Historical Collections of Private Passages of State: Volume 6, 1645-47. Originally published by D Browne, London, 1722.
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Transactions with the Scots, touching the Removal of their Forces out England, and the Disposal of his Majesty's Person, and other intervening Occurrences, to the, bringing of his Majesty to Holmby-House.
The same Principles of Brotherly Affection which did induce both, Kingdoms to a Conjunction of their Councils and Forces in this Cause, move us at this time to apply our selves to the most real and effectual ways, which tend to a speedy Conclusion and amicable Parting, and to the prevention of Misunderstandings between the Kingdoms in any of these things, which peradventure our common Enemies look upon with much joy, as occasions of Differences. For this end we have not taken notice of the many base Calumnies and execrable Aspersions cast upon the Kingdom of Scotland in printed Pamphlets, and otherwise; expecting from the Justice and Wisdom of the Honourable Houses, that they will of themselves take such course for the vindication of our Nation and Army, as the Estates of Scotland have shewed themselves ready to do for them in the like case.
Upon the Invitation of both Houses, the Kingdom of Scotland did chearfully undertake, and hath faithfully managed their Assistance to this Kingdom, pursuance of the ends express'd in the Covenant: And the Forces of the common Enemy being (by the blessing of God upon the joint Endeavours of both Kingdoms) now broken and subdued; a foundation being also laid, and some good progress made in the Reformation of Religion, which we trust the Honourable Houses will, according to the Covenant, sincerely, really, and constantly prosecute till it be perfected: That we may manifest to the Consciences of our Brethren, and to all the World, how far it is, and ever was, from the thoughts and intentions of the Kingdom of Scotland, to make use of their Army in this Kingdom to any other Ends besides these express'd in the Covenant; and how much they desire the preserving and perpetuating of Peace and Amity between the Kingdoms, and the easing of the Burdens and Pressures of this Nation; we do in their Name declare, that they are willing forthwith to surrender the Garisons possessed by them in this Kingdom (which they did keep for no other End but the Safety and Security of their Forces) and without delay to recall their Army; reasonable Satisfaction being given for their Pains, Hazards, Charges, and Sufferings; whereof a competent Proportion to be presently paid to the Army before their disbanding, and Security to be given for the Remainder, at such times hereafter as shall be mutually agreed on.
If any Forces shall be kept on foot in either Kingdom, we desire that they be put under the Command of such persons as are known to be zealous for Reformation and Uniformity in Religion, and most tender of the Peace of the Kingdoms, and against whom neither of the Kingdoms may have any just grounds of Jealousy. And whereas the Kingdom of Scotland hath been invaded, and is still invested by Forces from Ireland, it is expected that the Honourable Houses, according to the large Treaty, will give such Assistance and Supply to the Kingdom of Scotland, as may speedily reduce those Rebels to obedience. And to the end there may in all things be a good understanding between the Kingdoms, we further propose, That whereas Propositions for a safe and well-grounded Peace have been lately sent to the King in the Name of both Kingdoms, and for obtaining his Majesty's Consent thereunto, the utmost Endeavours of the Kingdom of Scotland have not been wanting, as may appear by the many Addresses, Petitions, and Solicitations to that end, from the Army, the Lords of his Majesty's Privy-Council, the Committees of Estates, and the General Assembly of the Church; the Success whereof hath not answered our Wishes and Hopes, his Majesty (to our unspeakable grief) not having yet agreed to the Propositions: We desire that the Honourable Houses may be pleased to take such course, as by the joint Advice of both Kingdoms, engaged in the same Cause, labouring under the same Dangers, and aiming at the same Ends, we may consult and resolve what is next to be done for the Peace and Safety of these Kingdoms, both in relation to his Majesty, and each Kingdom to the other; being confident that the result of our joint Consultations will be such as shall provide for the present and future Security of the Kingdoms, and strengthen their Union between themselves.
The Lords returned the Scots Commissioners Thanks, and the next day communicated the said Paper to the Commons at a Conference; and the day following, the House of Commons taking the same into Consideration, ordered, That the Sum of a Hundred thousand Pounds mould be provided for the Advance of the Scots Army into Scotland; and voted, That the House did very well and thankfully approve of their good Affections and Zeal to this Kingdom, and their Offer to deliver up on Garisons, and depart the Kingdom: As also that their Arrears should be Audited, and in convenient time paid, according to the large Treaty; and ordered a Committee to acquaint the Scotch Commissioners with these Votes.
The Scots Commissioners in a Letter to the House of Commons, delivered in an Account of the Arrears of their Army The Substance of which, together with the Estimate of the House of Commons of Moneys paid unto them, the Exceptions of the Scots to that Estimate, the Parliament's Exceptions to their Account, and the Scots Reply for Satisfaction, take as follows.
The Scots do demand about Two Millions from the 18th of January, 1643/4, to the 18th of September, 1646. having brought into this Kingdom 1800 Foot, 2ooo Horse, and 1000 Dragoons: And acknowledge to have received near 700000l. in Moneys, Provisions, Assesments, Quarters, and otherwise.
1. For the Sum of 87415l. 6s 8d. laid out for the Train of Artillery, the House of Commons do conceive it is to be done at the same Rate as if it had been raised for the use of the Kingdom of Scotland.
2. For the Sum of 30000l. and 330000l. it is provide ! by the Fifth Article in the Treaty. That if the Scots have just Cause to demand further Satisfaction from the Parliament of England, that then they have Satisfaction from them, when this Demand appeareth just.
3. For the Sums of 40000l. and 120000l. for the Lord Calendar's Army altho' they were invited by the Parliament, yet no Establishment was settled; and moreover it is urged, that their Number did not increase the Army of General Leven above the Number of 21000 Men effective.
4. The 60000l. for Interest is excepted against by the Parliament, because the Moneys from them, with Free Quarter and Billet, and other Moneys from time to time, supplied their Pay in season, according to the Treaty.
1. That the Charges of the levying and bringing together the Forces, with the Train of Artillery, Was at the same Rate as if the Kingdom of Scotland had raised the Army for their own Affairs. The Charges were delivered to the English Commissioners, who did acquaint the House of Commons with it. It cannot be expected that the Kingdom of Scotland should entertain an Army for England at lower Rates than if it had been raised for their own Affairs: Moreover, it being in the Winter-Season when the Army was levied, it was the more chargeable, so that every Soldier had over and above the Publick Allowance 10 s. a man, which is not at all charged in the Account.
2. The Kingdom of Scotland did accept of 30000l. to be paid by the Month, and would demand no more for the present, in regard of the great Burtbens of the Kingdom of England; and superseded the rest till the Peace of the Two Kingdoms was setled: It being provided by a general Clause in the Fifth Article in the Treaty, That the Kingdom of England shall make due Recompence to the Kingdom of Scotland, by way of Brotherly Assistance for what they shall have just Cause to demand. And the Justice of their Demand will appear very reasonable, when compared to the meanest Rates of any Army in England, or the Scots Army in Ireland; according to which the Committee of both Houses did offer to pay this Army, in their Paper delivered to the Convention of the States of Scotland, Aug. 19. Anno 1643.
3. The Earl. of Calendar's Army was invited into this Kingdom by both Houses, who therefore cannot in Justice refuse to pay them. And whereas it is alleged that the Number of the Earl of Calendar's Army did not increase the Earl of Leven's above the Number of 21000 Men; it was often desired that a Muster of them might have been taken by the Honourable Houses, when both Armies were in England; which not being done, they cannot but admit the Musters taken by such as are intrusted by the Kingdom of Scotland for that purpose, and that in the strictest Way there used. Besides the Forces of the Earl of Calendar were not called in as Recruits, but as a distinct Army, composed of their own Regiments, as a General and other Officers, with a Train of Artillery, to block up Newcastle, whilst the Army commanded by the Earl of Leven was lying before York
4. The Money paid by the Parliament, and the Free Quarters taken by the Scots being reckoned, the Committee residing with them are able to make it appear that a greater Sum is due for Interest, than hath been demanded.
However, the Scots offered, That they would be content to accept of a Sum in Gross for a full Discharge of their Arrears; whereupon the House of Commons ordered a Committee to Treat with the Scots Commissioners, to know what Sum they demand in Gross, and how much thereof they desire upon their Advance, and when the other, and at what time of Payment.
Which Committee the next day reported to the House, That the Scots Commissioners desired 500000l. whereof 300000l. to be paid upon the Advance of their Army, and the other 200000l. at the end of Twelve Months: But in respect of the present Necessity of this Kingdom, they would be content with the least proportion that might supply the Necessities, and give Satisfaction to their Army; and therefore would accept of 200000l. at their Advance out of the Kingdom, and the other 300000l. at the end of Twelve Months as aforesaid.
The Commons took into Consideration these Demands of the Scots; and after a hot and tedious Debate (which lasted almost the whole day) they pass'd a Vote, That the Sum of 200000l. should be advanc'd for the Scots Army, according to the desire of the Scots Commissioners; viz. 100000l. to be paid at the Advance of the Scotish Forces out of this Kingdom; and the other 100000l. to be paid by 50000l. at a time, viz. 50000l. within Three Months after Payment of the first 100000l. and the other 50000l. to be paid at Nine Months after the second Payment. And for more certainty, the House declared and ordered, That the first 100000l. should be paid by the 18th of September next. And that for the remaining 300000l. demanded, the Scots shall have the Publick Faith of this Kingdom for the Payment thereof, deducting out of the same the Accounts of the Country for their Free Quarter; and that the Commissioners of Scotland should be desired to appoint the Place for Payment of the first 100000l.
Then the House took into Consideration how and by what means these Great Sums should be raised; and referred it to the Committee of Goldsmiths Hall to Treat with the several Companies of the City of London, and others, for the present Advance of 100000l. and to propound Securities for Repayment.
Upon further Debate touching Satisfaction for the Scots, after much time spent therein by the House of Commons, the Question was put for 200000l. more than what was formerly ordered them but the same being carried in the Negative, the Question was then put for 100000l. more, and agreed unto, and the Scots Commissioners ordered to be made acquainted therewith.
But the said Commissioners on the 1st of September presenting to the House a Paper, earnestly pressing that 400000l. might be allowed them in Gross; whereof 200000l. to be paid them in Newcastle before their Retreat into their own Kingdom, and the other 200000l. more at convenient times: The House spent much time in Debate thereof; and at last concluded to allow them the said Sum of 400000l. in Gross; and therefore voted that the Sum of 100000l. besides the 300000l. formerly voted, shall be advanced for the Scotish Army: But for the time of Payment, adhered to their former Votes; viz. That the first 100000l. should be paid before the Scots going; another 100000l. at Two Payments, Three Months, and Nine Months after; then 100000l. at Nine Months more; and this last 100000l. at Twelve Months after that.
The Scots Commissioners gave in a Paper of Reasons, why their Army could not advance into their own Kingdom, or leave their Quarters in England, without 200000l. were presently paid them: And the House of Commons having debated the same, voted they should have so much at present, if it could be raised; and to that purpose ordered that a Common-Council should be called in London on Monday next; and a Committee was appointed to go thither then, and desire the Citizens to advance the said Sum; which was done accordingly, and the Excise, Delinquents Lands, and Bishops Lands, were proposed as Security for the Repayment of the said Money; for which end a Committee of the Common-Council was nominated to meet and treat with the said Committee of the House of Commons touching that matter: And on Wednesday Sept. 9. the Common-Council delivered their Answer is, writing in. these words:
That they having received a Message from the Honourable House of Commons, concerning the speedy Advance of 200000l. they humbly conceive the best way for the advancing thereof, will be, That such as have formerly contributed upon the Propositions for Horse, Moneys and Plate, may advance the like Sum upon this Proposition, and be secured for both Sums with Interest at 8 l. per Cent. out of the Receipts of the Grand Excise in course, and the Sale of Bishops Lands: Which Expedient if the Honourable House shall think fit to agree to, then they will use their Endeavours for the speedy Advance of the said 200000 l. Which the House of Commons accepted, and returned the Common-Council Thanks.
About the beginning of this Month of September, Commissioners were sent from the Estates of Scotland to the King at Newcastle, to persuade his Majesty to sign the Propositions lately tender'd to him [and herein before recited] and take the Covenant; viz Duke Hamilton (who having been released of his Imprisonment in St. Michael's Mount in Cornwal, upon the Parliaments's taking of that Place, had repaired to the King at Newcastle in July, and seemed to be kindly received, (his Brother the Earl of Lanerick having lately been made Secretary of State for the Kingdom of Scotland ) and from thence went to Scotland the Earl of Crawford, the Earl of Casils, the Lord Lindsey, the Lord Balmerine, Three Barons, and Three Burgesses: They pressed the King with many Arguments, to which the King returned this Answer in writing under his own hand.
I Shall begin, by answering what you have now said: For I assure you I had not thus long delay'd my Answer, but to weigh fully those Reasons and Arguments which you have laid before me, whereby to use the uttermost of my Endeavours to give you all possible Satisfaction; for you having told me nothing but what I have heard before, the Change of Answer could hardly be expected. And now I do earnestly desire you to consider what it is that I desire, which is, To be heard; which if a King should refuse to any of his Subjects, he would for that be thought a Tyrant. For this, if I had but slight Reasons, it were the less to be regarded; but they are such, upon which such a Peace as we all desire, doth depend: For albeit it is possible, that if I should grant all you desire, a Peace might be slubber'd up, yet it is impossible that it should be durable, unless there be a right understanding betwixt Me and my People; which cannot be without granting what I desire.
Yet I desire to be rightly understood; for tho' many like to Æesop's Fable will call Ears Horns, yet let Men say what they will, I am far from giving you a Negative, nay, I protest against it, my only desire being to be heard; For I am confident that upon Debate I shall so satisfy them in some things, as likewise I believe they may satisfy me in many things, that we shall come to a most happy Agreement. This I believe is not much needful to satisfy your Judgments; for I am not ignorant how really your Commissioners at London have endeavoured a Satisfactory Answer to my Message, as likewise What good Instructions have been sent them out of Scotland; so that the Force of Power more than the Force of Reason, hath made you so instant with me as you have been; with which I am so far from finding fault, that what you have done, I take well, knowing that it proceeds out of the abundance of your Zeal to my Service: Therefore as you see I do not mistake you, so I am careful not to be mistaken by you; wherefore again I desire you to take notice, that I do not give a Denial, my desire being only to be heard; as likewise that you will take things as they are, since neither you nor I can have them as we would; wherefore let us make the best of every thing, and now as you have fully performed your Duty to me, so I cannot doubt but you will continue to press those at London to hear Reason: And certainly you can expect little fair dealing from those who shall reject so much Reason, and of that sort, which you have, and I hope will offer them. Not to stay too long upon so unpleasing a Subject, I assure you, that nothing but the Preservation of That which is dearer to me than my Life, could have hinder'd me from giving you full Satisfaction: For upon my word, all the Dangers and Inconveniencies which you have laid before me, do not so much trouble me, as that I should not give full Satisfaction to the Desires of my Native Country, especially being so earnestly press'd upon me: And yet here again I must tell you (for in this case Repetitions are not impertinent) that I do not give you a Denial, nay I protest against it; and remember, it is your King that desires to be heard.
'Tis a very great Grief to me, that what I spoke to you yesterday, and offer'd to you in writing, concerning Religion, hath given so little Satisfaction: Yet left the Reasons I then told you, should not be so fully understood, I think it necessary at this time to set them down to you in this Paper: I then told you, that whatsoever was my particular Opinion, I did no ways intend to persuade you to do any thing against your Covenant; wherefore I desire you to consider, whether it be not a great step to your Reformation (which I take to be the chief End of your Covenant) that Presbyterial Government be legally setled. It is true, that I desire that my own Conscience, and those that are of the same Opinion with me, might be preserved, which I confess doth not as yet totally take away Episcopal Government; but then consider withal, that this will take away all the Superstitious Sects and Heresies of the Papists and Independents; to which you are no less obliged by your Covenant, than the taking away of Episcopacy: And this that I demand is most likely to be but Temporary; for if it be so clear as you believe, that Episcopacy is unlawful, I doubt not but God will so enlighten mine Eyes, that I shall soon perceive it; and then I promise you to concur with you fully in matters of Religion: But I am sure you cannot imagine that there is any hope of converting or silencing the Independent Party, which undoubtedly will get a Toleration in Religion from the Parliament of England, unless you join with me, and in that way I have set down for the Re-establishing my Crown, or at least that you do not press me to do this (which is yet against my Conscience) until I may do it without sinning: Which as I am confident none of you will persuade me to do, so I hope you have so much Charity, not to put things to such a desperate Issue, as to hazard the loss of us all, because for the present you cannot have full Satisfaction from me in point of Religion: Not considering, that besides the rest of the Mischiefs which may happen, it will infallibly set up the innumerable Sects of the Independents; nothing being more against your Covenant, than permitting of those Schisms to increase. As for the Message which I think fit at this time to send, I have chosen rather to mention the Point of Religion a general than particular way, left (not knowing all these Reasons which have set down to you, which are most unfit for a Message) it may give less Satisfaction than I desire: Nevertheless I do conjure you, by that Love and Loyalty you have always professed unto me, That you make use of what I offered yesterday in writing, with these Reasons which I have now set down to you, and those further Hopes I have now given you, for the best advantages of my Service; with this particular Explanation, That whereas I mentioned that the Church-Government should be left to my Conscience, and those of my Opinion, I shall be content to restrict it to some few Diocesses as Oxford, Winchester, Bristol, Bath and Wells, and Exeter; leaving all the rest of England fully to the Presbyterian Government, with the strictest Clauses you shall think upon, against Papists and Independents.
I require you to give a particular and full Account hereof to the General Assembly in Scotland, shewing them that I shall punctually make good my last Letter to them, and that this is a very great step to the Reformation desired, not only by the present putting down all Sects and Independents, but likewise presently establishing Presbyterian Government; hoping that they, as Minsters of God's Word, will not press upon me untimously the matter of Church-Government and Discipline, until I may have leisure to be so persuaded, that I may comply with what they desire, without Breach of Conscience, which I am confident they as Church-men cannot press me to do.
Some time after this, Duke Hamilton being gone back into Scotland, and having Intentions to go beyond Sea, his Majesty wrote him the following Letter to dissuade him: Which because it also discovers something of his Majesty's Resolutions in that Juncture, I shall here add the same.
I have so much to write, and so little time for it, that this Letter will be suitable to the Times, without Method, or Reason, and yet you will find lusty Truths in it, which puts me again out of Fashion, but the fitter for him to whom I write. Now to my business; but left I should now forget it, I must first tell you, That those at London think to get me into their hands, by telling our Countrymen, that they do not intend to make me a Prisoner: O no, by no means! but only to give me an Honourable Guard, forsooth, to attend me continually, for the Security of my Person: Wherefore I must tell you (and tis so far from a Secret, that I desire every one should know it, only for the way, I leave it to you to manage it for my best advantage) that I will not be left in England when this Army retires, and these Garisons are render'd (without a visible violent Force upon my Person) unless clearly, and according to the old way of understanding, I may remain a Freeman, and that no Attendant be forced upon me, upon any pretence whatsoever. So much for that.
A Discourse yesternight with Robert Murray, was the Cause of this Letter, having no such Intention before, because I esteemed you a Man no more of this part of the World, believing your Resolutions to be like the Laws of the Medes and Persians. But however he shewed me such Reasons, that I found it fit to do what I am doing (for I confess one Man's Error is no just Excuse for another's Omission) which is to stay your Foreign Journey by persuasion. As for the Arguments, I refer you to Robin; only I will undertake to tell you some positive Truths; the chief whereof is, That it is not fit for you to do; then, It is less shame to recant, than to persist in an Error; my last is, By going, you take away from me the means of shewing my self,
The Earl of Essex departed this Life at Essex-House in the Strand; of which the Two Houses having notice the next day, they both adjourn'd immediately to the next day, and ordered that each House should accompany the Earl's Corps to the Grave, and assist at the Celebration of his Funeral Rites, towards which they order'd 5000 l. to be paid to his Executors for defraying the Charges thereof; which was celebrated with extraordinary State on the 22 d. of October. Mr. Vines preach'd the Funeral Sermon.
- 1. That whatsoever Consultation and Debate the Scots Commissioners should have concerning his Majesty's Person, the same should not any ways impede the March of the Scots Armies out of this Kingdom, nor violate or trench upon the Treaties between both Nations.
- 2. That his Majesty shall be disposed of as both Houses of the Parliament of England shall think fit.
And afterwards ordered, That these Votes should be communicated to the Scots Commissioners; who pretending to a Joint Right of disposing of his Majesty's Person, a Committee of both Houses was appointed to Treat with them about it, who had sundry Conferences thereupon: At which the Earl of Lowden, Chancellor of Scotland, made the following Speeches.
My Lords and Gentlemen,
The end of this Conference is to advise what is fit to be done for the Peace and Security of the Kingdom, in relation to the King, and how to dispose of his Majesty's Person; which is a matter very ticklish and of most high concernment; and they who would build very high, must dig very low for a firm Foundation: And therefore I shall make bold to desire, That whatever we resolve upon concerning the King's Majesty, it may be done by joint Advice and Consent of both Kingdoms; and that the Unity between the Kingdoms may be inviolably preserved, as that wherein (next to God's Protection) the chief Strength of both lies, Which would be laid as a ground of our future Debates. And because the purpose we are to speak of is very grave and serious, I shall speak of it with that Sincerity, as I wish my words were written with the Beams of the Sun, and registred to Posterity, that all the World might see the Candor and Integrity of our Proceedings towards the King and our Brethren of England. And (as I had occasion once to express in this place) so do I now say, That no Man hath Conscience nor Honour, who will not remember our solemn League and Covenant, as the strongest Bond under Heaven between God and Man, between Man and Man, and between Nation and Nation; in which our Unity is founded upon Verity, in a threefold relation, to God, to the King, and amongst our selves. The first is the greatest, and ascends as high as Heaven; for Religion, which has its Name a Religando, unites us to God himself; and so long as he is in league with us, we need not fear who be against us. Let us therefore hold fast our Unity in Religion, and beware of Toleration of all Religion, which is the ready way to have none; for there is nothing more Divine in God than Unity, and nothing more Diabolical in the Devil than Division; who therefore is known to the Vulgar by his Cloven Foot to be the Spirit of Division.
The next ground and relation of our Unity, is with the King, to whom we are bound (in the strictest bonds of Loyal Subjection) by our Allegiance and Covenant, as to one Head and Monarchy; and therefore the faithful Endeavours of both Kingdoms should (without wearying) be constantly contributed, that we may be united to him by a happy and just Peace: For if one of the Kingdoms shall cast off the King, and the other have a King, if the one shall make Peace with the King, and the other not make Peace, but be still at variance with him, it is to be feared that no human Wit nor Policy will be able to keep the Two Kingdoms long without a Rupture: And if it please God so to incline the King's Heart, and direct the Wisdom of the Parliaments, as that the King and we could make a happy Agreement, no Power nor Policy can be able to divide us for, Qui conveniunt uni tertio, conveniunt inter se.
The third ground and relation of our Unity, is the Conjunction of the Two Kingdoms, which hath been acknowledged to be so necessary and useful to both, that they have often declared, they would stand and fall, and (like Hippocrates Twins) live and dye together. And therefore, as we regard our Solemn Covenant with God Almighty, and tender the landing and Safety of the Kingdoms, let us (with one heart and mind) join our Counsels and Actions, that whatsoever we resolve upon for our common Peace and Security in relation to the King, and of each Kingdom to other, that it be done in Zeal to Religion, in Loyalty to the King, and with Unanimity amongst our selves. And as the Pythagoreans did note the number of Two with the mark of Infamy, as being the first Number that durst part from Unity; so, which soever of the Kingdoms shall first violate the Unity which is bound up in cur Covenant, may apply it to themselves: But if we shall adhere to that Unity which is builded upon the firm Foundation of Verity, in our relations to Religion, the King, and amongst our selves, it will be a Threefold Cord, which is not easily broken: and our Unity, I hope, shall be turned into an Identity, both Kingdoms may be perfectly one.
Having thus in the first place laid a ground for Unity of Counsels and Resolutions I shall in the next place humbly desire and protest, That whatever may be our Proportions or Debates concerning the King, it be not misconstrued, as if one of the Kingdoms were imposing Conditions upon the other, or that we are absolutely wedded to any one desire more than to another; but that (all several ways being amicably debated and rightly ponder'd,) that which may serve most for the Safety, Security, and Happiness of the King and both Kingdoms, may be gravely resolved upon. And now I come to the Question it self, concerning the disposing of his Majesty's Person; first, Negatively, and then Positively. Negatively, the Question is not of the Power and Authority of the Houses of Parliament in disposing of any Person, or judging of any Case which is of single concernment to England: Nor is the Question how the King's Person may be disposed of de facto, by any one of the Kingdoms neither is the Question properly de jure & posse, but de esse, & bene esse: And as it is neither good Logick nor good Divinity to argue a posse adesse: so sure I am, in this case it is far worse Policy for either Kingdom, to dispute what they may do in the height of their Power, when both are consulting what is fittest to be done for the Peace and Security of both. And the relation of both Kingdoms to his Majesty, and of each Kingdom to other being rightly considered, as he is King to both, as both are Subjects to him, as both are engaged in the same Cause, and have been in the same War, and are labouring under the same Danger, are seeking the same Remedies, and should have the same Security; we do hold that the disposing of the King's Person doth not properly belong to any one of the Kingdoms, but jointly to both. And after Scotland hath suffered the Heat of the Day, and Winters Cold, have forsaken their own Peace for love of their Brethren, have set their own House on fire to quench theirs; after so much Expence of their Blood in all the Three Kingdoms, after we have gone along with you in all the Hardship of this War; and (without vanity be it spoken) have been so useful in this Cause; and that the King hath cast himself into the hands of the Scotish Army, and that by the blessing of God upon the joint Endeavours of both Kingdoms we are come to the harbour of a Peace; we cannot expect that the Honourable Houses will think it agreeable with Conscience or Honour, or with the Justice of the Houses, that the Person of the King should be disposed of by them as they shall think sit, or by any one of the Kingdoms alone; but that whatever shall be resolved in this, may be done by joint Advice of both, as may serve most for the Peace, Security, and Happiness of both Kingdoms.
At our last meeting in this Conference, your Lordships did assert the Vote of the Houses, That the Person of the King should be disposed on as the Two Houses shall think sit; and we did hold, That the King, who is the Head and Monarch of both Kingdoms, ought not to be disposed any one of the Kingdoms, but by joint Advice of both, as might serve most for the Peace, Happiness, and Security of his Majesty and both Kingdoms; which we fortified with several Arguments from the Interests and Relations which both Kingdoms have equally to the King, and from the Covenant and Treaty between the Kingdoms, as the best way to preserve our Unity. But since your Lordships do adhere to the Vote of the Houses, as that which you cannot part from, we do humbly desire, that your Lordships may be pleased (in time convenient, at the close of this Conference) to report the difference of our Judgment to the Honourable Houses, who upon better Reasons both may, and (we hope) will take their Vote into further Consideration: And so with reservation of our Judgment, that the disposing of his Majesty's Person doth belong to both, and not to anyone of the Kingdoms, especially in such a Juncture of Affairs, as both Kingdoms stand engaged in this Cause; I shall descend particularly how the King's Person should be disposed of, to the best advantage of both Kingdoms, and for attaining such a happy Peace as all good Men should desire. But left we should walk in the dark upon obscurity of ambiguous words, I shall desire that the word of disposing of the King's person may be rightly understood, and the true sense of it may be clearly known: for, Dolus versatar in universalibus. For, To dispose of the King's Person as both Houses, or both Kingdoms shall think fit, may in some sense be to depose, or worse: But because the word [Dispose] may admit a more benign Interpretation, as when Men commit their Estates and Children, or that which is dearest to them, to be disposed of, (which is but to be advised) by those who have nearest relation to them, and in whom they repose most Trust; I shall speak of the disposing of his Majesty's Royal Person in that sense, which (I hope) is also the sense to the Houses Nor do I know any other way how his Majesty's Person can be disposed of, but that he be put either under restraint, or be at Freedom with Honour and safety. As for the way of restraint, I look upon us it as it looks upon as a remedy more dangerous than the Disease, and as a Mean to draw the War of Foreign Kings upon us (especially the prince being in other kingdoms) rather than to quiet our Troubles at home. And therefore supposing that none of the kingdoms will take any way concerning his Majesty's Person. But such as may consist with Duty and Honour, and which may lessen, and not encrease our Troubles I shall lay aside the way of Restraint, and speak of the way which may be with Freedom, Honour, and safety; which can be no other, but that his Majesty shall go into Scotland, or come to his Parliament here, or some of his Houses hereabouts.
His going into Scotland is full of Dangers and Inconveniences to both Kingdoms: The Amalekites are not yet driven out of that Land. The bloody barbarous Irish, banded with a wicked Crew of Malignants, possess the Mountains and High-Lands, which are the Strong-holds, and never conquered parts of that Kingdom. They have not laid down Arms, but keep in a Body together; and they are so near Ireland, as the Forces or the Rebels there may in two or three hours space come over and join with them; and (Scotland ) not being able to keep and entertain Armies long, the King being there, may raise such Forces in Scotland, as may make way quickly into England. And therefore his Majesty's going into Scotland (before our Peace be setled) being of most dangerous consequence to both Kingdoms, I shall humbly offer to your Lordships Consideration his Majesty's coming to London, or some of his Houses hereabouts, as the most probable way to procure a speedy and happy Agreement, which is also his Majesty's own desire in his Answer to the Propositions. And altho' no Persuasion of ours could prevail to procure a more satisfactory Answer for the time, than what is returned to the Houses of Parliament, yet, (I assure your Lordships) that the Committee of Estates of the Parliament of Scotland, and the Noblemen who were at Newcastle, did faithfully contribute their best Endeavours, that his Majesty might have given his Assent to the Propositions: And as we did then deliver our Minds with that Plainness and Freedom which was fit for Faithful and Loyal Subjects, with no less regard to this Kingdom than our own Nation; so are we now (with the same Candour and Tenderness of Affection) willing and ready to concur with the Honourable Houses in every thing which may promote the great work of Reformation, and settle Religion according to the Covenant, with a well grounded Peace. And for these Ends, we desire that his Majesty's Answer may be improved to the best advantage of the Publick.
For albeit the King hath not given a present Assent to the Propositions, yet he hath not in his Answer refused them; but doth promise, That he will chearfully grant and give his Assent unto all such Bills (at the desire of the Two Houses) and reasonable Demands for Scotland, which shall be really for the Good and Peace of his People: To which end he desireth and proposeth, That he may come to London (or any of his Houses hereabouts,) upon security that he shall be there with Honour, Freedom, and Safety, as the best Expedient to procure a happy Agreement between his Majesty and his Parliament; which we desire may be weighed in the balance of righteous Judgment, as a business of the greatest consequence which can fall within human Consideration, and wherein the Glory of God is most concerned of any business under Heaven. For upon a blessed Agreement between the King and his Parliament, Religion and Righteousness, Truth and Peace, which are the compend and height of all Happiness, will be established, to the eternal Fame and Glory of Great Britain, and the great Comfort of all the Protestant Churches: And upon our disagreement, all the Calamities of a bloody and unnatural War will be continued, and nothing heard nor seen in Church nor State, but Confusion. God hath brought both Kingdoms thorough the Surges and Waves of a boisterous Tempest, into the Harbour of a Peace, and hath scattered most part of our Enemies; and now our work is how to come ashore and establish a right Peace. I hope it is as far from our desires and intentions, as it is against our Covenant and Professions, to change fundamental Government. We have need to take heed, that we run not from one Extreme into another: Deum stulti vitant vitia, in contrasia currunt: Therefore our study would be how to cure the Wound which our Sins and the evil Counsels of others have made between the King and his Parliament, to make up the Breach, and not make it wider.
It hath been universally acknowledged, That the King's removal from his Parliament is the immediate and chief Cause of all the War, Mischief, and Calamities of the Kingdoms: Then his Majesty's Presence in joining with his Parliament must be the best, if not the only Remedy to remove our Troubles; for it is a Maxim no less true than common, That Contraries have contrary Consequences.
The King desires to come to his Parliament, not only to have his Doubts cleared, and have these Difficulties explained which hinder his Consent to the Propositions as they now stand: But likewise that his coming may raise a mutual Confidence between him and his Parliament: If the last were done, the first would soon be performed, and all those Mountains of Difficulties would easily be removed, and become Valleys.
Your Commissioners had no power to give any Reasons, no not so much as to tell what is the meaning of any of your Demands, nor hearken to any Desire of the King's: And certainly some things might be justly moved by his Majesty, which are necessary for the Crown, and a well-grounded Peace; as, That he may have his Revenues; That he may return with Honour and Safety to his Crown and Government. And if the King were with his Parliament, where he might both give and receive Satisfaction, he might with reason be convinced to assent to what he now conceives to be unreasonable.
The making of a Peace is so great and glorious a Work, and so acceptable to all good Men, and to the whole People, that it would (after so great trouble) be like Rain to the new-mown Grass, or like a Resurrection from the dead, and is a work worthy of a King's Presence; and the King may without arrogancy desire that Glory to himself, the more to reingratiate him to his People; and not devolve that Honour wholly to any other, wherein he himself ought to be the prime Actor. And therefore the King's Presence with his Parliament is the most probable way to attain to a speedy and blessed Peace, which certainly will be the more durable, if it be with the good liking of both sides.
I know there is one common Objection (and I know not another) wherewith many are possest and prejudiced against the King's coming to his Parliament, That his Presence may breed Division, and that he may thereafter withdraw, and continue our Troubles. Unity and Concord (I confess) is that by which Kingdoms and Commonwealths do flourish, and there is nothing more dangerous than Division, Concordia enim res parva crescunt, discordia vero maxima dilabuntur. But is there any greater or more dangerous Division, than to have the Head divided from the Body? To have the King divided from his Parliament, the Representative Body of the Kingdom, whereof he is the Head? Hath not this Division divided Brother against Brother, the Father against the Son, and the Son against the Father, and Country against Country? This Division is the Cause of all our other Divisions: Take this away, and all our other Divisions are at an end. Ablatur causa tollitur effectus. The King doth (with all earnestness) desire to be joined with you, and stands more in need of Reconciliation, and I hope will (according to his profession) endeavour it, rather then Division; and (I trust) the Wisdom of the Honourable Houses is such, as they will do so too, and rather be reconciled to the King, than divide amongst our selves. And that Argument, Not to admit of the King's coming to his Parliament, because his Presence may breed Division, is an Argument to debar him perpetually from his Parliament. And now the Case is altered from what it was, when it was thought unfit that the King should come to his Parliament, because then he had Forces in the Fields, Garisons and Strong-holds to return to: Now he hath none of these against you; and his desire of coming to his Parliament cannot be but with resolution to agree and stay with you; for if he were once with you, where can he go from you? And if they were esteemed Enemies to the Parliament and the Peace of the Kingdoms, who advised the King to withdraw from his Parliament, what estimation will the World have of them, who will not suffer him to return to his Parliament, when he offers to cast himself in your Arms? Nor can there be a more real Testimony of our Respect and Affection to England, than that we desire he may be with you, and be advised by you; neither can you have any greater Honour, than that (after you have dissipated your Enemies) his Majesty is willing to return to you. And if so kind an Offer shall be refused, and the King driven to despair, it is to be feared these Kingdoms will be involved in greater difficulties than ever; and we shall be driven out of the harbour and entrance of a Peace, into the Tempest of new and bloody Wars.
For altho' Scotland be most willing and desirous that the King should return to his Parliament with Honour, Safety, and Freedom, and that he may remain where his Personal Presence may serve most for the Security and Happiness of his People; yet if any such course shall be taken, or any demand made for rendring of his Person, which cannot stand with his Honour and Safety, or which cannot consist with our Duty, Allegiance and Covenant, nor with the Honour of that Army to whom (in time of his extreme danger) he had his Recourse for Safety; it cannot be expected that we can be capable of so base an Act. And if (to shun this, and avoid occasion of quarrelling between the Kingdoms) he shall go to Scotland, and resent his Expulsion out of England, and crave the Assistance of that Kingdom for Recovery of his Right to this Crown; he may in a short time raise such Forces in Scotland and Ireland, as with the Assistance of Foreign Princes, these Kingdoms maybe made a Field of Blood, and the youngest amongst us not live to see the end of these unnatural Wars. But if the present opportunity be wisely managed, and that we maintain the just Privileges of Parliament, and Liberty of the Subject in both Kingdoms, with that Wisdom and Discretion, as that may be given to God which is God's, and to Cesar what is Cesar's; if we fear God and the King, and do not meddle with them who are given to change; that same Divine Providence and Wisdom which hath brought us through many Difficulties, will also teach us how to establish these Kingdoms in Peace, and the King's Throne in Righteousness: That the great Blessing of a constant and Friendly Conjunction of the Two Kingdoms (now united by Allegiance and Loyal Subjection to one Sovereign and Head) may be firmly observed and continued to all Posterity.
My Lords and Gentlemen,
This day I hope will bring our Conference to some Results to be reported to the Houses; and therefore I shall frame my Discourse and Arguments with that Succinctness as may bring us soonest to a Close.
At our first meeting, the Subject of our Debate was, Whether the Right and Power of disposing the Person of the King is solely in the Two Houses as they shall think fit, or in the Two Kingdoms; and at our last meeting we had some arguing about the same Question; but your Lordships did still assert the Vote of the Houses; and we say (in respect of the interest and relations which both Kingdoms have equally to the King, especially in the present Juncture of Affairs, when both Kingdoms are entred in the same League and Covenant, have jeoparded their Lives in the same War, are labouring under the same Danger, are seeking the same Remedies, and stand in need of the same Peace and Security; and both Kingdoms are bound by our Covenant to preserve Unity, and are obliged by Treaty that none of us shall make any Peace, Cessation, or Agreement whatsoever, without mutual Advice and Consent of both,) That the Person of the King cannot be disposed of without the joint Advice and Consent of both Kingdoms. But as we do acknowledge that England hath Parity of Interest with Scotland, so do we still offer that they shall have Parity of Power in disposing of the King: And we do affirm, That the Person of the King, who is King of Scotland as well as of England, and is Head and Monarch of both Kingdoms, cannot be disposed of by any one of the Kingdoms alone; but whatever is to be done concerning the disposing of his Majesty's Person, ought to be done by joint Advice and common Consent of both, as may serve most for the Peace, Security, and Happiness of the King and Kingdoms; which we did prove by several Arguments: To which there was nothing answered in effect, but, That the King being within England, his Person was to be disposed of as the Two Houses shall think fit; and that the King being with the Scotish Army, and they being paid by the Parliament of England, he is in effect in the Power of the Houses, and ought to be at their disposing, in the same way as if he had come to the Army of Sir Thomas Fairfax, or any other of the Parliament's Armies. To which we shall not need to make any Reply, other than we have made already, That the King's present Residence in England, nor no Locality, can take away the Reality of our Relations formerly mentioned by us, far less can it take away the Engagements and Stipulations between the Kingdoms; and though the Scotish Army be paid by the Parliament of England, yet they are the Army of Scotland, raised for pursuance of the Ends of the Covenant, and are to be ordered and directed by the Parliaments or Committees of both Kingdoms: And therefore they cannot with Conscience, Duty, nor Honour, deliver the Person of the King without his own Consent, to be disposed of as the Two Houses shall think fit. But we have declared, and do still declare, That we are content that the Person of the King be disposed of (the word Disposed being taken in a right sense) as may serve most for the Peace, Safety, Security, Honour and Happiness of the King and both Kingdoms: And did offer to your Lordships Consideration his Majesty's coming to, or near London, as the most probable means to procure a speedy and well-grounded Peace. And seeing your Lordships have done us the Honour to meet with us in this free and Brotherly Conference, we do expect that you will Concur and Assent to this Proposition, or propound a better Expedient for the good of both Kingdoms.
But if the Honourable Houses will not admit of this Proposition, our next desire is (that it may appear, no lawful and possible means are left unessay'd, which may procure a happy Agreement betwixt the King and his Parliaments; and for our further Exoneration,) That Commissioners may yet once more be lent from both Kingdoms to his Majesty, to show the meaning of our Propositions, and to assert them, and to hear the King's Doubts and Difficulties, and Desires; who may further intimate, That (if his Majesty shall not give a Satisfactory Answer to the Propositions) then both Kingdoms will, without making any such further Application to him take such course as they shall judge fittest for the Peace and Security of the Kingdoms.
And as at the opening of this Conference I did begin with an humble, lawful, and laudable desire for Unity, in relation to Religion, the King, and amongst our selves; to shall I close in the same Dialect: For the first, of Religion; if we do remember our Vows to God to perform them, and shall endeavour really, constantly, and sincerely, the Reformation of Religion, and Uniformity according to our Covenant, we may certainly expect that God will crown this great Work, wherein he hath honoured us to be Actors, with his Blessing: But if in place of Uniformity, which we are obliged to endeavour, there shall be a Toleration of all Sects and sorts of Religion, and if we neglect to build the House of God, and become insolent upon our Successes: although we could mount up with Eagles Wings, and build our Nests as high as the Stars, and had an Army who for Valour and Strength could march to Constantinople, God shall lay our Glory low in the dust, and suffer the Work to fall in our hands, like the Confusion of Babel. And whatever hath been moved by us concerning the King, we desire it may be rightly constructed, as proceeding from such as have not wavered from their first Principles: For when the King was in the height of his Power, we did not, and (I hope) never shall flatter him; and when the Enemy was in the height of their Pride and Strength, Scotland did fear no Colours: And now when the King is at his lowest Ebb, and hath cast himself into our Army for Safety, we hope your Lordships will pardon us, from our sense of Honour and Duty, to be very tender of the Person and Posterity of the King, to whom we have so many near Relations, and not like the worse of us; that we cannot so far forget our Allegiance and Duty, as not to have an Antipathy against the Change of Monarchical Government, in which we have lived through the Descent of so many Kings, and under which both Kingdoms have been governed so many Ages, and flourished in all Happiness. And now my last word shall be for constant Unity between the Kingdoms; which as it hath been the chief means to promote the great Work wherein both Kingdoms are so deeply engaged, so there is nothing can make us so formidable to our Enemies, nor so much aiding one to another, as the cherishing and continuing thereof; and I dare say that no Man would divide the one from the other, but such as desire to fish in troubled waters, and are real Enemies to both. God hath bless'd the joint Endeavours of both Nations, both are in one Ship, and are come through a very great Storm; and now when we are come into the Harbour, it would be great shame to both to split upon the Rocks of Division & devorato bove deficere in cauda;) and your Lordships may be confident, that Scotland, who have esteemed no hazard too great for setling of Religion and Love to their Brethren, will stick so fast and firmly to you, (so long as you hold the Principles of your Covenant) as no fear nor favour will ever be able to divide them from you; and we do expect that reciprocal Amity which may perpetuate our Unity.
The Scots also gave in long Papers; wherein they shewed, That the King being Sovereign of both Kingdoms, was not to be disposed by the Parliament of one Kingdom. That this was destructive to the Relation and Interest the Scotish Nation had in him, and contrary to the nature of Sovereignty, and to the Covenant and Treaties of both Kingdoms, by which it was agreed, That his Majesty's just Power and Greatness should not be diminished; which by such a Demand of his Person was very signally done. It was also argued, That all things in order to Peace (to which the Disposal of the King's Person did relate in a special manner) should be done by the joint Councils of both Kingdoms.
These Papers the Scots Commissioners (contrary to their own Desire, and promise of Secresy, as the Parliaments Committee alledged) did cause to be printed; which incensed the Two Houses so that they seized the Papers at the Press, and committed the Printers; but soon after they were for all that publish'd, but said to be printed at Edinburgh. To these Papers the Commons ordered an Answer to be drawn; which being brought in, read and approved, pass'd that House and the Question being put, Whether the same should be sent up to the Lords for their Concurrence, it was carried in the Negative, and sent to the Scots Commissioners, who returned the same, refusing to accept thereof, because it came not from both Houses. Which Answer being publish'd by Order of the Commons, and for that it recites at large all the Scots Arguments on this Affair, 'tis hoped the Reader will excuse its Tediousness, if for his fuller Satisfaction it be here inserted: Only first premising a Speech spoken in the Commons House on that Subject.
A Speech made in the House of Commons the 26th day of October, 1646. (upon the Reading of the Scotish Papers, in Reply to the Votes of both Houses of Parliament, of the 24th of September, concerning the Disposal of the King's Person.) Spoken by Thomas Chaloner, Esq; a Member of the said House.
You have just now heard Two Papers read before you from the Commissioners of Scotland; the first concerning the Disposal of the King's Person, the other touching the Distractions of the North, by reason (as they say) of the Non-payment of their Army. I shall speak nothing to the latter, because it hath been so sufficiently answered by divers knowing Members of this House. To the first I shall wholly apply my self, because little or nothing hath been said to that point.
The Question then before you is, About the Disposal of the King's Person: You say, That he is to be disposed of as both Houses of Parliament shall think fitting; but your Brethren of Scotland say he is to be disposed of as both Kingdoms shall think fitting: And they fortify their Affirmation with these Reasons:
They say, That he is not only King of England, but also King of Scotland, and as you have an Interest in him, he being King of England, so have they no less Interest in him, he being King of Scotland. And as they have not the sole Interest in him, he being King of Scotland, because they acknowledge withal that he is King of England; so have not you the sole Interest in him, he being King of England, because they desire you to remember that he is also King of Scotland: So as neither Nation having a Sole, but a joint Interest in his Person, they ought jointly to dispose of it for the Weal and Benefit of both Kingdoms
This I take to be the whole Scope of their Argument, which they have represented unto you under so many disguises, and as it were by multiplying-glasses, in so much as the bare relating of it, takes up Three large Sheets of Paper.
But while they debate this great Question with you touching the disposal of the King's Person, and while they positively affirm, That he is to be disposed of by the joint Consent of both Nations; give me leave to remember you, That in the mean time they dispose wholly of him themselves, and so have done for these six months, and may for six months longer, for any thing I can gather out of these Papers.
- Wheresoever the Kingdom of Scotland hath an Interest in their King, there they may dispose of him.
- But the Kingdom of Scotland hath an Interest in their King, he being in England.
- Therefore in England they may dispose of him.
Sir, This may seem at the first to some to be a fair and specious Argument, but let it be well considered, it will prove erroneous and fallacious: For in the Major Proposition they understand one thing by the word King, and in the Minor Proposition they understand another thing by the word King, and so here is a conclusion inferred, which the Premisses will not warrant.
For the clearing whereof, I pray, Sir, remember that this word King is of a various signification, sometimes it is taken in abstracto, that is, for the Royal Power, Function, and Office of a King; sometimes it is taken in concreto, that is, for the Man or Person whom we call King.
If their Major Proposition be taken in the first sense, we shall never deny it them, nay we shall acknowledge that the King of Scotland being taken in abstracto, we have nothing to do with him at all, he is solely and totally theirs: God forbid that a King of Scotland going out of his Kingdom, should either make Scotland cease to be a Kingdom, or give any participation of Interest to that Country where he doth reside. Let his person reside in the furthest parts of the earth, yet the Royal Office and Capacity of the King resideth still in Scotland; they have his Sword to do Justice by, they have his Scepter to shew mercy by, they have his Seal to confirm what they please by, and they have his Laws to govern by; and in this sense it is only meant that the King is never under years, never dies, cannot be deceived, can neither do wrong, nor take wrong of any body; and in this sense we fight for King and Parliament, though the Person of the King be in opposition to both; and in this sense the Returns and Tests of the King's Writs are, Coram me-ipso apud Westmonasterium, and teste me-ipso apud Westmonasterium, let the Person of the King at the same be in France, or the remotest Country in the World; but a King of Scotland taken in this sense is never out of Scotland: And therefore whereas they say in the Minor Proposition, That the Kingdom of Scotland hath an interest in their King, he being in England, this must needs be meant of a King in Concreto, that is, only of the Person of their King, and not of his Royal Capacity; and in this sense we must deny that they have any thing at all to do with him: For though the Royal Office of the King of Scotland is solely to be disposed of by the State of Scotland, yet it is not so with his Person, for Persona sequitur locum, and his person must be disposed of by the Supreme Power of that Country wheresoever he shall happen to abide. Suppose a King of Scotland should be in Spain, will they say they have as great an interest to dispose of his person there as in Scotland; I think they will not say so; and yet they did affirm last day at the Conference, That they had as good right to dispose of his person at Westminster, as they had at Edinburgh: But under their favour, England is as distinct a Kingdom from Scotland, as Spain; it is as distinct in Laws, distinct in Privileges, distinct: in Interest; it is neither subordinate nor dependant of Scotland, and they can no more dispose of a King of Scotland's person, he being in England, than if he were in Spain.
For he being protected by the Laws of England, he becomes thereby subject to those Laws, it being most certain, that Protectio trabit subjectionem & Subjectio protectonem, they being relatives, the one cannot stand without the other; and as no Man can be said to be a Father, that hath no Son, nor no Man a Husband, that hath no Wife, so no Man can be said to be protected, that is not withal thereby subjected. And since without such protection every Man may kill him, and destroy him, it seems to stand with no proportion of Justice, that a Man should be protected in Life, Limb, or Estate, by any Law that will not subject himself to that Law.
It cannot be denied but that there is a Twofold Subjection, Legal, and Local; the Legal Subjection is due from every Subject to his Natural Prince; the Local from any Foreigner to that Prince or State where his person doth reside. And this, though it be only pro tempore, and the other during life, yet it doth for the time totally obstruct the operation of the other subjection; so that no King can command any Subject of his, living out of his Kingdom, but such Subject of his is to be disposed of by the sole Authority of that Supreme Power where he makes his Residence. And since the question is only about the person of a King of Scotland, for I conceive they will not take upon them any Authority to dispose of the Person of a King of England, I do affirm, That if a King of Scotland should have come into England before the Union of both these Kingdoms, he had been instantly a Subject of England, and his person to be disposed of by the sole Authority of the Laws of England.
For either we must take him as a King, or a Subject, since betwixt them two there is no Medium: As a King we cannot take him, unless we should commit Treason against our Natural Prince, and subject our selves to any but to him; it being most certain, that there is the same Relation betwixt the King and his Subjects, as betwixt the Husband and his Wife; and as no Man can be said to be a Husband, but to his own Wife; so no Man can be said to be a King but to his own Subjects, and therefore we cannot admit of any Regality in the person of a King of Scotland coming into England, unless at the same time to the same person we should confess subjection For that it is most true, that as none can be said to be Rex Sine Regno, so no; Man can be said to be Rex but in Regno. Therefore if a King of Scotland coming as aforesaid into England, if against the Laws of England, he do offend, by those Laws of England he must be tried, and by none other; for ubi quis delinquit, ibi punietur; and it is most sure, that we have disposed of the persons of Kings of Scotland coming into England, both living and dead. And if we may dispose of the person of a King of Scotland without the consent of the Kingdom of Scotland, much more may we dispose of the person of a King of England, he being now in England, without their Privity or Advice. But if they have any power to dispose of him, it is because they are either our Masters, or our Fellows: If they be our Masters let them show the time when they conquered us, or the price for which we were sold unto them. If they be our Fellows, why come they not to our Parliaments, why contribute they not to our Necessities? But as it is apparent that they being two distinct Kingdoms, governed by two distinct Laws, so they ought not to intermeddle one with anothers interest, but to content themselves with what doth naturally appertain to each of them severally.
There is no doubt to be made, but that every Husband hath as great an interest in the person of his Wife, as any Subject hath in the person of his Sovereign; and yet a Man may lose that interest by some act of his Wife's, as if the commit Felony, Murder, or Treason, the Law disposeth of her Person, and her Husband cannot claim any Right, so much as to her dead Body: So fareth it with a King, who by going out of his Kingdom, or by being taken Prisoner by his Enemies, his Subjects lose the interest they had in him, and he is at the disposal of his Enemies Jure belli. John King of England was cited to appear at Paris, to answer for the death of Arthur Flantagenet, Duke of Britain, whom he had murthered; the State of England would not let him go, as holding it a great indignity and Incongruity, that a King of England should answer for any thing at Paris, right or wrong: The French answered, that they cited him not as King of England, but as Duke of Normandy; as King of England, they acknowledged to have nothing to do with him, he was in that respect without them, and beyond them; but as Duke of Normandy, which he held in Fee of the Crown of France, he owed Fealty and Allegiance for the same to the Crown of France, and therefore ought to answer. The English replied, that if the Duke of Normandy did go, the King of England must go; and if the Duke of Normandy were beheaded, they knew well enough what would become of the King of England. Upon large debate hereof by all the Lawyers in France, it was resolved, That if John had been in Normandy at the time of his Summons, he ought to have appeared; but he being Extra Jurisdictionem Regni Francæ, at the time of his Summons, and Infra Jurisdictionem Regni Anglæ, though legally he were a Subject of France, yet locally he being in England, his Summons was void, and he forfeited nothing by his Non-appearance.
I will only urge one Argument more, deduced from a known Maxim of the Law, not of England, but of Scotland also, which the Commissioners of Scotland the other day at the Conference did cite themselves, in my opinion much against themselves; and that is this, Quando Duo Jura, inter Duo Regna (faith a great Lawyer) concurrant in una persona, equum est ac fiessent in diversis; which is no more than this, When Two Kingdoms held by Two distinct Titles, do concur in one and the same person, it is all one as if they were in two distinct persons. I suppose here is our very case; here are two Kingdoms, England and Scotland, held by two distinct Titles, which do both concur in one Person, in the person of King Charles; it is all one, faith this Rule and Maxim of the Law, as if they were under two several persons; why then put the case that there were one King of England and another of Scotland, would the State of Scotland have any thing to do to dispose of the person of a King of England, he being in England? I think you will say they could not.
Sir, I am sorry that our Brethren have moved this question at this time; for all questions make debates, and debates differences; and this were a time for Brothers to reconcile differences, rather than to make them; we have now lived Forty four Years, both under two Princes, and in all this time this Question was never stirred in till now; had it been stirred in, no question but it had been rejected. The people of England would have held it very strange that they could not have disposed of the person of their own King; or that a King of England could not have gone from Whitehall to Richmond or Hampton-Court, without the will and appointment of the Council of Scotland: They would have thought they had made an evil bargain by such a Union. For before the Union, they might have disposed of the person of their Prince; but after, not. And since they conceived that by the addition of Scotland there was an addition of Charge, they would have been very sorry withal to have had an addition of Servility.
Since the beginning of the World there was never before such a Contention about the Person of a King. The Greeks and Trojans did contend for a long time in fight about the dead Body of Patroclus, which of them should have it: But here is not a Contention about the dead Body of a private Man, but about the living Body of a King: Neither do we contend as they did, who should have his person, but here you do contend (as far as I conceive) who should not have it. Your Brethren of Scotland say positively, they will not have the King's person upon any Conditions whatsoever. It is now above Six Months past that you voted in this House the demanding of the King's Person, but the Lords refused to join with you ever since until this present you your self did acquiesce as if you had repented of your former Vote: Now he must be put upon you, and with such Terms as his present Guardians please to allow of.
Truly it seems strange to me, that an Army of Scots, in pay of the Kingdom of England, which by the Treaty ought to be governed by the joint I consent of the Committees of both Kingdoms upon the place, should in England take a King of England, without the privity of the English Committee, and convey him to Newcastle, a Town likewise of England, and should there keep him for Six whole Months, without the Consent of both Houses of Parliament. And when they find it not convenient for them to keep him any longer, then they will capitulate with you, upon what Conditions you must receive his Person.
I never thought to have found a King of England, his Person being in England, under any other protection but that of the Laws of England; but now I find him under the protection of a Scotish Army, whither they say he is fled for shelter, and that they cannot render him up in Honour.
Sir, if that Army of theirs be come into this Kingdom as Brethren, Friends, and Confederates, (as we hope they are) then is every person of that Army, during the time of his stay here, locally a Subject of England; and such Children as are born to them here are not Aliens but Denisons, and not only local but legal Subjects of this Kingdom. And therefore they having gotten the King into their hands, they ought no mere to capitulate upon what Terms he should be delivered into yours, than if the Army of Sir Thomas Fairfax were in possession thereof; who if they should deny the surrendring of the King unto you, but upon Condition, no question but it were capital.
They say, that by virtue of the Covenant they are obliged to defend his Person and Authority. What his Authority is in Scotland, themselves best know; but you only are to judge of it in England, since being not subordinate to any Power on Earth, there is no Power under Heaven can judge you. The Covenant ties you to maintain in the first place the Rights of Parliament, and the Liberties of the Kingdom; and in the second place, the King's Person and Authority; and that only in defence of the former, and not otherwise. And whereas they expect the King should be received by you with Honour, Safety, and Freedom, I beseech you, Sir, consider whether (as the Case now stands) his Reception with Honour can stand with the Honour of the Kingdom, whether his Safety be not incompatible with the Safety of the Commonwealth, and whether his Freedom be not inconsistent with the Freedom of the People.
I pray (Sir) take heed left that bringing him in with Honour, you do not dishonour your self, and question the very Justice of all your Actions; be wary that in receiving him with Safety, you do not thereby endanger and hazard the Commonwealth; be advised, left in bringing him home with Freedom, you do not thereby lead the People of England in Thraldom.
Wherefore I shall conclude with my humble desire, That you would adhere to your former Vote; that is, That the King be disposed of as both Houses of Parliament shall think fitting; and that you enter into no Treaty either with the King or your Brethren of Scotland, left otherwise thereby you retard the going home of their Army out of England.
The Answer of the Commons assembled in Parliament, to the Scots Commissioners Papers of the 20th, and their Letter of the 24th of October last.
That there might be a firm and lasting Brotherly Union between the Two Kingdoms, is the earnest desire of our hearts; and that our Proceedings may be according to our Covenant, and the Treaties between us: And that our Endeavours have been accordingly, our own consciences, our Brethren of Scotland, and all that know our ways, can bear us witness.
That we may still walk in the same Path, prevent all Misapprehensions, and bring a right understanding amongst us; the Commons assembled in the Parliament of England, do return this ensuing Answer to your Lordships Two Papers of the Twentieth, and to your Letter of the Twenty fourth of October last: Wherein our end being to give Satisfaction to the Arguments in your Papers we shall therefore answer the several Particulars in the method we find them: Only to make our whole Intentions the more easily known (the Method you have taken in your Papers not allowing us a clear Connection of the Matters there in contained, and enforcing us to repeat the same thing oftner than we desire) we shall first premise and lay down these following Considerations:
I. First, That your Papers being grounded upon the Resolutions of both Houses, and on the Conference thereupon had, we shall set down the true state of Fact concerning them; which was thus: Upon the 24th of September, 1646. the Houses passed these Resolutions, (viz.) 1. That the Person of the King shall be disposed of as both the Houses of the Parliament of England shall think fit. 2 That the Houses do declare, That whatsoever Conference, Consultation, or Debate, shall be with the Commissioners of Scotland concerning the Disposal of the Person of the King, it shall not be under stood to be any Capitulation in relation to the retarding of the march of the Scots Armies and Forces out of the Kingdom, or of any Treaty between the Kingdoms concerning the same.
Upon the same 24th day of September, A Committee is appointed to meet with a proportionable Number of the Lords in the Painted Chamber, to Confer, Consult, and Debate with the Commissioners of Scotland, concerning the Disposal of the Person of the King, if it shall be desired by the Scots Commissioners; and this to be communicated to the Scots Commissioners by the Members of both Houses, of the Committee of both Kingdoms. These Resolutions, ordered to be communicated to the Commissioners of Scotland, were accordingly delivered to them by the Members of both Houses, that are of the Committee of both Kingdoms, the 25th of the same Month.
Upon the 29th day of September your Lordships by your Paper desired a Conference in these words; We have perused the Votes of both Houses, communicated to us by your Lordships; and as we did formerly desire in our Paper of the 11th of August last, so we shall be ready on Thursday next to Confer, Debate, and Consult with such as the Honourable Houses have thought fit to appoint: And if their Committee cannot with conveniency meet at that time, we desire it may be so soon as possibly they can.
Which was thus granted; (viz.) 1. Octob. Ordered, That the Committee formerly appointed to meet with the Commissioners of Scotland, Do meet this Afternoon at Three of the Clock with the said Commissioners, to Confer, Debate and consult with them, concerning the Disposal of the Person of the King, according to the former Votes and Declarations of both Houses.
Upon the first day of October, before the Conference did begin, all these Papers were read, and your Lordships were told by our Committees, If you were pleased to say anything Herein, they were ready to confer with you according to those Resolutions, So as this Conference was by your consent to be with these Two Limitations; (viz.)
- 1. That it should be about the Disposing of the King's Person as both Houses of the Parliament of England shall think fit.
- 2. That it shall not be understood to be any Capitulation in relation to the retarding of the March of the Scots Armies and Forces out of the Kingdom, or of any Treaty between the Kingdoms concerning the same.
And all things in your Speeches and Papers, concerning Charge of Fundamental or Monarchical Government, or Uniformity in Church Government, Toleration of all Sects and forts of Religions; concerning the King's voluntary disposing of himself, (it being granted by you, That his Person is to be disposed by your joint Consent) or concerning the manner of Disposing of him; and all other things of like nature, saving only about the Right of this Kingdom to dispose of the Person of the King in England, without the joint Advice and Consent of the Kingdom of Scotland, being foreign to the matter of these Resolutions, were improper at this Conference; for our Committee having their Limits, could not expect to hear any such, or were to intermeddle to give an Answer to them.
II. That the matter of the Conference being stated by the Houses, and your Lordships often put in mind, in Answer to your Claim for the Kingdom of Scotland's Right of joint Interest in disposing the Person of the King, That the sole matter thereof was concerning the Two Houses of Parliament of England having the Right to dispose the Person of the King in the Kingdom of England, without the joint Advice and Consent of the Kingdom of Scotland: Your Lordships did make your Objections; to which our Committees Answered; your Lordships Replied; and our Committees Answered those Replies: Yet in your Paper you state the Question as if to be debated on your Resolutions and place our Committee to make Objections; and your Lordships make the Answer of our Committees to your first Objections, and their Answer to your Replies, as one entire Objection: Your Lordships well know, an Answer to a Reply may be full as to the Reply, yet not applicable to every part of the first Objection.
III. That your Lordships engaged our Committees at the Conference to make no Report of any thing had passed at the same, till you had delivered your own Answer in writing: And before any Report made by our Committee, or any Paper put into the Houses by you, some of your Lordships did give directions for the printing Three thousand Copies of the Lord Chancellor's Speeches at that Conference, which by the Printers Confessions had been published on Thursday the 15th. of October last, had they not been sent for by an Order of the House of Commons, Wednesday the 14th of the same Month; after which time, and not before, they received Order from you not to publish them till further directions; which Speeches are since published, and said to be printed at Edinburgh.
That you printed those Papers which you afterward gave in to the Houses as your Answer to those Votes (which were the Subject of the Conference) sooner than it was possible for the Houses to give an Answer to Papers of that length; as it the Prepossessing of the People were more considered by you than the Satisfaction of the Houses: And if your Lordships had thought fit to have staid for our Answer, we conceive you would not have published those Papers, which is an Action contrary to the Practice of all Publick Ministers, who ought not to publish to the People the Transactions between them and that State to which they are employed: Which we are enforced to represent to your Lordships, and to publish this Answer, it having been so often done by your directions in this Kingdom; and in this present business done after such a manner, neither we; nor any employed by us, having ever done any such thing in the Kingdom of Scotland.
IV. That the Interest of Scotland in the King, and the Exercise thereof in the Kingdom of England being of several and distinct natures, are not to be confounded as one and the same thing for if you grant that you have no Right of Exercise of Interest in disposing the Person of the King (he being in England) we shall not dispute your having Interest in him.
V. That the question then was, Who shall dispose of the Person of the King in England, and not after what manner his Person shall be disposed: And it is to be considered in what Condition the King now is, That he hath deserted his Parliament and People, entred into, and continued in a bloody and dangerous War against them hath not granted those Propositions that by both Kingdoms were sent unto him, as the means of a safe and well-grounded Peace; and therefore is not for the present in a condition to exercise the Duties of his Place, or be left to go or reside where and when he pleaseth: And your Lordships did at the Conference declare, That it was prejudicial to both Kingdoms for the King to go into Scotland.
VI. That your Lordships cannot in reason insist, because in our disposing the Person of the King, we may hereby prejudice the Kingdom of Scotland (the which was never yet done by us) on such a possibility to claim a joint Right in disposing the Person of the King in this Kingdom, which from the first coming hither of King James, now Forty four Years, was never before claimed; when as the Two Kingdoms had not then that Security from each other against all imaginary Prejudices, which might happen through the Abuses of their particular rights, as now they have, being engaged by Covenant in their several Vocations, mutually to preserve the Rights and Privileges of the Parliaments, the Liberties of the Kingdoms, and the King's Person and Authority, in the preservation and defence of the true Religion, and Liberties of the Kingdoms, as by the Third Article of the Covenant doth clearly appear.
What would your Lordships think, if we should claim joint Right of Interest in your Towns, your Forces, or Money in Scotland, upon that Supposition, That possibly you may use them to the prejudice of this Kingdom ? Let not the Remits of your Arguments for Union, or for the King, be, That the Kingdom of Scotland may exercise their Interest in the Kingdom of England: Nor let your Expressions obliquely infer, That the Parliament of England will not do what becometh them to the King; since all the World doth know, that this Kingdom hath in all times shewed as great Affections to their Kings, as any other Nation.
VII. Because your Lordships most insist upon the Covenant and Treaty in this Case, and also throughout all your Answers to those you call Objections, we shall, out of many, insert some of the Expressions in your Papers, concerning the Covenant and Treaty.
(Pag. 5. and 6. of your Papers.) And unless we lay aside the Covenant, Treaties, Declaration of both Kingdoms, and Three Tears Conjunction in this War, neither the one Kingdom nor the other must now look back what they might have done singly before such a strict Union; but look forwards what is fittest to be done by both jointly, for the common good of both, and for the ends of the Covenant, which both are obliged jointly to prosecute and promote.
And as Reasons may be drawn from the nature of all Associations, so especially from the nature of ours in the Solemn League and Covenant; the Title, Narrative, Articles and Conclusion of it, do all along link together the Interest of the Kingdoms in this common Cause, so much concerning the Glory of God, their own Safety. Union, and Peace, and the Honour and Happiness of the King and his Posterity : Which Ends of the Covenant, both Parliaments as well as other Subjects of both Kingdoms, have obliged themselves jointly and mutually to promote.
Page 6. So that the ends of the Covenant, upon which the Disposal of the King must needs have a strong influence, are not to be prosecuted by the Two Kingdoms, as by Two distinct Bodies acting singly, but they were united by Solemn Covenant made to Almighty God, and by League each to other, as one entire Body, to prosecute this Cause.
Page 9. of your Papers. Wherefore we cannot chuse but obtest, by the Conjunction and Parity of Interests, by the Treaty between the Kingdoms, by the Solemn League and Covenant, that there may be a Conjunction of the Councils and Resolutions of both Kingdoms, in disposing of that Royal Person who is King of both.
Page 13. That the prosecution of this War should be with the joint Advice and Consent of both Kingdoms; and according to these grounds a Covenant was agreed upon for the Reformation of Religion, and preservation of the Liberties of the Kingdoms,, and of the King's Person and Authority.
Page 7. From the Treaty the same thing doth further appear; it being thereby manifest, That our Army was to be levied for the common good of both Kingdoms, in pursuance of the ends expressed in the Covenant.
Again, Page 7. So that if the disposal of the King's Person, mentioned in the Vote of both Houses, be intended for the Good, Peace; and Security of both Kingdoms, then it should not be done without the mutual Advice and Consent of both.
Having thus laid down, That you claim that nothing contained in the matter of the Covenant, or to be done in pursuance of the ends thereof, or that hath a strong influence thereupon, can be done by the Kingdom of England, in England, without the Joint Advice and Consent of the Kingdom of Scotland; we shall in the next place lay down the most material things contained in the Covenant; which are, The Reformation of Religion in England and Ireland; The Extirpation of Popery, Prelacy, Superstition Heresy, Schism, and Prophaneness; The Preservation of the Rights and Privileges of the Parliaments, and Liberties of the Kingdoms; and to preserve and defend the King's Majesty's Person and Authority the preservation and defence of the true Religion, and Liberties of the Kingdoms.
Whence necessarily follows, That the Militia by Sea and Land in the Kingdoms of England and Ireland: The power of making Peace and War with Foreign States: The King's Consent in the enacting any Law: The Power of the Houses of the Parliaments of England and Ireland in cases of Judicature upon Delinquents and Monopolies, Impositions, and other Grievances upon the People of this Kingdom: The conferring the great Places of Honour and Trust, making of Peers of Parliament; conferring other Titles of Honour; what Revenue the King is to have in England and Ireland, and how to be disposed; and whatsoever else is to be done by the King and Kingdom, or by either of them in relation each to other, cannot at any time be acted without the Joint Advice and Consent of the Kingdom of Scotland: For the Covenant expresseth in the Third Article, 'To preserve and defend the King's Majesty's Person and Authority, in the preservation and defence of the true Religion and Liberties of the Kingdoms; and for the Reformation of Religion in England and Ireland, the Extirpation of Popery, Prelacy, Superstition, Heresy, Schism and Prophaneness, the preservation of the Rights and Privileges of Parliaments, and Liberties of the Kingdoms, It also followeth, 'That the Kingdoms of England and Ireland, as well in things that have no relation to the King, as in those which have, can exercise no Powers or Jurisdictions, without the Advice or Consent of the Kingdom of Scotland. The matters of Religion, Privileges of Parliaments, and Liberties of the Kingdoms, comprehending whatsoever is to be acted in the Government of the Kingdoms of England and Ireland; on this foundation laid in your Papers, the Kingdom of Scotland may, when they fee time, claim a Right of joint Interest with the Kingdom of England in all the things before-mentioned; and except against, and question. the Validity of the Ordinances for taking away of the Court of Wards, setling the Militia of the Kingdom of England and Ireland, for Sale of Bishops Lands, and all other Proceedings in Parliament since the Covenant and Treaty, whereto the Consent of the Kingdom of Scotland hath not been had.
And your Lordships by obtesting in these words, 'That there may be a Convention of the Councils and Resolutions of both Kingdoms, in disposing of that Royal Person who is King of both. And that all lawful and possible means, of which this is one, and a chief one, may be used, which may preserve his Majesty's Person, Honour and Happiness. And from your Proposition, That the King may come hither in Safety, Freedom, and Honour, you do now claim from the Covenant or Treaty a Negative Voice, and Right of Joint Consent with this Kingdom, in all things in relation between the King and the Kingdoms of England and Ireland; which are all comprehended under the words of Safety, Freedom, Honour, and Happiness.
We shall now appeal to the Consciences of our Brethren of Scotland, and of all those who have taken or read this Covenant or Treaty, if any such Construction can be made out of them, or any of them; or whether it would have ever entred into the Thoughts of the Free People of this Kingdom, to have made such a Covenant or Treaty, which might any way bear such an Interpretation, so destructive to their Freedoms, as to introduce another Nation to be one of the Estates of this Kingdom, and to have a Negative Voice in all things concerning their Welfare; whereby we should at once give up what we have for so many Ages derived from our Ancestors, and what we have endeavour'd to preserve with so great an Expence of Blood and Treasure; and so much the rather, in respect this present Parliament hath not, nor doth claim any thing of this nature within the Kingdom of Scotland, nor put any such Construction upon the Covenant or Treaties, in relation to the Kingdom of Scotland And how far this is not only from the Intent, but from the very Words of the Covenant, we shall presently make more fully appear.
In the Third, which concerns the Rights and Privileges of Parliaments, the Liberties of the Kingdoms, and the preservation and defence of the King's Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms, to endeavour in our several Vocations.
In the Sixth and Last, concerning the assistance and defence of all those that enter into this Covenant, To endeavour according to our Places and Callings, to perform whatsoever we are obliged to by the Covenant
It seems strange to us, That England and Scotland being several distinct Kingdoms, and by the Covenant each one being to act in his several Place, Vocation, Calling and Interest, that the Kingdom of Scotland should from this Covenant entitle themselves to the Right of exercising any Joint Power in the Kingdom of England; the express words of the Covenant being directly contrary to the Exercise of any Joint Power, which was several and distinct before the making this Covenant; and the joint exercise of such Power would break the Covenant; because we are thereby obliged in our several Vocations, mutually to preserve the Rights and Privileges of the Parliaments, and the Liberties of the Kingdoms; and the exercise of such a Joint Power, which doth give a Negative Voice to another Nation, in the proceedings in the Kingdoms of England and Ireland, would be a manifest breach of those Privileges and Liberties: And whereas throughout your whole Papers, this Joint Interest is so much enforced from the Covenant, neither that word Jointly, nor any other Expression which will bear that Interpretation, is so much as mentioned in the Covenant; and the words, Each one in his several Vocation, Calling, Place and Interest, which runs through the whole Covenant, and would have cleared the meaning of it, are wholly left out by you; and in all your Recitals of the Covenant, or Arguments drawn from thence, there are no words to that effect.
Your other Arguments drawn from the Treaty, That the Scots Army was brought into this Kingdom to pursue the Ends express'd in the Covenant; whence you enforce, That whatsoever is to be done by that Treaty, must be by the Consent of the Kingdom of Scotland, (because according to the Ends of the Covenant) have been before fully answered, in our shewing how far such Joint Consent is both from the express words, and meaning of the Covenant. And whereas you would enforce the meaning of the Covenant to be, That nothing can be done in pursuance thereof, but by your Joint Consent, because from the Third Article in the Treaty your Army is to be directed by the joint Advice of both Kingdoms, or their Committees; and from the Eighth Article, That no Cessation or Peace be made by either Kingdom, without Consent of both; and from the Ninth Article, That all matters of difference between the Subjects of the Two Nations are to be determined by joint Consent of both Kingdoms, or their Committees; If No Things to be done in pursuance of the Covenant could be done without your joint Consent, the particular and express provision, That these Three Things should be done by joint Consent, had been alogether needless.
Your Arguments from the Treaty, against the Power of this Kingdom's acting in the things mentioned in your Papers, without the Consent of the Kingdom of Scotland, are particularly answered in the places where you alledge them.
And your Lordships may well remember, That your first denying of the Power of the Kingdom of England to act without your Joint Consent, was not first set on foot concerning the disposal of the Person of the King in England: And therefore by reason of some Papers and Speeches of yours concerning the Propositions for Reformation of Religion, and the Militia of the Kingdoms of England and Ireland, and concerning some of your Nation having Offices and Places within this Kingdom; both Houses of Parliament for the vindicating of the Right of the Kingdom of England from the Construction then and now put upon the Covenant and Treaty, did upon the 29th of June, 1646. declare as followeth:
Die Lunq 29. Junii. 1646.
'Whereas the Lords and Commons assembled in the Parliament of England, in the Name and on the behalf of the Kingdoms of England and Ireland, and the Commissioners of the Parliament of Scotland, in the Name and on the Behalf of the Kingdom of Scotland, have thought fit to send to the King, The humble Desires and Propositions for a safe and well-grounded Peace, agreed upon by the Parliaments of both Kingdoms respectively; the Lords and Commons of the Parliament of England do declare, That it is not their Intention that any Construction should be made thereupon, as if either Kingdom had any Interest in the matter of each others Propositions, or in the Legislative Power of each other concerning any of the said Propositions; but that it remaineth distinct in each Kingdom respectively: And that notwithstanding any joint proceedings upon the said Propositions, either Kingdom hath Power of themselves to continue, repeal, or alter any Law that shall be made upon the said Propositions, for the good and Government of either Kingdom respectively. And it is hereby declared, That both Houses are fully resolved to maintain and preserve inviolably the Solemn League and Covenant, and the Treaties between the Kingdoms of England and Scotland.
This Declaration being sent to your Lordships, and we receiving no Answer, conceived you rested satisfied therewith. And we desire you further to remember, That whereas in the Year 1641, divers things concerning the Kingdom of Scotland were debated in England, your Lordships did then (for the saving the Rights of Scotland, that we might not claim any Joint Right in things concerning that Kingdom) declare, That neither by your Treaty with the English, nor by seeking your Peace to be established in Parliament, nor any other Action of yours, you do acknowledge any dependency upon them, or make them Judges to yon or your Law, or any thing that may import the smallest Prejudice to your Liberties; but that you came in a free and brotherly way, by your Informations, to remove all doubts that might arise concerning the Proceedings of your Parliament; and to join your Endeavours in what might conduce for the Peace and good of both Kingdoms, no otherwise than if by occasion of the King's Residence in Scotland, Commissioners in the like Exigence should be sent thither from England.
And as we did rest satisfied with those desires of yours, and this present Parliament never did, nor yet do claim any Exercise of the Power within the Kingdom of Scotland, which you desire within this Kingdom, we cannot but in Justice expect the like Equity from that Kingdom.
VIII. That by your Arguments for a Right of joint disposing of the Person of the King in England (which must relate as well to the Persons that are to be about him, as the Place where he is to reside,) you seem to claim to have an equal number, or such a number as you shall think fit, of the Scots Nation, to be of the King's Council, and of his Bed-chamber, and other Officers about his Person and his Successors in the Kingdom of England, as a Right of the Kingdom of Scotland.
IX. And concerning your desires for the speedy payment of 200000 l. mentioned in your Papers of the 24th of October, the Parliament of England is not engaged to pay you 200000 l. at one time, but only that the first 100000 l. thereof be paid unto you upon the marching of your Army and Forces out of this Kingdom, at such time and place as shall be hereafter expressed.
That the second 100000 l. shall be paid by 50000 l. and 50000 l. the first 50000 l. at the end of Three Months after the payment of the 100000 l. and the second 50000 l. at the end of Nine Months after the said first payment; yet to manifest our willingness and readiness to comply with our Brethren of Scotland we have for above Six Weeks last past spent a great part of our time to borrow 200000 l. which if we cannot speedily obtain, we assure our selves our Brethren of Scotland will rest satisfied with so much of the 200000 l. as we are able to pay for the present. But we most earnestly desire, That whilst some parts of your Papers press us for the Money, the Body of those Papers, and your Speeches at Conferences may not obstruct the Loan. The people lend their Money on belief, That there will be no Breach amongst us; That the Northern Counties, so considerable a part of this Kingdom, may not be destroyed; That the Kingdom will be eased of the Burthen of your Army; That we might be the better enabled to send Relief to Ireland: Now if the People collect out of your Speeches and Papers, That you who are the Commissioners for the Kingdom of Scotland, have doubt of a Breach amongst us, and of a second War, you do your selves give occasion of obstructing the means of obtaining Money, for which you so much press.
We do affirm, That the Kingdom of Scotland hath no Right of Joint Exercise of Interest in disposing of the Person of the King in the Kingdom of England: For England clearly being a free Kingdom, no other Kingdom hath Right of Exercise of Interest in it, but by Contract: And by how much any Kingdom hath otherwise Right of Exercise of Interest in it, by so much it is not free. Your Lordships will grant, the disposing of the Person of the King is an Exercise of Interest; and you did grant at the Conference (though it be now left out in your Papers,) That the Kingdom of Scotland hath no Right of Exercise of Interest in England, but by the Covenant and Treaties; which Covenant and Treaties give no Joint Power to the Kingdom of Scotland, concerning the disposing of the Person of the King within the Kingdom of England; but doth oblige both Nations to preserve, and not confound the Rights and Liberties of each, as by the Third Article of the Covenant will plainly appear; and the last Treaty is for your coming into England to assist us, that we might enjoy our particular Rights and Liberties.
The Words of the Third Article of the Covenant are, We shall with the same sincerity, reality, and constancy, in our several Vocations, endeavour with our Estates and Lives mutually to preserve the Rights and Privileges of the Parliaments, and the Liberties of the Kingdoms; and to preserve and defend the King's Majesty's Person and Authority, in the preservation and defence of the true Religion, and Liberties of the Kingdoms: That the World may bear witness with our Consciences of our Loyalty, and that we have no thoughts or intentions to diminish his Majesty's just Power and Goodness.
From whence it is most evident, That the Rights and Privileges of the Parliaments, and Liberties of the Kingdoms, are in the first place to be preserved; and this every one is to do in his several Vocation, and not. to intermeddle within each others Precincts, but when and so far forth as they are Duly called thereunto, nor with each others proper Rights and Interests, which we are bound to preserve, and to preserve Distinct, else we break our Covenant; and we are to preserve the King in his Person and Authority Relativety, (viz.) In the preservation and defence of the true Religion and Liberties of the Kingdoms: And we do not desire to take away your Right of Interest in the Person of the King; but we say, You have no Exercise of that Right, the King being in England: And we are so far from Claiming any Right for the Kingdom of England in this case, which in the like we would not give to our Brethren of Scotland, as we do freely and willingly declare, That if the King were Duly in Scotland, we should not claim any Joint Interest in disposing of his person There.
And if your Arguments for strict mutuality were to the question, you might with much more reason have offered, That the King should be Six Months with us without your Consent, your Army having disposed of him Six Months without our Consent; and after that time then to have inferred a joint Consent. Your Lordships will not think but that both Houses of the Parliament of England may as well be trusted with the disposing of the Person of the King in England, as the Scots Army.
Your Discourse, That the Person of the King is not to be restraind from his voluntary coming to either Kingdom, when the necessary Affairs of the Kingdoms do require it; is not to the question, and not applicable to the Condition in which the King now is, as is fully declared in the Fifth Consideration.
Your Instance, That Two being associated of Lands, Stock, or the like (for those of Parent, Master, and Servant, have no relation to the present Debate) one may not dispose of them without the Consent of both; and thence infer, Much less may we, being associated, dispose of the Person of the King without your joint Consent these are not to the Case in question, but do trouble the right understanding of it; for we are associated in some common Ends for the good of both; but not associated in that which is our several, distinct, and particular Rights, which is the only matter before us: And the disposing of the Person of the King in the Kingdom of England, according to the Case in question, is the particular Right of the Two Houses of Parliament. The Kingdom of Scotland hath no more Right of joint Exercise of Interest of disposing the Person of the King in the Kingdom of England, than they have Right of joint Exercise of Interest in our Inheritance, Lands, Stocks, or the like, which your selves bring as Examples to this Case.
From our Declaration of the 5th of August, 1645 sent to the Lords States General of the United Provinces, as recited by you, (viz.) They were united by solemn Covenant made to Almighty God, and by League each to other, as one entire Body to prosecute this Cause, you cannot infer your Joint Right of disposing the Person of the King in England; for that Declaration was in answer to an Embassy from the Lords States-General, desiring to be admitted as Mediators for a Year; which by the Eighth Article of the Treaty we were not to make, without the joint Consent of the Kingdom of Scotland: And the words are not, That we are made one entire Body in all our Rights and Liberties; but, to prevent any such Construction as you put upon them, the words are, As one entire Body to prosecute this Cause: So as the being one entire Body, is, As to prosecute the common Cause; which they may well do in their several Vocations and Callings, without confounding the several Interests of the Kingdoms, and not to be one entire Body in our particular Rights and Liberties, which is the only thing in question. And as to that you call a notable Instance in that Declaration, viz. That by the Covenant both Houses of Parliament, and many Thousands of other his Majesty's Subjects of England and Ireland, stand bound as well as we to binder the setting up of the Church Government by Bishops in the Kingdom of Scotland: And that we as well as they stand bound to endeavour the Extirpation thereof in England and Ireland: We desire it may be observed, That that Expression in the Declaration is according to the Tenor of the Covenant, which obligeth us to fact in our several Vocations, without confounding the particular Interests of the Kingdoms; and no words in that Declaration infer any other sense; and your Inferences from the Covenant are directly against the Covenant, as doth before appear.
The Eighth Article of the Treaty is, That no Cessation, nor any Pacification or Agreement for Peace whatsoever, shall be made by either Kingdom, without the mutual Advice and Consent of both Kingdoms, or their Committees in that behalf appointed; who are to have full Power for the same, in case the Houses of the Parliament of England, or the Parliament or Convention of Estates in Scotland shall not fit.
Your Lordships Inference from this Article, That because we cannot make Peace without your joint Consent, we cannot therefore dispose of the Person of the King in the Kingdom of England, without your Consent, is thus clearly answered: The not making any Cessation, Pacification, or Agreement for Peace without you, and our disposing the Person of the King without you, do consist well together; and it cannot from hence be inferred, That therefore the place where the King shall reside until this Peace were made, he being in England, ought not to be at the Appointment of the Parliament of England.
We know your Lordships can and will witness with us, That since our Covenant and Treaty we have not received any Dignities or Offices from the King, nor suffered any Foreign Agents to interpose in this Cause, or any Messengers to pass between the King and Queen, or sent any Committees to the King, without your Consent, or done any thing with him that may admit colour of our making Peace without your joint Consent: But if disposing the Person of the King in England without joint Consent, be a making of Peace, and a Breach of the Treaty, then it unanswerably follows, That your Army hath made Peace with the King, and broken the Treaty, for they have disposed of him without our Consent, and since our Votes to the contrary.
If your Lordships had been pleased to have set down in your Paper the Ninth Article, you would never have drawn any Argument from thence for your joint Right in disposing the Person of the King in England. The words are, That the Publick Faith of the Kingdom of Scotland shall be given to their Brethren of England, That neither their-Entrance into, nor their Continuance in the Kingdom of England, shall be made use of to any other Ends than are therein expressed in the Covenant, and in the Articles of this Treaty. And that all matters of difference that shall happen to arise between the Subjects of the Two Nations, shall be resolved and determined by the mutual Advice and Consent of both Kingdoms, or by such Committees as for this purpose shall be by them appointed, with the same Power as in the precedent Article.
Now from the very words of the Eighth and Ninth Articles, the differences to be resolved and determined, are between the Subjects of the Two Nations: And in case the Two Houses of the Parliament of England, or the Parliament, or Convention of Estates in Scotland do not fit, are to be resolved and determined by their Committees who (as your Lordships construe the Article) would have Power finally to resolve and determine the Rights of both Kingdoms in the greatest Cases, and even without Instructions; the Cases being so various, as the Parliament could not possibly foresee all that might happen, to give Instructions in them: And therefore the Article, to avoid any such Construction, doth purposely provide, That the Resolving and Determining of the Differences in this Article, are only to be the Differences between Subject and Subject. We shall not think that our Brethren united with us in Covenant and Treaty, coming into the Kingdom to our Assistance, will insist to claim Right of Joint Interest to dispose of the Person of the King, he being in this Kingdom, and alledge the Ninth Article of the Treaty for it, which from the beginning to the ending provides against it: Your Lordships may with as much reason argue, That when you have possession of our Towns, or other Rights, if you do differ with us about them, you may, because you differ, claim joint Interest in them, for that all differences are to be resolved by the joint Advice and Consent of both, and alledge the Ninth Article of the Treaty for it. And now we hope your Lordships will rest satisfied, That we claim nothing against the Covenant, Treaty, or our Declaration of the 5th of August, 1645. sent to the Lords States-General of the United Provinces, but in pursuance of them.
And as to your Lordships Argument, That you may expect a Conjunction of Councils in disposing the Person of the King, because the Houses did think fit, that in the managing of this War there should be a Conjunction of the Councils of both Kingdoms, in reference to the English, as well as unto the Scotish Forces: Your Lordships well know, the Houses joining your Lordships in their Councils in managing their English Forces, was the single voluntary Act of the Two Houses, and not the joint Act of both Kingdoms, and was determinable at the pleasure of the Two Houses, and practised accordingly; and whensoever the Houses pleased, they did dispose their Councils and Forces without your Consent; and therefore a joint Interest of both Kingdoms cannot be argued out of it. Do you think if you had claimed it as a joint Right of Interest of the Kingdom of Scotland, that we should ever have joined you in our Councils, or governing our English Forces? It is most true, we did invite your coming to our Assistance, on Principles of common Interest; we did let you know, the one Kingdom cannot enjoy a firm Peace whilst the other is in War; we did put you in mind of the Affection and Duty which becometh Brethren: We still persist on the same grounds, and we most earnestly desire you to hold the Principles of common Interest, so understood; and then we shall hear of no further Claim to the peculiar Right of the Kingdom of England, as certainly we shall make none to the peculiar Rights of the Kingdom of Scotland.
Your Lordships speak of espousing our Quarrels; and at the Conference, and in your Papers, so often mention your forsaking your own Peace for us: (Not to look back on former Times) we desire you to remember, that the first part of this War was made against the Kingdom of Scotland by the King, and not by the Kingdom of England; that the Two Houses of Parliament did assist to procure your Peace, and as an unparallel'd Testimony of their Brotherly Affection, did give you Three hundred thousand Pounds.
And although it were not so often remembred by your Lordships in your Papers, yet we should not forget the Love of our Brethren in coming to our Assistance, and shall return any measure of Conjunction of Interest, that we have had (not got) from you, but hazard our own Peace for yours, and requite every Kindness you have done, or desired to do for us: And this your desire, That the same measure of Conjunction of Interest be given to you, which was got from you, may satisfy you, that the measure of Conjunction of Interest is upon common Principles, and not in the Exercise of each others particular Rights; for we have neither had nor do desire any particular Right in the Kingdom of Scotland; and therefore you by your own Argument ought not to desire any particular Right in the Kingdom of England. And do therefore obtest, By the common good of both Kingdoms; by the Love of Brethren; by the Treaty between the Kingdoms; by the solemn League and Covenant; by the Law of Nations; by Benefits formerly received and acknowledged; and by that universal Law of a Christian Life, (viz.) To do as you would be done unto; (which we desire you seriously to weigh;) By all these, and by whatever else may be obliging, we desire you not to claim to dispose of our particular and peculiar Rights; not to render us suspected with the People towards the Person of the King; not to do that which may strengthen the hands of any Malignant Faction amongst us; not to publish such things as may sow the seeds of a Disunion, which will be equally destructive to both Kingdoms; not to think it our duty alone to keep the Covenant; and not to forget the Honour, Freedom, and Safety of both the Kingdoms.
Your Lordships say, You acknowledge you are to presume the best concerning our Intentions, but are not therefore, to part with any Interest or Security, because we are honest and faithful. We conceive it unreasonable you should, and we never desired it; but if you be not to part with any of Jour Rights, are your Brethren of England to part with any of theirs? Should you claim that from them, which your selves say they ought not to claim from you? If you are to presume the best, what ground have you to suspect the worst, and make Suppositions that we will abuse our Rights? Indeed, my Lords, your Expressions in your Paper, That your Army by their Oath of Allegiance, your Committee of Estates by their Commission, your Officers by their Military Oath, ought to defend the King from Harms and Prejudices; your often repeating at the Conference, That the King came to your Army for Shelter and Defence, and therefore you are to preserve him; may endure such an Interpretation, as it you desired the people should believe that the King needs Shelter, Defence, and Preservation from the Kingdom of Scotland, and the Scots Army, against the Two Houses of the Parliament of England; and that the Parliament of England is more to be suspected, and less confided in, than the Scots Army. But if this be far from your thoughts, as we hope your Lordships will say it is, let it be also from your Expressions, from which such Inferences may be drawn. To that you say, the entring into the Covenant was to wipe off the Calumny and Aspersion of Rebellion, it hath no relation to the question in debate: Neither do we find any ground how or why the Parliaments of either Kingdom could have been taxed with Rebellion, though they had never joined in this Covenant; or if any such Aspersions could have been deservedly cast upon them, how the Covenant could have wiped them off.
We have already answered what you here repeat, for the King's voluntary Residence in either Kingdom; and have already told you (with the Reasons why) that it is not to the Question: Neither is the King in a condition for the Exercise of the Duty of his Place: But if he were, your Lordships may rest assured, the Two Kingdoms will never differ about his residing in the Kingdom of Scotland, for his doing the Duties of his Place there.
Your Lordships proceed, That it could not be expected from the Army under the Command of Sir Thomas Fairfax, (if they were in Scotland for your Assistance in like Case, as your Army is for ours) to deliver up the Person of the King, neither can it be expected from your Army.
This Argument might have been urged to us, if we had ever made any Allegation to that effect : But we shall say (even your Lordships own word) the Army under Sir Thomas Fairfax, in the like case, on the like Resolution of the Parliament of Scotland, ought to deliver the Person of the King in Scotland, to be disposed by the Parliament of Scotland. And now your Lordships receiving Satisfaction in this your main Argument, we shall not doubt but you will acknowledge our Right, as we do yours, and proceed accordingly.
In your next Argument you return (with an heavy Tax upon us) to the Law and common Practice of all Nations, not to deliver the meanest Subject fled to them, though for the greatest Crimes; and amplify it by our refusing the Act of Remanding, in the Fourth of King James: And if the meanest be not to be delivered, how will the World abroad condemn your Army for so Base and Dishonourable an Act, to deliver up the King, having cast himself into your hands, to be disposed at our Arbitrement. For(of us) your words of another Nation must be taken, we claiming the Right off disposing of him in England.
This rightly understood, will give Satisfaction to all the World in the Justness of our Desires and we shall put the Substance of the Argument in such words, as in rightly placing the Strength of it, none may be deluded.
It is thus: Every Kingdom challenged the disposal of the Persons within their own Kingdom, though they be the Subjects of another Kingdom: And on this ground it is clear, That the Kingdom of Scotland hath not the disposal of the meanest of their own Subjects, in whom they have the sole Right, that Subject being in the Kingdom of England; much less the disposal of the Person of the King, who is in England, in whom you allow the Kingdom of England to have a joint Right.
Your Army in England (we follow your Argument on the Law of Nations) cannot be considered in any other condition than our own Army; And will any Nation say, if the King were in our Army, that it were the least baseness or dishonour, (but their duty) for them to deliver up the Person of the King to be disposed by both Houses of Parliament? The King is not in the Kingdom of Scotland, and your Army is in the Kingdom of England; Is it not by your own Argument dishonourable (to say no more) for us not to dispose of the King in England? And we are confident your Lordships will rest satisfied, that there was no need of that expression, that the two Houses of Parliament should claim or require that, which was Base or Dishonourable for you to do. To what you say that the King cast himself upon your Army, and use the like Phrases in so many places of your Papers; we shall only say we had rather enjoy our own Rights, than debate upon what Grounds the King came to your Army, or if he had none, why he should think himself more sure in that Army, than in that of Sir Thomas Fairfax, or in that English Army that joined with yours in the service before Newark: Or why Monsieur Montreul a French Agent, to whose Lodging the King first came, was so many weeks at Southwell, the head Quarter of your Army before Newark, notwithstanding exceptions were taken by the English Committee, against his the said Agent's being there.
And now we come to those you call Objections, which being of your Lordships penning, and also the Answers to them, may be the more easily suited to your desires. But the matter in debate being, that the Kingdom of Scotland hath no right of Joynt exercise of Interest in disposing the Person of the King in the Kingdom of England. We shall place this our Assertion before your several Arguments or Objections against it, and then give Answers to them.
That it is sufficiently known, That the Scotish Army came not into this Kingdom in the Nature of Auxiliaries; for when it was desired by the Parliament of England, that the Kingdom of Scotland, should send an Auxiliary Army into this Kingdom, to be subject to the Directions and Resolutions of both Houses, it was absolutely refused, as may appear by the several Papers about that purpose yet extant; The Kingdom of Scotland did foresee, and consider how prejudicial it was to forsake their own Peace, and what infinite troubles, losses, and unavoidable danger, their engagement with the Parliament of England, against so powerful and prevailing an Enemy would bring upon the Kingdom of Scotland, and as they regarded not the large Offers, nor the Threats of the other side for ail their Prosperity, so there was no offer of Pay, or other worldly Advantage whatsoever from the Houses of Parliament, which could have induced them to undertake so bazardons and desperate a War. It was the good of Religion, King, and Kingdoms they set before their eyes; in order to which end they accounted nothing too dear Unto them, and having resolved to ingage in this Cause, for assistance of their Bretbren therein, they did not stand upon Conditions, but without respect to the season of the Year, the great strength of the Enemy, and either discouragements, they did in a short time levy an Army at their own charge, and because of the many Burthens then lying upon this Kingdom, were content for the present, to accept of a Summ towards the monthly entertainment of that Army, amounting to little more than half Pay, and to supercede all demands for further recompence, till the Wars shall be at an end. and seeing the Kingdom of Scotland was to quit their own Peace, and equally with England, to undergo the bazard of the War. it was found reasonable, that the Prosecution thereof and the making of the Conditions of Peace after the War, should be with joint advice and consent of both Kingdoms, and according to these grounds, a Covenant was agreed upon for the Reformation of Religion, and for Preservation of the Liberties of the kingdoms, and of the King's Person and Authority, together with a Treaty, wherein it is declared that the Scotish Army shall be commanded by a General appointed by the Estates of Scotland, and shall be subject to such Resolutions and Directions as are and shall be mutually agreed upon, and concluded between the Kingdoms, or their Committees in that behalf appointed for pursuance of the ends of the Covenant, of which one is to defend and preserve his Majesties Person.
Were the things in this Objection so as they are set down, yet it would not follow that therefore the Scotish Army ought not to deliver up the King to be disposed by both Houses, without the joynt advice and consent of the Kingdom of Scotland. And here we might leave all that is contained in this Objection; but for that many things in it, when rightly recited (now at least exceedingly mistaken) are proofs for our Assertion; and because from the matter of fact, mis-recited, there are many reflections upon us of ingratitude. We shall make a true state of this business from the truth of the matter of fact.
By the fourth Article of the Treaty, the charge of Levying, Arming, and bringing your Forces together, furnished with a Train of Artillery, was to be Computed according to the Rates, as if the Kingdom of Scotland were to raise them for themselves, and for the present to be done by the Kingdom of Scotland upon account to be repaid, or satisfied, when the Peace of the two Kingdoms is setled, yet who shall read the words in your Paper (viz.) that you did in a short time levy an Army at your own Charge, would little have expected, that that which you call your own charge, was to be repayed.
The fifth Article that this Army be payed as if the Kingdom of Scotland were to employ the same on their own occasions, and towards the defraying thereof, it not amounting to full months pay (these are the words) not as now in your Paper, Little More than Half a Months Pay, Be monthly paid thirty thousand Pounds Sterling by the Parliament of England, and if the State of Scotland shall have just cause to demand further satisfaction, when the Peace of both Kingdoms is setled (for what?) for the pains, hazard, and charges they have undergone in the same, they shall by way of Brotherly Assistance have due recompence made unto them by the Parliament of England.
And when we finally agreed upon a sum in gross, the residue of the whole Months Pay proportioned according to your own Rates, was given in, and claimed by your estimate, and together with all other demands for raising and maintaining your Forces, and for your pains, hazard, and charges satisfied by us, in the gross sum of four hundred thousand Pounds agreed to be paid unto you in lieu of all demands whatsoever. Can we now in reason conceive, that such an Army in the Kingdom of England so to be raised, and paid wholly by the Kingdom of England, should claim any right to detain the Person of the King in their hands, from his being disposed in England, by the two Houses of Parliament, if we had foreseen as much as your Lordships say you did, there would have been no such debate as now is?
It is most true, that by our Declaration of the 8. day of November 1642. and 27 of June 1643. when we invited your coming in, and when on the 19 day of July 1643. our Committees went to treat with you, to come to our assistance (whose arrival at Edinburgh was the 7. of August,) our Enemies were powerful and prevailing. It is also as true that all might have been lost, had not the good providence of Almighty God, mercifully and seasonably interposed in our greatest straights, and mightily changed the State of our Affairs between the time of cur invitation of you, and your coming in; between which time ninety three Colours of Horse of the Earl of Newcastle his Army, were utterly defeated in Lincoln shire, his old Army broken before Hull, the King's Army (where himself was in Person) wasted at the Siege of Gloucester, That Siege raised, the City relieved, and that Army broken at the Battle of Newbery, with some other happy Successes at Alton, Arundal, and other places; all which was to the great weakning of the Enemy and strengthning of our Party.
And whereas you will seem to intimate that for the good of Religion, King, and Kingdom, you did voluntarily forsake your own Peace, though you had considered how prejudicial it would be, and what infinite loss, trouble and danger, your ingagement with the Parliament of England would bring to the Parliament of Scotland; yet we desire you again seriously to consider whether Scotland could have continued in Peace, if the King had here prevailed against us; had not you more hazarded your Peace by sitting still, and letting a powerful and prevailing Enemy invade Scotland? Hath not last Year's Experience shewed you, what a Party he might have found there? Had it not been a greater Charge to defend your selves upon your own account, than by assisting this Kingdom to prevent your own ruin at our Charge? We cannot believe you can think you were out of Danger, though it was then your Lot to be the furthest from it of the two Kingdoms.
We did never imagine, that the Treaty (no way dis-advantageous to you) should be lookt upon as it seems it is, by these Words, We stood not upon Conditions; as if we ought to give you much better Conditions: Certainly if we, without any other relation, look only into the nature of the Conditions, Auxiliar es might be had (and are daily had in other parts and of your Nation) on the same or lower conditions. We should most gladly have omitted these things, but that they are mis recited in your Paper, and so often prest upon us: And we hope we shall both take notice of mutual Obligements to make our Brotherly Union more firm.
We shall before the World at all times manifest, that we shall go along with them that set the highest value on your Assistance, but we desire your Lordships would not, by insisting upon your own Deserts upon mistaken grounds, lay Reflections of Ingratitude upon us, of which you know we are not guilty. We have before so fully answered your Arguments from the Covenant and Treaty, and shewed that they directly make good our Resolutions, as we shall say nothing in this place to them; but observe, that in this Argument you mention the Defence of the King twice from the Covenant, yet in both places leave out the Words, in the Preservation and Defence of the true Religion and Liberties of the Kingdoms.
That although his Majesty riding one days journey, might wholly subvert the grounds of this Objection; Yet we shall not insist upon this Answer, because we conceive it toucheth not the true state of the Question, It hath been already cleared what is not, and what is the state of the Question, which being remembred, we do assert That the King coming voluntarily to the Scots Army, they cannot in duty deliver him against his will to the Houses of Parliament, without Consent of the Kingdom of Scotland; for the being in England takes not away the relation between the King and his Subjects of the Kingdom of Scotland, nor ought it to impede the performance of the mutual Duties founded upon that Relation, for Allegiance hath no limitation of place, being grounded upon the Law of Nature as well as the Law Municipal and So is rather universal than local; the difference of Place takes not away the Relation and mutual Duties between Parents and Children, and it is not the Place, but the Relation which gives Interest to the disposing the Person of the King. As his being in England takes not away the Relation between him and his Subject of Scotland, so it doth not insringe the mutual Obligations and solemn Engagements between the Kingdoms for joint Coursel in prosecution of the War, and setling of Peace: The King's coming to the Scotish Army being an emergency of our joint War, and the right disposal of his Person, the only means (for the present) of our joint Security and Peace; neither can the King's being in England prejudge any Right or Priviledge of either Kingdom. It is the fundamental Right and Priviledge of the Parliament of Scotland, and the Liberty of that Kingdom, (as we acknowledge it to be t' e Right and Priviledge of the Kingdom of England) that the Person of their King ought not to be disposed of, but with their advice and Consent. The place of the King's Residence (as was answered to us, when in the large Treaty it was desired his Majesty might sometime reside in Scotland) is at his own Election in either of the Kingdoms, as exigence of Affairs shall require, and be shall think fit; or else must be determined by the mutual Advice and Consent of both Kingdoms.
From all which grounds it is apparent, that the Kingdom where be resides for the time, may do no Act which may hinder his Majesty to perform the Office and Duty of a King to the Kingdom from which he is absent in Person, nor impede him to repair to that Kingdom, when the Affairs thereof shall necessarily require it; otherwise if the Kingdom where his Majesty resides hath the sole Interest and Right to dispose of his Person, the Estate of the Parliament of Scotland might upon former Occasions, and may now, in case the King and Prince shall repair to Scotland, lawfully detain them there, and make it the place of the ordinary Residence of them, and their Posterity, without the Consent of the Kingdom of England, which we acknowledge could not be done, without a manifest Prejudice and Injury to this Kingdom. Wherefore we cannot but conclude, that wheresoever the King be, in Scotland or England he being the King of both, ought to be disposed of for the good, and with the consent of both Kingdoms: And if it be considered, That the Scotish Army was invited and called into this Kingdom by both Houses in a Treaty, for prosecuting the ends of solemn League and Covenant, whereof one is to preserve and defend his Majesty's Person, there can remain no doubt concerning the Exercise of that Right and Interest in this Kingdom: And therefore it seems very strange, that when upon invitation they are come into England, as for other ends, so to defend his Majesty's Person their being in England should be made use of as an Argument why they should deliver up the Person of their King, to be disposed of as both Houses shall think fit; whereas it is alledged that the Treaty extends no farther than to the ordering and regulating of the Scotish Forces in relation to the War; although this be really answered from the nature of the thing, the King's coming to the Scots Army being an emergency of the War, and so the delivering of his Person comes under the Regulation and Direction of both Kingdoms, or their Committees, as an act of the Scotish Army, yet that all doubt may be removed, we farther all, That it is clear from the third Article of the Treaty, that the Scotish Army is to receive the Directions of both Kingdoms, or of their Committees, in all things which may concern the pursunance of the ends of the covenant and Treaty, whether in Relation to Peace or War. In the Eighth Article of the Treaty no Cessation Pacification or Agreement for Peace whatsoever is to be made by either Kingdom, or the Army of either Kingdom, without the advice and consent of both Kingdoms.
Herein is repeated what you have said before, some things are new, as that it begins with, (viz.) Although his Majesty riding one day's Journey might wholy subvert the grounds of this Objection, yet, &c. But we shall never suppose the King being in England, our Brethren of Scotland will take him out of this Kingdom, neither will suppose what differences between the two Kingdoms one day's Journey might make: It's one thing if the King had come duly unto you into Scotland, and clear another his coming to your Army in the Kingdom of England. You here repeat the King's voluntary coming to your Army, and we say we desire not to debate on what Grounds he came; We never said his being in England took away your relation to him, but that you have no right of disposing of his Person in this Kingdom; and by a former Argument of your own from the Common Law and Practice of all Nations, his being in England gives us a Right, if we had it not otherwise. And we desire your Lordships to consider, that by your Argument of the relation between the King and his Subjects, when you also assert the right of mutual performance and exercise of them, as well without as within each Kingdom respectively, in England as Scotland, or in Scotland as England, you confound the particular rights of the two Kingdoms, which would be a great violation of the Covenant: And if you may argue for your joint consent because the King's coming to you was an Emergency of War, you may by the same Reason claim a joint Interest in the disposing the Northern Counties, and say they fell into your hands as an Emergency of War.
If in your Allegation of the fundamental Right of the Kingdom of Scotland and the Liberty of that Kingdom you mean in Scotland, we did never dispute against it; but if you mean in England, then if we had taken the King before our Conjunction by the Covenant and Treaty, our disposing of him without your Consent had been against the fundamental Rights of the Parliament of Scotland, which we are confident you will not say.
And your Lordships having agreed at the Conference, that the Kingdom of Scotland hath no right of exercise of Interest in the Kingdom of England but by the Covenant and Treaty, and the two Houses of Parliament did not enter into that Conjunction with our Brethren of Scotland, to put the particular Rights of the Kingdom of England into a worse, but into a better condition by that Conjunction, and the Covenant and Treaty do provide accordingly; and that we have not parted with this Right by the Covenant and Treaty, we have formerly shewed.
You cannot apply the large Treaty, concerning the King's voluntary residency, to this question, whilst the King is not in a condition of exercising the duties of his Place, or disposing of his Person into any of his Kingdoms at his own Election, as in times of setled Peace; and if the King had been in Scotland in such a case as ours is, we should not have said more to your detaining him, than we desire you should now say to us. And whereas your Lordships say, It seems strange that you being come in upon invitation, as for other ends, so to defend his Majesty's Person, your now being in England, should be made use of for delivery of the King to be disposed by us, we understand not why the disposing of the Person of the King in England by both Houses of Parliament, and the defence of his Person according to the Covenant, may not well consist together. We demand to dispose of the King, because the King is in England, and you of all other, who come to defend our Rights, should not violate them; and it would be much more strange, if any should think that when we invited you, that by your assistance we might preserve our Interests, that we should invite you to dispose of our Interests.
You Argue from the third Article, the words whereof are, That the Army be commanded by a General appointed by the States of Scotland, and subject to such Resolutions and Directions, as are and shall be agreed and concluded on mutually between the two Kingdoms, or by Committees appointed by them in that behalf, for pursuance of the ends above mentioned, which are the ends expressed in the Covenant; we shall speak more of them in our Answer to your next Objection.
You apply, (but improperly) this third Article for your joint Right of disposing with us the Person of the King in the Kingdom of England, and why? because to defend and preserve his Person is one of the ends in the Covenant; you may as well say you have right of joint disposing all our Laws and Liberties; for to defend and preserve them, is one (and a main one) of the ends in the Covenant.
Your Arguments from the ninth Article are before answered, and here you again alledge the Covenant; and here again, as in the former Objection or Argument, when you mention that you are to preserve the Person of the King, you leave out the subsequent Words, In Preservation and Defence of the true Religion, and Liberties of the Kingdom.
No sooner did the King come to the Scotish Army, but the very same day, the Committee of Estates of Scotland residing with that Army, did acquaint the Commissioners of both Houses therewith, and not satisfying themselves with this, the day following they writ a Letter to the Committee of Scotland residing at Edinborough, and another to the Committee of both Kingdoms here, (which was communicated to both Houses) desiring the Advice of this Kingdom, as in a matter of common Interest, and declaring they would obey the joynt Resolutions of both Kingdom yet no answer or advice was returned unto them, either from the Houses or their Commissioners, but immediately after the surrender of Newark, they received information that five thousand Horse and Dragoons from Sir Thomas Fairfax's Army, were upon their march towards them Northwards (which the Honourable House Peers was pleased to give order to flop) there being no Emmy in those parts to be opposed upon consideration whereof, the Quarters wherein they had stayed dining the Siege of Newark, being extreamly exhausted, and the service for which they came thither being performed, for preventing of mistakes or new troubles between the Kingdoms, they removed into Yorkshire: And the King as he came unto them of his own accord, did voluntarily march along with them; upon several occasions afterwards they and we did earnestly desire the Honourable Houses to send a Committee to joyn and cooperate with the Committee of Estates there upon the place, in all things according to the Treaty, but no answer was returned, and from time to time the Houses acquainted with the proceedings in that Army, which were according to the Covenant, and the known Resolutions of both Kingdoms, to debar all such of either or both Kingdoms as had been in Arms against the Parliament from coming into their Quarters, or to the Court, or to the Kings Person, according to the desire of the House of Peers; And whereas it is affirmed, that by the Treaty the Scotish Army ought to do nothing without a joyn resolution of both Kingdom, as or their Committees, there is no such Clause in the Treaty, but they are to be subject to such resolutions as are and shall be agreed upon, and concluded mutually between the Kingdoms, or their Committees, as by Ordinance of Parliament the Army under the Command of the Earl of Essex or of Sir Thomas Fairfax was to receive and observe the directions of the Committee of both Kingdoms sitting at Westmirster; but in case no new directions were sent unto them, they were left to former Orders, if any were, or otherwise to their own judgment and discretion. There was never any such resolution agreed upon between the Kingdoms or their Committees, as that the Scotish Army should not receive the King, if be came unto them: But 'tis an agreement between the Kingdoms (in the Covenant) that they should preserve and defend his Majesties Person; And (in the Declarations of both Kingdoms) to rescue him from the common Enemy: So that the Scotish Army having often desired to know the direction and advice of the Houses of Parliament concerning the King, and no new directions being signified unto them, according to the Treaty, they were to observe the directions and resolution formerly agreed upon between the Kingdoms. And as the Scots Army do and will ever acknowledge, that they claim no power to dispose of the King's Person, but are subject to and shall be ready to follow whatsoever both Kingdoms shall agree upon as best for the King and Kingdoms; so their keeping and preserving his Majesties Person (as they would do to any Person of his Eminency and Relation, in an Army or Garrison Town) without the least thought of hindring his voluntary return to his Parliament, cannot be reputed or called a disposing of his Person.
The truth is thus; on Tuesday the fifth of May last, our Committees before Newark had notice the King was come to Southwell, the head Quarter of your; Army there, before they heard any thing from your Committees of it, who sent two of their Number to give our Committees notice of the King's coming to Southwell; which two did promise to deliver to the rest of their Number the desires of our Committees, That the King might not remove from Southwell. And afterwards our Committees hearing the same day the King came to your Army, that your Army was preparing to march, told your Committees of it, and of their former desire, That the King might remain at Southwell: your Committees denied there was any intention in your Army to march. And to the desire of the King's not removing from Southwell, they said, he was gene to kelbam before they beard from our Committees. Whereupon our Committees earnestly pressed them the King might return back to Southwell, and not to be at kelbam, where the body of your Army lay, to cajole, or disturb your Soldiers; but could not obtain the consent of your Committee thereunto. The next day our Committees hearing that your Army had disposed of their Provisions, and sent in for many Carriages, did again complain to your Committees, who again also absolutely denyed it, and said nothing should be done without our Committees having notice: Nevertheless, the next day being Thursday, your Army marched away, and took the King with them and when your Army were on their march, and not before, some of your Committees acquainted ours with it. Now it is most evident, that by the Treaty our Committees being equally to command and direct your Army as your own, and your Army obliged by the Treaty equally to obey them as a joint Committee, if you have any right because the King came to your Army, the King came to our Committees as to yours, and they had in that respect equal power to dispose of him. But what was done is before expressed.
You say you did write to the Houses, and your Paper intimates one reason of your going was, because you heard not from the Houses: You wrote on Wednesday and march'd away the next morning: Could you expect a return from the two Houses in that time, the distance being 100 miles? You alledge your march was after the surrender of Newark, when as it was only after the Commissioners for the Treaty had agreed, but before the Agreement was signed by the Committees and Governour of Newark, and the Town was not surrendred till the next day, which was done on some emergency a day sooner than was agreed on by that Treaty.
And shall we think that your Army should march away on the rumour of 5000 Horse and Dragoons of Sir Thomas Fairfax his Army marching Northward? But however, there was no such thing, nor did any such Order of the House of Peers, as your Lordships mention, ever come to the Army of Sir Thomas Fairfax; neither did the General, Lieutenant-General, nor any other Officer that ever they heard of, know of any such Order, till your Lordships mentioned it in your Paper of the 20th of October last. And it they had marched, they are under the Command of the Parliament, and have shewed themselves faithful and serviceable, and God hath exceedingly blessed their service to the good of both Kingdoms.
This being the true state of that business, our Committee of both Houses being upon the place at the Siege of Newark, and not so much as advised with by your Committees, what was fit to be done with the Person of the King (the disposing of whose Person with your joynt consent you now make a matter of so high concernment) but your Army contrary to engagement not to remove without the knowledge of our Committee, removing and taking the King with them, without any notice given to our Committee before their march, though nothing but a River parted the two Armies, with which our Committees did then reside. Your Lordships will now think, our Committees had reason to desire to return; and there was little encouragement for any other Committee to go down to your Army, especially considering that you took Carlile from the English Forces there, against the consent of the Committee then upon the place, -And that when yonr Army was at Bramham-Moor, a little before the King took Leicester, (the King then being very strong, and our Affairs in a hazardous condition) they were earnestly pressed by our Committee, then a joynt Committee with them, according to the Treaty, to march Southwards but contrary to their desires, and against their consent, your Army marched away Northward.
It's true, that you sent out Orders to debar all such of both or either Kingdoms as had been in Arms against the Parliament, from coming into your Quarters, or to the Court, or to the Person of the King: And 'tis as true, that they did come notwithstanding that Order, and yet no Man punish'd for breach of those Orders, that ever we heard of.
Your Lordships say, there is no such clause in the Treaty, as that the Scotch Army should do nothing without a joynt Resolution of both Kingdoms, or their Committees; and thence infer, you haying no joynt Resolution to the contrary, you might march away. But it is most evident from your Argument (for your example, the Army under the Earl of Essex or Sir Thomas Fairfax is not at all applicable to your inference) that 'tis wholly in your power whether the Kingdom of England shall ever joyn in directing of your Army or not. You had no Committee for fifteen weeks before Newark, and all that time our Committee could not order your Army for want of yours to joyn with them; when yours did come, they having a negative voice, did not agree to our Committees desires for the King's stay at Southwell, or acquaint them with your Armies going away, but denied it to them. So as that main thing in the Treaty, to join in ordering your Army, is both by your Practice and Assertion in your Paper rendered useless.
And in this Argument also is the Covenant recited for the defence of the Person of the King, and the words, in the preservation of Religion, and the Liberties of the Kingdoms (a main Clause, without which the other part ought never to be mentioned) are left out. Certainly, my Lords, we should never have argued thus from the Covenant and Treaty. And here you say again as formerly, Your Army claims no right to dispose of the King: But we say that de facto they do dispose of him, and must by your Argument ever do so, unless we agree to the joint consent of the Kingdom of Scotland for disposing of the King in England; and that from such grounds as, if admitted, would interest the Kingdom of Scotland in the Government of the kingdoms of England and Ireland, else you will not consent; and unless you consent, you say your Army ought not to part with him: So as he is to be disposed by you in England without our Consent, but not by us in this Kingdom without your Consent; which sure cannot be found in the Covenant.
There is a wide and manifest difference betwixt the relation the Scotish Army hath to any Subject of England, and the relation they have to their King; which are sufficiently distinguished in the third and fourth Articles of the Covenent: For by the one they are mutually obliged to preserve and defend his Majesty's Person; and by the other they are obliged to indeavour that all Incendiaries and Dividers between the King and his People, or betwixt the Kingdoms, be brought to Tryal and condign Punishment before the supream Judicatures of the Kingdoms respectively And the Kingdom of Scotland hath equal Right and Interest with the Kingdom of England in the disposal of the Person of the King, which they cannot pretend unto concerning the Person of any Subject of England.
This contradicts what you have formerly said, That one coming to another Nation ought not to be remanded, though for the greatest Crime. And let your Lordshipsconsider, that your Army in England is not the Kingdom of Scotland. And here also you recite the Covenant, as to the defence of his Majesty's Person, but omit the subsequent words, in the preservation of the true Religion, and Liberties of the Kingdoms. And as all Persons in both Kingdoms who have taken the Covenant, have bound themselves before Almighty God, to defend the King's Person in the defence of the true Religion, and Liberties of the Kingdoms; so are they to do it only in their several Vocations, without intrenching upon each others Rights and Privileges: For which reason also Incendiaries were reserved to the tryal of the supream Judicatories of the Kingdoms respectively, that their several Jurisdictions might not be prejudged or confounded
It hath been sufficiently answered before, that the Scotish Army neither hath, nor will take upon them to dispose of the King. He came unto them without Capitulation or Treaty, his Residence with them is voluntary and free, and they do nothing which may hinder him to come to his Houses of Parliament; but if the Kingdom of Scotland should cosent to the desire of the Houses, that they may have the sole disposal of the Person of the King, it being that which comes in the place of the Peace and Security of both Kingdoms, they would really quit the right interest they have, by the Eighth Article of the Treaty concerning the making of a Peace. For which soever of the Kingdoms is acknowledged to have the sole disposal of the King, may, without the other, make Peace with him, when, how, and in what Terms they please.
It's most true, it hath often been set down in your Papers, That your Army neither doth nor will take upon them to dispose of the King: Yet we know that de facto they do dispose of him. You say, He came without Capitulation or Treaty: We again desire you will not put us upon that debate. You alledge that his residence is voluntary and free, yet you sent us Word that you had set a strong guard upon him; and you cannot say, that the Covenant, Treaty, or fundamental Right of the Scotish Nation are, that he should be in voluntary Freedom with Us, but in restraint with You.
You argue, That the sole disposal of the King comes in place of Peace; which is not so, unless you will grant that you have now made Peace: For you have the sole disposal. But all this is before more at large.
We will not dispute what Power the Houses of Parliament formerly had to dispose of the Person of their King; but whatsoever Power or Right they have, the like is due to the Parliament of Scotland; and so the Person of the King being common to both, and indivisible, cannot be disposed of but by consent of both Kingdoms. It were another Question indeed, if it were as informer times, if we had different Kings, if there were not an Union of the Kingdoms under one Head and Monarch, if there were neither Covenant nor Treaty between the Kingdoms But since all these are, and that the Peace and Security of both Kingdoms is so much concerned in the disposal of the King, not any one of them without the other can justly pretend to the sole Judgment and Right to determine what is best and most expedient for the Safety and Security of both; nor can it in reason be made an Argument that the one Kingdom distrusts the other, because the one will not renounce and resign all Right and Interest they have in the Person of the King, and matter of their own Security and Peace to the Judgment and Determination of the other: Otherwise, according to this Argument, where there is any Trust, there should be no Contract between Person and Person, nor Treaty between Nations: Or if there be any Treaty or Agreement, the performance or not performance of it is to be left to Arbitrement. But we cannot see that this doth argue any Diffidence or Distrust, more than when private Persons lending Money to the Publick, desire Security, and will not depend upon Pleasure: And therefore though it is not to be questioned but the Houses of Parliament would dispose of the Person of the King, so as might consist with their Duty in performing the Covenant and Treaty; yet this can be no Argument why the Scotish Army should neglect their Duty, or the Kingdom of Scotland quit the Interest and Right they have in the Person of the King.
We have never allegded that the Parliament of Scotland hath not the like Exercise of Interest in Scotland as we desire to have in England, and yet this is often objected against us. But we do aver the Right of Exercise of Interest is distinct to each Nation: And from your own Argument, if we do not deny this Right to Scotland, why should you deny it to England? The Union of the Kingdoms under one Head doth no more confound the Exercise of particular Rights, then if under several Heads. We never desired you to renounce any Right of the Kingdom of Scotland; let us have the same Measure.
By your Argument it must follow, That by England's having the King of Scotland, the Kingdom of Scotland should be King of England: For although the Person of the King be not divisible, yet his Relations are divisible both in their Nature and their Exercise: The King of England and the King of Scotland are one Man, but they are not one Thing. And though those Relations are not divisible from his Person, yet is the Exercise of them divisible from his Person, as his Person is divisible from either or both the Kingdoms, and as the Kingdoms are divisible from each other in Place and in Power, in Right and Interest, within their several Precincts: And the exact Preservation of this Distinction is the best Means to prevent a worse Division.
And if, as you say, your desiring not to part with your Right doth not argue any Diffidence in us, now that it is shewed you of no Right, why will you be diffident of us, to hinder the Exercise of our particular Rights?
If this Argument were turned over, the Strength or Weakness of it may. the more easily appear. Suppose the King were here at Westminster, it may be upon the same Grounds urged, That the Kingdom of Scotland would have no Consent in his disposal; and so much the more, that the Houses claim the sole Interest and Judgment to dispose upon the King's Person, which we desire may be done joyntly, as may be best for the Security and Safety of both Kingdoms. And we see no Reason why it may not now be determined when he is in the Scotish Army, (who were intrusted by both, and subject to the Resolution of both Kingdoms) as well as hereafter, since he came thither of his own Accord, and his Residence there is voluntary; and if his Majesty shall think fit to repair hither to his Houses of Parliament, they shall do no Act which may either hinder or disswade him; but cannot constrain him, or deliver him to the Houses, to be disposed of as they shall think fit.
You object, your Army cannot part with the King without the Consent of the Kingdom of Scotland: The Kingdom of Scotland cannot Consent, unless they may joyn in the disposal of his Person; they will not join till it beagreed that he be disposed for the good of both Kingdoms: And can any thing then be more plain, than that the King is then to remain where he is (as we have said before) until you will be satisfied. And being where he is, we know, and so do you, that he is disposed of against our Consent. And if this Argument were turn'd over, it would remain good: For we do say, the Kingdom or Scotland had not right of joynt interest in disposing of the Person of the King if he were at Westminster; neither should we claim any, if he were duly at Edenburrough. And if this be a good Argument, it will follow, That you should have some of your Nation to reside continually with us, to advise and consent to what Places the King shall go upon every occasion of his remove, and upon every accident that may happen; considering the temper and condition of these times may call for sudden and different resolutions, and such as they are only capable to judge of, and to apply remedies unto who are upon the place.
We doubt not your Lordships are satisfied that the coming of the King to your Army was with a design on his part against the good of both Kingdoms; which, with his denying the Propositions being among you, are not Arguments that he ought to be left to his own will and pleasure.
Upon the whole Tract in your Papers we shall from brotherly Affection let you know, (to prevent the like for the future) That your Papers seem to be prepared, printed, and published to captivate the Hearers and Readers to trouble their Fancies and hinder the right understanding of the Question; that they may be led by an implicite belief; and seem to hold forth, That you will so manage your affair, as that if any difference should happen (which God forbid, and we shall always endeavour to prevent, though it arise elsewhere it may be laid on the Houses of Parliament: Your Papers throughout intervolving things of several natures, mis-reciting so many matters of fact, holding forth Examples and Similies, which if urged by us, were unreasonable; as if they were applicable to the present Debate, which yet they are not, that many Readers and Hearers, though they know not how to apply them to the Question between us, yet may think they are to it, because the Scotch Commissioners would not else have inserted them.
Having thus cleared the Right of the Parliament of England, in disposing the Person of the King in the Kingdom of England, We come now to the Propositions. But before we fall into the particulars of them, we shall give a short Answer to your Letter of the 24. of October last. You express therein, That the Scots Army having had no pay for six Months, have been forced to take free Quarter: Which we wonder to see, when your Army taketh 19700 l. monthly in Money, besides much free Quarter. And we sent your Lordships an Account of this, which we received out of the North; besides which they have had for one Year ending the last of October last, seventy two thousand nine hundred seventy two Pounds two Shillings and Elevenpence for the Custom and other Impositions upon Coals only.
Your Letter seems very compassionately to consider the Misery of the Northern parts; but the ways you propose of Remedy extend the benefit of your Compassion especially to the Scots Army; the which Armies removing into fresh Quarters in England, were to make them feel as much Misery as those it would leave. We shall provide what Money we can to enable the Scots Army to march into Scotland: But you know we are not engaged to you for two hundred thousand Pounds in present, as your Letter implies. But this is before more at large.
But whilst you would not have the King to go into Scotland (for you say that is prejudicial to both Kingdoms) neither would you have him go into Ireland, or beyond Sea, because you say that would not be a way to present Peace, but certainly prognosticate new Trouble:) and whilst you will not let the Parliament dispose of his Person in England according to their right; and the Parliament cannot admit of a Joint Right in you of disposing his Person here (for that were to admit a Joint Right in you in all the Liberties of this Kingdom,) how shall any be satisfied that this Question concerning the disposing of the Person of the King, shall not retard the marching of the Scots Army out of this Kingdom? Will they not inquire what will the Scots do with the Person of the King, when their Army marcheth cut of the Kingdom? To which we hope it will be answered, Our Brethren of Scotland are satisfied the Parliament of England will, according to their Right, dispose of the Person of the King in the Kingdom of England: And your Lordships may rest assured the Person of the King will be disposed by the Parliament of England, as may best conduce to the Good, Union, and Happiness of the two Kingdoms.
The Proposition you make for the King to come to us with Honour, Freedom and Safety; or that Commissioners may once again be sent in the Name of both Kingdoms, with Power to hear his Desires, and to endeavour the Satisfaction of Doubts and Scruples, is the same in substance made by himself in his Answer to the Propositions sent him by both Kingdoms, but that you also purpose that some may be sent to the King, and he desires to come hither; and your Lordships will not think they are more reasonable when made by you for the King, than when made by the King for himself.
And whereas your Lordships find a difference in the times when both Kingdoms sent to the King, in Answer to his Letters of the 26. and 29. of December last, desiring to come hither, for that he had then both Garrisons and Field Forces unreduced, we desire your Lordships to remember, That although those Passages of his having Garrisons and Forces be in the Letter, yet the main matter insisted upon was in these words, 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. And which doth further appear in another Letter sent from the Parliament and your Lordships in March last, in Answer to a Letter of the King's of the 23. of the same March, wherein the same Words of Satisfaction and Security are again expresly repeated; And there hath not been any Act done by the King since that time, that hath in the least given Satisfaction or Security to This Kingdom: But however, your Lordships well know, that the King, at the sending of the said last Letter, had no Forces in the Field, nor Garrisons unblockt up; and he hath as many Forces now, when you make these desires for him, as he had when to your unspeakable Grief, (as you say in your Papers) he, in his denial to grant the Propositions sent him from both Kingdoms, made then the same Desires for himself.
Your Lordships recite our Answer to his Majesty's Message of the 11. of September, 1642. to which we shall need say no more; there is a large difference between what is to be done to prevent a War, which the Common Enemy did begin by keeping the King from us, and what is to be done after such a War to secure a Peace.
To secure which, and to preserve brotherly Union between the two Kingdoms, which we most earnestly and from our hearts desire, we should use all means conducing thereunto, and endeavour to prevent all ways of Separation, and if we be in any, to hasten out of them, the true end of our Covenant, and this War being, that neither of us may be under any Oppressions. Let us both act for the common good of both, and each enjoy our particular Rights, such Union is strong and will be lasting; but where one gaineth upon the particular Rights of the other, and then argueth that he must keep it, and the other bear it; To avoid Dis-union, such Arguments are not to be often used, and such Attempts are to be forborn, lest they make a breach in Brotherly Union, which God forbid.
But we are confident the Right of the Kingdom of England will be acknowledged, and we possessed of it, and we shall make it appear how little cause there is for those groundless insinuations in your Speeches and Papers, as if the Parliament of England were averse from their Ancient and Fundamental Government by King, Lords and Commons, which we had thought the Declaration of the House of Commons, of the 17, of April, 1646. sufficiently cleared to the whole World; or that they were not as really forward as any, for the procuring of a safe and well-grounded Peace, which is the greatest and chiefest of our Desires; And it will be manifest to the Judgments and Consciences of all, That as we really endeavoured the good of the King and both Kingdoms, so shall we constantly and faithfully persevere in those endeavours, not doubting, but upon our sincere performing our Covenant and Treaties, the Blessing of God will so accompany us, as there will be a most sweet and brotherly Agreement between the Nations, and such a Conclusion as will be pleasing to God, and wherein, both Kingdoms shall find greatest Comfort and Happiness.
The two Houses, for the speedy raising the two hundred thousand Pounds for the Scots Army, hastned their Ordinances; first for abolishing Episcopacy; and next, for Sale of all Bishops Lands; which ran as followeth.
Die Veneris, 9. Octob. 1646.
An Ordinance of Parliament, for the abolishing of Archbishops, and Bishops, within the Kingdom of England, and Dominion of Wales, and for setling of their Lands, and Possessions upon Trustees for the use of the Commonwealth.
For the abolishing of Archbishops, and Bishops, and providing for the payment of the just and necessary debts of the Kingdom, into which the same hath been drawn by a War, mainly promoted by and in favour of the said Archbishops, and Bishops and other their Adherents and Dependents. Be it Ordained, and it is Ordained by the Lords and Commons in Parliament assembled, and by the Authority of the same; That the Name, Title, Stile and Dignity of Archbishop of Canterbury, Archbishop of York, Bishop of Winchester, Bishop of Duresme, and of all other Bishops of any Bishopricks within the Kingdom of England, and Dominion of Wales, be from and after the fifth day of September, in the Year of our Lord God 1646. wholly abolished and taken away, and are hereby abolished and taken away. And all and every Person and Persons are and be thenceforth disabled to hold the Place, Function or Stile of Archbishop or Bishop of any Church, See, or Diocess now established or erected, or hereafter to be established or erected within the Kingdom of England. Dominion of Wales or Town of Berwick, or to use or put in use any Archiepiscopal or Episcopal Jurisdiction, or Authority, by force of any Letters Patents from the Crown, made or to be made, or by any other Authority whatsoever, any Law, Statute, Usage or Custom to the contrary notwithstanding. And be it further Ordained, and it is hereby Ordained, That all Counties Palatine, Honors, Mannors, Lordships, Stiles, Circuits, Precincts, Castles, Granges, Messuages, Mills, Lands, Tenements, Meadows, Pastures, Parsonage, appropriate Titles, Oblations, Obventions, Pentions, Portions of Tithes, Parsonages, Vicarages, Churches, Chappels, Advowsons, Donatives, Nominations, Rights of Patronage and Presentation, Parks, Woods, Rents, Reversions, Services, Annuities, Franchises, Liberties, Privileges, Immunities, Rights of Action and of Entry, Interests, Titles of Entry, Conditions, Commons, Court Leet, and Courts Baron; and all other Possessions and Hereditaments whatsoever, with all and every of their Appurtenances of what Nature or Quality soever they be, which now are, or at any time within ten Years before the beginning of this present Parliament, were belonging to the said Archbishops or Bishops, Archbishopricks, or Bishopricks, or any of them, which they or any of them had held and enjoyed in the Right of their Archbishopricks, or Bishopricks, Dignities, Offices or Places respectively; Together with all Charters, Deeds, Books, Accounts, Rolls, and other Writings and Evidences whatsoever, concerning the Premises or any of them which do belong to any the said Archbishops, or Bishops, Archbishopricks, and Bishopricks, are vested and setled, adjudged and deemed to be and are hereby in the real and actual possession, and seizing of Thomas Adams Alderman, now Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clarke Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman, William Gibbs Alderman, Samuel Avery Alderman, Thomas Noell, Christopher Packe, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glide, William Hobson Francis Ash, John Babington, Lawrence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Story; their Heirs and Assigns; And that they the said Thomas Adams, now Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clarke, Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman William Gibbs Alderman, Samuel Avery Alderman, Thomas Noell, Christopher Pack, John Bellamy, Edward Hooker; Thomas Arnold, Richard Glyde, William Hobson, Francis Ash, John Babington, Lawrence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Story, and the Surviver and Survivers of them and their Heirs and Assigns, shall hold all such the Premises as are now held of the King, of the King his Heirs and Successors, as of his Mannor of East Greenwich in Fee and Common Soccage by Fealty, and the Annual Rents thereof respectively due, and payable within ten years last past, before the beginning of this present Parliament, and not in Capite, nor by other Tenures or Service; and shall hold all and every the Premises, which the said Archbishops and Bishops held of any other, than of the King, by the Rents, and other Services therefore due, and of right accustomed; And the said Trustees, their Heirs, Assigns, Farmers, and Tenants, shall also have, hold, and enjoy the Premises, and every of them, freed, accquitted and discharged of, and from the payment of Tithes, as fully as the said Archbishops, and Bishops did hold and enjoy, or ought to hold and enjoy the same, at any time, during the space of ten Years aforementioned, or any time since. And it is further by the same Authority ordained, That the said Trustees shall have power, and are authorized to make, nominate and appoint from time to time, fit and able Persons, such as they shall think fit, to survey the Premises in any County or Counties of England and Wales, and to hold Court of Surveys, and to demand, receive, and in safe Custody to put all the said Charters, Deeds, Books, Accounts, Rolls, Writings, and Evidences, that they may be put in such Place in the City of London, as the said Persons before named or the major part of them shall order and appoint; And the said Trustees, or any three or more of them as aforesaid, are hereby authorized and required to administer an Oath unto all and every the Surveyors, who shall take the same before he shall execute the said Place, in these Words, viz.
I A. B. do swear, that I will faithfully and truly, according to my best Skill and Knowledge execute the Place of a Surveyor, according to the purport of an Ordinance, entituled, an Ordinance of Parliament for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for setling of their Lands and Possessions upon Trustees, for the use of the Common-wealth. I shall use my best endeavour and skill to recover the Estate therein mentioned, and every part thereof, which shall be given me in charge, and to find out the true Values and Improvements thereof, and thereof shall make true particulars, according to my best skill and cunning; and the same from time to time deliver in writing close sealed up, unto the said Trustees, or any two of them, according to the true intent and meaning of the said Ordinance; and this I shall justly and faithfully execute, without any Gift or Reward, directly or indidirectly, from any Person or Persons whatsoever.
Nevertheless it is declared and ordained, that the said Persons before named, their Heirs and Assigns shall have and hold the Premises and every of them subject to such Trusts and Confidence as both Houses of Parliament shall appoint, and declare and dispose of the same, and the Rents and Profits thereof as the said Houses shall order and appoint; wherein the Lords and Commons do declare, that due respect shall be had towards such Persons and their Assigns as are interested in the Premises by virtue of any demise heretofore made, provided that the said Trustees their Heirs or Assigns shall not avoid any Leases made for any Term or Estate, not exceeding three Lives, or one and twenty Years in Possession, or in such manner as that together with the Lease in being shall not exceed three Lives or one and twenty years, so as the old and accustomed Rent and Rents or so much Rent and Rents, as the ancient and accustomed Rent amounteth unto, be reserved payable during the said voidable Term and Terms or Estates, and so as the said Leases have not been procured or purchased of any Bishop, since the first day of December, Anno Domini, 1641. And be it further Ordained by the Authority aforesaid, that if any Archbishop or Bishop have at any time since the first day of December, Anno Domini, 1641. made any Grant or Lease to any Person or Persons, Body Politick or Corporate of any the Houses, Mannors, Lordships, Messuages, Lands, Tenements, and Hereditaments, or any other the Premises aforesaid, or any of them in right of their Archbishopricks or Bislopricks, the same Grant or Lease shall be utterly void and of none effect; and the Person or Persons, Body Politick or Corporate, unto whom the same was made, shall have no Benefit thereby provided and be it ordained, and it is hereby obtained, that if any Person or Persons Body Politick or Corporate at any time or times since the first day of December, in the Year of our Lord God, 1641. who had any Grant or Lease for one or more life or lives, or any Number of Years of the Premises or any part thereof as is aforesaid and surrendred the same; To the End that he or they might have a new Grant or Lease granted or made unto him or them, which by this present Ordinance is made void, and the same was accordingly granted or made unto him or them; That the said Person or Persons, Body Politick or Corporate, who hath so surrendred any such former Grant or Lease, his and their Heirs, Successors, Executors, Administrators and Assigns, shall have, hold possess and enjoy such Time and Term as he or they had in any part of the said Premises by virtue of any such former Grant or Lease, in such fort and manner as he or they should have had, held, and enjoyed the same, if no such Surrender had been made, subject nevertheless to such Payments of Rent and other Services, and such Covenants, Conditions and Agreements as in the said former Leases were expressed and contained, saving unto all and every Person and Persons, their Heirs, Executors and Administrators, Bodies Politick and Corporate, and their Successors, other than the King, his Heirs, and Successors, all Archbishops, Bishops, and other than the Founders and Donors as Founders and Donors of and to the said Archbishopricks and Bishopricks, and their Heirs, all such Right and Title, Interest, Possession, Rights in Law, or Equity, Entries, Annuities, Commodities, Fees, and other Profits which they or any of them before the said first day of December, 1641. ought lawfully to have had in, or to the Premises, or any part or parcel thereof, as if this Ordinance had never been had or made; also saving to all such Person or Persons as have adhered, to the Parliament, all such Estate as he or they since the first day of May, Ar. Dom. 1641. have forfeited or made forfeitable for non-payment of Rent, or not performing of Services to any Bishop or Bishops, except it be in the Case of a Lease made utterly void by this Ordinance, by reason the same path been procured or purchased of any Bishop since the aforesaid first day of December Anno Domini, 1641. and likewise saving to Philip Earl of Pembrook and Montgomery and his Heirs, all such Right as he and they, have to the Message called Duresme House, and certain, Stables, late of the Possession of Thomas Bishop of Duresme, situate in the Parish of St. Martins in the Fields, in the County of Middlesex, lately granted by Act of this present parliament; this present Ordinance or any thing therein contained in any wise notwithstanding Provided also, and it is hereby further Ordained by the Authority aforesaid, that all and singular Revenues, Rents, Issues, Fees Profits, Sums of Money, and Allowances whatsoever as have heretofore been, and now ought to be paid, disposed, and allowed unto and for the Maintenance of any Grammar-School, or Scholars, or for or toward the Reparation of any Church, Chapel, High-way, Causeway, Bridges, School-house, Almshouse, or any other charitable or pious Use, or for maintaining of any Lecture, or Preachers payable out of any the Premises, or which are chargeable, or ought to issue out of, or to be paid for, or in respect of the said Premises, or any of them, shall be and continue to be paid and, allowed: as they were, and have been heretofore, any thing in this present Ordinance to the contrary in any wise notwithstanding. And it is further Ordained, that the Sheriff of every County and Place who is to attend the respective Courts where any Felony is to be tried and determined, shall provide and present to the Judge or Judges of such Courts, some able and sit Person to do such things as by the Office of the Ordinary have been used to be done which Person and Persons shall have Authority, and are hereby enjoyed to perform that Service in such manner as the respective Ordinaries heretofore have used to do. Provided also, that all Commissions upon the Statute of Charitable Uses shall Be valued; though the Bishop be therein omitted, and the other Commissioners shall proceed therein as fully as they might have, heretofore done, when the Bishop was therein named; and that all Issues triable by the Ordinary or Bishop, shall be tried by Jury in usual Course.
Die Martis 13 October 1646.
The Lords and Commons assembled in Parliament intending to raise the Sum of two hundred thousand Pounds, for the present service of the State, for the Encouragement of such as shall advance any Sum for and towards the same, and to the intent they may have notice thereof, do declare, That every Person who hath advanced any Monies, Plate, or Horses, with their Furniture and Arms, upon the Publick Faith, may for every Sum of Money he shall further lend, for the Advancement of the said Sum, be secured a like Sum more out of the Receipt of the Grand Excise in Course, and the sale of the Bishops Lands, (except Advowsans and Impropriations) which shall first happen, together with the Interest after the Rate of eight per centum, per annum, to be paid every six Months, out of the Receipts of the Excise, till Principal and Interest be fully discharged. As for Example, If there be owing to any Person 100 l. Principal, which, with Interest due thereupon, for three Years past, will make 124 l. he adventuring 124 l. more, may be secured for the whole 248 l. as aforesaid, and so proportionably for a greater or lesser Sum, and according to the Interest due thereupon: And for the more speedy re-imbursing of the said Money secured and lent for the purpose aforesaid, That the said Lands of the Bishops, (except before excepted) are Estated and made over to such Feoffees for the speedy Sale thereof, and such Treasurers for the Receipt of the Monies, as may give satisfaction to the Lenders. And the said Lords and Commons do declare, That it shall and may be lawful for any Person and Persons, to assign his Right and Interest in any Sum or Sums of Money owing to him upon the Publick Faith, as aforesaid, to any Person or Persons that will advance the like sum, in manner as is before expressed.
Die Lunq, Novemb. 16. 1646.
Whereas by an Ordinance of the Lords and Commons made the ninth of October one thousand six hundred forty six, the Name, Title, Stile, and Dignity of Archbishop of Canterbury, Archbishop of York, Bishop of Winchester, Bishop of Duresme, and of all other Bishops of any Bishopricks within the Kingdom of England and Dominion of Wales, from the fifth of September one thousand six hundred forty six, is wholly abolished and taken away, and all and every Person and Persons are disabled to hold the Place, Function or Stile of Archbishop or Bishop of any Church, See, or Diocess within the Kingdom of England, and Dominion of Wales, by any Authority whatsoever; And all Counties Palatine, Honours, Mannors, Lands, Tenements, and Hereditaments, and other the Premises in the said Ordinance mentioned, were and are vested, and setled, adjudged and deemed to be in the real and actual Possession and seizing of Thomas Adams Alderman, then Lord Mayor of the City of London, Sir John Wollaston Knight, Sir George Clerke Knight, John Langham Alderman, John Fowke Alderman, James Bunce Alderman, William Gibbs Alderman, Samuel Avery Alderman, Thomas Noell, Christopher Packe, John Bellamy, Edward Hooker, Thomas Arnold, Richard Glyde, William Hobson, Francis Ash, John Babington, Lawrence Bromfield, Alexander Jones, John Jones, Richard Venner, Stephen Estwick, Robert Mead, and James Story, their Heirs and Assigns, upon Trust and Confidence that the said Persons before named, their Heirs and Assigns, should have and hold the Premises, and every of them, subject to such Trust and Confidence as both Houses of Parliament should appoint, declare, and dispose of the same, and the Rents and Profits thereof, as the said Houses mould order and appoint. And whereas the said Lords and Commons the thirtieth of October one thousand six hundred forty six, have declared they intending to raise the Sum of two hundred thousand Pounds for the present Service of the State, that for the Encouragement of such who should advance any Sum for and towards the same, and to the intent they might have Notice thereof, that every Person who hath advanced any Money, Plate, or Horses, with their Furniture and Arms, upon the publick Faith, may for every Sum of Money he shall further ther lend for the Advancement of the said Sum, be secured a like Sum more out of the Receipt of the grand Excise in Course, and the Sale of the Bishops Lands (except Advowsons and Impropriations) which shall first happen, together with all the Interest after the Rate of eight Pounds per cent. per annum, to be paid every six Months out of the Receipts of the Excise, till Principal and Interest be fully discharged; as for Example, if there be owing to any Person a hundred Pounds Principal, which with the Interest due thereupon for three Years past will make a hundred twenty four Pounds, he adventuring a hundred twenty four Pounds more, may be secured for the whole two hundred forty eight Pounds, as aforesaid, and so proportionably for a greater or lesser Sum, and according to the Interest due thereupon: And for the more speedy re-imbursing of the said Money secured and lent, for the Purpose aforesaid, that the said Lands of the Bishops (except before excepted) are Estated and made over to such he Feoffees for the speedy Sale thereof, and such Treasurers for the Receipt of the Monies, as may give Satisfaction to the Lenders. And have thereby further declared, that it shall and may be lawful for any Person or Persons to assign his Right and Interest in any Sum or Sums of Money owing to him upon the publick Faith as aforesaid, to any Person or Persons that shall advance the like Sum in Manner as is before expressed. And therefore for and towards the satisfying of the said two hundred thousand Pounds to be raised, or so much thereof as shall be raised and of such Money as according to the said Declaration the said Lenders are to be repaid for Money, Plate, Horses with their Furniture and Arms, advanced upon the publick Faith, with Interest for the same, after the Rate aforesaid, The said Lords and Commons have declared and ordained, and do hereby declare and ordain, That the said Thomas Adams and other the Persons before named, and the Survivors and Survivor of them, and the Heirs of the Survivor of them, shall stand and be seized of all and singular the said Premises so vested and setled in them, their Heirs and Assigns (except Parsonages appropriate, Tithes, Tithes appropriate, Oblations, Obventions, Portions of Tithe, Parsonages, Vicarages, Churches, Chappels, Advowsons, Donatives, Nominations, Rights of Patronage and Presentation) and shall take all the Rents, Revenues, Issues and Profits, which were due and payable after the first of November, one thousand six hundred forty six, notwithstanding any Sequestration of the same, and all other the Rents, Revenues, Issues and Profits, that shall at any time hereafter become due and payable for the said Premises or any Part of them, until Sale shall be made of the same to the Uses, Intents, and Purposes herein and hereafter declared: And be it ordained that the said Trustees, or the major Part of them should have Power and Authority, and are hereby authorized, to take into their Assistance such Counsel learned, and to appoint such Stewards of Mannors, and all other Officers and Persons as they or the major Part of them should hold fit and necessary for the putting of this Ordinance in Execution, and to give such Fees, and make such Allowance to the said Counsel, Stewards of Mannors, Officers and Persons as they shall hold fit and necessary. And to make Warrants to the Treasurers for the Payment of the same, who are hereby required to pay the same accordingly, until Sale shall be made of the Premises, to the Uses, Intents, and Purposes herein and hereafter declared as aforesaid; That is to say, that out of the Money raised by the Sale of the said Premises, or any part of them that shall be sold, and out of the said Rents, Revenues, Issues and Profits of the said Premises or any Part of them, there shall be paid and satisfied the several Sums of Money with Interest at the Rate aforesaid, that by this present Ordinance are, or are intended to be paid and satisfied, together with all Charges to be paid or born, for or by reason of the Execution of the Trust in them reposed; and after the full and due Payment of the same, that they, their Heirs, Executors, and Administrators respectively shall stand seized and possessed of such of the said Countries Palatine, Honors, Mannors, Lands and Premises remaining unfold, and of the Monies raised by Sale of the Premises or of any Part of them remaining undisposed, for the Use and Benefit of the Common-wealth, as shall be limited and appointed by both Houses of Parliament: And be it also ordered and ordained by the Authority aforesaid, that John Blackwell senior of Moreclack in the County of Surrey Esquire, Sir William Roberts of Wisden, in the County of Middlesex Knight, Alderman Vyner, Colonel Richard Turner, James Russel, William Methold, Thomas Ayres of London Esquire, William Prime of Lincolnes-Inn Esquire, Robert Fenwick of London Esquire, Timothy Middleton of Stansteed in the County of Essex Esquire, Edward Cresset of London Esquire, shall have full Power and Authority, and hereby have full Power and Authority to treat, contract, and agree with any Person or Persons, for the Sale of the said Premises, or any of them in such Manner as is hereafter limited. And that the said John Blackwell, and other the said Persons last before named, shall receive of the Treasurers herein named, Two-pence in the Pound for every Sum that shall be paid to the said Treasurers, upon all and every such Contract and Contracts, for the Sale of the Premises or any Part thereof. And that the said Trustees or any five of them shall have full Power, and are hereby required to convey the Premises or any Part thereof, by Bargain and Sale inrolled according to the Statute, or otherwise by any good and sufficient Conveyance and Assurance in the Law, to any Person or Persons whatsoever, according to such Contract or Contracts, as shall be made by the said Contractors or any fix or more of them; and entered and certified to the said Trustees as aforesaid, by the Register herein, or hereafter to be named by both Houses of Parliament: And the Money that shall be raised by the Sale thereof, to be imployed according to the Trusts and Directions herein declared. And that all Bargains of Sale, Conveyances, and Assurances made of any Estate or Estates in Fee-simple, according to such Contracts as shall be agreed upon, between the Purchasers and the said Contractors before-named, shall be good and effectual in Law. And be it likewise ordained, that none of the said Trustees shall be Contractors, nor none of the Contractors, nor any of them, nor any other to their or either of their Use, or Uses, or in trust for them, or any of them, directly or indirectly, shall or do purchase the said Lands or any Part of them and every Purchaser of any Part of the Premises, his Heirs and Assigns, shall have, hold, and enjoy the Premises that shall be by him purchaser, discharged of all Trusts and Accompts, whereunto the said Trustees are or may be liable by Virtue of this present or the said recited Ordinance. And if any Contractors or any in Trust for them, or any of them, shall buy any Lands contrary to this Ordinance he or they shall forfeit the Estate and Money paid so for it. And of all, Suits and Questions that may arise or be moved upon Pretence of Sale at Under-values, or upon Pretence that the Sums by this Ordinance intended to be paid, were satisfied before such Sale made, and all other Claims and Demands whatsoever, saving the Rents and Interests saved by the said recited Ordinance, and of all Incumbrances made by the said Trustees, or by any claiming under them, or any of them. And the Discharge of the Trustees and Contractors, it is further declared and Ordained by the Authority aforesaid; That all and every the said Trustees, and Contractors shall be, and are hereby discharged and saved harmless, for whatsoever they or any one or more of them shall do in Pursuance of this Ordinance: And that if any Action shall be brought against them or any of them, for any Act done by them or any of them, in Execution of this Ordinance or Instructions herein mentioned, then they are hereby inabled to plead the general Issue, and to give this Ordinance in Evidence, and if a Judgment pass for them, they shall recover double Costs. And it is further ordained and declared, that the said Lordships, Mannors, Lands, Tenements and Here ditaments, veiled in the said Trustees by the said Ordinance of Parliament, intituled (An Ordinance of Parliament for the abolishing of Archbishops, and Bishops within the Kingdom of England and Dominion of Wales, and for the setling of their Lands and Possessions upon Trustees, for the Use of the Commonwealth) shall not be liable unto, but stand and shall be free and discharged of and from all Manner of Statutes, Judgments, Recognizances, Dower, Joyntures, and other Acts and Incumbrances whatsoever had, made, done or suffered, or to be had, made, done, or suffered by, from, or under the said Trustees, other than such Conveyances and Assurances as shall be by them had, made, done, or suffered in Performance, or Pursuance of the Sales and Contracts by them to be respectively made according to the Intent of this present Ordinance, and saving unto all and every Person and Persons, Bodies Politick and Corporate, their Heirs, Successors, Executors, and Administrators, all such Right, Title, and Interest as by the said Ordinance intituled (An Ordinance of Parliament for the abolishing of Archbishops, and Bishops, within the Kingdom of England and Dominion of Wales, and for setling of their Lands and Possessions upon Trustees for the Use of the Common-wealth) is or are thereby saved. Provided, and it is further declared and ordained: That whereas the late Bishop of Durbam; and other his Predecessors Bishops of Durbam have hitherto exercised and enjoyed as Count Palatines sundry great; Franchises, Liberties, and Jurisdictions, commonly esteemed and called Jura Regalia, that this Ordinance nor any Thing therein contained, extend not, nor be construed to extend, to give Power, or Authority to the Persons herein named, or any of them to sell, dispose, or any Way to contract for the said Jura Regalia belonging unto the said Bishop or his Predecessors, as Count Palatine, or any of them, but that the same shall remain in the said Trustees, named in a late Ordinance intituled, An Ordinance for the abolishing of Archbishops and Bishops within the Kingdom of England and Dominion of Wales, and for setling their Lands and Possessions upon Trustees for the Use of the Common-wealth, to be disposed of as both Houses of Parliament shall think fit and appoint, any Thing in this present Ordinance to the contrary thereof contained in any wise notwithstanding. Provided always, and it is further declared, and ordained, That whereas the late Bishop of Ely, and other his Predecessors Bishops of Ely, have hitherto exercised and enjoyed sundry great Franchises, Liberties, and Jurisdictions, commonly called Jura Regalia, that this Ordinance nor any Thing therein contained extend not, nor be construed to extend to give Power or Authority to the Persons herein named or any of them to sell, dispose, or any way to contract for the said Jura Regalia belonging to the said Bishop or his Predecessors or any of them, but that the same shall remain in the said Trustees, named in a late Ordinance intituled (An Ordinance for the abolishing of Archbishops, and Bishops within the Kingdom of England, and Dominion of Wales, and for setling their Lands and Possessions upon Trustees for the Use of the Common-wealth) to be disposed of as both Houses shall think fit and appoint, any thing in this Ordinance to the contrary thereof contained in any wife notwithstanding. Provided also, That the Buildings Fabrick, or Scite of any Cathedral Church or Churches, or any Chappels belonging to such Cathedral Church or Chappels, or any other Churches, churchyards, or Places used for Burial, shall not be sold or disposed of by Virtue of this Ordinance, any thing therein contained to the contrary not with standing Provided always that the Trustees, and the Treasurers for the time being, by Virtue of this Ordinance, shall pay, or cause to be paid unto the Assembly of Divines their constant pay and allowance, allowed unto them by former Orders of Parliament, with all their Arrears, out of the Rents, Revenues, and Profits belonging to the late Archbishop of Canterbury, until such times as the Lands and Revenues aforesaid shall happen to be sold away by Virtue of this Ordinance. And it is further ordained, That if any Person or Persons Body Politick or Corporate, who shall be Purchasers of any Part of the Premises, shall hereafter be evicted out of any Part of the Premises by Virtue of any eigne, right, title, or interest in, or unto the same; that in such Case, the said Purchaser and Purchasers so evicted, shall have full and due satisfaction, recompence, and allowance made to him, and them for the Monies paid or advanced for the said Purchase, and that in such Manner as both Houses of Parliament shall think fit: And if it be required by the Purchaser or Purchasers, or any of them, their, or any of their Heirs, or Assigns, one or more Acts of Parliament, or Letters Patents under the great seal of England by Authority of Parliament, shall hereafter pass, or be made for the further assuring of the Premises, or any Part of them unto such Purchaser, or Purchasers, their Heirs or Assigns requiring the same.
And be it further ordained, That all Rents, Revenues, Issues, and Profits, and all Sum and Sums of Money that shall be due or payable, by Virtue of this Present Ordinance for Sale of any of the Premises, shall be received by the said Wllliam Gibbs, Alderman, Thomas Noel, and Francis Ash, who are hereby constituted, authorized, and appointed to be Treasurers for the receiving, issuing, and paying out the same at Goldsmiths-Hall, or any other Place where the Trustees, or the major Part of them shall from Time to Time think fit, within the City of London, and are hereby authorized and appointed to take and receive the Subscriptions of every Person or Persons, Bodies Politick, or Corporate, that shall subscribe any Sum or Sums of Money for, and towards the raising of the said two hundred thousand Pounds intended to be lent And it is hereby ordained, that the said Treasurers, or any two of them, shall be, and are hereby authorized, Japan the Receipts or Certificates given by the former Treasurers, Receivers, or Collectors to any Person or Persons of what was formerly advanced by them in Money, Plate, Horses, Furniture, or Arms, upon the publick Faith, or hath or shall be assigned, unto them by any others, upon producing of the same to the said Treasurers, or any two of them, to ascertain their Principal, and Interest, and to give them Receipts for the same. As also for the new Money subscribed, and payed by Virtue of this present Ordinance, in the Name of the Parties to whom the same is owing or so assigned, which Receipts given by the said Treasurers, shall be a good and sufficient Ground to such Persons to whom the same shall be so given, their Executors, Administrators, Successors, and Assigns, to require the Sum, and Sums of Money therein mentioned. And further, that it shall, and it may be lawful for every Person and Persons, Bodies Politick or Corporate, who shall have any Monies due to him or them by Virtue of this present Ordinance, to grant and assign the same unto any Person or Persons whatsoever, and the same Grant or Assignment shall be good and, effectual to all Intents and Purposes whatsoever, and allowed of by every Person and Persons whatsoever, to whom it shall appertain to make any Allowance thereof as if he or they had lent the same themselves.
And if any Person or Persons, shall wittingly or willingly produce any false or forged Acquittance or Certificate to the said Treasurers, thereby to defraud the Common-Wealth; the Person or Persons so offending, shall lose and forfeit his Money lent, towards the raising of the two hundred thousand Pounds, or any Way due to him for Ready-Money, Plate, Horses, Furniture, and Arms, lent, or sent in by him upon the Publick Faith, or assigned unto him as afore-said, the Benefit where of shall be for the Use and Benefit. of the Common-wealth.
And be it further Ordered and Ordained by the Authority aforesaid that every Person or Persons who shall subscribe, as aforesaid, and not bring in the Money so by him or them subscribed, within eight Days after such Subscription unto the Treasurers appointed by this present Ordinance for the Receipt of the same, shall lose and forfeit the Money that shall be due unto him upon the Publick Faith unless he shall shew unto the said Trustees, or the major Part of them, some reasonable Cause to be by them allowed. And be it further Ordained, that the said Treasurers hereby constituted and appointed for the receiving and issuing out of the said Money, shall not issue or pay out any of the said Sum of two hundred thousand Pounds, to be borrowed for the Use of the Common-wealth, as aforesaid, but by Ordinance of both, Houses of Parliament: Which Ordinance, with the Receipt of the Party, or Parties, to whom the Money is appointed to be paid, shall be a good and sufficient Discharge to the said Treasurers, their Heirs, Executors, and Administrators. And the said Treasurers shall not dispose, disburse, or pay any other Sum, or Sums of Money that shall come to their Treasury; or be paid to them out of the Profits, or by Sale of any of the Premises, but by Warrant of the said other Trustees, or the major Part of them; who are hereby required to give no Warrant for the disposing, issuing, or paying out of any Sum or Sums of Money, that shall be received by Virtue of this Ordinance, but for the Purposes in this Ordinance contained. And if any Warrant shall be made for any other Purpose, the same shall be void.
And be it further Ordained by the Authority aforesaid, That as the said Treasurers shall receive ready Monies by Sale of the Premises, or by Receipt of the Rents and Profits of the same, deducting Charges and Allowances; they shall pay and divide the same to the Lenders, one fourth Part of their whole Debt that shall be owing to them in Course, as they did pay their Money, with the Interest then due; and so from Time to Time, till the whole be paid. Provided always, and it is hereby declared; that it shall and may be lawful for every Lender or Lenders, who shall become a Purchaser of any Part of the said Premises, to defalk or retain any Money that shall be due unto him by Virtue of this present Ordinance, upon every purchase that he or they shall make, if the Sum by him lent shall not exceed the Value of the purchase, or so much thereof as the same shall amount unto. And the said Treasurers shall allow the same accordingly.
And be it further Ordained, that the said Treasurers shall keep true and perfect Books of Accounts of all their Receipts, Disbursements, and Payments and shall give their Accounts to the Committee, for taking the Accounts of the whole Kingdom for the Time being; who are hereby required to take the same every six Months, and thereupon to give just Discharges to the said Treasurers. And after such Discharges, the said Treasurers, their Heirs, Executors, and Adminstrators shall not be further questioned for, or concerning any of the Matters for which they have had, and received such Discharges.
And to the Intent that according to the true Meaning of the said first recited Ordinance, the true Contents and Value of all and singular the Premises may be known, and the best Benefit and Advantage of them may be made for the Use and Benefit of the Common-wealth: Be it Ordained by the Authority aforesaid, That Hen. Elsynge Esq; Clerk of the House of Commons, shall be Register and Keeper of, and shall have the custody and keeping of all Records, Charter, Evidences, Court-Rolls, Leiger-Books, Writings, Books of Survey, Rentals, Certificates, and other Things of or concerning the Lands and Possessions of the late Archbishops and Bishops, or concerning any the Counties Palatine, Honours, Mannours, Castles, Lands, Tenements, Hereditaments, or other the Premises in the above recited Ordinance, and herein mentioned. And that all and every the Surveyors of the Premises shall make their Returns of all and every their respective Surveys by them taken from Time to Time, to the said Henry Elsynge, who shall make Entry of all such Surveys, Certificates, and other Proceedings, as shall from Time to Time be returned or certified by the said Surveyor or Surveyors of the Premises; And shall also make forth, Rate, and Sign all and every Particular and Particulars of the Premises, or any Part thereof, whereupon any Contract or Contracts for Sale or otherwise shall, or is to be had, or made. And all and every the said Contractors shall certifie all Contracts so by them, or any of them made, to the said Henry Elsynge accordingly, who shall make Entry of all and every such Contract and Contracts, and other Proceedings thereupon: Every which said Particular and Particulars of the Premises so to be made forth under the Hand of the said Henry Elsynge, shall be from Time to Time a good and sufficient Authority to and for the said Contractors, or any four or more of them, to contract, agree, or proceed thereupon; To have, hold, execute and enjoy the said Office or Place of Register and Keeper, by himself, or his sufficient Deputy, together with the yearly Fee of one hundred Pounds per annum, payable out of the Receipts, Rents and Revenues arising out of the Premises, by the Hands of the Treasurers herein before mentioned; on the Five and twentieth Day of March, the Four and twentieth Day of June, the Nine and twentieth Day of September, and the Five and twentieth day of December, Quarterly, by equal Portions; and other reasonable Fees for Writing, Rating, and Signing of the said Particulars, and otherwise in the Execution and Discharge of the said Place. Provided that the said Register and Keeper shall have but Three-pence the Sheet, of Things that are to be copied, and to write fifteen Lines in each Sheet. Which said yearly Fee of one hundred Pounds, the said Treasurers are hereby required and authorized to pay accordingly, and that the Acquittance of the said Henry Elsynge shall be a good Discharge to the said Treasurers and every of them, for the Payment thereof as aforesaid.
And it is hereby further Ordered and Ordained by the Authority aforesaid, That the said Trustees, or the major Part of them; the Survivors of them, or the major Part of them their Survivors, and the Heirs of the said Survivors, shall and may from Time to Time nominate and appoint under their Hands and Seals respectively, so many Persons as they shall think fit, to be Surveyors for the putting of this Ordinance in Execution touching the surveying of the Premises; Who shall have Power to go into all and every the Counties, Cities, and Places within the Kingdom of England, and Dominion of Wales, or into so many of them as shall be thought fit.
And it is further ordained by the Authority aforesaid, that the said Surveyors, or other Persons to be authorized, as aforesaid, or any three, or more of them, shall have full Power and Authority to enter into, and survey all, or any of the Premises, or any Part thereof; and they, or any three, or more of them, shall also have full Power, and Authority, as well by the Oaths of good and lawful Men, as by all other good and lawful Ways and Means, to enquire and find out what County Palatine, Honours, Manours, Lordships, Granges, Messuages, Lands, Tenements, Meadows, Leasaws, Pastures, Woods, Rents, Reversions, Services, Parks, Annuities, and or other Possessions, Privileges, Liberties, Immunities and Hereditaments whatsoever, of what Nature or Quality soever they be, lying, or being within every such County, or City, as aforesaid, did at any Time belong, or appertain unto all, every, or any such such Archbishops, or Bishops, in Right of Archbishopricks, Bishopricks, Dignities, or Places respectively, or to any other Person or Persons in Trust for them, or any of them as aforesaid, in Right of the said Archbishopricks, and Bishopricks, and what, and how much of the same is in Possession, and the true yearly Value thereof, and what, and how much thereof is in Lease, and for what Estate, and when and how determinable; when such Leases or Estate was made, and whether antidated, and what Rents, Services, and other Duties are reserved and payable during such Estate, or issuing out of the same: As also what Rents, Pensions, Charges, or other Sums of Money are issuing, due, or payable out of the Premises, or any part thereof: And what Lands or Premises are subject, or chargeable to, and with any good, pious, and charitable Use, or Uses, and the Certainty of the same; and to make one, or more exact and particular Survey, or Surveys, and Certificates of their Proceedings, which Certificate and Surveys shall be recorded, and all Charters, Evidences, Court-rolls, and other Writings belonging to all, or any the Archbishops, Bishops, Archbishopricks, or Bishopricks, or concerning any of the Counties Palatine, Honours, Manours, Castles, Lands, Tenants, Hereditaments, or any other the Premises before mentioned shall be kept in such Place in London or Westminster as the said Trustees, or the major Part of them shall think fit and appoint. And that the said Surveyors, or any three, or more of them, shall have Power and Authority, so often as they shall be thereunto appointed by the said Trustees, or the major Part of them, to keep Courts of Survey within any of the Counties Palatine, Honours, Manours, and Premises. And to call before them any of the Tenants, or other Persons whom they shall conceive to have any Interest in any of the Premises, to show their Writings' and Evidences, and discover what Right, Title, or Interest, they or any of them have or may claim, of, into, or out of the same, or any Part thereof. And also to examine by Oath or otherwise, any Person or Persons (other than such as have or claim to have Interest or Title therein) for, or concerning the Discovery of the Contents, Mets, Bounds, Extents, Titles, Rents, Improvements, Valuations, and Jurisdictions, of all, or any of the Premises: And for the discovering of any Records, Evidences, Writings, or Memorandums, concerning the same: And that as well the said Trustees, or any three of them, as the said several Surveyors so authorized, or any three or more of them as aforesaid, are hereby authorized to administer an Oath concerning the Premises to any Person or Persons (other than such as have or claim to have Interest or Title, concerning such the Premises as shall be in Question;) And also to commit to Prison any Person or Persons (other than such as have, or claim to have any Interest or Title as aforesaid) that shall refuse to take such an Oath, or discover his Knowledge concerning the Estate, Title, or Evidences, of any the Lands hereby intended to be sold and disposed of, or refuse to deliver such Evidences and Writings concerning the same, which are in his Custody or Power, and do not concern the Maintenance or Defence of his Interest, or such Rents or Profits as he had Title unto. And all Justices of Peace, Sheriffs, Mayors, Bay liffs, arid other Persons, are hereby required to be aiding and assisting to the said Surveyors, or any of them, in the executing of this Ordinance, provided, that it shall not extend to the imprisoning of any Peer of this Realm. And be it further Ordered and Ordained, by the Authority aforesaid, That the Commissioners of Excise and new impost for the Time being are hereby charged arid required upon the Certificate of the said Treasurers, certifying what Sum or Sums of Money are due and payable to any Person or Persons, Bodies Politick or Corporate, by Virtue of this present Ordinance, to pay Interest after the Rate of eight Pounds in the hundred for the same, to every such Person or Persons, Bodies Politick and Corporate, their Executors, Administrators; Successors or Assigns at the End of every six Months, during the Time that the said Sum and Sums of Money, or any Part thereof shall remain unpaid; which Certificate the said Treasurers are hereby authorized and required to make accordingly. And in Case the whole two hundred thousand Pounds, or so much thereof as shall be lent, and the Interest thereof, and such other Sum and Sums as are payable by this present Ordinance for Money, Plate, Horses with Furniture and Arms formerly advanced, with the interest thereof, shall not be satisfied by the Treasurers aforesaid, before all Sums of Money charged upon the said Excise or New Impost, by Virtue of any Ordinance of both Houses of Parliament, made before the twentieth Day of September last, (except the two Ordinances of Parliament for ten thousand Pounds, and four hundred Pounds for the Widows) shall be by the said Commissioners of Excise paid and satisfied; that then the said Commissioners of Excise upon the like Certificate from the said Treasurers as aforesaid, shall be, and are hereby charged, and chargeable to pay the same with Interest as aforesaid, or so much thereof as shall be then due and unpaid, and shall begin to pay the same when they have in ready Money one fourth Part of the whole Debt that shall be owing to the Lenders in Course, as they did pay their Money, with the Interest then due, and so continue until the whole Money hereby leaned to be paid and then unpaid shall be fully paid and satisfied, in such Manner as the Treasurers before mentioned were appointed to pay the same; and the said Certificates of the said Treasurers, with the Receipt of the respective Lenders shall be a good Discharge to the said Commissioners of Excise and every of them, for their Payment of any Sum or Sums of Money, by Virtue of this present Ordinance. And to the End a just and true Accompt, and Registry may be made, and kept of all and singular the Debts and Monies owing by the Parliament, to such Person and Persons as shall advance, or lend any Sum or Sums of Money upon the Security of the Bishops Lands, and the Grand Receipt of the Excise in Course, or which of them shall first be enabled to furnish Monies for the Repayment thereof, as also of all payments and disbursements which shall be made, or issue out of the same. Be it Ordained by the Authority aforesaid; That, for and during the Pleasure of both Houses of Parliament there be, and shall be one Register Accomptant, who shall keep a true and plain Accompt, or Accompts, of all and every Debt and Debts due, or owing by the Parliament, for Plate, Money, Horses, or their Furniture, to any Person or Persons, which shall have advanced or lent Monies as aforesaid and also of all such Interest as is, or shall be due upon or for the same; which said Register Accomptant shall have full Power, and is hereby authorized to view, peruse, and take Copies of all and every Books, Writings, and Entries, in whose Hands or Custody soever they or any of them are or shall be, wherein are or ought to be registred or entred any Monies, Plate, or Horses, with their Furniture, which have been lent, or set forth for the Service of the Parliament, to the End he may be the better enabled to discover, and find out whether according to the Notes, Entries, and Accounts as shall be brought in upon the foresaid Advance, the Plate, Monies, Horses, and Furniture mentioned therein, were at the Days and Times therein contained truly and really lent, and set forth for the Service of the Parliament or not; and upon due Examination made thereof, the said Register Accomptant shall make true Certificate of all such Debts which he shall find to be justly charged, together with the Interest due for the same unto the Treasurer or Treasurers for the Time being, appointed by both Houses of Parliament for the receiving of the Monies which shall be advanced upon the foresaid Security; upon whose Approbation or Allowance the said Register Accomptant shall give due Credit for the same upon Account, that so it may plainly appear how much, and to whom the Parliament is indebted; and when any Monies are paid or issued forth, he shall also make the Parties receiving the same Debtor upon the same Accompt, and perform all other requisite Services appertaining to the said Place. And the said Lords and Commons taking into their Considerations the faithful and good Service of Colonel Robert Manwairing, do hereby constitue and appoint him the said Colonel Robert Mamwairing to be Register Accomptant of all and singular the Accompts and Registries; which shall be kept of or concerning the Premises to hold, execute, and enjoy the fame Office of Register Accomptant, together with the yearly Fee of two hundred Pounds per Annum, payable out of the Rents and Proceed of the Bishops-Lands, by the Hands of the Treasurers thereof for the Time being, on the five and twentieth Day of March and the twenty ninth Day of September, half yearly by equal Portions. And for such Clerks or under Officers as shall be imployed in and about the Premises, the same shall be approved of by the said Treasurers, and receive such reasonable Salary for their Service as the said Treasurers shall from Time to Time think fit to allow.
And it is further Ordained, That John Fowke, Alderman of the City of London, shall be Comptroller of all Entries, Receipts, and Payments, which shall be made to or by the said Treasurers, and shall have Power and Authority by himself, or his sufficient Deputies, to keep Account of all Entries, Receipts, Payments, and Discompts whatsoever, which shall be made unto or by the said Treasurers; And the said Comptroller and his Deputies shall execute the said Place of the Comptroller in the Premises, according to the Instructions hereafter mentioned, and such other Instructions as the said Comptroller shall from Time to Time receive from both Houses of Parliament.
And it is further hereby ordained, That the said John Fowke shall have for Salary the yearly Sum of two hundred Pounds to be paid him quarterly by the said Treasurers, who are hereby authorized and appointed to pay the same, for which this present Ordinance with his Receipt, shall be their sufficient Discharge. And for the better securing of the principal Monies and the Interest herein mentioned, be it ordered and ordained, That the Excise and New Impost upon Commodities, mentioned in the Ordinance of the eleventh of September, one thousand six hundred forty and three, or any Ordinance or Ordinances of this present Parliament, made in Explanation and Continuance thereof, shall be continued, taken and put in due Execution, until such Time as all Sums of Money payable by Virtue of this present Ordinance shall be paid and satisfied; And the Payment of the said Monies to be due and payable by Virtue of this Ordinance, shall not be debarred, put by, or deferred from being paid out of the said Excise, as aforesaid, by any Order or Orders, Ordinance or Ordinances, of one or both Houses of Parliament, or otherwise by the Payment of any other or further Sum or Sums of Money, than the same was and is charged with upon the said twentieth of September last past (except as is before excepted.) And the Commissioners of the said Excise and New Impost for the Time being, are hereby charged and required, not to dispose or pay any Monies that they shall receive for the New Impost or Excise, after the same shall be charged in Course as aforsaid, with the Payment of any of the principal Money in this Ordinance contained, until such Time as the same, together with the Interest and every Part thereof then behind and unpaid, shall be paid unto the Person or Persons, Bodies Politick or Corporate, their Executors, Administrators, Successors, or Assigns, to whom, upon the Certificate of the said Treasurers as aforesaid, the same, shall be found due for any Sum of Money that shall be lent for and towards the raising of the said two hundred thousand Pound now to be raised, and of the said Sum of Money heretofore lent upon the publick Faith, which with the Interest as afore said, is to be paid by Virtue of this present Ordinance.
And be it further ordained by the Authority aforesaid, That the said first recited Ordinance, and this present Ordinance, and every Article, Clause, and Thing therein contained, shall be pleadable, and may be given in Evidence in any of his Majesties Courts of Justice or other Courts, and the Judges of all the said Courts, are required to allow and admit the same.
And it is also ordered and ordained, by the Authority aforesaid, That if the Trustees, or any of them, shall require it on the Behalf of themselves or the Lenders, one or more Act or Acts of Parliament, or Letters Patents under the great Seal of England, shall be passed for their or any of their further Security.
And it is lastly ordained, That this present Ordinance, and the former recited Ordinances, shall be printed and published in all Counties, and other Cities, Towns Corporate, Parishes, Towns, Hamlets, and other Place where the said Trustees, or the major Part of them shall think fit.
Provided always, and be it ordained by the said Lords and Commons, That neither this Ordinance, nor any Branch, Clause, Article, or Thing therein contained, shall extend to the great Capital Message, with the Appurtenances situate in Chancery-Line London, commonly called or known by the Name of Serjeants-Inn in Chancery-Lane, wherein the Judges and Serjeants of the Law, have for a long time lodged and resided, and still do lodge and reside, nor to any part of Lincolnes-Inn in Chancery-Lane, nor shall in any wise be prejudicial or any Disturbance to the quiet Possession of the said Judges or Serjeants that now are, or shall at any time hereafter reside and lodge in the said Messuage, or to any of the Society of the Lincolnes-Inn within Lincolnes-Inn aforesaid, any thing in this present Ordinance contained to the contrary thereof in any wise notwithstanding; but that the said Messuage and Lincolnes-Inn aforesaid, with the Appurtenances, shall continue and be a House of Lodging and Residence to and for the said Judges and Serjeants, and others of Lincolues-Inn aforesaid, and for their use and Benefit, in such manner as they have been used and accustomed, at and under the yearly Rents usually paid for the same, for the time that the said Rents is to continue by any Leases now in being. And that the said Trustees appointed by Order of Parliament for the Bishops Lands, and the Surviver and Survived of them, their Heirs and Assigns, shall dispose of the said Messuage, with the Appurtenances, from time to time, as by the said Judges and Serjeants for the time being shall be directed and appointed, saving to all and every Person and Persons, other than the said Bishops and their Successors, all such Right, Title, and Interest as they or any of them have or ought to have of and in the Premises.
Provided further, and be it Ordained, That the said Serjeants-Inn shall be in the disposing of both Houses of Parliament, after the expiration of any Lease now in being, saving to all and every Person and Persons other than the said Bishops and their Successors, all such Right, Title, and Interest, as they or any of them have or ought to have of and in the Premises.
Provided always that this Ordinance shall not extend to the putting out of any Stewards of any Liberties or Courts formerly appointed and made by Virtue of any Ordinance of Parliament, but that they shall continue and be, during such time as the said Liberties and Courts shall remain and be in the Hands of the aforesaid Trustees, and that they shall have and receive all such Fees, Profits, and Allowances, as formerly were allowed them, this Ordinance or any other Ordinance, Act, or Thing to the contrary notwithstanding.
Instructions for a Comtprol upon the Accounts of all Monies to be received and paid by or to the Treasurers appointed by this present Ordinance.
That the Comptroller by himself or his sufficient Deputies, attend daily according to the usual times, and be present at all Receipts and Payments, made within the said Treasurers Office, and make Duplicates or Entries of the same in fitting Books, to be provided and kept for that Purpose.
That every Tenant of the Premises or any part thereof and every Purchaser of the Premises, or any part thereof upon every Payment of any Sum of Monies that he shall make to the Treasurer, shall enter his Acquittance with the Comptroller, Which the Comptroller shall enter without Fee.
That the said Treasurers, or their Clerk to the Cash, shall weekly upon every Monday Morning deliver to the Comptroller or his Deputy, a Copy of all Receipts, Payments, and Disbursements, and to whom, during the preceeding Week; which the Comptroller is hereby required to enter in a Book to be kept for that Purpose; tend that no Payment to be made by the said Treasurers, shall be allowed upon their Accompt, unless an Accompt thereof be weekly given as aforesaid.
That the Register shall weekly from time to time make Certificate to the Comptroller of all Rents, and of all Rates of Particulars, and of all Monies payable upon any such Particulars, Contracts, or Bargains, made by Virtue of this Ordinance, which shall be for born upon Security, and how, and by whom the same is secured, and at what time payable; which certificate the Comptroller shall enter in a Book, to be by him kept for that Purpose.
Instructions for Contractors for the Sale of the late Arch-bishops and Bishops Lands.
That the Contractors shall be sworn before the Trustees, or any three of them, according to their best Skill and Knowledge faithfully to discharge the Trust committed to them, and that they shall not for Favour, Affection, Reward, or hope of Reward, break the same Trust; which said Trustees, or any three of them, are hereby authorized to administer the said Oath accordingly.
That the Demesne Lands of the late Arch-bishops and Bishops in Possession, shall not be sold under Ten Years Purchase, of the full Values they were at in the Year 1641. The same Rule to be observed proportionably in the Sale of Reversions, expectant upon Estates for Lives or Years.
That the due respect to be had by the Contractors, to the immediate Tenants, of any of the late Arch-bishops or Bishops, shall be in admitting them to the pre-emption of those Manours, Lands, Tenements, and Hereditaments wherein they have any Interest, so as the said Tenants do come within thirty Days after the return of the Certificates by the Surveyors, and agree to purchase the same; and in Case they do not agree within the said thirty Days, that then the said Contractors do sell the same to any other Person or Persons that shall desire to purchase them, so as such Sale be made at a higher rate than was offered by the said Tenants.
That upon the sealing of the Assurance, the Purchaser shall pay half his Purchase Money down, and the other half within six Months; and for the last Payment the Contractors shall take care, that they take good Security either by the Land it self, or else by Personal Security. The same Security to be given to the Treasurers.
That in all Cases where any Person or Persons, that have lent any Monies upon this Ordinance shall be Purchasers, their Monies so lent shall be esteemed as so much paid towards their Purchase, if it exceed not the Moiety of the Purchase Money: And for what exceeds the Moiety, that every such Purchaser shall be allowed Interest for it until the End of six Months, wherein the remainder or total of the Purchase Money is to be paid.
Instructions for the Surveyors of the late Arch-Bishops and Bishops Lands, which are to he surveyed.
That the Trustees as aforesaid shall have Power to nominate one, two, three, or more Surveyors to survey the Premises, or any part of them as they shall think fit, and that the Surveys and Returns made by any such one, two, three, or more Surveyors, shall be good and effectual to be proceeded upon, notwithstanding any Clause in any Ordinance of Parliament to the contrary.
That the Surveyor or Surveyors appointed, or to be appointed by the Trustees, shall Survey, and inquire what Timber, Buildings, open Quarries, or Mines are upon any of the Premises, and certifie the Condition and Values thereof.
That no Surveyor, or any his Child or Children, or any in Trust for him or them, shall be admitted to be a Purchaser of any part of the Lands surveyed, or to be surveyed by himself, upon pain of losing his or their Purchase-Money, and the Purchase to be void.
Provided, that nothing in the Instructions, Oath, or in this present Ordinance, shall be construed to compel the Surveyors to make any Admeasurement of the Lands, or any particular Survey, and of the Number of Acres, unless they in their Discretion shall think fit; the Intention of the Houses being, That the said Surveyors should make a speedy return of their several Surveys, to the End that a speedy Sale may be made thereupon.
Instructions to be observed by the Register.
That he do receive all Surveys, and Certificates to be returned by the Surveyors, and immediately after the Receipt thereof, fairly enter and Register the same in Books, to be kept by him for that purpose, and in an orderly manner, file, bundle up, and safely lay up, and keep the Originals.
That upon Warrant and Direction from the Contractors, he do make forth, and fairly ingross in Parchment, Particulars of all such Manours, Lands, Tenements, and Hereditaments, Buildings, Woods, or other things surveyed and certified into his Office, by the Surveyors, whereupon the Contractors are to proceed, or intend to make any Sale, and that they do examine and Sign the same Particulars, and deliver them to the Contractors.
That upon Contract or Agreement made by the Contractors, for any Manours, Lands, Tenements, Hereditaments, Buildings, Woods, or other thing contained in any Particular made forth, signed and delivered unto them by the Register, the said Particular be returned to the Register, together with the Order of Agreement or Contract made with the Purchasers thereupon.
That upon return thereof, he do forthwith rate the Particular, and ascertain the purchase Money, how much it comes to, at how many Years Purchase the Particulars contracted for are sold, and enter the same upon the said Particular, together with such other proceedings as shall be required by the Contract.
That he do return the Particular thus rated and ascertained to the Contractors, who are to sign the same, to attest the Agreement, and thereupon to desire and give Warrant to the Trustees to draw up and seal Conveyances thereof to the Purchasers accordingly.
That all Particulars thus finished, together with all proceedings thereupon, be fairly entred or registred by the Register, and be safely kept by him as Records, and that after such entring and registring thereof, the Register to deliver the said Particulars unto the Trustees to perfect the Sale as aforesaid.
And to the end this Service maybe performed in such manner as the Register may be able from time to time to give an Account of all proceedings (if he shall be required) to the Parliament, himself, or one of his Deputies, are to attend upon, and enter all Orders and Proceedings before the Contractors.
That he do weekly make Certificate to the Treasurers, Comptroller, and Register, Accomptant of all Rents, and all Rates of Particulars, and of all Monies payable upon any Contract upon any Particular, how much thereof is to be paid in Hand, and how much to be forborn, and for what time, and how, and in what manner the Sum or Sums to be forborn are to be secured.
That he do methodize and put in good Order all Charters, Evidences, and Writings, belonging to the late Archbishops, and Bishops, and all Books of Survey, and other things to be delivered to his Care and Custody, to be kept by him as Records, and make Catalogues of them and fit them, in such manner, as the Subject may readily see, and have Copies (if he desire it) of whatsoever shall be brought into the Registers Office, and be under his Charge and Custody.
17 November, 1646.
Ordered by the Lords and Commons Assembled in Parliament, That there be an Additional Allowance of three hundred Pounds per annum, allowed and paid unto Master Alderman Fowke, for his Sallary, for his Execution of the Place of Comptroller of the Receipts of Monies mentioned in the Ordinance, for the appointing the Sale of the late Bishops Lands, over and above the two hundred Pounds per annum appointed by the said Ordinance.
A Message came from the Lords to the House of Commons, That Col. George Monk, who was a Prisoner to the Parliament, had taken the Solemn League and Covenant, and was ready to take the Negative Oath likewise and that their Lordships conceiving him a fit Man to be imployed for the Service of Ireland, in Respect of his Valour and Abilities in Martial Affairs, do desire that he may have a Commission from the Committee of both Kingdoms for that Service; which the House of Commons agreed unto, and a Commission was granted to him accordingly.
The Parliaments General Sir Thomas Fairfax came to London, being met some Miles off the City by its Militia, and on Saturday Nov. 14. both Houses went to visit and congratulate him, at his House in Queen-street where first the Earl of Manchester, Speaker pro Tempore of the House of Peers, complemented him in the Name of that House; And they being gone, came the House of Commons, and Lenthal their Speaker spake as follows.
I have a very hard Task to perform, to present the Respects of the House of Commons according to your Excellency's Merit, and their Desires. To effect this accordingly, I should have informed my self from Histories, that have preserved the Memories of the famous Worthies of former Ages, and should have taken the Dimensions of the largest Coronets and Trophies wherewith they are made Glorious; and even those would rather streighten than enlarge the Temples of your Excellency: Or else I should have consulted some of the most Learned and Eloquent Orators, who have set forth the Glorious Gests performed in former Times, whereby I might have insisted on some Parallel for your Wisdom, Piety, Justice and Valour, but I conceived the Virtues and Success which God had bestowed upon you, were very hardly to be match'd, and rather needed more Industry and Memory to enumerate, than Oratory to Polish.
Heretofore when I read the Histories of the Acts of Famous Princes and Warriors in this or other Nations, it was not without some jealousie, that in them there was some Mixture and Glosses of Oratory and Art, the more to set off and give Lustre to their Acts, as Arguments of Emulation, for others to follow the Footsteps of their Virtues; but the Actions of your Excellency will add Lustre and Belief to them, being all verified in you. And; (indeed) here, considering the swift Marches, and the Expedition of those grand and difficult Attempts, which were prosecuted and effected by your Excellency, I may say, The Almighty came riding on the Wings of the Wind, for these were nothing else but the Magnalia Dei. acted in and by you his instrument.
It was the Custom of the Ancient Romans, after a glorious and successful Prince, to derive his Name to Posterity in Memory of his Virtues; as after that great Prince Julius Cesar, his successors retained the Name of Cæsars, as Augustus Cæsar, Tiberins Cæsar, &c. Thus hereafter all Famous and Victorious succeeding Generals is in this Kingdom (if the Time shall prove so unfortunate) will desire the Addition of the Name of Fairfax.
And surely the Honour of the late Lord General was not whilst the lived any way Eclipsed by the Succession or your Excellency in his Command but rather augmented, whilst each retained the Brightness of his own Honour, having both Rays enough to enlighten a Kingdom then overset with Clouds and thick Darkness.
I shall need to say no more but this, That the World will admire your Excellency's Worth, Posterity will honour your Name, and that the whole House of Commons, in the Name of the Commons of England, doth return you Thanks for your faithful and memorable Service: The Beginning, Continuance and Effect whereof I must solely attribute to the Almighty, the Lord of Hosts and Victories.
To this the General made a very Modest Return, expressing how much he esteemed himself Honoured by the great Respects of the Houses towards him, and that he accounted it his greatest Happiness under God to be in the least kind Instrumental for theirs and the Kingdom's Good.
The Monies on the before mentioned Proposals and Security of the Bishops Lands came in so Fast, that the whole Sum of two hundred thousand Pounds was this Day made up, and was ready at Goldsmiths-Hall; and the Scots Commissioners being made acquainted therewith, it was on the fifth of December, ordered and agreed, That the said Money should be sent down to York, and there told, and 100000l. thereof paid at North-Allerton within five Days after it is told That when that Money comes to Topcliff, the Scots should give Hostages that they should quit all their Quarters, possessions and Garrisons on the South-side Tyne, Newcastle, and Tinmouth, with all the Arms, &c. within ten Days, and upon Performance the Hostages to be re-delivered. And that then the Kingdom of Scotland shall have Hostages given them for Assurance that Be other hundred thousand Pounds shall be paid on the Northside Newcastle, within a Mile of the Works, within eight Days after the quitting Newcastle, Tinmouth, &c. and all their Forces drawn on the North-side of Tyne; That upon the Payment of the raid other hundred thousand Pounds on the North-fide of Newcastle the English Hostages to be released; And upon the coming of the Money out of Newcastle, the Scots are to give Hostages, that [their Army shall March out of the Kingdom, and quit Berwick and Carlisle, and slight the Garrisons in Scotland within ten Days, and then their Hostages to be delivered back.
Maj. General Skippon was recommended by Fairfax, as a fit Person to be made Governour of Newcastle, when it should be quitted by She Scots, and to command the Convoy that was to go down into the North, and to receive Possession of those Place; And the two Houses ordered the same accordingly. And on the sixteenth of December the Monies in thirty fix Carts marched out of London and Skippon met it at Northampton, to which Place also General Fairfax went down, the better to settle his Army in new Quarters.
The Commons Voted, That the Scots, after the Payment of the first two hundred thousand Pounds to them, shall take no free Quarter nor levy any Monies upon the Country; And both Houses agreed that a Committee of Lords and Commons should be sent into Scotland upon the departure of the Scots Commissioners from hence, which Committee should be enabled to satisfie the Kingdom of Scotland in all Points, and prevent Misunderstandings between the two Kingdoms; and for this Committee, the Lords named the. Earl of Stamford, and the Commons Mr. Asburst and Mr. Tho. Goodwin.
Hitherto nothing was agreed upon touching the disposal of the King's Person, but it was concluded that the same should not be any Hindrance to the marching away of the Scots Army upon the Payment of their Money.
The Parliament of Scotland had for some time been Sitting, and being on the 16th of December turned into a grand Committee to consider touching the disposal of his Majesty's Person, it was resolved, That present Instructions should be sent to their Commissioners to press his Majesty's coming to London with Honour, Safety, and Freedom, and that they should declare their Resolutions to maintain Monarchical Government in his Majesty's Person and Posterity, and his just Title to the Crown of England.
A Solemn and Seasonable Warning, to all Estates and Degrees of Persons throughout the Land; By the Commissioners of the General Assembly, Edinburg, 17. Decemb. 1646.
The Conscience of our Duty, and of the great Trust reposed in us, suffereth us not to be silent, nor to connive at the present Dangers which may justly be apprehended and expected from the Enemies of this Cause and Covenant; Who although they cannot in this Conjuncture of time appear in the same manner as formerly they have done; yet having retained the same Principles of (while they seem to lay aside their former Practices) do in a more covert and dangerous way still drive at their own Ends; And as Satan is neither Sleeping nor Idle though he appear not always as a roaring Lion So these who are inspired and acted by him, have their Wheels still moving, though sometimes they make no great Noise. Wherefore that we may truly and faithfully contribute what is incumbent to us, for preventing or removing any Occasions of new Troubles or Differences between the King and his People, in both, or either of those united Kingdoms, or between the Kingdoms themselves; And least the Church of Christ, and the true Reformed Religion be again tossed with another, and perhaps a greater Tempest in the depth, after we seemed to be near the Harbour; We have found it, not only competent to our Place and Calling, but necessary for us (according to former laudable Presidents both old and late) To emit this new Seasonable Warning to the People of God in this Land, and to all Estates and Degrees of Men therein; Whom we exhort, That first, and above all things, they apply their Thoughts to make Peace with God, To take notice of the remaining and renewed Tokens of Divine Displeasure against the Land, To tremble at the rememrance of former, and Appearances of future Judgments, To lament after the Lord, To lye low before the Throne of Grace, To cry mightily to Heaven for dispelling that Cloud of Sin which separateth between our God and us, and for turning away that Cloud of Wrath which hangeth over our Heads. There is Cause to be humbled and to repent, as for all our Iniquities, So for the too little Assistance which hath been given to such as have born the heaviest Burthen, and suffered most in this Cause; And for the too much compliance with, and indulgence to many who have been active in the late execrable Rebellion.
We know that none can reach the perfection of their Duty, neither will the Lord reckon with his People according to his Justice, but spare them who walk in the integrity of their Spirits, as a Man spareth his own Son, so that they may rejoyce in his Mercy, notwithstanding of their short-comings wherein they do not allow themselves; But wilful Neglects are just grounds of a great Controversie on the Lord's Part, and of deep Humiliation on ours: And we conceive that the Failings of many are such, because the Word of the Lord is a Burthen unto them; And though they walk in the ways of their own Heart, yet they say they shall have Peace; We would have none that are thus guilty to account light of it, and say, Is it not a little one? Every Duty whereto we are obliged in the Covenant, is of great consequence, and Breaches even in smaller things prove Inlets unto more grievous Revoltings.
When we consider how many who were once open Opposers or secret Underminers, being received to the Covenant, yet remain disaffected to the Ends of the same; We cannot but think that we walk in the midst of Snares, and that Mysteries of Iniquity work amongst us, which may produce most sad and lamentable Effects, unto the prejudice of our Religion and Liberties. Therefore, Because God hath no greater Quarrel against a Nation than that of a broken Covenant; Let all who fear an Oath, remember the Vows of God which are upon them, Watch and Pray, and take good heed that they be not cheated nor charmed into a violation of all, or any of the Articles of that Sacred and Solemn League and Covenant; And let those especially be observed and avoided, who do, or shall endeavour a Division and Breach between the Kingdoms, or the making of any Factions or Parties contrary to the Covenant, under pretence of preserving the King and his Authority, whilst they do not constantly and sincerely prosecute and press our frequent Desires of his subscribing the League and Covenant, and giving Satisfaction in all things to the just desires of both Kingdoms; which underhand dealing can prove nothing else, but an abusing of His Majesty for Mens own Designs: we wish that none suffer themselves to be deceived by any false Glosses of the Covenant under which some may possibly urge the keeping of it, so as to draw us into a certain breach thereof, and press the Defence of the King's Authority and of Religion, to engage us in those ways that would tend to the ruin of both: We are not now to press the want of full Satisfaction in the much-desired Work of Uniformity, as the ground of a Breach between the Nations; Though we still conceive, this Nation will never be wanting to prosecute that Work to the uttermost of their Power in all lawful ways, according to the League and Covenant.
These Kingdoms, after many fervent Supplications and faithful Endeavours all the Lovers of Truth and Peace, have been happily united into a League of Covenant, which to this Day hath been kept inviolably, notwithstanding, all the Oppositions of open Enemies, and plotting of secret Underminers; And we are confident, that none but such as have Hearts full of Atheism and Treachery, will attempt the Violation thereof, in whole, or in part; And that if any shall do the same, they shall expose themselves to the Curse of Almighty God, who will be avenged upon all that Swear falsly by this Name. We know that Men of perverse Minds, wanting the Fear of God, and measuring all things by their own Ends, may conceive of it as alterable, or at least, that all the Clauses or Heads thereof are not so to be stuck upon, but that some one or more may be dispensed with upon civil Advantages: But we have not so learned Chirst or his Word; Both Nations have Covenanted with God, and each of them with another, in things most lawful and necessary for the preservation and good of both, without any limitation of time: And therefore we and our Posterity are obliged before God un to the Observation thereof, as long as the Sun and Moon shall endure. The Sense of these things ought to be so deeply engraven upon the Hearts of all that are in trust, That as they should from their Souls abhor every thought of a Breach with England; So should they carefully and wisely study to avoid every thing that may prove a Snare and Tentation unto the same. Amongst other things, if his Majesty shall have thoughts of' coming to this Kingdom at this time, he not having as yet subscribed the League and Covenant, nor satisfied the lawful Desires of his Loyal Subjects in both Nations, We have just Cause to fear that the Consequences of it may be very dangerous, both to his Majesty and these Kingdoms; Which therefore we desire may be timely prevented.
For so long as his Majesty doth not approve in his Heart, and seal with his Hand the League and Covenant, we cannot but apprehend, that according to his former Principles, he will walk in Opposition to the same, and study to draw us unto the violation thereof, and the dissolution of the Union so happily begun between Us and our Brethren, To weaken the Confidence and Trust, and to entertain Jealousies, and make Divisions amongst our selves: Neither is it possible, but that our receiving him in this present Posture of Affairs, will confirm the Suspicions of the English Nation, of our underhand dealing with him before his coming to our Army; And make them, not without Cause, to think that we purpose to dispose of him without their Content, and to their Prejudice; which is contrary to the Profession of those that were in trust at his Majesty's first coming to the Scots Quarters, and overthroweth all the Arguments that have been used by the Commissioners of our Parliament in their Papers concerning The disposing of his Majesty's Person by the joint Advice and common Consent of both Kingdoms given in to both Houses of Parliament in England: Nor do we see how we can vindicate such a Practice from a direct Breach of our Engagements to them by Covenant and Treaty, which were not only to expose us into the hazard of a bloody War, but to involve us in the guilt of Perjury. And what greater disservice could be done to his Majesty and his Posterity, than to give way to a Course that might prove prejudicial to their Interest in the Crown and: Kingdom of England.
Our Carriage now for many Years past, in the midst of many Tentations, hath put us beyond all suspicion in the point of our Loyalty; nor have we the least thoughts of deserting the King's Majesty in just and good Cause, being bound by our Covenant in our several Vocations to endeavour with our Estates and Lives, to preserve and defend his Person and Authority, in the defence and preservation of the true Religion and Liberties of the Kingdoms: And so far as his Majesty shall be for these, we really are, and we trust the rest of his Kingdoms will be for him: Yet we cannot deny, but openly avouch it, That if his Majesty, (which the Lord forbid) shall not satisfie the just Desires of his People; Both Nations stand mutually obliged by that inviolable Covenant to pursue the Ends therein expressed (which cannot be divided) against all lets and impediments whatsoever. It is therefore our most earnest and longing desire, That as those who are in trust with the Publick Affairs of this Kingdom have heretofore with all Earnestness and Care in all their Addresses dealt with his Majesty, with much strength of Reason and vehemency of Affection, so they would still deal with him, to grant his Royal Consent to the Desires of both Kingdoms, for setling Religion according to the Covenant, and for securing a perfect and durable Peace (which we look upon as the only hopeful Means of preserving himself, his Crown, and Posterity) That his Majesty may return to his Houses of Parliament in England as a reconciled Prince to satisfied Subjects; And that Acclamations of Joy may be heard in all his Majesty's Dominions, and no found of War heard therein any more, except against the bloody Irish Rebels, under whose barbarous and cruel Perfection, our distressed Brethren, both in this Kingdom and in Ireland, are still groaning and crying out to us and to our Brethren in England, Be at Peace among your selves, and come to help us.
After the Reading of this Admonition, the Parliament falling again into debate touching his Majesty, Resolved, that his Majesty should be desired to grant the whole Proportions; and in Case of refusal, the Certifications given to his Majesty should be put in Execution, viz. To secure the Kingdom without him; And did declare, That the Kingdom of Scotland cannot lawfully engage themselves for his Majesty: He not taking the Covenant, satisfying as to Religion, &c. Nor would admit him to come into Scotland unless he gave a satisfactory Answer to the whole Propositions lately presented to him in the Name of both Kingdoms.
His Majesty's last most Gracious Message of Dec. 20. 1646 to the Lords and Commons of the Parliament of England assembled at Westmister, and to the Commissioners of the Parliament of Scotland at London, for a Personal Treaty.
His Majesty's Thoughts being always sincerely bent to the Peace of his Kingdoms, was and will be ever desirous to take all Ways which might the most clearly make appear the Candour of his Intentions to his People. And to this End could find no better Way than to propose a Personal free Debate with his two Houses of Parliament upon all the present Differences. Yet finding very much against his Expectations, that this Offer was laid aside, his Majesty bent all his Thoughts to make his Intentions fully known by a particular Answer to the Propositions delivered to him in the Name of both Kingdoms, 24 July last But the more he endeavoured it, he more plainly saw that any Answer he could make would be subject to Mis-informations and Misconstructions, which upon his own Paraphrases and Explanations he is most confident will give good Satisfaction, as would doubtless cause a happy and lasting Peace. Lest therefore that good Intentions may produce ill Effects, His Majesty again proposeth, and desires again to come to London, or any of his Houses thereabouts, upon the Publick, Faith and Security of his two Houses of Parliament, and the Scotch Commissioners, that he shall be there with Honour, Freedom and Safety: Where, by his Personal Presence, he may not only raise a mutual Confidence betwixt him and his People, but also have those Doubts cleared, and those Difficulties explained to him, without which he cannot (but with the aforesaid mischievous Inconveniences) give a particular Answer to the Propositions: And with which he doubts not but so to manifest his real Intentions for the setling of Religion, the just Privileges of Parliament, with the Freedom and Property of the Subject, that it shall not be in the Power of wicked and malicious Men to hinder the establishing of that firm Peace which all honest Men desire. Assuring them that as he will make no other Demands but such as he believes confidently to be just, and much conducing to the Tranquillity of the People: So he will be most willing to condescend to them in whatsoever shall be really for their Good and Happiness. Not doubting likewise but you will also have a due Regard to maintain the just Power of the Crown, according to your many Protestations and Professions. For certainly except King and People have reciprocal Care each of other, neither can be happy.
To conclude, 'Tis your King who desires to be heard, (the which if refused to a Subject by a King, he would be thought a Tyrant for it) and for that End which all Men profess to desire. Wherefore his Majesty conjures you, as you desire to shew your selves really what you profess, even as you are good Christians and Subjects, that you will accept this his Offer, which he is confident God will so bless, that it will be the readiest Means by which these Kingdoms may again become a Comfort to their Friends, and a Terror to their Enemies.
To the Speaker of the House of Peers pro tempore, to he communicated to the Lords and Commons of the Parliament of England assembled at Westminster, and to the Commissioners of the Parliament of Scotland at London.
The Lords voted, That the King being now in England may come to New-Market, there to remain with such Attendants about him, as both Houses of Parliament shall appoint; but the Commons agreed not with the Lords therein. And therefore voted, that Holmby House in Northamptonshire would be a, Place most fit for his Majesty, if he please to come thereunto, and abide with such Attendants as both Houses shall appoint.
The Scots Commissioners send Word to the Houses to acquaint them they were speedily to go for Scotland, desiring to know what further Service the Houses had to command them to the Parliament of that Kingdom. Upon which both Houses ordered their Thanks to be returned to the said Commissioners.
The two Houses sat this Day, tho' Christmas Day, and the Commons further debated the King's coming to Holmby, agreeing with the Lords, that his coming thither should be with Respect to the Safety and Preservation of his Majesty's Person, and in Preservation and Defence of the true Religion. And the Question being put, whether the Words [according to the Covenant] should be added, it pass'd with the Affirmative.
The House of Commons resolve to appoint Commissioners of both Houses, to go down to receive the King from the Scots, and to bring him to Holmby And the Commissioners named, were for the Lords, the Earl of Pembroke, Earl of Denbigh, and Lord Montague; of the Commons, Sir William Armyne, Sir John Holland, Sir Walter Earl, Sir John Cook, Mr. John Crew, and Major General Brown, but Sir William Armyne, desired to be excused on Account of his Health, and Sir James Harrington was appointed in his Stead. And they all set forth out of London, Jan. the 13.
His Majesty's Query to the Scots Commissioners upon Thursday the 14. of January, 1646.
It is a received Opinion by many, That Ingagements, Acts, or Promise of a restrained Person, are neither valid nor obligatory; How true or false this is, I will not now dispute; but I am sure, if I be not free, 1 am not fit to answer your or any Propositions: Wherefore you should first resolve me in what State I stand (as in Relation to Freedom) before I can give you any other Answer, the Reason of this my Question, the Governor can best resolve you;) But if you object the Loss of Time and Urgency of it, certainly in one Respect it presses none so much as my self, which makes me also: think it necessary that I be not to seek what to do when this Garrison shall be surrendred up, to demand of you, in Case I go into Scotland, if I shall be there with Honour, Freedom, and Safety, or how? Being ready to give you a farther and more particular Answer, how soon you shall have resolved these two Queries.
The Scots Commissioners Answer to his Majesty's Queries, Thursday the 14. of Jan. 1646.
I. To the First, in what State you stand, as in Relation to Freedom, the Parliaments of both your Kingdoms have given such Orders and Directions as they have thought fittest for the Good and Safety of your Majesty and the Kingdoms, to the General and Governor.
II. To your Majesty's second Query, of your going into Scotland, We shall humbly desire, That we may not now be put to give any Answer; but if your Majesty jesty shall either deny or delay your Assent to the Propositions, We are in that Case to represent to your Majesty the Resolutions of the Parliament of England.
His Majesties Answer to the Scots Commissioners.
I Know very well, that the General and Governor have received Orders concerning me; but the Question is, into what State those Orders put me in as relating to Freedom) to which you have either Power to answer, or not; if you have, then answer me; otherwise, send to those who can: And so for my second Query.
A Letter from the Parliament of Scotland to the parliament of England.
Our Commissoners at London and Newcastle, having received from the Honourable Houses the Vote of the first of January, and communicated the same to us; We have considered of it as a Business of very great Concernment to both Nations, And therefore have resolved upon the inclosed Declaration and Desires; Whereby it will appear how willing we are to comply with the Resolutions of both Houses; And how desirous to remove all Jealousies, for strengthning the Peace and Union, and maintaining a good Understanding between the Kingdoms, so firmly tyed by Solemn League and Covenant; and how confident, that they will satisfie our reasonable Desires, and make the Integrity of their Proceedings and Resolutions in all this Business concerning his Majesty, appear either by Declaration, or otherwise as in their Wisdom they shall think fit; whereby no Occasion of Calumny may be left to the wicked Enemies of either Nation. And as God hath blessed the joynt Endeavours of both, during our Armies abode in that Kingdom; so it will be a great Encouragement for us to hope for the Continuance of the same Blessing in Time coming, that our Resolution be known to be one at our removing, in Relation to all the Ends contained in our mutual League and Covenant; and if any Difficulty occurr there (for gaining of time) we desire, that the Honourable Houses may be pleased to send particular Instructions to their Commissioners at New- Castle, with whom we shall authorize ours to concur for the just Satisfaction of both Kingdoms; and we rest,
The Declaration of the Kingdom of Scotland.
Whereas it pleased God to joyn the Kingdoms of Scotland, England and Ireland in Solemn League and Covenant, for Reformation and Defence of Religion, the Honour and Happiness of the King, and their own Peace and Safety: And in Pursuance thereof the Scotish Army being in the Kingdom of England, the King's Majesty came to their Quarters before Newark, and professed he came there with a full and absolute Intention to give all just Satisfaction to the joynt Desires of both Kingdoms, and with no Thought either to continue this unnatural War any longer, or to make Division betwixt the Kingdoms; but to comply with his Parliaments and those entrusted by them, in every Thing for setling of Truth and Peace; and that he would apply himself totally to the Counsels and Advices of his Parliaments: Which he did not only profess verbally to the Committee of Estates with the Scotish Army; but also in his several Letters and Declarations under his Hand, to the Committee of Estates of Scotland, and unto the two Houses of the Parliament of England respectively. In Confidence whereof, and of the Reality of his Intentions, and Resolutions, which he declared did proceed from no other Ground, than the deep Sense of the bleeding Condition of his Kingdoms; The Committees of the Kingdom of Scotland and General Officers of the Scotish Army declared to himself, and to the Kingdom of England, their receiving of his Royal Person to be on these Terms, (which is Truth, notwithstanding what may be suggested or alledged to the contrary, by any within or without the Kingdoms;) and represented to him, that the only Way of his own Happiness, and Peace of his Kingdoms, under God, was, to make good his Professions so solemnly renewed to both Kingdoms. Thereafter, not only were Propositions of Peace (which after serious and mature Deliberation were agreed upon tendered to him in the Name of both Kingdoms for his Royal Assent thereunto; but also the chief Judicatories of this Kingdom, both Civil and Ecclesiastick, made their humble and earnest Addresses to his Majesty by Supplications, Letters, and Commissioners for that End; and did freely represent all the Prejudices and Inconveniences of the Delay or Refusal of his Assent, and in Particular, that this Kingdom would be necessiated to joyn with the Kingdom of England conform to the League and Covenant, in providing for the present and future Security of both Kingdoms, and setling the Government of both, as might best conduce to the Good of both. And the Parliament of Scotland being now to retire their Army out of England, have again, for their further Exoneration, sent Commissioners to represent their renewed Desires to his Majesty, with the Danger may ensue by his Delay or Refusal to grant the same; and that till then, there was Danger to the Cause, to his Majesty, to this Kingdom, and to the Union betwixt the Kingdoms, by his coming to Scotland; and that therefore there would be a joynt Course taken by both Kingdoms concerning the Disposal of his Person. And considering that his Majesty by his Answer to the Propositions of Peace in August last, and also by his late Message sent to the two Houses, and, by his Warrant communicated to the Estates of this Kingdom, hath expressed his Desires to be near to his two Houses of Parliament: And seeing also the Parliament of England have communicated to the Scotish Commissioners at Newcastle, and by them to this Kingdom their Resolution, That Holmby-House in the County of Northampton is the Place which the Houses think fit for the King to come unto, there to remain with such Attendants about him as both Houses of Parliament shall appoint, with Respect had to the Safety and Preservation of his Royal Person, in the Preservation and Defence of the true Religion and Liberties of the Kingdoms according to the Covenant. Therefore, and in Regard of his Majesty's not giving a satisfactory Answer to the Propositions as yet, and out of their earnest Desire to keep a right Understanding betwixt the Kingdoms, to prevent new Troubles within the same, to satisfie the Desire of his Majesty, of the two Houses of the Parliament of England, and of this Kingdom, for his Residence in some of his Houses near the Parliament of England: The Estates of the Parliament of the Kingdom of Scotland, to declare their Concurrence, for the King's Majesty's going to Holmby-House, or some other of his Houses in or about London, as shall be thought fit, there to remain until he give Satisfaction to both Kingdoms in the Propositions of Peace; And that in the Interim there be no Harm, Prejudice, Injury, nor Violence done to his Royal Person: That there be no Change of Government other than hath been these three Years past: And that his Posterity in; no Ways be prejudiced in their lawful Succession to the Crown and Government of these Kingdoms.
And as this is the clear Intention and full Resolution of the Kingdom of Scotland according to their interest and Duty in Relation to the Kings Majesty; So they are confident (from the same Grounds and manifold Declarations of the Parliament of England) that the same is the Resolution of their Brethren: And at such a Time they expect a renewed Declaration thereof and that they will give brotherly and just Satisfaction to the Desires herewith sent. like as the kingdom of Scotland do hereby assure their Brethren of England, that it shall be their constant Endeavour to keep, continue, and strengthen the Union and Peace betwixt the Kingdoms according to the Covenant and Treaties. Extracted from the Records of Parliament, subscribed by the Earl of Crawford, and Lindsay High Treasurer, of Scotland, and President to the Parliament, Witnessing thereunto the Subscription and Sign Manual of me Sir Alexander Gibson of Dury Knight, Clark of our Sovereign's Rolls, Register, and Counsel.
Desires of the Kingdom of Scotland.
- 1. That a Committee of both kingdoms be appointed to attend his Majesty, and press him further for granting the Propositions of Peace; And in Case of his Refusal, to advise and determine what is further necessary for continuing and strengthening the Union between the Kingdoms, according to the Covenant and Treaties; And that no Peace nor Agreement be made by either Kingdom with the King, without the other, according to the late Treaty betwixt the Kingdoms.
- 2. Next it is desired, that such of the Scotish Nation, as have Place or Charge about the King (excepting such as stand excepted in the Propositions of Peace) may attend and exercise the same; and that none shall be debarred from having Access to attend his Majesty, who have Warrant from the Parliaments of either Kingdom respectively, or from the Committee of either Parliament thereunto authorized.
- 3. It is desired, that the one Kingdom assist the other, in Case they be troubled from within, or from without for this Agreement.
- 4. That the Kingdom of England would speedily condescend, and agree upon some Competency of Entertainment for the Forces which we are necessitated to keep up, to suppress the Irish Rebels, whom by the large Treaty they are bound to suppress.
A Copy of the Parliament of England's Letter to the Parliament of Scotland.
A Letter from your Lordships dated at Edinburgh the 16. Instant, and the Papers therewith sent, having been communicated to both Houses of the Parliament of England, we are commanded to return this Answer. they do answer their Brethren of Scotland, that nothing needs to be said into them, for removing any Jealousies out of their Hearts, or for strengthening that Confidence which they have in the Affections of that Nation: And they do presume that the Proceedings of the Houses of the Parliament of England, from the very Beginning of these Troubles, are a sufficient Declaration of their Integrity, and of their constant Affection to their Brethren of Scotland. And as to the Desires of the Kingdom of Scotland they do return these Answers.
To the first, That when the King shall be at Holmby, and the Scotish Forces gone out of this Kingdom, both Houses of Parliament (saving according to their former Declarations the peculiar Rights of the Kingdom of England) will then appoint a Committee of theirs, to joyn with a Committee of the Kingdom of Scotland, to employ their best Endeavours to procure his Majesty's Assent to the Propositions agreed on by both Kingdoms, and presented to his Majesty at Newcastle, and to the disposing of the Bishops Lands, according to the Ordinances already passed both Houses in that Behalf. And in Case the King shall not give his Assent thereunto, however the Houses are still resolved, firmly to continue and maintain the happy Union between the two Kingdoms, according to the Treaties and Covenant; And that according to the late Treaty between the Kingdoms, no Cessation, nor any Pacification, or Agreement for Peace whatsoever, shall be made by either Kingdom, or the Armies of either Kingdom, without the mutual Advice and Consent of both Kingdoms.
To the second Desire, both Houses do declare, that it is not their Intention, by their appointing of Persons to wait upon the King in his Journey to Holmby, to make a Settlement of any Persons in any particular Places, nor to be any Prejudice to any of the King's Servants that are of either Nation, who have adhered to the Parliaments: And that none shall be debarred from having Access to his Majesty, who have Warrant from the Parliament of Scotland, or from the Committee of that Parliament thereunto authorized, except such as are disabled by the Propositions agreed on by both Kingdoms.
To the third Desire, the coming of the King according to the Votes of both Houses of the Parliament of England, being agreeable to the Covenant and Treaties; They do declare, that upon any Troubles that shall arise to the Kingdom of Scotland for the same, they will assist them according to the said Covenant and Treaties.
To the fourth and last Desire, both Houses return Answer, That their Garrisons being delivered up, and the Scotish Army and Forces being marched out of this Kingdom, they will take this their Desire into speedy Consideration. This being all we have in Command from the Houses, we rest,
The Commissioners that were to receive his Majesty came to Newcastle, Jan. 23. To whom his Majesty gave the Honour of kissing his Hand, and the Earl of Pembroke told his Majesty they were commanded by both Houses of Parliament to attend him to Holmby; at which his Majesty did not seem at all surprized, but enquired how the Ways were, &c.
On the 28th of Jan. the Scotch Lords being all with his Majesty; He told them he had often desired to go into Scotland, that he came, into their Army for Protection, and had it, but now, perceived they were not willing he should go to Edinburgh. And they being to deliver up the Garrisons, he desired to know how they would dispose of him, and for that End desired. them to withdraw, and consider to whom they would deliver him; which they did, and coming in again, They told his Majesty that they had considered of his Speech, and that since his Majesty had refused to take the Covenant and Sign the Propositions, they were to deliver him to the Commissioners of both Houses of the Parliament of England, who were come to attend him to Holmby.
On Saturday Jan. the 30th the Scots march'd out of Newcastle, and Skippon took Possession of it, and the Parliaments Commissioners received the King into their Charge, and soon after set forwards with him to Durham, and so on to Holmby, being met by the Way by Sir Tho. Fairfax, who kissed his Majesty's Hand, and having conducted his Majesty through Nottingham, took his leave very respectfully, and so his Majesty was brought to Holmby, where he arrived on Tuesday Feb. 16. 1646/7.