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lord_n	duke_n	earl_n	seal_n	11,256	5	9.3740	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91048	The proceedings in the late treaty of peace· 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

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

upon the matter all the Propositions made by his Majesty which did not in Tearmes agree with those presented to him are utterly rejected For these Reasons and that this Entrance towards a blessed Peace and Accommodation which hath already filled the hearts of the Kingdome with Joye and Hop may be improved to the wished end his Majesty desires that the Committee now sent may speedily have liberty to treate debate and agree upon the Articles of Cessation in which they and all the world shall find that his Majestie is lesse sollicitous for his owne Dignity and Greatness then for his subjects Ease and Liberty And Hee doubts not upon such a Debate all differences concerning the Cessation will be easily and speedily agreed upon and the benefit of a Cessation bee continued and confirmed to his People by a speedy disbanding of both Armies and a sudden and firme Peace which his Majesty above all things desires If this so reasonalbe equall and just Desire of his Majesty shall not be yeelded unto but the same Articles still insisted upon though his Majesty next to Peace desires a Cessation Yet that the not agreeing upon the one may not destroy the hopes of nor so much as delay the other He is willing however to Treate even without a Cessation if that bee not granted upon the Propositions themselves in that order as is agreed upon and desires the Committee here may be enabled to that effect In which Treaty Hee shall give all his Subjects that satisfaction That if any Security to enjoy all the Rights Priviledges and Liberties due to them by the Law or that happinesse in Church and State which the best times have seene with such farther acts of Grace as may agree with his Honour Justice and Duty to his Crowne and as may not render Him lesse able to protect His Subjects according to his Oath will satisfie them Hee is confident in the mercy of God that no more pretious blood of this Nation will be thus miserably spent My Lord and Gentlemen VVHereas by your former Instructions you are tyed up to a circumstance of time and are not to proceed unto the Treaty upon the Propositions untill the cessation of Arms be first agreed upon You are now authorized and required as you may perceive by the Votes of both Houses which you shall herewith receive to Treat and debate with His Majesty upon the two first Propositions according to those Instructions for four dayes after the day of the receipt hereof notwithstanding that the Cessation be not yet agreed upon Your Lordships most humble servant Manchester Speaker of the House of Peers pro tempore March 24. 1642. Received March 25. Die Veneris 24. Martij 1642. Resolved upon the Question by the Lord and Cōmons in Parliament THat the Committee at Oxon shall have power to Treat and Debate with His Majesty upon the two first Propositions according to their Instructions for four dayes after the day of the receipt of this Message notwithstanding that the Cessation is not yet agree upon Resolved c. THat the Committee formerly appointed to prepare the Articles of Cessation and Instructions for the Committee at Oxon shall consider of an Answer to be made to His Majesties Message this day received And likewise prepare Reasons to be sent to the Committee for them to presse in the Treaty and Debate upon the former Articles of Cessation And to shew His Majesty the grounds why the Houses cannot depart from those former Articles John Brown Cler. Parliamentorum The Votes of both Houses and the Copy of the answer to His Majesty Received Martii 25. 1642. May it please Your Majesty VVEe Your Loyall Subjects the Lords and Commons in Parliament having received a Message from Your Majesty In which you are pleased to expresse Your Selfe not to be satisfied with the Articles of Cessation Presented unto You by our Committee now attending You at Oxford and yet a signification of Your Majesties willingnesse to Treat upon the Propositions themselves even without a Cessation Do with all humblenesse give our consent that our Committee shall have power to Treat and debate with your Majesty upon the two first Propositions according to their Instructions for four dayes after the day of the receit of this Message notwithstanding that the Cessation be not yet agreed upon That as much as in us lyes there may be no delay in the proceedings for the obtaining of a blessed Peace and the healing up the miserable breaches of this distracted Kingdom And do purpose to represent very speedily unto your Majesty those just Reasons and grounds upon which we have sound it necessary to desire of your Majesty a Cessation so qualified as that is whereby we hope you will receive such satisfaction as that you will be pleased to assent unto it and being obtained we assure our selves it will be most effectuall to the safety of the Kingdom and that Peace which with so much zeal and loyall affection to your Royall person and in a deep sence of the bleeding condition of this poor Kingdom we humbly beg of your Majesties justice and goodnesse John Brown Cler. Parl. A Letter from the E of Manchester to the E. of Northumberland Received March 29. MY Lord I am commanded by the Peers in Parliament to send unto your Lordship the Reasons which both Houses think fit to offer unto His Majesty in pursuit of their adhering to their former Resolution concerning the Articles of the Cessation of Arms. MY Lord you shall likewise receive additionall Instructions from both Houses and a Vote which I send you here inclosed My Lord this is all I have in command as Your Lordships most humble servant Manchester Speaker of the House of Peers pro tempore Mar. 27. Die Lun●… 27. Martii 1643. Resolved upon the Question by the Lords in Parliament THat the E. of Northumberland their Committee at Oxford is therby authorized to acquaint His Majesty with all their Instructions upon the two first Propositions Joh Brown Cler. Parl. Additionall Instructions March 29. Additionall Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seale William Pierpoint Esq Sir William Armine Baronet Sir John Holland Baronet and Bulstrode Whitlock Esq Committees attending His Majestie upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesties third Article in this maner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Hou●es of Parliament You shall humbly present to his Majesty the Reasons herewithall sent from both Houses for their not assenting to those alterations and additions to the Articles of Cessation offered by his Majesty You shall presse the force of those Reasons or any other as there shall be occasion in the best manner you may to procure his Majesties a●s●… to those Articles of Cessation which if you shall obtain within two dayes after the day of

Law was His own as His Majesty was pleased to expresse it and take from Him should be restored unto Him without any conditioning or new lymitations to be put upon Him or His Ministers And now the Lords and Commons will referre it to the world to judge whither their demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider That this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other That the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them That for any one side to demand the possession and power thereof and the other side to disband their forces and quit themselves of all their strength is in effects a totall disbanding of that side and a continuing the forces of the other which must be granted to be most unequall And therefore the Lords and Commons did think it just and honourable That the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent * The fourth of Edward the third Articw 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose content or of some of them no great businessle was to be transacted Rot. Parham 13 E. 3. N 15 16 The whole N●… d●sposed of by Parliament N. 13 14 Admiralls appointed and Instructions given to them N 32 Instructions for the defence of Jersey and a Deputy Governour apointed in Parliament N 35. Souldiers of York Nottingham c to go at the cost of the Countrey and what they are to do N. 36 A Clark appointed for payment of the r●wages by the oversight of the Lord Percy and Nevill N. 38 Sir Walter Creak appointed keeper of Berwick N. 39. Sir Tho de Wake appointed to set forth the Array of souldiers for the County of York and N. 40 41 42 4 others for other Counties XILLI E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwall shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancast Warton and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea Coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick R 48 Commission to the L. Mowbray of the Iustices of Lentham N. 53 54. c Commissions of Arra to the Earl of Angou and others XV. E. 3. N. 15. That the Chancellors ch●ef Iustices Treasurers Chancello●s and Barons of the Exche quer c may be chosen in open Pariament and there openly sworn to observe the Law Answer thus That as they fall by death or otherwise it shall be so done in the choyce of a new with you assents c L.E. 3 N. ●0,11 Ordered in Parliament That the King should have at the least tea or twelve Councellors without whom no weighty matters should passe c. N 15. A Commission to the L. Perey and others to appo●nt able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18,12 The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoine Ireland and A●ton Keepers of the Ports Castles c. II R. 2. Rot. Parl. pars 2. artic 39. The Admiralry N. 37 In a chedule is containe the order of the E of Northumb and others for the desence of the North Sea-Coasts and confirmed in Parliament VI. R. 2. N 11. The Proffer of the Bishop of Norwich to keep the Sea Coasts and accepted in Parliament VIII R. 2. 11.16 The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause XI R. 2. N 23. No persons to be about he King or intermedole with the Affairs of the Realm other then such as be appointed by Parliament XV. R. 2. N 15 The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H 4 N. 106. That the King will appoint able Captains in England and Wales Stat. 4 H. 4 cup. 31,32,33 primed The wels h men shall bea Office V. H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other men from about him N 37. At the Request of the Commons nameth divers Privy Councellors VII VIII H. 4.26 Power given to the Merchants to name two persons to be Admiralls VII VIII H. 4. N 31 Councellors appointed by Authority of Parliament N 26. Commissions granted in Parliament to keep the Sea Rot. Parl. ● H. 6. N 61 Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N 26. Privy Councellors II. H. 6 N 15. Councell named by Parliament IV. H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwich Castle XIV H. 6 N. 10 The keeping of the Town of Callice is committed to the Duke of Glo●cester by Indenture between him and the King and confirmed in Parliament XXXI H. 6 N 41. Roch Earl of Salubury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three yeers 33 H. 6 N. 27. Discharged 39 H. 6 N. 32. The Duke of York made by Parliament Generall Stat 21 ●ac cap. 34. Treasurers and a Councell of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lievt of the County of Yorke Sir Io. Conniers Lievt of the Tower upon the desire of the Lords and Commons this Parliament With very many more Presidents which to avoid prolixity are purposely omitted Presidents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesties Predecessors have assented thereunto Thirdly It was a Proposition which his Majestie himself in severall Declarations of his own affirmed to be reasonable and just for in his Majesties Answer to a Petition of the house of Commons January 28.1641 He He expresseth thus For the Forts and Castles of the Kingdom his Majestie is resolved they shall be in such hands and onely in such as the Parliament may safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all dangers or Jealousies of any His Majesties will be content to put in all the places both of Forts and Militia in the sevarall Counties such persons as both Houses of Paliament shall

the receit hereon you shall in the name of both houses of Parliament agree and conclude upon the Cessation to continue to the end of twenty dayes to be reckoned from the twenty fifth of March and upon a day certain assoon as may be when the same shall first begin and be of force within which time notice is to be given aswell by his Majesty as by the Lords and Commons to the severall Generalls Commanders and Souldiers respectively to observe the same Cessation as it is qualified and limited in those Articles And after such conclusion made you shall take care that those Articles be passed under the Great Seal in a fitting and effectual maner and speedily sent up to the Lords and Commons in Parliament with four Duplicates of the same at least If his Majesty shall please to agree upon the two Propositions concerning his own Revenues Towns Forts Magazines and Ships and the disbanding of the Armies you are then authorised fully to agree and conclude upon those Propositions according to your Instructions and you shall desire his Majesty that the same may be forthwith put in execution according to the Instructions formerly given in that behalf And the two Houses will be ready to put in execution what is to be performed on their part of which you have hereby power to assure his Majesty And if his Majesty shall not be pleased to agree upon those two Propositions within the time of four dayes you shall then speedily give advertisement to the two Houses of Parliament that thereupon they may give such further direction as to them shall seem fit Joh Brown Cler. Parliamentorum Martii 27. 1643. Reasons for the Committee To the KINGS most Excellent MAJESTY The Lords and Commons in Parliament Assembled Do with all humble thankefulnesse acknowledge Your Majesties favour in the speedy admission of their Committee to Your Royall Presence and the expedition of Your Exceptions to their Articles that so they might more speedily endeavour to give Your Majestie satisfaction And although they were ready to agree to the Articles of Cessation in such manner as they exprest in their Preface they cannot agree to the alteration and addition offered by Your Maiesty without great prejudice to the Cause and danger to the Kingdom whose cause it is The reasons whereof will cleerly appear in the answer to the particulars prest by Your Majestie 1. THey do deny that they have restrained any Trade but to some few of those places where Your Majesties forces are enquartered and even now in the heat of War do permit the Carriers to go into all the parts of the Kingdom with all sorts of commodities for the use of the Subjects except Arms Ammunition money and Bullion But if they should grant such a free Trade as Your Majesty desireth to Oxford and other places where Your forces remain It would be very difficult if not impossible to keepe Arms Ammunition money and Bullion from passing into Your Majesties Army without very strict and frequent searches which would make it so troublesome chargeable and dangerous to the Subjects That the question being but for twenty dayes for so few places the mischiefs and inconveniences to the whole Kingdome would be far greater than any advantage which that small number of Your Subjects whom it concerns can have by it The case then is much otherwise than is exprest by Your Majesties Answer for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the cessation The truth is that they do grant it as fully to the benefit of the Subject even in time of War and that Your Majesty in pressing this for the peoples good doth therein desire that which will be very little beneficiall to the Subjects but exceeding advantagious to Your Majesty in supplying Your Army with many necessaries and making Your quarters a staple for such commodities as may be vented in the adjacent Counties and so draw money thither whereby the Inhabitants will be better enabled by Loans and contributions to support Your Majesties Army And as Your Majesties Army may receive much advantage and the other Army much danger if such freedom should be granted to those places so there is no probability that the Army raised by the Lords and Commons shall have any return of commodities and other supplies from thence which may be usefull for them And they conceive that in a Treaty for a Cessation those demands cannot be thought reasonable which are not indifferent that is equally advantagious to both parties As they have given no interruption to the Trade of the Kingdom but in relation to the supply of the contrary Army which the reason of War requires So they beseech Your Majesty to consider whether Your souldiers have not robbed the Carriers in severall parts where there hath been no such reason And Your ships taken many ships to the great dammage not only of particular Merchants but of the whole Kingdom And whether Your Majesty have not declared Your own purpose and endeavoured by Your ministers of State to embarque the merchants goods in forreign parts which hath been in some measure executed upon the East-land merchants in Denmarke and is a course which will much diminish the wealth of the Kingdom violate the law of Nations make other Princes Arbiters of the differences betwixt Your Majesty and Your people break off the intercourse between this and other States and like to bring us into quarrells and dissentions with all the neighbour Nations 2. To demand the approving of the Commanders of the Ships is to desire the strength of one party to the other before the difference be ended and against all Rules of Treaty To make a cessation at Sea would leave the Kingdom naked to those forreign forces which they have great cause to believe have been sollicited against them and the Ports open for such supplies of Arms and Ammunition as shall be brought from beyond the seas But for conveying any number of forces by those means from one part to another they shall observe the Articles of the Cessation by which that is Restrained 3. As for the expression of the Army raised by the Parliament They are contented it should be altered thus raised by both Houses of Parliament as not desiring to differ upon words but to give any conlusive power in this case to the Committee upon such differences as may arise wherein the Houses have given no expresse direction is neither safe for the Committee to undertake nor fit for the two Houses to grant yet to debate and to presse the reason of their desires whereby an agreement from Your Majesty may bee procured is granted to them and although the two Houses did think it 〈◊〉 proper the Cessation should be first agreed on and that it was unfit to treat in bloud yet to satisfie the world of their earnest longing after peace they have given power to the Committees to enter into the treaty upon

Will. Pierrepoint Will. Armyne B. Witlocke Jo Holland The Kings Reply touching Cessation and desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Comittee according to his Majesties desire had had but power to agree in the wording of expressions in the Articles of cessation His Majesties which are as cleer as the matter would bear and as he could make them had not appeared so doubtfull to any but that the cessation might have bin suddenly speedily resolved and that long before this time And if the expression of both Houses in their reasons had not necessitated his Majesty in his own defence to give such answers as could not upon those points deliver truth without some shew of sharpnes no expression of that kind in his Majesties answer had given any pretence for the rejection of or refusing so much as to treat upon this cessation which though it were at present for no long time yet was from the day named by themselves the 25th of March Whereas his Majesty first mov'd for a Cessation and treaty without any limitation at all in the time of either and his Majestie was most ready to have enlarg'd the time so that in the meane while the point of quarters might be so setled as that his Armies might subsist and which might have beene if they had pleas'd a very good and promising earnest and fore-runner of that great blessing of Peace for the obtaining of which the wishes and endeavours of all good men being earnestly bent a farther debate in order to so great a benefit did not deserve to be stiled a consumption of time And his Majesty cannot but conceive himselfe to be in a strange condition if the doubtfulnesse of expressions which must alwayes be whil'st the treaty is at such a distance and power is denied to those upon the place to helpe to cleere and explaine or his necessary Replying to charges layd upon him that hee might not seeme to acknowledge what was so charged or the limitation of the time of seven dayes for the treaty which was not limited by his Majesty who ever desired to have avoyded that and other limitations which have given great interruptions to it should bee as well believed to bee the grounds as they are made the arguments of the Rejection of that which next to Peace it selfe his Majesty above all things most desires to see agreed and setled and which his Majesty hopes if it may bee yet agreed on will give his people such a taste of such a blessing that after a short time of consideration and comparing of their severall conditions in war and Peace and what should move them to suffer so much by a change they will not thinke those their friends that shall force them to it or bee themselves ready to contribute to the renewing of their former miseries without some greater evidence of necessity than can appeare to them when they shall have seen as they shall see if this treaty be suffered to proceed That his Majesty neither asks nor denies any thing but what not only according to Law He may but what in Honor and care of his people He is oblig'd to ask or deny And this alone which a very short Cessation would produce His Majesty esteems a very considerable advantage to the Kingdom And therfore cannot but presse again and again that what ever is thought doubtfull in the expressions of the Articles may as in an hour it may well be done be expounded and whatsoever is excepted at may be debated and concluded and that power and instructions may be given to the Committee to that end That the miserable effects of War the effusion of English bloud and desolation of England untill they can bee totally taken away may by this means be staied and interrupted His Majesty supposes That when the Committee was last required to desire his Majesty to give a speedy and positive Answer to the first Proposition concerning disbanding His Answers in that point to which no Reply hath been made and which He hopes by this time have given satisfaction were not transmitted and received But wonders the Houses should presse his Majesty for a speedy and positive Answer to the first part of their first Proposition concerning disbanding when to the second part of the very same Proposition concerning his return to both Houses of Parliament they had not given any power or instructions to the Committee so much as to treat with his Majesty And when his Majesty if his desire of peace and of speeding the treaty in order to that had not been prevalent with him might with all manner of Justice have delayed to begin to treat upon one part untill they had beene enabled to treat upon the other In which point and for want of which power from them the only stop now remains His Majesties Answers to both parts of their first Proposition being given in transmitted and yet remaining unanswered To which untill the Houses shall be at leisure to make Answer that as little delay in this Treaty as is possible may be caused by it His Majesty desires likewise That the Committee may be enabled to treat upon the following Propositions in their severall orders A Letter from both Houses April 8. WE have sent unto you by this Gentleman Sir Peter Killegrewe some additionall Instructions by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken upon the papers which they received this day from you This is all we have in command and remaine Westminster this 8 of April 1643. Your Lordships humble Servants MANCHESTER Speaker of the House of Peers pro tempore WILLIAM LENTHALL Speaker of the Commons House in Parliament Instructions concerning the Insisting Received April 9. 1643. Additionall Instructions for Algernon Earle of Northumberland William Lord Viscount Say and Seale William Pierrepoint Esq Sir William Armyne and Sir John Holland Baronets Bulstrode Whitelocke Esquire Committees from both Houses attending His Majesty at Oxford Magazines and enlarging the time THe two Houses of Parliament are unsatisfied with his Majesties Answer to that Clause of the first Proposition which concernes the Magazins Wherefore you are to desire his Majesty to make a further Answer in such manner as is exprest in the Instructions formerly given you And you shall let his Majesty know That the Lords and Commons do not think fit to enlarge the time of the Treaty beyond the twenty dayes formerly limited Cinque-Ports Towns Forts and Castles THey likewise remain unsatisfied with his Majesties Answer concerning the Cinque-Ports Towns Forts and Castles being in the most materiall points an expresse denyall Wherefore you are to insist upon their desire for another answer according to your Instructions Shipps THey observe in his Majesties Answer concerning the Ships not only a denyall to all the desires of both Houses But likewise a Censure upon their

Members to their sitting and Votes It is observable that the demand is made without distinction of persons or offences so that be the persons never so criminous or the offences never so notorious and so the Judgement never so just yet all must be restored or no consent to disbanding And the reason and ground of the Demand is as observable Because they adhered to His Majesty in these distractions An Argument they must confesse much used by the Earl of Strafford in defence of his Treason who would have justified the most notorious Crimes laid to his charge by Authority and Commands derived from His Majesty and his zeal to advance His Majesties Service and profit and no doubt the same reason may be used for the Judges in case of Ship-money and most of the Monopolists and Projectors who by Letters Patents had not onely His Majesties Command and Authority for the doing what they did but brought in great Sums of Money to His use and benefit and that perhaps in times of necessity and want thereof And so consequently because these adhered to His Majesty for what they did was for his profit with the like reason it may be required That all Impeachments and Proceedings against them should be repealed and laid aside And surely nothing can be more destructive and dangerous both to Parliament and Kingdom then the consenting to that Demand For what can be more destructive to both Houses then to restore those persons to have their former suffrage and Votes in Parliament over the lives and Liberties of the People and the Priviledge of Parliament who have not onely disserted the Parliament disobeyed and contemned their Authority neglected the Trust reposed in them by those that sent them thither in whose behalf they were to attend and serve there but by private practises and open hostility have endeavoured to destroy both Parliament and people And it would be an objection of difficultie to answer whether in giving a consent to this demand the people who are to chuse these Members should not be deprived of their interest and freedom of choice and election now divolved unto them by putting out the Members already sent And to this they might adde the danger of the President and the reflection of dishonour that would fall upon both Houses should they consent to this which would be with the same breath as it were to give and repeal their judgement and pronounce sentence of injustice and rashnesse against themselves but they will not insist thereupon in a case otherwise so full of danger and inconveniencie to the publique And touching the Proposition of adjourning the Parliament twenty miles distant from London they shall not need in a case so apparant to spend many words to discover the inconveniencie and unreasonablenesse thereof for should they assent unto it to passe over the inconveniencies that would happen to such persons that should have occasion to attend the Parliament by removing it so far from the residencie of the ordinary Courts of Justice and the places where the Records of the Kingdom remain whereof there is frequent use to be made it would not onely give a tacite consent to those scandals so often pressed and affirmend in severall Declarations That is That His Majestie was forced for the safetie of His own person heretofore to withdraw and hitherto to absent himself from the Parliament which both Houses can by no means admit but must still deny But likewise to that high and dangerous aspersion of awing the Members of this Parliament raised without doubt purposely to invalide the Acts and proceeding thereof And by that engine in case the Popish Armie should prevail against the Parliament which they trust God in his goodnesse will never permit to overturn and nullifie all the good Lawes and Statutes made this Parliament And it would give too much countenance to those unjust aspesirons laid to the charge of the City of London whose unexsampled zeal and fidelity to the true Protestant Religion and the Liberty of this kingdom is never to be forgotten That His Majesty and the Members of both Houses cannot with safety to their persons reside there when as they are well assured That the loyalty of that City to His Majesty and their affections to the Parliament is such as doth equall if not exceed any other place or City in the Kingdom And with what safety the two Houses can sit in any other place when even in the place they now reside the House of Commons was in apparent danger of violence when His Majestie accompanied with some hundreds of armed men came thither to demand their Members let the world judge And now the Lords and Commons must appeal to the judgement of all impartiall men Whether they have not used their utmost and most faithfull endeavours to put an end to the distractions of this Kingdom and to restore it to a blessed and lasting Peace And whether their Propositions being the way thereunto were not such as were reasonable and necessary for them to make and just and Honourable for His Majesty to grant And whether His Mejesties Answer to these Propositions are satisfactory or correspondent to His Expression To have given up all the faculties of His soul to an earnest endeavour of a Peace and Reconciliation With His People But they must confesse that they had just cause to suspect That this would be the happy issue of the Treaty for the prevalency of the enemies thereof who like that evill spirit do most rage when they think they must be cast out was such that they would not proceed therein one step without some attempt or provocation layd in the way to interrupt and break it off for after they had resolved to present their humble desires and propositions to His Majesty their Committee must not without a speciall safe counduct and Protection from Him have accesse to Him a liberty incident to them not only as they are Members of the Parliament and employed by both Houses but as they were free born Subjects and yet when they passed over this His Majesty refused a safe conduct to the Lord Viscount Say and Seal being one of the Committee appointed by both Houses to be employed upon that occasion such a breach of priviledge that they beleeve is not to be paralelled by the example of former times and yet their desire was such to obtain the end they drive at that is a happy and lasting peace That they resolved not to interrupt the Treaty for that time by insisting upon it And then they had no sooner entred upon the Treaty but a Proclamation dated at Oxon the 16 of February 1642. entituled His Majesties Proclamation forbidding all His loving Subjects and the Counties of Kent Surrey Sussex and Hampshire to raise any Forces c. And another Proclamation dated the 8 of February forbidding the assessing and payment of all Taxes by vertue of an Ordinance of both Houses and all entring into Associations were published in