THE HUMBLE Desires and Propositions OF The LORDS and COMMONS in PARLIAMENT, tendred to His MAJESTIE, February 1. AND His MAJESTIES Gracious Answer and Propositions The third of February 1642.
LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. 1642.
¶ The humble Desires and Propositions of the Lords and Commons in Parliament assembled, tendred unto His Majestie February 1. 1642.
WE Your Majesties most humble and faithfull Subjects, the Lords and Commons in Parliament assembled, having in our thoughts the Glory of God, Your Majesties Honour, and the Prosperity of Your People, and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your two Kingdoms of England and Ireland, since Your Majestie hath, by the perswasion of evil Counsellours, withdrawn Your Self from the Parliament, raised an Army against it, and by force thereof [Page 2]protected Delinquents from the Justice of it; constraining us to take Arms for The Defence of our Religion, Laws, Liberties, Priviledges of Parliament, and for the sitting of the Parliament in safetie; which Fears and Dangers are continued and increased by the Raising, Drawing together, and Arming of great numbers of Papists under the command of the Earl of Newcastle: likewise by making the Lord Herbert of Ragland, and other known Papists, Commanders of great Forces, whereby many grievous Oppressions, Rapines, and Cruelties have been, and are daily exercised upon the Persons and Estates of Your People, Much innocent blood hath been spilt, and the Papists have attained means of attempting, with hopes of effecting their mischievous Designe of rooting out the Reformed Religion, and destroying the Professors thereof. In the tender sense and compassion of these Evils, under which Your People and Kingdom lie (according to the Dutie which we owe to God, Your Majestie, and the Kingdom for which we are trusted) do most earnestly desire, That an end may be put to these great Distempers and Distractions, for the preventing of that Desolation which doth threaten all Your Majesties Dominions; And [Page 3]as we have rendred, and still are ready to render to Your Majestie that Subjection, Obedience, and Service which we owe unto You, so we most humbly beseech Your Majestie to remove the causes of this War, and to vouchsafe us that Peace and Protection which we and our Ancestours have formerly enjoyed under Your Majestie and Your Royall Predecessors, and graciously to accept and grant these our most humble Desires and Propositions.
I. THat Your Majestie will be pleased to disband Your Armies, as we likewise shall be ready to disband all those Forces which we have raised, and that You will be pleased to return to Your Parliament.
II. That You will leave Delinquents to a legall triall, and Judgement of Parliament.
III. That the Papists may not onely be disbanded, but disarmed according to Law.
IIII. That Your Majestie will be pleased to give Your Royall assent unto the Bill for taking away superstitious Innovations: To the Bill for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans, Subdeans, Deans and Chapters, Archdeacons, Canons, and Prebendaries, and all Chaunters, Chancellours, Treasurers, Subtreasurers, [Page 4]Succentors, and Sacrists, and all Vicars Chorall, and Choristers, old Vicars and new Vicars of any Cathedrall or Collegiate Church, & all other their under Officers out of the Church of England: To the Bill against scandalous Ministers: To the Bill against Pluralities: And to the Bill for confultation to be had with Godly, Religious, and Learned Divines: That Your Majestie will be pleased to promise to passe such other good Bills for setling of Church-Government, as upon consultation with the Assembly of the said Divines shall be resolved on by both Houses of Parliament, and by them be presented to Your Majestie.
V. That Your Majestie having exprest in Your Answer to the nineteen Propositions of both Houses of Parliament, an hearty Affection and Intention for the rooting out of Popery out of this Kingdom, and that if both the Houses of Parliament can yet finde a more effectuall course to disable Jesuits, Priests, & Popish Recusants, from disturbing the State, or deluding the Laws, that You would willingly give Your consent unto it. That You would be graciously pleased for the better discovery and speedier conviction of Recusants, that an Oath may be established by Act of Parliament, to be administred in such manner as by both Houses shall be agreed on, wherein they shall abjure and renounce the Popes Supremacy, the doctrine of Transubstantiation, Purgatory, worshipping of the consecrated Hoast, Crucifixes and Images; and the refusing the said Oath, being tendred in such manner as shall be appointed by Act of Parliament, shall be a sufficient conviction in Law of Recusancie. And that Your Majestie will be graciously pleased to give [Page 5]Your Roya'l assent unto a Bill for the Education of the children of Papists by Protestants in the Protestant Religion. That for the more effectuall execution of the Laws against Popish Recusants, Your Majestie would be pleased to consent to a Bill for the true leavying of the Penalties against them, and that the same Penalties may be leavied and disposed of in such manner as both Houses of Parliament shall agree on, so as Your Majestie be at no losse: And likewise to a Bill, whereby the practice of Papists against the State may be prevented, and the Law against them duly executed.
VI. That the Earl of Bristoll may be removed from Your Majesties Councels; and that both he and the Lord Herbert, eldest son to the Earl of Worcester, may likewise be restrained from coming within the Verge of the Court; And that they may not bear any Office, or have any Imploiments conceming State or Common-wealth.
VII. That Your Majestie will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land, and for the Forts and Ports of the Kingdom in such a manner as shall be agreed on by both Houses.
VIII. That Your Majestie will be pleased by Your Letters Patents, to make Sir John Brampston chief Justice of Your Court of Kings Bench; William Lenthall Esquire, the now Speaker of the Commons House, Master of the Rolls, and to continue the Lord chief Justice Bankes chief Justice of the Court of Common-Pleas, and likewise to make Master Serjeant Wille chief Paron of Your Court of Exchequer, and that Master Justice Bacon may be cominued, [Page 6]and Master Serjeant Rolls, and Master Serjeant Atkins made Justices of the Kings Bench; That Master Justice Reeves, and Master Justice Foster may be continued, and Master Serjeant Pheosant made one of the Justices of Your Court of Common Pleas; That Master Serjeant Creswell, Master Samuel Browne, and Master John Pubeston may be Barons of the Exchequer; And that all these, and all the Judges of the same Courts for the time to come, may hold their places by Letters Patents under the Great Seal Quam diu se bene gesserint; And that the sevenall persons not before named, that do hold any of these places before mentioned, may be removed.
IX. That all such persons as have been put out of the Commissions of Peace, or Oyer and Terminer, or from being Custodes Rotulorum, since the first day of April 1642. (other then such as were put out by desire of both, or either of the Houses of Parliament) may again be put into those Commissions and Offices, and that such persons may be put out of those Commissions and Offices as shall be excepted against by both Houses of Parliament.
X. That Your Majestie will be pleased to passe the Bill now presented to Your Majestie, to vindicate and secure the Priviledges of Parliament from the ill consequence of the late President, in the charge and proceeding against the Lord Kimbolton, now Earl of Manchester, and the five Members of the House of Commons.
XI. That Your Majesties Royall assent may be given unto such Acts as shall be advised by both Houses of Parliament for the satisfying and paying the Debts and Dammages, [Page 7]wherein the two Houses of Parliament have engaged the Publike Faith of the Kingdom.
XII. That Your Majestie will be pleased, according to a gracious Answer heretofore received from You, to enter into a more strict Alliance with the States of the united Provinces, and other Neighbour Princes and States of the Protestant Religion, for the defence and maintenance thereof against all Designes and Attempts of the Popish and Jesuiticall Faction to subvert and suppresse it, whereby Your Subjects may hope to be free stom the mischiefs which this Kingdom hath endured through the power which some of that Party have had in your Councels, and will be much encouraged in a Parliamentary way for Your aid and assistance, in restoring Your Royall Sister, and the Prince Elector to those Dignities and Dominions which belong unto them, and the relieving the other Protestant Princes who have suffered in the same cause.
XIII. That in the generall Pardon which Your Majestie hath been pleased to offer to Your Subjects, all offences & misdemeanours committed before the tenth of January 1641. which have bin or shalbe questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted (which offences and misdemeanours shall neverthelesse be taken and adjudged to be fully discharged against all other inferiour Courts) That likewise there shall be an Exception of all offences committed by any person or persons, which hath or have had any hand or practice in [Page 8]the Rebellion of Ireland, which hath or have given any counsell, assistanee or incouragement to the Rebells there, for the maintenance of that Rebellion, as likewise Exception of VVilliam Earl of Newcastle, and George Lord Digby.
XIIII. That Your Majestie will be pleased to restore such Members of either House of Parliament to their severall places of services and imployment, out of which they have been put since the beginning of this Parliament; That they may receive satisfaction and reparation for those places, and for the Profits which they have lost by such removalls, upon the Petition of both Houses of Parliament; And that all others may be restored to their Offices and imployments who have been put out of the same upon any displeasure conceived against them for any assistance given to both Houses of Parliament, or obeying their Commands, or forbearing to leave their Attendance upon the Parliament without licence, or for any other occasion arising from these unhappy differences betwixt Your Majestie and both Houses of Parliament, upon the like Petition of both Houses.
THese things being granted and performed, as it hath alwayes been our hearty prayer, so shall we be enabled to make it our hopefull endeavour, that Your Majestie and Your People may enjoy the blessings of Peace, Truth and Justice; The Royalty and Greatnesse of Your Throne may be supported by the Loyall and Bountifull affections of Your People, Their [Page 9]Liberties and Priviledges maintained by Your Majesties Protection and Justice, and this Publike Honour and Happinesse of Your Majestie and all Your Dominions communicated to other Churches, and States of Your Alliance, and derived to Your Royall Posterity, and the future generations in this Kingdom for ever.
His Majesties Answer To the DESIRES and PROPOSITIONS of both Houses, February 3. 1642.
IF His Majestie had not given up all the Faculties of His soul to an earnest endeavour of a Peace and Reconciliation with His People, or if he would suffer Himself by any provocation to be drawn to a sharpnesse of Language, at a time when there seems somewhat like an overture of Accommodation, He could not but resent the heavie Charges upon [Page 11]Him in the Preamble of these Propositions, and would not suffer Himself to be reproached with protecting of Delinquents by force from Iustice, (His Majesties desire having alwayes been, that all men should be tried by the known Law, and having been refused it) With raising an Armie against Pis Parliament; And to be told that Arms have been taken up against Him, for the defence of Religion, Laws, Liberties, Priviledges of Parliament, and for the sitting of the Parliament in safetie, With many other particulars in that Preamble, so often, and so fully Answered by His Majestie, without remembring the World of the time and circumstances of raising those Arms against Him: When His Majestie was so far from being in a Condition to invade other mens Rights, that He was not able to maintain and defend His own from Violence; And without telling His good Subjects that their Religion (the true Protestant Religion, in which His Majestie was born, hath faithfully lived, and to which he will die a willing sacrifice) their Lawes, Liberties, Priviledges and safety of Parliament were so amply setled and established, or offered to be so by His Majestie before any Army was raised against Him, and long before any raised by Him for His defence, that if nothing had been desired but that Peace and Protection which His Subjects and their Ancestors had in the best times enjoyed under His Majestie, or His Royall Predecessors, this Misunderstanding and Distance between His Majestie and His people, and this generall misery and distraction upon the face of the whole Kingdom, had not been now the [Page 12]Discourse of Christendom: But His Majestie will forbear any expressions of bitternesse, or of a sense of His own sufferings, that if it be possible the memory thereof may be lost to the World; And therefore, though many of the Propositions presented to His Majestie by both Houses appear to him very derogatory from, and destructive to His just Power and Prerogative, and no way beneficiall to His Subjects, few of them being already due to them by the Laws established; (And how unparliamentary it is by Arms to require new Laws, all the World may judge) yet (because these may be waved or mollified, and many things that are now dark and doubtfull in them cleered and explained upon debate) His Majestie is pleased (such is His sense of the miseries this Kingdom suffers by this unnaturall Warre, and His earnest desire to remove them by an happy Peace) that a speedy time and place be agreed upon for the meeting of such Persons as His Majestie and both Houses shall appoint, to discusse these Propositions, and such others here following, as His Majestie doth propose to them.
I. THat His Majesties own Revenue, Magazine, Towns, Forts and Ships, which have been taken or kept from Him by force, be forthwith restored unto Him.
II. That whatsoever hath been done or published contrary to the known Laws of the Land, or derogatory to His Majesties Legall and known Power and Rights, be renounced and recalled, that no seed may remain for the like to spring out of for the future.
[Page 13] III. That whatsoever illegall Power hath been claimed and exercised, by, or over His Subjects, as Imprisoning their Persons without Law, Stopping their Habeas Corpusses, and Imposing upon their estates without Act of Parliament, &c. Either by both or either House, or any Committee of both or either, or by any Persons appointed by any of them be disclaimed, and all such Persons so committed forthwith discharged.
IV. That as His Majestie will readily consent (having done so heretofore) to the execution of all Laws already made, and to any good Acts to be made for the suppressing of Popery, and for the firm setling of the Protestant Religion now established by Law; So He desires that a good Bill may be framed for the better preserving the Book of Common-Prayer from the Scorn and Violence of Brownists, Anabaptists and other Sectaries, with such Clauses for the ease of tender Consciences as His Majestie hath formerly offered.
V. That all such persons as upon the Treaty shall be excepted out of the Generall Pardon shall be tried Per Pares, according to the usuall course and known Laws of the Land, and that it be left to that, either to acquit or condemn them.
VI. And to the Intent this Treaty may not suffer interruption by any intervening accidents, that a cessation of arms and free trade for all His Majesties Subjects may be first agreed upon.
[Page 14] THis offer and desire of His Majestie He hopes will be so cheerfully entertained, that a speedy and blessed Peace may be accomplished. If it shall be rejected, or by insisting upon unreasonable Circumstances be made impossible (which he hopes God in His mercy to this Nation will not suffer) the guilt of the Blood which will be shed, and the desolation which must follow, will lie upon the heads of the Refusers. However His Majestie is resolved, through what Accidents soever He shall be compelled to recover his Rights, and with what prosperous successe soever it shall please God to blesse Him, that by His earnest constant Endeavours to propagate and promote the true Protestant Religion, and by His governing according to the known Lawes of the Land, and upholding the just Priviledges of Parliament, according to His frequent Protestations made before Almighty God, which He will alwayes inviolably observe, the world shall see that he hath undergone all these difficulties and hazards for the Defence and maintenance of th [...]se; The zealous Preservation of which His Majestie well knowes is the onely foundation and means for the true Happinesse of Him and His people.