To the Speaker of the House of Peers, pro | Dominion of Wales, the Islands of Guernsey tempore, to be communicated to the and Jersey, and the Town of Berwick upon Lords and Commons in the Parlia- Tweed. ment of England at Westminster, and the Commissioners of the Parliament of Scotland: Carisbrook-Castle, Dec. 6, 1647. 2. An Act for justifying the Proceedings of Parliament in the late War; and for declaring all Oaths, Declarations, Proclamations, asi other Proceedings against them, to be void. 5. An Act concerning Peers lately made, or hereafter to be made. 4. An Act concerning the Adjournment of both Houses of Parliament. Instructions for Basil Earl of Denbigh, Ed ward Lord Montague, Mr. Bulkley, Mr. Lisle, Mr. Kemp, and Mr. Rober Goodwin, to go with the four BILLS the King. "C. R. Had bis majesty thought it pos‐ sible that his two houses could be employed in things of greater concernment than the Peace! of this miserable distracted kingdom, he would have expected, with more patience, their leisure in acknowledging the receipt of his Message of the 16th of Nov. last. But since there is not in nature any consideration preceding to that of Peace, his majesty's constant tenderness for the welfare of his subjects bath "You, or any three of you, whereof one such a prevalence with him, that he cannot member of the house of peers, and two men forbear the vehement prosecution of a Perso-bers of the house of commons to be preset, nal Treaty; which is only so much the more are to repair to his majesty with these Be desired by his majesty, as it is superior to all and pursue these Instructions: To attend ba other means of Peace. And truly when his majesty for the space of ten days, and no l majesty considers the several complaints heger, and to return back to the said houses t daily hears from all parts of this kingdom, that spectively with his majesty's Answer." trade is so decayed, all commodities so dear, The Lords read all the above mentioned and taxes so insupportable, that even natural Bills twice this day, with the Instructions subsistence will suddenly fail; his majesty, to the Commissioners concerning the manner perform the trust reposed in him, must use his presenting them to the King. On the 144 uttermost endeavours for Peace, though he they were all read a third time, and pass were to have no share in the benefit of it. without any division. But it is remarisha And hath not his majesty done his part for it, that the Instructions only, not the Bills, were by divesting himself of so much power and ordered to be communicated to the Scots Com authority, as by his last Message he hath promissioners for their consent: a circumsta mised to do, upon the concluding of the whole Peace? and hath he met with that acknowledgment from his two houses which this great grace and favour justly deserves? surely the blame of this great retarding of Peace must fall somewhere else than on his majesty.-To conclude: if you will but consider in how little time this necessary good work will be done, if you, the two houses, will wait on his majesty with the same resolutions for Peace as he will meet you, he no way doubts but that you willed the Rights of the Crown, the Solemn Leag willingly agree to this his majesty's earnest desire of a Personal Treaty, and speedily desire his presence amongst you; where all things agreed on being digested into acts, (till when it is most unreasonable for his majesty or his two houses to desire each of other the least concession) this kingdom may, at last, enjoy the blessings of a long-wished-for Peace." Four Bills to be presented to the King for the Royal Assent.] Dec. 11. A message was brought from the house of commons by Mr. Selden, desiring the lords concurrence to four Bills to be presented to his majesty for his royal assent; and in case the lords do agree to the said Bills, then the commons also desire their lordships concurrence to some Instructions as to the manner how they shall be sent to the king. The Titles of the Bills were these: 1. An Act concerning the raising, settling, and maintaining Forces by Sea and Land within the Kingdoms of England and Ireland, and which proved a bone of great contention be and Covenant, Presbyterian Church-Gove "The King," says Hume," in order » Dec. 14. This being the day appointed | municated to any other whatsoever, either in the commons to bring up their Articles of peachment against the Seven Lords; and y not appearing to support their Charge, a amittee of lords was appointed to consider precedents in this case, and to offer someit to the house to prevent the like for the ure. Dec. 15. A report was made to the lords, t the late Instructions were delivered to Members that were appointed to go to King, and also to the Scots Commissioners; latter of whom desired to know what se Bills were that were to be sent : to which was answered, That they had no authority communicate them; whereupon the Scots mmissioners delivered in a Paper desiring to the said Bills. relation to matter or form, before his Answer thereunto given; and that there is nothing contained in any Article of Treaty between the two kingdoms to the contrary. 2. That the two houses baving resolved to send their Commissioners to the King, in the Isle of Wight, on Monday next, with the Bills and Propositions in the Instructions mentioned, according to the same Instructions communicated to the Scots Commissioners; the houses desire that such Propositions as those commissioners shall judge fit and necessary for the kingdom of Scotland, may be prepared, to be sent within the time aforesaid." To these Resolutions the lords agreed. Dec. 17. A long Remonstrance from the Scots Commissioners, against sending the four Dec. 16. A Message was brought from the Bills to the king without their having first pemons by Mr. Selden, to acquaiut their lord-rused them, and given their consent to them, os that the members of their house, who was presented to the house of lords. The of the Committee of both Kingdoms, re- Answer agreed on by both houses to the said ted a Paper, dated the 14th instant, which Remonstrance, was only this: "That the prey received from the Scots Commissioners, sent condition of the affairs of this kingdom, erein it is desired that the Bills which the will not admit of any long delay in sending ses intend to send to the king, may be commissioners of parliament to the King, acmunicated to them; that the commons cording to their Instructions lately communi e passed the following Resolutions by way cated unto your lordships; and therefore the Answer to that Paper, wherein they desired houses are resolved the commissioners shall go ir lordships concurrence; and if their lord-on Monday next. That the Papers from your os do agree, that then they may be delivered The Scots Commissioners this afternoon. That the privilege, right, and custom of the gdom and parliament of England is, that s passed both houses, to be presented to the g for his royal assent, are not to be com 1. the kingdom of Scotland, that it may be ready to be sent at the same time, when the comunissioners of both houses are appointed to go with those things which are to be presented to his majesty in the behalf of the kingdom of Englaud." lordships to the houses are so long, that a present Answer to them cannot be expected from the houses: but the houses will take them into' consideration with all convenient speed; and do not doubt but to clear it to your lordships, and all the world, that they have proceeded therein without any violation of the Treaties; instigation of the Independents and Army, and therefore, they are very sensible that y neglected this offer, and framed four Pro- such aspersious should be laid upon the houses; als, which they sent him as preliminaries; and desire they may be forborne for the future; 1, before they would deign to treat, they and, in the mean time, they have now sent to handed his positive assent to all of theni. offer it to your lordships, if your lordships have one, he was required to invest the parlia-any thing to present to the King, in behalf of at with the military power for 20 years, toher with an authority to levy whatever moshould be necessary for exercising it and n after the 20 years should be elapsed, they erved a right of resuming the same autho', whenever they should declare the safety the kingdom to require it. By the second, Further Orders for abolishing the Observ was to recal all his Proclamations and Deance of Christmas.] Dec. 25. This being rations against the Parliament, and acknow- Christmas-Day botli houses met, as, they had ge that assembly to have taken arms inusually done for some years past. The day ir just and necessary defence. By the third was to annul all the acts, and void all the tents of Peerage, which had passed the great i, since it had been carried from London Lord Keeper Littleton; and, at the same e, renounce for the future the power of king peers without consent of parliament. the fourth, he gave the two houses power adjourn as they thought proper: a demand mingly of no great importance; but conved by the Independents, that they might able to remove the parliament to places ere it should remain in perpetual subjection the Army." before the commons had ordered a Declaration to be forthwith printed and published, "That whereas the house had been informed divers persons, within the city of London and lines of communication, for their obedience to the Ordinance of parliament for non-observance of such days as were usually called Holydays, and for opening their Shops on Christmas-Day and such other Festival Days, had suffered very many and great affronts, abuses, and prejudice," it was ordered, "That the se veral and respective committees of the Militia of London, Westminster, the Hamlets and Bo rough, do take care that no such like disturb ance be made on Christmas-Day by any malignants or others." * Dec. 27. A Letter was brought from the earl of Denbigh, one of the Commissioners sent to the King, dated from Newport, in the Isle of Wight, Dec. 24, importing only, That he, with the rest of the Commissioners, presented the four Bills and Propositions to his majesty, at two that afternoon: That the King was pleased to say, "He was assured they could not expect a present Answer; but he would take the same into consideration, and give his Answer in a few days." 66 | Dec. 31. A third Letter from the earl of Denbigh came to the lords, and was read; int mating only, That he, with the rest of the Commissioners, were on their return from the King, to attend the two houses; and that their lordships and the house of common would sit that afternoon, he might have opportunity to give an Account of the employnic they were pleased to intrust him with. De at Bagshot, Dec. 31, five in the morning. The King's Answer to the four Bills a tempore, to be communicated to The Scots Commissioners Protest, delivered to the King, against the Propositions of Peace.] Dec. 23. Another Letter from the earl of Denbigh was read, inclosing a copy of a Paper from the Scots Commissioners, presented to the king. This is all that is entered in the Journals, relative to this affair, on this day; but two days after, another Entry explains the meaning why these copies are wanting, viz. Resolved, upon the Question, That the Letter of the carl of Denbigh, from the Isle of Wight, and the Paper inclosed, shall be put out of the Journal entered on Tuesday." We may conclude, therefore, that the inclosed Paper was some Protestation of the Scots Commissioners against the four Bills now sent to the King, and which the lords would not honour so much as to give it a place in their Journals. However, this Declaration is preserved in Rushworth's Collections, and Royston's Edition of the King's Works, from which authori-sitions for his consent, the Commissioners 17 ties we give it. "May it please your majesty; There is nothing which we have more constantly endeavoured, and do more earnestly desire, than a good agreement and happy Peace between your majesty and your parliaments of both kingdoms; neither have we left any means unessayed, that, by united councils with the houses of the parliament of England, and by making joint applications to your majesty, there might be a composure of all differences but the new Propositions communicated to us by the houses, and the Bills therewith preIsented to your majesty, are so prejudicial to religion, the crown, and the union and interest of the kingdoms, and so far different from the former proceedings and engagements betwixt the kingdoms, as we cannot concur therein therefore we do, in the name of the kingdom of Scotland, dissent from these Propositions and Bills now tendered to your majesty. Loudon, Lauderdale, Cha. Erskine, Ilen. Kennedy, Robert Barclay." *Instead of the usual Feastings at this season, Mr. Whitlocke informs us, "That some officers kept a Fast; where Cromwell, Ireton, col. Tichburne, and other officers, prayed and exhorted, from Scripture, to unity and obedience to command." This he adds, they did to be re-admitted into the favour of the General and his Council, whom they had slighted. "C. R. The necessity of complying w all engaged interests in these great distemper for a perfect settlement of Peace, his maest finds to be none of the least difficulties he tr met with since the time of his afflictions: wis is too visible, when at the same time that de two houses of the English parliament do pr sent to his majesty several Bills and Pr Scotland do openly protest against them: From the original Edition, printed Il sovereignty, and that without possibility ecovering it, either to him or his successors, ept by repeal of those Bills, but also the ing his concessions guilty of the greatest sures that can be made upon the subject; other particulars, so by giving an arbitrary unlimited power to the two houses for , to raise and levy forces, for land or sea ice, on what persons, without distinction or ty, and to what numbers, they please: likewise, for the payment of them, to levy t monies, in such sort and by such ways means, and consequently upon the estates hatsoever persons, they shall think fit and oint; which is utterly inconsistent with liberty and property of the subject, and his esty's trust in protecting them. So that, e major part of both houses shall think it essary to put the rest of the Propositions Bills, his majesty leaves all the world to ge how unsafe it would be for him to conEthereunto: and if not, what a strange dition, after the passing of these four Bills, majesty and all his subjects would be cast And here his majesty thinks it not unfit wish his two houses to consider well the manof their proceeding; that when his majesty res a Personal Treaty with them for the setg of a Peace, they, in Answer, propose the subject matter of the most essential parts reof to be first granted: a thing which will be dly credible to posterity. Wherefore his esty declares,That neither the desire of being ed from this tedious and irksome condition of his majesty hath so long suffered, nor the rehension of what may befall him, in case his houses shall not afford him a Personal Treashall make him change his resolution of not senting to any act till the whole Peace be cluded. Yet then he intends not only to just and reasonable satisfaction in the ticulars presented to him, but also to make d all other concessions mentioned in his ssage of the 17th Nov, last; which he ught would have produced better effects what he finds in the Bills and Propositions presented unto him. And yet his majesty not give over, but now again earnestly pressfor, a Personal Treaty, (so passionately is affected with the advantages which Peace bring to his majesty and all his subjects) hich he will not at all despair, there being other visible way to obtain a well-grounded ce: however, his majesty is very much at within himself, for having fulfilled the jes both of a Christian and of a King; and patiently wait the good pleasure of Alhty God, to incline the hearts of his two ses to consider their king, and to compasate their fellow-subjects miseries. Given at isbrook-Castle in the Isle of Wight, Dec. 1647." be lords, after reading this message, orderhat the earl of Denbigh should have thanks n him for his prudence and faithfulness in carriage of this business; and desired that ordship would put down the particulars he mentioned in writing. Ordered also that the King's Message should be taken into consider ation the next morning. A strict Guard ordered to be kept over the King.] January 1. The lords passed a Vote of Approbation of sir Tho. Fairfax's conduct in relation to the King; and that he be desired to take special care, by his orders, for securing the person of his majesty. They likewise ordered a Letter to be sent to col. Hammond, authorizing and requiring him to keep a strict Guard over the King, and that he do obey such orders and directions therein as he shall receive from the General or both houses of parliament. Order of the Commons for laying down their Privileges.] Jan. 4. The commons having voted and passed a very great business in regard to the King, which immediately follows, applied themselves to make some salutary Orders and Ordinances, in respect to the public, and the general good of the nation. They first appointed a very great Committee of their house, to consider of such Grievances as had been promised to the people to be redressed; and to give such ease to their burdens, their freedoms and liberties, as was fitting. They were also to consider of reforming the Courts of Justice and Proceedings at Law, Matters of Trade, and all other things of public concernment, which they might hold fit to be done for the good and weal of the people. This Commit tee were ordered to prepare Bills or Ordinan'ces on these matters, and present them to the house; and, in order to begin this good work well and at the right end, they first made a reformation in their own house, by passing the following Order concerning the Members of it laying down their Privileges: "The commons, in this present parliament assembled, having a tender regard to the general good of this kingdom, and considering the many weighty affairs which have prolonged this present session of parliament; during which time by reason of the Privileges of parliament, the prosecution of just suits may be too much delayed; for the present remedy thereof, the said commons, being willing to forbear, for some time, their own interest and privilege, for the public good; do order, and be it ordered by the commons in this present parliament assembled, That no person or persons, under the authority of the said house, except the members thereof, shall, from the 20th of this instant Jan. 1647, during this present session of parliament, have any protection or immunity, by reason of any privilege of the said house of parliament, or derived from the Members thereof, or any of them, in any action or suit for debt, or any action or suit grounded upon any right or title to any lands, tenements, or hereditaments; or upon any contract upon borrowing or lending, or buying or selling; or grounded upon any security given, or to be given, by lease, mortgage, or otherwise, for any sum or sums of money. And it is hereby further ordered, during this 1 present session of parliament, in the cases aforesaid, That the Members of the said house of parliament, and every of them, their lands, tenements, hereditaments, goods and chattels, shall be subject to any action, suit, process, execution, decree, or other demand whatsoever, in law or equity, (so that the same extend not to the imprisonment or arrest of the person) or to prosecution upon any penal law. And be it further ordered, That every member of this house, having process delivered him for appearance in the cases aforesaid, do accordingly make his appearance; or, in default, this house, on complaint thereof, will take such course therein, as to justice shall appertain." Votes passed by both Houses against any further Addresses to the King.] On the same day, the lords received a Message from the commons, by Mr. Lisle and others, along with some Votes that had passed their house, against any farther Address or Application to the King, which were read; but as these Votes were of the utmost importance, their lordships appointed the 8th instant to take them into consideration; and all the lords, in and about the town, were ordered to attend the service of the house that day, without any excuse or delay. Jan. 7.. The lords ordered that Mr. Marshall and Mr. Calamy do attend that house the next morning at 9 o'clock, to seek God by Prayer, before their lordships begin with the great business of the day: but there not then being such an appearance of lords as was expected, the affair was again put off to the 13th; and an Order was made for summoning the absent peers to attend on that day, and not to depart without leave. Accordingly, Jan. 13. The last Votes of the commons were again taken into consideration, and they were first read in gross, and then each Vote! distinctly. The house being adjourned into a committee during pleasure, so long a debate ensued thercon that the lords could not conclude the matter on this day, but ordered it to be renewed the first business the next morning. Jan. 14. The lords went again upon this affair; and the first Vote being read, the house adjourned into a committee, when another debate arose upon it, which continued so long that all the lords could determine upon this day also, was to appoint a Committee to consider of, and offer something to the house upon, these debates. matter of safety and security to the parliamen and kingdom, referring the composure of • other differences to a Personal Treaty = his majesty; and having received an absoluz negative, do hold themselves obliged to ve their utmost endeavours speedily to settle present government in such a way as m bring the greatest security to this kingdom: the enjoyment of the laws and liberties therof; and in order theremuto, and that t houses may receive no delays nor interruption, in so great and necessary a work, they ha taken these Resolutions, and passed the Votes, viz. 1. That the lords and comme do declare that they will make no further A/ dresses or Application to the King. 2. T no Application or Addresses be made to de King, by any person whatsoever, without the leave of both houses. 3. That the person a persons that shall make breach of this Orde shall incur the penalties of high treason. 1 That the two houses declare they will recen no more any Message from the King; and enjoin that no person whatsoever do pres to receive or bring any Message from the L to both or either of the houses of parliamen, or to any other person." It is remarkable that there were hat m lords, the earls of Warwick and Mancheste that entered their Protest against concen with the house of commons in these Vo and this they did without assigning any reas for their dissent; but only, as the custom and more antiently was, to ask leave of t house, before the putting of the question, enter their Dissent if the question was cartal against them. The same day the commons agreed to the f going Preamble, and sent to the lords twe O ders in consequence of the former Votes, w their lordships read and agreed to. 1.» The this Declaration and these Resolutinos sul be forthwith printed and published, that the several knights of shires, and id gesses that serve for the several towns places, do send copies of the same to tut several counties and places. 2. That whi soever person shall act contrary to this Deci ration and Resolutions of parliament, or st incite or encourage other persons so to shall, upon due proof thereof be suprismat and his estate sequestered; and the ofen in the premises, after publication hereof, shal be within the several Ordinances for Sepete tions; and all commissioners and comme of sequestrations are hereby authorized s required to take notice hereof, and procentu sequestration accordingly." Jan. 15. The lords being met, and some other business done, the earl of Denbigh re'ported a Paper from the Committee appointed Debate on the foregoing Votes in the Har the day before, containing this Preamble to of Commons.] Notwithstanding the sel the Votes brought up from the house of com- days debate in the house of lords, upon mons" The lords and commons assembled Votes against any further Addresses or A in parliament, after many Addresses to his ma-plication to the King, we do not meet with men jesty for the preventing and ending of this unnatural war raised by him against his parliament and kingdom, having lately sent four Bills to his majesty, which did contain only account of the arguments urged in that hose pro or con, upon this most important quest but a contemporary writer, and a mexi of the house of commons at this time, inform |