The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface to the Second Edition
• Introduction
• I.: To the Meeting of the Third Parliament of Charles I. [—— 1628.]
• II.: From the Meeting of the Third Parliament of Charles I to the Meeting of the Long Parliament. [1628-1640.]
• III.: From the Meeting of the Long Parliament to the Outbreak of the Civil War. [1640-1642.]
• IV.: From the Outbreak of the Civil War to the Execution of the King. [1642-1649.]
• V.: The Commonwealth and Protectorate. [1649—1660.]
• Part I: From the Accession of Charles I to the Meeting of the Third Parliament of His Reign.
• 1.: Speech of Sir Nathaniel Rich, Proposing Terms On Which the House of Commons May Be Prepared to Grant Supply.
• 2.: Protestation of the Commons.
• 3.: Documents Relating to the Impeachment of the Duke of Buckingham.
• 4.: The Restraint of the Earls of Arundel and Bristol.
• 5.: The King’s Letter and Instructions For the Collection of a Free Gift.
• 6.: Commission For Raising Tonnage and Poundage With Impositions.
• 7.: The Commission and Instructions For Raising the Forced Loan In Middlesex.
• 8.: The Case of the Five Knights, Before the Court of King’s Bench.
• Part II: From the Meeting of the Third Parliament of Charles I. To the Meeting of the Long Parliament.
• 9.: Notes of a Bill Brought In By Sir Edward Coke to Secure the Liberties of the Subject.
• 10.: The Petition of Right.
• 11.: The Remonstrance Against Tonnage and Poundage.
• 12.: The King’s Speech At the Prorogation of Parliament At the End of the Session of 1628.
• 13.: The King’s Declaration Prefixed to the Articles of Religion.
• 14.: Resolutions On Religion Drawn By a Sub-committee of the House of Commons.
• 15.: Protestation of the House of Commons.
• 16.: The King’s Declaration Showing the Causes of the Late Dissolution.
• 17.: The Declaration of Sports 1 .
• 18.: Act of the Privy Council On the Position of the Communion Table At St. Gregory’s.
• 19.: Specimen of the First Writ of Ship-money.
• 20.: The King’s Case Laid Before the Judges, With Their Answer 2 .
• 21.: Extracts From the Speech of Oliver St. John In the Ship-money Case.
• 22.: Extracts From the Argument of Sir Robert Berkeley, Justice of the King’s Bench.
• 23.: The Scottish National Covenant.
• 24.: Petition of Twelve Peers For the Summoning of a New Parliament.
• 25.: The King’s Writ Summoning the Great Council.
• Part III: From the Meeting of the Long Parliament to the Outbreak of the Civil War.
• 26.: The Root and Branch Petition.
• 27.: The Triennial Act.
• 28.: The Protestation.
• 29.: The Act For the Attainder of the Earl of Strafford.
• 30.: The Act Against Dissolving the Long Parliament Without Its Own Consent.
• 31.: The Tonnage and Poundage Act.
• 32.: The Ten Propositions.
• 33.: Bill On Church Reform Bead Twice In the House of Lords 1 .
• 34.: The Act For the Abolition of the Court of Star Chamber.
• 35.: The Act For the Abolition of the Court of High Commission.
• 36.: Act Declaring the Illegality of Ship-money.
• 37.: Act For the Limitation of Forests.
• 38.: Act Prohibiting the Exaction of Knighthood Fines.
• 39.: Resolutions of the House of Commons On Ecclesiastical Innovations.
• 40.: Order of the House of Lords On the Services of the Church.
• 41.: Extract From the Instructions to the Committee In Scotland, Proposed By the House of Commons.
• 42.: The King’s Speech to the Recorder of the City of London.
• 43.: The Grand Remonstrance, With the Petition Accompanying It.
• 44.: The King’s Proclamation On Religion.
• 45.: The King’s Answer to the Petition Accompanying the Grand Remonstrance.
• 46.: The Impeachment of One Member of the House of Lords, and of Five Members of the House of Commons.
• 47.: A Declaration of the House of Commons Touching a Late Breach of Their Privileges.
• 48.: The Clerical Disabilities Act.
• 49.: The Impressment Act.
• 50.: The Militia Ordinance.
• 51.: The Declaration of the Houses On Church Reform.
• 52.: The King’s Proclamation Condemning the Militia Ordinance.
• 53.: The Nineteen Propositions Sent By the Two Houses of Parliament to the King At York.
• 54.: Declaration of the Houses In Defence of the Militia Ordinance.
• 55.: The King’s Letter Sent With the Commissions of Array to Leicestershire.
• 56.: The Votes of the Houses For Raising an Army.
• Part IV: From the Outbreak of the Civil War to the Execution of the King.
• 57.: The Propositions Presented to the King At the Treaty of Oxford.
• 58.: The Solemn League and Covenant.
• 60.: The Ordinance Appointing the Second Committee of Both Kingdoms.
• 61.: The Propositions of the Houses Presented to the King At Oxford, and Subsequently Discussed At the Treaty of Uxbridge.
• 62.: The King’s Propositions to Be Discussed At Uxbridge.
• 63.: The Self-denying Ordinance.
• 64.: The Negative Oath.
• 65.: Order of the Two Houses For Taking Away the Court of Wards.
• 66.: The Propositions of the Houses Sent to the King At Newcastle.
• 67.: The King’s First Answer to the Propositions Presented At Newcastle.
• 68.: The King’s Second Answer to the Propositions Presented At Newcastle.
• 69.: Suggested Answer to the Propositions Drawn Up For the King By the Leading Presbyterians and a Small Number of the Independents, and Forwarded By the French Ambassador to Cardinal Mazarin to Be Laid Before Queen Henrietta Maria.
• 70.: The King’s Third Answer to the Propositions Presented At Newcastle.
• 71.: The Heads of the Proposals Offered By the Army.
• 72.: The King’s Answer to the Propositions of Parliament.
• 73.: Letter of Charles I to the Speaker of the House of Lords.
• 74.: The Agreement of the People, As Presented to the Council of the Army.
• 75.: The Four Bills, With the Propositions Accompanying Them.
• 76.: The Engagement Between the King and the Scots.
• 77.: Additional Articles of the Engagement.
• 78.: The King’s Reply to the Four Bills and the Accompanying Propositions.
• 79.: The Vote of No Addresses.
• 80.: The Act 1 Erecting a High Court of Justice For the King’s Trial.
• 81.: The Agreement of the People.
• 82.: The Charge Against the King.
• 83.: The King’s Reasons For Declining the Jurisdiction of the High Court of Justice.
• 84.: The Sentence of the High Court of Justice Upon the King.
• 85.: The Death Warrant of Charles I.
• Part V: The Commonwealth and Protectorate
• 86.: Act Appointing a Council of State.
• 87.: Engagement Taken By the Members of the Council of State.
• 88.: The Act Abolishing the Office of King.
• 89.: An Act Abolishing the House of Lords.
• 90.: An Act Declaring England to Be a Commonwealth.
• 91.: An Act Declaring What Offences Shall Be Adjudged Treason.
• 92.: Engagement to Be Taken By All Men of the Age of Eighteen.
• 93.: Act Repealing Several Clauses In Statutes Imposing Penalties For Not Coming to Church.
• 94.: Act For the Settlement of Ireland.
• 95.: Declaration By the Lord General and the Council On the Dissolution of the Long Parliament.
• 96.: Summons to a Member of the So-called Barebones Parliament.
• 97.: The Instrument of Government.
• 98.: An Ordinance By the Protector For the Union of England and Scotland.
• 99.: An Ordinance By the Protector For Elections In Scotland.
• 100.: An Ordinance By the Protector For Elections In Ireland.
• 101.: The Constitutional Bill of the First Parliament of the Protectorate.
• 102.: The Humble Petition and Advice.
• 103.: The Additional Petition and Advice.
• 104.: The Writ Summoning Richard Cromwell to the House of Lords of the Protectorate.
• 105.: The Declaration of Breda.
• Appendix: the Navigation Act.

PART IV

FROM THE OUTBREAK OF THE CIVIL WAR TO THE EXECUTION OF THE KING.

57.

The Propositions presented to the King at the Treaty of Oxford.

We your Majesty’s most humble and faithful subjects, the Lords and Commons in Parliament assembled, having in our thoughts the glory of God, your Majesty’s honour and the prosperity of your people, and being most grievously afflicted with the pressing miseries and calamities which have overwhelmed your two kingdoms of England and Ireland since your Majesty hath, by the persuasion of evil counsellors, withdrawn yourself from the Parliament, raised an army against it, and by force thereof protected delinquents from the justice of it, constraining us to take arms for the defence of our religion, laws, liberties, privileges of Parliament, and for the sitting of the Parliament in safety, which fears and dangers are continued and increased by the raising, drawing together, and arming of great numbers of Papists, under the command of the Earl of Newcastle, likewise by making Lord Herbert of Raglan, and other known papists, commanders of great forces, whereby many grievous oppressions, rapines and cruelties have been, and are daily exercised upon the persons and estates of your people, much innocent blood hath been spilt, and the Papists have attained means of attempting and hopes of effecting their mischievous design of rooting out the reformed religion, and destroying the professors thereof:—in the tender sense and compassion of these evils, under which your people and kingdom lie (according to the duty which we owe to God, your Majesty, and the kingdom, for which we are intrusted), do most earnestly desire that an end may be put to these great distempers and distractions, for the preventing of that desolation which doth threaten all your Majesty’s dominions. And as we have rendered, and still are ready to render unto your Majesty that subjection, obedience and service which we owe unto you, so we most humbly beseech your Majesty to remove the cause of this war, and to vouchsafe us that peace and protection which we and our ancestors have formerly enjoyed under your Majesty, and your royal predecessors, and graciously to accept and grant these most humble desires and propositions.

I. That your Majesty will be pleased to disband your armies, as we likewise shall be ready to disband all those forces which we have raised; and that you will be pleased to return to your Parliament.

II. That you will leave delinquents to a legal trial and judgment of Parliament.

III. That the Papists not only be disbanded, but disarmed according to law.

IV. That your Majesty will be pleased to give your royal assent unto the Bill for taking away superstitious innovations: to the Bill for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans, Sub-deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chanters, Chancellors, Treasurers, Sub-treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral or Collegiate Church, and all other their under officers out of the Church of England: to the Bill against scandalous ministers: to the Bill against pluralities: and to the Bill for consultation to be had with godly, religious, and learned divines: that your Majesty will be pleased to promise to pass such other good Bills for settling of Church government, as upon consultation with the assembly of the said divines shall be resolved on by both Houses of Parliament, and by them be presented to your Majesty.

V. That your Majesty, having expressed in your answer to the Nineteen Propositions of both Houses of Parliament, a hearty affection and intention for the rooting out of Popery out of this kingdom; and that if both the Houses of Parliament can yet find a more effectual course to disable Jesuits, priests, and Popish recusants from disturbing the State or deluding the laws, that you would willingly give your consent unto it; that you would be graciously pleased, for the better discovery and speedier conviction of recusants, that an oath may be established by Act of Parliament to be administered in such manner as by both Houses shall be agreed on; wherein they shall abjure and renounce the Pope’s supremacy, the doctrine of transubstantiation, purgatory, worshipping of the consecrated host, crucifixes and images; and the refusing the said oath, being tendered in such manner as shall be appointed by Act of Parliament, shall be a sufficient conviction in law of recusancy. And that your Majesty will be graciously pleased to give your royal assent unto a Bill for the education of the children of Papists, by Protestants in the Protestant religion: that for the more effectual execution of the laws against the Popish recusants, your Majesty would be pleased to consent to a Bill for the true levying of the penalties against them, and that the same penalty may be levied and disposed of in such manner as both Houses of Parliament shall agree on, so as your Majesty be at no loss: and likewise to a Bill whereby the practice of Papists against the State may be prevented, and the laws against them duly executed.

VI. That the Earl of Bristol may be removed from your Majesty’s counsels, and that both he and the Lord Herbert, eldest son to the Earl of Worcester1 , may likewise be restrained from coming within the verge of the Court, and that they may not bear any office, or have any employments concerning the State or commonwealth.

VII. That your Majesty will be graciously pleased by Act of Parliament to settle the militia both by sea and land, and for the forts and ports of the kingdom, in such a manner as shall be agreed on by both Houses.

VIII. That your Majesty will be pleased by your Letters Patent to make Sir John Brampston Chief Justice of your Court of King’s Bench, William Lenthall, Esq., the now Speaker of the Commons’ House, Master of the Rolls, and to continue the Lord Chief Justice Bankes Chief Justice of the Court of Common Pleas, and likewise to make Mr. Serjeant Wilde Chief Baron of your Court of Exchequer. And that Mr. Justice Bacon may be continued, and Mr. Serjeant Rolle and Mr. Serjeant Atkins made Justices of the King’s Bench. That Mr. Justice Reeves and Mr. Justice Foster may be continued, and Mr. Serjeant Pheasant made one of your Justices of your Court of Common Pleas; that Mr. Serjeant Creswell, Mr. Samuel Browne, and Mr. John Puleston, may be Barons of the Exchequer; and that all these, and all the Judges of the same Courts, for the time to come, may hold their places by Letters Patent under the Great Seal, Quam diu se bene gesserint, and that the several persons not before named, that do hold any of these places before mentioned, may be removed.

IX. That all such persons as have been put out of the Commissions of Peace, or oyer and terminer, or from being custodes rotulorum, since the first day of April 1642 (other than such as were put out by desire of both, or either of the Houses of Parliament), may again be put into those commissions and offices; and that such persons may be put out of those commissions and offices, as shall be excepted against by both Houses of Parliament.

X. That your Majesty will be pleased to pass the Bill now presented to your Majesty to vindicate and secure the privileges of Parliament from the ill consequence of the late precedent in the charge and proceeding against the Lord Kimbolton, now Earl of Manchester, and the five members of the House of Commons.

XI. That your Majesty’s royal assent may be given unto such Acts as shall be advised by both Houses of Parliament, for the satisfying and paying the debts and damages wherein the two Houses of Parliament have engaged the public faith of the kingdom.

XII. That your Majesty will be pleased, according to a gracious answer heretofore received from you, to enter into a more strict alliance with the States of the United Provinces, and other neighbouring princes and States of the Protestant religion, for the defence and maintenance thereof against all designs and attempts of the Popish and Jesuitical faction, to subvert and suppress it, whereby your subjects may hope to be free from the mischiefs which this kingdom hath endured through the power which some of that party have had in your counsels, and will be much encouraged in a parliamentary way for your aid and assistance in restoring your royal sister and the prince elector to those dignities and dominions which belong unto them, and relieving the other distressed Protestant princes who have suffered in the same cause.

XIII. That in the general pardon which your Majesty hath been pleased to offer to your subjects, all offences and misdemeauours committed before the 10th of January, 16411 , which have been, or shall be questioned or proceeded against in Parliament, upon complaint in the House of Commons before the 10th of January, 16432 , shall be excepted; which offences and misdemeanours shall nevertheless be taken and adjudged to be fully discharged against all other inferior Courts. That likewise there shall be an exception of offences committed by any person or persons, which hath or have had any hand or practice in the rebellion of Ireland, which hath or have given any counsel, assistance or encouragement to the rebels there for the maintenance of that rebellion, as likewise an exception of William, Earl of Newcastle, and George, Lord Digby.

XIV. That your Majesty will be pleased to restore such members of either House of Parliament to their several places of services and employment, out of which they have been put since the beginning of this Parliament; that they may receive satisfaction and reparation for those places, and for the profits which they have lost by such removals, upon the petition of both Houses of Parliament; and that all others may be restored to their offices and employments, who have been put out of the same upon any displeasure conceived against them for any assistance given to both Houses of Parliament, or obeying their commands, or forbearing to leave their attendance upon the Parliament without licence, or for any other occasion arising from these unhappy differences between your Majesty and both Houses of Parliament, upon the like petition of both Houses.

These things being granted and performed, as it hath always been our hearty prayer, so shall we be enabled to make it our hopeful endeavour that your Majesty and your people may enjoy the blessings of peace, truth and justice; the royalty and greatness of your throne may be supported by the loyal and bountiful affections of your people; their liberties and privileges maintained by your Majesty’s protection and justice; and this public honour and happiness of your Majesty and all your dominions communicated to other Churches and States of your alliance, and derived to your royal posterity and the future generations in this kingdom for ever.

58.

The Solemn League and Covenant.

We noblemen, barons, knights, gentlemen, citizens, burgesses, ministers of the Gospel, and commons of all sorts in the kingdoms of England, Scotland and Ireland, by the providence of God living under one King, and being of one reformed religion; having before our eyes the glory of God, and the advancement of the kingdom of our Lord and Saviour Jesus Christ, the honour and happiness of the King’s Majesty and his posterity, and the true public liberty, safety and peace of the kingdoms, wherein every one’s private condition is included; and calling to mind the treacherous and bloody plots, conspiracies, attempts and practices of the enemies of God against the true religion and professors thereof in all places, especially in these three kingdoms, ever since the reformation of religion; and how much their rage, power and presumption are of late, and at this time increased and exercised, whereof the deplorable estate of the Church and kingdom of Ireland, the distressed estate of the Church and kingdom of England, and the dangerous estate of the Church and kingdom of Scotland, are present and public testimonies: we have (now at last) after other means of supplication, remonstrance, protestations and sufferings, for the preservation of ourselves and our religion from utter ruin and destruction, according to the commendable practice of these kingdoms in former times, and the example of God’s people in other nations, after mature deliberation, resolved and determined to enter into a mutual and solemn league and covenant, wherein we all subscribe, and each one of us for himself, with our hands lifted up to the most high God, do swear,

I.

That we shall sincerely, really and constantly, through the grace of God, endeavour in our several places and callings, the preservation of the reformed religion in the Church of Scotland, in doctrine, worship, discipline and government, against our common enemies; the reformation of religion in the kingdoms of England and Ireland, in doctrine, worship, discipline and government, according to the Word of God, and the example of the best reformed Churches; and we shall endeavour to bring the Churches of God in the three kingdoms to the nearest conjunction and uniformity in religion, confession of faith, form of Church government, directory for worship and catechising, that we, and our posterity after us, may, as brethren, live in faith and love, and the Lord may delight to dwell in the midst of us.

II.

That we shall in like manner, without respect of persons, endeavour the extirpation of Popery, prelacy (that is, Church government by Archbishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Archdeacons, and all other ecclesiastical officers depending on that hierarchy), superstition, heresy, schism, profaneness, and whatsoever shall be found to be contrary to sound doctrine and the power of godliness, lest we partake in other men’s sins, and thereby be in danger to receive of their plagues; and that the Lord may be one, and His name one in the three kingdoms.

III.

We shall with the same sincerity, reality and constancy, in our several vocations, endeavour with our estates and lives mutually to preserve the rights and privileges of the Parliaments, and the liberties of the kingdoms, and to preserve and defend the King’s Majesty’s person and authority, in the preservation and defence of the true religion and liberties of the kingdoms, that the world may bear witness with our consciences of our loyalty, and that we have no thoughts or intentions to diminish His Majesty’s just power and greatness.

IV.

We shall also with all faithfulness endeavour the discovery of all such as have been or shall be incendiaries, malignants or evil instruments, by hindering the reformation of religion, dividing the King from his people, or one of the kingdoms from another, or making any faction or parties amongst the people, contrary to the league and covenant, that they may be brought to public trial and receive condign punishment, as the degree of their offences shall require or deserve, or the supreme judicatories of both kingdoms respectively, or others having power from them for that effect, shall judge convenient.

V.

And whereas the happiness of a blessed peace between these kingdoms, denied in former times to our progenitors, is by the good providence of God granted to us, and hath been lately concluded and settled by both Parliaments: we shall each one of us, according to our places and interest, endeavour that they may remain conjoined in a firm peace and union to all posterity, and that justice may be done upon the wilful opposers thereof, in manner expressed in the precedent articles.

VI.

We shall also, according to our places and callings, in this common cause of religion, liberty and peace of the kingdom, assist and defend all those that enter into this league and covenant, in the maintaining and pursuing thereof; and shall not suffer ourselves, directly or indirectly, by whatsoever combination, persuasion or terror, to be divided and withdrawn from this blessed union and conjunction, whether to make defection to the contrary part, or give ourselves to a detestable indifferency or neutrality in this cause, which so much concerneth the glory of God, the good of the kingdoms, and the honour of the King; but shall all the days of our lives zealously and constantly continue therein, against all opposition, and promote the same according to our power, against all lets and impediments whatsoever; and what we are not able ourselves to suppress or overcome we shall reveal and make known, that it may be timely prevented or removed: all which we shall do as in the sight of God.

And because these kingdoms are guilty of many sins and provocations against God, and His Son Jesus Christ, as is too manifest by our present distresses and dangers, the fruits thereof: we profess and declare, before God and the world, our unfeigned desire to be humbled for our own sins, and for the sins of these kingdoms; especially that we have not as we ought valued the inestimable benefit of the Gospel; that we have not laboured for the purity and power thereof; and that we have not endeavoured to receive Christ in our hearts, nor to walk worthy of Him in our lives, which are the causes of other sins and transgressions so much abounding amongst us; and our true and unfeigned purpose, desire and endeavour, for ourselves and all others under our power and charge, both in public and in private, in all duties we owe to God and man, to amend our lives, and each one to go before another in the example of a real reformation, that the Lord may turn away His wrath and heavy indignation, and establish these Churches and kingdoms in truth and peace. And this covenant we make in the presence of Almighty God, the Searcher of all hearts, with a true intention to perform the same, as we shall answer at that Great Day when the secrets of all hearts shall be disclosed: most humbly beseeching the Lord to strengthen us by His Holy Spirit for this end, and to bless our desires and proceedings with such success as may be a deliverance and safety to His people, and encouragement to the Christian Churches groaning under or in danger of the yoke of Antichristian tyranny, to join in the same or like association and covenant, to the glory of God, the enlargement of the kingdom of Jesus Christ, and the peace and tranquillity of Christian kingdoms and commonwealths.

59.

The Ordinance appointing the First Committee of both Kingdoms.

Whereas, by the covenant and treaty ratified and established between the two kingdoms, both nations are engaged in one common cause against the enemies of their religion and liberties, and, by the late entrance of the Scottish forces into this kingdom in pursuance hereof, are firmly united in a joint posture of arms for their own necessary defence, and for the attaining of the ends expressed in the covenant and treaty.

And whereas both kingdoms have thought it necessary that they should be joined in their counsels as well as in their forces, and, in pursuance thereof, the Convention of the Estates of Scotland have appointed Committees, residing in Scotland and in the Scottish Army, and have sent some of the said Committees1 as Commissioners for the purposes aforesaid, to repair unto and to reside near the Parliament, who, since their arrival, have presented their commission and powers, with their earnest desire that the Parliament would lay down some speedy and constant way of communicating the desires and joining the counsels of both kingdoms, in pursuance of the covenant, treaty and common interest of His Majesty’s dominions.

In consideration hereof, the Lords and Commons do nominate, ordain and appoint Algernon Earl of Northumberland, Robert Earl of Essex (Lord General), Robert Earl of Warwick (Lord Admiral), Edward Earl of Manchester, William Viscount Say and Sele, Philip Lord Wharton, John Lord Robarts, William Pierpoint, Sir Henry Vane (senior), Sir Philip Stapleton, Sir William Waller, Sir Gilbert Gerrard, Sir William Armyne, Sir Artbur Haslerigg, Sir Henry Vane (junior), John Crewe, Robert Wallop, Oliver St. John (Solicitor-General), Oliver Cromwell, Samuel Browne and John Glynn (Recorder), or any six of them, whereof one Lord and two Commoners, to treat with the Committees and Commissioners appointed by our brethren of Scotland, in such things as shall by them be propounded from and in the name of the kingdom of Scotland, for the ends aforesaid; as likewise to propound to the Committees and Commissioners of Scotland whatever they shall receive in charge from both Houses, and, from time to time, to advise and consult concerning the same, and report the results to both Houses.

And further power and authority is hereby given to them, or any six of them, whereof one Lord and two Commoners as a joint Committee with the Committee and Commissioners of Scotland, to advise, consult, order and direct, concerning the carrying on and managing of the war for the best advantage of the three kingdoms, and the keeping a good intelligence between the three kingdoms, their forces, committees and counsels; and likewise with power to hold good correspondence and intelligence with foreign States; and further to advise and consult of all things in pursuance of the ends in the late covenant and treaty.

Provided always, that nothing in this Ordinance shall authorise the Committee hereby appointed to advise, treat or consult concerning any cessation of arms or making peace, without express directions from both Houses of Parliament.

And lastly, the said Committee are to observe such orders and directions as they, from time to time, shall receive from both Houses of Parliament; provided also, that this Ordinance shall continue for three months and no longer.

60.

The Ordinance appointing the Second Committee of both Kingdoms.

Whereas by the covenant and treaty ratified and established between the two kingdoms, both nations are engaged in one common cause against the enemies of the religion and liberties; and by the late entrance of the Scottish forces into this kingdom, in pursuance hereof, are firmly united in a joint posture of arms for their own necessary defence, and for maintaining of the ends expressed in the covenant; and forasmuch as nothing can be more advantageous and conducible to the purpose aforesaid than that the conduct of the affairs of both kingdoms, in prosecution of the ends before mentioned, be managed by the joint advice and direction of both nations or their Committees authorised in that behalf; that is, not only the counsels, resolutions and forces of both kingdoms may be to the utmost improved to the common good, and a right intelligence and firmer unity held and preserved between and within themselves, but also a good correspondency may be set on foot and maintained abraod with other States in a joint way, to countermine the wicked confederacies and designs of the Popish and Anti-christian faction in all parts against the true Protestant reformed religion, and the welfare of His Majesty’s three kingdoms: and whereas the Convention of the Estates of Scotland have appointed Committees residing in Scotland and in the Scottish army, and have sent some of the said Committees as Commissioners for the purposes aforesaid, to repair unto and reside near the two Houses, whereof some are already in the city: in consideration hereof the Lords and Commons assembled in Parliament, do nominate, ordain and appoint Algernon Earl of Northumberland, Robert Earl of Essex (Lord General), Robert Earl of Warwick (Lord Admiral), Edward Earl of Manchester, William Viscount Say and Sele, Philip Lord Wharton, John Lord Robarts, William Pierpoint, Sir Henry Vane (senior), Sir Philip Stapilton, Sir William Waller, Sir Gilbert Gerard, Sir William Armyn, Sir Arthur Haslilrig, Sir Henry Vane (junior), John Crew, Robert Wallop, Oliver St. John (Solicitor-General), Oliver Cromwell, Samuel Browne, John Glyn (Recorder), or any three of them (whereof a member of each House to be present), to treat with the Committees and Commissioners appointed by our brethren of Scotland, in such things as shall by them be propounded from and in the name of the kingdom of Scotland for the ends aforesaid: and, from time to time, to advise and consult with them concerning the same: and do further give power unto the members of both Houses above-named, and unto John Earl of Loudoun (Lord High Chancellor of Scotland), John Lord Maitland, Sir Archibald Johnston of Warriston, and Mr. Robert Barclay, or any seven of them (whereof a member of each House is to be present), as a Committee to order and direct whatsoever doth or may concern the managing of the war, keeping good intelligence between the forces of the three kingdoms, and whatsoever may concern the peace of His Majesty’s dominions, and all other things in pursuance of the ends expressed in the said Covenant and Treaty: and the Committee of both Houses are to observe such orders as they shall, from time to time, receive from both Houses.

61.

The Propositions of the Houses presented to the King at Oxford, and subsequently discussed at the Treaty of Uxbridge.

1. That by Act of Parliament in each kingdom respectively, all oaths, declarations and proclamations against both or either of the Houses of Parliament of England, and the late Convention of Estates in Scotland, or Committees flowing from the Parliament or Convention in Scotland, or their Ordinances and proceedings, or against any for adhering unto them; and all indictments, outlawries and attainders against any for the said causes, be declared null, suppressed and forbidden; and that this be publicly intimated in all parish churches within His Majesty’s dominions, and all other places needful.

2. That His Majesty, according to the laudable example of his royal father of happy memory, may be pleased to swear and sign the late solemn League and Covenant; and that an Act of Parliament be passed in both kingdoms respectively, for enjoining the taking thereof by all the subjects of the three kingdoms, and the Ordinances concerning the manner of taking the same in both kingdoms be confirmed by Acts of Parliament respectively, with such penalties as, by mutual advice of both kingdoms, shall be agreed upon.

3. That the Bill be passed for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans and Sub-Deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chanters, Chancellors, Treasurers, Sub-Treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral 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 Ireland, with such alterations concerning the estates of Prelates, as shall agree with the articles of the late Treaty of the date at Edinburgh, 29 of November, 1643, and joint Declaration of both kingdoms.

4. That the Ordinance concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.

5. The reformation of religion, according to the Covenant, be settled by Act of Parliament, in such manner as both Houses shall agree upon after consultation had with the Assembly of Divines; and for as much as both kingdoms are mutually obliged, by the same Covenant, to endeavour the nearest conjunction and uniformity in matters of religion, that such unity and uniformity in religion, according to the Covenant, as after consultation had with the Divines of both kingdoms, now assembled, shall be jointly agreed upon by both Houses of the Parliament of England, and by the Church and kingdom of Scotland, be confirmed by Acts of Parliament of both kingdoms respectively.

6. That for the more effectual disabling Jesuits, Priests, Papists and Popish recusants from disturbing the State and deluding the laws, and for the better discovering and speedy conviction of recusants, an oath be established by Act of Parliament, to be administered by them, wherein they shall abjure and renounce the Pope’s supremacy, the doctrine of transubstantiation, purgatory, worshipping of the consecrated host, crucifixes and images, and all other Popish superstitions and errors: and refusing the said oath, being tendered in such manner as shall be appointed by the said Act, to be sufficient conviction in law of recusancy.

7. An Act of Parliament for education of the children of Papists by Protestants, in the Protestant religion.

8. An Act for the true levying of the penalties against them, which penalties to be levied and disposed in such manner as both Houses shall agree on, wherein to be provided that His Majesty shall have no loss.

9. That an Act be passed in Parliament, whereby the practices of Papists against the State may be prevented, and the laws against them duly executed, and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this kingdom.

10. The like for the kingdom of Scotland, concerning the four last preceding propositions, in such manner as the Estates of Parliament there shall think fit.

11. That the King do give his royal assent,

To an Act for the due observation of the Lord’s Day;

And to the Bill for the suppression of innovations in churches and chapels, in and about the worship of God, and for the better advancement of the preaching of God’s Holy Word in all parts of this kingdom;

And to the Bill against the enjoying of pluralities of benefices by spiritual persons, and non-residency;

And to an Act to be framed and agreed upon by both Houses of Parliament, for the reforming and regulating of both Universities, of the Colleges of Westminster, Winchester and Eton;

And to an Act in like manner to be agreed upon for the suppressing of interludes and stage plays: this Act to be perpetual;

And to an Act for the taking the accounts of the kingdom;

And to an Act to be made for relief of sick and maimed soldiers, and of poor widows and children of soldiers;

And to such Act or Acts for raising of moneys for the payment and satisfying of the public debts and damages of the kingdom, and other public uses as shall hereafter be agreed on by both Houses of Parliament;

And to an Act or Acts of Parliament for taking away the Court of Wards and Liveries, and all Wardships, Liveries, primer seisins, and ouster les mains, and all other charges incident or arising for or by reason of Wardship, Livery, primer seisin or ouster les mains;

And for the taking away of all tenures by homage, and all fines, licences, seizures and pardons for alienation, and all other charges incident thereunto, and for turning of all tenures by knight service, either of His Majesty or others, or by knight service or socage in capite of His Majesty, into free and common socage: and that His Majesty will please to accept, in recompense thereof, £100,000 per annum;

And give assurance of his consenting in the Parliament of Scotland to an Act ratifying the Acts of Convention of the Estates of Scotland, called by the Council and Conservatory of Peace and the Commissioners for common burdens, and assembled the 22nd day of June, 1643, and several times continued since in such manner, and with such additions and other Acts as the Estates convened in this present Parliament shall think convenient1 .

12. That an Act be passed in the Parliaments of both kingdoms respectively for confirmation of the treaties passed betwixt the two kingdoms, viz. the large treaty2 , the late treaty for the coming of the Scots army into England and the settling of the garrison of Berwick of the 29th of November, 1643; the treaty concerning Ireland of the 6th of August, 1642; with all other ordinances and proceedings passed betwixt the two kingdoms in pursuance of the said treaties.

133 . That an Act of Parliament be passed to make void the cessation of Ireland, and all treaties with the rebels without consent of both Houses of Parliament, and to settle the prosecution of the war in Ireland in both Houses of Parliament, to be managed by the joint advice of both kingdoms, and the King to assist and to do no act to discountenance or molest them therein.

14. That an Act be passed in the Parliaments of both kingdoms respectively for establishing the joint declaration of both kingdoms, bearing date the 30th of January, 1643, in England, and 1644 in Scotland, with the qualifications ensuing:—

5. That the persons who shall expect no pardon be only these following: Rupert and Maurice, Count Palatines of the Rhine, James Earl of Derby, John Earl of Bristol, William Earl of Newcastle, Francis Lord Cottington, John Lord Paulet, George Lord Digby, Edward Lord Lyttelton, William Laud, Archbishop of Canterbury, Matthew Wren, Bishop of Ely, Sir Robert Heath, Knight, Doctor Bramhall, Bishop of Derry, Sir John Byron, Knight, Sir William Widdrington, Colonel George Goring, Henry Jermyn, Esq., Sir Ralph Hopton, Sir Francis Doddington, Mr. Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale, Sir John Hotham, Captain John Hotham his son, Sir Henry Vaughan, Sir Francis Windebank, Sir Richard Grenvile, Mr. Edward Hyde, Sir John Marley, Sir Nicholas Cole, Sir Thomas Riddell, junior, Colonel Ward, Sir John Strangways, Sir John Culpepper, Sir Richard Lloyd, John Bodvile, Esq., Mr. David Jenkins, Sir George Strode, Sir Alexander Carew, Marquis of Huntly, Earl of Montrose, Earl of Nithsdale, Earl of Traquair, Earl of Carnwath, Viscount of Aboyne, Lord Ogilvy, Lord Reay, Lord Harris, Ludovic Lindsay, sometime Earl of Crawford, Patrick Ruthven, sometime Earl of Forth, James King, sometime Lord Eythin, Irvine younger of Drum, Gordon younger of Gight, Leslie of Auchintoul, Sir Robert Spottiswood of Dunipace, Colonel John Cochrane, Mr. John Maxwell, sometime pretended Bishop of Ross, Mr. Walter Balcanquhal, and all such others, as being processed by the Estates for treason, shall be condemned before the Act of oblivion be passed.

ii. All Papists and Popish recusants who have been, now are, or shall be actually in arms, or voluntarily assisting against the Parliaments or Estates of either kingdom.

iii. All persons who have had any hand in the plotting, designing or assisting the rebellion in Ireland.

iv. That Humphrey Bennet, Esq., Sir Edward Ford, Sir John Penruddock, Sir George Vaughan, Sir John Weld, Sir Robert Lee, Sir John Pate, John Acland, Edmund Windham, Esquires, Sir John Fizherbert, Sir Edward Laurence, Sir Ralph Dutton, Henry Lingen, Esq., Sir William Russell of Worcestershire, Thomas Lee of Adlington, Esq., Sir John Girlington, Sir Paul Neale, Sir William Thorold, Sir Edward Hussey, Sir Tho. Liddell, senior, Sir Philip Musgrave, Sir John Digby of Nottingham, Sir Henry Fletcher, Sir Richard Minshull, Lawrence Halstead, John Denham, Esquires, Sir Edmund Fortescue, Peter St. Hill, Esq., Sir Thomas Tildesley, Sir Henry Griffith, Michael Wharton, Esq., Sir Henry Spiller, Sir George Benion, Sir Edward Nicholas, Sir Edward Walgrave, Sir Edward Bishop, Sir Robert Ouseley, Sir John Mandy, Lord Cholmley, Sir Thomas Aston, Sir Lewis Dives, Sir Peter Osborne, Samuel Thornton, Esq., Sir John Lucas, John Blaney, Esq., Sir Thomas Chedle, Sir Nicholas Kemish, and Hugh Lloyd, Esq., and all such of the Scottish nation as have concurred in the votes at Oxford against the kingdom of Scotland and their proceedings, or have sworn or subscribed the Declaration against the Convention and Covenant; and all such as have assisted the rebellion in the North, or the invasion in the South of the said kingdom of Scotland, or the late invasion made there by the Irish and their adherents; and that the members of either House of Parliament, who have not only deserted the Parliament, but have also been voted by both kingdoms traitors, may be removed from His Majesty’s counsels, and be restrained from coming within the verge of the Court; and that they may not without the advice and consent of both kingdoms, bear any office or have any employment concerning the State or Commonwealth; and also, that the members of either House of Parliament who have deserted the Parliament and adhered to the enemies thereof, and not rendered themselves before the last of October, 1644, may be removed from His Majesty’s counsels, and be restrained from coming within the verge of the Court, and that they may not, without the advice and consent of both Houses of Parliament, bear any office or have any employment concerning the State or Commonwealth; and in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon by His Majesty, and their estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament in Scotland respectively, shall think fit.

v. That by Act of Parliament all Judges and officers towards the law common or civil, who have deserted the Parliament and adhered to the enemies thereof, be made incapable of any place of judicature or office, towards the law common or civil: and that all Serjeants, Counsellors and Attorneys, Doctors, Advocates and Proctors of the law common or civil, who have deserted the Parliament and adhered to the enemies thereof, be made incapable of any practice in the law common or civil, either in public or in private: and that they, and likewise all Bishops, Clergymen, and other ecclesiastical persons, who have deserted the Parliament and adhered to the enemies thereof, shall not be capable of any preferment or employment, either in Church or Commonwealth, without the advice and consent of both Houses of Parliament.

vi. The persons of all others to be free of all personal censure, notwithstanding any act or thing done in or concerning this war, they taking the Covenant.

vii. The estates of those persons, excepted in the first three preceding qualifications, to pay public debts and damages.

viii. A third part in full value of the estates of the persons made incapable of any employment as aforesaid, to be employed for the payment of the public debts and damages, according to the Declaration.

ix. And likewise a tenth part of the estates of all other delinquents within the joint Declarations; and in case the estates and proportions aforementioned shall not suffice for the payment of the public engagement, whereunto they are only to be employed, that then a new proportion may be appointed by the joint advice of both kingdoms, providing it exceed not the one moiety of the estates of the persons made incapable as aforesaid, and that it exceed not a sixth part of the estate of the other delinquents.

x. That the persons and estates of all common soldiers, and others of the kingdom of England, who in lands or goods be not worth £200 sterling; and the persons and estates of all common soldiers, and others of the kingdom of Scotland, who in lands or goods be not worth £100 sterling, be at liberty and discharged.

xi. That an Act be passed whereby the debts of the kingdom, and the persons of delinquents, and the value of their estates may be known; and which Act shall appoint in what manner the confiscations and proportions before mentioned may be levied and applied to the discharge of the said engagements.

15. That by Act of Parliament the subjects of the kingdom of England may be appointed to be armed, trained and disciplined in such manner as both Houses shall think fit, the like for the kingdom of Scotland, in such manner as the Estates of Parliament there shall think fit.

16. That an Act of Parliament be passed for the settling of the admiralty and forces at sea, and for the raising of such moneys for maintenance of the said forces and of the navy, as both Houses of Parliament shall think fit; the like for the kingdom of Scotland, in such manner as the Estates of Parliament there shall think fit.

17. An Act for the settling of all forces both by sea and land, in Commissioners to be nominated by both Houses of Parliament, of persons of known integrity, and such as both kingdoms may confide in for their faithfulness to religion and peace of the kingdoms NA of the House of Peers, and NA of the House of Commons, who shall be removed or altered from time to time as both Houses shall think fit; and when any shall die, others to be nominated in their places by the said Houses; which Commissioners shall have power,

(i) To suppress any forces raised without authority of both Houses of Parliament, or in the intervals of Parliaments, without consent of the said Commissioners, to the disturbance of the public peace of the kingdoms, and to suppress any foreign forces that shall invade this kingdom; and that it shall be high treason in any who shall levy any force without such authority or consent, to the disturbance of the public peace of the kingdoms, any commission under the Great Seal or warrant to the contrary notwithstanding, and they to be incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of Parliament shall think fit.

(ii) To preserve the peace now to be settled, and to prevent all disturbance of the public peace that may arise by occasion of the late troubles: so for the kingdom of Scotland.

(iii) To have power to send part of themselves, so as they exceed not a third part or be not under the number of NA to reside in the kingdom of Scotland, to assist and vote as single persons with the Commissioners of Scotland in those matters wherein the kingdom of Scotland is only concerned: so for the kingdom of Scotland.

(iv) That the Commissioners of both kingdoms may meet as a joint Committee, as they shall see cause, or send part of themselves as aforesaid, to do as followeth:

(i) To preserve the peace between the kingdoms and the King, and every one of them.

(ii) To prevent the violation of the Articles of Peace, as aforesaid, or any troubles arising in the kingdoms by breach of the said articles, and to hear and determine all differences that may occasion the same according to the Treaty, and to do further according as they shall respectively receive instructions from both Houses of Parliament of England, or the Estates of the Parliament in Scotland, and in the intervals of Parliaments from the Commissioners for the preservation of the public peace.

(iii) To raise and join the forces of both kingdoms to resist all foreign invasion, and to suppress any forces raised within any of the kingdoms, to the disturbance of the public peace of the kingdoms, by any authority under the Great Seal, or other warrant whatsoever, without consent of both Houses of Parliament in England, and the Estates of the Parliament in Scotland, or the said Commissioners of that kingdom whereof they are subjects; and that in those cases of joint concernment to both kingdoms, the Commissioners to be directed to be all there, or such part as aforesaid, to act and direct as joint Commissioners of both kingdoms.

(iv) To order the war of Ireland according to the Ordinance of the 11th of April, and to order the militia to conserve the peace of the kingdom of Ireland.

18. That His Majesty give his assent to what the two kingdoms shall agree upon, in prosecution of the articles of the large Treaty, which are not yet finished.

19. That by Act of Parliament all Peers made since the day that Edward Lord Lyttelton, then Lord Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament, being the 21st day of May, 1642, and who shall be hereafter made, shall not sit or vote in the Parliament of England, without consent of both Houses of Parliament; and that all honour and title conferred on any without consent of both Houses of Parliament since the 20th day of May, 1642, being the day that both Houses declared that the King, seduced by evil counsel, intended to raise war against the Parliament, be declared null and void. The like for the kingdom of Scotland, those being excepted whose patents were passed the Great Seal before the 4th of June, 1644.

20. That by Act of Parliament the Deputy or Chief Governor, or other Governors of Ireland, be nominated by both Houses of Parliament, or in the intervals of Parliament by the Commissioners, to continue during the pleasure of the said Houses, or in the intervals of Parliament during the pleasure of the aforementioned Commissioners, to be approved or disallowed by both Houses at their next sitting. And that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seal or Treasury, Lord Warden of the Cinque Ports, Chancellors of the Exchequer and Duchy, Secretary of State, Judges of both Benches, and of the Exchequer of the kingdoms of England and Ireland, be nominated by both Houses of Parliament, to continue quam diu se bene gesserint, and in the intervals of Parliament by the aforementioned Commissioners, to be approved or disallowed by both Houses at their next sitting; the like for the kingdom of Scotland, adding the Justice General, and in such manner as the Estates in Parliament there shall think fit.

21. That by Act of Parliament the education of your Majesty’s children, and the children of your heirs and successors, be in the true Protestant religion, and that their tutors and governors be of known integrity, and be chosen by the Parliaments of both kingdoms, or in the intervals of Parliaments, by the aforenamed Commissioners, to be approved or disallowed by both Parliaments at their next sitting. And that if they be male, they be married to such only as are of the true Protestant religion, if they be females, they may not be married but with the advice and consent of both Parliaments, or in the intervals of Parliament, of their Commissioners.

22. That your Majesty will give your royal assent to such ways and means as the Parliaments of both kingdoms shall think fitting for the uniting of the Protestant princes, and for the entire restitution and re-establishment of Charles Lodowick, Prince Elector Palatine, his heirs and successors, to his electoral dignity, rights and dominions, provided that this extend not to Prince Rupert or Prince Maurice, or the children of either of them, who have been the instruments of so much bloodshed and mischief against both kingdoms.

23. That by Act of Parliament the concluding of peace or war with foreign Princes and States, be with advice and consent of both Parliaments, or in the intervals of Parliaments, by their Commissioners.

24. That an Act of Oblivion be passed in the Parliaments of both kingdoms respectively, relative to the qualifications in the propositions aforesaid, concerning the joint Declaration of both kingdoms, with the exception of all murderers, thieves, and other offenders not having relation to the war.

25. That the members of both Houses of Parliament, or others, who have during this Parliament been put out of any place or office, pension or benefit, for adhering to the Parliament, may either be restored thereunto or otherwise have recompense for the same, upon the humble desire of both Houses of Parliament. The like for the kingdom of Scotland.

26. That the armies may be disbanded at such time and in such manner as shall be agreed upon by the Parliaments of both kingdoms, or such as shall be authorised by them to that effect.

27. That an Act be passed for the granting and confirming of the charters, customs, liberties and franchises of the City of London, notwithstanding any nonuser, misuser, or abuser. That the militia of the City of London may be in the ordering and government of the Lord Mayor, Aldermen, and Commons in Common Council assembled, or such as they shall from time to time appoint, whereof the Lord Mayor and Sheriffs for the time being to be there. And that the militia of the parishes without London, and the liberties within the weekly bills of mortality, may be under command of the Lord Mayor, Aldermen, and Commons in Common Council of the said City, to be ordered in such manner as shall be agreed on and appointed by both Houses of Parliament.

That the Tower of London may be in the government of the City of London, and the chief officer and governor thereof from time to time be nominated and removable by the Common Council.

That the citizens or forces of London shall not be drawn out of the City into any other parts of the kingdom without their own consent, and that the drawing of their forces into other parts of the kingdom in these distracted times may not be drawn into example for the future.

And for prevention of inconveniences, which may happen by the long intermission of Common Councils, it is desired that there be an Act that all Bye-laws and Ordinances already made or hereafter to be made by the Lord Mayor, Aldermen, and Commons in Common Council assembled, touching the calling, continuing, directing and regulating of the same, shall be as effectual in law to all intents and purposes, as if the same were particularly enacted by the authority of Parliament. And that the Lord Mayor, Aldermen, and Commons in Common Council may add to or repeal the said Ordinances from time to time as they shall see cause.

That such other propositions as shall be made for the City for their further safety, welfare and government, and shall be approved of by both Houses of Parliament, may be granted and confirmed by Act of Parliament.

62.

The King’s Propositions to be discussed at Uxbridge.

1. That His Majesty’s own revenue, magazines, towns, forts and ships, which have been taken or kept from him by force, be forthwith restored unto him.

2. That whatsoever hath been done or published contrary to the known laws of the land, or derogatory to His Majesty’s legal and known power and rights, be renounced and recalled; that no seed may remain for the like to spring out of for the future.

3. That whatsoever illegal power hath been claimed or exercised by or over his subjects, as imprisoning or putting to death their persons without law, stopping their Habeas Corpuses, and imposing upon their estates without Act of Parliament, &c., either by both or either House, or any Committee of both or either, or by any persons appointed by any of them, be disclaimed, and all such persons so committed forthwith discharged.

4. That as His Majesty hath always professed his readiness to that purpose, so he will most cheerfully consent to any good Acts to be made for the suppression of Popery, and for the firmer settling of the Protestant religion established by law; as also that a good Bill may be framed for the better preserving of the Book of Common Prayer from scorn and violence; and that another Bill may be framed for the ease of tender consciences, in such particulars as shall be agreed upon. For all which His Majesty conceives the best expedient to be, that a National Synod be legally called with all convenient speed.

5. That all such persons, as upon the Treaty shall be excepted and agreed upon on either side out of the general pardon, shall be tried per pares, according to the usual course and known law of the land, and that it be left to that either to acquit or condemn them.

6. And to the intent this Treaty may not suffer interruption by any intervening accidents, that a cessation of arms and free trade for all His Majesty’s subjects may be agreed upon with all possible speed.

Given at the Court at Oxford, the twenty-first day of January, 1644.

63.

The Self-denying Ordinance.

Be it ordained by the Lords and Commons assembled in Parliament, that all and every of the members of either House of Parliament shall be, and by authority of this Ordinance are discharged at the end of forty days after the passing of this Ordinance1 , of and from all and every office or command military or civil, granted or conferred by both or either of the said Houses of this present Parliament, or by any authority derived from both or either of them since the 20th day of November, 1640.

And be it further ordained, that all other governors and commanders of an island, town, castle or fort, and all other colonels and officers inferior to colonels in the several armies, not being members of either of the Houses of Parliament, shall, according to their respective commissions, continue in their several places and commands, wherein they were employed and intrusted the 20th day of March, 1644, as if this Ordinance had not been made. And that the vice-admiral, rear-admiral, and all other captains and other inferior officers in the fleet, shall, according to their several and respective commissions, continue in their several places and commands, wherein they were employed and intrusted the said 20th day of March, as if this Ordinance had not been made.

Provided always, and it is further ordained and declared, that during this war, the benefit of all offices, being neither military nor judicial, hereafter to be granted, or any way to be appointed to any person or persons by both or either House of Parliament, or by authority derived from thence, shall go and inure to such public uses as both Houses of Parliament shall appoint. And the grantees and persons executing all such offices shall be accountable to the Parliament for all the profits and perquisites thereof, and shall have no profit out of any such office, other than a competent salary for the execution of the same, in such manner as both Houses of Parliament shall order and ordain.

Provided that this Ordinance shall not extend to take away the power and authority of any Lieutenancy or Deputy-Lieutenancy in the several counties, cities or places, or of any Custos Rotulorum, or of any commission for Justices of Peace, or sewers, or any commission of Oyer and Terminer, or gaoldelivery.

Provided always, and it is hereby declared, that those members of either House who had offices by grant from His Majesty before this Parliament, and were by His Majesty displaced sitting this Parliament, and have since by authority of both Houses been restored, shall not by this Ordinance be discharged from their said offices or profits thereof, but shall enjoy the same; anything in this Ordinance to the contrary thereof notwithstanding.

64.

The Negative Oath.

Be it ordained by the Lords and Commons in Parliament assembled, that all and every person of what degree or quality soever, that hath lived or shall live within the King’s quarters, or been aiding, assisting or adhering unto the forces raised against the Parliament, and hath or shall come to inhabit or reside under the power and protection of the Parliament, shall swear upon the holy evangelist in manner following:

‘I, A. B., do swear from my heart that I will not directly or indirectly adhere unto or willingly assist the King in this war, or in this cause against the Parliament, nor any forces raised without the consent of the two Houses of Parliament in this cause or war. And I do likewise swear that my coming and submitting myself under the power and protection of the Parliament, is without any manner of design whatsoever, to the prejudice of the proceedings of the two Houses of this present Parliament, and without the direction, privity or advice of the King, or any of his Council or officers, other than what I have now made known. So help me God, and the contents of this Book.’

And be it further ordained by the authority aforesaid, that the Commissioners for keeping of the Great Seal of England for the time being, shall have power, and are hereby authorised to tender and administer the said oath unto any peer, or wife or widow of any peer, so coming to inhabit as abovesaid.

And it shall be lawful to and for the Committee of the House of Commons for examinations, the Committee for the militia in London, and all Committees of Parliament in the several counties and cities of the kingdom, to tender and administer the said oath unto every other person so coming to inhabit as abovesaid: and if any person (not being a member of, or assistant unto either of the Houses of the Parliament) shall refuse or neglect to take the said oath so duly tendered unto him or her as above-said, the said Commissioners and Committees respectively shall and may commit the same person to some prison, there to remain without bail or mainprize until he shall conform thereunto.

65.

Order of the two Houses for taking away the Court of Wards.

That the Court of Wards and Liveries, and all wardships, liveries, primer seisins and ouster les mains, and all other charges incident or arising for or by reason of wardships, livery, primer seisin or ouster les mains, be from this day taken away; and that all tenures by homage, and all fines, licences, seizures, pardons for alienation, and all other charges incident thereunto, be likewise taken away; and that all tenures by knight service, either of His Majesty or others, or by knight service, or socage in capite of His Majesty, be turned into free and common socage.

66.

The Propositions of the Houses sent to the King at Newcastle.

May it please your Majesty,

We the Lords and Commons assembled in the Parliament of England, in the name and on the behalf of the kingdom of England and Ireland, and the Commissioners of the Parliament of Scotland, in the name and on the behalf of the kingdom of Scotland, do humbly present unto your Majesty the humble desires and propositions for a safe and well-grounded peace, agreed upon by the Parliaments of both kingdoms respectively, unto which we do pray your Majesty’s assent; and that they, and all such Bills as shall be tendered to your Majesty in pursuance of them, or any of them, may be established and enacted for Statutes and Acts of Parliament, by your Majesty’s royal assent, in the Parliament of both kingdoms respectively.

1. Whereas both Houses of the Parliament of England have been necessitated to undertake a war in their just and lawful defence, and afterwards both kingdoms of England and Scotland joined in solemn League and Covenant were engaged to prosecute the same;

That by Act of Parliament in each kingdom respectively, all oaths, declarations and proclamations heretofore had, or hereafter to be had, against both or either of the Houses of Parliament of England, the Parliaments of the kingdom of Scotland, and the late Convention of Estates in Scotland, or the Committees flowing from the Parliament or Convention in Scotland, or their ordinances and proceedings, or against any for adhering unto them, or for doing or executing any office, place or charge, by any authority derived from them; and all judgments, indictments, outlawries, attainders and inquisitions in any the said causes; and all grants thereupon had or made, or to be made or had, be declared null, suppressed and forbidden: and that this be publicly intimated in all parish churches within His Majesty’s dominions, and all other places needful.

2. That His Majesty, according to the laudable example of his royal father of happy memory, may be pleased to swear and sign the late solemn League and Covenant; and that an Act of Parliament be passed in both kingdoms respectively, for enjoining the taking thereof by all the subjects of the three kingdoms; and the Ordinances concerning the manner of taking the same in both kingdoms be confirmed by Acts of Parliament respectively, with such penalties as, by mutual advice of both kingdoms, shall be agreed upon.

3. That a Bill be passed for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans and Sub-deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chaunters, Chancellors, Treasurers, Sub-treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral or Collegiate Church, and all other under officers, out of the Church of England and dominion of Wales, and out of the Church of Ireland, with such alterations concerning the estates of Prelates, as shall agree with the articles of the late Treaty of the date at Edinburgh, November 29, 1643, and joint Declaration of both kingdoms.

4. That the Ordinances concerning the calling and sitting of the Assembly of Divines be confirmed by Act of Parliament.

5. That reformation of religion, according to the Covenant, be settled by Act of Parliament, in such manner as both Houses have agreed, or shall agree upon, after consultation had with the Assembly of Divines.

6. Forasmuch as both kingdoms are mutually obliged by the same Covenant, to endeavour the nearest conjunction and uniformity in matters of religion, according to the Covenant, as after consultation had with the Divines of both kingdoms assembled, is or shall be jointly agreed upon by both Houses of Parliament of England, and by the Church and kingdom of Scotland, be confirmed by Acts of Parliament of both kingdoms respectively.

7. That for the more effectual disabling Jesuits, Priests, Papists and Popish recusants from disturbing the State and deluding the laws, and for the better discovering and speedy conviction of recusants, an oath be established by Act of Parliament, to be administered to them, wherein they shall abjure and renounce the Pope’s supremacy, the doctrine of transubstantiation, purgatory, worshipping of the consecrated host, crucifixes and images, and all other Popish superstitions and errors; and refusing the said oath, being tendered in such manner as shall be appointed by the said Act, to be a sufficient conviction of recusancy.

8. An Act of Parliament for education of the children of Papists by Protestants in the Protestant religion.

9. An Act for the true levying of the penalties against them, which penalties to be levied and disposed in such manner as both Houses shall agree on, wherein to be provided that His Majesty shall have no loss.

10. That an Act be passed in Parliament, whereby the practices of Papists against the State may be prevented, and the laws against them duly executed, and a stricter course taken to prevent the saying or hearing of Mass in the Court or any other part of this kingdom.

11. The like for the kingdom of Scotland, concerning the four last preceding propositions, in such manner as the Estates of the Parliament there shall think fit.

12. That the King do give his royal assent to an Act for the due observance of the Lord’s Day;

And to the Bill for the suppression of innovations in churches and chapels, in and about the worship of God, &c.;

And for the better advancement of the preaching of God’s Holy Word in all parts of this kingdom;

And to the Bill against the enjoying of pluralities of benefices by spiritual persons, and non-residency;

And to an Act to be framed and agreed upon by both Houses of Parliament, for the reforming and regulating of both Universities, of the Colleges of Westminster, Winchester and Eton;

And to such Act or Acts for raising of monies for the payment and satisfaction of the public debts and damages of the kingdom, and other public uses, as shall hereafter be agreed on by both Houses of Parliament: and that if the King doth not give his assent thereunto, then it being done by both Houses of Parliament, the same shall be as valid to all intents and purposes, as if the royal assent had been given thereunto.

The like for the kingdom of Scotland.

And that His Majesty give assurance of his consenting in the Parliament of Scotland to an Act acknowledging and ratifying the Acts of the Convention of Estates of Scotland, called by the Council and Conservers of the Peace and the Commissioners for the common burdens, and assembled the 22nd of June, 1643, and several times continued since, and of the Parliament of that kingdom since convened.

13. That the Lords and Commons in the Parliament of England assembled, shall during the space of twenty years, from the 1st of July, 1646, arm, train and discipline, or cause to be armed, trained and disciplined, all the forces of the kingdoms of England and Ireland and dominion of Wales, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, already raised both for sea and land service; and shall arm, train and discipline, or cause to be raised, levied, armed, trained and disciplined, any other forces for land and sea service, in the kingdoms, dominions, and places aforesaid, as in their judgments they shall from time to time, during the said space of twenty years, think fit and appoint: and that neither the King, his heirs or successors, nor any other but such as shall act by the authority or approbation of the said Lords and Commons, shall during the said space of twenty years exercise any of the powers aforesaid.

And the like for the kingdom of Scotland, if the Estates of the Parliament there shall think fit.

That money be raised and levied for the maintenance and use of the said forces for land service, and of the navy and forces for sea service, in such sort and by such ways and means as the said Lords and Commons shall from time to time, during the said space of twenty years, think fit and appoint, and not otherwise. That all the said forces, both for land and sea service, so raised or levied, or to be raised or levied, and also the admiralty and navy, shall from time to time, during the said space of twenty years, be employed, managed, ordered and disposed by the said Lords and Commons, in such sort and by such ways and means as they shall think fit and appoint, and not otherwise. And the said Lords and Commons, during the said space of twenty years, shall have power,

(i) To suppress all forces raised or to be raised, without authority and consent of the said Lords and Commons, to the disturbance of the public peace of the kingdoms of England and Ireland and dominion of Wales, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or any of them.

(ii) To suppress any foreign forces who shall invade or endeavour to invade the kingdoms of England and Ireland, dominion of Wales, the Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or any of them.

(iii) To conjoin such forces of the kingdom of England with the forces of the kingdom of Scotland, as the said Lords and Commons shall from time to time, during the said space of twenty years, judge fit and necessary; to resist all foreign invasions, and to suppress any forces raised or to be raised against or within either of the said kingdoms, to the disturbance of the public peace of the said kingdoms, or any of them, by any authority under the Great Seal, or any warrant whatsoever, without consent of the said Lords and Commons of the Parliament of England, and the Parliament or the Estates of the Parliament of Scotland respectively. And that no forces of either kingdom shall go into or continue in the other kingdom, without the advice and desire of the said Lords and Commons of the Parliament of England, and the Parliament of the kingdom of Scotland, or such as shall be by them appointed for that purpose: and that after the expiration of the said twenty years, neither the King, his heirs or successors, or any person or persons, by colour or pretence of any commission, power, deputation or authority, to be derived from the King, his heirs or successors, or any of them, shall raise, arm, train, discipline, employ, order, manage, disband or dispose of any of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, Isles of Guernsey and Jersey, and the town of Berwick upon Tweed: nor exercise any of the said powers or authorities in the precedent articles mentioned and expressed to be during the said space of twenty years, in the said Lords and Commons: nor do any act or thing concerning the execution of the said powers or authorities, or any of them, without the consent of the said Lords and Commons first had and obtained. That after the expiration of the said twenty years, in all cases wherein the Lords and Commons shall declare the safety of the kingdom to be concerned, and shall thereupon pass any Bill or Bills for the raising, arming, disciplining, employing, managing, ordering or disposing of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, Isles of Guernsey and Jersey, and the town of Berwick upon Tweed, or of any part of the said forces, or concerning the admiralty and navy, or concerning the levying of monies for the raising, maintenance or use of the said forces for land service, or of the navy and forces for sea service, or of any part of them: and if that the royal assent to such Bill or Bills shall not be given in the House of Peers within such time after the passing thereof by both Houses of Parliament, as the said Houses shall judge fit and convenient, that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the royal assent shall not be given as is herein before expressed, shall nevertheless after declaration of the said Lords and Commons made in that behalf, have the force and strength of an Act or Acts of Parliament, and shall be as valid to all intents and purposes as if the royal assent had been given thereunto.

Provided, that nothing herein before contained shall extend to the taking away of the ordinary legal power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, or other officers of justice, not being military officers, concerning the administration of justice; so as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other officers, nor any of them, do levy, conduct, employ or command any forces whatsoever, by colour or pretence of any commission of array, or extraordinary command from His Majesty, his heirs or successors, without the consent of the said Lords and Commons.

And if any persons shall be gathered and assembled together in warlike manner or otherwise, to the number of thirty persons, and shall not forthwith disband themselves, being required thereto by the said Lords and Commons, or command from them or any of them, especially authorised for that purpose, then such person or persons not so disbanding themselves, shall be guilty and incur the pains of high treason, being first declared guilty of such offence by the said Lords and Commons; any commission under the Great Seal, or other warrant to the contrary notwithstanding: and he or they that shall offend herein, to be incapable of any pardon from His Majesty, his heirs or successors, and their estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.

Provided, that the City of London shall have and enjoy all their rights, liberties and franchises, customs and usages, in the raising and employing the forces of that City for the defence thereof, in full and ample manner, to all intents and purposes, as they have or might have used or enjoyed the same at any time before the making of the said Act or proposition; to the end that City may be fully assured it is not the intention of the Parliament to take from them any privileges or immunities in raising or disposing of their forces which they have or might have used or enjoyed heretofore.

The like for the kingdom of Scotland, if the Estates of the Parliament there shall think fit.

14. That by Act of Parliament all Peers made since the day that Edward Lord Lyttelton, then Lord Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament, being the 21st day of May, 1642, and who shall be hereafter made, shall not sit or vote in the Parliament of England, without consent of both Houses of Parliament; and that all honour and title conferred on any without consent of both Houses of Parliament since the 20th of May, 1642, being the day that both Houses declared that the King, seduced by evil counsel, intended to raise war against the Parliament, be null and void.

The like for the kingdom of Scotland, those being excepted whose patents were passed the Great Seal before the 14th of June, 1644.

15. That an Act be passed in the Parliaments of both Houses respectively, for confirmation of the Treaties passed between the two kingdoms; viz. the large Treaty, the late Treaty for the coming of the Scots army into England, and the settling of the garrison of Berwick, of the 29th of November, 1643, and the Treaty between Ireland of the 6th of August, 1642, for the bringing of 10,000 Scots into the province of Ulster in Ireland; with all other Ordinances and proceedings passed between the two kingdoms, and whereunto they are obliged by the aforesaid Treaties.

And that Algernon Earl of Northumberland, John Earl of Rutland, Philip Earl of Pembroke and Montgomery, Robert Earl of Essex, Theophilus Earl of Lincoln, James Earl of Suffolk, Robert Earl of Warwick, Edward Earl of Manchester, Henry Earl of Stamford, Francis Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby, Dudley Lord North, John Lord Hunsdon, William Lord Gray, Edward Lord Howard of Escrick, Thomas Lord Bruce, Ferdinando Lord Fairfax, Mr. Nathaniel Fiennes, Sir William Armin, Sir Philip Stapleton, Sir Henry Vane, senior, Mr. William Pierpoint, Sir Edward Aiscough, Sir William Strickland, Sir Arthur Haslerig, Sir John Fenwick, Sir William Brereton, Sir Thomas Widdrington, Mr. John Toll, Mr. Gilbert Millington, Sir William Constable, Sir John Wray, Sir Henry Vane, junior, Mr. Henry Darley, Oliver St. John, Esq., His Majesty’s Solicitor-General, Sir Denzil Hollis, Mr. Alexander Rigby, Mr. Cornelius Holland, Mr. Samuel Vassal, Mr. Peregrine Pelham, John Glyn, Esq., Recorder of London, Mr. Henry Martin, Mr. Alderman Hoyle, Mr. John Blackiston, Mr. Serjeant Wilde, Mr. Richard Barrois, Sir Anthony Irby, Mr. Ashhurst, Mr. Billingham, and Mr. Tolson, Members of both Houses of the Parliament of England, shall be the Commissioners for the kingdom of England, for conservation of the peace between the two kingdoms; to act according to the powers in that behalf expressed in the articles of the large Treaty, and not otherwise.

That His Majesty give his assent to what the two kingdoms shall agree upon, in prosecution of the articles of the large Treaty, which are not yet finished.

16. That an Act be passed in the Parliaments of both kingdoms respectively, for establishing the joint Declaration of both kingdoms bearing date the 30th of January, 1643, in England, and 1644 in Scotland; with the qualifications ensuing:

1st Qualification. That the persons who shall expect no pardon be only these following: Rupert and Maurice, Counts Palatine of the Rhine, James Earl of Derby, John Earl of Bristol, William Earl of Newcastle, Francis Lord Cottington, George Lord Digby, Matthew Wren, Bishop of Ely, Sir Robert Heath, Knt., Dr. Bramhall, Bishop of Derry, Sir William Widdrington, Col. George Goring, Henry Jermyn, Esq., Sir Ralph Hopton, Sir John Byron, Sir Francis Doddington, Sir Francis Strangways, Mr. Endymion Porter, Sir George Radcliffe, Sir Marmaduke Langdale, Henry Vaughan, Esq., now called Sir Henry Vaughan, Sir Francis Windebank, Sir Richard Grenvile, Mr. Edward Hyde, now called Sir Edward Hyde, Sir John Marley, Sir Nicholas Cole, Sir Thomas Riddell, junior, Sir John Culpepper, Mr. Richard Lloyd, now called Sir Richard Lloyd, Mr. David Jenkins, Sir George Strode, George Carteret, Esq., now called Sir George Carteret, Sir Charles Dallison, Knt., Richard Lane, Esq., now called Sir Richard Lane, Sir Edward Nicholas, John Ashburnham, Esq., Sir Edward Herbert, Knt., Attorney-General, Earl of Traquair, Lord Harris, Lord Reay, George Gordon, sometime Marquis of Huntly, James Graham, sometime Earl of Montrose, Robert Maxwell, late Earl of Nithsdale, Robert Dalyel, sometime Earl of Carnwath, James Gordon, sometime Viscount of Aboyne, Ludovic Lindsay, sometime Earl of Crawford, James Ogilvy, sometime Earl of Airlie, James Ogilvy, sometime Lord Ogilvy, Patrick Ruthven, sometime Earl of Forth, James King, sometime Lord Eythin, Alaster Macdonald, Irvine the younger of Drum, Gordon the younger of Gight, Leslie of Auchintoul, Col. John Cochrane, Graham of Gorthie, Mr. John Maxwell, sometime pretended Bishop of Ross, and all such others as being processed by the Estates for treason, shall be condemned before the Act of Oblivion be passed.

2nd Qualification. All Papists and Popish recusants who have been, now are, or shall be actually in arms, or voluntarily assisting against the Parliament or Estates of either kingdom; and by name the Marquis of Winton, Earl of Worcester, Edward Lord Herbert of Raglan, son to the Earl of Worcester, Lord Brudenell, Caryl Mollineux, Esq., Lord Arundel of Wardour, Sir Francis Howard, Sir John Wintour, Sir Charles Smith, Sir John Preston, Sir Basil Brooke, Lord Audley, Earl of Castlehaven, in the kingdom of Ireland, William Sheldon, of Beely, Esq., Sir Henry Bedingfield.

3rd Qualification. All persons who have had any hand in the plotting, designing or assisting the rebellion of Ireland, except such persons who have only assisted the said rebellion, have rendered themselves, or come in to the Parliament of England.

4th Qualification. That Humphrey Bennet, Esq., Sir Edward Ford, Sir John Penruddock, Sir George Vaughan, Sir John Weld, Sir Robert Lee, Sir John Pate, John Acland, Edmund Windham, Esq., Sir John Fitzherbert, Sir Edward Lawrence, Sir Ralph Dutton, Henry Lingen, Esq., Sir William Russell of Worcestershire, Thomas Lee of Adlington, Esq., Sir John Girlington, Sir Paul Neale, Sir William Thorold, Sir Edward Hussey, Sir Thomas Liddell, senior, Sir Philip Musgrave, Sir John Digby of Nottinghamshire, Sir Henry Fletcher, Sir Richard Minshull, Lawrence Halstead, John Denham, Esq., Sir Edmund Fortescue, Peter St. Hill, Esq., Sir Thomas Tildesley, Sir Henry Griffith, Michael Wharton, Esq., Sir Henry Spiller, Mr. George Benion, now called Sir George Benion, Sir Edward Walgrave, Sir Robert Ouseley, Sir John Mandy, Lord Cholmley, Sir Thomas Acton, Sir Lewis Dives, Sir Peter Osborne, Samuel Thornton, Esq., Sir John Lucas, John Blaney, Esq., Sir Thomas Chedle, Sir Nicholas Kemish, Hugh Lloyd, Esq., Sir Nicholas Crispe, Sir Peter Ricaut.

And all such of the Scottish nation as have concurred in the votes at Oxford, against the kingdom of Scotland and their proceedings, or have sworn or subscribed the Declaration against the Convention and Covenant; and all such as have assisted the rebellion in the North, or the invasion in the South of the said kingdom of Scotland, or the late invasion made there by the Irish, and their adherents, be removed from His Majesty’s counsels, and be restrained from coming within the verge of the Court; and that they may not without the advice and consent of both Houses of the Parliament of England, or the Estates in the Parliament of Scotland respectively, bear any office, or have any employment concerning the State or Commonwealth: and in case any of them should offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of the Parliament of England, or the Estates of the Parliament in Scotland respectively shall think fit: and that one full third part upon full value of the estates of the persons aforesaid, made incapable of employment as aforesaid, be employed for the payment of the public debts and damages, according to the Declaration.

1st Branch. That the late members, or any who pretended themselves late members of either House of Parliament, who have not only deserted the Parliament, but have also sat in the unlawful assembly at Oxford, called or pretended by some to be a Parliament, and voted both kingdoms traitors, and have not voluntarily rendered themselves before the last of October, 1644, be removed from His Majesty’s counsels, and be restrained from coming within the verge of the Court; and that they may not, without advice and consent of both kingdoms, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and be incapable of any pardon by His Majesty; and their estates to be disposed as both Houses of Parliament in England, or the Estates of the Parliament of Scotland respectively shall think fit.

2nd Branch. That the late members, or any who pretended themselves members of either House of Parliament, who have sat in the unlawful assembly at Oxford, called or pretended by some to be a Parliament, and have not voluntarily rendered themselves before the last of October, 1644, be removed from His Majesty’s counsels, and restrained from coming within the verge of the Court; and that they may not, without the advice and consent of both Houses of Parliament, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed of as both Houses of the Parliament of England shall think fit.

3rd Branch. That the late members, or any who pretended themselves members of either House of Parliament, who have deserted the Parliament, and adhered to the enemies thereof, and have not rendered themselves before the last of October, 1644, be removed from His Majesty’s counsels, and be restrained from coming within the verge of the Court; and that they may not, without the advice and consent of both Houses of Parliament, bear any office or have any employment concerning the State or Commonwealth. And in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from His Majesty, and their estates to be disposed as both Houses of Parliament in England shall think fit.

5th Qualification. That all Judges and officers towards the law, common or civil, who have deserted 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, councillors, and attorneys, doctors, advocates, and proctors of the law, common or civil, either in public or private, shall not be capable of any preferment or employment in the Commonwealth, without the advice and consent of both Houses of Parliament: and that no Bishop or Clergyman, no Master or Fellow of any College or Hall in either of the Universities, or elsewhere, or any Master of school or hospital, or any ecclesiastical person, who hath deserted the Parliament and adhered to the enemies thereof, shall hold or enjoy, or be capable of any preferment or employment in Church or Commonwealth. But all their said several preferments, places and promotions, shall be utterly void, as if they were naturally dead: nor shall they otherwise use their function of the ministry, without advice and consent of both Houses of Parliament: provided, that no lapse shall incur by this vacancy until six months past after notice thereof.

6th Qualification. That all persons who have been actually in arms against the Parliament, or have counselled or voluntarily assisted the enemies thereof, are disabled to be Sheriffs, Justices of the Peace, Mayors, or other Head Officers of any City or Corporation, Commissioners of Oyer and Terminer, or to sit and serve as members or assistants in either of the Houses of Parliament, or to have any military employments in this kingdom, without the consent of both Houses of Parliament.

7th Qualification. The persons of all others to be free of all personal censure, notwithstanding any act or thing done in or concerning this war, they taking the Covenant.

8th Qualification. The estates of those persons excepted in the first three precedent qualifications, and the estates of Edward Lord Lyttelton and of William Laud, late Archbishop of Canterbury, to pay public debts and damages.

9th Qualification. 1st Branch: that two full parts in three to be divided of all the estates of the members of either House of Parliament, who have not only deserted the Parliament, but have also voted both kingdoms traitors, and have not rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of the public debts and damages of the kingdom.

2nd Branch: that two full parts in three to be divided of the estates of such late members of either House of Parliament as sat in the unlawful assembly at Oxford, and shall not have rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of the public debts and damages of the kingdom.

3rd Branch: that one full moiety of the estates of such persons, late members of either of the Houses of Parliament, who have deserted the Parliament, and adhered to the enemies thereof, and shall not have rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of public debts and damages of the kingdom.

10th Qualification. That a full third part of the value of the estates of all Judges and officers towards the law, common or civil, and of all serjeants, councillors and attorneys, doctors, advocates and proctors of the law, common or civil; and of all Bishops, Clergymen, Masters and Fellows of any College or Hall in either of the Universities, or elsewhere; and of all Masters of hospitals, and of ecclesiastical persons, who have deserted the Parliament and adhered to the enemies thereof, and have not rendered themselves before the 1st of December, 1645, shall be taken and employed for the payment of public debts and damages of the kingdom.

That a full sixth part of the value of the estates of the persons excepted in the sixth qualification, concerning such as have been actually in arms against the Parliament, or have counselled or voluntarily assisted the enemies thereof, and are disabled according to the said qualification, to be taken and employed for the payment of the public debts and damages of the kingdom.

11th Qualification. That the persons and estates of all common soldiers and others of the kingdom of England, who in lands or goods be not worth £200 sterling, and the persons and estates of all common soldiers and others of the kingdom of Scotland, who in his lands or goods be not worth £100 sterling, be at liberty and discharged.

1st Branch. This proposition to stand as to the English, and as to the Scots likewise, if the Parliament of Scotland or their Commissioners shall think fit.

2nd Branch. That the 1st of May last is now the day limited for the persons to come in, that are comprised within the former qualification.

That an Act be passed, whereby the debts of the kingdom and the persons of delinquents, and the value of their estates may be known: and which Act shall appoint in what manner the confiscations and proportions before mentioned may be levied and applied to the discharge of the said engagements.

The like for the kingdom of Scotland, if the Estates of the Parliament, or such as shall have power from them, shall think fit.

17. That an Act of Parliament be passed to declare and make void the cessation of Ireland, and all Treaties and conclusions of peace, or any articles thereupon with the rebels, without consent of both Houses of Parliament: and to settle the prosecution of the wars of Ireland, as both Houses of the Parliament of England have agreed, or shall agree upon, after consultation had with the Assembly of Divines here.

That the Deputy or Chief Governor, or other Governors of Ireland, and the Presidents of the several provinces of that kingdom, be nominated by both the Houses of the Parliament of England; or in the intervals of Parliament, by such Committees of both Houses of Parliament as both Houses of the Parliament of England shall nominate and appoint for that purpose: and that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seal or Treasury, Lord Warden of the Cinque Ports, Chancellor of the Exchequer and Duchy, Secretaries of State, Master of the Rolls, Judges of both Benches, and Barons of the Exchequer, of the kingdoms of England and Ireland, and the Vice-Treasurer and Treasurer at War, of the kingdom of Ireland, be nominated by both Houses of the Parliament of England, to continue quam diu se bene gesserint; and in the intervals of Parliament by the afore-mentioned Committee, to be approved or disallowed by both Houses at their next sitting.

The like for the kingdom of Scotland, concerning the nomination of the Lords of the Privy Council, Lords of Session and Exchequer, Offices of State and Justice-General, in such manner as the Estates of Parliament there shall think fit.

18. That the militia of the City of London, and liberties thereof, may be in the ordering and government of the Lord Mayor, Aldermen, and Commons in Council assembled, or such as they shall from time to time appoint (whereof the Lord Mayor and Sheriffs for the time being to be three), to be employed and directed from time to time, in such manner as shall be agreed on and appointed by both Houses of Parliament.

That no citizen of the City of London, nor any of the forces of the said City, should be drawn forth or compelled to go out of the said City, or liberties thereof, for military service, without their own free consent.

That an Act be passed for granting and confirming of the charters, customs, liberties and franchises of the City of London, notwithstanding any nonuser, misuser, or abuser.

That the Tower of London may be in the government of the City of London, and the chief officer and governor thereof, from time to time, be nominated and removable by the Common Council: and for prevention of inconveniences which may happen by the long intermission of Common Councils, it is desired that there may be an Act that all by-laws and ordinances already made, or hereafter to be made by the Lord Mayor, Aldermen, and Commons in Common Council assembled, touching the calling, continuing, directing and regulating the said Common Councils, be as effectual in law to all intents and purposes, as if the same were particularly enacted by the authority of Parliament. And that the Lord Mayor, Aldermen, and Commons in Common Council may add to or repeal the said Ordinances from time to time, as they shall see cause.

That such other propositions as shall be made for the City, for their further safety, welfare and government, and shall be approved of by both Houses of Parliament, may be granted and confirmed by Act of Parliament.

19. That all grants, commissions, presentations, writs, processes, proceedings, and other things passed under the Great Seal of England, in the custody of the Lords and others Commissioners appointed by both Houses of Parliament for the custody thereof, and by Act of Parliament with the royal assent, shall be declared and enacted to be of like force and effect to all intents and purposes, as the same or like grants, commissions, presentations, writs, processes, proceedings, and other things under any Great Seal of England in any time heretofore were or have been: and that for time to come, the said Great Seal, now remaining in custody of the said Commissioners, continue and be used for the Great Seal of England: and that all grants, commissions and presentations, writs, processes, proceedings, and other things whatsoever, passed under or by authority of any other Great Seal since the 22nd day of May, anno dom. 1642, or hereafter to be passed, be invalid, and of no effect to all intents and purposes; except such writs, process and commissions, as being passed under any other Great Seal than the said Great Seal in the custody of the Commissioners aforesaid, on or after the said 22nd of May, and before the 28th day of November, anno dom. 1643, were afterwards proceeded upon, returned into, or put in use in any of the King’s Courts at Westminster; and except the grant to Mr. Justice Bacon to be one of the Justices of the King’s Bench; and except all acts and proceedings by virtue of any such commissions of gaol-delivery, assize, and Nisi Prius or Oyer and Terminer, passed under any Great Seal than the Seal aforesaid, in the custody of the said Commissioners, before the 1st of October, 1642.

And that all grants of offices, lands, tenements or hereditaments, made or passed under the Great Seal of Ireland, unto any person or persons, bodies politic or corporate, since the cessation made in Ireland the 15th day of September, 1643, shall be null and void: and that all honours and titles conferred upon any person or persons in the said kingdom of Ireland, since the said cessation, shall be null and void.

67.

The King’s first answer to the Propositions presented at Newcastle.

Charles R.

The propositions tendered to His Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland (to which the Houses of Parliament have taken twice so many months for deliberation, as they have assigned days for His Majesty’s answer), do import so great alterations in government both in the Church and kingdom, as it is very difficult to return a particular and positive answer, before a full debate, wherein these propositions, and the necessary explanations, true sense and reasons thereof, be rightly weighed and understood; and that His Majesty (upon a full view of the whole propositions) may know what is left, as well as what is taken away and changed: in all which he finds (upon discourse with the said Commissioners) that they are so bound up from any capacity either to give reasons for the demands they bring, or to give ear to such desires as His Majesty is to propound, as it is impossible for him to give such a present judgment of, and answer to these propositions, whereby he can answer to God that a safe and well-grounded peace will ensue (which is evident to all the world can never be, unless the just power of the Crown, as well as the freedom and propriety of the subject, with the just liberty and privileges of Parliament, be likewise settled): to which end His Majesty desires and proposeth to come to London, or any of his houses thereabouts, upon the public faith and security of the two Houses of his Parliament, and the Scots Commissioners, that he shall be there with freedom, honour and safety; where by his personal presence he may not only raise a mutual confidence between him and his people, but also have these doubts cleared, and these difficulties explained unto him, which he now conceives to be destructive to his just regal power, if he should give a full consent to these propositions as they now stand: as likewise, that he may make known to them such his reasonable demands, as he is most assured will be very much conducible to that peace which all good men desire and pray for, by the settling of religion, the just privileges of Parliament, with the freedom and propriety of the subject: and His Majesty assures them, that as he can never condescend unto what is absolutely destructive to that just power which, by the laws of God and the land, he is born unto; so he will cheerfully grant and give his assent unto all such Bills (at the desires of his two Houses), or reasonable demands for Scotland, which shall be really for the good and peace of his people, not having regard to his own particular (much less of anybody’s else) in respect of the happiness of these kingdoms. Wherefore His Majesty conjures them as Christians, as subjects, and as men who desire to leave a good name behind them, that they will so receive and make use of this answer, that all issues of blood may be stopped, and these unhappy distractions peaceably settled.

At Newcastle, the 1st of August, 1646.

Charles R.

Upon assurance of a happy agreement, His Majesty will immediately send for the Prince his son, absolutely answering for his perfect obedience.

68.

The King’s second answer to the Propositions presented at Newcastle.

Charles R.

His Majesty’s thoughts being always sincerely bent to the peace of his kingdoms, was and will be ever desirous to take all ways which might the most clearly make appear the candour of his intentions to his people: and to this end could find no better way than to propose a personal free debate with his two Houses of Parliament upon all the present differences; yet finding, very much against his expectations, that this offer was laid aside, His Majesty bent all his thoughts to make his intentions fully known, by a particular answer to the propositions delivered to him in the name of both kingdoms, 24th July last: but the more he endeavoured it, he more plainly saw that any answer he could make would be subject to misinformations and misconstructions, which upon his own paraphrases and explanations he is most confident will give so good satisfaction, as would doubtless cause a happy and lasting peace. Lest therefore that good intentions may produce ill effects, His Majesty again proposes and desires to come to London, or any of his houses thereabouts, upon the public faith and security of his two Houses of Parliament and the Scots Commissioners, that he shall be there with honour, freedom and safety: where, by his personal presence, he may not only raise a mutual confidence between him and his people, but also have those doubts cleared and those difficulties explained to him, without which he cannot, but with the aforesaid mischievous inconveniences, give a particular answer to the Propositions: and with which he doubts not but so to manifest his real intentions for the settling of religion, the just privileges of Parliament, with the freedom and propriety of the subject, that it shall not be in the power of wicked and malicious men to hinder the establishing of that firm peace which all honest men desire: assuring them that as he will make no other demands but such as he believes confidently to be just, and much conducing to the tranquillity of the people: so he will be most willing to condescend unto them in whatsoever shall be really for their good and happiness: not doubting likewise but you will also have a due regard to maintain the just power of the Crown, according to your many protestations and professions: for certainly except King and people have reciprocal care each of other, neither can be happy.

To conclude, ’tis your King who desires to be heard, the which if refused to a subject by a King, he would be thought a tyrant for it, and for that end which all men profess to desire. Wherefore His Majesty conjures you, as you desire to show yourselves really what you profess, even as you are good Christians and subjects, that you will accept this his offer, which he is confident God will so bless, that it will be the readiest means by which these kingdoms may again become a comfort to their friends, and a terror to their enemies.

Newcastle, the 20th of December, 1646.

69.

Suggested answer to the Propositions drawn up for the King by the leading Presbyterians and a small number of the Independents, and forwarded by the French Ambassador to Cardinal Mazarin to be laid before Queen Henrietta Maria.

Les sincères intentions du Roy n’ayant pas esté bien entendues par les responses que sa Ma^té vous a fait eydevant, elle juge à propos de vous faire connoistre quelle estoit lors sa pensée, semblable à la résolution en laquelle elle est aujourd’huy, elle estimoit, lorsque vous ayant fait sçavoir en termes généraux qu’elle vouloit establir la religion et les justes privilèges des Parlements avec la seureté de ses sujets, aux desirs desquels elle prétendoit s’accommoder, et faire toutes les choses qui seroient véritablement pour leur bien et leur advantage, vous deviez estre satisfait.

Mais pour vous le faire entendre plus particulièrement, elle vous dit qu’elle est preste de confirmer pour trois ans le Gouvernement Presbytérial puisqu’il a esté pour ce temps estably par les deux maisons: que sa Ma^té veut approuver ce qui a esté fait par le grand sçeau jusqu’à ce jour, depuis que les deux maisons s’en sont servy: qu’elle est aussy en volonté de mettre le pouvoir de la milice tant par terre que par mer entre les mains de telles personnes que les deux maisons nommeront, leur donnant pouvoir de changer les dites personnes à leur volonté, et d’en substituer d’autres en leurs places; et ce pour l’espace de dix années, s’il est jugé qu’il faille tant de temps pour assurer la confirmation de la paix et l’accomplissement des choses qui auront esté agréées.

Sa Ma^té donnera pareillement pleine satisfaction touchant la conduite de la guerre en Irlande et touchant l’establissement de la religion en la manière qu’elle sera establie en Angleterre, et sa Ma^té consentira de tout son cœur à l’acte qui sera fait pour la confirmation des privilèges et des coustumes de la ville de Londres: elle se portera d’autant plus volontiers à accorder ce qui est cy dessus, qu’elle ne doute point que vous voudrez avoir la considération que vous devez pour maintenir le juste pouvoir de sa couronne, que ses amis ne seront point en peyne pour l’avoir suivy, et qu’il sera pourveu par un acte d’amnistie et pardon général passé dans le Parlement, à ce que toutes les semences de trouble et de mescontentement soyent entièrement assoupies.

Comme aussy que les expediens seront pris que l’on jugera les plus propres pour l’acquit des debtes publiques et de celles de sa Ma^té; le Roy faisant voir quelle est son intention touchant les choses les plus importantes de celles qui sont contenues dans les Propositions, vous pouvez juger que ce qu’il a demandé à estre ouy, ainsy qu’il le demande encore présentement; et que pour cet effect il puisse venir à Londres, ou en l’une de ses maisons qui en sont proches, sur la foy et l’asseurance publique que vous luy donnerez, qu’il y demeurera avec honneur, seureté et liberté.

Ce n’est que pour y pouvoir plus promptement et avec plus de facilité que d’un autre lieu prendre et donner des esclaircissements, faire et recevoir les Propositions qui peuvent faire naistre une confiance réciproque entre sa Ma^té et ses sujets et contribuer à establir et maintenir une bonne paix tant desirée par les gens de bien1 .

70.

The King’s third answer to the Propositions presented at Newcastle.

Charles R.

As the daily expectation of the coming of the Propositions2 hath made His Majesty this long time to forbear the giving of his answer unto them, so the appearance of their sending being now no more, for any thing he can hear, than it was at his first coming hither3 , notwithstanding that the Earl of Lauderdale hath been at London these ten days4 (whose not coming was said to be the only stop), hath caused His Majesty thus to anticipate their coming unto him; and yet, considering his condition, that his servants are denied access to him, all but very few, and those by appointment, not his own election, and that it is a declared crime for any but the Commissioners, or such who are particularly permitted by them, to converse with His Majesty; or that any letters should be given to or received from him; may he not truly say that he is not in case fit to make confessions or give answers, since he is not master of those ordinary actions which are the undoubted rights of every free-born man, how mean soever his birth be. And certainly he would still be silent on this subject until his condition were much mended (did he not prefer such a right understanding between him and his Parliament of both kingdoms, which may make a firm and lasting peace in all his dominions, before any particular of his own or any earthly blessing), and therefore His Majesty hath diligently employed his utmost endeavours (for divers months past) so to inform his understanding and satisfy his conscience, that he might be able to give such answers to the Propositions as would be most agreeable to his Parliaments; but he ingenuously proposes that, notwithstanding all the pains that he hath taken thereon, the nature of some of them appears such unto him, that (without disclaiming that reason which God hath given him to judge by for the good of him and his people, and without putting the greatest violence upon his own conscience) he cannot give his consent to all of them; yet His Majesty (that it may appear to all the world how desirous he is to give full satisfaction) hath thought fit hereby to express his readiness to grant what he may, and his willingness to receive from them, and that personally, if his two Houses at Westminster shall approve thereof, such further information in the rest, as may but convince his judgment and satisfy those doubts which are not yet clear to him; desiring them also to consider that, if His Majesty intended to wind himself out of these troubles by indirect means, were it not most easy for him now readily to consent to whatsoever hath or shall be proposed unto him, and afterwards choose his time to break all, alleging that forced concessions are not to be kept:—surely he might, and not yet incur a hard censure from any indifferent men. But maxims of this kind are not the guides of His Majesty’s actions; for he freely and clearly avows that he holds it unlawful for any man, and most base in a King, to recede from his promises for having been obtained by force or under restraint.

Wherefore His Majesty, not only rejecting those arts which he esteems unworthy of him, but even passing by that which he might well insist upon as a point of honour, in respect of his present condition, thus answers the first Proposition:

That, upon His Majesty’s coming to London, he will heartily join in all that shall concern the honour of his two kingdoms or the Assembly of States of Scotland, or of the Commissioners or Deputies of either kingdoms, particularly in those things which are desired in that Proposition; upon confidence that all of them respectively with the same tenderness will look upon those things which concern His Majesty’s honour.

In answer to all the Propositions concerning religion, His Majesty proposeth that he will confirm the Presbyterial government, the Assembly of Divines at Westminster, and the Directory, for three years (being the time set down by the two Houses), so that His Majesty and his household be not hindered from using that form of God’s service which they have formerly; and also that a free consultation and debate be had with the Divines at Westminster (twenty of His Majesty’s nomination being added unto them), whereby it may be determined by His Majesty and the two Houses, how the Church shall be governed after the said three years, or sooner if differences may be agreed.

Touching the Covenant, His Majesty is not therein yet satisfied, and desires to respite his particular answer thereunto until his coming to London: because, it being a matter of conscience, he cannot give a resolution therein till he may be assisted with the advice of some of his own chaplains (which hath hitherto been denied him), and such other divines as shall be most proper to inform him therein; and then he will make clearly appear both his zeal to the Protestant profession and the union of these two kingdoms, which he conceives to be the main drift of the Covenant.

To the seventh and eighth Propositions, His Majesty will consent.

To the ninth, His Majesty doubts not but to give good satisfaction, when he shall be particularly informed how the said penalties shall be levied and disposed of.

To the tenth, His Majesty’s answer is, that he hath been always ready to prevent the practices of Papists; and therefore is content to pass an Act of Parliament for that purpose, and also that the laws against them be duly executed.

His Majesty will give his consent to the Act for the due observation of the Lord’s Day, for the suppression of innovations, and those concerning the preaching of God’s Word, and touching non-residence and pluralities.

And His Majesty will be willing to pass such Act or Acts as shall be requisite to raise moneys for the payment and satisfying of all public debts: expecting also that his will be therein concluded.

As to the Proposition touching the militia: though His Majesty cannot consent unto it in terminis as it is proposed (because thereby, he conceives, he wholly parts with the power of the sword intrusted to him by God and the laws of the land for the protection and government of his people, thereby at once divesting himself, and disinheriting his posterity of that right and prerogative of the Crown which is absolutely necessary to the kingly office, and so weakening monarchy in this kingdom that little more than the name and shadow of it will remain), yet, if it be only security for the preservation of the peace of this kingdom after these unhappy troubles, and the due performance of all the agreements which are now to be concluded, which is desired (which His Majesty always understood to be the case, and hopes that herein he is not mistaken), His Majesty will give abundant satisfaction; to which end he is willing to consent, by Act of Parliament, that the whole power of the militia, both by sea and land, for the space of ten years, be in such persons as the two Houses of Parliament shall nominate (giving them power, during the said term, to change the said persons, and to substitute others in their places at pleasure), and afterwards to return to the proper channel again, as it was in the times of Queen Elizabeth and King James of blessed memory. And now His Majesty conjures his two Houses of Parliament, as they are Englishmen and lovers of peace, by the duty they owe to His Majesty their King, and by the bowels of compassion they have to their fellow-subjects, that they will accept of this His Majesty’s offer, whereby the joyful news of peace may be restored to this languishing kingdom. His Majesty will grant the like to the kingdom of Scotland, if it be desired; and he will agree to all things that are propounded touching the conserving of peace between the two kingdoms.

Touching Ireland, other things being agreed, His Majesty will give satisfaction therein.

As to the mutual declarations proposed to be established in both kingdoms by Act of Parliament, and the qualifications, modifications and branches, which follow in the Propositions, His Majesty only professes that he doth not sufficiently understand, nor is able to reconcile many things contained in them; but this he well knows, that a general act of oblivion is the best bond of peace, and that after intestine trouble, the wisdom of this and other kingdoms hath usually and happily, in all ages, granted general pardons, whereby the numerous discontentments of many persons and families otherwise exposed to ruin might not become fuel to new disorders, or seed of future troubles. His Majesty therefore desires that his two Houses of Parliament would seriously descend into these considerations, and likewise tenderly look upon his condition herein, and the perpetual dishonour that must cleave to him, if he should thus abandon so many persons of condition and fortune that have engaged themselves with and for him out of a sense of duty; and propounds, as a very acceptable testimony of their affection to him, that a general act of oblivion and full pardon be forthwith passed by Act of Parliament.

Touching the new Great Seal, His Majesty is very willing to confirm both it and all acts done by virtue thereof until this present time; so that it be not thereby pressed to make void those acts of his done by virtue of his Great Seal, which in honour and justice he is obliged to maintain; and that the future government thereof may be in His Majesty, according to the due course of law.

Concerning the officers mentioned in the 17th Article, His Majesty, when he shall come to Westminster, will gratify his Parliament all that possibly he may, without destroying the relations which are necessary to the Crown.

His Majesty will willingly consent to the Act for the confirmation of the privileges and customs of the City of London, and all that is mentioned in the Propositions for their particular advantage.

And now that His Majesty hath thus far endeavoured to comply with the desires of his two Houses of Parliament, to the end that this agreement may be firm and lasting, without the least force or question of restraint to blemish the same, His Majesty earnestly desires presently to be admitted to his Parliament at Westminster, with that honour which is due to their Sovereign, there solemnly to confirm the same, and legally to pass the Acts before mentioned; and to give and receive as well satisfaction in all the remaining particulars, as likewise such other pledges of mutual love, trust and confidence, as shall most concern the good and prosperity of him and his people, upon which happy agreement His Majesty will despatch his directions to the Prince his son, to return immediately to him, and will undertake for his ready obedience thereunto.

71.

The Heads of the Proposals offered by the Army.

I. That (things hereafter proposed, being provided for by this Parliament) a certain period may (by Act of Parliament) be set for the ending of this Parliament (such period to be put within a year at most), and in the same Act provision to be made for the succession and constitution of Parliaments in future, as followeth:

1. That Parliaments may biennially be called and meet at a certain day, with such provision for the certainty thereof, as in the late Act was made for triennial Parliaments; and what further or other provision shall be found needful by the Parliament to reduce it to more certainty; and upon the passing of this, the said Act for triennial Parliaments to be repealed.

2. Each biennial Parliament to sit 120 days certain (unless adjourned or dissolved sooner by their own consent), afterwards to be adjournable or dissolvable by the King, and no Parliament to sit past 240 days from their first meeting, or some other limited number of days now to be agreed on; upon the expiration whereof each Parliament to dissolve of course, if not otherwise dissolved sooner.

3. The King, upon advice of the Council of State, in the intervals between biennial Parliaments, to call a Parliament extraordinary, provided it meet above 70 days before the next biennial day, and be dissolved at least 60 days before the same; so as the course of biennial elections may never be interrupted.

4. That this Parliament and each succeeding biennial Parliament, at or before adjournment or dissolution thereof, may appoint Committees to continue during the interval for such purposes as are in any of these Proposals referred to such Committees.

5. That the elections of the Commons for succeeding Parliaments may be distributed to all counties, or other parts or divisions of the kingdom, according to some rule of equality or proportion, so as all counties may have a number of Parliament members allowed to their choice, proportionable to the respective rates they bear in the common charges and burdens of the kingdom, according to some other rule of equality or proportion, to render the House of Commons (as near as may be) an equal representative of the whole; and in order thereunto, that a present consideration be had to take off the elections of burgesses for poor decayed or inconsiderable towns, and to give some present addition to the number of Parliament members for great counties that have now less than their due proportion, to bring all (at present), as near as may be, to such a rule of proportion as aforesaid.

6. That effectual provision be made for future freedom of elections, and certainty of due returns.

7. That the House of Commons alone have the power from time to time to set down further orders and rules for the ends expressed in the two last preceding articles, so as to reduce the elections of members for that House to more and more perfection of equality in the distribution, freedom in the election, order in the proceeding thereto, and certainty in the returns, with orders and rules (in that case) to be in laws.

8. That there be a liberty for entering dissents in the House of Commons, with provision that no member be censurable for ought said or voted in the House further than to exclusion from that trust; and that only by the judgment of the House itself.

9. That the judicial power, or power of final judgment in the Lords and Commons (and their power of exposition and application of law, without further appeal), may be cleared; and that no officer of justice, minister of state, or other person adjudged by them, may be capable of protection or pardon from the King without their advice or consent.

10. That the right and liberty of the Commons of England may be cleared and vindicated as to a due exemption from any judgment, trial or other proceeding against them by the House of Peers, without the concurring judgment of the House of Commons: as also from any other judgment, sentence or proceeding against them, other than by their equals, or according to the law of the land.

11. The same Act to provide that grand jurymen may be chosen by and for several parts or divisions of each county respectively, in some equal way (and not to remain as now, at the discretion of an Under-Sheriff to be put on or off), and that such grand jurymen for their respective counties, may at each Assize present the name of persons to be made Justices of the Peace from time to time, as the county hath need for any to be added to the Commission, and at the Summer Assize to present the names of three persons, out of whom the King may prick one to be Sheriff for the next year.

II. For the future security of Parliament and the militia in general, in order thereunto, that it be provided by Act of Parliament:

1. That the power of the militia by sea and land, during the space of ten years next ensuing, shall be ordered and disposed by the Lords and Commons assembled, and to be assembled in the Parliament or Parliaments of England, by such persons as they shall nominate and appoint for that purpose from time to time during the said space.

2. That the said power shall not be ordered, disposed or exercised by the King’s Majesty that now is, or by any person or persons by any authority derived from him, during the said space, or at any time hereafter by His said Majesty, without the advice and consent of the said Lords and Commons, or of such Committees or Council in the intervals of Parliament as they shall appoint.

3. That during the same space of ten years the said Lords and Commons may by Bill or Ordinance raise and dispose of what moneys and for what forces they shall from time to time find necessary; as also for payment of the public debts and damages, and for all other the public uses of the kingdom.

4. And to the end the temporary security intended by the three particulars last precedent may be the better assured, it may therefore be provided,

That no subjects that have been in hostility against the Parliament in the late war, shall be capable of bearing any office of power or public trust in the Commonwealth during the space of five years, without the consent of Parliament or of the Council of State; or to sit as members or assistants of either House of Parliament, until the second biennial Parliament be passed.

III. For the present form of disposing the militia in order to the peace and safety of this kingdom and the service of Ireland:

1. That there be Commissioners for the Admiralty, with the Vice-Admiral and Rear-Admiral, now to be agreed on, with power for the forming, regulating, appointing of officers and proyiding for the Navy, and for ordering the same to, and in the ordinary service of the Kingdom; and that there be a sufficient provision and establishment for pay and maintenance thereof.

2. That there be a General for command of the land forces that are to be in pay both in England, Ireland and Wales, both for field and garrison.

3. That there be Commissioners in the several counties for the standing militia of the respective counties (consisting of trained bands and auxiliaries not in pay), with power for the proportioning, forming, regulating, training and disciplining of them.

4. That there be a Council of State, with power to superintend and direct the several and particular powers of the militia last mentioned, for the peace and safety of this kingdom, and of Ireland.

5. That the same Council may have power as the King’s Privy Council, for and in all foreign negotiations; provided that the making of war or peace with any other kingdom or state shall not be without the advice and consent of Parliament.

6. That the said power of the Council of State be put into the hands of trusty and able persons now to be agreed on, and the same persons to continue in that power (si bene se gesserint) for the certain term not exceeding seven years.

7. That there be a sufficient establishment now provided for the salary forces both in England and Ireland, the establishment to continue until two months after the meeting of the first biennial Parliament.

IV. That an Act be passed for disposing the great offices for ten years by the Lords and Commons in Parliament; or by such Committees as they shall appoint for that purpose in the intervals (with submission to the approbation of the next Parliament), and after ten years they to nominate three, and the King out of that number to appoint one for the succession upon any vacancy.

V. That an Act be passed for restraining of any Peers made since the 21st day of May, 1642, or to be hereafter made, from having any power to sit or vote in Parliament without consent of both Houses.

VI. That an Act be passed for recalling and making void all declarations and other proceedings against the Parliament, or against any that have acted by or under their authority in the late war, or in relation to it; and that the Ordinances for indemnity may be confirmed.

VII. That an Act be passed for making void all grants, &c. under the Great Seal, that was conveyed away from the Parliament, since the time that it was so conveyed away (except as in the Parliament’s propositions), and for making those valid that have been or shall be passed under the Great Seal, made by the authority of both Houses of Parliament.

VIII. That an Act be passed for confirmation of the Treaties between the two kingdoms of England and Scotland, and for appointing conservators of the peace between them.

IX. That the Ordinance for taking away the Court of Wards and Liveries be confirmed by Act of Parliament; provided His Majesty’s revenue be not damnified therein, nor those that last held offices in the same left without reparation some other way.

X. An Act to declare void the cessation of Ireland, &c., and to leave the prosecution of that war to the Lords and Commons in the Parliament of England.

XI. An Act to be passed to take away all coercive power, authority, and jurisdiction of Bishops and all other Ecclesiastical Officers whatsoever, extending to any civil penalties upon any: and to repeal all laws whereby the civil magistracy hath been, or is bound, upon any ecclesiastical censure to proceed (ex officio) unto any civil penalties against any persons so censured.

XII. That there be a repeal of all Acts or clauses in any Act enjoining the use of the Book of Common Prayer, and imposing any penalties for neglect thereof; as also of all Acts or clauses of any Act, imposing any penalty for not coming to church, or for meetings elsewhere for prayer or other religious duties, exercises or ordinances, and some other provision to be made for discovering of Papists and Popish recusants, and for disabling of them, and of all Jesuits or priests from disturbing the State.

XIII. That the taking of the Covenant be not enforced upon any, nor any penalties imposed on the refusers, whereby men might be restrained to take it against their judgments or consciences; but all Orders and Ordinances tending to that purpose to be repealed.

XIV. That (the things here before proposed being provided, for settling and securing the rights, liberties, peace and safety of the kingdom) His Majesty’s person, his Queen, and royal issue, may be restored to a condition of safety, honour and freedom in this nation, without diminution to their personal rights, or further limitation to the exercise of the regal power than according to the particulars foregoing

XV. For the matter of composition:

1. That a less number out of the persons excepted in the two first qualifications (not exceeding five for the English) being nominated particularly by the Parliament, who (together with the persons in the Irish Rebellion, included in the third qualification) may be reserved to the further judgment of the Parliament as they shall find cause, all other excepted persons may be remitted from the exception, and admitted to composition.

2. That the rates of all future compositions may be lessened and limited, not to exceed the several proportions hereafter expressed respectively. That is to say,

• (1) For all persons formerly excepted, not above a third part.
• (2) For the late members of Parliament under the first branch of the fourth qualification in the Propositions, a fourth part.
• (3) For other members of Parliament in the second and third branches of the same qualification, a sixth part.
• (4) For the persons nominated in the said fourth qualification, and those included in the tenth qualification, an eighth part.
• (5) For all others included in the sixth qualification, a tenth part: and that real debts either upon record, or proved by witnesses, be considered and abated in the valuation of their estates in all the cases aforesaid.

3. That those who shall hereafter come to compound, may not have the Covenant put upon them as a condition without which they may not compound, but in case they shall not willingly take it, they may pass their compositions without it.

4. That the persons and estates of all English not worth £200 in land or goods, be at liberty and discharged: and that the King’s menial servants that never took up arms, but only attended his person according to their offices, may be freed from composition, or to pay (at most) but the proportion of one year’s revenue, or a twentieth part.

5. That in order to the making and perfecting of compositions at the rates aforesaid, the rents, revenues, and other duties and profits of all sequestered estates whatsoever (except the estates of such persons who shall be continued under exception as before), be from henceforth suspended and detained in the hands of the respective tenants, occupants and others from whom they are due, for the space of six months following.

6. That the faith of the army, or other forces of the Parliament given in articles upon surrenders to any of the King’s party, may be fully made good; and where any breach thereof shall appear to have been made, full reparation and satisfaction may be given to the parties injured, and the persons offending (being found out) may be compelled thereto.

XVI. That there may be a general Act of Oblivion to extend unto all (except the persons to be continued in exception as before), to absolve from all trespasses, misdemeanours, &c. done in prosecution of the war; and from all trouble or prejudice for or concerning the same (after their compositions past), and to restore them to all privileges, &c. belonging to other subjects, provided as in the fourth particular under the second general head aforegoing concerning security.

And whereas there have been of late strong endeavours and practices of a factious and desperate party to embroil this kingdom in a new war, and for that purpose to induce the King, the Queen, and the Prince to declare for the said party, and also to excite and stir up all those of the King’s late party to appear and engage for the same, which attempts and designs, many of the King’s party (out of their desires to avoid further misery to the kingdom) have contributed their endeavours to prevent (as for divers of them we have had particular assurance): we do therefore desire, that such of the King’s party who shall appear to have expressed, and shall hereafter express, that way their good affections to the peace and welfare of the kingdom, and to hinder the embroiling of the same in a new war, may be freed and exempted from compositions, or to pay but one year’s revenue, or a twentieth part.

These particulars aforegoing are the heads of such Proposals as we have agreed on to tender in order to the settling of the peace of this kingdom, leaving the terms of peace for the kingdom of Scotland to stand as in the late Propositions of both kingdoms, until that kingdom shall agree to any alteration.

Next to the Proposals aforesaid for the present settling of a peace, we shall desire that no time may be lost by the Parliament for despatch of other things tending to the welfare, ease and just satisfaction of the kingdom, and in special manner:

I. That the just and necessary liberty of the people to represent their grievances and desires by way of petition, may be cleared and vindicated, according to the fifth head in the late representation or Declaration of the army sent from St. Albans1 .

II. That (in pursuance of the same head in the said Declaration) the common grievances of this people may be speedily considered of, and effectually redressed, and in particular,

1. That the excise may be taken off from such commodities, whereon the poor people of the land do ordinarily live, and a certain time to be limited for taking off the whole.

2. That the oppressions and encroachments of forest laws may be prevented for the future.

3. All monopolies (old or new) and restraints to the freedom of trade to be taken off.

4. That a course may be taken, and Commissioners appointed to remedy and rectify the inequality of rates lying upon several counties, and several parts of each county in respect of others, and to settle the proportion of land rates to more equality throughout the kingdom; in order to which we shall offer some further particulars, which we hope may be useful.

5. The present unequal troublesome and contentious way of ministers’ maintenance by tithes to be considered of, and some remedy applied.

6. That the rules and course of law, and the officers of it, may be so reduced and reformed, as that all suits and questions of right may be more clear and certain in the issues, and not so tedious nor chargeable in the proceedings as now; in order to which we shall offer some further particulars hereafter.

7. That prisoners for debt or other creditors (who have estates to discharge them) may not by embracing imprisonment, or any other ways, have advantage to defraud their creditors, but that the estates of all men may be some way made liable to their debts (as well as tradesmen are by commissions of bankrupt), whether they be imprisoned for it or not; and that such prisoners for debt, who have not wherewith to pay, or at least do yield up what they have to their creditors, may be freed from imprisonment or some way provided for, so as neither they nor their families may perish by imprisonment.

8. Some provision to be made, that none may be compelled by penalty or otherwise to answer unto questions tending to the accusing of themselves or their nearest relations in criminal causes; and no man’s life to be taken away under two witnesses.

9. That consideration may be had of all Statutes, and the laws or customs of Corporations, imposing any oaths either to repeal, or else to qualify and provide against the same, so far as they may extend or be construed to the molestation or ensnaring of religious and peaceable people, merely for nonconformity in religion.

III. That according to the sixth head in the Declaration of the army, the large power given to Committees or Deputy-Lieutenants during the late times of war and distraction, may be speedily taken into consideration to be recalled and made void, and that such powers of that nature as shall appear necessary to be continued, may be put into a regulated way, and left to as little arbitrariness as the statute and necessity of the things (wherein they are conversant) will bear.

IV. That (according to the seventh head in the said Declaration) an effectual course may be taken that the kingdom may be righted, and satisfied in point of accompts for the vast sums that have been levied.

V. That provision may be made for payment of arrears to the army, and the rest of the soldiers of the kingdom who have concurred with the army in the late desires and proceedings thereof; and in the next place for payment of the public debts and damages of the kingdom; and that to be performed, first to such persons whose debt or damages (upon the public account) are great, and their estates small, so as they are thereby reduced to a difficulty of subsistence: in order to all which, and to the fourth particular last proceeding, we shall speedily offer some further particulars (in the nature of rules), which we hope will be of good use towards public satisfaction.

August 1, 1647.

Signed by the appointment of his Excellency Sir Thomas Fairfax and the Council of War.

J. Rushworth.

72.

The King’s answer to the Propositions of Parliament.

Charles Rex.

His Majesty cannot choose but be passionately sensible (as he believes all his good subjects are) of the late great distractions, and still languishing and unsettled state of this kingdom; and he calls God to witness, and is willing to give testimony to all the world, of his readiness to contribute his utmost endeavours for restoring it to a happy and flourishing condition.

His Majesty having perused the Propositions now brought to him, finds them the same in effect which were offered to him at Newcastle: to some of which, as he could not then consent without violation of his conscience and honour, so neither can he agree to others now, conceiving them in many respects more disagreeable to the present condition of affairs than when they were formerly presented to him, as being destructive to the main principal interests of the army, and of all those whose affections concur with them: and His Majesty having seen the Proposals of the army to the Commissioners from his two Houses residing with them, and with them to be treated on in order to the clearing and securing the right and liberties of the kingdom, and the settling a just and lasting peace, to which Proposals, as he conceives his two Houses not to be strangers, so he believes they will think with him, that they much more conduce to the satisfaction of all interests, and may be a fitter foundation for a lasting peace, than the Propositions which at this time are tendered to him.

He therefore propounds (as the best way in his judgment in order to peace) that his two Houses would instantly take into consideration those Proposals, upon which there may be a personal treaty with His Majesty, and upon such other Propositions as His Majesty shall make, hoping that the said Proposals may be so moderated in the said treaty as to render them the more capable of His Majesty’s full concessions, wherein he resolves to give full satisfaction unto his people for whatsoever shall concern the settling of the Protestant profession, with liberty to tender consciences, and the securing of the laws, liberties and properties of all his subjects, and the just privileges of Parliament for the future; and likewise by his present deportment in this treaty, he will make the world clearly judge of his intentions in the matter of future government: in which treaty His Majesty will be pleased (if it be thought fit) that Commissioners from the army (whose the Proposals are) may likewise be admitted.

His Majesty therefore conjures his two Houses of Parliament by the duty they owe to God and His Majesty their King, and by the bowels of compassion they have to their fellow subjects, both for relief of their present sufferings, and to prevent future miseries, that they will forthwith accept His Majesty’s offer, whereby the joyful news of peace may be restored to this distressed kingdom.

And for what concerns the kingdom of Scotland mentioned in the Propositions, His Majesty will very willingly treat upon those particulars with Scotch Commissioners, and doubts not but to give a reasonable satisfaction to that His Majesty’s kingdom.

73.

Letter of Charles I to the Speaker of the House of Lords.

Charles Rex.

His Majesty is confident, that before this time, his two Houses of Parliament have received the message which he left behind him at Hampton Court the 11th of this month; by which they will have understood the reasons which enforced him to go from thence; as likewise his constant endeavours for the settling of a safe and well-grounded peace wheresoever he should be; and being now in a place where he conceives himself to be at much more freedom and security than formerly, he thinks it necessary, not only for making good of his own professions, but also for the speedy procuring of a peace in these languishing and distressed kingdoms, at this time to offer such grounds to his two Houses for that effect, which upon due examination of all interest may best conduce thereunto.

And because religion is the best and chiefest foundation of peace, His Majesty will begin with that particular.

That for the abolishing Archbishops, Bishops, &c. His Majesty clearly professeth that he cannot give his consent thereunto, both in relation as he is a Christian and a King; for the first he avows, that he is satisfied in his judgment that this order was placed in the Church by the Apostles themselves, and ever since their time hath continued in all Christian Churches throughout the world, until this last century of years; and in this Church in all times of change and reformation it hath been upheld by the wisdom of his ancestors, as the great preserver of doctrine, discipline and order in the service of God. As a King at his coronation, he hath not only taken a solemn oath to maintain this order, but His Majesty and his predecessors in their confirmations of the Great Charter, have inseparably woven the right of the Church into the liberty of the subjects; and yet he is willing it be provided, that the particular Bishops perform their several duties of their callings, both by their personal residence and frequent preaching in their dioceses, as also that they exercise no act of jurisdiction or ordination, without the consent of their Presbyters, and will consent that their powers in all things be so limited, that they be not grievous to the tender consciences of others. He sees no reason why he alone, and those of his judgment, should be pressed to a violation of theirs: nor can His Majesty consent to the alienation of Church lands, because it cannot be denied to be a sin of the highest sacrilege; as also that it subverts the intentions of so many pious donors, who have laid a heavy curse upon all such profane violations, which His Majesty is very unwilling to undergo; and besides the matter of consequence, His Majesty believes it to be a prejudice to the public good, many of his subjects having the benefit of renewing leases at much easier rates than if those possessions were in the hands of private men; not omitting the discouragement it will be to all learning and industry, when such eminent rewards shall be taken away, which now lie open to the children of meanest persons. Yet His Majesty, considering the great present distempers concerning Church discipline, and that the Presbyterian government is now in practice, His Majesty, to eschew confusion as much as may be, and for the satisfaction of his two Houses, is content that the same government be legally permitted to stand in the same condition it now is for three years; provided that His Majesty and those of his judgment, or any other who cannot in conscience submit thereunto, be not obliged to comply with the Presbyterian government, but have free practice of their own profession, without receiving any prejudice thereby; and that a free consultation and debate be had with the divines of Westminster (twenty of His Majesty’s nomination being added unto them); whereby it may be determined by His Majesty and the two Houses, how the Church government after the said time shall be settled (or sooner, if differences may be agreed), as is most agreeable to the Word of God, with full liberty to all those who shall differ upon conscientious grounds from that settlement; always provided, that nothing aforesaid be understood to tolerate those of the Popish profession, nor exempting any Popish recusant from the penalties of the laws; or to tolerate the public profession of Atheism or blasphemy, contrary to the doctrine of the Apostles’, Nicene and Athanasian Creeds, they having been received by, and had in reverence of all the Christian Churches, and more particularly by this of England, ever since the Reformation.

Next the militia being that right, which is inseparably and undoubtedly inherent to the Crown by the laws of this nation, and that which former Parliaments, as likewise this, have acknowledged so to be, His Majesty cannot so much wrong that trust, which the laws of God and this land hath annexed to the Crown, for the protection and security of his people, as to divest himself and successors of the power of the sword; yet to give an infallible evidence of his desire to secure the performance of such agreements as shall be made in order to a peace, His Majesty will consent to an Act of Parliament, that the whole power of the militia, both by sea and land, for and during his whole reign, shall be ordered and disposed by the two Houses of Parliament, or by such persons as they shall appoint, with powers limited for suppressing of forces within this kingdom to the disturbance of the public peace, and against foreign invasion; and that they shall have power during his said reign to raise monies for the purpose aforesaid; and that neither His Majesty that now is, or any other by any authority derived only from him, shall execute any of the said powers during His Majesty’s said reign, but such as shall act by the consent and approbation of the two Houses of Parliament: nevertheless His Majesty intends that all patents, commissions, and other acts concerning the militia, be made and acted as formerly; and that after His Majesty’s reign, all the power of the militia shall return entirely to the Crown, as it was in the times of Queen Elizabeth and King James of blessed memory.

After this head of the militia, the consideration of the arrears due to the army is not improper to follow; for the payment whereof, and the ease of his people, His Majesty is willing to concur in any thing that can be done without the violation of his conscience and honour.

Wherefore if his two Houses shall consent to remit unto him such benefit out of sequestrations from Michaelmas last, and out of compositions that shall be made before the concluding of the peace, and the arrears of such as have been already made, the assistance of the clergy, and the arrears of such rents of his own revenue as his two Houses shall not have received before the concluding of the peace, His Majesty will undertake within the space of eighteen months the payment of £400,000 for the satisfaction of the army; and if those means shall not be sufficient, His Majesty intends to give way for the sale of forest lands for that purpose. This being the public debt which in His Majesty’s judgment is first to be satisfied: and for other public debts already contracted upon Church lands or any other engagements, His Majesty will give his consent to such Act or Acts for raising of monies for payment thereof, as both Houses hereafter shall agree upon, so as they be equally laid; whereby his people, already too heavily burdened by these late distempers, may have no more pressures upon them than this absolute necessity requires.

And for the further securing all fears, His Majesty will consent that an Act of Parliament be passed for the disposing of the great offices of State, and naming of Privy Councillors for the whole term of his reign, by the two Houses of Parliament, their patents and commissions being taken from His Majesty, and after to return to the Crown, as is expressed in the articles of the militia. For the Court of Wards and Liveries, His Majesty very well knows the consequence of taking that away, by turning of all tenures into common socage, as well in point of revenue to the Crown, as in the protection of many of his subjects being infants; nevertheless, if the continuance thereof seem grievous to his subjects, rather than he will fail on his part in giving satisfaction, he will consent to an Act for taking of it away, so as a full recompense be settled upon His Majesty and his successors in perpetuity; and that the arrears now due be reserved unto him towards the payment of the arrears of the army.

And that the memory of these late distractions may be wholly wiped away, His Majesty will consent to an Act of Parliament for the suppressing and making null all Oaths, Declarations and Proclamations against both or either House of Parliament, and of all indictments and other proceedings against any persons for adhering unto them; and His Majesty proposeth, as the best expedient to take away all seed of future differences, that there be an Act of Oblivion to extend to all his subjects.

As for Ireland, the cessation therein long since determined; but for the future, all other things being fully agreed, His Majesty will give full satisfaction to His Houses concerning that kingdom.

And although His Majesty cannot consent in honour and justice to avoid all his own grants and acts passed under his Great Seal since the 22nd of May 1642, or to the confirming of all the grants and acts passed under that made by the two Houses, yet His Majesty is confident, that upon perusal of particulars, he shall give full satisfaction to his two Houses to what may be reasonably desired in that particular.

And now His Majesty conceives, that by these his offers, which he is ready to make good upon the settlement of a peace, he hath clearly manifested his intentions to give full security and satisfaction to all interests, for what can justly be desired in order to the future happiness of his people, and for the perfecting of these concessions, as also for such other things as may be proposed by the two Houses; and for such just and reasonable demands as His Majesty shall find necessary to propose on his part, he earnestly desires a personal treaty at London with his two Houses, in honour, freedom and safety; it being, in his judgment, the most proper, and indeed only means to a firm and settled peace, and impossible without it to reconcile former, or avoid future misunderstandings.

All these being by treaty perfected, His Majesty believes his two Houses will think it reasonable that the Proposals of the army concerning the succession of Parliaments, and their due elections, should be taken into consideration.

As for what concerns the kingdom of Scotland, His Majesty will very readily apply himself to give all reasonable satisfaction, when the desires of the two Houses of Parliament on their behalf, or of the Commissioners of that kingdom, or of both joined together, shall be made known unto him.

For the Speaker of the Lords’ House pro tempore, to be communicated to the Lords and Commons in the Parliament of England, at Westminster, and the Commissioners of the Parliament of Scotland.

Charles Rex.

74.

The Agreement of the People, as presented to the Council of the Army.

An Agreement of the People for a firm and present peace upon grounds of common right.

Having by our late labours and hazards made it appear to the world at how high a rate we value our just freedom, and God having so far owned our cause as to deliver the enemies thereof into our hands, we do now hold ourselves bound in mutual duty to each other to take the best care we can for the future to avoid both the danger of returning into a slavish condition and the chargeable remedy of another war; for, as it cannot be imagined that so many of our countrymen would have opposed us in this quarrel if they had understood their own good, so may we safely promise to ourselves that, when our common rights and liberties shall be cleared, their endeavours will be disappointed that seek to make themselves our masters. Since, therefore, our former oppressions and scarce-yet-ended troubles have been occasioned, either by want of frequent national meetings in Council, or by rendering those meetings ineffectual, we are fully agreed and resolved to provide that hereafter our representatives be neither left to an uncertainty for the time nor made useless to the ends for which they are intended. In order whereunto we declare:—

That the people of England, being at this day very unequally distributed by Counties, Cities, and Boroughs for the election of their deputies in Parliament, ought to be more indifferently proportioned according to the number of the inhabitants; the circumstances whereof for number, place, and manner are to be set down before the end of this present Parliament.

II.

That, to prevent the many inconveniences apparently arising from the long continuance of the same persons in authority, this present Parliament be dissolved upon the last day of September which shall be in the year of our Lord 1648

III.

That the people do, of course, choose themselves a Parliament once in two years, viz. upon the first Thursday in every 2d March1 , after the manner as shall be prescribed before the end of this Parliament, to begin to sit upon the first Thursday in April following, at Westminster or such other place as shall be appointed from time to time by the preceding Representatives, and to continue till the last day of September then next ensuing, and no longer.

IV.

That the power of this, and all future Representatives of this Nation, is inferior only to theirs who choose them, and doth extend, without the consent or concurrence of any other person or persons, to the enacting, altering, and repealing of laws, to the erecting and abolishing of offices and courts, to the appointing, removing, and calling to account magistrates and officers of all degrees, to the making war and peace, to the treating with foreign States, and, generally, to whatsoever is not expressly or impliedly reserved by the represented to themselves:

Which are as followeth.

1. That matters of religion and the ways of God’s worship are not at all entrusted by us to any human power, because therein we cannot remit or exceed a tittle of what our consciences dictate to be the mind of God without wilful sin: nevertheless the public way of instructing the nation (so it be not compulsive) is referred to their discretion.

2. That the matter of impresting and constraining any of us to serve in the wars is against our freedom; and therefore we do not allow it in our Representatives; the rather, because money (the sinews of war), being always at their disposal, they can never want numbers of men apt enough to engage in any just cause.

3. That after the dissolution of this present Parliament, no person be at any time questioned for anything said or done in reference to the late public differences, otherwise than in execution of the judgments of the present Representatives or House of Commons.

4. That in all laws made or to be made every person may be bound alike, and that no tenure, estate, charter, degree, birth, or place do confer any exemption from the ordinary course of legal proceedings whereunto others are subjected.

5. That as the laws ought to be equal, so they must be good, and not evidently destructive to the safety and well-being of the people.

These things we declare to be our native rights, and therefore are agreed and resolved to maintain them with our utmost possibilities against all opposition whatsoever; being compelled thereunto not only by the examples of our ancestors, whose blood was often spent in vain for the recovery of their freedoms, suffering themselves through fraudulent accommodations to be still deluded of the fruit of their victories, but also by our own woeful experience, who, having long expected and dearly earned the establishment of these certain rules of government, are yet made to depend for the settlement of our peace and freedom upon him that intended our bondage and brought a cruel war upon us.

75.

The Four Bills, with the Propositions accompanying them.

The Lords and Commons assembled in Parliament have commanded us to present to your Majesty these Four Bills, which have passed the two Houses of Parliament.

I.

Soit baillé aux Seigneurs,

A ceste Bille les Seigneurs sont assentuz.

An Act concerning the raising, settling and maintaining forces, by sea and land, within the kingdoms of England and Ireland and dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed.

Be it enacted by the King’s Majesty, and by the Lords and Commons assembled in Parliament, and by the authority of the same, that the Lords and Commons in the Parliament of England now assembled or hereafter to be assembled, shall, during the space of twenty years, from the 1st of November, 1647, arm, train and discipline, or cause to be armed, trained and disciplined, all the forces of the kingdoms of England and Ireland and the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, already raised both for sea and land service; and shall appoint all commanders and officers for the said forces; and shall from time to time, during the said space of twenty years, raise, levy, arm, train and discipline, or cause to be raised, levied, armed, trained and disciplined any other forces for land and sea service, in the kingdoms, dominions and places aforesaid, as in their judgments they shall, from time to time, during the said space of twenty years, think fit and appoint; and shall, from time to time, appoint all commanders and officers for the said forces, or remove them as they shall see cause; and shall likewise nominate, appoint, place or displace, as they shall see cause, all commanders and officers within the several garrisons, forts and places of strength, as shall be within the kingdoms of England, Ireland and dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed; and that neither the King, his heirs or successors, nor any other but such as shall act by the authority or approbation of the said Lords and Commons, shall, during the said space of twenty years, exercise any of the powers aforesaid.

And be it further enacted, by the authority aforesaid, that monies be raised and levied for the maintenance and use of the said forces for land service, and of the navy and forces for sea service, in such sort and by such ways and means, as the said Lords and Commons shall, from time to time, during the said space of twenty years, think fit and appoint, and not otherwise; and that the said forces both for land and sea service, so raised or levied, or to be raised or levied; and also the Admiralty or navy shall, from time to time, during the said space of twenty years, be employed, managed, ordered, disposed or disbanded by the said Lords or Commons, in such sort, and by such ways and means, as they shall think fit and appoint, and not otherwise.

And be it further enacted, by the authority aforesaid, that the said Lords and Commons, during the said space of twenty years, shall have power in such sort, and by such ways and means as they shall think fit and appoint, to suppress all forces raised without authority and consent of the said Lords and Commons, to the disturbance of the public peace of the kingdoms of England and Ireland and dominion of Wales, and the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any of them; and also to suppress any foreign forces who shall invade, or endeavour to invade, the kingdoms of England and Ireland and dominion of Wales, and the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any of them; and likewise to conjoin such forces of the kingdom of England with the forces of the kingdom of Scotland, as the said Lords and Commons shall, from time to time, during the said space of twenty years, judge fit and necessary to resist all foreign invasions, and to suppress any forces raised, or to be raised, against or within either of the said kingdoms, to the disturbance of the public peace of the said kingdoms, or any of them, by any authority under the Great Seal, or other warrant whatsoever, without consent of the said Lords and Commons of the Parliament of England and the Parliament or the Estates of the Parliament of Scotland respectively: and that no forces of either kingdoms shall go into or continue in the other kingdom without the advice and desire of the said Lords and Commons of the Parliament of England, and the Parliament of Scotland, or such as shall be by them respectively appointed for that purpose.

And be it enacted by the authority aforesaid, that after the expiration of the said twenty years, neither the King, his heirs or successors, or any person or persons, by colour or pretence of any commission, power, deputation or authority to be derived from the King, his heirs or successors, or any of them, shall raise, arm, train, discipline, employ, order, manage, disband or dispose of any of the forces, by sea and land, of the kingdoms of England and Ireland, the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any of them: nor exercise any of the said powers or authorities before mentioned and expressed to be, during the said space of twenty years, in the said Lords and Commons: nor do any act or thing concerning the execution of the said powers or authorities, or any of them, without the consent of the said Lords and Commons first had and obtained.

And be it further also enacted, that after the expiration of the said twenty years, in all cases wherein the said Lords and Commons shall declare the safety of the kingdom to be concerned, and shall thereupon pass any Bill or Bills for the raising, arming, training, disciplining, employing, managing, ordering or disposing of the forces by sea or land, of the kingdoms of England and Ireland, the dominion of Wales, the isles of Guernsey and Jersey, and the town of Berwick-upon-Tweed, or any part of the said forces, or concerning the said Admiralty or navy, or concerning the levying of monies for the raising, maintenance, or use of the said forces for land service, or of the navy and forces for sea service, or any part of them, and if that the royal assent to such Bill or Bills shall not be given in the House of Peers, within such time after the passing thereof by both Houses of Parliament as the said Houses shall judge fit and convenient, that then such Bill or Bills so passed by the said Lords and Commons as aforesaid, and to which the royal assent shall not be given as is herein before expressed, shall nevertheless, after Declaration of the said Lords and Commons made in that behalf, have the force and strength of an Act or Acts of Parliament; and shall be valid, to all intents and purposes, as if the royal assent had been given thereunto.

Provided always, and be it further enacted, by the authority aforesaid, that nothing hereinbefore contained shall extend to the taking away of the ordinary legal power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs or other officers of justice, not being military officers, concerning the administration of justice; so as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other officers, or any of them, do levy, conduct, employ, or command any forces whatsoever, by colour or pretence of any Commission of Array, or extraordinary command from His Majesty, his heirs or successors, without the consent of the said Lords and Commons; and that if any persons shall be gathered and assembled together in warlike manner, or otherwise, to the number of thirty persons, and shall not forthwith separate and disperse themselves, being required thereto by the said Lords and Commons, or command from them, or any of them especially authorised for that purpose, then such person and persons, not so separating and dispersing themselves, shall be guilty, and incur the pains of high treason; being first declared guilty of such offence by the said Lords and Commons, any Commission under the Great Seal, or other warrant to the contrary notwithstanding; and he or they that shall offend herein, shall be incapable of any pardon from His Majesty, his heirs and successors, and their estates shall be disposed as the said Lords and Commons shall think fit, and not otherwise.

Provided also further, that the City of London shall have and enjoy all their rights, liberties, franchises, customs and usages in the raising and employing the forces of that City for the defence thereof, in as full and ample manner, to all intents and purposes, as they have, or might have, used or enjoyed the same at any time before the sitting of this present Parliament.

II.

Soit baillé aux Seigneurs,

A ceste Bille les Seigneurs sont assentuz.

An Act for justifying the proceedings of Parliament in the late war, and for declaring all Oaths, Declarations, Proclamations and other proceedings against it to be void.

Whereas the Lords and Commons assembled in Parliament have been necessitated to make and prosecute a war in their just and lawful defence; and thereupon Oaths, Declarations and Proclamations have been made against them, and their Ordinances and proceedings, and against others for adhering unto them, and for executing offices, places and charges by authority derived from them; and judgments, indictments, outlawries, attainders and inquisitions for the causes aforesaid have been had and made against some of the members of the Houses of Parliament, and other His Majesty’s good subjects, and grants have been made of their lands and goods:

Be it therefore declared, and hereby enacted, by the King’s Majesty, and by the Lords and Commons assembled in Parliament, and by authority of the same, that all Oaths, Declarations, and Proclamations heretofore had or made against both or either of the Houses of Parliament, or any of the members of either of them, for the causes aforesaid, or against their Ordinances or proceedings, or against any for adhering unto them, or for doing or executing any office, place or charge, by any authority derived from the said Houses, or either of them, and all judgments, indictments, outlawries, attainders, inquisitions and grants thereupon made, and all other proceedings for any the causes aforesaid, had, made, done or executed, or to be had, made, done or executed, whether the same be done by the King or any Judges, Justices, Sheriffs, Ministers, or any others, are void and of no effect, and are contrary to and against the laws of this realm.

And be it further enacted, and hereby declared, by the authority aforesaid, that all Judges, Justices of the Peace, Mayors, Sheriffs, Constables, and other Officers and Ministers shall take notice hereof; and are hereby prohibited and discharged, in all time to come, from awarding any writ, process or summons, and from pronouncing or executing any judgment, sentence or decree, or any way proceeding against or molesting any of the said members of the two Houses of Parliament, or against any of the subjects of this kingdom, for any of the causes aforesaid.

III.

Soit baillé aux Seigneurs,

A ceste Bille les Seigneurs sont assentuz.

An Act concerning Peers lately made and hereafter to be made.

Be it enacted, by the King’s Majesty and by the Lords and Commons assembled in Parliament, that all honour and title of peerage conferred on any since the 20th day of May, 1642 (being the day that Edward Lord Lyttelton, then Lord-Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament), be and is hereby made and declared null and void.

Be it further enacted, and it is hereby enacted, by the authority aforesaid, that no person that shall hereafter be made a Peer, or his heirs, shall sit or vote in the Parliament of England without consent of both Houses of Parliament.

IV.

Soit baillé aux Seigneurs,

A ceste Bille les Seigneurs sont assentuz.

An Act concerning the adjournments of both Houses of Parliament.

Be it declared and enacted, by the King’s Majesty and by the Lords and Commons assembled in Parliament, and by the authority of the same, that when and as often as the Lords and Commons assembled in this present Parliament shall judge it necessary to adjourn both Houses of the present Parliament to any other place of the kingdom of England than where they now sit, or from any place adjourn the same again to the place where they now sit, or to any other place within the kingdom of England, then such their adjournment and adjournments to such place, and for such time as they shall appoint, shall at all times, and from time to time, be valid and good, any Act, Statute or usage to the contrary notwithstanding.

Provided always, and be it enacted by the authority aforesaid, that no adjournment or adjournments to be had or made, by reason or colour of this Act, shall be deemed, adjudged or taken to make, end or determine any Session of this present Parliament.

And they have also commanded us to present to your Majesty these ensuing Propositions:—

1. That an Act or Acts of Parliament be passed, that all grants, commissions, presentations, &c. (This Proposition is the same with the nineteenth Proposition presented to the King at Newcastle. See p. [3051 ].)

2. That an Act or Acts of Parliament be passed, that the King do give his royal assent to such Act or Acts, for raising monies, &c. (This is the same with the sixth clause of the twelfth Proposition, at Newcastle, p. [293].)

3. That the King do give his consent, that the members of both Houses of Parliament, or others who have adhered to the Parliament, and have been put out by the King of any place or office, pension or benefit, be restored thereunto.

4. That an Act or Acts of Parliament be passed, to declare and make void the cessation of Ireland, &c. (The same as the seventeenth Proposition, p. [304].)

5. That an Act or Acts of Parliament be passed for indemnity, agreeable to the two Ordinances of both Houses already passed for that purpose.

6. That His Majesty be desired to give his assent to an Act or Acts of Parliament, for the taking away the Court of Wards and Liveries, and of all wardships, liveries, primer seisins and ouster les mains; and of all other charges incident unto, or arising for, or by reason of any wardships, liveries, primer seisins or ouster les mains; and of all tenures by homage, fines, licences, seizures and pardons for alienation; and of all other charges incident or belonging thereunto, or for or by reason thereof, from the 24th of February, 16451 , and that all tenures by knight service, grand sergeanty, petty sergeanty, or socage in capite, either of His Majesty, or of any other person or persons, may be, from the time aforesaid, turned into free and common socage, and that the sum of £50,000 per annum be granted to the King by way of recompense.

7. That an Act or Acts of Parliament shall be passed, declaring the King’s approbation of the making the Treaties between the kingdoms of England and Scotland, &c.2 .

8. That the arrears of pay due to the army and others the soldiery of this kingdom, who have faithfully served the Parliament in this war, shall be secured and paid unto them out of the remaining part of the lands and revenues of Archbishops and Bishops, belonging to their archbishoprics or bishoprics, after such engagements satisfied as are already charged thereupon by an Ordinance of both Houses of Parliament, and out of two-thirds in three to be divided of all the forfeitures of lands; and all the fines of the persons mentioned or comprehended in the three first qualifications of the Proposition concerning delinquents; and also out of all forest lands within the kingdom of England and dominion of Wales, provision being made upon the disafforestation thereof, for the relief of the inhabitants within the same, and all other the subjects of this realm, who have right of common, or any other right in the said forests; and that the King do give his consent to such Act or Acts as shall be presented to him by both Houses of Parliament, for the sale or disposing of the said lands and fines for the purpose aforesaid.

9. That an Act or Acts of Parliament be passed, for the utter abolishing and taking away of all Archbishops, Bishops, &c. (The same as the third Proposition, p. [291].)

10. That the several Ordinances, the one entitled ‘An Ordinance of Parliament for abolishing of Archbishops and Bishops within the kingdom of England and dominion of Wales; and for settling of their lands and possessions upon trustees for the use of the Commonwealth’; the other entitled ‘An Ordinance of the Lords and Commons assembled in Parliament for appointing the sale of Bishops’ lands for the use of the Commonwealth,’ be confirmed by Act of Parliament.

11. That the King do give his consent to such Act or Acts of Parliament as shall be tendered to him by both Houses of Parliament, for the sale of the lands of Deans and Sub-Deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chantors, Chancellors, Treasurers, Sub-Treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral or Collegiate Church, and for the disposal thereof, as both Houses shall think fit.

12. That the persons expressed and contained in the three first qualifications following be proceeded with and their estates disposed of as both Houses of Parliament shall think fit to appoint; and that their persons shall not be capable of pardon by His Majesty without consent of both Houses of Parliament; the Houses hereby declaring, that they will not proceed as to the taking away of life of any in the first qualification to above the number of seven persons.

First qualification.

Rupert and Maurice, Counts Palatine of the Rhine, &c.

The second, third and fourth qualifications, and the three branches of the fourth, the same as on pp. [299-301]. The fifth, sixth and seventh qualifications, the same as at pp. [301-2]. The eighth qualification, and the three branches thereof, are the same as the ninth at Newcastle, p. [302], the eighth of those being now dropped. The ninth qualification the same as the tenth. The tenth qualification the same as the eleventh, p. [303], except the omission of what regards Scotland, and the following addition:

Provided that all and every the delinquents, which by or according to the several and respective Ordinances or Orders made by both or either the Houses of Parliament, on or before the 24th day of April, 1647, are to be admitted to make their fines and compositions under the rate and proportions of the qualifications aforesaid, shall, according to the said Ordinances and Orders respectively, be thereunto admitted, and further also, that no person or persons whatsoever (except such Papists as having been in arms or voluntarily assisted against the Parliament, having by concealing their quality procured their admission to composition) which have already compounded, or shall hereafter compound, and be thereunto admitted by both Houses of Parliament, at any of the rates and propositions aforesaid, or under respectively, shall be put to any other fine than that they have or shall respectively so compound for; except for such estates, or such part of their estates, and for such values thereof respectively, as have been or shall be concealed or omitted in the particulars whereupon they compound; and that all and every of them shall have thereupon their pardons in such manner and form as is agreed by both Houses of Parliament.

13. That an Act or Acts be passed, whereby the debts of the kingdom, and the persons of delinquents, and the value of their estates may be known, &c.

(This is the second paragraph of the second branch of the eleventh qualification at p. [303].)

14. That the King be desired to give his consent to such Act or Acts of Parliament as shall be presented unto him for the settling of the Presbyterian government and directory in England and Ireland, according to such Ordinances as have already, since the sitting of this Parliament, passed both Houses, and are herewithal sent; which Act or Acts are to stand in force to the end of the next Session of Parliament after the end of this present Session.

That no persons whatsoever shall be liable to any question or penalty for nonconformity to the form of government and Divine Service appointed in the said Ordinances; and that all such persons as shall not conform to the said form of government and Divine Service, shall have liberty to meet for the service and worship of God, and for the exercise of religious duties and ordinances, in any fit and convenient places, so as nothing be done by them to the disturbance of the peace of the kingdom: that all tithes or other maintenance appertaining to any church or chapel, which do now belong to the Ministers of such churches or chapels, shall be applied to the use and benefit of such Ministers as do conform to the government settled in the said Ordinances, and to none other, unless it be by the consent of the present Incumbent.

That nothing in this provision shall extend to any toleration of the Popish religion, nor to exempt any Popish recusants from any penalties imposed upon them for the exercise of the same.

That this indulgence shall not extend to tolerate the printing, publishing or preaching of any thing contrary to the principles of the Christian religion, as they are contained in the first, second, third, fourth, fifth, sixth, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and fifteenth Articles of the Church of England, according to the true sense and meaning of them, and as they have been cleared and vindicated by the Assembly of Divines, now sitting at Westminster; nor of any thing contrary to those points of faith, for the ignorance whereof men are to be kept from the Sacrament of the Lord’s Supper, as they are contained in the rules and directions for that purpose, passed both Houses the 20th of October, 1645.

That it be also provided, that this indulgence shall not extend to exempt any person or persons from any penalty by law imposed, or to be imposed, upon them for absenting themselves upon the Lord’s Day from hearing the Word of God, unless they can show reasonable cause of their absence, or that they were present elsewhere to hear the Word of God preached or expounded unto them, so as the said preaching or expounding be not by any Minister sequestered and not restored.

That this indulgence shall not extend to tolerate the use of the Book of Common Prayer in any place whatsoever.

That liberty shall be given to all Ministers of the Gospel, though they cannot conform to the present Government in all things, being not under sequestration, nor sequesterable, to preach any lecture or lectures, in any church or chapel, where they shall be desired by the inhabitants thereof; provided that it be not at such hours as the Minister of the said parish doth ordinarily preach himself, and shall receive such means and maintenance as doth, or shall, thereunto appertain.

15. That an Act or Acts of Parliament be passed, that the Deputy or Chief Governor, or other Governors of Ireland, &c.

(This Proposition is the same as the third1 clause of the seventeenth presented at Newcastle, p. [304].)

(The sixteenth, seventeenth, eighteenth and nineteenth Articles, for the more effectual disabling of Jesuits and Papists from disturbing the State and eluding the laws; for the education of the children of Papists in the Protestant religion, &c., are the same as the seventh, eighth, ninth and tenth Propositions, at p. [292], but are now extended to Ireland.)

(The twentieth, twenty-first, twenty-second and twenty-third Articles relate to the observation of the Sabbath, innovations in worship, preaching, pluralities, non-residence; and are the same as the first four clauses of the twelfth Proposition, p. [293]. After which follows this instruction to the Commissioners of both Houses.)

They have also commanded us to desire that your Majesty will give your royal assent to these Bills, by your Letters Patent under the Great Seal of England, and signed by your hand, and declared and notified to the Lords and Commons assembled together in the House of Peers, according to the law declared in that behalf; it appearing unto them, upon mature deliberation, that it stands not with the safety and security of the kingdom and Parliament, to have your Majesty’s assent at this time given otherwise. They desire, therefore, that your Majesty be pleased to grant your warrant for the draught of a Bill for such your Letters Patent, to be presented to your Majesty; and then a warrant to Edward Earl of Manchester and William Lenthall, Esq., Speaker of the House of Commons, who have now the custody of the Great Seal of England, to put the same to such your Majesty’s Letters Patent signed as aforesaid, thereby authorising Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Philip Earl of Pembroke, William Earl of Salisbury, Robert Earl of Warwick, and Edmund Earl of Mulgrave, or any three of them, to give your Majesty’s royal assent unto the said Bills, according to the law in that behalf declared; and for the other particulars contained in the aforementioned Propositions, the two Houses of Parliament will, after such your Majesty’s assent given to the said Bills, send their Committee of both Houses to treat with your Majesty in the Isle of Wight thereupon.

76.

The Engagement between the King and the Scots.

Charles R.

His Majesty giving belief to the professions of those who have entered into the League and Covenant, and that their intentions are real for preservation of His Majesty’s person and authority according to their allegiance, and no ways to diminish his just power and greatness, His Majesty, so soon as he can with freedom, honour and safety be present in a free Parliament, is content to confirm the said League and Covenant by Act of Parliament in both kingdoms, for security of all who have taken or shall take the said Covenant, provided that none who is unwilling shall be constrained to take it. His Majesty will likewise confirm by Act of Parliament in England, Presbyterial government, the directory for worship, and Assembly of Divines at Westminster for three years, so that His Majesty and his household be not hindered from using that form of Divine Service he hath formerly practised; and that a free debate and consultation be had with the Divines at Westminster, twenty of His Majesty’s nomination being added unto them, and with such as shall be sent from the Church of Scotland, whereby it may be determined by His Majesty and the two Houses how the Church government, after the said three years, shall be fully established as is most agreeable to the Word of God: that an effectual course shall be taken by Act of Parliament, and all other ways needful or expedient, for suppressing the opinions and practices of Anti-Trinitarians, Anabaptists, Antinomians, Arminians, Familists, Brownists, Separatists, Independents, Libertines, and Seekers, and generally for suppressing all blasphemy, heresy, schism, and all such scandalous doctrines and practices as are contrary to the light of nature, or to the known principles of Christianity, whether concerning faith, worship or conversation, or to the power of Godliness, or which may be destructive to order and government, or to the peace of the Church and kingdom; that in the next Session of Parliament after that the kingdom of Scotland shall declare for His Majesty in pursuance of this Agreement, he shall in person or by commission confirm the League and Covenant according to the first Article. Concerning the Acts passed in the last triennial Parliament of his kingdom of Scotland, and the Committees appointed by the same, His Majesty is content then also to give assurance by Act of Parliament that neither he nor his successors shall quarrel, call in question, or command the contrary of any of them, nor question any for giving obedience to the same; and whereas after the return of the Scottish army to Scotland, the Houses of Parliament of England did resolve and appoint the army under command of Sir Thomas Fairfax to disband, and they having entered into an engagement to the contrary, His Majesty was carried away from Holdenby against his will by a party of the said army, and detained in their power until he was forced to fly from amongst them to the Isle of Wight; and since that time His Majesty and the Commissioners of the kingdom of Scotland have earnestly pressed that His Majesty might come to London in safety, honour and freedom for a personal treaty with the two Houses and the Commissioners of the Parliament of Scotland, which hath not been granted: and whereas the said army hath in a violent manner forced away divers members of both Houses from the discharge of their trust, and possessed themselves of the City of London and all the strengths and garrisons of the kingdom, and, through the power and influence of the said army and their adherents, Propositions and Bills have been sent to His Majesty without the advice and consent of the kingdom of Scotland, contrary to the Treaty between the kingdoms, which are destructive to religion, His Majesty’s just rights, the privileges of Parliament, and liberty of the subject, from which Propositions and Bills the said Scots Commissioners have dissented in the name of the kingdom of Scotland; and, forasmuch as His Majesty is willing to give satisfaction concerning the settling of religion and other matter in difference, as is expressed in this Agreement, the kingdom of Scotland doth oblige and engage themselves first in a peaceable way and manner to endeavour that His Majesty may come to London in safety, honour and freedom for a personal treaty with the Houses of Parliament and the Commissioners of Scotland upon such Propositions as shall be mutually agreed on between the kingdoms, and such Propositions as His Majesty shall think fit to make; and that for this end all armies may be disbanded, and in case this shall not be granted, that Declarations shall be omitted by the kingdom of Scotland in pursuance of this Agreement, against the unjust proceedings of the two Houses of Parliament towards His Majesty and the kingdom of Scotland, wherein they shall assert the right which belongs to the Crown in the power of the militia, the Great Seal, bestowing of honours and offices of trust, choice of Privy Councillors, the right of the King’s negative voice in Parliament; and that the Queen’s Majesty, the Prince, and the rest of the royal issue, ought to remain where His Majesty shall think fit, in either of the kingdoms, with safety, honour and freedom; and upon the issuing of the said Declarations, that an army shall be sent from Scotland into England, for preservation and establishment of religion, for defence of His Majesty’s person and authority, and restoring him to his government, to the just rights of the Crown and his full revenues, for defence of the privileges of Parliament and liberties of the subject, for making a firm union between the kingdoms, under His Majesty and his posterity, and settling a lasting peace; in pursuance whereof the kingdom of Scotland will endeavour that there may be a free and full Parliament in England, and that His Majesty may be with them in honour, safety and freedom, and that a speedy period be set to this present Parliament, and that the said army shall be upon the march before the said peaceable message and Declaration be delivered to the House; and it is further agreed that all such in the kingdoms of England or Ireland, as shall join with the kingdom of Scotland in pursuance of this Agreement, shall be protected by His Majesty in their persons and estates; and that all such His Majesty’s subjects of England and Ireland as shall join with him in pursuance of this Agreement may come to the Scotch army and join with them, or else put themselves into other bodies in England and Wales for prosecution of the same ends as the King’s Majesty shall judge most convenient, and under such Commanders or Generals of the English nation as His Majesty shall think fit, and that all such shall be protected by the kingdom of Scotland and their army in their persons and estates, and where any injury or wrong is done to them therein, that they shall be careful to see them fully repaired so far as is in their power to do, and likewise, where any injury or wrong is done to those that join with the kingdom of Scotland, His Majesty shall be careful for their full reparation; that His Majesty or any by his authority or knowledge shall not make nor admit of any cessation, pacification, nor agreement for peace whatsoever, nor of any Treaty, Propositions, Bills, or any other ways for that end, with the Houses of Parliament or any army or party in England and Ireland, without the advice and consent of the kingdom of Scotland; nor any having their authority shall either make or admit of any of these any manner of way with any whatsoever without His Majesty’s advice and consent; that, upon the settling of a peace, there be an Act of Oblivion to be agreed on by His Majesty and both his Parliaments of both kingdoms; that His Majesty, the Prince, or both shall come into Scotland upon the invitation of that kingdom and their declaration that they shall be in safety, freedom and honour, when possibly they can come with safety and conveniency; and that His Majesty shall contribute his utmost endeavours both at home and abroad for assisting the kingdom of Scotland in carrying on this war by sea and land, and for their supply by monies, arms, ammunition, and all other things requisite, as also for guarding the coasts of Scotland with ships, and protecting all Scottish merchants in the free exercise of trade and commerce with other nations; and His Majesty is very willing and doth authorise the Scots army to possess themselves of Berwick, Carlisle, Newcastle-upon-Tyne, Tynemouth, and Hartlepool, for to be places of retreat and magazine, and, when the peace of the kingdom is settled, the kingdom of Scotland shall remove their forces, and deliver back again the said towns and castles; that, according to the large Treaty, payment may be made of the remainder of the Brotherly Assistance which yet rests unpaid; and likewise of the £200,000 due upon the late Treaty made with the Houses of Parliament for the return of the Scots army, as also that payment shall be made to the kingdom of Scotland for the charge and expense of their army in this future war, together with due recompense for the losses which they shall sustain therein: that due satisfaction, according to the Treaty on that behalf between the kingdoms, shall be made to the Scottish army in Ireland, out of the land of that kingdom or otherwise; that His Majesty, according to the intention of his father, shall endeavour a complete union of the kingdoms, so as they may be one under His Majesty and his posterity; and, if that cannot be speedily effected, that all liberties, privileges, concerning commerce, traffic, and manufactories peculiar to the subjects of either nation, shall be common to the subjects of both kingdoms without distinction; and that there be a communication of mutual capacity of all other privileges of the subject in the two kingdoms; that a competent number of ships shall be yearly assigned and appointed out of His Majesty’s navy, which shall attend the coast of Scotland for a guard and freedom of trade to his subjects of that nation; that His Majesty doth declare that his successors as well as himself are obliged to the performances of the Articles and conditions of this Agreement; that His Majesty shall not be obliged to the performance of the aforesaid Articles until the kingdom of Scotland shall declare for him in pursuance of this Agreement, and that the whole Articles and conditions aforesaid shall be finished, perfected and performed before the return of the Scots army; and that when they return into Scotland at the same time, simul et semel, all arms be disbanded in England.

Carisbrook, the 26th of December.

Charles Rex.

We do declare and oblige ourselves in verbo principis, that the kingdom of Scotland engaging to perform the written Articles, we shall perform our part therein as is above expressed in the said Articles.

At Carisbrook Castle, the 26th of December. Charles R. [his little seal1 .]

We, whose names are underwritten, do hereby engage ourselves upon our honour, faith and conscience, and all that is dearest to honest men, to endeavour to the utmost of our powers that the kingdom of Scotland shall engage to perform the within written conditions in so far as relates to them, His Majesty engaging to perform his part of the aforesaid Articles; and we are most confident that the kingdom of Scotland will do the same; and we are most willing, upon the perfecting of the said Agreement, to hazard our lives and fortunes in pursuance thereof. By the clause of confirming Presbyterian government by Act of Parliament, His Majesty hath declared to us that he is neither obliged to desire the settling of Presbyterian government, nor to present a Bill for that effect; and we likewise understand that no person whatsoever suffer in his estate or corporal punishment for not submitting to Presbyterian government, His Majesty understanding that this shall not extend to those that are mentioned in the clause against toleration.

This was declared in the presence of Lord Loudoun, Lord Lauderdale, Lord Lanerick, and the King took them as witnesses and not assentors, December 27.

• Loudoun, Lauderdale, Lanerick.

77.

Additional Articles of the Engagement.

Charles Rex.

His Majesty, out of the natural affection he bears to his ancient and native kingdom, and to demonstrate how sensible he is of their affection expressed to him in the time of his extremity, and how heartily desirous he is to put marks of his grace and favour upon his subjects of that nation which may remain to all posterity, doth declare that he is resolved:—

That Scottish men equally with English be employed by His Majesty and his successors, in foreign negotiations and treaties in all time coming;

That a considerable and competent number of Scotsmen1 be upon His Majesty’s Council, and his successors’ in England, and so reciprocally the same number of Englishmen upon His Majesty’s Council in Scotland. That Scottish men according to the number and proportion [of a third part in number and quality be employed2 ] in places of trust and offices about His Majesty’s person, the Queen’s Majesty, the Prince and the rest of the royal issue, and their families in all time coming.

That His Majesty and the Prince, or at least one of them, shall reside in Scotland frequently as their occasions can permit—whereby their subjects of that kingdom may be known unto them3 .

78.

The King’s reply to the Four Bills and the accompanying Propositions.

For the Speaker of the Lords’ House pro tempore, to be communicated to the Lords and Commons in the Parliament of Westminster, and the Commissioners of the Parliament of Scotland.

Charles Rex.

The necessity of complying with all engaged interests in these great distempers, for a perfect settlement of peace, His Majesty finds to be none of the least difficulties he hath met with since the time of his afflictions; which is too visible, when at the same time that the two Houses of the English Parliament do present to His Majesty several Bills and Propositions for his consent, the Commissioners for Scotland do openly protest against them: so that were there nothing in the case but the consideration of that difference, His Majesty cannot imagine how to give such an answer to what is now proposed, as thereby to promise himself his great end, a perfect peace.

And when His Majesty further considers how impossible it is, in the condition he now stands, to fulfil the desires of his two Houses, since the only ancient and known ways of passing laws are either by His Majesty’s personal assent in the House of Peers, or by commission under his Great Seal of England, he cannot but wonder at such failings in the manner of address which is now made unto him; unless his two Houses intend that His Majesty shall allow of a Great Seal made without his authority, before there be any consideration had thereupon in a Treaty, which as it may hereafter hazard the security itself, so for the present it seems very unreasonable to His Majesty. And although His Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a treaty was only to obtain a trust from him, and not to take any advantage by passing them, to force other things from him, which are either against his conscience or honour; yet His Majesty believes it clear to all understandings, that these Bills contain, as they are now penned, not only the divesting himself of all sovereignty, and that without possibility of recovering it, either to him or his successors, except by repeal of these Bills, but also the making his concessions guilty of the greatest pressures that can be made upon the subject; as in other particulars, so by giving an arbitrary and unlimited power to the two Houses for ever, to raise and levy forces for land and sea service, on what persons, without distinction or quality, and to what numbers, they please: and likewise, for the payment of them, to levy what monies, in such sort, and by such ways and means, and consequently upon the estates of whatsoever persons they shall think fit and appoint, which is utterly inconsistent with the liberty and prosperity of the subject, and His Majesty’s trust in protecting them. So that, if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills, His Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto; and if not, what a strange condition, after the passing of these four Bills, His Majesty and all his subjects would be cast into.

And here His Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding; that when His Majesty desires a personal treaty with them for the settling of a peace, they in manner propose the very subject matter of the most essential parts thereof to be first granted, a thing which will be hardly credible to posterity. Wherefore His Majesty declares, that neither the desire of being freed from this tedious and irksome condition of life His Majesty hath so long suffered, nor the apprehension of what may befall him, in case his two Houses shall not afford him a personal treaty, shall make him change his resolution of not consenting to any Act till the whole peace be concluded.

Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him, but also to make good all other concessions mentioned in his message of the 17th of November last¹, which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him.

And yet His Majesty cannot give over, but now again earnestly presseth for a personal treaty (so passionately is he affected with the advantages which peace will bring to His Majesty and all his subjects), of which he will not at all despair, there being no other visible way to obtain a well-grounded peace: however, His Majesty is very much at ease within himself, for having fulfilled the offices both of a Christian and of a King; and will patiently wait the good pleasure of Almighty God to incline the hearts of his two Houses to consider their King, and to compassionate their fellow subjects’ miseries.

Given at Carisbrook Castle in the Isle of Wight,

December 28, 1647.

79.

The Vote of No Addresses.

The Lords and Commons assembled in Parliament, after many addresses to His Majesty for the preventing and ending of this unnatural war raised by him against his Parliament and kingdom, having lately sent Four Bills to His Majesty which did contain only matter of safety and security to the Parliament and kingdom, referring the composure of all other differences to a personal treaty with His Majesty; and having received an absolute negative, do hold themselves obliged to use their utmost endeavours speedily to settle the present government in such a way as may bring the greatest security to this kingdom in the enjoyment of the laws and liberties thereof; and in order thereunto, and that the House may receive no delays nor interruptions in so great and necessary a work, they have taken these resolutions, and passed these votes, viz.:

1. That the Lords and Commons do declare that they will make no further addresses or applications to the King.

2. That no application or addresses be made to the King by any person whatsoever, without the leave of both Houses.

3. That the person or persons that shall make breach of this order shall incur the penalties of high treason.

4. That the two Houses declare they will receive no more any message from the King; and do enjoin that no person whatsoever do presume to receive or bring any message from the King to both or either of the Houses of Parliament, or to any other person.

80.

The Act1erecting a High Court of Justice for the King’s Trial.

Whereas it is notorious that Charles Stuart, the now King of England, not content with the many encroachments which his predecessors had made upon the people in their rights and freedom, hath had a wicked design totally to subvert the ancient and fundamental laws and liberties of this nation, and in their place to introduce an arbitrary and tyrannical government, and that besides all other evil ways and means to bring his design to pass, he hath prosecuted it with fire and sword, levied and maintained a civil war in the land, against the Parliament and kingdom; whereby this country hath been miserably wasted, the public treasure exhausted, trade decayed, thousands of people murdered, and infinite other mischiefs committed; for all which high and treasonable offences the said Charles Stuart might long since have justly been brought to exemplary and condign punishment: whereas also the Parliament, well hoping that the restraint and imprisonment of his person, after it had pleased God to deliver him into their hands, would have quieted the distempers of the kingdom, did forbear to proceed judicially against him, but found, by sad experience, that such their remissness served only to encourage him and his accomplices in the continuance of their evil practices, and in raising new commotions, rebellions and invasions: for prevention therefore of the like or greater inconveniences, and to the end no Chief Officer or Magistrate whatsoever may hereafter presume, traitorously and maliciously, to imagine or contrive the enslaving or destroying of the English nation, and to expect impunity for so doing; be it enacted and ordained by the [Lords] and Commons in Parliament assembled, and it is hereby enacted and ordained by the authority thereof, that the Earls of Kent, Nottingham, Pembroke, Denbigh and Mulgrave, the Lord Grey of Wark, Lord Chief Justice Rolle of the King’s Bench, Lord Chief Justice St. John of the Common Pleas, and Lord Chief Baron Wylde, the Lord Fairfax, Lieutenant-General Cromwell, &c. [in all about 150], shall be and are hereby appointed and required to be Commissioners and Judges for the hearing, trying and judging of the said Charles Stuart; and the said Commissioners, or any twenty or more of them, shall be, and are hereby authorised and constituted an High Court of Justice, to meet and sit at such convenient times and place as by the said Commissioners, or the major part, or twenty or more of them, under their hands and seals, shall be appointed and notified by proclamation in the Great Hall or Palace-Yard of Westminster; and to adjourn from time to time, and from place to place, as the said High Court, or the major part thereof, at meeting shall hold fit; and to take order for the charging of him, the said Charles Stuart, with the crimes and treasons above mentioned, and for receiving his personal answer thereunto, and for examination of witnesses upon oath (which the Court hath hereby authority to administer) or otherwise, and taking any other evidence concerning the same; and thereupon, or in default of such answer, to proceed to final sentence according to justice and the merit of the cause; and such final sentence to execute, or cause to be executed, speedily and impartially.

And the said Court is hereby authorised and required to choose and appoint all such officers, attendants and other circumstances as they, or the major part of them, shall in any sort judge necessary or useful for the orderly and good managing of the premises; and Thomas Lord Fairfax the General, and all officers and soldiers under his command, and all officers of justice, and other well-affected persons, are hereby authorised and required to be aiding and assisting unto the said Court in the due execution of the trust hereby committed unto them; provided that this Act, and the authority hereby granted, do continue in force for the space of one mouth from the date of the making thereof, and no longer.

81.

The Agreement of the People.

Having, by our late labours and hazards, made it appear to the world at how high a rate we value our just freedom, and God having so far owned our cause as to deliver the enemies thereof into our hands, we do now hold ourselves bound, in mutual duty to each other, to take the best care we can for the future, to avoid both the danger of returning into a slavish condition and the chargeable remedy of another war: for as it cannot be imagined that so many of our countrymen would have opposed us in this quarrel if they had understood their own good, so may we hopefully promise to ourselves, that when our common rights and liberties shall be cleared, their endeavours will be disappointed that seek to make themselves our masters. Since therefore our former oppressions and not-yet-ended troubles have been occasioned either by want of frequent national meetings in council, or by the undue or unequal constitution thereof, or by rendering those meetings ineffectual, we are fully agreed and resolved, God willing, to provide, that hereafter our Representatives be neither left to an uncertainty for times nor be unequally constituted, nor made useless to the ends for which they are intended. In order whereunto we declare and agree,

First, that, to prevent the many inconveniences apparently arising from the long continuance of the same persons in supreme authority, this present Parliament end and dissolve upon, or before, the last day of April, 1649.

Secondly, that the people of England (being at this day very unequally distributed by counties, cities, and boroughs, for the election of their Representatives) be indifferently proportioned; and, to this end, that the Representative of the whole nation shall consist of 400 persons, or not above; and in each county, and the places thereto subjoined, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned, viz.

Provided, that the first or second Representative may, if they see cause, assign the remainder of the 400 representers, not hereby assigned, or so many of them as they shall see cause for, unto such counties as shall appear in this present distribution to have less than their due proportion. Provided also, that where any city or borough, to which one representer or more is assigned, shall be found in a due proportion not competent alone to elect a representer, or the number of representers assigned thereto, it is left to future Representatives to assign such a number of parishes or villages near adjoining to such city or borough, to be joined therewith in the elections, or may make the same proportionable.

Thirdly. That the people do, of course, choose themselves a Representative once in two years, and shall meet for that purpose upon the first Thursday in every second May, by eleven in the morning; and the Representatives so chosen to meet upon the second Thursday in the June following, at the usual place in Westminster, or such other place as, by the foregoing Representative, or the Council of State in the interval, shall be, from time to time, appointed and published to the people, at the least twenty days before the time of election: and to continue their sessions there, or elsewhere, until the second Thursday in December following, unless they shall adjourn or dissolve themselves sooner; but not to continue longer. The election of the first Representative to be on the first Thursday in May, 1649; and that, and all future elections, to be according to the rules prescribed for the same purpose in this Agreement, viz. 1. That the electors in every division shall be natives or denizens of England; not persons receiving alms, but such as are assessed ordinarily towards the relief of the poor; no servants to, and receiving wages from, any particular person; and in all elections, except for the Universities, they shall be men of twenty-one years of age, or upwards, and housekeepers, dwelling within the division for which the election is: provided, that (until the end of seven years next ensuing the time herein limited for the end of this present Parliament) no person shall be admitted to, or have any hand or voice in, such elections, who hath adhered unto or assisted the King against the Parliament in any of the late wars or insurrections; or who shall make or join in, or abet, any forcible opposition against this Agreement. 2. That such persons, and such only, may be elected to be of the Representative, who, by the rule aforesaid, are to have voice in elections in one place or other. Provided, that of those none shall be eligible for the first or second Representative, who have not voluntarily assisted the Parliament against the King, either in person before the 14th of June, 1645, or else in money, plate, horse, or arms, lent upon the Propositions, before the end of May, 1643; or who have joined in, or abetted, the treasonable engagement in London, in 1647; or who declared or engaged themselves for a cessation of arms with the Scots that invaded this nation the last summer; or for compliance with the actors in any insurrections of the same summer; or with the Prince of Wales, or his accomplices, in the revolted fleet. Provided also, that such persons as, by the rules in the preceding Article, are not capable of electing until the end of seven years, shall not be capable to be elected until the end of fourteen years next ensuing. And we desire and recommend it to all men, that, in all times, the persons to be chosen for this great trust may be men of courage, fearing God and hating covetousness; and that our Representatives would make the best provisions for that end. 3. That whoever, by the rules in the two preceding Articles, are incapable of electing, or to be elected, shall presume to vote in, or be present at, such election for the first or second Representative; or, being elected, shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moiety of his estate, to the use of the public, in case he have any visible estate to the value of £50, and if he has not such an estate, then shall incur the pain of imprisonment for three months. And if any person shall forcibly oppose, molest or hinder the people, capable of electing as aforesaid, in their quiet and free election of representers, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole estate, both real and personal; and, if he has not an estate to the value of £50, shall suffer imprisonment during one whole year without bail or mainprize. Provided, that the offender in each such case be convicted within three months next after the committing of his offence, and the first Representative is to make further provision for the avoiding of these evils in future elections. 4. That to the end all officers of state may be certainly accountable, and no faction made to maintain corrupt interests, no member of a Council of State, nor any officer of any salary-forces in army or garrison, nor any treasurer or receiver of public money, shall, while such, be elected to be of a Representative: and in case any such election shall be, the same to be void. And in case any lawyer shall be chosen into any Representative or Council of State, then he shall be incapable of practice as a lawyer during that trust. 5. For the more convenient election of Representatives, each county, wherein more than three representers are to be chosen, with the town corporate and cities, if there be any, lying within the compass thereof, to which no representers are herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three representers. For the setting forth of which divisions, and the ascertaining of other circumstances hereafter expressed, so as to make the elections less subject to confusion or mistake, in order to the next Representative, Thomas Lord Grey of Groby, Sir John Danvers, Sir Henry Holcroft, knights; Moses Wall, gentleman; Samuel Moyer, John Langley, Wm. Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Rd. Price, and Col. John White, citizens of London, or any five or more of them, are intrusted to nominate and appoint, under their hands and seals, three or more fit persons in each county, and in each city and borough, to which one representer or more is assigned, to be as Commissioners for the ends aforesaid, in the respective counties, cities and boroughs; and, by like writing under their hands and seals, shall certify into the Parliament Records, before the 11th of February next, the names of the Commissioners so appointed for the respective counties, cities and boroughs, which Commissioners, or any three or more of them, for the respective counties, cities and boroughs, shall before the end of February next, by writing under their hands and seals, appoint two fit and faithful persons, or more, in each hundred, lathe or wapentake, within the respective counties, and in each ward within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement, by fit persons to be employed for that purpose in every parish; who are to return the subscription so taken to the persons that employed them, keeping a transcript thereof to themselves; and those persons, keeping like transcripts, to return the original subscriptions to the respective Commissioners by whom they were appointed, at, or before, the 14th day of April next, to be registered and kept in the chief court within the respective cities and boroughs. And the said Commissioners, or any three or more of them, for the several counties, cities and boroughs, respectively, shall, where more than three representers are to be chosen, divide such counties, as also the City of London, into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions; and shall, in every county, city and borough, where any representers are to be chosen, and in every such division as aforesaid within the City of London, and within the several counties so divided, respectively, appoint one place certain wherein the people shall meet for the choice of the representers; and some one fit person, or more, inhabiting within each borough, city, county or division, respectively, to be present at the time and place of election, in the nature of Sheriffs, to regulate the elections; and by poll, or otherwise, clearly to distinguish and judge thereof, and to make return of the person or persons elected, as is hereafter expressed; and shall likewise, in writing under their hands and seals, make certificates of the several divisions, with the bounds thereof, by them set forth, and of the certain places of meeting, and persons, in the nature of Sheriff, appointed in them respectively as aforesaid; and cause such certificates to be returned into the Parliament Records before the end of April next; and before that time shall also cause the same to be published in every parish within the counties, cities and boroughs respectively; and shall in every such parish likewise nominate and appoint, by warrant under their hands and seals, one trusty person, or more, inhabiting therein, to make a true list of all the persons within their respective parishes, who, according to the rules aforegoing, are to have voice in the elections; and expressing who amongst them are, by the same rules, capable of being elected; and such list, with the said warrant, to bring in and return, at the time and place of election, unto the person appointed in the nature of Sheriff, as aforesaid, for that borough, city, county or division respectively; which person so appointed as Sheriff, being present at the time and place of election; or, in case of his absence, by the space of one hour after the time limited for the peoples’ meeting, then any person present that is eligible, as aforesaid, whom the people then and there assembled shall choose for that end, shall receive and keep the said lists and admit the persons therein contained, or so many of them as are present, unto a free vote in the said election; and, having first caused this Agreement to be publicly read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the elections; and, by poll or otherwise, openly distinguish and judge of the same; and thereof, by certificate or writing under the hands and seals of himself, and six or more of the electors, nominating the person or persons duly elected, shall make a true return into the Parliament Records within twenty-one days after the election, under pain for default thereof, or, for making any false return, to forfeit £100 to the public use; and also cause indentures to be made, and unchangeably sealed and delivered, between himself and six or more of the said electors, on the one part, and the persons, or each person, elected severally, on the other part, expressing their election of him as a representer of them according to this Agreement, and his acceptance of that trust, and his promise accordingly to perform the same with faithfulness, to the best of his understanding and ability, for the glory of God and good of the people. This course is to hold for the first Representative, which is to provide for the ascertaining of these circumstances in order to future Representatives.

Fourthly. That 150 members at least be always present in each sitting of the Representative, at the passing of any law or doing of any act whereby the people are to be bound; saving, that the number of sixty may make a House for debates or resolutions that are preparatory thereunto.

Fifthly. That the Representative shall, within twenty days after their first meeting, appoint a Council of State for the managing of public affairs, until the tenth day after the meeting of the next Representative, unless that next Representative think fit to put an end to that trust sooner. And the same Council to act and proceed therein, according to such instructions and limitations as the Representative shall give, and not otherwise.

Sixthly. That in each interval between biennial Representatives, the Council of State, in case of imminent danger or extreme necessity, may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above eighty days; and so as it dissolve at least fifty days before the appointed time for the next biennial Representative; and upon the fiftieth day so preceding it shall dissolve of course, if not otherwise dissolved sooner.

Seventhly. That no member of any Representative be made either receiver, treasurer, or other officer, during that employment, saving to be a member of the Council of State.

Eightly. That the Representatives have, and shall be understood to have, the supreme trust in order to the preservation and government of the whole; and that their power extend, without the consent or concurrence of any other person or persons, to the erecting and abolishing of Courts of Justice and public offices, and to the enacting, altering, repealing and declaring of laws, and the highest and final judgment, concerning all natural or civil things, but not concerning things spiritual or evangelical. Provided that, even in things natural and civil, these six particulars next following are, and shall be, understood to be excepted and reserved from our Representatives, viz. 1. We do not empower them to impress or constrain any person to serve in foreign war, either by sea or land, nor for any military service within the kingdom; save that they may take order for the forming, training, and exercising of the people in a military way, to be in readiness for resisting of foreign invasions, suppressing of sudden insurrections, or for assisting in execution of the laws; and may take order for the employing and conducting of them for those ends; provided, that, even in such cases, none be compellable to go out of the county he lives in, if he procure another to serve in his room. 2. That, after the time herein limited for the commencement of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late wars or public differences, otherwise than in execution or pursuance of the determinations of the present House of Commons, against such as have adhered to the King, or his interest, against the people; and saving that accomptants for public moneys received, shall remain accountable for the same. 3. That no securities given, or to be given, by the public faith of the nation, nor any engagements of the public faith for satisfaction of debts and damages, shall be made void or invalid by the next or any future Representatives; except to such creditors as have, or shall have, justly forfeited the same: and saving, that the next Representative may confirm or make null, in part or in whole, all gifts of lands, moneys, offices, or otherwise, made by the present Parliament to any member or attendant of either House. 4. That, in any laws hereafter to be made, no person, by virtue of any tenure, grant, charter, patent, degree or birth, shall be privileged from subjection thereto, or from being bound thereby, as well as others. 5. That the Representative may not give judgment upon any man’s person or estate, where no law hath before provided; save only in calling to account and punishing public officers for abusing or failing in their trust. 6. That no Representative may in any wise render up, or give, or take away, any of the foundations of common right, liberty, and safety contained in this Agreement, nor level men’s estates, destroy property, or make all things common; and that, in all matters of such fundamental concernment, there shall be a liberty to particular members of the said Representatives to enter their dissents from the major vote.

Ninthly. Concerning religion, we agree as followeth:—1. It is intended that the Christian Religion be held forth and recommended as the public profession in this nation, which we desire may, by the grace of God, be reformed to the greatest purity in doctrine, worship and discipline, according to the Word of God; the instructing the people thereunto in a public way, so it be not compulsive; as also the maintaining of able teachers for that end, and for the confutation or discovering of heresy, error, and whatsoever is contrary to sound doctrine, is allowed to be provided for by our Representatives; the maintenance of which teachers may be out of a public treasury, and, we desire, not by tithes: provided, that Popery or Prelacy be not held forth as the public way or profession in this nation. 2. That, to the public profession so held forth, none be compelled by penalties or otherwise; but only may be endeavoured to be won by sound doctrine, and the example of a good conversation. 3. That such as profess faith in God by Jesus Christ, however differing in judgment from the doctrine, worship or discipline publicly held forth, as aforesaid, shall not be restrained from, but shall be protected in, the profession of their faith and exercise of religion, according to their consciences, in any place except such as shall be set apart for the public worship; where we provide not for them, unless they have leave, so as they abuse not this liberty to the civil injury of others, or to actual disturbance of the public peace on their parts. Nevertheless, it is not intended to be hereby provided, that this liberty shall necessarily extend to Popery or Prelacy. 4. That all laws, ordinances, statutes, and clauses 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.

Tenthly. It is agreed, that whosoever shall, by force of arms, resist the orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the foundations of common right, liberty, and safety, contained in this Agreement), he shall forthwith, after his or their such resistance, lose the benefit and protection of the laws, and shall be punishable with death, as an enemy and traitor to the nation. Of the things expressed in this Agreement: the certain ending of this Parliament, as in the first Article; the equal or proportionable distribution of the number of the representers to be elected, as in the second; the certainty of the people’s meeting to elect for Representatives biennial, and their freedom in elections; with the certainty of meeting, sitting and ending of Representatives so elected, which are provided for in the third Article; as also the qualifications of persons to elect or be elected, as in the first and second particulars under the third Article; also the certainty of a number for passing a law or preparatory debates, provided for in the fourth Article; the matter of the fifth Article, concerning the Council of State, and of the sixth, concerning the calling, sitting and ending of Representatives extraordinary; also the power of Representatives to be, as in the eighth Article, and limited, as in the six reserves next following the same: likewise the second and third Particulars under the ninth Article concerning religion, and the whole matter of the tenth Article; all these we do account and declare to be fundamental to our common right, liberty, and safety: and therefore do both agree thereunto, and resolve to maintain the same, as God shall enable us. The rest of the matters in this Agreement we account to be useful and good for the public; and the particular circumstances of numbers, times, and places, expressed in the several Articles, we account not fundamental; but we find them necessary to be here determined, for the making the Agreement certain and practicable, and do hold these most convenient that are here set down; and therefore do positively agree thereunto. By the appointment of his Excellency the Lord-General and his General Council of Officers.

John Rushworth, Sec.

82.

The Charge against the King.

That the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by and according to the laws of the land, and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, yea, to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people’s behalf in the right and power of frequent and successive Parliaments, or national meetings in Council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitorously and maliciously levied war against the present Parliament, and the people therein represented, particularly upon or about the 30th day of June, in the year of our Lord 1642, at Beverley, in the County of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his standard of war; and also on or about the 23rd day of October in the same year, at Edgehill or Keynton-field, in the County of Warwick; and upon or about the 30th day of November in the same year, at Brentford, in the County of Middlesex; and upon or about the 30th day of August, in the year of our Lord 1643, at the Caversham Bridge, near Reading, in the County of Berks; and upon or about the 30th day of October in the year last mentioned, at or upon the City of Gloucester; and upon or about the 30th day of November in the year last mentioned, at Newbury, in the County of Berks; and upon or about the 31st day of July, in the year of our Lord 1644, at Cropredy Bridge, in the County of Oxon; and upon or about the 30th day of September in the last year mentioned, at Bodmin and other places near adjacent, in the County of Cornwall; and upon or about the 30th day of November in the year last mentioned, at Newbury aforesaid; and upon or about the 8th day of June, in the year of our Lord 1645, at the Town of Leicestor; and also upon the 14th day of the same month in the same year, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this land, at several other times within the years aforementioned, and in the year of our Lord 1646, he, the said Charles Stuart, hath caused and procured many thousands of the free people of this nation to be slain; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by land and sea, during the years beforementioned, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by sea. And particularly he, the said Charles Stuart, hath for that purpose given commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of the nation (being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament), have had entertainment and commission for the continuing and renewing of war and hostility against the said Parliament and people as aforesaid. By which cruel and unnatural wars, by him, the said Charles Stuart, levied, continued, and renewed as aforesaid, much innocent blood of the free people of this nation hath been spilt, many families have been undone, the public treasure wasted and exhausted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of this land spoiled, some of them even to desolation. And for further prosecution of his said evil designs, he, the said Charles Stuart, doth still continue his commissions to the said Prince, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and the Irish rebels and revolters associated with him; from whom further invasions upon this land are threatened, upon the procurement, and on the behalf of the said Charles Stuart.

All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been, and are carried on for the advancement and upholding of a personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation, by and from whom he was entrusted as aforesaid.

By all which it appeareth that the said Charles Stuart hath been, and is the occasioner, author, and continuer of the said unnatural, cruel and bloody wars; and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby.

83.

The King’s reasons for declining the jurisdiction of the High Court of Justice.

Having already made my protestations, not only against the illegality of this pretended Court, but also, that no earthly power can justly call me (who am your King) in question as a delinquent, I would not any more open my mouth upon this occasion, more than to refer myself to what I have spoken, were I in this case alone concerned: but the duty I owe to God in the preservation of the true liberty of my people will not suffer me at this time to be silent: for, how can any free-born subject of England call life or anything he possesseth his own, if power without right daily make new, and abrogate the old fundamental laws of the land which I now take to be the present case? Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me concerning these grounds which hinder me to answer to your pretended impeachment. But since I see that nothing I can say will move you to it (though negatives are not so naturally proved as affirmatives) yet I will show you the reason why I am confident you cannot judge me, nor indeed the meanest man in England: for I will not (like you) without showing a reason, seek to impose a belief upon my subjects.

There is no proceeding just against any man, but what is warranted, either by God’s laws or the municipal laws of the country where he lives. Now I am most confident this day’s proceeding cannot be warranted by God’s laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which, if denied, I am ready instantly to prove.

And for the question now in hand, there it is said, that ‘where the word of a King is, there is power; and who may say unto him, what dost thou?’ Eccles. viii. 4. Then for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name: and one of their maxims is, that the King can do no wrong. Besides, the law upon which you ground your proceedings, must either be old or new: if old, show it; if new, tell what authority, warranted by the fundamental laws of the land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one itself (as is well known to all lawyers) I leave to God and the world to judge. And it were full as strange, that they should pretend to make laws without King or Lords’ House, to any that have heard speak of the laws of England.

And admitting, but not granting, that the people of England’s commission could grant your pretended power, I see nothing you can show for that; for certainly you never asked the question of the tenth man in the kingdom, and in this way you manifestly wrong even the poorest ploughman, if you demand not his free consent; nor can you pretend any colour for this your pretended commission, without the consent at least of the major part of every man in England of whatsoever quality or condition, which I am sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own right alone, as I am your King, but also for the true liberty of all my subjects, which consists not in the power of government, but in living under such laws, such a government, as may give themselves the best assurance of their lives, and property of their goods; nor in this must or do I forget the privileges of both Houses of Parliament, which this day’s proceedings do not only violate, but likewise occasion the greatest breach of their public faith that (I believe) ever was heard of, with which I am far from charging the two Houses; for all the pretended crimes laid against me bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses’ agreement thereunto, I was suddenly surprised and hurried from thence as a prisoner; upon which account I am against my will brought hither, where since I am come, I cannot but to my power defend the ancient laws and liberties of this kingdom, together with my own just right. Then for anything I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting; so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the peace of the kingdom is not the least in my thoughts; and what hope of settlement is there, so long as power reigns without rule or law, changing the whole frame of that government under which this kingdom hath flourished for many hundred years? (nor will I say what will fall out in case this lawless, unjust proceeding against me do go on) and believe it, the Commons of England will not thank you for this change; for they will remember how happy they have been of late years under the reigns of Queen Elizabeth, the King my father, and myself, until the beginning of these unhappy troubles, and will have cause to doubt, that they shall never be so happy under any new: and by this time it will be too sensibly evident, that the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government.

Thus, having showed you briefly the reasons why I cannot submit to your pretended authority, without violating the trust which I have from God for the welfare and liberty of my people, I expect from you either clear reasons to convince my judgment, showing me that I am in an error (and then truly I will answer) or that you will withdraw your proceedings.

This I intended to speak in Westminster Hall, on Monday, January 22, but against reason was hindered to show my reasons.

84.

The Sentence of the High Court of Justice upon the King.

Whereas the Commons of England assembled in Parliament, have by their late Act intituled an Act of the Commons of England assembled in Parliament, for erecting an High Court of Justice for the trying and judging of Charles Stuart, King of England, authorised and constituted us an High Court of Justice for the trying and judging of the said Charles Stuart for the crimes and treasons in the said Act mentioned; by virtue whereof the said Charles Stuart hath been three several times convented before this High Court, where the first day, being Saturday, the 20th of January instant, in pursuance of the said Act, a charge of high treason and other high crimes was, in the behalf of the people of England, exhibited against him, and read openly unto him, wherein he was charged, that he, the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by, and according to the law of the land, and not otherwise; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, and to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people’s behalf in the right and power of frequent and successive Parliaments, or national meetings in Council; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same end hath traitorously and maliciously levied war against the present Parliament, and people therein represented, as with the circumstances of time and place is in the said charge more particularly set forth; and that he hath thereby caused and procured many thousands of the free people of this nation to be slain; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by sea and land, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in several counties and places in this kingdom in the charge specified; and that he hath for that purpose given his commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of this nation, being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament, have had entertainment and commission for the continuing and renewing of the war and hostility against the said Parliament and people: and that by the said cruel and unnatural war so levied, continued and renewed, much innocent blood of the free people of this nation hath been spilt, many families undone, the public treasure wasted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of the land spoiled, some of them even to desolation; and that he still continues his commission to his said son, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and to the Irish rebels and revolters associated with him, from whom further invasions of this land are threatened by his procurement and on his behalf; and that all the said wicked designs, wars, and evil practices of him, the said Charles Stuart, were still carried on for the advancement and upholding of the personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation; and that he thereby hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation, acted and committed in the said wars, or occasioned thereby; whereupon the proceedings and judgment of this Court were prayed against him, as a tyrant, traitor, and murderer, and public enemy to the Commonwealth, as by the said charge more fully appeareth. To which charge, being read unto him as aforesaid, he, the said Charles Stuart, was required to give his answer; but he refused so to do, and upon Monday, the 22nd day of January instant, being again brought before this Court, and there required to answer directly to the said charge, he still refused so to do; whereupon his default and contumacy was entered; and the next day, being the third time brought before the Court, judgment was then prayed against him on the behalf of the people of England for his contumacy, and for the matters contained against him in the said charge, as taking the same for confessed, in regard of his refusing to answer thereto: yet notwithstanding this Court (not willing to take advantage of his contempt) did once more require him to answer to the said charge; but he again refused so to do; upon which his several defaults, this Court might justly have proceeded to judgment against him, both for his contumacy and the matters of the charge, taking the same for confessed as aforesaid.

Yet nevertheless this Court, for its own clearer information and further satisfaction, have thought fit to examine witnesses upon oath, and take notice of other evidences, touching the matters contained in the said charge, which accordingly they have done.

Now, therefore, upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said Parliament and people, and maintaining and continuing the same; for which in the said charge he stands accused, and by the general course of his government, counsels, and practices, before and since this Parliament began (which have been and are notorious and public, and the effects whereof remain abundantly upon record) this Court is fully satisfied in their judgments and consciences, that he has been and is guilty of the wicked design and endeavours in the said charge set forth; and that the said war hath been levied, maintained, and continued by him as aforesaid, in prosecution, and for accomplishment of the said designs; and that he hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason, and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby. For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by the severing of his head from his body.

85.

The Death Warrant of Charles I.

Whereas Charles Stuart, King of England, is, and standeth convicted, attainted, and condemned of high treason, and other high crimes; and sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his head from his body; of which sentence, execution yet remaineth to be done; these are therefore to will and require you to see the said sentence executed in the open street before Whitehall, upon the morrow, being the thirtieth day of this instant month of January, between the hours of ten in the morning and five in the afternoon of the same day, with full effect. And for so doing this shall be your sufficient warrant. And these are to require all officers, soldiers, and others, the good people of this nation of England, to be assisting unto you in this service.

To Col. Francis Hacker, Col. Huncks, and Lieut.-Col. Phayre, and to every of them.

Given under our hands and seals.

John Bradshaw.

Thomas Grey.

Oliver Cromwell. &c. &c.

[1 ] I.e. Lord Herbert of Raglan, afterwards created, by warrant only, Earl of Glamorgan.

[1 ] I.e. 164½.

[2 ] I.e. the following Jan. 10, 164¾.

[1 ] As we should now say, ‘members of the Committee.’

[1 ] Articles 12 and 13 with the preamble of 14 are misplaced by Rushworth.

[2 ] I.e. the treaty of 1641.

[3 ] The figure is omitted in the Journals.

[1 ] In the first Ordinance sent up by the Commons on December 19, 1644, and thrown out by the Lords on January 13, 164⅘, members of either Houses were absolutely disqualified from serving.

[1 ] This document is only known to exist in the French form.

[1 ] ‘Le mémoire cy joint est ce que les Presbytériens qui veulent un Roy et se veulent bien passer du Covenant, et quelques personnes de qualité de party contraire, jugent que le Roy de la G. B. doit envoyer à ce Parlement arrivant à Homby.’ Bellievre to Mazarin, Jan. 29-Feb. 8, 1647. Arch. des Aff. Etr. Angl. lv. p. 177.

[2 ] The Houses had for some time been engaged in amending the Propositions sent to Newcastle, but had been interrupted by their quarrel with the army.

[3 ] I. e. Holmby House.

[4 ] As a Scottish Commissioner.

[1 ] Rushworth, vii. 569.

[1 ] I.e. in March in every other year.

[1 ] The references in square brackets are inserted in place of those in the Parliamentary History.

[1 ] i.e. 164⅚. See No. 65.

[2 ] The same as the fifteenth, p. 297, except that there it is styled an ‘Act for Confirmation of the Treaties,’ &c., and these words are omitted in the new Proposition, with (all other Ordinances and proceedings passed between the two kingdoms, and whereunto they are obliged by the aforesaid Treaties). There are also some alterations in the names of the Commissioners.

[1 ] ? Second.

[1 ] The words in brackets are evidently the work of the copyist. What follows is taken from No. 2685, in Clarendon’s hand.

[1 ] This originally stood: ‘That Scottish men at least to the number of the third part.’

[2 ] The words in brackets are inserted in the margin in Charles’s hand, instead of ‘aforesaid,’ &c.

[3 ] This additional Agreement was sealed with Charles’s signet. It was originally dated Carisbrook, 26 Dec. 1647, but the date is scratched out. Lauderdale told Burnet of its existence. Hyde wrote on the back of his copy of the Engagement (Clar. MSS. 2685), that these terms occur in a copy in the possession of Lord Culpepper which he saw, but of which he was not allowed to take a copy. He also states that they did not occur in the copy in the hands of Prince Rupert.

[1 ] From henceforth the Commons gave the name of ‘Act’ to an Ordinance which had passed their House only.

[1 ] See Journals of the House of Lords, vii. 82.

[1 ] For the Agreement of the People as originally drawn up in October, 1647, see No. 74. It is here printed with the subsequent modifications, as presented to the House of Commons on January 20. The petition which accompanied it (Old Parl. Hist. xviii. 516) was dated January 15, and that may therefore be taken as the date when the Agreement received the final approbation of the Council of the Officers.