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That a considerable and competent number of Scotsmen' be upon His Majesty's Council, and his successors' in England, and so reciprocally the same number of Englishmen upon His Majesty's Council in Scotland. That Scottish men according to the number and proportion (of a third part in number and quality be employed) in places of trust and offices about His Majesty's person, the Queen's Majesty, the Prince and the rest of the royal issue, and their families in all time coming,
That His Majesty and the Prince, or at least one of them, shall reside in Scotland frequently as their occasions can permit—whereby their subjects of that kingdom may be known unto them 3.
68. THE KING'S REPLY TO THE FOUR BILLS AND THE
ACCOMPANYING PROPOSITIONS. [December 28, 1647. Old Parliamentary History, xvi. 483. See Masson's
Life of Milton, iii. 584.] For the Speaker of the Lords' House pro tempore, to be communicated to the Lords and Commons in the Parliament of Westminster, and the Commissioners of the Parliament of Scotland.
Charles Rex. The necessity of complying with all engaged interests in these great distempers, for a perfect settlement of peace, His Majesty finds to be none of the least difficulties he hath met with since the time of his afflictions; which is too visible, when at the same time that the two Houses of the English Parliament do present to His Majesty several Bills and Propositions for his consent, the Commissioners for Scotland do openly protest against them : so that were there nothing in the case but the consideration of that difference, His Majesty cannot imagine how to give such an answer to what is now proposed, as thereby to promise himself his great end, a perfect peace.
| This originally stood: “That Scottish men at least to the number of the third part.
? The words in brackets are inserted in the margin in Charles's hand, instead of aforesaid,' &c.
3 This additional Agreement was sealed with Charles's signet. It was originally dated Carisbrook, 26 Dec. 1647, but the date is scratched out. Lauderdale told Burnet of its existence. Hyde wrote on the back of his copy of the Engagement (Clar. MSS. 2685), that these terms occur in a copy in the possession of Lord Culpepper which he saw, but of which he was not allowed to take a copy. He also states that they did not occur in the copy in the hands of Prince Rupert.
And when His Majesty further considers how impossible it is, in the condition he now stands, to fulfil the desires of his two Houses, since the only ancient and known ways of passing laws are either by His Majesty's personal assent in the House of Peers, or by commission under his Great Seal of England, he cannot but wonder at such failings in the manner of address which is now made unto him ; unless his two Houses intend that His Majesty shall allow of a Great Seal made without his authority, before there be any consideration had thereupon in a Treaty, which as it may hereafter hazard the security itself, so for the present it seems very unreasonable to His Majesty. And though His Majesty is willing to believe that the intention of very many in both Houses in sending these Bills before a treaty was only to obtain a trust from him, and not to take any advantage by passing them, to force other things from him, which are either against his conscience or honour; yet His Majesty believes it clear to all understandings, that these Bills contain, as they are now penned, not only the divesting himself of all sovereignty, and that without possibility of recovering it, either to him or his successors, except by repeal of these Bills, but also the making his concessions guilty of the greatest pressures that can be made upon the subject; as in other particulars, so by giving an arbitrary and unlimited power to the two Houses for ever, to raise and levy forces for land and sea service, on what persons, without distinction or quality, and to what numbers, they please : and likewise, for the payment of them, to levy what monies, in such sort, and by such ways and means, and consequently upon the estates of whatsoever persons they shall think fit and appoint, which is utterly inconsistent with the liberty and prosperity of the subject, and His Majesty's trust in protecting them. So that, if the major part of both Houses shall think it necessary to put the rest of the Propositions into Bills, His Majesty leaves all the world to judge how unsafe it would be for him to consent thereunto ; and if not, what a strange condition, after the passing of these four Bills, His Majesty and all his subjects would be cast into.
And here His Majesty thinks it not unfit to wish his two Houses to consider well the manner of their proceeding; that when His Majesty desires a personal treaty with them for the settling of a peace, they in manner propose the very
subject matter of the most essential parts thereof to be first granted, a thing which will be hardly credible to posterity, Wherefore His Majesty declares, that neither the desire of being freed from this tedious and irksome condition of life His Majesty hath so long suffered, nor the apprehension of what may befall him, in case his two Houses shall not afford him a personal treaty, shall make him change his resolution of not consenting to any Act till the whole peace be concluded.
Yet then he intends not only to give just and reasonable satisfaction in the particulars presented to him, but also to make good all other concessions mentioned in his message of the 17th of November last ', which he thought would have produced better effects than what he finds in the Bills and Propositions now presented unto him.
And yet His Majesty cannot give over, but now again earnestly presseth for a personal treaty (so passionately is he affected with the advantages which peace will bring to His Majesty and all his subjects), of which he will not at all despair, there being no other visible way to obtain a wellgrounded peace: however, His Majesty is very much at ease within himself, for having fulfilled the offices both of a Christian and of a King; and will patiently wait the good pleasure of Almighty God, to incline the hearts of his two Houses to consider their King, and to compassionate their fellow subjects' miseries.
Given at Carisbrook Castle in the Isle of Wight,
December 28, 1647.
[January 17, 1643. Old Parliamentary History, xvi. 489. See Masson's
Life of Milton, iii. 585.] The Lords and Commons assembled in Parliament, after many addresses to His Majesty 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 matter of safety and security to the Parliament and kingdom, referring the composure of all other differences to a personal treaty with His Majesty ; and having received an absolute negative, do hold themselves obliged to use their utmost endeavours speedily to
i No. 64.
settle the present government in such a way as may bring the greatest security to this kingdom in the enjoyment of the laws and liberties thereof; and in order thereunto, and that the House may receive no delays nor interruptions in so great and necessary a work, they have taken these resolutions, and passed these votes, viz. :
1. That the Lords and Commons do declare that they will make no further addresses or applications to the King.
2. That no application or addresses be made to the King by any person whatsoever, without the leave of both Houses.
3. That the person or persons that shall make breach of this order shall incur the penalties of high treason.
4. That the two Houses declare they will receive no more any message from the King; and do enjoin that no person whatsoever do presume to receive or bring any message from the King to both or either of the Houses of Parliament, or to any other person.
70. THE ORDINANCE ERECTING A HIGH COURT OF JUSTICE
FOR THE KING'S TRIAL.
[Passed the Commons January 8, 1648. Old Parliamentary History, xviii.
489. See Masson's Life of Milton, iii. 702.] Whereas it is notorious that Charles Stuart, the now King of England, not content with the many encroachments which his predecessors had made upon the people in their rights and freedom, hath had a wieked design totally to subvert the ancient and fundamental laws and liberties of this nation, and in their place to introduce an arbitrary and tyrannical government, and that besides all other evil ways and means to bring his design to pass, he hath prosecuted it with fire and sword, levied and maintained a civil war in the land, against the Parliament and kingdom ; whereby this country hath been miserably wasted, the public treasure exhausted, trade decayed, thousands of people murdered, and infinite other mischiefs committed ; for all which high and treasonable offences the said Charles Stuart might long since have justly been brought to exemplary and condign punishment : whereas also the Parliament, well hoping that the restraint and imprisonment of his person, after it had pleased God to deliver him into their hands, would have quieted the distempers of the kingdom, did forbear to proceed judicially against him, but found,
by sad experience, that such their remissness served only to encourage him and his accomplices in the continuance of their evil practices, and in raising new commotions, rebellions and invasions : for prevention therefore of the like or greater inconveniences, and to the end no Chief Officer or Magistrate whatsoever may hereafter presume, traitorously and maliciously, to imagine or contrive the enslaving or destroying of the English nation, and to expect impunity for so doing; be it enacted and ordained by the (Lords) and Commons in Parliament assembled, and it is hereby enacted and ordained by the authority thereof, that the Earls of Kent, Nottingham, Pembroke, Denbigh and Mulgrave, the Lord Grey of Wark, Lord Chief Justice Rolle of the King's Bench, Lord Chief Justice St. John of the Common Pleas, and Lord Chief Baron Wylde, the Lord Fairfax, LieutenantGeneral Cromwell, &c. (in all about 150), shall be and are hereby appointed and required to be Commissioners and Judges for the hearing, trying and judging of the said Charles Stuart; and the said Commissioners, or any twenty or more of them, shall be, and are hereby authorised and constituted an High Court of Justice, to meet and sit at such convenient times and place as by the said Commissioners, or the major part, or twenty or more of them, under their hands and seals, shall be appointed and notified by proclamation in the Great Hall or Palace-Yard of Westminster; and to adjourn from time to time, and from place to place, as the said High Court, or the major part thereof, at meeting shall hold fit; and to take order for the charging of him, the said Charles Stuart, with the crimes and treasons above mentioned, and for receiving his personal answer thereunto, and for examination of witnesses upon oath (which the Court hath hereby authority to administer) or otherwise, and taking any other evidence concerning the same ; and thereupon, or in default of such answer, to proceed to final sentence according to justice and the merit of the cause ; and such final sentence to execute, or cause to be executed, speedily and impartially.
And the said Court is hereby authorised and required to choose and appoint all such officers, attendants and other circumstances as they, or the major part of them, shall in any sort judge necessary or useful for the orderly and good managing of the premises; and Thomas Lord Fairfax the General, and all officers and soldiers under his command, and all officers of justice, and other well-affected persons,