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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

and be of force within which time notice is to be given as well 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 last presented to Your Majesty Northumberland John Holland B. Whitlocke Will Pierrepoint Will. Armyne The Kings question concernning removall of quarters March 31 1643. VVHether by denying the Communication of quarters you intend to restrain the quarters of either Army from each other As that the forces at Abbington may not remove to Banbury or the forces at Henly may not remove to Alisbury or to any other places within the quarter of each army respectively Falkland The Committees answer concerning removall of quarters Mar. 31. 1643. IN answer to Your Majesties question upon the third Article of the Cessation We humbly conceive That it is not intended to restraine the quarters of their Army respectively from each other So as they come not neerer the quarters of the other Army But that the forces at Abbington may remove to Banbury or the forces at Henly may remove to Alisbury or to any other place within the quarters of each Army respectively So as the Forces of either Army respectively come not neerer the quarters of the other armie then they shall be upon the day agreed on for the cessation to begin John Holland B. Whitelocke Northumberland Will. Pierrepoint Will. Armyne The Kings Questions concerning the Cessation March 31. 1643. HIs Majesty desires to be resolved by the Committee of Lords and Commons Whether the Forces of Oxford may not as well go to Reading as the Forces of Henly may to Alisbury Whether His Majesties Forces belonging to the Army at Oxford may not go to Shrewsbury or any other place backwards from London so that in their march they approach no neerer to any quarters of any of the contrary Armies then some of His Majesties Forces shall quarter upon the day agreed upon for the Cessation to begin Falkland The Committees answer concerning the Cessation March 31. 1643. VVE humbly conceive That by our Instructions we are not enabled to give any resolution upon Your Majesties questions concerning the remove all of quarters other than we have already given Northumberland John Holland B. Whitlocke Will. Pierrepoint Will. Armyne A Letter from the Earle of Manchester April 4. MY LORD I Am commanded by the Lords in Parliament to send unto your Lordship these enclosed Votes for the giving your Lordship and the Committee longer time to treat of the first Propositions This is all I have incommand as April 2. Your Lordships most humble servant MANCHESTER Speaker of the House pro tempore Votes of both Houses for four dayes longer to Treat April 4. Die Luna Aprilis 3. 1643. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat further time shall be given to the Committee at Oxon to Treat upon the two first Propositions viz. The first Proposition of His Majesties And the first Proposition of both Houses Resolved c. THat the time prescribed for the Treaty upon the two first Propositions shall be untill Friday next Resolved c. That Friday in this last question shall be taken inclusive Jo Brown Clex Parliamentorum His Majesties Message concerning the Cessation Charles R. HOw His Majesty hath spent His time since the Committee from His two Houses of Parliament came hither how willing Hee hath been during the four dayes allowed to them to expedite the Treaty it selfe by the free and diligent disquisition of the particulars comprized in those two first Articles and how intent He hath been upon the Cessation which He thinks so necessary and so much desires since the last Message concerning the same came to Him the Committee themselves cannot but observe And though no conclusion could be made within the two dayes a time limited with much strictnesse in a businesse of so great moment where all words and expressions must be carefully and exactly weighed His Majesty cannot doubt but both Houses will be willing to give and receive satisfaction in any particulars which are necessarily to bee considered in concluding the same though the two dayes are expired And if His Majesty enlarges Himselfe in His Replies more than may seem necessary to the Propositions and differences in debate It must be remembred by what unnecessary and unwarrantable Expressions in this last Message from His two Houses He is not only invited but compelled thereunto which He could heartily have wished might upon this occasion have been forborne 1. For the freedom of trade His Majesty hath great reason to require and the two Houses to admit that freedom to His good Subjects He desired For what concerns the supply of the Army with Arms Ammunition money Bullion and Victuals He consented to the very tearms proposed by the two Houses and that they may be observed is contented that searches may be made which being but the trouble of particular persons is not considerable in respect of the publique benefit and advantage But why all other liberty of traffique and Commerce should not be granted to His good Subjects He cannot understand for that His Majesties armie should receive much advantage thereby and the contrary army none is in no degree confessed For besides the restraint is to places where no part of His Majesties army is and indeed the whole trade of the Kingdom interrupted t is as great a support if not a greater to the contrary army to maintain and keepe up the trade of London from whence that receives its supply and reliefe as to his Majesties army to continue the trade of Oxford or any other place where Forces recide and to stop and seize the cloth Ker●…ies and other Western commodities which his Majesty can daily do from Reading would be as great disturbance to the Trade of London as the seizing of any commodities which may be done by the E. of Essex from Windsor or Wickham can be to the Trade of Oxford And therefore his Majesty hath great reason to presse that mutuall and universall Freedom to all his good subjects may be granted Otherwise he must either permit that Licence to his army to seize the goods of his people in their passage to London and to interrupt and break the Trade and correspendence of the Kingdom which bott our of publique consideration and private compassion his Majesty is most averse from or else must grant that evident benefit and advantage to those who deny the same to him and to his people for his sake And it cannot be denyed but this Freedom is so very beneficiall to his subject and so wholly considerable to his Majestie under that Notion that their very subsistance depends upon it and by this means Trade may be continued which if a little more suppressed by these distractions will not be easily recovered even by a setled Peace His Majesty believes that some Carriers have bin robbed

Proposition from being treated on he would and ought to have done but though his Majesties Answers in the point of disbanding and return to his Parliament were as particular and as satisfactory as his Majesty had cause to make or could well give till this latter part were consented to be Treated upon yet out of His great desire of peace and of complying with both uses His Majesty hath made a full and particular Answer and Offer to both houses concerning as well the first part of their first Article upon which he hath treated with the Committee as that upon which they have yet no power to treat though His Majesty hath prest that such power might be given to them Faulkland April 14. 1643. WE received Instructions from both Houses of Parliament the ninth of this present April and in pursuance thereof we humbly presented a Paper to Your Majesty upon the tenth of this instant wherein those Instructions were expressed and the desire of both Houses concerning Your Majesties return to Your Parliament Northumberland Will Peirrepont Job Holland Will Armyne B. Whitelock April 15. 1643. HIs Majesty doth acknowledge to have received a Paper from the Committee upon the tenth of April expressing That they had received Instructions to declare unto His Majesty the desire of both Houses for His Majesties coming to His Parliament which they had often exprest with full offers of security to His Royall Person agreeable to their Duty and Allegiance and that they know no cause why His Majesty might not return thither with honour and safety But as the Committee had before acknowledged in a Paper of the sixth of April not to have any power or Instructions to treat with His Majesty concerning His Return to His two Houses of Parliament and as this Paper mentioned no Instructions to treat but only to deliver that single Message concerning it so His Majesty took it for granted that if they had received any new power or Instructions in that point they would have signified as much to Him and therefore conceiving it in vain to discourse and impossible to treat upon that with those who had no power to treat with Him His Majesty addrest that Answer concerning that point to both Houses of which His Majesty took notice to the Committee in a Paper of the seventh of April and which was shewed to them before He sent it And if both Houses will upon it but consent to give His Majesty such security as will appear to all indifferent Persons to be agreeable to their Duty and Allegiance those Tumults which drove Him from thence and what followed those Tumults being a most visible and sufficient reason why He cannot Return thither with His Honour and Safety without more particular offers of security then as yet they have ever made Him all disputes about that point between them will be soon ended and his Majesty speedily return to them and His whole Kingdom to their former Peace and Happynesse Faulkland His Majesties Letter to the Queens Majesty Oxford 20 Febru 23 Janu. DEar Heart Saturday and Sunday last I received two from thee of the 29 of December 9 of January both which gave me such contentment as thou mayest better judge then I describe the which that thou mayest the better do know I was full three weeks wanting but one day without hearing from thee besides skurvy London news of thy stay and lamenesse which though I did not beleeve yet it vext me so much the more that I could not prove them lyars So now I conjure thee by the Affections thou bearest me not only to judge but likewise participate with me in the contentment thou hast given me by assuring me of thy health and speedy return concerning 45. 31. 7. 4. 132. 300. I will answer thee in thy own words Je le remetteray a vous respondre per bouche being confident that way to give thee contentment in the mean time assure thy Self That I neither have nor will loose any time in that businesse and that I have not contented my Self with Generalls and though I hope shortly to have the happynesse of thy company yet I must tell thee of some particulars in which I desire both thy opinion and assistance I am persecuted concerning places and all desire to be put upon thee the which I cannot blame them and yet thou knowest I have no reason to do it Newarke desireth Savills place upon condition to leave it when his father dyeth Carenworth the same being contented to pay for it or give the profit to whom or how I please Digby and Dunsmore for to the Captain of the Pentioners Hartford once looked after it but now I beleeve he expects either to be Treasurer or of my Bed-chamber I incline rather to the latter if thou like it for I absolutely hold Cottington the fittest man for the other There is one that doth not yet pretend that doth deserve as well as any Im an Capell therefore I desire thy assistance to finde somewhat for him before he ask One place I must fill before I can have thy opinion It is the Master of the Wards I have thought upon Nicholas being confident that thou wilt not mislike my choice and if he cannot performe both Ned Hyde must be Secretary for indeed I can trust no other Now I have no more time to speak of more but to desire thee not to engage thy Self for any Dated Oxford 2● Febru 23 Janu. So I rest eternally thine C. R. My Lord IT is His Majesties pleasure that there be something attempted upon the Castle of Warwick Therefore you are to send as many Musquetiers as you can horse with the Prince of Wales his Regiment of horse and your own This bearer La Roche will bring Petarrs and all things necessary for them you must march to morrow in the Evening to be there before break of the day on Saterday Oxford 2 of March 1643. Your faithfull friend Rupert For the Earl of Northampton at BANBURY My Lord I Have acquainted the King with the hinderance you have in your desire He was pleased to command me to tell you That your Lordship should send one of your Scouts to enquire if Ingrom be in the Castle if he be you may safely go on with your designe for knowing but of your coming he will make but little or no resistance and the sooner the better if after this you should think it feasible to raise the siege at Litchfield you have also that power to do it This bearer will informe you with some other particulars So I rest Oxford the 3 of March at 12 at night Your Lordships Most faithfull friend Rupert To the Earl of Northampton RUPERT His Majesties Letter to the Queen DEar Heart Though ever since Sunday last I had good hopes of thy happy Landing yet I had not the certain news thereof before yesterday when I likewise understood of thy safe coming to York I hope thou expects not welcome from me in

THE PROCEEDINGS IN THE LATE TREATY OF PEACE Together VVith severall Letters of his Majesty to the Queen and of Prince Rupert to the Earle of Northampton which were intercepted and brought to 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. LONDON Printed for Edwards Husbands and are to be sold at his Shop in the Middle Temple 1643. The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto his Majestie February the first 1642. WE your Majesties most humble and faithfull Subjects the Lords and Commons in Parliament assembled having in our thoughts the glory of God your Majesties honour and the prospetity of your People and being most grievously afflicted with the pressing meseries calamities which have overwhelmed your two Kingdomes of England and Ireland since your Majesty hath by the persuasion of evil Counsellors withdrawn your self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Arms for the defence of our Religion Laws Liberties Priviledges of Parliament and for the sitting of the Parliament in safety which fears and dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earle of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of your people much innocent bloud hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous designe of rooting out the Reformed Religion and destroying the professors thereof In the tender sence and compassion of these evils under which your people and Kingdom lie according to the duty which we owe to God your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great distempers and distractions for the preventing of that desolation which doth threaten all your Majesties Dominions And as we have rendred and still are ready to render to your Majesty that subjection obedience and service which we owe unto you so we most humbly beseech your Majesty to remove the Cause of this war and to vouchsafe us that peace and protection which we and our Ancestors have formerly enjoyed under your Majesty and your Royall Predecessors and graciously to accept and grant these most humble desires and Propositions 1 THat your Majesty will be pleased to disband your Armies as wee likewise shall be ready to disband all those Forces which wee have raised And that you will be pleased to return to your Parliament 2. That you will leave Delinquents to a Legall Triall and judgment of Parliament 3. That the Papists may not onely be disbanded but disarmed according to Law 4. That your Majesty will be pleased to give your Royall assent unto the Bill for taking away Superstitious Innovations To the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans Chapters Archdeacons Canons and Prebendaries and all Chanters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrall or Collegiate Church and all other their under-officers out of the Church of England To the Bill against scandalous Ministers To the Bill against Pluralicies And to the Bill for consultation to be had with godly religious and learned Divines That your Majesty will be pleased to promise to passe such other good Bils for setling of Church-government as upon consultation with the Assembly of the said Divines shall be resolved on by both houses of Parliament and by them be presented to your Majestie That your Majesty having exprest in Your Answer to the Nineteene Propositions of both houses of Parliament a hearty affection and Intentions for the rooting out of Poperie out of this Kingdome and that if both the houses of Parliament can yet sinde a more effectuall Course to disable Jesuites Priests and popish Recusants from disturbing the State or deluding the Lawes that you would willingly give your consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants That an Oath may be established by Act of Parliament to be Administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy The doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refasing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction Law of Recusancie And that your Majestie will be graciously pleased to give Your Royall assent unto a Bill for the Education of the children of Papists by Protestants in the Protestant Religion That for the more effectuall execution of the Lawes against popish Recusants your Majesty would be pleased to consent to a Bill for the true levying of the Panalties against them and that the same Penaltie may be levyed and disposed of in such manner as both houses of Parliament shall agree on so as your Majestie be at no loss And likewise to a Bill whereby the practise of Papists against the State may be prevented and the Laws against them duly executed 6. That the Earle of Bristoll may be removed from your Majesties Councells and that both he and the Lord Herbert eldest sonne to the Earle of Worcester may likewise be restrained from comming within the Verge of the Court and that they may not beare any Office or have my imployments concerning the State or Common-wealth 7. That Your Majestie will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdome in such a manner as shall be agreed on by both Houses 8. That Your Majestie will be pleased by Your Letters Patents to make Sir Iohn Brampston Chiefe Justice of Your Court of Kings Bench William Lentall Esquire the now Speaker of the Commons house Master of the Rolls and to continue the Lord chiefe Justice Bankes chiefe Justice of the Court of Common Pleas and likewise to make Master Serjeant Wilde Chiefe Baron of Your Court of Exchequer And that Master Justice Bacon may be continued And Master Serjeant Rolls and Master Serjeant Arkins made Justices of the Kings Bench. That Master Justice Reeves and Master Justices Foster may be continued and Master Serjeant Phesant made one of Your Justices of Your Court of Common Pleas That Master Serjeant Cresivell M. Samuel Browne and Master John Pulleston may be Barons of the Exchequer And that all these and all the Judges of the same Courts for

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

Majesty cannot receive these charges upon him as a reason to make him contented and Acquiesce with these injuries to his subjects Or that they who saw his Majesties condition the last yeer till continued violence against him opened the eyes and hearts of his subjects to his assistance should not believe that the began that War which they saw him so unlikely to resist Or that they who could never finde nor hear from them who use not too modestly to conceal what is for their advantage that from the beginning of the world to this present Parliament ever one man was raised before by Commission from both Houses should not believe the raising of that ther army to be so warranted as is pretended and any more approve of their Law then of their Necessity Or that they who know that his Majesty in whom the power of making WAR and PEACE was never denied to be till these new Doctrines which make it unlawfull for Him to do any thing and lawfull to do any thing against Him were of late discovered though He can legally raise an army is not allowed to be legally able to raise Money to maintain it will not allow of the argument from the power of Raising to the power of Taxing and are as little satisfied with their Logick as with their Law and extremely troubled to pay an army they do not desire for a Necessity they cannot see by a Law they never heard of And that other men without their consent must be jealous fearfull and quick-sighted at their charges and they have great reason to be apt to suspect that those made most haste to make a War and have least desire of making Peace who in time of War pretend their legall power to be so vastly inlarged His Majesty therefore hath great reason to insist that no Violence or Plundering be offered to his subjects for not submitting to the illegall Taxes of one or both Houses which in it self is equall His Majesty being willing to be oblig'd from the like course and relying wholly upon the known justice of his Cause and the affection of his people and in which if the Kingdom be of their minde and believe the cause of the contrary army to be really their own the advantage will be wholly theirs and this judgement will be best given when the people is left to their libertie in this decision His Majesties reall desire of disbanding the Armies may fully appear by His often seeking and earnest endeavours to continue and conclude this treaty in order to that disbanding 6. His Majesty leaves their Preamble to all the world to consider and to judge whether any man by their saying they were ready to agree to his Majesties Articles in the manner as was exprest would not have expected to have found after that expression that they had agreed at least to some one thing materiall in them and had not only meant by agreeing as was exprest to expresse they would not agree at all For the clause of Communication of quarters so quietly left out His Majesty looks upon it as of most infinite importance the leaving out of that having dis-composed the whole many things having in the rest been assented to which were therfore only yeelded because the inconveniences growing by these clauses if they were alone were salved by that addition and some things in the other very dark and doubtfull were by that interpreted and cleered And his Majesty is sufficiently informed how highly it concerns him that every thing be so cleer that after no differences may arise upon any disputable point since they whose union industry subtilty and malice could perswade any of his people that in the busines of Brainceford he had broken a Cessation before any was made or offered would have a much easier work to lay the breach of a made cessation to his Majesties charge if the ground of that breach would beare the least dispute His Majesty doth agree That to preserve things in the the same state on both sides with as little advantage or disadvantage to either as the matter will possibly bear is truly the nature of a Cessation and is willing this principle should be made the rule and never intended any thing that should contradict it But cannot see the inequality in this which is pretended For could Sir Ralph Hopton and the Earl of Newcastle come by this means to the King and not the Earl of Stamford and Lord Fairsax to the Earl of Essex Nor can his Majesty finde any strong passes or forces to hinder his armies from joyning with him then hinders theirs from joyning with them If the forces be unequall theirs will hardly hinder the passage of his without a cessation if they be equall their coming in time of cessation will be of equall use and advantage to their side somewhat in point of supplies to come with them excepted some advantage to one side will be poize it how you will But on the other side it this clause be not in how much greater is the disadvantage the the other way by some clauses And how are his Forces principally the Earle of Newcastles cooped up in old and eaten up quarters of necessitated to retire to such as are more barren and more eaten so that if this were yeilded to under the disguise of a Cessation He must admit that which will much endanger the dissolving of the Army and destruction of the Cause which is such a disadvantage as is against the nature of a Cessation formerly agreed and estated Notwithstanding all this His Majesty to shew his extraordinary and aboundant desire of Peace and to prevent the effusion of bloud is contented if both Houses shall refuse to consent to his Propositions which are so much for the benefit and advancement of the publique trade and advantage of his good Subjects to admit a cessation upon the matter of their own Articles excepting that liberty be given to the Committee to word it according to the reall meaning and intention And that the remove of quarters within their own bounds which is intended may be so exprest and understood that no mistakes may arise So that his Majesty may not bee understood to consent to any imposing upon leavying distraining or imprisoning his good Subjects to force them to contribute or assist against him which he shall alwayes continue to inhibit Requiring all men to resist those illegall Acts of injustice and violence against which he doth absolutely Protest And so that there may not be a liberty for any Rapine Plundering or seizing upon his Subjects by any of the Souldiers of that Army for not submitting to such illegall impositions as aforesayd For otherwise they may during this Cessation besides what is already impos'd impose new Taxes not onely to the Nineteenth part but if they please for their pleasure is all their bound to the half of or all their Estates upon his good Subjects in his City of London and all Counties within

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

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