Mond. Aug. 2. Conference between the Lords and Commons concerning the Protestation. Custom in Parliament concerning Messages.
The Lords having Knowledge that the Commons had caused a Paper to be printed for the enjoining the taking of the Protestation throughout the Nation, sent a bare Message to the Commons to desire a Conference, not expressing whereupon: Which the Commons took very ill, and refused to meet, as being contrary to the Custom of Parliament; yet afterward sent a Message, desiring to know the Cause of the former Message: Upon which the Lords certified, they desired a Conference about the printed Paper, for enjoining the taking of the Protestation: Upon which the Commons met, and the Lords shewed, that they desired there might be a fair Correspondency between both Houses, demanding whether there were any such thing voted in their House, and whether printed by their Order or no? The House of Commons desired Time to consider, and they would satisfie their Lordships therein.
This Day in the House of Commons there was a great Debate upon the Bill read against Mr. James, a Papist, for stabbing Justice Heywood: The Purport of the Bill being, That his Right Hand be cut off, his Lands disposed of, and Imprisonment during Pleasure.
Two Popish Priests, Abbot, alias Rivers, and Turner, alias Wigmore, committed for refusing the Oath of Supremacy.
This Day Sir Thomas Jermyn having resign'd his Staff, Sir Peter Welsh was sworn Comptroller of his Majesty's Houshold.
Aug. 3. Mr. Hollis his Speech about printed Votes concerning the Protestation.
The Commons desired a Conference with the Lords concerning the Votes relating to the Protestation. And Mr. Hollis acquainted their Lordships, That not finding this Paper attested by their Clerk's Hand, they could not judge of it till they had resorted to his Book, wherein their Orders and Votes are entred, and where they found their Votes concerning their late Protestation, taken both by their Lordships and them, and they found the Contents of this Paper to agree in Terminis with what is entred in their Clerk's Book.
Then they called to mind what had passed in the House upon that Occasion when these Resolutions of theirs were voted, how they had considered of that Protestation, that it bound all Men to defend the Religion here established,&c
This they conceived to be a true Test of every good Subject, a Shibboleth to distinguish the Ephraimites from the Gileadites, that whosoever was well-affected in Religion, and to the Good of the Commonwealth, would make this Protestation; and on the other side, who would not make it, was not well-affected.
They held it their Duties, in discharge of the Trust reposed in them by the whole Body of the Kingdom; all the Commons of England, who have sent them out as so many Sentinels to watch for them, to give them notice of the Good or the Evil, Friends or Enemies, coming towards them; they held it, I say, their Duties to declare their Opinions, That such a Man was not their Friend, was unfit to bear Office either in Church or State, and therefore they passed this Vote, That it was a thing fit and necessary to be done by them, and for such they do avow it.
And besides, they thought it fit to give an Account to those who had employed them, from the several Counties and Burroughs that had sent them, to give them a Mark, by which they might know who were good Men, lovers of their Country, fit to be entrusted with Offices, or with the Oversight of any part of Church or State; and therefore they gave order this Vote should be sent down unto all the Parts of this Kingdom.
And lastly, That it might be done speedily, and not stay the writing out of so many Copies, they gave order it should be printed, and be attested under the Clerk's Hand.
The Copies of which three Orders your Lordships have in this printed Paper, which the Commons assembled in Parliament, have commanded me to signifie unto your Lordships, and that the passing of these Votes they do own, they do avow, they do justifie.
With which Reasons, after some Debate, the Lords seemed satisfied.
The Impeac hment of Thirteen Bishops, sent up by Sergeant Wyld, and delivered at the Bar in the Lords House (verbally) by Order of the House of Commons.
The Commons impeach thirteen Bishops for acting in the Convocation. Anno 1640, after that was dissolved, August 4.
The Knights, Citizens, and Burgesses of the Commons House of Parliament, being sensible of the great Infelicities and Troubles which the Commonwealth hath sustained by the exorbitant Courses of the Bishops; and knowing well what the wise Man faith, That if Sentence be not speedily executed against an evil Work, the Hearts of the Sons of Men are set upon further Mischief; (the timely Redress whereof doth better become the Wisdom of a Parliament, than a too late woeful Repentance) have commanded me to represent unto your Lordships, That
- Walter, Bishop of Winchester,
- Robert, Bishop of Coventry and Litchfield,
- Godfiey, Bishop of Gloucester,
- Joseph, Bishop of Exeter,
- John, Bishop of St. Asaph,
- William, Bishop of Bath and Wells,
- George, Bishop of Hereford,
- Matthew, Bishop of Ely,
- William, Bishop of Bangor,
- Robert, Bishop of Bristol,
- John, Bishop of Rochester,
- John, Bishop of Peterborough,
- Morgan, Bishop of Landaff, together with
- William, Archbishop of Canterbury,
and others of the Clergy of that Province, at a Convocation or Synod for the same Province, begun at London in the Year 1640, did contrive, make, and promulge several Constitutions and Canons Ecclesiastical, containing in them divers Matters contrary to the King's Prerogative, to the Fundamental Laws and Statutes of the Realm, to the Rights of Parliament, to the Propriety and Liberty of the Subjects, and Matters tending to Sedition, and of dangerous Consequence.
And to add more Weight and Efficacy to this their monstrous Design, they did, at the same Synod, under a specious and fair Title, grant a Benevolence, or Contribution to his Majesty, to be paid by the Clergy of that Province, contrray to Law. But it rested not there, for though this had been enough to have affrighted and terrified the King's People with strange Apprehensions and Fears; yet, that these might not seem to be Contrivances of the Brain, or Fancies only, they were put in Execution, and were executed upon divers with Animosity and Rigour, to the great Oppression of the Clergy of this Realm, and other his Majesty's Subjects, and in Contempt of the King and of the Law.
Whether those Persons, my Lords, that are culpable of these Offences, shall be thought sit to have an Interest in the Legislative Power, your Lordships Wisdom and Justice is able to judge.
But for these Matters and Things, the Knights, Citizens, and Burgesses of the Commons House in Parliament, in the Name of themselves and of all the Commons of England, do impeach the said Bishops before-named, of the Crimes and Misdemeanors before expressed; and do therefore pray, That they may be forthwith put to their Answers in the Presence of the Commons, and that such further Proceedings may be had against them, as to Law and Justice shall appertain.
Orderfor lessening the Charge of Sheriffs, August 5.
The House of Commons having received Complaint of the great Charge of Sheriffs of Counties, by reason of Presents, Entertainments, and other Provisions given, and made to and for the Judges, and Fees paid to their Servants, during the Time of the Assizes kept. And the like Complaints of great Sums of Money that Counties, Cities, and Corporations, and Boroughs through which the King passeth, are enforced to pay unto his Majesty's Officers, as pretendeded
Fees and Duties; whereas no such are due by the Laws of this Kingdom: Doth hereby publish and declare, That they think it sit, that hereafter no such Presents, Entertainments, Provisions, or pretended Fees, or Gifts, shall be demanded, given, or paid; nor that any Sheriff hereafter shall at the Assizes in his own County, give any Entertainment, or keep any House there for the Gentry of the County, or any other in regard of his being Sheriff, other than for his necessary Attendants. And whosoever shall do contrary to this Declaration and Vote, shall be esteemed by this House, a Person therein giving Example inconvenient to the Publick.
And it is further ordered, That the Knights, Citizens, and Burgesses of the several Counties and Boroughs for which they serve, shall forthwith send to the Sheriffs of the several Counties, Copies of this Declaration concerning the Judges, and Sheriffs, &c. to the end the same may be published, and that they have the same signed with the Hand of the Clerk.
This Day also the Commons had a Conference with the Lords, that the Judges who were impeached about the Business of Ship-money, might not go their Circuits; which was agreed unto.
Scots declare to depart with in 8 Hours after payment of their Money, Aug. 5. 28000l. Yet due to Northumberland and Durham from the Scots More Votes concerning the Northern Counties. About a Custos Regni, or Locum Tenens, August 6. Levying of Soldiers in Ireland, Aug. 6. The Earl of Bristols Speech upon the Conclusion of the Treaty with the Scots
The House of Commons was this Day informed, That the Scots cannot prefix a Day precisely when to march, bat do undertake to march away within Forty eight Hours after the Payment of their Monies at Newcastle, the Commissioners being now returned from the Parliament of Scotland, with approbation of the Treaty.
The House debated the Concerns of Newcastle and Durham, as to the Payment of 28000l. due unto them for Billeting the Scots Army, &c. upon which several Votes passed.
More Votes passed concerning Money due to other Parts of the Northern Counties, besides Durham and Northumberland.
That a Committee be appointed to prepare Reasons to be offered to the Lords for a Custos Regm, because in the King's Absence many emergent Occasions may happen in Parliament, where necessary use must be made of the King's Authority: Besides, it doth appear by Precedents, whenever a Parliament was sitting in the King's Absence, there was a Custos Regm, or Locum Tenens.
Sir John Culpepper reports against the levying of Soldiers in Ireland, for the Service of Foreign Princes, and concerning the speedy disbanding of the Armies: With which Report the House concurred.
The Earl of Bristol, upon the Conclusion of the Treaty with the Scots, spake to this purpose:
'That he had something to deliver concerning the Treaty of Rippon, of the Reasons which moved those Commissioners to agree unto it; and though it might not be accounted so full of Glory and Honour to this Nation, as the like had been in former times, yet considering the Straight that some Persons have put this Kingdom into, he said it was a happy Conlusion both for the King and Kingdom; but it had cost this Kingdom 1100000l. besides Damages; and desired that some Writing might be drawn concerning this Treaty, for Satisfaction to Posterity of the Carriage of this Business.
The Spanish Ambassador desires 12000 disbanded Men.
The House fell into Debate concerning the 12000 Men the Spanish Ambassador did desire to have of our disbanded Soldiers: It was answered, he desired no less than an Army; which was not sit to be granted; yet it was said, that the King was now content he should accept of three or four Thousand, if the Parliament did so advise him, and the Spanish Ambassador had disbursed Money; and the Lords did think sit to give way to that Number; but the Commons utterly refused to consent thereunto.
An Order for Sheriffs to repay to the Subjects the Ship-money remaining in their hands.
It is this day ordered by the Lords in Parliament, that Sir Thomas Powel, Baronet, late High Sheriff of the County Palatine of Chester, shall at the next General Sessions, discount and pay the Money, which he hath received for the Ship-money, and remaining now in his Hands, and not paid to the Treasurers of the Navy, to the Justices of that County, who shall distribute and repay the same, according as the Bench shall see cause; and particularly to those Parties that can make it appear that it hath been taken from them, by Distress or other Inforcement; and this to be general to all other Sheriffs and Collectors, who have Monies remaining in their Hands, which they have received for Ship-money, to repay the said Money in the same manner and way as aforesaid: And upon Payment of the said Monies, as aforesaid, both the said
Sir Thomas Powel; and also all others shall be, by virtue hereof discharged of any further Accounts touching the said Monies.
August 7. The King consents to disband the Horse.
His Majesty's Answer to both Houses was signified, That his Majesty hath ever since the Parliament, taken the Advice of his Parliament concerning the Army, and therefore he gives his Consent concerning the disbanding of the Horse.
A Committee was appointed to consider of the Reasons to petition his Majesty to stay his Journey yet Fourteen Days longer.
This Day the Commons re-assumed the Debate about the King's Journey into Scotland, and for his Stay sometime longer, and thereupon desired another Conference with the Lords, where Mr. Denzil Hollis spake to the Effect following:
Reasons delivered by Mr. Hollis, to move the King to stay his Journey into Scotland, August 7.
I am commanded to put your Lordships in Mind what hath passed upon this Occasion before, concerning the King's Journey to Scotland, that both Houses did consent to Petition his Majesty not to begin his Journey till the 10th of August, and to acquaint the Scots Commissioners therewith: Who afterwards desired this House to express their Resolutions in the Affirmative: Upon which the House of Commons passed a Resolution, That then, if his Majesty pleased to go, they would submit unto it.
I am commanded to declare unto your Lordships, That the House of Commons is desirous to submit unto his Majesty's good Pleasure in all Things; but such is the present Condition of this Business, as it now standeth, that they are enforced to present some further Considerations to your Lordships.
First, That when they gave this Assent, they were in hope both Armies would have been disbanded by that time; but though there hath been all possible Means used to that end, yet it could not be fully effected. So the same Inconvenience doth still continue.
Secondly, The Treaty cannot in so short a Time be finished, being returned from Scotland but three Days since: But it is ready to be finished, and Monies are provided, the Armies will be disbanded by that time we desire his Majesty to take his Journey.
Thirdly, The Distempers and Jealousies of the Kingdom are such, that they cannot be composed by passing some Acts, unless his Majesty stay the desired Time.
Fourthly, No Course is yet taken for the Government of the Kingdom in his Majesty's Absence, there being so many weighty Things to be taken into Consideration.
Upon these Reasons the House of Commons have thought fit to move your Lordships to join with us in a Petition to his Majesty to stay his Journey for fourteen Days longer; and we make no doubt but our Brethren in Scotland will consider the Streight we are in, and for our Safety, condescend to our Desires. And if his Majesty yield thereunto, then we shall desire your Lordships to join with us by some express Messenger to the Parliament in Scotland, for the King's stay for that Time, which we hope will give them Satisfaction.
His Majesty came to the Lord's House and spake a few Words. August 7. Members to be summoned by the Sheriff. The House of commons do sit upon Sunday in case of necessity.
The same Day his Majesty came to the House of Lords, and made a short Speech unto them touching the Necessity of his speedy going into Scotland: Upon which the House of Commons fell into Debate concerning his Majesty's going; desiring first he would appoint a Vice-Roy, or to stay fourteen Days longer; for that it nearly concerned the Quiet and Peace of the Kingdom, and sate till after Ten a Clock at Night, in debate of this Matter; and ordered the House to be called over on Wednesday come Seven-night.
Ordered, That the Knights, Citizens, and Burgesses do send down to the Sheriff of every County, the Order of the House, requiring their Members to return, upon Pain of incurring the Displeasure of the House. And in this Case of great Necessity, concerning the Peace and Quiet of the Kindom, they ordered to sit the next Day, being Sunday, by Six a Clock in the Morning;
where they met accordingly, and had a Sermon, and return'd to the House about Nine of the Clock, and sat all Day long on the Lord's Day, commonly called Sunday, August the 8th, 1641. But the House of Commons passed this Vote, viz.
Sunday the House Sits, August 8.
Resolved, That this House shall enter into Consideration of no Business whatsoever upon this Day; but such as shall immediately concern the good and Advancement of Religion, and Safety of this Kingdom; and both Houses passed this further Resolve and
Declaration, that the Houses Siton the Lord's Day, shall not be drawn into Precedent.
Whereas both Houses of Parliament found it fit to Sit in Parliament upon the 8th Day of August, being the Lord's-Day, for many urgent and unexpected Occasions, concerning the Safety of the Kingdom, they being so straitned in Time, by Reason of his Majesty's Resolution to begin his Journey towards Scotland on Monday following, early in the Morning; that it was not otherwise possible for to Settle and Order the Affairs of the Kingdom, either for the Government thereof in the King's Absence, or for the present Safety, as was requisite upon these present Necessities; though the Houses thought it necessary to Sit, yet the Lords and Commons now assembled in Parliament think it meet to Declare, That they would not have done this, but upon inevitable Necessity; the Peace and Safety both of Church and State being so deeply concern'd: which they do hereby declare, to the end, that neither any other inferiour Court or Council, or any other Person, may draw this into Example, or make use of it for their Encouragement, in neglecting the due Observation of the Lord's-Day.
The Treaty of Peace with the Scots being now concluded, we shall here present the Reader with that entire Negotiation.
Articles of the Treaty conoerning the establishing of the Peace betwixt the King's Majesty and his People of Scotland, and betwixt the two Kingdoms, agreed upon by the English and Scots Commissioners at Westminster, the 7th Day of August 1641.
Whereas by his Majesty's Royal Wisdom, and Princely Care of the Peace and Happiness of his Majesty's Dominions, a Treaty hath been appointed for removing of all Differences raised betwixt the two Kingdoms, and betwixt the King and his Subjects of Scotland, and for settling and assuring a firm and blessed Peace for all Time to come, and a Commission hath been given under the Great Seal of England, with Approbation of both Houses of Parliament, bearing Date the 23d of November, in the Sixteenth Year of his Majesty's Reign, and in the Words following:
The King's Commission to Treat with the Scots.
Charles, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To our right trusty, and right well-beloved Cousins, Francis Earl of Bedford, William Earl of Hartford, Robert Earl of Essex, and to our right trusty, and right well-beloved Cousin and Counsellor, William Earl of Salisbury, and to our right trusty, and right well-beloved Cousin, Robert Earl of Warwick, and to our right trusty, and right well-beloved Cousin, John Earl of Bristol, and to our right trusty, and right well beloved Cousin and Counsellor, Henry Earl of Holland, and to our right trusty, and right well-beloved Cousin and Cousellor, Thomas Earl of Berks: And to our right trusty and well-beloved, Philip Lord Wharton, William Lord Paget, Edward Lord Kimbolton, Robert Lord Brook, John Lord Pau'et, Edward Lord Howard of Eskrick, Thomas Lord Savil, and Francis Lord Dunsmore, Greeting.
Whereas divers of our Subjects of Scotland, have by their several Petitions humbly besought us that we would be graciously pleas'd to grant unto them certain Demands, we reposing especial Trust and Confidence in your great Wisdoms and Fidelities, have named, assign'd, and appointed you, and by these Presents do name, assign, and appoint you to be our Commissioners, and do hereby give and grant unto you, or any ten or more of you, full Power,
and Authority to treat with John Earl of Rothes, Charles Earl of Dumfermling, John Lord Loudoun, Sir Patrick Hepburne of Wachtoun, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith Baily of Edinburgh, Alexander Wedderburne Clerk of Dundy, Hugh Kennedy Burgess of Air, Alexander Hendersone, and Archibald Johnston, or any of them. Or any other deputed, or to be deputed by our said Subjects of Scotland, or nominated on their behalf; and to take into your Consideration the said Demands; and compose, conclude, and end all Differences arising thereupon: Or otherwise as you or any ten, or more of you in your Wisdoms shall think fit: And whatsoever you our Commissioners aforesaid, or any ten, or more of you shall do in the Premises: We do by these Presents Ratifie and Confirm the same: In Witness whereof we have caused these our Letters to be made Patents. Witness our self at Westminster the Three and twentieth Day of November, in the Sixteenth Year of our Reign.
And in like manner, A Commission hath been granted by the Committees of the Parliament of Scotland, bearing date the last of October, and 4th Day of November 1640. and in the words following;
The Scots Commission to Treat.
We the Commissioners of the Parliament of Scotland, being a full Number of both the Quorums thereof undescribing; For so meikle as the Kings Majesty, our Dread Sovereign has been graciously pleas'd, upon our humble Supplications to appoint a Treaty and Conference at Rippon betwixt our Commissioners, chosen and sent by Us for that Effect, and a Number of the Peers of England, who accordingly met, and have accorded upon certain Articles as weell anent the Maintenance of our Army, as anent the Cessation of Arms during the Treaty. And because the time for the ensuing Parliament of England could not permit the Treaty to come to the wished Conclusion there, His Majesty was therefore likewise pleased to transfer the said Treaty to London, where the said Parliament is to hold, and there those entrusted by His Majesty, and Estates of Parliament, may have the better Time and Place to conclude thereanent.
Therefore We the said Commissioners, being a full Number of both Quorums thereof undescribing, by Vertue, and conform to the Commission granted to Us by the Estates of Parliament, do not only approve the said Articles already agreed upon, and subscribed by our said Commissioners at Rippon; but also do by these Presents give full Power, Warrant and Commission to John Earl of Rothes, Lord Lesley, &c. Charles Earl of Dumfermling, Lord Urquhart and Fuby, &c. John Lord Loudoun, Sir Patrick Hepburne of Wachtoun, Sir William Douglas of Cavers, William Drummond of Riccarton, John Smith of Edinburgh, Mr. Alexander Wedderburne of Dundy, and Hugh Kennedy of Air, as Members of the Estates of Parliament. And because many things may occur concerning the Church, and Assemblies thereof; Therefore besides these of the Estates, We nominate and appoint Mr Alexander Hendersone, and Mr. Archibald Johnston, whom we adjoin for that Effect; with Power to them, or any Seven of them, there being always two of every Estate, to pass to the said City of London; and there, or at any other Place convenient (mutually to be agreed upon) to meet, and convene with any who shall be appointed by his Majesty and Estates of Parliament of England, for the aforesaid Treaty, giving, granting, and committing, like as We these Presents give, grant, and commit to them in manner aforesaid, full Power, Warrant, and Commission to treat, consult, advise, determine, and agree, as weell anent the satisfying and granting of our Demands; as in obtaining, and securing a settled Peace for all time coming; conform to the Instructions given to them herewith, or wilk shall be sent to them hereafter by Us, or any one of the said Quorums at the Camp, or Edinburgh thereanent, with Power to them as said is, to do every thing necessary, that may conduce for the better, and easier obtaining of our said Demands, and establishing a settled Peace, conform to the said particular Instructions in such like manner as we might do if we were all personally present our selves in full Number, promising to hold firm and stable, all and every thing our said Commissioners in manner aforesaid, shall do in the Premises, conform to the said Instructions; and in case it shall be found Expedient or Necessary,
to add any more Commissioners to the aforesaid Persons, these who shall so be sent, authoriz'd under our Hands, or the full Number of any of the said Quorums, shall have a like Power, and Commission by virtue of these Presents with the fore-named Commissioners, in sike like manner, as if their Names were particularly express'd herein. In Witness whereof these Presents are subscrib'd at Newcastle and Edinburgh, the last of October, and 4th of November, 1640.
- Jo. Cooper.
- Thomas Hope.
- Edward Edgar.
- Rich. Maxwell.
- James Scot.
- Mr. Will. More.
- Ja. Sword.
- Hugh Kennedy.
And forasmuch as by virtue of the said Commissions, the Commissioners therein authoriz'd, have treated, and by the Assistance and Blessing of God, have agreed upon the Heads, and Articles following.
The Scottish Commissioners (having given in the Declaration following, viz. We do still in all Loyalty as becomes humble and dutiful Subjects, acknowledge our Dependancy upon his Majesty as our Dread Sovereign, whether his Majesty live in Scotland or England, and shall always, and in all things witness our high Respects, and best Affections to the Kingdom and Parliament of England, according to the strong Bonds of Nature and Religion, by which the two Kingdoms are joyned under one Head and Monarch: Yet as we are fully assur'd that the Kingdom and Parliament of England, is for the present far from any thought of Usurpation over the Kingdom and Parliament of Scotland, or their Laws and Liberties; so for the preventing the misunderstanding of Posterity and of Strangers, and for satisfying the Scruples of others not acquainted with the Nature of this Treaty, and the Manner of our Proceedings which may arise upon our coming into England, and our treating in time of Parliament. We do by these declare and make known, that neither by our Treaty with the English, nor by seeking our Peace to be established in Parliament, nor any other Actions of Ours, do we acknowledge any Dependancy upon them, or make them Judges to us or our Laws, or any thing that may import the smallest Prejudice to our Liberties; but that we come in a free and brotherly way by our Informations to remove all Doubts, that may arise concerning the Proceedings of our Parliament, and to joyn our Endeavours in what may conduce for the Good and Peace of both Kingdoms, no otherwise than if by occasion of the King his Residence in Scotland, Commissioners in the like Exigence should be sent thither from England ) did Demand, that his Majesty would be graciously pleas'd to command that the Acts of the late Parliament may be published in his Highness's Name as our Sovereign Lord, which Consent of the Estates of Parliament conven'd by his Majesty's Authority.
Whereunto it is answered and agreed, that forasmuch as the King's Majesty at the humble desire of his Subjects, did call and convene a Parliament to be holden at Edinburgh the 2d of June 1640. Wherein certain Acts were made and agreed upon, which Acts his Majesty (for the Peace and Good of this Kingdom) is pleased to publish in his own Name, with consent of the Estates, and therefore commands that the said Acts, bearing Date the 2d Day of June 1640. be published, with the Acts to be made in the next Session of the same Parliament; and that all the said Acts, as well of the precedent, as of the next Session, to be holden, have in all time coming the Strength of Laws, and to be universally received, and obeyed by all the Subjects of the Kingdom of Scotland.
His Majesty doth in the Word of a King, promise the publishing of the said Acts, in such sort as is above specified.
As for the manner of publishing the said Acts, his Majesty approves that the
Declaration of the Estates in the beginning of the Acts, and the Conclusion at the End, may be past in Silence at the publishing of the Acts, and left out in the printed Copies: And if any thing shall further occur concerning the manner of publishing the said Acts, his Majesty's Commissioner may then offer it to the Estates to be consider'd of; his Majesty being most assured that the Estates of Parliament will have a great Care not to suffer his Majesty's Authority to be prejudic'd in the managing of these great Affairs. Tertio Decembris, 1640.
The Second Demand, That the Castle of Edinburgh, and other Strengths of the Kingdom, should with the Advice of the Estates of Parliament, according to their first Foundation be furnished, and used for Defence and Security of the Kingdom. Is agreed unto.
The Third Demand, That Scottish Men within his Majesty's Dominions of England and Ireland, may be freed from Censure for subscribing the Covenant, and be no more pressed with Oaths, and Subscriptions unwarranted by their Laws, and contrary to their National Oath, and Covenant approved by his Majesty.
It is thereto answer'd, and agreed in his Majesty's Name, upon December the 8th, 1640. That as his Majesty hath granted your first and second Demands, so do We in his Majesty's Name answer to the third, That all those who in his Majesty's Dominions of England or Ireland have been Implison'd, Forfeited, or Censured any other way for subscribing of the Covenant, or for refusing to take any other Oath contrary to the same, shall be freed of these Censures, and shall be fully restor'd to their Liberties, Estates, and Possessions, And for time comin, that the Subjects of Scotland, as Subjects of Scotland, shall not be constrain'd to any Oath contrary to the Laws of that Kingdom, and the Religion there established: But such of the Kingdom of Scotland, as shall transport themselves into the Kingdom of England or Ireland, and there be settled Inhabitants, either by way of having Inheritance or Freehold, or by way of settled Trades, (by which the way of trading of the Factors of Merchants, nor of Merchants themselves is not to be understood) shall be subject to the Laws of England or Ireland, and to the Oaths established by the Laws, and Acts of Parliament in the said Kingdoms respectively wherein they live, and have their ordinary and constant Residence, and not other ways. And the English and Irish shall have the like Privilege in Scotland, 8 Decembris, 1640.
To the fourth Demand, craving that his Majesty may be graciously pleas'd to declare, as an Act of His Royal Justice, serving much to His own Honour, for the establishing of His Throne, and for the Good and Peace of both Kingdoms: That whosoever shall be found upon Tryal and Examination by the Estates of either of the two Parliaments, (they Judging against the Persons subject to their own Authority) to have been the Authors and Causers of the late and present Troubles and Combustion; whether by labouring to make, and foment Division betwixt the King and His People, or betwixt the two Nations, or any other way, shall be liable to the Censure and Sentence of the said Parliaments respectively, Conform to the Paper of December 9. 1640.
It is answered, upon the 11th of December, 1640. That his Majesty believeth He hath none such about him; and therefore concerning that Point, He can make no other Declaration, than that He is Just, and that all His Courts of Justice are free and open to all Men; his Parliament in this Kingdom is now sitting, and the current Parliament of Scotland near approaching the time of their meeting. To either of which, He doth not prohibit any of His Subjects to present their just Grievances and Complaints, of whatsoever Nature, each medling, and judging against the Persons subject to their own Authority.Undecimo Decembris, 1640.
It is further answered upon the said 11th of December, 1640. To your fourth Demand concerning Incendiaries, that his Majesty believeth, He hath none such about Him: Therefore, concerning that Point, He can make no other Declaration, than that He is Just, and that all his Courts of Justice are to be free and open to all Men. Our Parliament in this Kingdom is now sitting, and the current Parliament of Scotland near approaching the time of their meeting in either of which Respective, He doth not prohibit the Estates to proceed in trying and judging of whatsoever His Subjects.
And whereas it was further Demanded, that as his Majesty would not hinder any of His Subjects to be try'd and judg'd by the Parliament: So that none after
after the Sentence of the Parliament, should have access to his Majesty, or be maintain'd, and enjoy Places or Offices, and have Credit, or Authority to inform, and advise his Majesty, Conform to the Paper of December 23. 1640.
It is declar'd in his Majesty's Name upon December 30. 1640. Besides his Majesty's former Answers, His Majesty hath commanded Us to declare in his Name, That He will not imploy any Person or Persons in Office or Place, that shall be judged incapable by Sentence of Parliament: Nor will He make use of their Service, without the Consent of Parliament, nor grant them Access to His Person, whereby they may interrupt, or disturb that firm Peace, which He now so much desireth, He being confident that they will proceed in a fair and just Way, and (according to their several Professions) with that Respect to His Honour, which in Reason He may expect from good and dutiful Subjects, 3th of December, 1640.
The fifth Demand, That their ships and Goods, and all Damage thereof may be restored,
Is condescended unto, and to be reciprocal; That all Ships and Goodstaken at Sea, or stayed in Ports, with Damages to be restor'd on both sides. And that some summary Course be agreed upon for the Performance thereof, upon the Demands of the Particulars on both sides; Conform to the Paper of December 30. 1640.
And further it was agreed upon the 7th of January 1640, 1641. That all Ships taken and stay'd, should be reciprocally restor'd on both sides: And that the Scottish Commissioners having inform'd, that about fourscore Ships of Scotland are yet stay'd in the Ports, and are like to suffer much further Loss and Damage, if they shall not be delivered into some Hands who may have care of them. It is agreed for the more speedy Expedition of the Scottish Ships, and that the Owners thereof be not longer damnify'd by the want of them, That Warrants shall be presently granted for delivery of all their ships, and that four thousand Pounds be presently advanced for Cauking, Sails, Cordage, and other Necessaries, for helping the present setting forth of the said Ships, and for the rest of this Article, when it shall come in the sixth Demand, it shall be agreed unto the 7th of January 1640, 1641.
To the Sixth Demand, Concerning the Losses which the Kingdom of Scotland hath sustain'd, and the vast Charges they have been put unto, by occasion of the late Troubles, and the Reparation desir'd from the Justice, and Kindness of the Kingdom of England, towards Relief thereof, in manner, and upon the ground express'd in the Paper of the 7th of January 1640, 1641.
It is answered, That this House thinks sit that a friendly Assistance and Relief shall be given towards Supply of the Losses and Necessities of the Scots, and that in due time, this House will take into Consideration the Measure and Manner of it, Conform to the Paper 22d of January 1640, 1641.
And further the Parliament upon the 3d of February, did declare, that they did conceive that the Sum of three hundred thousand pounds, is a sit Proportion for the friendly Assistance and Relief, formerly thought sit to be give towards Supply of the Losses and Necessities of their Brethren of Scotland, and that the House would in due time take into Consideration the manner how, and the time when the same shall be raised; Confirm to the Paper of the 3d of February, 1640, 1641. and given in to the Treaty upon the 5th of the said Month.
And whereas it was desired by the Scottish Commissioners, that the English Commissioners would let them know from the Parliament, the Security, Manner, and Terms of Payment, of the foresaid Sum of three hundred thousand Pounds, and of the Arrears due for Relief of the Northern Counties. It was agreed unto by Warrant, and Order of the Parliament, that they should have Fourscore thousand Pounds, as a part of the foresaid Sum of three hundred thousand Pounds, with the whole Arrears due to the Army, before the disbanding thereof, Conform to the Paper of the 26th of May, 1641. And given in to the Treaty upon the 27th of the said Month.
And concerning the Security for paying of the Remnant of the said Sum of three hundred thousand Pounds, which Arrear extending to two hundred and twenty thousand Pounds. It is resolv'd, and agreed unto by both Houses of Parliament, That an Act of Parliament of publick Faith, shall pass for Security thereof, and that one Moiety, or equal Half of the same, extending to one
hundred and ten Thousand Pounds, shall be pay'd at Midsummer in Anno 1642. And the other Moiety, or equal Half thereof, to be pay'd at Midsummer in Anno 1643. As the Order of the Houses of Parliament of the 19th and 25th Days of June, 1641, doth more fully purport.
And in like Manner, whereas it was desired by the Scotish Commissioners, That they might know to whom they should address themselves for Payment of the Sums at the Days appointed by the Parliament, conform to the Parliament's Determination of the 19th of June; at what Place the Payment should be made; that a safe Conduct may be granted for the secure Transporting of the Monies to Scoland, at the Times of the Payment agreed upon.
It is Answer'd and Resolv'd by the Parliament, That these Earls, Lords, Commissioners, following, shall be the Persons to whom the Scots shall address themselves, for the receiving of the Sums at the Days appointed by the Parliament, viz. Earl of Bedford, Earl of Essex, Earl of Warwick, Earl of Holland, Earl of Stanford, Lord Wharton, Lord Mandevill, Lord Brook, Mr. Martin, Sir Thomas Barrington, Mr. Capell, Sir Arthur Ingram, Sir Gilbert Gerrard, Sir Robert Pye, Mr. Henry Bellasis, Sir Walter Earl, Sir William Litton, Sir Henry Mildmay, Sir Thomas Cheek, Sir John Strangeways, Mr. Arthur Goodwin, Mr. Hampden, Alderman Soam, Alderman Pennington.
Resolv'd upon the Question, That the Place of Payment shall be the Chamber of London. Resolv'd upon the Question, That a Safe-Conduct shall be granted for the secure Transporting of the Monies to Scotland, at the Terms of Payment agreed upon, at the Charge of the Scots, conform to the Paper of June 22, One thousand six hundred forty one Years.
To the seventh Demand, desiring, that as his Majesty hath approv'd the Acts of the late Parliament, wherein all such Declarations, Proclamations, Books, Libels and Pamphlets, as have been Made, Written or Published, against his Loyal and Dutiful Subjects of Scotland, are recall'd, and ordain'd to be suppressed and destroyed. So his Majesty may be pleas'd to give Order, that the same may be suppressed, recall'd, and forbidden, in England and Ireland; and that the Loyalty, Integrity, and Faithfulness of his Majesty's Subjects of Scotland, towards his Majesty's Royal Person and Goverment, may at the Closing of this Treaty of Peace, and at the Time of publick Thanksgiving for the same, be made known in all Places, and all Parish-Churches of his Majesty's Dominions. This was the more earnestly desired, and confidently expected from his Majesty's Justice and Goodness, because no Calamity or Distress hath so sore vexed, or so deeply wounded the Hearts of his Majesty's Subjects, as that their Loyalty, and Love towards their native King should have been controverted, and by the Malignancy of bad Instruments brought into Suspicion: And because they unseignedly desire, and pray for his Majesty's Happiness, and are resolv'd by all Means, and at all Occcasions to deny themselves, and what they have for his Majesty's Honour, as is more fully contain'd in the Paper of the 8th of February, 1640, 1641.
It is answered upon the 10th of February, 1640, 1641. We do agree, That all Declarations, Proclamations, Acts, Books, Libels and Pamphlets, that have been made and published against the Loyalty and Dutifulness of his Majesty's Subjects of Scotland, shall be recalled, suppressed and forbidden in England and Ireland. And that this be reciprocal in Scotland, if any such have been made or published there, in prejudice of his Majesty's Honour. And this upon diligent Inquiry, to be done by the Authority of the Parliament next sitting in Scotland; of which the Commissioners of Scotland do promise to have an especial Care. And we do also agree, that when it shall please Almighty God to grant a happy Close of this Treaty of Peace, the Loyalty of his Majesty's said Subjects shall be made known at the Time of publick Thanksgiving in all Places, and particularly in the Parish-Churches of his Majesty's Dominions; unto which we are the rather induc'd, for that you express how deeply it hath wounded the Hearts of his Majesty's said Subjects; that their Loyalty and Love to his Majesty their Native King, should be brought in Question and Suspicion: Whereas they unseignedly desire and pray for his Majesty's Happiness, and are resolv'd by all Means, and at all Occasions to deny themselves, and what they have for his Majesty's Honour, 10th Feb. 1640, 1641.
Concerning the eighth Demand, for an happy and durable Peace, which is the chiefest of all our Desires, and unto which all the former seven Articles being now agreed upon, are as many Preparations.
We do first of all desire, That all Monuments, Tokens, and Shews of Hostility, upon the Borders of the two Kingdoms, may be taken away: And that upon the Reasons and Considerations particularly express'd in the Paper of the 10th of February, 1640, 1641. That not only the Garrisons of Barwick and Carlisle may be remov'd, but that the Works may be slighted, and the Places dismantled.
It is answered, and agreed upon the 14th of June, That his Mejesty is desirous, That all Things betwixt the Kingdoms of England and Scotland, be reduced into the same State they were in before the beginning of the late Troubles.
And therefore, he doth give his Assent to the Advice of the two Houses of Parliament: That the Garrisons of Barwick and Carlisle, upon the disbanding of the Scotish Army now in England, and of all such Forces as are gathered together in Scotland, be likewise presently removed; and that the Fortifications of Barwick and Carlisle, be also reduc'd to the same Condition they were before the late Troubles. So that all Fortifications in Scotland, be likewise put in the same Condition they were before the said Troubles; and that the Works be not repair'd, but suffer'd to decay; and that the Ordnance and Ammunition be remov'd; and that it be without Prejudice to his Majesty's former Grant of the second Demand, concerning the keeping of the Castles of the Kingdom of Scotland, 14th of June, 1641.
To their Desire concerning Unity in Religion, and Uniformity of Church Government, as a special Means for conserving of Peace betwixt the two Kingdoms, upon the Grounds and Reasons contain'd in the Paper if the 10th of March, given in to the Treaty and Parliament of England,
It is answered, upon the 15th of June, That his Majesty, with the Advice of both Houses of Parliament, doth approve of the Affection of his Subjects of Scotland, in their Desire of having a Conformity of Church-Government between the two Nations; and as the Parliament hath already taken into Consideration the Reformation of Church-Government, so they will proceed in due Time, as shall best conduce to the Glory of God, the Peace of the Church, and of both Kingdoms, Undecimo Junij, 1641.
To their Desire of the King's Majesty, and the Prince their coming, and residing sometimes in Scotland, upon the Reasons given in February the 16th, 1640, 1641.
It is answered upon the 9th of June, That his Majesty doth take in good part the Sense his Subjects of Scotland have of his Absence, and the dutiful Expression they make of their Desire to have him, and the Prince his Son frequently among them; and assuring himself, that they have no other Intention in this Demand, but meerly to express their Love to his Person, and the welfare of his ancient Kingdom. He decares unto them, that as he shall find the Uurgency of those Affairs require his Presence, and his other Conveniencies here permit, he will repair thither, and the Prince his Son; so far, as he may know, and be acquainted with the People there, 9th of June 1641.
To the Desire, concerning the Manner of chusing and placing of the Officers of State, Counsellors and Sessioners within the Kingdom of Scotland, by Advice of the Parliament, upon the Grounds and Reasons given in, March 15th, 1640, 1641.
It is answered the 9th of June, in his Majesty's Name: We intend nothing more heartily and really, than that our People shall be govern'd by the Laws of the Kingdom; and that all Judges in their several Judicatories should judge accordingly.
Therefore we will never allow nor permit, that either Counsellors, Officers of State or Judges, be examined from our, and our Parliaments Trial and Censure, for the discharging of their Duties in their several Offices and Places. Likewise we conceive, that nothing will more conduce to the Good of our Service, and the peaceable and happy Government of the Kingdom; than that Officers of State, Places of Counsel and Session, and other Judicatories, be provided with honest, able, and qualified Men; for which End, and because of our necessary Absence from that Kingdom, which maketh the Qualification of Persons fit for Places less known to us,
We shall so far give ear to the Informations of our Parliament, and when our Parliament is not sitting, of our Council and Colledge of Justice, as that we shall either make choice of some one of such, as they by common consent upon the vacancy of the Place shall recommend unto Us: or if we shall conceive another Person to be fitter than any of these recommended, We shall make the same known to the Parliament, or in the time between Parliament, to our Council and Session, that from them we may be informed of the Qualification and Abilities of the Person named by Us; to the effect, that if by their Information it shall appear to Us, that there is just Exception against the Life and Qualification of the said Party, We may timely nominate some other, against whom there shall be no just Exception.
By which means we doubt not, but that We shall from time to time, choose such honest Men, as for their known Integrities and Abilities, shall be fit to discharge their Places and Offices, with that Duty and Sufficiency, which We and our Subjects may justly expect.
Which Intention of Ours, being now so clearly and fully express'd, We doubt not, but it will give good Satisfaction to our ensuing Parliament.
And as We never intended to remove just and able Men from their Places in the Colledge of Justice; so do We now declare for our Peoples full Satisfaction, that their Places shall be provided unto them, Quem diu se bene gesserint.
And if this our Answer, cannot content the Scottish Commissioners, We do then remit the whole Answer to be consider'd by Us, or our Commissioners, and the Parliament, at the next sitting thereof, 9th of June 1641.
To their desire of placing of some Scottish-men of Respect about the King and Queen's Majesties, and the Prince's Highness, upon the Grounds and Reasons given in the 9th of April, 1641.
It is answered, His Majesty's Goodness and Grace towards His Subjects of Scotland, in placing them about His own Person, in Places of greatest Nearness and Trust, hath been such, as ought to give them full Satisfaction of His Royal Affection towards His Subjects of His native Kingdom.
Therefore, for this Point, His Majesty needeth only to assure them, that He shall continue the same Care which hitherto He hath done for their Satisfaction in this Particular; and not only so, but shall also recommend the same to the Prince his Son, that successively the Kingdom of Scotland shall so taste of the Care of their Sovereigns, That by the Grace of God, they shall never want a sufficient Number of honest, and sufficient Persons of that Nation, about the King's Person and Prince's, against whom there shall be no just Exception. The 9th of June, 1641.
To their Desire, that none may have Place about his Majesty, and the Prince, but such as are of the reformed Religion, in manner express'd in the Paper, 1st of April, 1641.
It is answered, His Majesty doth conceive, that His Subjects of Scotland have no intention by this Proposition, (especially by way of Demand) to limit, or prescribe unto Him the choice of His Servants, but rather to shew their zeal to Religion; wherein His own Piety will make Him do therein, that which may give just Satisfaction to His People, 9th of June, 1641.
To their Desire given in the first of April, concerning the Copper Coin,
It is answered, Whereas the Scottish Commissioners have represented unto his Majesty, the great Prejudice sustain'd by the Kingdom of Scotland, through the Coining of Copper Money, which hath passed there this long time bygone for seven times, and above as much as the true Value and Worth thereof, contrary to the continual Custom of that Kingdom; and therefore desiring that no Copper Money be coined hereafter, without consent of the Estates convened in Parliament, who may remedy the present Prejudices the Country sustains thereby; and who upon good Consideration of the necessity thereof in time to come, may appoint such a competent Proportion as is fit, and as the Country shall require for the use of the Poor, and for Change in buying and selling of Commodities, and that the same shall not pass, but according to the intrinsick Value thereof, with the allowance of a tenth Part, or such a Proportion as the Parliament shall think fit to allow for the Impression and Workmanship in Coining. His Majesty is graciously pleas'd to recommend to the
ensuing Parliament of Scotland, the whole Matter of Copper-Coin, and remits to their Consideration, to take such Order therein as they shall think sitting, not only concerning the Copper-Coin to be coined hereafter, but also the Copper-Money already coined, how the same shall take vent, and pass in Payment in Time coming, conform to the Paper of the Ninth of June, 1641.
Concerning an Act of Oblivion.
It is agreed unto, That in the approaching Parliament of Scotland, there shall be an Act of Pacification; declaring, That the late Commotions and Troubles arising from the Innovations of Religion, and Corruption of Church-Government, by the Mercy of God, and the King's Royal Wisdom and Fatherly Care, are turn'd into a quiet, calm, and comfortable Peace, lest either his Majesty's Love, or the constant Loyalty of his Subjects, in their Intentions and Proceedings be hereafter call'd in question; and that such Things as have fallen forth in these tumultuous Times, while Laws were silent, whether prejudicial to his Majesty's Honour and Authority, or to the Laws and Liberties of the Church and Kingdom, or to the particular Interest of the Subject, (which to a examine and censure in a strict Course of Justice, might provean Hindrance to a perfect Peace) may be buried in perpetual Oblivion: So it is expedient for making the Peace and Unity of his Majesty's Dominions the more firm and faithful, and that his Majesty's Countenance against all Fears, may shine upon them all the more comfortably that an Act of Oblivion be made in the Parliaments of all the three Kingdoms, for burying in Forgetfulness all Acts of Hostility, whether between the King and his Subjects, or between Subject and Subject; or which may be conceiv'd to arise upon the coming of any English Army against Scotland, or coming of the Scottish Army into England; or upon any Action, Attempt, Assistance, Counsel, or Advice, having relation thereunto, and falling out by the Occasion of the late Troubles preceeding the Conclusion of the Treaty, and the Return of the Scottish Army into Scotland: That the same, and whatsoever hath ensu'd thereupon, whether trenching upon the Laws and Liberties of the Church and Kingdom, or upon his Majesty's Honour and Authority, in no Time hereafter may be call'd in question, nor resented as a Wrong, National or Personal, whatsoever be the Quality of the Person or Persons, or of whatsoever Kind or Degree (Civil or Criminal) the Injury is supposed to be; and that no mention be made thereof in Time coming, neither in Judgment, nor out of Judgment; but that it shall be held and reputed, as though never any such Thing had been thought nor wrought: And this to be extended not only to all his Majesty's Subjects now living, but to their Heirs, Executors, Successors, and all others whom it may concern in any Time to come: And for that end, that by the Tenor of this Statute, all Judges, Officers, and Magistrates whatsoever, be prohibited and discharged of directing of Warrants for Citation, Processing, or Executing any Sentence or Judgment upon Record, or any way molesting any of his Majesty's Lieges, concerning the Premises in all Time coming. Like as that his Majesty for himself and his Successors, promiseth in verbo principis, never to come in the contrary of this Statute and Sanction, nor any thing therein contained, but to hold the same in all Points firm and stable: And shall cause it to be truly observed by all his Majesty's Lieges, according to the Tenor and Intent thereof, for now and ever; and that in all Time coming these Presents shall have the full Force and Strength of a true and perfect Security, as if they were extended in most ample and legal Form. Providing, That the Benefit of the said Statute shall no ways be extended to any of the Scottish Prelates, or to John Earl of Traquair, Sir Rob. Spotswood, Sir John Hay, and Mr. Walter Balcanquall, cited and pursued as Incendiaries betwixt the Kingdoms, and betwixt the King and his People, and for Bribery, Corruption, and many other gross Crimes contained in their Charges general and special, nor to any other Persons who are cited, and shall be found by the Parliament of Scotland, in his Majesty or his Commissioners their own hearing, to be so extraordinarily guilty of these and the like Crimes, as they cannot in Justice, and with the Honour of the King and Country, pass from them. Provided further, That the Benefit of this Act shall not be understood to extend to the Favour of Thieves, Robbers, Murtherers,
broken Men. Sorners, Out-laws, nor their Receptors; with Reservation also of the legal Pursuits and Processes of the Scots in Ireland, for the Reparation of their Losses according to Justice, against such who have illegally wronged and persecuted them, since by one of the Articles of the Treaty, they are appointed to be restored to their Means and Estate. It is also to be understood, That nothing is meant hereby to be done, in prejudice either of the Payment of the Debts owing upon Promise or Security, by the Scottish Army, to any of the Counties, or to any Persons there (the same being instructed before the Removal of the Scottish Army) or of the Arrears due to the Scottish Army, or to that brotherly Assistance granted them by the Parliament of England.
That the great Blessing of a constant and friendly Conjunction of the two Kingdoms, now united by Allegiance and Loyal Subjection to one Sovereign and Head, may be firmly observed, and continued to all Posterity; it is agreed that an Act be passed in the parliament of England, That the Kingdoms of England or Ireland shall not denounce nor make War against the Kingdom of Scotland, without Consent of the Parliament of England: As, on the other Part, it shall be enacted there, That the Kingdom of Scotland shall not denounce nor make War against the Kingdom of England or Ireland, without Consent of the Parliament of Scotland. No Ships, either of the King's or Free-booter, or others, shall stop the Trade of the Kingdom, or hinder or harm their Neighbour-Kingdom, without Consent of Parliament declaring a Breach of Peace. And if any Armies shall be levied, or Trade stopped, and Neighbours harmed or wronged, the States of the Country by which it is done, to be obliged to pursue, take, and punish the Offenders with all Rigor. And if any of the Kingdoms assist, receive, or harbour them, they are to be punished as Breakers of the Peace. And if after Complaint and Remonstrance to the Commissioners after-mentioned, and to the Parliament, Redress and Reparation be not made, then, and in that Case, the same to be counted a Breach of the Peace by the whole Kingdom.
And in Case any of the Subjects of any of the Kingdoms shall rise in Arms, or make War against any other of the Kingdoms and Subjects thereof, without Consent of the Parliament of that Kingdom whereof they are Subjects, or upon which they do depend, That they shall be held, reputed, and demeaned, as Traitors to the States whereof they are Subjects. And that both the Kingdoms in the Cases aforesaid, be bound to concur in the repressing of those that shall happen to arise in Arms, or make War without Consent of their own Parliament. And that the Way of convening Forces for suppressing such as levy War, be as in case of Invasion; provided, That this be not extended to particular Quarrels upon the Borders: And that it be enacted, That in such Case, it shall be lawful for any of the Subjects to convene, to suppress such evil-affect Persons: And that each Kingdom shall be bound by publick Faith, punctually to perform this Article. And if either Parliament shall denounce War, they shall give three Months Warning.
That the Peace to be now establish'd, may be inviolably observed in all Time to come, it is agreed, That some shall be appointed by his Majesty, and the Parliaments of both Kingdoms, who in the Interim, betwixt the sitting of the Parliaments, may be careful that the Peace, now happily concluded, may be continued; and who shall endeavour by all Means to prevent all Trouble and Division. And if any Debate or Difference shall happen to arise, to the Disturbance of the common Peace, they shall labour to remove or compose them according to their Power. It being supposed, that for all their Proceedings of his kind, they shall be answerable to the King's Majesty, and the Parliaments. And if any thing shall fall forthwith, which is above their Power, and cannot be remedied by them, they shall inform themselves in the Particulars, and represent the same to the King's Majesty, and the ensuing Parliaments, that, by their Wisdom and Authority, all Occasions and Causes of Troubles being removed, the Peace of the Kingdom may be perpetual to all Posterity. And it is declared, That the Power of the Commission shall be restrained to the Articles of the Peace in this Treaty.
Whereas it is desired, That an Act may be made in the Parliament of England for ratifying of the Treaty, and all the Articles thereof, which is likewise to be satisfied in the Parliament of Ireland (which in all the Articles is comprehended under the Name of England ) and after the Treaty is confirmed in the said
English Parliament, and all other necessary Conditions performed, the Armies on both Sides shall, at a certain Day to be appointed for that Effect, remove and disband: So that when the Sccottish Army shall remove from Newcastle, the English Army shall likewise be disbanded, and repair Home to their several Countries and Places of their Residence; and the Irish Army to disband before that Time, that hereafter a quiet and durable Peace may be kept, according to the Articles. And that this Treaty, and whole Proceedings thereof, may be likewise ratified in the Parliament of Scotland, and a firm Peace established, it is desired that his Majesty may be graciously pleased now to declare, That the ensuing Parliament of Scotland shall have full and free Power, as the Nature of a free Parliament of that Kingdom doth of it self import, to ratify and confirm the Treaty and whole Articles thereof, and to receive Account of all Commissions granted by them, examine their Proceedings, and grant Exonerations thereupon; and to treat deliberately, conclude and enact whatsoever shall be found conducible to the settling of the Good and Peace of that Kingdom: And that his Majesty's Commissioners shall be authorised with full Power, to approve whatsoever Acts and Statutes, which, upon mature Deliberation shall happen to be accorded unto by the Estates in that behalf, and shall sit and continue without Interruption or Prorogation, while all Things necessary for that Effect be determined, enacted, and brought to a final Conclusion; unless for better Conveniency of Affairs, his Majesty's Commissioner, with the especial Advice and Consent of the Estates, shall think sit to adjourn the same to any other Time, which shall no Ways derogate from the full and perfect concluding of the whole Premises, before the said Parliament be dissolved.
This whole Article is assented unto; but in so far as concerns the Days and Circumstances of disbanding, to be agreed upon.
Forasmuch as the several Jurisdictions and Administrations of Justice, in either Realm, may be deluded and frustrated by Delinquents, for their own Impunity, if they shall commit any Offence in the one Realm, and thereafter remove their Persons, and make their Abode in the other: Therefore that no Person sentenced by the Parliament of either Nation, as Incendiaries betwixt the Nations, or betwixt the King and his People, shall enjoy any Benefit, Civil or Ecclesiastical, or have any Shelter or Protection in any other of his Majesty's Dominions; like as where Malefactors and Criminals, guilty of the Crimes mention'd in the Act of Parliament, 1612, Cap. 2. and others of that Nature, and committed by Scottishmen, within the Kingdom of England or Ireland, or any Part thereof, are taken and apprehended in England or Ireland, that it shall be lawful to the Justiciaries of England or Ireland, to remand them to Scotland, as the Act bears. And further, If any Malefactors committing Crimes in Scotland, England or Ireland, being duely processed in the Kingdom where the Crimes are committed, and being Fugitives, and remaining in any other of the Kingdoms aforesaid, that the Judges of either Kingdoms shall be holden, at the Instance and Suit of the Party offended, to take and remand the Criminals and Malefactors, to the Kingdoms where the Crimes were committed. And the like Act to be made in Scotland, and this Act to extend as well to Debts as Crimes, and what further is requisite concerning this and other Particulars, for settling of Peace in the middle Shires, accelerating Justice upon the Delinquents, both Civil and Criminal, is to be considered by the Committee to be appointed for that Effect.
It is answered, That such Persons as shall be Natives in either Kingdom, and shall commit any Offence in the Realm whereof they shall be Natives, and shall afterwards remove their Persons into the other: And such Persons as shall be Inhabitants in either Kingdom, and shall commit any Offence in the Realm where they shall be Inhabitants, during the Time of their Habitation there, and shall afterwards remove their Persons intothe other; and shall be for that same censured by the Parliament of that Nation where the Offence was committed, as Incendiaries betwixt the Nations, or betwixt the King and his People, shall not enjoy any Benefit, Civil or Ecclesiastical, or have any Protection in any other of his Majesty's Dominions; and that such Scottish Natives, incensing the King of England against the Kingdom of Scotland, shall be remanded, at the Desire of the Scottish Parliament, into Scotland, to abide their Trial and Censure there, so that the same be reciprocal to both Nations; but other Criminals and Debts to be referred to the Laws.
The Propositions and Articles given in by the Scots Commissioners, after the Lord Lowdon his Return from the Parliament of Scotland.
That the Treaty of Peace may be brought to a speedy and happy Close, we did offer to your Lordship's Consideration the Particulars following:
- 1. That so soon as the Scottish Army shall remove out of England to Scotland, the English Garrisons of Berwick and Carlisle remove, sunul & semel.
- 2. Lest Malefactors, who have committed Theft, Murther, and the like Crimes, crave the Benefit of the Act of Pacification and Oblivion, for whom it is no ways intended; there would be an Exception from the said Act, of all legal Pursuit, intended or to be intended, within the space of one Year after the Date of the Treaty, against all Thieves, Sorners, Out-laws, Fugitives, Murtherers, broken Men, or their Receptors, for whatsoever Thefts, Reifs, Hardships, Oppressions, Depredations, or Murther done or committed by them; and all lawful Decrees given, or to be given, by the Parliament, or any Commissioners to be appointed by them for that Effect, who shall have Power to dignosce and take Cognition, whether the same falls within the said Act of Pacification and Oblivion, or not.
- 3. It is desired, That the Demand concerning the not making or denouncing of War with Foreigners, without Consent of both Parliaments, may be condescended unto by the King and Parliament of England, which is ordinary and universally observed in all mutual Leagues, which are both defensive and offensive; and because the Wars denounced by one of the Kingdoms with Foreigners, although made without Consent of the other Kingdom, will engage them by necessary Consequence; or if the Consideration of that Proposition shall require longer Time than the present Condition of the important Affairs of the Parliament may permit, and lest the speedy Close of the Treaty be thereby impeded, it is desired, That this Demand, with the two other Articles of the same Nature, the one concerning Leagues and Considerations, and the other concerning mutual Supply in Case of Foreign Invasion, may all three be remitted to Commissioners, to be chosen by both Parliaments, who shall have Power to treat and advise thereupon, for the Good of both Kingdoms, and to report to the Parliaments respective.
- 4. It is desired, That the Articles concerning Trade and Commerce, Naturalization, mutual Privilege and Capacity, and others of that Nature already demanded, may be condescended unto by the King and the Parliament of England: and namely, that Demand about the Pressing of Ships or Men, by Sea or Land; or if Shortness of Time, and Exigency of Affairs, may not permit the present Determination of these Demands; it is desired, That these same (except so many of them as are already agreed unto by the Commissioners for Trade) may be remitted to the Commissioners to be chosen by both Parliaments, who shall have Power to treat and advise thereof, for the good of both Kingdoms, and to make Report to the Parliaments respective. And that the Charters or Warrants of the Scottish Nation, for freedom of Shipping in England or Ireland from all Customs, Impost, Duties and Fees, more than are paid by the Natives of England and Ireland, granted by King James under the Broad Seal of England, upon the 11th of April, in the Thirteenth Year of his Reign, and confirmed by King Charles, upon the 19th of April, in the Eighth Year of his Reign, may be ratified and enacted in the Parliament of England.
- 5. That the Extracts or Bands and Decretes put upon Record and Register in Scotland, may have the like Faith and Execution, as the French Tabelliones have in England or Ireland, seeing they are of a like Nature, and deserve more Credit; and if this cannot be done at this Time, that it be remitted to the former Commission from both Parliaments.
- 6. The manner of Safe-Conduct for transporting the Money from England to Scotland by Sea or Land, would be condescended upon, in such a Way as the Charges be not exorbitant.
- 7. The Tenor of the Commission for conserving of Peace would be condescended unto, together with the Times and Places of Meetings, and whole Frame thereof; the Draught whereof, when it is drawn up in England, is to be represented to the Parliament of Scotland, that they may make like Commission, and name their Commissioners for that effect.
- 8. The Parliament of Scotland do join their earnest and hearty Desire, and crave the Parliament's Concurrence, that none be in Places about the Prince his Highness, but such as are of the Reformed Religion.
- 9. That an Act of Parliament of Publick Faith for Payment of the Two hundred and twenty thousand Pounds of the Brotherly Assistance which is Arrear, may be presently framed and expedited, according to the Terms agreed upon.
- 10. It is desired, that the Quorum to whom the Scots should address themselves for Payment of 220000 l. be condescended upon.
- 11. That the Order for recalling all Proclamations, &c. made against his Majesty's Subjects of Scotland, be drawn up, and intimated in due Form and Time, with the Publick Thanksgiving at all the Parish-Churches of his Majesty's Dominions.
- 12. It is desired, That the Articles concerning the Castle of Edinburgh, and other Strenghts of the Kingdom may be understood to be, that the same shall be disposed of for the Weal of the Kingdom, as the King and Parliament shall think expedient.
The English Lords Comissioners Answer.
- 1. That upon the disbanding of the Scottish Army, the Garrisons of Berwick and Carlisle shall be removed, according to the Article of the Treaty on that behalf.
- 2. The second Article is condescended unto, according to the Provision added to the Act of Oblivion and Pacification.
- 3, 4, 5, 6. The third Demand concerning the making of Warwith Foreigners, with the other two Articles, concerning Leagues and Consederations, and concerning mutual Supply and Assistance against Foreign Invasion; as likewise the 4, 5, and 6 Articles, concerning Trade, Commerce, Naturalization, mutual Privilege and Capacity, and others of that Nature, and the Demands concerning the Extracts of Bandsand Decretes, and the manner of safe Conduct for transporting of Monies from England to Scotland, are all referred to be taken into Consideration by the Commissioners to be appointed by both Parliaments, who shall have Power to advice and treat thereupon, and report to the Parliament respective.
- 7. It is just, That the Tenor of the Commission for conserving of Peace, should be agreed upon by mutual Consent; but the closing of the Treaty not to stay hereupon, but to be left to the Commissioners to be named.
- 8. To that Desire, concerning such as should be placed about the Prince, the King hath already given a clear and satisfactory Answer.
- 9. That there be an Act of Parliament of publick Faith, for securing the Payment of 220000 l. which is Arrear of the Brotherly Assistance, is just; and Order is given for it accordingly: And it shall be communicated with the Scottish Commissioners, that it may be a perfect Security.
- 10. The Tenth, for appointing a Quorum for attending the Payment of the Money, is already moved to the Parliament, and will be done as is disired.
- 11. The Eleventh Article is very just, and Order shall be given accordingly for recalling all Proclamations, &c. and for Publick Thanksgiving.
- 12. This Article for the Castle of Edingburgh, and other Strengths of Scotland, is to be settled betwixt his Majesty and the Commissioners of Scotland, or by his Majesty and Parliament of Scotland.
All which Articles are assented unto, and approved by his Majesty, with Advice of the Parliament of England, and by the Committees of the Parliament of Scotland; and are necessary, for publick Declaration of mutual Consent; and for firm Observation, to be confirmed and ratified in the Parliaments of both Kingdoms.
The Act of Pacification.
Be it therefore enacted by his Majesty, with the Assent of the Lords and the Commons in this present Parliament assembled, That the said Treaty, and all the Articles thereof assented to, as aforesaid, be and stand for ever ratified and established, and have the Force, Vigour, Strength, and Authority of a Law, Statue, and Act of Parliament.
Like as this afore-written Treaty, and whole Articles thereof, are by his Majesty and the States of the Parliament of Scotland, enacted and ordained in all Time coming, the full Force and Strength of a true and perfect Security, and Act of the said Parliament.
And His Majesty for Himself and His Successors, doth promise in verbo Principis, never to come in the contrair of this Statute and Sanction, nor any thing therein contained; but to hold the same in all Points firm and stable, and shall cause it to be truly observ'd by all His Majesty's Leiges, according to the Tenor and Intent thereof, for now and ever.
Like as the Parliament of both Kingdoms give full Assurance, and do make publick Faith in the Name of both Kingdoms respectively, for the True and Faithful Observance of this Treaty, and whole Articles thereof inviolably, hinc inde, in all Times to come.
King's Answer why he cannot stay his Journey. August 9.
The Lords signifie to the Commons at a Conference, his Majesty's Answer, delivered by his Majesty in the House of Peers, as to his Journey, which was to this Purpose: That His Faith was engaged to be in that Kingdom, and which was so far engaged, That he could not but go, and the Condition of the Affairs of that Kingdom did require his Presence: He desit'd the expediting of the Bill concerning the Treaty, that he might give his Answer in Person: That he had left such Order for the Government in his Absence, as doubted not but would give Content.
His Majesty's further Answer.
The Lords impart, at another Conference, his Majesty's further Answer; That he forgot to tell the Houses Yesterday of one Thing, That his Businesses are so well prepared in Scotland, that he will make no long stay there, and intends to be back before Michaelmas; and concerning the Army, which he is sorry is not already disbanded, upon the Word of a Prince he will do his best, and hopes (not without good Effect) for the speedy disbanding thereof.
Tuesday Aug. 10. The King passed several Bills, took his leave of the Parliament, and went this Day toward Scotland.
His Majesty came to the House of Lords, to give his Consent to several Acts that were prepared for his Majesty to pass, and accordingly he gave his Consent to the Act for the Treaty between both Kingdoms. To the Bill for Knighthood. The Bill for regulating the Clerks of the Market. He likewise sign'd the limitted Commission for passing Bills in his Absence, and these Lords following were the Commmissioners, viz. The Lord Keeper, the Lord Privy-Seal, the Earl of Lindsey, the Earl of Essex, Marquis of Hartford, Earl of Bath, and the Earl of Dorset. And then his Majesty making a short Speech, desiring the Care of the Parliament in his Absence, to preserve the Kingdom in Peace, took his leave of the Parliament, and at two a Clock in the Afternoon begun his Journey, having none with him in Company in his Coach, but the Prince Elector Palatine, the Duke of Lenox, (being but three Days before created Duke of Richmond ) and Marquis Hamilton.
August 10. Monies order'd to be paid to the Queen Mother.
Ordered, That these Sums following shall be paid upon the Days appointed, concerning the Queen-Mother, viz.
On the First of October, 2000 l.
On the First of November, 2000 l.
On the First of December, 2000 l.
On the First of January in Antwerp, or such other Place beyond the Seas, as the Queen-Mother shall think fit, 1000 l.
August 12. Remonstrance.
The Commons entered into Debate of many Passages, of the Remonstrance of the State of the Kingdom, and of the general Grievances of the People.
August 13. People in Tumults pull down Inclosures.
A Complaint was made to the House of Commons, That Multitudes of People were got together in Lincolnshire, and were pulling down the Hedges and Inclosures with great Violence, whereby those Grounds were thrown open, to great Spoil and Destruction. The House hereupon thought fit to recommend it to the Justices of Peace of that County, to prevent such disorderly Actions.
August 14. One Lord and two Commoners to be sent into Scotland.
The House of Commons this Day took into Consideration the Business of Scotland, and the total disbanding of the Army, and debated that a Committee of Lords and Commoners should be sent to the Parliament in Scotland, to remain there, and to inform the Parliament in England from Time to Time of their Proceedings.
August 16. A Letter from the Earl of Holland.
The House of Peers having received a Letter from the Earl of Holland, Lord General, wherein were some obscure Words, as if there were new Practices and Designs against the Parliament. Thereupon the Lords thought sit at a Conference with the Commons, to impart the Contents thereof, and desired that a Consideration thereof might be taken by the Parliament, to prevent Dangers
that might happen: Hereupon the Commons appointed a Committee to consider of putting the Kingdom into a posture of Defence.
All private Business laid aside.
And to the end that nothing might hinder the House to proceed in publick Concerns, they order'd all private Committees to cease, and no Committee to proceed in any private Business until Michaelmas Term next.
The Names of the Members to go into Scotland; The King refuses to sign them a Commission, and the Reasons why.
The Persons nam'd to go Commissioners into Scotland, were William Earl of Bedford, Edward Lord Howard, Nathanael Fiennes Esquire, And a draught of a Commission was sent to the King to Sign; To impower them to go into Scotland, and there to treat, confer and conclude with such Commissioners as should be named by the Parliament of that Kingdom, according to the Instructions annext, or such further Instructions as they should receive from the Lords and Commons assembled in the Parliament of England, and with his Majesty's Consent. But the King refus'd to sign such Commission, and commanded Anthony Nichols Esquire (who was sent Express to his Majesty from both Houses on that Massage) to signifie the Reasons why he declin'd it, viz Because the Treaty of Pacification was already ratified by the Parliament of Scotland, and this Commission would be get new Matter, and be a means to detain his Majesty longer than he intended; and that the Scots Army was over the Tweed, and the Lord General hath almost disbanded all our Army; and therefore his Majesty saw no necessity for such Commission; yet was pleas'd to give leave to the Members named, to come and attend him in Scotland, to see the Ratification of the Treaty, and what else belongs thereto. This Answer of his Majesty was dated at Edinburgh, the 25th of August, 1641.
But though the Earl of Bedford were nominated of this Committee, he did not go; but only the Lord Howard of Eskrick of the Lord's House.
Mr. Pym reports from the Committee appointed to prepare Instructions for the Committee to go into Scotland, signify'd unto the House of Lords, That this House doth agree, and consent to the Proposition made by the Lords for sending some Persons to the Parliament of Scotland from both Houses, and to desire their Lordships to declare in what manner these Persons shall be Authorized, and for their
Instructions for the Committee appointed to go the Parliament of Scotland. Aug. 17.
- 1. To take care of the Ratification of the Treaty, and of those Acts which concern both Nations, and to bring with them an authentick Exemplification of the same.
- 2. That they see the Commission settled concerning Trade, and of keeping good Correspondency between both Kingdoms for a publick Peace, according to the Articles of the Treaty.
- 3. To demand Satisfaction for such Debts as shall remain due from the Scots unto the Northern Counties, for Provision and Moneys raised, and taken up for the Scotch Army.
- 4. To clear the Proceedings of the Parliament of England, towards the Parliament of Scotland, if they shall find any false Reports, which may breed a Misconstruction between both Kingdoms.
- 5. To assure them of the good Affection of the Parliament of England in all things, so far as concerns the Service of his Majesty, and Peace and Prosperity of both Nations.
- 6. To certifie the Parliament from time to time of their Proceedings, and of all Occurrences which shall concern the good of this Kingdom.
- 7. That they shall put in Execution, such further Instructions as they shall receive from both Houses, as his Majesty shall approve of.
- 8. That they proceed not in the Treaty with the Parliament of Scotland till Warrant and Commission be sent down unto his Majesty, by a Messenger on Purpose, and return with the Warrant to pass the Commons, under the Great Seal of England.
Desire of a free Conference about the Commission, for those who go to Scotland.
To propound to the Lords what Authority these Persons shall have to Treat, whether by Commission, &c. Sir Thomas Barrington is appointed to go up to the Lords to desire a free Conference, concerning the Persons that are to go from both Houses to the Parliament of Scotland.
The same Committee that was appointed to prepare Heads for the Conference, are to manage this Conference.
Sir Thomas Barrington brings Answer, That their Lordships will give a present Meeting as is desired.
Mr. Pym reports from the free Conference with the Lords, concerning what Power was to be given to those of both Houses, that were to be sent to the Parliament of Scotland, that the Lords were something doubtful, and propounded to have a Messenger sent, to procure his Majesty's Warrant, and the Commissioners to stay here till the Messenger return'd; and that when the Commons propounded their Instructions, the Lords went into the House, and said they would consider of them.
August 17. Time given to the Bishops to put in their Answer.
Ordered, By the Lords in Parliament, That the thirteen Bishops Impeached by the House of Commons, shall have Time (by Virtue of this Order) until Thursday come Month, being the 16th of September next, to make their Answers unto the said Charge. And hereof they are to take notice, and prepare their Answers accordingly.
Mr. King reports the Soap-Business, and upon the whole Report thereof, it was by the House resolved as followeth:
Resolves concerning the Soap-Business.
Resolved upon the Question, 1. That the Information of Thomas Jones to his Majesty, to make hard Soap with Berilla, and soft Soap without the Use of Fire, was a deceitful Project; and the Letters Patents, dated the 17th of December, 7 Caroli, obtain'd by Palmer and others, to set on foot this Project, were illegal.
Resolved, &c. 2. That the Letters Patents of Incorporation of Soap-makers of Westminster, dated the 20th of January, 7 Caroli, and the Indentures of the Covenants thereupon dated the 30th of May, 8 Caroli, was Monopoly, and illegal in the Creation.
Resolved, &c. 3. That the Proclamation dated the 28th of June, 8 Caroli, set forth in Pursuance of the said Indentures of Covenants, was against Law, and the Liberty of the Subject; and the said Letters Patents, Indentures of Covenant and Proclamation, were a great Grievance in the Execution of them.
Resolved, &c. 4. That Sir Henry Compton, Sir Henry Guilford, Sir Nicholas Fortescue, Sir Richard Weston, Sir Basil Brook, Sir Edward Stradling, Sir William Ford, Sir James Bagge, George Sage, Thomas Jones, Bainhan Vaughan, Francis Townley, Thomas Russel, Beverly Britton, are Delinquents.
Resolved, &c. 5. That so many of the Persons above-nam'd as are now living, shall be forthwith sent for as Delinquents, by the Serjeant-at-Arms attending on this House.
Resolved, &c. 6. That the Prosecution in the Star-Chamber against Thomas Overman the Elder, Thomas overman the Younger, John Hardwick, Richard Hinde, Thomas Washer, Edmund Whitwell, Simon Weeden, William Barber, Robert Barefoot, John Revell, James Baker, John Hayes, Jacob Troughton, Thomas Munck, Richard Cox, and Edwin Griffin, Soap-Boilers of London; the over-ruling their Plea and Demurrer, expunging all their Answers, but not guilty; suppressing their Interrogatories and Depositions; the Sentence and Proceedings against them, are against Law and the Liberty of the Subject, and that the Sentence ought to be reversed; and Thomas Overman the Elder, John Hardwick, Richard Hinde, Edmund Whitwell, Simon Weeden, Robert Barefoot, James Baker, John Hayes, Jacob Troughton, Thomas Munck, Richard Cox, and Edwin Griffin, ought to have Recompence from the Parties formerly Voted to be Delinquents, for their Imprisonment and Loss of Trade, spoiling their Fatts, Pans, Goods, and other Damages thereby occasioned: And Grace Barber the Widow of William Barber deceased, and his Son; Anne Revell the Widow of John Revell and her Children; Mary Washer the Widow of Thomas Washer and her Children, and the Relict of Thomas Overman the Younger, ought to have the like amends.
Resolved, &c. That the Prosecution of the said Star-Chamber Suit, against Thomas Overman, and the rest of the London Soapers, was at the general Charge of the Corporation of Westminster, and by the particular Sollicitation of Sir Richard Weston, Sir Basil Brook and Mr. Sage, three of the Corporation; and that one Beera a Sollicitor, for and in the Name of the whole Corporation; and that the several Persons then of that Corporation and yet alive, ought to make amends to the several Parties aforenamed respectively.
Resolved, &c. That the Decree made in Star-Chamber the 23d of August 1633, for regulating the Trade of Soapers is illegal, and tends to the Subversion of the Laws of this Realm, and to the Introducing of an Arbitrary Government, and is of dangerous Consequence, and ought to be vacated.
Resolved &c. That all those that were Covenantees with the King, by the Indenture of Covenants dated the 12th of April 1636, or had any Share in the Gains raised by the Corporation of Westminster, or Stock in that Employment, are Delinquents, and ought to make Amends to all such as after those Covenants eutred into, were restrained the Use of their Trades of making of Soap, or sustain'd any Loss in their Fatts, Pans, or otherwise, by Occasion of the Corporation of Westminster.
Ordered, That it be recommitted to the Committee for the Soap-business, to inform themselves by the Minute-Book of the Register, for the Court of Star-Chamber, or otherwise who were present, and gave their Consent to the making of the Decree in Star-Chamber, for regulating the Trade of the Soapboilers, and who gave Votes in the Sentence of that Court against the London Soap-boilers; and to consider who were the Referrees of the Laws Patents, granted to the Corporation of the Soap-boilers of Westminster; as also who were the first Referrees of the Soap-business, and to consider who of the Privy-Council gave their Consent to the illegal Orders made at Council-Table. And to consider what other Persons have had any Benefit in Soap-business, and are to meet to Morrow in the Afternoon in the Exchequer Court.
From this Day until the 26th, the Time of the House was taken up in debate about the Remonstrance of the State of the Kingdom, and about the speedy getting in of the Poll-Money for the disbanding of the Army: Whereupon Orders were made, that the Sheriffs be writ unto, to hasten the Collection thereof, which Letter was to this effect.
A Letter sent from Mr. Speaker to the Sheriffs of several Counties, by the Command of the House of Commons.
For expediting the Poll-Money.
The House of Commons did hope, that in so great a Time, and so visible a Necessity of present Money, no private Person, much less any publick Officers, would have been so flow in contributing their Assistance to the Poll-Money; but by the not coming of this from some Parts, the flow and slender coming of it from others, together with more particular Informations; we are forced to believe, that both Payers, Assessors, Collectors, and Returnes, are in fault concerning it.
I am therefore commanded to let you know from the House, if you tender your own or the publick Good, you make all possible Haste in returning such Monies as you have ready, and that you make known to the Commissioners, that (if we be not by them prevented) the House intends to make a Review of the Assessments; to the end, that wherein the Assessors, either through Partiality, should be found either to have left any uncharg'd, whom the Act chargeth, or to have charged any lower than they are charged by the Act; those that should be found faulty, may incurr both the ill Opinion and severe Punishment of Parliament, as Contemners of the greatest Authority, in a Time of the greatest Necessity; and by that Contempt, being Causes of the Army's less speedy disbanding, to the Danger, as well as the unsupportable and unnecessary Expence of this Kingdom.
Aug. 24. 1641. An Order of the Lords and Commons in Parliament, concerning the more speedy transporting of the Poll-Money to York, for the disbanding of his Majesty's Army.
Likewise the Lords and Commons passed the following Order, viz.
Whereas it is Enacted, that the Sheriffs of the Counties and Cities hereafter named, shall, amongst others, pay such Sums of Money as they shall receive for the Poll-Money, to the Treasurer, in the Act named in the Chamberlain's Office, within the City of London
Now forasmuch as their long Delay and flow Payment is very burthensome and dangerous to the Kingdom; because the King's Army in the North, by this Means remains undisbanded, to the insupportable Charge of the Common-wealth.
For the more speedy Relief of the Kingdom, the Lords and Commons in this Parliament assembled, do hereby order and ordain, that the several Sheriffs of
Worcester, Cambridge, Huntington, Leicester, Northampton, Rutland, Warwick, and other Cities that are Counties within those Counties, and every of them, respectively, shall forthwith, on Notice of this Order, send such Moneys now in their Hands, or shall come to his Hand, or any of their Hands respectively, or to the Hands of his Under-Sheriff or Deputy, or to the Hands of any of their Under Sheriffs or Deputies respectively, under a sufficient Guard and Convoy, to the City of York, to pay the same unto Sir William Udall Knight, Treasurer of his Majesty's Army now there residing, taking his Acquittance for the same; which Acquittance the said several Sheriffs respectively, shall send to the Chamber of London; and that the said Treasurer in the Act named, shall accept of the same, as if so much Money were paid in Specie, and shall deliver an Acquittance or Acquittances for the same, which shall be as sufficient a Discharge to the said several Sheriffs, as if the Money had been paid there.
And the said Treasurer of the Army is hereby required, that he shall as speedily as he may, after the Receipt of any such Sums, from any of the Sheriffs asoremention'd, send up to the said Treasurer of the Chamber of London, present and distinct Certificates of the same.
It is further Order'd, That the several Sheriffs of the Counties, through which the Monies do pass, shall provide a sufficient Convoy to guard the same through the several Counties; and that the Sheriffs, under whole Charge the Monies, shall have Allowance for Transportation thereof in their several Accounts.
Lastly it is order'd, That a strict Account be taken of the Proceedings of the several Sheriffs; as also the Treasurer of his Majesty's Army, and of the Treasurer appointed by the Act, and of their Obedience and Conformity to this Order; and if any shall fail therein, it shall be interpreted as a great neglect of the Safety of the Kingdom, and Contempt of both Houses of Parliament; for which they shall be called to Answer and make Satisfaction, as well for their Offence, as for such Damages as the Commonwealth hath undergone by their Default.
August 26. Reosolves concerning London-Derry.
Mr. Whistler reports the Case of London-Derry. Resolv'd upon the Question, That the Opinion of this House is,
- 1. That the Citizens of London were sollicited and pressed, to the undertaking of the Plantation of London-Derry.
- 2. Resolved, &c. That the Copy attested with Mr.Goad's Hand, is a true Copy of the Sentence given in the Star Chamber against the Mayor, and Commonalty of the City of London, and the Society of the Governors and Assistants of London, of the new Plantation of Ulster in the Kingdom of Ireland.
- 3. Resolved, &c. That the Order made in the Court of Star-Chamber dated 8th Martii 8 Caroli, is unlawful, both for the Matter, Persons, and Time therein prefixed.
- 4. Resolved, &c. That this House is of Opinion, that the King was not deceiv'd in the Grant which he made unto the Society of Governors and Assistants of London, of the new Plantation of Ulster in the Kingdom of Ireland. In Particular, not in creating a new Corporation, called, The Society of the Governors and Assistants of London, of the new Plantation of Ulster in the Kingdom of Ireland.
- 5. Resolved, &c. That this House is of Opinion, that the King did not by that Patent, grant more Land than was by him intended to be granted, nor was he therein deceiv'd.
- 6. That it doth not appear by sufficient Proof, that the Citizens of London were ty'd to perform the printed Articles, and consequently, not bound to plant with English and Scots, nor restrain'd from planting with Natives.
- 7. By the 27th Article, the City was to build two hundred Houses in Derry, and one hundred at Colraine, by the first Day of November, 1611. But admitting that the Houses were not built, nor Cause for giving Damages, in regard the City had not their Patent until the 29th of March, 1613.
- 8. That there is no proof, That the Governors, &c. of the new Plantation, or any of the 12 Companies, did make any Lease unto any Popish Recusant, nor of any. decay of Religion there, by default of the Planters.
- 9. That there is no Proof of any Default in the Planters for not making a sufficient Number of Freeholders, nor any Article that doth tie them thereunto.
- 10. That there is no Proof that the City of London, or the Governour of the New Plantations, have felled any Trees in the Woods called Glancankin and Kellitrough, contrary to their Covenant.
- 11. That the not conveying of Glebe-Lands to the several Incumbents of the several Parish-Churches, in regard they did enjoy the Lands, is no Crime punishable, nor Cause of seizure of their Lands.
- 12. That the Breach of Covenant (if any such were) is no sufficient Cause to forfeit the Lands.
- 13. That the Breach of Covenant is no Crime, but triable in ordinary Courts of Justice.
- 14. That the Court of Star-Chamber, while it stood as a Court, had no power to examine Free-holders or Inheritance.
- 15. That the Court of Star-Chamber, while it stood as a Court, had not any Power to examine or determine Breach of Covenant or Trust.
- 16. That the Sentence upon these two Corporations aggregate (no particular Person being guilty) it is against Law.
- 17. That in all Proof of this Cause, there doth not appear Matter sufficient to convict the City of London of any Crime.
- 18. That upon the whole Matter, the Sentence in the Star-Chamber was unlawful and unjust.
- 19. That this Composition and Agreement, made with the City upon the e Terms, in the time of Extremity, ought not to bind the City.
- 20. That this House is of Opinion, That when the King shall be pleased to repay those Moneys which he hath received upon this Composition, and such Rents as he hath received by Colour of this Sentence; that then his Majesty shall be restored to the same State he was in; and the Patent thereupon gotten, shall be cancelled or surrendered.
- 21. That the Citizens of London, and all those against whom the Judgment is given in the Scire Facias, shall be discharged of that Judgment.
That the Opinion of the House is, That they think sit, that both the Citizens of London, and those of the New Plantation, and all under-Tenants, and all those put out of Possession, by the Sequestration or King's Commissioners, shall be restored to the same State they were in, before the Sentence in the Star-Chamber.
The Case of Tristram Beresford, Ralph Freeman, and John Stone.
Resolved, upon the Question, That the Conveyances to Mr. Beresford, and the rest of the Parties to whom the Conveyances were made, are well executed.
That the Haberdashers being mad eno Parties to the Scire Facias, their Estate is not avoided by the Judgment.
That the Opinion of this House is, That the said Parties ought to be in the same Estate they were in before the issuing of his Majesty's Commission.
The Case of Patrick French.
Resolved, upon the Question, That the Possesion of those Lands complained of in this Petition of Patrick French, was taken from him unjustly, without all Colour of Law; and that he ought to be restored to the Possession, and to the mean Profits during that time.
An Ordinance of Parliament for a Day of publick Thanksgiving, for the Peace between England and Scotland, Aug. 27.
Whereas it hath pleased Almighty God, to give a happy Close to the Treaty of Peace, between the two Nations of England and Scotland, by his wise Providence, defeating the evil Hopes of the subtile Adversaries of both Kingdoms: For which great Mercy, it was by the King's most Excellent Majesty, the Lords and Commons in this present Parliament, enacted, That there should be a publick Thanksgiving in all the Parish-Churches of his Majesty's Dominions.
It is now ordained and declared, by the Lords and Commons in Parliament, That the time for the Celebration of that publick Thanks to Almighty God, for so great and publick a Blessing, shall be on Tuesday the Seventh of September next,
by Prayers, Reading, and Preaching of the Word, in all Churches and Chappels of this Realm: Whereof we require a careful and due Observance, that we may all join in giving Thanks, as we partake of the Blessing, with our Brethren in Scotland, who have designed the same Day for that Duty.
GOD SAVE THE KING
Die Veneriis 27 die Augusti, 1641.
Ordered, by the Lords in Parliament, That the abovesaid Ordinance be printed.
Aug. 30, & 31. The Lords intending to adjourn, are desired to fit.
This Day there was a Conference between the Lords and Commons, wherein the Lords were desired to continue still to sit in their House, by reason of Business of Weight, which the Commons were ready to present to their Lordships; and the rather, for that the Recess of both Houses is to be shortly. To which the Lords agreed; but yet declared their Number were but few in the House; and the Sickness increasing, they desired the Commons to hasten what they had to offer.
Sir Jo. Corbet's Case reported, as to his Fine and Imprisonment Lord Keeper Coventry, and the Archbish of Canterbury consenting to the Fine. The King engaged to let the Spaniards have 4000 disbanded Soldiers. The Commons do not agree to it.
The House of Commons that Day took into Consideration Sir John Corbet 's Case, being a Member of the House of Commons, as to his Imprisonment and Fine, for Words spoken by him at a Quarter-Sessions in the County of Salop, being Words to this Purpose: That the Muster-Masters Wages throughout England were illegal, and against the Petition of Right. In debate of which Business, the House declared, That a Charge and Impeachment ought to be drawn against the late Lord Keeper Coventry, the Archbishop of Canterbury, and others, who consented to impose the Fine upon him, and for causing his Imprisonment.
The Lords this Day, at a Conference, reported to the Commons a Letter which they had received from the King; wherein his Majesty did signifie, That he was engaged to let the Spaniards have 4000 Irishmen: But the House of Commons gave their Reasons why they could not agree, That there should go any Irish to the Spaniard, or any English to the French; and moved the Lords, That there might be a Letter sent into Scotland, to advise his Majesty to that Purpose.
Upon this Occasion, the following Speech was made by Sir Benj. Ruddyard.
Sir Benjamin Ruddyard's Speech, against Soldiers going to the French or Spaniard, Aug. 28.
This is a Business of great Consequence, and therefore requires a well-advised Resolution: I will put France and Spain together; take them both before me, because the Reasons will serve both the one and the other, as they stand in relation to us.
We are, Mr. Speaker, so bounded by the Nature of our Situation, as we are not so proper to extend our selves upon the firm Land of our Neighbours; our Aptitude is rather to Balance; which being rightly used, may make the King he great Arbiter of all the Affairs of Christendom, by assisting, with-holding, or opposing. Henry VIII. is an Example of this; he was sometimes of the side of the Emperor, other times of the French Party, according as he saw either side of the Scales to weigh heavier or higher. Some might think this to be \?\constancy in him; but it was certainly out of a true and peculiar Understanding of his Power.
The present State of Christendom is apparent, that the House of Austria begins to diminish, as in Spain, so consequently in Germany: That the French do swell and enlarge themselves; and if they grow and hold, they will be to us but Spain nearer hand.
Alliances do serve well to make up a present Breach, or mutually to strengthen those States who have the same Ends; but politick Bodies have no natural Affections; they are guided by particular Interest; and beyond that, are not to be trusted.
Although it may be good Policy to breed a Militia at the Charge of other States abroad, for our own Use and Occasion at home, yet that ought rather to
be done amongst Friends of the same way; and so the Low-Countries have been an Academy to us.
His Majesty hath now an Ambassador treating with the Emperor about the Palatinate: If we send away our Men, it will so damp and discountenance the Affairs of the Prince Elector, as the World will believe we never had, nor ever shall have any Intentions to assist him at all.
I have observed, for divers Years, That England is not so well peopled, but we do want Work-folks to bring in Harvest; our disbanded Soldiers will least dislike that kind of Work: And if they be speedly dissolv'd, that Employment will entertain them for the present, and inure them to Labour hereafter.
Upon these Considerations, Mr. Speaker, I cannot give my Advice to add more Strength to France, by weakning both our selves and our Friends.
As for sending the Irish into Spain, truly, Sir, I have been long of Opinion, That it was never sit to suffer the Irish to be promiscuously made Soldiers abroad, because it may make them abler to trouble the State when they come home: Their Intelligence and Practice with the Princes whom they shall serve, may prove dangerous to that Kingdom of Ireland. They may more prositably be employ'd about Husbandry, whereof that Kingdom hath great need.
Besides, It will be exceeding prejudicial to us, and to our Religion, if the Spaniards should prevail against the Portuguese.
It were better for us he should be broken into lesser Pieces, his Power shivered.
If the King of Portugal had desired the Irish Soldiers, I should rather have given my Vote for him than for the King of Spain; because it would keep the Balance more even. Spain hath had too much of our Assistance and Connivance heretofore: I am sure it lost us the Palatinate. Now that it is come to our Turn to advise, I hope we shall not do over other Mens Faults again.
If the present Government of Ireland be not able to restrain their disordered People, there is a noble Lord already designed to that Charge, who by his Knowledge in Martial Affairs, and other his great Abilities, will be, no doubt, abundantly capable to reduce them to a due Obedience.
Wherefore, Mr. Speaker, upon the whole Matter, my Opinion is, That we should not be forward to spend our Men, but rather to preserve and husband them for our own Use and Employments, for our Friends, for our Religion.
During these Transactions here, his Majesty happily arrived in Scotland; where, on the 19th of August, he made the following most gracious Speech to the Parliament of that Kingdom.
His Majesty's SPEECH to the Scottish Parliament at Edinburgh, August 19, 1641.
My Lords and Gentlemen,
There hath nothing been so displeasing to Me, as those unlucky Differences which have happen'd between me and my People; and nothing that I have more desired, than to see this Day, wherein I hope not only to settle these unhappy Mistakings, but rightly to know, and to be known to my Native Country.
I need not tell you (for I think it is well known to most) what Difficulties I have passed through and overcome, to be here at this present: Yet this I will say, If Love to My Native Country had not been a chief Motive to this Journey, other Respects might easily have found a Shift to do that by a Commission, which I am come to perform My Self. And this considered, I cannot doubt of such real Testimonies of your Affections, for the Maintenance of that Royal Power which I enjoy, after an Hundred and eight Descents; and which you have prosessed to maintain, and to which your own National Oath doth oblige you, that I shall not think any Pains ill bestow'd.
Now the End of my coming is, shortly, this: To perfect whatsoever I have promised, and withal, to quiet the Distractions which have and may fall out amongst you. And this I mind not superficially, but fully and cheerfully to perform: For I assure you, That I can do nothing with more Cheerfulness, than to give My People a general Satisfaction. Wherefore not offering to endear My
self unto you in Words (which indeed is not my Way) I desire, in the first Place, to settle that which concerns the Religion and just Liberties of this My Native Country, before I proceed to any other Act.
Touching the Proceedings in this Parliament of Scotland, during his Majesty's Residence in that Kingdom, the Titles of the several Acts follow, as the Author of these Collections did (amongst other Things) cause them to be transcribed out of the Records, soon after the Battel at Dunbar; and the rather publishes them, for that the Records of that Kingdom are irrecoverably lost; for being brought from thence to the Tower, and since his Majesty's happy Restauration ordered to be sent back, the Ship that carried them was cast away in her Passage to Scotland.
The Titles of the Acts passed, and other Proceedings in the Parliament of Scotland, Nov. 19, 1641.
Apud Edinburgum, 19 Novemb. 1641.
An Act anent the Continuation of the Parliament to the Fourteenth Day of January, 1641.
Apud Edinburgum, 14 Januarij, 1641.
Instruments upon Production of the King's Letter.
Act anent the Continuation of the Parliament to the Thirteenth Day of April, 1641.
Apud Edinburgum. 13 Aprilis, 1641.
Instruments upon Production of the King's Letter, and Protestation of the Estates.
Act anent the Continuation of the Parliament to the Twenty fifth Day of May, 1641.
Apud Edinburgum, 25 Maij. 1641.
Instruments upon Production of the King's Letter, and Protestation of the Estates.
Act anent the Continuation of the Parliament to the Fifteenth Day of July, 1641.
Apud Edinburgum, 15 Julij, 1641.
Concerning the Government Civil.
16 Julij, 1641.
Committee for ordering the House of Parliament.
19 Julij, 1641.
Ane Letter from the Estates of Parliament, to the Commissioners at London.
Articles agreed upon by the Estates, for ordering the House of Parliament.
27 Julij, 1641.
Commission and Warrant for concluding and subscribing of the Treaty.
Penultimo Julii, 1641.
Commission for Examination of Witnesses at London, upon the Libel against the Incendiaries.
4 Augusti, 1641.
Act and Proclamation for apprehending the Incendiaries.
10 Augusti, 1641.
Ordinance of Parliament for meeting and receiving of the King's Majesty.
Warrant to the Lord Yester, and others under-written, for signing of the Rolls and Compts in the Castle.
13 August, 1641.
Warrant for ane Proclamation, discharging all Noblemen who are Citat to the Parliament, and have not subscrib'd the covenant Bands for maintenance of the Acts, and rane the Oaths, to have Place or Voice in Parliament.
Ordinance for giving Information to his Majesty, of all that is past heretofore in this Session of Parliament.
Apud Edinburgum, 17 August, 1641.
The King's Majesty present in Parliament.
18 August, 1641.
Act anent the Oath to be given to every Member of Parliament.
24 August, 1641.
Instruments rane by the Lord Loudon, upon the production of the Treaty, and others after specify'd and mentioning the 320000 l. of brotherly Assistance from England.
26 August, 1641.
Act anent the Ratifications of the Articles of the Treaty of Superscrivit by the King, and Subscrivit by the President of the Parliament.
The King's Commission is recited.
And in like manner a Commission hath been granted by the Committees of this Parliament of Scotland, bearing date the last of October, and the 4th of November 1640, and of the words following:
Articles of the large Treaty concerning the establishing of the Peace betwixt the King's Majesty and his People of Scotland, and betwixt the two Kingdoms, agreed upon by the Scottish and English Commissioners, at the City of Westminster, the seventh Day of August, 1641, concerning an Act of Pacification and Oblivion.
The Propositions and Articles given in by the Scottish Commissioners, after the Lord Loudon his return from the Parliament of Scotland, in twelve Articles.
The English Lords Commissioners Answer. Twelve Answers.
And the King's Assents.
Ordinance of Parliament anent the disbanding of the English Army.
Instructions by the King's Majesty and Estates of Parliament of Scotland, to the Lord Maitland, That both English and Scottish Armies disband at ane certain Day.
2 September, 1641.
Act anent incovenanting Patrons.
14 September, 1641.
Act containing the Form and Words to be subjoyn'd to the Exemplification of the Treaty, under the Great Seal.
Carolus Dei Gratia Scotia, Anglia, Francia, & Hibernia Rex, &c.
18 September, 1641.
Warrant for printing of the Articles of the Treaty.
28 October, 1641.
Committee anent the Commotions in Ireland.
Order of Parliament for recalling of the Marquiss of Hamilton, Earls of Argyle and Lanerick, to the Parliament.
6 November, 1641.
Order of the Creation of the Lord General, to be Earl of Levin.
Act in favour of Prince Elector Palatine, for ten thousand Foot to be sent into Germany. Commission for receiving of the brotherly Assistance from the Parliament of England, viz. For the 220000 l. Sterling, conform to the Articles of the large Treaty, &c.
16 November, 1641.
Commission for conserving the Articles of Treaty.
Commission anent the Articles referr'd to Consideration by the Treaty.
Commission for revising the Registers and Records; the Lord Chancellor Loudon, the Earl of Argyle, Earl of Lauderdale and Clerk Register, Commissioners,
to revise and look over all the whole Registers and Records of Parliament, and all other Records, and to make Inventories and Registers thereto; saving the Right of the Register's Place, with all Profits incident there anent.
17 November, 1641.
Warrant to the secret Council for giving Instructions to the Commissioners for the Remainder of the Treaty.
Act appointing the next Parliament to convene the first Tuesday of June, 1644.
These before-written Acts, Ordinances and Statutes of the foresaid Parliament, are Collected, Revised, Recorded and Booked, by me Sir Alexander Gibson Younger, of Duvie, Clerk of our Sovereign Lord's Rolls, Register and Council, witnessing hereunto my Sign and Subscription Manual,
Alexander Gibson, Cleric' Reg.