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overwhelmed your two Kingdomes of England and Ireland since your Majesty hath by the persuasion of evil Counsellors withdrawn your self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Arms for the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
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 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 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
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
to the Parliament and likewise upon the other Propositions humbly presented from them to his Majestie 1 YOu shall present to his Majesty the Articles agreed on for the Cessation of Armes Humbly desiring his Majesty to ratifie and confirme the same under the Great Seale which being obtained you are to send it up to the Parliament with all possible speed and shal likewise beseech the King to dispatch away Messengers to the Generals Commanders and Souldiers of all his Armies and Forces with a strict Command and Injunction that they observe those Articles of Cessation according as they are agreed upon as the two House likewises intend to give the like direction the Lord Generall of the Armies raised for their defence 2. After his Majesty hath declared and ratified the Cessation you shall then proceed to the Treaty beginning with the first Proposition on his Majesties behalf concerning his Majesties owne Revenue his Magazines Towns Forts and Ships and thereunto make this Answer You shall declare That the two Houses of Parliament have not made use of his Majesties own Revenue but in a very small proportion which for a good part hath bin imployed in the maintenance of his Majesties Children according to the allowance established by himself And they will satisfie what shall remain due to his Majesty of those sums received out of his Majesties own Revenues and shall leave the same to his Majesty for the time to come And you likewise shall propound to his Majesty that he will restore what hath bin taken for his use upon any of the Bils assigned to other purposes by severall Acts of Parliament or out of the provision made for the war of Ireland That they will remove the Garrisons out of all Towns and Forts in their Hands wherein there were no Garrisons before these Troubles and sleight all Fortifications made since that time which Townes and Forts it is to be agreed on both parts shall continue in the same condition they were in before And that those Garrisons shall not be renewed nor the Fortifications repaired without consent of his Majesty and both Houses of Parliament That for those Townes and Forts which are within the Jurisdiction of the Cinque Ports they shall be delivered up into the hands of such a Noble person as his Majesty shall appoint to be Warden of the Cinque Ports being such a one as they shall confide in That the Town of Portsmouth shall be reduced to the number of the Garrison as was at the time when the Lords and Commons undertook the custody thereof And such other Forts Castles and Towns as were formerly kept by Garrisons as have bin taken by them into their care and custody since the beginning of these Troubles shal be reduced to such proportion of Garrison as they had in the yeer 1636 and shal be so continued And that all the said Towns Forts and Castles shall be delivered up into the hands of such persons of Quality and Trust to be likewise nominated by his Majesty as the two Houses shal confide in That the Warden of the Cinque Ports and all Governours and Commanders of Townes Castles and Forts shall keepe the same Townes Castles and Forts respectively for the Service of his Majesty and the safety of the Kingdome And that they shall not admit into any of them any Forreigne Forces raised without his Majesties authority and consent of the two Houses of Parliament And they shall use their uttermost endevours to suppresse all Forces whatsoever raised without such authority and consent And they shall seise all Arms and Ammunition provided for any such Forces That the Ships shal be delivered into the Charge of such a Noble person as his Majesty shal nominate to be Lord High Admiral of England and the two Houses of Parliament confide in who shall receive the same Office by Letters Patent quam diu bene se gesserit shal have power to nominate and appoint all subordinate Commanders and Officers have all other powers appertaining to the Office of High Admirall which Ships hee shall employ for the defence of the Kingdom against all Forreign Forces whatsoeves and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all Supplyes to be carried to the Rebels And shall use his uttermost endevour to suppresse all Forces which shall be raised by any person without his Majesties authority and consent of the Lords and Commons in Parliament And shall seise all Arms and Ammunition provided for supply of any such Forces That all the Arms and Ammunition taken out of his Mejesties Magazins which shall remain in their hands shall be delivered into his stores and whatsoever shall be wanting they will in convenient time supply in kind according to the proportions which they have received And that the Persons to whose charge those publike Magazins shall be committed being nominated by his Majesty shall be such as the Lords and Commons shall confide in And you shall propound to his Majesty that he will restore all such Arms and Ammunition as have bin taken for his use from the severall Counties Cities and Towns To the Proposition made by the two Houses concerning the disbanding of the Armies you shal humbly desire his Majesties speedy and positive Answer unto which if he shall be pleased to give his Assent you shall then beseech his Majesty in the name of both Houses that a neer day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkeshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornwall and Devon And they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Lecestershire and all other Places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters thereunto belonging And that last of all a speedy day be appointed for the disbanding those two Armies at Oxford and Windsor and all the Forces Members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit Persons may be appointed by his Majesty and the Parliament who may repaire to the severall Armies and see the disbanding put in speedy execution accordingly That his Majesty doe likewise remove the Garrisons out of Newcastle and all other Townes Castles and Forts where any Garrisons have bin placed by him since these Troubles And that the Fortifications bee likewise sleighted and the Townes and Forts left in such state and condition as they were in the yeare 1636. That all other Townes Forts and Castles where there have beene formerly Garrisons before these Troubles be committed to the charge of such Persons to be nominated by his Majesty as the Parliament shall confide in and under such Instructions as are formerly mentioned That if his Majestie shall be pleased to assent to these Propositions
concerning the Townes Forts Castles Magazines and Ships that then his Majestie be humbly intreated to name Persons of Qualitie to receive the charge of the severall Offices and Forts Castles and Townes to be forthwith certified to the two Houses of Parliament that thereupon they may expresse their confidence in those persons or humbly beseech his Majesty to name others None of which Persons shall bee removed during three yeares next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in That all Generalls and Commanders in any of the Armies on either side as likewise the Lord Admirall of England the Lord Warden of the Cinque-ports All Commanders of any Ships and Commanders of any Towne Castle or Fort shall take an Oath to observe these Articles aforementioned And to use their uttermost power to preserve the true reformed Protestant Religion and the Peace of the Kingdome against all Forraigne Force and all other Forces raised without his Majesties authoritie and consent of the two Houses of Parliament You shall move his Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and advertisements betwixt the two Houses of Parliament and the Committee that there may bee a free passe of Messengers to and from the Parliament and the Committees Without search or interruption and his Majesties safe Conduct to bee obtained to that effect to such Persons as are or shall be appointed for that service viz. For Mr. Iohn Rushworth Mr. Michael Wâ—lden Mr. Iohn Corbet of Graies Inne and Mr. Iames Standish H. Elsynge Cler. Parl. D. Com. 23 Martii 1642. The Kings Message concerning the Cessation CHARLES R. HIs Majesty hath immediately upon their arrivall admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to his Royall Presence and received the Articles of Cessation brought by them which are in effect the same his Majesty formerly excepted to though their expression in the Preface to these Articles of their readinesse to agree to those Alterations and Additions offered by his Majesty in such manner as is expressed made Him expect to have found at least some of the reall Alterations and Additions made by him admitted which He doth not discover 1. His Majesty desired the Provision might be made and Licence given to his good Subjects for their freedome of Trade Traffique and Commerce though in matters which concerned Himselfe more immediately as in Armes Ammunition Money Bullion and Victuall for the use of his Army and the Passage of all Officers and Souldiers of his army Hee was contented the restraint should be in such manner as was proposed of which his Majestie is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of his Majesties Forces To this freedome and liberty of his good subjects there is not the least admission given by these Articles so that they have not any Ease or benefit by this Cessation which his Majestie desires both Houses to consider of and whether if his Majestie should take the same course to stop and interrupt the Trade of the Kingdome as the other Army doth a generall losse and Calamity would not seize upon his good Subjects 2. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of his Majesties Dominions should be employed onely to that end and purpose desired that they might be put under the Command of Persons to be approved of by his Majesty which is not consented to by these Articles but their former to which his Majesty excepted strictly and entirely insisted on by which besides that part of Hostilitie remaines the conveying of any number of Forces from any part to any other by that meanes remaine free to them 3. For the Prevention of any Inconveniences which might arise upon reall Differences or Mistakes upon the Latitude of expressions as if his Majesty should now consent to these Articles proposed in the Termes proposed He must confesse the Army of which he complaines to bee raysed by the Parliament and either himselfe to be no part of the Parliament or Himselfe to have raised that Army and for prevention of that delay which He foresaw could not otherwise be avoyded if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the mayne Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to his Majesty they have no power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by us they cannot enter into any Treaty concerning the other Propositions 4. His Majesty desired that during the Cessation none of his good subjects might be imprisoned otherwise then according to the knowne Lawes of the Land This is in no degree consented to but the priviledge and liberty to which they were borne reserved from them till the disbanding of both armies though they are no part of either Army and so have no benefit by this Cessation 5. His Majesty desired that during this Cessation there should be no Plundering or violence offered to any of his Subjects In the Answer to which His desire against violence is not at all taken notice of nor is his desire against Plundering any wayes satisfied his Majesty not only intending by it the robbing of the Subject by the unrulinesse of the uncommanded Souldier which their clause of requiring the Generalls and officers to keep them from it seemes to imply And the assertion that the two Houses of Parliament had ever disliked and forbidden it declares plainly to be their only meaning but particularly the violence and Plundring us'd to his Subjects by forcibly taking away their goods for not submitting to Impositions and Taxes required from them by Orders or Ordinances of one or both houses of Parliament which are contrary to the knowne Lawes of the Land Besides that there is no consent given to those alterations and additions offered by his Majesty whatsoever is pretended so where an absolute consent may be supposed because the very words of his Majesties Article are wholly preserved yet by Reason of the Relation to somewhat going before that is varyed by them the sence of those words is wholly varyed too as in the fourth Article that part of the Third article to which that did referre being wholly left out So that
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
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
proceedings However you are to insist upon their desires expressed in your Instructions Disbanding THey further conceive That his Majesties Answer to their first Proposition concerning the disbanding is in effect a deniall unlesse they desert all those cautions and limitations which they have desired in their answer to his Majesties first Proposition Wherefore you are to proceed Insisting upon that part of their first Proposition concerning the disbanding according to your Instructions KINGS Return to the Parliament YOu shall declare to his Majesty the desire of both Houses of his Majesties coming to his Parliament which they have often exprest with as full ofters of security to his Royall Person as was agreeable to their duty and Allegiance And they know no cause why his Majesty may not repair hither with honor and safety but they did not insert it into your instructions because they conceived the disbanding of the Armies would have facilitated his Majesties resolution therein which they likewise conceived was agreeable to his Majesties Sense who in declaring his Consent to the order of the Treaty did only mention that part of the first Proposition which concerned the disbanding did omit that which concerned his comming to the Parliament Oath of Officers THey conceive the ordinary oaths of the Officers mentioned are not sufficient to secure them against the extraordinary causes of jealousie which have bin given them in these troublesome times And that his Majesties Answer layes some taxe upon the Parliament as if defective and thereby uncapable of making such a Provisionall law for an oath Therefore you shall still insist upon their former desires of such an oath as is mentioned in your Instructions If you shall not have received his Majesties positive Answer to the humble desire of both Houses in these two first Propositions according as they are exprest in your Instructions before the twenty dayes limitted for the Treaty shall be expired you shall then with convenient speed repair to the Parliament without expecting any further direction Jo Brown Cler. Parliamentorum CHARLES REX TO shew to the whole World how earnestly His Majesty longs for peace and that no successe shall make him desire the continuance of his Army to any other end or for any longer time then that and untill things may be so setled as that the Law may have a full free and uninterrupted course for the defence and preservation of the Rights of His Majesty both Houses and his good Subjects 1. As soon as His Majesty is satisfied in His first Proposition concerning His owne Revenue Magazines Ships and Forts in which he desires nothing but that the just knowne legall Rights of his Majesty devolved to Him from His Progenitors and of the persons trusted by Him which have violently been taken from both be restored unto Him and unto them unlesse any just and legall exceptions against any of the persons trusted by Him which are yet unknown to His Majesty can be made appeare to Him 2. As soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641. the same of right belonging unto them by their birth-rights and the free election of those that sent them and having been voted from them for adhering to His Maiesty in these distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous assemblies as to the great breach of the priviledges and the high dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two severall complaints from the Lords house and two severall desires of that house to the house of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable distractions which have ensued Which security his Maiesty conceives can be onely setled by adiourning the Parliament to some other place at the least twenty miles from London the choice of which his Maiesty leaves to both houses His Majesty wil most cheerefully and readily consent that both Armies be immediately disbanded and give a present meeting to both his Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable convention of Parliament such Provisions will be made against sedicious preaching and printing against his Majesty and the establisht Lawes which hath been one of the chiefe causes of the present distractions and such care will be taken concerning the legall and known Rights of his Majesty and the property and liberty of his Subjects that whatsoever hath been publisht or done in or by colour of any illegall Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the power to raise Armes without His Maiesties consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturbe the peace of the Kingdome and to endanger the very being of it And in such a convention his Majesty is resolved by his readinesse to consent to whatsoever shall be proposed to him by Bill for the reall good of his Subjects and particularly for the better discovery and speedier conviction of Recusants for the education of the children of Papists by Protestants in the Protestant religion for the prevention of practises of Papists against the State and the due execution of the Lawes and true leavying of the penalties against them to make known to all the World how causelesse those feares and jealousies have been which have been raised against him and by that so distracted this miserable Kingdome And if this offer of His Majesty be not consented to in which he askes nothing for which there is not apparent Iustice on His side and in which He defers many things highly concerning both Himselfe and People till a full and peaceable convention of Parliament which in Justice He might now require His Majesty is confident that it will then appeare to all the World not onely who is most desirous of peace and whose default it is that both Armies are not now disbanded but who hath been the true and first cause that this peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the destruction and desolation of this poore Kingdome which is too likely to ensue will not by the most interressed passionate or prejudicate person be imputed to His Maiesty His MAJESTIES Questions before the Treaty and the Committees Answers March 25 1643. His MAIESTY
desires to be answered these Questions in writing by the Committee of both Houses 1. WHether they may not shew unto Him those Instructions acording to which they are to Treat and bebate with His Majesty upon the two first Propositions of which the last Message from both Houses takes notice and refers unto 2. Whether they have power to passe from one Proposition to the other in the debate before His Majesty have exprest His mind concerning the Proposition first entered into 3. Whether they have power to give an entire Answer to His Majesties first Proposition before His Majesties Reply to any part thereof or to passe from any part of that Proposition to another part of the same before his Majesty hath given a Reply concerning thar part 4. Whether in case His Majesties Answer or Reply to any part of either Proposition doe not satisfie them they have power to send up that His Answer or Reply to both Houses and proceed upon the debate of another part of the same 5. Whether they have power to conclude these two Propositions 6. Whether they have Power to presse or consent unto the execution of either of these two Propositions or any part of them till the whole Treaty be agreed upon Falkland The Committee of Lords and Commons appointed to attend His MAJESTY upon the Treaty do humbly return these Answers to the Questions propounded by His Maiesty March 25. 1643. To the first THey are injoyned not to shew or discover their Instructions or to give any Copy of them To the second Concerning His Majesties first Proposition and the first Proposition of both Houses of Parliament they humbly conceive they may passe from the one Proposition to the other after that His Majesty hath given His Answer to the particular part of either Proposition that shall be in debate To the third They humbly conceive that they are to receive His Majesties reply to that part of the Propostion to which they give their Anser before they proceed to any other part of either Proposition To the fourth They humbly conceive that when they have received His Majesties Answer or Reply to any part of either Proposition wherein they are not satisfied they are to send that His Majesties Answer or Reply to both Houses and in the meane time may proceed to another part of either Proposition To the firfth They humbly conceive they may conclude these two Propositions if they be agreed unto a according to their Instructions To the sixth they humbly conceive they may presse and consent unto the execution of the two Propositions according to their Instructions before the whole Treaty be agreed upon Northumberland Y. Holland B. Whitlock W. Pierrepoint W. Armyn The Papers concerning leave to repaire to HIS MAJESTY March 27. 1643. WHereas we humbly presented to Your Majesty severll Answers to Your Majesties demands in your first Proposition and in reply to those answers we have received severall Papers from Your Majesty Our humble desires are that Your Majesty would be pleased to give us leave to repaire unto you for our farther satisfaction upon any doubts which shall arise amongst us in those Papers we have already received or any other which we shall hereaster receive from your Majesty before such time as we shall transmit them to both Houses of Parliament Northumberland Iohn Holland B. Whitlocke Will. Pierrepoint Will. Armyne March 28. 1643. HIs Majesty is wel pleased that the Committee of both Houses repair unto him for their further satisfaction upon any doubts which shal arise amongst them in the Papers they have aleady received or any other which they shall hereafter received from His Majesty and to which they shall not have acquiesced before they transmit them to both Houses of Parliament FALKLAND The Papers concerning the Revenue March 26. 1643. To that part of Your Majesties first Proposition concerning Your Majesties own Revenue we give this answer THe two Houses of Parliament have not made use of Your Majesties own Revenue but in a very small proportion which for a good part hath been imployed in the maintenance of Your Majesties Children according to the allowance established by Your Selfe And the two Houses of Parliament will satisfie what shall remain due to Your Majesty of those sums received out of Your Majesties owne Revenue And will leave the same to your Majesty for the time to come We likewise humbly propose to Your Majesty that You will restore what hath been taken for your Majesties use upon any of the Bils assigned to other purposes by severall Acts of Parliament or out of the provision made for the warre of Ireland Northumberland Will. Pierrepoint Ioh. Holland Will. Armine B. Whitelocke March 26. 1643. HIs Majesty knowes not what Proportion of his Revenue hath beene made use of by his two houses of Parliament but He hath reason to beleeve that if much of it hath not been used very much remaines still in their hands His whole Revenue being so seized and stopped by the orders of one or both houses even to the taking away of his Money out of his Exchequer and Mint and Bonds forced from his Cofferers Clerkes for the Provision of his Majesties houshold that very little hath come to his Maiesties use for his owne support He is well contented to allow whatsoever hath been imployed in the maintenance of his Children and to receive the Arreares due to himselfe and to be sure of his owne for the future He is likewise willing to restore all Moneys taken for is Majesties use by any Authority from him upon any Bils assigned to other purposes his Majesty being assured he hath received very little or nothing that way and expects that satisfaction be made for all those severall vast sums received and diverted to other purposes by orders of one or both houses which ought to have been paid upon the Act of Pacification to his Subjects of Scotland or imployed for the discharge of the debts of this Kingdom and by other Acta of Parliament for the reliefe of his poore Protestant Subjects of Ireland FAUKLAND March 27. 1643. HIs Majestie desire to be resolved by the Committee from both Houses whether their Proposition to His Majestie to restore what hath been taken for His Majesties use upon any of the Bills c. be a new demand or a condition upon which onely that is granted which goes before Falkland March 27. 1643. WHereas your Majestie desired to be resolved by us whether the Proposition to Your Majestie to restore what hath been taken for Your Majestie upon any of the Bills c. be a new demand or a Condition upon which onely that is granted which goes before We humbly conceive it to be no new demand but whether it be such a Condition upon which onely that which goes before is granted we are not able to resolve Northumberland W. Pierrepout W. Arwyne I. Holland B. Whitelocke March 27. 1643. Whereas we have received Your Majesties Answer of the 26. of
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
Proposition which concernes Your Majesties Townes and Forts we humbly give this Answer THat the two houses of Parliament will remove the Garrisons out of all Towns and Forts in their hands wherein there were no Garrisons before these troubles and sleight all Fortifications made since that time and those Townes and Forts to continue in the same condition they were in before and that those Garrisons shall not be renewed nor the Fortifications repaired without consent of Your Majesty and both houses of Parliament That for those Townes and Forts which are within the jurisdiction of the Cinque-Pores they shall be delivered up into the hands of such a Noble Person as your Majesty shall appoint to be Warden of the Cinque-Ports being such a one as they shall confide in That the Towne of Portsmouth shall be reduced to the number of the garrison at was at the time when the Lords and Commons undertook the custody thereof and such other Forts Castles and Townes as were formerly kept by Garrisons as have beene taken by both houses of Parliament into their care and custody since the beginning of these troubles shall be reduced to such proportion of Garrison as they had in the yeere 1636. And shall be so continued And that all the said Townes Forts and Castles shall be delivered up into the hands of such persons of quality and trust to be likewise nominated by your Majesty as the two houses of Parliament shall confide in That the Warden of the Cinque-Ports and all Governours and Commanders of Townes Castles and Forts shall keep the same Townes Castles and Forts respectively for the service of your Majesty and the safety of the Kingdom and that they shal not admit into any of them any forraigne Forces or any other Forces raised without Your Majesties authority and consent of the two Houses of Parliament and they shall use their utmost endeavours to suppresse all Forces whatsoever raised without such authority and consent and they shall seize all Armes and Ammunition provided for any such Forces They likewise humbly propose to Your Majesty that you would remove the Garrisons out of Newcastle and all other Townes Castles and Forts where any Garrisons have been placed by Your Majesty since these troubles and that the Fortifications be likewise sleighted and the Towns and Forts left in such State and condition as they were in in the yeere 1636. That all other Towns Forts and Castles where there have been formerly Garrisons before these troubles may be committed to the charge of such persons to be nominated by Your Majesty as both Houses of Parliament shal confide in and under such Instructions as are formerly mentioned And that those new Garrisons shall not be renewed nor their Fortifications repaired without consent of your Majesty and both houses of Parliament Northumberland Will. Pierrepont Ioh. Holland Will. Armyne B. Whitelocke March 28. 1643. HIs Majesty is content that all the Garrisons in any Townes and Forts in the hands of any Persons imployed by the two houses of Parliament wherein there were no Garrisons before these troubles be removed and all Fortifications made since that time may be sleighted and those Townes and Forts shall for the future continue in the same condition they were in before For the Cinqueports they are already in the custody of a Noble person against whom his Majesty knowes no just exceptions and who hath such a legall interest therein that his Majesty cannot with Justice remove him from it untill some sufficient Cause be made appeare to him but is willing if hee shall at any time be found guilty of any thing that may make him unworthy of that trust that he may be proceeded against according to the rules of Justice The Town of Portsmouth and all other Forts Castles and Townes as were formerly kept by Garrisons shall be reduced to their ancient proportion and the Government of them put into the hands of such persons against whom no just exceptions can be made all of them being before these troubles by Letters Patents granted to severall persons against any of whom his Majesty knowes not any exceptions and who shall be removed if just cause shall be given for the same The Warden of the Cinqueports and all Governors end Commanders of Townes Castles and Forts shall keepe the same Townes Castles and Forts as by the Law they ought to doe for his Majesties service and the safety of the Kingdome and they shall not admit into any of them forraigne Forces or other Forces raised or brought in contrary to the Law but shall use their utmost endeavour to suppresse all such Forces and shall seize all Armes and Amunition which by the Lawes and Statutes of the Kingdom they ought to seize The Garrisons of Newcastle and all other Towns Castles and Forts in which Garrisons have been placed by his Majesty since these troubles shall be removed and all the Fortifications shall be sleighted and the Towne and Forts left in such state and condition as they were in the year 1636. All other Townes Forts and Castles where there have beene formerly Garrisons before these troubles she ll be committed to the charge of such Persons and under such cautions and limitations as his Majesty hath before exprest And now new Garrisons shall be renewed nor their Fortifications repaired otherwise then as by the Lawes and Statutes of the Kingdome they may or ought to be Falkland March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports and Governors of Your Majesties Townes Castles and Forts we humbly desire to know if Your Majesties Reply doth intend that both houses of Parliament may expresse their confidence of the persons to whose trust those places are to be committed for what we are directed by our instructions that if Your Majesty be pleased to assent thereunto that You would nominate persons of Quality to receive the charge of them That we may forthwith certifie both houses of Parliament that thereupon they may expresse their confidence in those persons or humbly beseech your Majesty to name others none of which persons to be removed during three yeares next ensuing without just cause to be approved by both houses of Parliament and if any be so removed or shall dye within the said space the persons to be put in the same Offices shall be such as both houses shall confide in We humbly desire to know if Your Majesty intends the Garrison of Portsmouth to be of such a proportion as it was about the yeare 1641. About which time a new supply was added to the former Garrison to strengthen it which both houses of Parliament think necessary to continue We humbly desire Your Majesty would be pleased to give a more full answer to this clause that they should not admit into them any forraigne or other forces Raised without Your Majesties authority and consent of the two houses of Parliament and that the shall use their utmost endeavours to suppresse all forces whatsoever Raised
without such authority and consent and that those Garrisons should not berenewed or their fortifications repaired without consent of Your Majesty and both houses of Parliament Northumberland I. Holland B. Whitelock VV. Armine VVill. Pierrepont April 5. 1643. HIs Majesty doth not intend that both Houses of Parliament shall expresse their Confidence of the Persons to whose trust the Cinqueports or other His Majesties Townes Castles and Forts now are or shall be committed but onely that they shall have liberty upon any just exceptions to proceed against any such persons according to Law His Majesty being resolved not to protect them against the publique Justice And well knowing that when any of those places shall be voyd the Nomination and free election is a right belonging to and inherent in His Majesty And having been enjoyed by all his royall progenitors His Majesty will not believe that His wel-affected subjects will desire to limit him in that right His Majesty intends the Garrison of Portsmouth to be of such a proportion as it was in the yeare 1641. Except he finds good cause to enlarge or diminish that porportion His Majesty cannot give a more full Answer to that Clause concering the admission or Forces into any of his Forts Castles and Towns then he hath alread given his Majesty having therein made the Lawes and Statutes of the Kingdom the rule of what is or what is not to be done Which will be alwayes the most impartiall Judge between him and his people Falkland April 10. 1643. BY intructions and yesterday received from both houses of Parliament we are commanded humbly to desire another answer from Your Majesty concerning the Cinque-ports Townes Forts and Castles Your Majesties former answers concerning them being in the most materiall poynts expresse denialls as both houses of Parliament understand them Northumberland I. Holland W. Armyne W. Pierrepont B. VVhitelock April 14. 1643. HIs Majesty will not at this time remember the many Acts of grace and favour he hath passed this Parliament for the good of his people but he must say he hath not denied any one thing proposed to him by both houses which in Justice could be required of him or in reason expected and he hath beene and his still so unwilling to give a deniall to both his houses that as they shall be sure to receive none to any proposition they shall make of right so in matters of grace and favour he shall be willing to receive any information and reason which at any time may invite him to consent and therefore will gladly receive any reason from the Committee or both houses which may induce his Majesty to give another Answer then what hee hath already given in the poynt of the Cinque-ports Forts and Castles but till such be given he cannot consent to dispossesse any of his servants of what they are legally possest without a just Cause exprest or to quit his owne right of sole disposing of their commands no other cause yet appearing to him then that the places they command have been taken from him Falkland April 14. 1643. YOur Majesty in one of Your papers this day delivered unto us mentions that You would gladly receive any reason from both houses or their Committee which may induce Your Majesty to give another answer then what You have already given in the point of the Cinque-ports Forts Castles and Magazines We did according to our Instructions humbly desire Your Majesty that the Cinqueports Forts and Castles might be put into the hands of such Noble persons and persons of Quality and trust to be nominated by Your Majesty as the two houses of Parliament should confide in and to be kept for Your Majesties service and the safety of the Kingdome that no forraigne forces or other forces raised without Your Majesties authority and consent of the two houses of Parliament should be admitted into any of them and the Commanders to use their utmost endeavours to suppresse all Forces raised without such authority and consent and to seize all Armes and Ammunition provided for any such Forces Unto which we humbly desire Your Majesties gracious assent and to our other desires concerning Your Majesties first proposition and the first proposition of both houses of Parliament for that we humbly conceive Your consent thereunto will be the best meanes for such a peace to be made as will be safe firme and lasting the which is not to be hoped for except there be a cure for Fears and Jealousies for which an apparent remedy is to disband all Forces and the same to be so mutually done as neither part to have any force remaining of which the other may be Jealous or in feare but if for other causes not concerned in these unhappy differences Forces are to be retained as in the Cinque-ports and in some Forts Townes and Castles for the defence of the whole Kidgdome against forraigne Enemies that then the same may remain in the hands of such persons with such powers as both parts might beleeve themselves secure for if the same places were considered in relation onely to these unnaturall distempers and to the setling thereof the Forces in them were likewise to be disbanded Northumerland I. Holland W. Pierrepont W. Armine B. Whitelock April 15. 1643. AS his Majestie was and is very desirous to receive any Reason from both Houses or their Committee which might induce his Majestie to give other Answers if what he hath or shall give doe not satisfie so he rather expected those reasons should have had their foundation in the Law of the land and have shewed him that by Law he had not the Right be pretended or that by that or by some fundamentall Law they had a Right superiour to his in what was now in question or have shewed him some Legall reason why the persons trusted by him were incapable of that trust then onely have insisted upon Feares and Jealousies of which as hee knows not the ground so he is ignorant of the Cure But this his Majesty knows that if readinesse to acknowledge retract and provide against for the future any thing of errour that had hapned against Law and having actually passed more important Bills and parted with more of his known Rights for the satisfaction of his Subjects then not onely any one but all his Predecessors would have been thought a sufficient remedy for Feares and Jealousies the Kingdom might still have enjoyed a safe firme and lasting Peace and those would not first have been made a reason to seize upon his Rights and then after have been made an Argument to perswade him to part with them And his Majestie wonders the Committee should not see that this Argument might extend to the depriving him of or at least sharing with him in all his just Regall power since Power as well as Forces may be the object of Feares and Jealousies and there will be alwayes a power left to hurt whilest there is any left to protect and defend
And that if those Rights which he received from his Predecessours were really so formidable That would have beene more feared before which is now feared so much and his Forts and Castles would either not have been attempted or at least have enabled him to defend and keep them and have kept this from being a Question now between them Which since they could not do his Majestie if he had as much inclination as he hath more right to Feares and Jelousies might have more reason to insist upon some addition of Power as a security to enable him to keepe his Forts when he hath them then they to make any diffcultie to restore them to him in the same condition they were before But as his Majesty contents himselfe with so he takes God to witnesse his greatest desire is alwaies to observe and maintain the Law of the Land and expects the same from his Subjects and beleeves the mutuall observance of that rule and neither of them to feare what the Law fears not to be on both parts a better cure for that dangerous disease of Fears and Jealousies and a better means to establish a happy and a perpetuall Peace then for his Majestie to devest himselfe of those trusts which the Law of the Land hath setled in the Crowne alone to preserve the power and dignity of the Prince for the better protection of the Subject and of the Law and to avoid those dangerous distractions which the interest of any Sharers with him would have infallibly produced Falkland The Papers concerning the Ships March 27. 1643. To that part of your Majesties first Proposition which cencerns your ships we humbly give this Answer That the Ships shall be delivered into the charge of such a noble person as your Majestie shall nominate to be Lord high Admirall of England and the two houses of Parliament confide in who shall receive the same Office by Letters Patents quà m diu se bene gesserit and shall have power to nominate and appoint all subordinate Commanders and Officers and have aâ—l other powers appertaining to the Office of high Admirall which Ships he shal imploy for the defence of the Kingdom against all forraigne Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all supplies to be carried to the Rebels and shall use his utmost endeavour to suppresse all Forces which shall be raised by any person without your Majesties authority and consent of the Lords and Commons in Parliament and shall seize all Armes and Ammunition provided for supply of any such Forces Northumberland W. Pierrepont J. Holland W. Armyne B. Whitelocke March 28. 1643. HIs Maiestie expects that his owne Ships bee forthwith delivered to him as by the Law they ought to bee And when hee shall please to nominate a Lord high Admirall of England it shall be such a noble person against whom no just exception can be made and if any shall be his Maiestie will alwayes leave him to his due triall and examination and grant his Office to him by such Letters Patents as have been used in the meane time his Maiestie will governe the said Admiraltie by Commission as in all times hath been accustomed And what ever Ships shall be set forth by his Maiestie or his authoritie shall be imployed for the Defence of the Kingdome against all Forraigne Forces whatsoever for the safeguaâ—d of merchants securing of Trade guarding of Ireland and the intercepting of all supplies to be carried to the Rebels and shall use their utmost endeavours to suppresse all Forces which shall be raised by any Person whatsoever against the Lawes and Satutes of the Kingdome and to sieze all Armes and Ammunition provided for the supply of any such Forces Falkland March 29. 1643. WE humbly desire your Majestie would be pleased to give a more a more full Answer to the clause for the Ships to be delivered minate to be Lord high Admirall of England and the two houses of Parliament confide in who shall receive the same Office by Letters Patents Quam diu se bene gesserit And to that clause to suppresse all Forces which shall be raised by any person without your Maiesties Authority and consent of the Lords and Commons in Parliament Whereunto if your Majestie shall be pleased to give your assent we conceive we are then directed by our Instructions humbly to desire your Majestie to nominate such a noble Person to bee Lord high Admirall of England that we may forthwith certifie both houses of Parliament that thereupon they may expresse their confidence in that Person or humbly beseech your Majestie to name another and that in case such noble Person who shall be appointed to bee Lord High Admirall of England shall be removed or shall die within the space of three yeers next ensuing that the Person to be put in the same Office shall be such as both Houses shall confide in Northumberland Will. Pierrepont Will. Armyne Iohn Holland B. Whitelocke April 5. 1643. HIs Majestie conceives his former Answer of the 28. of March concerning his Ships to be so full that he can adde nothing thereunto in any part of it His Majestie conceiving it all the Justice in the world for him to insist that what is by Law his own and hath been contrary to Law taken from him be fully restored unto him without conditioning to impose any new limitation upon his Majesty or his ministers which were not formerly required from them by Law and thinking it most unreasonable to be prest to diminish his own just Rights himselfe because others have violated and usurped them Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon the desires of both Houses expressed in our former Papers concerning the Ships And both houses of Parliament doe observe in your Majesties Answer not onely a deniall to all their desires but likewise a censure upon their proceedings Northumberland W. Pierrepont W. Armyne I. Holland B. Whitelocke Apil 14. 1643. HIs Majestie for the present forbears any farther Answer touching his Ships desiring first to receive the Answer of both Houses to his Message of the twelfth of this moneth But his Majestie will howsoever before their departure hence give them a further Answer Falkland April 15. 1643. HIs Majestie gave so cleare a reason to justifie what he insisted upon in the point of the Ships that he cannot but wonder to see the same againe prest to him and yet both the reason he gave left unanswered and no other Reason opposed to weigh against it His Majesties end in this was not to lay any censure upon their proceedings but it being necessary to the matter in Question for his Majestie to say what had been done and the matter of fact being such as it seems could not be repeated but it must appeare to bee censured his Majestie did not thinke himselfe bound to bee
so tender of seeming to censure their proceedings as by waving his own true reasonable Justifications to leave his owne naked and exposed to a generall censure And his Majestie hopes that since they esteem his saying that they have taken his Ships from him contrary to Law to be a Censure they will either produce that Law by which they tooke them or free themselves from so just and unconfutable a censure by a speedie and unlimited restoration Upon which demand his Majesties care of his ancient and undoubted Rights doth oblige him to insist And when his Maiestie shall thinke fit to make an Admirall as neere as he can he shall be such an one against whom no iust exception can be made and if any shall be offered he will readily leave him to the triall of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. VVE are humbly to desire your Maiestie that all Generalls and Commanders in any of the Armies on either side as likewise the Lord Admirall of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Towne Castle or Fort may take an oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true reformed Protestant Religion and the peace of the Kingdome against all forraign Forces and all other Forces raised without your Maiesties authority and consent of the two houses of Parliament Northumberland W. Pierrepont W. Armine J. Holland B. Whitelocke April 5. 1643. HIs Majestle conceives the Oathes which all those Officers are already by Law obliged to take to bee very fully sufficient But if any thing shall be made appeare unto him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament his Majestie will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both houses of Parliament we are commanded humbly to informe your Majestie that both houses of Parliament conceive the ordinary Oathes of the Officers mentioned in your Answer concerning the same are not sufficient to secure them against the extraordinary Causes of iealousie which have beene given them in these troublesome times And that your Maiesties Answer layes some taxe upon the Parliament as if defective and thereby uncapable of making such a provisionall Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to your Maiestie concerning this matter Northumberland Iohn Holland W. Armine W. Pierrepont B. Whitelocke April 14. 1643. HIs Maiestie did not refuse by his former Answer to consent to any such Oath as shall bee thought necessary though he did and doth still conceive the Oathes already setled by Law to be sufficient neither did he ever suppose the Parliament incapable of making a provisionall Law for such an Oath but as he would be willing to apply any proper remedie to the extraordinary Causes of Jealousies if he could see that there were such causes so hee will be alwayes most exact in observing the Articles agreed on in preserving the true reformed Protestant Religion and the peace of the Kingdome against forraign Forces and other Forces raised or imployed against Law And when both houses shall prepare and present sent such an oath as they shall make appeare to his Majesty to be necessary to those ends his Majesty will readily consent to it Falkland The Papers concerning the disbanding of the Armies March 28. 1643. His Majesties Answer to the first Proposition of both his Houses of Parliament HIs Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both houses will contribute as much to it as his Majesty shall doe will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both houses to treat may be enlarged And as his Majesty desires nothing more then to be with his two houses so he will repaire thither as soon as he can possibly doe it with his honour and safety Falkland March 29. 1643. VVE are directed by our Instructions humbly to desire your Majesties speedy and positive answer concerning the disbanding of the Armies to which if your Majesty be pleased to assent we are then to beseech your Maiesty in the name of both houses that a neere day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkeshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornewall and Devonshire And they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters therunto belonging And that last of all a speedy day may be appointed for the disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit persons may be appointed by your Majesty and both houses of Parliament who may repaire to the severall Armies and see the disbanding put in speedy execution accordingly Northumberland W. Pierrepont W. Armyne I. Holland B. Whitlocke March 29. 1642. Concerning Your Majesties Answer to the Proposition of both Houses for disbanding of the Armies VVE humbly desire to know if by the words By a happy and speedy Conclusion of the present Treaty your Majesty doe intend a conclusion of the Treaty on your Majesties first proposition and their proposition for disbanding the Armies or a conclusion of the Treaty in all the propositions of both parts We have given speedy notice to both houses of Parliament of your Majesties desires that the time given to the Committee of both houses to treat may be enlarged To the last Clause we have no Instructions Northumberland W. Pierrepoint I. Holland W. Armyn B. Whitlock April 5. 1643. HIs Majesty intended by the words By a happy and speedy conclusion the Treaty such a conclusion of or in the Treaty as there might be a cleere evidence to himselfe and his good Subjects of a future peace and no ground left for the continuance or growth of these bloody dissentions which he doubts not may be obtained if both houses shall consent that the Treaty may proceed without further interruption or limitation of daies FALKLAND April 5. 1643. WHen the time for disbanding the Armies shal be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of disbanding and that fit persons may be appointed by his Majesty and both Houses of Parliament who may repaire
to the severall Armies and see the disbanding speedily put in execution accordingly FALKLAND April 6. 1643. WE humbly desire to know if by the words By a happy and speedy conclusion of the present Treaty Your Majesty intends a conclusion of the present Treaty on Your Majesties first Proposition and the Proposition of both Houses for disbanding of the Armies or a conclusion of the Treaty on all the Propositions of both parts And what your Majesty intends to be a cleare evidence to your selfe and your good Subjects of future peace and no ground left for the continuance or growth of these bloody dissentions Northumberland Will. Pierrepoint Ioh. Holland Will. Armine B. Whitelocke April 6. 1643. HIs Majesty desires to know from the Committee of both Houses whether they acquiesce with His Majesties Replies to their Anwers concerning His first Proposition which yesterday they received from Him and to which they have yet made no returne His Majesty likewise desires to know whether they have yet received power and Instructions to Treat with his Majesty concerning his return to His two Houses of Parliament which is a part of the first Proposition of both houses Falkland April 6. 1643. WE shall transmit your Majesties Replies to our Answers concerning your first proposition to both houses of Parliament without farther reply We likewise humbly answer that we have not received any power or Instructions to treat with your Majesty concerning your return to Your two Houses of Parliament but we assure our selves they will give your Majesty satisfaction therein Northumberland Ioh. Holland Will. Pierrepont Will. Armyne B. Whitelock April 7. 1643. HIs Majesty conceives His Answers already given for he hath given two to be very cleere and significant And if the conclusion of the present Treaty on his Majesties first Proposition and the proposition of both Houses shall be so full and perfectly made that the Law of the Land may have a full free and uninterrupted Course for the defence and preservation of the rights of His Majesty both Houses and His good Subjects there will be thence a cleare evidence to his Majesty and His good Subjects of a future Peace and no ground left for the continuance and growth of these bloody dissentions and it will be such a conclusion as his Majesty intended His Majesty never intending that both Armies should remaine undisbanded untill all the Propositions of both sides were fully concluded But his Majesty is very sorry that in that point of the first Proposition of both Houses which hath seemed to be so much wished and which may be so concluded as alone much to conduce to the evidence desired viz. his returne to both houses to which his Majesty in his Answer hath expressed himselfe to be most ready whensoever he may doe it with honour and safety they have yet no manner of Power no instructions so much as to treat with his Majesty Falkland April 7. 1643. WE have not transmitted your Majesties answer to the Proposition of disbanding wherein your Majesty mentions your selfe to be most ready to return to both houses of Parliament whensoever you may doe it with honour and safety for that we humbly conceive we were to expect your Majesties answer to that Proposition this day received before we could give a due accompt thereof to both houses of Parliament the which we will presently send away without farther reply Northumberland I. Holland W. Pierrepont W. Armine B. Whitelock 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 doubtfull that it cannot be suddenly or easily resolved and the remainder of the time for the whole Treaty being but seven dayes if the Cessation were not presently agreed it would not yeeld any considerable advantage to the Kingdom Wherefore 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 these miserable effects of warre the effusion of English bloud and desolation of many parts of the Land Northumberland Job Holland Will. Pierrepont Will. Armyne B. Whitelock April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon that part of the first Proposition of both Houses of Parliament concerning the disbanding according to the Papers we have formerly presented to Your Majesty thereupon And we are humbly to acquaint Your Majesty That both Houses of Parliament do conceive Your Majesties Answer concerning the disbanding to be in effect a denyall unlesse they dissert all those cautions and limitations which they have desired in their Answer to Your Majesties first Proposition Northumberland Will. Pierrepont Job Holland Will. Armyne B. Whitelock April 10. 1643. BY Instructions from both Houses of Parliament yesterday received we are commanded to declare unto Your Majesty the desire of both Houses for Your Majesties coming to Your Parliament which they have often expressed with full offers of Security to Your Royall Person agreeable to their duty and allegiance and they know to cause why Your Majesty may not return thither with Honour and Safety but they did not insert it into our Instructions becauses they conceived the disbanding of the Armies would have facilitated Your Majesties Resolution therein which they likewise conceived was agreeable to Your Majesties sense who in declaring Your consent to the order of the Treaty did only mention that part of the first Proposition which concerned the disbanding and did omit that which concerned Your Majesties coming to both Houses of Parliament Northumberland Will Pierrepont Job Holland Will Armyne B. Whitelock April 14. 1643. His Majesty had great reason to expect that as He answered to every part of the first Proposition of both Hooses so the Committee should likewise have had power and Instructions to Treat with His Majesty concerning both parts of the same not had the Houses any reason to suppose their course agreeable to His Majesties sense for his Majesty in declaring His consent to the order of the Treaty indeed mentioned their first Proposition by the stile of the first Proposition which concerned disbanding but did not stile it that part of the first Proposition which conerned disbanding as if he had meant to have excluded any part of that
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
Proposition proceeding from himself yet they received a return much contrary to their expectation where they found many scruples raised and other Articles propounded which being assented unto by them would inevitably destroy the Forces raised by them for The defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do referre themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to Treat upon the two first Propositions for four dayes which after wards they enlarged to the end of twenty dayes And within some distance of time afterwards they received a very long Message from His Majestie which indeed carried not with it the face or semblance of a Treaty but in plain down right language was a bitter Invective against the two houses of Parliament and their proceedings so that by this time it might very well appear That the enemies of the Kingdoms peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majestie condiscended to the Cessation in manner as was agreed on by both Houses to continue onely for five dayes expecting a liberty notwithstanding to be given the Committee to word it according to the reall Intention and so that His Majestie might not be understood to consent to any Imposing upon Leavying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and Inhibiting his Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon his Subjects by any Souldiers of the Army for not submitting to such Impositions Which offer of His Majesties being but a Cessation onely for five dayes and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesties offer imply a declining of that power which might indanger the Disbanding of their Army And if answered would necessarily have enforced them to some sharpnesse of language which the enemics of this Treaty would easily take occasion to quarrel at and perswade His Majestie to break off which the Lord and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid and therefore they did not onely passely these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence And therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to Treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesties first Proposition whereby His Majestie demanded That his own Revenue Magazines Towns Forts and Ships which had bin taken or kept from him by force should be forthwith restored unto him The Lords and Commons by their Committee made him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was imployed for the maintenance of his own children according to the allowance established by himself that what should remain due to His Majestie they would satisfie and would leave the same to His Majestie for the time to come They likewise thereupon propounded to His Majestie That he would restore what had been taken for his use upon any of the Bills assigned to other purposes by severall Acts of Parliament as out of the provision made for the Wars of Ireland which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble answer That they would deliver up such as remained in their hands into the hands of such persons of worth qualitie and trust to be nominated by His Majestie as the two Houses of Parliament should confide in none of which persons to be removed during three yeers next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all governours and Commanders of Towns Forts and Castles should keep the same respectively for the service of his Majestie and the safetie of the Kingdom and that they should not admit into them any Forraign Forces or any other Forces raised without His Majesties authoritie and consent of the two Houses of Parliament And they should use their uttermost indeavours to suppresse all Forces raised without such authoritie and consent and seize all Armes and Ammunition provided for any such Forces Unto which Offer of theirs His Majestie gave this conclusive Answer That His Majestie did not intend that both Houses of Parliament should expresse their confidence of the persons to whose trust the Cinque-Ports April 5. or other His Majesties Townes and Forts were or should be committed but that they should have libertie to proceed against them according to Law His Majestie claiming the nomination and free election to belong to him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majestie would consent no further then these generall tearms That is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seiâ—ed upon which by the Lawes and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such noble Person as His Majestie should nominate to be Lord high Admirall of England and the two Houses of Parliament confide in To which offer His Majesty refused His consent declaring His Resolution to insist upon what by
Law was His own as His Majesty was pleased to expresse it and take from Him should be restored unto Him without any conditioning or new lymitations to be put upon Him or His Ministers And now the Lords and Commons will referre it to the world to judge whither their demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider That this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other That the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them That for any one side to demand the possession and power thereof and the other side to disband their forces and quit themselves of all their strength is in effects a totall disbanding of that side and a continuing the forces of the other which must be granted to be most unequall And therefore the Lords and Commons did think it just and honourable That the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent * The fourth of Edward the third Articw 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose content or of some of them no great businessle was to be transacted Rot. Parham 13 E. 3. N 15 16 The whole Nâ—… dâ—sposed of by Parliament N. 13 14 Admiralls appointed and Instructions given to them N 32 Instructions for the defence of Jersey and a Deputy Governour apointed in Parliament N 35. Souldiers of York Nottingham c to go at the cost of the Countrey and what they are to do N. 36 A Clark appointed for payment of the râ—wages by the oversight of the Lord Percy and Nevill N. 38 Sir Walter Creak appointed keeper of Berwick N. 39. Sir Tho de Wake appointed to set forth the Array of souldiers for the County of York and N. 40 41 42 4 others for other Counties XILLI E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwall shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancast Warton and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea Coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick R 48 Commission to the L. Mowbray of the Iustices of Lentham N. 53 54. c Commissions of Arra to the Earl of Angou and others XV. E. 3. N. 15. That the Chancellors châ—ef Iustices Treasurers Chancelloâ—s and Barons of the Exche quer c may be chosen in open Pariament and there openly sworn to observe the Law Answer thus That as they fall by death or otherwise it shall be so done in the choyce of a new with you assents c L.E. 3 N. â—0,11 Ordered in Parliament That the King should have at the least tea or twelve Councellors without whom no weighty matters should passe c. N 15. A Commission to the L. Perey and others to appoâ—nt able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18,12 The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoine Ireland and Aâ—ton Keepers of the Ports Castles c. II R. 2. Rot. Parl. pars 2. artic 39. The Admiralry N. 37 In a chedule is containe the order of the E of Northumb and others for the desence of the North Sea-Coasts and confirmed in Parliament VI. R. 2. N 11. The Proffer of the Bishop of Norwich to keep the Sea Coasts and accepted in Parliament VIII R. 2. 11.16 The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause XI R. 2. N 23. No persons to be about he King or intermedole with the Affairs of the Realm other then such as be appointed by Parliament XV. R. 2. N 15 The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H 4 N. 106. That the King will appoint able Captains in England and Wales Stat. 4 H. 4 cup. 31,32,33 primed The wels h men shall bea Office V. H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other men from about him N 37. At the Request of the Commons nameth divers Privy Councellors VII VIII H. 4.26 Power given to the Merchants to name two persons to be Admiralls VII VIII H. 4. N 31 Councellors appointed by Authority of Parliament N 26. Commissions granted in Parliament to keep the Sea Rot. Parl. â— H. 6. N 61 Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N 26. Privy Councellors II. H. 6 N 15. Councell named by Parliament IV. H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwich Castle XIV H. 6 N. 10 The keeping of the Town of Callice is committed to the Duke of Gloâ—cester by Indenture between him and the King and confirmed in Parliament XXXI H. 6 N 41. Roch Earl of Salubury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three yeers 33 H. 6 N. 27. Discharged 39 H. 6 N. 32. The Duke of York made by Parliament Generall Stat 21 â—ac cap. 34. Treasurers and a Councell of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lievt of the County of Yorke Sir Io. Conniers Lievt of the Tower upon the desire of the Lords and Commons this Parliament With very many more Presidents which to avoid prolixity are purposely omitted Presidents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesties Predecessors have assented thereunto Thirdly It was a Proposition which his Majestie himself in severall Declarations of his own affirmed to be reasonable and just for in his Majesties Answer to a Petition of the house of Commons January 28.1641 He He expresseth thus For the Forts and Castles of the Kingdom his Majestie is resolved they shall be in such hands and onely in such as the Parliament may safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all dangers or Jealousies of any His Majesties will be content to put in all the places both of Forts and Militia in the sevarall Counties such persons as both Houses of Paliament shall
either aprove or recommend unto Him So that you declare before unto His Majesty the name of the persons whom you approve or recommend unlesse such persons shall be named against whom he shall have just and unquestionable exception which being declared by His Majesty Himself they had no cause to suspect a deniall being confident that His Majesty did intend what he spoke and if any ill Counsell could prevail to make Him recede from His word it must be admitted the Kingdom hath more cause to be further secured Fourthly For that to our sad experience it is well known That His Majesties power in this and other things is too much steered and guided by the advice of these secret and wicked Councellors that have been the Instruments of our present miseries And though His Majesty carryeth the name yet they will have the disposing of those places And the Lords and Commons thought it the more reasonable and necessary to insist thereupon Because that in the time when they were preparing their Propositions to His Majesty it did appear unto them by a Letter written by His Majesty to the Queen which they have caused to be here with Printed that the great and eminent places of the Kingdom were disposed by her advice and power and what Her Religion is and consequently how prevalent the Councells of Papists and Jesuites will be with Her may be easily conjectured and it is to be observed who the persons designed for preferment were even during the sitting of a Parliament The Lord Digby impeached in Parliament for high Treason and most if not all the rest impeached in Parliament and such as bear Arms against them Lastly admitting that these demands touching the Ships and Forts had been made even in a time of Peace and tranquility yet considering the attempts of Force and Violence made and practised against the Kingdom and this present Parliament as the Designes many years since to bring to this Kingdom the German Horse to compell the Subject to submit to an arbitrary Government The indeavour to bring up the late Northerne Armie by force and violence to awe the Parliament His Majestie coming in person to the House of Comments accompanied with many Armed men to demand their Members to be delivered up And the Treason of the Earle of Strafford to bring over the Irish Popish Armie to Conquer the Kingdom they might very well justifie nay they were in dutie bound in discharge of the trust reposed in them by the Common-wealth to make that Demand and expect the performance thereof to the end the people might be secured from any such violence hereafter yet to their inexpressible sorrow they must speak it neither the Reasonablenesse the Moderation or Justnesse of the Request nor the Peace of the Kingdom which probably would ensue thereupon could be Arguments prevalent enough to induce His Majesties cons ent thereunto and His Majesties offer of those Commanders that shall offend to leave them to Justice and Triall of the Law is an Answer more to shew His power to protect Delinquents then satisfaction to a Parliament being the due and right of the meanest Subject and yet intituled here as a favour done to both Houses of Parliament And though His Majestie is pleased to justifie His deniall with the Allegation That it is His right by Law they must appeal to the judgement of all indifterent men whether that be a satisfactory ground of refusall for admitting His Majesties power of disposing the Ships Forts and Castles and committing them into what hands He please to be by Law absolutely vested in His Majestie which they by no means can admit He being onely trusted with them for The defence and safetie of the Kingdom as He son for the King to refuse His consent to after that Law when by circumstance of time and affairs that power becomes destructive to the Common-wealth and safetie of the people The preservation whereof is the chief end of the Law and though the two Houses of Parliament being the representative body of the Kingdom are the most competent Judges thereof yet in this Case they do not proceed onely upon an implicite Faith but demonstrate it both by Reason and Experience That their demand is not only neccessary to secure the Kingdom from Fear and Jealousie but to preserve it even from ruine and destruction And surely had this Argument of being Their right by Law been prevailing with His Majestie Precedessours this Nation should have wanted many an Act of Parliament which now they have that was necessary for their being and subsistence And they coul heartily wish that the Lawes and Statutes of the Kingdom might be The rule of what is and what is not to be done acknowledging with His Majestie that the same is the onely rule between Him and His people the assurance of the free enjoyment thereof is their onely aime but how little fruit the people hath gathered from this true let the wofull experience of these last eighteen yeers judge where in a time of Peace and Plentie the power of issuing out Commissions to compell Loanes A power in the King at His pleasure to impose a charge upon the people to provide Ships without limitation of time or proportion A power in the Councell Board to commit men and determine businesse without distinction of persons or causes The power of laying Imposition both upon Forreign and Domesticke Commodities and many other Acts of oppressions was under the name and colour of a Legall right thereunto practised and put in execution Against which the Subject had no help of relief but necessitated to submit and lie under the burden And when at any time a Parliament was called being the onely cure and remedie for these griefs it could no sooner touch upon these sores but it was dashed in pieces by a sudden dislolution And now that a remedie is provided for that mischief by the Act for continance of this Parliament it is attempted by the force and power of an Army to effect that which formerly could have been done with more ease and readinesse And now they referre it to the censure of any honest man whether they have not the warrant of Reason and Necessitie to demand some securitie to enjoy that which His Majestie confesseth to be the peoples right And in reference to that whether their Demand of having the Forts Castles and Shipping to be put into such hand as both Houses shall have cause to confide in was not both moderate and reasonable And touching their Demand and His Majesties Answer to the Clause concerning the admission of Forces into those Forts Castles and Towns they must still submit it to all indifferent judgements how much reason and justice was comprehended in their Demand and how little satisfaction they received therein His Majesty answers That no Forces raised or brought in contrary to Law should be admitted which they could heartily wish heretofore had or hereafter would be really performed But they
desire it may be considered What security this will be to the Kingdom to prevent the raising or bringing in of Forces contrary to Law who shall be Judges of the Law when those Forces are once raised and once brought in Surely His Majesty will not acknowledge the two Houses of Parliament to be for His Majesty by severall Declarations hath expresly denyed them any such power For contrary to their Declarations fortified with Law and reason His Majesty published and affirmed the legallity of the Commission of Array and put the same in execution in most parts of the Kingdom Hath authorized the Papists of the Kingdom to take Arms to oppose the Parliament and their Proceedings and to rob spoyl and deprive the Protestants of this Kingdom of their estates and lives Hath by divers Proclamations and Declarations published the raising of Forces and taking up of Arms by the two Houses of Parliament and such as therein obey their Commands for their own defence and the defence of their Religion and Liberty assaulted by an Army of Papists and their adherents to be Rebellion and Treason and the taking up of Arms by the Papists and their adherents to be acts of duty and loyalty And all this urged and pretended to be warranted by the Law of the Land And they do not doubt but by the same Law persons legally impeached and accused in Parliament of high Treason as the Lord Digby Master Percy Master Jermyn Master Oneale and others are by the Power of an Army protected from the Justice of the Parliament And yet all this while the people have not onely his Majesties promise but His Oath to govern and protect them according to the Laws of the Land And now they appeal to the world Whether such a generall Answer That no Forces raised or brought in contrary to Law without admitting them so much as to declare their confidence in the persons that are to be entrusted with the Power be just or reasonable What is it otherwise in effect then to make those persons that are the Instruments to violate the Law Judges of that Law which to our sad experience is the wofull and miserable present condition of this Kingdom And though by what had hitherto passed they had little cause to suspect such a happy issue to the Treaty as they heartily wished and most earnestly laboured for discovering not the least inclination of complyance to their just Demands but all or most of them answered with a denyall and that not without some sharpnesse and acrimony yet resolving to be wanting in nothing of their parts they enjoyned their Committee to presse on the Proposition for disbanding and humbly desire His Majesties positive Answer thereunto which if assented unto by His Majesty would though not wholly take away the cause and perfectly cure the distractions of this Kingdom yet at least take off the smart and pain under which both Church and State do most miserably languish and so better enable them to endure the expectation of a thorow Cure The Committee applyed themselves to His Majesty accordingly and after some endeavour to protract the debate of this Proposition and desire that it might be deferred to the conclution of the Treaty and that the time of the Treaty might be enlarged His Majesty being earnestly importuned to a positive and speedy Answer to the end the Kingdom might know what they might trust to His Majesty was pleased to return this Answer That as soon as His Majesty were satisfied in His first Proposition concerning His own Revenue Magazines Ships and Forts Secondly as soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641 not intending to extend it to the Bishops Votes or to such in whose places upon new Writs new Elections have been made Thirdly as soon as His Majesty and both Houses might be secured from such tumultuous assemblies as formerly assembled about both Houses which security His Majestly explains can be onely setled by adjourning the Parliament to some place twenty miles from London His Majesty would consent that both the Armies should be disbanded and come to the Parliament which in terms plain enough is as much to say That untill both Houses shall consent to those demands he will not disband His Army He will continue the Warre And what reason or justice is either in the matter or manner of those demands Or what hope or expectation the people can have to see an end of their present calamities they leave it to themselves to judge His Majesty in the beginning of the Treaty in His answer to the Propositions of both Houses was pleased to expresse how unparliamentary it was by Arms to require new Laws but how to apply that the two Houses of Parliament they must confesse they are to seek they never having demanded any new Laws by Arms endeavouring onely what in them lieth to preserve and defend themselves their Religion and Laws from the violence of an Army first raised against them which being laid down and disbanded they offer to disband theirs without any other condition But they are well assured That by this His Majesties Answer here is not onely a requiring of new Laws but a repealing of the old by Arms For His Majesty must have this Parliament adjourned to another place which by a Statute made this present Parliament cannot be done without the consent of both Houses He must have the Members disabled to sit there by the respective judgement of both Houses restored to their former capacity of sitting and voting or he will not consent to disband And how destructive to the Liberties of the Parliament and dangerous to the Kingdom these Conditions required by His Majesty to precede the disbanding are any man that hath an eye to see may easily discern As first To satisfie his first Proposition in yeelding up the Magazines Ships and Forts into the hands of such persons as His Majestie shall appoint to receive the same without any admission to the two Houses to expresse their confidence in those persons which being performed were to yeeld up the principall part if not all the strength they have and expose themselves Religion and the Kingdom to the mercy of a powerfull Popish Army raised against them and submit it to them and to the will and pleasure of those Councellors whose interest with His Majesty hath brought this Kingdom to this desolate condition whether they would disband or not Secondly To satisfie Him in His Proposition touching His Revenue wherein He demands a restitution of what hath been taken from Him Which though it would prove no considerable Sum yet the time that the examination and agreement upon the accompt would necessarily take up would prove such as might very well make the Kingdom sink under the burden of two Armies before it came to a conclusion And touching His Majesties requiring a restitution of the
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
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
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
words but wren I shall be wanting in any other way according to my wit and power of expressing my Love to thee then let all honest men hate and eschew me like a Monster and yet when I shall have done my part I confesse that I shall come short of what thou deservest of Me. H 3 189 â— 3 42 17 25 27 39 21 66 a 1 45 31 7 4 32 18 47 46 9 3 d 4 g 4 46 35 67 48 7 40 5 43 74 3 41 7 33 62 8 63 68 50 64 34 9 51 45 69 46 37 deer 45 31 7 1 33 18 49 47 19 21 10 70 13 7 45 58 8 9 41 10 this a 2 324 in the mean time 46 31 7 50 e 3 20 3 6 8 48 75 41 9 2 upon 60 19 50 61 27 26 7 69 12 19 47 45 8 24 Yesterday there was Articles of a Cessation brought me from London but so unreasonable that I cannot grant them yet to undeceive the people by shewing it is not I but those who have caused and fostered this Rebellion that desire the continuance of this warre and universall distraction I am framing Articles fit for that purpose both which by my next I mean to send thee 219 b 3 58 51 75 46 7 3 45 37 2 1 189 46 38 1 g 1 173 131 which I think fit to be done a 5 4 30 3 n 5 d 3 46 31 8 10 2 32 18 64 7 3 45 31 9 66 46 32 19 41 25 48 k 1 e 4 67 69 63 I am now confident that 173 is right for my service Since the taking of Cicester there is nothing of note done of either side wherefore that little news that is I leave to others only this I assure thee That the distractions of the Rebels are such that so many fine designes are laid open to Us We know not which first to undertake but certianly my first and chiefest care is and shall be to secure thee and hasten Our meeting So longing to hear from thee I rest eternally Thine Oxford 12 2 March 1643 2. C. R. THe last I received of thine was dared the 16 6 Febr. and I beleeve none of my four last are come to thee their are 13 1 23 23 25 15 Febru and 20 Febr. or March the 2. A Declaration of the Lords and Commons assembled in Parliament upon the proceedings in the late Treaty and the aforesaid Letters THe Lords and Commons assembled in Parliament being deeply afflicted with a sorrowfull sence of miserable distractions of this Kingdom overwhelmed with the calamities of the worst kinde of War have by severall Petitions and many humble Addresses to His Majestie besought him by removing the causes thereof to put an end thereunto And although all their endeavours have not onely proved fruitlesse but some of their Petitions received a deniall even of Audience a favour not denied to the Rebels of Ireland which might very well justifie them before God and man to decline any further prosecution that way especially in a case where themselves and the kingdom are the parties injured and oppressed Yet their bowels did so much yearn after a happy peace that they resolved notwithstanding their former discouragements to break thorow all difficulties And yet once more most humbly to represent to His Majestie the miserable distempers of His two Kingdoms of England and Ireland and if possibly they could to endline His Royall heart really to act what he hath so often verbally professed To compose those unhappy distractions and restore His people to a blessed and lasting Peace And for that purpose about the first of February last They in all humblenesse presented their desires to His Majestie digested into fourteen Propositions and how reasonable and indifferent those Propositions were they expose them to the view of the world to judge resting assured that no indifferent man that shall duely weigh them with the time and circumstance will finde any thing contained in them but what was necessary for the maintenance and advancement of The true Protestant Religion The due execution of justice The preservation of the Liberty and Property of the Subject and The establishment of the Kingdoms Peace and safety And because they might with all speed take off the burthen under which this Kingdom did principally groan and stop the spring from whence most of these calamities did slow They in the first place propounded That the Armies and Forces raised on both sides might be disbanded which being effected the Kingdom might with the more ease and security expect the issue of the Treaty And therefore they were very carefull that no Proposition or circumstance touching the Treaty should precede this His Majestie having received and considered these Propositions he not long after returned his Answer wherein he Professeth to have given up all the faculties of his soul to an earnest endeavour of a Peace and reconciliation with his people and desires a speedy time and place might be agreed upon for the meeting of such persons as His Majestie and both Houses should appoint to discusse those Propositions and six other Propositions made by His Majestie and sent with that Answer whereof one was That to the intent the Treaty might not suffer interruption by any intervening accidents That a Cessation of Arms and free Trade might be first agreed upon which Answer the Lords and Commons did take into their consideration And because His Majestie did desire that a Cessation might be first agreed upon they did accordingly submit thereunto though they had purposely avoided it before being unwilling to waste the time about the shadow that would of it self vanish with the disbanding which they desired might be concluded in the first place But they were willing to give all satisfaction to His Majesties desires hoping thereby to incline him the more readily to consent to their just requests And according to their resolution they prepared ready the Articles of Cessation and that with as much equality and indifferency to both sides as possibly they could They likewise agreed to Treat upon the Propositions before the Disbanding in which Treaty so much of His Majesties Propositions as concerned His Majesties Revenue Magazines Forts and Ships and the Propositions of both Houses for the Disbanding should be first Treated of and concluded before the proceeding to Treat upon any other And that this Treaty should begin the fourth of March or sooner if it might be and that from the beginning of the Treaty the time might not exceed twenty dayes They fuâ—ther resolved that a Committee of both Houses should be appointed to attend His Majestie if His Majestie should so please to endeavour to give him all humble and fit satisfaction concerning the said Propositions All which their resolutions they forthwith by a Messenger dispatched for that purpose presented to His Majestie and not long after sent a Committee to attend him And though they hoped for a ready concurrence from His Majestie to the Articles of Cessation the
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