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 CoÌ„mons 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 Lunâ—… 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 Houâ—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 aâ—sâ—… to those Articles of Cessation which if you shall obtain within two dayes after the day of
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
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
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 Kerâ—…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
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
their reach and their army would then be at leisure to be emploied as Collectors aswell of the old impositions which in most places without their army they cannot leavy as of any such new one and vast sums would and might by this means be raised to the destruction of his Subjects extraordinary advantage to them and great disadvantage to his MAJESTIE Who can neither obtaine His owne Consent to take the like courses Nor in case Hee could is Hee so quartered as to have within the power of his army without breach of the cessation by drawing neerer to their forces any such Citie or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it selfe and for his people than such a limitation so nothing can be more unequall to His Majesty or more advantagious to them than the admission of or connivence to any such practises upon His people This cessation to begin on the 9. of April and to continue to the end of 20. dayes from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable peace may be agreed on and both Armies speedily disbanded otherwise if during this cessation in the Articles of which His Majesty in order to peace hath yeilded to things manifestly unreasonable and prejudiciall to His Army the Treaty be not dispatched His Majestie cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the cessation in the quarters in which He hath so long bin and now is and which will hardly be able to hold out so long but must bee forced to remove as He shall finde agreeable for His occasions And in case any delay be made in consenting to these His Majesties limitations or that the Houses shall reject this His offer of cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire That the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Copia vera Jo Brown Cler Parliamentorum Addition of four dayes longer to Treat April 4. 1643. VVE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. The first Proposition of Your Majesty and the first Proposition of both Houses And that the time prescribed for the treaty upon the two first Propositions shall be untill Friday night Northumberland John Holland B. Whitelocke Will. Pierrepoint Will. Armyne A Letter from both Houses Received April 8. 1643. VVE are commanded to send these inclosed Instructions to you from both Houses of Parliament By which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7 of April 1643. Your humble servants MANCHESTER Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation Received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepoint Esquire Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelock Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOu are hereby to take notice That the two Houses have considered his Majesties Answer to their reasons concerning the Cessation wherein there are divers expressions which reflect much upon the honor and Justice of the Houses and might occasion particular Replies Yet at this time they desire to decline all contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy peace For which cause they do not think good to consume any more of that time allowed for the treaty in any farther debates upon the Cessation concerning which they find his Majesties expressions so doubtfull that is cannot be suddenly or easily resolved and the remainder of the time for the whole treaty being but seven dayes if the Cessation were presently agreed it would not yeild any considerable advantage to the kingdom Wherfore you shall desire his Majesty That he will be pleased to give a speedy and positive Answer to their first Propostion concerning the disbanding that so the people many not have only a shadow of peace in a short time of Cessation but the substance of it in such manner as may be a perpetuall blessing to them by freeing the Kingdome from those miserable effects of War the effusion of English bloud and desolation of many parts of the Land For the obtaining of which happinesse The Lords and Commons have resolved to enlarge your power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further instructions to proceed to the other Propositions that so the whole treaty may be determined within the twenty dayes formerly limited to be reckoned from the 25. of March last which can admit no alteration or enlargement without manifold prejudice and danger to the whole Kingdom John Brown Cler. Parliamentorum The Paper to the King upon the Instructions for disbanding Received April 8. 1643. BY Instructions this day received from both Houses of Parliament we humbly conceive that we are to acquaint Your Majesty That they have taken into consideration Your Majesties Answer to their reasons concerning the cessation wherein there are divers expressions which will occasion particular replies which at this time they desire to decline their wishes and endeavours being earnestly bent upon the obtaining a speedy peace for which cause they do not think good to consume any more of the time allowed for the treaty in any farther debates upon the cessation concerning which they find your Majesties expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole treaty being but 7 dayes if the cessation were not presently agreed it would not yeeld any considerable advantage to the kingdom Wherfore we are required to desire your Majesty to give a speedy and positive answer to the first proposition concerning the disbanding that so your subjects may not only have a shadow of peace in a short time of cessation but the substance of it in such manner as may be a perpetuall blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English bloud and desolation of many parts of the land Northumberland
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 2â— 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
and many things that are now darke or doubtfull in them cleered and explained upon debate his Majesty is pleased such is his sence of the miseries this Kingdome suffers by this unnaturall war and his earnest desire to remove them by a happy peace that a speedy time and place may be agreed upon for the meeting of such persons as his Majesty and both Houses shall appoint to discusse these Propositions and such others here following as His Majesty doth propose to them 1 THat his Majesties own Revenue Magazins Townes Forts and Ships which have been taken or kept from his by force be forthwith restored unto him 2 That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to his Majesties Legall and known power and rights he renounced and recalled that no seed may remaine for the like to spring out of for the future 3 That whatsoever illegall power hath bin claimed and exercised by or over his Subjects as imprisoning their persons without Law stopping thier Habeas Corpusses and imposing upon thier Estates without Act of Parliament c. either by both or either House or any Committee of both or either by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged 4 That as His Majesty will readily consent having done so heretofore to the execution of all Laws already made and to any good Acts to be made for the suppressing of Popery and for the firme setling of the Protestant Religion now established by Law so hee desires that a good Bill may be framed for the better preserving of the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender consciences as his Majesty hath formerly offered 5 That all such persons as upon the Treaty shall be excepted out of the Generall Pardon shall be tryed per Pares according to the usuall course and known Law of the Land and that it be left to that either to acquit or condemne them 6 And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Armes and free Trade for all his Majesties Subjects may be first agreed upon This offer and desire of His Majestie he hopes will be so cheerfully entertained that a speedy and blessed Peace may be accomplished If it shall be rejected or by insisting upon unreasonable Circumstances be made impossible which he hopes God in his mercy to this Nation will not suffer the guilt of the Bloud which will be shed and the desolation which must follow will lie upon the head of the Refusers However his Majesty is resolved through what accidents soever he shall be compelled to recover his Rights and with what prosperous successes soever it shall please God to bless him that by his earness constant endeavours to propagate and promote the true Protestant Religion and by his Governing according to the known Laws of the Land and upholding the just priviledges of Parliament according to his frequent Protestations made before Almighty God which he will always in violably observe The world shall see that he hath undergone all these difficulties and hazards for the defence and maintenance of those the zealous Preservation of which his Majesty well knows is the onely foundation and means for the true happiness of him and his People Hen. Elsing Cler. Parliament D.C. The Articles of Cessation sent to His Majesty Februar ultimo VVHereas the Lords and Commons in Parlia out of a tender sence of the present miseries and distractions of the Kingdome and for the obtaining and setling of a happy Peace between his Majesty and his People have humbly presented his Majesty divers Propositions to which he hath bin pleased to make this return That his desire was that a speedy time and place might be appointed for the discussing of those Propositions and likewise some others proposed by his Majesty It is thereupon agreed in both Houses that a Committee of both Houses shall be apponited to attend His Majesty on or before the fourth of March if his Majesty shall so please to endeavour to give him all humble and fit satisfaction concerning the said Propositions both his Majesties and their own And whereas for the more speedy removall of the bloudy and miserable effects of war his Majesty hath likewise been graciously pleased by a late Message to signifie his desire That for a voiding all intervening Accidents of war which might interrupt this Treaty there might be a Cessation of Arms under such particular conditions and limitations as should be agreed on Their humble desires therein concurring with his Majesty It is by them assented and agreed That a Cessation of Armes in Order to such a Treaty as is resolved upon by both Houses of Parliament may be enjoyned to all the Armies and Forces now on foot in the Kingdom of England and Dominion of Wales on either side under the restrictions and limitations hereafter following And that neither side shall be bound and limited by this Cessation in any otherwise or to any other purpose then is hereafter expressed 1 THat all manner of Armes Ammunition Victuals Money Bullion and all other Commodities passing without such a safe conduct as may warrant their passage may be staid and seized on as if no such Cessation were agreed on at all 2 That all manner of Persons passing without such a safe conduct as is mentioned in the Article next going before shall be apprehended and detained as if no such Cessation were agreed on at all 3 That his Majesties Forces in Oxfordshire shall advance no neerer to Windsor then Wheatly and in Buckinghamshire no neer to Aylesbury then Brill and that in Berks the Forces respectively shall not advance neerer the one to the other then now they are And that the Parliament Forces in Oxfordshire shall advance no neerer to Oxford then Henley and those in Buckingham no neerer to Oxford then Aylesbury And that his Majesties Forces shall take no new Quarters above twelve miles from Oxford any way And that the Parliament Forces shall take no new Quarters above twelve miles from Windsor any way 4 That no siege shall be begun or continued against Glocester And that his Majesties Forces now employed in the Siege shall return to Câ—…ester and Malmesbury or to Oxford as shall be most for their conveniencie And the Parliament Forces which are in Glocestershire shall remaine in the Cities of Glocester Bristoll and the Castle and Town of Berkley or retire neerer to Wondsor as they shall see cause And that those of Wales which are drawn to Glocester shall return into their Quarters where they were before they drew down to Glocestershire 5. That in cafe it be pretended on either side that the Cessation is violated no Act of Hostility is immediatly to follow but first the party complaining is to acquaint the Lord Generall on the other side
to allow three days after notice given for satisfaction And in case satisfaction be not given or accepted then five days notice to be given before hostility begin And the like to be observed in the Remoter Armics by the Commanders in Chief 6 Lastly that all other Force in the Kingdome of England and Dominion of Wales and not before mentioned shall remaine in the same Quatters Places as they are at the time of the publishing of this cessation and under the same conditions as are mentioned in the Articles before and that this Cessation shall not extend to restrain the setting forth or employing of any Ships for the defence of his Majesties Dominions All which they humbly desire his Majesty will be pleased to ratifie and confirm And that this Cessation may begin upon the fourth of March next or fooner if it may be and continue untill the five and twentieth of the same moneth and in the mean time to be published to the Commanders Officers and Souldiers And all other his Majesties loving Subjects on either side and that the Treaty intended may commence upon the fourth of March next or sooner if it may be and the continuance thereof not to exâ—…ed 20 days Hen. Elsinge Cler. Parl. D. Com His Majestys Message to both his House of Parliament in answer to the Articles of Cessation received at a Conference Martii 6. 1642. HIs Majesty hoped the Treaty would have bin begun and the Cessation agreed on long since and that much might in this time have been concluded in Order to the Peace and happinesse of the Kingdom but since in almost a moneth for his Majesty Propositions were made on the third of February and he heard not since from both Houses till the first of March no consent hath beene yeelded to it Hee conceives the Cessation cannot begin so soone as the fourth of this Moneth by which time though his Majestie uses no delay in making his Answer the same can hardly be returned to them And many of the Articles now presented to him from both Houses concerning the Cessation are so strict that such of his good Subjects who are not of his Army and for whom generally hee shall alwayes have a principall just and compassionate regard receive not any benefit or are restored to any libertie thereby which his Majestie shall ever insist upon when in matters meerely concerning himselfe he may descend to easier Conditions and which he hath returned with such Alteterations as he doubts not both Houses will consent to and doe sufficiently manifest how sollicitous his Majestie is for the good of his people and how desirous he is that in this unnaturall Contention no more blood of his Subjects may be spilt upon which he lookes with much griefe compassion and tendernesse of heart even of those who have listed up their hands against him and his Majestie therefore desires against which he can imagine no objection can be made that the Cessation may begin upon the Twelfth of this Moneth or sooner if the Conditions of the Cessation shall be sooner agreed on and is willing the same shall continue for twenty dayes in which time he hopes by the Treaty and a cleere understanding of each other a full peace and happinesse may be established throughout in Kingdome And during that time his Majestie is willing that neither side shall be bound or limited by this Cessation in any otherwise or to any other purpose then is hereafter expressed 1 That all manner of Armes Ammunition Money Bullion and victuals passing for the use of either Army without a passe or safe conduct from the Generalls of each Army may be stayed and seized on as if no Cessation were agreed on at all 2 That all Officers and Souldiers of either Army passing without such licence or safe Conduct as aforesaid may be apprehended and detained as if no such Cessation were agreed on at all And that all manner of persons his Majesties Subjects of what quality or condition soever except Officers and Souldiers of either Army shall passe to and from the Cities of Oxford and London and backe againe at their pleasures during this Cessation as likewise to and from any other parts of his Majesties Dominions without any search stay or imprisonment of their persons or seizure and detention of their goods or estates And that all manner of Trade Traffique and Commerce be free and open betweene all his Majesties subjects excepting as aforesaid betweene the officers and souldiers of either Armie or for Armes Ammunition Money Bullion or victuals for the use of either Army without a Passe or safe Conduct as aforesaid which may be a good beginning to renew the trade and correspondence of the Kingdome and whereby his good Subjects may be restored to that liberty and freedome they were borne to and have so happily enjoyed till these miserable distractions and which even during this warre his Majestie hath to his utmost laboured to preserve opening the way by most strict Proclamations to the passage of all commodities even to the City of London it selfe 3 That his Majesties forces in Oxfordshire shall advance no neerer to Windsor then Wheatly and in Buckinghamshire no neerer to Aylesbury then Brill and that in Bark-shire the forces respectively shall not advance neerer the one to other then they shall be at the day to be agreed upon for the Cessation to begin And that the forces of the other Army in Oxfordshire shall advance no neerer to Oxford then Henley and those in Buckinghamshire no neerer to Oxford then Aylesbury And that the forces of neither Army shall advance their quarters neerer to each other then they shall be upon the day agreed on for the Cessation to begin otherwise then in Passage and communication betweene their severall Quarters respectively without any acts of Hostility each to other but any inlarge themselves within their owne Quarters respectively as they shall find convenient 4 That the forces of either army in Glocestershire Wiltshire and Wales as likewise in the Cities of Glocester Bristoll and the Castle and Towne of Berkley shall be guided by the Rule exprest in the later part of the precedent Article 5 That in case it be pretended on either side that the Cessation is violated no act of Hostility is immediately to follow but first the party complaining is to acquaint the Lord Generall on the other side and to allow three dayes after notice given for satisfaction and in case satisfaction be not given or accepted then five dayes notice to be given before hostility begin And the like to be observed in the remoter armies by the Commanders in chiefe 6 That all other forces the Kingdome of England and Dominion of Wales not before mentioned shall remaine in the same Quarters and places as they are at the time of publishing this Cessation otherwise then in passage and communication betweene their severall Quarters as is mentioned in the later part of the third Article And that this
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
the two first Propositions notwithstanding the Cessation be not yet assented to And those being agreed they hope the foundation will be layd not only of a suspention but a totall abolishion of all hostility in the Kingdom 4. If the nature of War be duly considered it must needs be acknowledged That it is incompetible with the ordinary rules of a peaceable government Your Majesty would have them commit none but according to the known Laws of the Land whereby they conceive Your Majesty understands that it must be by the ordinary Processe of Law which being granted it will follow That no man 〈◊〉 be committed by them for supplying Your Majesty with Arms Powder and Ammunition for by the Law of the Land the Subject may 〈◊〉 such goods from London or any other place to Oxford the Souldiers most not be committed if they run from their Colours and refuse any duty in the Army No man shall be committed for not submitting to necessary supplies of money so that if this bee yeelded in Your Majesties sense they shall be disabled to restrain supplies from 〈◊〉 enemies and to govern or maintain their owne Souldiers it cannot be thought reasonable that under the disguise of a Cessation they should admit that which will necessarily produce the dissolving of the Army and destruction of the Cause It seems not probable That Your Majesty doth intend that if any be taken with supplies for this Army or â—…tining in Your own that such persons shall not be committed but according to the knowne Laws of the Land that is by Processe of Law Put rather that your Majesty will so interpret this limitation of knowne Lawes that although it layes straight â—oâ—… upon the two Houses yet it leaves Your Generalls as much liberty as before for it hath been denied by your Majesty that these knowne Lawes give any power to the two Houses of Parliament to raise Arms and so consequently their Generall cannot exercise any marshall law in those cases and it is not unlike but that it will be aâ—…ed That the Generalls constituted by your Majesties Commission have that power by the same known Laws So that this Article under the specious shew of liberty and Law would altogether disable them to defend their liberties and Lawes and would produce to your Majesty an absolute victory and submission under pretence of a Cessation and treaty 5. Being by necessity inevitable on their part enforced to a defensive Warre in this unhappy breach betweene your Majesty and them and that they are therein warranted both by the Lawes of God and man it must needs follow that by the same Law they are enabled to raise means to support that Warre And therefore till it shall please God to encline your Majesty to afford them such a peace as may secure them they cannot relinquish the power of laying taxes upon those who ought to joyn with them in that defence and the necessary wayes of leavying those taxes upon them in case of refusall for otherwise their Army must needs be dissolved But if your Majesty shall consent to disband the Armies the cause of the Warre being taken away the consequences will likewise be removed and the Subject restored to the benefit of those Lawes which the necessity of Arms hath in such cases suspended 6. They deny any pretence of consenting to those alterations and additions offered by your Majesty only in the Preamble they say they have considered of those Articles with such alterations and additions unto which Articles they profest they were ready to agree not as they were accompanied with those alterations and additions but in such manner as they expressed As for the clause left out in the third Article it implied a freedome of passage and communication of quarters which is contrary to the nature of a Cessations whereby matters should bee preserved in the state they are and neither party have liberty so much to advantage himselfe as it is evident your Majesty might doe if Your Forces in the North and West might joyne with those at OXFORD and bring those supplies of treasure or Armes thither which were brought out of HOLLAND or at least it should be so indifferent as to give a proportionable advantage to the other side which this doth not for the Forces under the power of both Houses are so disposed that they have an easie passage from one to the other but your Majesties Forces are severed the one from the other by many large Counties strong passes and competent Armies and if they had admitted this clause they had bereaved themselves of one of the greatest advantages and freed Your Majesties party of one of the greatest inconveniencies which your Majesty or they have in this War For the Reasons already alleadged They cannot agree to the alterations and enlargements of the Cessation propounded or to transferre any such power to the Committee of Treating debating and agreeing upon those Articles in any other manner than the Houses have directed but that a fair and speedy passage may bee opened to a secure and a happy Peace They have enabled their Committees to treat and debate upon the two Propositions concerning His Majesties own Revenue the delivery of His Townes Castles Magazines and Ships and the disbanding of the Armies which being agreed upon a present peace and security will follow and the Treaty upon the other Propositions bee facilitated without feare of interruption by the confusion of Warre or exasperation of either party by the bloody effects thereof In which Treaty the two Houses will desire and expect nothing but what doth stand with Your Majesties Honour and the trust reposed in You and is necessary for Your Majesties good Subjects that they may enjoy the true Religion and their Liberties and Priviledges and that they may freely and in a Parliamentary way concurre with Your Majesty in those things which may conduce to the glory of God the safety and happinesse of Your Majesty and Your Posterity and people and preventing the like miserable effusion of English bloud for the time to come for the effecting whereof Their most earnest Prayers and uttermost endeavours shall ever be faithfullly and constantly employed in hope that God will give a blessing thereunto Hen. Elsynge Cler. Parl. D. Com. Additionall Instructions concerning the Cessation March 29. IN case we shall obtain Your Majesties assent to the Articles of Cessation as they were last presented to Your Majesty within two dayes after the day of the receipt of the reason this day presented to Your Majesty from both Houses for their not assenting to those alterations and additions to the Articles of cessation offered by Your Majesty We are authorized by our Instructions this day received in the name of both Houses of Parliament to agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the 25 of this instant march and upon a day certain assoone as may be when the same shall first begin
by his Majesties souldiers But t is as true that no complaint hath been made to him of that kind which he hath not received to the relief and reparation of the Petitioners And t is therefore his desire that both Houses would joyn with him at least during the Cessation that there might be no more such violences and interruptions offered to his good Subjects by either side For the imbarquing the Merchants Goods in forreign parts his Majesty denies that any endeavour hath yet been made by his Ministers of State to that purpose But 't is true his Majesty hath declared his Resolution which he shall pursue that such persons who absolve themselves from their obedience to him and assist or consent to Actions of disloyalty to him here shall be deprived of those advantages and must not expect that Protection from him abroad which is due and which he alwaies hath and will allow to his good subjects And this is not to make other Princes Arbiters of the differences betwixt his Majesty and his people but to use the mutuall amity and correspondence with other Princes for the maintenance and support of that dignity for which it is made and entred into 2. His Majesty did not demand the approving of the Commanders of ships onely with reference to his present Right for then he would have demanded not the approbation of the Commanders but the ships themselves But this demand was and is a thing most neccessary for his Majesty for the setting out the present Fleet is pretended to be for the defence of his Majesties Dominions and which cannot conveniently suffer any alteration in Commanders if the Cessation and Peace should be fully speedily agreed upon And therefore t is most necessary for his Majesty to know both the Designes and to approve of the Commanders who will not be so fit to be altered when once they are sent out His Majesty cannot see how a Cessation at Sea between his Majestie and his Subjects should leave the Kingdom naked to forreign Forces a continuance of War may well do it And his Majesty is willing to concur in the resistance of all such of what kinde soever and expects that during the Cessation the conveying of all Forces from one part to another by Sea for the Assistance of the Earl of ESSEX be restrained which both Houses seem now to consent to which was not at all expressed in their former Articles 3. His Majesties opinion how unfit it was to Treat in Bloud sufficiently appears this debate concerning a Cessation arising first from his Majesties motion it being left out in the Answer to his Message for a Treaty In order to which he had and hath great reason to desire that the Committee may have liberty to debate and conclude any differences and Expressions in the Articles of the Cessation that the same may be reconciled and removed without remitting all Questions to London For as those now consented to might in much lesse time have been agreed here if there had been that liberty so there can hardly be a right and cleer understanding of Intentions without expounding of words and knowing the meaning from each other as in the consent which his Majesty now understands to be given by both Houses that no Forces shall during the Cessation be sent by Sea for the relief of any place now held by them the expression is not so cleer but referreth to Articles in which if it was not comprised before as his Majesty doth not conceive it was no alteration is made by what now seems to be consented to and the liberty which to all understandings may seem to be given by removing out of one quarter to another within the Precincts proposed is not yet so demonstrable The Committee having no power to Answer what they understand in that point which is most necessary to be known that the Peace be not broken during that Cessation And his Majesty wonders that it should be thought unsafe or unfit to give such a conclusive power of such differences and doubts to the Committee here when t is notoriously known that the very Liberty and property of the Subject is committed not only to other Committees of the Houses without reporting to the Houses but to persons who are imployed by them uninteressed in and unacquainted with the directions of either or both Houses 4. It was no part of his Majesties intention that his Article against Imprisonment of his subjects otherwise then according to the known Laws of the land should extend to the destruction of the Military Discipline of either army But this is a very sufficient instance of the necessity of inabling some persons to conclude upon these Articles without which through inanimadvertence or doubtfulnesse in the expressions they who are neerest of a minde will hardly ever come to conclude if every Punctilio must be forced to be sent forwards and backwards a hundred miles And if this authority had been given to the Committee here as for such causes was desired limitation of half a dozen words which would have been as soon agreed to as proposed would have saved most of this fourth Reason And he that desires any thing necessary to the speed of this Cessation gives a good argument of desiring the Cessation it self and whoever is averse to the one can hardly be thought inclinable to the other But such of his subjects as are not concern'd in the discipline of the army are not concernd in this Objections and his Majesty hath reason to insist that the same Liberty may be restored to them in which they were born and the care and defence of which is so much and so meerly pretended by those who deny it to them 5. Though it grieves his Majesty to the soul to see the present miserable condition of his subjects groaning under so many visible pressures because of an invisible necessity and plundered and imprisoned to maintain such a defensive War as was begun to be raised against him before his Majesty had granted one Commission to raise a man yet he cannot but be pleased with the ingenuity of this confession that the implicite Faith of his seduced subjects begins to weare out so fast that the authority of Declaring new unknown Fundamentall Laws doth not now so work with them to believe that these Taxes are laid according to the Laws of God and man nor the many pretences of imminent dangers and inevitable ruine of their Religion Laws and Liberties so perswade them to believe this Cause to be the Cause of the Kingdom But that if their Cause Authority and Eloquence were not assisted by Force and Rapine their army must needs be dissolved for want of being thought fit much lesse necessary to be paid by those who have equall right to judge of the necessity and danger and for whose sakes interests and concernments onely it was pretended to be raised and who are defended by it against their wills Nor is it strange that his
this instant to ours of the same date concerning Your Majesties owne Revenue WE humbly desire to know of Your Majestie if You will not accompt Your own Revenue to the sure for the future if both Houses of Parliament doe leave it in the same way as it was before these troubles did begin Northumberland W. Pierrepont W. Armyne I. Holland B. Whitelocke March 27. 1643. HIs Majestie did intend in his former Answer by those words of being sure of His own for she future that no restraints or interruption should be made by one or both Houses in and upon his Majesties Revenue but that if should be left in the same way it was before these troubles did begin Falkland March 28. 1643. WE shall transmit Your Majesties answer to that part of Your Proposition concerning Your Revenue to both Houses of Parliament without father Reply Northumberland J. Holland W. Peirrepont W. Armyne B. Whitelocke The Papers concerning the Magazines March 26. 1643. To that part of Your Majesties first Proposition concerning Your Magazines we humbly give this Answer THat all the Armes and Ammunition taken out of your Majestie Magazines which shall remaine in the hands of both Houses of Parliament shall be delivered into your Stores and whatsoever shall be wanting they will in convenient time suppply in kinde according to the Proportions which they have received We likewise humbly propose unto your Majesty that the persons to whose charge publike Magazines shall be committed being nominated by Your Majestie may be such as the two Houses of Parliament shall confide in And that Your Majestie will restore all such Armes and Ammunition as have been taken for Your Majesties use from the several Counties Cities and Towns Northumberland W. Pierrepont W. Armyne I. Holland B. Whitelocke March 27. 1643 HIs Majesties is content that all the Armes and Ammunition taken out of his Magazines which do now remain in the hands of both houses or of Persons imployed by them be forthwith delivered into such of his Stores as his Majestie shall appoint and that whatsoever shall be wanting of the Proportions taken out from thence by them be supplied by them with all convenient speed in kinde Which shall be committed to and continued in the costody of the sworn Officers to whose places the same belongs and if any of the said Officers shall forfeited or shall forfeit that trust by any misdemeanours his Majestie will by no meanes defend them from the Justice of the Law For the restoring all such Armes and Ammunition as have been taken for this Majesties use from the several Counties Cities and Towns his Masjestie being compelled to take them his own being taken from him did it alwayes with this Caution and promise to the places from whence he took them that he would by the blessing of God restore them again and make recompence out of his own Stores as soone as it should be in this power which promise he will make good to them expecting that such Arms and Ammunition as have beene taken from the severall Counties Cities and Townes for the use of the Armies under the command of the Earle of Essex be likewise restored to them Falkland March 28. 1643. Whereas we have received Your Majesties answer of the 27. of this moneth to ours of the 26. of this instant concerning Your Majesties Magazines WE humbly desire to know of your Majestie what time you intend by the expression in the words be forthwith delivered We likewise humbly desire to know in what places Your Majesty would have your Stores and who are the sworne Officers your Majestie intends that according to our Instructions we may transmit their names to both houses of Parliament Northumberland W. Pierrepont W. Armyne I. Holland B. Whitelocke March 28. 1643 HIs Majestie intended by that Expression be forthwith delivered as soon as the Treaty shall be concluded and agreed on Falkland March 29. 1643. The place of Store into which his Majestie is content that the Armes and Amunition taken out of his Majesties Magazines be delivered is his Tower of London and the Officers he intends are such as by Patent ought to receive and keep the same Falkland March 29. 1643. Concerning the Magazines WE humbly desire according to our Instructions that the persons to whose charge the publike Magazines should be committed being nominated by your Maiestie should be such as the Lord and Commons should confide in We not knowing whether the two housts will confide in the persons your Majesty mentions must transmit their names to both houses of Parliament to receive their farther Instructions Northumberland W. Pierrepont W. Armyne J. Holland B. Whitelocke April 5. 1643. HIs Majesty conceives his Answer concerning the persons to whose custody his Magazines shall be committed to be very cleare and sufficient and shall forbeare any more particular Nomination of them the two houses well knowing whether they have any just exceptions to make against any of them which if they have his Majesty will leave them to the due course of justice Falkland April 10. 1643. BY Instructions yesterday received from both houses of Parliament we are commanded humbly to desire your Majesty to make a further answer to that clause of the first Proposition which concerns the Magazines and we are humbly to acquaint your Majesty that the two houses of Parliament doe not think fit to enlarge the time of the Treaty beyond the twenty daies formerly limited to be reckoned from the five and twentieth of March last which can admit no alteration or enlargement without manifold prejudice and danger to the whole Kingdome Northumberland Will Pierrepoint Ioh. Holland Will. Armyne B. Whitelocke Aprill 14. 1643. HIs Majesty having made severall Answers to that Clause of the first Proposition which concernes the Magazines knowes not what Answer to make further except he were informed what part of the Propositions made to him was not clearely answered or had reasons given him to change and alter the Answer already made neither of which is yet done And he is very sorry that both houses of Parliament have not thought fit to enlarge the power of the Committee whereby lesse time would have served for the Treaty and are so absolutely resolved not to enlarge the time of the Treatie beyond the twenty daies which by Messages and attending the Instructions of the house are so neere spent notwithstanding all possible readinesse in his Majesty and which in truth might have ended all the Propositions if sufficient authority had been given to the persons imployed to debate and conclude neither can His Majesty understand why an Alteration or Inlargement in the point of time cannot be admitted without manifold prejudice and danger to the whole Kingdome He prayes to God that an Aversnesse to such an alteration and inlargement may not prove an unspeakeable prejudice and danger to the whole Kingdome Falkland The Papers concerning the Townes Forts Cinque-Ports c. March 27. 1643. To that part of Your Majesties first
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
His Majesties Name containing most bitter invectives and scandalls against the proceedings of both Houses by stiling them and such as obeyed them Traitors and Rebels charging them under the name of Brownists Anabaptists and Atheists to endeavour to take away the Kings life and to destory His Posterity the Protestant Religion and the Laws of the Kingdoms with many other such scandalls and aspersions and even at this time were many designs practising against the Parliament which in all probability were the grounds and reasons of His Majesties confidence and deniall of their just desire Insomuch That His Majesty in a Letter sent from Him to the Queen and read in the House of Commons did declare That He had so many fine designs layd open to Him that He knew not which first to undertake One whereof probably was the most bloody and barbarous design upon Bristoll attempted though by Gods infinite mercy prevented during the Treaty And whether that of Sir Hugh Cholmleys in betraying of Scarborough Castle wherwith he was entrusted by the Parliament to the Queens hands and acted likewise during the Treaty And that of Killingworth Castle which should have been likewise betrayed and a design discovered by a Letter found in the Earle of Northamptons pocket slain neere Stafford written to him from Prince Rupert were some of the other designs mentioned in His Majesties Letter they cannot certainly affirm but conjecture And when this collaterall provocations and attempts could not prevaile to make them desert the Treaty then comes in His Majesties Message of the fourth of April which they have mentioned before charging them to abuse the people with imaginary dangers and pretended fears to use force and Rapines upon His good Subjects with publishing new doctrines That it is unlawfull for the King to do any thing and lawfull to do any thing against Him with malice and subtilty to abuse the people that their pleasure is all their bounds with many other such bitter expressions that no man could think such an Answer could be any part of a Treaty or at least to proceed from a heart that desired a happy issue thereunto Notwithstanding all which the Lords and Commons were so resolutely fixed to prosecute that Treaty and if possibly they could to bring it to a blessed and happy conclusion that they were content to lye under all these scandalls and endure all these wounds so they might make up the breaches of the Common-wealth And therefore they did forbear the returning of an Answer to any of these provocations And then when that Malignant and Popish party too too prevalent with his Majesty preceived their constancie not to be provoked to break that Treaty of their part they found it necessary to seduce His Majesty to refuse His consent to their most necessary and just desires and to propound such things as could not with the peace and safety of the Church and State be yeelded to and so effected their own desires All which The Lords and Commons thought it their duty to publish to the Kingdome to the end that they may see that what hath been long endeavoured by subtill and secret practises is now resolved to be effected by open violence and hostility That is the destruction of our Laws and the Protestant Religion and introducing of Popery and Superstition and that there is little or no hope by any endeavour of a Treaty to procure the peace of this Church and Kingdom unlesse both be exposed to the will and pleasure of the Popish party untill the Army and forces now raised and continued by them be first destroyed or suppressed And therefore the Lords and Commons do hope that not only such as are already convinced of their designe and malice but even those that by their subtile and false pretences have been ignorantly seduced to joyn with them that love their Liberty and the Protestant Religion will now with one heart and minde unite together to preserve their Religion and Liberty In the defence whereof The Lords and Commons are resolved to offer up themselves their lives and fortunes a willing Sacrifice Die Sabbati 6 May. 1643. A Declaration upon the Result of the Treaty brought in with some amendments was this day read in the House of Commons and Ordered to be delivered unto the Lords at a Conference And it is further Ordered by this House That this Declaration shall be Printed and Master Glyn do take care for the Printing of it and that none shall Print or re-Print it but such as Master Glyn shall appoint to the end That by his care the Records may be rightly cited and the Letters and other matters Ordered to be Printed with it be carefully Printed H. Elsynge Cler. Parl. D. Com. Die Sabbati 6 May. 1643. IT is this day ordered by the Commons now Assembled in Parliament That all the Passages of the Treaty at Oxford shall be Printed and Master Whitlock take care for the Printing of it and none shall Print or re-Print it but such as Master Whitlock shall appoint to the end That the same may be truely Printed Hen. Elsynge Cler. Parl. D. Com. 18 May 1643. VVE do appoint Edward Husbands to Print the said Declaration Letters and proceedings in the late Treatie John Glyn. Bolstrode Whitlock FINIS