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 1, 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, 69. THE VOTE OF NO ADDRESSES. [January 17, 164. 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 1 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 wicked 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, are hereby authorised and required to be aiding and assisting unto the said Court in the due execution of the trust hereby committed unto them; provided that this Act, and the authority hereby granted, do continue in force for the space of one month from the date of the making thereof, and no longer. 71. THE AGREEMENT OF THE PEOPLE. [January 15 1, 1648. Old Parliamentary History, xviii. 519. See Masson's Life of Milton, iv. 7.] An Agreement of the people of England, and the places therewith incorporated, for a secure and present peace, upon grounds of common right, freedom and safety. Having, by our late labours and hazards, made it appear to the world at how high a rate we value our just freedom, and God having so far owned our cause as to deliver the enemies thereof into our hands, we do now hold ourselves bound, in mutual duty to each other, to take the best care we can for the future, to avoid both the danger of returning into a slavish condition and the chargeable remedy of another war for as it cannot be imagined that so many of our countrymen would have opposed us in this quarrel if they had understood their own good, so may we hopefully promise to ourselves, that when our common rights and liberties shall be cleared, their endeavours will be disappointed that seek to make themselves our masters. Since therefore our former oppressions and not-yet-ended troubles, have been occasioned either by want of frequent national meetings in council, or by the undue or unequal constitution thereof, or by rendering those meetings ineffectual, we are fully agreed and resolved, God willing, to provide, that hereafter our Representatives be neither left to an uncertainty for times nor be unequally constituted, nor made use The Agreement of the People was originally drawn up in October 1647, Thomasson's date of purchase being November 3, 1647 (Civil War Tracts, Brit. Mus. Press Mark 412, 21). It is here printed with the subsequent modifications, as presented to the House of Commons on January 20. The petition which accompanied it (Old Parl. Hist. xviii. 516) was dated January 15, and that may therefore be taken as the date when the Agreement received the final approbation of the Council of the Officers. less to the ends for which they are intended. In order whereunto we declare and agree, First, that, to prevent the many inconveniences apparently arising from the long continuance of the same persons in supreme authority, this present Parliament end and dissolve upon, or before, the last day of April, 1649. Secondly, that the people of England (being at this day very unequally distributed by counties, cities, and boroughs, for the election of their Representatives) be indifferently proportioned; and, to this end, that the Representative of the whole nation shall consist of 400 persons, or not above; and in each county, and the places thereto subjoined, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned, viz. KENT, with the Boroughs, Towns, and Parishes therein, except such Canterbury, with the Suburbs adjoining and Liberties thereof. The Cinque Ports in Kent and Sussex, viz. Dover, Romney, Hythe, SUSSEX, with the Boroughs, Towns, and Parishes therein, except Chichester, with the Suburbs and Liberties thereof SOUTHAMPTON COUNTY, with the Boroughs, Towns, and Parishes Winchester, with the Suburbs and Liberties thereof DORSETSHIRE, with the Boroughs, Towns, and Parishes therein, except Dorchester DEVONSHIRE, with the Boroughs, Towns, and Parishes therein, except such as are hereunder particularly named Exeter Plymouth. Barnstaple CORNWALL, with the Boroughs, Towns, and Parishes therein SOMERSETSHIRE, with the Boroughs, Towns, and Parishes therein, ex- Taunton-Dean WILTSHIRE, with the Boroughs, Towns, and Parishes therein, except BERKSHIRE, with the Boroughs, Towns, and Parishes therein, except ΙΟ 2 I 3 I I I 7 I 12 2 2 I 831 7 I Reading Reading 5 I |