HIS MAJESTY'S PROPOSITIONS To the Lords at York. Also Proposition made by both Houses of PARLIAMENT. to the King's MAJESTY The Declaration of both houses of Parliament to his Majesty concerning the Militia. june 20. And now Printed by Order, with the former faults amended. Hen. Elsing. Cler. Par. D. Com. Likewise the Lord Pagets Letter to the Honourable House of PARLIAMENT. The Earl of Bristole Speech in the High Court of parliament. LONDON, Printed june the 20. for William Gey 1642. YOur Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament, having nothing in their thoughts and desires more precious, and of higher esteem (next to the honour and immediate service of God) than the just and faithful performance of their duty to your Majesty and this Kingdom; And being very sensible of the great distractions, and distempers and of the imminent dangers and calamities which those distractions, and distempers are like to bring upon your Majesty and your Subjects, all which have proceeded from the subtle insinuations, mischievous practices, and evil Counsels of men disaffected to God's true Religion, your Majesty's honour and safety, and the public peace and prosperity of your people. After a serious observation of the causes of those mischiefs, do in all humility and sincerity present to your Majesty their most dutiful Petition and advise, that out of your Princely wisdom, for the establishing your own honour and safety, and gracious tenderness of the welfare of your Subjects and Dominions, you will be pleased to grant and accept these their humble desires and propositions, as the most necessary effectual means, through God's blessing, of removing those jealousies and differences which have unhappily fallen betwixt you and your people and procuring both your Majesty and them a constant course of honour, peace, and happiness. 1. That the Lords and other of your Majesty's Privy Counsel, and such great Officers and Ministers of State, either at home or beyond the Seas, may be put from your Privy Council, and from those Offices and employments, excepting such as shall be approved of by both houses of Parliament. And that the persons put into the places and employments of those that are removed, may be approved of by both Houses of Parliament. And that all Privy Counsellors shall take an Oath for the due execution of their places, in such form as shall be agreed upon by both Houses of Parliament. 2. That the great affairs of this Kingdom may not be concluded or transacted by the advice of private men, or by any unknown, or unsworne Counselors; but that such matters as concern the public, and are proper for the high Court of Parliament, which is your Majesty's great and supreme Counsel, may be debated, resolved, and transacted only in Parliament, and not elsewhere; And such as shall presume to do any thing to the contrary, shall be reserved to the censure and judgement of Parliament; and such other matters of State as are proper for your Majesty's privy Counsel, shall be debated and concluded by such of the Nobility and others as shall from time to time be chosen for that place by approbation of both Houses of Parliament; And that no public Act concerning the affairs of the Kingdom, which are proper for your privy Counsel, may be esteemed of any validity as proceeding from the royal Authority, unless it be done by the advice and consent of the major part of your Council attested, under their hands. And that your Council may be limited to a certain number, not exceeding twenty-five, nor under fifteen. And if any Councillor's place happen to be void in the Intervals of Parliament, it shall not be supplied without the assent of the major part of the Council, which choice shall be confirmed at the next sitting of the Parliament, or else to be void. 3. That the Lord high Steward of England, Lord high Constable, Lord Chancellor, or Lord Keeper of the great Seal, Lord Treasurer, Lord Privy Seal, Earl Martial, Lord Admiral, Warden of the Cinque Ports, chief Governor of Ireland, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, two chief Justices and chief Barons, may always be chosen with the approbation of both Houses of Parliament: And in the Intervalles of Parliament by assent of the the Major part of the Council, in such manner as is before expressed in the choice of Councillors. 4. That he or they unto whom the Government and education of the King's Children shall be committed shall be approved of by both Houses of Parliament, and in the intervals of Parliaments, by the assent of the mayor part of the Counsel, in such manner as is before expressed in the choice of Counsellors; And that all such servants as are now about them, against whom both Houses shall have any just exception, shall be removed. 5. That no Marriage shall be concluded, or treated for any of the King's Children, with any foreign Prince, or other person whatsoever abroad, or at home, without the consent of Parliament, under the Penalty of a praemunire unto such as shall so conclude, or treat any Marriage as aforesaid, and that the said penalty shall not be pardoned, or dispensed with, by the consent of both Houses of Parliament. 6. That the Laws in force against Jesuits, Priests, and Popish Recusants, be strictly put in execution, without any toleration, or dispensation to the contrary; And that some effectual course may be enacted, by authority of Parliament, to disable them from making any disturbance in the State, or eluding the Law by trusts or otherwise. 7. That the Votes of Popish Lords in the House of Peers may be taken away, so long as they continue Papists. And that His Majesty would consent to such a Bill as shall be drawn for the education of the Children of Papists by Protestants, in the Protestant Religion. 8. That your Majesty will be pleased to consent that such a reformation be made of the Church-governement, and Liturgy, as both Houses of Parliament shall advise, wherein they intent to have consultations with Divines, as is expressed in their Declaration to that purpose. And that your Majesty will contribute your best assistance to them, for the raising of a sufficient maintenance for Preaching Ministers through the Kingdom. And that your Majesty will be pleased to give your consent to Laws, for the taking away of innovations, and superstition, and of Pluralities, and against scandalous Ministers. 9 That your Majesty will be pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the Militia, until the same shall be further settled by a Bill. And that your Majesty will recall your Declaration, and Proclamations against the Ordinance made by the Lords and Commons concerning it. 10. That such members of either House of Parliament, as have during this present Parliament been put out of any place and Office, may either be restored to that place and office, or otherwise have satisfaction for the same, upon the Petition of that House whereof he or they are Members. 11. That all Privy Councillors and Judges may take an Oath, the form whereof to be agreed on and settled by act of Parliament, for the maintaining of the Petition of Right, and of certain Statutes made by this Parliament, which shall be mentioned by both Houses of Parliament. And that an inquire of all the breaches and violations of these Laws may be given in charge, by the Justices of the King's Bench every Term, and by the Judges of Assize in their Circuits, and Justices of peace at the Sessions, to be presented and punished according to Law. 12. That all the Judges and all Officers placed by approbation of both Houses of parliament, may hold their places Quam diu bene se gesserint. 13. That the Justice of parliament may pass upon all Delinquents, whether they be within the Kingdom or fled out of it. And that all persons cited by either House of parliament, may appear and abide the censure of parliament. 14. That the general pardon offered by your Majesty may be granted with such exceptions as shall be devised by both Houses of parliament. 15. That the Forts and Castles of this Kingdom may be put under the command and custody of such persons as your Majesty shall appoint, with the approbation of your parliament. And in the intervals of parliament with the approbation of the major part of the Council in such manner as is before expressed in the choice of Councillors. 16. That the extraordinary Guards and military forces now attending your majesty, may be removed and discharged. And that for the future you will raise no such guards or extraordinary forces, but according to Law, in case of actual rebellion or invasion. 17. That your majesty will be pleased 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 designs and attempts of the pope and his adherents, to subvert and suppress it, whereby your majesty will obtain a great access of strength and reputation, and your Subjects be much encouraged and enabled in a parliamentary way for your aid and assistance, in restoring your royal Sister, and the princely issue, to those dignities and dominions which belong unto them, and relieving the other distressed protestant princes, who have suffered in the same cause. 18. That your majesty will be pleased by Act of parliament, to clear the Lord Kimbolton, and the five members of the House of Commons, in such manner, that future Parliaments may be secured from the Consequence of that evil precedent. 19 That your majesty will be graciously pleased to pass a Bill for restraining peers made hereafter, from sitting, or Voting in Parliament; Unless they be admitted thereunto, with the consent of both Houses of Parliament. And these our humble desires, being granted by Your Majesty, we shall forthwith apply ourselves to regulate your present Revenue, in such sort as may be for your best advantage; and likewise to settle such an ordinary and constant increase of it, as shall be sufficient to support Your Royal dignity, in Honour and plenty, beyond the proportion of any former Grants of the Subjects of this Kingdom to your Majesty's Royal predecessors. We shall likewise put the Town of Hull, into such hands as Your majesty shall appoint, with the consent and approbation of parliament, and deliver up a just account of all the magazine; and cheerfully employ the uttermost of our power and endeavour, in the real expression and performance of our most dutiful and Loyal affections, to the preserving, and maintaining the Royal Honour, Greatness, and Safety of Your majesty, and your posterity. A NEW DECLARATION OF THE LORDS And Commons in Parliament, Concerning the execution of the Militia, 20. june, 1643. ALSO Concerning a Writ sent to the high Sheriff of Essex, by his Majesty for the publishing of His late proclamation. WHereas Robert Smith Esquire, now high Sheriff of the County of Essex, hath lately received a Writ bearing date the 27. day of May, in the eighteenth year of his now Majesty's reign, thereby commanding him to publish a Proclamation, whereby all his Majesty's Subjects belonging to the Trained Bands or Militia of this Kingdom, are forbidden to raise, March, Muster, or exercise by virtue of any Order or Ordinance, of one or both Houses of Parliament, without consent or warrant from his Majesty upon pain of punishment according to the Laws. And whereas the said high Sheriff hath now addressed himself to both Houses of Parliament, for advice and directions therein concerning the said Proclamation to be contrariant and repugnant to the Ordinance and Judgement of both Houses of Parliament concerning the Militia. It is therefore Declared by the Lords and Commons in Parliament (they intending nothing by the said Ordinance, but the protection and security of his Majesty's person, the defence of the Kingdom against Foreign invasion, and preservation of the public peace against intestine Rebellions and Insurrections here at home, the maintenance of the Privileges and Authority of Parliament according to the protestation. That the said Writ is illegal for that the constitution and policy of this Kingdom, and the King by his Proclamation cannot declare the Law contrary to the resolution of any of the inferior Courts of Justice, much less against the high Court of Parliament. And likewise for that this Writ forbiddeth that to be done which they are obliged unto by their duty to God, their allegiance to his Majesty, and the trust reposed in them by the Commonwealth, (the Law having entrusted them to provide for the good and safety thereof.) And that the said high Sheriff hath done nothing in forbearing to publish the said proclamation, but according to his duty, and in obedience to the Order of both Houses. And he is hereby required not to publish the said proclamation, or any other proclamations or declarations of the like nature, that concern the parliament, without first acquainting the said Houses. And it is further declared that the said high Sheriff and other Sheriffs of other Counties within this Kingdom of England and the Dominion of Wales, for their obedience to the orders and ordinances of parliament: Or that have, or hereafter shall do any thing in the execution thereof, shall be protected by the power and authority of both the said Houses. His Majesty's proposition to the Lords SIS, I Conceive my Lord of Linsey is Admiral of England, and the Lord of Ormond Lord Lieutenant of Ireland. The King hath this day made divers Propositions to the Lords here; As First, to have the Declaration of both Houses of the Ninth of May to be disavowed; Secondly, To have Justice in Hull. Thirdly, to have the Militia declared to be his right. Fourthly, to have tumults punished. Fifthly, To have the Parliament, adjourned to Oxford, Cambridge, Winchester, York, Coventrey, Bristol, Nottingham or any of those places where his Majesty shall command, and other things which I have not leisure to add. Tomorrow they meet again, and I believe the main question will be, whether a Declaration shall be made here, or the Lords to agree here, and Vote in the House, and in what equipage to go. Our Court increaseth daily, and we believe notwithstanding the offer of a hundred thousand pound by the Common Council; that the King may have as much money from the Citizens as they, and I believe here is ground for such a conceit. Here is no possibility of the King's sudden remove hence, though some think he may step hence to Lincoln, for 3. or 4. days to settle that Country, but I am not of that opinion. The Lord Pagets Letter to the Honourable House of Parliament. IT may seem strange that I, who with all zeal and earnestness have prosecuted in the beginning of this Parliament, the Reformation of all disorders in Church, and Commonwealth, should now in a time of such great distractions, desert the cause. Most true it is that my ends were the common good: And whilst that was prosecuted, I was ready to lay down both my life and fortune: But when I found a Preparation of Arms against the King, under the shadow of Loyalty, I rather resolved, to obey a good Conscience, then particular ends, and am now on my way to his His Majesty, where I will throw myself down at his feet, and die a loyal Subject. PAGET. The Earl of Bristol Speech in the High Court of parliament. My Lord, MY zeal to the peace of this Kingdom, and my apprehensions of our near approaching miseries do cause me to speak of the subject of Accommodation. This Ki●gdome exceeds all the Monarchies of Europe, both for situation, plenty, rich, comodities, and power both by Sea and Land, continued reign of Queen Elizabeth, who not only impeached the Monarchy of Spain, protected the United Provinces, and relieved the French in misery, but also was reverenced by all the Princes of Germany, flourishing in the tranquilty of this Kingdom, which which peace prospered in King james his Government, and continued down to the Reign of his now Majesty, till these late unhappy interruptions. Now if in stead of this happy condition, we impartially inquire into the now distractions hereof, we shall find ourselves reduced to the brink of misery. These enemies are not foreign, but of our own House, such as our jealousies and dissensions have raised, and civil discord is a plentiful Source, from whence all miseries flow into a Kingdom. Our former distempers have grown from the conduct of evil Ministers invading the subjects just liberty, and a State is never sound, till Sovereign power, and common right are equally ballenced by just rules: but the sickness thereof is rather continued of fears and jealousies, than out of any real distemper, the King hath condescended unto many excellent petitions presented by many Noble Lord, and hath offered to concur with us in the settling all libet●ies for the propriety of our goods: and willing to all our reasonable propositions: and for the establishing of the true Protestant Religion he woes us to it. We on the other side make profession, that we intent to make his Majesty a glorious King, to support his Dignity, Regality, and Prerogatives, and to pay uno his that duty, and obedience; which by our allegiance, several Oaths and protestations we own unto him. So that we being both thus reciprocally united, which would make both the King and people happy, shall be most unfortunate if we shall not brtng both inclinations together. But it is the greatest difficulty to compose the variances betwixt a King and his people disunited: For it is much easier to compose differences arising from reason, yea even from wrongs, than it is to satisfy jealousies, which arising out of the diffidence and distrust will grow upon every occasion greater, if not removed. Nay mutual replies are grown to those direct terms of opposition, that they will pass farther than verbal contestations, if not stopped. The most plentiful Countries of Europe have been brought to unexpressible calamities by a civil War. It is better keeping out of them, then getting out of them, and in a State the wisdom of prevention is infinitely beyond the wisdom of Remedies. Nay, if for the sins of this Nation, Forces and Armies should be mutually raised, The very charge of maintaining them would consume the wealth of the Kingdom: And of this we had lately a costly example in those unhappy troubles betwixt us and Scotland, where the keeping of the two Armies cost this Kingdom a Million of pounds. And if two Armies be once on foot here in England, either a sudden encounter must destroy one of them, or the keeping them both on foot must destroy the Kingdom. Let us hearken in moderation to the wise advice of our Brethren in Scotland, that all means may be forborn, which may make the breach wider, and the wound deeper, that no place be given to the evil Spirit of division, which at such times worketh uncessantly, and resteth not: but that the fairest way be taken by so wise a King and parliament, as may make his Majesty and his posterity more glorious, and his Kingdom more happy, then ever. The best way hereunto in my opinion is, That there may be a select Committee of choice persons of both Houses, who may reconcile first those differences, and then descend to the particulars, which may be expected from each other, either in point of our supporting him, or his relieving us: and lastly, how all rhese conditions being agreed upon may be so secured, as may stand with the honour of his Majesty, and the satisfaction of the Subject. The Ordinance of parliament commandeth all persons in Authority to obey it according to the fundamental Laws of the Land: The King declareth it to be contrary to the fundamental Laws, and commandeth all his Subjects upon their Allegiance not to obey the said Ordinance, as they will answer it to their perils. The King commandeth also divers of us to attend his person, whereunto we are obliged by our several services and oaths: in case we comply not with his commands, we are liable to his displeasure, and the losses of those places of honour which we hold under him, if we obey his Commands without the leave of parliament, we are liable to the censure of parliament, therefore until it shall please God to bless us with a right understanding betwixt the King and the parliament, and a conformity in their commands, neither the Kingdom in public, nor particular men in private, can be reduced to a safe and comfortable condition. And I doubt not (whatsoever success this proposition may have) it will be accompanied with the good wishes of your Lordships, and of all peaceable and well-minded men. FJNJS.