DIE Sabbati, 18 Decembris.
PRAYERS, by Mr. Salway.
E. Manchest. Speaker.
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Comes Kanc.
Comes Sar.
Comes Warwici.
Comes Rotel.
Comes Denbigh.
Comes Mulgrave.
Comes Stamford.
Comes Northumb'r. |
Ds. Grey de Werk.
Ds. Howard de Escr.
Ds. Wharton. |
E. of St. Albans, a Pass.
A Pass granted to the Earl of St. Albons, to go out
of Ireland, into France, with his Wife, Children, Servants, and Retinue, and Necessaries.
Papers from Fortescue:
Papers from Mr. Anthony Fortescue, Agent to the
Duke of Lorraigne, read. (Here enter.)
To leave the Kingdom immediately.
Ordered, That the said Mr. Fortescue depart out of
the Kingdom within Ten Days, or else to be proceeded
against according to Law.
Commission for trying Piracy Causes.
Ordered likewise, That a Commission of Oyer and
Terminer for Piracy Causes be issued forth, under the
Great Seal, to be directed to the Parties in the Report
from the Committee of Admiralty mentioned, and to
such other Persons as the said Committee shall think
fit. (Here enter.)
Sir G. Melviles Pet.
A Petition of Sir George Melvile, One of His Majesty's Carvers, read; and Ordered, To have it recommended to the Committee of the Revenue.
Message to the H. C. about the following Particulars.
A Message sent down to the House of Commons, by
Doctor Aylet and Mr. Sadler; with,
1. A Petition of Peter Du Moulin.
2. To put them in Mind of Mr. Pringle's Ordinance,
formerly sent down.
3. An Order, That Mr. Anthony Fortescue, pretended
Agent to the Duke of Lorraigne, shall depart out of
this Kingdom within Ten Days, or else to be proceeded
against according to Law.
4. A Report from the Committee of the Admiralty,
with an Order of this House concerning a Commission
of Oyer and Terminer for Piracy Causes, as beforesaid.
5. The Report concerning Mr. Fortescue from the
Admiralty.
Paper from the Scots Commissioners.
A long Paper from the Commissioners of Scotland,
was read. (Here enter it.)
Count. of Marlborough's Fine to be remitted.
Upon reading a Report from Goldsmiths Hall, concerning the Countess of Marlborough; upon the Reasons therein expressed, and considering the several Allegations were proved:
It is Ordered, To be recommended to the House of
Commons, with this Sense, "That the Lords think it
fit that her Fine be wholly remitted; and desire their
Concurrence therein."
Preamble to the Propositions to be omitted.
Ordered, That the Preamble to the Propositions
shall be omitted in the Ingrossment which is to be delivered to the King in the Isle of Wight.
Ordered, That this Paper following be sent to the
Scotch Commissioners; (videlicet,)
Paper to the Scots Commissioners, that the going of the Committees to the King cannot be delayed;—to desire they will forbear Aspersions on the Houses;— and to know if they have any Thing to present to the King on Behalf of the Kingdom of Scotland.
"That the present Condition of the Affairs of this
Kingdom will not admit of any Delay in sending the
Commissioners of Parliament to the King, according
to their Instructions lately communicated unto your
Lordships: And therefore the Houses are resolved
the Commissioners shall go on Monday next.
"That the Papers from your Lordships to the Houses
are so long, that a present Answer to them cannot
now be expected from the Houses. But the Houses
will take them into Consideration with all convenient
Speed; and do not doubt but to clear it to your
Lordships and all the World, that they have proceeded herein without any Violation to the Treaties:
And therefore they are very sensible, that such Aspersions should be laid upon the Houses; and desire they
may be forborn for the future. And in the mean
Time, they have now sent to offer it to your Lordships, if your Lordships have any Thing to present
to the King in Behalf of the Kingdom of Scotland,
that it may be ready to be sent at the same Time
when the Commissioners of the Houses are appointed
to go with those Things which are to be presented to
His Majesty in the Behalf of the Kingdom of England."
Message to the H. C. with it.
A Message was sent to the House of Commons,
by Doctor Aylett and Mr. Sadler:
To desire their Concurrence in the Paper to be sent to
the Scotts Commissioners; and that it may be sent to
them this Afternoon, by the Members of both Houses
that are of the Committee of both Kingdoms.
The Answer returned was:
Answer.
That the House of Commons agrees in this Message.
Report concerning the Count. of Marlborough's Fine.
"Die Lunæ, 13 Decembris, 1647.
"By the Commissioners for compounding with
Delinquents, sitting at Gouldsmiths Hall.
"This Day appeared the Right Honourable Jane
Countess Dowager of Marleborough, now Wife of
William Ashburnham Esquire, desiring to be admitted
to compound for her Jointure by her former Husband, according to the Articles of Exeter, having a
Pass and Certificate from the General Sir Thomas
Fairefax, that she ought to have the Benefit of those
Articles; the said Estate being of the Value of Five
Hundred and Twenty-one Pounds per Annum for her
Life, and no more; her Stock and Goods, to the Value
of Twenty Thousand Pounds (as the alledged), being
taken from her; and she indebted Two Thousand
Pounds: Whereupon the Committee, proceeding to
cast up her Fine, did rate the same at One Year's
Value, as for Life, Five Hundred and Twenty-one
Pounds: and order that the same be reported to
both Houses, before she be required to pay the said
Fine."
Report from the Admiralty Committee, that Fortescue, the D. of Lorrain's Agent, still continues in England, notwithstanding his being ordered to depart.
"Die Martis, 7 Decembris, 1647.
"By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas, upon an Address lately made to this
Committee, by a Servant of Mr. Anthony Fortescue,
and in the Name of the said Mr. Fortescue, as Resident for the Duke of Lorraine, touching some Vessels and Persons stayed at the Isle of Wight and Portsmouth, who pretend Commissions from the said Duke,
the Committee did then cause to be read unto him an
Order of both Houses of Parliament, dated the First
of July, 1645, purporting their warning of him
the said Mr. Fortescue to depart the Parliament's Quarters within Ten Days next after his said Warning;
and declared that they could not treat with him, or
any from him, whilst that Order remains unreversed:
And whereas the said Mr. Fortescue, repairing since in
Person to some of this Committee touching the same
Matter, was advised to deliver in Writing what he had
to say therein; and forasmuch as the said Mr. Fortescue did this Day send in to this Committee a Paper,
signed with his own Hand, avowing his said Residentship, and his Continuance in England, the said Order
notwithstanding: Ordered, That Report be made
of the said Paper to both Houses of Parliament, that
their Pleasure may be thereupon signified; and that
the Committee's Proceedings concerning the said Vessels and Persons be stated, and presented together with
the said Paper.
"W. Jessop, Secretary."
Paper from him to the Admiralty Committee, complaining of the Insults offered him in his Public Capacity; and desiring some Seamen in his Master's Service may be released, and a Prize taken by them from the French may be secured.
"My Lords and Gentlemen,
"Some Days since, I sent my Secretary George Fortescue to inform this Honourable Table of the hard
Condition of some Seamen entertained by the Duke
my Master against his Enemies the French, and how
they were detained and made Prisoners in the Isle of
Wight and Portsm° One Company of them having
taken a lawful Prize under Sail, and not under the Protection of any Harbour of this Kingdom; and the other
Company only preparing themselves to go to Ostend,
there to accommodate themselves better for his Highness's Service: And both these Companies were taken
notwithstanding they had his Highness' Commission,
which, upon my Reputation, I do avouch to be true
and authentic. But, before my Servant could inform this Honourable Table of the Particulars, he
was taken off with the Reading of an Order from the
Honourable Houses for my Departure out of the
Kingdom; and that neither I, nor any sent by me,
should be any more hereafter heard in the Affairs of
the Duke of Lorrayne. Now, my Lords, in relation
to the Message, I am forced to reply thus: The
Axiom of Public Ministers of Princes is, "That they
are neither to act their own nor any other Will, but
that of the Prince they serve." So, my Lords, I
profess myself (not as Anthony Fortescue, an Englishman, and Subject to this Crown,) but as Anthony Fortescue, Resident for his Highness of Lorraine, (and I
beseech your Lordships to observe this Reduplication,) not to owe Obedience to any Commands but
to those of the Duke my Master; so that, until his
Highness take me off from this Station in which he
hath placed me, I must stand immoveable. Not that
I can contest with any Violence which may be offered
to drive me out of this Kingdom, or that I fear any
Second Plunder, or presenting of Pistols to my Breast
as formerly, or that perhaps now the Bullet may be
bid to go through me: Against all which, I will
put on no other Armour than the Justice of my
Cause, and leave my Vindication to the Prince my
Master.
"Though to all these former Violences (against the
Right of Nations) a Member of the House of Commons was a Personal Actor; it is not in my Power, my
Lords, to recede from the Quality I here bear, and have
borne these Dozen Years, without giving the least
Offence to His Majesty or His People; insomuch as
His Majesty from Oxford sent me His Gracious Letters
of Protection, and in the same Latitude of Privilege
which He gave to the greatest Ambassador. And thus
much, my Lords, touching my Residentship; in
which Point his Highness my Master can only give
your Lordships Satisfaction.
"I cannot but put your Lordships in Mind of the
many Gracious Letters his Highness my Master sent
to both the Honourable Houses, and to this Ho
nourable Table, and to divers particular Members of
either House, not so few as Ten; of which One
only hath been found to return him Thanks. To
Private Men your Lordships use more Compliancy;
and certainly this Neglect of his Highness cannot be
but sensible unto him.
"The Request I am now to make unto this Honourable Table in his Highness' Name is, That his
Highness' Men thus unjustly detained (and, as it appears, merely out of the Avarice of one Captain
Baskett and Stephen Barton, and others, who daily
make away the Goods of our Prize, and convert the
Benefit to themselves) may either be speedily released,
or sent up hither to answer the Cause before your Lordships; and that, in the mean Time, the Goods of our
Prize may be secured, and sufficient Caution given for
all such of them as the said Captain Baskett, Stephen
Barton, and others, have embezzled away; and that
the said Parties may be also called up, to give Cause
before your Lordships why they thus seized upon
our Goods: Moreover, that Captain Anderson and his
Company (seized upon at Portsmouth without any
Thing acted by them) may be immediately released.
And in this your Lordships shall do his Highness my
Master Justice; and I shall remain
2 Decembris, 1647.
"Your Lordships
"Most humble Servant,
"Anth. Fortescue,
"Resident for his Highness of Lorrayne."
"The State of the Committee of the Admiralty
their Proceedings, concerning certain Vessels
and Persons pretending Commission from the
Duke of Lorrayne.
State of this Business, concerning a French Ship being taken under the Fort at Plymouth, by a Ship of the D. of Lorrain's, and since stayed in the Isle of Wight, and another Shallop there belonging also to the D. of Lorrain.
"28 October, 1647, a French Vessel called The
Susanna of Sherrant, Joshua Adryan Master, of about
Three Hundred and Forty-one Tons, laden with
Wines, Prunes, &c. and intended to Falmouth, on
the Account of French Merchants, was riding at Anchor in Plymouth Sound, not far from One of the
Forts there.
"Captain Thomas Falkener, Commander of a Man of
War called The Destiny, pretending Commission from
the Duke of Lorrayne, and manned with the English,
comes aboard her in his Shallop the same Day, pretending Affection, and, after his Entertainment by
the Master, demands the Bills of Lading; which
being shewed him, he demands the Master's other
Papers; which being denied him, he gave the Master
a Box on the Ear: And at the same Instant the rest of
Falkener's Men aboard caught up Half Pike Staves,
Pole Axes, &c. and began to fall on the said Master
and his Company; and One of them drew his Knife
upon One of the Frenchmen, insomuch that the
French Master and Five of his Company leaped overboard, and made Escape to Shore in Falkener's said
Shallop.
"Falkener cuts the French Vessel's Cable, and carries
her away, though a Shot was made at her from the Fort;
and afterwards, with his Man of War and Prize,
comes to the Isle of Wight, and is there stayed by an
Officer under Colonel Hamond, Governor and Vice
Admiral of the Isle of Wight.
"About the same Time, one Anderson, having a
Commission from the Duke of Lorrayne, with a Blank
for the Name of his Vessel, bought about Portsmouth
a Shallop, pretending her for the said Duke's Service. The Country thereabouts being jealous that
their Design was to do Mischief on the English, the
Fishermen durst not adventure their Boats to Sea.
The Deputy Vice Admiral of Hampsheir doth thereupon make Stay of the said Shallop, Anderson and
his Company being English.
"The Committee of the Admiralty, on Notice of
this Business, ordered a Continuance of the Restraint
upon the said Man of War and Prize, as also upon
Falkener and his Company; and after (upon View of
several Examinations taken by Colonel Hamond) gave
Order for sending the said Falkener and such of his
Company as remained (most of them being got away)
to Winchester Gaol, there to remain till they be brought
to Trial.
"The Goods of the Prize being certified to be much
embezzled and perishable, a Commission is issued for
their Inventorying and Appraising, that, on Return
thereof, such as are perishable may be sold to the
French Proprietors best Advantage; and Notice thereof is given to the French Ambassador, that he may
appoint some to look after them in Behalf of the
French, if he shall see Cause.
"Order is likewise given, for staying Anderson's
Shallop, and securing the Person of him and his
Company, till further Order."
Paper from the Admiralty Committee, for an Order for Commissions of Oyer and Terminer for trying Piracy Causes, to be issued.
"Die Veneris, 10 Decembris, 1647.
"By the Committee of Lords and Commons for
the Admiralty and Cinque Ports.
"Whereas divers Seamen were lately ordered by this
Committee to be sent to Winchester Gaol, in respect of
their piratical Seizing of a Ship riding at Anchor in
Plim°. Harbour, under Command of One of the Forts
there (upon a Pretext of a Commission from the Duke
of Lorragne), there to remain till Course shall be
taken for their Trial; and whereas other Matters relating to Piracy and Robbing at Sea do frequently
fall out: Ordered, That it be recommended to
both Houses of Parliament, that Warrant be given
for the issuing of Commissions of Oyer and Terminer,
for authorizing the Judge of the High Court of Admiralty, the Judge of the Admiralty, of the Cinque
Ports, and the Judges of such Vice Admiralties as
this Committee shall think fit, respectively, to proceed
to Trial of such Persons, according to Law; and that
such other Commissioners be joined with the said
Judges, in their several Commissions, as the Houses
shall think fit.
"W. Jessop, Secretary."
Paper from the Scots Commissioners, enforcing their Desire of a Personal Treaty with the King;— desiring the Covenant may be established; —to reconcile the Differences concerning the Propositions; complaining of the Toleration allowed to Sectaries, &c. by them;— of the taking away the King's Negative Voice in passing Laws; — of divesting Him for ever of the Power of the Militia;— of debarring Him from the Power of conferring Titles; — and complaining of many Variations andOmissions in the Propositions:—desiring Uniformity in Religion may be established, and an Act of Oblivion in both Kingdoms passed.
(fn. *) "The Answer of the Commissioners of the Kingdom of Scotland, to both Houses of Parliament, upon the new Propositions of Peace,
and the Four Bills to be sent to His Majesty.
"We have, with much Patience, for divers Years
together, in Pursuance of the Solemn League and
Covenant, and Treaties betwixt the Kingdoms, used
our best Endeavours for settling Religion and a happy
Peace. Propositions were first agreed on, in Anno
1644, with Advice and Consent of the Parliaments
of both Kingdoms, presented to His Majesty at Oxford by Commissioners of both, and treated upon
at Uxbridge. In Anno 1645, we did earnestly and
frequently press the sending of those Propositions
again to His Majesty, wherein the Houses would not
concur with us; but on the contrary (after very
long Delay) thought fit to make several Alterations
therein, which were principally in Matters that did
concern the near Union of the Kingdoms. Yet were
we so earnestly desirous of putting an End to the
long-continued Distractions and Troubles of these
Kingdoms, as (waving what might be conceived to
be for the particular Interest of the Kingdom of Scot
land) we did join with the Houses of Parliament, in
presenting Propositions to His Majesty at Newcastle,
though, as we then declared, we had just Reason to
be unsatisfied with divers Things contained in those
Propositions.
"When it was agreed upon betwixt the Kingdoms,
that the same Propositions should be again presented
to His Majesty at His coming to Holdenby, the Performance thereof being delayed by the Houses for
divers Months, we did patiently wait their Leisure.
Yet, upon the sudden, they did appoint a peremptory Day for sending the Propositions to His Majesty,
and gave Order to their Commissioners, in case we
were not precisely upon that Day at Hampton Court,
that they should present the Propositions to the King
alone by themselves, contrary to the Treaty betwixt
the Kingdoms; which was so strange and unequal a
Way, as we might have justly denied our Concurrence, had not our Love to Peace prevailed with us
to join in that Message. But, after all this, finding
no Success in that Way of sending Propositions to the
King, and insisting upon His positive Assent thereunto, without giving any Reasons for the Justice of
our Desires, or hearing any Proposition from His
Majesty, we did, in November last, propose to the
Honourable Houses, and with much Earnestness desire,
that there might be a Personal Treaty with His Majesty here at London, it being in all Probability the
best Means to obtain a Peace.
"About the Time of His Majesty's Withdrawing
from Hampton Court, the Houses did communicate to
us new Propositions, resolved on by them to be presented to His Majesty; after Receipt whereof, we
did, in our Paper of the 17 of November, insist
on our former Desire for a Personal Treaty with
His Majesty: But receiving no Answer to that, nor
to our Paper of the 5, and our positive Answer being
demanded to the new Propositions; upon the 23 of
November, we resolved once again to desire an Answer to our former Papers; a Personal Treaty being
in our Judgement a readier Way to compose all Differences than the sending of these new Propositions,
wherein there are so great and essential Differences
from what was formerly agreed on by both Kingdoms. And to the End there might be no Lett or
Delay on our Part, which might hinder the Settling
of a Peace, we desired a Conference with a Committee of both Houses, concerning the Expediency of a
Personal Treaty with His Majesty, and the Alterations made in the Propositions, that so, according to
the Treaty of the 29 of Novem. 1643, there
might be, with the Advice and Consent of both Nations, a speedy Agreement in those Things which are
to be the Foundation of the Peace of both. To all
which the Houses have been pleased to return no
Answer.
"However, it is no small Satisfaction to us, that we
leave no Means of Agreement unessayed, and that
the Retardment of the Settling of the Peace of the
Kingdoms cannot be charged on us. And, lest our
further Silence in Expectation of an Answer should
be mistaken, we have thought fit to represent our
Sense, concerning a Personal Treaty and the Propositions, to the Houses in Writing; which, had our
Desires been granted, we did intend to have done
by a Verbal Conference.
"There be some Things which properly concern the
Kingdom of England, their Rights, Laws, and Liberties: But there be other Matters, which, in their
own Nature as being common to both, or by Covenant or Treaty, concern both Kingdoms; wherein, unless we would forget our Duty to God, to the King's
Majesty, to our Native Kingdom, and to this Nation,
our common Concernment and Interest cannot be denied. For, as Scotland was invited and engaged in
this War upon Grounds and Reasons of Common
Interest; so we trust it will not be offensive, that, in
making of Peace, we claim from the Houses an Improvement of the very same Principles, and a Performance of the Treaties they have made with us;
that the same Measure of Conjunction of Interests
be given to us, which was had of us and promised
unto us wherein the very Law of Nations and the
Rule of Common Equity doth plead for us. Yet, in
the Application of this Rule, we shall not stretch ourselves beyond our Line, the express Conditions of our
Solemn League and Covenant, the Duty of our Allegiance, and the Treaties and Declarations between the
Kingdoms, which are so many strong Obligations as
all who have Honour or Conscience must acknowledge
should be inviolably observed.
"Having laid this as a most just and solid Ground of
our Proceedings, we shall first speak of the best and
most probable Means to procure a good Agreement
with the King, for settling Religion and a lasting
Peace; and next of the Propositions, which are to be
the Foundation of the Peace and Safety of both
Kingdoms. And it is still our Opinion and Judgement,
That the most equal, fairest, and just Way to obtain
a well-grounded Peace, is by a Personal Treaty with
the King; and that His Majesty, for that End, be
invited to come to London, with Honour, Freedom,
and Safety; for which we offer the Reasons following:
"1. The sending of Propositions without a Treaty
hath been often essayed without Success; and
the new Propositions are less to the Advantage
of the Crown than the former: Therefore
we have no Reason to expect better Satisfaction that Way than formerly we had.
"2. The King's Removal from His Parliament is
acknowledged by the Houses, in several Declarations, to be the chief Cause of all the
War, Mischief, and Calamities of the Kingdoms: Then His Majesty's Presence with His
Parliament must be the best, if not the only,
Remedy to remove our Troubles.
"3. In a Personal Treaty, the Commissioners of
both Kingdoms may give Reasons for the
Equity and Expediency of our Desires. But
without a Treaty, or giving Reasons for asserting the Lawfulness and Expediency of the
Propositions to be presented, they may be
esteemed Impositions.
"4. The King may have some just Desires to
move, for the Crown and for Himself; as,
that He may have His Revenues, and that He
may be restored to His Royal Government:
Which may be done with greater Honoured
Satisfaction to Him by a Personal Treaty than
otherwise.
"5. A Personal Treaty with the King is the best
Way to beget a mutual Confidence between
Him and His Parliament; it is the best Way
to clear His Doubts, and to remove all Difficulties; and it is the absolute best Way for giving and receiving mutual Satisfaction.
"6. We cannot expect that His Majesty will grant
in Terminis whatsoever Propositions shall be
sent unto Him; nor can every Thing in the
Propositions be of that Importance, as that the
not granting of it ought to hinder a Peace;
neither will the Houses of Parliament give
full Power to their Commissioners to make
Alterations in the Propositions as they shall
see Cause upon Debate: Wherefore a Personal
Treaty with His Majesty at London is the most
probable and expeditious Way to remove or
reconcile all Differences.
"There is One common Objection wherewith many
are possessed and prejudiced against a Personal Treaty
with the King, and His coming to London, ["That
His Presence may breed Division, and continue our
Troubles; and that, when His Majesty desired to
come hither from Oxford with Freedom and Safety,
it was thought unfit, and denied by the Houses and
the Commissioners from Scotland."] But that Argument now hath no Force at all; for the Case of
Affairs, the King's Condition and ours (which were
given for Reasons in that Answer to His Majesty) are
quite altered from what they were then. Then the
King had Armies in the Fields, He had Garrisons and
strong Holds to return to: Now He hath none of
these; and His Majesty offers a full Security against
all Hostility or Danger can be expected from Him, by
granting to the Houses the Power of the Militia by
Sea and Land during His Reign, as is expressed in
His Majesty's late Message from Caresbrook Castle.
And for a further Answer, we desire the Houses to
remember their Reply to His Majesty's Message of
the 11 of September, 1642; where, after Mention of
their chief Grievances, they say: ["All this notwithstanding, as we never gave Your. Majesty any just
Cause of withdrawing Yourself from Your Great
Council; so it hath ever been, and shall be, far from
us, to give any Impediment to Your Return, or to
neglect any proper Means of curing the Distempers
of the Kingdom, and closing the dangerous Breaches
betwixt Your Majesty and Your Parliament, according
to the great Trust which lieth upon us. And if Your
Majesty shall now be pleased to come back to Your
Parliament without Your Forces, we shall be ready
to secure Your Royal Person, Crown, and Dignity,
with our Lives and Fortunes; Your Presence in this
Great Council being the only Means of any Treaty
betwixt Your Majesty and them with Hope of Success."] And if they were esteemed Enemies to the
Parliament and the Peace of the Kingdoms who advised the King to withdraw from His Parliament, what
Estimation will the World have of them, who, after
such a Declaration, will not suffer Him to return to
His Parliament, when He offers to cast Himself into
their Arms? If so kind an Offer shall be refused,
and the King driven to Despair, it is to be feared
these Kingdoms shall be involved into greater Difficulties than ever. And therefore we do hold, that the
admitting the King to come to London with Honour;
Freedom, and Safety, and granting of a Personal
Treaty with His Majesty upon such Propositions as
shall be agreed upon by Advice and Consent of both
Kingdoms, is the most probable and only best Means,
with Hope of Success, for settling a well-grounded
Peace.
"Having spoken of the readiest Means to obtain a
just and lasting Peace; we shall next fall upon the
Consideration of the Propositions, which are to be
the Foundation of our Peace. And the most compendious and succinct Way to a good Agreement and
unanimous Resolution upon them is, in the First
Place, to consider and remove our Differences; which
are chiefly in Religion, the Interest of the Crown,
and in the Union and joint Concernment of the
Kingdoms.
"We shall begin with that of Religion, which, for
the incomparable Excellency thereof (although it be
amongst the last of these new Propositions), deserves
the Preference. It is the Primum quærite, the Unum
necessarium; we ought to build the House of God
before our own. The Law of Piety and true Policy
doth require that Religion, which rendereth to God
His Due, have the Precedency; and therefore (upon
Debate), before we went to the Treaty at Uxbridge,
it was agreed betwixt the Houses and us, That the
Propositions of Religion should be in the First Place,
and first treated and agreed upon, before any Agreement upon any other Proposition. And His Majesty,
in His late Message from Caresbrook Castle, begins at
Religion, as the best and chiefest Foundation for
Peace. Wherefore, if this changing of the former
Order and Method of the Propositions be only their
Error to whom the Reviewing of the Propositions
was committed, and if the Houses have not fallen
away from their First Zeal, we desire that it may be
rectified, and the former Method kept. And so we
come to the Matter of the Propositions.
"The material Differences and Alterations concerning
Religion may be branched into the Error of Omission
and Deficiency, and into that of Commission and
Excess. That which is left out, is no less than the
Solemn League and Covenant: And shall the Covenant, which is as solemu a Vow as Creatures on
Earth could make to God in Heaven, and the greatest Tie betwixt Men on Earth (to which the most
high and dreadful Name of The Lord God Almighty was interposed), be offered up in a Sacrifice,
and buried in the Ashes of Oblivion? Shall our
Covenant, for the Preservation and Reformation of
Religion, for the Honour and Happiness of the
King, and the Peace and Safety of the Three Kingdoms, and for the Maintenance and Defence of the
Laws and true Public Liberties of these Kingdoms;
which was declared by both Kingdoms to be a fit and
most excellent Means to acquire the Favour of God
towards both, and likewise to unite them, and, by
uniting, to strengthen them against the common Enemies of the true Reformed Religion, and the Peace
and Prosperity of these Kingdoms, and which in all
former Propositions was desired to be established; be
now deleted, as unworthy to take Room amongst these
new Propositions? Shall the Covenant; which both
Houses did recommend to the Assembly of Divines to
make a Declaration to all Sorts of Persons to take it,
as that which they judged not only lawful, but exceeding expedient and necessary for all that wish well
to Religion, the King, and Kingdom, to join in, and
to be a singular Pledge of God's Gracious Goodness
to all the Three Kingdoms; (we say,) shall that Covenant be laid aside? Shall our mutual and solemn
League and Covenant, subscribed by the Parliaments
of both Kingdoms, by the Assembly of Divines, by
the City of London, and which not only they, but
all Scotland, and many Thousands in England and
Ireland, with Hands lifted up to The Most High
God, did swear, ["That they shall not suffer themselves directly or indirectly, by whatsoever Combination, Persuasion, or Terror, to be divided and withdrawn from that blessed Union and Conjunction,
whether to make Defection to the contrary Part, or
to give themselves to a detestable Indifferency or
Neutrality in this Cause, which so much concerneth
the Glory of God, the Good of the Kingdoms, and
Honour of the King; but shall all the Days of their
Lives zealously and constantly continue therein,
against all Opposition, and promote the same, according to their Power, against all Letts and Impediments whatsoever; and that they shall do all this
as in the Sight of God;"] shall that Covenant (even
with those that took it) be already out of Date, and
not so much as remembered amongst the Propositions
of Peace? Yea, it is not so much as mentioned in
these new Propositions, except in the 7 Qualification
of the 14 Proposition, where it is only made a Hook
to catch some into the Notion of Delinquency: But
perhaps there it escaped the Revisers of the Propositions, who in all other Places have exploded it.
Matth. x. 32, 33.
Declaration delivered in Scotland, July, 1643.
"It is answered by some, That by One of the Propositions it is craved, That an Act of Parliament be
passed, declaring the King's Approbation of the making of the Treaties between the Kingdoms of Scotland
and England, in which Treaties there is Mention
made of the Covenant; and therefore it is not necessary to desire a particular Confirmation and Establishment of the Covenant. To which it is briefly
replied, First, That there is no Proposition for passing
any Act of Parliament to confirm the Treaties between
the Kingdoms, as was desired in all former Propositions; but these Words are purposely changed, and
in Place thereof there is only desired, "An Act declaring the King's Approbation of the making of the
Treaties;" which in Effect is no more than an Act of
Indemnity for making the Treaties, and not an Act
for Confirmation and Establishing of the Treaties themselves, and those Things which are expressed and
transacted in them. 2. Suppose there were an Act
of Parliament passed, for Approbation of the Treaties
between the Kingdoms in general (which is not in
these Propositions); yet such a Generality would not
be understood to be extended to the Confirmation of
the Covenant, unless the particular Articles of the
Treaty and the Covenant were expressly inserted;
because there was an express Proposition amongst the
former, "That an Act of Parliament be passed in
both Kingdoms, for confirming and taking the Covenant;" which being now left out of the new Propositions, without mentioning the Covenant, cannot but
be interpreted as a Receding from the Covenant; and
the Approbation and Confirmation of the Treaties in
general (after deleting the Covenant out of the Propositions) would only be understood of the remaining
Articles of the Treaties. Therefore, if there be not
an Intention to relinquish the Covenant, let us not be
ashamed to avow it, and insert the confirming of it
as One of the chief and express Desires of our Propositions: [Let us give Testimony and bear Witness to
the Truth, and not deny it; remembering that whosoever
shall give Testimony to Christ and His Truth by confessing Him before Men, He will also confess them before
His Father which is in Heaven: And whosoever will
deny him before Men, them will He deny before His Father which is in Heaven.] And seeing the Covenant
was the sovereign and only Means of recovering these
embroiled bleeding Kingdoms, when the Houses were
at their lowest Ebb; and desired the Kingdom of
Scotland ["to consider with what Difficulties, Miseries, and Distractions, they were enforced daily to
wrestle, even for the Life and Being both of Church
and State";] surely the despising, refusing, and casting aside that Remedy, would be the Height of Ingratitude, must render the Disease much more desperate,
and turn our former mutual Confidence into mutual
Diffidence. And therefore we desire that the Houses,
upon better Consideration, will still adhere to the
Covenant, and insert it among the Propositions.
"And whereas the King's Averseness from the Covenant may be objected, and that the desiring to have
it confirmed may be a Hinderance to Peace; we
answer, If the omitting of the Covenant in these
Propositions doth really proceed from that Principle,
that the Houses are desirous to please the King, and to
remove all Obstructions that may hinder a Peace;
we do very much wonder, that they are so liberal in
the Matters of God, and so tenacious in what concerns themselves, in all Differences betwixt His Majesty and them in Things Civil, which may far better
be dispensed with. But, to answer the Strength of
the Objection, we say, That the Covenant being
for the Preservation and Reformation of Religion,
and for the true Honour and Happiness of the King
and His Posterity, and for the Peace and Safety of
His Kingdoms, whatever be the Difference of His
Majesty's Judgement, we have just Cause to insist to
crave His Royal Assent to it; and the King's Heart
is in the Hands of God, to turn it, as the Rivers of
Waters, whither He pleaseth: And although the King
should deny it, yet we ought to perform our Duty.
And when His Majesty shall be convinced that our
Intentions in entering into this Covenant were and
are pious and loyal; and that our Actions do evidence
that we intend no Injury to His Royal Person,
to wrong His Government, nor to diminish His
just Power; we hope God will incline His Heart
to give just Satisfaction concerning the Covenant.
And though His Majesty shall not come the full
Length of our Desires, yet we must never depart
from the Covenant, nor leave off by all just Ways to
promote it, or desist from endeavouring by all lawful
Means to procure His Majesty's Assent unto it; But
we desire that we may be rightly understood in this,
and not misconstrued; as if our Zeal for the Covenant did abate or diminish at all from our Loyalty and
Duty to the King (for the Covenant doth not lessen
or limit our Allegiance, as some would falsely slander
it, and those who sincerely and loyally took it); or
that, upon Difference of His Majesty's Judgement,
and not coming the full Length of our Desires in every
Thing, He should be kept in Prison; or that Arms
should be kept up (now when the War is ended), to
burden the Subjects, and force the King to grant
what they please to demand. We were confident
(when our Army returned to Scotland, and left no
Forces in this Kingdom to oppose the Parliament)
that the Army here should have been instantly disbanded; and could never have expected that the King's
Majesty, to whom the Parliaments of both Kingdoms
were to make their Addresses for a safe and wellgrounded Peace, should have been taken away by the
Army against His Will, and still kept in their Power,
to be carried whither they please, or forced to fly
for Safety. If Scotland had apprehended that the
least Injury or Violence would have been committed
against His Majesty's Royal Person or Monarchical
Government; nay, if they had not received Assurance from the Houses to the contrary; certainly all
the Threatenings or Allurements in the World could
never have persuaded them to have parted with the
King, till all Armies had been disbanded, and the
Peace of the Kingdoms settled. It was our Brotherly
Confidence in the Houses (who are our Fellow Subjects), and the Assurance we had from them, that
made us leave the King with them; and their Care of
Him, and Duty to Him, ought to be such, as neither
His Majesty nor we have Cause to repent it. And
this we could not but declare, to assert the Truth and
vindicate the Honour and Reputation, of our Nation;
for our Loyalty hath ever been, is, and shall be,
dearer unto us than our Lives and Fortunes; and the
Candour and Integrity of all our Actions is a sufficient Confutation of all the Calumnies and Aspersions
which Malice or Envy can forge against us.
Page 492, Collection of Declarations.
Enalish Commssioners, August, 1643.
"We find also these Propositions omitted; videlicet,
the Proposition for confirming the Ordinances concerning the Calling and Sitting of the Assembly of
Divines; the Proposition for Reformation of Religion
in England and Ireland, according to the Covenant;
and the Proposition for settling Unity and Uniformity
in Matters of Religion between the Churches of God
in both Kingdoms, according to the Covenant: In
Place of all which, we find nothing but a mere Shadow of Presbyterial Government, an external Form
of Discipline without Life or Power, and a Liberty
granted for all Sorts of Service and Worship of God,
and for the Exercise of all such Religious Duties
and Ordinances as every Person shall please, and his
own erroneous Conscience shall dictate unto him (for
there is no other Rule prescribed); which opens a
Door to Atheism, to all Religions, and to that which
(by Abuse of the Name) is called Liberty of Conscience, being indeed Liberty of Error, Scandal,
Schism, Heresy, dishonouring God, opposing the
Truth, hindering Reformation, and seducing others:
So, in Place of Uniformity in Religion, which by
Covenant both Kingdoms have sworn to endeavour,
there is here desired to be settled a vast Deformity, or
Multiformity, of Heresies and Sects; which, if the
Lord in His Mercy shall not prevent, may produce
the Ruin of Religion in both Kingdoms; which we
have just Reason to fear, as for other Reasons, so
when we consider the Declaration of the Houses of
Parliament, speaking of the Design of the Popish and
Prelatical Faction to alter Religion in this Island; of
whom they say, First, ["They resolved to impose a
Popish Service Book upon Scotland; for well they
knew the same Fate attended both Kingdoms, and
Religion could not be altered in the one without the
other."] And in Answer to the Scots Declaration,
Page 601, ["Whensoever the Design to root out
Religion shall be perfected in either Nation, it will
easily be accomplished in the other; Religion being
the Band and Foundation of the Safety and Happiness of both."] And in August, 1643, the English
Commissioners declare to the Kingdom of Scotland,
["That they are commanded, by their Instructions,
to put their Brethren of Scotland in Mind, That the
Popish and Prelatical Faction, that began with them
about the Year 1638 and 1639, and then intended to
make Way to the Ruin of the Kingdom of England by
theirs, have not abated any Part of their Malice
toward the Nation and Church of Scotland, nor at all
departed from their Design of corrupting and altering
Religion through the whole Island; though they have
inverted the Manner of their Proceeding, conceiving
now that they have an easier Way to destroy them if
they may first prevail over the Parliament and Kingdom of England: In which respect, it is the Desire of
both Houses, That the Two Nations may be strictly
united, &c."] And in another Paper it is declared,
That [" what Corruptions take Root in the Church
and Kingdom of England will quickly spread their
Venom and Infection into the neighbour Church of
Scotland."] Wherefore we cannot but dissent from
this Proposition; and, according to the Trust reposed
in us, represent our just Exceptions against it. And
first of all, we think it very strange, that the Houses
of Parliament should desire an Act of Parliament to
be made for establishing Presbyterian Government,
and in the very same Proposition desire that it may be
enacted, That none shall obey that Act of Parliament
but such as shall please to do it. 2. We observe,
That however it is pretended that Presbyterian Government is desired to be established as the Government of the Church of England, yet it is only in Effect a Liberty granted to all such as of their own
Accord will join in Presbyterial Government, and
so amounts to no more than a Toleration of it.3. That this Toleration of Presbyterian Government is
many Ways limited; as, in the Time for which it is to
endure, being only to the End of the next Session of
Parliament after the End of this present Session,
which perhaps may be not above Six Months; and
the Ministers and Elders are appointed by Ordinance of Parliament to exclude from the Sacrament,
only such Persons as the Houses have thought fit, and
no others, though it be against their Consciences so to
do: They are bounded with several Rectrictions in
their Meetings and Assemblies, and are not allowed
the Use and Exercise of all the Ordinances appointed
by the Word of God; so as Liberty of Conscience is
denied to them, and granted to others: For, 4. An
unlimited Toleration, for the Time of Endurance,
Matter of Worship, and Exercise of all Ordinances,
is expressly granted to all the Sectaries of the Time,
whether they be Anabaptists, Antinomians, Arminians, Familists, Erastians, Brownists, Separatists, Libertines, or Independents; yea, it extends to those
Nullifidians the Seekers, to the new Sect of Shakers,
and divers others: By all which, the very Foundation of Church and State is shaken and near to be
overthrown. 5. The Toleration here desired to be
established is of that Capacity and Latitude, as
it may admit of many vile and gross Errors, which
have been condemned and cast out of the Church in
former Times, and may be revived in England; as if
Errors and Heresies were of so precious a Nature,
that Men should be encouraged by Law to enquire
after them, and invited to maintain them. 6. This
Toleration is not only to the Persons of those Sectaries and their Families; but gives a full Liberty to set
up their Professions in any fit and convenient Places,
that so Scandals, Heresies, Schisms, and new Religions, may grow in their Kinds, and also multiply in
the Number of Professors and Disciples, as if there
were not enough already. 7. Though it seemeth
that a Provision is made, that this Indulgence shall not
extend to the Toleration of Antitrinitarians, Arians,
and Antiscripturists; yet there is no more expressed,
but that this Indulgence shall not extend to tolerate
the printing, publishing, or preaching, such Blasphemies and Errors as they do maintain, against God, the
Holy Trinity, and the Scriptures. They are not made
liable to any Penalty. And suppose Penalties were
imposed upon them, for printing, publishing, or
preaching those Errors; yet they are by this Proposition left to a full Liberty to maintain them in Private;
to reason and dispute, That there is no God, That
Christ is but an Impostor, That there is no such
Thing as the Holy Ghost, That the Scriptures are
but like other Writings; blaspheming at their Pleasure, and seducing others to their Opinions in Secret:
All which, and much more, according to this Proposition, may not be questioned. And so in Reality,
though not in Pretext, they shall be tolerated as well
as others. 8. All prophane and wicked Persons are
left at Liberty, by this Toleration, to do what they
please; for they are not obliged to be subject to any
Discipline or Government, and so neither the Duties
of the First nor Second Table of the Law of God
shall be observed; but all Sorts of Impiety and
Works of Darkness shall abound; and such as hate
the sincere Worship of God in the Church may have
the most unlawful and wicked Meetings elsewhere,
under a Profession of Religious Exercises or Ordinances. We might add more Exceptions against this
Proposition; but these, we trust, may suffice to make
any that is but a little endued with the Light of the
Gospel, and hath any Love to the Truth, for to detest and abhor such a Toleration.
"And now we desire the Houses of Parliament to
remember their Remonstrance of the State of the
Kingdom, of the 15 of December, 1642, where they
resent it as a great Injury, that any ["should infuse
into the People, That they mean to leave every Man
to his own Judgement and Fancy for the Service
and Worship of God; and do declare that it is far
from their Purpose and Desire, to let loose the golden
Reins of Discipline and Government in the Church, to
leave private Persons or particular Congregations to
take up what Kind of Divine Service they please;
and hold it requisite that there should be throughout
the whole Realm a Conformity to that Order which
the Laws enjoin, according to the Word of God']:
How consonant this Toleration is to that Declaration,
we leave it to the Houses of Parliament and all wise
Men to consider; and whether the Danger of the true
Reformed Religion in these Kingdoms be not greater
now than before the taking of the Covenant; yea,
or since Christian Religion came first into this Island;
when Toleration of all Religions (the Name of Popery only excepted) is desired by the Houses of Parliament to be established by Law, and the very Principles and Fundamentals of Faith, which under Prelacy, yea under Popery itself, were generally received as uncontroverted, are now by many Sectaries
of this Time either oppugned or called in Question.
"There are divers other Passages, in the Declarations
and Ordinances of both Houses, to the same Purpose;
but here we shall only mention One or Two. In particular, we would have the Houses call to Mind their
Declaration and Answer to the Lords of His Majesty's Secret Council of Scotland, and the General
Assembly of the Church of that Kingdom, in the
Year 1642; where, besides other Expressions, they
use these Words, ["We acknowledge it an Act of
Love to us, and Wisdom for the Good of both
Churches, for which we are thankful both to God
and them, that our Brethren of Scotland have bestowed their serious Thoughts and earnest Desires for
Unity of Religion, That in all His Majesty's Dominions there might be One Confession of Faith, One
Directory for Worship, One Public Catechism, and
One Form of Church Government: And although it
will hardly be obtained punctually and exactly, unless
some Way might be found for a mutual Communication and Conjunction of Counsel and Debate in framing that One Form; yet, both intending the same
End, proceeding by the same Rule of God's Word,
and guided by the same Spirit, we hope, by God's
Assistance, to be so directed, that we may cast out
whatsoever is offensive to God, or justly displeasing to any Neighbour Church; and so far agree
with our Brethren of Scotland, and other Reformed Churches, in all substantial Parts of Doctrine,
Worship, and Discipline, that both we and they
may enjoy those Advantages and Conveniences which
are mentioned by them in this their Answer; in the
more strict Union of both Kingdoms, more safe, easy,
and comfortable Government of His Majesty, and,
both to Himself and People, more free Communion in all Holy Exercises and Duties of Worship, more constant Security of Religion against the
bloody Practices of Papists, and deceitful Errors of
other Sectaries."] And having there made known
their Resolution to take away the Government by
Bishops, they desire some godly and learned Divines
of that Church to be sent to the Assembly of Divines
here, whereby an Uniformity in Form of Church
Government may be obtained, and One Confession of
Faith, One Directory, and One Catechism, may be
settled in all the Three Kingdoms; which Desire was
afterwards renewed to their Commissioners sent to
Scotland: And in End the mutual and joint Desires of both Kingdoms were crowned with a Solemn League and Covenant, as for other Ends, so for
endeavouring the nearest Conjunction and Uniformity
in all these, and for Extirpation of Heresy and
Schism. These Four Years past, the Labours of many
learned and godly Divines of both Kingdoms thereunto
appointed have been spent, in framing a Directory for
Worship (which was long since approved and received in both Kingdoms), a Confession of Faith, a
Form of Church Government, and Catechising: All
which have been presented to both Houses, and some
Progress was made therein toward the establishing of
them, till of late they were laid aside.
"The Houses not many Months since did appoint a
solemn Fast and Day of Humiliation to be kept
throughout the whole Kingdom, because of the
Growth of Heresies, Blasphemies, and Schisms: The
Words of the Ordinance are these, ["We, the Lords
and Commons assembled in the Parliament of England,
having entered into a solemn Covenant, to endeavour
sincerely, really, and constantly, the Reformation of
Religion, in Doctrine, Discipline, and Worship, and the
Extirpation of Popery, Superstition, Heresy, Schism,
Prophaneness, and whatsoever shall be found contrary
to sound Doctrine and the Power of Godliness; and
having found the Presence of God wonderfully
assisting us in this Cause, especially since our said Engagement in Pursuance of the said Covenant; have
thought fit (lest we partake in other Mens Sins, and
thereby be in Danger to receive of their Plagues) to
set forth this our deep Sense of the great Dishonour
of God, and perilous Condition that this Kingdom is
in, through the abominable Blasphemies and damnable Heresies vented and spread abroad therein,
tending to the Subversion of the Faith, Contempt of
the Ministry and Ordinances of Jesus Christ: And
as we are resolved to employ and improve the utmost
of our Power, that nothing be done or said against
the Truth, but for the Truth; so we desire that both
ourselves and the whole Kingdom may be deeply
humbled before the Lord, for that great Reproach
and Contempt which hath been cast upon His Name
and Saving Truths, and for that swift Destruction that
we may justly fear will fall upon the immortal Souls of
such who are, or may be, drawn away by giving
Heed to seducing Spirits. In the hearty and tender
Compassion whereof, we, the said Lords and Commons, do order and ordain, That Wednesday, being
the 10 Day of March next, be set apart for a Day of
Public Humiliation, for the Growth and Spreading
of Errors, Heresies, and Blasphemies, to be observed
in all Places within the Kingdom of England, Dominion of Wales, and Town of Berwick; and to seek
God, for His Direction and Assistance for the suppressing and preventing the same."]
"And are these the Ways and Means that the
Houses of Parliament have thought upon, for suppressing Errors, Heresies, and Blasphemies, to desire
that a Toleration of them may be established by a
Law? Is the laying of a Foundation to propagate
Heresy and Schism the best Way to extirpate the
same? Are these the Fruits and Effects of their Solemn Fast and Humiliation? Certainly God will not
be mocked!
"The Covenant doth also oblige us mutually to preserve the Authority of the Supreme Magistrate, the
Privileges of Parliaments, and firm Peace and Union
between the Kingdoms, to all Posterity. And is it
not visible, that many of those Sectaries, with their
Adherents and Abettors, do, by their pernicious
Doctrine and Actions, offer Violence to the King's
Person and Authority, and against the Rights and
Privileges of Parliament; so as there is not any One
Article of the Solemn League and Covenant which
is not in a high Degree violated by them? And shall
a Toleration be established for all such? The opposing the Covenant and Reformation of Religion,
the Dividing betwixt the King and his People, or
making any Faction among the People contrary to
this League and Covenant, were formerly the Characters of our Enemies: And whosoever maintain and
do these Things (though they should assume to themselves the Name of Saints) are still to be accounted Incendiaries, Malignants, and Evil Instruments; and
we are obliged by Covenant with Faithfulness to endeavour the Discovery of all such, that they may be
brought to public Trial, and receive condign Punishment.
"And though it be far from our Intentions that
pious and peaceable Men should be troubled, because
in every Thing they cannot conform themselves to
Presbyterial Government (for we did never oppose
such an Indulgence to their Persons as is agreeable
to the Word of God, may stand with the Public
Peace, and is not destructive to the Order and Government of the Church); yet we do from our very
Souls abhor such a general and vast Toleration as is
expressed in the Proposition. And if the Houses
(which God forbid) shall adhere thereunto, and insist
that it may be established, we do protest against it,
as that which is expressly contrary to the Word of
God, utterly repugnant to the Solemn League and
Covenant, destructive to Reformation and Uniformity
in Religion, altogether inconsistent with the Declarations and Professions of the Houses, against the
Treaty between the Kingdoms, directly opposite to
the Example and Practice of all the Reformed
Churches, and as that which will unavoidably subvert all Order and Government, and introduce a
World of Confusion. Our Minds are astonished, and
our Bowels are moved within us, when we think of
the bitter Fruits and sad Consequences of such a Toleration. What horrid Blasphemies against God!
what vile Abominations! what pernicious Doctrine,
to the Subversion and Perdition of Souls! what Disobedience to the Magistrate! what Violation of Duties between Persons of nearest Relation! what Differences and Divisions in Families and Congregations,
it will bring forth! what bitter Heart-burnings it will
beget, and perpetuate to Posterity! Nay, it is impossible for us to express what infinite Distraction,
Disorder, and Confusion, it will make, both in Church
and State, throughout all the Three Kingdoms. And
therefore we do obtest the Houses of Parliament, by
the Solemn League and Covenant (which they have
made, in the Presence of Almighty God the
Searcher of all Hearts, with a true Intention to
perform the same, as they shall answer at that Great
Day when the Secrets of all Hearts shall be disclosed), and by all the Promises, Professions, and
Declarations, wherewith they induced the Kingdom of Scotland to an Engagement and Conjunction
with them in this Cause, that they do not establish
such an impious Toleration, as cannot but draw
down the Judgement of God, and make a Rent
between the Two Kingdoms, united by so many
Ties and Relations, which we desire to cherish and
strengthen, and to continue to all Posterity.
"That, next to Religion, wherein we differ in
Judgement from the Propositions, is concerning the
Interest and Power of the Crown. We are obliged,
by our Covenant, Allegiance, and the Duty of Subjects, not to diminish, but to support, the King's just
Power and Greatness. The Question then is, wherein His Royal Authority and just Power doth consist?
and we affirm, and hope it cannot be denied, that
Regal Power and Authority is chiefly in making and
enacting Laws, and in protecting and defending their
Subjects, which are of the very Essence and Being
of all Kings. And the Exercise of that Power are
the chief Parts and Duties of their Royal Office and
Function; and the Sceptre and Sword are the Badges
of that Power. Yet the new Preface, compared
with other Parts of these new Propositions, takes
away the King's Negative Voice, and cuts off all Royal
Power and Right in the Making of Laws, contrary
to the constant Practice of this and all other Kingdoms: For the Legislative Power in some Monarchies
is penes Principem solum, and their Laws are called
Principum Placita, which is the highest and most absolute Kind of Sovereignty; and in other Kingdoms
and Monarchies the Power of making Laws is by
Compact between the Prince and People, or according to the Constitution, Practice, and Usage, of
the several Kingdoms. In the last, the Power of the
King is least, but best regulated; where neither the
King alone without His Parliament, nor the Parliament without the King, can make Laws, and where
nothing enacted by the one without the Consent of
the other can have the Force of a Law. And although we will rather profess Ignorantiam & Facti &
Juris alieni, than take upon us to judge of the Laws
of another Kingdom; yet it seems to be very clear
and evident, by the Practice and Usage of all Times,
by the Parliament's own Declarations, and to be consonant to Reason and Law, That the King without
the Houses of Parliament, or the Houses of Parliament without the King, cannot enact any Laws; but
both jointly. And therefore the Laws are sometimes
called "The King's Laws," sometimes "The Laws
of the Land," and "Acts of Parliament;" and the
Form or Acts of Parliament sometimes begin with the
Word Concessimus, or Statuit Rex; and of later Times
Laws and Statutes begin, as being enacted by the
King with the Consent and Advice of the Lords and
Commons; all which do import the King's Power
and Consent as to the making of Laws: So that there
can be no Law made, and have the Force of a Law,
without the King; which likewise is clear by the
Expressions of the King's Answers, Le Roy le veut,
and Le Roy s'avisera. So as it is clear, from the
Words of Assent when Statutes are made, and from
the Words of Dissent, That the King's Power in the
Making of Laws is One of the chiesest Jewels of the
Crown, and an essential Part of Sovereignty. And
if the King had no Power nor Consent in making of
Laws, He would be less than a Subject. Sometimes
the King's Denial had been better than His Assent to
the Desires of the Houses of Parliament; as, when
Kings have assented to the taking away the Reading
of Scripture from the Laity, as Henry the Eighth
did; or to introduce Popery, as Queen Mary. And
since neither Kings nor Parliaments have the Judgement of Infallibility, it must certainly be the best,
where Laws are made with Consent both of King
and Parliament, which is the strongest Bulwark of
the People's Liberty, and Supporter of the King's
Authority. And the King being over divers Nations, this Form of Constitution, where neither
the King without His Parliament, nor the Parliament
without the King, can make Laws, is a good and
sure Security to preserve His Kingdoms in Peace from
injuring one another, and to protect the Subjects
from Injury amongst themselves. The Houses of
Parliament, Page 710 of The Exact Collection of Remonstrances and Declarations, answering an Argument
against the King's passing the Bill of the Militia,
make this Reply:
"If we had said (as we did not) that the King had
been bound to pass all Bills that should be offered to
Him by both Houses of Parliament, without any Limitation or Qualification of Reason or Justice; yet
such a Supposition as this could not fall upon a Parliament, much less that a King were obliged for to
grant it."
"And Page 727, "We did and do say, That the
Sovereign Power doth reside in the King and both
Houses of Parliament; and that His Majesty's Negative Voice doth not import a Liberty for His Majesty
to deny any Thing as He pleaseth, though never so
requisite and necessary for the Kingdom: And yet
we did not nor do say, That such Bills as His Majesty is bound both in Confcience and Justice to pass
shall notwithstanding be Law without His Consent, so
far are we from taking away His Negative Voice."
"Wherefore the Power in making Laws, even according to the Parliament's own Declarations, cannot be taken away from the King, and He required
to assent to all such Laws as the Houses shall think
fit, according to the Preface of these new Propositions, without a Change of the Constitution and fundamental Government of the Kingdom.
"Concerning the Power of the Militia; we do desire, and shall be willing to agree, that it may be so
settled as neither the King nor any other be able to
disturb or infringe the Peace now to be agreed upon.
And we think that, in His Message from Caresbrook
Castle, He hath offered that which should be very satisfactory. But that the King, His Posterity, and the
Crown, should for ever be divested of all Power and
Right of the Militia, is different from our Judgements: For, if the Crown have no Power of the Militia, how can they be able to resist their Enemies
and the Enemies of the Kingdom, protect their Subjects, or keep Friendship or Correspondence with
their Allies? All Kings, by their Royal Office and
Oath of Coronation, are obliged to protect their
Laws and Subjects. It were strange then to seclude
the Crown for ever from the Power of doing that
which by the Oath of Coronation they are obliged
to perform, and the Obedience whereunto falleth
within the Oath of Allegiance. And certainly, if
the King and His Posterity shall have no Power in
making Laws, nor in the Militia, it roots up the
strongest Foundation of Honour and Safety which
the Crown affords, and will be interpreted in the
Eyes of the World to be a Wresting of the Sceptre
and Sword out of their Hands. It is very far from
our Desires that Monarchy should be at the absolute
Height of an arbitrary and tyrannical Power; neither desire we, just Monarchical Power to be wronged,
and rendered contemptible: But to have such a
golden Mediocrity, as they may be able to protect
their Subjects, and oppose their Enemies, according
to the fundamental Laws and ancient Constitution of
the Kingdom.
"Before the last Propositions were sent to His Majesty at Newcastle, both in Verbal Debates and in
our Writings we did shew, That we were unsatisfied
concerning several Particulars contained in those Propositions; particularly, when we did consent that the
Power and Exercise of the Militia should be settled
in the Houses of Parliament for a Time, we did it
with this Provision, That it were understood to be
without Prejudice to the Right and Interest of the
Crown; and that the King and His Posterity be not
totally excluded and rendered incapable to protect
Their Subjects, and oppose the Enemies of the Kingdoms: And farther, when we gave Way to the
sending of those Propositions, we did declare it to be
our Judgement, That divers Things craved therein
were such, as Peace or War ought not to depend
upon the Grant or Refusal of them. We ever did,
and must still, hold it as a good Rule, in the Making
of a Peace, that the more moderate and reasonable
our Desires be, we may expect the firmer Peace:
Wherefore as, in the Difference betwixt the King
and the Parliament, we think it very unjust to exclude the King from His just Power in the Militia; so,
when we look upon the Liberty of the Subject, we
think neither King nor Parliament ought to keep up
an Army in the Field when the War is ended, to the
vast Expence and utter Impoverishing of the People;
the Trained Bands of the Kingdom (which may be
made Use of with little Charge), and the Forces
which may be kept in some Chief Garrisons, being
sufficient to suppress any Commotion or Disturbance
that is likely to arise upon Occasion of the late Troubles. And we conceive an Army should be kept up
only in the Case of a powerful Insurrection within
the Kingdom, or of a Foreign Invasion from without.
And otherwise to maintain a perpetual Army in the
Bowels of the Kingdom, upon the Expence of the
Subject, when there is no Enemy to fight with, is but
to enslave the King and Kingdom under a Military
Bondage.
"When our Army returned to Scotland, it was confidently expected that the Houses should have speedily
disbanded their Army (the War being at an End, and
no visible Enemy in the Kingdom), and proceeded to
the settling of a Peace here, and to the effectual Relief of Ireland. But now, after a full Year's Delay
almost, we do not find amongst all these Propositions any Thing concerning the Disbanding of Armies,
or sending Relief to that distressed Kingdom; but, on
the contrary, there is only Provision made for keeping up Armies, and raising Money for their Maintenance. We must therefore declare to the Houses,
That it is our Judgement and earnest Desire, that
there may be a Proposition for disbanding Armies in
both Kingdoms. Armies were raised for Defence of
Religion, the King's Person and Authority, the Privileges of Parliament, and the Liberty of the Subject: And when they are no more useful for these
Ends, and the Houses may consult freely and act
securely without any hostile Opposition, it is high
Time to disband them, that the Laws of the Kingdom may take Place. Some of our Neighbour Nations are necessitated to keep up Armies, because they
have Enemies that lie contiguous and adjoining to
their Borders: But the Sea is our Bulwark; and if
we study Amity and Peace amongst ourselves, and
entertain the Union between the Kingdoms under
His Majesty's Government, we need not fear Foreign
Invasion. It is a Custom in other Nations, to keep
up Armies to levy Monies by Force. But these are
Free Kingdoms; and when they have been fighting
for Liberty and Freedom, we trust that it is not intended that War should be made a Trade, or that
their Wars shall end in Slavery. The Continuance
of Armies will certainly increase Factions and Divisions, to the great Weakening of the Kingdoms;
and will in End expose us as a Prey to our Enemies.
Neither is it possible, so long as they are kept up,
that there can be a settled Peace. The Charge of
entertaining Armies is needless when there is no Enemy, and extremely grievous to the People, who before were willing to bear it when they saw a Necessity for it. And now, after so great Sufferings
and vast Expence of Treasure to Soldiers for many
Years together, the Burden is become insupportable.
For these and many other Reasons which we could
add, we hold it most necessary, that as there is a
Proposition for Payment of the Arrears of the Army,
so also there be an Addition unto it for their Disbanding.
"Touching the conferring Titles of Honour; we
desire the King, who is the Fountain of Honour,
may not be deprived of that which in all Ages and
Kingdoms hath been held and esteemed a Flower of
the Crown, and wherewith Kings do usually recompense the Virtue and Merits of such as do memorable
Services to the Crown or Kingdom. And as to the
disposing of the great Offices of State, and naming
of Privy Counsellors, we conceive His Majesty's Offer in His late Message of the Sixteenth of November
to be so reasonable, as may give Satisfaction to the
Houses.
"That which we are to speak of next in Order is,
the Union and joint Interest of the Kingdoms; where
we wish we had not just Cause to expostulate, that the
Houses have omitted the Covenant in these Propositions, rejected all that concerns Unity and Uniformity in Religion, and have altered the former Proposition for Confirmation of the Treaties, and desired now only an Approbation of the making of
them, which amounts to no more than an Act of Indemnity. They have also, in that Proposition, omitted these Words ["with all other Ordinances and
Proceedings passed betwixt the Two Kingdoms, and
whereunto they are obliged by the foresaid Treaties",] which Words were inserted in the former
Propositions after serious Debate; and therefore, if
the Houses intend to make good and perform all Ordinances passed betwixt the Kingdoms, according to
their manifold Professions, we desire that this Proposition may remain as before, without any Alteration
or Omission. The Proposition desiring His Majesty's
Consent to what the Two Kingdoms shall agree upon
in Pursuance of the Articles of the large Treaty,
which are not yet finished, is omitted. The joint
Declaration of both Kingdoms is likewise omitted;
and generally, throughout these Propositions, all Expressions of joint Interest are left out. And whereas
formerly the Propositions of both Kingdoms were
drawn up together in One Body; now, for separating
the Interest of the Kingdoms, the Propositions for
England are drawn up apart; which new Way when
we did observe, and what essential Alterations, Omissions, and Additions, were made in the Matter of the
Propositions, we desired a Conference, for removing
all Differences, and that we might the more speedily
attain to an Agreement; but it was not granted.
However, we have herein discharged our Duty, that
we use all Means to prevent Difference, and that we
for our Part study to observe the Treaty betwixt the
Kingdoms, where it is expressly provided, in the
Eighth Article, "That no Cessation, nor any Pacification or Agreement for Peace whatsoever, shall be
made by either Kingdom, or the Armies of either
Kingdom, without the mutual Advice and Consent of
both Kingdoms, or their Committees in that Behalf
appointed."
"And here we think it not amiss to remember the
Houses of Parliament of their Expressions in a Declaration to the Lords States Generall of The United
Provinces of The Low Countries; shewing why they did
not admit of the Mediation of the Dutch Ambassadors between the King and Parliament, in the Way
and Manner it was desired, without Application to
the Kingdom of Scotland. The Words of the Declaration are, ["That both the Kingdoms are mutually
engaged in the Propositions and Treaty thereupon;
and that neither could admit of their Mediation without Consent of the other, because the Two Kingdoms
were united, by solemn League and Covenant made
to Almighty God, and by League each to other,
as One entire Body, to prosecute this Cause; and
that, in Pursuance thereof, Propositions for a safe
and well-grounded Peace were then preparing, in a
joint Way, by the Parliaments of both Kingdoms."]
And whereas the Lords Ambassadors had propounded
and offered from the King, the calling of a National
Synod, to correct and redress the Government of the
Church by Bishops; One of the Answers which was
given thereunto in the said Declaration was, ["That
not only the Kingdom of Scotland and the Members
of both Houses of Parliament, but also many Thousands of others of His Majesty's Subjects of England
and Ireland, stand bound, by their late National Covenant, to endeavour the Extirpation of the Church
Government by Bishops, intended in the Paper of
the Dutch Ambassadors, both in England and Ireland, and to hinder the setting of it up again in the
Kingdom of Scotland."]
"All which being duly considered, we are extremely sorry that the Houses of Parliament should not
only have given Way, but countenanced the Army
in their meddling with the Settling of the Peace of
the Kingdom, and authorized Commissioners to treat
with them upon Propositions of Peace (which we take
to be the Reason that these Propositions are in so
many Things agreeable to the Proposals of the Army,
especially in Matters of Religion). And, without all
Question, it had been more agreeable to the Treaty
betwixt the Kingdoms, and to former Professions and
Proceedings, that the Propositions of Peace had been
framed and agreed upon with Advice and Consent of
both Kingdoms. We have known the Houses of Parliament formerly look upon it as an Offence of a high
Nature for any other than themselves to meddle in
the Matters of Peace, especially the Commanders and
Officers of the Army (though in prime Place, and
of great and eminent Fidelity); making it only proper for them to be exercised in Matters of War, according as they should receive Direction from the
Houses. And much more would the Houses have
been offended, if any Officers of their Army should
have taken upon them to offer Proposals to the King
for settling a Peace, without Authority from the
Houses, as we are informed some Officers of Sir
Thomas Fairfax his Army have done. If the Houses
of Parliament had, according to our earnest Desire,
the Third of March, 1644, when they modeled their
Army, made Choice of such Officers as were known
to be zealous of the Reformation of Religion, and
of that Uniformity which both Kingdoms are obliged
to promote and maintain; and if they had also renewed
their Declaration, made the Twentieth of September,
1643, "That they could not conside in such Persons, to have or execute Place and Authority in the
Armies raised by them, who did not approve and
consent to the Covenant;" or if their Ordinance on
the 15 of February, 1644, (which appointeth all
Officers to be employed in Sir Thomas Fairfaxe's Army to take the National League and Covenant of
both Kingdoms within Twenty Days after they were
approved by the Houses) had been really put in Execution; we are very confident it would have prevented a World of Inconveniences and Evils which
have ensued upon the Neglect thereof. We shall
not further insist on this Subject, neither shall we
enlarge our selves upon the Proceedings of the Army;
but we must always put the Houses of Parliament in
Mind, that our greatest Strength is in a good Agreement with the King, and a firm Union between the
Kingdoms.
"There is left out in these Propositions, the Proposition concerning the City of London, whereby they
were to have the Government of their own Militia
and The Tower, and Assurance that their Forces shall
not be compelled to go out of the City for Military
Service without their own Consent; an Act of Parliament, confirming their Charters, Customs, Liberties,
&c.; and an Act, That all the Bye-Laws and Ordinances of Common Council, made or to be made,
should be as effectual to all Intents and Purposes as
if they were enacted by Authority of Parliament;
with Liberty also for them to repeal these Ordinances as they shall see Cause. These Things were
formerly desired in the Propositions in Behalf of the
City, because of their Affection, Forwardness, Faithfulness, and Zeal, in the Common Cause of both
Kingdoms. And we conceive ourselves in Duty
obliged to desire, that this Proposition may not be
omitted, but presented to His Majesty for His Assent.
"Concerning the Propositions for taking away the
Court of Wards, and Forest Lands from His Majesty;
it cannot be expected, when the Houses of Parliament shall take into their Consideration the Glory
and Greatness wherein their Kings have lived, that
they will ever take away or diminish any Part of that
Patrimony and Revenue which is necessary for supporting the Dignity of their Royal Place, without
giving a full Recompence for the same.
"Touching the Proposition for Sale and Disposal of
the Lands of Deans and Chapters, &c. as the Houses
shall think fit; we have only this to say, That we
have always heard, those Lands were reserved by
the Houses for Maintenance of the Ministry; and if
they should be otherwise disposed of, it will prove
a great Discouragement to faithful Pastors, make
their Subsistence to depend upon the Benevolence
and Charity of their Hearers, and give Occasion to
the People (where Ministers are wanting for Lack
of Maintenance) to follow after Sectaries and Tubpreachers.
"We desire to see the Ordinances for Indemnity,
mentioned in the Propositions.
"And now to conclude: We shall here set down
most of our Desires; which are,
"That there may be a Personal Treaty with His
Majesty at London.
"That the Preface may be the same as in the
former Propositions.
"That the Honourable Houses, according to the
solemn Vows, Treaties, Declarations, and Engagements between the Two Kingdoms, would,
after so very long Delay, establish the solemn
League and Covenant; and that His Majesty
be desired to give His Royal Assent for confirming the same by Act of Parliament in both
Kingdoms.
"That the settling Reformation of and Uniformity in Religion, according to the Covenant, in
England and Ireland, be likewise desired in
these new Propositions; and in particular,
that the Confession of Faith, Directory of
Worship, Form of Church Government, and
Catechizing, agreed upon by the Assembly of
Divines, and presented to the Houses, be
established.
"That, by Act of Parliament, effectual Course be
taken for suppressing 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 or
Kingdom.
"That the Ordinances concerning the Calling and
Sitting of the Assembly of Divines be desired
to be confirmed by Act of Parliament, as in
the former Propositions.
"That the Proposition for Confirmation of the
Treaties betwixt the Kingdoms, and all Ordinances and Proceedings betwixt them, be expressed as in the former Propositions; and
that the Treaty for the Return of the Scots
Army, of the Date of the 23 of December,
1646, be inserted amongst the rest.
"That His Majesty's Assent be desired to what
the Two Kingdoms shall agree upon in Prosecution of the Articles of the large Treaty,
which are not yet finished; and that all other
Things concerning joint Interest, or the Kingdom of Scotland in particular, which are omitted, be inserted and expressed as in the former
Propositions.
"That Armies in both Kingdoms, which were
raised for Preservation and Reformation of
Religion, and for Defence of the King's Person, and Safety of the Kingdoms, be not kept
up, to hinder Reformation of Religion, and
the King from His Government, and to be a
Burden to the Subjects, since the War is
ended; but that they may have due Satisfaction of their Arrears, and be disbanded,
without which there can be no real nor lasting
Peace; that, all Armies being disbanded here,
speedy Relief may be sent to Ireland.
"That an Act of Oblivion, which is the Bond of
Peace, be agreed upon, to be passed in the
Parliaments of both Kingdoms.
"That the King be restored to His Rights and
Revenues; and particularly that the Crown
be not excluded from the Power of making
Laws, which is as essential to Kings as to govern by Laws, and sway the Sceptre; nor
from the Power of the Militia, without which
they can neither protect their Subjects, oppose
their and the Kingdom's Enemies, nor keep
Friendship with their Allies.
"That there be a Conclusion added to the Propositions, promising our real Endeavours (as
was done in the Propositions treated upon at
Uxbridge), that His Majesty may live in the
Splendor and Glory of His Royal Progenitors, as beseemeth His Royal Place and Dignity; that so all Differences and Troubles may
end in mutual Confidence and Rejoicing, the
King may enjoy the Comfort of His Royal
Consort and Children, with other Contentments, and we after so great Distractions and
long-continued Sufferings may reap the blessed
Fruits of Truth and Peace under His Government.
"And as it is very far from our Thoughts
and Intentions, in expressing our Differences upon the Propositions, to provoke
or give Offence; so we trust that our
Freedom in Discharge of the Trust committed to us, proceeding from our Zeal
to Religion, Loyalty to the King, and
Love to Peace, shall receive a candid Interpretation from the Honourable Houses;
and that they will, in their Wisdom, not
slight the Desires of a Kingdom, who, in
the Time of England's greatest Danger,
esteemed no Hazard too hard for their
Assistance; and are now seeking nothing
but the Performance of the mutual
Obligements, Declarations, and Treaties
between the Two Kingdoms, and to prevent the Dangers which may ensue upon
the Violation and Breach of so solemn
Engagements.
"The Houses of Parliament have frequently
professed, That the chief End of their
Wars was the Reformation and Establishment of Religion, according to the Covenant; and they have often promised
and declared to the King, and to all the
World (not without deep Attestations of
the Name of God), That no Trouble
or Success should ever make them wrong
or diminish the Power of the Crown,
which were the chief Motives and Arguments that induced Scotland to engage
with them in this War. Let therefore
that be given to God which is God's,
and to Cæsar what is Cæsar's; whereby
it may be evident that you are not
unmindful of the solemn Vows you
made to God in the Time of Distress,
for Reformation of Religion; and it may
also really appear, that the Advantages
and Power which Success hath put into
your Hands hath not lessened your Loyalty to the King. And, according to our
many Professions and near Relations,
let us really and cordially cherish and
strengthen the Union between the Two
Kingdoms, under His Majesty, by all the
Pledges of reciprocal Kindness; that so
Religion and Righteousness may flourish,
and both Kingdoms, languishing under the
heavy Pressures and Calamities of an unnatural War, may live in Peace and
Plenty.
"By Command of the Commissioners for
the Parliament of Scotland.
"Jo. Cheislie."
Adjourn.
House adjourned till 10a
Monday Morning next.