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A91048 The proceedings in the late treaty of peaceĀ· Together with severall letters of his Majesty to the Queen, and of Prince Rupert to the Earle of Northampton, which were intercepted and brought to the Parliament. With a declaration of the Lords and Commons upon those proceedings and letters. Ordered by the Lords and Commons, that these proceedings, letters, and declaration be forthwith printed. H. Elsing Cler. Parliament. Dom. Com. Rupert, Prince, Count Palatine, 1619-1682.; Charles I, King of England, 1600-1649.; Henrietta Maria, Queen, consort of Charles I, King of England, 1609-1669.; Northampton, Spencer Compton, Earl of, 1601-1643.; England and Wales. Parliament. 1643 (1643) Wing P3571; Thomason E102_6; ESTC R11174 75,243 98

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either aprove or recommend unto Him So that you declare before unto His Majesty the name of the persons whom you approve or recommend unlesse such persons shall be named against whom he shall have just and unquestionable exception which being declared by His Majesty Himself they had no cause to suspect a deniall being confident that His Majesty did intend what he spoke and if any ill Counsell could prevail to make Him recede from His word it must be admitted the Kingdom hath more cause to be further secured Fourthly For that to our sad experience it is well known That His Majesties power in this and other things is too much steered and guided by the advice of these secret and wicked Councellors that have been the Instruments of our present miseries And though His Majesty carryeth the name yet they will have the disposing of those places And the Lords and Commons thought it the more reasonable and necessary to insist thereupon Because that in the time when they were preparing their Propositions to His Majesty it did appear unto them by a Letter written by His Majesty to the Queen which they have caused to be here with Printed that the great and eminent places of the Kingdom were disposed by her advice and power and what Her Religion is and consequently how prevalent the Councells of Papists and Jesuites will be with Her may be easily conjectured and it is to be observed who the persons designed for preferment were even during the sitting of a Parliament The Lord Digby impeached in Parliament for high Treason and most if not all the rest impeached in Parliament and such as bear Arms against them Lastly admitting that these demands touching the Ships and Forts had been made even in a time of Peace and tranquility yet considering the attempts of Force and Violence made and practised against the Kingdom and this present Parliament as the Designes many years since to bring to this Kingdom the German Horse to compell the Subject to submit to an arbitrary Government The indeavour to bring up the late Northerne Armie by force and violence to awe the Parliament His Majestie coming in person to the House of Comments accompanied with many Armed men to demand their Members to be delivered up And the Treason of the Earle of Strafford to bring over the Irish Popish Armie to Conquer the Kingdom they might very well justifie nay they were in dutie bound in discharge of the trust reposed in them by the Common-wealth to make that Demand and expect the performance thereof to the end the people might be secured from any such violence hereafter yet to their inexpressible sorrow they must speak it neither the Reasonablenesse the Moderation or Justnesse of the Request nor the Peace of the Kingdom which probably would ensue thereupon could be Arguments prevalent enough to induce His Majesties cons ent thereunto and His Majesties offer of those Commanders that shall offend to leave them to Justice and Triall of the Law is an Answer more to shew His power to protect Delinquents then satisfaction to a Parliament being the due and right of the meanest Subject and yet intituled here as a favour done to both Houses of Parliament And though His Majestie is pleased to justifie His deniall with the Allegation That it is His right by Law they must appeal to the judgement of all indifterent men whether that be a satisfactory ground of refusall for admitting His Majesties power of disposing the Ships Forts and Castles and committing them into what hands He please to be by Law absolutely vested in His Majestie which they by no means can admit He being onely trusted with them for The defence and safetie of the Kingdom as He son for the King to refuse His consent to after that Law when by circumstance of time and affairs that power becomes destructive to the Common-wealth and safetie of the people The preservation whereof is the chief end of the Law and though the two Houses of Parliament being the representative body of the Kingdom are the most competent Judges thereof yet in this Case they do not proceed onely upon an implicite Faith but demonstrate it both by Reason and Experience That their demand is not only neccessary to secure the Kingdom from Fear and Jealousie but to preserve it even from ruine and destruction And surely had this Argument of being Their right by Law been prevailing with His Majestie Precedessours this Nation should have wanted many an Act of Parliament which now they have that was necessary for their being and subsistence And they coul heartily wish that the Lawes and Statutes of the Kingdom might be The rule of what is and what is not to be done acknowledging with His Majestie that the same is the onely rule between Him and His people the assurance of the free enjoyment thereof is their onely aime but how little fruit the people hath gathered from this true let the wofull experience of these last eighteen yeers judge where in a time of Peace and Plentie the power of issuing out Commissions to compell Loanes A power in the King at His pleasure to impose a charge upon the people to provide Ships without limitation of time or proportion A power in the Councell Board to commit men and determine businesse without distinction of persons or causes The power of laying Imposition both upon Forreign and Domesticke Commodities and many other Acts of oppressions was under the name and colour of a Legall right thereunto practised and put in execution Against which the Subject had no help of relief but necessitated to submit and lie under the burden And when at any time a Parliament was called being the onely cure and remedie for these griefs it could no sooner touch upon these sores but it was dashed in pieces by a sudden dislolution And now that a remedie is provided for that mischief by the Act for continance of this Parliament it is attempted by the force and power of an Army to effect that which formerly could have been done with more ease and readinesse And now they referre it to the censure of any honest man whether they have not the warrant of Reason and Necessitie to demand some securitie to enjoy that which His Majestie confesseth to be the peoples right And in reference to that whether their Demand of having the Forts Castles and Shipping to be put into such hand as both Houses shall have cause to confide in was not both moderate and reasonable And touching their Demand and His Majesties Answer to the Clause concerning the admission of Forces into those Forts Castles and Towns they must still submit it to all indifferent judgements how much reason and justice was comprehended in their Demand and how little satisfaction they received therein His Majesty answers That no Forces raised or brought in contrary to Law should be admitted which they could heartily wish heretofore had or hereafter would be really performed But they
Proposition which concernes Your Majesties Townes and Forts we humbly give this Answer THat the two houses of Parliament will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these troubles and sleight all Fortifications made since that time and those Townes and Forts to continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without consent of Your Majesty and both houses of Parliament That for those Townes and Forts which are within the jurisdiction of the Cinque-Pores they shall be delivered up into the hands of such a Noble Person as your Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Towne of Portsmouth shall be reduced to the number of the garrison at was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Townes as were formerly kept by Garrisons as have beene taken by both houses of Parliament into their care and custody since the beginning of these troubles shall be reduced to such proportion of Garrison as they had in the yeere 1636. And shall be so continued And that all the said Townes Forts and Castles shall be delivered up into the hands of such persons of quality and trust to be likewise nominated by your Majesty as the two houses of Parliament shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Townes Castles and Forts shall keep the same Townes Castles and Forts respectively for the service of your Majesty and the safety of the Kingdom and that they shal not admit into any of them any forraigne Forces or any other Forces raised without Your Majesties authority and consent of the two Houses of Parliament and they shall use their utmost endeavours to suppresse all Forces whatsoever raised without such authority and consent and they shall seize all Armes and Ammunition provided for any such Forces They likewise humbly propose to Your Majesty that you would remove the Garrisons out of Newcastle and all other Townes Castles and Forts where any Garrisons have been placed by Your Majesty since these troubles and that the Fortifications be likewise sleighted and the Towns and Forts left in such State and condition as they were in in the yeere 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these troubles may be committed to the charge of such persons to be nominated by Your Majesty as both Houses of Parliament shal confide in and under such Instructions as are formerly mentioned And that those new Garrisons shall not be renewed nor their Fortifications repaired without consent of your Majesty and both houses of Parliament Northumberland Will. Pierrepont Ioh. Holland Will. Armyne B. Whitelocke March 28. 1643. HIs Majesty is content that all the Garrisons in any Townes and Forts in the hands of any Persons imployed by the two houses of Parliament wherein there were no Garrisons before these troubles be removed and all Fortifications made since that time may be sleighted and those Townes and Forts shall for the future continue in the same condition they were in before For the Cinqueports they are already in the custody of a Noble person against whom his Majesty knowes no just exceptions and who hath such a legall interest therein that his Majesty cannot with Justice remove him from it untill some sufficient Cause be made appeare to him but is willing if hee shall at any time be found guilty of any thing that may make him unworthy of that trust that he may be proceeded against according to the rules of Justice The Town of Portsmouth and all other Forts Castles and Townes as were formerly kept by Garrisons shall be reduced to their ancient proportion and the Government of them put into the hands of such persons against whom no just exceptions can be made all of them being before these troubles by Letters Patents granted to severall persons against any of whom his Majesty knowes not any exceptions and who shall be removed if just cause shall be given for the same The Warden of the Cinqueports and all Governors end Commanders of Townes Castles and Forts shall keepe the same Townes Castles and Forts as by the Law they ought to doe for his Majesties service and the safety of the Kingdome and they shall not admit into any of them forraigne Forces or other Forces raised or brought in contrary to the Law but shall use their utmost endeavour to suppresse all such Forces and shall seize all Armes and Amunition which by the Lawes and Statutes of the Kingdom they ought to seize The Garrisons of Newcastle and all other Towns Castles and Forts in which Garrisons have been placed by his Majesty since these troubles shall be removed and all the Fortifications shall be sleighted and the Towne and Forts left in such state and condition as they were in the year 1636. All other Townes Forts and Castles where there have beene formerly Garrisons before these troubles she ll be committed to the charge of such Persons and under such cautions and limitations as his Majesty hath before exprest And now new Garrisons shall be renewed nor their Fortifications repaired otherwise then as by the Lawes and Statutes of the Kingdome they may or ought to be Falkland March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports and Governors of Your Majesties Townes Castles and Forts we humbly desire to know if Your Majesties Reply doth intend that both houses of Parliament may expresse their confidence of the persons to whose trust those places are to be committed for what we are directed by our instructions that if Your Majesty be pleased to assent thereunto that You would nominate persons of Quality to receive the charge of them That we may forthwith certifie both houses of Parliament that thereupon they may expresse their confidence in those persons or humbly beseech your Majesty to name others none of which persons to be removed during three yeares next ensuing without just cause to be approved by both houses of Parliament and if any be so removed or shall dye within the said space the persons to be put in the same Offices shall be such as both houses shall confide in We humbly desire to know if Your Majesty intends the Garrison of Portsmouth to be of such a proportion as it was about the yeare 1641. About which time a new supply was added to the former Garrison to strengthen it which both houses of Parliament think necessary to continue We humbly desire Your Majesty would be pleased to give a more full answer to this clause that they should not admit into them any forraigne or other forces Raised without Your Majesties authority and consent of the two houses of Parliament and that the shall use their utmost endeavours to suppresse all forces whatsoever Raised
so tender of seeming to censure their proceedings as by waving his own true reasonable Justifications to leave his owne naked and exposed to a generall censure And his Majestie hopes that since they esteem his saying that they have taken his Ships from him contrary to Law to be a Censure they will either produce that Law by which they tooke them or free themselves from so just and unconfutable a censure by a speedie and unlimited restoration Upon which demand his Majesties care of his ancient and undoubted Rights doth oblige him to insist And when his Maiestie shall thinke fit to make an Admirall as neere as he can he shall be such an one against whom no iust exception can be made and if any shall be offered he will readily leave him to the triall of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. VVE are humbly to desire your Maiestie that all Generalls and Commanders in any of the Armies on either side as likewise the Lord Admirall of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Towne Castle or Fort may take an oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true reformed Protestant Religion and the peace of the Kingdome against all forraign Forces and all other Forces raised without your Maiesties authority and consent of the two houses of Parliament Northumberland W. Pierrepont W. Armine J. Holland B. Whitelocke April 5. 1643. HIs Majestle conceives the Oathes which all those Officers are already by Law obliged to take to bee very fully sufficient But if any thing shall be made appeare unto him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament his Majestie will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both houses of Parliament we are commanded humbly to informe your Majestie that both houses of Parliament conceive the ordinary Oathes of the Officers mentioned in your Answer concerning the same are not sufficient to secure them against the extraordinary Causes of iealousie which have beene given them in these troublesome times And that your Maiesties Answer layes some taxe upon the Parliament as if defective and thereby uncapable of making such a provisionall Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to your Maiestie concerning this matter Northumberland Iohn Holland W. Armine W. Pierrepont B. Whitelocke April 14. 1643. HIs Maiestie did not refuse by his former Answer to consent to any such Oath as shall bee thought necessary though he did and doth still conceive the Oathes already setled by Law to be sufficient neither did he ever suppose the Parliament incapable of making a provisionall Law for such an Oath but as he would be willing to apply any proper remedie to the extraordinary Causes of Jealousies if he could see that there were such causes so hee will be alwayes most exact in observing the Articles agreed on in preserving the true reformed Protestant Religion and the peace of the Kingdome against forraign Forces and other Forces raised or imployed against Law And when both houses shall prepare and present sent such an oath as they shall make appeare to his Majesty to be necessary to those ends his Majesty will readily consent to it Falkland The Papers concerning the disbanding of the Armies March 28. 1643. His Majesties Answer to the first Proposition of both his Houses of Parliament HIs Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both houses will contribute as much to it as his Majesty shall doe will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both houses to treat may be enlarged And as his Majesty desires nothing more then to be with his two houses so he will repaire thither as soon as he can possibly doe it with his honour and safety Falkland March 29. 1643. VVE are directed by our Instructions humbly to desire your Majesties speedy and positive answer concerning the disbanding of the Armies to which if your Majesty be pleased to assent we are then to beseech your Maiesty in the name of both houses that a neere day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkeshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornewall and Devonshire And they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters therunto belonging And that last of all a speedy day may be appointed for the disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit persons may be appointed by your Majesty and both houses of Parliament who may repaire to the severall Armies and see the disbanding put in speedy execution accordingly Northumberland W. Pierrepont W. Armyne I. Holland B. Whitlocke March 29. 1642. Concerning Your Majesties Answer to the Proposition of both Houses for disbanding of the Armies VVE humbly desire to know if by the words By a happy and speedy Conclusion of the present Treaty your Majesty doe intend a conclusion of the Treaty on your Majesties first proposition and their proposition for disbanding the Armies or a conclusion of the Treaty in all the propositions of both parts We have given speedy notice to both houses of Parliament of your Majesties desires that the time given to the Committee of both houses to treat may be enlarged To the last Clause we have no Instructions Northumberland W. Pierrepoint I. Holland W. Armyn B. Whitlock April 5. 1643. HIs Majesty intended by the words By a happy and speedy conclusion the Treaty such a conclusion of or in the Treaty as there might be a cleere evidence to himselfe and his good Subjects of a future peace and no ground left for the continuance or growth of these bloody dissentions which he doubts not may be obtained if both houses shall consent that the Treaty may proceed without further interruption or limitation of daies FALKLAND April 5. 1643. WHen the time for disbanding the Armies shal be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of disbanding and that fit persons may be appointed by his Majesty and both Houses of Parliament who may repaire