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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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and many things that are now darke or doubtfull in them cleered and explained upon debate his Majesty is pleased such is his sence of the miseries this Kingdome suffers by this unnaturall war and his earnest desire to remove them by a happy peace that a speedy time and place may be agreed upon for the meeting of such persons as his Majesty and both Houses shall appoint to discusse these Propositions and such others here following as His Majesty doth propose to them 1 THat his Majesties own Revenue Magazins Townes Forts and Ships which have been taken or kept from his by force be forthwith restored unto him 2 That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to his Majesties Legall and known power and rights he renounced and recalled that no seed may remaine for the like to spring out of for the future 3 That whatsoever illegall power hath bin claimed and exercised by or over his Subjects as imprisoning their persons without Law stopping thier Habeas Corpusses and imposing upon thier Estates without Act of Parliament c. either by both or either House or any Committee of both or either by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged 4 That as His Majesty will readily consent having done so heretofore to the execution of all Laws already made and to any good Acts to be made for the suppressing of Popery and for the firme setling of the Protestant Religion now established by Law so hee desires that a good Bill may be framed for the better preserving of the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender consciences as his Majesty hath formerly offered 5 That all such persons as upon the Treaty shall be excepted out of the Generall Pardon shall be tryed per Pares according to the usuall course and known Law of the Land and that it be left to that either to acquit or condemne them 6 And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Armes and free Trade for all his Majesties Subjects may be first agreed upon This offer and desire of His Majestie he hopes will be so cheerfully entertained that a speedy and blessed Peace may be accomplished If it shall be rejected or by insisting upon unreasonable Circumstances be made impossible which he hopes God in his mercy to this Nation will not suffer the guilt of the Bloud which will be shed and the desolation which must follow will lie upon the head of the Refusers However his Majesty is resolved through what accidents soever he shall be compelled to recover his Rights and with what prosperous successes soever it shall please God to bless him that by his earness constant endeavours to propagate and promote the true Protestant Religion and by his Governing according to the known Laws of the Land and upholding the just priviledges of Parliament according to his frequent Protestations made before Almighty God which he will always in violably observe The world shall see that he hath undergone all these difficulties and hazards for the defence and maintenance of those the zealous Preservation of which his Majesty well knows is the onely foundation and means for the true happiness of him and his People Hen. Elsing Cler. Parliament D.C. The Articles of Cessation sent to His Majesty Februar ultimo VVHereas the Lords and Commons in Parlia out of a tender sence of the present miseries and distractions of the Kingdome and for the obtaining and setling of a happy Peace between his Majesty and his People have humbly presented his Majesty divers Propositions to which he hath bin pleased to make this return That his desire was that a speedy time and place might be appointed for the discussing of those Propositions and likewise some others proposed by his Majesty It is thereupon agreed in both Houses that a Committee of both Houses shall be apponited to attend His Majesty on or before the fourth of March if his Majesty shall so please to endeavour to give him all humble and fit satisfaction concerning the said Propositions both his Majesties and their own And whereas for the more speedy removall of the bloudy and miserable effects of war his Majesty hath likewise been graciously pleased by a late Message to signifie his desire That for a voiding all intervening Accidents of war which might interrupt this Treaty there might be a Cessation of Arms under such particular conditions and limitations as should be agreed on Their humble desires therein concurring with his Majesty It is by them assented and agreed That a Cessation of Armes in Order to such a Treaty as is resolved upon by both Houses of Parliament may be enjoyned to all the Armies and Forces now on foot in the Kingdom of England and Dominion of Wales on either side under the restrictions and limitations hereafter following And that neither side shall be bound and limited by this Cessation in any otherwise or to any other purpose then is hereafter expressed 1 THat all manner of Armes Ammunition Victuals Money Bullion and all other Commodities passing without such a safe conduct as may warrant their passage may be staid and seized on as if no such Cessation were agreed on at all 2 That all manner of Persons passing without such a safe conduct as is mentioned in the Article next going before shall be apprehended and detained as if no such Cessation were agreed on at all 3 That his Majesties Forces in Oxfordshire shall advance no neerer to Windsor then Wheatly and in Buckinghamshire no neer to Aylesbury then Brill and that in Berks the Forces respectively shall not advance neerer the one to the other then now they are And that the Parliament Forces in Oxfordshire shall advance no neerer to Oxford then Henley and those in Buckingham no neerer to Oxford then Aylesbury And that his Majesties Forces shall take no new Quarters above twelve miles from Oxford any way And that the Parliament Forces shall take no new Quarters above twelve miles from Windsor any way 4 That no siege shall be begun or continued against Glocester And that his Majesties Forces now employed in the Siege shall return to C●…ester and Malmesbury or to Oxford as shall be most for their conveniencie And the Parliament Forces which are in Glocestershire shall remaine in the Cities of Glocester Bristoll and the Castle and Town of Berkley or retire neerer to Wondsor as they shall see cause And that those of Wales which are drawn to Glocester shall return into their Quarters where they were before they drew down to Glocestershire 5. That in cafe it be pretended on either side that the Cessation is violated no Act of Hostility is immediatly to follow but first the party complaining is to acquaint the Lord Generall on the other side
to allow three days after notice given for satisfaction And in case satisfaction be not given or accepted then five days notice to be given before hostility begin And the like to be observed in the Remoter Armics by the Commanders in Chief 6 Lastly that all other Force in the Kingdome of England and Dominion of Wales and not before mentioned shall remaine in the same Quatters Places as they are at the time of the publishing of this cessation and under the same conditions as are mentioned in the Articles before and that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the defence of his Majesties Dominions All which they humbly desire his Majesty will be pleased to ratifie and confirm And that this Cessation may begin upon the fourth of March next or fooner if it may be and continue untill the five and twentieth of the same moneth and in the mean time to be published to the Commanders Officers and Souldiers And all other his Majesties loving Subjects on either side and that the Treaty intended may commence upon the fourth of March next or sooner if it may be and the continuance thereof not to ex●…ed 20 days Hen. Elsinge Cler. Parl. D. Com His Majestys Message to both his House of Parliament in answer to the Articles of Cessation received at a Conference Martii 6. 1642. HIs Majesty hoped the Treaty would have bin begun and the Cessation agreed on long since and that much might in this time have been concluded in Order to the Peace and happinesse of the Kingdom but since in almost a moneth for his Majesty Propositions were made on the third of February and he heard not since from both Houses till the first of March no consent hath beene yeelded to it Hee conceives the Cessation cannot begin so soone as the fourth of this Moneth by which time though his Majestie uses no delay in making his Answer the same can hardly be returned to them And many of the Articles now presented to him from both Houses concerning the Cessation are so strict that such of his good Subjects who are not of his Army and for whom generally hee shall alwayes have a principall just and compassionate regard receive not any benefit or are restored to any libertie thereby which his Majestie shall ever insist upon when in matters meerely concerning himselfe he may descend to easier Conditions and which he hath returned with such Alteterations as he doubts not both Houses will consent to and doe sufficiently manifest how sollicitous his Majestie is for the good of his people and how desirous he is that in this unnaturall Contention no more blood of his Subjects may be spilt upon which he lookes with much griefe compassion and tendernesse of heart even of those who have listed up their hands against him and his Majestie therefore desires against which he can imagine no objection can be made that the Cessation may begin upon the Twelfth of this Moneth or sooner if the Conditions of the Cessation shall be sooner agreed on and is willing the same shall continue for twenty dayes in which time he hopes by the Treaty and a cleere understanding of each other a full peace and happinesse may be established throughout in Kingdome And during that time his Majestie is willing that neither side shall be bound or limited by this Cessation in any otherwise or to any other purpose then is hereafter expressed 1 That all manner of Armes Ammunition Money Bullion and victuals passing for the use of either Army without a passe or safe conduct from the Generalls of each Army may be stayed and seized on as if no Cessation were agreed on at all 2 That all Officers and Souldiers of either Army passing without such licence or safe Conduct as aforesaid may be apprehended and detained as if no such Cessation were agreed on at all And that all manner of persons his Majesties Subjects of what quality or condition soever except Officers and Souldiers of either Army shall passe to and from the Cities of Oxford and London and backe againe at their pleasures during this Cessation as likewise to and from any other parts of his Majesties Dominions without any search stay or imprisonment of their persons or seizure and detention of their goods or estates And that all manner of Trade Traffique and Commerce be free and open betweene all his Majesties subjects excepting as aforesaid betweene the officers and souldiers of either Armie or for Armes Ammunition Money Bullion or victuals for the use of either Army without a Passe or safe Conduct as aforesaid which may be a good beginning to renew the trade and correspondence of the Kingdome and whereby his good Subjects may be restored to that liberty and freedome they were borne to and have so happily enjoyed till these miserable distractions and which even during this warre his Majestie hath to his utmost laboured to preserve opening the way by most strict Proclamations to the passage of all commodities even to the City of London it selfe 3 That his Majesties forces in Oxfordshire shall advance no neerer to Windsor then Wheatly and in Buckinghamshire no neerer to Aylesbury then Brill and that in Bark-shire the forces respectively shall not advance neerer the one to other then they shall be at the day to be agreed upon for the Cessation to begin And that the forces of the other Army in Oxfordshire shall advance no neerer to Oxford then Henley and those in Buckinghamshire no neerer to Oxford then Aylesbury And that the forces of neither Army shall advance their quarters neerer to each other then they shall be upon the day agreed on for the Cessation to begin otherwise then in Passage and communication betweene their severall Quarters respectively without any acts of Hostility each to other but any inlarge themselves within their owne Quarters respectively as they shall find convenient 4 That the forces of either army in Glocestershire Wiltshire and Wales as likewise in the Cities of Glocester Bristoll and the Castle and Towne of Berkley shall be guided by the Rule exprest in the later part of the precedent Article 5 That in case it be pretended on either side that the Cessation is violated no act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord Generall on the other side and to allow three dayes after notice given for satisfaction and in case satisfaction be not given or accepted then five dayes notice to be given before hostility begin And the like to be observed in the remoter armies by the Commanders in chiefe 6 That all other forces the Kingdome of England and Dominion of Wales not before mentioned shall remaine in the same Quarters and places as they are at the time of publishing this Cessation otherwise then in passage and communication betweene their severall Quarters as is mentioned in the later part of the third Article And that this
Cessation shall not extend to restraine the setting forth or imploying and Ships for the defence of his Majesties Dominions Provided that his Majesty be first acquainted with the particulats and that such Ships as shall be set forth be commanded by such persons as his Majestie shall approve of 7 Lastly that during the Cessation none of his Majesties subjects be imprisoned otherwise then according to the knowne Lawes of the Land And that there shall be no plundring or violence offered to any of his Subjects And his Majesty is very willing if there be any scruples made concerning these propositions and circumstances of the Cessation That the Committee for the Treaty nevertheless may immediately come hither and so all matters concerning the Cessation may be here settled by him H. Elsynge Cler. Parl. D. Com. His Majesties Answer to the Articles of Cessation sent to His Majestie HIS Majestie hath sent a safe Conduct for the Earle of Northumberland Mr. Pierpoint Sir William Ermyn Sir John Holland and Mr. Whitlocke but hath not admitted the Lord Say to attend him as being excepted against by name is his Proclamation at Oxford of the third of November and by Writ to the Sheriffe proclaimed then in that County in which his Majesties Intention is declared to proceed against him as a person guilty of high Treason and so falling to be within the case of Sir Iohn Evelin who upon the same Exception was not admitted to attend his Majestie with the rest of the Committee at Colebrooke in November last But his Majestie doth signifie that in case the House shall thinke fit to send any other person in the place of the Lord Say that is not included in the like Exception his Majesty hath commanded all his Officers Souldiers and other subjects to suffer him as freely to passe and repasse as if his name had been particularly comprised in this safe Conduct His Majestie is content that his Proposition concerning the Magazines Forts Ships and Revenue and the Proposition of both Houses for the disbanding of the Armies shall be first Treated of and agreed of before the proceeding to treat upon any of the other Propositions And that after the second of His Majesties and the second of theirs be treated on and agreed of and so on in the same order And that from the beginning of the Treaty the time may not exceed Twenty dayes in which he hopes a full Peace and right understanding may be established throughout the Kingdome H. Elsynge Cler. Parl. D. Com. The last Articles of Cessation now sent to His Majestie THe Lords and Commons in Parliament being still carried on with a vehement desire of Peace that so the Kingdome may speedily be freed from the desolation and destruction wherewith it is like to be overwhelmed if the warre should continue Have with as much expedition as they could considered of the Articles of Cessation with those alterations and additions offered by his Majestie unto which they are ready to agree in such manner as is exprest in these ensuing Articles viz. 1 That all manner of Armes Ammunition Victuall Money Bullion and all other Commodities passing without a safe Conduct from the Generalls of both Armies as well of his Majesties as of the Armies raysed by the Parliament may be stayed and seized on as if no such Cessation were agreed at all 2 That all manner of persons passing without such a safe Conduct as is mentioned in the Articles next going before shall be apprehended and detained as if no such Cessation were agreed on at all 3 That his Majesties Forces in Oxfordshire shall advance no neerer to Windsor then VVheatly and in Buckinghamshire no neerer to Aylesburie then Brill and that in Barkeshire the Forces respectively shall not advance neerer the one to the other then they shall be at the day to be agreed on for the Cessation to begin And that the Forces of the other Army raysed by the Parliament shall advance no neerer to Oxford then Henley and those in Buckinghamshire no neerer to Oxon then Alisbury and that the Forces of neither army shall advance their Quarters neerer to each other then they shall be upon the day agreed on for the Cessation to begin 4 That the Forces of either army in Glocestershire VVilts and VVales as likewise in the Cities of Glocester and Bristoll and the Castle and Towne of Berkley shall be guided by the rule exprest in the later part of the precedent Article 5 That in case it be pretended on either side that the Cessation is violated no act of Hostilitie is immediately to follow but first the party complayning is first to acquaint the Lord Generall on the other side and to allow three dayes after notice given for satisfaction and in case satisfaction be not given or accepted then five dayes notice to be given before Hostilitie begin and the like to be observed in the remoter armies by the Commanders in Chiefe 6 That all other forces in the Kingdome of England and Dominion of Wales not before-mentioned shall remayn in the same Quarters and places as they are at the time of the publishing of this Cessation and under the same Conditions as are mentioned in the Articles before And that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the defence of his Majesties Dominions 7 That as soon as his Majesty shal be pleased to disband the Armies which both Houses earnestly desire may be speedily effected and to disarme the Papists according to Law the Subjects may then enjoy the benefit of peace in the liberty of their persons goods and Freedom of Trade in the mean time the Generals and Commanders of the Armies of both sides shall be enjoyned to keep the Souldiers from plundering which the two Houses of Parliament have ever disliked and forbidden And for the speedy setling of this so much desired Peace they have thought good to send their Committees with Instructions that if his Majesty be pleased to consent to a Cessation so limited and qualified they may forthwith proceed to treat upon the Propositions and because the time is so far elapsed in these preparations they desire the Cessation may begin the five and twentieth of this instant March or sooner if it may be and in the mean time notice to be given to all the Forces in the severall and remote parts and the Commanders Officers and Souldiers are enjoyned to observe this Cessation accordingly to which they hope and pray that God wil give such a blessing That thereupon Peace Safety and Happines may be produced and confirmed to his Majesty and all his People H. Elsing Cler. Parl. Dom. Com. Instructions agreed on by the Lords and Commons in Parliament for Algernoon Earle of Northumberland William Lord Viscount Say and Seale William Pierpoint Esquire Sir William Armyn Baronet Sir Iohn Holland Baronet and Bulstrode Whitlock Esquire Committees appointed to attend his Majestie upon the Propositions made by his Majestie
the time to come may hold their places by Letters Patents under the great Seale Quam diu se bene Gesserint and that he severall persons not before named that doe hold any of these places before inentioned may be removed That all such persons as have been put out of the Commissions of Peace or Oyer and Terminer or from being Custodes Rotulorum since the first day of April 1642. other then such as were put out by desire of both or either of the houses of Parliament may againe be put into those Commission and Offices And that such persons may be put out of those Commissions and Offices as shall be excepted against by both houses of Parliament That Your Majestie will be pleased to passe the Bill now presented to your Majestie to vindicate and secure the Priviledges of Parliament from the ill consequence of the late President in the Charge and proceeding against the Lord Kimbolton now Earle of Manchester and the five Members of the house of Commons That Your Majesties Royall Assent may bee given unto such Acts as shall be advised by both houses of Parliament for the satisfying and paying the debts and damages wherein the two houses of Parliament have ergaged the publicke Faith of the Kingdome That Your Majestie will be pleased according to a gracious Answer heretofore received from You 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 designes and attempts of the Popish and Jesuitical Faction to subvert and suppresse it whereby Your Subjects may hope to bee free from the mischiefes which this Kingdome hath endured through the power which some of that Partie have had in Your Counsells and will be much encouraged in a Parliamentary way for Your Ayde and Assistance in restoring your Royall Sister and the Prince Elector to those Dignities and Dominions which belong unto them and releeving the other distressed Protestant Princes who have suffered in the same Cause That in the Ganerall Pardon which your Majestie hath bin pleased to offer to your Subjects all offences and misdemeanours committed before the tenth of Ianuary 1641. which have been or shall be questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted which offences and misdemeanours shall neverthelesse be taken and adjudged to be fully discharged against all other inferiour Courts That likewise there shall be an exception of all offences committed by any person or persons which hath or have given any counsell assistance or encouragement to the Rebells there for the maintenance of the Rebellion As likewise an exception of William Earle of Newcastle and George Lord Digby That Your Majestie will be pleased to restore such Members of either house of Parliament to their several places of Services and Imployment out of which they have been put since the beginning of this Parliament That they may receive satisfaction and reparation for those places and for the profits which they have lost by such removalls upon the Petition of both houses of Parliament And that all others may be restored to their Offices and Imployments who have been put out of the same upon any displeasure conceived against them for any Assistance given to both houses of Parliament or obeying their Commands or forbearing to leave their Attendance upon the Parliament without licence or for any other occasion arising from these unhappy differences betwixt your Majestie and both houses of Parliament upon the like Petition of both houses These things being granted and performed as it hath alwayes beene out hearty prayer so shall we be enabled to make it our hopefull endeavour That your Majestie and your people may enjoy the blessings of Peace Truth and Iuffice The Royaltie and greatnesse of Your Throne may bee supported by the Loyall and bountifull affections of Your people Their Liberties and Priviledges maintained by your Majesties Protection and Iustice And this publicke honour and happinesse of your Majesty and all Your Dominions Communicated to other Churches and States of Your Alliance and derived to your Royall Posterity and the future Generations in this Kingdome for ever H. Elsynge Cler. Parl. D. Com. His Majesties Answer to the Desires and Propositions of both Houses February the third 1642. Received at a Conference with the Lords February the sixt 1642. IF his Majesty had not given up all the faculties of his soul to an earnest endeavour of a Peace and reconciliation with his People or if he would suffer himself by any Provecation to be drawn to a sharpness of Language at a time when there seems somewhat like an Overture of Accommedation hee could not but resent the heavy charges upon him in the Preamble of these Propositions and would not suffer himself to be reproached with protecting of Delinquents by force from Justice his Majesties desire having always bin that all men should be Tryed by the knowne Law and having been refused it with raising an Army against his Parliament and to be told that Armes have been taken up against him for defence of Religion Laws Liberties Priviledges of Parliament and for the sitting of the Parliament in safety with many other particulars in that Preamble so often and so fully answered by his Majesty without remembring the World of the time and circumstances of raising those Arms against him when his Majsety was so far from being in a condition to invade other mens Rights that he was not able to maintain and defend his owne from violence And without telling his good Subjects that their Religion the true Protestant Religion in which his Majesty was born hath faithfully lived and to which he will die a willing Sacrisice thier Laws Liverties Priviledges and safety of Parliament were so amply setled and estavlished or offered to be so by his Majesty before any Army was raised against him and long before any raised by him for his defence that if nothing had been desired but that Peace and Protection which his Subjects and their Ancestors had in the best times enjoyed under his Majesty or his Royall Predecessors this misunderstanding and distance between his Majesty and his people and this generall misery and destraction upon the face of the whole Kingdome had not beene now the discourse of Christendome But his Majesty will forbeare any Expressions of Bitternesse or of a sence of his own sufferings that if it be possible the memory thereof may be lost to the World And therefore though many of the Propositions presented to his Majesty by both Houses appeare to him very derogatory from and destructive to his just power and Prerogative and no way beneficiall to his Subjects few of them being already due to them by the Laws established And how unparliamentary it is by Arms to requite new Laws all the World may judge yet because these may be waved or mollified