A Collection of the State Papers of John Thurloe, Volume 1, 1638-1653. Originally published by Fletcher Gyles, London, 1742.
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State Papers, 1646
De Newcastle, 1 Janv. 1646. [N. S.]
Je partis de Newcastel si promptement apres celle que vous m' avez fait 1' honneur de m' ecrire du 10 du passé pour aller en Ecosse; et j'y ai demeuré si peu de tems, que j'ai eté obligé de differer jusqu' à mon retour à vous rendre compte de mon voiage, et à vous faire scavoir l' etat, où font presentement dans ce roiaume les affaires du roi de la Grande Bretagne.
J'ai trouvé le parlement d' Ecosse divisé en trois factions; celle de Argiles, qui veulent detruire le roi et la monarchie, et qui le professent ouvertement; celle des Hamiltons, qui temoignent desirer la conservation de l' un et de l' autre, et qui travaillent puissamment sous main à la ruine de tous les deux; et la troisieme de ceux, qui ne dependent ni des Hamiltons, ni des Argiles, qui veulent ce semble maintenir le roi, et conserver la monarchie, mais qui ne se croient pas assez forts, ou qui ne font pas assez genereux pour prendre les moiens, qui seroient necessaires pour y parvenir. Ces derniers n'etans pas d' eux memes assez puissans, et voians les Hamiltons approcher plus de leurs sentimens que les Argiles, s' etoient comme rangez de leur parti au commencement de ce parlement; mais la resolution prise deux jours avant que j' arrivasse dans le commité (où ils ont accoutumé de preparer les affaires pour etre conclues dans le parlement) delivrer le roi aux Anglois, et de s' asseurer de sa personne, s'il pretendoit venir in Ecosse, à laquelle tous ceux du parti d' Hamilton avoient concouru, quoique le due et son frere y eussent resisté, avoient fait voir à ceux, qui composent le tiers parti, qu'ils ne devoient se fier que de bonne forte aux Hamiltons, qui n' agissoient avec eux qu' en apparence, mais qui travailloient en effet avec le marquis d' Argile.
Cependant quelque juste sujet que j'eusse de me defier du duc et de son frere, et d' attendre fort peu d' eux pour les interests du dit roi; je creus, que je ne devois pas laisser pour cela de leur faire voir la lettre de creance, que j'avois de sa majesté de leur rendre, aussi celles, que j'avois de m. l' ambassadeur pour le meme effet, et de leur exposer ensuite ma creance, en leur representant le deplorable etat, ou les affaires de leur roi se trouvoient reduties, comme sa derniere esperance etoit en eux, qu'il se mettroit entre leurs bras, et qu'il attendoit de leurs affections qu'ils-lui remissent la couronne sur la tête; que les considerations de l' honneur et de l' interest meme les y obligeoient, et y etoient engagez encore par les professions, qu'ils avoient faites jusqu' ici de lui vouloir servir, leur faisant voir ensuite la facilité qu'ils auroient en cette enterprise, et les assistances, qui leur seroient données de toutes parts; me gardant bien toutefois d' entrer dans le detail, et de leur nommer aucun de ceux, du service desquels sa majeste se pouvoit asseurer, de peur que ce que je croyois faire pour l' avantage du dit roi, et pour lui gagner les Hamiltons par la lumiere, que je leur donnerois, ne servit qu' à la ruine de ceux, à qui il reste encore en Angleterre et en Ecosse quelque affection pour le service de leur prince. Je leur proposai aussi de la part de la France, non seulement les assistances, qui leur seroient necessaires pour venir à bout de ce grand dessein, mais encore les recompences, qui pouvoient les exciter à l' entreprendre, ainsi que j'avois ordre de m. l' ambassadeur.
Ensin, monsieur je n'oubliai rien, ce me semble, de toutes les choses, qui pouvoient les porter à prendre le parti de leur roi. Mais quoiqu'ils me temoignassent, qu'ils etoient prêts de repandre jusqu' à la derniere goute de leur sang pour son service, quelques difficultez qu'ils firent ensuite, me donnerent sujet de croire, qu'il y avoit sort peu a attendre d'eux. Je les priai toutesfois de faire reflexion sur ce que je leur proposois, et leur dis que c'etoit une affaire de telle importance, qu'elle meritoit bien, qu'ils y pensassent plus d' une fois, avant que d'y faire une derniere reponse.
Les aiant done receus le même soir, ils me dirent, qu'ils vouloient mourir pour le service de leur roi, ainsi qu'ils y etoient obligez, et qu'ils etoient prets de le faire; mais qu'il ne tireroit aucun avantage de leur perte pour le retablissement de ses affaires, et qu'ils ne le pouvoient servir presentment, s'il n' etablissoit pas la religion, s'il n' approuvoit le convenant, et s'il ne donnoit une reponse, qui satisfit aux propositions, qui lui avoient eté presentées; c'est à dire, qu'il fit toutes les choses, que le parlement d' Ecosse desiroit de lui.
Comme je connus, qui je n' avois plus rien d'esperer des Hamiltons, je vis les comtes de Calender, Traquaire, Morton, Roxborough, et quelque autres du tiers parti, que je n'avois encore jugé à propos de voir jusqu' alors, à fin que le due n'en put concevoir de la jalousie. Je leur representai le danger, où etoit leur roi, ce qu'il se promettoit de leur veritable affection, &c.
Ils me firent tous entendre, qu'il n'eut pas eté difficile de le faire dans le parlement, si le duc d' Hamilton l'avoit voulu, ainsi qu'ils l'avoient attendu de lui; mais que comme il se contentoit avec son frere de parler hautement pour S. M. sans se faire suivre de pas un de son parti, il n'y avoit point d' apparence, qu'ils peussent servir leur roi, y aiant en effet deux partis contre le leur. Ils me temoignerent aussi, qu'ils auroient pû entreprendre quelque chose pour S. M. l'epee à la main, s'ils avoient eté assistez des Hamiltons, ainsi que quelques uns d'entre eux l'avoient offert au duc et à son frere; mais qu'ils ne le pouvoient sans cela, puisque le parlement d' Ecosse avoit une armée dans le pais et une autre en Angleterre, dont les principaux officiers dependoient ou des Hamiltons ou des Argiles. — De sorte qu'ils n' etoient pas capables de faire aucune chose pour le service de leur roi, s'il ne leur en donnoit moien en faisant lui même celles qu'on desiroit de lui presentement. — Je leur temoignai, que j' estimois fort leur zele, mais que je connoissois qu'il demeuroit inutile au roi de la Grande Bretagne, qui ne se porteroit jamais à faire les deux choses, qu'ils lui demandoient.
Voiant done que je ne pouvois ni empecher qu'on ne confirma dans le parlement ce qui avoit ete resolu dans le committé, ni même gagner un moment, je me resolus de partir le même jour, prenant conge de tous ceux, que j'avois connu affectionnez à leur roi, qui me dirent qu'il faloit que S. M. cedat à la necessite, et qu'elle ne se pouvoit sauver, s'ielle n' accordoit ce que les Hamiltons et Argiles demandoient.
Cependant quand je les ai ensuite pressez de me dire, si comme ils croyoient le roi perdu sans cela, ils etoient aussi assurez qu'il se sauveroit par ce moien? les plus prudens et affectionnez ne m' ont repondu qu' avec des dcutes. Et j'ai observé, que ceux, qui m'en ont asseuré le plus, sont ceux, qui desirent le moins son bien.
J' appris le jour suivant, jeudi, que les resolutions du committe avoient eté approvées au parlement, et que dans toute l' assemblée, qui etoit de plus de 200 personnes, il ne s' etoit trouvé que sept ou huit voix pour le roi; que le comte de Calender n' y avoit pas voulu assister; que le c. de Morton, &c. que le due d' Hamilton et son frere avoient protesté contre ce, qui se faisoit, et demandé que leur protestation fut enregistrée.
Vous pouvez juger, mons. par ce procede, si le dit roi a un dangereux ennemi en la personne du duc d' Hamilton, qui scait tirer de sa trahison méme des preuves de sa fidelité.
Je ne puis, mons. que je ne dis encore, que n'estant arrivé à Edinbourgh qu' une demie heuie avant que l'on commenca le sermon, le ministre ne laissa pas de me precher. Il ne me traita pas toutessois si mal, qu'il fit son roi, qu'il appella homme de sang, cause de la mort de tant de peuples, et ennemi de Jefus Christ.
Cependant, je n'ai pas manqué à presser la permission des levées, qui etoit le pretexte de mon voiage. — J'ai fait accepter la lettre de change, et bien que l' argent ne soit payable qu'à un mois de veue, je vous manderois, qu'il est tout pret, si j'osois me fier à la parole d'un Ecossois.
Oliver St. John to Oliver Cromwell.
I have herewithal sente you the order of the howse of commons for setling 2500 lib. per ann. upon you and your heires, and the ordinance of parliament in pursuance thereof in part, whereby the lands therin mentioned, being all the lands of the earle of Worcester in that county, are settled upon you.
I have likewise sente you a rent-roll of the quit rents. The manors consiste most of old rents. Theire are three advowsons. I am tould by coll. Norton and Mr. Wheeler, whoe know the lands, that they are accounted 100 lib. per ann.
I endeavoured to passe this for the presente, rather then to have stayed longer to make up the whole. Your patent was speedyly prepared, and is this day passed the greate seale. I have not sente it downe, but will keepe it for you, untill I receive your direction to whome to deliver it. The charges of passing the ordinances to the clerkes, and of the seale, my clerke of the patents hath satisfied; you shall hereafter know what they come to. I delivered a coppy of the ordinance to Mr. Lisle to sende it to the committee of sequestrations, whoe hath, togeather with a letter to them, desyred, that the sequestrators take care that noe wronge be done to the lands. That which principally moved me to it was, because I heard there weare goodly woods, and that much had bin formerly cut, that for the future a stop might be made. By the ordinance sente you, you will be auctorized to sende some bayliffe of your owne to husband the lands to your best advantage, which would be done speedilie.
There is another order of the howse for preparing an ordnance for a goodly howse and other lands in Hampshire of the marquesse of Winchester's. We had thought to have had them in the ordinance allready passed, but by absence of some, when I brought in the other, that sayled. Perhaps it is better as it is, and that the addition might have stayed this. You know to whome the marquesse hath relation, and in regard that our commission for the seale ends with this month, I desyred rather for presente to passe this, then to hazzard the delay. Mr. Lisle was ordered to bring in the other ordenance: it is not yet done.
Sir, Mr. Wallop, Mr. Lisle, sir Thomas Germayne have bin reall freinds to you in this busines, and hartilie desyre to have you seated, if possibly, in theire county. Remember by the next to take notice hereof by letter unto them.
Oh sir! what are these things to that righteousnes you last write of, or to that interest we have in him, whoe is Lord of all? All things are ours, because we are his; and whoe knows but that for his sake care long you must againe forsake these, and that the blessing is reserved to that time?
How things are with us, the messenger will relate. Truely, your poore freinds heare are reduced to the same condition as before Nasby Feilde (fn. 1). I'le say noe more. We have the same God, he hath delivered, and I trust he will deliver; or if he meane to take us from worke, that he may refresh us with his owne presence, it is as well. Let us have high and honourable thoughts of him. Let our actions be sutable. If we obtaine these, we obtaine great favour of the Lord.
Sir, my wife is your servant, soe is my sister and her chaplains, goodwife Johnson and Mr. Tho. Kar of Well. Mr. Peters for his 150 asses, and other freakes of his wit, will heare somthing from London.
Sir, if it be not presumption, my true and humble service to sir Thomas Fairfax. Deare cozen, pray for me, and forget not
18 Feb. 1645
Your most affectionate cozen and servant,
Ol. St. John.
For my hon. freinde lieut. generall Cromwell, these.
Draught of an answere to his majesties last message.
Die Lunæ 30 Martii 1646.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Ordered by the lords in parliament, that the members of this house, that are of the committee of both kingdomes, doe communicat to the Scotts commissioners the answer of both houses to his majesties last message, and to desire their concurrence therein.
Jo. Browne, cler parl.
May it please your majestie,
Wee yor humble and loyall subjects of both kingdomes, haveing receaved yor letter of the 23 instant, doe humbly returne this answere, that untill satisfaction and security be first given to both yor kingdomes, and for the reasons mentioned in our answere to yor former letters, your majesties comeing hither cannot be for your owne good, nor your kingdomes, nor by us admitted; and your majesties assent unto the propositions, which wee intend speedily to present unto yow, wil be the effectual meanes to give the satisfaction and security, which is defired.
30 March 1646.
Coppie of the letter sent by the estates of parliament to their commissioners at London. Copy.
From the public records of Scotland in the laigh parliament house at Edinburgh.
Ze will perceive by the inclosit copie of our letter to his majestie, the resolutione taken be ws for our sitting. Wee haif also callit the incendiaries in the publict audience of the parliament, and red the dittay against the erle of Traquaire, whose submissoune we haif resuised to attest for verie good reasounes, wheirwith we shall acquaint zow heireafter; and haif written to his majestie, that he may be sent home to abyde his tryall befoir ws; whairin wee requyre and command zow, that ze should labour cairfullie with his majestie, and als with the parliament of England, that both he and all other incendiaries may be returned home to underlye legall tryall, and not to be sheltered be our nighbour natioune, ester they ar indyted be ws of great and publick crymes; whairin ze shall returne ane accompt of your dilligence with expeditione, as ze will be answerable moir carefullie then ze haif done formerlie. We ar presentlie imployed upon the articles of the treatie, which ar of that weight and importance, as will requyre mature deliberatione. Everie estate doe advyse thairupon apart, for the moir orderlie proceiding and greater dispatch, and therafter we ar to meit thereupon in plaine parliament, and bring the same to our last deliberatioune; which we shall haisten so far as may stand with the gravitie of the subject. Ze may be confident, and assure his majestie, that we desyre not the least delay, bot acknowledge the same to be most prejudiciall to ws. We half hard from Newcastle, that the Inglish commissionars appoynted be the parliament of Ingland to compt for the debts auchtand be our armie to the two counties, hais proponed most exorbitant and unreasonable demandis under the name of thair damnages, amonting to great sowmes, and far surmounting the brotherlie assistance; and we haif sein the copies of two letters, the one written by the generall to the erle of Rothes, the other written to zow be these commissioners nominate upon those accompts for our pairt, which containe moir particular relatioune of these clames and propositiounes maid be the Inglish; whairunto wee remitt zow. Bot gis these demands should be grainted, we shall returne far worse then we advanced, and be burthened with great debt to Ingland, from whome wee expected releise and supplie, as was kindlie promised be thair graunt in parliament, which heirby will be maid elusorie, and moir taken from ws with one hand then was given with the other. Thairsor ze shall cairfullie labour to prevent this great prejudice, and shew the parliament, that we expect confidentlie from thame some better retributioune for the reall testimonies, which they haif had of our affectiounes. And that wee ar obleiged only to payment of quhatt hes bene resaved by the generall commissare and his substitutes, or by the officers and others of the army for thair benefitt and use; and not to refound the damag or deminutioun, which any of the counties mey alledg they have sustaned by deserting thair habitatiouns, or leaving of that industrie; whairby they might have maid greater benefitt of thair land and traid in tyme of peace; seing our loss at home of thus kynd will exceed all that we ar to receave in Ingland, and is irreparabill any other way then by the benefitt of peac and treuth, quhair we ar glaid that in thais countees and all Ingland dois schair with ws. And becaus the kingis advocatt, both by the laws and pratique of thus kingdome, is obleiged to persew all crimonalls, wee desyr yor lordships to persist with his majestie, that he may warrand his advocatt to assist the persuit against the incendiaries and others persewed befoir the parliament; which if the advocatt refuis to doe, he will be degraditt from his place, and declared incapabill of any place, and ane other putt in his roome. So commanding zow to be cairfull and diligent in the premisses, and to returne us speedie answer, wee rest
Your loving freinds.
Articles of peace [July] 1646 (fn. 2).
From the public records of Scotland in the laigh parliament house at Edinburgh.
The lords and commons assembled in parliament doe declare, that the king of England for the time being is bound in justice and by the duty of his office, to give his assent to all such lawes, as by the lords and commons in parliament shall bee adjudged to be for the good of the kingdome, and by them tendred unto him for his assent. And in pursuance thereof doe offer the ensuing propositions to his majestie to be made lawes, for a present setling of a safe and well grounded peace:
That an act or acts of parliament be passed, that the lords and commons in the parliament of England assembled, shall, during the space of twentie years, from the first of November 1647, arme, traine, and discipline, or cause to be armed, trained, and disciplined, all the forces of the kingdome of England and Ireland, and dominion of Wales, the isles of Guernesey and Jersey, and the towne of Berwick upon Tweed, already raised both for sea and land service; and shall appoint all comanders and officers for the said forces, and shall from time to time, dureing the said space of twenty years, raise, leavy, arme, trayne, and discipline, or cause to be raised, leavied, armed, trayned, and disciplined, any other forces for land and sea service in the kingdomes, dominions, and places afoirsaid, as in their judgements they shall from time to time, dureing the said space of tuenty years, think fitt and appoint; and shall from time to time appoint all comanders and officers for the said forces, or remove them, as they shall see cause; and shall likewise nominat, appoint, place, or displace, as they shall see cause, all comanders and officers within the severall garisons, forts, and places of strenth, as shall bee within the kingdomes of England, Ireland, and dominion of Wales, the isles of Guernsey and Jersey, and towne of Berwick upon Tweed; and that neither the king, his heyres nor successors, nor any other, but such as shall act by the authority or approbation of the said lords and comons, shall dureing the said space of tuenty years exercise any of the powers afoirsaid.
That moneyis be raised and levied for the menteinance and use of the said forces for land service, and of the navy and forces for sea service, in such fort, and by such wayes and meanes, as the said lords and comons shall from time to time, dureing the said space of tuenty years, think fitt and appoint, and not otherwise. That all the said forces both for land and sea service, so raised or leavied, or to be raised or leavied, and also the admirality and navy, shall from time to time, dureing the said space of tuenty years, be imployed, managed, ordered, and disposed by the said lords and comons, in such fort, and by such wayes and meanes, as they shall think fitt and appoint, and not otherwise. And the said lords and comons, dureing the said space of tuenty years, shall have power in such fort and by such waies and meanes, as they shall think fit and appoint; 1. To suppresse all forces raised or to be raised without authority and consent of the said lords and comons, to the disturbance of the publict peace of the kingdomes of Ingland and Ireland, and dominion of Wales, the isles of Guernsey and Jersey, and the towne of Berwick upon Tueed, or any of them, 2. To suppresse any forragne forces, who shall invade or endeavour to invade the kingdomes of England and Ireland, dominion of Wales, the isles of Guernsey and Jersey, and the toune of Berwick upon Tueed, or any of them. 3. To conjoyne such forces of the kingdome of England with the forces of the kingdome of Scotland, as the said lords and comons shall from time to time, dureing the said space of tuenty years, judge fitt and necessary to resist all forragne invasions, and to suppresse any forces raised or to be raised against or within either of the said kingdomes, to the disturbance of the publict peace of the said kingdomes or any of them, by any authority under the great seall or other warrant whatsoever, without consent of the said lords and comons of the parliament of England, and the parliament or the estates of the parliament of Scotland respectively. And that no forces of either kingdome shall go into, or continue in the other kingdome, without the advice and desire of the said lords and comons of the parliament of England, and the parliament of the kingdome of Scotland, or such as shall be by them appointed for that purpose: and that after the expiration of the said tuenty years, neither the king, his heyres, or successors, or any other person or persons by cullor or pretence of any commission, power, deputation, or authority to be derived from the king, his heyres, or successors, or any of them, shall raise, arme, traine, discipline, employ, order, manage, disband, or dispose any of the forces by sea or land of the kingdomes of England and Ireland, the dominion of Wales, isles of Guernesey and Jersey, and the towne of Berwick upon Tueed, nor exercise any of the said powers or authorities in the precedent articles mentioned and expressed to be dureing the said space of tuenty yeares in the said lords and commons, nor doe any act or thing concerning the execution of the said powers, or authoritys, or any of them, without the consent of the said lords and comons first had and obtained. That after the expiration of the said twenty years, in all cases wherein the lords and comons shall declare the safty of the kingdome to be concerned, and shall thereupon passe any bill or bills, for the raising, arming, trayning, disciplining, employing, managing, ordering, or disposing of the forces by sea or land of the kingdomes of England and Ireland, the dominion of Wales, isles of Guernesey or Jersey, and the towne of Berwick upon Tueed, or of any part of the said forces, or concerning the admirality and navy, or concerning the leavieng of moneyis, for the raising, manteanance, and use of the said forces for land service, or of the navy and forces for sea service, or of any part of them; and if that the royall assent to such bill or bills shall not be given in the house of peers within such time after the passing thereof by both houses of parliament, as the said houses shall judge fit and convenient, that then such bill or bills so passed by the said lords and comons as afoirsaid, and to which the royall assent shall not be given, as is herein before expressed, shall nevertheles, after declaration of the said lords and comons made in that behalfe, have the force and strenth of an act or acts of parliament, shal be as valid to all intents and purposes, as if the royall assent had bene given thereunto.
Provided that nothing herein before conteined shall extend to the taking away of the ordinary legall power of shireffis, justices of peace, majors, bayliffes, coroners, constables, headboroughs, or other officers of justice, not being military officers, concerning the administration of justice; so as neither the said shiresses, justices of the peace, majors, baylisses, coroners, constables, headboroughs, and other officers, or any of them, doe leavy, conduct, imploy, or comand any forces whatsoever by cullors or pretence of any comission of array, or extraordinary command from his majestie, his heires, or successors, without the consent of the said lords and comons.
And if any person shal be assembled or gathered together in warlike manner, or otherwise, to the number of thirty persons, and shall not furthwith disband themselves, being required thereto by the said lords and comons, or comand from them, or any by them especially authorized for that purpose, then such person or persons not so disbanding themselves shal be guilty and incurre the pains of high treason, being first declared guilty of such offence by the saids lords and comons, any commission under the great seall or other warrant to the contrary notwithstanding; and he or they, that shall offend herein, to be incapable of any pardon from his majestie, his heires, or successors, and their estates shal be disposed, as the saids lords and comons shal think fit, and not otherwise.
Provided that the city of London shall have and enjoy all their rights, liberties, and franchises, customes, and usuage in the raising and employing the forces of that city for the defence thereof, in as full and ample manner, to all intents and purposes, as they have or might have used or enjoyed the same at any time before the sitting of this present parliament; to the end that city may be fully assured, it is not the intention of the parliament to take from them any priviledges or immunities in raising or disposing of their forces, which they have or might have used or enjoyed heretofore.
That an act or acts of parliament be passed, that all grants, commissions, presentations, writts, proces, proceedings, and other things passed under the great seall of England in the custody of the lords and others comissioners appointed by both houses of parliament for the custody thereof, be, and by act or acts of parliament with the royall assent shal be declared and enacted to be of like full force to all intents and purposes, as the same or like grants, commissions, presentations, writts, proces, proceedings, and other things under any great seall of England in any time heretofore were, or have been; and that for time to come the said great seall now remaining in custody of the commissioners, continue and be used for the great seall of England; and that all grants, commissions, presentations, writts, proces, proceedings, and other things whatsoever passed under or by any authority of any other great seall since the 22d day of May 1642, or hereafter to be passed, be invalid and of no effect to all intents and purposes; except such writts, proces, and commissions, as being passed under any other great seall in the custody of the commissioners afoirsaid, on or after the said 22d of May, and before the 28th day of November 1643, were afterward proceeded upon, returned unto, or put in ure in any the king's courts at Westminster; and except the grant to Mr. justice Bacon to be one of the justices of the King's Bench; and except all acts and proceedings by vertue of any such commissions of goale-delivery, assize, or nisi prius, or oyer and terminer passed under any other great seall then the seall afoirsaid in custody of the said commissioners, before the first of October 1642; and that all grants of offices, lands, tenements, or hereditaments made or passed under the great seall of Ireland unto any person or persons, bodies politique or corporat, since the cessation made in Ireland the 15th day of September, 1643, shall be null and voyd; and that all honors and titles, conferred upon any person or persons in the said kingdome of Ireland since the said cessation, shall be null and voyd.
That an act or acts of parliament be passed, that the king doe give his royall assent to such act or acts for raising of moneyis for the payment and satisfieing of the publique debts of the kingdome, and other publique uses, as shall hereafter be agreed on by both houses of parliament; and that if the king doe not give his assent to such act or acts, then it being done by both houses of parliament, the same shal be as valid to all intents and purposes, as if the royal assent had bene given thereunto.
That the king doe give his consent, that the members of both houses of parliament or others, who have adhered to the parliament, and have bene put out by the king of any place office, pension, or benefit, be restored thereunto.
That an act or acts of parliament be passed to declare and make voyd the cessation of Ireland, and all treaties and conclusions of peace, or any articles thereupon with the rebells, without consent of both houses of parliament; and to setle the prosecution of the warre in Ireland in both houses of the parliament of England, to be managed by them, in such fort and by such meanes and wayes, as they shall think fit and appoint; and the king to assist, and doe no act to discountenance or molest them therein.
Whereas both houses of the parliament of England have bene necessitated to undertake a warre in their just and lawfull defence, that all oathes, declarations, and proclamations heretofore had or made, or hereafter to be had or made, against both, or either of the houses of the parliament of England, or committees flowing from the parliament, or their ordinances and proceedings, or against any for adhering unto them, or for doing or executeing any office, place, or charge by any authority derived from them; and all judgements, indictments, outlawryes, attainders, and inquisitions in any the said causes, and all grants thereupon made or had, be declared null, suppressed, and forbidden; and this to be publiquely declared in all paroch-churches, and all other places needfull.
That an act or acts of parliament be passed for indemnity, agreeable to the two ordinances of both houses already passed for that purpose.
That an act or acts of parliament (fn. 3), all peers made since the day, that Edward lord Litleton, the lord keeper of the great seall, deserted the parliament, and that the said great seall was surreptitiously conveyed away from the parliament, being the one and tuenty day of May, 1642, and who shall be hereafter made, shall not fit or vote in the parliament of England, without consent of both houses of parliament; and that all honour and title conferred on any without consent of both houses of parliament since the 20th May, being the day that both houses declared, that the king seduced by evill counsell intended to raise warre against the parliament, be declared null and voyd.
That his majestie be desired to give his assent to an act or acts of parliament for the taking away of the courts of wards and liveries, and of all wardshippes, liveries, primer siesins, and ouster le maines, and of all tenures by homage, fines, licences, seizures, and pardons for alienation, and of all other charges incident or belonging thereunto, or for or by reason thereof, from the 24th day of Februar, which was in the year of our Lord God 1645. And that all tenures by knights service, grand serjeantie, petty serjeanty, or soccage in capite, either of his majestie, or of any other person or persons, may be from the time afoirsaid turned into free and common soccage; and that the sume of fifty thousand punds per annum be granted to the king by way of recompence.
Than an act or acts of parliament shall be passed declaring the king's approbation of the making of the treaties between the kingdomes of England and Scotland; viz. the large treaty, the late treaty for the cuming in of the Scots army into England, and setling the garrison of the towne of Berwick, and the treaty concerning Ireland of the 6th August, 1642. And that Algernon, earle of Northumberland, Henry earle of Kent, John earle of Rutland, Philip earle of Pembrooke and Montgomery, William earle of Salisbury, Robert earle of Warwick, Edward earle of Manchester, Edmund earle of Mulgrave, Henry earle of Stamford, William lord viscount Say and Seale, Charles lord Lawarre, Francis lord Dacres, Philip lord Wharton, Dudley lord North, William lord Gray, Eduard lord Haward of Escreeke, Thomas lord Bruce, Fardinando lord Fairfax, Mr. Nathaniel Fines, sir William Armyn, sir Henry Vane senior, Mr. William Pierpoint, sir Edward Aiscough, sir William Strickland, sir Arthur Hasselrig, sir John Fenwick, sir William Brereton, sir Thomas Widdrington, Mr. Toll, Mr. Gilbert Millington, sir William Constable, sir John Wray, sir Henry Vane junior, Mr. Henry Darby, Oliver St. John esquire, his majesties sollicitor generall, Mr. Alexander Rigby, Mr. Cornelius Holland, Mr. Sammell Vassall, Mr. Peregrine Pelham, Mr. Henry Martin, Mr. Alderman Hoyle, Mr. John Blackiston, Mr. serjant Wilde, Mr. Richard Barwis, sir Anthony Irby, Mr. Ashurst, Mr. Bellingham, and Mr. Tolson, Mr. George Fenwick, Mr. Henry Laurence, and Mr. Francis Allen, or any nine of them, whereof three of the house of peers, and sixe of the house of comons to be present, shall be the commissioners for the kingdom of England for conservation of the peace between the two kingdomes, to act according to the powers in that behalfe expressed in the articles of the large treaty, and not otherwise.
That the arreares of pay due to the army and others the souldiers of this kingdome, who have faithfully served the parliament in this warre, shal bee secured and payd unto them out of the remaining part of the lands and revenues of archbishops and bishops belonging to their archbishopricks or bishopricks, after such engagements satisfied, as are already charged thereupon by ordinance of both houses of parliament, and out of two thirds in three to be divided of all the forfeitures of lands, and all the fines of the persons mentioned and comprehended in the three first qualifications of the proposition concerning delinquents, and also out of all forrest lands within the kingdome of England and dominion of Wales, provision being made upon the disassorrestation thereof for the reliefe of the inhabitants within the same, and all other the subjects of this realme, who have right of common, or any other right in the said forrest; and that the king doe give his consent to such act or acts, as shall be presented to him by both houses of parliament, for the sale or disposeing of the said lands and fines for the purpose afoirsaid.
That an act or acts of parliament be passed for the utter abolishing and taking away of all archbishops, bishops, their chancellares and commissaries, deanes and subdeans, deanes and chapters, archdeacons, chanons, and prebendaries, and all chantors, chancellors, treasurers, subtreasurers, succentors, and sacrifts, and all vicars chorall and choristers, old vicars, and and new vicars of any cathedrall or collegiate church, and all other their under-officers, out of the church of England and dominion of Wales, and out of the church of Ireland.
That the severall ordinances, the one entituled, An ordinance of parliament for abolishing of archbishops and bishops within the kingdome of England and dominion of Wales, and for settling of their lands and possessions upon trustees for the use of the commonwealth; the other entituled, An ordinance of the lords and comons assembled in parliament, for appointing the sale of bishops lands for the use of the commonwealth, be confirmed by act of parliament.
That the king doe give his consent to such act or acts of parliament, as shall be tendred to him by both houses of parliament, for the sale of the lands of deanes, and subdeanes, and chapters, archdeacons, cannons, and prebendaries, and all chantors, chancellors, treasurers, subtresurars, succentors, and sacrifts, and all vicars choralls, and chorists, old vicars, and new vicars, of any cathedriall or collegiate church, and for the disposeall thereof, as the houses shall think fitt.
That the persons expressed and conteined in the three first qualifications following be proceeded with, and their estates disposed of, as both houses of parliament shall think fitt and appoint; and that their persons shall not be capable of pardon by his majestie without consent of both houses of parliament; the houses hereby declaring, that they will not proceed as to the takeing away of life of any in the first qualification to above the number of seven persons.
Rupert and Maurice count palatines of Rhine.
James earle of Derby, John earle of Bristoll, William earle of Newcastle, Francis lord Cottington, George lord Digby, Matthew Wren, bishop of Ely, Sir Robert Heath khyt, Dr. Bramhall, bishop of Derry, Sir William Widrington, colonell George Goring, Henry Jermin esquire, Sir Ralph Hopton, Sir John Biron, Sir Francis Doddington, Sir John Strangewayes, Mr. Endimion Porter, Sir George Radcliffe, Sir Marmadock Langdale, Henry Vaughan esquire, now called Sir Henry Vaughan, Sir Francis Windbank, Sir Richard Greenvile, Mr. Edward Hide, now called Sir Eduard Hide, Sir John Marly, Sir Nicholas Cole, Sir Thomas Riddell junior, Sir John Colpepper, Mr. Richard Floyd, now called Sir Richard Floyd, Mr. David Jenkins, Sir George Strode, George Carteret esq; now called Sir George Carterett, Sir Charles Dallison knyt, Richard Lane esquire, now called Sir Richard Lane, Sir Edward Nicolas, John Ashburnham esquire, sir Edward Herbert knyt, his majesties atturney generall.
All papists and popish recusants, who have bene, now are, or shall bee actually in armes, or voluntary assisting against the parliament and kingdome; and by name the marquesse of Wintoun, Edward earle of Worcester, laird Braidwell, Carell Molleneux esquire, sir Francis Howard, sir John Wintar, sir Charles Smith, sir John Preston, sir Bazill Brooke, lord Audley, earle of Castlehaven in the kingdom of Ireland, William Sheldon of Beely esquire, sir Henry Beddingfield.
All persons, who have had any hand in the plotting, designing, or assisting the rebellion of Ireland; except such persons, who haveing only assisted the rebellion, have rendered themselves or come in to the parliament of England.
That Humphrey Bennet esquire, sir Edward Ford, sir John Penruddock, sir George Vaughan, sir John Weld, sir Robert Lee, sir John Pate, John Ackland, Edmond Wind hame esquire, sir John Fitzherbert, sir Edward Laurence, sir Ralph Dutton, Henry Lingen esquire, sir Henry Fletcher, sir Richard Minshall, Laurence Halstead, John Denham esquire, sir Edmond Fortescue, Peter Santhill esquire, sir Thomas Tildesly, sir Henry Griffeth, Michael Wharton esquire, sir Henry Spiller, Mr. George Bremon, now called sir George Bremon, sir Edward Waldgrave, sir Edward Bishope, sir William Russell of Worcestershire, Thomas Lee of Adlington esquire, sir John Girlington, sir Paul Neale, sir William Thorold, sir Eduard Hussey, sir Thomas Liddell senior, sir Philip Musgrave, sir John Digby of Nottinghamshire, sir Robert Owsely, sir John Many, lord Cholmely, sir John Aston, sir Lewes Dives, sir Peter Osburne, Samwell Thornton esquire, sir John Lucas, John Blaney esquire, sir Thomas Chedle, sir Nicholas Chemish, Hugh Floyd esquire, sir Nicolas Crispe, sir Peter Ricaut, be removed from his Majestie's councells, and be restrained from coming within the verge of the court; and that they may not, without the advice and consent of both houses of the parliament of England, bear any office, or have any employment concerning the state or commonwealth; and in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from his majestie, and their estates to be disposed as both houses of the parliament of England shall think fitt; and that one full third part upon full value of the estates of the persons afoirsaid be employed for the payment of the publicque debts and damnages according to the declaration.
That the late members, or any who pretended themselves to be members of either house of parliament, who have not only deserted the parliament, but have also satt in the unlawfull assembly at Oxford, called or pretended by some to be a parliament, and voted both kingdomes traytors, and have not voluntarily rendered themselves before the last of October 1644, be removed from his majestie's councells, and be restrained from comeing within the verge of the court; and that they may not, without advice and consent of both houses of parliament, beare any office, or have any imployment concerning the state or commonwealth; and in case any of them shall offend therein, to be guiltie of high treason, and incapable of any pardon by his majestie, and their estates to be disposed as both houses of parliament in England shall think fit.
That the late members, or any who pretended themselves members of either house of parliament, who have satt in the unlawfull assembly at Oxford, called or pretended by some to be a parliament, and have not voluntary rendered themselves before the last of October 1644, be removed from his majestie's councells, and restrained from comeing within the verge of the court; and that they may not, without the advice and consent of both houses of parliament, beare any office, or have any employment concerning the state or commonwealth; and in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from his majestie, and their estates to be disposed as both houses of the parliament of England shall think fit.
That the late members, or any who pretended themselves members of either house of parliament, who have deserted the parliament, and adhered to the enemies thereof, and have not rendered themselves before the last of October 1644, be removed from his majestie's councells, and be restrained from comeing within the verge of the court; and that they may not, without the advice and consent of both houses of parliament, beare any office, or have any employment concerning the estate or commonwealth; and in case any of them shall offend therein, to be guilty of high treason, and incapable of any pardon from his majestie, and their estates to be disposed as both houses of parliament shall think fit.
That all judges and officers towards the law comon or civill, who have deserted the parliament, and adhered to the enemies thereof, be incapable of any place of judicature or office towards the law common or civill; and that all serjants, councellors, and atturneys, doctors, advocats, and procurators of the law common or civill, who have deserted the parliament, and adhered to the enemies thereof, be incapable of any practise in the law common or civill, either in publict or privat, and shall not be capable of any preserment or employment in the commonwealth, without the advice and consent of both houses of parliament; and that no bishop or clergieman, no master or fellow of any colledge or hall in either of the universities, or elsequhere, or any master of school or hospitall, or any ecclesiasticall person, who have deserted the parliament, and adhered to the enemies thereof, shall hold or enjoy, or be capable of any preferment or employment in church or commonwealth, but all their said severall preferments, places, and promotions shall be utterly voyd, as if they were naturally dead, nor shall they otherwise use their function of the ministry, without advice and consent of both houses of parliament; provided that no lapse shall incurre by such vacancy, untill sixe moneths past ester notice thereof.
That all persons, who have bene actually in armes against the parliament, or have councelled or voluntarly assisted the enemies thereof, are dissabled to be shireffis, justices of the peace, majors, or other head officers of any city or corporation, commissioners of oyer and terminer, or to sitt or serve as members or assistants in either of the houses of parliament, or to have any military employment in the kingdome, without the consent of both houses of parliament.
The persons of all others to be free of all personall censure, notwithstanding any act or thing done in or concerning the warre, they takeing the covenant.
That tuo full parts in three to be divided of all the estates of the members of either house of parliament, who have not only deserted the parliament, but have also voted both kingdomes traytors, and have not rendered themselves before the first of December 1645, shal be taken and employed for the payment of the publict debts and damnage of the kingdome.
That two full parts in three to be divyded of the estates of such late members of either house of parliament, as satt in the unlawfull assembly at Oxford, and shal not have rendered themselves before the first of September 1645, shal be taken and employed for the payment of the publict debts and damnages of the kingdome.
That one full moyetie of the estates of such persons late members of either of the houses of parliament, who have deserted the parliament, and adhered to the enemies thereof, and shall not have rendered themselves before the first of December 1645, shall be taken and employed for the payment of the publict debts and damnages of the kingdome.
That a full third part of the value of the estates of all judges and officers towards the law common or civill, and of all serjants, councellors, and atturneys, doctors, advocats, and procurators of the law common or civill, and of all bishops, clergiemen, masters and fellows of any colledge or hall in either of the universities, or elsewhere, and of all matters of schools or hospitalls, and of all ecclesiasticall persons, who have deserted the parliament, and adhered to the enemies thereof, and have not rendered themselves to the parliament before the first of December 1645, shall be taken and employed for the payment of the publict debts and damnages of the kingdome.
That a full sixt part on the full value of the estates of the persons excepted in the sixth qualification concerning such as have bene actually in armes against the parliament, or have councelled or voluntarly assisted the enemies thereof, and are dissabled according to the said qualification, to be taken and employed for the payment of the publict debts and damnages of the kingdome.
That the persons and estates of all common souldiers, and others of the kingdome of England, who in lands or goods be not worth 200 lib. sterling, be at liberty and discharged.
That the first of May last is now the day limited for the persons to come in, that are comprised within the former qualifications.
Provided that all and every the delinquents, which by or according to the severall and respective ordinance or ordinances made by both or either of the houses of parliament on or before the 24th day of April, 1647, are to be admitted to make their fines and compositions under the rates and proportions of the qualifications afoirsaid, shall, according to the said ordinances and orders respectively, be thereto admitted; and further also, that no person or persons whatsoever (except such papists as haveing bene in armes or voluntarly assisted against the parliament, haveing by concealing their quality procured their admission to composition) which have already compounded, or shall hereafter compound, and be thereto admitted by both houses of parliament, at any of the rates and proportions afoirsaid, or under, respectively, shall be putt to pay any other fine then that they have or shall respectively so compound for; except for such estates, or such part of their estates, and for such values thereof respectively, as have bene or shall bee concealed or omitted in the particulars where upon they compound; and that all and every of them shall have thereupon their pardon in such manner and form, as is agreed by both houses of parliament.
That an act or acts be passed, whereby the debts of the kingdome, and the persons of delinquents, and the value of their estates may be known, and which act or acts shall appoint in what manner the confiscations and proportions before mentioned may be leavied and applyed to the discharge of the said engagement.
That the king be desired to give his assent to such act or acts of parliament, as shal be presented unto him for setling the presbyteriall government and directory in England and Ireland, according to such ordinances, as have already since the sitting of this parliament past both houses, and are herewithall sent; which act or acts are to stand in force to the end of the nixt session of parliament after the end of this present session.
That no persons whatsoever shall be lyable to any question or penalty for non-conformity to the form of government and divyne service appointed in the said ordinance; and that all such persons, as shall not conform to the said forme of government and divyne service, shall have liberty to meet for the service and worshippe of God, and for the exercise of religious duties and ordinances, in any fit and convenient places, so as nothing be done by them to the disturbance of the peace of the kingdome.
That all tythes or other manteinance appertaining to any church or chappell, which doe now belong to the ministers of such churches or chappells, shal be applyed to the use and benefite of such ministers, as doe conforme to the government setled in the said ordinances, and to none other; unles it be by the consent of the present incumbent.
That nothing in this provision shall extend to any tolleration of the popish religion, nor to exempt any popish recusant from any penaltys imposed upon them for the exercise of the same.
That this indulgence shall not extend to tollerat the printing, publishing, or preaching of any thing contrary to the principles of Christian religion, as they are contained in the 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15 articles of the church of England, according to the true sence and meaning of them, and as they have bene cleared and vindicated by the assembly of divynes now sitting at Westminster; nor of any thing contrary to those points of faith, for the ignorance whereof men are to be keept from the sacrament of the Lord's Supper; as they are contained in the rules and directions for that purpose passed both houses the 20 October 1645. That it be also provided, that this indulgence shall not extend to exempt any person or persons from any penalty by law imposed or to be imposed upon them, for absenting themselves upon the Lord's day from hearing the word of God, unles they can shew reasonable cause of their absence, or that they were present elsewhere to hear the word of God preached or exponded unto them, so the said preaching or exponding be not by any minister sequestrat, and not restored.
That this indulgence shall not extend to tollerat the use of the Book of Common Prayer in any place whatsoever.
That liberty shall be given to all ministers of the gospell, though they cannot conforme to the present government in all things, being not under sequestration, nor sequestrable, to preach any lecture or lectures in any church or chappell, where they shall be desired by the inhabitants thereof, provided that it be not at such houres as the minister of the said parish doeth ordinarly preach himself; and shall receive such meanes and manteinance as doeth or shall thereunto appertaine.
That an act or acts of parliament be passed, that the deputy or cheife governors or other governors of Ireland, and the presidents of the severall provinces of that kingdome, be nominated and made in such way, as by both houses of the parliament of England shall bee appointed, or, in the intervalls of parliament, by such committees, as shall be appointed by both houses of parliament, to continue dureing the pleasure of both houses; and that the chancellor, or lord keeper, lord thesaurer, commissioners of the great seall or treasury, lord high admirall of England, commissioners of the admirality, lord warden of the Cinque ports, chancellor of the exchequer and dutchy, secretaries of state, masters of the rolls, judges of both benches, and barons of the exchequer of the kingdomes of England and Ireland, the constable and lieutenant of the towre of London, and the vice-thesaurer and treasurer at warres of the kingdome of Ireland, be nominated and made in such way, as by both houses of parliament of England shall be appointed, to continue quamdiu se bene gesserint; and in the intervalls of parliament, by the said committee appointed by both houses of parliament as afoirsaid, to be approved or disallowed by both houses at their next meeting.
That for the more effectuall disabling of papists, jesuits, and popish recusants from disturbing the state, and eluding the lawes, and for the better discovering and speedy conviction of popish recusants, an oath be established by act of parliament to be administred to them, wherein they shall abjure and renunce the pope's supremacy, the doctrine of transubstantiation, purgatory, worshiping of the consecrated hoast, crucifixes, and images, and all other popish superstitions and errors; and refusing the said oath being tendered in such manner, as shall bee appointed by the said act, to be a sufficient conviction of popish recusancie.
An act or acts of parliament for education of the children of papists by protestants, in the protestant religion.
An act or acts for the true leavy of the penaltys against them, which penalties to be leavied and disponed in such manner as both houses shall agree on.
That an act or acts be passed in parliament, whereby the practises of papists against the state may be prevented, and the lawes against them duly executed, and a stricter course taken for preventing the saying or hearing of masse in the court or any other part of this kingdome or the kingdome of Ireland.
The like for the kingdome of Ireland, concerning the four last proceeding propositions.
That the king doe give his royall assent to an act or acts for the due observation of the Lord's day:
And to the bill for the suppression of innovations in churches and chappells, in and about the worship of God:
And for the better advancement of the preaching of God's holy word in all parts of this kingdome:
And to the bill against the enjoying of the plurality of benefices by spirituall persons, and non-residency.
Jo. Browne, cleric. parliament.
Letter from the earles of Loudoun, &c.—directed thus:
For the right honorable the committee of estates of the kingdom of Scotland att Edinburgh. Orig.
From the public records of Scotland in the laigh parliament house at Edinburgh.
May it please your lordships,
Haveing the opportunity to wryte your lordships by the have thought fitt to give yow notice, that in pursuance of wee have resolved to give in a paper at the next sitting to presse, that by joynt advice some resolution may be his majestie, in order to the setleing the peace of the kingdomes. And as wee are very apprehensive of the many dangerous consequences, that may ensue thereupon, if the kingdomes should not agree herein, before the removeall of our army out of this kingdome; so in regard of the many difficulties and great opposition wee did foresee that we would meete with, upon consultation with our friends for removeing of jealousies, and preventing occasions of difference in so important affaires betweene the kingdomes, wee did finde a necessity to let the debate concerning army proceid; wherein, since it hath pleased God so far to bliss our endeavours, as to reduce the satisfaction to be given for the assistance of your army to some certainety, and likewise to put the same to be presently advanced into some forwardnes; wee shall now apply our utmost endeavours, that wee may speedily come to an agreement concerning the rest of the particulars mentioned in our paper of the 11th of August. For which purpose, that wee might be the better enabled faithfully to discharge the trust comittet unto us, wee have in our two last letters represented to your lordships the difficulties, that have occurred to ws, which wee doe most earnestly intreat your lordships to take into serious consideration, and to send ws such directions, as may further ws in the manageing of these affaires to the best advantage, and as may best betweene the kingdomes, which some averse to peace doe greedily seek after, and lay hold upon every occasion, that may hinder an amiable parting and freindly agreement betweene the nations. And that your lordships may cleerely understand our meaning and intention in the quærees propounded by ws, wee doe assure your lordships, that there is nothing contained in the instructions sent ws by your lordships, the accomplishment whereof we doe not hartily wish, and shall really endeavour so far as lies in our power. Only because the prosecution thereof, as a condition, without which your army cannot remove out of this kingdome, may produce effects not intended by your lordships, wee desire to be cleerly and perfectly instructed in such things, as here upon the place wee foresee may fall into our consideration, wherein wee are not willing to rest upon our owne judgements; and therefore wee are necessitated to have recourse to your lordships for advice and direction; which expecting with all possible speid, wee rest
Worcester-house the 12th of September 1646.
Your lordships most humble servants,
Both houses have agreed to the security desired by the city for advanceing the 20000 lib. and a committee is appointed to goe to the city, and know how soone they will advance it.
Postscript, 13th September.
Since the writeing of this, upon conference with our freinds wee find, that till wee assure them, that (upon satisfaction of the soume agreed upon for the army) the garrisons shall be rendered, and the army remove without any other condition; any paper or desire of ours wil be unseasonable, and encrease jealousies, and furnish a ground of quarrell to such as desire it. And the sooner satisfaction be given in this, wee may the more cleerely propone any thing in relation to the king for the peace and good of the kingdomes.
Warrant for Mr. Eltonhead to be sworn a master in chancery.
Vol. i. p. 623.
Forasmuch as that there is want of masters of the chancery, divers being dead, and others having deserted the parliament; and that Edward Eltonhead of the Middle Temple London, barrister at law, hath been a master of the chancery extraordinary for the space of seven years, and done the duties thereof, and is qualified, and hath abilities every way fit for the place, and is also well affected to the parliament; I conceive him to be a fit man to be sworn to attend in ordinary, if Mr. speaker of the house of commons be of the same opinion, which if he please to approve thereof, the clerk of the crown or other officer is hereby required to attend me, and the speaker of the house of commons, for the swearing of the said Mr. Eltonhead, at such time as the speaker of the house of commons shall appoint, without expecting other warrant.
Signed by Dated at the parliament houses the 15th day of December 1646. Earl of Manchester, Will. Lenthall, Speakers of both houses, and commissioners of the great seal, &c.
I do appoint to morrow next the 2d June for the dispatch of this business.
A true copy.
Signed by Willm. Lenthall, C. S.