Historical Collections of Private Passages of State: Volume 6, 1645-47. Originally published by D Browne, London, 1722.
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Chap. V. The most Remarkable Parliamentary and Civil Occurrences of the Year 1645.
An Ordinance of the Lords and Commons assembled in Parliament, for enabling the Commissioners of the Great Seal, and the other Committees in their several Counties, to tender an Oath to all such Persons of what Degree or Quality soever, that shall come in to the Protection of the Parliament.
Be it Ordained by the Lords and Commons in Parliament assembled, That all and every Person of what Degree or Quality soever, that hath lived or shall live within the King's Quarters, or been aiding, assisting, or adhering unto the Forces raised against the Parliament, and hath or shall come to Inhabit or Reside under the Power and Protection of the Parliament, shall swear upon the Holy Evangelist in manner following.
I A. B. do swear from my Heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War, or in this Cause against the Parliament, nor any Forces raised without the Consent of the two Houses of Parliament in this Cause or War. And I do likewise Swear that my coming and submitting myself under the Power and Protection of the Parliament, is without any manner of Design whatsoever, to the Prejudice of the Proceedings of the two Houses of this present Parliament, and without the Direction, Privity or Advice of the King, or any of his Counsel or Officers, other than what I have now made known. So help me God, and the Contents of this Book.
And be it further Ordained by the Authority aforesaid, That the Com missioners for keeping of the Great Seal of England for the Time being, shall have Power, and are hereby Authorized to tender and administer the said Oath unto any Peer, or Wife or Widow of any Peer, so coming to Inhabit as abovesaid.
And it shall be Lawful to and for the Committee of the House of Commons for Examinations, the Committee for the Militia in London, and all Committees of Parliament in the several Counties and Cities of the Kingdom, to tender and administer the said Oath unto every other Person so coming to Inhabit as abovesaid. And if any Person (not being a Member of, or Assistant unto either of the Houses of the Parliament) shall refuse or neglect to take the said Oath so duly tendered unto him or her as abovesaid, the said Commissioners and Committees respectively shall and may commit the same Person to some Prison, there to remain without Bail or Mainprize, until he shall conform thereunto.
An Ordinance of the Lords and Commons assembled in Parliament for exempting the University of Cambridge from Taxations.
Whereas humble Representation hath been made to the Lords and Commons assembled in Parliament on the behalf of the University of Cambridge, that the said University, and the several Colleges therein are brought to such Necessity, by Reason of the failing of their Rents (a great Part whereof cannot be receiv'd in these Times of Troubles and Distractions) as they shall be altogether unable to support any longer the Students of the said Societies, unless they may be freed and exempoed (according to their Charter, and the Indulgence of former Parliaments) from all Military Taxes, and other Contributions to the Publick Service, which are imposed by Ordinance of Parliament.
The said Lords and Commons taking the Premisses into Consideration, and to the End they may give as much Ease and Relief as the Times will bear to these Eminent Schools and Seminaries of Learning for their better Encouragement to continue their Studies with Diligence for the Publick Benefit both of Church and Commonwealth, think fit and Ordain, and be it Ordained, That nothing contained in any Ordinance or Ordinances of Parliament for and concerning the Imposing, Levying or Paying of any Assessments, Taxes and Charges whatsoever, as well already made and charged, as hereafter to be made and charged, by Virtue of any of the said Ordinances, shall be extended to Charge the said University of Cambridge, or any of the Colleges and Halls within the said University, nor any of the Rents and Revenues belonging to the said University or Colleges, or any of them, nor to charge any Master, Fellow or Scholar of any the said Colleges, nor any Reader, Officer or Minister of the said University or Colleges, or any of them, for and in Regard of any Stipend, Wages or Profit whatsoever arising and growing due to them, or any of them, in respect of their said several Places and Employments in the said University, any Thing in the said Ordinances, or any of them to the contrary in any wise notwithstanding,
An Ordinance of the Lords and Commons assembled in Parliament, for regulating the University of Cambridge, and for removing Scandalous Ministers in the Seven Associated Counties.
Whereas many Complaints are made by the well affected Inhabitants of the Associated Counties of Essex, Norfolk, Suffolk, Hertfort, Cambridge, Huntington, and Lincoln, that the Service of the Parliament is retarded, the Enemy strengthened, the Peoples Souls starved, and their Minds diverted from any care of God's Cause, by their Idle ill Affected and Scandalous Clergy of the University of Cambridge, and the Associated Counties; and that many that would give Evidence against such Scandalous Ministers are not able to Travel to London, nor bear the Charges of such a Journey: It is Ordained by the Lords and Commons assembled in Parliament, that the Earl of Manchester shall appoint one or more Committees in every County, consisting of such as have been Nominated Deputy Lieutenants or Committees, by any former Ordinance of Parliament, in any of the said Associated Counties, every Committee to consist of Ten, whereof any Five or more of them to Sit in any Place or Places within any the said Associated Counties where the said Earl shall appoint, with Power to put in Execution these Instructions following, and in pursuance thereof to give Assistance to the said Committees.
First, They shall have Power to call before them all Provosts, Masters and Fellows of Colleges, all Students and Members of the University, and all Ministers in any County of the Association, and all School-Masters that are Scandalous in their Lives, or ill-affected to the Parliament, or Fomenters of this Unnatural War, or that shall wilfully refuse Obedience to the Ordinances of the Parliament, or that have Deserted their ordinary Places of Residence, not being Imployed in the Service of the King and Parliament. And they shall have Power to send for any Witnesses, and examine any Complaint or Testimony against them. Upon Oaths of such Persons as shall and may be produced to give Evidence against against them, and shall certifie their Names with the Charge and Proofs gainst them, to the said Earl of Manchester, and he shall have power to eject such as he shall judge unfit for their Places, and to Sequester their Estates, Means, and Revenues, and to dispose of them as he shall think fitting, and to place other fitting Persons in their room, such as shall be approved of by the Assembly of Divines Sitting at Westminster.
The Earl of Manchester, or the said Committee or Committees shall have Power to Administer the late Covenant taken, and to be taken of all the Three Kingdoms of England, Scotland and Ireland, to all Persons in any of the said Associated Counties, and the Isle of Ely, upon such Penalties, as are or shall be assigned by the Parliament in this behalf.
And be it Ordained, That the said Earl of Manchester shall have Power to dispose of a fifth Part of all such Estates as they shall Sequester, for the Benefit of the Wives and Children of any of the aforesaid Persons.
The said Committee or Committees shall imploy a Clerk for the Registring of all Warrants, Orders, Summons and Ejectments made by them; and that they chuse some convenient Place for the Preserving of the Writings of this Committee.
And further be in Declared, That the Earl of Manchester shall have Power to appoint a convenient Number, consisting of one or more out of every County, one out of the City of Norwich, and one out of the County and City of Lincoln; Provided that Three of these be Deputy-Lieutenants to Sit at Cambridge for the better Ordering of all Businesses of the Association, according to Ordinances and Orders of Parliament, and according to his Commission granted by his Excellency the Earl of Essex; and that the present Committee for the Association Sitting at Cambridge, shall cease when the Earl of Manchester shall have appointed another under his Hand and Seal.
But afterwards Apr. 28. upon further Debate and Consideration, the management thereof was Committed only to the Earl of Warwick of the House of Peers, and Mr. Bence, and Mr. Peregrine Pelham of the Commons House.
Die Sabbathi, April. 26. 1645.
It is this Day Ordained and Declared by the Lords and Commons in Parliament assembled, that no Person be permitted to Preach who is not Ordained a Minister either in this or some other Reformed Church, except such (as intending the Ministry) shall be allowed for the Trial of their Gifts by those who shall be appointed thereunto by both Houses of Parliament.
It is this Day Ordered by the Lords and Commons in Parliament assembled, that this Ordinance be forthwith Printed and Published, and that it be forthwith sent to Sir Thomas Fairfax, with an earnest Desire and Recommendation from both Houses, that he take Care that this Ordinance may be duly observed in the Army, and that if any shall Transgress this Ordinance, that he make speedy Representation thereof to both Houses, that the Offenders may receive condign Punishment for their Contempts. It is further Ordered by the Lords and Commons, that this Ordinance be forthwith sent to the Lord Mayor and Committee of the Militia in London, to the Governours, Commanders and Magistrates of all Garrisons, Forces, Places of Strength, Cities, Towns, Forts and Ports: And to the several and respective Counties, with the like Injunction unto them respectively, that they take Care that this Ordinance be duly observed in the Places aforesaid respectively, and that they make speedy Representation to both Houses of such as shall Offend herein, that they, may receive condign Punishment.
A List of such of the Navy Royal, as also of the Merchants Ships as are set forth to Sea for this Summers Expedition 1645, in the Service of the King and Parliament. Together with their Names, Captains, Burdens, Number of Men and Ordinance in every Ship.
An Additional Ordinance for the better taking and Expediting the Accompts of the whole Kingdom.
For the better taking the Accompts of the whole Kingdom, and the more speedy levying of such Sums of Money as are or shall be due unto the Commonwealth upon such Accompts as are, or shall be determined.
It is Ordered and Ordained by the Lords and Commons, in Parliament assembled, That the Committee for taking the Accompts of the whole Kingdom, and the several Sub-committees of Accompts within their respective Limits, shall have full Power and Authority, and are hereby Authorized to issue forth Warrants to the High Constables, Petty Constables, and Head-Boroughs of every Hundred, Lath, Rape, Wapentake, Ward, and to the Church-Wardens of every Parish, or any of them, or to any other Person or Persons (under the Degree of a Peer of this Realm, nor to any Member of the House of Commons) within the Limits aforesaid, whom they shall think meet, thereby requiring the Persons to whom the said Warrant shall be directed to make strict and diligent Enquiry in every Parish of this Kingdom within their several Precincts, what Sum or Sums of Money, Plate, Horse, Arms, Ammunition; Household-stuff, Goods of all sorts, Rents and Profits of Lands, Wood, Provisions of all kind, and Free Quarter have been received, taken, collected, raised, seized or sequestred within the said Hundred, Lath, Rape, Wapentake, Ward and Parish, by way of Voluntary Contribution, Tax, or otherwise; and by whom the same hath been received, taken, collected, raised, seized, sequestred, and to whom Paid and Delivered. And the said Persons unto whom the said Warrants shall be Directed, shall give Notice thereof in writing, and leave, or cause the same to be left at every House within every respective Parish, to inform them of all such Sum or Sums of Money, Plate, Horse, Arms, Ammunition, Houshold-stuff, Goods, Rents and Profits of Lands, Wood, Provisions of all sorts, and Free Quarter that have been received, taken, collected, raised, seized or sequestred by any Person or Persons, and by whom paid, given or contributed to any Person or Persons whatsoever, for the use of the Commonwealth by way of Assessment, or otherwise. within fifty days after Personal notice left or given under pain that every Person or Persons, who shall willfully or negligently fail to give in such Information within the time aforesaid, without rendring a just and reasonable Cause of his or their failer herein, shall from thenceforth be disabled to demand the benefit of the publick Faith for all such moneys, Plate, Horse, Arms, Ammunition, Provisions, Contributions, Free Quarter, as he or they shall omit to inform of, and after such Information taken by the Persons to whom the said Warrant shall be directed, the same shall be returned in writing to the said Committee for taking the Accompts of the whole Kingdom, or unto the Sub-committee of Accompts respectively for the better enabling them to charge the said Accomptants. And whereas several Sequestrations have been unwarrantably, fraudulently and deceitfully discharged, or let or sold at under-values by the several Committees or Officers for Sequestrations in the several Counties, Cities, and other places of this Kingdom.
Be it Ordained, That the Committee for the taking of the Accompts of the whole Kingdom, and the several Sub-committees for the said Accompts respectively, shall have Power, and are hereby Authorized to inquire thereof by Oath, and if they shall find the same to be unwarrantably, fraudulently and deceitfully discharged, under-sold, or under-let, they shall further enquire by what Ways and Means, and by whom the said discharge, undersale, or under-letting was procured, and such Person or Persons as shall be found faulty in the Premisses, shall make such satisfaction to the Commonwealth, proportionable to their Offence, as the Committee of Accompts for the Kingdom, or any five of them, shall judge and determine, so as the said Persons be not Peers of this Realm, or Members of the House of Commons.
And be it further Ordained, That the said Committee for taking of the Accompts of the whole Kingdom, and the Sub-committees for the said Accompts respectively, shall have Authority, and they are hereby Authorized to enquire of all Persons whatsoever, that have or shall any way conceal and detain the Estates, Goods and Chattels of any Person or Persons Sequestred, or Sequestrable, and shall charge them for the same as Accomptants to all intents and purposes, so as the said Persons be not Peers of this Realm, or Members of the H. of Commons.
And whereas several Accomptants to whom there is no Allowance given by Act, Ordinance or Order of one or both Houses of Parliament, demand upon their Accompts several Allowances: Be it Ordained, That the said Committee for taking the Accompts of the whole Kingdom shall have Power and Authority, and they or any Five of them are hereby authorized to make such reasonable Allowances unto the said Accomptants, for their Charges and Pains as they shall think meet, the said Allowances not exceeding a Penny in the Pound, for every Pound received by such Accomptant.
And be it further Ordered and Ordained, That every Person or Persons found in Arrear upon any Accompt to be Determined by the said Committee, or any Five or more of them, shall immediately upon Determination of the said Accompt and Signification or Notice thereof given to the several Person arid Persons aforesaid, or left in Writing, at his or their House, or usual Place of Abode by the said Committee, or any Five or more of them, pay in, or cause to be paid unto the Chamberlain of the City of London for the Time being, or unto such particular Treasurers, as by any former Act or Ordinance are appointed to receive the same, and in Case no Treasmers are already appointed, then unto such Treasurer as shall by Virtue of this Ordinance be made in every County of this Kingdom, all such Sum and Sums of Money as shall be found and certified to be Arrear, and by him or them due and owing upon their said Accompts, or otherwise give such sufficient Security for the Payment thereof, in Manner and Form aforesaid, within the space of forty Days after the said Certificate, as by the said Committee for taking the Accompts of the whole Kingdom, or any Five or more of them shall be approved of; and for Default thereof, the said Person or Persons neglecting or refusing to pay; or secure the said Sums or Arrears as aforesaid (not being a Peer or Assistant, or Officer of the House of Peers, or Member or Officer of the House of Commons) shall be committed by the said Committee, or any five or more of them, unto such Prison as they shall think fit, there to remain without Bail or Mainprize, until he or they shall pay in the several Sums of Money, or give such Security for Payment thereof as aforesaid. And if any such Person or Persons be Peers or Assistancs, or Officers of either House of Parliament, then their Names to be certified to such House as they shall belong to respectively, that such further Course may be taken therein as shall seem meet.
And be it further Ordained, That if it shall appear to the said Committee, or said Sub-committees by the Acknowledgment of the Accomptant, or otherwise, that there remains any Sum of Money or Goods in the Hands or Possession of any Accomptant (not being a Peer or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) or any other Person or Persons to his Use, that the said Committee, or any five, or more of them, or any of the said Sub-committee, or any five or more of them, shall before the said Accompt determined, have hereby power to order the Payment of the same Moneys, and to make Sale of all such Goods to the Use and Benefit of the Commonwealth within such Time as shall be by them limitted, or in Default thereof, to proceed against the said Accomptants as in the precedent Clause is directed against such Persons whose Accompts are determined.
And be it further Ordained, That if it shall appear by Proof of the said Committee of Accompts, or any Sub-committee of Accompts, that any Person or Persons who is accomptable by Virtue of the Ordinances for taking of the Accompts of the whole Kingdom, or any of them, shall go about or endeavour to depart the Kingdom, or convey away, hide, or obscure his or their Estates, to prevent the Payment of what shall be found justly due, from him or them unto the Commonwealth, that then the said Committee of Accompts, or Sub-committee in every County, or any Five or more of them respectively, shall and may by Warrant under their Hands to be made to such Person or Persons as they shall think fit, cause the Person and Estate of such Person or Persons (not being Peer or Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) to be seized and secured, until such Time as he, or they shall put in good and sufficient Security to be taken by the said Committee; or Sub-committee, or any five or more of them respectively, that he or they shall and will truly pay and satisfie all such Sum or Sums of Money as shall be found due from him or them, unto the Commonwealth upon the determining of his or their Accompts. And be it further Ordained, That if any Person or Persons (not being a Peer, or Assistant, or Officer of the House of Peers, or Member, or Officer of the House of Commons) shall be found Indebted and Arrear upon the Foot of his or their Accompts, and shall be imprisoned, or otherwise absent himself from the Place of his usual Abode or Dwelling, by the space of one Month after Notice of his or their Arrear given according to this Ordinance, that then the Committee for taking the Accompts of the Kingdom, or Sub-committees respectively, shall or may send for any Person or Persons in whose Hands, Power or Knowledge the Estate Real or Personal of such Person so found in Arrear shall be, and Examine the said Person or Persons upon Oath (which by Virtue of the said Ordinances, the said Committee or Sub-committee respectively shall have Power to administer) for the Discovery of the Estate, Real or Personal, of such Person or Persons so indebted; and having discovered the same, that said Committee of Accompts, or any five or more of them, shall have Power to nominate some fit Persons who shall hereby have Power, and are authorized to seize and make Sale of the Estate Real and Personal, Rights and Credits of such Person so found in Arrear, in as ample manner as is usual in the Case of Bankrupts, the said Sale to be by Deed Inrolled in the Court of Chancery, and to be good and effectual in Law, to all intents and purposes against the said Party so found in Arrear, and all claiming by, from and under him, without good and valuable Consideration, and to cause such Money so raised to be paid to the respective Treasurers in this Ordinance named.
And be it further Ordained, That the Sub-committee of every County of this Kingdom, or the major Part of them, shall from Time to Time have Power and Authority to name one fit and able Person in every County to be Treasurer of that County, and the said Person so named being approved of, and allowed by the Committee for taking the Accompts of the whole Kingdom shall receive the several Sums of Money that shall be found Arrear from any Person or Persons within the said County, and shall disburse the same, as the same is or shall be ordered by the Houses of Parliament; and the said Treasurer shall exhibit upon his Oath unto the said Sub-committee a Bill of such necessary Charges as he shall be at the receiving, paying, carrying of the Money received by him according to direction of such Order or Orders; which Charges so by him disbursed he shall and may lawfully retain upon his Allowance of the said Bill.
And be it further Ordered and Ordained by the Authority aforesaid, That if any Person or Persons shall find him or themselves agrieved with the Determination of any such Accompt as aforesaid, then every such Person or Persons so agrieved after he or they have deposited, or sufficiently secured, in such sort as the Court of Chancery shall think fit, such Sum and Sums of Money as are found in Arrear, and by him or them due and owing, upon his or their said Accompt; unto the Chamberlain of the City of London for the Time being, shall and may within thirty Days after such Accompt shall be determined, and Notice thereof to him, or them given or left, and such Payment or securing of the said Money aforesaid exhibit his or their Appeal into the Court of Chancery for redress therein, and that upon the said Appeal the Court of Chancery may by such Ways and Means, as to the Lord Keeper, or Commissioners of the Great Seal for the Time, being, shall seem meet (the Circumstances of the Case considered) within six Months after the Delivery of the said Appeal, in a Summary way, without formality of Proceedings, proceed to the Examination, hearing and determining thereof, shall and may add or diminish, alter or enlarge, the said Determining of the said Accompt, as to them shall be thought to stand with Equity and good Conscience, and shall and may Tax and Award such Person and and Persons as they shall find, to complain of appeal without just or reasonable Cause to such Costs and Sums of Money, as they in their Discretions shall think fit, to the Use of the Commonwealth, unto the Chamberlain of the City of London asoresaid, and for Neglect or Refusal thereof, to commit the said Person or Persons to Prison, until they shall pay the same; and that the said Sums of Money so paid unto the Chain, berlain of the City of London upon the said Appeal, shall not be disposed; of until the said Appeal be determined, and so much shall be adjudged against. the Appellant, to be paid unto such particular Treasurers as are appointed to receive the same as aforesaid, or to be disposed as by Order of the aid Houses of Parliament, shall be appointed and directed: And the Party that shall prosecute the Suit for the Commonwealth, shall have full Costs allowed unto him, in Case he that shall Appeal shall not prevail upon his Appeal.
And further it is hereby Ordered and Ordained by the said Lords and Commons, that all persons employed, or to be employed in taking of the said Accompts by Virtue of aforesaid Ordinances, their and, every of their Officers and necessary Attendants, and their and every of their Horses. shall be free from Pressing, and shall not be seized, or taken by Virtue of any Order or Ordinance for the Service of the State, so long as they or any of them are employed in or about the taking of the said Accompts.
And be it further Ordained, that the Officers and other Persons employed by the several Sub-committees in each County and City, shall have such reasonable and sitting Allowances as shall be thought fit by the said Sub-committees, the major Part of them, and shall be approv'd of by the Committee for taking the Accompts of the whole Kingdom, or any five of them.
And be it further Ordained, That if any Person or Persons (not being a Peer of this Realm, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) that shall be Summoned to appear before the Committee for taking the Accompts of the whole Kingdom, or the Sub-committees respectively, shall wilfully Neglect or Refuse to appear before the said Committee or Sub-committee, and shall afterwards for such his neglect or refusal, be sent for and attached by the r Messenger or Messengers, that in such Case it shall and may be lawful for the said Messenger so attaching the said Person or Persons, to take of every such Person the Sum of Two pence for every Mile he shall go or ride for the said Person or Persons so offending, and Twelve pence for the Attachment of the said Person offending.
And be it further Ordained, That it shall and may be lawful, for the Register, Accomptant or Clerk to the said Committee for the taking of the Accompts of the whole Kingdom, and their Sub-committees respectively, to take from every Person that shall be sound in Arrear, Three pence for every Sheet that shall be written of every Examination or Accompt, and Twelve pence for every Order which the said Person so sound in Arrear shall desire to have written or Copied out for his Benefit.
And, be it further Ordained, That the said Committee for the taking of the Accompts of the whole Kingdom, and the Sub-committees respectively, or any two of them, shall have power and authority administer to every Register, Accomptant, Messenger, or other Officer or Person imployed, an Oath for their and every of their faithful Demeanour, the Tenor whereof followeth.
I A. B. do Swear, That according to my best skill and judgment, I shall faithfully, diligently, and truly demean myself in the Office of or other, Employment wherein I shall be imployed the Committee for the taking of the Accompts of the whole Kingdom, or by any Sub-committee for taking the said Accompts.
And it is further Ordained, That the Sub-committee of Accompts of each respective County and City or any Five or more of them shall have full power and authority to send into any other County or City, and to cause all Person accomptable for any Moneys or Goods received or taken in the County of which they are Sub-committees (not being a Peer, Assistant or Officer of the House of Peers, or Member or Officer of the House of Commons) to appear before them For the Examination of their former Accompts, according to this and the several Ordinances, unless the Committee for taking the Accompts of the whole Kingdom shall give Order to the contrary.
And be it further Ordained, That if any Person or Persons named, or to be named of any Sub committee of Accompts, according to the said, several Ordinances of Accompts, or which shall be named Treasurers according to this Ordinance, shall refuse to take upon them the said respective Employments, or to take the National Covenant, upon Certificate of the several Names to the House of Commons, by the Committee for taking the Accompts of the whole Kingdom, they shall receive such punishment as the High Court of Parliament shall think fit.
Much about the beginning of this Year 1645, the Lord Savile, lately created Earl of Suffex, upon some Disgust taken at Court, left Oxford, and attended with some Gentlemen, came publickly in the Day-time into London; but being mistrusted by the Two Houses, an Order pass'd on the 31st of March, That in a Week's time he should depart the City, and all the Parliaments Quarters. But he still being willing to continue in the City, did on the 22d of April take the Oath appointed by the Parliament by such as came in unto them, before the Commissioners of the Great Seal: And afterwards was complained of by Mr. Hollis touching a Letter pretended to be sent from Oxford to Hollis: On which the laid Lord Savile, for Contempt in refusing to tell from whom he had that Letter, was committed to the Tower. And on the 2d of July following, Mr. Gourden, a Member of the House of Commons, presented a Letter from the said Lord to that House, with a Paper therein inclosed, desiring the same might be read, which after some Debate, being admitted; the Substance of the Letter was to signify his Affections to the Parliament, to whom he had come from the King, and submitted himself, and taken the Oath enjoined: In observance whereof, and of his Duty to the Parliament, under whose Protection he was, he held himself obliged to discover to them what he knew concerning Two of their Members, who had acted contrary to their Trust, and to the Prejudice of the Parliament, in the Matters in that Paper contained: Which Paper set forth, That Mr. Hollis and Mr. Whitlock being Persons well affected to the King and his Cause, were nevertheless Two of the Parliaments Commissioners lately sent to Oxford to his Majesty, with Propositions for Peace: And did there, contrary to their Trust, and to the Parliament's prejudice, treat and advise with the King, and some great Lords about him, namely, the Earl Lindsey, the Earl of Southampton, and others, about the King's Answer to those Propositions; and did give a Paper in writing, wherein they advised what the King's Answer should be: Which Advice of theirs was followed by the King, and some of the very Words thereof made use of in his Majesty's Answer. And that both before and after that time, they held Intelligence and Correspondence with the King and the Royal Party at Oxford, &c. Whereupon several moved, That Hollis and Whitlock might make a present Answer to this Charge: And Hollis in his Place made his Answer to the Matter of the Paper, denying any such Intelligence or Correspondence: And Whitlock being that Morning out of Town, Mr. John L'Isle acquainted the House, That Mr. Whitlock being then absent, if they pleased, he would undertake to give him Notice to attend the next Day; which was ordered; and Whitlock then attending accordingly, the said Letter and Paper were again read; whereunto he in his Place spake by way of Answer as followeth:
I am happy, since I must be under an Accusation (which is no mean thing) in this Honourable House, that this Gentleman, my Lord Savile, is my Accuser; and more happy, that You, to whom I have been so long a Servant, and who know my Ways so well, are to be my Judges. I shall say nothing concerning my Lord Savile, because he is my Accuser; but to the Parts of his Accusation I shall give you a short and true Answer, with all Ingenuity and Submission to your great Judgment.
His first Part of the Accusation is, That I was a person well-affected to the King: But he gives no Instances thereof; nor is it a Crime to be well-affected to my Sovereign; we have all expressed the same in our Covenant. I could give some Instances to the contrary Effect; as the Plunder of my Goods, seizing the Profits of my Lands, indicting my Person of High Treason for serving you, and giving away my Inheritance to Sir Charles Blunt a Papist; which are no great Motives to an extraordinary Affection, more than a Subject is obliged towards his Prince. But if my Lord Savile means by well-affected to the King, my being well affected to Peace; I confess I am a passionate Lover of a good Peace, and Seeker of it, and thereby have testified my Affection both to King and Parliament; and the longer our Troubles continue, the more we shall all be of this Opinion and Affection. Sir, I hope I may be thought capable to know my Duty to my King, and to understand what Protection I was to have from him; the mutual Relations of both; and further I hold myself disoblig'd.
The Second Accusation is, That I met at the Earl of Lindsey's Lodgings in Oxford, to Advise about the King's Answer to your Propositions; and that I there did give Advice to the King, contrary to the Trust reposed in me by you. To this I answer, That when your Commissioners came to Oxford, we consulted together what (amongst other things) was fit for us to do in point of Civilities and Visits whilst we were there; and it was agreed by us all, That we should not visit any that were excepted in your Propositions; but that we might visit others who did visit or send Visits to us. The Earl of Lindsey sent to visit Mr. Hollis and Me with a Compliment. That he was not well, else he would have come to visit us at our Lodgings. And I having a particular Relation and Alliance to him, we went together to return a Visit to his Lordship, and told our Fellow-Commissioners of our Intentions, before we gave the Visit, and they approved of it. When we came to the Earl's Lodging, we found there the Earl of Southampton, the Lord Savile, and some others; but it was so far from an appointed Meeting, that I knew not of their being there, till I saw them in the Chamber. There was much Discourse amongst us about your Propositions, and they urged the Unreasonableness of them: We affirmed the contrary, and vindicated your Honour in them. There was also Discourse concerning the Scots Commissioners, whom they affirmed to be averse to Peace; we assured them that they were not, but willing to have a good Peace. There was likewise upon this Occasion, Discourse of the Presbytery, and of the Point of Jure Divino: We told them that the Scots were off from the rigid Presbytery, and did not insist upon the Point of Jure Divino. They were then likewise discoursing of Tumults, and of Persons and Petitions brought to Westminster in a violent and disorderly manner. We did not speak of any violent Independent Party; nor any the Words mention'd in my Lord's Savile's Paper; nor that the Propositions were unreasonable: They indeed pressed much upon that Argument, That they were unreasonable; particularly the Propositions concerning Religion and the Militia: We told them, that Unless the King would grant those Propositions, it would be in vain to Treat of any Peace. There was also much Discourse about the acknowledging You to be a Parliament: The Earl of Lindsey said, That the King had acknowledged you a Parliament, by the Words, Lords and Commons of Parliament. We answered, That this was the same Stile his Majesty gave to the Assembly at Oxford, and we could not be satisfied with that Acknowledgment. Then the Earl of Linsey demanded of us, How we would be Acknowledged? We told him, thus; The Lords and Commons Assembled in the Parliament of England at Westminster.
After this we returned to our Lodgings, and acquainted our Fellow-Commissioners with the Persons that were at the Earl of Lindsey's Chamber when we were there, and with the Matter of our Discourse with them. In all our Discourses, Mr. Hollis and myself did justify your Propositions, and vindicate your Proceedings. Mr. Speaker, It is no small Trouble to my Thoughts, to have my Name questioned in this House; but I am comforted in my Own Integrity and Innocency, and in my Accuser, but chiefly in my Judges.
Whitlock having ended, the House fell into Debate, Whether this Paper from the Lord Savile were an Accusation or Charge against them For several Gentlemen argued, That it was against the Privilege of the House to take it for an Accusation, being from an Enemy come from the Kings Quarters, and one in Contempt to both Houses of Parliament, for refusing to Name the Person from whom he received a certain Letter concerning Mr. Hollis; and therefore Committed close Prisoner. For he had not discovered this for several Months time, during which he had been in the Parliaments Quarters; but after he had been complained of by Mr. Hollis about a Letter, and Mr. Whitlock was in the Chair of the Committee appointed to examine that Business, then the Lord Savile brought in a new Accusation both against Hollis and Whitlock the Chairman, to take off his Testimony for Mr. Hollis. Others moved, that this Business might be committed, to see if the Lord Savile would avow his Letter and Paper, and by what Testimony he could make it good; and that Mr. Hollis and Mr. Whitlock might be cleared from, and have Reparation for this Aspersion: So at last it was referred to a Committee to be examined in the general; and Power given to the Committee to examine any Member of this House: And a Message sent to the Lords, to desire that the Lord Savile might be examined at this Committee.
The Committee met, and Mr. Samuel Brown had the Chair: Where the Lord Savile own'd the Letter and Paper as his, and his Hand to be to them; adding, that he would justify them to be true upon his Soul and his Life; but when put to it, could not make out the Particulars, more than what they acknowledged, by any other Evidence; so that after several Days canvassing the Matter and hearing of the Earl of Denbigh, the Lord Wenman, and others of the Commissioners that went with them to Oxford; and especially, for that depending the Business, the Scots Commissioners had intercepted certain Letters and Papers of the Lord Savile's, which he was sending to Oxford, the chief Scope whereof was to be informed from thence, whether Hollis or Whitlock kept Intelligence with the Duke of Richmond, the Earl of Lindsey, or any others of the King's Party: Which being brought, and read in the House, and hereby somewhat of a Design being suspected to be in the bottom of this Prosecution; and the whole Matter being reported to the House, and there re-examined, the House in fine, after very high and long Debate, voted, That it not appearing that Mr. Hollis and Mr. Whitlock had done any Disservice in their Proceedings at Oxford, Therefore the Remainder and whole Matter of the Report concerning them, should he laid a side, and no further proceeded in: And that the said Mr. Hollis and Mr. Whitlock shall have Liberty to Prosecute (if they please) the Lord Savile, now Prisoner in the Tower, for Damages.
An Ordinance of the Lords and Commons Assembled in Parliament, for the raising and collecting of ten thousand Pounds, for and towards the Redemption of distressed Captives.
Whereas by an Act made this present Parliament, entituled, An Act for the Relief of the Captives taken by Turkish, Moorish, and other Pyrates; and to prevent the taking of others in Time to come; a Subsidy of One per Cent. was imposed on all Goods and Merchandize exported out of, orimported into this Kingdom of England, and Dominion of Wales, which was to be one first Part more than the Customs and Subsidy of Tonnage and Poundage, according to the Book of Rates: Since the passing of which Act, the House of Commons by Order of the 10th of March, 1641. for divers Reasons did order, that Bonds should be taken by the Collectors of that Duty, to stand to the Order of Parliament. And whereas both Houses of Parliament, intending to carry on that good Work, did on the 24th of October 1644. Order, That only one fourth part of the Monies due by the said Bonds, being one Shilling in every twenty Shillings Custom, should be paid by the respective Merchants of the City of London; having by their Petition set forth the great Inconveniences that might happen, as well in relation of the Advancement of the Work, as to the unequal Burthen that might rest upon the well-affected Merchants, in regard sundry Persons ill-disposed to that Work, and disaffected to the Parliament, did, during the Time of the said Act, make ill use of the Favour of the Parliament, and did fraudulently make Entry of their Goods in the Names of insolvent and unknown Persons, by whom Bonds were likewise sealed: And the Duty being now required, no such Persons appear, nor Moneys can be Collected for carrying on of that Work: Yet the said well-affected Merchants being desirous that the Work might go on, are ready not only by way of Advance forthwith to pay in all such Moneys as they themselves owe upon those Bonds, but likewise willing to discover the Fraud in those ill-affected Persons, and to use their best Endeavours to recover in the Moneys due upon such Bonds, so as they might be enabled by an Ordinance of Parliament, for continuance of that Duty of one fourth per Cent. for another Year, to reimburse themselves out of the one Moiety of the Collections of that Duty, or otherwise all such Moneys as they shall Pay in and Advance as aforesaid. It is therefore Ordained by the Lords and Commons assembled in Parliament, That Samuel Avery, Esq; Alderman of the City of London, Walter Pell, Robert Lowther, Rowland Wilson Senior, Thomas Hodges, William Methold, Edmund Cason, Robert Abdy, Samuel Mico, Charles Snelling, Richard Legg, Thomas Rich, Jonathan Andrews, Natbanael Wright, Thomas Burnel, Richard Chiverton, Nathan Wright, Richard Hill, Benjamin Delannoy, William Vincent, Henry Hunt, and Hugh Wood, or any Three of them, shall be a Committee, and have Power to receive from the Chamberlain of London, who is hereby required to deliver all such Bonds of Merchants heretofore taken for the satisfying of that Duty, by Virtue of the said Order of the 10th of March, 1641. And shall have further Power to receive all Moneys due upon the said Bonds from the several Merchants, according to the Rule following: That is to say, Of all such Merchants that shall before the 24th of July next, voluntarily Pay in the one fourth Part of the One per Cent. in obedience to. the Ordinance of the 24th of October, 1644 upon their said Bonds they shall accept thereof, and deliver up their Bonds cancelled to the respective Merchants. But of all others which shall refuse to accept of the Benefit of this Ordinance, and to pay in their Moneys on their Bonds by the Day Prescribed; or any others that they shall discover fraudulently to have made their Entries in unknown Names, to elude the Ordinance of Parliament; that they shall have Power to require and receive the whole Duty of One per Cent. or the whole Penalty of the said Bonds, as they shall think fit. And if any shall refuse upon Demand to make such Payment, then to Levy the same by Distress upon the Goods and Estates of such Persons, and the same to sell and dispose of, for the Satisfaction of the said Bonds; and the Overplus, if any shall be, to return it to the Parties so refusing. And for the better Executing of this Service, they shall have Power to send for Parties, Witnesses, other than Peers, Papers, and Records, at a certain Time and Place, where they shall constantly sit. And it is further Ordained, that after the Sum of ten thousand Pounds shall be raised and collected upon the said Bonds, for the carrying on the said Work, such Merchants as shall on or before the said 24th Day of July, Pay in their said Moneys in Obedience to this Ordinance, shall be repaid the same out of the Surplus of such Moneys as shall arise upon the said Bonds, in turn as they did pay in their Moneys: And what Part shall be wanting for the full Reimbursement of every particular Merchant, shall be paid out of the one Moiety of the Receipts that shall be collected in the Port of London, on an Ordinance of Parliament passed this present Day, for the Continuance of the said Duty of one fourth of One per Cent. from the 10th of December next inclusive. Provided if any Merchant shall not pay in the Money due by his Bond, on or before the 24th of July as aforesaid, shall not enjoy the Benefit of this Clause, or any Thing in this Ordinance contained.
And it is further Ordained, That this Committee shall have Power to appoint a Treasurer to receive and issue out all snch Moneys as shall be collected on the said Bonds, as he shall receive Order from Time to Time, from the Committee of the Navy appointed by Parliament, which shall be to him a sufficient Discharge; and to imploy such other Person or Persons in the Execution of this Service, and to give such Reward for their Care and Pains, as to them, with the Approbation of the Committee of the Navy, shall be thought fit.
Lastly, it is Ordained, That if after the 24th Day of July, any Person or Persons shall be discovered eluding of the said Ordinance of Parliament for the Payment of that Duty, to have made fraudulent Entries, and to cause Bonds to be given in the Names of unknown or insolvent Persons, such Persons so discovered shall be liable to the Penalty of the said Bonds, and to such further Punishment as shall be thought fit by Parliament to be due to Offences of that Nature: One Moiety of the said Fine and Penalty shall be to such Person or Persons that shall make such Discovery , and the other Moiety to the State, to be employed to and for the Redemption of the said distressed Captives. And the Committee of the Navy are to take Care for the putting this Ordinance in Execution, and to give such further Instructions from Time to Time, as shall be needful for the better carrying on of this Service.
Committee appointed by Parliament to receive the Moneys due on the Bonds for Redemption of the Captives in Algiers.
Whereas both Houses of Parliament have by their Ordinance dated the 8th Day of this present Month, for several Reasons mentioned and contained in the same, appointed this Committee to receive in all Moneys due upon Bond taken upon the Duty of One per Cent. for Redemption of Captives in Algiers, &c. from Merchants, according to this Rule; (viz.) Of all who shall voluntarily bring in their Moneys on or before the 24th present, one fourth Pare of One per Cent. And if any shall refuse to accept of the Benefit thereof, or seek to elude the said Ordinance, that then they shall be compelled to Pay the said whole Duty of One per Cent. or the whole Penalty of the Bonds: the same to be levied by Distress. And if any Money shall be Overplus, after 10000/. first deducted out of the Moneys arising on the said Bonds, the same shall be Repaid unto such Persons as shall Pay in their Moneys before the said 24th of this Month: And if such Remainder will not fully Reimburse them, then they shall be paid what Remains, out of the Moiety of the Moneys that shall be Collected on the Ordinance now passed for Continuance of the said Duty of a fourth Part of One per Cent. from the 10th of December next, unto the 10th of December 1646.
In Pursuance therefore of the Commands of both Houses of Parliament for the carrying on of this so Pious a Work, this Committee doth think fit hereby to Publish, that they intend and do appoint to meet constantly every Day at Merchant-Taylors-Hall, between the Hours of Three and Six in the Afternoon. And hereof all whom it doth or may Concern, are to take Notice accordingly.
Samuel Avery, Robert Lowther, Walter Pell, Rowland Wilson Senior, Thomas Hodges, William Methold, Edmund Cason, Robert Abdy, Samuel Mico, Charles Snelling, Richard Legg, Thomas Rich, Jonathan Andrews, Nathanael Wright, Thomas Burnel, Richard Chiverton, Nathan Wright, Richard Hill, Benjamin Delannoy William Vincent, Henry Hunt, Hugh Wood.
A Declaration of the Parliament of England: Written to the High and Mighty Lords, The Lords States General of the United Provinces of the Low Countries: Concerning their last Embassy Extraordinary into England.
High and Mighty Lords,
The Lords and Commons assembled in the Parliament of England, taking into their Consideration the late Embassy directed from your Lordships unto them; and well knowing by the Successive Transaction of Affairs between this Kingdom, and the States of the United Provinces of the Low Countries, as by the notable Assistances given and received against the Enemies of each other, that from the very beginning of the Restoration of the Liberty of that Republick, even unto this Time, there hath been a firm Union, and constant Intercourse of Friendship and real Affection between this Kingdom and that State; and that the mutual Expressions thereof, by many Actions which each hath performed for the Good and Welfare of the other, have been by the Blessing of God very Successful for procuring great Additions of Happiness unto both. And considering that the same Profession of the true Reformed Protestant Religion, the Advantages of Traffick and Assistance, by Reason of Situation, Commodities and Shipping, and the same common Enemies to both, which were the common Interests of Religion and State, that first Combined them in this unhappy League, do still continue: And that therefore upon the Observation of God's Blessing, and of the long Experience of the Fruits and happy Effects of it, they ought in Reason be much more Powerful now for the Continuation thereof, than they were in the beginning; they have thought good to let your Lordships know, that as this Pious and Strict Alliance was derived from their Ancestors unto them, so they have nothing more in their Wishes and Desires, than that the same may from themselves be transmitted unto Posterity, to be continued without Intermission from Age to Age, if God so please: And would have your Lordships rest assured, that they will never willingly do any Thing nor suffer any Thing to be done, if in their Power, which may tend to the diminution thereof in the least Degree: But shall on the other side take all Occasions to let your Lordships know how much they Desire that by their Means a Foundation may be laid, if possible, of greater Assurances, and of a nearer Conjunction than heretofore hath been. And as they have herein manifested their own Intentions and Desires; so they would have your Lordships further know, that they nothing doubt, but that your Lordships have the same, and that they look upon that Embassy as a clear Testimony thereof, and as proceeding from those good Respects which you have constantly born unto the Peace and Welfare of his Majesty, and of all his Dominions; for which they return unto your Lordships their most hearty Thanks. And although when they call to Mind their own Demeanor in all the Passages of the Negotiation upon that Embassy, and their Sincerity therein towards your Lordships and that State; they have no Cause to believe that your Lordships do conceive otherwise thereof, than that they have therein expressed themselves with all due Respects unto your Lordships, and such as might justly be expected from so good Friends, then engaged in a Business intended and undertaken by you only for their Good: Yet in regard the Embassy hath not produced the happy Ends intended by your Lordships, and which the Houses of Parliament most earnestly desired and thirsted after (the composing the great Distractions within his Majesty's Kingdoms) and in regard they have some cause to fear that the Proceedings on the Part of the Parliament have been or may be represented unto you in such manner as may cause some Doubts in your Lordships, as well concerning their Carriage therein towards your Lordships, as concerning the Reality of their Endeavours for obtaining a safe and wellgrounded Peace: They conceive themselves bound to endeavour as much as in them lies, the Prevention of any Mistakings or Misunderstandings from your Lordships in Matters of so high and tender a Concernment: And therefore because they know no better or more likely Way for the present to effect these their Desires, than to acquaint your Lordships with the Truth of all the Proceedings between themselves, and the Honourable Persons sent from you upon that Embassy, and with the true Reasons and Grounds thereof, they have made a Collection and true Narration of them as followeth.
When We first heard of the Arrival of your Ambassadors here, which was about the beginning of January, 1643. Although we knew not whether your Lordships had sent them to the King, or Parliament, or to both; yet we received them with the Civilities and Respects which have been accustomed in the Entertainment of such Ambassadors as have been most welcome to, this Kingdom: After many Weeks stay in London, they went to Oxford, without any Address to the Parliament, or other Intimation of their Intentions, save only that they meant first to repair to his Majesty, then at Oxford; and after about six Weeks abode there, they returned hither again; and upon the 18th of March, 1643, delivered a Paper to each of the Speakers of the Houses of Parliament, with a Memorandum to that delivered to the Speaker of the House of Peers, in these Words, Delivered by the Ambassadors of the Lords Estates, unto Monsitur the Baron Grey of Wark, Speaker, to be committed to the Lords of the Parliament, this 14th day of March, 1643. The other to the Speaker of the House of Commons, with a Memorandum in these Words, Delivered by the Ambassadors of the Lords, Estates unto Mr. William Lenthal, Speaker, to be communicated to the Srs Commons of Parliament, the 14th of March, 1643.
To the Matter of these Papers, the Lords and Commons could give no Answer, in respect: they were not Addressed to them in such Words, either for the Matter or Manner, as that they could Legally, and according to the Course of Parliament, take notice of them as directed to themselves. And although they did not at this time, nor had at any time before, tendered any Letters of Credence from your Lordships to either of the Houses, the same not being done until the Twelfth of July next following; Yet in regard the Papers purported an Embassy from your Lordships, they were readily received by the Lords and Commons; who were very much grieved that any thing should make them uncapable of giving a speedy and satisfactory Answer. And that Pretence of Mistakes through want of Knowledge of the Stile or manner of Addresses, might be taken away, the Houses were willing that some of their Members should repair to the Ambassadors to acquaint them therewith; who did accordingly, and left the same in Writing with them; Although the Houses had Cause to believe, that the Ambassadors were not ignorant, that other Ambassadors from the French King, having tendred Papers to the Houses, and in the Address, (the same in substance with this) received no Answer to the Matter of them. The Houses after long Expectation received nothing from the Ambassadors, and therefore the Eighth Day of April, 1644. returned this Answer to their Paper.
'That the Lords and Commons assembled in the Parliament of England, will always with due Respect acknowledge such Affections as from the Lords the States General of the United Provinces of the Low Countries, shall at any time be Expressed to the King and his Kingdoms; professing that they desire nothing more, than such a Peace as may as well procure Honour and Happiness to the King, as the Preservation of the true Reformed Religion, the Privileges of Parliament, and the Liberty of the Subjects in His Majesties three Kingdoms, according to the late Solemn League and Covenant; And when they shall from and in the Name of the said Lords the States General of the United Provinces, propose any Thing to the Lords and Commons assembled in the Parliament of England, they will do thereupon that shall be fit.
After they had receiv'd this Answer, there were many Dispatches and Messages sent and receiv'd to and from Oxford, by and from them; and upon the 4th of May, 1644. Ambassadors came to the Speaker of the House of Commons, and by him presented their Service to the parliament protesting their Desires to do good, but that they met with no Success; and so took their Leave for Oxford again; whereupon the Speaker was appointed to give them a Visit, and a Return of their Respects to the House of Commons; which was performed, many of the House of Commons accompanying him unto them.
But when they perceived a considerable Army, (raised by Authority of Parliament) to come near unto Oxford, where they then were with the King, they came out with White Flags before them, and moved the Earl of Essex, the General of the Parliaments Forces, for a Treaty, to compose the Differences between His Majesty and the Parliament: His Excellency assured them (which we doubt not but they very well knew before) that it belonged only to the Parliament to appoint such a Treaty: With which Answer, after civil Entertainment, they returned again to Oxford; and from thence they came with their White Flags, which were still carried before them all the Way as they passed, even in this City of London, which (notwithstanding the bad Effects that such Carriage might have produced, and especially in the Army) they were willing to pass by; as also the bringing of some Persons in their Train from Oxford, that durst not otherwise see London; because they did in Truth most really desire that to which themselves and their Flag seemed so much to pretend.
After their Return hither, about the 19th of June 1644, they sent Messages to the Houses, that they had something to deliver unto them from your Lordships: Whereunto about 2 or 3 Days after, this Answer was sent them; That the Houses did expect that they should make their demand of Audience in Writing, with which if the Houses rested satisfy d, that they would come to them as to the Parliament of England, Audience should be given them in each House apart. Which they did by their Writing, Dated the 5th of july, whereby they presented their Desires as to the Lords and Commons Assembled in the Parliament of England, and thereupon had Audience given them in each House the 18th Day of the same Month, with a most Honourable and Respective Reception. At the same time they deliver d their Letters of Credence from your Lordships, and offer d their Interposition and Mediation for composing of the Differences between his Majesty and the Parliament, which they left in Writing, together with a Memorial for Reparation of Damages sustained by some Merchants and Masters of Ships of the United Provinces, in their Ships and course of Trading, with Desire that Commissioners might be appointed for settling of the Things complained of.
In Satisfaction to their Desires concerning the Ships and Trading, The Houses the 24th of the same July, did make a Committee, consisting both of Lords and Commoners, to take the same into Consideration, with Liberty to confer with the Ambassadors touching the Matters under complaint. Of the Proceedings of the Houses concerning this of the Ships, they intend to give particular and speedy Notice to your Lordships, and to do that therein which they hope shall give full Satisfaction.
'The Parliament of England do with all respectful Gratitude acknowledge the great and good Affection of the High and mighty Lords, the States General of the United Provinces, expressed by their Ambassadors, towards the good Peace and Happiness of these his Majesty s Dominions, and the Parliament; As also their friendly Offer to interpose, and use their best Endeavours for the effecting thereof, in case it be so desired. Nor had there been so much time intermitted here, in the maintaining and seeking of Peace, having ever been our chief Aim; had we not before this Offer of your Ambassadors, put ourselves in a way of seeking to his Majesty to re-obtain a wellgrounded Peace, by preparing certain Proportions tending thereunto; which upon the common Interests of both Kingdoms, have until of late remained in the Hands of the State of Scotland; and being returned from thence, are lately sent and presented by a Committee of both Kingdoms to his Majesty, from whom we hope to receive a Gracious Answer, they tending both to his own, and also his Peoples good. However, we cannot but express our due Sense of the good Respect from the high and mighty Lords and States General of the United Provinces, to this Kingdom, in their Desires to advance the happy Peace, which will have so great an Influence into the future good or Evil of all professing the Protestant Religion; in particular, the High and Mighty States of the United Provinces, Whose Prosperity, as our own, we shall with all true Affection promote.
Although the desired Mediation be not hereby admitted, yet they hope the same will not seem strange to your Lordships, when you shall consider the Posture of our Affairs both at the time of their Audience, as likewise of this Answer, That the two Kingdoms were united by solemn Covenant made to Almighty God, and by League each to other, as one entire Body, to prosecute this Cause; and that in pursuance thereof, Propositions for a safe and well-grounded Peace, were then preparing in a joint way, by the Parliaments of both Kingdoms; which they believe was not unknown unto the Ambassadors at the Time of their Audience. As also when your Lordships, from what formerly hath been set forth, concerning their not acknowledging them the Two Houses of Parliament until about Six Months after their coming into this Kingdom, and from their Carriage otherwise, shall consider that they had just Cause to suspect that they did promote the Designs of the Enemies to the Parliament. For in this Particular they may well believe that that which is so notoriously known to all who do but live amongst us, was likewise known to them, That this Parliament was summoned according to the Fundamental Laws of the Realm, and made indissoluble save only by Act of Parliament, by a Law passed this Parliament with his Majesty s Consent; and when their Letters of Credence from your Lordships, which were made above Six Months before their acknowledging of the Parliament, directed (as by the Indorsement appears), To the Parliament of the Realm of England: And that as themselves declared, they were charged by your Lordships to advance the Protection of the Laws of this Kingdom, without patronizing any Act which might tend to the enfeebling or Destruction of the same. Whereas their Carriage is not acknowledging of the Parliament in so long time, in respect that those at Oxford have declared against it, did bear an Implication of doubt, whether the Laws and Statutes of this Realm were of any force, otherwise than according to the Will and Pleasure of his Majesty; this Parliament having received the first Being by the Common Laws of this Realm, and the Continuance by Act of Parliament; by which only this Kingdom is governed, and without which the whole Frame of Government would be dissolved. Neither, my Lords, could the Houses well interpret their employing of one Dillon, as one of their Secretaries, and Interpreter, who was a Papist, and suspected to have been an Irish Rebel in the present Rebellion of Ireland; and who upon all Occasions declared himself an Enemy unto the Parliament.
By their Letters from London, December 16. 1644.. Amongst other Things, speaking of the Trial of the late Archbishop of Canterbury, they say, Mean while the House of Commons is very eager to bring the Archbishop of Canterbury to his End, as we have formerly signified: And though there is no Law or Right in England, whereby his Actions that are laid to his Charge are declared High Treason, and worthy of Death; yet hath the said House now by an Order declared, that his Actions wherefore he is charged, are of so high a Nature; and therefore they did desire that the Upper House should also give their Consent to the said Ordinance. But thereupon the Lords made some Difficulty, and yet are deliberating about it: And this Day seven-night the House of Commons sent one of their Members (by Name Mr. Stroud) to the Upper House, to desire the Lords to agree with the Commons in the Business of the Archbishop of Canterbury. And when the Lords gave Answer, They had great Consideration therein, so that they must not be hastned; the said Mr. Stroud is said to have said, The People of London should come to hasten them.
The House of Peers concurred in all things with the Commons in passing this Ordinance: And it seems strange to the Houses, that Ambassadors should be so confident that they knew the Laws of this Kingdom better than the Parliament, as to charge them with Injustice in putting the Archbishop to Death: Or that they should have the House of Commons thought to have used any undue Carriage to the House of Peers by that Message, when in truth no Words in that Message, nor in any other concerning that Ordinance, could bear the Sense expressed in that Letter, nor any Sense to that Purpose.
In the same Letter is this Expression: 'And indeed we cannot but with Grief here complain, That there is here little Respect and Civility shewed to your Commissioners: We have heretofore oftentimes written that we might again return into the Low-Countries; and expect by the first Post your Highnesses Answer and Resolution.
January 6. There was also on Sunday in the Churches publickly prayed, That God would not suffer to succeed the Treaty of Peace betwixt France and Spain at Munster; nor that between Sueden and Denmark.
The Common Council of the City of London hath lately been changed; about which changing there appears no Sign of any impartialities; so that it is thought that this new-chosen Common-Council hath no better Inclination to Peace than the former.
The Common Council of the City of London, whereupon the Government of the City doth chiefly depend, is charged at least with Suspicion of Partiality and Disaffection to Peace: A heavy Charge is laid upon the Reverend and Pious Divines: Neither of the Houses have heard of such Publick Prayers, neither do they believe that any such Prayers were used by them: And therefore they leave it to your Lordship's Consideration, whether the Ambassadors had cause to send this information.
In the same Letter: A Herring-Busse belonging to the Burgmaster Colster at Rotterdam, having been taken by a Dunkirker, and again forsaken (because there came near them an English Ship, which the Dunkirker did fear to be a Dutchman) was got here again free, as soon as she was brought hither; but the Officers of the Admiralty will not now suffer her to come away, unless she pay first Custom for the Salt she carrieth; and by such dishonesty the said Buffe is already a long time stay'd.
My Lords, Whether the Ambassadors had not cause to have acknowledged a kind and good respect in taking of Custom, or Silvage only, of that Ship, rather than to have charged Dishonesty upon the Justice of the Kingdom, they shall make appear to your Lordships when they shall send unto you, their Proceedings concerning your Ships and Course of Traffick.
January 20. 1645. 'The Lower House hath caused the Chamber where they sit in, to be hanged in Tapistry, which was heretofore never so; it is said it is done, that the Lords changing their Chamber, shall come and sit in the House of Commons; and so to be both together reduced into one Body, and the better agree by Number of Votes. When heretofore the Parliament was full, then the Lords Chamber did consist of about 126 or more Votes, and the Lower House above 500 Votes; and they have always been inseveral Houses, and the one could not conclude any thing for a Resolution of the King, unless the other House did also consent; but now the King is absent, and the Upper House should now be melted into the Lower; and in the Common Assembly of about 26 Lords which are now here and some 200 Commoners, so the most Votes should Rule and Ordain all Matters: Thus much we are told, and that it tends to shun many Disputes and Hindrances which happen in their Resolutions every Day: The Lords remain constant to maintain their Right; and say, This is to take away all their Right and Prerogative, taking away their House, and so bring all the Power under the Commons.
My Lords, The Commons are charged with Endeavour of altering the Fundamentals of Parliament, by taking away the House of Peers, and melting it into the House of Commons; when as there was never any Debate in the House of Commons concerning any such Mater, nor was the same ever intended or desired by the said House. The Proceedings of Parliament are endeavoured to be blemished by the Absence of the greatest Number of the Members of both Houses; when as they might as well informed your Lordships, That above Forty of the House of Peers were Papists and Bishops; and that the Bishops by Act of Parliament, whereto his Majesty gave his Assent, are taken out of the Lords House: And that many of the Lords who formerly deserted the Parliament; yet upon due Consideration of their Error, they are returned again, though not admitted to sit. And that the House of Commons doth now consist of a far greater Number than is in that Letter mentioned; above two hundred and fifty having taken the late solemn National Covenant in the Houses, besides many that are employed other where in the Affairs of the Parliament; and that many since the beginning of this Parliament, which is almost five Years, are Dead, and none since chosen in their Places. The Houses thought good to let your Lordships know thus much, that it might not be conceived from any Expressions in this Letter, that the greatest Part of the Members of Parliament had absented themselves out of dislike of their Proceedings.
My Lords, Though the Advertisements were since the Answer to their desire of Mediation, yet the Parliament hath further Cause from thence to conceive that they were not then mistaken; as likewise from the Contents of his Majesty's Letter of the 26th of March last, sent unto the High and Mighty Lords the States-General at the Time of the Return of the Ambassadors from hence, as followeth:
High and Mighty Lords, our good Friends and Allies; by these Presents which Signior Borrel, and the Lord of Renswood, Baron of Reed, will deliver unto you, we do declare more fully the great Subject of Confidence we have taken in the Justice, and most sincere Amity you our good Friends and Ancient Allies do shew us. For though we formerly had Knowledge thereof in many Ways, yet do we now receive a stronger Satisfaction; and we acknowledge to be far more satisfied than ever heretofore with your Zeal for the good of our Person, and the true Quietness of our Kingdoms, by this your employing towards us Two so accomplished and wise Persons. And to testify the Justice of our Cause, and the Candor wherewith we proceed, we would have, and would yet gladly and willingly remit the Disposition thereof, and refer to the Judgment of those of your State, and of that of our other Allies, the Accommodation of the Differences that Trouble England and our other Realms.
The said Ambassadors have very well learned the Constitution of the Affairs here on the one and the other Part; they have behaved themselves with a singular Impartiality and Conduct, so that we ought for ever greatly to Praise them. And as at their Arrival they found us most ready to admit of their Interposition; so also at their Parting they could well discern by what they lately did in our Name propose concerning the Point of Religion, our Constancy and Passion for the Peace: And therefore we do not doubt but you will lend us a good Hand, with just Means to attain the same; that so we may he reciprocally Profitable unto you, as we here assure you of our most Hearty desire upon all Occasions and Occurrences. We wish you would be pleased to hear at large these things, and other particulars which we have intrusted to the Relation of your said Ambassadors. And thus we pray God that he keep you, High and Mighty Lords, our good Friends and Allies, in his holy and worthy Guard. Given at Oxford, March 26. 1645.
To the High and Mighty Lords, our good Friends and Allies, The States-General of the United Provinces of the Low-Countries.
My Lords, That they returned not this Answer sooner, though their Businesses were many and great, yet they would have your Lordships to conceive that they desired to Prefer none before the shewing of all due Respect to your Lordships: But they deferred it partly to see whether your Ambassadors upon further Information of themselves, would express a more Indifferent Carriage: But especially because they were unwilling to give a Denial to any Thing propounded unto them in the Name of your Lordships.
My Lords, We shall now go on: About the end of January last, the Ambassadors made shew of taking their last Leave of the Parliament; and returning again to Oxford (as was said) to do the like there, which was about the Time of the beginning of the Treaty at Uxbridge: But about the breaking up of the Treaty they returned to London; and the same Morning that the Commons sent from the Parliament, were expected in the House to give an Account of their Proceedings, which was the 24th Day of February last, the Ambassadors without any former Demand of Audience, according to the usual Course of Ambassadors, as should seem by the Manner of it, with intent to anticipate the Account of the Commissioners to the Parliament that sent them, came to the Speakers of both Houses, and pressed for a speedy Audience that Morning; which being granted, they made these Propositions concerning the Treaty, and delivered them in Writing.
'Right Honourable, We have heretofore as well particularly as in publick demonstrated the High and Mighty Lords, our Lords the States General of the United Provinces, their great Desires and sincere Endeavours they constantly continue; That in a happy hour they might see a good Accommodation betwixt the King and his Parliament, and Peace re-established in these Kingdoms.
'And your Honours by your Professions by Word of Mouth, and of late given unto us in Writing the 10th of December last past, have not only testified that the said Desires and sincere Intentions of our Lords and Superiors were very acceptable unto you; but also you added, That your Honours did judge the said Accommodation and desired Peace, did as highly concern those that make Profession of the true Protestant Religion; and in particular our Lords and Superiors.
'All these Motives suppeditated by your Honours, and our Duties, have continually wrought in us a very great Care to fix an Eye upon his Majesty's Proceedings and Yours: And now lately, upon the Conference and Treaty that at present is at hand at Uxbridge, where his Majesty's and your Commissioners labour (as we hope) with Utility to obtain so much desired Success: We must also say, That at our being at Oxford we received the Honour, that his Majesty hathordered to communicate unto us all the Passages of that Conference: And by one and the other, we have observed in the first Place, That his Majesty above all things desires an Accommodation with your Honours: And that his Majesty entirely enclines to give all manner of Content, and assurance of his Affection, in all things which are Just and Honourable.
'In the second Place, We are informed, That by the Answer to the Propositions of your Honours touching the Point of Church-Government, the Personal Excesses that may have been committed heretofore, were not to be feared for the future.
'Thirdly, That if in the Form of Government itself, and the Exercise thereof, and the Jurisdiction therein comprehended heretofore, anything was to be excepted against; your Honours can judge if that be not prevented, by means of those Offers his Majesty hath made to that End.
'And notwithstanding, Srs, we have seen that the Point of Church-Government was yet behind, and without Accommodation; wherefore we have been moved to consider more exactly how your Honours in this Point might desire any other or further Satisfaction: And we are obliged to say, That this Consideration is fallen out so well, that his Majesty hath declared; unto us, and permitted us to communicate unto you, that if your Honours are not contented with that which he hath offered by his Commissioners at Uxbridge unto yours there, that his Majesty out of Abundancy is contented that a National Synod my be called and assembled, and thereunto the Deputies of all other Protestant Churches of Europe invited for their Advice: Which Synod shall examine all that which concerns the Point of Religion in the said Government of the English Church, that might be contrary to the Word of God, whether in Part or in General; that his Majesty is contented to Correct and Redress it accordingly. And by that Means, as by a common Consent of all those that make the same Profession of Faith and Religion, to put a good End to all these present Distractions.
At this Time they knew that the Parliament had not admitted of their Interposition: They knew that both the Kingdoms were mutually engaged in the Propositions and Treaty thereupon; and that neither could admit of their Mediation, without consent of the other. But they will enforce it upon the Parliament; which if accepted, they knew might give Cause of Exception to the Kingdom of Scotland; to which Kingdom they never made any Address for their Interposition.
The Matter of the Paper carries a shew of making themselves Judges of the Propositions treated upon; and inclines the Justice and Moderation upon the whole Cause to the other side, which only they had heard.
Their Propositions likewise imply, That his Majesty hath offered that concerning Church-Government, which might in Reason have given Satisfaction: Although the Government by Bishops of this Kingdom should have been consented unto, contrary to the late Solemn and National Covenant which they knew both the Kingdoms had made and entered into: The Correction and Redress of which Government in England, is the whole Matter for which the National Synod of all the Protestant Churches in Europe is by them proposed. It is to be observed, that they propound the Correction and Redress of this Government in the English Church, by that National Synod, as a Means, by common Consent of all those that make the same Profession of Faith and Religion, to put a good End to all these present Distractions: When they are not ignorant, that this Government is not to be excercised within the Kingdom of Scotland, being wholly taken away by Act of Parliament, whereunto his Majesty hath given his Royal Assent. And that not only that Kingdom, and the Members of both Houses of Parliament here but also many Thousands of others his Majesty's Subjects of England and Ireland, stand bound by their late National Covenant to endeavour the Extirpation of the Church-Government by Bishops, intended in that Paper, both in England and Ireland, and to hinder the setting of it up again in the Kingdom of Scotland. Neither do they conceive how the continuance of any Episcopal Government in this Realm, though Moderated, should (in the Ambassadors Apprehension) cause a nearer Union with the Churches of the United Provinces of the Netherlands, or any the Neighbouring Protestant Churches; the same not being exercised in them.
And in respect that the Ambassadors knew that the Assembly of Divines which the Parliament had called, and which is assisted by Pious and Learned Divines from the Church of Scotland, had fate twelve Months and upwards, before this Proportion of theirs was made; and that they might well know that the Assembly was to advise the Parliament not only in Church-Government, but in framing a Publick Directory to be used in the Worship of God, in a Confession of Faith, and in a Catechism: These to be had and used in his Majesty's Three Kingdoms: And that they had finished some of them, and had made a great Progress into all the Rest. They cannot conceive why this Proposition for calling the National Synod by them proposed, should be made at this Time; and that only to Consider of the Redress of the present Government of the Church of England; whenas the doing thereof in this Juncture of Affairs could not but cast a Blemish upon the Proceedings of the Parliament, for desiring to advise with the Divines, and upon the Piety and Learning of the Reverend Divines of the Assembly.
Not long after the making of these Propositions, the Ambassadors again desired Audience of both Houses, and were received with the same Honours and Respects as before. That which they spake was also delivered them in Writing, as followeth:
'Right Honourable; two Things have moved our Lords and Superiors to send us their Ambassadors Extraordinary into this Kingdom; (viz.) Their Duty, and your Service. The first consisted in their Power, and in the resenting of the present Distractions: The other being altogether in your Choice to accept, if you should like of it.'
'We have long ago and divers Times spoken unto your Honours of the one and the other; as likewise unto the King, who hath honoured so much our State, as to have accepted the Offers of our Interposition; but we are still with your Honours upon the same Terms we were at the beginning, without any Certitude or Likelihood to be accepted.
'We have already obtained our Leave from the King, and have left his Majesty full of Good-will and Disposition for a just and reasonable Accommodation; likewise we parted from him well satisfied concerning the Point of the Evangelick Protestant Religion, upon the Offer he hath lately permitted us to make. And as concerning the Royal Rights or Prerogatives, the Liberties and Privileges of this Kingdom, and the Parliament, and of all the Subjects, no doubt when that his Majesty shall be satisfied, his Majesty will also satisfie every one.
'But, Sirs, we can stay no longer here, unless your Honours accept of our Interposition, without which we are useless. And from hence it is, our Lords and Superiors have Charged us in such a Case to take our Leaves, and return to our own Home. In Performance of which last Duty, we are here come before you, assuring you we shall never cease to wish unto this heretofore flourishing Kingdom, an Accommodation and Peace, which is and ever will be as Profitable as Necessary.
My Lords, It is here acknowledged that the Mediation had not been accepted, and yet they make themselves not only Mediators, but Judges, and Pronounce Sentence against both Kingdoms, as being jointly concerned, as well in the Treaty as in the War; neither being heard, nor having made any Address to the Kingdom of Scotland.
The Words of the Paper do infer, That such Acts of Injustice have been done unto his Majesty, as that he may in Justice do as he doth, until Satisfaction given; and that the Blame and Injustice lies upon the Parliament, in Respect they have not in the first Place given this Satisfaction: Whenas they knew that in the Treaty, even with his Majesty s own Consent, the Propositions concerning Religion, the Militia, and Ireland, where first to be concluded.
And truly it seems strange to us, how they should so well know either the Privileges and Proceedings of the Parliament, which they have so much mistaken in their Letters; or the Leberties of the Subject here; or come to be so well assured of his Majesty s Intentions, as to Pronounce so full a Judgment, That in this Case his Majesty will give Satisfaction: Whereas the Parliament, upon the Observation of his Majesty s Proceedings hitherto, doth not know how to give his Majesty Satisfaction, unless it be by the renouncing of the Privileges of Parliament, and Liberties of the Subject.
Soon after the Delivery of this Paper to the Houses, the same by the Direction of the Ambassadors was published in Print. And although it were spoken in the Houses, and delivered to them only in the French Language, yet it was Translated and Published by them only in English; which had the matter of that Paper concerned the Honour or Interest of their Superiors, it would not have seemed so strange unto us, as it doth in this Case, which is only for interposing between others; whenas the same, for the Reason aforesaid, could not be admitted by the one Kingdom, nor were so much as desired from the other.
This was their Farewell from us: And when the Houses knew their Intentions of repairing Home, they gave Orders that the usual Honours and Respects to Ambassadors should be done unto them; which was accordingly Performed.
My Lords; The Houses of Parliament, out of their earnest Desires to continue a right Understanding between themselves and your Lordships, have thought themselves bound to make this true Relation, as that which by the Laws of Friendship (in such a Case as this is) might justly be expected at their Hands, from so good Friends and Ancient Allies; and that by the right Knowledge of their Proceedings upon this Embassy, all cause or matter of Suspicion might be taken from your Lordships: That the Offers of that State for a Mediation, were never by them conceived unacceptable; there being no-other State in the World, to whom they had cause to give more Credit in this Case, without the least Jealousy, than unto that: And likewise that it might appear unto your Lordships, that no Actions of theirs in this Transaction (as they conceive) could give any just Occasion of laying the least Blemish upon the Sincerity of their Endeavours for the obtaining of a good and happy Peace; which is the Thing they have always most earnestly desired, and which they daily pray and labour for.
Concerning which Particular they should have thought it needless to have said any thing unto your Lordships, had not the Matter of the Two last Audiences from your Ambassadors required it: Because we cannot conceive that your Lordships should think otherwise of the Parliaments of both the Kingdoms, than that they were duly sensible of the Calamities of a Civil War; and that they could not but know that the Continuation of it, without any absolute Necessity, would most redound to the prejudice of the Subjects, and so of themselves, in respect they were to feel the Smart, and bear the Burthen of it more than others. And that your Lordships may know the better how to judge upon those Papers, and upon the whole Manner of the present Distractions and Calamities within this and his Majesty's other Kingdoms; it may be useful to acquaint your Lordships at present in Part with the Cause and Manner how they broke forth unto the present Distemper.
It is well known, that of a long time there hath been a Jesuited Design of Papists and other ill affected Persons to the Religion and Laws of these Kingdoms, to undermine, if not wholly to overthrow, the true Reformed Protestant Religion, the Laws of the Kingdom, and Liberty of the Subjects; and that the Design was far advanced long before this present Parliament: And that when former Parliaments endeavoured to apply a Cure, they were always broken. When they saw that within the Kingdom of Scotland they were not likely otherwise to prevail, they made trial of enforcing it there by open War in the Year 1638.
When they found they were not able for the present to carry it on that way, they made a Peace with Scotland, with an intent to get themselves thereby into a better Posture of War. This Treaty was broken by them, and a Parliament is summon'd in this Kingdom, to meet in April 1640. and Aid desired for renewing the War against that Kingdom. And when they had Cause to fear the Parliament would assist them in that Quarrel, the Parliament is broken, and the Warrenewed against Scotland, contrary to the Treaty. But being worsted, and the Scots Army entred this Kingdom, a Parliament is again summon'd to meet in November following. The Parliament, though the War was undertaken for the Purposes, and in the Manner as is before expressed, yet out of their earnest Desires of his Majesty's Happiness, and of the Peace of his Kingdoms, they took upon themselves the Payment of both the Armies, and gave their best Assistance to compose the Differences: Both which, by the Blessing of God were accordingly performed.
During the time of this Treaty, and notwithstanding the Payment of both the Armies by the Parliament, yet under-hand Messages were sent, and Means used to have engaged both the Armies against the Parliament; and for the bringing them from the Northern Parts nearer London for that End. Their Endeavours therein with the English Army was prevented by a timely Discovery; and their Hopes from the Scots Army were frustrated by their denial of the great Offers with Disdain, which were made to them for that Purpose. And when they saw that the Brotherly Respects from each Kingdom to the other, had begot a Union, and were out of hope that the Parliament of England would submit to the Design, and that the Parliament could not be dissolved, but by its own Consent, they prosecute the Design by open Force in the Kingdom of Ireland, to the Destruction of the greatest part of the Poor innocent Protestants there: And after Countenance given to the Rebels there, they procured his Majesty to come into the House of Commons then fitting, with Armed Men, to take away by Force Five of their Members; whereof failing, in regard that those Persons were not then there, they afterwards declared against the Parliament of England by open War. And when the Kingdom of Scotland appeared with them in the Cause, they made use of the Irish Rebels, and the Papists, and Prelatical Party, against the Parliaments of both Kingdoms; and likewise of divers Persons accused in Parliament of high and great Crimes, long before this War.
When both Kingdoms had from hence, and otherwise, cause to believe that the Plotters and Fomenters of this Design could not in likelihood, by any Successes, be removed from their Purposes, the Parliaments of both Kingdoms held it necessary, That the Subjects of his Majesty's Three Kingdoms should enter into the National Covenant before-mention'd; wherein the Sincerity of their Intentions is expressed.
For which Cause they have herewithal sent it unto your Lordships; as also that your Lordships may hereby understand, That they are resolved, by the Assistance of Almighty God, never to desert or abandon this Cause, out of any Worldly Respects whatsoever.
By this short Relation, the constant Resolutions and unwearied Endeavours of the Enemies of both Kingdoms will appear unto your Lordships, that when they could not after much Labour and Time spent, effect their Desires under Pretence of Law, that they attempted them above Seven Years since by open War; which had almost ever since been by them continued in some of his Majesty's Dominions, until within these Eight Years it hath been brought into and continued in them all. And thence your Lordships may have Cause to consider, whether the Parliaments of both Kingdoms have any other Way or Means left them for procuring of a Peace, other than the laying down of their Arms, and submitting themselves upon such Terms as those Persons will yield them: And whether the fomenting and cherishing of the Irish Rebellion, and the employing of those Rebels, the Papists and the Persons accused, may be relyed on as the Means to preserve the Protestant Religion, and Laws of the Kingdom, as is pretended by them. And likewise, in Case they should prevail within these Kingdoms, what may be expected by others who desire to continue the Maintenance of the Protestant Religion, and the Laws of their Country, from the Example of the Innocent Protestants in Ireland, who had never given the least Cause of Provocation, either by way of Opposition, or otherwise.
My Lords, The House would not have your Lordships think that they have made this short Relation, as that which should fully set before you the whole Cause and Matter of the Quarrel; which for the clearer Satisfaction of your Lordships and of the World, concerning the justness of their Cause, and the Necessity and Manner of their defending it, they refer unto a further time; and likewise the Proceedings upon the late Treaty of Peace at Uxbridge: But have done it only as in Relation to your Embassy, and to the Matter of the Two last Papers of your Ambassadors; whereby the Continuation of the present Distractions seems to be laid at the Doors of the Houses of Parliaments of both Kingdoms.
My Lords, The Parliaments doth rest most assured, That God in his good Time will clear their Integrity in this Cause to all the World, as he hath already done in a great Measure to all who have been Impartial Beholders of their Actions. They have sent this Declaration out of their Desires that they may likewise stand right in the Judgment and Opinion of your Lordships therein, and in what concerns their Reception of your Embassy.
Die Sabbathi 5 Augusti, 1645,
It is this Day Ordered by the Commons Assembled in Parliament, That the Declaration setting forth the Transactions between the Parliament and the States Ambassadors, be forthwith Printed; and that it be referred to the Committee of both Kingdoms, to take Care of the Printing hereof.
A Second Declaration of the Lords and Commons assembled in Parliament, of the whole Proceedings with the late Extraordinary Ambassadors from the High and Mighty Lords, the States General of the United Provinces; concerning Restitution of Ships and the Course of Trade.
The Lords and Commons assembled in the High Court of Parliament of England, having not long since dispatched unto you, Most High and Mighty Lords, a Narrative of the Proceedings upon the late Embassy from your Lordships, in Point of Interposition between the King and the Parliament, the Supreme Judicature and Representative Body of this Kingdom, are confident that your Lordships remain most fully possessed of our real Intentions for a good Accommodation and Re-establishment of this present distressed and distracted Kingdom, in a blessed Peace. Nor do these Desires of ours bound themselves here at Home; but it is well known (we hope) unto your Lordships, with what reality of sincere Affection we endeavour to maintain all good Correspondency and Amity with your Lordships and the United Provinces, according to Antient and Modern Treaties and Alliances; as also with what readiness we have always upon all Occasions inclined to Administer Justice towards you and yours.
Yet left any evil-affected Persons, engaged either by private Passions and Respects, or out of other sinister Intentions or private Interests, should labour to sow the Seed of Division or Misunderstanding between us, by Reason of some Obstructions of late in Trade and Commerce, and according to our Engagement and Promise by the former Narration:
My Lords; We finding that divers in Rebellion in these Kingdoms of Great Britain and Ireland, had possessed themselves of divers Maritime Towns and Ports of the said Kingdoms; and that under pretence of Trade and Commerce, great Quantities of Ordnance, Arms, and other Warlike Ammunition, with Victuals, and Contraband Goods of all sorts and kinds, were frequently carried into those Parts, to the strengthning of the said Rebels, and lengthning of their unnatural Rebellion, and this destructive Civil War, did by our Publick Edict or Ordinance, bearing Date the last Day of November, 1643. prohibit all Trade and Traffick into certain Ports of these Kingdoms, then and yet in Rebellion and Defection to the King and Parliament, under Penalty of Confiscation.
My Lords, Your Ambassadors having in the Month of July, 1644. Audience in both Houses of Parliament, with their Offers of Mediation, presented likewise a Paper, entituled, Ships, Merchandizes and other Goods, of which the High and Mighty Lords, the States General of the United Provinces of the Netherlands, demand by their Ambassadors the due Restitution and Payment of all Damages and Interests. And in the beginning of August sent to the Speakers of both the Houses of Parliament, a Second Paper of Demands, entituled, Continuation: Other Ships, Merchandizes, and Goods, whereof the Ambassadors of the United Provinces demand Restitution, and Payment of Damages. And in the Close of that second Paper, made a Demand in these Words following:
That the Parliament would please to give Letters of License or Passport to Thomas Cave and Edward Man, dwelling at Amsterdam, to withdraw their Merchandize and Goods which were then in the Town of Exeter, bought long since by their Order, and for their Account; and that they might lade them in a Ship, and carry them thence. And that the like License and Liberty be granted to all the Subjects and Inhabitants of the United Provinces (being desired) for the future.
Upon Receit of these Demands, we did with all Reality and Readiness appoint a select Committee of the Lords and Commons of both Houses, with full Power and Commission to consider thereof, and to Treat with your Lordships Ambassadors touching the Complaints of Damages, and Matters aforesaid. Hereupon several Conferences were by that Committee had with your Ambassadors; and after several Debates, the Demands concerning Restitution of Ships and Damages, were found by their Lordships own distinction, to be of these two several Natures; either concerning the Publick Interest of your State, or the private Interest of particular Persons.
Under the first Head they reduced only Four Ships: The Utrecht, Captain Kirkhove: The Thomas Bonaventure, Thomas Sharper Master: The Paul, Master William Smicts: And the Golden Parrot, Master, Ditliffe Muller.
This Ship Utrecht, as was affirmed by your said Ambassadors, was a Frigat belonging to the States-General, and by Order of the Council of the Admiralty of Rotterdam, appointed to go Northward for the Guard and Convoy of their Fishermen: But the Ships in our Service meeting with her at Sea, upon Examination, found on Board her one Colonel Ogle, a Man in Rebellion, and very active against the Parliament, and other Passengers, with Seventy Barrels of Powder, and Merchandize, to be carried to the Port of Scarborough, then held out by the Rebels against the Parliament; and had Aboard her divers Letters directed to the Marquess of Newcastle, Sir Hugh Cholmly, and other Persons in Arms against the Parliament. Although this Action in itself was most inconsistent with the Condition we then were in, and the same acknowledged by your Ambassadors, and the Laders were imprisoned and punished by your State for that Offence; yet being most willing to continue the Ancient Friendship and Amity, or rather to oblige both States in a stronger Alliance; upon the bare Affirmation of your Ambassadors, That the Conveyance of these Rebels and Ammunition in that Ship, was a Matter covertly transacted by the Captain and Company of the Utrecht, without the least Knowledge of the State, were most ready to give Credit thereunto: And thereupon gave Power to that Committee to pass an Order for her Discharge; which was accordingly affected: Which Order was as followeth:
Committee of the Lords and Commons appointed to treat with the States Ambassadors.
'We conceive that no Man will deny, that a Ship carrying Powder and other Munition to a Port in Hostility to this State, not only the Munition, but the Ship itself is by Law confiscated: Yet forasmuch as Their Lordships have upon their Honours affirmed (which is held in great Esteem by this Committee), That the Ship Utrecht is a Ship of War immediately belonging to their State: And that the Powder, Merchandize, and Letters found in her, were laden on Board that Ship by a false and counterfeit Pass, and without the Knowledge of that State; and the Laders thereof have been imprisoned and punished for that Offence: This Committee, in farther Testimony of their great Desire to maintain all good Correspondence with those from whom they are sent, and the good Amity between this Kingdom and State, are well content the said Ship with her Tackle and Furniture be restored.
The next Three Ships in order were, The Thomas Bonaventure, with her Lading of Coals; the Golden Parrot, with her Lading of Coals; and the Paul, with her Lading of Corn: Of which Ships with their Lading, your Ambassadors demanded Restitution; for they were taken by the Ships in the Service of the Parliament, within the Buoys and Jurisdiction of that State.
The first of these Ships, the Thomas Bonaventure, upon Proof appeared to be a Ship of Newcastle, taken by the Ships in our Service as she was coming with her Lading of Coals from Newcastle, then in the height of Hostility and Rebellion: These Coals, upon Proof, appeared to have been laden by Sir John Marley, the then Mayor of Newcastle, to be sold, and the Return to be made him in Powder, Arms, and Ammunition: The Master, Thomas Sharper, a known Incendiary, and very active against the Parliament; against whom we had just Cause to have proceeded upon a Charge of high Misdemeanors, to have brought him to exemplary condign Punishment.
The second of these Three, the Golden Parrot, upon proof, was found to have carried from Dunkirk Saddles, Match, and Bandaliers, for Newcastle, then in Rebellion; and returning with the Proceed of the same in Coals, was taken and condemned for good Prize, and sold Two Months before this Demand.
The last of these Ships, the Paul, was taken laden with Corn to be carried to Dublin, since the pretended Cessation there; and had a Pass from the Earl of Ormond, one of the chief Rebels of that Kingdom; and therefore was taken and brought in as Prize, though since discharged.
My Lords; we doubt not but that the bare repeating of the several Cases of these Three Ships, doth give Satisfaction to your Lordships in point of Judgment, That they with their Lading were lawfully taken, and might as justly have been detained: And it did at first seem something strange to us, that your Ambassadors should interest themselves in the Ships, Goods, and Persons of Men in Rebellion against the Parliament. But because they affirmed that those Three Ships were taken in Places within the Buoys of that State, and represented the same as an Infringement to the Liberties, and Derogation to the Honour of that State; although it appeared by your own written Laws, then produced to your Ambassadors, That the taking of those Ships and Goods in those Places, did not render them no Prize; but was only a Personal Offence in the Taker to your State, for which he had received Punishment in your State: Yet we being unwilling to allow of any Act that might in the least manner prejudice either the Honour or Interest of that State, our Ancient Friends and Allies, and to Demonstrate how careful we were in all Things to a good Compliance, not only yielding to Restitution of those Three Ships, with Damages, but also, out of special Respects unto their Lordships, caused the said Mr. Tho. Sharper to be released out of Prison where he lay, and his Person delivered up to their Lordships for their Disposal.
'And as to the Golden Faulcon, or Parrot, we find the Ship and her Lading disposed of, and sold, according to the Judgment of the Admiralty-Court; wherefore we are contented to restore the Value of the Ship and Goods, with Damages: We expecting to receive the like Satisfaction from that State, in Cases of the like Nature.
But your Ambassadors, not willing to receive Contentment by this so clear Answer, held the Committee in dispute many Weeks, to the great Obstruction of the more publick Affairs of this Kingdom, pressed for a further Answer; which the Committee among other Things delivered them, Sept. 23. 1644.
'The Committee doth now further add concerning the said Ship the Paul, That it is already agreed, the 30th of August, 1644, upon Debate then had between the said Lords Ambassadors, and the said Committee, That the Damage for the Ship, the Paul, is to be made appear by Proofs in the Court of Admiralty, to be transmitted to this Committee, and here adjudged; which this Committee doth now de Novo assent unto, that it shall be performed. And for the said Ship the Golden Faulcon, alias the Parrot, and her Lading, which are already sold away and gone, they are, as formerly they were, contented to restore the Value of the said Ship and Goods, with Damages; the Value and Damages to be made appear by Proofs to be made and taken in the said Court of Admiralty, to be transmitted to this Committee, and here adjudged. And they further add, That the Damages, if any be, which must be satisfied for the Goods in the Tho. Bonaventure, must likewise be made appear by Proofs made and taken in the said Court of Admiralty, and transmitted to this Committee and here adjudged.
Not withstanding these several Answers inviting your Ambassadors to enable us to do them Justice, yet to this Day there hath not been any Proofs, made of the Value and Damages pretended in any the Ships aforesaid, whereby we might make Satisfaction accordingly.
My Lords; By what is here faithfully set down to have been transacted, touching the Restitution of those Ships suggested to be belonging to that your State; your Lordships upon Consideration of all the Circumstances, may clearly see how extraordinary our Compliance hath been therein, and truly such wherewith we hoped to have greatly Merited of your Lordships, and have given full Contentment and Satisfaction to the Desires of your Ambassadors: But contrary to our Expectation, they (as though they intended nothing more than to beget Disputes and Differences presented certain Notes or Papers of Damages delivered unto them by the interessed Complainants; and insist, That Damages must be Liquidated, and Satisfaction given, according to the Demands in those Papers, and that without further Proof or Dispute.
These Papers our Committee, according to our former Resolutions, desire to refer to the High Court of Admiralty of this Kingdom, there to receive a Legal Proof, that all Parties interessed might be heard to the same. This, though most Reasonable and Consonant to the Rules of Justice, and Practice of all Countries, was by them utterly Refused and Denied, and thereupon Protestations made by them against us.
My Lords; Having in several Meetings spent many Weeks for the Transacting the Business concerning the four formerShips, suggested to belong to that your State; we proceed to the Consideration of those Ships and Goods that concerned the Private Interest of particular Men: Where in the first Place your Ambassadors demanded Restitution of the Tyger of Rotterdam, with her Lading, affirming her to belong to one Martin de Reuz, and Partners, all Natural-born Dutchmen; and offered to Produce some Writings signed in Holland, to prove the same: Whereupon that Committee intending nothing more than to give all manner of Satisfaction, did cause the Officers of the Admiralty-Court of this Kingdom to attend them at their next Meeting; who in their Lordships Presence Produced the Record of the Proceeding in that Cause; by which it did evidently appear, That by the Judicial Proceedings of that Court, all Favour had been shewed unto those of your Subjects who made the least Colourable Pretence to the Ship, or for any of the Goods belonging to your State: And the Remainder, by pregnant Proof of Witnesses upon Oath, were condemned as belonging to Ford and Others, Subjects of this Kingdom, Men very active against the Parliament. But their Lordships not willing to receive Satisfaction therein, did with some Passion inveigh against the Proceedings of that Court, and pressed somewhat affectionately for a further Auswer in writing; which at their next Meeting, viz. 18. Sept. 1644. was accordingly delivered in hæc verba:
An Answer to the Demand of the Lords Ambassadors from the High and Mighty Lords, the States-General of the United Provinces of the Netherlands, of Restitution of the Ship the Tyger of Rotterdam, with her Goods and Lading.
First, That this is the Fifth particular Ship and Goods, upon which the Treaty hath been between their Lordships and the Committee of Lords and Commons; and that all the Four former Ships and their Ladings, by the Consent of the said Committee, out of the Desire of the said Committee to comply with the said Lords Ambassadors, especially for that all the said Four were wholly of Publick Interest, have been and are to be restored, according to their Desire; and that they shall be as forward to agree to the restoring of the Tyger and all her Lading, although this be of private Interest, as their Lordships Desire is, when they shall find just Cause.
'Secondly, That the said Ship, and so much of the Goods as the Master of her, Cornelius Leinderson Valk, would take his Oath were his, and so much of the Goods as were claimed by him, and sworn by him to be the Goods of any Hollander, were ordered to be restored in the Court of Admiralty, without any further Proof, and without naming any Hollander, whose the said Goods were.
Thirdly, that all the remainder of the Goods were proved in the Court of Admiralty to be the Goods of Mr. Yard, Mr. Ford, Mr. Baynam, Englishmen: First, By the Deposition upon Oath of the said Cornelius Leinderson Valk taken first by the Lord High Admiral of England, and afterwards by the Judge of the Court of Admiralty. Secondly, By the Acknowledgment of the said Mr. Cornelius Leinderson Valk, after his said Examinations upon Oath, to John Isaac, Servant to the said Mr. Ford, That the said Goods were laden for them at Rotterdam, consigned to them at Dartmouth: To which Acknowledgment the said John Isaac hath deposed upon Oath in the said Court.
Thirdly, By divers other concurring Evidences deposed of in the said Court by the said John Isaac, to be by him written and sent to Rotterdam, to Richard Ford, Brother of the said Mr. Ford; and by a Letter sent from the said Baynam to the Earl of Newcastle.
Fourthly, Whereas the Lords Ambassadors object, That the said Proceedings in the Admiralty were Illegal, because no Citation proceeded, no Adverse Party was first called: We Answer, A Citation, per Edictum, to call all Parties whatsoever, interessed in the said Ship and Goods, was set up publickly upon the Exchange, the 21st Day of May, 1644. the Place for their Appearance named in the said Citation; the said Citation was there returned, and accordingly all such Parties publickly called; and no Body appearing to make Claim to any of the said Goods, they were all condemned the Fourth of June following, and not before; so as Fourteen days were between the Citation and Sentence; and this hath been the usual Course of Proceedings in that Court in such Cases, and is as we conceive most Legal, and the usual Course of all Courts of the Admiralty of Holland, or elsewhere in the Christian World.
'Fifthly, Whereas their Lordships have offered to shew some Papers, (viz.) Invoices, Bills of Lading, Polices of Assurance, and some Acts of Court, and Entries of the Custom-house, and other Proceedings at Rotterdam, or elsewhere in Holland, whereby it may appear (as their Lordships say), That all the said Goods belong to Martin de Reuz, and Company, all Hollanders: The said Committee still desiring to shew their extraordinary Forwardness to all good Compliance with their Lordships, notwithstanding the said Goods are already, upon sufficient Proof legally adjudged, are contented the Matter to be re-examined in the said Court of Admiralty, between the said de Reuz and Company of the one Party, and the Takers on the other Party; and all the said Papers there exhibited in the presence of the Takers of the said Ship, who are to have Power to object against them if they can; and that such further Proofs be there made, and Examinations taken, as either Party may legally desire: And after all this done, all to be transmitted to the said Committee, by them to be debated and adjudged according to Right.
'Sixthly, Whereas their Lordships did at their last Meeting with the said Committee make Expressions, that they expected that the said Papers should be accepted of for full Proof, without further Examination of the Business here; and thereupon did offer to protest against the Proceedings of the said Committee, if they should not presently agree to the Restitution of the said Goods: The said Committee doth hold these Demands to be most unreasonable, and no Ways to be yielded unto; and do not doubt but their Proceedings will be justifiable to all Persons whatsoever, against all such Protestations.
My Lords; We shall now appeal to your Lordship's Judgments, with what Tenderness and Favour in relation to your State, that Court proceeded upon the Ship, and such of the Goods as were claimed under the least Pretence of belonging to any of yours; and what unanswerable Proof they had for Condemnation of the Remainder (with what Confidence claimed by your Ambassadors) : Yet to give further Manifestation of all possible Compliance upon your Ambassadors pressing Importunities, and the Petition of Martin de Reuz, and Company, claiming Property in the same, we were contented to let them have the said Goods at Fifteen hundred Pounds under their true Value; upon this Assurance, That they would prosecute their Claim in the Admiralty-Court, and make their Title and Propriety there appear: Which hath not hitherto been effected, nor hear weany further of their Proceedings in this Case; so that this State are so much clear Losers by that Business.
From this Ship your Ambassadors would have proceeded to the rest: But our Committee taking Notice of the great Expence of Time in the Debate of the Tyger and her Lading, and computing by that Rule how many Months would be necessarily spent in the rest, represented the same unto both Houses of Parliament. At this time, my Lords, we were engaged in very weighty Affairs, not only concerning the very Being of these Kingdoms, but also the flourishing of the Evangelick Protestant Religion both in this Kingdom and other Foreign States, (wherein your Lordships and the State had not the least Interest), and upon these weighty Occasions requiring the continual Attendance of all our Members, thought it not reasonable to lay aside these our great Affairs (which we might have done) to have taken up the others into particular Examination. And while this Matter was under Consideration your Ambassadors, by a Paper dated the 12th of December, sent unto both Houses Complaint, They could not hitherto obtain Justice: The contrary whereof, by what hath been hereby represented, we hope your Lordships are fully assured.
We therefore, on the former sense of our Affairs, and seeing there was so natural and speedy a way for the receiving of Justice in the Admiralty Court, where the Demands had received some Proceedings, returned them our Answer; That we hold it fit that the Parties Complainants should have free liberty to prosecute their Interests in the High Court of Admiralty in this Kingdom, for such as had not been before that time sentenced; or by way of Appeal for such as had been adjudged there. In which Courts we should have taken Care for Right to be done them with all Expedition. The Parliament still reserving and engaging themselves by Promise to supply any Defects of Justice in any the said Courts, upon further Treaty thereon with your Ambassador; the Equity of which Course and Form of Proceedings, we shall not need here to insist on, it being observed by your Lordships, and all other States and Republicks in Europe.
And as we thus endeavoured by all Means both Just and Honourable, the removing of Obstruction, and clearing all Misunderstandings for the time past, so no less careful were we for the maintenance of Amity and a good Correspondence for the time to come: And thereupon taking into Consideration your Ambassadors Desires of free License to the Merchants of your State, for the Withdrawing of their Goods from the Parts and places under the Power of the Enemy in Rebellion against the Parliament did by a Publick Declaration, dated the 30th of August, 1644. provide, That notwithstanding our former Ordinance, it should and might be lawful to and for any Foreigner or Stranger, Subject to any Prince or State in Amity with his Majesty, with such and so many Ships or other Vessels as should be needful to sail or go unto the Ports or Harbours of Exeter, Bristol, Falmouth, Topsham, or any other Port or Place in this Kingdom of England, in Defection from the King and Parliament; and from thence by all lawful Means and Ways to withdraw, transport, and carry away their Goods and Estates. Which Advantage notwithstanding, at the same time by that Declaration we denied to the best-affected Subjects of this Kingdom.
My Lords, This Declaration was printed and sent, unto their Lordships; who not contented with that Freedom, though granted upon (and full unto) their own Demands, make new Desires, as from your Lordships, for an absolute Free Trade and Commerce. We still persisting in our constant Resolutions in all Things to correspond, resumed the Matter into Consideration: But in regard of the Weight and great Consequence thereof, have not yet given any Resolutions or Conclusions; which we hope in some short time so to do, as may give Satisfaction to your Lordships and all the World.
My Lords, Since the Conclusion of the whole former Negotiation, your Lordship's Ambassador in Ordinary, Sir Albertus Joachimi, at an Audience in both Houses of Parliament, on the 2d of May last, did by express Order from your Lordships, as he affirmed, represent unto us your good Affections to the Prosperity of this Kingdom; whereof, as we have ever been fully assured, so we shall never cease to set a very high Esteem both on yourselves and it. At that time he likewise acknowledged, That true it was, some Ships formerly demanded by the late Extraordinary Embassy, were discharged, but not restored in the State they were when they were taken; and upon the whole desired, That the Ships and Goods taken, and yet detained, might be restored; and all interessed by Reason of the said taking and detaining, might be indemnized of all Expences, Damages, and Interests, which they have suffered and shall suffer.
This we having taken into our serious Consideration, and upon perusal fear that our Proceedings have not been truly represented to your Lordships by your Extraordinary Ambassadors; but hope that upon your Lordships View of the aforegoing Passages, you will be most abundantly satisfied, That nothing hath at any time been wanting on our Parts fairly to answer these Demands in all the Particulars; but the Fault must wholly rest on the Complainants, in being wanting to themselves, when Means and Ways of Redress were and still are offered; with this our further Protestation, That if we knew any such Expedient for their Relief and Dispatch, we should most readily condescend thereunto.
My Lords; In Sum, The Utrecht, though bound with Ammunition to an Enemy's Port, is restored: The Thomas Bonaventure, though belonging to Persons in Rebellion; The Golden Parrot, though having furnished the Enemies with Arms; The Paul, though going with Corn for their Assistance, are all assented to be restored, or the Value of them, with Damages legally proved: The Master of the Thomas Bonaventure released: The Goods of the Tyger delivered to the Claimers, though Fifteen hundred Pounds loss accrue thereby to this State, and themselves never so much as endeavoured to make good their Claim to this Day: All other Demands put into a Legal way for a Relief in a Court of Justice, would your Ambassadors have acknowledged the Courts of Justice, under the Power of the Parliament, which they from time to time refused, though to the Prejudice of their own Claims, and Parties interested. But, my Lords, we must tell you, That the Men who have traded in the Enemies Ports, have added Fuel to our Intestine Fire; and should your Lordships by your Wisdom prevent them for the future, it may with God's Blessing, be a Means much conducing to the Re-establishment of Peace amongst us.
My Lords, Having thus cleared all Things that concerned your Lordships or your State, in the Point of Restitution of your Ships or Goods, and of Free Trade; It is most reasonable for us to reflect upon ourselves, and the well-affected Merchants of Great Britain and Ireland, adhering to the Parliament; who all this while, and long before, have and still continue languishing, by Damages and Wrongs done them by the Subjects of your State. The Claims of this nature our Committee did receive from the Parties Complainants, (Copies whereof are hereunto annexed,) and by our Order delivered the same to their Lordships the Extraordinary Ambassadors, who returned this Answer, That they had no Power to treat upon the same, but would represent to your Lordships their Masters and Superiors.
My Lords, We shall not inform you to how vast a Sum these our Claims amount; they will sufficiently speak for themselves: We shall only say this, That as in all Causes concerning your State, we have taken special Care for Justice to be impartially administred with Dispatch; so we desire (yea, we are confident) that your Lordships will take the said Complaints of Wrongs done unto the Subjects of these Kingdoms by yours, into your serious and speedy Consideration, and administer them equal Justice and Proceedings to the World: So will it more and more oblige this our Nation to continue and perpetuate the most necessary and indissolvable Bond of Union and Amity between us.
An Abstract of the particular Complaints from divers of the English Nation, Subjects of this Kingdom, of the Injuries, Wrongs, and Damages, done unto them by the Subjects of the United Provinces: Which Complaints have been, according to several Orders of the Houses of Parliament, presented to the Committee of Lords and Commons of Parliament, appointed to treat with the States Ambassadors, touching detaining of Ships and Goods: For all which Wrongs and Damages, it is demanded in the Names of the Lords and Commons of the Parliament of England, That due Restitution and Satisfaction be made, according to the several Petitions.
William Courteen, Esq; That his Ship the Bona Esperance of London, being laden with the said Courteen's Goods, and with certain other Goods and Monies of the Portugals, (with whom the said States had proclaimed Peace in India with Drum and Trumpet, according to the Agreement made long before between the King of Portugal, and the said States here in Europe) was upon the 26th of June 1643. sailing upon her Voyage from Goa to China, in the Streights of Malaca, assaulted by Two Ships belonging to the Dutch East-India Company; and after a bloody Fight, and divers of the Company of the said Bona Esperance slain, she and all her said Lading and Goods were seized upon by the said Assaulters to their own Use, and the Men in her most inhumanely used: Which Ship might else have returned into England, and might have been worth to the Petitioner at least 60000l.
Robert Moulton of Redriff, Clench of Ipswich, Gosnal of Ipswich, Chaplayn of Ipswich, and some others, all Owners of the said Ship the Bona Esperance, make the same Complaint for the Loss of their Ship, the Value of the Ship Five Thousand Pounds, and for the Loss of their Fraight, which comes to 5000 l. more.
William Pennoyer, and Richard Hill, both of London, Merchants; That according to an Agreement made by them with the Committee of Lordsand Commons in Parliament, for the Safety of the Kingdom, the 27th of December1642 they bought for the Service of the Parliament in the Territory of Liege, a Parcel of Arms, which they brought down in the Vessels into the Port of Dunkirk, in July1643, from thence to be transported into England; but the then Admiral of the States Fleet, Minhier d' Wit, then riding before Dunkirk, being informed of the Premises, refused to let them pass, but threatned to take or sink them, if they offered; notwithstanding Letters delivered to him from the Lord Admiral of England, to the said Admiral of the States Fleet, to procure their free Passage; avowing the Arms to be for the Use of the Parliament. After this the Lord Admiral of England writ other Letters to the same Purpose to Sir Haperson Trumpe, then Admiral of the States Fleet lying before Dunkirk, to procure the free Passage of the said Arms, but could by no Means effect it; but quite contrary to the Desire of the said Lord Admiral of England, the said Arms then laden in two Free English Bottoms, and bound for London, were taken by the said Sir Haperson Trumpe, about the 16th of May last, and sent into Zealand, and there detained, notwithstanding the House of Commons by their Letters, and Agent, and the Committee of Parliament of both Kingdoms, declared to the States-General, and to the States of Zealand, that the said Arms were bought as aforesaid for the Service of this Kingdom. The Value of the Arms 8000 l. The Charges occasion'd by the Stay of them 1500 l. The Interest Mony 700 l.
Vincent de la Barre, of London, in behalf of himself and Company: That about July1639, their Ship the Black Buck of London, being then near the Isle of Maderas, failing towards the Canaries, was in a Hostile manner assaulted, and forcibly taken and carried away by Captain Henrick Claessen Swaert, and Company, being all Dutchmen, in a Ship called the Hope of Amsterdam; and notwithstanding they have both by Legal Proceedings in Holland, and by several Intercessions from and by this State, done their best Endeavours, and used their best Means, yet have they received no Restitution at all: The Loss amounting to 12000 l.
'Captain Whetstone: That about February last, 1643. he having taken at Sea, (viz.) within the Buoys near the Brill, but out of Command of any Ship or Fort of the States, a Scarborough Ship, called the Margery, Master 'William Cooper; which Ship sailed from Scarborough, bound for Rotterdam, 'laden with Lead, Cloth, Sheep-skins, and some Money: After they had taken her, Two Holland Men of War, ordered by the Dutch Admiral VanTrumpe so to do, took the Prize-Ship from Captain Whetstone, carried his Ship the Cygnet into the Brill-Peer, and there took his Sails from the Yard, and carried away the Rudder: After Two Months Trouble and Attendance, the Cygnet was discharged without any Satisfaction at all for the Prize; the Value whereof was 6000l.
Captain Zachery: That about the beginning of March last, 1643. heriding with his Ship at the Fly in Holland, and having before taken Two 'English Prizes, (viz.) one whose Captain was Hickson, which came from Scarborough, and was bound for Amsterdam, laden with Cloth, Lead, Wools, and some Moneys, all to the Value of 7000/. ; the other a Ketch laden with Ammunition, bound for Scarborough, from which Portshe first came, to the Value of 50/. was surprized by Three States Men of War, Captain John Vanger being Commander of them all; who shot Forty Pieces of Ordnance at him, and commanded him aboard their Ships, and took his Sails from his Yards, and carried them ashore to the Fly, and carried him to Amsterdam, and there kept him close Prisoner Eleven Weeks, 'without Restitution of the said Prizes, or any Part of them.
The Town of Yarmouth: That the 2d of July last, 1644. Three States Men of War gave Chase to one Peter Carline, Captain of a Dunkirker, and drove the said Frigat into the Haven of Yarmouth, and followed them into the said Haven, and there made several Shots at the said Frigat, and killed Two of her Men, and wounded more; and divers of the Shot coming on Shore, killed one of the Townsmen of Yarmouth, and like to have spoiled many more; and after this boarded the said Vessel in the said Haven, and carried her with her Commander, and all his Company into the Road of Yarmouth; where she was afterwards rescued by one of the Parliaments Ships, being at that time in the said Road, with some Help from the said Town.
'Ann Powlet, Widow of Robert Powlet, Gent. That in Jan. 1644 the said Robert Powlet and his Partners were Pyratically robb'd of a Ship called the Dove of Minhead, and also of a Portugal Prize, with Store of rich Goods, by one Captain Cornelius Skint, in a Ship called the Peter of Rotterdam, and carried thither, and there disposed. And notwithstanding the said Robert Powlet used his best Endeavours both by Legal Proceedings, and by Intercession of Agents of this State, in his Majesty's Name and otherwise, yet no Restitution and Satisfaction can be obtained.
'Roger North, Esq; That one Henry Jacobson dying in Flushing, and being indebted to him the said North, he commenced a Suit against the Widow of the said Jacobson, before the Magistrates of Flushing, and there appeared due to him 210/. 15 s. and 7 d. which Sum was brought in before the said Magistrates; but before the said North could obtain the said Money, the Bayliff of the Prince of Orange arrested the same, and keepeth the same from the said North, upon this only Pretence, That the said Henry Jacobson dying Intestate, the said Money belonged to the said Prince; and so it was by the said Magistrates sentenced.
'The Merchants of Dover: That in September 1644. a Bark called the Fortune of Dover, Lawrence Brown Master, having taken in her full Lading of Piece Goods at Ostend, to be delivered at Dover, the said Ship and Goods coming from Ostend with the safe Conduct of a Convoy-Ship of this State, was notwithstanding surprized at Sea, by a Ship of the States of Holland, whereof Adrian Galrice was Commander, and carried to Rotterdam, where the said Ship, Goods, and her Mariners remain without Restitution; although the Lord High Admiral of England, making Complaint thereof to your Lordships, received Answer, That you would write effectually to the States of Holland, that Satisfaction might be given to content: Yet are the Mariners there imprisoned, and threatned to continue so; unless they will affirm the Ship and Goods to belong to Flemings, and promised Reward if they will so affirm. The Value of the Ship and Goods is 15000l. and Damages 2000 l.
'John Marston, of London, Merchant: That upon the 26th of September, 1639. there was riding at Anchor in the Road of Margaret, within Musquet-shot of the Fort there, Two English Ketches, Masters Roger Joyner and Sturgeon, both freighted by Order of the said Marston, with Spaniards; and about Twelve a-Clock of the same Day, there came into the same 'Road a Frigat or Ship of War, belonging to the States, Captain Peter Johnson of Rotterdam, having the King of England's Ensign on the Poop, the Union-Flag on the Boldsprit-end, and a Pendant on the Main Mastend; and being within Pistol-shot of the said Ketches, did then and there discharge two Musquets, and forthwith boarded them; and having entred his Men, weighed their Anchors, and did violently carry the said Ketches and Soldiers aboard his own Ship, and that Night set fail for Zealand. The Damage sustained thereby by the said Marston, is valued at 1600 l.
James Gibbons Merchant-Adventurer: That in November 1637. there came consigned unto him from London to Roterdam, in the Elizabeth of London, William Adkinson Master, one Pack containing 17 English Coloured Cloths, which being arrived, were truly entred in the Custom-house: And there was in the Ship another Pack directed to one Robert Velthusen, a Merchant of Roterdam; who having secretly unladen the same by Night out of the said Ship, to defraud the State of their Due, the Ship-Master was there upon accused by the Advocate Fiscal in the Court of Admiralty, and by Sentence of Court condemned in the Forfeiture thereunto belonging After which the said Council did take the said Gibbons's Pack out of the said Ship instead of the said Velthusen's, and caused the same to be sold with great Loss, without hearing the said Gibbons; nor could the said Gibbons ever since procure Restitution of the same.
John Wood of London, Merchant: That he having this last Year set out for the Coast of Guinny the Ship Star; The Merchant of the said Ship, in prosecution of the Voyage, went to the Port of Cormantine on the Gold Coast in Guinny, where he found the Dutch had combined with the Natives of the Country to have clean expelled the English from their own Factory; Which had been effected, to the very great Damage of the said Wood and the whole Guinny Company, had not that Ship arrived that very Day at that Port. And afterwards the said Ship coming to the Island of St. Thome, to recover again Debts due to the said Wood, wherewith the Ship was to be re-laden; the Governor of the Island for the States-General 'commanded the Portugals Debtors not to pay any of their Debts unto the English, although they were both able and willing thereunto; whereby the said Ship returned home dead Freight.
Besides all these, we have received from the East-India company of London, and the Muscovy Merchants of London, by their several Petitions, Complaints of divers great Wrongs and Damages of great Value done to them by the Dutch, Subjects to the said States of the United Provinces; which we do not here set down, because they are of a longer Date, and are or have been depending under Debate before Persons thereunto particularly authorized and appointed; and we expect, that in due time Right will be done.
Die Lunæ, 15. Sept. 1645.
Ordered, by the Commons assembled in Parliament, That the Declaration concerning Reprisal of Ships sent into the United Provinces, be forthwith Printed in Dutch and English; and that the Committee of the Navy do take care of Printing the same.
The Assembly of Divines in the beginning of this Year had address'd to the Parliament, That Persons Ignorant and Scandalous might be suspended from the Sacrament, and might be excommunicated: Which occasion'd great and long Debates in the House of Commons about the same: And amongst the rest, the Learned Mr. Selden delivered his Opinion somewhat to this Effect:
That for 4000 Years there was no sign of any Law to suspend Persons from Religious Exercises: For under the Law every Sinner was eo Nomine to come to offer as he was a Sinner: And no Priest or other Authority had to do with him, unless it might be made appear to them, whether another did repent or not; which was hard to be done. Strangers indeed were kept away from the Passover; but they were Pagans, and such as were not of the Jewish Religion: The Question is not now for keeping away Pagans in Times of Christianity, but Protestants from Protestant Worship. No Divine can shew that there is any such Command as this to suspend from the Sacrament. If after Christ suffered, the Jews had become Christians, the same Ground upon which they went as to their Sacrifices, would have been as to the Sacrament; and certainly no Way nor Command to Keep any one from partaking of it. No Man is kept from the Sacrament, eo Nomine, because he is guilty of any Sin, by the Constitution of the Reformed Churches, or because he hath not made Satisfaction: Every Man is a Sinner; the Difference is only, the one is in Private, and the other a Sinner in Publick: but the one is as much against God as the other. Dic. Ecclesia in St. Matthew, was the Courts of Law which then sat in Jerusalem. No Man can shew any Excommunication, till the Popes, Victor and Zephorius, (200 Years after Christ) first began to use it upon Private Quarrels: Thereby it appears, Excommunication is but Human Invention; it was taken from the Heathen.
The Assembly of Divines have Petitioned and Advised this House, That in every Presbytery or Presbyterian Congregation, the Pastors and Ruling Elders may have the Power of Excommunication, and of suspending such as they shall judge Ignorant or Scandalous Persons from the Sacrament By Pastors, I suppose they mean themselves and others, who are or may be Preachers in the several Congregations, and would be, [Episcopos] Bishops or Overseers of these Congregations. By Ruling Elders, I take their meaning to be a select Number of such as in every one of those Congregations shall be chosen for the Execution of the Church-Government and Discipline therein respectively. They may properly enough be called Pastors, from our Saviour's Charge to his Disciples, Pasce Oves meas, Feed my Sheep; so that a Pastor is to feed those committed to his Charge with Spiritual Food, as the Shepherd seeds his Flock with Temporal: But if so, how improper then will it be, for those who are to feed the Flock, to desire the Power to excommunicate any, to keep them from Food; to suspend any from the Sacrament; to drive them from feeding on the Bread of Life; to forbid any to eat of That, whereof Christ the great Shepherd of our Souls hath said Take, Eat, &c. or to prohibit whomsoever they shall judge unworthy, when our Saviour himself said, Drink ye all of this. And St. Mark, Chap. 14. faith, They all drank of the Cup; though Judas was one of them?
In the Old Testament; Ho every one that thirsteth, come ye to the Waters; and he that bath no Money, come ye, buy and eat; yea, come, buy Milk and Wine, without Money, and without price; faith the Prophet Isaiah: Yet now his Successors would be authorized to say to some Persons, You do not thirst, tho' themselves say they do; and do deny them Milk and Water, Bread and Wine, when they seek and request it; surely therefore it is not proper for Pastors, for Feeders of Flocks, to deny Food to any of their Flock who shall desire it. But some have said, That it is the Part of a good Shepherd, if he see one of his Sheep going astray into a Ground where the Grass will bring the Rot, to chase him out of that Pasture: And they apply it to Spiritual Pastors suspending those from the Sacrament whom they fear by the unworthy receiving of it, may eat and drink their own Damnation: This may be a charitable Semile, but will hardly be found a full Answer: For it is not the receiving of the Sacrament, but the Unworthiness of the Receiver, that brings Destruction; and whether he be unworthy or not, is not in the Judgment of Pastor, or any other, but of the Party only who is the Sinner; for no Man can know his Heart but himself; and a Commission will scarce be produced, for any other Man to be Judge thereof. The Person refused, may say to the Pastor in this Case, Quis constituit te Judicem? Besides, the Authority desired is not only of Suspension, but of Excommunication, Which is a total driving or thundring away of the Party from all Spiritual Food whatsoever And if a Shepherd shall chase away his Sheep from all Pastures, that indeed will bring the Hunger-Rot upon them. Undoubtedly the more ignorant and sinful Persons are, the more they have need Instruction; and where can they have it better, than from the Lips of the Learned and Pious Pastors, which ought to preserve Knowledge? But it hath been said, That the Ruling Elders are to join with them: Let us enquire who they are: In some Congregations in Country Villages, perhaps they may not be very learned themselves, yet the Authority to be given them is sufficiently great. The Word Elders amongst the Hebrews signified the Men of greatest Power and Dignity. The Members of their great Sanhedrim were stiled Elders; so were the Princes of their Tribes; The Grecians had the Appellation in like esteem; [Presbyteri] which we translate Elders, was given to their greatest Men; and from thence is fetch'd the Name of Presbyters, or Priests, Presbytery, and Presbyterian Government. The Phoenicians, Tyrians, and other particular Nations, used the Word Elder in the like Sense, and stiled their Generals and Princes by the Name of Elders. The Romans did the like; their Senate and Senators, came all from Senes, Elders: And from them to this Day the French, Spaniards, and Italians, retain the Titles of Seigneur, Seigniori, Seniori, and the like, for their greatest Men. And in England, we give the Name of Earls to our great Lords, from Elder; and to the King himself the Title of Sir, abstracted from Seigneur, an Elder. In Towns they still keep the Title of Aldermen, that is Eldermen, for the Chief and Rulers of the Corporation: And so they may allow the Title of Elders to the chief and select Men of every Presbytery: Yet if this Power of Excommunication and Suspension be allowed them, they may well challenge the Title of Elders in the highest Signification. The Power of the Keys is a great Power; the Romish Church will acknowledge it, and the Foundation of their Supremacy to be built upon it: Whatsoever they bind or loose on Earth, to be bound or loosed in Heaven, is a Power that may claim the highest Title imaginable.
And though I can never presume that the Reverend and Pious Learned Gentlemen who aim at this Power, can have the least Supposition of any such Effect by it; yet if any Petitioners should sue to you to be made Judges or Justices, I believe you would judge their Petition the less modest, and them the less fit for such Offices. But to this I make no Application, and I hope none shall make any Use of it. But I am sure the Matter here desired, deserves great Consideration: Power is desired to be given to suspend from the Sacrament two sorts of Persons; and Who are they? The Ignorant and the Scandalous? Now I am sure that I am a very ignorant Person; and I fear we are all more ignorant than we ought to be of the Truths of Christ, and some more than others; and the most Learned, I doubt, may be called in the large Sense ignorant. Even perhaps among the Pastors and Ruling Elders in some Places, the most Learned may in other Places be adjudged ignorant. But the more ignorant People are, the more some will blame their Pastors, who ought to instruct them, and by private Conference inform them, and rectify their Understandings; and that is a good part of Spiritual Food. But to keep an ignorant Person from the Ordinances, is no way to improve his Knowledge.
Scandalous Persons are likewise to be Suspended; and who shall be said to be scandalous, is to be referred to the Judgment of the Pastors and Ruling Elders. But where a Commission is extant for them to execute this Judicature, will be hard to shew. Both Pastors, and Elders, and People, are all scandalous in the general Sense; we are all of us gross Sinners, and our bed Performances, as far as they are imperfect, are but scandalous to the true and sincere Profession of the Gospel of Christ. Those who are scandalous Sinners ought to be admonished to forsake their evil Ways, and to amend their Lives; and where can they receive this Admonition, and hope for more Conviction of their Consciences, than by hearing good Sermons, and being admitted to be Partakers of the Holy Ordinances? But to excommunicate them, deprives them wholly of the best Means for their Cure. The best Excommunication is for Pastors, Elders and People to excommunicate Sin out of their own Hearts and Conversations; to suspend themselves from all works of Iniquity: This is a Power which put in Execution, through the Assistance of the Spirit of God, will prevent all disputes about Excommunication and Suspension from the Sacrament. A Man may be a good Physician, tho' he never cut off a Member from any of his Patients: A Body may be very sound, tho' no Member of it was ever cut off: And surely a Church may be a good Church, tho' no Member of it hath ever been cut off. I have heard many Complaints of the Jurisdiction formerly exercised by the Prelates, who were but a few; here will be by the passing of this now desired, a great Multiplication of Spiritual Men in Government. Where the Temporal Sword (the Magistracy) is Sufficient for Punishment of Offences, there will be little need for this new Discipline, nor will it be so easily granted.
- 1. That to declare their Affections to the Peace of the Kingdom, and that there was nothing so much desired by them as a firm Agreement between his Majesty and both Houses, they had concluded that some Propositions or Resolutions tending to a firm and well-grounded Peace, should be sent to his Majesty.
- 2. That in regard they had met with so many Delusions in the way of Treaty, they would henceforth admit of no Treaty nor Debate by Commissioners.
- 3. That such Propositions as shall be sent, shall be drawn up into Bills, that so the Royal Assent being desired and had thereunto, they may become Acts of Parliament.
- 4. That the Scotish Commissioners should be acquainted with these their Votes and Resolutions.
After which, the said Votes being at a Conference communicated to the Lords, they concurred therein. And afterwards the Commons appointed the Tuesday and Thursday in every Week to be set aside for the debating the Propositions intended to be sent; which held them in Hand for many Weeks, even almost to the End of this Year.
An Ordinance of the Lords and Commons assembled in Parliament, for the more effectual putting in execution the Directory for Publick Worship in all Parish Churches and Chapels within the Kingdom of England, and Dominion of Wales: And for dispersing of them in all Places and Parishes in England and Wales.
Whereas by an Ordinance of Parliament made the Third Day of January last past, and entituled, An Ordinance of Parliament for the taking away the Book of Common-Prayer, and for establishing and putting in execution of the Directory for the Publick Worship of God; it was (among other things therein contained) Ordained, That the said Book of Common-Prayer should not remain or be from thenceforth used in any Church, Chappels, and Place of Publick Worship, within the Kingdom of England, and Domipion of Wales; and that the Directory for Publick Worship in the said recited Ordinance set forth, should be from thenceforth used, pursued, and observed, according to the true Intent and Meaning of the said Ordinance, in all Exercises of the Publick Worship of God, in every Congregation, Church, Chappel, and Place of Publick Worship, within this Kingdom of England, and Dominion of Wales: Yet nevertheless in regard that in or by the said recited Ordinance, there was no special Direction made or Contained for the speedy dispersing of the said Directory into the several Parishes within the Kingdom of England, and Dominion of Wales, and publishing of the same Directory; nor any Punishment set down either for the using of the said Book of Common-Prayer, or for the non-using or depraving of the said Directory; by Means whereof there has been as yet little Fruit of the said Ordinance: The Lords and Commons assembled in Parliament, taking the Premises into serious Consideration do ordain, That the Knights and Burgesses of the several Counties, shall send Printed Books of the said Directory for God's Worship, fairly bound up in Leather, unto the Committees of Parliament residing in the said several respective Counties; who shall with all convenient speed send the same, and cause them to be deliver'd unto the several respective Constables or other Officers of all the several Parishes and respective Chappelries, and Donatives within the Kingdom of England, and Dominion of Wales, and Port and Town of Berwick: (That is to say) One Book unto the respective Constables and other Officers of every one of the said Parishes, Chappelries, and Donatives; to be paid for by the Inhabitants within the said several Parishes and Chappelries.
And it is further hereby Ordained by the Lords and Commons, That the several and respective Constables or other Officers, shall within one Week after their Receipts of the said Books of the Directory, deliver the said Books unto the several and respective Ministers of the said Parishes; upon pain that every of the said Constables or other Officers that shall make default therein, shall forfeit and pay for every such Default, the Sum of Five Shillings of lawful English Money.
And it is further hereby Ordained by the said Lords and Commons, That the said several Ministers shall on the next Lord's Day after their Receipts of the said Books of the Directory, before the Morning-Sermon openly read in their several Churches and Chappels, the said Directory for the Publick Worship of God.
And it is further hereby ordained by the said Lords and Commons, That if any Person or Persons whatsoever shall at any time, or times hereafter use, or cause the aforesaid Book of Common-Prayer to be used in any Church, Chappel, or publick Place of Worship, or in any private Place or Family within the Kingdom of England, or Dominion of Wales, or Port and Town of Berwick, That then every such Person so offending therein, shall for the first Offence forfeit and pay the Sum of Five Pounds of lawful English Money: For the second Offence the Sum of Ten pounds: An for the third Offence shall suffer One whole Year's Imprisonment. without Bail or Mainprize.
And it is further hereby Ordained by the said Lords and Commons, That the several and respective Ministers of all Parishes, Churches and Chappels, within the said Kingdom of England, and Dominion of Wales, and Town and Port of Berwick, shall respectively from time to time, and at all times hereafter (as much as shall in them lie) pursue and observe the Directory for Publick Worship, established by Ordinance of Parliament, according to the true Intent and Meaning thereof.
And it is further Ordained, That every Minister, which shall not henceforth pursue and observe the Directory for Publick Worship, according to the true Intent and Meaning thereof, in all the Exercises of the Publick Worship of God, within this Realm of England, and Dominion of Wales, and within the Town and Port of Berwick, shall for every time he shall so offend, lose and forfeit the Sum of Forty Shillings of lawful English Money. And that what Person soever shall, with intent to bring this said Directory into Contempt and Neglect, or to raise Opposition against it, Preach, Write, Print, or cause to be Written or Printed, any thing in the Derogation or Depraving of the said Book, or any thing therein contained, or any Part thereof, shall lose and forfeit for every such Offence, such a Sum of Money, as shall at the time of his Conviction be thought fit to be imposed on him, by those before whom he shall have his Trial; provided that it be not less than Five Pounds, nor exceeding the Sum of Fifty Pounds.
And be it further Ordained by the Authority aforesaid, That no Person or Persons shall be at any time hereafter impeached or molested of, or for any of the Offences last above mentioned, hereafter to be committed or done contrary to this Ordinance, unless he or they so offending be thereof Indicted at the next or second General Sessions, to be holden before any Justice of Oyer and Terminer, or Justices of Assize, or before the Justices of the Peace at their General Quarter-Sessions next after any Offence committed or done, contrary to the Tenor of this Ordinance; and that he be thereof lawfully Convicted, according to the Laws of this Realm, by Verdict of Twelve Men, or by his own Confession.
Provided also, and be it ordained by the Authority aforesaid, That the Lord-Mayor of London, and all other Mayors, Bayliffs, and all other Head-Officers of all and singular Cities, Boroughs, and Towns Corporate, within this Realm, and Dominion of Wales, to the which Justices of the Assize do not commonly repair, and that have Commissions of Goal-delivery directed to them, or are Counties of themselves, shall have full Power and Authority by Virtue of this Ordinance, to enquire, hear, and determine the Offences aforementioned, and every of them, Yearly, within Fifteen Days after the Twenty fifth Day of March, and the Nine and twentieth Day of September, in like manner and form as Justices of Assize, and Oyer and Terminer, may do.
And it is further ordained by the Authority aforesaid, That all Mulcts and Penalties inflicted by this Ordinance, not exceeding the Sum of Five Pounds, shall be levied and paid to the Use of the Poor of the Parish where the said Offence hath been committed; and that all other Fines exceeding the said Sum of Five Pounds, shall be to the Use of the Poor of the County, City, or Head borough respectively, where the said Offences shall be committed; to be disposed of by the Justices of the Peace, Mayors, or Bayliffs respectively, at the next General Sessions where and when the said Sums shall be adjudged.
It is further ordered and ordained, That all Common-Prayer-Books remaining in Parish-Churches and Chappels, shall within a Month after the publishing of this Ordinance, be by the Churchwardens or Constables of the respective Parishes, under the Penalty of Forty Shillings, to be employed as aforesaid, carried unto the Committees of the respective Counties, where they shall be found, to be disposed of as the Parliament shall direct.
His Majesty's Proclamation concerning the Book of Common-Prayer, and the Directory for Publick Worship.
Whereas by a Printed Paper dated the Third of January last past, entituled, An Ordinance of Parliament for taking away the Book of Common- Prayer, and for establishing and putting in Execution of the Directory for the Publick Worship of God; it is said to be ordained, amongst other Things, That the Book of Common-Prayer should not remain, nor be from thenceuled in any Church or Chappel, or Place of Publick Worship, within the Kingdom of England and Dominion of Wales: And that the Directory for Publick Worship in that Paper set forth, should be from thenceforth used, pursued, and observed, in all Exercises of Publick Worship of God, in every Congregation, Church, Chappel, and Place of Publick Worship. And by another printed Paper dated the 23d Day of August last past, entituled, An Ordinance of the Lords and Commons assembled in Parliament, for the more effectual putting in Execution the Directory for Publick Worship, &c. particular Directions are set down for the dispersing, publishing, and Use of the said Directory in all Parishies, Chappels, and Donatives; for the calling in and suppressing of all Books of Common-Prayer, on the several Forfeitures and Penalties, to be levied and imposed upon Conviction before Justices of Assize, or of Oyer and Terminer, and of the Peace; as by the said Two printed Papers may appear.
And taking into our Consideration, That the Common-Prayer which is thus endeavoured to be abolished, was compiled in the times of Reformation, by the most Learned and Pious Men of that Age, and defended and continued with the Martyrdom of many; and was first establish'd by Act of Parliament in the time of King Edward the Sixth, and never repealed nor laid aside, save only in that short Time of Queen Mary's Reign, and upon the Return of Popery and Superstition. And in the First Year of Queen Elizabeth, it was again revived and established by Act of Parliament; and the Repeal of it then declared by the whole Parliament to have been to the great Decay of the due Honour of God, and Discomfort of the Professors of the Truth of Christian Religion; and ever since, it hath been used and observed for above Fourscore Years together, in the best Times of Peace and Plenty that ever this Kingdom enjoyed; and that it contains in it an excellent Form of Worship and Service of God, grounded upon the Holy Scriptures; is a singular means and help to Devotion in all Congregations; and that, or some other of the like Form simply necessary in those many Congregations which cannot otherwise be supplied by Learned and Able Men, and keeps an Uniformity in the Church of England. And that the Directory, sought to be, introduced, is a Means to open the Way, and to give the Liberty to all Ignorant, Factious, and Evil Men, to broach their own Fancies and Conceits, be they never so wicked or erroneous; and to mislead People into Sin and Rebellion; and to utter those things, even in that which they make for long Prayer in their Congregations in God's presence, which no Conscientious Man can assent or say Amen to. And be the Minister never so Pious and Religious, yet it will break that Uniformity which hitherto hath been held in God's Service, and be a Means to raise Factions and Divisions in the Church: And those many Congregations in this Kingdom, where Able and Religious Ministers cannot be maintained, must be left destitute of all Help and Means for the Publick Worship and Service of God. And observing likewise, That no Reason is given for this Inconveniency alledged in the general; And whether Pride and Avarice be nor the Ground, whether Rebellion and Destruction of Monarchy be not the Intention of some, and Sacrilege and the Church's Possessions the Aims and Hopes of others; and these New Directories the Means to prepare and draw the People in for all, we leave to him who searches and knows the Hearts of Men.
And taking into our Consideration, That this Alteration is introduced by Colour of Ordinance of Parliament, made without and against our Consent, and against an express Act of Parliament still in force: And the same Ordinances of Parliament made as perpetual binding Laws, inflicting Penalties and Punishments which were never (before these Times) so much as pretended to have been the Use or Power of Ordinances of Parliament, without any express Act of Parliament, to which we are to be Parties. Now left our Silence should be interpreted by some as Connivance or Indifferency in us, in a Matter so highly concerning the Worship and Service of God, the Peace and Unity of the Church and State, and the Establish'd Laws of the Kingdom; We have therefore thought fit to publish our Proclamation, and do hereby require and command all and singular Ministers, in all Cathedral and Parish-Churches, and other Places of Publick Worship, within our Kingdom of England or Dominion of Wales, and all others to whom it shall appertain, That the said Book of Common-Prayer be kept and used in all Churches, Chapels, and Places of Publick Worship, according to the said Statute made in that behalf, in the said First Year of the said late Queen Elizabeth. And that the said Directory be in no sort admitted, received, or used; the said pretended Ordinances, or any thing in them contained to the contrary notwithstanding. And we do hereby let them know, That whensoever it shall please God to restore us to Peace, and the Laws to their due Course, wherein we doubt not of his Assistance in his good Time, we shall require a strict Account and Prosecution against the Breakers of the said Law, according to the Scope thereof. And in the mean Time, in such Places where we shall come, and find the Book of Common-Prayer suppressed and laid aside, and the Directory introduced, we shall account all those that shall be Aiders, Actors, or Contrivers therein, to be Persons disaffected to the Religion and Laws establish'd: And this they must expect, besides the great Loss they shall sustain by suffering themselves to be deprived of the Use and Comfort of the said Book.
Whereas by a late Ordinance of Sequestration, it is amongst other things declared and ordained, That the Committees of the several Counties shall have Power to assign Maintenance out of the Lands of Delinquents, to their several Wives and Children, so as the same exceed not the Fifth Part of the Lands or Goods so sequestred: And whereas by Occasion hereof divers Wives and Children of Delinquents may resort hither, only to obtain the said Fifth Part, and may be ready to do III Offices to the Parliament: The Lords and Commons, to prevent the said Mischief, and other of like Nature, do ordain, That no Wife, Child, or Children of any Delinquent, who shall come from their own Habitation into the Parliament Quarters, with or without their Fathers and Husbands, from the King's Quarters, shall have, hold, and enjoy any Fifth Part by the said Ordinance. And therefore they do ordain, That all such Allowances hereafter to be made to such Wife or Children, shall be utterly void. And if any such Wife, Child, or Children, shall return from the King's Quarters without Leave of both Houses; The Deputy-Lieutenants and Committees of Parliament in the several Counties, or any Two of them, are hereby Authorized and Required to take Care that they be commanded to return back into the King's Quarters: And if they shall not return upon Command given to them by the Deputy-Lieutenants, or Committee, or any Two of them, they shall hereby have Power to Commit them until they shall give Security to return. And be it further ordained, That no Children of any Delinquents shall have any Fifth Part, but such as shall be Educated and brought up in the Protestant Religion.
A Declaration of the Lords and Commons assembled in Parliament concerning the Inhabitants of Wales.
Whereas the Lords and Commons assembled in Parliament are informed, That by the subtile and malicious Practices of a Popish and Malignant Party, opposite to God's Cause, and the Prosperity of this Kingdom, it hath been insinuated and infused into sundry of the Inhabitants of his Majesty's Dominions of Wales, to disaffect and poison them against the Proceedings of the Parliament, That it was their Intention to gratify our Brethren of Scotland for their Assistance in these our Extremities, drawn upon us by the said Popish and Malignant Party, with the Estates and Lands of the said Inhabitants which is so absolutely false, that it never entred into their Thoughts, and consequently needed no Refutation: Yet that the Subjects of this Kingdom, inhabiting within the said Dominion of Wales, may receive full and befitting Satisfaction, and we and our Brethren of Scotland, Vindication against so foul and barbarous an Aspersion, the said Lords and Commons do testify and declare to all Persons whatsoever, to whom these shall come, That they do much abhor and detest an Act of such Injustice and Inhumanity: And that they are so far from doing any such Thing, that if any of the said Inhabitants, upon due Sense and Sorrow for any of their Crimes and Misdemeanors committed against the present Parliament, shall submit, and apply themselves by humble Petition to the Parliament, and desire the Favour of, and Reconciliation to the same, the said Lords and Commons will be thereupon ready to receive any and all such, upon such reasonable Terms, as the Wisdom of the Parliament shall think in some Measure proportionable to the Qualities and Degrees of their several Offences, and thereupon yield them all such Aid and Assistance as they shall reasonably desire, and the Parliament be able to afford. Provided always, That this shall not extend to any that are excepted from Pardon, within the Propositions lately presented to his Majesty for a safe and well-grounded Peace.
An Ordinance of the Lords and Commons assembled in Parliament, about Suspension from the Lord's Supper.
The Lords and Commons considering the wonderful Providence of God in calling them to this great and difficult Work of Reforming and Purging his Church and People, his guidance and manifest Protection of them in it, do acknowledge that never any of his Servants since the Foundation of the ' World, had more high and strong Engagements heartily and sincerely to endeavour to compleat Establishment of Purity and Unity in the Church of God than they have; they do therefore Require all Ministers and Elders, That they be careful to walk with Understanding in the House of God; That by Example, Exhortations, and Admonitions, they Endeavour to build up the People of the Lords in Love; That with Humility and Meekness of Spirit they adorn their Holy Profession, and win Souls to the Jove of the Truth; That they be diligent and faithful in the Work, as those that must give an Account. And where gross Ignorance or notorious Scandal must appear, for the Remedy thereof, and to prevent the Evils that may come thereby, the Lords and Commons do ordain, and it is hereby ordained, That the several Elderships respectively within their respective Bounds and Limits, have Power to suspend from the Sacrament of the Lord's Supper, all Ignorant and Scandalous Persons within the Rules hereafter following, and according to the said Rules and Directions.
Rules and Directions concerning Suspension from the Sacrament of the Lord's Supper, in Case of Ignorance.
1. All such Persons who mall be admitted to the Sacrament of the Lord's Supper ought to know that there is a God; That there is but one ever-living and true God, Maker of Heaven and Earth, the Governour of all Things: That this only true God, is the God whom we worship: That this God is but One, yet Three distinct; Persons, the Father, Son, and Holy Ghost, all equally God.
2. That God created Man after his own Image, in Knowledge, Righteousness, and true Holiness: That by one Man Sin entred into the World, and Death by Sin, and so Death passed upon all Men, for that all have sinned: That thereby they are all Dead in Trespasses and Sins, and are by Nature the Children of Wrath, and so liable to Eternal Death, the Wages of every Sin.
3. That there is but one Mediator between God and Man, the Man Christ Jesus, who is also overall, God blessed for ever; neither is there Salvation in any other: That he was Conceived by the Holy Ghost, and Born of the Virgin Mary: That he died upon the Cross to save his People from their Sins; That he rose again the third Day from the Dead, Ascended into Heaven, sits at the Right Hand of God, and makes continual Intercession for us; of whose fulness we receive all Grace necessary to Salvation.
That Faith is that Grace whereby we believe and trust in Christ for Remission of Sins, and Life everlasting; according to the Promise of the Gospel, That, whosoever believes not on the Son of God, shall not see Life, but shall Perish eternally.
That the Sacraments are Seals of the Covenant of Grace in the Blood of Christ: That the Sacraments of the New Testament are Baptism and the Lord's Supper: That the outward Elements of the Lord's Supper are Bread and Wine, and do signify the Body and Blood of Christ Crucified, which the worthy Receiver by Faith doth partake of in this Sacrament, which Christ hath likewise ordained for a Remembrance of his Death: That whosoever eats and drinks unworthily, is guilty of the Body and Blood of the Lord; and therefore that every one is to examine himself, left he eat and drink Judgment to himself, not discerning the Lord's Body.
That the Souls of the Faithful after Death do immediately live with Christ, in Blessedness, and that the Souls of the wicked do immediately go into Hell-Torments. That there shall be a Resurrection of the Bodies both of the just and unjust at the last Day, at which time all shall appear before the Judgment Seat of Christ, to receive according to what they have done in the Body, whether it be good or evil: And that the righteous shall go into Life eternal, and the wicked into everlasting Punishment.
And it is further ordained by the Lords and Commons, That those who have a competent measure of understanding concerning the Matters contained in these Articles, shall not be kept back from the Sacrament of the Lord's Supper for Ignorance: And that the Examination and Judgment of such Persons as shall for their Ignorance of the aforesaid Points of Religion not to be admitted to the Sacrament of the Lord's Supper, is to be in the power of the Eldership of every Congregation.
Rules and Directions concerning Suspension from the Sacrament of the Lord's Supper, in cases of Scandal.
The several and respective Elderships shall have power to suspend from the Sacrament of the Lord's Supper all Scandalous persons hereafter mentioned, appearing to be such upon just proof thereof made, in such Manner as is by this present Ordinance hereafter appointed, and not otherwise, until it be otherwise declared by both Houses of Parliament, how notoriously scandalous persons, other than such as are herein expressed, shall be kept from the Sacrament of the Lord's Supper: That is to say, All persons that shall blasphemously speak or write any thing of God, his holy Word, or Sacraments. An Incestuous person. An Adulterer. A Fornicator. A Drunkard. A prophane Swearer or Curser. One that hath taken away the Life of any Person maliciously. All Worshippers of Images, Crosses, Crucifixes, or Relicks: All that shall make any Images of the Trinity, or of any Person thereof. All religious Worshippers of Saints, Angels, or any mere Creature. Any Person that shall profess himself not to be in charity with his Neighbour. Any Person that shall challenge any other Person by Word, Message, or Writing, to fight, or that shall accept such Challenge, and agree thereto. Any Person that shall knowingly carry any such Challenge by word, message, or writing. Any Person that shall upon the Lord's Day use any Dancing, playing at Dice or Cards, or any other Game: Masquing, Wake, Shooting, Bowling, playing at Foot-ball, or Stool-ball, Wrestling; or that shall make, or resort unto any Plays, Interludes, Fencing, Bull-baiting, or Bear-baiting; or that shall use Hawking, Hunting, or Coursing, Fishing, or Fowling; or that shall publickly expose any Wares to Sale, otherwise than as is provided by an Ordinance of Parliament of the 6th of April, 1644. Any Person that shall Travel upon the Lord's Day, without reasonable Cause. Any Person that keepeth a known Stews or Brothel-house, or that shall sollicit the Chastity of any Person for himself or any other. Any Person, Father and Mother, that shall consent to the Marriage of their Child to a Papist, or any Person that shall marry a Papist. Any Person that shall repair for any Advice unto any Witch, Wizard, or Fortune-teller. Any Person that shall assault his Parents, or any Magistrate, Minister, or Elder, in the Execution of his Office. Any Person that shall be legally attained of Barretry, Forgery, Extortion, or Bribery. And the several and respective Elderships shall have Power likewise to suspend from the Sacrament of the Lord's Supper, all Ministers that shall be duly proved to be guilty of any of the Crimes aforesaid, from giving or receiving the Sacrament of the Lord's Supper.
And it is further ordained by the Lords and Commons, That the Eldership of every Congregation, shall have Power to examine any Person complained of for any matter of Scandal aforesaid; and upon Confession of the Party before the Eldership to have committed such an Offence, to suspend any such Person from the Sacrament of the Lord's Supper. The Eldership of every Congregation shall examine upon Oath such Witnesses as shall be produced before them, either for the acquitting or condemning of the Party accused of any of the scandalous Crimes aforesaid, not capital. The Eldership of every Congregation on shall judge the matter of Scandal aforesaid, being not capital, upon the Testimony of two credible Witnesses at the least. Satisfaction shall be given to the Eldership of every Congregation, by sufficient manifestation of the Offenders Repentance, before a Person lawfully convicted of such matters of Scandal as aforesaid, and thereunto. suspended from the Sacrament of the Lord's Supyer, be admitted thereunto. If any Person suspended from the Lord's Supper, shall find himself grieved with the Proceedings before the Eldership of any Congregation, he shall have Liberty to appeal to the Classical Eldership, and from them to the Provincial Assembly, from thence to the National, and from thence to the Parliament. And be it further ordained by the Lords and Commons, That the several and respective Elderships in their several respective Proceedings, shall observe these ensuing Cautions.
Caution 1. That cognizance and examination of any capital Offence, shall be by the Magistrate thereunto appointed by the Law of the Kingdom, who if he shall commit the Party questioned to Prison, or secure him or her by Bail, he shall thereof make a Certificate unto the Eldership of the Congregation where he or she did last reside, or to any other Neighbouring Eldership, who shall thereupon have Power to suspend the Party from the Sacrament of the Lord's Supper.
2. The Presbytery or Eldership shall not have cognizance of anything wherein any matter of Payment, Contract, or Demand is concerned; or of any matter of Conveyance, Title, Interest, or Property, in Lands or Goods.
And it is further ordained, That the Members of both Houses that now are Members of the Assembly of Divines, or any Seven of them, be a Standing Committee of both Houses of Parliament, to consider of Causes of Suspension from the Sacrament of the Lord's Supper, not contained in this Ordinance; unto which Committee any Eldership shall present such Causes, to the End that the Parliament, if need require, may hear and determine the same: That if any other notorious and scandalous Sins, besides those nominated in this Ordinance, which may be conceived to be a Cause to suspend from the, Lord's Supper, shall be certified to any Classis, either from any Congregational Eldership, or otherwise, which the said Classis shall think fit to present to the standing Committee of Parliament: That the said Classis shall present the same to the said Committee, to the End that the Parliament, if need require, may hear and determine the same.
An Ordinance of the Lords and Commons assembled in Parliament, for the Ordination of Ministers.
Whereas the word Presbyter, that is to say, Elder, and the word Bishop do in the Scripture intend and signifie one and the same Function, altho the Title of Bishop hath been by corrupt Custom appropriated to one, and that unto him ascribed, and by him assumed, as in other things, so in the matter of Ordination, that was not meet; which Ordination notwithstanding being performed by him, a Presbyter joined with other Presbyters, we hold for substance to be valid, and not to be disclaimed by any that have received it and that Presbyters so ordained, being lawfully thereunto appointed and authorized, may ordain other Presbyters. And whereas it is also manifest by the Word of God, that no Man ought to take upon him the Office of a Minister, until he be lawfully called and ordained thereunto; and that the Work of Ordination, that is to say, an outward solemn setting apart of Persons for the Office of the Ministry in the Church, by preaching Presbyters, is an Ordinance of Christ, and is to be performed with all due care, wisdom, gravity, and solemnity. It is ordained by the Lords and Commons assembled in Parliament, and by the Authority of the same, (after Advice had with the Assembly of Divines now convened at Westminster,) That the several and respective Classical Presbyters, which in their several and respective Bounds may examine, approve, and ordain Presbyters, according to the Directory for Ordination, and Rules for Examination, hereafter expressed; that is to say,
First, That he that is to be ordained, must address himself to the Presbytery, and bring with him a Testimonial of his taking the Covenant of the Three Kingdoms; of his Diligence and Proficiency in his Studies; what Degrees he hath taken in the University, and what hath been the time of his Abode there, and withal of his Age, which is to be Twenty four Years at least; but especially of his Life and Conversation.
Secondly, The Presbytery shall proceed to enquire touching the Grace of God in him, and whether he be of such Holiness of Life as is requisite in a Minister of the Gospel; and to examine him touching his Learning and Sufficiency, and touching the Evidence of his Calling to the holy Ministry, and in particular, his fair and direct Calling to that Place to which he is designed.
- 1. That the Party examined be dealt with in a brotherly way, with mildness of spirit, and with special respect to the gravity, modesty, and quality of every one.
- 2. He shall be examined touching his skill in the Original Tongues; and that Trial shall to be made by reading the Hebrew and Greek Testament, and rendring some Portions of them into Latin; and enquiry also shall be made after his other Learning, and whether he hath skill in Logick and Philosophy.
- 3. What Authors in Divinity be hath read, and is best acquainted with; and Trial shall be made of his knowledge in the chief grounds of Religion, and of his ability to defend the Orthodox Doctrine contained in them, against all unfound and erroneous Opinions, especially those of the present Age; of his skill in the sense and meaning of such Places of Scripture as shall be proposed unto him in Cases of Conscience, and in the Chronology of Scripture, and of the Ecclesiastical History.
- 4. If be hath not before preached in publick, with approbation of such as are able to judge, be shall at a competent time assigned him, and before the Presbytery, expound such a Place of Scripture as shall be given him.
- 5. He shall in a competent time also frame a Discourse in Latin, upon such a common Place or Controversy in Divinity, as shall be assigned him; and exhibit to the Presbytery such Theses as express the Sum thereof, and maintain a Dispute upon them.
- 6. He shall preach before the People; the Presbytery, or some of the Ministers of the Word, appointed by them, being present.
- 7. The proportion of his Gifts in relation to the Place unto which he is called, shall be considered.
- 8. Besides the Trial of his Gifts in preaching, he shall undergo an Examination in the Premisses Two several Days, or more, if the Presbytery shall judge it necessary.
Thirdly, after which, he being approved, is to be sent to the Church or other Place where he is to serve, (if it may be done with safety and conveniency), there to preach Three several Days, and to converse with the people, that they may have trial of his Gifts for their Edification, and may have time and leisure to enquire into, and the better to know his Life and Conversation.
Fourthly, In the last of those Three days appointed for the making known of his Gifts in preaching, there shall be sent from the Presbytery to the Congregation, (if it may be done with safety and conveniency) a publick Instrument in writing, which shall publickly be read before the People, and after affixed to the Church-door, to signify such a Day any Member or Members of the said Congregation, or any other Person or Persons whatsoever, or any of them, may put in with all Christian Discretion and Meekness, what Exceptions they have against him: And if upon the Day appointed there be no just Exceptions against him, the Presbytery shall proceed to Ordination.
Fifthly, Upon the Day appointed for Ordination, which is to be performed in that Church where he that is to be ordained is to serve, (if it may be done with safety and conveniency), a solemn Fast shall be kept by the Congregation, that they may more earnestly join in Prayer to God for a Blessing upon the Person and Labour of this his Servant, Solemnly to be set apart to the Office of the Ministry for their good; the Presbytery shall come to the Place, or some Ministers of the Word, at the least, shall be sent from the Presbytery, whereof one shall preach to the People concerning the Office and Duty of the Ministers of Christ, and how the People ought to esteem him for the Works sake.
Sixthly, After the Sermon ended, the Minister which hath preached shall in the Face of the Congregation, demand of him who is now to be ordained, concerning his Faith in Christ Jesus, and his persuasion of the Truth of the Reformed Religion, according to the Scriptures; his sincere Intentions and Ends in desiring to enter into this Galling; his Resolution to be diligent in Prayer, Reading, Meditation, Preaching, Ministring the Sacraments, and doing all Ministerial Duties towards his Charge, his Zeal and Faithfulness in maintaining the Truth of the Gospel, and Purity of the Church, against Error and Schism; his Care that himself and Family may be unblameable, and Examples to the Flock, and his Resolution to continue in his Duty, against all Trouble and Persecution.
Seventhly, In all which having declared himself, professed his willingness and promised his Endeavours by the help of God; the Presbytery, or the Ministers sent from them, shall solemnly set him apart to the Office and Work of the Ministry, laying their Hands on him, with a short Prayer or Blessing, to this Effect.
Thankfully acknowledging the great Mercy of God in sending Jesus Christ for the Redemption of his People, and for his Ascension to the right Hand of God the Father, and there pouring out his Spirit, and giving Gifts to Men, Apostles, Evangelists, Prophets, Pastors, and Teachers, for the gathering and building up of his Church; and for fitting and inclining this Man to this great Work; to beseech him to fill him with his Holy Spirit, who in his Name we (fn. 1) set apart to this holy Service, to fulfil the Work of his Ministry in all things, that he may both save himself, and the People committed to his Charge.
Eighthly, This or the like Form of Prayer or Blessing being ended, let the Minister who Preached, briefly exhort him to consider the greatness of his Office and Work, the Danger of Negligence both to himself and his People; the Blessing which will accompany his Faithfulness in this Life, and that to come; withal let him Exhort and Charge, the People in the Name of God, willingly to receive and acknowledge him as the Minister of Christ, and to maintain, encourage, and assist him in all the Parts of his Office. And so by prayer commending both him and his Flock to the Grace of God, after the singing of a Psalm, let the Assembly be dismissed with a Blessing.
Ninthly, Let such as are chosen or appointed for the Service of the Army, or Navy, or Colleges, or other Charge, be Ordained as above said, in such Church as the Classical Presbytery to which they shall address themselves shall think fit; and such Alterations made by the Minister that Ordaineth from the Exhortation last before prescribed, as the Circumstance of Place and Person shall require.
And be it further Ordained by the said Lords and Commons, and by the Authority aforesaid, That every Person formerly Ordained a Presbyter, according to the Form of Ordination, which hath been held in the Church of England, and is to be removed to another Charge, do bring the Presbytery where he is to be placed, a Testimonial of his Ordination, and of his Abilities and Conversation, whereupon his Fitness for that Place where he is to be removed, shall be tried by his Preaching there, and (if it shall be judged necessary) by a further Examination; and so, without any new Ordination, he shall be admitted, if he be appointed as fit for that Place. And if any Person ordained Minister in Scotland, or in any other Reformed Church, be designed to a Congregation in England, he is to bring from that Church to the Presbytery where he is to be placed, a sufficient Testimonial of his Ordination, of his Life and Conversation while he lived with them, and of the Causes of his Removal; and to undergo such Trial of his Fitness and Sufficiency, and to have the same Course held with him in other particulars, as is set down in the foregoing Rule and Provision, touching the Examination and Admission of Persons formerly ordained in England.
And it is further ordained, That Records be carefully kept by the Register, to be nominated by the Presbytery, of the Names of the Persons ordained, with their Testimonial of the Time and Place of their Ordination, and of the Ministers who did ordain them, and of the Charge to which they are appointed; and that no Money or Gift, of what kind soever, shall be received from the Person to be ordained, or from any on his behalf, for Ordination, or ought else belonging to it, by the Presbytery or any of them, or any appertaining to any of them, upon what Pretence soever; except to the Register, for the Entry, Instruments, and Testimonials of his Ordination, which shall not exceed the Sum of Ten Shillings for each Person.
And it is yet futher ordained by the Authority aforesaid, That all Persons who shall be ordained Presbyters according to this Directory, shall be forever reputed and taken in all Intents and Purposes, for lawful and sufficiently Authorized Ministers of the Church of England, and as capable of any Ministerial Employment in the Church, with the Rights and Profits belonging thereunto, as any other Presbyters whatsoever, already ordained, or hereafter to be ordained: And that all Presbyters who are hereby appointed and authorized to ordain, and shall (according to this present Directory) ordain Presbyters, are heteby declared to perform an acceptable Service to this Church, and Kingdom, and shall have the Protection of both Houses of Parliament for their Indemnity.
Die Lunæ, Decemb. 1. 1645.
The House of Commons doth declare, That it shall be an acceptable Service for any Person or Persons to inform this House of any Member or Members of this House, that by himself or others, directly or indirectly, hath taken or received any Money or other thing, of any Person or Persons, for any Matter or Thing depending in this House, or any Committee of this House, since the beginning of this Parliament: And the House hath appointed a Committee to receive any such Informations, who are to sit in the Exchequer-Chamber upon Thursday next in the Afternoon, and so from Time to Time: And the Members of the House are hereby enjoyned, if any of them know of any such Thing so taken in manner as aforesaid, by any other of the Members, that they do repair to the said Committee, and inform them of the same.
His Majesty being deeply sensible of the Continuation of this Bloody and Unnatural War, cannot think himself discharged of the Duty he owes to God, or the Affection and Regard he has to the Preservation of his People, without the constant Application of his earnest Endeavours to find some Expedient for the speedy Ending of these unhappy Distractions, doth therefore desire, That safe Conduct may be forthwith sent for the Duke of Richmond, the Earl of Southampton, John ashburnbam, and Jeffery Palmer, Esqs; and their Attendants, with Coaches, Horses, and other Accommodations for their Journy to Westminster, during their Stay there, and Return when they shall think sit: Whom his Majesty intends to send to the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners in the Parliament of Scotland, furnished with such Propositions as his Majesty is confident will be the Foundation of a happy and well-grounded Peace. Given at the Court of Oxford the 5th of December, 1645.
His Majesty cannot but extremely wonder, that after so many Expressions on your Part of a deep and seeming Sense of the Miseries of this afflicted Kingdom, and of the Dangers incident to his Person during the continuance of this unnatural War; your many great and so oft repeated Protestations, That the railing of the Arms hath been only for the necessary Defence of God's true Religion, His Majesty's Honour, Safety, and Prosperity, the Peace, Comfort, and Security of his People; you should delay a safe Conduct to the Persons mentioned in his Majesty's Message of the 5th of this Instant December, which are to be sent unto you with Propositions for a well grounded Peace: A Thing so far from having been at any Time denied by his Majesty whensoever you have desired the same, that he believes it hath been seldom (if ever) refused amongst the most avowed and professed Enemies, much less by Subjects to their King. But his Majesty is resolved that no Discouragements whatsoever shall make him fail of his Part of doing his utmost Endeavours to put an End to these Calamities, which if not in Time prevented must prove the Ruin of this unhappy Nation: And therefore doth once again desire, That a safe Conduct may be forthwith sent for those Persons expressed in his former Message: And doth therefore Conjure you, as you will answer to Almighty God in that Day when he shall make Inquisition for all the Blood that hath and may yet be spilt in this unnatural War, as you tender the Preservation and Establishment of the true Religion, by all the Bonds of Duty and Allegiance to your King, or Compassion to your bleeding and unhappy Country, and of Charity to yourselves, That you dispose your Hearts to a true Sense, and employ all your Faculties in a more serious Endeavour, together with his Majesty, to set a speedy End to these wasting Divisions; and then he shall not doubt but that God will yet again give the Blessing of Peace to this distracted Kingdom. Given at the Court at Oxford the 15th of December, 1645.
For the Speaker of the House of Peers pro Tempore: To be communicated to the Two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland.
Notwithstanding the strange and unexpected Delays (which can be precedented by no former Times) to his Majesty's two former Messages his Majesty will lay aside all Expostulations, as rather serving to lose Time, than to contribute any Remedy to the Evils which (for the present) do afflict this distracted Kingdom. Therefore, without further Preamble, his Majesty thinks it most necessary to send these Proportions this Way, which he intended to do by the Persons mentioned in his former Messages; though he well knows the great Disadvantage which Overtures of this kind have, by the want of being accompanied by well-instructed Messengers.
His Majesty conceiving that the former Treaties have hitherto proved ineffectual, chiefly for want of Power in those Persons that Treated, as likewise because those from whom their Power was derived (not possibly having the particular Informations of every several Debate) could not give so clear a Judgment as was requisite to so important a Business: If therefore his Majesty may have the Engagement of the two Houses at Westminster, the Commissioners of the Parliament of Scotland, the Mayor, Aldermen, Common Council and Militia of London; of the Chief Commanders in Sir. Tho. Fairfax's Army, as also of those in the Scots Army, for his Majesty's free and safe coming to, and abode in London or Westminster (with such of his Servants now attending him, and their Followers, not exceeding in all the Number of three hundred) for the space of forty Days; and after the said Time, for his free and safe Repair to any of his Garrisons of Oxford, Worcester, or Newark (which his Majesty shall nominate at any Time before his going from London or Westminster,) his Majesty propounds to have a Personal Treaty with the Two Houses of Parliament at Westminster, and the Commissioners of the Parliament of Scotland, upon all Matters which may conduce to the Restoring of Peace and Happiness to these miserably-distracted Kingdoms; and to begin with the three Heads which were treated on at Uxbridge. And for the better clearing of his Majesty's earnest and sincere Intentions of putting an End to these unnatural Distractions, (knowing the Point of Security may prove the greatest Obstacle to this most blessed Work) his Majesty therefore declares, That he is willing to commit the great Trust of the Militia of this Kingdom, for such Time and with such Powers as are express'd in the Paper delivered by his Majesty's Commissioners at Uxbridge, the 6th of February last, to these Persons following, Viz.
- The Lord Privy-Seal,
- The Duke of Richmond,
- The Marq. of Hartford,
- The Marq. of Dorchester,
- The Earl of Dorset, Lord Chamberlain,
- The Earl of Northumberland
- The Earl of Essex,
- The Earl of Southampton,
- Earl of Pembroke,
- Earl of Salisbury,
- Earl of Manchester,
- Earl of Warwick,
- Earl of Denbigh,
- Earl of Chichester,
- Lord Say,
- Lord Seymour,
- Lord Lucas,
- Lord Lexington,
- Mr. Denzil Hollis,
- Mr. Pierpoint,
- Mr. Hen. Bellasis,
- Mr. Rich. Spencer,
- Sir Tho. Fairfax,
- Mr. John Ashburnham,
- Sir Gervase Clifton,
- Sir Hen. Vane, Jun.
- Mr. Rob. Wallop,
- Mr. Tho. Chicheley,
- Mr. Oliver Cromwel, and
- Mr. Philip Skippon.
Supposing that these are Persons against whom there can be no just Exception. But if this doth not satisfy, then his Majesty offers to name the one halt, and leave the other to the Election of the two Houses of Parliament at Westminster, with the Powers and Limitations before-mention'd.
Thus his Majesty calls God and the World to witness of his sincere Intentions and real Endeavours for the composing and settling of these miserable Distractions; which he doubts not but by the Blessing of God will soon be put to an happy Conclusion, if this his Majesty's Offer be accepted. Otherwise he leaves all the World to Judge who are the Continuers of this unnatural War. And therefore he once more conjures you by all the Bonds of Duty you owe to God and your King, to have so great a Compassion on the bleeding and miserable Estate of your Country, that you join your most serious and hearty Endeavour with his Majesty, to put an happy and speedy End to these present Miseries. Given at the Court at Oxford the 16th of December, 1645.
May it please your Majesty,
The Lords and Commons assembled in the Parliament of England at Westminster, have received your Letters of the 5th and 15th of this Insant December; and having, together with the Commissioners of the Parliament of Scotland, taken the same into their serious Consideration, do humbly return this Answer:
They have in all their Actions manifested to your Majesty and the World, their sincere and earnest desires that a safe and well grounded Peace might be settled in your Three Kingdoms; and for the obtaining so great a Blessing, shall ever pray to God, and use their utmost Endeavours: And beseech your Majesty to believe, that their not sending a more speedy Answer, hath not proceeded from any Intention to retard the Means of putting an End to these present Calamities by a happy Peace; but hath been occasioned by the Considerations and Debates necessary in a Business of so great Importance, wherein both Kingdoms are so much concern'd.
As to your Majesty's Desire of a safe Conduct for the coming hither of the Duke of Richmond, the Earl of Southampton, John Ashurnbam, and Jeffrey Palmer, Esqs. with Propositions to be the Foundations of an happy and wellgrounded Peace; they finding that former Treaties have been made use of for other Ends, under the pretence of Peace, and having proved dilatory and unsuccessful, cannot give way to a safe Conduct according to your Majesty's Desire. But both Houses of the Parliament of England having now under their Consideration Propositions and Bills for the settling of a safe and wellgrounded Peace, which are speedily to be communicated to the Commissioners of the Kingdom of Scotland, do resolve after mutual Agreement of both Kingdoms, to present them with all speed to your Majesty.
Altho' the Message sent by Sir Peter Killegrew, may justly require an Expostulatory Answer, yet his Majesty lays that aside, as not so proper for his present Endeavours; leaving all the World to judge whether his Proposition for a Personal Treaty, or the flat Denial of a safe Conduct for Persons to begin a Treaty, be greater Signs of a real Intention to Peace; and shall now only insist upon his former Message of the 26th of this December, That upon his Repair to Westminster, he doubts not but so to join his Endeavours with his Two Houses of Parliament, as to give just Satisfaction not only concerning the Business of Ireland, but also for the settling of a Way for the Payment of the Publick Debts as well to the Scots and the City of London, as others. And as already he hath shewn a fair Way for the settling of the Militia, so he shall carefully endeavour in all other Particulars, that none shall have cause to complain for want of Security, whereby just jealousies may arise, to hinder the continuance of the desired Peace. And certainly this Proposition of a Personal Treaty could never have enter'd into his Majesty's Thoughts, if he had not resolv'd to make apparent to all the World, That the Publick Good and Peace of this Kingdom is far dearer to him than the respect of any particular Interest. Wherefore none can oppose this Motion, without a manifest Demonstration, That he particularly envies his Majesty should be the chief Authorin so blessed a Work, besides the declaring himself a direct: Opposer of the happy Peace of these Nations. To conclude, whosoever will not be ashamed that his fair and specious Protestations, should be brought to a true and Publick Test, and those who have a real Sense, and do truly commiserate the Miseries of their bleeding Country, let them speedily and chearfully embrace his Majesty's Proposition for his Personal Treaty at Westminster; which by the Blessing of God, will undoubtedly to these now-distracted Kingdoms restore the Happiness of a long-wish'd-for and lasting Peace. Given at the Court at Oxford, the29th Day of December, 1645.
But that these are Times wherein nothing is strange, it were a Thing much to be marvell'd at, what should cause this unparallel'd long Detention of his Majesty's Trumpet, sent with his Gracious Message of the 26th of December last; Peace being the only Subject of it, and his Majesty's Personal Treaty the Means proposed for it. And it were almost as great a Wonder, that his Majesty should be so long from enquiring after it, if that the hourly Expectation thereof had not in some measure satisfied his Impatience. But left his Majesty by his long Silence should condemn himself of Carelesness in that which so much concerns the Good of all his People, he thinks it high time to enquire after his said Trumpeter. For since all Men who pretend any Goodness must desire Peace, and that all Men know Treaties to be the best and most Christian way to procure it; and there being as little Question that his Majesty's Personal Presence in it is the likeliest Way to bring it to an happy Issue, he judges there must be some strange variety of Accidents, which causeth this most tedious Delay. Wherefore his Majesty earnestly desires to have a speedy Account of his former Message, the Subject; where of is Peace, and the Means his Personal Presence at Westminster; where the Government of the Church being settled as it was in the Times of the happy and glorious Reigns of Q Elizabeth and K James, and full Liberty for the Ease of their Consciences who will not communicate in that Service establish'd by Law, and likewise for the free and publick Use of the Directory (prescribed, and. by Command of the Two Houses of Parliament now practised in some Parts of the City of London) to such as shall desire to use the same; and all Forces being agreed to be disbanded, his Majesty will then forthwith (as he hath in his Message of the 29th of December last already offered) joyn with his two Houses of Parliament in settling some Way for the Payment of the publick Debts to his Scots Subjects, the City of London, and others. And his Majesty having proposed a fair Way for the settling of the Militia, which now by this long Delay seems not to be thought a sufficient Security: his Majesty (to shew how really he will employ himself at his coming to Westminster, for making this a lasting Peace, and taking away all Jealousies, how groundless soever) will endeavour upon Debate with his two Houses, so to dispose of it (as likewise of the Business of Ireland, as may give them and both Kingdoms Satisfaction. Not doubting also but to give good Contentment to his two Houses of Parliament in the choice of the Lord Admiral, the Officers of State, and others, if his two Houses by their ready Inclinations to peace, shall give him Encouragement thereunto.
Thus his Majesty having taken Occasion by his just Impatience so to explain his Intentions, that no Man can doubt of an happy Issue to this succeeding Treaty; if now there shall be so much as a Delay of the same, he calls God and the World to witness who they are that not only hinder but reject this Kingdom's future Happiness: It being so much the stranger, that his Majesty's coming to Westminster (which was first the greatest Pretence for taking up Arms) should be so much as delayed, much less not accepted, or refused. But his Majesty hopes that God will no longer suffer the Malice of wicked men to hinder the Peace of this too much afflicted Kingdom. Given at the Court at Oxford the 15th of January, 1645/6.
May it please your Majesty,
We your humble and loyal Subjects of both Kingdoms, have received your Letters of the 26th and 29th of December last; unto which we humbly return this Answer, That there hath been no Delay on our Parts, but what was necessary in a Business of so great a Consequence as is expressed in our former Letter to your Majesty. Concerning the Personal Treaty desired by your Majesty, there having been so much innocent Blood of your good Subjects shed in this War by your Majestys Commands and Commissions; Irish Rebels brought over into both Kingdoms, and Endeavours to bring over more into both of them, as also Forces from Foreign Parts; your Majesty being in Arms in these Parts, and the Prince in the Head of an Army in the West; divers Towns made Garrisons, and kept in Hostility against the Parliament of England; there being also Forces in Scotland against that Parliament and Kingdom by your Majesty's Commission; the War in Ireland somented and prolonged by your Majesty; whereby the Three Kingdoms are brought near to utter Ruin and Destruction: We conceive that until Satisfaction and Security be first given to both your Kingdoms, your Majesty's coming hither cannot be convenient, nor by us assented unto: Neither can we apprehend it a means conducing to Peace, that your Majesty should come to your Parliament for a few Days, with any Thoughts of leaving it, especially with intentions of returning to Hostility against it. And we do observe, That your Majesty desires the Engagement not only of your Parliaments, but of the Lord-Mayor, Aldermen, Common-Council, and Militia of the City of London, the Chief Commanders of Sir Tho. Fairfax's Army, and those of the Scots Army; which is against the Privileges and Honour of the Parliaments, those being joined with them, who are subject and subordinate to their Authority. As to. that which your Majesty (against the Freedom of the Parliaments) in forces in both your Letters with many earnest Expressions, as if in no other way than that propounded by your Majesty, the Peace of the Kingdoms could be established, your Majesty may please to remember, That in our last Letter we did declare that Propositions from both Kingdoms were speedily to be sent to your Majesty; which we conceive to be the only way for the Obtaining an happy and well grounded Peace; and your Majesty's Assent unto those Propositions will be an effectual means for giving Satisfaction and Security to your Kingdoms, will assure a firm Union between the Two Kingdoms (as much desired by each for other, as for themselves), and settle Religion, and secure the Peace of the Kingdom of Scotland, whereof neither is so much as mentioned in your Majesty's Letter. And in proceeding according to these just and necessary Grounds for the putting an End to the bleeding Calamities of these Nations, your Majesty may have the Glory to be a principal Instrument in so happy a Work, and we (however misinterpreted) shall approve ourselves to God and the World to be real and sincere in seeking a safe and well-grounded Peace.
To the Speaker of the House of Peers, &c, [Ut supra.]
His Majesty thinks not fit now to answer those Aspersions which are return'd as Arguments for his Non-Admittance to Westminster for a Personal Treaty, because it would enforce a Stile not suitable to his End, it being the Peace of these miserable Kingdoms: Yet this much he cannot but say to thase who have sent him this Answer, That if they had considered what they had done themselves in occasioning the shedding of so much innocent Blood, by withdrawing themselves from their Duty to him, in a Time when he had granted so much to his Subjects, and in violating the known Laws of the Kingdom to draw an exorbitant Power to themselves over their Fellow-Subjects, (to say no more, To do as they have done); they could not have given such a false Character of his Majesty's Actions. Wherefore his Majesty must now remember them, That having some Hours before his receiving of their last Paper of the 13th of January, sent another Message to them of the 15th, wherein by divers Particulars he enlarges himself, to shew the Reality of his Endeavours for Peace, by his. desired Personal Treaty (which he still conceives to be the likeliest Way to attain to that blessed End) he thinks fit by this Message to call for an Answer to that, and indeed to all the former: For certainly no Rational Man can think their last Paper can be any Answer to his former Demands; the Scope of it being, That because there is a War, therefore there should be no Treaty for Peace. And is it possible to expect that the Propositions mentioned should be the Grounds of a lasting Peace, when the Persons that sends them will not endure to hear their own King speak? But whatever the Success hath been of his Majesty's former Messages, or how small soever his Hopes are of a better, considering the high strain of those that deal with his Majesty, yet he will neither want Fatherly Bowels to his Subjects in general, nor will he forget that God hath appointed him for their King with whom he Treats: Wherefore he now demands a speedy Answer to his last and former Messages. Given at the Court at Oxon this 17th of January, 1645.
The procuring Peace to these Kingdoms by Treaty is so much desired by his Majesty, that no unjust Aspersions whatsoever, or any other Discouragements, shall make him desist from doing his Endeavour therein, until he shall see it altogether impossible; and therefore hath thought fitting so faronly to make Reply to that Paper or Answer which he hath received of the 13th of this Instant January, as may take away those Objections which are made against his Majesty's coming to Westminster; expecting still an Answer to his Messages of the 15th and 17th, which he hopes by this time have begotten better Thoughts and Resolutions in the Members of both Houses.
And first therefore, Whereas in the said last Paper it is objected as an Impediment to his Majesty's personal Treaty, That much innocent Blood hath been shed in this War by his Majestys Commissions, &c. he will not now dispute (it being apparent to all the World, by whom this Blood hath been spilt) but rather presseth that there should be no more: And to that End only he hath desired this Personal Treaty, as judging it the most immediate Means to abolish so many horrid Confusion in all his Kingdoms. And it is no Argument, to say that there shall be no such Personal Treaty, because there have been Wars; it being a strong Inducement to have such a Treaty, to put an end to the War.
2dly. That there should be no such Personal Treaty, because some of his Irish Subjects have repaired to his Assistance, seems an Argument altogether as strange as the other; as always urging, That there should be no Physick, because the Party is sick. And in this Particular it hath been often observed unto them, That these whom they call Irish, who have so expressed their Loyalty to their Sovereign, were indeed (for the most part) such English Protestants as had been formely sent into Ireland by the Two Houses, impossibilitated to stay there any longer, by the neglect of those that sent them thither, who should there have better provided for them. And for any Foreign Forces, it is too apparent that Their Armies have swarmed with them, when his Majesty hath had few or none.
And whereas for a Third Impediment it is alledged that the Prince is in the Head of an Army in the Weft, and that there are divers Garrisons still kept in his Majesty's Obedience, and that there are Forces in Scotland, it must be as much confess'd, as that yet there is no Peace: And therefore it is desired that by such a Personal Treaty all these Impediments may be removed. And it is not here amiss to put them in mind, how long since his Majesty did press a disbanding of all Forces on both Sides: The refusing whereof hath been the Cause of this Objection.
And whereas Exception is taken, that there is a Time limited in the Proposition for his Majesty's Personal Treaty, thereupon inferring that he should again return to Hostility, his Majesty protesteth that he seeks this Treaty to avoid future Hostility, and to procure a lasting Peace: And if he can meet with like Inclinations to Peace in those he desires to Treat with, he will bring such Affections and Resolutions in himself, as shall end all these unhappy bloody Differences.
As for those Engagements which his Majesty hath desired for his Security; whosoever shall call to mind the particular Occasions that enforced his Majesty to leave the City of London and Westminster, will judge his Demand very reasonable and necessary for his Safety. But he no way conceiveth how the Lord-Mayor, Aldermen, Common-Council, and Militia of London, were either subject or subordinate to that Authority which is alledged, as knowing neither Law nor Practice for it: And if the Two Armies be, he believes it is more than can be parallel'd by any former Times in this Kingdom. Nor can his Majesty understand how his Majesty's seeking of a Personal Security can be any Breach of Privilege, it being likely to be infringed by hindring his Majesty from coming freely to his Two Houses.
As for the Objection, That his Majesty omitted to mention the settling Religion, and securing the Peace of his Native Kingdom, his Majesty declares, That he conceives it was included in his former, and hath been particularly mentioned in his latter Message of the 15th present. But for their better Satisfaction, he again expresseth, that it was and ever shall be both his Meaning and Endeavour in his Treaty desired. And it seems to him very clear, That there is no way for a final ending of such Distractions as afflict this Kingdom, but either by Treaty or Conquest: The latter of which his Majesty hopes none will have the Impudence or Impiety to wish for: And for the former, if his Personal Assistance in it be not the most likely way, let any reasonable Man judge, when by that Means not only all unnecessary Delays shall be removed, but even the greatest Difficulties made easy. And therefore he doth now again earnestly insist upon that Proposition, expecting to have a better Answer upon mature Consideration. And can it be imagined that any Propositions will be so effectual, being formed before a Personal Treaty, as such as are framed and propounded upon a full Debate on both sides? Wherefore his Majesty, who is most concerned in the good of his People, and is most desirous to restore Peace and Happiness to his Three Kingdoms, doth again instantly desire an Answer to his said former Messages, to which he hath hitherto received none. Given at our Court at Oxon the 24th of January, 1645.
His Majesty having received Information from the Lord Lieutenant and council in Ireland, That the Earl of Glamorgan hath without his or their Directions or Privity, entred into a Treaty with some Commissioners on the Roman-Catholick Party there, and also drawn up and agreed unto certain Articles with the said Commissioners, highly derogatory to his Majesty's Honour and Royal Dignity, and most prejudicial unto the Protestant Religion and Church therein Ireland: Whereupon the said Earl of Glamorgan is arrested upon suspicion of High Treason and imprisoned by the said Lord Lieutenant and Council, at the Instance and by the Impeachment of the Lord Digby, who (by reason of his Place and former Employment in these Affairs) doth best know how contrary that proceeding of the said Earl hath been to his Majesty's Intentions and Directions; and what great Prejudice it might bring to his Affairs, if those Proceeding of the Earl of Glamorgan should be any ways understood to have been done by the Directions, Liking, or Approbation of his Majesty.
His Majesty having in his former Messages for a Personal Treaty offered to give Contentment to his two Houses in the Business of Ireland, hath now thought sitting, the better to shew his clear Intentions, and to give Satisfaction to his said Houses of Parliament, and the rest of his Subjects in all his Kingdoms, to send this Declaration to his said Houses, containing the whole Truth of the Business, which is, That the Earl of Glamorgan having made Offer unto him to raise Forces in the Kingdom of Ireland, and to conduct them into England for his Majesty's Service, had a Commission to that Purpose, and to that Purpose only. That he had no Commission at all to Treat of any thing else, without the Privity and Directions of the Lord Lieutenant, much less to capitulate any thing concerning Religion, or any Propriety belonging either to Church or Laity. That it clearly appears by the Lord Lieutenant's Proceedings with the said Earl, that he had no Notice at all of what the said Earl had treated and pretended to have Capitulated with the Irish, until by Accident it came to his Knowledge. And his Majesty doth protest, that until such Time as he had Advertisement that the Person of the said Earl of Glamorgan was Arrested and Restrained as is abovesaid, he never heard or had any kind of Notice that the said Earl had entered into any kind of Treaty or Capitulation with those Irish Commissioners, much less that he had concluded or signed those Articles, so destructive to the Church and State, and so repugnant to his Majesties publick Professions, and known Resolutions. And for the further Vindication of his Majesty's Honour and Intregity herein, he doth declare, That he is so far from considering any Thing contained in those Papers or Writings, framed by the said Earl and those Commissioners with whom he treated, as he doth absolutely disavow him therein, and hath given Commandment to the Lord Lieutenant and the Council there, to proceed against the said Earl as one who either out of Falseness, Presumption, or Folly, hath so hazarded the blemishing of his Majesty's Reputation with his good Subject, and so impertinently framed those Articles of his own Head, without the Content, Privity, or Directions of his Majesty, or the Lord Lieutenant, or any of his Majesty's Council there. But true it is, That for the necessary Preservation of his Majesty's Protestant Subjects in Ireland, whose case was daily represented unto him to be so desperate, he had given Commission to the Lord Lieutenant to treat and conclude such a Peace there, as might be for the Safety of that Crown, the Preservation of the Protestant Religion, and no way Derogatory to his own Honour and Publick Professions. But to the end his Majesty's real Intentions in this Business of Ireland may be the more clearly understood, and to give more ample Satisfaction to both Houses of Parliament, and the Commissioners of the Parliament of Scotland, especially concerning his Majesty's not being engaged in any Peace or Agreement there, he doth desire, if the Two Houses shall admit of his Majesty's Repair to London for a Personal Treaty (as was formerly proposed), That speedy Notice be given thereof to his Majesty, and a Pass or Safe Conduct with a Blank sent, for a Messenger to be immediately dispatch'd into Ireland, to prevent any Accident that may happen to hinder his Majesty's Resolution of leaving the managing the Business of Ireland wholly to the Two Houses, and to make no Peace there but with their Consent; which in case it shall please God to bless his Endeavours in the Treaty with Success, his Majesty doth hereby engage himself to do. And for a further Explanation of his Majesty's Intentions in his former Messages, he doth now declare, That if his Personal Repair to London, as aforesaid, shall be admitted, and a Peace thereon shall ensue, he will then leave the Nomination of the Persons to be intrusted with the Militia, wholly to his Two Houses, with such Power and Limitations as are expressed in the Paper delivered by his Majesty's Commissioners at Uxbridge, the 6th of February, 1644. for the Term of Seven Years, as hath been desired, to begin immediately after the Conclusion of the Peace, the disbanding of all the Forces on both sides, and the dismantling of the Garrisons erected since there present Troubles; so as at the Expiration of the Time before-mentioned, the Power of the Militia shall entirely revert and remain as before.
And for their further Security, his Majesty (the Peace succeeding) will be content, that pro bac vice, the Two Houses shall nominate the Admiral, Officers of State, and Judges, to hold their Places during Life, or Quam diu se benè gesserint, which shall be best liked, to be accountable to none but the King and the Two Houses of Parliament. As for matter of Religion, his Majesty doth further declare, That by the Liberty offered in his Message of the 15th present, for the case of their Consciences who will not communicate in the Service already establish'd by Act of Parliament in this Kingdom, he intends that all other Protestants behaving themselves peaceably in and towards the Civil Government, shall have the free Excercise of their Religion according to their own Way. And for the total removing of all Fears and Jealousies, his Majesty is willing to agree, That upon the Conclusion of Peace there shall be a general Act of Oblivion and Free Pardon pass'd by Acts of Parliament in both his Kingdoms respectively.
And left it should be imagined, that in making there Propositions, his Majesty's Kingdom of Scotland, and his Subjects there, have been forgotten or neglected, his Majesty declares, That what is here mentioned touching the Militia, and the naming of Officers of State, and Judges, shall likewise extend to his Kingdom of Scotland. And now his Majesty having so full and clearly expressed his Intentions and Desires of making a happy and well-grounded Peace; if any Person shall decline that Happiness by opposing so apparent a Way of attaining it, he will sufficiently demonstrate to all the World, his Intention and Design can be no other than the total Subversion and Change of the Ancient and Happy Government of this Kingdom, under which the Engish Nation hath so long flourished. Given at the Court at Oxford the 29 th of January, 1645.
His Majesty need so make no Excuse, tho' he sent no more Messages unto you; for he very well knows he ought not to do it, if he either stood upon Punctilio's of Honour, or his own private Interest; the one being already call'd in question by his often sending, and the other assuredly prejudg'd, it a Peace be concluded from that he hath already offered, he having thereby departed with many of his undoubted Rights. But nothing being equally dear to him to the Preservation of his People, his Majesty passeth by many Scruples, Neglects and Delays, and once more desires you to give him a speedy Answer to his last Message: for his Majesty believes it doth very well become him (after this very long Delay) at last to utter his Impatience, since that the Goods and Blood of his Subjects cries so much for Peace. Given at the Court at Oxford the 26th of February, 1645.
Notwithstanding the unexpected Silence, instead of Answer to his Majesty's many and Gracious Messages to both Houses, whereby it may appear that they desire to attain their own Ends by Force rather than Treaty; which may justly discourage his Majesty from any more Overtures of that kind; yet his Majesty conceives he shall be much wanting in his Duty to God, and in what he oweth to the Safety of his People, if he should not intend to prevent the great Inconveniences that may otherwise hinder a safe and wellgrounded Peace. His Majesty therefore now proposeth, That so he may have the Faith of both Houses of Parliament for the Preservation of his Honour, Person, and Estate; and that Liberty be given to all those who do and have adhered to his Majesty, to go to their own Houses, and there to live peaceably, enjoying their Estates, all Sequestrations being taken off, without being compell'd to take any Oath not enjoined by the undoubted Laws of the Kingdom, or being put to any other Molestation whatsoever; he will immediately disband all his Forces, and dismantle all his Garrisons; and being accompanied with his Royal, not his Martial Attendance, return to his Two Houses of Parliament, and there reside with them. And for the better Security of all his Majesty's Subjects, he proposeth. That he with his said Two Houses, immediately upon his coming to Westminster, will pass an Act of Oblivion and Free Pardon; and where his Majesty will further do whatsoever they will advise him, for the Good and Peace of this Kingdom. And as for the Kingdom of Scotland, his Majesty hath made no mention of it here, in regard of the great loss of Time which must now be spent in expecting an Answer from thence; but declares, That immediately upon his coming to Westminster, he will apply himself to give them all Satisfaction touching that Kingdom. If his Majesty could possibly doubt the Success of this Offer, he could use many Arguments to persuade them to it; but shall only insist upon that great One, of giving an instant Peace to these afflicted Kingdoms. Given at our Court at Oxford, the 23d of March, 1645.
Die Veneris, 20. Feb. 1645.
That there be forthwith a Choice made of Elders throughout the Kingdom of England, and Dominion of Wales in the respective Parish-Churches and Chapels, according to such Directions as have already passed both Houses, bearing Date the 19th of August, 1645. and since that Time. And all Classes, and Parochial Congregations respectively, are hereby authorized and required forthwith effectually to proceed therein accordingly.
Resolved, &c. That notice of the Election of Parochial and Congregational Elders, and of the Time when it shall be, be given by the Minister in the Publick Assembly the next Lord's Day but one before: And that on that said Lord's Day a Sermon be preached preparatory to that weighty Business.
Resolved, &c. That such Election shall be made by the Congregation, or the Major part of them then assembled, being such as have taken the National Covenant, and are not Persons under Age, nor Servants that have no Families.
An Ordinance of the Lords and Commons assembled in Parliament
The Lords and Commons assembled in Parliament, being very sensible of the great Duty which lieth upon them to settle Matters concerning Religion, and the Worship of Almighty God; and having continually before their Eyes the Covenant, which they have so solemnly taken for the performance thereof, and the manifold Motives and Encouragements thereunto, which are given them from God himself, by a special Hand of Providence, pouring forth daily Mercies upon them: In discharge of their Duty, and in pursuance of the said Covenant, and in Thankfulness to God for all his Mercies, having diligently applied themselves to that Work of his House by his Grace and Assistance, they have made some progress therein, notwithstanding the Exigency of other Affairs, accompanied oftentimes with great and imminent Dangers; and notwithstanding the great Difficulty of the Work itself in divers Respects, and particularly in the right jointing of what was to be settled with the Laws and Government of the Kingdom, the want whereof hath caused much Trouble in this and other States; yet by the merciful Assistance of God, having removed the Book of Common Prayer, with all its unnecessary and burden some Ceremonies, and established the Directory in the Room thereof, and having abolished the Prelatical Hierarchy by Archbishops, Bishops, and their Dependants, and instead thereof laid the Foundation of a Presbyterial Government in every Congregation, with Subordination to Classical, Provincial and National Assemblies, and of them all to the Parliament; Although it cannot be expected that a present Rule in every particular should be settled all at once, but that there will be need of Supplements and Additions, and haply also of Alterations in some things, as Experience shall bring to light the Necessity thereof; yet were the Fundamentals and Substantial parts of that Government long since settled in Persons by and over whom it was to be exercised and the nature, extent, and respective Subordination of their Power was limited, and defined; only concerning the Administration of the Sacrament of the Lords Supper, how all such Persons as were guilty of notorious and scandalous Offences, might be suspended from it, some Difficulty arising, not so much in the Matter itself, as in the Manner how it should be done, and who should be the Judges of the Offence: The Lords and Commons having it always in their Purpose and Intention, and it being accordingly declared and resolved by them, That all sorts of notorious scandalous Offenders should be suspended from the Sacrament; For the preventing of an indefinite and unlimited Power in the Elderships, they held it fit for the present, That the particular Cases of such scandalous Offences should be specified and enumerated, with express Declaration, That further Provision should be made by Authority of Parliament, for such Cases as were left out of the said Enumeration; which accordingly having since taken into their serious Consideration, and having had several Debates thereupon, as the Difficulty of the Matter required, which hath taken up much time, for the avoiding, as far as possible may be, all Arbitrary Power; and that all such Cases wherein Persons should be suspended from the Sacrament of the Lord's Supper, might be brought to the Cognizance, and pass the Judgment of the Parliament, who were bound in Justice as well to take care that none be injuriously detained from that Ordinance, as to give Power whereby such may be kept away who are unfit to partake therein: And to the Intent also that a full and speedy Course may be settled to enable the several Elderships to suspend all such Offenders from the Lord's Supper, without having recourse to the Parliament itself from all Parts of the Kingdom upon every such emergent Case, which might prove troublesome and tedious, and give liberty to such notorious and scandalous Offenders to communicate a long space in the said Ordinance: And to the intent likewise, that all such Cases coming first from the particular Elderships, may after they have passed the Judgment of Parliament, return again to all the several Elderships within the Kingdom, to proceed upon them from time to time in like manner as in the Cases enumerated. For the Ends and Purposes aforesaid, and also for Supply of some Defects in the former Ordinance and Directions of Parliament, concerning the Choice of Elders, and some other Matters:
I. Be it Ordained, That there be forthwith a Choice made of Elders throughout the Kingdom of England, and Dominion of Wales, in the respective Parish-Chrurches and Chapels, according to such Directions as have already passed both Houses, bearing date August the Nineteenth, One thousand six hundred forty and five, and since that time: And all Classes and Parochial Congregations are respectively hereby Authorized and required forthwith effectually to proceed therein accordingly.
II. That Notice of the Election of Parochial and Congregational Elders, and of the Time when it shall be, be given by the Ministers in the publick Assembly, the next Lord's Day but one before; and that on the said Lord's Day a Sermon be preached preparatory to that weighty Business.
III. That such Elections shall be made by the Congregation, or the Major part of them then assembled, being such as have taken the National Covenant, and are not Persons under Age, nor Servants that have no Families.
IV. That the Triers of Elections of Elders, shall have power to receive, hear, and determine all Exceptions brought into them concerning undue Elections; and to that End to call before them all such persons so elected, and accepting such Election, and to send for such Witnesses as shall be nominated unto them by such Persons as shall bring in such Exceptions, and shall have power to examine upon Oath, both the Persons bringing in such Exceptions, and the said Witnesses, concerning any undue Proceedings in the manner of the said Election, and concerning all matters of Ignorance or Scandal Objected against the Party elected, and expressed in any Ordinance of Parliament to be a sufficient cause of Suspension from the Sacrament of the Lord's Supper (and of which any Eldership by any Ordinance of Parliament hath Cognizance and Jurisdiction) and that shall be proved to have been committed within one whole Year before the Exceptions exhibited; and that the Persons against whom the Exceptions are taken, shall have like Liberty to produce Witnesses to be examined in like Manner on their behalf.
VI. That in Case the Election of any Elder of a Congregation; upon just Proof and Examination be found by the Triers appointed for that Purpose, to be unduly made; the said Triers may Order such Elder to be removed, and another to be chosen in his Place.
XI. That the Classical Assemblies in each Province shall assemble themselves within one Month after they shall be constituted and this Ordinance published, and shall thenceforth hold their Meetings Monthly by Adjournment, or oftner if need be, in such a certain Place as shall be most Convenient for the Ease of the People,
XIII. That all Persons guilty of notorious scandalous Offences, and more particularly all Renouncers of the true Protestant Religion, Professed in the Church of England; and all Persons that shall be Preaching or Writing maintain any such Errors as do subvert any of these Articles, the Ignorance whereof do render any Person excluded from the Sacrament of the Lord's Supper; and all Persons that shall make any Images or Pictures of the Trinity, or of any Person thereof, and all Persons in whom Malice appears, and they refuse to be reconciled, and the same appearing upon just Proof, all such Persons may be suspended from the Sacrament of the Lord's Supper.
XIV. That in every Province Persons shall be chosen by the Houses of Parliament, that shall be Commissioners to judge of scandalous Offences (not enumerated in any Ordinance of Parliament) to them presented: And that the Eldership of that Congregation where the said Offence was Committed, shall upon Examination and Proof of such scandalous Offence (in like manner as is to be done in the Offences enumerated) certify the same to the Commissioners, together with the Proof taken before them; and before the said Certificate, the Party accused shall have Liberty to make such Defence as he shall think fit before the said Eldership, and also before the Commissioners, before any Certificate shall be made to the Parliament. And if the said Commissioners after Examination of all Parties, shall determine the Offence so presented and proved, to be scandalous, and the same shall certify to the Congregation, the Eldership thereof may suspend such Person from the Sacrament of the Lord's Supper, in like manner as in Cases enumerated in any Ordinance of Parliament.
XV. That such Persons as shall be chosen for Commissioners to judge of notorious and scandalous Offences as aforesaid, shall be Men of good understanding in matters of Religion, found in the Faith, prudent, discreet, grave, and of unblameable Conversation, and such as do usually receive the Sacrament of the Lord's Supper, as Members of a Presbyterial Congregation.
XVI. That if any Person shall commit any scandalous Offence (not enumerated in any Ordinance of Parliament) upon the Day of the Administration of the Sacrament of the Lord's Supper, in the Face of the Congregation after it is assembled, the Minister of that Congregation may forbear to administer the Sacrament to such a Person for that Time; and he shall within eight Days after certify the said Offence and Forbearance unto the Commissioners aforesaid; and upon Certificate so made, the said Commissioners shall proceed thereupon as in other Cases not enumerated, and shall make Certificate of the Case or Cases, with their Opinions, to both Houses of Parliament with all speed: And thereupon the Parliament shall proceed to a final Determination of the Case, and send the same Determination thereof to the Parish where such Offence shall have been committed: And as often as the like Case shall fall out in any Congregation, the Eldership thereof having Notice of such Determination, shall proceed thereupon as in Case of Offences enumerated in any Ordinance of Parliament.
XV1I. That the said Commissioners upon Notice given to them, or any two of them, of any Case of Scandal befallen (whereof they ought to have Cognizance by virtue of any Ordinance of Parliament) shall assemble themselves in such certain Place within that Province, as may be most convenient for the ease of the People: And thereof shall give timely Notice to the Ministers of that Province whereof they are Commissioners, and being met shall adjourn their Meeting from time to time, for such time as the Case shall require.
XVIII. That the Eldership of each Congregation, or the Major part of them, as also the Classis of each Province, or Major part of them, and also the Provincial Commissioners, or the Major part of them, after they shall be assembled, shall have power by Warrant under their Hands (in all Cases whereof they have Cognizance by any Ordinance of Parliament) to covent before them all Persons against whom any Complaint shall be brought by virtue of any such Ordinance, for the Discovery of the Truth of such Complaint: And in Case any such Person shall refuse to appear, not being a Peer of this Realm, Member of the House of Commons, or Assistant of the House of Peers, or Officer of either of the Houses of Parliament, then upon Complaint made to the next Justice of the Peace, the Party refusing shall be brought before him; and in Case of obstinate persisting, shall be committed by the said Justice of Peace till he submit to Order.
XIX. That if any Member of a Congregation shall, by virtue of any Ordinance of Parliament, for any Offence of Scandal be suspended from the Sacrament of the Lord's Supper; and being so suspended, shall offer himself to any other Congregation to receive the Sacrament of the Lord's Supper together with them, such Congregation having Notice of such Suspension, shall nor, without Certificate from the Congregation whereof he is a Member, admit him unto the Sacrament.
XX. That any Minister of a Congregation may be suspended from giving or receiving, and any Elder from receiving the Sacrament of the Lord's Supper, for the same Causes, and in the same Manner, and have the like Benefit of Appeal, as any other Person may by any Ordinance of Parliament. And after such Suspension of the Elder from the Sacrament, the Elder so suspended shall not execute that Office during his Suspension, until the Appeal be determined; and if upon Appeal the Suspension appear to have been just, then another to be chosen in his Place.
XXI. That in all Cases of Appeal to the Classical, Provincial, or National Assembly, they shall have power respectively to proceed thereupon by Examination of Witnesses and otherwise, in such manner as the Congregational Eldership from which the Appeal ariseth are enabled to do by any Ordinance of Parliament, and shall certify their Proceedings unto the said Eldership.
XXII. That in Case of such Suspension of any Minister, the Classis whereunto the said Congregation doth belong, shall appoint some fit Person or Persons for the supply of such Place during the Suspension, and shall have Power to allow convenient Maintenance for that End, out of the Profits belonging to the Minister so Suspended; and have hereby Power to sequester and employ the same for that Purpose.
XXIII. That in all Cases of Suspension of any Person from the Sacrament, the Party suspended (upon Manifestation of his or her Repentance before the Eldership by whom the Party was suspended) shall be admitted again unto the Sacrament of the Lord's Supper, and the Suspension thenceforth shall be void.
Provided, That if the said Commissioners, or any two of them, shall not determine the Case so Certified as aforesaid from them to the Eldership, within six Weeks after the Certificate to them made, the Party is hereby enjoined to forbear coming to the Sacrament, until the Cause shall be determined, or until he give Satisfaction to the Eldership.