Seflion thereof continue not a-
* bove eighty Days ; and fo as it diifolve, at leaft,
4 fifty Days before the appointed Time for the next
* biennial Reprefentative; and upon the fiftieth
' Day fo proceeding it (hall diflblve of Courle, if
* not ocUerwife didoJvsd fooncr.
L J y.
*The Pdrliamtnt&ry HISTORY
Seventhly^ ' That no Member of any Reprefen-
_ * tative be made either Receiver, Treafurer, or
January. ' ot^er Officer, during that Employment, faving
* to be a Member of the Council of State.
* Eighthly^ ' That the Reprefentatives have, and
* (hall be underftood to have, the fupreme Truft
'in order to the Prefervation and Government of
* the whole ; and that their Power extend, with-
« out the Corifent or Concurrence of any other
* Perfon or Perfons, to the creeling and abolifhing
' of Courts of Juftice arid public Offices, and to the
' enacting, altering, repealing, and declaring of
* Laws, and the higheft and final Judgment, con-
* cerning all Natural or Civil Things j but not con-
* cerning Things Spiritual or Evangelical.
' Provided that, even in Things Natural and Ci-
* vil, thefe fix Particulars next following are, and
* (hall be, underftood to be excepted and referved
' from our Reprefentatives, viz.
1. * We do not impower them to imprefs or
* conftrain any Perfon to ferve in foreign War,
* either by Sea or Land, nor for any military Ser-
* vice within the Kingdom ; fave that they may
* take Order for the forming, training, and exer-
* cifing of the People in a military Way, to be in
* Readinefs for refuting of foreign Invasions, fup-
* prefiing of fudden Infurrc&ions, or for affifting in
' Execution of the Laws j and may take Order for
* the employing and conducting of them for thofe
* Ends ; provided, That, even in £uch Cafes, none
* be compellable to go out of the County he lives
4 in, if he procure another to ferve in his room.
2. ' That, after the Time herein limited for the
' Commencement of the Firft Reprefentative, none
* of the People may be at any Time queftioned
* for any Thing faid or done in relation to the late
* Wars or public Differences, otherwife than in
* Execution or Purfuance of the Determinations c f
* the prefent Houfe of Commons, againft fuch : s
' have adhered to the King, or his Intereft, againft
* Uflfe People j ar.d faving, that Accoirptants for
< public
oj ENGLAND. 533
c public Monies received, fliall remain accountable An. 24 car, f.
4 for the fame.
3. ' That no Securities given, or to be given,
* by the public Faith of the Nation, nor any En-
* gagements of the public Faith for Satisfaction of
6 Debts and Damages, {hall be made void or iij-
4 valid by the next, or any future Repreientutives. ;
' except to fuch Creditors as have, or {hall have,
* juftly forfeited the fame : And faving, That the
*. next Reprefentative may confirm or make null,
* in part or in whole, all Gifts of Lands, Monies,
4 Offices, or otherwife, made by the prefent Par-*
e liament to any Member or Attendant of either
* Houfe.
4. 4 That, in any Laws hereafter to be made,
* no Perfon, by virtue of any Tenure, Grant, Char-
* ter, Patent, Degree, or Birth, {hall be privileged
4 from Subjection thereto, or from being bound
4 thereby, as well as others.
5. * That the Reprefentative may not give Judg-
* ment upon any Man's Perfon or Eftate, where
4 no Law hath before provided ; fave only in calling
4 to Account, and punifliing public Officers for
4 abufmg or failing in their Truft,
6. 4 That no Reprefentative may in any wife
4 render up, or give or take away, any of the
* Foundations of Common Right, Liberty, an4
4 Safety contained in this Agreement j nor level
« Men's Eftates, deftroy Property, or make all
* Things common ; and that, in all Matters of
4 fuch fundamental Concernment, there (hall be 4
* Liberty to particular Members of the faid Reprc-
* fentatives to enter their Diilents from the major.
4 Vote.
Ninthly, * Concerning Religion, we agree as
4 folio wet h :
I. 4 It is intended that the Chriftian Religion
4 be held forth and recommended, as the public
4 Profeffion in this Nation, which we defire may.
4 by the Grace of God, be reformed to the greateit
4 Purity in Doctrine, Worihip, and Discipline, ac-
L 1 3 4 cording
534
An. Z4 Car. I. <
1648.
I'he Parliamentary HISTORY
cording to the Word of God ; the inftru&Ing <>
the People thereunto in a public Way, fo it be
not compulflve j as alfo the maintaining of able
Teachers for that End, and for the Confutation
or Difcovery of Herefy, Error, and whatfoever is
contrary to found Doctrine, is allowed to be pro-
vided for by our Reprefentatives ; the Mainte-
nance of which Teachers may be out of a pub-'
lie Treafury, and, we defire, not by Tithes.
Provided, That Popery or Prelacy be not held
forth as the public Way or Profeflion in this Na-
tion.
2. * That, to the public Profeflion fo held forth,
none be compelled by Penalties or otherwife ;
but only may be endeavoured to be won by found
Doctrine, and the Example of a good Converfa-
tion.
3. * That fuch as profefs Faith in God by Jefus
Chrift, however differing in Judgment from the
Doctrine, Worfllip, or Difcipline publickly held
forth, as aforefaid, fhall not be reftrained from, but
{hall be protected in, the Profeflion of their Faith,
and Excrcife of Religion, according to their Con-
fciences, ift any Place except fuch as {hall be fet
apart for the public Worfhip j where we provide
not for them, unlefs they have Leave ; fo as they
abufe not this Liberty to the civil Injury of
others, or to actual Difturbance of the public
Peace on their Parts. Neverthelefs, it is not in-
tended to be hereby provided, That this Liberty
{hall neceflarily extend to Popery or Prelacy.
4. c That all Laws, Ordinances, Statutes, and
Claufes in any Law, Statute, or Ordinance to the
contrary of the Liberty herein provided for, in
the two Particulars next preceding concerning
Religion, be, and are hereby, repealed and made
void.
TentUy^ ' It is agreed, That whofoever {hall, by
Force of Arms, refift the Orders of the next or
any future Reprefentative (except in cafe where
fuch Reprefentative {hall evidently render up or
' give,
of E N G L A N D.y;
c give, or take away the Foundations of Common
* Right, Liberty, and Safety contained in this A-
' greement] he (hall forthwith, after his or thei: fuch
' Refiftance, lofe the Benefit and Protection of the.
* Laws, and (hall be punifhable with Death, as
* an Enemy and Traitor to the Nation.
* Of the Things, exprefled in this Agreement :
* The certain Ending of this Parliament, as in the
* firft Article; the equal or proportionable Diftri-
* bution of the Number of the Reprefenters to
' be elected, as in the fecond ; the Certainty of
* the People's Meeting to elect for Reprefentatives
* biennial, and their Freedom in Elections; witii
* the Certainty of Meeting, Sitting, and Ending of
* Reprefentatives fo elected, which are provided
' for in the third Article j as alfo the Qualifications
* of Perfons to elect or be elected, as in the firft
' and fecond Particulars under the third Article ;
' alfo the Certainty of a Number for puffing a Law
* or preparatory Debates, provided for in the fourth
* Article ; the Matter of the fifth Article, concern-
* ing the Council of State; and of the Sixth, con-'
' cerning the Calling, Sitting, and Ending of Rc-
* prefentatives extraordinary ; alfo the Power of
' Reprefentatives to be, as in the eighth Article, and
' limited, as in the fix Referves next following the
' fame : Likewife the fecond and third Particulars
' under the ninth Article concerning Religion, and
* the whole Matter of the tenth Article :
* All thefe we do account and declare to be
' fundamental to our Common Right, Liberty, and
* Safety; and therefore do both agree thereunto,
* and refolve to maintain the fame, as 'God fhall
* enable us. The reft of the Matters in this Agree-
f ment, we account to be ufeful and good for the
' Public ; and the particular Circumftances of
« Numbers, Times, and Places expreffcd in the
* feveral Articles, we account not fundamental j
' but we find them neccffary to be here determined,
' for the making the Agreement certain and practi-
c fable ; and do hold thefe moll convenient that are
L 1 4 • byre
An. 24 Car. I.
1648.
January.
For which the
Houfcof Com-
mons return
Thanks to the
Parliamentary HISTORY
c here fet down ; and therefore do pofitively agre$
1 thereunto.
By the Appointment of his Excellency the Lord^
General and his General Council of Officers.
JOHN RUSHWORTH, Sec.
The Petitioners being withdrawn, the Commons
ordered the Petition, but not the Agreement, to be
read; the Reafon of which, as Mr. Whithcke in-
forms us, was on Account of the great Length of
it ; and the Houfe then rifmg at Twelve at Noon,
becaufe the Commiffioners for the King's Trial
were to fit in the Afternoon: Notwithstanding
which the Commons ordered their Speaker to re-
turn their Thanks to the Petitioners ; which he
did accordingly in the following Speech :
Gentlemen, you the Officers of the Army, fent by the
Lord-General and the Officers of the Army, until
this Houfe ^vith this Petition,
HP H E Houfe hath read your Petition ; and,
• for the Agreement, prefented therewith, the
Houfe hath commanded me to rdl ycu, They
have refolved to take the fame into their Confider-
ation, with what poffible Speed the Neceffity of
the prefent weighty and urgent Affairs will per-
mit. They have commanded me likewife to tell
you, They find thofe good Affections and ferious
Reprefentations made in your Petition, that they
have ordered it to be printed. I am likewife
commanded to tell you, That this Houfe doth
take Notice of your faithful and great Services
to the Kingdom, in ftanding in the Gap for their
Prefervation ; and commanded me to give hearty
Thanks to the Lord-General, and the Officers
of the Army, for thefe good Services, and the
good Affections, you have herein exprtiled ;
and I do, in their Name, give the hearty Thanks
of this Houfe to the Lord-General, and to you,
and the reft of the Officers of the Army, for their
good Affections, great Services, and ccidial Ex-
prefi|ons,*
In
*f E N G L A N D. 537
f n confequcnce of this Teftimony of the Com- An. 14 Car. I*
mons Approbation, the Army's Petition and the l6*s-
Agreement of the People were immediately publiihed |aaua
under Mr. Rujhworth's Dire&ion (a], to which was
annexed
A DECLARATION of bis Excellency Thomas Lord
Fairfax, and his General Council of Officers^ con-
cerning t/x Agreement by them framed in order to
Peace, and from them tendered to the People of
England.
* O-Avirrg, ever fince the End of the firft War, Who trjereu|*i
*••* longinely waited for fome fuch Settlement : pubiifn > Decl»-
* of the Peace and Government of this Nation, ""onto the N,.
«IL f^> r> • L T -i • i tion concerning
whereby the Common Rights, Liberties, and tne fcrtgoinj A-
Safety thereof, might, in future, be more hope- greemens.
" fully provided for ; and therein fomething gained,
which might be accounted to the prefent Age
and Pofterity, through the Mercy of God^ as a
Fruit of their Labours, Hazards, and Sufferings,
that have engaged in the common Caufe j as fome
* Price of the Blood fpilt, and Balance to the pub-
* lie Expence and Damage fuftained in the War,
* and as fome due Improvement of that Succefs
* and Blefling God hath pleafed to give them ; and
' having not found any fuch Eftablifhment effayed
f or endeavoured by th'ofe whofe proper Work it
' was, but the many Addrefles and Defires of our-
4 felves and others, in that Behalf, rejected, dif-
countenanced, and oppofed ; and a corrupt Clo-
' fure endeavoured with the King, on Terms fcr-
* ving only to his Intereft and theirs who promoted
' the fame ; and being thereupon, for the Avoid-
' ance of the Evil thereof, and to make Way for
' fome better Settlement, neceflitated to take extra-
« ordinary Ways of Remedy, when the ordinary
' were Denied : New to exhibit our utmoft En-
f deavours for fuch a Settlement, whereupon we,
« and
(a) Printed for Jtb* PartfiJgt, &c. In Mr.
titns there is only an imperfeft Extraft of foroe Part of the Agrtt-
m-r.t of tb* Pt'.ple-, anJ the Army's Pttiti'.n aad Dtdaratua are
wholly omitted.
5 3 5 The Parliamentary H ; s T o R Y
n. 24 Car. I. ' 2ncl other Forces, (with which the Kingdom hath
l648' j ' fo long been burtbened above Meafure, and whofe
January. * Continuance fhall not be neceflary for the im-
' mediate Safety and Quiet thereof) may, with
* Comfort to ourfelves, and Honefty towards the
e Public, difband and return to our Homes and
« Callings: And to -the end Men's Jealoufies and
' Fears may be removed concerning any Intentions
* in us to hold up ourfelves in Power, to opprefs
* or domineer over the People by the Sword j and
* that all Men may fully underftand thofe Grounds
' of Peace and Government whereupon, they may
* reft afTured, we fhall for our Parts acquiefce :
( We have fpent much Time to prepare, and
* have at laft, thrpugh the Bleffing of God, finifh-
c e'd, a Draught of fuch a Settlement, in the Nature
* of an Agreement of the Pevple for Peace amongft
* themfelves, which we have lately prefented to
' the Honourable the Commons now afTembled in
' Parliament ; and do herewith tender to the Peo-
* pie of this Nation. We fhall not otherwife com-
* mend it, than to fay, It contains the beft and moft
* hopeful Foundations for the Peace and future
' well Government of this Nation, that we can
' dcvife or think on within the Line of human
* Power; and fuch wherein all the People intereft-
* ed in this Land, that have not particular Interefts
' of Advantage and Power over others, divided
* from that which is common, and public, are in-
* differently and equally provided for ; fave where
* any have juftly forfeited their Share in that com-
* mon Intereft by oppofing it, and fo rendered them-
* felves incapable thereof, at leaft, for fome Time.
* And we call the Confciences of all that read or
' hear it to Witriefs, whether we have therein pro-.
* vided or propounded any Thing of Advantage to.
c ourfelves, in any Capacity, above others, or ought
* but what is as good for one as for another ;
* And therefore, as we doubt not but that the Par-
* liament, being now freed from the obftrudting and
* perverting Councils of fuch Members, by many
* of whom a corrupt Compliance with the King's
of E N ,G L A N D.
* Inferefl hath been driven on, and all Settlement . An. 24 Car. I>
•* otherwife hath hitherto been hindered ; thofe re- l6*8*
4 maining worthy Patriots, to whom we have pre- ""T^T"'
4 fented the Agreement^ will, for the main, allow
' thereof, and give their Seal of Approbation there-
4 to : So w,e defire and hope, That all good People
* of England^ wbofe Heart God fhall make fenfible
* of their and our common Concernment therein,
c and of the Ufefulnefs and Suitablenefs thereof to
6 the public Ends it holds forth, will cordially em-
* brace it ; and, by Subfcription, declare their Con-
4 currence and Accord thereto, when it {hall be
' tendered to them, as is directed therein \ where-
* in, if it pleafe God, we (hall find a good Recep-
4 tion of it with the People of the Nation, or the
4 Well-affected therein, we fh .11 rejoice at the
4 hop'd-for Good to the Commonwealth, which,
4 through God's Mercy, may redound therefrom ;
* and that God hath vouchfafed thereby to make
* us inftrumental for any good Settlement to thi$
4 poor diftrefled Country, as he hath formerly made
* us for the avoiding of Evil. But if God (hall,
* in his righteous Judgment toward this Land,
' fufFer the People to be fo blinded as not to fee
* their own common Good and Freedom, endea-
* voured to be provided for therein, or any to be
' fo deluded, to their own and the public Prcju-
* dice, as to make Oppofition thereto, whereby
' the Effect of it be hindered ; we have yet, by
* the Preparation and Tender of it, discharged our
' Confciences tq God, and Duty to bur native
' Country, in our utmoft Endeavours for a Settlc-
' ment, tp the beft of our Understandings, unto a
4 juft public Intereft; and hope we fhall be acquit-
* ted, before God and good Men, from the Blame
* of any further Troubles, piftra£tions, or Miferies
* to the Kingdom, which may arife through the
' Neglect or Rejection thereof, or Oppofition there-
« to.
4 And whereas there are many good Things in
* particular Matters, which our own Reafons and
6 Qbfervations, or the Petitions of others, have fu£-
* gcfted,
The Parliamentary HISTORY
' gefted, and which we hold rcquifite to be pro-
_ * vided for in their proper Time and Way ; as,
lanuar . ' ^e f"ettmg or~ moderate Fines upon fuch of the
' King's Party as fhall not be excepted from Life,
' with a certain Day for their coming in and fub-
c mitting, and an A61 of Pardon to fuch as fhall
* come in p.nd fubmit accordingly, Or have already
' compounded ; the fettling of a Revenue for all
' neceflary p^^lic Ufes, in fuch a Way as the
c People may be moft eafed ; the affigning Snd af-
' certaining good Securities for Soldiers Arrears,
e and for public Debts and Damages ; the taking
* away of Tithes, and putting that Maintenance,
* which fhall be thought competent for able Teach-
' ers to inftruffc the People, into fome other Way,
* lefs fubject to Scruple or Contention ; the clear-
* ing and perfecting of Accounts for all public
' Monies ; the relieving of Prifoners for Debt; the
' removing or reforming of other Evils or Incon-
' veniences in the prefent Laws and Adminiftra-
6 tion thereof; the Redrefs of Abufes, and fupply-
' ing of Defects therein } the putting of all the
* Laws and Proceedings thereof into the Englijh
* Tongue ; the reducing the Courie of the Law to
* more Brevity and Jefs Charge ; the fettling of
' Courts of Juftice and Record in each County, or
' lefs Divifions, of the Kingdom ; and the erecting
' Courts of Merchants for^Controvcrfies in Tra-
f ding, and the like :
* Thefe, and many other Things of like Sort,
' being of a particular Nature, and requiring very
' particular and mature Confideration, with larger
* Experience in the particular Matters than we
* have;, and much Caution, that, by taking away
* of prefent Evils, greater Inconveniences may not
* enfue for want of other Provifions in the Room
* thereof, where it is neceflary; and we, for our
* Parts, being far from any Defire or Thought
* to aflurse or exercife a Law-giving or judicial
* Power over the Kingdom, or to meddle in any
' Thing fave the fundamental Settling of that Pow-.-r
4 in the moft equal and hopeful Way for Common
' Right,
of .E N 6 L A N D. 541
' Right, Freedom, and Saftety, as in this Agree- An* 2* £"*' *'
' ment ; and not having Means or Time for fuch
' Confiderations as feem requifite in relation to
' fuch numerous Particulars, and the Neceffity of
' fome prefent general Settlement admitting of no
' Delay, we have purpofely declined the inferting
' of fuch Things into this Agreement : But, as we,
c have formerly exprefled our Defires that Way,
* fo when the Matters of public Juftice and ge-
* neral Settlement are over, we {hall not be want-
* ing, if needful, humbly to recommend fuch Par-
* ticulars to the Parliament, by whom they may
* more properly, fafely, and fatisfa&orily be pro-
* vided for ; and we doubt not but they will be
' fo, fuch of them at leaft as are of more near and
* prefent Concernment, by this Parliament, and
* the reft by future Reprefentatives in due Time.
* And thus we recommend, for the prefent, the
' Bufmefs of this Agreement, without further Ad-
* dition, to the beft Confideration 6f all indifferent
* and equal-minded Men j and commit the Iflue
* thereof, as of all our Ways and Concernments,
' to the good Pleafure of the Lord, whofe Will is
* better to us than our own, or any Inventions of
* ours ; who hath decreed and promifed better
* Things than we can wifti or imagine, and who is
* moft faithful to accomplifh them in the beft Way
' and Sieafon.
By the Appointment of bis Excellency Thomas Lerd
Fairfax, and hi$ General Council of Officers,
JOHN RUSHWORTH, Sec.
y<w. 22. The Commiflioncrs from the Eftatot
of the Parliament of Scotland^ refiding in London >
having received no Anfwer to their Letter fent to
the Speaker of the Houfe of Commons, the 6th
of this Month, on Occafion of the A& for CKYL-
ing a High Court of Juftice for the Trial of the
King ; they this Day renewed thdr Application by
the following Letter ::
54 2 TZte* Parliamentary His TOR V
An. 24. Car. I. For the Honourable WILLIAM LFNTHALL, Efq->
t •* j Speaker of the Houfe of Commons.
January. ^^ Cnent-Garden, Jan. 22, 164*.
' \\f E wcrc exceedingly furprized upon Satur-
* day in the Afternoon, when we heard his
* ^aJe% was brought before this new extraor-
c Binary Court ; and that there fhould be fuch
e Hafte and Precipitation^ hotwithftanding the Re-
1 folution taken by the Hbufe upon reading of our
4 Letter of the 6th of this Inftant, to take into
1 Confideration what we had therein preffed, as
* was fignified by you to fome of our Number :
* Wherefore we have fent you this inclofed Paper,
* to be forthwith communicated unto them ; and,
* in purfuance of the Directions which we have re-
' ceived from the Kingdom of Scotland^ we do de-
* fire that they will take effectual Courfe that we
* may have free Accefs to his Majefty this Day ;
* and afterwards, upon all Occafions, as we (hali
* think fit, without any Interruption or Moleftatum
* whatsoever j and fo we reft
Tour affetl'iQnate Friends and Servants*
LOTHIAN.
JO. CHIESLEY.
WILL. GLENDINNING.
"The PAPER indojed^ is be communicated to the Heufe
of COMMONS.
Jan. 22, 164^
* t) Y our Letter of the 6th of this Irritant, we
« JLJ reprefenled unto you what Endeavours have
' bcen uled for takins away his Maiefty's Life ; fo/
* Change of the Fundamental Government of this
* Kingdom ; and introducing a finful and ungodly
* Toleration in Matters of Religion : And therein
"• we did exprefs our fad Thoughts and great Fears
* of the dangerous Ccnfequences that might follow
* thereupon j arid, further, we did «arncftly prefs,
« that
of E N G L A N D. 543
* that there might be no Proceeding againft his An' ^* ^"f £*
' Majefty's Perfon ; which would certainly conti- ^ ^
1 nue the great Diftra&ions of thefe Kingdoms, January.
* and involve us in many Evils, Troubles, and
4 Confufions ; but that, by the free Councils of
* both Houfes of the Parliament of England, and
* with the Advice and Confent of the Parliament of
* Scotland^ fuch Courfe might be taken in relation
4 to him, as might be for the Good and Happinefs
' of thefe Kingdoms, both having an unqueftion-
* able and undeniable Intereft in his Perfon as King
* of both ; which, duly confidercd, we had Rea-
' fon to hope fhould have given a Stop to all Pro-
e ceedings a^ainft his Majefty's Perfon.
* But we underftand that, after many of the
* Members of the Houfe of Commons have been
* imprifoned and fecluded ; and alfo, without and
e againft the Confent of the Houfe of Peers, Pow«r
* is given, by a fmgle Act of yours alone, to certain
* Perfons of your own Number, of the Army, and
4 others, to proceed againft his Majefty's Perfon; in
* order whereunto he was brought, upon Saturday
4 laft in the Afternoon, before this new extraordi-
4 nary Court : Therefore we do, in the Name of the
4 Parliament of Scotland^ for their Vindication from
* falfe Afperfions and Calumnies, declare, That
* though they are not fatisfied with his Majefty's
4 Conceflions in the late Treaty at Newport in the
* ]JJe of Jfaghtt efpecially in the Matters of Reli-
* gion ; and are refolved not to crave his Majefty's
* Reftitution to his Government, before Satisfac-
4 tion be nive.n by him to his Kingdoms ; yet they
* do all unariimoufly, with one Voice (not OJMJ
* Member cxceptcd) difclaim the leaft Knowledge
* of, or Acceflion to, the late Proceedings of th«
1 Army here againft his Majefty ; and fmccrely
* profefs, that it will be a great Grief unto their
* Hearts, and lie heavy upon their Spirits, if they
4 (hall fee their Trufting of his Majefty's Perfon to
* the Honourable Houfes of the Parliament of Eng~
4 land, to be made ufe of to his Ruin j fo far coiir
4 trary tp this declared Intentions of the Kingdom of
2 * &..'-
Parliamentary HISTORY
L< Scot^attd-> and the folemn Profeffions of the King-
' dom of England.
January. ' And to the End it may be manifeft to the
' World, how much they abominate and deteft fo
c horrid a Defign againft his Majefty's Perfon, we
* do, in the Name of the Parliament and Kingdom
' of Scotland^ hereby declare their Diflent from the
* faid Proceedings, and the taking away his Ma-
' jefty's Life ; and proteft, That as they are alto-
c gether free from the fame, fo they may be free
' from all the Evils, Miferiesj ConfufionSj and
* Calamities, that may follow thereupon tii thefe
* diffracted Kingdoms.
LOTHIAN.
JO. CHIESLEV.
WILL. GLENDINNING.
The foregoing Letter and Paper, and alfo that
of the 6th, together with a Copy of the Commif-
fioners Instructions from the Eftates of Scctlandy
being read, the Houfe ordered, That they fhould
all be referred to a Committee, who were to prepare
in Anfwer thereto, and to confider of fit Perfons to
be fent to the Parliament [cf Scotland. Thefe Pa-
pers were alfo prefented to the Lord-General.
The High Court of Juftice now fitting, in t)ie
ad Diem, nothing pafled in the Houfe of Com-
mons worth Notice ; moft of the Days the Houfe
met-, and did only adjourn to the next, till
The Cofmnons Jan, 37. When an Aa was pafled for fettling
cPhanag"ng the the Proceedings in the Courts of Juftice ; and that,
Style of all pub- in all Writs, Patents, CommiflionSj Indictments,
Jic Proceedings ^ prOcefs and Proceedings in the feveral Courts of
Stme'SSof8 Juftice, inftead of the "King's Name, ufed hereto-
thc Parliament, fore, the Style (hould be changed into Authoritate
Parliament! Anglla: ; and, inftead of the Peace of
the King, it {hould be the Public Peace. Alfo
another Act, prohibiting Sheriffs, or any other Of-
ficer or Perfon foever, from prefuming to proclaim
any Perfon as King, without the free Confent of
* the
tf
ENGLAND.
the People in Parliament, fignified by an Aft or An. *4 car. j.
Ordinance for that Pufpofe. '648.
Ordered, « That the Clerk of the High CourtV ~j;.a
of Juftice be required forthwith to bring into this
Houfc the Record of the Judgment, this Day, given
againft the King.' Adjourned to Monday,
'Jan. 29. When all the Members were enjoined
by the Speaker to attend at Eight o'C!ock that
Morning: Being met accordingly, a Letter from Tj:e^ntcJl f*m*
the Lord Joacbimi and the Lord Paw, AmtwfffcA^ioTto*
dors of the States General of the United Provinces, ^h t-Wcs, f«r
directed to the Speaker, was read, with a Letter f£"ln,8 lh~
of Credence from the fame. After which it was '
refolved that thefe Ambafiadors ihould have Audi-
ence in the Houfe at Three that Afternoon ; when,
being admitted with much Ceremony, the Lord
Paw (g] read out of a Paper, in French , the Defires
of their Matters, and then withdrew.
The fame Day their Excellencies wrote a Let-
ter to the Earl of Denbigh, Speaker of the Houfe
of Lords, defiring an immediate Audience con-
cerning a Bufinefs very important to the Good of
the Kingdom of England and the States General.
Hereupon their Lordfliips, in regard of the Am-
bafladors great Importunity, (as it is term'd in the
^Journals) ordered S^ir Oliver Fleming, Maftcr of
the Ceremonies, to introduce them : This being
done accordingly, they delivered their Letters of
Credence, and having fpoke what they had in
Commiflion, were defired to withdraw into the
Lord- Keeper's Lodgings. After fome Debars they
were re-admitted, and received the following eva-
five Anfwer from the Speaker, 4 That the Lords
* in Parliament had commanded hi;r., in their
* Names, to congratulate their Excel icncics fafc
* Coming into England; and that their Loidlhips
* do put a great Eltecm upon the Minifters and
* Ambafiadors which come from that State, efpe-
VOL. XVIII. M m « cially
(g) Lord CUrfnJan gives a very particular Account of the Motive*
aad other Circumftances of thii EmbalJV.
Wfory, Vol. V. p. 241.
January.
ViJ Dr <7
4th Vol. p.
ffhe Parliamentary HISTORY
daily upon their Excellencies Perfons ; and to
aflure them, that what they have or (hall reprefent
^rom l^at State, {hall be refpe&fully received ;
and defired they would deliver what they jiow
faid, by Word of Mouth, in Writing ; that fo
their Lordfhips may the better confider of it.'
And then they were conducted back by the Matter
of the Ceremonies. What thefe Ambsfiadors were
li^ru<^et^ to °^er' 's not entere(l m t^e Journals
°f Cither Houfe : But it appears, by thole of the
Comsnons, that their Errand was to intercede with
the Parliament to fpare the King's Life : For we
are there told that,
The next Day, 'Jan. 30, a Report being made
of what the Dutch Ambalfadors had delivered, a
Committee was appointed to draw up Reafons, as
the Senfe of the Houfe, to be given to them, why
the Commons did not think fit to ftay the Proceed-
ings of the High Court of Juftice.
His Majefty be- In the Afternoon of this Day, the fatal Blow
headed. being ftruck, the Commons met again; when the
firft Thing they went upon was to read a third
Time, and pafs, an A<£t for prohibiting the pro-
claiming of any Perfon to be King of England ^
Ireland, or the Dominions thereof; which was
ordeu'd to be forthwith printed and puBlifhed, and
alfo to be immediately proclaimed, with Sound of
Trumpet, in Chsapfids, the Old Exchange, and
iJ/tjlininfter ; the Lord-General Fairfax, or any
Other General Officer of the Army, to take Care
to have the fame cone accordingly. The Houfe
allb ordered the common Poft to be flopp'd till
Letters were prepared to be fent lo the fevtral She-
riffs i;i England and IV ale 3 ^ to publifh and proclaim,
in their different Counties r.nd Diftri&s, the faid
A6t, which was in beec Ferba :
The Commons
pafs an Aft
s ' \T7Herras Charles Stuart, King of England,
a- « \\ being, for the notorious Treafons, Ty-
rannies» a^ Murders committed by him in the
late unnatural and cruel Wars, condemned to
* Death j
of E N G L A N D. 547
Death ; whereupon, after Execution of the fame, Inter r^nu
* feveral Pretences may be made, and Title fet on I^i*8'
4 Foot, unto the Kingly Office, to the apparent j»nuarv-.
4 Hazard of the Public Peace ; for Prevention
* thereof, be it Enacted and Ordain'd by this pre-
4 fent Parliament, and by the Authority of the
* fame, That no Perfons whatfoever do prefume
4 to proclaim, declare, publifh, or any way pro*-
4 mote Charles Stuart, (Son of the fa id Charles)
4 commonly call'd the Prince of Wales, or any other
4 Perfon, to be King or Chief Magiftrate of Eng-
4 land, or Ireland, or any the Dominions bc-long-
* ing to them, or either of them, by Colour of In-
* heritance, Succeffion, Election, or any other
' Claim whatfoever, without the free Confent of
' the People in Parliament firft had, and fortified
4 by a particular Act or Ordinance for that Purpofe ;
4 any Statute, Law, Ufage, or Cuftoin, to the con-
4 trary hereof in any wife notwithftanding.
4 And it is hereby further Enacted and Ordain'd,
* That whofoever (hall, contrary to this Act, pro-
* claim, declare, publ:fh, or any way promote,
* the faid Charles Stuart the Son, or any other Per-
4 fon, to be King, or Chief Magiftrate, of Enr-
4 land, or Ireland, or any the Dominions belonging
4 to them, or either of them, without the faid Con-
4 fent in Parliament fignified as aforefaid, he ihall
4 be deem'd and adjudged a Traitor to the Com-
* mon wealth, and (hall fuffer Pains of Death, and
4 fuch other Puniftiments as belong to the Crime
* of High Treafon. And all Officers, as .well
4 Civil as Military, and all other well-affecttd Per-
4 fons, are hereby authorized and required forth -
4 with to apprehend all fuch Offenders, and to
4 bring them in fafe Cuftody to the next Jufticc
4 of the Peace, that they may be proceeded againft
4 accordingly.'
The fame Day the Commons ordered their three
Votes, pafled on the 4-th of this Month, declaring
iheir own Supremacy, to be printed and publilhed.
M m 2 From
The Parliamentary HISTORY
From the i8th to the 30th of this Month, the
Koufe of Lords met, from Day to Day, but did
Februar nothing material, feldom more than five or fix of
them being prefent : And, as they had hitherto
continued to a£t in their judicial Capacity, they
read a Petition or two on private Affairs ; and then
ordered, That all the Lords in Town (hould be
fummoned, as well as all the Judges, to attend
their Houfe on Thurfday, February j, to which
Time they adjourned.
And appoint a Jan. 31. Commiflary-General Jreton reported
committee con- to the Houfe of Commons a Paper of divers Par-
KiTg"? Body!ateticulars touching the late King's Body, his George
Seal?, Papers, and Garter, his Diamond and two Seals. After
*c- Debate the Queftion being, feparately, put, Whe-
ther to fend thefe Things to Charles Stuart, (Son
to the late King) commonly call'd Prince of
Wales ? it was carried in the Negative as to all of
them. Then a Committee was appointed, con-
, lifting of Col. Harrifon, Sir John Danvers, Sir
Michael Live fey, Mr. Scot, Lord Grey, Mr. Hol-
land, Mr. Allen, Mr. Edwards, -Mr. Oldfivorth,
Mr. Trenchard, Mr. Pine, Mr. Love, Col. Fleet-
wood, or any three of them, to confider of the fore-
going Particulars concerning the King's Body ;
alfo to perufe the Papers of the late King, and to
make Report to the Houfe what was fit to be done
therein.
Ordered, alfo, That the Lord Grey {hould have
ico/. paid to him out of Haberda/hers-Hall, to
be difpofed of for the Service of the Common-
wealth, as he Jball. think fit. This fecret Way of
difpofing of the Public Money, never obferved in
the Journals before, makes it feem very probable
it was given as a Gratuity to the Executioner that
perform'd the bloody Office on the King.
February i. The Houfe of Lords met again,
purfuant to Adjournment ; when it was moved to
take into Confideration the Settlement of the Go-
vernment
of ENGLAND. 549
vernment of England and Ireland, in this prcfrnt Interne'
Conjuncture of Affairs on the King's Death. A, l648'
Committee of nine Lords were appointed to join
with a proportionable Number of Commons, and
the following Meffa^e was fent down to that Houfe,Th- Lord, pro-
fc That the Lords had thought fit to name a Com Pffc a Joint
mittee of nine of their Houfe, in this Coniunclure^^'^Jet!0
of Time, to join with a proportionable Numbering the Go-
of the Houfe of Commons, to meet the next Morn- vernmcnt*
Ing at nine o'Clock, in the Lord-Keeper's Lodg-
ings, if it may ftand with their Conveniency ; and
fo, from Time and Place, to adjourn as they £iail
fee fitting, to confider of the Settlement of the
Government of England and Ireland \ to defire the
Concurrence of the Houfe of Commons therein ;
and that they would give the like Power to their
Commiflioners, and afterwards report the Refults
of their Confultations to their refpe£tive Houfes/
In this Committee appointed by the Lords, thprc
are only the Names of the Earls of Northumberland
and Kent entered for that Purpofe: But a Memo-
randum is put in the Margin, that the Earls of Sa~
lijbury and Nottingham, and the Lord Montague
were named of it, though not prefent. However,
the Lords might have laved themfelves all this
Trouble, as will appear very fhortly.
The fame Day one of the fccluded Members
coming into the Houfe of Commons, they imme-
diately made an Order, That all thofe who hadrefo've°t""0«nii
concurred in the Vote of the 5th of December hft, fuch of their
* That the King's Conceflions were a Ground for^^tf"^°'
4 fettling the Peace of the Nation,' fhould be dif-^ith°trhe K/nff
abled from fitting for the future ; that fuch as then be no more
oppofed the fame, and were now prefont, mould Slim'tud<
enter their Diflents ; and that thofe who were ab-
fent (hould do the fame previous to their being al«
lowed to take their Seats in that Home. In con-
fequence of this Order (which is erafe j out of iii«
Original Journals, by the Authority SlrcaJy men-
tioned) the following Members, fome D ivs after,
entered their Diflents, viz. Col. */*//» j
Member for Shaftefbury ; Mr. Edward Afic, for
M in 3 /A if/bury ;
The Parliamentary HISTORY
Heitjbury ; Mr. William Armyn, for Cumberland ;
Nicholas Gould, for Fovuey ; Mr. "John djhe,
li eft bury ; Mr. George Tbomfon, for South-
i-:ark ; Sir William Brereton, for Chejhire ; Sir
William Mafoam, for £$?# ; and were re-admitted
into the Houfe.
Feb. 2. The Mefiengers the Lords fent, the Day
be/ore, to the Houfe of Commons, acquainted
their Lordfliips, this Day, that they went to that
Houfe and waited long, but were not admitted.
On which the Lords ordered, That they fhould
go again, and defire that the Committees of both
Houics might meet the next Morning, at the fame
PJour as before appointed.
The fame Day the Speaker of the Houfe of
Lords acquainted them, that he had received a
Letter that Morning from the Earl of Northumber-
land* with a P^per inclofed of very great Con-
cernment; but, for the prefent, the Houfe order-
ed, That the P^per fhouid be kept, fub Sigillo, by
the Speaker, It is probable this was to give ihe
Lords Notice of their approaching Diffolution,
for this Day the Commons refolved to take into
Confideration, and to debate, the Jurifdi£tion of
the Hcufe of Lords ; and that it fhould be the firft
Bufmefs the next Morning.
. fr°m Feb. 3. Notwithfl-anding the former Order, the
to'the Hou"Sof Commons did not come to any Refolution con-
eoimnons, de- cerrijig the Houfe of Lords this Day ; all that was
daring an Ap. done, any wife material, was to read a Petition
from the County of Hereford, as they had others^
from different Counties, the preceding Days;
which Petitions were in 'the Nature of Addrefies,
on their new aflumed Power. On the prefenting
of one from Knit, the Bearers of it told the
Houfe, vivd Vcce, at the J3ar, * That what,
ic had pleafed God, had been done fince the
fubfcribing of their Petition, the Petitioners could
not u>ke Notice of in it ; but that the Peti-
fefolvcd, in what the Commons bad lately
adcd,
of ENGLAND. 551
to ftick to them with thc'ir Lives and For- :ht«
tunes, — So many of thefe Petitions came up
continually, that the Cou.mons appointed a Com-
mittee to receive them, and report their Contents
to the Houie.
The fame Day the Houfe of' Lords met.; and, The Anfwrr,
mil, ordered the Earl of Denbigh^ their Speaker siven b? *•
that Day, to go to the Ambafladurs of the Stetes^*^ Am.*1*
General of the United Provinces, to congratulateb»fladort.
their fafe Arrival, and to excufe the Houfe for not
fending fooner ; for which the great Alterations, that
had lately happened in this Kingdom, might a fiord
a fufficient Apology : To acquaint them alfo, Tlut
as to what was reprefented by them, in relation
to his late Majefty, at their laft Audience, God ha-
ving Jince difpofed of him, it would now bc'unne-
ceflary to give any further Anfwer, than what may
concern the Continuance and Increafe of all fair
Correfpondence between this Kingdom and the
States General : And, laftly, That the Lords
would moft readily embrace all Occafions that
might further the Union of this Kingdom and that
State, in a perpetual Tie of common Intereft and
Friendmip.
The Lords being informed that their Mcflen-
gers to the Houfe of Commons were not yet ad-
mitted, expreflcd not the leaft Refentment at this
Contempt ; and only ordered them to go again as
this Day, being Saturday, and defire the Commit-
tees, for fettling the Government, might meet on
the Monday Morning next at nine o'Clock. But,
On that Day, Feb. 5, the Lords ftill found there
was no Admittance, either for their McflVngers or
their MeiFage ; upon which it. was once more or-
dered to fend another Meflage for a Meeting the
next Morning \ only the MeiiL-ngcrs were charfged.
The Commons did nothing material this Daj
ncilhcr, but read and agreed to the tallowing An-
fwer,
552 The Parliamentary HISTORY
fwer, to the Paper delivered to that Houfe, by the
Ambafladors of the Staffs General, on the zgth of
February. laft Month :
And that of the * \\7 ^ ^ Commons of England* afTembled in
Coacaaon?. ' Parliament, upon due and ferious Confi-
< deration of your Lordfhips Addrefs, made to this
* Houfe the 2Qth of January laft, and your Papers
' prefented the 3Oth of the fame Month, do, in
* the firft Place, return our many and hearty
'Thanks unto the High and Mighty Lords the
' States General of the United Provinces, for their
' fundry good Defires, friendly Acknowledgments,
' Well wifhes, and fair Refpe&s to the Parliament*
' and People of England^ in thofe Papers contain'd ;
* earneilly defiring, on our Parts, a firm and durable
' Continuation of the ancient Amity and Alliance
* formerly made, and often renewed, betwixt both
* thefe Nations ; whereunto we hold ourfelves cbli-
* ged, as having well weighed and obferved, that
* no Leagues or Confederacies have at any Time
* been made upon Foundations of more joint and
* common Intereft, in every Refpeft, than thofe of
* the People of England with the Netherlands : And
* therefore it is our moft earneft Dofire,- .that a firm
* Peace, right Underftanding, and good Correfpon-
* dency, may be inviolably maintain'd betwixt both
* Nations for the prefent, and moft exactly obferved
' for the future.
* And whereas your Lordfhips, in the Name of
' the States General^ do gravely advife us, concern-
' ing the Perfon of the King (who was then in Part,
* and hath fince been more fully, proceeded againft,
* according to Juftice, in a Court eftablifhed by
* the Supreme Authority of this Nation, for his
' tranfcendent Offences, and thofe . not committed
6 in a Corner) : We are confident, that both the
*'High arid Mighty Lords the States General of the
' United Provinces^ and all other States and Princes,
* who have taken Notice of our late Affairs, will
* find Caufe to believe, that nothing hath been
* done therein, but what is agreeable to public Ji>
of ENGLAND. 553
ftice, and the Fundamentals cf this Nation ; Inter
which certainly muft needs be better known to us,
than to any other People or Nation in the World.
And we mall defire your Loruftiips would from
us afTure the High and Mighty Lords the States
General, that we (hall be ever ready, not only to
hear, but to contribute with them, all aood Means
and Offices, to fulfil fuch Works Was (hall be
neceflary for the general Good of Chriftendam* as
well as for our own.'
After which the Matter of the Ceremonies was
ordered to wait upon their Excellencies, to know
their Pleafure what Day they would appoint to re-
ceive this Anfwer from the Houfe.
• Feb. 6. The grand Debate concerning the
Peerage was re fumed in the Houfe of Commons ;
when the QuefHcn being propofed, * That this
Houfe fhall take the Advice of the Houfe of Peers,
in the Exercife of the Legislative Power, in pur-
fuance of the Voles of the 4th of 'January laft,'
it was carried in the Negative by 44 agamft 29.
The Tellers, on this moft remarkable Occafion,
were, Lord Grey of Grooby\ and Mr. Henry Mar-
ten, for the Teas : Col. Perfoy and Col. Sy<k>i/ximt
for the Noes.
Then it was refolved, without Divifion, ' ^^2t\v}io nfohe thtt
the Houfe of Peers in Parliament is ufelefs and the Houfe ot
dangerous, and ousht to be abolished ; and that Peors **
an Aft be brought In to that Purpofe :' The Ca«Ji
of which, in a Committee, was efpecially recom-brought in for
mended to Mr. mitlockc (k}. The lame Commit-*1*" 1>urP°fci
tee were ordered to confider, how fuch Perfons,
as have been committed by the Houfe of Peer*
alone, may be difcharged ; how the Subjects may
have Liberty to proceed again ft the Perfons or
Eftates of Peers, and their Servants, for their juft-
Debts ;
(a] Mr. Tf1it!o;lc writes, ' That it WM put upon him to draw up
this Adt tor taking sw.y the Houfc of
have been cxcufed.ii ro^ard he -*as not iijthc Hci
paffed, and had declared his Opiuicp againfl if j but he cruiti not gtt
ixcuicd,
TJje Parliamentary HISTORY
Debts ; and, how far the Peers may be made ca-
pable to elect, or be elected, as Knights or Bur-
February. gcfl"es j a"d alfo to review a former Ordinance of
the Houfe of Commons for making the K dates of
their Members liable to Payment of their Debts ;
to propound a Remedy where it is defective ; and
to render it effectual as to them and their Servants.
It was ordered likewife, That the Committee to
whom the Care of the Records of the Houfe of
Commons is committed, do take into Confideratioa
the fecuring and preferving thofe of the Lords.
Whilft the Commons were thus pafiing Sentence
againft the Lords, they were fitting in their own
Houfe ; but did nothing more, after Prayers, than
difpofe of a Rectory (/') ; and then adjourned to Ten
the next Morning, being the yth of February^ 1648,
as it is entered in their Journals : — But it proved an
Adjournment ad longitm Diem, for they never met
again till the Reftoration of Monarchy, once more,
eftablifhed the Peers of this Realm in their ancient
Seats and Privileges.
Alfo mother for Fd>. 7. The Commons, having crufhed the
the abolishing of Houfe of Lords the Day before, now fell upon the
Monarchy. Office of Kingjblpy as it is ftyled in their Journals ;
and after Debate it was refolved, * That it hath been
found by Experience, and this Houfe doth declare,
That the Office of a King in this Nation, and to
have the Power thereof in any fingle Perfon, is
unneceflary, burthenfome, and dangerous to the
Liberty, Safety, and public Intereft of the People
of this Nation ; and therefore ought to be abolifh-
ed.' — An Act was ordered to be brought in, to this
Purpofe, by the fame Committee who were to
bring in the other for taking away the Houfe of
Lords.
They likewife It was a^fo ordered c That there be a Council
refolve to ere£t a of State erected, to act and proceed according to
Council of State. fuch
' '(«) The Lords put down to attend the Houfe this Day, were the
Earl of Dtr.higb, as Speaker, with the Earls of Krrt, Saliflttry,
Ncttingbam, and Ptmbr'.kt ; to which hft is added an &c. hy v.lvth
may fuppufs the.s wtre feme more Lcrds prefenr, though not
of ENGLAND.
fuch InftrucYions as (hall be given to them by the
Houfe of Commons.' A Committee, confiding
of Mr. John Lijle, Mr. Cornelius Holland, Mr.
Thomas Scott , Col. Edmund Ludhiv, and Mr. Luke
Robinfon, were appointed to prepare and prcfent
to the Houfe thefe Inftru&ions for the Council of
State ; arid like wife the Names of fuch Perfons as
they conceived fit to be of this Council, not ex-
ceeding forty.
Having thus brought our Hiftory to the Behead-
ing of the King, the Diuolution of the Houfe of
Lords, the Abolifhing of Monarchy, and the Com-
mons affuming to thcmfelves the Supreme Autho-
rity of the Nation, we fhall conclude this Volume
with a fummary Review of the moft remarkable
Tranfa&ions of the laft three Months :
When the Commiflioners appointed by Parlia-
ment to attend the King in the Ifle of Wight, had
made their final Report of the Treaty, the Houfe
of Lords unanimoufly refolved, on the 5th of De-
cember, That the King's Anfwers to the Propofi-
tions of Peace were a Ground for a future Settle-
ment: And,
When the fame Queftion was propofed in the
Houfe of Commons, there were prefent about 300
Members ; and although many of thefe, by Age
and Infirmities, being unable to bear the Fatigue
of attending the whole Day and Night through,
left the Houfe ; yet above 200 ftaid to the End of
the Debate, when the Commons pafs'd the fame
Vote as the Lords had done before, by a Majority
of above three to two.
In confequence of this Vote for Peace, the next
Day, Dec. 6, forty-feven Members were fcized on
and imprifoned by a Detachment from the Army ;
ninety-fix more were perfonally denied Entrance,
by the fame lawlefs Power, the following Days ; and
many others thereby frightcn'd away. The Houfe
being thus garbled, there were no more than 78
Members prefent on the 7th of December, when
the Queftion was carried for proceeding upon the
Army'i
55^ 3%e Parliamentary HISTORY
Inter-regn»m. Army's Propofals ; and, of thefe, 28 voted for the
1648 ' t Negative, and came no more to the Houfe.
February. From that Period, and during the whole Pro-
cefs againft the King, though there are many Divi-
fions fet down in the Journals, yet there is not an
Jnftance in which the Number of Members pre-
feht exceeded 53 : And they were once fo reduced,
That the Speaker lent to Col. Pride^ to bring in one
of the Imprifon'd Members to make up a Houfe,
there not being 40 then prefent (a). The Ordi-
nance, pafs'd by this Jundto, for bringing the King
to a Trial, was unanimoufly rejected by the Houfe
of Lords ; and, in the Lift of thofe Commoners
who fat in Judgment upon him, there is not the
Name of one fingle Gentleman, who made any
conliderable Figure in the Beginning of this Par-
liament.
From thefe indifputable Fadls it appears, That
thofe great and able Members, who firft engaged
on Behalf of the Liberties of the People againft the
Encroachments of the Prerogative, meant no more
than To oblige the King to rule according to Law ;
not to bring him to the Scaffold: And that Monarchy
and the Peerage were not dejlroyed^ till the Liberties
of Parliament had been firft fubverted by an Army
of their own raijing.
(a] This Circumftance (which we give upon the Authority of Mcr-
ctiriut Pragmaticui, No, 39.) is confirmed by the following Paflage in
Lord Holies' s Speech to Colonel Axtell, when upon his Trial as a
Regicide, Off. 15, 1660: « When both Houfes had refelved, That
' the King's Conceflions were a fufficient Ground to proceed on for
' the Settlement of Peace, then did you fall upon the Houfes, and
' tear them in Pieces } and, throwing out above 200, fuffered only
* about 40 to remain j and thefe were glad to fend (or one Member
c out of Prifon to make up a Houfe.*
State Trials, Vol.ll. p. 377, Third Edition.
The E N D of the EIGHTEENTH VOLUME.
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