THE PROTESTATION Taken by The Commissioners OF CORNWALL and DEVON, at Stone-House near Plymoth, on the 5. of MARCH. 1642.  
WITH Their PROPOSITIONS, REPLIES, and ANSWERS.  
Printed in the year 1642.   

The Protestation Taken by the Commissioners of Cornwall and Devon at Stone-house near PLYMOUTH, on the fifth of March. 1642.  
With their PROPOSITIONS, REPLIES and ANSWERS.  
I A. B. solemnly Vow and Protest in the presence of Almighty God, that I did not only come a Commissioner into this Treaty with a hearty and fervent desire of concluding on honourable and firm peace between the two Counties of Cornwall and Devon, but also will to the utmost of my power prosecute, and really endeavour to accomplish and effect the same, by all the lawful ways and means I possibly can; first by maintaining the Protestant Religion established by Law in the Church of England, the just Rights and Prerogatives of our Sovereign Lord the King, the just Privileges and Freedom of Parliament, together with the liberty of the Subject, and that I am without any intention by fomenting this unnatural War, to gain or hope to advantage myself with the real or personal estate of any person whatsoever, or obtaining any office, command, title of Honour, benefit, or reward, either from the King's Majesty, or both or either Houses of Parliament now assembled; And this I take in the presence of Almighty God, and as I shall answer the same at his Tribunal, according to the literal sense, and meaning of the foregoing words, without any equivocation, Mental reservation, or Evasion whatsoever, so help me God.  

Articles propounded by the Commissioners of Cornwall and Devon.  
THat it may clearly appear to all the world, who are the faithful followers of the Protestation by us taken, and sworn, and by the Evangelist confirmed by the receiving of the holy Sacrament. And who that breaks, we desire that the said Protestation, together with the Articles may be freely and truly published in all the the parish Churches, and all the Market towns upon their Market days in both counties, without any alteration, either in writing, reading, or publishing the same.  

I.  
That the Book of Common-Prayer, Administration of the Sacrament, doctrine and discipline of the Church of England, formerly established by lawful Authority for the true and sincere worship of God, be duly and truly observed in all parishes in both Counties, until the discipline be altered by such Authority as it was first established, and that all the infringers, and depravers of the same, either Clergy or Laity, be duly proceeded against, and punished according to the known laws of the land.   

II.  
That the common and Statute-Laws of the Realm of England be put duly in execution against all offenders, and violaters of the same in either county, according to the usual legal course, as hath been anciently accustomed.   

III.  
That all trade, traffic, and free commerce be free, and open between both counties as heretofore, in the most best and peaceable times hath been.   

iv  
That no man in his person estate or goods be arrested, imprisoned, detained, outed or dispossessed, or any be molested by any Power or Authority whatsoever; without due process or proceed, according to the known laws of the land.   

V  
That all new erected fortifications and set-guards within the city of Exon, and in and upon all the Towns, Outlands, Castles, and Passages, within the county of Cornwall and Devon, be within _____ days removed, and slighed at the cost and charges of the Erectors and Maintainers of the same: and no wise maintained to the terror or affrightment of His Majesty's Subjects of either county, and that His Majesty's Castles, Forts, and other ancient and usual places of command be put into the same hands, and custody that they were before these unhappy differences, and assurance given for the maintenance thereof, without any addition or alteration; and that all Arms and Ammunition of any person or persons whatsoever in either county, that have been taken not in fight, battle, or skirmish, be again restored in kind or value to the true owners.   

VI  
That all troops and companies of horse and foot, be within _____ days either disbanded, or quitted both counties and the city of Exon.   

VII.  
That all Forces of horse and foot, in the quitting both counties may march and pass peaceably with their Arms, Ammunition, Artillery, and Carriages through the same; paying truly and justly for such provision, or other necessaries as they shall have need of, after the rate of four pence a meal; and be provided for by the county as they pass, in quitting both counties within the time limited in the present Article.   

VIII.  
That all men, both Clergy and Laity, may return peaceably and quietly into their own houses or places of abode, without let or persecution for any offence past, expecting a general pardon, or some other conclusion of these unhappy differences by the King and both Houses of Parliament, and in the mean time to demean themselves in Speech, Action, and Function, conformably to the laws established.   

IX.  
That all plundered goods of whatsoever kind that shall be found not taken in Battle, be again delivered to the true owners.   

X.  
That all Gentlemen that have been taken prisoners on either party in Battle or otherwise, be within _____ days delivered up and set at liberty.   

XI.  
That we unanimously join together in a Petition to the King, and both Houses of Parliament for the settling a General Peace throughout the whole Kingdom, and confirmation of these Articles.   

XII.  
For the conclusion of Peace.    

Answers to the Articles propounded by the Commissioners of Cornwall to those of Devon.  
THe Preamble or the like in substance with some necessary alteration, we will assent to be used, and put in the head of the Articles that shall be hereafter agreed between us.  
To the first Artile we say, we approve of the use of the Common Prayer, and of the discipline of the Church of England established by law in such manner as His Majesty, and the Houses of Parliament have severally declared, and we assent that all depravers of the same be duly proceeded against according to the law.  
To the second we wholly agree.  
The third Article is likewise approved, including the city and county of Exon, we desire that all things be done according to law, preferring the judgement thereof to those that ever had and aught to have the power of declaring of it.  
To the fifth we say, our fortifications are for defence, and cannot be a terror to other counties; Exeter and Plymouth make them by Authority of Act of Parliament, and Charters, other towns do it by Authority of this present Parliament, His Majesty's Forts are better garrisoned in these trouble-sometimes by His Majesty's express command, and cannot be safely reduced to the condition they were in before these differences, until there be peace in England and Ireland, we are only careful in this cause, that while we endeavour the peace of both counties, we expose not those places to the enemies of both works, upon Bridges, and Passages, upon the Borders of both Counties, we assent to be slighted for Arms, and Ammunition taken, or lent, there shall be satisfaction given; except for such as have been taken in War, or from delinquents against the Parliament.  
To the sixth we say, that all Forces of horse and foot cannot safely be disbanded, during the stir and warlike Motion of other counties bordering upon Devon, and not upon Cornwall.  
To the seventh we cannot assent, in regard of our association with other counties, which we resolve to observe, as we do with you.  
To the eighth Article we fully agree, for the Inhabitants of Devon and Cornwall, and the city of Exon, so as they go with a retinue performed with their condition in a peaceable manner.  
To the ninth, we also agree.  
To the tenth, we allow of this delivery of all Prisoners now within both these Counties, and the City of Exeter, of others we have no power.  
To the eleventh, we shall willingly join in a Petition to His Majesty and both Houses of Parliament, for settling a peace throughout the whole Kingdom.   

The reply of the Cornish Commissioners.  
We consent to any reasonable necessary alteration in the preamble, if His Majesty and both Houses of Parliament send all Declarations, you explain to be any Act or Acts of Parliament, we are satisfied with your Answer; otherwise, if it be by the King alone, or either or both Houses only, we take it not sufficient to bind the Subject.  
To the second and third we have no cause to reply.  
4. Having granted the second, we marvel why you should seem to deny the fourth, being but a branch of the second, and a part of Magna Charta, the judgement whereof in point of alteration or declaration can be referred to none, but an Act of Parliament.  
To the fifth, we say that the fortifications and terrors of the neighbours against law, and prejudicial to the peace of the Counties, we desire to see the Act of Parliament and Charter you mention, and those commands of His Majesty, and to know whether His Majesty's Forts be kept for His Majesty's use, for if otherwise, His Majesty is dispossessed of His right, and the Charter's wronged; for by the Law no such Fort or Castle can be kept against His Majesty; we do not know that the Houses have any Authority, any Town, without an Act of Parliament; we conceive it not sufficient answer for the taking any man's goods, and say he is a Delinquent against the Parliament, except you show what law he hath broken, and likewise by the ordinary course of justice.  
To the sixth, as long as there is an Army in the County, there can be no assurance of peace to either County; and it is against the Law, the peace of the Kingdom, and the Oath of Allegiance, for Subjects to be in Arms without authority derived from His Majesty.  
By our dissent to the seventh, you disable yourselves to perform that now which you have taken for the peace of the Counties, and impose us a necessity of retaining men at Arms amongst us, which, (we desiring the peace of both Counties) desire to be freed of, and they are likewise willing to pass through your County without the disturbance of the peace thereof, and paying for what they take, and if by your Association, you have so fare engaged yourselves as you cannot make a perfect peace with us, we conceive you therein broke your Protestation.  
To the eighth and ninth we take no exception.  
To the tenth we conceive, there is more cause to demand such Prisoners as you have illegally taken & sent away, then for you to have such from us as have been lawfully taken in battle, or otherwise offending the laws.  
To the eleventh, if the peace of the Kingdom be not settled, though we hearty wish and pray for it, yet we desire for the peace of these two Counties, that our conclusion may be confirmed by the King and both Houses of Parliament.   

Replies to the Answers of Cornwall.  
To the first, we do willingly embrace the Answer to the first Proposition as we apprehend it, and if we differ not in the exposition of some words and clauses we shall fully agree.  
To the second, we afferre ourselves to the Answer to the tenth Article.  
To the third, we say that this Answer differs much from, and comes fare short of your ninth Proposition.  
To the fourth, we refer ourselves to our Answer to the eighth Article.  
To the fifth, we agree according to our Answer to the first Article.  
To the sixth, against this we have nothing to reply.   

Propositions made by the Commissioners of Devon to those of Cornwall.  

I.  
THat a mutual assurance be given that they will not invade each other, but will unite against all invaders whatsoever of either, and that all honest ways and means shall be used to preserve the peace of both Counties, and to revive the ancient affection which hath been between them, and that what person soever, under what pretence soever shall strive or endeavour to do contrary hereunto, shall be held an enemy unto both Counties.   

II.  
That all Prisoners one both sides taken in, and by occasion of the War in these Counties, and now remaining in durance of either of these Counties, be freely discharged, and that no more be hereafter taken, by virtue or colour of this War.   

III.  
That there be a free discharge of all Ships and goods, now detained in all and every the houses of these Counties, and hence forth a free commerce and trade between them, as in times passed before these unhappy differences.   

iv  
That all the Gentlemen, Ministers, and others, that have been driven from, or left their habitations in either of these Counties be permitted to return in safety, and not be molested nor troubled, and the Ministers quietly to enjoy their places, and go on in their ministry.   

V  
That the Sheriffs and Justices of peace in both Counties take care, that no act of contempt, reproach or scandal be done, or suffered to be done in opposition or contempt of the King, or this present Parliament, or the book of Common prayer, contrary to their late Protestation taken by order of the Parliament, and that if any Minister or other shall do contrary hereunto, he shall be brought to just punishment.   

VI  
That to the utmost of our powers, we shall endeavour to maintain the Protestant Religion, and oppose all Papists and adherents.  
THese Propositions with the Answers and Replies were discussed at Mount Edgcombe house, adjacent on the farther side of Crimwell passage, about two or three days after the taking of the foregoing solemn Protestation, confirming their integrity by the receiving of the holy Sacrament, at a place called Stonehouse, half a miles distance from Plymouth, Doctor Aaron Wilson preaching in the forenoon, and one Master Jelinger in the afternoon, but while they were thus labouring to unite these two disjointed Counties, Cornwall and Devon, an unhappy accident intercepted their desires, and abrupted their joyful meeting, that they could come to no agreement, but adjourned their meeting at E●on● on Wednesday the 15. of March, where the Cornish Commissioners, according to their agreement, repaired: but beyond their expectation were prevented from their coming into the City, by reason of a Petition presented to my Lord of Stamford, by a company of zealous, holy, religious women; That Petition being granted: the place of meeting generally agreed one, was at the sign of the Ship in Exbridge, where the Commissioners on both sides sat about two days and debated the same Propositions, but at last broke off, and prorogued their meeting on Wednesday next at Stonehouse, and on Thursday next to Mount Edgcombe house, where I beseech God that they may come to a happy agreement, and that they may settle these unhappy differences, which if not timely prevented, will be to the ruin of both these Counties. God in his mercy prevent them.    


The names of the Commissioners for Cornwall.  
Sir Nicholas Flanning.  
William Curriton.  
William Scoone.  
Pearce Edgcombe.  
Francis Basset.  
Charles Trenanian.  
William Turteny.  
John Ackland.  
William Tothill.   
There came hither of these but the four first and the two last.  

The names of the Devonshire Commissioners.  
Baronet Northcot.  
Baronet Bampfield.  
Baronet Poole.  
Sir Edmond Vowel.  
Sir Nicholas Martin.  
Colonel Butter.  
Captain Carew.  
Master Trefuses.    
FINIS.