Historical Collections: Papers touching Ireland, February 1645

The Papers touching Ireland.

After the first six Days of the Treaty, spent upon Religion, and the Militia, according to the same Order formerly proposed, the Propositions concerning Ireland were next Treated upon, the three Days following, beginning the 7th of February; and the same was also taken up again the 18th of February, for other three Days.

Their Propositions touching Ireland, 7 February,

CXXXVI.

'We desire that an Act of Parliament be passed, to make void the Cessation of Ireland, and all Treaties with the Rebels, without Consent of both Houses of Parliament, and to settle the Prosecution of the War of Ireland, in both Houses of the Parliament of England, to be managed by the joint Advice of both Kingdoms, and his Majesty to assist, and to do no Act to discountenance or molest them therein.

The King's Commissioners Paper, 7 Feb.

CXXXVII.

We desire to know, whether the Paper we have received from your Lordships, contain in it all the Demands your Lordships are required by your Instructions to insist upon concerning Ireland, which if it doth, we are ready to enter upon that Debate, but if it do not, we then desire to receive all the Propositions your Lordships intend to make concerning Ireland together, being confident, that upon a whole view of the Business, we shall give you full Satisfaction in that Argument.

Their Paper, 7 Feb.

CXXXVIII.

'We are to insist upon other things concerning Ireland, which being part of other Propositions, we conceive not so proper to give your Lordships, till we have received your Answer to our Paper formerly delivered, and are ready, by present Conference, to satisfie any Doubts that remain with your Lordships concerning that Paper.

Notwithstanding, they delivered in these further Papers and Propositions following.

Their Paper, 7 Feb.

CXXXIX.

'We desire that an Act be passed in the Parliament of both Kingdoms respectively, to confirm the Treaty concerning Ireland, of the 6th of August, 1642. (which Treaty we herewith deliver) and that all Persons who have had any hand in plotting, designing, or assisting the Rebellion of Ireland, may expect no Pardon, and their Estates to pay publick Debts and Damages. And that the Commissioners to be nominated as is appointed in the 17th Proposition, may order the War of Ireland, according to the Ordinance of the 11th of April, 1644. (which we herewith deliver) and to order the Militia, and to conserve the Peace of the Kingdom of Ireland.

'And that by Act of Parliament, the Deputy, or chief Governour, or other Governours of Ireland, be nominated by both Houses of the Parliament of England, or in the intervals of Parliament by the said Commissioners, to continue during the Pleasure of the said Houses; or in the intervals of Parliament during the Pleasure of the said Commissioners to be approved or disallowed by both Houses at their next Sitting; and that the Judges of both Benches, and of the Exchequer in Ireland, be nominated by both Houses of Parliament, to continue Quam diu se bene gesserint; and in the intervals of Parliament, by the aforesaid Commissioners to be approved or disallowed by both Houses at their next Sitting.

Together with these last Propositions, they delivered the Treaty of the 6th of August, 1644. and the Ordinance of the 11th of April therein mentioned, together with another of the 9th of March; which see in the Appendix, No. 7 & 8.

The King's Commissioners Paper, 9 Feb.

CXL.

We desire to know what your Lordships intend, or expect, by those Words in your (fn. 1) first Paper concerning Ireland [and his Majesty to assist] since you propose to have the Prosecution of the War of Ireland, to be settled in both Houses of the Parliament of England, to be managed by the joint Advice of both Kingdoms.

Their Answer, 9 Feb.

CXLL.

'By the Words in our Paper concerning Ireland [and his Majesty to assist] we conceive it to be understood, the giving of his Royal Assent to such Acts of Parliament, as shall be presented unto him by both Houses, for raising of Monies from the Subjects, and for other things necessary to the Prosecution of the War in Ireland, and to be further aiding by his Power and Countenance, in whatsoever shall be requisite for the better carrying on of that War.

The King's Commissioners Paper, 10 Feb.

CXLII.

We conceive that his Majesty had, and hath Power, to make a Cessation in Ireland, and having, upon just Grounds, and for the Good and Safety of his Protestant Subjects there, and for the Preservation of that whole Kingdom, consented to such a Cessation, we desire to be informed by your Lordships, how that Cessation can be declared void, without a breach of Faith and Honour in his Majesty? And we are ready by Conference particulary to inform your Lordships of the Motives which induced his Majesty to consent to that Cessation.

Their Answer, 10 Feb.

CXLIII.

We conceive that his Majesty had not Power to make the Cessation in Ireland, nor had any just Grounds to do the same, and therefore we insist, as in our former Paper, that an Act of Parliament be passed to make void the Cessation of Ireland, and conceive that his Majesty is bound in Honour and in Justice to consent unto the same, and we are ready to confer with your Lordships as is desired, and to receive your Lordships full Answer to this, and the other Particulars, expressed in our Paper concerning Ireland.

After long Debates in Conference, which spent the greatest part of the Day, touching the Motives of that Cessation, and the King's Power to make it, his Majesty's Commissioners delivered in this Paper.

14 Feb.

CXLIV.

We have received no Satisfaction, or Information, in your Lordships Debate, to alter our Opinions of his Majesty's Power, to make the Cessation in Ireland; and having carefully perused and considered the Statutue alledged by your Lordships, we cannot find any particular Clause in that Statutue, neither have your Lordships mentioned any, (though often desired by us so to do) whereby his Majesty's Power to make a Cessation there is taken away; and therefore we are still of opinion, that his Majesty had full Power to make and consent to that Cessation; and we conceive that we have given your Lordships an Account of every just Grounds to induce his Majesty to do the same, it appearing to his Majesty by the Letters and Advices from the Lords Justices, and Council of that Kingdom, and of the Officers of his Majesty's Army there (which we have read to your Lordships, and of which Letters and Advices we now give (fn. 2) Copies to your Lordships) that his Majesty's good Protestant Subjects of that Kingdom were in imminent Danger to be over-run by the Rebels, and his Army to be disbanded for want of necessary Supplies, and that there was no such probable Way for their Preservation, as by making a Cessation: Neither have your Lordships given us any satisfying reasons against the making the said Cessation, or made it appear to us that that Kingdom could have been preserved without a Cessation, and therefore we cannot apprehend how his Majesty can, with Justice and Honour, declare the same to be void.

We shall be ready against the next time assigned for the Treaty touching Ireland, to give your Lordships a further Answer to your Propositions concerning that Argument, the Treaty concerning Ireland of the 6th of August, 1642 and the Ordinance of the 11th of April, 1644. (which we did never see till your Lordships delivered us Copies of them) making so greatan Alteration in the Government there, that we cannot be prepared for the present to make a full Answer to those Propositions.

Their Answer, 10 Feb.

CXLV.

It is very contrary to our Expectation to find your Lordships unsatisfied, after those Arguments. and Reasons alledged by us, that his Majesty had not Power to make the Cessation with the Rebels in Ireland, and that upon the perusal of the Statutes, it appears not to you, that his Majesty had no Power to make that Cessation; it is strange to us your Lordships should forget all the other Arguments used by us from the Common-Law, from other Proceedings in Parliament, and Circumstances as this Case stands, on which we still insist, and do affirm, that his Majesty had no Power to make or consent to that Cessation; we do not see any just Grounds in the Copies of the Letters given to us by your Lordships, for his Majesty's assenting to the Cessation, nor do we know by whom those Letters were written; we are therefore still clearly of opinion, notwithstanding all your Lordships have alledged, that it was unfit for his Majesty to agree unto that Cessation, being destructive to his good Subjects, and to the Protestant Religion there, and only for the Advantage of the Popish Rebels, to the high Dishonour of God, the Disservice of his Majesty, and evident Prejudice of his three Kingdoms. We therefore again desire your Lordships full Answer to what we have delivered to you concerning Ireland.

The King's Commissioners Paper, 10 Feb.

CXLVI.; See the late Statute concerning the Adventures for Irish Lands.

We have given your Lordships our Reasons, why we are not satisfied with your Arguments, that his Majesty had not Power to make the Cessation; and as upon the perusal of the Statute, we can find no Ground for that Opinion, so your Lordships, in your whole Debate, have not insisted or mentioned one Clause in that Statute (though often desired) which makes it good; neither have your Lordships given us any Argument from the Common-Law, other than by telling us, That it is against the Common-Law, because the private Interest of the Subscribers for Money was concerned in it; to which we give this Answer, That their interest was conditional, upon payment of their Monies for the Maintenance of the War, which was not performed: And that if they had paid their Monies, yet this Cessation was rather for the Advance of that Interest, there being (as it appears by the (fn. 3) Papers) no other visible Means of preservation of the Army in Ireland, and that the Statute which gave that private Interest, doth not take away the King's Power of making a Cessation; and we conceive that Argument of Interest was waved: But if your Lordships shall insist upon it, we again desire, as we did formerly, that a Case may be made of it, and that the Debate may be again resumed. Neither do we know that any Argument was used by your Lordships from the Proceedings in Parliament; and if you shall give any, we shall be ready to answer it. And we conceive, that the Advice given to his Majesty from the Lords Justices and Council of Ireland, and the Testimony of the Army, expressing the miserable Condition of that Kingdom, and Inability to bear the War, should appear to your Lordships to be just grounds, for his Majesty's assenting to the Cessation, One of the Letters delivered by us to your Lordships, bearing date the 4th of April, 1643, was sent by the Lords Justices and Council of Ireland, to Mr. Secretary Nicholas, in which was inclosed their Letter to the Speaker of the House of Commons, of which your Lordships have like wise an Extract, and a Remonstrance of the Officers of the Army to the Lords Justices and Council there; and the other Letter of the 5th of May, 1643. to his Majesty, was from the Lords Justices and Council of that Kingdom: All which, (if your Lordships please) shall be examined by you with the Originals; and we are therefore of Opinion, that our Answer formerly delivered, is a good Answer to the point of Cessation inquestion, and that it was not unfit for his Majesty to agree to that Cessation, nor destructive to the Protestant Religion, nor for the Advantage of the Popish Rebels, but much for the Advantage of the Protestant Subjects there, who were in apparent Hazard of Destruction by Force and Famine, occasioned by the want of Supples, which had been promised to them, as we have formerly said: And we shall give your Lordships a further Answer to your other Propositions concerning Ireland, when the Time comes again for that Debate.

Here ended the first three Days of the Treaty concerning Ireland, and the Night before the return of the next three Days, their Commissioners delivered this Paper.

17 February.

CXLVII.

We conceived that the Arguments used by us, that his Majesty neither had, or hath Power to make the Cessation with the Rebels of Ireland, might have fully satisfied your Lordships, and if any Doubts yet remain, we are ready, by Conference, to clear them. Your Lordships may well call to mind the several Clauses we insisted upon in the Statute, and the Arguments we have given from the Common-Law, and other Proceedings in Parliament: And we do affirm, that several great Sums of Money were paid by particular Persons, and by Corporations, who according to the true Intent of the Statute, ought to have the Benefit of the same, according to divers other Acts of Parliament in pursuance thereof; and upon failure of Payment by any particular Persons, the Forfeiture was to accrue to the common Benefit of the rest, not failing; and we do deny that the Argument of Interest was at all waved by us. And we conceive those Wants alledged by your Lordships (if any such were) in justifying the Cessation, were supplied from time to time by the Houses of Parliament, until his Majesty's Forces were so quartered in and about the common Roads to Ireland, that Provisions going thither were intercepred, and neither their Money, Clothes, Victuals, or other things, could pass by Land, with safety to be transported. And when that both Houses of Parliament were desirous further to supply those Wants, and for that purpose did tender a Bill to his Majesty, it was refused. And we still alledge, that we have no Reason to be satisfied concerning the Cessation by any Arguments used by your Lordships, or by any thing contained in the Extracts of the Letters and Papers delivered by us to your Lordships, as from the Lords Justices and Council of Ireland, and the Officers of the Army, nor (though desired by us) have your Lordships afforded us Liberty to compare those Extracts with the Originals, whereby we might have the Names of the Persons by whom they were written, which we now again desire. We are therefore still cleary of Opinion, as is expressed in our former Paper of the 10th of February, concerning the Cessation, and do desire your Lordships full Answer to our Demands concerning Ireland.

The King's Commissioners Answer, 18 Feb.

CXLVIII.

We did not conceive that your Lordships had believed that any Arguments used by you could satisfy us against his Majesty's Power to make a Cessation with the Rebels in Ireland, which appears to have been made by him, by the Advice of his Council there, and for the Preservation of his Majesty's Protestant Subjects of the Kingdom, who in all probability would have perished by Famine and the Sword, if that Cessation had not been made; and we shall be very ready to receive further Information from your Lordships by Conference, or otherwise, in that particular, either concerning any Clauses in the Statute, or Arguments at Common-Law, or Proceedings of Parliament (your Lordships having never mentioned the one, or made any Cass upon the other) upon which you intend to insist. And for the several great Sums of Money that were paid by particular Persons and Corporations, upon that Statute mentioned by your Lordships, we are sorry that we are compelled by your Lordships insisting thereon, to inform your Lordships, that his Majesty had clear Information, that not only much of the Money raised by the Act for the Four hundred thousand Pound, which was passed, for the better suppressing that most execrable Rebellion in Ireland, and for the Payment of the Debts of this Kingdom. but also of the Money raised by the Statute (on which your Lordships insist) for the speedy and effectual reducing of the Rebels of Ireland, &c. and other Monies raised by Contribution and Loan, for the Relief of his Majesty's distressed Subjects of that Kingdom, were expended, contrary to the Intent of the Acts by which the same were levied, and of the Persons who lent and contributed the same, towards the Maintenance of the Forces in this Kingdom, under the Command of the Earl of Essex; and that many Regiments of Horse and Foot, levied for the War of Ireland, under the Command of the Lord Wharton, the Lord Kerry, Sir Faithful Fortescue, and others, were likewise employed in that Army under the Earl of Essex at Edgehill, and therefore his Majesty refused to consent to the Bill, presented to his Majesty after this, for the levying more Money for Ireland, justly fearing that the same might be used as the former had been: And for the few Clothes (for there were no Monies) intercepted by his Majesty's Soldiers, in his Majesty's Quarters, which are said to be intended for Ireland, the same were intercepted near Coventry, and going thither after that City had refused to receive his Majesty, though at the Gates. But his Majesty never refused to give any safe Pass through his Quarters, for any Goods or Provisions which were intended or prepared for Ireland, neither was the same ever desired; for the Extracts and Copies of the Letters delivered by us to your Lordships, from the Lords Justices and Council of Ireland, and the Officers of the Army, we have been, and are willing that your Lordships should compare them with the Originals: But for your having the Names of the Persons who writ the same, (since there can be no doubt of the Truth of our Assertions) we conceive it not reasonable to desire the same, not knowing what In convenience any of them (since you seem not to like that Advice) might incur, if at any time they should be found within your Quarters. And having now satisfied your Lordships in the matter of the Cessation, we shall gladly proceed in the Treaty with your Lordships, upon any thing that may be apparently good for his Majesty's Protestant Subjects there, and the re-setting of that Kingdom in his Majesty's Obedience.

Their Reply, 18 Feb.

CXLIX.

We do conceive that the Arguments used by us, might have fully satisfied your Lordships against his Majesty's Power to make a Cessation with the Rebels in Ireland. having answered whatsoever your Lordships have hitherto alledged to the contrary, and offered, if any other Doubts yet remain, by Conference to clear them, which still we are ready to do; and we have heard nothing just or reasonable for that Cessation. It will be made evident, that the Necessities, which by your Lordships were made Excuses for the Cessation, were created on purpose to colour the same, and we are compelled by your Lordships Paper to let you know, that the Committees of Parliament sent into Ireland, to endeavour to supply their Necessities, were discountenanced by the principal Instruments for that Cessation, and when they had taken up 2000 l. upon their Personal Security for the Army there, they were Presently after commanded from the Council, by a Letter brought thither from his Majesty by the Lord Ormond's Secretary; and when the Officers of the Army were contented to subscribe for Land, in Satisfaction of their Arrears, it was declared from his Majesty, that he disapproved of such Subscriptions, whereby that Course was diverted. And we do affirm, that whatever Sums of Money raised for Ireland, were made use of by both Houses of Parliament, were fully satisfied with Advantage, and as we are informed, before the Bills mentioned in our former Paper was refused by his Majesty: And for the Regiments of Horse and Foot mentioned by your Lordships, to be raised for Ireland, and employed otherwise by the Houses of Parliament. It is true, that Forces were so designed, and when the Money, Arms, and other Provisions were all ready, and nothing wanting but a Commission from his Majesty, for the Lord Wharton, who was to command them, the same could not be obtained, which was the Cause those Forces did not go thither; and when twelve Ships and six Pinances, were prepared with One thousand, or more, Land-Forces, for the Service of Ireland, and nothing desired but a Commission from his Majesty, the Ships lying ready, and staying for the same, were three Weeks together at 300 l. a-day Charge, yet the same was denied, though often desired. And where your Lordships secm to imply, that the Provisions seized by his Majesty's Forces, were going for Conventry, it was made known to his Majesty, that the same were for Ireland. And your Lordships must needs conceive (that the Papers you delivered to us, being but Extracts, and for that you deny us so to compare them with the Originals, as to have the Names of the Persons, by whom they were written) it is altogether unreasonable for us to give any credit to them, it being manifest by this and our former Papers and Debates, that the Cessation with the Rebels in Ireland is both unjust and unlawful: We therefore insist on our 'Demands concerning Ireland, as apparently good for his Majesty's Subjects there, and for reducing that Kingdom to his Majesty's Obdience.

Before his Majesty's Commissioners gave Answer to this last Paper, they being also to answer the rest of the Demands concerning Ireland, for their necessary Information, touching some Doubts that did arise upon those Demands, and the Articles of the Treaty, of the 6th of August, concerning Ireland, and Ordinances delivered with them, the King's Commissioners gave in these several Papers.

The King's Commissioners First Paper, 19 Feb.

CL.

In the eighth Article of the Treaty, for the coming of the Scots Army into England, dated 29 Novemb. 1643, at Edinburgh, delivered to us by your Lordships, among the Papers for Ireland, and desired by the 12th Proposition, to be confirmed by Act of Parliament, it is agreed, 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 the Committees in that Behalf appointed, who are to have full Power for the same, in cafe the Houses of the Parliament of England, or the Parliament or Convention of Estates of Scotland, shall not sit. We desire to know, whether that Article extends to any Cessation, Pacification, or Agreement in Ireland.

Their Answer, 19 Feb.

CLI.

We did, in Answer to your Lordships Paper of the 1st of February, upon the Propositions concerning Religion, deliver the Treaty of the 29th of November, 1643, mentioned by your Lordships, and not among the Papers for Ireland, to which it hath no relation.

The King's Commissioners Reply, 20 Feb.

CLII.

Your Lordships did deliver the Treaty of the 29th of November, 1643, to us, with the Papers concerning Ireland, and on the 7th day of this Instant February, and not upon the 1st of February, upon the Propositions concerning Religion.

Their Answer, 20 Feb.

CLIII.

When your Lordships peruse your Papers, you will rest satisfied with our Answer of the 19th of this Instant, to your first Paper that Day given to us, for it will appear by your Lordships third Paper of the 1st of February, and our Paper given to your Lordships in answer of it, that the Treaty of the Date at Edinburgh, 29 Nov. 1643, was delivered to your Lordships on the 1st of Feb. upon the Proposition of Religion, and not upon the 3d of Feb. with the Papers concerning Ireland.

The Article of the Treaty of the 29th of Nov. 1643, which occasioned these Papers, being by their Papers thus acknowledged not to concern Ireland, and so not pertinent to that Subject, the King's Commissioners insisted no farther.

The King's Commissioners Second Paper, 19 Feb.

CLIV.

By the 13th Proposition it is demanded, that an Act be passed to settle the Proposition of the War of Ireland, in both Houses of Parliment of England, to be managed by the joint Advice of both Kingdoms. We desire to know, Whether if the two Kingdoms shall not agree in their Advice touching that War, each have a Negative Voice, or whether the Scots Commander in chief of the Forces in Ireland, may manage that War in such case, according to his own Discretion?

Their Answer, 19. Feb.

CLV.

In Answer to your Lordships Second Paper, the Prosecution of the War of Ireland, is to be settled in the two Houses of the Parliament of England, but it is to be managed by a joint Committee of both Kingdoms, wherein the Committee of each Kingdom hath a Negative Voice; but in case of Disagreement, the Houses of Parliament of England, may prosecute the War as they shall think fit, observing the Treaty of the sixth of August, 1642, between the two Houses, and the Estates of the Parliament of Scotland, and the Ordinance of the Eleventh of April, 1644, delivered to your Lordships formerly.

The King's Commissioners Third Paper, 19 Feb.

CLVI.

By the Twentieth Proposition, in the Intervals of Parliament, the Commissioners for the Militia have Power to nominate the Lord Deputy of Ireland, and other Officers and Judges there. We desire to know, whether that Power be limited to the Commissioners of both Kingdoms, or only to the Commissioners for England, and whether in such Cases the Commissioners of Scotland shall vote as single Persons.

Their Answer, 19 Feb.

CLVII.

The Power of the Commissioners, in the Intervals of Parliament, to nominate the Lord Deputy of Ireland, and other Officers and Judges there, mentioned in the 20th Proposition, being no Matters of joint Concernments, is to be limited to the Commissioners for the Parliament of England, wherein the Commissioners of Scotland are to vote as single Persons.

The King's Commissioners Fourth Paper, 19 Feb.

CLVIII.; See all these in the Appendix.

The Articles of the Treaty of the sixth of August, giving Power to the Lieutenant of Ireland (when the Scottish Army shall be joined with his Army) to give Instructions to the Scottish Commander in Chief, and the Orders of the two Houses of the ninth of March; 1644, and the IIth of April, 1644, appointing the General of the Scottish Forces in Ireland, to command in Chief, over all the Forces, as well British as Scots, and both being desired to be enacted. We desire to know, whether the Lieutenant of Ireland shall command the Scots Forces, or whether the Scottish General, shall command all Forces, both British and Scots?

Their Answer, 19 Feb.

CLIX.

In Answer to your Lordships Fourth Paper, we say, That the Ordinances of the Ninth of March and Eleventh of April, 1644. were made when there was no Lieutenant of Ireland, and when a Lieutenant shall be made, with the Approbation of both Houses, according to our former Demands in the Seventeenth and Twentieth Propositions, it will be a fitting Time to give further Answer to your Lordships.

The King's Commissioners Reply, 20 Feb.

CLX.

We desire a full Answer from your Lordships to our Fourth Paper, delivered to your Lordships yesterday, concerning the Power of the Lord Lieutenant of Ireland, and the General of the Scots Forces, your Lordships having proposed to us that the Articles of the Treaty, and the Ordinance of the eleventh of April, be enacted by his Majesty; by one of which the General of the Scotch Forces is to receive Instructions for the managing the War there from the Lieutenant of Ireland; and by the other (which is the latter) the General of the Scots Forces is to command in Chief, both the British and Scots Forces, by which it seems the Lieutenant of that Kingdom is to have no Power in the Prosecution of that War.

The Answer, 20 Feb.

CLXI.

'We do insist upon our former Papers, that the Prosecution of the War in Ireland is to be settled in both Houses of Parliament, and is to be managed by the joint Advice of both Kingdoms, as in those Papers is set down; and when a Lieutenant of Ireland shall be appointed, as is expressed in the Propositions, and it shall be necessary for the Good of the Service, that he and the Commander in chief of the Scottish Army join; The Commander of the Scottish Army shall receive Instructions from the Lord Lieutenant, or Deputy, or other who shall have the chief Government of that Kingdom for the Time, according to the Orders which shall be given by the Commissioners of both Kingdoms.

The King's Commissioners Fifth Paper, 19 Feb.

CLXII.

The last part of the Seventeenth Proposition gives Power to the Commissioners for the Militia of both Kingdoms, as a joint Committee to order the war of Ireland, according to the Ordinance of the Eleventh of April, and to order the Militia, the conserve the Peace of the Kingdom of Ireland, and by that of the Eleventh of April, the Earl of Leven being appointed Commander in Chief over all the Forces, as well British as Seats: We desire to know whether he shall be subordinate to those Commissioners for the Militia, and be obliged to observe such Orders as he shall receive from them.

Their Answer, 19 February.

CLXIII.

'The Commissioners of the Militia desired by the Seventeenth Proposition, are to order the War of Ireland, according to the Ordinance of the Eleventh of April, and the Earl of Leven being by that Ordinance Commander in Chief of the Forces there, is obliged to observe such Orders as he shall receive from those Commissioners.

Their Commissioners likewise, the same Nineteenth of February, delivered in some Papers of Demands on their part.

Their Demands, 19 Feb.

CLXIV.

We desire that no Cessation of Arms, or Peace in Ireland, may be Treated upon, or Concluded, without Consent of both Houses of Parliament of England.

Another, 19 February

CLXV.

We desire to know, whether any Peace or Cessation of Arms in Ireland be consented unto by his Majesty, and for what Time, and whether any Commission be now on foot, or other Authority given by his Majesty for that purpose.

The King's Commissioners Answer to both, 20 Feb.

CLXVI.

To your Lordships (fn. 4) Sixth and Seventh Papers delivered to us yesterday concerning any Peace or Cessation of Arms in Ireland, your Lordships well know that long after the War begun in this Kingdom, and the want of a Supply from hence, that a Cessation hath been made with his Majesty's Consent, and we conceive that the same expires in March next, and we are confident there is no Peace made there: But for the making a Peace, or a further Cessation, we can give no farther Answer till we may know whether there may be a blessed peace made in England, since if the miserable Civil Wars shall continue in this Kingdom. We cannot conceive it possible for his Majesty, by Force, to reduce the Kingdom of Ireland, or to preserve his Protestant Subjects there, without a Peace or Cessation.

Their Reply, 20 February.

CLXVII.

'We conceive your Lordships have given no Answer to us, whether any Commission be now on foot, or other Authority given by his Majesty for any Peace, or Cessation of Arms in Ireland, other than that which determines in March next, nor to our Desire that no Cessation of Arms, or Peace in Ireland, may be treated upon, or concluded, without Consent of both Houses of the Parliament of England; nor do we understand why your Lordships should delay your Answer herein till the Peace in England be concluded, since it hath been so clearly manifested to your Lordships, by the true Meaning of the Act passed by his Majesty this Parliament, that his Majesty can make no Peace not Cessation without the Consent of the two Houses, and that your Lordships satisfactory Answer to this and our other Demands concerning Ireland, will much conduce to the settling the Peace of this Kingdom; we therefore again desire you Lordships full and clear Answer to the Particulars expressed in our Sixth and Seventh Papers, yesterday delivered to your Lordships.

The King's Commissioners Paper, 20 Feb.

CLXVIII.; The two Papers following No. 171, and 172, were delivered in before this Paper and the Reference is to them and others formerely delivered on that Subject.

We do not hold our selves any ways obliged to answer your Lordships Demand, whether any Commission be on foot, on other Authority from his Majesty, for a Peace or Cessation of Arms in Ireland, (that Question not arising upon any Propositions on his Majesty's part) yet for your Lordships Satisfaction, we do again assure you, we do not know there is any Peace or Cessation made there, other than that which determines in March next. But what Commission the Marquess of Ormond, as Lieutenant of Ireland, or General of the Forces there, hath to that purpose, we do not know, and therefore cannot inform your Lordships. And as to the other Particulars in that Paper, we do (fn. 5) refer our selves tot he Answers formerly given in to your Lordships Demands touching that Subject, with this, that we do conceive it to be most clear, that his Majesty is in no wise restrained by express Words, or by the Meaning of any Act made this Parliament, from making a Peace or Cessation in Ireland, without the Consent of the two Houses.

Their Paper, 19 Feb.

CLXIX.

'There being but three Days left to treat upon the Propositions for Religion, the Militia, and for Ireland, and for that your Lordships have given no satisfactory Answers to our Demands concerning them, we therefore now desire to confer with your Lordships, how to dispose of the three Days yet remaining, that we may receive your Lordships full and clear Answers thereunto?

The King's Commissioners Answer, 19 Feb.

CLXX.

We see no Cause why your Lordships should think our Answer's upon Propositions for Religion and the Militia were not satisfactory. And for that of Ireland, we have received many Papers from your Lordships concerning that Business, besides the Propositions themselves, to all which we doubt not to give a full and clear Answer to your Lordships to morrow, being the Time assigned, and the Last Day of the Treaty upon that Subject. (fn. 5) After we shall be ready to confer with your Lordships of disposing the remainder of the Time.

Accordingly, after the before-mentioned Demands, and Answers thereunto of the 19th of February, the King's Commissioners, in answer to theirs of the 18th of February, no. 149. delivered in this Paper.

20 February.

CLXXI.

We have already told your Lordships, how far we are from being satisfied by what you have alledged against his Majesty's Power to make a Cessation with the Rebels in Ireland; neither have your Lordships in any degree answered the important Reasons which induced his Majesty so to do, it being very evident, that by the Cessation there, his Majesty's Protestant Subjects have been preserved and subsisted, which without it they could not have done, the tow Houses for bearing to send any Relief or Supply to them, and his Majesty not being able. And we desire your Lordships to consider how impossible it was, whilst the War continued in England with such Fierceness and Animosity, by Arms, to reduce the Kingdom of Ireland to his Majesty's Obedience; and therefore his Majesty had great reason to preserve that by a Cessation, which he could not reduce by a War. And we are most confident, that the Necessities (which are not offered as Excuses for, but were the real Grounds of the Cessation) were very visible to all those in that Kingdom, whose Advices his Majesty ought in reason to follow, and whose Interests were most concerned, and would not have given such Advice if any other way could have been found out to preserve them. And we have been credibly informed, that the Committee sent into Ireland (which his Majesty never understood to be sent thither to supply the Necessities, but to observe the Actions of his Majesty's Ministers there, having, in their Journey thither, signed Warrants in their own Names, to apprehend the Persons of Peers of this Realm, and Persons of his Majesty's Privy-Council) were never discountenanced there; for his Majesty's Directions, that Persons who were not of his Privy Council there, should not be present at those Councils, cannot be interpreted a Discountenance to them in anything they ought to do. And we are most assured, that his Majesty sent no Message or Letter to divert the Course of the Officers subscribing for Land in satisfaction for their Arrears, but the Soldiers were meerly discouraged from the same, by discerning that for want of Supplies, they should not be able to go on with that War. And we do assure your Lordships, that his Majesty doth not believe, that the Sums of Money raised for Ireland (which your Lordships do admit to have been made use of by both Houses of Parliament, otherwise than was appointed) are yet satisfied in any Proportion, the greatest part of the Monies raised upon the Bill for 400, 000 l and of the Monies raised upon the charitable Collections, as well as the Adventurers Monies, being employed upon the War here; and if the same were since satisfied, it doth no ways excuse the diverting of them, when in the mean time that Kingdom suffered by that Diversion: And that the fear that other Monies so raised, might likewise be misemployed, was a great Reason (amongst others) that mad his Majesty not consent to that Bill mentioned to your Lordships. And for the Regiments of Horse and Foot, which your Lordships, in your Paper of the 18th of this Month say, were designed for Ireland, though they were employed otherwise, because a Commission could not be obtained for the Lord Wharton, who was to command those Forces, it is well known, that those Forces were raised before his Majesty's Commission was so much as desired, and then the Commission that was desired, should have been independent upon his Majesty's Lieutenant of that Kingdom, and therefore his Majesty had great Reason not to consent to such a Commission; and so the Damages of keeping those six Pinnaces, and the 1000 Land-Forces (if any such were) proceeded not from any Default of his Majesty. And for the Provisions seized by his Majesty's Forces, it is notorious that they were seized in the Way to and near Coventry, and that it was not made known to his Majesty, that the same were for Ireland, till after the Seizure thereof, when it was impossible to recover the same from the Soldiers, who had taken them. Whereas, if a Safe Conduct had been desired by his Majesty, as it ought to have been, the same being to pass through his Quarters, there would have been no Violence or Interruption offered. For the giving the Names of the Persons, who subscribed the Letters delivered to your Lordships (the Originals of which have been shewed to you by us) we have given your Lordships a full and reasonable Answer; and if your Lordships will assure us, that their giving their Names to you, shall be no Prejudice to the persons who did subscribe, if at any time any of them shall be found within your Quarters, we will forthwith deliver their Names to you; otherwise we conceive your Lordships cannot but give credit to that we have said and shewed to you; all which, we hope, hath clearly satisfied your Lordships, that the Cessation with the Rebels was neither Unjust not Unlawful, and that you will proceed to satisfy us by what Means the War may be managed in Ireland, with probable Hope of the Preservation of his Majesty's Protestant Subjects there, we being very willing to concur with your Lordships in any just and honourable Way, for the Good and Settlement of that miserable Kingdom.

And together with this last, the King's Commissioners delivered in this other Paper.

20 February.

CLXXII.

Having given your Lordships clear Reasons, why the Cessation which hath been made in Ireland, is not in Reason or Justice to be made void, and that the making void thereof (if the same might be done) is not or cannot be for the Benefit or Advantage of his Majesty's Protestant Subjects in that Kingdom, so long as the unhappy Wars in this Kingdom continue. To the other part of your Lordships first Paper, concerning Ireland, for the Prosecution of the War there, to be settled in both Houses of the Parliament of England, to be managed by the joint Advice of both Kingdoms, and his Majesty to assist, we say, That it appears by the other Papers delivered to us by your Lordships, as the Articles of the Treaty of the 6th of August, and the Ordinances of the IIth of April, and 9th of March, and otherwise, that the Intent is, That that War shall be managed by a joint Committee of both Kingdoms, and that the Committee of each Kingdom shall have a Negative Voice; and consequently it is very probable, that upon difference of Opinion between them, that War may stand still, or to the utter Ruin of his Majesty's good Subjects there, be absolutely dissolv'd. For whereas your Lordships say, That in case of such Disagreement, the Houses of the Parliament of England may prosecute that War as they shall think sit, observing the Treaty of the 6th of August, 1642, and the Ordinance of the 11th of April, your Lordships well know, that by that Treaty and that Ordinance, the two Houses of the Parliament of England alone cannot prosecute that War, that Ordinance of the 11th of April expressly making the Earl of Leven the Scots General, Commander in Chief of all Forces in that Kingdom, both British and Scottish, without any Reference unto his Majesty, or his Lieutenant of that Kingdom, and directing that the War shall be managed by the Committee of both Kingdoms, without any other Reference to the two Houses of the Parliament of England; and therefore we cannot consent that such an Act of Parliament be passed for the Confirmation of that Treaty, or the Ordinance of the 11th of April, as your Lordships propose, by reason that thereby all his Majesty's Authority would be wholly taken away in that Kingdom; and in Truth, that whole Kingdom be thereby delivered into the Hands of his Majesty's Subjects of Scotland, which we conceive is neither just, prudent, or honourable to be done: And we are of Opinion, that it is not agreeable to his Majesty's Honour, or the Justice and Protection which he owes to his Subjects of his Kingdom of Ireland, to put the Nomination of his Lieutenant and Judges of that Kingdom out of himself, and to commit the whole Power of the Kingdom to others, and to bind himself to pass all such Acts of Parliaments, as at any time hereafter shall be presented to him, for raising of Monies and other things necessary for the Prosecution of the War in that Kingdom which your Lordships say in your Paper the 9th of this Instant, you intend by those Words (His Majesty to Assist) in your first Paper; and we conceive it cannot be expected that his Majesty should consent to an Act of Parliament for Prosecution of the War in Ireland, to be managed by the Advice of the Houses of Parliament here, and the Estates of the Parliament of Scotland, so long as the War in this Kingdom shall continue.

For these and many other Reasons, we conceive it doth appear to your Lordships, that the Propositions, as they are delivered to us by your Lordships, are by no means sit to be consented to; and therefore we desire your Lordships to make other Propositions to us, which may be for the Preservation and Relief of his Majesty's Protestant Subjects there, and for the Settlement of that Kingdom, in which we shall very readily concur, and we shall be very willing that the Business of that Kingdom shall, after a Peace settled in this, be taken into Consideration, and ordered as his Majesty, and both Houses of Parliament here, shall think fit.

Their Answers to these two Papers.

Their Paper, 20 Feb.

CLXXIII.

We expected that your Lordships would have been fully satisfied by what we have alledged against his Majesty's Power, to make the Cessation with the Rebels in Ireland, and we cannot find those important Reasons, which your Lordships mentioned to have induced his Majesty so to do, or that thereby his Majesty's Protestant Subjects there have been preserved or subsisted; but we have made it evident, that this Cessation tended to the utter Destruction of the Protestants in that Kingdom, as we conceived was designed by those who advised his Majesty thereunto, and we observe your Lordships urge that this Cessation was the only Means for the Subsistance of the Protestants there, when it cannot be denied, but that very many of the Protestants in Ulster, Munster and Connaught, have yet subsisted, although they have refused to submit to the Cessation, and opposed the same, as the Means intended for their Ruin; and we do affirm unto your Lordships, that the two Houses of Parliament have been so far from failing to supply his Majesty's good Subjects in that Kingdom, that although his Majesty's Forces have as much, as lay in their Power, endeavoured to prevent the same, and have taken to themselves that which was provided for those whom your Lordships mention to have been in so great Want and Extremity, yet the two Houses not discouraged thereby, have constantly sent great Proportions of all necessary Supplies unto the Protestants there, whereby they have subsisted, and have very lately sent thither, and have already provided to be speedily sent after in Money, Victuals, Clothes, Ammunition, and other Necessaries, to the Value of Sevenscore thousand Pounds: And they have not desired any other Provision from his Majesty, but what he was well able to afford herein, only his Assistance and Consent in joining with his two Houses of Parliament, for the better enabling them in the Prosecution of that War; and we are so far from apprehending any Impossibility of reducing that Kingdom, during the unhappy Distractions here, that although many of the Forces provided by the two Houses for that End, were diverted and employed against the Parliament, to the increasing of our Distractions, yet the Protestants in Ireland have subsisted, and do still subsist, and we have just Cause to believe, that if this Cessation had not been obtained by the Rebels (and that in the Time of their greatest Wants) and that these Forces had not been withdrawn, they might in probability have subdued those bloody Rebels, and finished the War in that Kingdom: For the pretended Necessities offered, as Grounds of this Cessation, we have already given your Lordships, (we hope) clear Information: For the Persons whose Advice his Majesty followed therein, your Lordships have not thought fit to make them known unto us, and we cannot conceive their Interest in that Kingdom to be of such Consideration as is by your Lordships supposed: But we know very well, that many persons of all forts have forsaken that Kingdom, rather than they would submit unto this Cessation, and great Number of considerable Persons, and other Protestants yet remaining there, have opposed, and still do oppose that Cessation, as the visible Means of their Destruction. The two Houses sent their Committees into Ireland, for the better supplying and encouraging of the Armies there, and to take an Account of the State of the War to be represented hither, that what should be found defective might be supplied. What Warrant they issued we are ignorant of, but are well assured, that what they did was in pursuance of their Duty, and for Advancement of the Publick Service, and suppressing of that horrid Rebellion; and we cannot but still affirm they were discountenanced and commanded from the Council there, where the Prosecution of that War was to be managed, and that it was declared from his Majesty, that he disapproved of the Subscriptions of the Officers of the Army, by means whereof that Course was diverted.

Concerning the Monies raised for Ireland, we have in our former Papers given your Lordships a full and just Answer, and we are sorry the same cannot receive Credit; those Monies raised upon Charitable Collections, we do positively affirm were only employed to those Ends for which they were given, and we cannot but wonder the contrary should be suggested; we are confident the Commission desired by the two Houses for the Lord Wharton (and which your Lordships acknowledge was denied) was only such as they conceived most necessary for Advancement of that Service, and the Denial thereof proved very prejudicial thereunto: And we must again inform your Lordships, that is was well known at the Time when the Goods were seized by his Majesty's Forces (as your Lordships alledge near Covently) that the same were then carrying for the Supply of the Protestants in Ireland, and some other Provisions, made and sent for the same Purpose, were likewise seized and taken away by some of his Majesty's Forces, as we have been credibly informed, not without his Majesty's own knowledge and Direction; your Lordships may believe that those who signed the Letters, mentioned in your Papers, have done nothing but what they may well justify, and if the same be well done, they need not fear to give an Account thereof, nor your Lordships to suppose that if they come within our Quarters, they shall be otherwise dealt withal than shall be agreeable to Justice. Upon the whole Matter, notwithstanding the Allegations, Pretences and Excuses, offered by your Lordships, for the Cessation made with the Rebels in Ireland, we are clearly satisfyed, that the same was altogether Unjust, Unlawful and destructive to his Majesty's good Subjects, and of Advantage to none but the Popish Bloody Rebels in that Kingdom; and therefore we still earnestly insist, as we conceive our selves in Conscience and Duty obliged, upon our former Demands concerning Ireland, which we conceive most just and Honourable for his Majesty to consent unto. We know no other ways to propound more probable for the reducing of the Rebels there, but these being granted, we shall chearfully proceed in the managing of that War, and doubt not, by God's Blessing, we shall speedily settle that Kingdom in their due Obedience to his Majesty.

Their other Paper, 20. Feb.

CLXXIV.

'We cannot understand how out of any of the Papers, Articles and Ordinances delivered by us to your Lordships, there should be a ground for your Opinion, that upon any Differences between the Committees or Commanders, employed about the War of Ireland, the War should stand still or be dissolved; nor do we find that the Ordinance of the 11th of April, can produce any such Inconvenience as your Lordships do imagine: Nor doth the making of the Earl of Leven Commander in Chief of the Scottish and Brittish Forces, adn the settling of the prosecution of the War of Ireland, in the two House of the Parliament of England, to be managed by the joint advice of both Kingdoms, take away the relation to his Majesty's Authority, or of the two Houses of Parliament, or of the Lord Lieutenant of Ireland: For in the first place, his Majesty's Consent is humbly desired and the whole Power is derived from him, only the Execution of it is put in such a way, and the General is to carry on the War according to the Orders he shall receive from the Committee of both Kingdoms, and in case of disagreement in the Committee, the two Houses of Parliament are to prosecute that War, as is expressed in our Answer to your Lordships second Paper of the 19th of February. And when there shall be a Lieutenant of Ireland, and that he shall joyn with the Commander in Chief of the Scottish Army, the said Commander is to receive Instructions from him according to the Orders of the Commissioners of both Kingdoms, as we have said in our Answer to your Lordships second Paper of this day; nor doth the Naming of the Earl of Leven to be General, any more take away the Power of the two Houses, than if he were a Native of this Kingdom; or is there any part of the Kingdom of Ireland delivered over into the hands of his Majesty's Subjects of the Kingdom of Scotland, who do only join with their Councels and Forces, for carrying on theWar, and reducing that Kingdom to his Majesty Obedience: And we conceive it most conducing for the good of his Majesty's Service, and of that Kingdom, that the Lieutenant and Judges there, should be Nominated by the two Houses of Parliament, as is expressed in the 20th Proposition, who will recommend none to be employ'd by his Majesty, in Places of so great Trust, but such, whose known Ability and Integrity shall make them worthy of 'em, which must needs be best known to a Parliament: Nor are they to have any greater Power confered upon them, by the granting this Proposition, than they have had who did formerly execute those Places; and we know no reason, why your Lordships should make difficulty of his Majesty's consenting to such Acts as shall be presented to him, for raising Monies and other Necessaries from the Subject, which is without any charge to himself, for no other end, but the settling of the true Protestant Religion in that Kingdom, and reducing it to his Majesty's Obedience, for which we hold nothing too dear that can be employ'd by us. And we cannot but wonder that your Lordships should make the prosecution of the War of Ireland, which is but to execute Justice upon those Bloody Rebels, who have broken all Laws of God and Man, their Faith, their Allegiance, all Bonds of Charity, all Rules of Humanity and Humane Society, who have Butchered so many Thousands of Innocent Christians, Men, Women and Children, whose Blood cries up to Heaven for Vengeance, so many of his Majesty's Subjects, whose Lives he is bound to require at their hands that spilt them, and to do Justice upon them, to put away innocent Blood from Himself, his Posterity, the whole Land, these execrable Antichristian Rebels, who have made a Covenant with Hell to destroy the Gospel of Christ, and have taken up Arms to destroy the Protestant Religion, to set up Popery, to rend away one of his Majesty's Kingdoms, and deliver it up into the hands of Strangers, for which they have Negotiations wich Spain and other States; a War which must prevent so much Mischief, do so much Good, offer up such an acceptable Sacrifice to the great and just God of Heaven, who groans under so much Wickedness to Iye so long unpunished; a War which must reduce that Kingdom unto his Majesty's Obedience, the most glorious work that this Kingdom can undertake. That the prosecution of such a War your Lordships should make to depend upon any other Condition; That the Distractions of these Kingdoms should be laid as an Impediment unto it, and that there should be any thought, any thing which should give these Rebels hope of Impunity if our Miseries continue; whereas according to Christian Reason, and the ordinary course of God's Providence, nothing can be more probable to continue our miseries than the least connivance in this kind. What can be said or imagined should be any inducement to it? We hope not to make use of their Help and Assistance to strengthen any Party here, to bring over such Actors of barbarous Cruelties, to exercise the same in these Kingdoms; we desire your Lordships to consider these things, and that nothing may remain with you, which may hinder his Majesty from giving his Consent to all good means for the reducing of Ireland, according to what is desired by us in our Propositions.

The King's Commissioners Reply to the two last Papers,

The King's Commissioners Paper, Paper, 20 February.

CLXXV.

We are very sorry, that our Answers formerly given to your Lordships, in the business of the Cessation, which was so necessary to be made, and being made to be kept, hath not given your Lordships Satisfaction; and that your Lordships, have not rather thought fit to make the reasonableness of your Proposition concerning Ireland appear to us, or to make such as might be reasonable instead thereof, than by charging his Majesty, with many particulars, which highly reflect upon His Honour, to compel us to mention many things, in answer to your Lordships Allegations, which otherwise in a time of Treaty, when we would rather endeavour to prevent future Inconveniences, than to insist on past mistakes, we desired to have omitted; And we can no ways admit, that when the Cessation was made in Ireland, his Majesty's Protestant Subjects there, could have subsisted without that Cessation, nor that the War can be maintained and prosecuted to the subduing the Rebels there, so long as the War continues in this Kingdom, which are the chief Grounds laid for the Affertions in your Lordships first Paper deliver'd this day concerning the Business of Ireland; neither can we conceive, that your Lordships have alledged any thing, that could in the least degree satisfy us, that his Majesty had no Power to make that Cessation, or had no Reason so to do, considering (as we have formerly said, and again do insist upon it) that by that Cessation (which was not made till long after this Kingdom was embroyled in a miserable War) the poor Protestants there (who for want of Supplies from hence was ready to famish and be destroyed) were preserved, and that Kingdom kept from utter Ruin, (so far was it from being a Design for their Destruction, or for the advantage of the Popish bloody Rebels, as is insinuated) for it appears by the Letters or the Lords Justices of Ireland, Sir William Parsons, and Sir John Borlace and of the Council there, and of the 14th of April, 1643. before that Cessation was made, directed to the Speaker of the House of Commons, a Copy whereof we delivered to your Lordships, though we presume you may have the Original; 'That his Majesty's Army and good Subjects there, were in danger to be devoured for want of needful Supplies forth of England; and that his Majesty's Forces were of necessity sent Abroad, to try what might be done, for sustaining them in the Country, to keep them alive until Supplies should get to them, but that design failing, those their hopes were converted into astonishment, to behold the miseries of the Officers and Solders for want of all things, and all those Wants made insupportable in the want of Food; and divers Commanders and Officers declaring they had little hope to be supplied by the Parliament, pressed with so great Importunity, to be permitted to depart the Kingdom, as that it would be extream difficult to keep them there. And in another part of that Letter (for we shall not grieve you with mention of all their Complaints) they expressed. That they were expelling thence all Strangers, 'and must instantly send away for England Thousand of poor despoiled English, whose very eating was insupportable to that Place; that their Consusions, would not admit the Writing of many more Letters, if any, (for they had written divers others, expressing their greater Necessities) 'And to the end his Majesty and the English Nation, might not irrecoverably, and unavoidably suffer, they did desire that then (though it were almost at the Point to be too late) supplies of Victuals and Ammunition in present, might be haster thither to keep Life until the rest might follow, there being no Victuals in the Store, nor a Hundred Barrels of Powder (a small Proportin to defend a Kingdom) left in the Store, when the our Garrisons (as they were to be instantly) were supplyed, and that remainder according to the usual necessary Expence, besides extraordinary, Accidents, would not lst above a Month. And in that Letter they sent a Paper, sign'd by sundry Officers of the Army, delivered to them as they were ready to sign that Dispatch, and by them apprehended to threaten imminent Danger, which mentioned, 'That they were brought to that great Exigence, that they 'were ready to rob and spoil one another, that their Wants began to make them desperate; That if the Lords Justices, and Council there, did not find a speedy way for their Preservation, they did desire that they might have leave to go away; That if that were not granted, they must have recourse to the Law of Nature, which teacheth all Men to preserve themselves.

And by a Letter of the 11th of May following (a Copy whereof we have also deliver'd to your Lordships) the Lords Justices and Council there did advertise his Majesty, 'That they had no Victuals, Clothes, or other Provisions, (no Money to provide them of any thing they want) no Arms, nor above 40 Barrels of Powder, no strength of serviceable Horse, no visible Means by Sea or Land, of being able to preserve that Kingdom, and that though the Winds had in many days, and often formerly stood very fair for accession of Supplies forth of England, (the two Houses having then, and ever since the full Command of those Seas) yet to their unexpressible Grief, after full six Months waiting, and much longer Patience, and long suffering, they found their Expectations answer'd in an inconsiderable quantity of Provisions, viz. 75 Barrels of Butter, and 14 Tun of Cheese, being but the 4th part of a small Vessel-loading, which was sent from London, and arrived there on the 5th of May, which was not above 7 or 8 Days Provisions for that part of the Army, in and about Dublin; No Money or Victuals, (other than that inconsiderable Proportion of Victuals0 having arriv'd there as sent from the Parliament of England, or from any other Fort of England, for the use of the Army since the beginning of November before. And besides these whereof we have Copies to your Lordships, it was represented to his Majesty by Petition from the Kingdom; 'That all means by which Comfort and 'Life should be conveyed to that Gasping Kindom seemed to be totally obstructed, and that unless timely relief were afforted, his Loyal Subjects there must yeild their Fortunes for a Prey, their Lives for a Sacrifice, and their Religion for a scorn to the merciless Rebels. Upon all which deplorable Passages, represented by Persons principally interested in the managing of the Affairs of that Kingdom, and the War there, in which Number were Sir William Parsons, Sir John Temple, Sir Adam Lostus, and Sir Robert Meredith, persons of great Estimation with your Lordships, to which we could add many other Advices, and Letters with your Lordships, to which we could add many other Advices, and Letters from several Men of Repute and Quality, but that we will not trouble your Lordships with Repetitions of private Advices, we cannot think but your Lordships are now satisfied that the Necessities of that Kingdom, which were the ground of the Cessation there, were real and not pretended, and therefore for excuses we leave them, to them who stand in need of them; and we desire you Lordships to consider as the distracted Condition of this Kingdom was, what other way could be imagined for the Preservation of that Kingdom, than by giving way to that Cessation; and tho' it is insisted on in your Lordships Paper, that some Protestants in Ulster, Muster, and Connaught, (who have refused to submit to that Cessation) have yet subsisted, yet your Lordships well know, these were generally of the Scottish Nation, who had strong Garrisons provided, and appointed to them, and were in these parts of Ireland, near the Kingdom of Scotland, whence more ready supplies of Victuals might be had, than the English could have from England and for whose supply (as his Majesty hath been credibly inform'd, and we believe that your Lordships know it to be true) special care was taken, when the English Forces, and other English Protestant Subjects there were neglected, whereby they were exposed to apparent Destruction, by Sword and Famine; and we cannot but wonder at the Assertion, that his Majesty's Forces have as much as lay in them, endeavoured to prevent those Supplies for Ireland, and at the mention of the intercepting those Provisions near Coventry, with his Majesty's own Knowledge and Direction, whereas, as we have formerly acquainted your Lordships, it was not known to his Majesty that those Provisions, which were taken near Coventry going thither, when his Majesty's Forces were before it, were intended for Ireland, till after the seizure thereof, when it was impossible to recover them from the Soldiers, which might have been prevented, if a safe Conduct had been desired through his Majesty's Quarters, which we are assured he would have readily granted for those or any other Supplies for that Kingdom, but was never asked of him; and as there is no particular instance of any other Provisions for Ireland intercepted by his Majesty's Forces, but those near Coventry, which were considerable, so we can assure your Lordships, that when his Majesty was in the greatest Wants of all Provisions, and might have readily made use of some provided for Ireland, lying in Magizines within his Quarters, yet he gave express Order for the sending them away, which was done accordingly, and would have supplied them further out of his own Store, if he had been able; and no Man can be unsatisfied of his Majesty's tender sense of the Miseries of his Protestant Subjects in Ireland, when they shall remember how readily he gave his Royal Assent to any Proposition or Acts for raising of Men, Monies, and Arms for them, that he offered to pass over in Person for their Relief, (which his Majesty's Subjects of Scotland approved, and declared it to be an Argument of Care in his Majesty, and if that had proceeded, it might in possibility have quenched the Flames of that unhappy Rebellion, as long before it might probably have been prevented, if the Army of Irish Natives there had been suffered to have been Transported out of that Kingdom, as was directed by his Majesty.

What Provisions are lately sent, or are now sending to Ireland from the two Houses, we know not; but his Majesty hath been informed, that even those Provisions are designed in pursuance of the late Treaty concerning Ireland, made with his Subjects of Scotland without his Majesty's Consent, and only for such, who have declared themselves against his Majesty's Ministers, and in opposition to that Cessation to which many of them had formerly consented, though they have since, upon private Interests, and the Encouragements and Solicitations of others oppos'd the same; and therefore his Majesty cannot look upon those Supplies, as a support for the War against the Irish Rebels, or as a repayment of those Moneis which being raised by Acts of Parliament for that War, have been formerly diverted to other uses, of which Money 100,000 l. at one time was issued out for the Payment of the Forces under the Earl of Essex.

And as to diverting the Forces provided, for the reducing of Ireland, tho' we conceiv'd ought not to be objected to his Majesty considering the Forces under the Command of the Lord Wharton, raised for Ireland, had been formerly diverted and employed against him, in the War here in England, yet it is evident they were not brought over, till after the Cessation, when they could no longer subsist there; and that there was no present use for them, and before those Forces brought over, there was an attempt to bring the Scottish Forces in Ireland, as likewise divers of the English Officers there, into his Kingdom, and since the Earl of Leven their General, and divers Scotch Forces were actually brought over.

To the Allegation that many Persons of all forts have forsaken the Kingdom, rather than they would submit to that Cessation, we know of none; But it is manifest, that divers who had last that Kingdom, because they would have been famished if they had continued there, since that Cessation have returned.

Touching the Committee sent into Ireland, we have already answered, they were not discountenanced by his Majesty, in what they lawfully might do, altho' they went without his Privity, but conceive your Lordships will not insist, that they should sit with the Privy Council there and assume to themselves to advise and interpose as Privy-Counsellors: And we again deny the Subscriptions, of the Officers of the Army was diverted by his Majesty, and it is well known, that some Officers apprehending upon some Speeches, that the Drist in requiring Subscriptions was to engage the Army against his Majesty, in Detestation thereof upon those Speeches, rent the Book of Subscriptions in pieces.

For the Diversion of the Monies raised for that War, if they had been since repayed, (the contrary whereof is credibly informed to his Majesty) yet that present Diversion might be, and we believe was a great Means of the future Wants of that Kingdom, which induced the Cessation. As to the Lord Wharton's Commission, we conceive we have already fully satisfied your Lordships the just Reasons thereof.

For the Letters, whereof your Lordships had Copies, we conceive that your being thereby satisfied of the Contents, and that they came from the Lords Justices and Council there, your Lordships need not doubt of the Truth of the Matter: And for the Names of the single Persons subscribing, we cannot conceive it is desired for any other purpose than to be made use of against such of them as should come into your Quarters, you having not granted though desired, that it shall not turn to their Prejudice, if we should give in their Names.

Upon what hath been said, it appears, That his Majesty's English Protestant Subjects in Ireland could not subsist without a Cessation: And that the War there cannot be maintained or prosecuted to the subduing of the Rebels there, during the continuance of this unnatural War here, it is evident to any Man that shall consider, that this Kingdom labouring in a War which employs all the Force and Wealth at Home, cannot, nor will spare considerable Supplies to send Abroad; or if it could, yet whiles there are mutual Jealousies, that there cannot be that Concurrence in joint Advices betwixt the King and the two Houses, as will be necessary, if that War be prosecuted: and that his Majesty cannot condescend, or your Lordships in reason expect his Majesty should, by his Consent to Acts of Parliament for the managing of that War, and raising Monies to that purpose, put so great a Power into their Hands, who, during these Troubles, may, if they will turn that Power against him: And it is apparent, that the continuance of the War here must inevitably cause the continuance of the Miseries there, and endanger the rending of that Kingdom from this Crown.

The King's Commissioners other Paper, 10 Feb.

CLXXVI.

We do very much wonder that it doth not clearly appear to your Lordships, that upon any difference between the Committees of both Kingdoms, in the managing the War of Ireland, (in the Manner proposed by your Lordships) the War there might stand still, or be dissolved, for if the Ordinance of the 11th of April, be by his Majesty's Royal Assent made an Act of Parliament 9as your Lordships desire) all the Forces of that Kingdom, both Brittish and Scottish, are put under the absolute Command of the Earl of Leven, the Scottish General, and the managing the War committed wholly to the Committee of both Kingdom, without any Reference to the two Houses of the Parliament of England by themselves, so that whatsoever your Lordships say of your Intentions, the two Houses of Parliament there, shall upon such Difference manage the War, (which yet you say must be observing the Treaty of the 6th of August, and the said Ordinance of the 11th of April) it is very evident if that Ordinance should be made a Law, the War must stand still, or be dissolved upon difference of Opinion between the Committee of both Kingdom, or else the Earl of Leaven must carry on that War according to his Discretion: For he is in no degree bound to observe the Orders or Directions of the Houses Consent at all alter the Case from what we stated it to your Lordships, in our Paper of the 20th of this Instant, for we said then, and we say still, that if his Majesty should consent to what you propose, he would divest himself of all his Royal Power in that Kingdom, and reserve no Power or Authority in himself over that War, which is most necessary for his Kingly Office to do; for your Lordships Expression, when there shall be a Lieutenant of Ireland, we presume your Lordships cannot but be informed, that his Majesty hath made, and we doubt not but you acknowledge he hath Power to make, the Lord Marquess of Ormond his Lieutenant of that Kingdom, and who is very well able to manage and carry on that War, in such Manner as shall be thought necessary for the Good of that Kingdom, and there is no question, but that the naming the Earl of Leven to be General to receive Orders only from the joint Committee of both Kingdoms, doth more take away the Power of the two Houses here than if he were a Native of this Kingdom, and to obey the Orders of the two Houses. And we conceive it evident, that the giving the absolute Command of all Forces, both Brittish and Scottish, to the Earl of Leven, General of the Scottish Forces, who is to manage the War according to the Direction of the joint Committee of both Kingdoms, doth not amount to less, than to deliver the whole kingdom of Ireland over into the Hands of his Majesty's Subjects of the Kingdom of Scotland, and therefore we must ask your Lordships Pardon, to believe our selves obliged in Prudence, Honour, and Conscience, very much to insist on that Consideration, and very earnestly to recommend the same to your Lordships: And we conceive it most conducing to the good of his Majesty's Service, and of that Kingdom, that the Lieutenant and Judges there be Nominated (as they have always been) by his Majesty, who will besure to employ none in Places of so great Trust, but such whose known Ability and Integrity shall make them worthy; and if at any he shall find himself deceived by those he shall chuse, can best make them Examples of his Justice, as they have been of his Grace and Favour. And we beseech your Lordships to consider how impossible it is for his Majesty to receive that measure of Duty, Reverence and Application, which is due to him and his Royal Progenitors have always enjoy'd if it be not in his own immediate Power to reward those, whom he shall by experience discern worthy of Publick Trust and Employment. We have made no difficulty to your Lordships, of his Majesty's consenting to Acts for the raising of Monies and other Necessaries, for the settling of the true Protestant Religion in that Kingdom, only we think it unreasonable, that his Majesty should engage himself (as is propos'd) to pass all such Acts as shall be presented to him, before he know whether such Acts are reasonable or no, and whether those (other Necessaries) may not comprehend what in Truth is not only unnecessary, but very inconvenient; neither will the Argument, that the Monies are to be raised from his Subjects, without any charge to himself, seem reasonable to his Majesty, his Majesty considering his own charge much less than the damage and pressures which may thereby besal his good Subjects; the preserving them from which, is his Majesty's most sollicitous and earnest Desire. And we cannot but wonder, that your Lordships should conceive any Expressions made by us, concerning the Prosecution of that War of Ireland, to be unagreeable to the Zeal of Persons abundandly sensible of the Blood and Hoppor of that Rebellion; we agree with you, they have broken the Laws of God and Man, their Faith, their Allegiance, the Bonds of Charity, Rules of Humanity, and Humane Society, and we heartily wish that it were in his Majesty's Power to do Justice upon, and make up those Breaches of all those Rules and Bonds; and to that purpose we have desired to be satisfide by your Lordships what probable Course may be taken for the remedying those Mischiefs, and preserving the remainder of his Majesty's good Protestant Subjects; but without doubt the prosecution of that War so much depends upon the Condition and Distractions of his Majesty's other Kingdoms, that the Information your Lordships give us, of the Negotiation with Spain, and other States, for delivering up that kingdom from his Majesty's Obedience, into the Hands of Strangers, deserve the Relief of the third, whilst these Distractions are in their own Bowels, and the continuance of the Miseries in the two, must render those in the third remediless, if it be not preserved by some other means, than the Prosecution of the War; neither can it be foreseen or determin'd, what Help or Assistance either Party may make use of, where it finds it self oppressed, and over-power'd by the other, especially when it calls in any help, and leaves no means unattempted to destroy the other. And we beseech your Lordships, in the Bowels of Christian Charity and Compassion and in the Name of him, who is the Prince of Peace, and who will make an Inquisition for Blood, to consider, whether all our endeavours ought not to be, to stop these bloody Issues in all his Majesty's Dominions; and whether the just God of Heaven, who for our Sins, hath made the several Nations, under his Majesty's Government, to be scourges of one another, and of his Majesty himself, under whose Obedience they should all live, can be delighted with the sacrifice of Blood and the Blood of Christians; and whether it would not be more agreeable to our Christian Profession, to endeavour the binding up of those Wounds, which Interests, Passion, and Animosity have made. We desire your Lordships to consider these things and to make such Propositions to us concerning Ireland (since it is apparent that those already made by you, are by no means fit to be consented to) as may be for the Growth and Propagation of the true Protestant Religion, the Peace and Happiness of that Kingdom, and the Welfare of all his Majesty's Dominions.

The last of the Six Days concerning Ireland being now spent, being the last of the Eighteen appointed to Treat upon Religion, Militia and Ireland, by three Days a-piece, Alternis Vicibus, according to the Order formerly proposed, the two remaining Days were employed for the most part concerning Religion, but towards the end of these two Days, being the last of the Treaty (about Twelve of the Clock at Night) they delivered in these two following Papers concerning Ireland, in answer to the two last Papers.

Their Paper, 22 Feb.

CLXXVII.

'We are very sorry that your Lordships should continue in that Opinion, That it was necessary to make the Cessation in Ireland, when by undeniable Proofs, and Consideration of all Circumstances it is most clear, that the Necessities alledged for Grounds of that Cessation, were made by Design of the Popish and Prelatical Party in England and Ireland, who so wickedly contrived the same, that the Provisions sent thither by the Parliament, for Relief of his Majesty's good Subjects in Ireland were disposed of, and afforded to the Rebels there in their greatest Wants, and then when your Lordships affirm the Protestants to be in so great Extremity, and even at that Time also, when the Officers of our Army and Garrisons pressing for Leave to march into the Enemy's Country to live upon them and save their own Stores, some who were driven forth had great Quantities of Provisions out with them, yet were not permitted to march into the Enemy's Country, but kept near Dublin, until their Provisions were spent, and then commanded back again; others could not obtain Leave to go forth, but were commanded to stay at home, that their own Provisions might be the sooner consumed, and thereby the Necessity made greater. Notwithstanding, by the Care of both Houses of Parliament here for their Supply they were able to subsist, and did subsist at the Time that Cessation, although the making thereof reduced them to far greater Necessities than otherwise they could have suffered, besides the notorious Advantage thereby to the Rebels, when their Wants and Extremities were most pressing. And we should not again have troubled your Lordships with these Answers, had they not been caused by your own Repetition of the Letters, of part whereof you have given us Copies, though not the Knowledge of the Persons from whom they came, only you are pleased to mention the Lords Justices and Council there; yet we are assured, even by some who were of the Council at that Time when the Letters were written, that the same was done only to press for Supplies from hence, without the least Intention in them, of inducing a Cessation, neither do the Copies contain any thing tending to a Cessation, or the least mention thereof; and we have Cause to grieve, not only at what your Lordships express concerning the Complaints from Ireland, and their great Extremities, but that the same being procured and increased by the Popish Party, yet we should find such earnest Endeavours to lay the Blame and Neglect therein upon the two Houses of Parliament here, who have been so zealous for their Relief, and whose only Care (under the Blessing of God) hath been their preservation, and that in the Heat of our own miserable Distractions have continued their Supplies, and from our own great Want, have not spared to afford our Brethren there the Means of their Subsistance.

'The Protestants in Munster, Connaught and Ulster, who opposed this Cessation, were many of them English, and both they and the Scots suffering under as great Wants and Failure of Supplies, as the Protestants in other Places and in no better posture of their Defence; notwith standing, in a true Sense of their own Duty and Conscience, they have opposed, and still do oppose, the same, neither were the English there neglected, as your Lordships have been misinformed, by such who labour to destroy both Nations, and as a Means thereto to divide them.

'Besides the Goods seized near Coventry, we have mentioned other Particulars asserted to be seized, not without his Majesty's own Knowledge and Direction, as we are informed, and are most unwilling to believe; neither do we understand it to be an Excuse for seizing some Goods, to say that his Majesty did forbear to seize others in his Power, but when his Majesty shall rightly ponder the Horridness of that Rebellion, we hope those wicked Instruments who contrived, and do support the same, will have no Power to alter his Majesty's tender Sense of the Miseries of his Protestant Subjects in that Kingdom, not at all to lessen his Piety and gracious Care for quenching the Flames of that unhappy Rebellion.

'We do again affirm unto your Lordships the Truth of what we said before concerning the Supplies of Ireland by the two Houses; and it seems strange, that what hath been lately sent, should not be looked upon, as a Support of the War against the Rebels, by which only the Protestants were enabled to desend themselves, and to insest their Enemies: Nor can we imagine any other Means as a Support of that just War, being most affured, that if this had not been done, the Rebels must certainly have prevailed, and the Remnant of his Majesty's good Subjects of that Kingdom have perished.

'Your Lordships are pleased to remember some Monies by us employed, particularly One hundred thousand Pounds, which was raised for Ireland, and all which hath been re-satisfied with Advantage; and we must as often as you are pleased to repeat it, refer your Lordships to our former just and clear Answers concerning the same, and the like for the Forces under the Command of the Lord Wharton; and we believe what your Lordships express, concerning the Forces brought hither to his Majesty out of Ireland after the Cessation, it being one End for which the Cessation was made, that those Forces might be employed against the two Houses of Parliament here; and those Scottish Forces which came over were not sent for.

'We know of no Persons who have returned into Ireland since the Cessation, except such as were Agents for the procuring thereof, and divers principal Rebels who presumed to address themselves unto his Majesty at Oxford, and were there countenanced.

'It is probable, that some might endeavour to alienate the Hearts of the Officers of the Army there from the two Houses, whereby their Service against the Rebels might be interrupted.

'To that Particular of the Subscriptions of the Officers, and of the Committee sent into Ireland, and of the Diversions of Monies alledged, and of the Copies of Letters given us by your Lordships without the Names of those who subscribed them: We have already given your Lordships a full and clear Answer, but have not received Satisfaction concerning the Denial of the Lord Wharton's Commission, whereby the Service of that Kingdom was much prejudiced.

'It is so far from being made appear that his Majesty's English Protestant Subjects in Ireland, could not subsist without a Cessation, that the contrary is undeniable, and that his Majesty's Protestant Subjects there, both English and Scottish, who have opposed that Cessation, have subsisted and do still subsist, and we are sorry to find any Inclination to continue that Cessation, which whensoever made, will be esteemed by all good Protestants a countenancing of that bloody Rebellion.

'We do insist upon our former Demands concerning Ireland, and doubt not but those being granted, notwithstanding our present miserable Distractions here, we shall (by the Blessing of God) bring those bloody Rebels to a speedy and just Punishment, and settle that unhappy Kingdom in their due Obedience to his Majesty, and the Crown of England.

Their other Paper, 22 Feb.

CLXXVIII.

It is not possible for us to give a more clear Answer than we have done, to shew that there can no such Inconvenience follow, upon consirming the Ordinance of the 11th of April, by Act of Parliament, as your Lordships do imagine, it being desired that the Treaty of the 6th of August, be in like Manner consirmed; by which the Commanders of the Scottish Forces in Ireland, are to be answerable to his Majesty and the two Houses of Parliament of England, for their whole Deportment and Proceeding there; and it being desired by the Thirteenth Proposition, that the Prosecutions of the War of Ireland, should be settled in both Houses of Parliament; all which taken together, it cannot follow, that upon any Disagreement between the Committees there, the Earl of Leven may carry on the War according to his own Discretion; as for our Expression (when there shall be a Lieutenant in Ireland) which was used in Answer to your Lordships Second Paper of the 20th of February, it was to satisfy your Lordships, that there could be no intersering between the Powers of the Lord Lieutenant, and the Earl of Leven, and still we say when there shall be a Lord Lieutenant chosen, as is expressed in our 20th Proposition, (for we do not admit the Marquess of Ormond to be so) the Commander in Chief of the Scottish Army, is to receive Instructions from him in such manner as we have laid it down, in that Answer of ours to your Lordships Paper abovementioned, which will, we hope, satisfy your Lordships other Objection, that this is not to deliver over the whole Kingdom of Ireland into the Hands of his Majesty's Subjects of the Kingdom of Scotland, seeing such of that Nation as are there employed, are to be subordinate to the Committee of both Kingdoms, and in case of Disagreement, an Appeal lies to the two Houses of the Parliament of England, in whom the Power of Prosecuting the War is to be settled. And we must insist to desire that the Lord Lieutenant, and the Judges in that Kingdom, may be nominated by the two Houses of Parliament who have by sad experience (to the greatest Cost of this Kingdom, Expence of so much Treasure and Blood, the loss of many thousand lives there, and almost of that whole Kingdom from his Majesty's Obedience, and an inestimable prejudice to the true Protestant Religion,) found the ill consequence of a bad choice of Persons for those great Places of Trust Therefore for his Majesty's Honour, the good of his Service, the great advantage it will be to the rest of his Majesty's Dominions, the great comfort to all good Christians, and even an acceptable service to God himself, for the attaining of so much Good, and the preventing of so much Evil, they desire to have the Nomination of those great Officers, that by a prudent and careful Election they may by providing for the good of that now miserable Kingdom discharge their Duty to God, the King, and their Country. And certainly if it be necessary to reduce that Kingdom, and that the Parliament of England be a faithful Councel to his Majesty, and fit to be trusted with the prosecution of that War, (which his Majesty was once pleased to put into their Hands, and they faithfully discharged their part in it, notwith standing many practices to obstruct their Proceedings, as is set forth in several Declarations of Parliament) then we say your Lordships need not think it unreasonable that his Majesty should engage himself to pass such Acts as shall be presented to him, for raising Monies, and other Necessaries, for that War, for if the War be necessary (as never War was more) that which is necessary for the maintaining of it must be had, and the Parliament that doth undertake and mannage it, must needs know what will be necessary, and the People of England, who have trusted them with their Purse, will never begrudge, what they make them lay out upon that Occasion, nor need his Majesty fear the Parliament will press more upon the Subjects than is fit in Proportion to the Occasion: It is true, that heretofore Persons about his Majesty have endeavoured and prevailed too much, in possessing him against the Parliament for not giving away the Money of the Subject, when his Majesty had desired it. But never yet did his Majesty restrain them from it, and we hope it will not be thought that this is a fit Occasion to begin; we are very glad to find that your Lordships are so sensible in your Expressions of the Blood and Horror of that Rebellion, and it is without all Question, in his Majesty's Power to do Justice upon it, if your Lordships be willing that the Cessation and all Treaties with those Bloody and Unnatural Rebels be made void, and that the Prosecution of the War be settled in the two Houses of the Parliament of England, to be managed by the joint advice of both Kingdoms, and the King to assist, and to do no Act to discountenance or molest them therein: This we dare affirm to be more than a probable course for the remedying those Mischiefs, and the preserving the remainder of his Majesty's good Subjects there. We cannot believe your Lordships will think it fit, there can be any Agreement of Peace, any respit from Hostility with such Creatures, as are not fit to live no more than with Wolves or Tygers, or ravenous Beasts, Destroyers of Mankind. And we beseech you do not think it must depend upon the Condition of his Majesty's other Kingdoms, to revenge or not revenge God's Quarrel upon such persidious Enemies to the Gospel of Christ, who have imbrued their Hands in so much Protestant Blood, but consider the Cessation that is made with them, is for their Advantage, and rather a Protection than a Cessation of Acts of Hostility, as if it had been all of their own contriving; Arms, Ammunition, and all manner of Commodities may be brought unto them, and they may furnish themselves, during this Cessation, and be assisted and protected in so doing, that afterwards they may the better destroy the small remainder of his Majesty's Protestant Subjects. We beseech your Lordships, in the Bowels of Christian Charity, and Compassion to so many poor Souls, who must perish, if the strength of that raging Adversary be not broken, and in the Name of him who is the Prince of Peace, who hates to be at Peace with such shedders of Blood, give not your Consents to the continuation of this Cessation of War in Ireland, and less to the making of any Peace there, till Justice have been fully executed upon the Actors of that accursed Rebellion. Let not the Judgment of War within this Kingdom, which God hath laid upon us for our Sins, be encreased by so great a Sin, as any Peace or Friendship with them whatsoever becomes of us, if we must perish, yet let us go to our Graves with that Comfort, that we have not made Peace with the Enemies of Christ, yea, even Enemies of Manking, declared and unreconciled Enemies to our Religion and Nation: Let not cur War be a hindrance to that War, that we are sure that Peace will be a hindrance to our Peace: We desire War there, as much as we do Peace here, for both we are willing to lay out our Estates, our Lives, and all that is dear unto us in this World; and we have made Propositions unto your Lordships for both, if you were pleased to agree unto them: We can but look up to God Almighty, beseech him to encline your Hearts, and cast our selves on him, wait his good Time for the return of our Prayers in settling a safe and happy Peace here, and giving Success to our Endeavours in the Prosecution of the War of Ireland.

It hath been used by the Commissioners, during the Treaty, that when Papers were delivered in of such length, and so late at Night, that present particular Answer could not be given, by Agreement between themselves, to accept the Answers the next Day, dated as of the Day before, although they were Treating of another Subject; and these two last Papers concerning Ireland being of such great length, and delivered about Twelve of the Clock at Night, when the Treaty in Time was expiring, so as no Answer could be given without such Consent and Agreement, therefore the King's Commissioners delivered in this Paper.

22 February.

CLXXIX.

Your Lordships cannot expect a particular Answer from us this Night, to the two long Papers concerning Ireland, delivered to us by your Lordships, about Twelve of the Clock this Night; but since there are many Particulars in those Papers, to which, if they had been before mentioned, we could have given your Lordships full Satisfaction. And for that we presume your Lordships are very willing to be satisfied in those Particulars, which so highly reflect upon his Majesty, we desire your Lordships to receive the Answers which we shall prepare to those Papers, in the Evening to Morrow, dated as of this Night, and we doubt not to give your Lordships clear Satisfaction therein.

This Desire was not granted, nor any Paper delivered in Answer to it, but soon after the Treaty broke off.

During the Twenty days Treaty upon Religion, Militia, and Ireland, the particular Passages whereof are before expressed, some other Passages did occur, concerning his Majesty's Propositions, and particularly for a (fn. 6) Cessation, and touching his Majesty's return to Westminster after Disbanding of Armies, and further time for continuing or renewing the Treaty, which do here follow. And first touching his Majesty's Propositions, the King's Commissioners delivered in this Paper the second Day of the Treaty.

1 February

CLXXX.; See his Majesty's Propositions No. S and the Letter from the Earl of Essex, No. 9. that their Commissioners should have Instructions to Treat upon them.

We desire to know, whether your Lordships have any Instructions concerning his Majesty's Propositions, for settling a safe and well grounded Peace; and if you have any touching the same, we desire to have a sight of them.

Their Answer, 1 Feb.

CLXXXI.

We have not yet received Instructions concerning his Majesty's Propositions, and shall therefore acquaint the Lords and Commons Assembled in the Parliament of England, with the Desires expressed in that Paper, who having taken those Instructions into their Consideration, before our coming from them, will send them to us in Time convenient.

After, upon the 3d of February, his Majesty's Commissioners delivered this Paper, concerning his Majesty's Sixth Proposition, for a Cessation of Arms.

3 Feb.

CLXXXII.

We desire to know, whether your Lordships have received any Instructions concerning that Proposition of his Majesty's for a Cessation; and if your Lordships have not received any, that you will endeavour to procure Authority to Treat thereupon, which we have Power to do, and conceive it very necessary, that during the Time we are endeavouring to establish a blessed and happy Peace, the Issues of Blood may be stopped in this miserable Kingdom, and his Majesty's oppressed and languishing Subjects, have some Earnest and Prospect of the Peace we are endeavouring, by God's Blessing, to procure for them.

To this no particular Answer was given.

The King's Commissioners Paper, 10 Feb.

CLXXXIII.

Having now spent three Days severally, upon each of your Lordships three Propositions concerning Religion, the Militia, and Ireland, we desire to know whether your Lordships have received any Instructions concerning his Majesty's Propositions, that we may prepare our selves to Treat upon them, when your Lordships shall think fit.

Their Answer, 11 Feb.

CLXXXIV.

We have received Instructions concerning his Majesty's Propositions, and when the Houses of Parliament shall be satisfied, in the good Progress of the Treaty upon their Propositions concerning Religion, the Militia and Ireland, they will give Time for the Treaty upon those Propositions sent by his Majesty.

But there was not any Time given to Treat upon his Majesty's Propositions.

Touching farther Time for continuing or reviving the Treaty; and his Majesty's return to Westminster, after Disbanding, these Papers were delivered,

The King's Commissioners Paper, 14 February.

CLXXXV.

We have this Day received Directions from his Majesty, to move your Lordships, that you will endeavour to procure an Addition of Time for this Treaty, after the Expiration of the Days limited for the fame, upon the Reasons mentioned in his Majesty's Letter, which Letter we herewith deliver to your Lordships.

The Letter mentioned in the last Paper, from his Majesty to his Commissioners, is this:

CLXXXVI.

Right, Trusty, &c. having received from you a particular Account of your Proceedings in the Treaty, and observing thereby how impossible it is, within the Days limited, to give such full Answers to the three Propositions you are now upon, as you might, if upon Consideration had of the rest of the Propositions, you could clearly fee what Fruit such Answers will produce in order to a blessed Peace, for the present and the future Good and Happiness of this Kingdom: We have thought it sit to advise you, That you propose and desire of the Commissioners with whom you Treat, that they will procure such farther Time to be allowed, after the Expiration of the Twenty Days, as may be sufficient for you, upon a full understanding one of another upon the whole, to make such a Conclusion that all our Subjects may reap the Benefit good Men pray for, Deliverance from these Bloody Distractions, and be united in Peace and Charity; and if you think fit, you may communicate this our Letter to them. And so we bid you heartily farewell. Given at our Court at Oxford, 13 Feb. 1644.

By His Majesty's Command,
GEORGEDIGBY.

To our Right Trusty, &c. the Lords and others Our Commissioners for the Treaty at Uxbridge.

Their Answer, 14 Feb.

CLXXXVII.

Concerning the Paper delivered by your Lordships for Addition of Time for the Treaty, we can give no other Answer, than that we will send Copies of his Majesty's Letter, and of the Paper, unto the Houses of Parliament, and after Signification of their Pleasure, we will give further Answer.

Afterwards, on the 18th of Feb. they delivered this Paper.

18 February.

CLXXXVIII

Your Lordships may please to take notice, that in the Twenty Days appointed to Treat upon the Propositions concerning Religion, the Militia and Ireland, the first Thursday and three Sundays, are not to be included.

The King's Commissioners Paper, 20 Feb.

CLXXXIX.

By our Paper delivered to your Lordships the 14th of this Month, we moved your Lordships to endeavour an Addition of Time for this Treaty, after the Expiration of the Days limited for the same, upon the Reasons mentioned in his Majesty's Letter, which Letter we then delivered to your Lordships; whereunto your Lordships then returned Answer, That you would send Copies of his Majesty's Letter, and of our Paper to the Houses of Parliament, and after Signification of their Pleasure your would give far their Answer: We now desire to know, whether there may be an Addition of Time for this Treaty, after the Expiration of the Days limited for the same, upon the Reasons mentioned in his Majesty's said Letter, and what Time may be added.

Their Answer, 20 Feb.

CXC.

Your Lordships Paper of the 14th of this Month, for an Addition of Time for this Treaty, together with his Majesty's Letter concerning the same, were sent by us to the Houses of Parliament, who ( (fn. 7) as we have already acquainted your Lordships) have declared, That if they shall be satisfied in the good Progress of the Treaty upon the Propositions concerning Religion, the Militia, and Ireland, will give Time for the Treaty upon the Propositions by his Majesty, but farther than this have not, as yet, signified their Pleasure unto us.

The King's Commissioners Paper, 20 Feb.

CXCI.

Having now spent Eighteen Days with your Lordships, in the Treaty upon Religion, the Militia, and Ireland, and besides the present Satisfaction we have given your Lordships in those Particulars, we having offered that further Consideration and Order be taken therein by his Majesty; and the two Houses of Parliament; and your Lordships having proposed many important things in the said several Particulars to be framed, settled and disposed by the two Houses, before a full Agreement can be established, we propose to your Lordships, whether the two Days remaining may not be best spent towards the satisfying your Lordships in those Three Propositions, and the procuring a speedy blessed Peace, upon finding out some Expedient for his Majesty's repair to Westminster, that so all Differences may be composed, and this poor Kingdom be restored to its ancient Happiness and Security; and to that purpose, if your Lordships shall think fit, we are willing to Treat with your Lordships concerning the best Means whereby (all Armies being first disbanded) his Majesty may, with Honour, Freedom and Safety, be present with his two Houses of Parliament at Westminster: To which two Particulars, that is, first, concerning the disbanding all Armies, and then for his Majesty's speedy repair and residing at Westminster, with Honour, Freedom and Safety, we shall (if your Lordships think fit) apply our selves, and accordingly to morrow, will be ready to deliver to your Lordships some Propositions upon that Subject; and if your Lordships shall concur with us herein, we hope it will be a good Inducement to procure an Addition of Time to this Treaty, according to his Majesty's Proposition in his late Letter to us, which we delivered to your Lordships.

Their Paper, 20 Feb.

CXCII.

We shall, according to mutual Agreement between his Majesty and the two Houses of the Parliament of England, and the Commissioners for the Parliament of Scotland, Treat these two remaining Days upon the three Propositions, for Religion the Militia and Ireland, and shall be glad to receive Satisfaction in them from your Lordships, as the best Expedient for procuring a speedy and blessed Peace, that the Armies may be disbanded, and the Happiness of his Majesty's Presence may again be enjoyed by those who have nothing more in their Prayers and Endeavours, than by his Majesty's Conjunction with his Parliament to see all these sad Differences composed, and these distracted Kingdoms restored to their ancient Happiness and Security: Accordingly we shall be ready to begin again to-morrow upon the Propositions for Religion, and receive what your Lordships will propose, and being satisfied upon that and the other two Propositions, we are confident we shall have further Time given us to Treat upon such other Particulars, as shall be necessary for the attaining of those Ends we all desire.

There was no other Answer given concerning his Majesty's Commissioners desire to Treat touching his return to Westminster, and disbanding Armies, whereupon his Majesty's Commissioners delivered this Paper:

20 Feb.

CXCIII.

We conceive that the Reasons why your Lordships do not give us any Answer to our Paper, concerning the Treating for the disbanding all Armies, and for his Majesty's coming to Westminster, may be because you have no Authority by your Instructions so to do, though we proposed the same to your Lordships, and do still conceive it most conducing to the Conclusion of the Propositions upon Religion, the Militia, and Ireland, upon which we have Treated. And we therefore desire your Lordships, that you will endeavour to have your Instructions so enlarged, that we may Treat upon so important and necessary an Expedient for the Publick Peace. In the mean time we shall be ready to receive whatsoever your Lordships please to propose in the business of Religion, presuming, that if your Lordships are not satisfied with our Answer therein, in which we have applied Remedies to whatsoever hath ever been complained of as a Grievance in the present Government of the Church, that your Lordships will make it appear (fn. 8) that the Government by Bishops is unlawful; or that the Government you intend to introduce in the room thereof, is the only Government that is agreeable to the Word of God; either of which being made evident to us, we shall immediately give your Lordships full Satisfaction in that you propose.

The King's Commissioners Paper, 22 Feb.

CXCIV.

By our Paper delivered to your Lordships February I, we did desire to know, whether your Lordships have any Instructions concerning his Majesty's Propositions for settling a safe and well-grounded Peace; and by our Paper of Feb. 3. we did desire to know, whether your Lordships had received any Instructions concerning that Proposition of his Majesty for a Cessation; and if your Lordships had not received any, that you would endeavour to procure Authority to Treat thereupon. And by our Paper of the 10th of Feb. we did desire to know whether your Lordships had received any Instructions concerning his Majesty's Propositions, that we might prepare our selves to Treat upon them, when your Lordships should think fit; and by our Paper delivered to your Lordships, Feb. 14, we moved your Lordships upon Directions received from his Majesty, that you would endeavour to procure an Addition of Time for this Treaty, after the Expiration of the Days limited for the same, upon the Reasons mentioned in his Majesty's Letter, which Letter we then delivered to your Lordships; and by our Paper delivered to your Lordships the 20th of this Month, we moved your Lordships to endeavour an Addition of Time for this Treaty, after the Expiration of the Days limited for the same, upon the Reasons mentioned in his Majesty's said Letter, to which we have not yet received full Answer, nor have we yet had any notice from your Lordships, whether the two Houses of Parliament have given any further Time for this Treaty; and having hitherto, according to the Order prescribed us, Treated only upon the three first Heads of Religion, the Militia, and Ireland, and the Twenty Days expiring this Day, we again desire to know, whether there is any Addition of Time granted for this Treaty, our Safe Conduct being but for two Days longer.

Their Answer, 22 February.

CXCV.

Your Lordships Papers of the First, Third and Tenth of Feb. whether we had any Instructions concerning his Majesty's Propositions and Power to Treat for a Cessation, as also your Papers of the 14th and 20th of Feb. concerning his Majesty's Letter for an Addition of Time to this Treaty, with your Lordships Desire thereupon, have been by us sent up to both Houses of Parliament from time to time, as we received them, together with our Answer given to them; and in our Answers we have from time to time declared to your Lordships, that when the Houses shall be satisfied in the good Progress of the Treaty, upon their Propositions concerning Religion, the Militia, and Ireland, they will give an Addition of Time for the Treaty: And we do conceive, that if your Lordships Answers to our Demands concerning Religion, the Militia, and Ireland, had been such as to have given Satisfaction in the good Progress of this Treaty, mutually consented for Twenty Days upon the said Propositions, we should have before this been enabled with Power to continue the Treaty, as well upon his Majesty's as the rest of the Propositions. But your Lordships having not given full and satisfactory Answers concerning Religion, the Militia, and Ireland, you cannot, for the Reasons above-mentioned, expect an Addition of Time; neither have we received any Instructions to continue this Treaty longer than the Twenty Days, of which this is the last: And as for your Lordships safe Conduct, we conceive the Three Sundays last past being not accounted any Days of the Treaty, so this next Sunday is not to be esteemed one of the two Days allowed after the Treaty in your Lordships Safe Conduct, but your Lordships are to have two Days besides this next Lord's Day.

The King's Commissioners Reply, 22 February.

CXCVI.

We cannot express the great Sadness of our Hearts, that all our earnest Endeavours to give your Lordships Satisfaction in all Particulars of this Treaty, have produced no better Effects towards a blessed Peace, which his Majesty, and we who are trusted by him, do so heartily pray for, and that so many and great Offers made by us to your Lordships, in the Particulars we have Treated upon, should not be thought a good Progress on our Part in the said Treaty, as we find by your Lordships last Paper (to our great Grief) they are not; and therefore that this must be the last Day of the Treaty, we desire your Lordships to consider, that we being intrusted by his Majesty to Treat with your Lordships for a safe and well grounded Peace, have, upon the Matter of your Lordships Propositions, consented to so many Particulars and Alterations of very great Importance, and that your Lordships, who were to Treat with us, have not abated one Title of the most severe and rigorous of your Propositions, saving what you were pleased the last Night to propose in the point of Time concerning the Militia, which tho' it seems to be limited to seven Years, in truth leaves it as unlimited as it was before in your Propositions, for at the end of seven Years it must not be exercised otherwise than shall be settled by his Majesty and the two Houses of Parliament, so that all the legal Power now in his Majesty is taken away, and not restored after the seven Years expired. Neither is there a full Consent to that Limitation offered by your Lordships the Commissioners of the Parliament of Scotland: Nor have your Lordships offered to us any Prospect towards Peace, other than by submitting totally to those Propositions, the which if we should do, we should consent to such Alterations, as by Constructions and Consequences may dissolve the whole Frame of the present Government, both Ecclesiastical and Civil in this Kingdom. And though the Particulars proposed by your Lordships, have by Debate appeared, not only evidently unreasonable, but, literally considered, to comprehend things, to be extended, to Powers not intended by your selves, yet your Lordships have not been pleased, either to restrain or intercept any Particular in any other Manner than is set forth in the said Propositions.

In the matter of Religion, we have offered all such Alterations, as we conceive may give Satisfaction to any Objections that have been, or can be made, against that Government, and have given your Lordships Reasons, not only why we cannot consent to your Lordships Propositions, but that even those Propositions, it consented to, could not be in order to a Reformation, or to the procuring the Publick Peace. And we must desire your Lordships to remember, that though you do not only in your Covenant (which you require may be taken by his Majesty, and enjoined to be taken by all his Subjects) undertake the Reformation in point of Government, but even in point of Doctrine too, thereby laying an Imputation upon the Religion it self, so long professed in this Kingdom with the general Approbation of all Reformed Churches; yet your Lordships have not given us the least Argument, nor so much as intimated in your Debate, the least Prejudice to the Doctrine of the Church of England, against which we presume you cannot make any colourable Objection; nor have you given us the View in particular, of the Government you desire should be submitted to, in the place of that you propose to be abolished; and therefore we propose to your Lordships, if the Alterations proposed by us, do not give your Lordships Satisfaction, that so great an Alteration as the total Abolition of a Government established by Law, may for the Importance of it, and any Reformation in Doctrine, for the Scandal of it, be suspended, till after the disbanding of all Armies, his Majesty may be present with the two Houses of Parliament, and calling a National Synod, may receive such Advice both from the one and the other, as in a matter of so high Concernment is necessary; And we are most confident that his Majesty will then follow the Advice which shall be given him. And as any Reformation thus regularly and calmly made, must needs prove for the singular Benefit and Honour of the Kingdom; so we must appeal to your Lordships, whether the contrary, that is, an Alteration even to things though in themselves good, can, by the Principles of Christian Religion, be enforced upon the King or Kingdom?

In the Business of the Militia, though your Lordships do not deny that the Jealousies and Apprehensions of Danger are mutual, and that the chief End of depositing the Militia in the Hands of certain Persons, is for Security against those Jealousies and possible Dangers, yet your Lordships insist, that all those Persons to be entrusted, shall be nominated by the two Houses of Parliament of England, and the Estates of the Parliament of Scotland, and that the Time for that great General, and unheard of Trust, shall be in such Manner, that though it seem to be limited to Seven Years, yet in truth by declaring, that after those Seven Years it shall not be otherwise exercised than his Majesty and the two houses of Parliament shall agree, and his Majesty may thereby be totally and for ever divested of the Power of the Sword, without which he can neither defend himself against Foreign Invasions, or Domestick Insurrections, or execute his Kingly Office in the behalf of his Subjects to whom he is sworn to give Protection: And to both these your Lordships add the introducing a Neighbour-Nation, governed by distinct and different Laws (tho' united under one Sovereign) to a great Share in the Government of this Kingdom: Instead of consenting to these Changes, we have offered and proposed to your Lordships, that the Persons to be trusted with the Militia of the Kingdom, may be nominated between us; or if that were refused, that an equal Number shall be named by you, and the other Number by his Majesty, and that half the Forts and Places of Strength within the Kingdom, shall be in the Custody of those whom you think fit to be trusted therewith, and the other half in such Hands as his Majesty please to commit the same to: And all Persons, as well those nominated by your Lordships, as by his Majesty, to take an Oath for the due Discharge of the said Trust, which being considered as the Security is mutual, so neither Part can be supposed to violate the Agreement, without very evident Inconvenience and Danger to that Part who shall so violate it, the whole Kingdom being likely, and indeed obliged to look upon whosoever shall in the least degree violate this Agreement, as the Authors of all the Miseries which the Kingdom shall thereby suffer. And as it is most reasonable, that for this Security, his Majesty should part with so much of his own Power as may make him even unable to break the Agreement, which should be now made by him and on his Part, so it is most necessary, that all Apprehension and Danger of such Breach being over, that Sovereign Power of the Militia should revert into the proper Channel, and be as it hath always been in his Majesty's proper and peculiar Charge: And therefore we have proposed that the Time limited for that Trust, should be for Three Years, which by the Blessing of God, will produce a perfect Understanding between his Majesty and all his People; and if there should be any thing else necessary to be done in this Argument, either for Power or Time, that the same be considered after the Settlement of Peace in Parliament; but whatever is now or hereafter shall be thought necessary to be done, we desire may be so settled, that this Kingdom may depend upon itself, and not be subject to the Laws or Advice of Scotland as we think fit that Scotland should not receive Rules or Advice from this, having offered the like for Scotland as for England.

In the Business of Ireland, your Lordships propose not only, that his Majesty disclaim and make void the Cessation, made by his Royal Authority, and at the Desires of the Lords Justices, and Council of that Kingdom, and for the Preservation of the remainder of his poor Protestant Subjects there, who were in evident Danger of Destruction, both by Famine and the Sword, but also to put the whole Managery of that War and Disposal of the Forces within that Kingdom, and consequently the Government of that Kingdom into the Hands of the Scots General, to be managed by the Advice of a joint Committee of both Kingdoms, wherein each should have a Negative Voice; In answer to which, we have acquainted your Lordships with the just Grounds of his Majesty's Proceedings in the Business of Ireland, which we are confident, being weighed without Prejudice, may satisfy all Men of his Majesty's Piety and Justice therein; And we are very ready and desirous to join with your Lordships in any Course which may probably preserve and restore that miserable Kingdom.

Having put your Lordships in mind of these Particulars, as they have a general Reference to the Publick Good of the Kingdoms, we beseech your Lordships to consider, that we have this great Trust reposed in us by his Majesty, and to remember how far these Propositions trench upon his peculiar Kingly Rights, without any, or any considerable Recompence or Compensation.

In the Business of Religion, your Lordships propose the taking away his whole Ecclesiastical Jurisdiction, his Donations, and Temporalities of Bishopricks, his First-Fruits and Tenths of Bishops, Deans and Chapters, instead whereof your Lordships do not offer to constitute the least Dependance of the Clergy upon his Majesty; and for that so inconsiderable a part of his Revenue, you propose only the Bishops Lands to be settled on his Majesty, (reserving a Power to dispose even those Lands as you shall think fit) whereas all the Lands both of Bishops, Deans and Chapters (if those Corporations must be dissolved) do undoubtedly belong to his Majesty in his own Right.

In the Business of the Militia, as it is proposed, his Majesty is so totally divested of the Regal Power of the Sword, that he shall be no more able, either to assist any of his Allies with Aid, though Men were willing to engage themselves voluntarily in that Service, or to defend his own Dominions from Rebellion or Invasion, and consequently the whole Power of Peace and War (the acknowledged and undoubted Right of the Crown) is taken from him.

In the Business of Ireland, the Power of nominating his Lieutenant, or Deputy, and other Officers there, of managing, directing, or in the least manner of meddling in that War, or of making a Peace, is proposed to be taken from him; and to add to all these Attempts upon his Kingly Rights, it is proposed to bereave him of the Power of a Father, in the Education and Marriage of his own Children, and of a Master, in the rewarding his own Servants: And therefore we refer it to your Lordships, whether it be possible for us, with a good Conscience, and discharge of the Trust reposed in us, to consent to the Propositions made to us by your Lordships? Lastly, we must observe to your Lordships, That after a War of near four Years, for which the Defence of the Protestant Religion, the Liberty and Property of the Subject, and the Privileges of Parliament were made the Cause and Grounds, in a Treaty of Twenty Days, nor indeed in the whole Propositions upon which the Treaty should be, there hath been nothing offered to be Treated concerning the breach of any Law, or of the Liberty of Property of the Subject, or priviledge of Parliament; but not only Propositions for the altering a Government Established by Law, and for the making new Laws, by which almost all the old are, or may be cancelled; and there hath been nothing insisted on of our Part which was not Law, or denied by us, that you have demanded, as due by Law.

All these Things being consider'd and being much afflicted that our great Hope and Expectation of a Peace, is for the present frustrated by your Lordships (fn. 9) Declaration, that no more Time will be allowed for this Treaty, we are earnest Suitors to your Lordships, that you will interpose with the two Houses, to whom we believe you have transmitted the Answers delivered by us to your Lordships upon Religion, the Militia, and Ireland, that this Treaty, though for the present discontinued may be revived; and the whole matter of their Propositions, and those sent to them by his Majesty, which have not yet been Treated on, maybe considered; and that depending that Treaty, to the end we may not Treat in Blood, there may be a Cessation of Arms, and that the poor People of this Kingdom, now exposed to Plunderings and Spoils, and other direful Effects of War, may have some earnest of a blessed Peace. And because this Treaty is now expiring, if your Lordships cannot give a present Resolution, we desire when you have represented this to the two Houses, his Majesty may speedily receive their Answer.

Their Answer, 22. Feb.

CXCCII.

We conceive your Lordships cannot in Reason expect an Answer to the long Paper delivered to us very late this Night at the close of the Treaty, a thing of many Days Labour, which we apprehend to be rather a Declaration upon the Treaty, than any Part thereof, and we could not imagin would be offered, but we cannot forbear, upon the reading thereof, to mention thus much, That it seems by many Particulars in that Declaration, it was resolv'd the Treaty should end with the Twenty Days, the means to continue it being well known to be a good Progress in the Propositions for Religion, the Militia, and Ireland and by what we have received, we cannot find any Satisfaction in these was intended to be agreed unto.

To that, whereby your Lordships ascribe so much to your own Concessions, we shall only say, That for Religion you have granted very little or nothing, but what we have already in Possession of by the Laws of this Kingdom. For the Business of the Militia, your Lordships have not thoughts fit, to consent to any one of our Demands, but in that, as in Religion, have made some new Propositions of your own, which are not in ay Degree sufficient for settling and securing the Peace of the Kingdoms. As for the Propositions for Ireland, your Lordships have been so far from offering a Consent thereto, that you have justified the destructive Cessation there, and strongly implyed and Intention to renew the same, and have not yielded to any part of our Propositions concerning that Kingdom; we shall represent your Lordships Papers to the Parliaments of both Kingdoms, who upon due Consideration thereof, will do what is further necessary for the Good and Peace of his Majesty's Dominons.

Besides these several Desires abovementioned from time to time for Addition, and enlargement of Time, for continuing and prolonging the Treaty, or if discontinued, that it might be revived, and after a Representation to the Houses, their Answer might be sent to his Majesty; in another Paper before, No. 135. upon the Head of the Militia, his Majesty's Commissioners did propose, That if the Treaty did not then continue, it might be adjourned for such Time as they should think fit, and not totally dissolved, but be again resumed; which Paper is not here being inserted, to avoid Repetition, being before upon the Head of the Militia, and to which, as to that Point of Adjournment, no Answer was given.

No Papers were given into their Commissioners, in Answer to the last mention'd Paper, dated 22 Feb. No. 197 which came in about Two of the Clock in the Morning after; nor to that of the same date, No. 135. concerning the Militia, which to came in with it; nor to their two last concerning Ireland of the 22d of Feb. No. 177. and 178. which came in about Twelve of the Clock that Night, all which were of such length, and delivered upon the close of the Treaty, and those which came in about two of the Clock upon the departure of the Commissioners, that it was impossible to give present Answers, nor could any be given after, as part of the Treaty, without Consent, which was requird by his Majesty's Commissioners, but not granted; neither is anything here inserted in answer to those Papers, because by the Agreements between the Commissioners in the beginning of the Treaty, nothing was to be taken as part of the Treaty, but what should be put in Writing. And this Relation is intended only for a Narrative of the Treaty (conformable to the Agreements) without any Observations upon, or Additions to it, other than necessary Introductions, and Transitions for coherence, and more clear Understanding the Passages of the Treaty.

See them in the Narrative. No. 136, 177, & 178.

His Majesty's Answers to certain Papers delivered in to his Commissioners at Uxbridge, upon the close of the Treaty concerning the Militia, and Ireland, &c.

Having received an Account of the Passages of the late Treaty from our Commissioners, we caused a Narrative thereof to be made and published, wherein besides the necessary Connexions there is nothing set down but what passed in Writing; but because their last Paper upon the subject of the Militia, and two last Papers concerning Ireland, were delivered upon the close of that Treaty; although we conceive the Answers given in the Papers formerly delivered by our Commissioners, are abundantly sufficient to give satisfaction to those also: Yet because there may be a want of Memory in some, and of Observation in others, who shall read that Narrative, to bring home and apply the former Answers of our Commissioners to those Papers; and because they seem to expect Answers, which (the Treaty being determin'd) cannot be given by our Commissioners, and to vindicate our Selffrom many Passages scattered in those Papers, particularly reflecting upon our Person, and Royal Authority, We have thought fit, for the further Satisfaction of all our good People, to make these ensuing Answers.

And first to that (fn. 10) Paper concerning the Militia.

Whosoever shall observe the passionate Expressions in the close of this Paper, (wherein they do most earnestly desire our Commissioners, as they tender the deplorable Estate of these bleeding Kingdoms, the settling Religion, our Honour, and the composing these miserable Distractions, to give full and clear Answers to the Demands concerning the Militia) might very well believe, that they who so importunately demanded, would as willingly have received an Answer. But when it shall be considered, that this Paper was not delivered in till after Two of the Clock in the Morning, upon the breaking off the Treaty, when they had denied any further time to Treat, or to receive any Papers dated as within the time of the Treaty, (as formerly was mutually done, and this very Paper of theirs, delivered in truth upon the 23d was received as dated the 22d of February) it will be most apparent they kept it as a reserve to be purposely, and by design delivered so, as it should remain unanswer'd.

For the matter of that Paper, they say, They have by their Answers satisfied the several Questions proposed to them by our Commissioners touching the Militia, It was necessary they should have done so, that it being proposed to Us to part with so great a Trust as the Power of the Sword, and to put it wholly out of our own Hands, we might know how, and to whom, and for what time, and upon what Terms we parted with it. But we will look back upon some of their Answers, that it may appear what they are.

No. 78.

Our Commissioners desir'd to know, who the Commissioners should be in whose Hands the Forces both by Sea and Land should be entrusted, and whether we might except against such Persons, and name others in their Places, of known Affections to Religion and Peace. To that part of the Question, whether we might except against the Persons, they made no Answer; to the other part, requiring who the Commissioners should be, they answered, That the Commissioners were to be named for England by the two Houses, and for Scotland by the Estates of the Parliament there; whereas the Question was not, who should name those Commissioners, but who they were that should be named, a thing most necessary for us to know before we entrusted them with so great Power.

No. 80.; No. 81.

Our Commissioners desired to know, whether the Militia of London should be independent, and not subordinate to those Commissioners; They answered, It appeared by the Propositions the same was to be ordered in such manner as should be agreed on by both Houses. Which was no Answer to the Question, tho' likewise necessary to be known, the Militia of London being so great, and of such Importance.

No. 105, & 107.; No. 106, 107, 112.

Our Commissioners desired to know, what Authority the Commissioners, nominated by the Estates of the Parliament of Scotland, were to have in the Militia, and settling of all Forces by Sea and Land in this Kingdom, and what Influence the Advices and Orders from the Estates of that Parliament, should have upon this Kingdom? They answered, That might be fully satisfyed by the Propositions concerning the Militia. And though our Commissioners desired it, they could get no other Answer from them in Writing.

No. 109.; No. 110.; No. 111.; No. 113, 115

Our Commissioners desired to know, what Jurisdiction they intended the Commissioners of both Kingdoms should have, by the Power given to them to hear and determine all Differences that might occasion the breach of the Articles of the Peace, and by what Law they should proceed to hear and determine the same? They answer'd, That the Commissioners were to proceed in such manner as was expressed in the Propositions Whereas the Propositions express no more than what is contained in the Words of the Question. And being further pressed to an Answer, they answer'd, That the matter of the Jurisdiction of the Commissioners was expressed in the Propositions; and for the manner of exercising of it, and by what Law they should proceed, The same was to be settled by the two Houses of the Parliament of England, and the Estates of the Parliament of Scotland respectively. This being no Answer, and a full and direct Answer being required to these Questions, the Answer given was, That they referred themselves therein to their former Answers.

No. 116; No. 117.

Our Commissioners desired to see the Act of the late Treaty for the settling of the Garrison of Berwick of the 29th of November, 1643. (being made betwixt the two Houses and those of Scotland, without our privity) as relating to the Business of the Militia, They answer'd, It was not then to be Treated on, but was reserved to its proper Time, and our Commissioners could never see it,

No. 118.; No. 119.

Our Commissioners desired to know, whether by the joint Power mentioned in the Propositions to be given to the Commissioners for both Kingdoms, to preserve the Peace between the Kingdoms, and the King and every one of them, they intended any other than Military Power for suppressing Forces only, which Question was asked, because in the Proposition, there are two distinct Clauses, one whereby they have that Power to preserve the Peace; the other, whereby they have Power to suppress Forces: In answer to this, they refer our Commissioners to the Propositions.

That these Answers (tho' made to Questions arising upon the doubtful Expressions in their Propositions) referring to the Propositions themselves, or to what was not then, but what was after to be settled by the two Houses, are not satisfactory Answers to those Questions, is most evident, but we do not wonder they were unwilling we should see the clear drift of those Propositions, the ill Consequences whereof (which hereafter appears) we are willing to believe most of those who agreed unto them, did not at first apprehend.

See our Commissioners Paper, touching our Return to the two Houses, after Disbanding of Armies, No. 191.

They say, They marvail why it should be insisted on, that the Commissioners for the Militia should not be nominated by the two Houses only, and that we who were to be equally secured, should name (fn. 11) none, since this Power was not to be exercised, till a Peace concluded upon the Treaty, and then we had been secured by the Laws of the Kingdom, and by the Duties and Affections of our Subjects: We think it far more matter of wonder (since it is confessed, that we, and such our Loyal Subjects, who have faithfully and constantly adhered to us, were equally to be secured) that they would allow us no security at all, but to put ourselves wholly upon them, who even afterwards in this Paper, deny our Just Power of the Militia, and of making Peace and War, and might with much more colour hereafter do so, if by our consent that Power should be once, tho' for a Time only, put wholly into their Hands. It is true, the Laws of the Land, and the Hearts of the People, are the best security for a Prince that he shall enjoy what belongs to him: But it is as true, that the Laws of the Land, and the Love of the Prince towards his People are likewise their best security that they shall enjoy what belongeth to them; it is a mutual Confidence each in other, that secureth both: But this is to be understood in calm and quiet Times, the present Distempers have bred mutual Jealousies, and if they think it not at this Timereasonable wholly to Trust the Laws and Us concerning their Security, but require the Power of the Militia, in which they have no Right, much less is it reasonable, that we should wholly trust them concerning our Security, who avowedly bear Arms against us; but if for the love of Peace we are content for a time to part with this great Power which is our known Right it is reasonable that we should have the nominating of some of those who should be trusted with it; yet on our Part we were well content to repose our selves in that Security they mention, if the two Houses would likewise have relyed upon the same Security of the Laws, and Affections of the People, to which they so much pretend: But though it was offered that we should return to our two Houses, whereby all Armies behind Disbanded, both they and we, might have been restored to the Laws, and guarded by those Affections of the People, yet that was not admitted. They say, This Power of the Militia was not be exercised till after a Peace, but they do not remember it is to be agreed on before a Peace, and proposed in order to a Peace; and we might with as much Reason (and far more Justice, in respect of our undoubted Right over the Militia of this Kingdom) have insisted upon the sole nomination of the Commissioners, because their Power was not to be exercised till a Peace concluded, as they for that Cause to have excluded Us from the Nomination of an equal Number, and assumed that Power wholly to themselves, not affording us so much as the Liberty to except against any of them, And whereas they say these Commissioners for the Militia, have a Rule prescribed, and being removable and liable for any miscarriages to a sever Punishment, cannot do anything to our Prejudice, contrary to the Trust reposed in them: If they had such a Rule (which yet by their Propositions and Papers we cannot find, having the general and indefinite Terms and unlimited Power given to them it proves they should not, not that they would not break it. He that hath Power (as these Commissioners would have the greatest that ever Subjects had) and Will to abuse that Power, may extend and interpret the Rule prescribed him, as he shall please himself, and therefore since out of our ardent desire of Peace, we were content to part with this Power; we had reason to require; that at least some of those who should execute it, might be such, whom we our selves should nominate, and could trust.

No. 130.

For that which is said, that if the Commissioner had been severally chosen, the memory of those unnatural Divisions must needs have been continued, and probably being severally named, they would have acted dividedly according to several Interests, and the War thereby might be more easily revived. It is apparent the memory of the War must as much continue where any Commissioners are named at all, as where they are named by either Party, since by putting that Power into their hands, it is put out of the proper Channel, but it is not the memory of a past War that is dangerous, but such a remembrance of it, as is joyned with a Desire or Inclination to revive it: And if it were probable, as is alledged, that if the Commissioners were partly chosen by us, and partly by them, that being severally named, they would have acted dividedly according to several Interests, it would be much more probable, that being wholly named by them, they would have acted only according to their Interest and so on our part, instead of an equal Security, we must have been contented with what Laws and Conditions they would have imposed. But we shall again remember, that the Offer on our Part, was to name such, against whom there could be no just exception, if the Persons were named equally betwixt us It was likewise offered That those Commissioners should take an Oath for the true discharge of their Trust, that We our Selves were willing to take an Oath to observe the Articles of the Treaty, and that all Persons of any immediate Trust by Officers or Attendance upon Vs. and all others whom they should nominate, should take the like Oath, and with such Penalties, that whosover should infringe the Agreement, should be accounted most pernicious Enemies to us and the Kingdom. And if this way of mutual Nomination were not approved, there was another proposed, that the Persons should be nominated between our Commissioners and theirs, by whose mutual Consent, it might well have been hoped such Persons might have been named, in whom we and they might have confided; but to this no Answer hath been vouchsased, nor could any thing satisfy concerning the Militia, unless without knowing who the Persons were who should be entrusted, we should, with an implicate Faith in Persons whom we did not know, put that Power into their Hands.

They say, That though by their Propositions the Commissioners were to continue without any Limitation of Time, yet they have since proposed a Time of Seven Years. We know noth that they have, during the whole Treaty, in any one Particular, receded from insisting on their Demands, as they are set down in their Propositions in terminis. And in this Point though they seem to reduce the Time, which in their Propositions was indefinite to a Certainty, to which yet the Scottish Commissioners have not absolutely agreed, the Alteration is more in Shew than in Deed, and rather to the heightning than abating their Demands; for whereas they have limited the Time to Seven Years, yet it is with an additional Clause, That after those Seven Years it was to be executed as we and they should agree, and not otherwise; so that though the Commissioners should have the Power but for Seven Years, yet we should not have it after those Seven Years, nor at any time, unless they and we could agree in it; so much would they have gained by this seeming Compliance in point of Limitation of this Power to a Time, though not to that Time of Three Years, which we proposed. But they justify the Reasonableness of it; for whereas our Commissioners in their Paper (to which this of theirs is applied as an Answer) tell them, that if the Time for this Power be unlimited, we and our Posterity shall for ever part with our peculiar Regal Power, of being able to resist our Enemies, or protect our good Subjects, and with that undoubted and never deny'd Right of the Crown to make War and Peace, or ever more to have Jurisdiction over our own Navy and Fleet at Sea, (the Command thereof being also a part of this great Power to be given to these Commissioners) They answer plainly, They cannot admit of this peculiar Regal Power, which our Commissioners mention to reside in us concerning the Militia, and to make Peace and War, or that it is otherwise to be exercised than by Authority from us and both Houses of Parliament of England, and the Estates of the Parliament of Scotland respectively. We approve of their Ingenuity, that now at the breaking off the Treaty, they tell us in plain Terms what they mean, tho' the Common-Law-Books and Records of Parliament have mentioned, that the Sole Power of protecting the Subjects belongs to the King, and that the alone hath Power to make Peace and War, though it hath been the Language of former Parliaments, even of the last Parliament, and at the beginning of this Parliament, that the Power of Peace and War is in the King, but if he will have Money from his Subjects to maintain the Wars, he must have their Consents: And though the universal Consent and common Opinion heretofore hath gone accordingly, yet they cannot admit thereof as to have been our Right (for the Answer is made to the Assertion concerning our Right) and not admitting it, it seems their Oaths of Allegiance and Supremacy, to defend our Crown and Dignity, to assist and defend all Jurisdictions, Privileges, and Authorities belonging to us oblige them not: And as they do not admit this Power in right to have been in us alone for the Time past, so neither will they admit it for the Time to come, in us or our Successors to be able to resist our Enemies, or protect our Subjects, or to make Peace or War, but it must be, by Authority from us and the two Houses, and the Estates of the Parliament of Scotland respectively. They are to be associated in these Regal Powers, and the Scepter and the Sword may in Pictures or Statutes, but are not indeed to be in Hand alone. Upon these Grounds we wonder not that they would have the Navy and Fleet at Sea, to be put into the Hands of their Commissioners for Seven Years as the Militia for the Land, and after the Seven Years to be commanded in such Manner as they and we should agree, and not otherwise, for they say, the Reasons are the same for them, as for the Militia by Land: It is a principal means they say of their Security, and we cannot find they think themselves to have any Security, if we and our Successors have any Power; but if we will part with our Power wholly unto them, we and our Posterity shall be fully secured by the Affections our Subjects (that is by the Lords and Commons now at Westminster, who in their Sense represent all the People) who by themselves during the Parliament, or when they shall please to make any Recesses by their Commissioner during the Intervals, will free us from the Burthen of the Militia, and of our Navy, and so of protecting our Subjects, and will save us the Charge of our Navy, because it is to be principally maintained by the Free-Gift of the Subject out of Tonnage and Poundage, and other Impositions upon Merchandise. And having taken this Care for our Security (suitable to all their Actions these three Years last past) they say, that for Security of those who have been with us in the War, an Act of Oblivion is desired to be passed, whereby all our Subjects would have been put in one and the same Condition, and under the same Protection, with some Exceptions mentioned in the Propositions. We are not willing to mention those Exceptions, by which not only most of our best Subjects (who have been with us in the War according to their Duties) by express or general Terms are excepted, but all the Estates of some of them, and a great part of the Estates of the rest of them for that very Cause, because they were with us in the War, are to be forfeited: As for securing them by an Act of Oblivion, they have less Cause to desire it, than they who propose it, as being more secured by the Conscience of doing their Duties, and the Protection of the known Common-Law of the Land, if it might take place, than any Protection under the two Houses, or their Commissioners for the Militia, yet we were not unwilling for the Security of all our Subjects to have assented to an Act of Oblivion, being willing as much as in us lies to have made up these Breaches, and buried the Memory of these unhappy Divisions.

It was urged by our Commissioners, that according to the literal Sense of the Propositions (in the Powers given to the Commissioners for the Militia) That Sheriffs and Justices of Peace, and other legal Ministers could not raise the Posse Comitatus, or Forces to suppress Riots, without being liable to the Interpretation of the Commissioners. To this they answer, That this is no part of the Militia to be exercised by the Commissioners, but in executing of Justice and legal Process, nor can be intended to be any Disturbance, but for the Preservation of the Peace. We shall admit that to be their Meaning, but it being by the Propositions made Treason in any, who shall levy any Forces without Authority or Consent of the Commissioners, to the Disturbance of the Publick Peace, it is apparent that the Sheriffs or Justices of Peace, if they raise any Forces to suppress any tumultuous Assembly, (which it is possible some of the Commissioners may countenance) or for executing of other legal Acts, may not only be liable to the Interpretation of being disturbers of the Publick Peace, but feel the Punishment of it. And whereas they say, That the Power (given by the Propositions to the Commissioners for the Militia of both Kingdoms as a joint Committee) for the hearing and determining Civil Actions and Differences cannot be extended further than Preservation of the Articles of the Peace to be made. We conceive that a Court being thereby allowed to them for the hearing and determining of Civil Matters for the Preservation of the Articles of the Peace, they may in order thereunto (upon Pretence it is for the Preservation of the Peace) entertain and determine any Cause or Difference they please, especially their Power by the Propositions being not only to preserve the Peace, but to prevent the Violation of the Articles of the Peace; and having the Peer of the Sword in their Hands, and being not tyed up to any certain Law, whereby to judge, (for ought appears by their Answers to the Questions proposed by our Commissioners) and the common Law not being the Rule in such Case (because part of them are to be of the Scottish Nation) they may, without Control, exercise what Arbitrary Power they please.

And whereas it is insisted upon in this Paper, that an Answer be given to the Fifteenth Proposition, which is, That the Subjects be appointed to be Armed, Trained, and Disciplined in such Manner as both Houses shall think fit; which our Commissioners thought fit to have deferred till after the Peace established, and then to be settled by us and the two Houses. It is apparent, that Proposition concerned not (that which was desired as the End of their Propositions) the Security for the Observation of the Articles, and we conceive there is already sufficient Provision made by the Law in such Cases, and if they were not, it were fit that that Defect were supplied by Law, not to be left at large, as the two Houses should think fit, without expressing the Manner of it, but to proceed by a Bill, wherein we might see before we consented to it, how our Subjects should be charged, we being as much concerned and sensible of the Burthen to be put upon our Subjects, as the two Houses can be, who, we are sure, since they took upon them the Authority of imposing upon their Fellow-Subjects without us, have laid the heaviest Impositions that ever were.

And whereas they say, the Scope of those their Propositions touching the Militia, was to take away Occasions of future Differences, to prevent the raising of Arms and to settle a firm and durable Peace: If we look upon the whole Frame of their Militia, as they have proposed it to us, we cannot but conclude those Propositions to be most destructive to those Ends: For, first, they have proposed it to us (as they have sttled it already by their Ordinance) That the whole Militia of Ireland, as well of our English subjects as Scottish, shall be commanded by Lesley Earl of Leven, their Scottish General, and be managed by the joint Advice of the Scottish and English Commissioners, and therein the Scottish as well as the English to have a Negative Voice, and so by consequence subjecting the whole Government of that Kingdom to the Manage of our Scottish Subjects. And (having thus ordered the Militia of Ireland, where they will be sure to keep Forces on Foot for that is another Part of the Propositions, That we should assent to whatsoever Acts shall be proposed for Monies for the War of Ireland) which Forces shall be ready upon all Occasions to serve them for the Militia and Navy of England, that is like wise to be ordered and commanded by these Commissioners, and though we their Sovereign are deny'd to nominate any to be joint Commissioners, they are content to admit those of Scotland (who though our Subjects, yet are Strangers to their Government) to a Nomination of Scottish Commissioners to be joined with them. These Scottish Commissioners in Matters wherein both Kingdoms are jointly concerned (and they may easily call, and make what they will to be of joint Concernment) are to have a Negative Voice; so that the English can do nothing without them, not so much as to raise Force to suppress a Commotion, or prevent an Invasion, if the Scottish Commissioners, though not a third part of the Number of the English, say it is of joint Concernment; and in matters solely concerning England, the Scottish Commissioners (to a third part of the whole Number of the Commissioners) are to reside in England, and to vote as single Persons.

These Commissioners, as well Scottish as English, as they have the sole Power of the Forces by Sea and Land, so they must have a Court in a Civil Way, to hear and determine whatsoever Civil Action that shall tend to the Preservation of the Peace, or whatsoever else is for the Prevention of the Violation of it, within which general Words, and in order thereunto, they may comprehend any Cause or Thing they please; And as these Commissioners, as well Scottish as English, are to name all Commanders and Officers in our Forts and Ships, so in the intervals of Parliament, left there should be too much Dependence upon us, they are to name all the great Officers and Judges of both our Kingdoms of England and Ireland.

To these so unreasonable Propositions, wherein the Parliament and Subjects of Scotland, would have so great an Influence and Power over the Kingdoms of England and Ireland, if (as reflecting meerly upon our selves, and not entertaining such Thoughts of our Scottish Subjects, as perhaps some may by the Danger of such a Power) we should have agreed, as hoping that the good Affections of our Subjects in Scotland might in time have restored to us that Power which the two Houses of England would take away; yet when we consider, that we are in Conscience obliged to maintain the Rights of our Crown, so far as to be able to protect our Subjects, and what Jealousies and Heart-burnings, it might propably produce betwixt our Subjects of the two Kingdoms, what Reluctancy all our Subjects here may have, when they shall see our Power so shaken, and they must have so much Dependency upon their Fellow-Subjects both English and Scotch, we conceive it so far from being a Remedy to the present Distempers (as they affirm in their papers) that as at present it would alter the whole Frame and Constitution of the Goverment of this Kingdom, both Civil and Military, so in the Conclusion it would occasion the Ruin and Desolation of all our Kingdoms.

His MAJESTY'S Answer to the two Papers concerning IRELAND.

It hath been one of the chiefest Designs of the Authors of the present Distractions, to insinuate unto our People, that we were either privy to the Rebellion in Ireland, or assenting to the Continuance of it: And if it could not be personally fixed upon our self, yet to perswads them into a belief, that evil Counsellors, and others prevalent with us, did encourage and assist it. By this Means, having a Colour to raise Forces, and to levy Money for the Supply of those Forces, they might so dispose of both, as under a Pretence of suppressing the Rebels in Ireland, they might thereby also raise a War in England, for the effecting of their Ambitious and Covetous Desires in both Kingdoms; and they so carry'd on this Design, that whereas out of our earnest Desire of the Relief of our poor Subjects in Ireland, and to shew the great Sense we had of their Miseries, we had given way to several unusual Bills for raising of Forces, and likewise to the Bill for the 400,000 l. for the Adventurers and others, for raising of Monies (which Monies by those Acts were to be paid to particular Persons, or otherwise out of the ordinary Course, and not into our Exchequer (as was usual in like cases thence to be issued for publick Use) those Supplies were diverted and employed to seed and nourish a Rebellion in England, rather than to suppress that in Ireland. Thus 100,000 l. of the Adventurers Money was employed for the Earl of Essex's Army when he first march'd against us, and that Employment of it, though contrary to the express Words of the Act, which are, That no part of that Money shall be employed to any other Purpose, than the reducing of those Rebels, was publickly justified by a Declaration made in the Name of the House of Commons, the 6th of September, not long before the Battle at Edge-Hill, and at the same Battle several Regiments of Horse and Foot raised for Ireland, under the Command of the Lord Wharton, Lord of Leny, Sir Faithful Fortescue and others, were employed against us at Edge-Hill, the Monies raised upon the Bill of 400,000 l. and others have been wholly made use of against us; and it was imposhable, whithout thus working themselves (under the specious Pretence of suppressing the Rebellion of Ireland) into the Managery of that War, and misapplying the Aids intended for Ireland, to have brought this Kingdom into the bleeding and desperate Condition wherein it now languisheth.

The Propositions concerning Ireland, as they are insisted upon by these Commissioners (though in Charity we shall hope not so intended by all of them) are apparently in pursuance of that original Design, in begetting a Suspicion of our Integrity in that Business of Ireland, and ingrossing the managing of that War, and the Power of that Kingdominto their Hands. They would have the Cessation (which we have avowed to be assented to by us, and avised as most necessary for the Preservation of that Kingdom) to tend to the utter Destruction of the Protestants there, and the Continuance of the Cessation there (though but during the War here) to be a countenancing of that bloody Rebellion, and we our selves are charged to be privy, and to give Directions for the seizing of some Provisions made, and sent for the Supply of the Protestants in Ireland. In the next place, concerning the War there, they demand that the Prosecution of that War be settled in bothHouses of Parliament, to be managed by the Advice of both Kingdoms of England and Scotland (that is, a Committee of both Kingdoms, those of each Kingdom to have a Negative Voice) and all the Forces there, to be under the Command of the Scotch General: The Lieutenant and other great Officers and Judges there, to be nominated by both Houses, and that we should consent to pass all Acts to be proposed by them, for the raising of Monies, and other things necessary for the Prosecution of that War. And notwithstanding all the zealousand pathetical Expressions in those Papers, desiring the Continuance of that War, and the Execution of Justice upon those Rebels: It is not barely the Prosecution of the War in Zeal of Justice that is desired, that might be managed either by us (whom God and the Law have entrusted solely with that Power, and whose Predecessors have alone, and without the Concurrence of their Parliaments, other than by competent Assistance with Monies, suppreffed great Rebellions in that Kingdom) or by fit Ministers to be appointed, upon just Occasion to be removed by us, they have not made any the least Proposition or Desire to that purpose. But they insist upon such a Prosecution of the War, wherein those who are in Arms against us, may have the sole managing of the War, and of Money to maintain that War, even while they are in Arms against us. For the Cessation already made it is apparent it was the only visible means, whereby the Kingdom was preserved, the poor Protestants there being in danger inevitably to have perished, either by Famine, for want of Food, or by the Rebels, for want of Ammunition, there being not above Forty Barrels of Powder there, as appears by the Letters of the Lords Justices and Council of Ireland, mentioned by our Commissioners, and no Supplies of Victuals or Money sent in fix Months Time before those Letters; (although our Ships were then taken away from us, and all the Forces at Sea belonging to this Kingdom, were under their Command) Neither could the not making void, or declaring against that Cessation, have hindred a Peace upon this Treaty, if it had been intended really on their Part, it being to expire in March, and so before the Treaty could probably have been perfected, and there being no further Peace or Cessation made in Ireland, and therefore our Commissioners did earnestly desire them to make such Propositions, as were fit to be consented to, for the growth of the Protestant Religion, and the good of that Kingdom.

But instead of such Propositions, they still except against the Cessation, and tho' expiring within a Month, they insist upon their Demands of an Act of Parliament to make that Cessation void, to which if we should have consented, as we must have rendered our selves uncapable of being trusted at any time after and odious Abroad in breaking that Cessation, solemnly made by our publick Ministers of State in Ireland, and after consented unto by our selves, so we must have implicity confessed, contrary to Truth, that which they alledge against the Cessation; that it was destructive to the Protestnants there, and a countenancing of that Bloody Rebellion, and thereby having lost the Plea of our Innocency, have also lost the Hearts of our People, and rendred our selves guilty of those In amouns Slanders which have been charged upon us, concerning the Irish Rebellion, and which some were so willing to fix upon us, that even during this Treaty, when Mack Quire was Impeached by them for this Rebellion, for which he was by them after Executed, (tho' they well knew Consessions of Men in his Condition, in hopes of Pardon or Reprieves are not to be credited) he was strictly examined concerning us (as we are credibly informed) whether or no we gave any Commission to the Rebels of Ireland, or any Assistance to them, and if he had not absolutely denied it to his last, with more sense of Conscience in that Particular than they who examined him expected, it is likely whatsoever Untruths reflecting upon us had been forced from him, had been (as others were) publish'd to our Disgrace. And altho' they long questioned the Credit and Truth of those Letters of the Lord Justices and Council of Ireland, notwithstanding one of them being directed to the Speaker of the House of Commons, was received and communicated to the House, and ours was but a Duplicate thereof and Copies were dilivered to them of both Letters, which two of their Commissioners compared with our Originals, and saw the Names of all the Council-Subscribers, as well as the two Lords Justices, some of which Counsellors were of principal Estimation with themselves, and they might also have had Copies of their Names who Subscribed, if they would have assured our Commissioners, that such of them as should have come into their Quarters, should not have been prejudiced by it; yet the Extremity of our poor English Subjects, inducing that Cessation, being so notorious, and that Attestation thereof undeniable, they fall at last to confess and avoid them. They say, That some who were of the Council when those Letters were written, assure them, that those Letters were written only to press for Supplies, without any Intention of inducing a Cessation, neither do the Letters contain any mention of a Cessation: It is true those Letters do not, nor was it alledged they did, mention any Cessation but they pressed for Supplies from hence, and laid open their Necessities to be such, that it was apparent to any Man (as we had also private Advices from some of the Council there, and of Credit with those at Westminster) that it Supplies failed, there was no way for the Preservation of our good Subjects there, but by a Cessation. And these bleeding wants of our Army, and good Subjects there, so earnestly calling for Relief, and (this Kingdom being then engaged in the height of an unnatural War) our selves unable to supply them, and no timely supply, nor hopes of it coming from the two Houses, what course less Dishonourable for us, or more for the Good and Safety of the poor English there could be taken, than to admit of a Treaty for a Cessation, which was managed by our publick Ministers of State there, and that Cessation assented unto as best for. that Kingdom, by the chief Officers of the Army, and the Lords Justices and Council of Ireland, before our Approbation thereof.

They say That those Necessities were made by a design of the Popish and Prelatical Party, (the Prelatical Party must come in upon all Terms, though none suffer'd more by the Irish Rebellion, nor were less advantaged by the Cessation, than those poor Prelates) and that at this very Time, when the Protestants were in such Extremity Provisions sent thither by the Parliament for their Relief, were disposed of, and afforded to the Rebels: The Letters of the Lords Justices and Council, tell us, That no Provisions at all were sent by the Parliament, and if they had not told it, yet this being barely assirmed, might as easily be denied, unless they had instanced in Particular what Provisions were sent, and how, and when, and by whom, or to whom they were disposed. But they say, That at the same time the Officers of the Army and Garrisons, pressing for leave to March into the Enemy's Country to live upon them, and save their own Stores, some could not obtain leave to go, and those who were drawn forth, had great Quantities of Provisions out with them, yet were not permitted to go into the Enemy's Country, but kept near Dublin, till their Provisions were spent, and then Commanded back again. They might remember, at that time (wherein they suppose this miscariage) the chief Manage of those Affairs was in the Hands of such Ministers of State, whom they did and do still rely upon; but sure those Ministers are not to be blamed, if they durst not suffer the Solders to March far, or stay long in the Enemy's Country, when there was but forty Barrels of Powder in all the Store, or if they called them back in such Case when the Enemy approached.

Let such as these, or what other Pretences and Excuses soever be made for not relieving Ireland, we are sure the chief Impediment to it was their active promoting this Rebellion in England, and therefore, as they made use of the Supplies both of Men and Money, provided for that Kingdom, against us at Edge. Hill: So from the time of that Battle (some Supplies sent before which else perhaps had been also Countermanded) arriving in Ireland, about the time, or shortly after that Battle, they were so careful of recruiting and supplying their Armies here, that tho' they received much Monies for Ireland, and had at their disposal great Store of our Ammunition, neither the one nor the other, was ever after assorded to the English Army and Forces, or to the Protestants about Dublin, though the Cessation was not made till September following. As for those Protestants in Munster, Connaught and Ulster, who, they say, oppos'd the Cessation, and did and do still subsist, they were most of them of our Scottish Subjects, the rest (excepting some few wrought upon by private Interest or particular Solicitation) were such, who being under their Power, were forced for their Relief to concur with them against it. These indeed, as they did not suffer under so great wants as the English at the time of the Cessation, as is well known, though it seems to be denyed, more special Provisions being made for them, and for their Garrisons, than for the English, (as doth in great part appear even by the Articles of their Treaty of the 6th of August) so they have since subsisted by Supplies sent from the two Houses whereof none were suffered to partake but such as take their new Covenant, and doubly break the Bonds of their Obedience and Duty, both by taking that dangetous ensnaring Oath prohibited by God and their King, and opposing our Ministers of State there, without whose Authority (a Cessation being concluded) during that Cessation they ought not to have continued a War in that Kingdom. We easily believe the Provisions they mention are, or may be, sent for supply of those Forces as being a means to keep up a Party against us there, and to have a Reserve of an Army ready upon any Accidents of War to be drawn hither against us, and being also necessary for the Satisfaction of our Scottish Subjects (whom they must please) who would not be so forward in their Service without some good Assurance (such as is the having an Army of theirs kept on foot in Ireland, at the charge of this Kingdom, and two of our strongest Towns and Castles there delivered to them as Cautionary Towns, as we may believe Berwick also is (being denied the fight of the Treaty) and by the Command of all the English Forces there by the General of the Scots) that they shall be well paid the Arrears to the Armies in both Kingdoms before they quit their Interest in Ireland. If we shall allow Provisions thus employed to be for the Preservation of the English Protestants in Ireland, we may believe they have repaid the 100,000 l. taken up of the Adventurers Money; and yet, thus to re-satisfy this Money, admitting it be current satisfaction for the Debt, can be no Satisfaction or Excuse for the former Diversion.

But since they cannot excuse themselves for this Diversion of the Adventurers Money, nor of the other Monies raised for Ireland, nor of the employing the Forces raised for that Kingdom, under the Command of the Lord Wharton, against us at Edge-Hill, which they deny not, they fall to recriminate us.

They say, They have mentioned particulars of Provisions for Ireland, (besides those few Clothes taken near Coventry, which being formerly answer'd by our Commissioners, they do not again urge) asserted to be seized not without our own Knowledge and Direction, as they were informed. This they had formerly alledged, and our Commissioners had answered (as we do now) that they have instanced no Particulars at all of any such Provisions seized. And whereas they say, that our forbearance to seize some Provisions (which our Commissioners alledged in our greatest Wants we for bore to take, though they lay in Magazines, within our own Quarters, but took order to send away into Ireland) was no excuse for seizing others, they misipply that to be an excuse, which was alledged as an evidence that we seized none, since we might in our great want have seized those if we had been minded to have seized any.

They say again, The Service of that Kingdom was much prejudiced, by denying the Lord Wharton's Commission, of which they have not received satisfaction, To this it hath been already answered, that those Forces were raised for him, before any Commission demanded from us, and that the Commission for him proposed to us was, to have been independent of the Lieutenant of that Kingdom; Causes (though not satisfactory to them) yet sufficient in themselves to justify our refusal. But besides these, it is apparent the Army which was brought down against us, was their raising, that the Lord Wharton was one of the most active in it, and we had cause to be confident (nor did he fail us therein) that what Forces he should raise for Ireland, he would employ against us in England, neither did that service depend upon the Lord Wharton, other able Officers were appointed over those Forces, whom (if they had as much affected that Service as the Person of the Lord Wharton) they might have been trusted with the Transport of them to Ireland, where others of more Experience and fitter for Conduct than the Lord Wharton, might have taken the Charge of them They say farther, That it was one end for which the Cessation was made, that the Forces might be brought hither to us out of Ireland, and employed against the two Houses. The bleeding Necessities of the poor English there (which have been mentioned, and whereof they cannot but be convinced) will best speak the Cause of that Cessation, and the fight of those Soldiers half Starved when they came over, having neither Clothes to their Backs nor so much as Shoes to their Feet, nor any Pay to provide either, will witness the necessity of bringing them over; when there was no Subsistance for them in Ireland, nor use for them there, during the Cessation; and for making use of them here, how can they quarrel at our employing our own English Soldiers, who should otherwise have been Disbanded, when they make use of an Army of Scots against Us.

They have been told, that they brought over out of Ireland the Earl of Leven their General, and divers Scottish Officers, (which they deny not) and that before, the English Forces brought over, they attempted the bringing once the Scottish Forces in Ireland, as likewise divers English Officers there into this Kingdom; to which all the Answer given is, That the Scottish Forces which came over, were not sent for. Which as it denies not what is objected, so neither can it excuse their not sending them back to the service of Ireland, and employing them here in an Unnatural Rebellion against Us.

But whatsoever their own Acts or Failings have been in this Business of Ireland, and tho' apparently the Necessities, which caused the Cessation, were occasioned by the two Houses, yet rather than they shall be guilty of the blame and neglect therein, our People must be made to believe, that neither there were no such Necessities, or when that is so apparent, then that those Necessities were designed and contrived by a Popish and Prelatical Party, prevalent with us, and the Supplies denied and stopped by our Self, and so that it is reasonable for them to press and insist (as they do with much servour) in their last Paper concerning Ireland, upon their Demands for the settling of the Prosecution of the War in themselves, or the Scots, excluding us, and that there shall be no further Cessation or Peace made there (though the War should continue here) to have the Nomination of the Lieutenant, and all the great Officers there, and to have us bound up to assent to whatsoever Acts they shall propose for Monies, or other Necessaries for the Prosecution of that War, and if we agree not to these Propositions, we are like to be charged with countenancing of that Bloody Rebellion.

And therefore (tho' the unreasonableness of those Propositions hath been fully laid open by our Commissioners in their Paper, yet because this of theirs is framed in answer to those, and the servency and fluency of their Expressions may make Impressions on those who do not warily weigh the matter) we shall examine what new inforcements they bring to make good those Demands.

The Prosecution of the War there, though it be demanded (generally) in the 13th Proposition, to be settled in both Houses of the Parliament of England, to be managed by the joint Advice of both Kingdoms, yet according to their 17th Proposition, it is to be ordered according to the Ordinance of the 11th, of April, 1644, which is also proposed to be enacted. By that Ordinance the Scottish General Leven is to Command all the Forces in Ireland, both English and Scottish, and that War is to be managed by a joint Committee, to be Named by the two Houses of England, and the Estates of the Parliament of Scotland, and the Committees of each Kingdom is to have a Negative Voice: They insisting to have the Prosecution of the War thus settled, our Commissioners answer'd, That tbis was in effect to deliver the Kingdom of Ireland into the Hands of our Subjects of Scotland, and neitber agreeable to the Rules of Honour or Prudence. That it was unreasonable if the War continued here, that we by our Consent to an Act of Parliament for the managing of that War, and raising Monies for that Purpose, should put so great Power into their Hands, who during these Troubles may turn that Power against us. And lastly, that is the Distractions continued here, the Forces and Wealth of this Kingdom would be so employed at home, that the Prosecution of that War to the subduing of the Rebels, was impossible, but probably might be destructive of the remainder of our good Subjects.

For the Power given to our Scottish Subjects in that Kingdom, our Commissioners urged, that General Leven being to Command all the Forces in Ireland, and the Committee of Scotland having a Negative Voice upon difference of Opinion, that War must either stand still, to the ruine of our Subjects there, or be carried as the Earl of Leven pleased, whose Power was not bounded by any reference to us, or our Lieutenant of Ireland, no nor to the Houses of England, and though it had been answered, that in Cases of Disagreement betwixt the Committee, the two Houses might prosecute the War, observing the Treaty of the 6th of August, and the Ordinance of the 11th of April, yet by referring to that Ordinance, (which is desired to be enacted) and by that Ordinance the Power being thereby put into the Earl of Leven, and that Committee without mention of the two Houses, it was apparent the Earl of Leven would not be bound to observe the directions of the Houses of England by themselves.

But they reply in this last Paper of theirs, That as the Ordinance of the 11th of April, 1644. so the Treaty of the 6th of August, 1642, is desired to be confirmed, by which the Commander of the Scottish Forces in Ireland was to be answerable to us, and the two Houses of the Parliament of England for his whole deportment. But this is apparently no Answer at all, for this Treaty of the 6th of August, binds not the Committee who are to manage that War, and relates to the Scottish General as General of the Scots only, the other of April, 1644, being later in Time, giving him Power also as Commander in Chief over the English Forces in Ireland, and according to this latter, he is to receive his Orders from the Committee, without reference to us or the two Houses, neither can the two Houses be hereby brought in to have Command over this Scottish General, or Committee more than our selves, whom they intend wholly to exclude; yet we cannot but observe, even upon these Articles of the Treaty of the 6th of August, how little cause there is to expect this Scottish General will manage that War for the Good of this Kingdom, who being by those Articles to be answerable to us, as well as the two Houses (for then though the same Design was on Foot, yet their outward Pretences were somewhat more modest than now they are) did, without Directions from us leave his Charge in Ireland, to bring an Army into England against us. Well, they say at last, they had (by the 13th Proposition) desired the Prosecution of the War to be settled in the two Houses, and so taking all together, that the Earl of Leven cannot manage that War according to his own Direction: But we must remember them, the Proposition is not barley to settle the Prosecution of the War in the two Houses, but to settle it in the two Houses to be managed by the joint Advice of boyh Kingdoms, and that joint Advice is by a joint Committee according to the Ordinance of the 11th of April, in which Committee they consess those of Scotland have a Negative Voice, and by the last Part of the 17th Proposition, the War of Ireland is to be ordered according to that Ordinance.

But they say, The Scottish Commander is to receive Orders from the Lieutenant of Ireland, if a Lord-Lieutenant shall be chosen by the two Houses (for a Lieutenant nominated by us, is not allowed by them to give Orders to the Scottish General.) This indeed (though not warranted by their Propositions, upon which nevertheless they insist) yet being admitted in this Latitude might seem to give some Power to the two Houses over the Scotch General in the Manage of the War, as giving the Lieutenant such a Power, and by consequence the two Houses who have Power over this Lieutenant. But they say not generally, that he shall receive Instructions from the Lieutenant, but that he shall receive Instructions from the Lieutenant in such manner as they have set down in their Paper of the 20th of Feburary, that is, when it shall be necessary for the Good of that Service, that he and the Commander in Chief of the Scottish Army join; but how shall it be for the Service that he join with him when he shall command no Forces with which he may join, the Scotch General being by the Ordinance of the 11th of April to command all the Forces whatsoever in Ireland? But admit them to have joined; Then the Scotch General is to receive Instructions from the Lieutenant, according to the Orders which shall be given by the Commissioners of both Kingdoms, so and no otherwise; Still the Case is the same: The Scottish General is not bound to obey any Orders, but such as shall come mediately or immediately from the Committee of both Kingdoms And (whatsoever Evasions and Disguises are made to cover it from our Peoples Eyes) the Scottish Committee being an equal Number, and having an equal Share in the Councils, and their General having the Command of all the Forces: It is apparent the whole Power over that Kingdom, is, in effect, to be transferred to them.

But should we admit that these Propositions did not give so great Power in Ireland to our Subjects of Scotland, yet how should it be imagined, that we should put the Prosecution of this War in the two Houses in such Manner as is insisted on by them, so long as they maintain a Rebellion against us in this Kingdom? It is not denyed, but by their Authority, divers Forces raised, and the Monies levied for Ireland, were employed against us in England, and upon the same Pretences, that they made use of those Aids, because (as they alledge in their Declaration upon that Subject, that the Subsistance of Ireland depended upon their Welfare here) they may still make use of such Power as shall be given them for the Manage of that War, and raising Monies for that purpose against us in England, neither if a Peace should be concluded here, could we assent that the Prosecution of the War should be settled in the two Houses, excluding our selves as they intend it by those Words, The King not to molest them therein. Queen Elizabeth managed the War in Ireland solely, when the two Houses were fitting, and excluded them, though we insist not upon that Example, we should be wanting to the Trust we have received from God, and that Care of our Subjects whichlies upon us (and of which we are to give him an Account) to exclude our self. They themselves knoe, great Bodies are not so fit to carry on the Wars as a few, and therefore they have in a manner given up their Power in this unhappy War at Home to their StateCommittee, whose Resolutions are rather brought to them for Countenance and Execution, than for Debate and Deliberation.

They tell us, The Parliament of England is a fithful Council to us, and that we have trusted with the Prosecution of that War, and they faithfully discharged their Parts in it. We wish, though we are willing ti be silent in it, that yet the Ruins and Desolations of this Kingdom would not speak to Posterity what Counsellors those are, who have divested us of our Revenue, Arms, Ships, Powder, and even the Security of our Person, who have armed our Subjects here, who have brought in the Scots into this Kingdom, to the tearing up the Bowels of it, who have infamously libelled against us and our Confort, who have threatned to depose us, and impeached her of Treason, and who those are, who have denied Peace to this miserable Kingdom, unless we would consent to their unreasonable destructive Propostitions, overturning the whole Frame of Government, both in Church and State. They say, and it is true, We trusted them with the Prosecution of that War, and how faithfully they discharged it, we will not again repeat, but we never trusted them so as to exclude ourselves, as they now suppose; and if we had relied more on the Judgments and Advice of our Privy-Council, and less on theirs, neither that nor this Kingdom had been in the Condition they now are; It was their Interposition and Advice which hindred the Transportation of the Army of Irish Natives out of that Kingdom into Spain (even to our Disreputation Abroad, who had agreed with the Spanish Ambassadour to send them over, and he in Confidence of our Performance, had disbursed Money for their Transport) and had they been transported (their stay, as it provoked them, so it emboldening and strengthening the other Irish) we are confident the Flames of that Rebellion would never have broken forth at all, or at most have been so small, as might suddenly have been extinguished: It was their Advice that staid our going over thither in Person, which probably might have stopped the Rage of that War, and by the Blessing of God, would have saved the Effusion of much Blood, which was since shed in that Kingdom: It was their unreasonable Declarations at the beginning of the Rebellion (before the old English and other Papists had engaged themselves with the Rebels of Ulster) of making it a War of Religion, and against that Connivance which had been used in that Kingdom ever since the Reformation, and tending to make it a National Quarrel, and to eradicate the whole Stock of the Irish (which they now pursue by giving no Quarter to those few of that Nation in England, who never were in that Rebellion, but according to their Duty assist us their Sovereign) which made the Rebellion so general, whereas otherwise the old English, as in former Times (though Papists) would have joined against those Rebels. When we had offered, in December 1641, that 10000 Volunteers should be raised presently in England, for the Service of Ireland, if the House of Commons would declare they would pay them: Instead thereof, in January following, Propositions were made for the transporting the Scots into Ireland, and we were advised by the two Houses, to give the Command and Keeping of the Twon and Castle of Caricksergus to the Scottish, who were to be transported thither and paid by this Kingdom, to which we returned Answer, That we did not approve the same as prejudicial to the Crown of England, and the Service intended, and employing too great Trust for Auxiliary Forces, yet afterward, because we perceived the insisting upon it would breed a great Delay in the necessary Supply of that Kingdom, we did admit of the Advice of the Parliament in that Particular, (and since by the Articles of the 6th of August 1642. (which though said to be made by Commissioners, authorized by us and the Parliament of England, we never were made acquainted with them, till upon this Treaty almost three Years after both the Towns and Castles of Caricksergus and Colerane, are left with them as Cautionary) the Consequence whereof was such, that though the Service of Ireland was little advanced, or the poor English Protestants relieved by it, and this Kingdom drained to pay those (whose great Arrears growing upon that Agreement, must be paid out of Lands in Ireland, where they have so good Footing already, or of our good Subjects in England, according to their other Propositions.) By this Means the Scottish having an Army there, under colour of supplying them, our Arms and Ammunition were sent into Scotland, for the Supply of another Army, to be brought into England. And the Countenance of that Army in Ireland as it gave Encouragement to some of our Scottish Subjects, so it over-awed others, and was a Means without any the least Provocation to those our ungrateful Subjects, of bringing of another Army into this Kingdom where they still remain, to the utter Ruin of many of our good Subjects, and the probable Destruction of the whole Kingdom. And lastly, it was upon their Advice in February 1641. (shortly after those Propositions tendred for transporting the Scots into Ireland) that we agree that the Rebels Lands should be shared amongst the Adventurers, and the Rebels to have no Pardons, though we then expresly declared, We did it meerly relying upon their Wisdom without further examining what we in our particular Judgement were perswaded) Whether that course might not retard the reducing of that Kingdom, by exasperating the Rebels, and rendring them desperate of being received into Grace if they should return to their Obedience. And it is most apparent, that those Propositions and the Act drawn upon them, wherein also a farther Clause (not observed by us, but passed, as conceiving that Act had wholly pursued the Propositions) was inserted, That every Person who should make, enter into, or take any Compact, Bond, Convenant, Oath, Promise or Agreement, to introduce or bring into the said Realm of Ireland, the Authority of the See of Rome, in any case whatsoever, or to maintain or desend the same, should forseit his Lands and Goods, as in case of Rebellion, were great causes, not only of provoking, but encreasing and encouraging the Rebels, who having no pretence before for that horrid Rebellion, had now some colour to make it a matter of Religion, and so to make their application to Foreign Princes, and to negotiate with 'em for delivering that Kingdom into their hands. We prosess our aversion from their Religion and hatred to their Rebellion, but though we think them worse Christians because they are Rebels, we think them not worse Rebels because they are Papists. A Protestant Rebel in the same degree of Rebellion hath far more to answer, as having more light, and it being more expresly against the Religion he professeth, whereof it hath heretofore been a Maxim (though it be now taken for Apochryphal Doctrine) not to take up Arms against their Prince upon any pretence whatsoever. And as we have endeavoured by our Personal example and otherwise, so wo shall still continue, by all good means to propagate the Protestant Religion, but we are far from that Mahometan Doctrine, that we ought to propagate our Religion by the Sword. And though we shall be most willing to hearken to the Advice of our People Assembled in a free Parliament, yet we should be wanting to the Trust that God hath reposed in us, and our use of that Reason with which he hath endowed us, if we should wholly give up that Kingdom to be managed solely by their Counsels, secluding our selves from all Interest therein, especially when we consider that which Experience hath taught us, if they have the sole Power of that War (by which all the Soldiers and Commanders, being to be nominated and paid, removed and advanced by them, the necessary Application (passing by us) must be made to such as are Powerful with them) how easy a matter will it be for a prevalent Faction (if they shall have a mind to demand other things hereafter not fit to be granted) again to bring over an Army raised and payed by them into this Kingdom, especially so much composed of our Scottish Subjects. And whereas they desire farther, The Nomination of the Lord Lieutenant, and other great Officers and Judges in that Kingdom (which they also desire in this of England) they cannot but know, that it must of necessity take away all dependency upon us, and application to us, when the Power to reward those who are worthy of Publick Trust, shall be transferred to others, and having neither Force left us to punish, nor Power to reward, we shall be in effect a titular contemptible Prince. We shall leave all our Ministers to the known Laws of the Land to be tryed and punished according to those Laws if they shall offend, but we cannot consent, to put so great a Trust and Power out of us, and we have just Cause to conceive, that notwithstanding all their specious pretences, this desire of Nomination of those great Officers, is but a cloke to cover the Ambition of those, who having been the Boutefeux of this Rebellion, desire to advance themselves and their own Faction. And to that which is said, that our bad choice of our Lieutenants of Ireland, was the loss of many Thousand Lives there, and almost of the whole Kingdom from our Obedience: They cannot but witness who know that Kingdom, that during the Government there by Lieutenants of our Choice, that Kingdom enjoyed more Plenty and Peace than it ever had since it was under the subjection to the Crown of England; Traffick by Sea, and Trade by Land encreased, Values of Land improved, Shiping multiplyed beyond belief, never was the Protestant Religion more advanced, nor the Protestants protected in greater security against the Papists; And we must remember them that Rebellion was begun when there was no Lieutenant there, and when the Power and Government, which had been formerly used in that Kingdom was questioned and disgraced, when those in the Parliament there, by whom that Rebellion was hatched, were countenanced in their Complaints and Prosecution.

But they are not content to demand all the Power over Ireland, and the Nomination of all Officers, but we must also engage our Self, to pass such Acts as shall be presented to us for raising of Money and all other Necessaries for that War: Our former readiness to pass Acts for Ireland, because they were advised by the two Houses (when they were apparently prejudicial to our Self, and contrary to our own Judgment) might sufficiently satisfy them we would make no difficulty to consent to such Acts as should be for the good of that Kingdom, but they have been already told, it was unreasonable to make a general Engagement before we saw the Acts, whether reasonable or no, and whether those other Necessaries may not in Truth comprehend what is not only unnecessary, but very inconvenient. But the People they say, who have trusted them with their Purse, will never begrudge what they make them lay out upon that Occasion. The two Houses indeed were entrusted, that our Subjects should not be charged without them, but they never were solely trusted by our Subjects with a Power to charge them, the Care that no pressure in that, or any other kind, should be upon our Subjects, is principally in us, without whose Consent (not withstanding the late contrary and unexampled Practice) no such Charge can, or ought to be levyed; and we ought not to give that Consent, but where it is visible for the good of our Kingdoms, which upon such an unbounded Power of raising Monies may fall out otherwise, especially in so un usual a Case as this, where those who must have the sole Manage of the War, shall have the sole Command of the Purse, without any Check or Control upon them. But they say again, We have heretofore been possessed against the Parliament for not giving away the Money of the Subject when we had desired it, but never yet did we restrain them from it. It is true, we had no great Cause heretofore to restrain the two Houses from giving the Subjects Money to us, having found more difficulty to obtain from them three or four Subsidies, than they have met with in raising so many Millions. But our People cannot think themselves well dealt with by us if we shall consent to put an unlimitted Power of raising what Monies they pleased, in those Persons who have drained more Wealth from them in four years than we believe all the Supplies given to the Crown in four hundred Years before have amounted unto.

In the last place, we wish every Man to consider how the Rebels in Ireland can be reduced by War whilst these unhappy Distractions continue here, whilst contrary Forces and Armies are raised in most parts of this Kingdom, and the Blood of our People is spilt like Water upon the Ground, whilst the Kingdom is wasted by Soldiers, and the People exhausted by maintaining them, and, as if this Kingdom were not sufficient to destroy it self, whilst an Army of Scots is brought into the Bowels of this Kingdom, and maintained at the Charge of it, whilst this Kingdom labours under such a War, how is it possible that a consideruble Supply of Men or Money can be sent into Ireland?

To this, with much fervour of Expression they say, It must not depend upon the Condition of our other Kingdoms to revenge God's Quarrel upon such persidious Enemies to the Gospel of Christ, who have imbrued their Hands in so much Protestant Blood. That the Cessation is for their Advantage. Arms and Ammunition, and all manner of Commodities may be brought to them. That it is not fit there be any Agreement of Peace or Respit from Hostility with such Creatures as are not fit to live, more than with Wolves or Tygers, or any Ravenous Beasts, destroyers of Mankind.

We are most sensible of the Blood and Horror of that Rebellion, and would be glad that either a Peace in this Kingdom, or any other Expedient might furnish us with Means and Power to do Justice upon it. If this cannot be, we must not desperately expose our good Subjects to their Butchery, without means or possibility of Protection. God will in his due time revenge his own Quarrel, in the mean time his Gospel gives us leave, in case of War, to sit down and cast up the Cost, and estimate our Power to go through with it, and in such Case where Prudence adviseth, it is lawful to propose Conditions of Peace, tho' the War otherwise might justly be pursued. And surely, as a Cessation in Ireland may be some Advantage to the Rebels, as all Cessations in their Nature are to both Parts, they having thereby time and liberty to procure Arms and Ammunition to be brought to em: So it is not only for the advantage but necessary Preservation of our good Subjects there. whose bleeding Dangers call for our Bowels of Charity and compassion, by suspending the Rage of the Adversary by this Cessation, till means may be found to turn their Hearts, or to disable their Malice from pursuing their Cruelty to the Ruin of the remainder of our good Subjects there, it being more acceptable to God and Man to preserve a few good Men from Destruction, than to destroy a Multitude, tho' in the way of Justice, and perhaps a Cessation may bring some of those Rebels to reflect upon their Offences, and to return to their Duty; all are not in the same degree of Guilt, all were not Authors of, nor consenting to the Cruelties committed; some were enforced to comply with, or not resist to the Cruelties committed; some were enforced to comply with, or not resist their Proceedings; some were reduced upon a belief the Nation was designed to be eradicated, and the War not against the Rebellion only, but their Religion. The War destroys all alike without distinction, (even innocent Children have suffered not by the Rebels only) and all are not Tygers or Wolves, there may be Grounds of Mercy to some, though no Severity be excessive towards others; however we cannot desire the Destruction even of the worst of those Irish, Rebels, so much as we do the Preservation of the poor English remaining there, but should make Choice rather to save the Rebels, for perserving the Lives of those poor Protestants, than destroy them to ruin the Rebels. And therefore exceeding strange it is to us, and we are sorry to find, that any Englishmen (who have seen this their Native and Churches in the World, and now most hideous and deformed, weltring in the Blood of her own Children, and if this War continue, like to be a perpetual Spectacle of Desolation) should express, that they desire War in Ireland as much as they do Peace here, no more valuing the sparing of English Blood here, than they do the Effusion of the Blood of the Rebels in Ireland. They say indeed, They are willing to lay out their Estates and Lives, both for the War in Ireland, and Peace in this Kingdom, but withal they say, They have made Propositions for both, if our Commissioners would agree to them. These are the Conditions they offer, neither Peace to be had here, without agreeting to their Propositions, nor that War in Ireland to be managed but according to those Propositions, such Propositions as apparently tend to the Ruin of the Church, the Subversion of all our Power, to the setting up a new Frame of Popular Government, to the destruction of our Loyal and True hearted Subjects; Propositions, which associate our Subjects of Scotland in their Counfels and Power, and invest them in a great share of the Government and Wealth of this Kingdom, and render both the Wealth and Power of Ireland to be at their Command. These Propositions they insist upon, and for the obtaining these, they are resolved to engage the Lives and Estates of our poor People in this Unnatural Rebellion. But we trust God Almighty will open the Eyes and Hearts of our People, not to assist them any longer against us in the shedding Innocent Blood in this war. And we cast our Selves on him, waiting his good time for the restoring the Peace of our Kingdoms. and our Deliverance from these Troubles, which at length we are assured he will give unto Us.

Certain Letters that passed between their Majesty's about this Time, and other Papers relating to the Treaty at Uxbridge, [which are also in the Basilica, or Works of King Charles, Printed by R. Royston, 1662. from Fol. 1312. & subsequentibus.]

The Queen to the King. Paris, January 6th. December 27th. 1644–5.

Paris January.

'I have received one of your Letters, dated from Marlborom, of an old Date, having received many others more fresh, to which I have made Answer, I will say nothing concerning this, but only concerning the Affair of Gor. If it be not done, it is time, being very seasonable at this Time, which I did not believe before,

'I understand that the Commissioners are arrived at London; I have nothing to say, but that you have a care of your Honour, and that if you have Peace, it may be such as may hold, and if it fall out otherwise, that you do not abandon those who have served you, for fear they do forsake you in your Need. Also, I do not see how you can be in safety without a Regiment of Guards; for my self, I think I cannot be, seeing the Malice which they have against me, and my Religion, of which I hope you will have a care of both, but in my Opinion, Religion should be the last thing upon which you should Treat: For if you do agree upon Strictness against the Catholicks, it would discourage them to serve you, and if afterwards there should be no Peace, you could never expect Succours either from Ireland or any other Catholick Prince, for they would believe you would abandon them after you had served your self.

'I have dispatched an Express into Scotland to Mantross, to know the Condition he is in, and what there is to be done. This Week I send to Monsieur of Lorrain, and into Holl. I lose no Time, If I had more of your News all would go better. Adieu, my Dear Heart.

My Wife, Dec. 27. Jan. 6. 1644–5.

To the Queen. Oxford, December, 1644.

Dear Hearts,
I know thy Affection to me so truly grounded, that thou will be in as much, if not more Trouble, to find my Reputation, as my Life, in Danger: Therefore left the false Sound of my offering a Treaty to the Rebels, upon base and unsafe Terms, should disturbs thy Thoughts, I have thought it necessary (to assure thy Mind from such Rumours) to tell thee the Ways I have used to come to a Treaty, and upon what Grounds. I shall first shew thee my Grounds, to the end thou mayst the better understand and approve of my Ways.

Then know, as a certain Truth, that all, even my Party, are strangely impatient for Peace, which obliged me so much the more, at all Occasions, to shew my real Intentions to Peace: And likewise, I am put in very good Hope (some hold it a Certainty) that if I could come to a fair Treaty, the Ring-leading Rebels could not hinder me from a good Peace: First, because their own Party are almost weary of the War, and likewise for the great Distractions which at this time most assuredly are amongst themselves, as Presbyterians against Independants in Religion, and General against General in point of Command.

Upon these Grounds a Treaty being most desirable (not without hope of good Success) the most probable Means to procure it, was to be used, which might stand with Honour and Safety. Amongst the rest (for I will omit all those which are unquestionably concealable) the Sound of my Return to London was thought to have so much Force of Popular Rhetorick in it, that upon it a Treaty would be had, or if refused, it would bring much Prejudice to them, and be advantageous to me; yet left foolish or malicious People, should interpret this as to proceed from Fear or Folly, I have joined Conditions with the Proposition (without which this Sound will signify nothing) which thou wilt find to be most of the chief Ingredients of an honourable and safe Peace. Then observe, if a Treaty at London, with Commissioners for both sides, may be had without it, it is not to be used, not in case they will Treat with no-body but my felt; so that the Conditions save any Aspersion of Dishonour, and the Treating at London, the Malignity which our Factious Spirits here may insuse into this Treaty upon this Subject.

This I hope will secure thee from the Trouble which otherwise may be caused by malicious Rumours, and though I judge my self secure in thy Thoughts from suspecting me guilty of any Baseness, yet I held this Account necessary, to the end thou mayest make others know as well as thy self this certain Truth, that no Danger of Death or Misery (which I think much worse) shall make me do anything unworthy of thy Love.

For the State of my present Affairs, I refer thee to 92. concluding (as I did in my last to thee) by conjuring thee as thou lovest me, that no Appearance of Peace (and I now add) nor hopeful Condition of mine, make thee neglect to hasten Succour for him, who is eternally thine.

Copy to my Wife, December 1644. by Tom Elliot.

To the Queen. Oxford, January 1. 1644.

Dear Heart,
I receive it as a good Augury thus to begin this New Year, having newly received thine of the 30the of December, which I cannot stay to Decipher, for not losing this Opportunity, it being just Excuse for this short Account. This Day I have dispatch'd Digby's Sec. fully relating the State of our Affairs, therefore I shall only now tell thee, That the Rebels are engaged into an equal Treaty, without any of those Disadvantages which might have been apprehended when when Tom Elliot went hence, and that the Distractions of London were never so great, or so likely to bring good Effect as now. Lastly, That Assistance was never more needful, never so likely as now to do Good, to him who is eternally thine.

Copy to my Wife, I Jan. 1644. By P. A.

To the Queen. Oxford, January 2. 1644.

Dear Heart,
Having deciphered thine which I received Yesterday, I was much surprized to find thee blame me for neglecting to write to thee, for indeed I have often complained for want; never any Dispatch went from either of my Secretaties without one from me, when I knew of it.

As for my calling those at London a Parliament, I shall refer thee to Digby for particular Satisfaction of this in general; if there had been but two (besides myself) of my Opinion I had not done it, and the Argument that prevailed withme, was, That the calling did no ways acknowledge them to be a Parliament. Upon which Condition and Construction I did, and no otherwise, and accordingly it is registred in the Council-Books, with the Councils unanimous Approbation; but thou wilt find that it was by Misfortune, not Neglect, that thou hast been no sooner advertised of it.

As for the Conclusion of thy Letter, it would much trouble me if thou didst not know thy Desire granted before it was asked; yet I wonder not at it, since that which may bear a bad Construction hath been presented to thee in the ugliest Form, not having received the true Reason and Meaning of it. The Fear of some such Misfortune, made me the more careful to give thee full Account by Tom Elliot, of the Reasons of the D. of R. and E. of s. Journey to London, which if it came soon enough, I am confident will free thee from much Trouble, but if thou hast not the Patience to forbear judging rashly of my Actions before thou hearest the Reasons of them from me, thou mayest be often subject to be doubly vex'd, first with Slanders, then with having given too much Ear to them. To conclude, Esteem me as thou findest me, Constant to those Grounds thou leftest me withal; and so farewel dear Heart.

Copy to my Wise, 11/21 January, 1645. P. A.

To the Queen. Oxford, January 22. 1644.

Dear Heart,
Since my last by Choquen, I have had no Means of Writing, and as little new Matter; that which is now, is the Progress of the Treaty, of which these enclosed Papers will give thee a full Account, but if thou have them sooner from London than me, thou hast no Reason to wonder, considering the Length and Uncertainty of the Way, I am forced to send by, in respect of the other. For the Business it self, I believe thou wilt approve of my Choice of Treators, and for my Propositions, they differ nothing in Substance (very little in Words) from those which were last, wherefore I need to say nothing of them; arid for my Instructions, they are not yet made, but by the next I hope to send them.

Now upon the whole Matter, I desire thee to shew the Queen and Minsiters there, the Improbability that this present Treaty should produce a Peace, considering the great strange Difference (if nor Contrariety) of Grounds, that are betwixt the Rebels Propositions and mine, and that I cannot alter mine, nor will they ever theirs, till they be out of Hope to prevail by Force, which a little Assistance by the Means, will soom make them be, for I am confident, if ever I could put them to a Defensive (which a reasonable Sum of Money would do) they would be easily brought to Reason.

Concerning our Interferings here at Oxford, I desire thee to suspend thy Judgment (for I believe few but partial Relations will come to thee) until I shall send some whom I may trust by Word of Mouth, it being too much Trouble to us both to set them down in Paper.

A Copy to my Wife, 22 Jan. 1644.

The Queen to the King. Paris, 17/27. January, 1644.

My Dear Heart,
Tom Elliot, two Days since, hath brought me much Joy and Sorrow, the first to London; I cannot conceive where the Wit was of those who gave you this Counsel, unless it be to hazard your Person to save theirs: But thanks be to God, to Day I received one of yours by the Ambassador of Portugal, dated in January, which comforted me much, to see that the Treaty shall be at Uxbridge. For the Honour of God, trust not your self in the Hands of those People; and if ever you go to London, before the Parliament be ended, or without a good Army, you are lost. I understand that the Propositions for the Peace must begin by disbanding the Army, if you consent to this you shall be Lost, they having the whole Power of the Militia, they have done, and will do, whatsoever they will.

I received Letters yesterday from the Duke of Lorrain, who sends me word, if his Service be agreeable to you, be will bring you Ten Thousand Men. Dr. Goffe, whom I have sent into Holland, shall Treat with him in his Passage upon this Business, and I hope very speedily to send good News of this, as also of the Money; assure your self. I will be wanting in nothing you shall desire, and that I will hzard my Life, that is, to die by Famine, rather than not to send to you. Send me word always by whom you receive my Letters, for I write both by the Ambassador of Portugal, and the Resident of France: above all, have a care not abandon those who have served you, as well the Bishops as the poor Catholicks; Adieu. You will pardon me if I make use of another to write, not being able to do it, yet my self in Cyphers; shew to my Nephew Rupert, that I intreat you to impart all that I write to you, to the end that he may know the Reason why I write not to him. I know not how to send great Packets.

To the Queen. Oxford, January 30. 1644.

Dear Heart,
Sunday last I received three Letter from thee, one a Duplicate of the 30th of December, another of the 6th of January, and the last of the 14th of January, and even now one Petit is come with a Duplicate of the last, wherein, as I infinitely joy in the Expressions of thy confident Love of me, so I must extreamly wonder that any who pretend to be a Friend to our Cause (for I believe thou wouldst not mention any Information from the other side) can invent such Lies, that thou hast had ill Offices done to me by any, or that they Care for my Assistance hath been the least suspected, it being far from Truth, that the Contrary is true; for I protest before God, I never heard thee spoken of but with the greatest Expressions of Estimation for thy Love to me, and particularly for thy diligent Care for my Assistance, but I am confident that it is a Branch of that Root of Knavery which I am now digging at, and of this I have more than a bare suspicion. And indeed, if I were to find fault with thee, it should be for not taking so much care of thine own Health as of my Assistance; at least not giving me so often Account of it as I desire, these three last making no mention of thy self.

Now as to the Treaty (which begins this day) I desire thee to be confident that I shall never make a Peace by abandoning my Friends, not such a one as will not stand with my Honour and Safety. Of which I will say no more, because knowing thy Love, I am sure thou must believe me, and make others also confident of me.

I send thee herewith my Directions to my Commissioners, but how I came to make them my self, without any others, Digby will tell thee, with all the News as well concerning Military, as Cabalistical Matters. At this time I will say no more, but that I shall in all things (only not answering for Words) truly shew my self eternally thine.

The Portugal Agent hath made me two Propositions, first concerning the Release of his Master's Brother, for which I shall have 50000 l. if I can procure his Liberty from the King of Spain; the other is for a Marriage betwixt my Son Charles, and his Master's Eldest Daughter: For the first, I have freely undertaken to do what I can, and for the other, I will give such an Answer as shall signify nothing.

I desire thee not to give too much Credit to Sabran's Relation, nor much Countenance to the Irish Agents in Paris, the particular Reasons thou shalt have by Pooly, whom I intend for my next Messenger.

In the last place, I recommend to thee the Care of Jersey and Guernsey, it being impossible for us here to do much, though we were Rich, being weak at Sea.

Tomy Wife, 30. January, 1644. by Legg.

Directions for my Uxbridge Commissioners. First, Concerning Religion.

In this the Government of the Church (as I suppose) will be the chief Question, wherein two things are to be considered, Conscience and Policy.

For the first, I must declare unto you, that I cannot yield to the Change of the Government by Bishops, not only as I concur with the general Opinion of Christians in all Ages, as being the best, but I likewise hold my self particularly bound by the Oath I took at my Coronation, not to alter the Government of this Church from what I found it. And as for the Church's Patrimony, I cannot suffer any Diminution or Alienation of it, it being without peradventure, Sacriledge; and likewise contrary to my Coronation Oath. But whatsoever shall be offered for rectifying of Abuses, if any have crept in, or yet for the case of tender Consciences (so that it endamage not the Foundation) I am content to hear, and will be ready to give a gracious Answer thereunto.

For the second, as the King's Duty is to protect the Church, so it is the Church's to assist the King, in the Maintenance of his Just Authority; wherefore by Predecessors have been always careful (especially since the Reformation) to keep the dependency of the Clergy intirely upon the Crown, without which it will fearcely fit fast upon the King's Head, therefore you must do nothing to change or lessen this necessary dependency.

Next concerning the Militia after Conscience: This is certainly the fittest Subject for a King's Quarrel, for without it the Kingly Power is but a shadow, and therefore upon no means to be quitted, but to be maintained according to the Ancient known Laws of the Land: Yet because (to attain to this so much wished Peace by all good Men) it is in a manner necessary, that sufficient and real Security be given for the performance of what shall be agreed upon, I permit you either by leaving strong Towns, or other Military Force to the Rebels possession (until Articles be performed) to give such assurance for he performance of Conditions, as you shall Judge necessary for to conclude a Peace, provided always that you take (at least) as great care, by sufficient Security, that Conditions be performed to me, and to make sure, that the Peace once settled, all things shall return into their Ancient Channels.

Secondly, For Ireland.

I confess, they have very specious popular Arguments to press this Point, the gaining of no Articles is more conducing to their Ends than this; and I have as much Reason, in both Honour and Policy, to take care how to answer this as any. All the World knows the eminent inevitable Necessity which caused me to make the Irish Cessation, and there remain yet as strong Reasons for the concluding of that Peace, wherefore you must consent to nothing to hinder me therein, until a clear Way be shewn me how my Protestant Subjects there may probably, at least, defend themselves, and that I shall have no more Need to defend my Conscience and Crown from the Injuries of this Rebellion.

Oxford, February 1644. Memorials for Secretary Nicholas, concerning the Treaty at Uxbridge.

I. For Religion and Church-Government, I will not go one jot further than what is offered by you already.

II. And so for the Militia, more than what ye have allowed by me; but even in that you must observe, that I must have free Nomination of the full Half, as if the total Number of Scots, and all, be 30, I will name 15. Yet if they (I mean the English Rebels) will be so base at to admit of Ten Scots to Twenty English, I am contented to name Five Scots and Ten English; and so proportionably to any Number that shall be agreed upon.

III. As for gaining of particular Persons, besides Security, I give you Power to promise them Rewards for performed Services, not sparing to engage for Places, so they be not to great Trust, or be taken away from honest Men in Possession, but as much Profit as you will, With this last you are only to acquaint Richmond, Southampton, Culpepper, and Hide.

To the Queen. Oxford, 15/25 February, 1644.

Dear Heart,
The Expectation of an Express from thee (as I find by thine of the 4th of February) is very good News to me, as likewise that thou art now well satisfied with my Diligence in Writing.

As for our Treaty, there is every Day less Hopes than other, that it will produce a Peace, but I will absolutely promise thee, that if we have one, it shall be such as shall invite thy Return, for Pavow, that without thy Company I can neither have Peace not Comfort within my self. The limited Days for Treating are almost expired, without the least Agreement upon any one Article, wherefore I have sent for Enlargement of Days, that the whole Treaty may be laid open to the World; and I assure thee, that thou needest not doubt the Issue of this Treaty, for my Commissioners are so well chosen (though I say it) that they will neither be threatned nor disputed from the Grounds I have given them, which, upon my Word, is according to the little Note, thou so well remembrest, and in this, not only their Obedience, but their Judgments concur.

I confess, in some Respects, thou hast Reason to bid me beware of going too soon to London, for indeed, some amongst us had a greater mind that Way than was fit, of which perswasion Percy is one of the Chief, who is shortly like to see thee; of whom having said this is enough to shew thee how he is to be trusted, or believed by thee, concerning our Proceedings here.

In short, there is little or no Appearance, but that this Summer will be the hottest for War of any that hath been yet; and be confident, that in making Peace, I shall ever shew my Constancy in adhering to Bishops, and all our Friends, and not forget to put a short Period to this perpetual Parliament: But as thou lovest me, let non perswade thee to slacken thine Assistance for him, who is eternally thine, C. R.

Oxford, 15, 25 February, 1644–5.
To my Wife, 15 Feb. 1645. by P. A.

To the Queen. Oxford, February 19. 1644.

Dear Heart,
I cannot yet send thee any certain Word concerning the Issue of our Treaty, only the unreasonable Stubbornness of the Rebels gives daily less and less Hopes of any Accommodation this Way, wherefore I hope no Rumours shall hinder thee from hastening all thou mayest with all possible Assistance to me, and particularly that of the Duke of Lorrain's, concerning which I received yesterday good News from Dr. Goff, that the Prince of Orange will furnish Shipping for his Transportation, and that the rest of his Negotiations goes hopefully on; by which and many other Ways I find thy Affections so accompanied with Dexterity, as I know not whether, in their several Kinds, to esteem most, but I will say no more of this, left thou mayest think that I pretend to do this Way what is but possible to be done by the continual Actions of my Life.

Though I leave News to others, yet I cannot but tell thee, that even now I have received certain Intelligence of a great Defeat given to Argyle by Montross, who, upon Surprize, totally routed those Rebels, killed 1500 upon the Place.

Yesterday I received thine of January 27, by the Portugal Agent, the only Way (but Expressions) i am confident on, either to receive Letters from thee, or to send them thee. Indeed Sabrian sent me word yesterday, besides some Complements, of the Embargo of the Rebels Ships in France (which I likewise put upon thy Score of Kindness) but is well enough content that the Portugal should be charged with thy Dispatches.

As for trusting the Rebels, either by going to London or disbanding my Army before a Peace, do no ways fear my hazarding so cheaply foolishly; for i esteem the Interest thou hast in me at a far dearer Rate, and pretend to have a little more Wit (at least by the Simpathy that is betwixt us) than to put my self into the Reverence of persidious Rebels. So impatiently expecting the Express thou hast promised me, I rest eternally thine.

I can now assure, that Hertogen, the Irish Agent, is an arrant Knave, which shall be made manifest to thee by the first Opportunity of sending Packets.

To the Queen. Oxford, March 5. 1644.

Dear Heart,
Now is come to pass what I foresaw, the fruitless End (as to a present Peace) of this Treaty, but I am still confident I shall find good Effects of it: For besides that my Commissioners have offered, to say no more, full measured Reason, and the Rebels have stucken rigidly to their Demands, which I dare say had been too much, though they had taken me Prisoner, so that assuredly the Breach will light foully upon them. We have likewise at this time discovered, and shall make it evidently appear to the World, that the English Rebels (whether basely or ignorantly will be no very great Difference) have as much as in them lies transmitted the Command of Ireland from the Crown of England to the Scots, which, besides the Reflection it will have upon these Rebels, will clearly shew, that Reformation of the Church is not the chief, much less the only End, of the Scottish Rebellion.

But it being Presumption and no Piety so to trust to a good Cause, as not to use all lawful Means to maintain it; I have thought of one Means more to furnish thee with for my Assistance, than hither to thou hast had; it is, that I give thee Power in my Name (to whom thou thinkest most fit) that I will take away all the Penal Laws against the Roman Catholicks in England, as soon as God shall make me able to do it, so as by their Means, or in their Favours, I may have so powerful Assistance as may deserve so great a Favour, and enable me to do it: But if thou ask what I call that Assistance, I answer, That when thou knowest what may be done for it, it may be easily seen if it deserves to be so esteemed, I need not tell thee what Secresy the Business requir'd, yet this I will say, that this is the greatest Point of Confidence I can express to thee, for it is no Thanks to me to trust thee in any thing else but in this, which is the only thing of Difference in Opinion betwixt us: And yet I know thou wilt make a good Bargain for me, even in this, I trusting thee (though it concerns Religion) as if thou wet a Protestant, the visible Good of my Affairs so much depending on it.

I have so fully instructed this Bearer, pooly, that I will not say more to thee now, but that herewith I send thee a new Cypher, assuring thee, that none hath or shall have any Copy of it but my self, to the end thou mayest use when thou shalt find fit to writ any thing which you wilt judge worthy of thy Pains to put in Cypher, and to be decyphered by none but me, and so likewise from him to thee, who is eternally thine.

To the Queen. Oxford, 13th of March, Old Style.

Dear Heart,
What I told thee last Week concerning a good Parting with our Lords and Commons here, was on Monday last handsomely performed; now if I do any thing unhandsome or disadvantageous to my self or Friends in order to a Treaty, it will be meerly my own Fault, for I confess, when I wrote last, I was in fear to have been pressed to make some mean Overtures to renew the Treaty, knowing there were great Labourings to that Purpose; but now I promise thee, if it be renewed (which I believe it will not, without some eminent good Success on my Side) it shall be to my Honour and Advantage, I being now as well freed from the Place of base and mutinous Motions (that is to say, our Mungril Parliament here) as of the chief Causers, for whom I may justly expect to be chidden by thee, for having suffered thee to be vexed by them, Wilmor being already there, Percy on his way, and Sussen within few Days taking his Journey to thee, but I know thou carest not for a little Trouble to free me from Inconveniences, yet I must tell thee, that if I knew not the Steddiness of thy Love to me, I might reasonably apprehend that their Repair to the would rather prove a perfect Change than an End of their Villanies, I cannot deny but my Confidence in thee wassome Cause of this permissive Trouble to thee.

I have received thine of the Third of March, by which thou puttest me in Hope of Assistance of Men and Money, and it is no little Expression of thy Love to me, that (because of my Business) Festivals are troublesome to these, but I see, that Assemblies in no Countries are very agreeable to thee; and it may be done on purpose to make thee weary of their Companies, and excuse me to tell thee in earnest, that it is no Wonder that meer Statesmen should desire to be rid of thee, therefore I desire thee to think, whether it would not advantage thee much to make a Personal Friendship with the Queen-Regent (without shewing any Distrust of her Ministers, though not wholly trusting to them) and to shew her, that when her Regency comes out (and possibly before) she may have Need of her Friends: So that the shall but serve herself by helping of thee, and to say no more, but certainly, if this Rebellion had not begun to oppress me when it did, a late great Queen had ended more glorious than she did.

In the last Place, I desire thee to give me a Weekly Account of thy Health; for I fear left in that alone, thou takest not Care enough to express thy Kindness to him who is eternally thine.

The Northern News in rather better than what we first heard, for why by Sir Marmaduke Langdale's and Montrosse's Victories, Carlisle and the rest of our Northern Garrisons are relieved, and we hope for this Year secured, and besides all this the Northern Horse are already returned and joined with my Nephew Rupert.