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(as was then said) the commons bad the more reason to resent, because the lords, having voted Reasons in their own house, would not Vouchsafe to communicate them to the commons. This was the opinion then ofthe house of commons, who found fault because the lords had thrown out that Ordinance, without communicating their reasons before. The lords have now avoided that which the commons then conceived to be an inconvenience, their lordships being desirous to preserve the good understanding which ought to be between The two houses; and therefore would not cast at this Ordinance, so penned, before they had mparted the Grounds and Reasons of their so doing unto the commons; that either they night so satisfy them with their Reasons, or be atisfied by them with better, and both come to e of one mind; which they desired should be o this, and in all things else, and conceived his to be the ready way to it; not suspecting possible to be disliked by the commons, specially having been so lately moved unto it y the commons themselves; yet this is now aid to be 'a Breach of Privilege of parliament, nd contrary to the constant course of parlia ent. The lords are very sorry to find their ctions so misconstrued, and do assure you ey had no such intention, the privileges of arliament being sacred anto them: they are ound, by the Protestation and Covenant, to aintain them, which they have done with the azard of their lives, and loss of their fortunes; nd they wish, with all their hearts, some ourse were taken by the wisdom of both ouses, to search out and ascertain these prideges; that neither house might fail in the bservation of their own, and of each other's rivileges; so to avoid all inconveniences of is nature between the houses for the time come."

billeting of soldiers,' the latter would not corsent to it; they desiring to be in no better condition than their fellow-subjects.”

There is nothing material in the Journals now for several days, except (some Orders relating to the intended Treaty of Peace ent Uxbridge; in which the parliament's comthissioners were allowed 80 attendants, and the Scots 30. We shall not enter further into this Treaty; the preliminaries of which, with the consequences and fruitless conclusions, are given at large by Clarendon and Whitlocke; and are also collected into one chapter, in the fifth Volume of Rushworth, and in the King's Works.

The Parliament's Answer to the Dutch Ambassadors last Memorial.] Jan. 17. The States ambassadors had, several times, applied for a clearer Answer to their Proposition of being Mediators between the king and parlament : and, this day, the form of an Answer was read and agreed on by both houses, to be delivered to the Ambassadors by 4 lords and & comthoners, which was as follows:

"To the first; That the parliament of England have already given such an Auswer to that Proposition of the lords the States General of › the United Provinces, by winch they make offer of their interposition for Peace, as they hope will give unto them full and ample satisfaction, being such as the condition of their affairs would admit; and as they professed it then, so is it still their sense, to set a high estimation upon the great and good affection of those high and mighty lords, so manifestly expressed to them.-To the second; The Proposition made concerning the restitution of ships and damages, was found to concern either the public interest of the state, or the private interest of particular men; those of the first kind were, upon debate, out of respect to the said States General, ordered to be restored; when, for aught appears to the contrary, execution hath been accordingly hud: and for damages; as to those it was ordered, That the damages being proved by a legal proceeding, in the high court of admiralty, the parliament would liquidate, and see payment thereof to be made. For those of the second sort, the houses hold fit that the parties complainants have full liberty to prosecute their interests in the high court of admiralty of England, for such as have not been already sentenced, or by way of appeal for such as have been adjudged there. Wherein the houses, Mr. Whitlocke writes, "That the whole taking notice of the request delivered by the ouse of commons went up with this last Mes-ambassadors, will give command that right age to the lords, to importune them to pass bus Self-denying Ordinance; and its being reeeted was the first thing that began to increase he difference between the two houses, which welled to so great a height afterwards. And, shew their resentment in some measure, the ards having agreed to an Ordinance for reguating of free quarter, with this clause added, to-exempt themselves, their attendants, and the members of the house of commons, from

Jan. 13. The commons sent up another lessage to the lords, importing, That they ad put their lordships often in mind of passing s Ordinance, and that delay would not only rove dangerous but destructive. On which e lords went immediately upon consideration tit; and, after debate, the Ordinance being ad a third time, and put to the question, Whether it should pass or not, it was carried the Negative. After this, the lords ordered eir committee to meet and draw up another Irdinance to the same intent, with some retrictions, and report it to the house; but we ear no more of it.

VOL. III.

shall be done according to the rules of justice. To the third and fourth; That, touching the freedom of commerce and revocation of the Ordinance, both houses of parliament, finding they are matters of very great consequence, have the same under a sericus consideration; and will, in convenient time, resolve upon tirat which shall appertain to justice."

Instructions for the Commissioners appointedl for the Treaty at Uxbridge.] Both houses had

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been for some time, very busy in framing' forth upon our own matters. 3. Religion hɛi, Instructions for their Commissioners to act by, at the Treaty; several alterations, additious, &c. had been made in and to them, by both, houses and by the Scots commissioners. At last, they were concluded and agreed to as follows:

upon good reason, the first place in our Solenn League and Covenant; and, upon the same reason, ought to have the first place now in the performing of our vows. 4. All the Reformed Churches, which have their eyes upon us and great hopes from us, will expect dis order at our hands ; and, according to the intelligence of our proceedings in the matter of Religion, will be comforted or dejected. 5. We cannot express how great an encourage ment the settling of Religion will be to the parliament and the national assembly now site ting in Scotland, and to that whole kingdomm their undertaking; and how much it with excre them to maintain religion, once established, and to obtain our other demands, without which religion cannot be preserved. 6. The inverting of this order would obdure the hearts of to many in their error, That religion is not princi pally intended by us. 7. It might also give hopes to his majesty, that we may be more

gion, and to part from our conclusions."

INSTRUCTIONS for the COMMITTEES of both Houses of Parliament of England, and for the COMMISSIONERS of the Kingdom of Scotland, respectively agreed upon. I. "You shall repair to Uxbridge, where you, or any ten of you, whereof some of either house of the parliament of England, and some of the commissioners of the kingdom of Scotland to be present, shall treat with the persons sent thither by his majesty, from the 30th of Jan. during the space of 20 days, upon the Propositions concerning Religion, the Militia, and for Ireland, formerly sent to his majesty from his humble and loyal subjects assembled in the parliaments of both kingdoms. II. You shall treat upon the Propositions concerning Religion, the Mi-by time, to dispense in some matters of reli litia, and Ireland, 3 days a-piece, alternis vicibus, during the space of 20 days; beginning Ordinance for New Modelling the Arm first with the Propositions of Religion, which, It has already been mentioned, That Cromwel as it is of most excellency, so is it to be sought and his party were very industrious to get the after and finally agreed upon in the first place, earl of Essex discharged from being general before any agreement be made upon any of the of the parliament's army; and they now had other Propositions. III. You shall use your interest enough in the house of comtrols to best endeavours that the aforementioned Pro- bring in and carry another Ordinance through positions may be agreed unto, without reced- that house, under the title of an Ordinance for ing from the matter of them. IV. You shall New Modelling of the Army; but to the same deliver your demands, and receive Answers intent as the former. Lord Hollis says, "Th to them, in writing. V. The members of both this great work had been projected long before, houses of the parliament of England are to and that Cromwell had broken it to the earl of give frequent advertisement of their proceed- Manchester in the time of his greatness with ings in this Treaty, to both houses by some of him, when he thought bim to be one of them their own members, or otherwise. By the own: which was to have an Army compost agreement upon the Propositions for Religion, of those of the Independent Judgment, beture a final agreement be made upon any interpose if there were like to be a Peace other of the Propositions, we understand the This Ordinance was sent up to the lords, on approving of the Covenant, the Directory for the 28th of this month, with a desire of the public Worship, and the Votes given in by the commons that they would speedily pass Assembly of Divines concerning Church Go-thing very conducive to the safety of the na vernment, and passed the houses; the assenting tion. The lords read the Ordinance once, to the bill against Episcopacy; the ratifying ordered it to be taken into consideration on the the Ordinance for the calling the Assembly of 31st, all the lords to be present: but it did w Divines; and so much as shall pass both houses come on as that day, though the commons set before the expiring of the 20 days." up another message to hasten its progress. REASONS Why such Part of the Propositions, as concern Religion, should have precedency before all other.

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The Commons vote sir Thomas Faut's be Commander of the New Modelled drag] The commons had voted sir Thomas Far 1. "As the Rule of universal Righteousness fax to be commander in chief of all the forces, prescribeth, that we give unto each one that horse and foot, to be raised by the new which is due unto him: so doth the Law of establishment, and on the new Model, befire Piety and true Policy require, that Religion they sent up the last named Ordinance to the which rendereth unto God his due, have the lords, by a majority of 101 against 69. The precedency not only in debate, but in deter-earl of Clarendon informs us," That the a mination; and that the House of God accord-guments urged in favour of this appointmest ing to the example of the wisest of men, be built before our own house. 2. In relation to ourselves; we are first to seek the Kingdom of God,' and to prevail for the means for our salvation; having a promise. that all other things shall be added; and a confidence that, from the House of God, blessings shall issue

were, That sir Tho. Fairfax had behaved haself so signally in their service, in the defeat t colonel Bellusis, and taking him prisoner, which gave them their first footing in Yorkshire, from their being shut up and besieged in Hall; t the overthrow of the lord Byron, and taking all the Irish regiments; aud, lastly, in the late battis

-f York, where he had turned the fortune of the
ay, when the Scots army was routed, and
eir general fled." And that Cromwell assured
en he was very equal to that task. Lord
Hollis accounts for this last circumstance, by
ying, "That Cromwell was to have the power
Thomas Fairfax only the name, of general;
to be the figure, the other the cypher."
Le commons having thus nominated their ge-
ral, they next proceeded to name every
lonel for all the regiments in this new Mo-
lled Army, most or all of whom were devoted
Cromwell's interest, as will appear from
e sequel. But somewhat to soften the earl of
sex and his friends, it was ordered, at the
the time, That the committee for regulating
e armies should consider of, and present to
e house, some mark of honour, to be set
on the lord-general Essex; and some other
Compeuce to be conferred upon him, to re-
0.0 as a testimony to posterity, and an
nowledgement from the parliament of Eng-
df, of the great and faithful services he had
ne to the parliament and kingdom.

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he will more oblige his officers, and better enable them to carry on the work. They do conceive there can be no inconveniency in giving him this power of nominating, in regard that both houses are to approve of the oicers nominated by the commander in chief. And they do observe, That the power of nominating, officers is no unusual or extraordinary power; for this power of nominating is granted constantly and usually to every commander in chief. My lords, they have commanded me further to offer these Reasons in maintenance of the second Amendment: They do intend principally that these othicers shall be nomihated, by the commander in chief, out of any of the officers under the command of the parliament, whether out of my lord-general's army, or that under the command of the earl of Manchester, or sir Wm. Waller; and if that clause had not been inserted, we could not have named any of those officers. And the clause is more general, because the command- ́ er in chief will have the greater laticade, if he desires to nominate such persons for officers, 1 Conference concerning the Ordinance for as he shall think faithful and fitting for the Modelling the Army.] Feb. 11. The com- service. Your lordships second Proviso is ons sent up to the lords to desire a Confer this: Provided further, That all commanders, ce concerning the Ordinance for New Mo- officers, and cominou soldiers, that shall be ing the Army, which being held in the Paint-employed in this army, shall take the solema Chamber, Mr. Lisle, a member of the con- League and Covenant of both kingdoms, within ons, delivered the following Message to the 20 days next after publication hereof; and -ds: shall submit to the form of church government, "My lords, this Conference was desired with that is already voted by both houses of parlia ur lordships concerning the new Model of ment,' My lords, the house of commons deAray, wherein the house of commons doth sire it may be thus amended Provided furree to most of the proviso's which were sent ther, That all commanders and officers" that by your lordships to their house; only they shall be employed in this army, and to be apthink fit to offer some alterations to your proved of by both houses as aforesaid, shall dships in the three first Proviso's. They have take the National League and Covenant of mmanded me to represent their Reasons to both kingdoms, within 20 days next after such ar lordships concerning these Alterations: approbation; and all other officers, to be eme first alteration is in your lordships first ployed as aforesaid, shall take the said Solemn iso, which shall be first read. Provided League and Covenant within 20 days after 0, That all colonels, lieut. colonels, ser- they shall be listed in the said army and be eant-majors, and captains, that shall be eui-it ordained, That all the common soldiers of loyed in this Army, inay be such as shall be the army shall likewise take the same at such ninated, appointed, and approved of by time, and in such manner, as shall be in that th houses of parliament.' The house of behalf directed by both houses of parliament.. mmons desire it may be thus amended; Wherein your lordships may observe these alovided also, That the commander in chief, terations: 1. In point of time when the offminated in this Ordinance, shall have power cers shall take the Covenant. 2. In point nominate all colonels, lieut. colonels, ser- of time when the common soldiers shall take int-majors, and all captains, out of any of the Covenant. 3. In leaving out this clause, forces under the command of the parlia-aud shall submit to the Form of Church Goat to be approved of by both houses of par-vernment, that is already voted by both houses went. My lords, if you please to observe in is Proviso, thus amended, there be these two erations, 1. That the commander in chief at have power to nominate all colonels, it. colonels, &c. 2. That he shall have power nominate the officers out of any of the forces der the command of the parliament. My ds, the house of commons have commanded to offer these Reasons to your lordships, in untenance of the first Amendment: They do nceive that, by giving of this power to the mmander in chief to nominate his efficers,

of parliament.'. My lords, for the first Amend ment they present these reasons: They do ob serve that in your lordships Proviso, the time is not certainly expressed; for your lordships expression is, They shall take the Covenant within 20 days, after the publication thereof;' and therefore, to make it more certain, they have added this clause, That they shall take the Covenant within 20 days next after the approbation of both houses; and not only thre commanders and officers, approved by your lordships, but all others shall take the Cove

nant; and therefore it is added, "That all officers whatsoever shall take the Covenant, within 20 days after they shall be listed' in the said Army. My lords, concerning the Amend ment of the common soldiers, in point of time, they have made it on this ground; They do conceite you may be inforced to press some solifiers to serve you in this new Model; and if you should be enforced thereunto, these sol diers may make their excuse of not serving the parliament, on pretence they cannot take the Covenant. They do observe besides, That the recruiting of the army is uncertain; they do not know the certain time, and think it not convenient that, before the army be recruited, they should set down any certain time for common soldiers; but that it may be referred to the wisdom of both houses. For the leaving out of the last clause; they conceive that, on this consideration, there can be no advantage by the last clause, if the Covenant be taken according to the intent of this Ordinance. And they leave it out the rather, because the Resolutions of both houses, concerning Church Government, are not yet perfected; nor their Votes yet compleat. I shall now, my lords, read to your lordships the third Proviso. Provided also, That every lard-lieu⚫ tenant shall, in their several and respective counties, be of the committees now appointed by this Ordinance. The house of commons do desire that this Proviso, may be amended thus: Provided also, That every lord-lieutenant, who is not disabled by Ordinance of parliament to sit in the house of peers, shall, in their several and respective counties, be of the committee, now appointed by this Ordinance. Which amendment will stand with so much reason, that they conceive they need not offer any reason for it. To all the rest they agree,"

who were appointed to take care to see the Ordinance put in execution.

Sir T. Fairfax complimented by the Speaker upon his being appointed General.] Feb. 19. This day sir Thomas Fairfax, the parliament's new general, was called in to the house of1 commons; where a chair was set on purpose. for him, the serjeant standing by with bis mace; when the Speaker, by command of the house, addressed him in these words: "Sir; The parliament of England hath commanded up your service hither from the Northern parts: they have heard of your, valour, and have had experience thereof for their safety; and have now thought fit to put upon you the greatest trust and confidence, for the security of the kingdom, this house, religion, and liber ty, as was ever put into the hands of a subject. They have resolved to put a trust upon you, the command of a very great Army; which they do not intend to employ you in for a matter of discouragement, but will take care such provisions be made to enable you to go on in this great business, that your though shall be solely on action. They are confident of your fidelity, care, and diligence in th cause of God and the kingdom, that now l at stake: and for the faithful services you hav done for the public, I am commanded, by the house, to return you their hearty thanks; and, under God, hope you may be a means to pre serve this kingdom: and if you have any pr positions to make now, or hereafter, conceming the Army, the house will take them int speedy consideration." There is no Answer put down in the Journals, from sir Thoma Fairfax to this compliment from the chair.

The Treaty at Uxbridge proves abortive] Feb. 22. The Uxbridge Treaty drawing now near an ineffectual conclusion, two or three Messages were sent from the commons, to de sire a free conference with the lords concer

Feb. 13. The lords seem still to have been in no haste to pass this Ordinance, notwith-ing it. In one of the last Propositions from the standing the commons sent up two more Messages to hasten them in it. In the last, Whitlocke says, "That the whole house went up with it, and desired their speedy concurrence to the Ordinance, because no monies were to be raised for the supply of the forces, without the passing of, that Ordinance." Upon which the lords took it into consideration again, made some more additions and alterations, and sent them down to the commons; on which they desired another conference with the lords.

Feb. 17, The commons sent up a message to let the lords know, That they did agree with their lordships in the Alterations to the Ordinance for new modelling of the, Army. By this Ordinance sir Thomas Fairfax was made general of all the parliament's forces to be raised for the defence of the kingdom; the earl of Essex still continuing, in some sort, general. The Ordinance is of an excessive length in the Journals; specifying all the particular sums to be levied, monthly, on all the counties of England, as well as the commissioners names,

king's commissioners to the others, they sa they were willing to treat with them, how h majesty might, with honour, freedom, and safety, be present with his two houses at Wes minster, all armies being first disbanded. I the mean time the lords had agreed, That t earl of Manchester should deliver, at this come ference, That though this Proposition might carry some specious shew of the king's desi of settling a Peace, by the disbanding of Armies and coming to his parliament; though they did not conceive any hopes of receiving satisfaction by this Treaty, yet they thought necessary that the committees of both king doms do meet the next day, and consider something to offer to the houses concerning it in the mean time, to send to their commi sioners at Uxbridge to stay there till further ders." But, before these orders could arrive at Uxbridge, the parliament's, commissioners, their time being elapsed, came to London; for we find that, the next day, the Speaker of the house of lords, by command of that house, turned the lords commissioners thanks for theit

great pains and care, expressed' in the busi ness of that Treaty; the commons did the same to their commissioners; and both houses joined in desiring them to draw out a series of their proceedings at the Treaty, that it might be forthwith printed and published; which was done accordingly, Thus ended this famous Treaty; the ill success of which, Mr. Whitlocke, one of the parliament's commissioners, says, 'caused much trouble in the minds of many honest men, lovers of the peace of their country."

The Dutch Ainbassadors present another Memorial for Peace.] Feb. 24. The States Ambassadors having again desired an audience of the lords, they were this day admitted to it; and one of them delivered by word of mouth, what they had to propose, in Franch; which being afterwards read by their secretary in English, was left with the lords, and is enteed as follows:

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cepted against, your Honours can judge if that be not prevented by means of those offers his Majesty hath made to that end. And notwithstanding, sirs, we have seen that the point of Church-Government was yet behind, and without Accommodation, therefore we have been moved to consider more exactly how your honours, in this point,, miglit desire any other or further satisfaction; and we are obliged to say, That this consideration is fallen out so well, that his majesty hath delivered unto us, and permitted us to communicate unto you, That if your honours are not contented with that which he hath offered, by his commissioners at Uxbridge, unto yours there, that his majes ty, out of abundancy, is contented that a Na tional Synod may be called and assembled, and thereunto the deputies of all other Protestant Churches of Europe invited for their advice; which synod shall examine all that which concerns the points of religion in the said government of the English church, that' might be contrary to the word of God, whether in part or in general; that his majesty is contented to correct and redress it accordingly; and, by that means, as by a common consent of all those that make the same profession of Faith and Religion, to put a good end to all these present distractions."

Both Houses resolve to borrow Money from the City of London.] March 3. The commons sent up to the lords to desire their concurrence, in offering something to the Common Council of London, which was to meet the next day, for borrowing present Monies; and for their better security, to propose to them, That they shall have power to nominate treasurers for receiving the money, to be raised by the late Ordinances for raising of forces, and have what other security they shall desire. The lords agreed to this, but with an alteration, That it should be at a Common Hall, and not at a Common Council; that a general account of the Treaty may be given to the citizens, by some of the commissioners; and that they may press the ending of that Treaty, as a motive to the city to lend such sums of money as are necessary on this important occasion.

Right Honourable; We have heretofore, as well privately as in public, demonstrated the great desires aud sincere endeavours which the high and mighty lords, our lords the States General of the United Provinces constantly continue;, that, in a lucky hour, they might e a happy Accommodation between the ng and his parliament, and Peace re-establishd in these kingdoms: and your honours, by Four professions by word of mouth, and of ate given unto us by writing, the 6th Dec. last past, have not only testisfied that the said desites and sincere intentions of our lords and superiors were very acceptable unto you; but also you added, That, your honours did judge that the said Accommodation and desired Peace, did as highly concern all those that make profession of the true Protestant Religion, and in particular our lords and superiors. All these motives, suppeditated by your honours and our duties, have constantly wrought in us a very great care to fix an eye upon his majesty's proceedings and yours; and now, lately, upon the conference and treaty that at present is in hand at Uxbridge; where his majesty and your commissioners labour, as we hope, with utility, to obtain also the much-deared success. We must also say that, at our being at Oxford, we have received the honour of his majesty's ordering to be communicated to us all the passages of that conference; and, by the one and the other, we have observed, in the first place, That his majesty, above all things, desireth an Accommodation with your honours; and that his majesty entirely inclines "In this conjuncture of time and affairs, to give all manner of content and assurance of such as hath not been since the beginning of his affection, in all things which are just and this unhappy war, the late solemn Treaty of honourable. In the second place we are inform- Peace, after so many prefaces and so long preed, That by the Answer to the Propositions of parations, and after so great hopes and expecyour honours, touching the point of church-go-tation of all sorts of persons, having brought vernment, the personal excesses that might forth nothing towards Peace; but, on the conhave been committed heretofore, were not to trary, made manifest that, for any thing we can be feared for the future. Thirdly, that if, in at present apprehend, the public peace must the form of government itself, and the exer- be settled in another way; and thereby having cise thereof, and the jurisdiction therein. com- filled with resolution the minds of men formerly prehended heretofore, any thing was to be ex-doubtful, wc, the commissioners of the king

A Remonstrance from the Scots Commissioners, in relation to the new Modelling the Army.] This day the earl of Northumberland presented a Paper to the house of lords, from the Scots Commissioners, concerning the Army; as follows:

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