THE PROCEED IN THE LATE TREATY OF PEACE Together With several Letters of his Majesty to the Queen, and of Prince Rupert to the Earl of Northampton, which were intercepted and brought to PARLIAMENT. WITH A Declaration of the Lords and Commons upon those Proceed and Letters. ORdered by the Lords and Commons, that these Proceed, Letters, and Declaration be forthwith Printed. H. Elsing Cler. Parliament. Dom. Com. LONDON, Printed for Edward's 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, tendered unto his Majesty: February the first, 1642. WE your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, having in our thoughts the glory of God, your Majesty's honour, and the prospetity of your People, and being most grievously afflicted with the pressing meseries & calamities which have overwhelmed your two Kingdoms of England and Ireland, since your Majesty hath by the persuasion of evil Counsellors, withdrawn yourself from the Parliament, raised an Army against it, and by force thereof protected Delinquents from the Justice of it, constraining us to take Arms for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, Privileges 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 Earl 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 blood hath been spilt, and the Papists have attained means of attempting, and hopes of effecting their mischievous design of rooting out the Reformed Religion, and destroying the professors thereof. In the tender sense and compassion of these evils, under which your people and Kingdom lie (according to the duty which we own to God, your Majesty, and the Kingdom, for which we are entrusted) 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 Majesty's Dominions. And as we have rendered, and still are ready to render to your Majesty that subjection, obedience, and service which we own 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 Royal 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 we likewise shall be ready to disband all those Forces which we have raised: And that you will be pleased to return to your Parliament. 2. That you will leave Delinquents to a Legal Trial, and judgement of Parliament. 3. That the Papists may not only be disbanded, but disarmed according to Law. 4. That your Majesty will be pleased to give your Royal 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, Archdeacon's, Canons, and Prebendaries, and all Chanters, Chancellors, Treasurers, Subtreasurers, Succentors, and Sacrists, and all Vicar's Choral, and Choristers, old Vicars, and new Vicars of any Cathedral, 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 pass such other good Bills for settling 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 Majesty. That your Majesty having expressed in Your Answer to the Nineteen Propositions of both houses of Parliament, a hearty affection, and Intentions for the rooting out of Popery out of this Kingdom; and that if both the houses of Parliament can yet finde a more effectual Course to disable Jesuits, Priests, and popish Recusants from disturbing the State, or deluding the Laws, 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 Administered in such manner, as by both Houses shall be agreed on; wherein they shall abjure and renounce the Pope's Supremacy; The doctrine of Transubstantiation, Purgatory, worshipping of the consecrated Host, Crucifixes, and Images, and the refasing the said Oath, being tendered in such manner, as shall be appointed by Act of Parliament, shall be a sufficient Conviction Law of recusancy. And that your Majesty will be graciously pleased, to give Your Royal assent unto a Bill for the Education of the children of Papists, by Protestants in the Protestant Religion; That for the more effectual execution of the Laws 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 Penalty may be levied, and disposed of in such manner as both houses of Parliament shall agree on; so as your Majesty be at no loss; And likewise to a Bill whereby the practice of Papists against the State may be prevented, and the Laws against them duly executed. 6. That the Earl of Bristol may be removed from your Majesty's Counsels, and that both he, and the Lord Herbert, eldest son to the Earl of Worcester, may likewise be restrained from coming within the Verge of the Court, and that they may not bear any Office, or have my employments concerning the State, or Commonwealth. 7. That Your Majesty 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 Kingdom, in such a manner as shall be agreed on by both Houses. 8. That Your Majesty will be pleased by Your Letters Patents, to make Sir john Brampston Chief Justice of Your Court of King's Bench; William Lentall Esquire, the now Speaker of the Commons house, Master of the Rolls, and to continue the Lord chief Justice Banks chief Justice of the Court of Common Pleas; and likewise to make Master Serjeant Wild Chief 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 King's Bench. That Master Justice Reeves, and Master Justice's Foster, may be continued; and Master Serjeant Pheasant made one of Your Justices of Your Court of Common Pleas; That Master Sergeant Cresivell, M. Samuel Browne, and Master John Pulleston, may be Barons of the Exchequer; And that all these, and all the Judges of the same Courts, for the time to come, may hold their places by Letters Patents under the great Seal, Quam diu se bene Gesserint, and that he several persons not before named, that do 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 than such as were put out by desire of both, or either of the houses of Parliament) may again 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 Majesty will be pleased to pass the Bill now presented to your Majesty to vindicate and secure the Privileges of Parliament, from the ill consequence of the late Precedent in the Charge, and proceeding against the Lord Kimbolton, now Earl of Manchester, and the five Members of the house of Commons. That Your Majesty's Royal Assent may be 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 public Faith of the Kingdom. That Your Majesty 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 designs, and attempts of the Popish and Jesuitical Faction, to subvert, and suppress it, whereby Your Subjects may hope to be free from the mischiefs which this Kingdom hath endured, through the power which some of that Party have had in Your Counsels, and will be much encouraged in a Parliamentary way for Your Aid, and Assistance in restoring your Royal Sister, and the Prince Elector to those Dignities, and Dominions which belong unto them, and relieving the other distressed Protestant Princes who have suffered in the same Cause. That in the Ganerall Pardon, which your Majesty hath been pleased to offer to your Subjects, all offences and misdemeanours committed before the tenth of january, 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 nevertheless be taken, and adjudged to be fully discharged against all other inferior Courts. That likewise there shall be an exception of all offences committed by any person, or persons, which hath, or have given any counsel, assistance, or encouragement to the Rebels there for the maintenance of the Rebellion. As likewise an exception of William Earl of Newcastle, and George Lord Digby. That Your Majesty will be pleased to restore such Members of either house of Parliament to their several places of Services, and Employment 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 removals upon the Petition of both houses of Parliament: And that all others may be restored to their Offices and Employments, 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 Majesty, and both houses of Parliament upon the like Petition of both houses. These things being granted and performed, as it hath always been out hearty prayer, so shall we be enabled to make it our hopeful endeavour; That your Majesty and your people may enjoy the blessings of Peace, Truth and juffice; The Royalty and greatness of Your Throne may be supported by the Loyal and bountiful affections of Your people; Their Liberties and Privileges maintained by your Majesty's Protection and justice; And this public honour, and happiness of your Majesty, and all Your Dominions Communicated to other Churches, and States of Your Alliance, and derived to your Royal Posterity, and the future Generations in this Kingdom for ever. H. Elsing Cler. Parl. D. Com. His Majesty's Answer to the Desires and Propositions of both Houses, February the third, 1642. Received at a Conference with the Lords, February the sixth, 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, he 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 Majesty's desire having always been, that all men should be Tried by the known Law, and having been refused it) with raising an Army against his Parliament, and to be told that Arms have been taken up against him for defence of Religion, Laws, Liberties, Privileges 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 remembering 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 men's Rights, that he was not able to maintain and defend his own 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) their Laws, Liverties, Privileges, and safety of Parliament were so amply settled, and estaulished; 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 Royal Predecessors; this misunderstanding and distance between his Majesty and his people, and this general misery, and distraction upon the face of the whole Kingdom, had not been now the discourse of Christendom: But his Majesty will forbear any Expressions of Bitterness, or of a sense 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, appear to him very derogatory from, and destructive to his just power and Prerogative, and no way beneficial 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 dark, or doubtful in them, cleared and explained upon debate) his Majesty is pleased (such is his sense of the miseries, this Kingdom suffers by this unnatural 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 discuss these Propositions, and such others here following, as His Majesty doth propose to them. 1 THat his Majesties own Revenue, Magazines. Towns, 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 Majesty's Legal, and known power, and rights, he renounced and recalled, that no seed may remain for the like to spring out of for the future. 3 That whatsoever illegal power hath been claimed and exercised by, or over his Subjects, as imprisoning their persons without Law, stopping their Habeas Corpuses. and imposing upon their Estates without Act of Parliament, etc. 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 firm settling of the Protestant Religion now established by Law: so he 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 General Pardon, shall be tried per Pares, according to the usual course, and known Law of the Land, and that it be left to that, either to acquit, or condemn them. 6 And to the intent this Treaty may not suffer interruption by any intervening Accidents, that a Cessation of Arms, and free Trade, for all his Majesty's Subjects, may be first agreed upon. This offer and desire of His Majesty 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 Blood 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 privileges 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 only 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. Whereas the Lords and Commons in Parlia. out of a tender sense of the present miseries and distractions of the Kingdom, and for the obtaining and settling of a happy Peace between his Majesty and his People, have humbly presented his Majesty, divers Propositions, to which he hath been 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 removal of the bloody and miserable effects of war, his Majesty hath likewise been graciously pleased by a late Message, to signify 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 Arms in Order to such a Treaty as is resolved upon by both Houses of Parliament, may be enjoined 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 than is hereafter expressed. 1 THat all manner of Arms, Ammunition, Victuals, Money, Bullion, and all other Commodities passing without such a safe conduct, as may warrant their passage may be stayed 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 Majesty's Forces in Oxfordshire, shall advance no nearer to Windsor then Wheatly, and in Buckinghamshire, no near to Aylesbury, than Brill, and that in Berks the Forces respectively shall not advance nearer the one to the other then now they are: And that the Parliament Forces in Oxfordshire shall advance no nearer to Oxford, than Henly; and those in Buckingham, no nearer to Oxford, than Aylesbury; And that his Majesty's 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 Gloucester, And that his Majesty's Forces now employed in the Siege shall return to C●…ester, and Malmesbury, or to Oxford; as shall be most for their conveniency, And the Parliament Forces which are in Glocestershire, shall remain in the Cities of Gloucester, Bristol, and the Castle and Town of Berkley or retire nearer to Wondsor, as they shall see cause, And that those of Wales which are drawn to Gloucester, shall return into their Quarters, where they were before they drew down to Glocestershire. 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 General on the other side & to allow three days after notice given for satisfaction. And in case satisfaction be not given or accepted, than 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 Kingdom of England, and Dominion of Wales and not before mentioned, shall remain 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 Majesty's Dominions. All which they humbly desire his Majesty will be pleased to ratify and confirm. And that this Cessation may begin upon the fourth of March next, or fooner if it may be, and continue until the five and twentieth of the same month, and in the mean time to be published to the Commanders, Officers and Soldiers, And all other his Majesty's loving Subjects on either side, and that the Treaty intended, may commence upon the fourth of March next, or sooner if it may be, and the continuance thereof not to ex●…ed 20 days. Hen. Elsinge Cler. Parl. D. Come His Majesties. 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 been begun, and the Cessation agreed on long since, and that much might in this time have been concluded in Order to the Peace and happiness of the Kingdom, but since in almost a month (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 been yielded to it; He conceives the Cessation cannot begin so soon as the fourth of this Month, by which time (though his Majesty 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 he shall always have a principal, just and compassionate regard) receive not any benefit, or are restored to any liberty thereby, which his Majesty shall ever insist upon (when in matters merely concerning himself, he may descend to easier Conditions) and which he hath returned with such Alteterations, as he doubts not both Houses will consent to, and do sufficiently manifest how solicitous his Majesty is for the good of his people, and how desirous he is, that in this unnatural Contention no more blood of his Subjects may be spilt (upon which he looks with much grief, compassion and tenderness of heart) even of those who have listed up their hands against him; and his Majesty therefore desires (against which he can imagine no objection can be made) that the Cessation may begin upon the Twelfth of this Month, or sooner, if the Conditions of the Cessation shall be sooner agreed on, and is willing the same shall continue for twenty days, in which time he hopes by the Treaty, and a clear understanding of each other, a full peace and happiness may be established throughout in Kingdom. And during that time his Majesty is willing that neither side shall be bound or limited by this Cessation in any otherwise, or to any other purpose than is hereafter expressed. 1 That all manner of Arms, Ammunition, Money, Bullion, and victuals passing for the use of either Army without a pass or safe conduct from the Generals of each Army may be stayed and seized on, as if no Cessation were agreed on at all. 2 That all Officers and Soldiers 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 Majesty's Subjects, of what quality or condition soever (except Officers and Soldiers of either Army) shall pass to and from the Cities of Oxford and London, and bacl again at their pleasures during this Cessation, as likewise to and from any other parts of his Majesty's 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, Traffic and Commerce, be free and open between all his Majesty's subjects, excepting as aforesaid, between the officers and soldiers of either Army, or for Arms, Ammunition, Money, Bullion, or victuals, for the use of either Army without a Pass or safe Conduct as aforesaid, which may be a good beginning to renew the trade and correspondence of the Kingdom, and whereby his good Subjects may be restored to that liberty and freedom they were borne to, and have so happily enjoyed, till these miserable distractions, and which even during this war, his Majesty 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 itself. 3 That his Majesty's forces in Oxfordshire shall advance no nearer to Windsor then Wheatly, and in Buckinghamshire no nearer to Aylesbury then Brill, and that in Bark-shire the forces respectively shall not advance nearer, the one to other than 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 nearer to Oxford then Henly, and those in Buckinghamshire no nearer to Oxford then Aylesbury; And that the forces of neither Army shall advance their quarters nearer to each other, than they shall be upon the day agreed on for the Cessation to begin, otherwise then in Passage and communication between their several Quarters respectively, without any acts of Hostility each to other, but any enlarge themselves within their own 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 Gloucester, Bristol, and the Castle and Town of Berkley shall be guided by the Rule expressed 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 General on the other side, and to allow three days after notice given for satisfaction, and in case satisfaction be not given or accepted, than five day's notice to be given before hostility begin; And the like to be observed in the remoter armies by the Commanders in chief. 6 That all other forces the Kingdom of England and Dominion of Wales not before mentioned, shall remain in the same Quarters and places as they are at the time of publishing this Cessation otherwise then in passage and communication between their several Quarters, as is mentioned in the later part of the third Article; And that this Cessation shall not extend to restrain the setting forth, or employing and Ships for the defence of his Majesty's 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 Majesty shall approve of. 7 Lastly, that during the Cessation none of his Majesty's subjects be imprisoned, otherwise then according to the known Laws of the Land; And that there shall be no plundering 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. Elsing Cler. Parl. D. Com. His Majesty's Answer to the Articles of Cessation sent to His Majesty. HIS Majesty hath sent a safe Conduct for the Earl 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 Sheriff proclaimed then in that County, in which his Majesty's Intention is declared to proceed against him as a person guilty of high Treason, and so falling to be within the case of Sir john Evelin, who upon the same Exception was not admitted to attend his Majesty, with the rest of the Committee at Colebrook in November last; But his Majesty doth signify that in case the House shall think 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, Soldiers, and other subjects to suffer him as freely to pass and repass, as if his name had been particularly comprised in this safe Conduct. His Majesty 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 days: in which he hopes a full Peace and right understanding may be established throughout the Kingdom. H. Elsing Cler. Parl. D. Com. The last Articles of Cessation now sent to His Majesty. THe Lords and Commons in Parliament being still carried on with a vehement desire of Peace, that so the Kingdom may speedily be freed from the desolation and destruction, wherewith it is like to be overwhelmed if the war should continue; Have with as much expedition as they could considered of the Articles of Cessation, with those alterations and additions offered by his Majesty, unto which they are ready to agree in such manner as is expressed in these ensuing Articles. (viz.) 1 That all manner of Arms, Ammunition, Victual, Money, Bullion, and all other Commodities, passing without a safe Conduct from the Generals of both Armies, as well of his Majesties as of the Armies raised 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 Majesty's Forces in Oxfordshire shall advance no nearer to Windsor then Wheatly, and in Buckinghamshire no nearer to Aylesburie then Brill, and that in Berkshire the Forces respectively, shall not advance nearer the one to the other, than they shall be at the day to be agreed on for the Cessation to begin; And that the Forces of the other Army raised by the Parliament shall advance no nearer to Oxford then Henly, and those in Buckinghamshire no nearer to Oxon then Alisbury, and that the Forces of neither army shall advance their Quarters nearer to each other than they shall be upon the day agreed on for the Cessation to begin. 4 That the Forces of either army in Glocestershire, Wilts, and Wales, as likewise in the Cities of Gloucester and Bristol, and the Castle and Town of Berkley shall be guided by the rule expressed 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 first to acquaint the Lord General on the other side, and to allow three days after notice given for satisfaction, and in case satisfaction be not given or accepted then five day's notice to be given before Hostility begin, and the like to be observed in the remoter armies by the Commanders in Chief. 6 That all other forces in the Kingdom of England, and Dominion of Wales, not beforementioned, shall remain 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 Majesty's Dominions. 7 That as soon as his Majesty shall be pleased to disband the Armies which both Houses earnestly desire may be speedily effected, and to disarm 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 enjoined to keep the Soldiers from plundering, which the two Houses of Parliament, have ever disliked and forbidden. And for the speedy settling 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 several and remote parts, and the Commanders, Officers, and Soldiers, are enjoined to observe this Cessation accordingly, to which they hope and pray, that God will give such a blessing, That thereupon, Peace, Safety, and Happiness 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, Earl of Northumberland, William, Lord Viscount Say and Seal, William Pierpoint, Esquire, Sir William Armyn Baronet, Sir john Holland, Baronet, and Bulstrode Whitlock, Esquire: Committees appointed to attend his Majesty upon the Propositions made by his Majesty to the Parliament, and likewise upon the other Propositions, humbly presented from them to his Majesty. 1 YOu shall present to his Majesty, the Articles agreed on for the Cessation of Arms, Humbly desiring his Majesty to ratify and confirm the same under the Great Seal, which being obtained, you are to send it up to the Parliament with all possible speed, and shall likewise beseech the King to dispatch away Messengers to the General's Commanders and Soldiers 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 intent to give the like direction the Lord General 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 Majesty's behalf, concerning his Majesties own 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 been employed in the maintenance of his Majesty's Children, according to the allowance established by himself, And they will satisfy 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 been taken for his use, upon any of the Bills assigned to other purposes by several 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 slight all Fortifications made since that time, which Towns 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 Towns 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 been taken by them into their care and custody since the beginning of these Troubles shall be reduced to such proportion of Garrison, as they had in the year 1636▪ and shall 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 shall confide in. That the Warden of the Cinque Ports, and all Governors and Commanders of Towns, Castles, and Forts shall keep the same Towns, Castles and Forts respectively for the Service of his Majesty, and the safety of the Kingdom, And that they shall not admit into any of them any Foreign Forces raised without his Majesty's authority and consent of the two Houses of Parliament, And they shall use their uttermost endeavours to suppress all Forces whatsoever raised without such authority and consent; And they shall seize all Arms and Ammunition provided for any such Forces. That the Ships shall be delivered into the Charge of such a Noble person, as his Majesty shall 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 & shall have power to nominate and appoint all subordinate Commanders and Officers, & have all other powers appertaining to the Office of High Admiral, which Ships he shall employ for the defence of the Kingdom against all Foreign Forces whatsoeves 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 uttermost endeavour to suppress all Forces which shall be raised by any person without his Majesty's authority and consent of the Lords and Commons in Parliament: And shall seize all Arms and Ammunition provided for supply of any such Forces. That all the Arms and Ammunition, taken out of his Mejesties' Magazines, 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 public Magazines 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 been taken for his use from the several Counties, Cities, and Towns. To the Proposition made by the two Houses concerning the disbanding of the Armies you shall humbly desire his Majesty's 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 near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire, 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 repair to the several Armies, and see the disbanding put in speedy execution accordingly. That his Majesty do likewise remove the Garrisons out of Newcastle, and all other Towns, Castles and Forts, where any Garrisons have been placed by him since these Troubles; And that the Fortifications be likewise slighted, and the Towns and Forts left in such state and condition as they were in the year 1636. That all other Towns, Forts, and Castles, where there have been 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 Majesty shall be pleased to assent to these Propositions concerning the Towns, Forts, Castles, Magazines and Ships, that then his Majesty be humbly entreated to name Persons of Quality to receive the charge of the several Offices and Forts, Castles and Towns, to be forthwith certified to the two Houses of Parliament, that thereupon they may express their confidence in those persons, or humbly beseech his Majesty to name others; None of which Persons shall be removed during three year's next ensuing without just cause to be approved by Parliament, and if any be so removed, or shall die within the said space, the Person to be put into the same Office, shall be such as both Houses shall confide in. That all Generals and Commanders in any of the Armies on either side, as likewise the Lord Admiral of England; the Lord Warden of the Cinque-ports; All Commanders of any Ships, and Commanders of any Town, 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 Kingdom against all Foreign Force, and all other Forces raised without his Majesty's authority 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 be a free pass of Messengers to and from the Parliament, and the Committees Without search or interruption, and his Majesty's safe Conduct, to be obtained to that effect to such Persons as are, or shall be appointed for that service, viz. For Mr. john Rushworth, Mr. Michael W●lden, Mr. john Corbet of Gray Inn, and Mr. james Standish. H. Elsing Cler. Parl. D. Com. 23 Martii, 1642. The King's Message concerning the Cessation. CHARLES R. HIs Majesty hath immediately upon their arrival admitted the Committee sent to Him from both Houses of Parliament (as the Messengers of Peace) to his Royal 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 readiness 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 real 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 freedom of Trade, Traffic and Commerce, (though in matters which concerned Himself more immediately, as in Arms, Ammunition, Money, Bullion, and Victual, for the use of his Army, and the Passage of all Officers and Soldiers of his army, He was contented the restraint should be in such manner as was proposed) of which his Majesty is so tender, that as he hath provided for the same by His gracious Proclamations, so He doth daily release and discharge such Merchandise and Commodities, as are contrary to those Proclamations stayed by any of his Majesty's Forces. To this freedom 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 Majesty desires both Houses to consider of, and whether, if his Majesty should take the same course to stop and interrupt the Trade of the Kingdom, as the other Army doth, a general loss 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 Majesty's Dominions, should be employed only 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 Hostility remains) the conveying of any number of Forces from any part to any other, by that means, remain free to them. 3. For the Prevention of any Inconveniences which might arise upon real Differences, or Mistakes upon the Latitude of expressions (as if his Majesty should now consent to these Articles proposed, in the Terms proposed, He must confess the Army, of which he complains, to be raised by the Parliament, and either himself to be no part of the Parliament, or Himself to have raised that Army) and for prevention of that delay which He foresaw could not otherwise be avoided, 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 main 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 known Laws of the Land. This is in no degree consented to, but the privilege 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 ways satisfied; his Majesty, not only intending by it the robbing of the Subject by the unruliness of the uncommanded Soldier (which their clause of requiring the Generals and officers to keep them from it seems 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 Plundering used 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 known Laws 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 Majesty's Article are wholly preserved, yet by Reason of the Relation to somewhat going before, that is varied by them, the sense of those words is wholly varied too, as in the fourth Article, that part of the Third article to which that did refer, being wholly left out. So that upon the matter all the Propositions made by his Majesty (which did not in Terms 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 Kingdom with joy and Hop:) may be improved to the wished end, his Majesty desires, that the Committee now sent, may speedily have liberty to treat, debate, and agree upon the Articles of Cessation, in which they and all the world shall find, that his Majesty is less solicitous for his own Dignity and Greatness, then for his subjects Ease and Liberty. And He doubts not upon such a Debate all differences concerning the Cessation will be easily and speedily agreed upon, and the benefit of a Cessation be continued and confirmed to his People by a speedy disbanding of both Armies, and a sudden and firm Peace, which his Majesty above all things desires. If this so reasonalbe, equal, and just Desire of his Majesty shall not be yielded 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 Treat (even without a Cessation, if that be 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 He shall give all his Subjects that satisfaction, That if any Security to enjoy all the Rights, Privileges and Liberties due to them by the Law, or that happiness in Church and State, which the best times have seen, with such farther acts of Grace as may agree with his Honour, Justice and Duty to his Crown, and as may not render Him less able to protect His Subjects according to his Oath, will satisfy them; He is confident in the mercy of God, that no more precious blood of this Nation will be thus miserably spent. My Lord and Gentlemen, Whereas by your former Instructions, you are tied up to a circumstance of time, and are not to proceed unto the Treaty upon the Propositions, until 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 days after the day of the receipt hereof, notwithstanding that the Cessation be not yet agreed upon. Your Lordship's 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 Commons 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 days after the day of the receipt of this Message; notwithstanding that the Cessation is not yet agree upon. Resolved, etc. 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 Majesty's Message this day received; And likewise prepare Reasons to be sent to the Committee, for them to press in the Treaty and Debate upon the former Articles of Cessation; And to show His Majesty the grounds why the Houses cannot departed 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; We Your Loyal Subjects the Lords and Commons in Parliament, having received a Message from Your Majesty; In which you are pleased to express Yourself 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 Majesty's willingness to Treat upon the Propositions themselves, even without a Cessation; Do with all humbleness 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 days after the day of the receipt of this Message, notwithstanding that the Cessation be not yet agreed upon; That (as much as in us lies) there may be no delay in the proceed, 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 ourselves it will be most effectual to the safety of the Kingdom; and that Peace, which with so much zeal and loyal affection to your Royal person, and in a deep sense of the bleeding condition of this poor Kingdom, we humbly beg of your Majesty's justice and goodness. 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 additional Instructions from both Houses, and a Vote, which I send you here enclosed. My Lord, this is all I have in command, as Your Lordship's most humble servant, Manchester, Speaker of the House of Peers, pro tempore. Mar. 27. Die Lun●…, 27. Martii, 1643. Resolved upon the Question by the Lords in Parliament; THat the E. of Northumberland their Committee at Oxford, is thereby 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 Seal, William Pierpoint Esq Sir William Armine Baronet, Sir John Holland Baronet, and Bulstrode Whitlock Esq Committees attending His Majesty upon the Cessation and Treaty. YOu shall alter the words mentioned in his Majesty's third Article in this manner, leaving out the words (The Army raised by the Parliament) and putting in these words (The Army raised by both House's of Parliament.) You shall humbly present to his Majesty the Reasons herewithal sent from both Houses, for their not assenting to those alterations and additions to the Articles of Cessation offered by his Majesty. You shall press the force of those Reasons, or any other, as there shall be occasion, in the best manner you may, to procure his Majesty's a●s●… to those Articles of Cessation, which if you shall obtain within two days after the day of the receipt hereon, you shall in the name of both houses of Parliament agree and conclude upon the Cessation, to continue to the end of twenty days, 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 several Generals, Commanders, and Soldiers 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 manner, 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 days, 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 KING'S most Excellent MAJESTY. The Lords and Commons in Parliament Assembled, Do with all humble thankfulness acknowledge Your Majesty's favour in the speedy admission of their Committee to Your Royal Presence, and the expedition of Your Exceptions to their Articles, that so they might more speedily endeavour to give Your Majesty satisfaction; And although they were ready to agree to the Articles of Cessation, in such manner as they expressed in their Preface, they cannot agree to the alteration and addition offered by Your Majesty, without great prejudice to the Cause, and danger to the Kingdom; whose cause it is: The reasons whereof, will clearly appear in the answer to the particulars pressed by Your Majesty. 1. THey do deny that they have restrained any Trade, but to some few of those places where Your Majesty's 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 keep Arms, Ammunition, money, and Bullion from passing into Your Majesty's 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 days for so few places, the mischiefs and inconveniences to the whole Kingdom would be far greater, than any advantage which that small number of Your Subjects (whom it concerns) can have by it. The case than is much otherwise than is expressed by Your Majesty's 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 people's good, doth therein desire that which will be very little beneficial to the Subjects, but exceeding advantageous 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 Majesty's Army; And as Your Majesty's 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 useful 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 advantageous 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 soldiers have not rob the Carriers in several parts where there hath been no such reason, And Your ships taken many ships, to the great damage 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 embark the merchant's goods in foreign parts, which hath been in some measure executed upon the East-land merchants in Denmark, and is a course which will much diminish the wealth of the Kingdom, violate the law of Nations, make other Prince's 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 quarrels and dissensions 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 foreign forces, which they have great cause to believe have been solicited 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 express direction, is neither safe for the Committee to undertake, nor fit for the two Houses to grant; yet to debate and to press the reason of their desires, whereby an agreement from Your Majesty may be 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 blood; yet to satisfy 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 laid, not only of a suspension, but a total 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 Process 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 Soldiers 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 be yielded in Your Majesty's sense, they shall be disabled to restrain supplies from 〈◊〉 enemies, and to govern or maintain their own Soldiers; 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 intent that if any be taken with supplies for this Army, or ●…tining in Your own, that such persons shall not be committed, but according to the known Laws of the Land, that is, by Process of Law; Put rather that your Majesty will so interpret this limitation of known Laws, that although it lays strait ●o●… upon the two Houses, yet it leaves Your Generals as much liberty as before; for it hath been denied by your Majesty, that these known Laws give any power to the two Houses of Parliament to raise Arms, and so consequently their General cannot exercise any marshal law in those cases, and it is not unlike but that it will be a●…ed. That the Generals constituted by your Majesty's Commission, have that power by the same known Laws; So that this Article under the specious show of liberty and Law, would altogether disable them to defend their liberties and Laws, 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 War in this unhappy breach between your Majesty and them, and that they are therein warranted both by the Laws of God, and man, it must needs follow, that by the same Law they are enabled to raise means to support that War; And therefore till it shall please God to incline 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 join with them in that defence, and the necessary ways of levying those taxes upon them, in case of refusal, for otherwise their Army must needs be dissolved. But if your Majesty shall consent to disband the Armies, the cause of the War being taken away, the consequences will likewise be removed, and the Subject restored to the benefit of those Laws 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 professed 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 freedom of passage and communication of quarters, which is contrary to the nature of a Cessations whereby matters should be preserved in the state they are, and neither party have liberty so much to advantage himself, as it is evident your Majesty might do, if Your Forces in the North and West might join with those at OXFORD, and bring those supplies of treasure or Arms 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 easy passage from one to the other; but your Majesty's 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 bereft themselves of one of the greatest advantages, and freed Your Majesty's party of one of the greatest inconveniencies, which your Majesty, or they have in this War. For the Reasons already alleged, They cannot agree to the alterations and enlargements of the Cessation propounded, or to transfer 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 be 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 Towns, 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 be facilitated without fear of interruption, by the confusion of War, 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 Majesty's Honour, and the trust reposed in You, and is necessary for Your Majesty's good Subjects, that they may enjoy the true Religion, and their Liberties, and Privileges, and that they may freely and in a Parliamentary way concur with Your Majesty in those things which may conduce to the glory of God, the safety and happiness of Your Majesty, and Your Posterity and people, and preventing the like miserable effusion of English blood 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. Elsing Cler. Parl. D. Com. Additionall Instructions concerning the Cessation, March 29. IN case we shall obtain Your Majesty's assent to the Articles of Cessation, as they were last presented to Your Majesty, within two days 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 assoon as may be, when the same shall first begin 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 several Generals, Commanders, and Soldiers 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 King's question concernning removal of quarters, March 31, 1643. Whether by denying the Communication of quarters, you intent 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 removal of quarters, Mar. 31. 1643. IN answer to Your Majesty's question upon the third Article of the Cessation; We humbly conceive, That it is not intended to restrain the quarters of their Army respectively from each other, So as they come not nearer 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 nearer the quarters of the other army, than they shall be upon the day agreed on for the cessation to begin. John Holland. B. Whitelocke. Northumberland. Will. Pierrepoint. Will. Armyne. The King's 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 Majesty's 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 nearer to any quarters of any of the contrary Armies, than some of His Majesty's Forces shall quarter upon the day agreed upon for the Cessation to begin. Falkland. The Committees answer concerning the Cessation, March 31. 1643. WE humbly conceive, That by our Instructions we are not enabled to give any resolution upon Your Majesty's 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 Earl 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 Lordship's most humble servant, MANCHESTER, Speaker of the House pro tempore. Votes of both Houses for four days 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 etc. THat the time prescribed for the Treaty upon the two first Propositions, shall be until Friday next. Resolved. etc. That Friday in this last question shall be taken inclusive. Jo: Brown Clex. Parliamentorum. His Majesty's 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 He hath been (during the four days allowed to them) to expedite the Treaty itself, by the free and diligent disquisition of the particulars comprised 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 days (a time limited with much strictness in a business 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 be considered in concluding the same, though the two days are expired. And if His Majesty enlarges Himself in His Replies more than may seem necessary to the Propositions and differences in debate, It must be remembered 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 hearty have wished might upon this occasion have been forborn. 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 terms 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 public benefit and advantage. But why all other liberty of traffic and Commerce should not be granted to His good Subjects, He cannot understand; for that His Majesty's army 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 Majesty's army is, and indeed the whole trade of the Kingdom interrupted) 'tis as great a support (if not a greater) to the contrary army, to maintain and keep up the trade of London, from whence that receives its supply and relief, as to his Majesty's army to continue the trade of Oxford, or any other place where Forces reside, and to stop and seize the cloth, Ker●…ies, and other Western commodities (which his Majesty can daily do from Reading) would be as great disturbance to the Trade of London, as the seizing of any commodities (which may be done by the E. of Essex from Windsor or Wickham) can be to the Trade of Oxford; And therefore his Majesty hath great reason to press, that mutual and universal 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 public 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 denied, but this Freedom is so very beneficial to his subject, and so wholly considerable to his Majesty under that Notion, that their very subsistence 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 settled Peace. His Majesty believes that some Carriers have been rob by his Majesty's soldiers, But 'tis 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 'tis therefore his desire that both Houses would join 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 embarking the Merchant's Goods in foreign parts, his Majesty denies that any endeavour hath yet been made by his Ministers of State to that purpose. But 'tis 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 always hath and will allow to his good subjects. And this is not to make other Prince's Arbiters of the differences betwixt his Majesty and his people, but to use the mutual amity and correspondence with other Princes, for the maintenance and support of that dignity for which it is made and entered into. 2. His Majesty did not demand the approving of the Commanders of ships only, with reference to his present Right, for than 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 Majesty's Dominions, and which cannot conveniently suffer any alteration in Commanders, if the Cessation and Peace should be fully & speedily agreed upon. And therefore 'tis most necessary for his Majesty, to know both the Designs, 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 Majesty and his Subjects, should leave the Kingdom naked to foreign Forces (a continuance of War may well do it:) And his Majesty is willing to concur in the resistance of all such, of what kind 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 Majesty's opinion, how unfit it was to Treat in Blood, sufficiently appears, this debate concerning a Cessation arising first from his Majesty's 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 less time have been agreed here, if there had been that liberty, so there can hardly be a right and clear 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 clear, 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 'tis 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 employed by them, uninteressed in, and unacquainted with the directions of either, or both Houses. 4. It was no part of his Majesty's 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 enabling some persons to conclude upon these Articles, without which (through inanimadvertence or doubtfulness in the expressions (they who are nearest of a mind, 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 itself, and whoever is averse to the one, can hardly be thought inclinable to the other. But such of his subjects as are not concerned in the discipline of the army, are not concerned 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 merely 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 implicit Faith of his seduced subjects gins to wear out so fast, that the authority of Declaring new, unknown Fundamental 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 ruin of their Religion, Laws and Liberties, so persuade 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 less necessary to be paid by those who have equal right to judge of the necessity and danger, and for whose sakes, interests and concernments only it was pretended to be raised, and who are defended by it against their wills; Nor is it strange that his 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 Majesty's condition the last year (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 find, 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 their 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 unlawful for Him to do any thing, and lawful 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 Logic, 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, fearful, and quicksighted 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 legal power to be so vastly enlarged; His Majesty therefore hath great reason to insist, that no Violence or Plundering be offered to his subjects for not submitting to the illegal Taxes of one or both Houses, which in itself is equal; His Majesty being willing to be obliged 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 mind, 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 liberty in this decision. His Majesty's real 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 Majesty's Articles, in the manner as was expressed, would not have expected to have found after that expression, that they had agreed at least to some one thing material in them, and had not only meant by agreeing as was expressed, to express 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 therefore only yielded, 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 doubtful, were by that interpreted and cleared. And his Majesty is sufficiently informed how highly it concerns him, that every thing be so clear, that after no differences may arise upon any disputable point, since they whose union, industry, subtlety and malice could persuade any of his people, that in the business 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 Majesty's charge, if the ground of that breach would bear 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 find any strong passes or forces to hinder his armies from joining with him, then hinders theirs from joining with them. If the forces be unequal, theirs will hardly hinder the passage of his without a cessation; if they be equal, their coming in time of cessation, will be of equal use and advantage to their side, somewhat in point of supplies to come with them excepted; & some advantage to one side will be, poise 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 Earl 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 yielded 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 show his extraordinary and abundant desire of Peace, and to prevent the effusion of blood, is contented, if both Houses shall refuse to consent to his Propositions, which are so much for the benefit and advancement of the public 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 real meaning and intention. And that the remove of quarters within their own bounds, which is intended, may be so expressed and understood, that no mistakes may arise,) So that his Majesty may not be understood to consent to any imposing upon, levying, distraining, or imprisoning his good Subjects to force them to contribute, or assist against him (which he shall always continue to inhibit, Requiring all men to resist those illegal 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 Soldiers of that Army, for not submitting to such illegal impositions as aforesaid; For otherwise, they may during this Cessation (besides what is already imposed) impose new Taxes, not only 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 employed as Collectors aswell of the old impositions, (which in most places without their army they cannot levy) 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 MAJESTY; Who can neither obtain His own Consent to take the like courses, Nor in case He could, is He so quartered, as to have within the power of his army, without breach of the cessation by drawing nearer to their forces, any such City, 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 itself, and for his people, than such a limitation; so nothing can be more unequal to His Majesty, or more advantageous to them, than the admission of, or connivance to any such practices upon His people. This cessation to begin on the 9 of April, and to continue to the end of 20. days, 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 yielded to things manifestly unreasonable and prejudicial to His Army) the Treaty be not dispatched, His Majesty cannot without manifest ruin 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 been, and now is, and which will hardly be able to hold out so long, but must be forced to remove, as He shall find agreeable for His occasions. And in case any delay be made in consenting to these His Majesty's 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 itself 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 days longer to Treat, April 4. 1643. WE 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 until Friday night. Northumberland. John Holland. B. Whitelocke. Will. Pierrepoint. Will. Armyne. A Letter from both Houses, Received April 8. 1643. WE are commanded to send these enclosed 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 Majesty's Answer to their reasons concerning the Cessation, wherein there are divers expressions which reflect much upon the honour 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 bend 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 Majesty's expressions so doubtful, that is cannot be suddenly or easily resolved; and the remainder of the time for the whole treaty being but seven days, if the Cessation were presently agreed, it would not yield any considerable advantage to the kingdom. Wherefore 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 perpetual blessing to them, by freeing the Kingdom from those miserable effects of War, the effusion of English blood, and desolation of many parts of the Land. For the obtaining of which happiness, 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 days 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 Majesty's 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 bend 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 Majesty's expressions so doubtful, that it cannot be suddenly or easily resolved, and the remainder of the time for the whole treaty, being but 7 days, if the cessation were not presently agreed, it would not yield 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 perpetual blessing to them, by freeing the Kingdom from those miserable effects of War, the effusion of English blood, and desolation of many parts of the land. Northumberland. 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 Committee according to his Majesty's desire had had but power to agree in the wording of expressions in the Articles of cessation, His Majesties (which are as clear as the matter would bear, and as he could make them) had not appeared so doubtful to any, but that the cessation might have been 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 show of sharpness, no expression of that kind in his Majesty's 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 moved for a Cessation and treaty without any limitation at all in the time of either, and his Majesty was most ready to have enlarged the time (so that in the mean while the point of quarters might be so settled, as that his Armies might subsist) and which might have been (if they had pleased) a very good and promising earnest, and forerunner of that great blessing of Peace; for the obtaining of which, the wishes and endeavours of all good men being earnestly bend, a farther debate in order to so great a benefit, did not deserve to be styled a consumption of time. And his Majesty cannot but conceive himself to be in a strange condition, if the doubtfulness of expressions (which must always be whilst the treaty is at such a distance, and power is denied to those upon the place to help to clear and explain) or his necessary Replying to charges laid upon him (that he might not seem to acknowledge what was so charged) or the limitation of the time of seven days for the treaty (which was not limited by his Majesty, who ever desired to have avoided that and other limitations which have given great interruptions to it) should be as well believed to be the grounds, as they are made the arguments of the Rejection of that, which (next to Peace itself) his Majesty above all things most desires to see agreed and settled, and which his Majesty hopes (if it may be 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 several conditions in war and Peace, and what should move them to suffer so much by a change, they will not think those their friends that shall force them to it, or be themselves ready to contribute to the renewing of their former miseries, without some greater evidence of necessity than can appear 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 Honour and care of his people He is obliged 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 therefore cannot but press again and again, that, what ever is thought doubtful 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 blood, and desolation of England (until they can be totally taken away) may by this means be stayed 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 press 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, until they had been enabled to treat upon the other; In which point, and for want of which power from them, the only stop now remains: His Majesty's Answers to both parts of their first Proposition, being given in, transmitted, and yet remaining unanswered. To which, until 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 several orders. A Letter from both Houses, April 8. WE have sent unto you by this Gentleman Sir Peter Killegrewe some additional 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 remain, Westminster this 8 of April, 1643. Your Lordship's 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 Earl of Northumberland, William Lord Viscount Say and Seal, William Pierrepoint, Esq Sir William Armyne, and Sir John Holland Baronet's, 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 Majesty's Answer to that Clause of the first Proposition which concerns the Magazines. Wherefore you are to desire his Majesty to make a further Answer in such manner as is expressed 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 days formerly limited. Cinque-Ports, Towns, Forts, and Castles. THey likewise remain unsatisfied with his Majesty's Answer concerning the Cinque-Ports, Towns, Forts, and Castles, being in the most material points an express denial: Wherefore you are to insist upon their desire for another answer according to your Instructions. Ships. THey observe in his Majesty's Answer concerning the Ships, not only a denial to all the desires of both Houses; But likewise a Censure upon their proceed. 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 denial, unless they desert all those cautions and limitations which they have desired in their answer to his Majesty's first Proposition. Wherefore you are to proceed, Insisting upon that part of their first Proposition concerning the disbanding, according to your Instructions. KING'S Return to the Parliament. YOu shall declare to his Majesty the desire of both Houses of his Majesty's coming to his Parliament, which they have often expressed with as full ofters of security to his Royal Person, as was agreeable to their duty and Allegiance; And they know no cause why his Majesty may not repair hither with honour and safety, but they did not insert it into your instructions, because they conceived the disbanding of the Armies would have facilitated his Majesty's resolution therein, which they likewise conceived was agreeable to his Majesty's 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 coming 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 jealousy, which have been given them in these troublesome times; And that his Majesty's Answer lays some tax 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 Majesty's positive Answer to the humble desire of both Houses in these two first Propositions, according as they are expressed in your Instructions, before the twenty days limited 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 show to the whole World how earnestly His Majesty longs for peace, and that no success shall make him desire the continuance of his Army to any other end, or for any longer time than that, and until things may be so settled, 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 own Revenue, Magazines, Ships, and Forts, in which he desires nothing but that the just, known legal 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, unless any just and legal exceptions against any of the persons trusted by Him (which are yet unknown to His Majesty) can be made appear 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 birthrights, and the free election of those that sent them, and having been voted from them for adhering to His Majesty 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 privileges, and the high dishonour of Parliaments have formerly assembled about both Houses, and awed the Members of the same, and occasioned two several complaints from the Lords house, and two several desires of that house to the house of Commons to join in a Declaration against them, the complying with which desire might have prevented all these miserable distractions, which have ensued. Which security his Majesty conceives can be only settled by adiourning the Parliament to some other place, at the least twenty miles from London, the choice of which his Majesty leaves to both houses. His Majesty will most cheerfully 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 seditious preaching and printing against his Majesty, and the established Laws, which hath been one of the chief causes of the present distractions, and such care will be taken concerning the legal and known Rights of his Majesty and the property and liberty of his Subjects, that whatsoever hath been published or done in or by colour of any illegal Declaration, Ordinance, or Order of one or both Houses, or any Committee of either of them, and particularly the power to raise Arms without His Majesty's 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 disturb the peace of the Kingdom, and to endanger the very being of it. And in such a convention his Majesty is resolved by his readiness to consent to whatsoever shall be proposed to him by Bill, for the real 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 practices of Papists against the State, and the due execution of the Laws, and true levying of the penalties against them) to make known to all the World how causeless those fears and jealousies have been, which have been raised against him, and by that so distracted this miserable Kingdom. And if this offer of His Majesty be not consented to (in which he asks nothing for which there is not apparent justice on His side, and in which He defers many things highly concerning both Himself 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 appear to all the World, not only 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 poor Kingdom (which is too likely to ensue) will not by the most interressed, passionate or prejudicated person be imputed to His Majesty. His MAJESTY'S Questions before the Treaty, and the Committees Answers, March 25, 1643. His MAJESTY desires to be answered these Questions, in writing, by the Committee of both Houses. 1. WHether they may not show unto Him those Instructions (according 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 pass from one Proposition to the other, in the debate, before His Majesty have expressed His mind concerning the Proposition first entered into? 3. Whether they have power to give an entire Answer to His Majesty's first Proposition, before His Majesty's Reply to any part thereof, or to pass from any part of that Proposition to another part of the same, before his Majesty hath given a Reply concerning that part? 4. Whether in case His Majesty's Answer or Reply to any part of either Proposition do not satisfy 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 press 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 Majesty. March 25. 1643. To the first. THey are enjoined not to show or discover their Instructions, or to give any Copy of them. To the second. Concerning His Majesty's first Proposition, and the first Proposition of both Houses of Parliament, they humbly conceive they may pass 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 Majesty's 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 Majesty's Answer or Reply to any part of either Proposition, wherein they are not satisfied, they are to send that His Majesty's Answer, or Reply to both Houses, and in the mean 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 press 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 repair to HIS MAJESTY. March 27. 1643. WHereas we humbly presented to Your Majesty severll Answers to Your Majesty's demands in your first Proposition, and in reply to those answers, we have received several Papers from Your Majesty. Our humble desires are that Your Majesty would be pleased to give us leave to repair 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. john Holland. B. Whitlocke. Will. Pierrepoint. Will. Armyne. March 28. 1643. HIs Majesty is well pleased, that the Committee of both Houses repair unto him for their further satisfaction upon any doubts which shall 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 Majesty's 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 employed in the maintenance of Your Majesty's Children, according to the allowance established by Yourself: And the two Houses of Parliament will satisfy what shall remain due to Your Majesty of those sums received out of Your Majesties own 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 Majesty's use, upon any of the Bills assigned to other purposes, by several Acts of Parliament, or out of the provision made for the war of Ireland. Northumberland. Will. Pierrepoint. joh. Holland. Will. Armine. B. Whitelocke. March 26. 1643. HIs Majesty knows not what Proportion of his Revenue hath been made use of by his two houses of Parliament, but He hath reason to believe that if much of it hath not been used, very much remains 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 Clerks) for the Provision of his Majesty's household, that very little hath come to his Majesty's use for his own support. He is well contented to allow whatsoever hath been employed in the maintenance of his Children and to receive the Arrears due to himself, and to be sure of his own for the future. He is likewise willing to restore all Moneys taken for is Majesty's use by any Authority from him, upon any Bills 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 several 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 employed for the discharge of the debts of this Kingdom, and by other Acta of Parliament for the relief of his poor Protestant Subjects of Ireland. FAUKLAND. March 27. 1643. HIs Majesty desire to be resolved by the Committee from both Houses, whether their Proposition to His Majesty to restore what hath been taken for His Majesty's use upon any of the Bills, etc. be a new demand, or a condition upon which only that is granted which goes before? Falkland. March 27. 1643. WHereas your Majesty desired to be resolved by us, whether the Proposition to Your Majesty to restore what hath been taken for Your Majesty upon any of the Bills, etc. be a new demand, or a Condition upon which only that is granted which goes before. We humbly conceive it to be no new demand, but whether it be such a Condition upon which only 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 Majesty's Answer of the 26. of this instant to ours of the same date, concerning Your Majesties own Revenue. WE humbly desire to know of Your Majesty if You will not account Your own Revenue to the sure for the future, if both Houses of Parliament do 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 Majesty did intent 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 Majesty's 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 Majesty's 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 Majesty's first Proposition concerning Your Magazines we humbly give this Answer. THat all the Arms and Ammunition, taken out of your Majesty Magazines, which shall remain 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 kind, according to the Proportions which they have received. We likewise humbly propose unto your Majesty, that the persons to whose charge public Magazines shall be committed, being nominated by Your Majesty, may be such as the two Houses of Parliament shall confide in. And that Your Majesty will restore all such Arms and Ammunition as have been taken for Your Majesty's 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 Arms and Ammunition taken out of his Magazines, which do now remain in the hands of both houses, or of Persons employed by them, be forthwith delivered into such of his Stores as his Majesty 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 kind. 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 Majesty will by no means defend them from the Justice of the Law. For the restoring all such Arms and Ammunition as have been taken for this Majesty's use from the several Counties, Cities, and Towns, his Masjestie being compelled to take them; his own being taken from him, did it always 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 recompense out of his own Stores, as soon as it should be in this power; which promise he will make good to them, expecting that such Arms and Ammunition as have been taken from the several Counties, Cities and Towns, for the use of the Armies under the command of the Earl of Essex, be likewise restored to them. Falkland. March 28. 1643. Whereas we have received Your Majesty's answer of the 27. of this month, to ours of the 26. of this instant, concerning Your Majesty's Magazines. WE humbly desire to know of your Majesty what time you intent 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 sworn Officers your Majesty 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 Majesty 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 Majesty is content that the Arms and Ammunition, taken out of his Majesty's 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 public Magazines should be committed, being nominated by your Majesty, 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 clear and sufficient, and shall forbear 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 do not think fit to enlarge the time of the Treaty beyond the twenty days, 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 Kingdom. Northumberland. Will, Pierrepoint, joh. Holland. Will. Armyne. B. Whitelocke. April 14. 1643. HIs Majesty having made several Answers to that Clause of the first Proposition; which concerns the Magazines, knows not what Answer to make further, except he were informed what part of the Propositions made to him was not clearly 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 less time would have served for the Treaty) and are so absolutely resolved not to enlarge the time of the Treaty beyond the twenty days which (by Messages and attending the Instructions of the house) are so near spent, notwithstanding all possible readiness in his Majesty, and which in truth might have ended all the Propositions, if sufficient authority had been given to the persons employed to debate and conclude: neither can His Majesty understand why an Alteration or Enlargement, in the point of time, cannot be admitted without manifold prejudice and danger to the whole Kingdom. He prays to God, that an Averseness to such an alteration and enlargement may not prove an unspeakable prejudice and danger to the whole Kingdom. Falkland. The Papers concerning the Towns, Forts, Cinque-Ports, etc. March 27. 1643. To that part of Your Majesty's first Proposition, which concerns Your Majesty's Towns, 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 slight all Fortifications made since that time, and those Towns 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 Towns 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 Town 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 Towns as were formerly kept by Garrisons, as have been 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 year 1636. And shall 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 your Majesty, as the two houses of Parliament shall confide in. That the Warden of the Cinque-Ports and all Governors and Commanders of Towns, Castles, and Forts, shall keep the same Towns, Castles, and Forts respectively for the service of your Majesty, and the safety of the Kingdom; and that they shall not admit into any of them any foreign Forces, or any other Forces raised without Your Majesty's authority, and consent of the two Houses of Parliament; and they shall use their utmost endeavours to suppress all Forces whatsoever, raised without such authority and consent; and they shall seize all Arms 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 Towns, Castles, and Forts, where any Garrisons have been placed by Your Majesty since these troubles, and that the Fortifications be likewise slighted, and the Towns and Forts left in such State and condition as they were in, in the year 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 shall 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. joh. Holland. Will. Armyne. B. Whitelocke. March 28. 1643. HIs Majesty is content that all the Garrisons in any Towns and Forts in the hands of any Persons employed 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 slighted, and those Towns 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 knows no just exceptions, and who hath such a legal interest therein, that his Majesty cannot with Justice remove him from it, until some sufficient Cause be made appear to him; but is willing if he 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 Towns, 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 several persons, against any of whom his Majesty knows not any exceptions, and who shall be removed if just cause shall be given for the same. The Warden of the Cinqueports, and all Governor's end Commanders of Towns, Castles, and Forts, shall keep the same Towns, Castles, and Forts, as by the Law they ought to do, for his Majesty's service, and the safety of the Kingdom and they shall not admit into any of them foreign Forces, or other Forces raised or brought in contrary to the Law, but shall use their utmost endeavour to suppress all such Forces, and shall seize all Arms and Ammunition, which by the Laws 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 slighted, and the Town and Forts left in such state and condition as they were in the year, 1636. All other Towns, Forts, and Castles, where there have been formerly Garrisons before these troubles,shell be committed to the charge of such Persons, and under such cautions and limitations as his Majesty hath before expressed. And now new Garrisons shall be renewed, nor their Fortifications repaired, otherwise then as by the Laws and Statutes of the Kingdom, they may or aught to be. Falkland, March 29. 1643. COncerning the appointing of the Warden of the Cinque-ports, and Governors of Your Majesty's Towns, Castles, and Forts, we humbly desire to know if Your Majesty's Reply doth intent, that both houses of Parliament may express 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 certify both houses of Parliament, that thereupon they may express their confidence, in those persons or humbly beseech your Majesty to name others; none of which persons to be removed during three year's next ensuing, without just cause to be approved by both houses of Parliament, and if any be so removed, or shall die 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 year 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 foreign or other forces, Raised without Your Majesty's authority and consent of the two houses of Parliament, and that the shall use their utmost endeavours to suppress 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. W. Armine. William. Pierrepont. April. 5. 1643. HIs Majesty doth not intent that both Houses of Parliament shall express their Confidence of the Persons to whose trust the Cinqueports, or other His Majesty's Towns, Castles and Forts now are, or shall be committed, but only 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 public Justice. And well knowing that when any of those places shall be void, the Nomination and free election is a right belonging to, and inherent in His Majesty. And having been enjoyed by all his royal progenitors, His Majesty will not believe that His well-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 year, 1641. Except he finds good cause to enlarge or diminish that porportion. His Majesty cannot give a more full Answer to that Clause concerning the admission or Forces into any of his Forts, Castles and Towns, than he hath already given, his Majesty having therein made the Laws and Statutes of the Kingdom the rule of what is, or what is not to be done, Which will be always the most impartial 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, Towns, Forts, and Castles, Your Majesty's former answers concerning them being, in the most material points, express denials, as both houses of Parliament understand them. Northumberland. I. Holland. W. Armyne. W. Pierrepont. B. Whitelock. 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 been and his still so unwilling to give a denial 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, than what he hath already given in the point of the Cinque-ports, Forts, and Castles; but till such be given, he cannot consent to dispossess any of his servants of what they are legally possessed, without a just Cause expressed, or to quit his own 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 than 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 Majesty's service, and the safety of the Kingdom, that no foreign forces, or other forces, raised without Your Majesty's 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 suppress all Forces raised without such authority and consent, and to seize all Arms and Ammunition provided for any such Forces. Unto which we humbly desire Your Majesty's gracious assent, and to our other desires concerning Your Majesty's first proposition, and the first proposition of both houses of Parliament, for that we humbly conceive Your consent thereunto will be the best means for such a peace to be made, as will be safe, firm, 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 fear, 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, Towns, and Castles for the defence of the whole Kidgdome against foreign Enemies, that then the same may remain in the hands of such persons, with such powers, as both parts might believe themselves secure; for if the same places were considered in relation only to these unnatural distempers, and to the settling thereof, the Forces in them were likewise to be disbanded. Northumerland. I. Holland. W. Pierrepont. W. Armine. B. Whitelock. April 15. 1643. AS his Majesty was and is very desirous to receive any Reason from both Houses, or their Committee, which might induce his Majesty to give other Answers, if what he hath or shall give, do not satisfy, so he rather expected those reasons should have had their foundation in the Law of the land, and have showed him that by Law he had not the Right be pretended, or that by that, or by some fundamental Law, they had a Right superior to his in what was now in question, or have showed him some Legal reason why the persons trusted by him were incapable of that trust, then only have insisted upon Fears and Jealousies, of which as he knows not the ground, so he is ignorant of the Cure. But this his Majesty knows, that if readiness to acknowledge, retract and provide against for the future any thing of error that had happened against Law, and having actually passed more important Bills, and parted with more of his known Rights for the satisfaction of his Subjects, than not only any one but all his Predecessors, would have been thought a sufficient remedy for Fears and Jealousies, the Kingdom might still have enjoyed a safe, firm, 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 persuade him to part with them. And his Majesty 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 Regal power (since Power as well as Forces may be the object of Fears and Jealousies, and there will be always a power left to hurt, whilst there is any left to protect and defend;) And that if those Rights which he received from his Predecessors were really so formidable, That would have been 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 Majesty (if he had as much inclination, as he hath more right, to Fears and Jealousies) might have more reason to insist upon some addition of Power, as a security to enable him to keep his Forts, when he hath them, than they to make any diffcultie to restore them to him in the same condition they were before. But as his Majesty contents himself with, so, he takes God to witness, his greatest desire is always to observe and maintain the Law of the Land, and expects the same from his Subjects, and believes the mutual observance of that rule, and neither of them to fear 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 perpetual Peace, then for his Majesty to divest himself of those trusts which the Law of the Land hath settled in the Crown 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 Majesty's 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 Majesty shall nominate to be Lord high Admiral of England, and the two houses of Parliament confide in, who shall receive the same Office by Letters Patents, quàm diu se bene gesserit, and shall have power to nominate and appoint all subordinate Commanders and Officers, and have a●l other powers appertaining to the Office of high Admiral, which Ships he shall employ for the defence of the Kingdom against all foreign 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 suppress all Forces which shall be raised by any person without your Majesty's authority, and consent of the Lords and Commons in Parliament, and shall seize all Arms and Ammunition provided for supply of any such Forces. Northumberland. W. Pierrepont. J. Holland. W. Armyne. B. Whitelocke. March 28. 1643. HIs Majesty expects that his own Ships be forthwith delivered to him, as by the Law they ought to be. And when he shall please to nominate a Lord high Admiral of England. it shall be such a noble person against whom no just exception can be made, and if any shall be, his Majesty will always leave him to his due trial and examination, and grant his Office to him by such Letters Patents as have been used; in the mean time his Majesty will govern the said Admiralty by Commission as in all times hath been accustomed. And what ever Ships shall be set forth by his Majesty, or his authority, shall be employed for the Defence of the Kingdom against all Foreign Forces whatsoever, for the safeguard 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 suppress all Forces which shall be raised by any Person whatsoever, against the Laws and Satutes of the Kingdom, and to seize all Arms and Ammunition provided for the supply of any such Forces. Falkland. March 29. 1643. WE humbly desire your Majesty 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 Admiral 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 suppress all Forces which shall be raised by any person without your Majesty's Authority, and consent of the Lords and Commons in Parliament. Whereunto if your Majesty shall be pleased to give your assent, we conceive we are then directed by our Instructions, humbly to desire your Majesty to nominate such a noble Person to be Lord high Admiral of England, that we may forthwith certify both houses of Parliament, that thereupon they may express their confidence in that Person, or humbly beseech your Majesty to name another, and that in case such noble Person, who shall be appointed to be Lord High Admiral of England shall be removed, or shall die within the space of three years 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. john Holland. B. Whitelocke. April. 5. 1643. HIs Majesty conceives his former Answer of the 28. of March, concerning his Ships, to be so full, that he can add nothing thereunto in any part of it. His Majesty 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 pressed to diminish his own just Rights himself, 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 do observe in your Majesty's Answer, not only a denial to all their desires, but likewise a censure upon their proceed. Northumberland. W. Pierrepont. W. Armyne. I. Holland. B. Whitelocke. Apil. 14. 1643. HIs Majesty 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 month: But his Majesty will howsoever, before their departure hence, give them a further Answer. Falkland. April. 15. 1643. HIs Majesty gave so clear a reason to justify what he insisted upon in the point of the Ships, that he cannot but wonder to see the same again pressed to him, and yet both the reason he gave, left unanswered, and no other Reason opposed to weigh against it. His Majesty's end in this, was not to lay any censure upon their proceed, but it being necessary to the matter in Question, for his Majesty to say what had been done, and the matter of fact being such, as it seems could not be repeated, but it must appear to be censured; his Majesty did not think himself bound to be so tender of seeming to censure their proceed, as by waving his own true reasonable Justifications, to leave his own naked and exposed to a general censure. And his Majesty 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 took them, or free themselves from so just and unconfutable a censure, by a speedy and unlimited restoration. Upon which demand, his Majesty's care of his ancient and undoubted Rights, doth oblige him to insist. And when his Majesty shall think fit to make an Admiral, as near as he can, he shall be such an one, against whom no just exception can be made, and if any shall be offered, he will readily leave him to the trial of the Law. Falkland. The Papers concerning an Oath for Officers. March 29. 1643. WE are humbly to desire your Majesty, that all Generals and Commanders in any of the Armies on either side, as likewise the Lord Admiral of England, the Lord Warden of the Cinque-Ports, all Commanders of any Ships, and Commanders of any Town, 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 Kingdom, against all foreign Forces and all other Forces raised without your Majesty's 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 Oaths which all those Officers are already by Law obliged to take, to be very fully sufficient: But if any thing shall be made appear unto him necessary to be added thereunto, when there shall be a full and peaceable Convocation in Parliament, his Majesty 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 inform your Majesty, that both houses of Parliament conceive the ordinary Oaths of the Officers, mentioned in your Answer concerning the same, are not sufficient to secure them against the extraordinary Causes of jealousy, which have been given them in these troublesome times. And that your Majesty's Answer lays some tax upon the Parliament, as if defective, and thereby uncapable of making such a provisional 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 Majesty concerning this matter. Northumberland. john Holland. W. Armine. W. Pierrepont. B. Whitelocke. April. 14. 1643. HIs Majesty did not refuse by his former Answer, to consent to any such Oath as shall be thought necessary, though he did, and doth still conceive the Oaths already settled by Law to be sufficient, neither did he ever suppose the Parliament incapable of making a provisional Law for such an Oath; but as he would be willing to apply any proper remedy to the extraordinary Causes of Jealousies, if he could see that there were such causes, so he will be always most exact in observing the Articles agreed on in preserving the true reformed Protestant Religion, and the peace of the Kingdom against foreign Forces, and other Forces raised or employed against Law. And when both houses shall prepare and present sent such an oath, as they shall make appear 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 Majesty's 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 do) 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 than to be with his two houses, so he will repair thither as soon as he can possibly do it with his honour and safety. Falkland. March 29. 1643. WE are directed by our Instructions humbly to desire your Majesty's 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 Majesty in the name of both houses, that a near day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkshire, and the other Northern Counties, as also in Lancashire, Cheshire, and in the Dominion of Wales, and in Cornwall 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 thereunto 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 repair to the several Armies, and see the disbanding put in speedy execution accordingly. Northumberland. W. Pierrepont. W. Armyne. I. Holland. B. Whitlocke. March 29. 1642. Concerning Your Majesty's Answer to the Proposition of both Houses for disbanding of the Armies. WE humbly desire to know, if by the words (By a happy and speedy Conclusion of the present Treaty,) your Majesty do intent a conclusion of the Treaty on your Majesty's 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 Majesty's 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 clear evidence to himself and his good Subjects of a future peace, and no ground left for the continuance or growth of these bloody dissensions; which, he doubts not may be obtained, if both houses shall consent, that the Treaty may proceed without further interruption or limitation of days. FALKLAND. April 5. 1643. WHen the time for disbanding the Armies shall 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 repair to the several 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 Majesty's 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 clear evidence to yourself, and your good Subjects of future peace, and no ground left for the continuance or growth of these bloody dissensions. Northumberland. Will. Pierrepoint. joh. 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 return. 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 ourselves they will give your Majesty satisfaction therein. Northumberland. joh. Holland. Will. Pierrepont. Will. Armyne. B. Whitelock. April 7. 1643. HIs Majesty conceives His Answers already given, (for he hath given too) to be very clear and significant. And if the conclusion of the present Treaty on his Majesty's 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 clear evidence to his Majesty and His good Subjects of a future Peace, and no ground left for the continuance and growth of these bloody dissensions, and it will be such a conclusion as his Majesty intended. His Majesty never intending that both Armies should remain undisbanded until 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 return to both houses, to which his Majesty in his Answer hath expressed himself to be most ready, whensoever he may do 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 Majesty's answer to the Proposition of disbanding, wherein your Majesty mentions yourself to be most ready to return to both houses of Parliament, whensoever you may do it with honour and safety, for that we humbly conceive, we were to expect your Majesty's answer to that Proposition this day received, before we could give a due account 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 Majesty's 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 bend 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 Majesty's expressions so doubtful, that it cannot be suddenly or easily resolved, and the remainder of the time for the whole Treaty, being but seven days, if the Cessation were not presently agreed, it would not yield 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 perpetual blessing to them, by freeing the Kingdom from these miserable effects of war, the effusion of English blood, 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 Majesty's Answer concerning the disbanding to be in effect a denial, unless they dissert all those cautions and limitations, which they have desired in their Answer to Your Majesty's 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 Majesty's coming to Your Parliament, which they have often expressed with full offers of Security to Your Royal 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 Majesty's Resolution therein, which they likewise conceived was agreeable to Your Majesty's 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 Majesty's 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 Majesty's 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 style 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 Majesty's 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 pressed 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 Majesty's 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 Majesty's coming to His Parliament, which they had often expressed with full offers of security to His Royal 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 addressed 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 showed 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 Happiness. Faulkland. His Majesty's Letter to the Queen's 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, than 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, scurvy London news of thy stay and lameness, which though I did not believe, yet it vexed me so much the more, that I could not prove them liars; 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 thyself, That I neither have, nor will lose any time in that business, and that I have not contented myself with Generals; and though I hope shortly to have the happiness 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 savil 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 Pensioners, Hartford once looked after it; but now I believe he expects either to be Treasurer, or of my Bedchamber; 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, In an Capell; therefore I desire thy assistance to find 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 perform 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 thyself for any; Dated Oxford. 2● Febru./ 23 Janu. So I rest eternally thine, C. R. My Lord, IT is His Majesty's 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 Saturday. Oxford, 2 of March. 1643. Your faithful friend, Rupert. For the Earl of Northampton at BANBURY. My Lord, I Have acquainted the King with the hindrance you have in your desire, He was pleased to command me to tell you, That your Lordship should send one of your Scouts to inquire, if Ingrom be in the Castle; if he be, you may safely go on with your design; 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 inform you with some other particulars. So I rest Oxford, the 3 of March. at 12 at night. Your Lordship's Most faithful friend Rupert. To the Earl of Northampton, RUPERT. His Majesty's 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 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 confess, that I shall come short of what thou deservest of Me. H 3: 189: ● 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 showing it is not I, but those who have caused, and fostered this Rebellion, that desire the continuance of this war and universal 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 designs 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 believe none of my four last are come to thee; their be 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 proceed in the late Treaty, and the aforesaid Letters. THe Lords and Commons assembled in Parliament, being deeply afflicted with a sorrowful sense of miserable distractions of this Kingdom, overwhelmed with the calamities of the worst kind of War, have by several Petitions and many humble Addresses to His Majesty, besought him by removing the causes thereof, to put an end thereunto: And although all their endeavours have not only proved fruitless, but some of their Petitions received a denial even of Audience, (a favour not denied to the Rebels of Ireland) which might very well justify 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 thorough all difficulties; And yet once more most humbly to represent to His Majesty the miserable distempers of His two Kingdoms of England and Ireland, and if possibly they could to endline His Royal 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 humbleness presented their desires to His Majesty, 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 duly weigh them, with the time and circumstance, will find 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 Kingdom's Peace and safety. And because they might with all speed take off the burden 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 careful, that no Proposition or circumstance touching the Treaty should precede this. His Majesty 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 Majesty and both Houses should appoint to discuss those Propositions; and six other Propositions made by His, Majesty, 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 Majesty 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 itself vanish with the disbanding, which they desired might be concluded in the first place. But they were willing to give all satisfaction to His Majesty's 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 Majesty's Propositions as concerned His Majesty's 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 days. They further resolved, that a Committee of both Houses should be appointed to attend His Majesty, if His Majesty 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 Majesty, and not long after sent a Committee to attend him. And though they hoped for a ready concurrence from His Majesty to the Articles of Cessation, the 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 refer 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 days, which after wards they enlarged to the end of twenty days. And within some distance of time afterwards, they received a very long Message from His Majesty, 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 proceed; so that by this time it might very well appear, That the enemies of the Kingdom's 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 Majesty condescended to the Cessation in manner as was agreed on, by both Houses, to continue only for five days, expecting a liberty notwithstanding to be given the Committee to word it according to the real Intention, and so that His Majesty might not be understood to consent to any Imposing upon Levying, Distraining, or Imprisoning of His Subjects, to force them to Contribute, expressly 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 Soldiers of the Army, for not submitting to such Impositions: Which offer of His Majesties, being but a Cessation only for five days, 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 Majesty's offer, imply a declining of that power, which might endanger the Disbanding of their Army; And if answered, would necessarily have enforced them to some sharpness of language, which the enemics of this Treaty would easily take occasion to quarrel at, and persuade His Majesty 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 only 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 enjoined 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 proceed 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 Majesty's first Proposition, whereby. His Majesty demanded, That his own Revenue, Magazines, Towns, Forts and Ships, which had been 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 employed for the maintenance of his own children, according to the allowance established by himself, that what should remain due to His Majesty they would satisfy, and would leave the same to His Majesty for the time to come. They likewise thereupon propounded to His Majesty, That he would restore what had been taken for his use, upon any of the Bills assigned to other purposes, by several 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, quality, and trust, to be nominated by His Majesty as the two Houses of Parliament should confide in, none of which persons to be removed during three year's next ensuing, without just cause to be approved of by both Houses. That the Warden of the Cinque-Ports, and all governor's and Commander's of Towns, Forts, and Castles, should keep the same respectively, for the service of his Majesty, and the safety of the Kingdom, and that they should not admit into them any Foreign Forces, or any other Forces raised without His Majesty's authority, and consent of the two Houses of Parliament. And they should use their uttermost endeavours to suppress all Forces raised without such authority and consent, and seize all Arms and Ammunition provided for any such Forces. Unto which Offer of theirs His Majesty gave this conclusive Answer: That His Majesty did not intent that both Houses of Parliament should express their confidence of the persons to whose trust the Cinque-Ports, April 5. or other His Majesty's Towns and Forts, were or should be committed, but that they should have liberty to proceed against them according to Law; His Majesty 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 Majesty would consent no further than these general terms; That is, That no Forces raised or brought in, contrary to Law should be admitted, and that all Arms and Ammunition should be seized upon, which by the Laws 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 Majesty should nominate to be Lord high Admiral 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 express 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 refer 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 total disbanding of that side, and a continuing the forces of the other, which must be granted to be most unequal; And therefore the Lords and Commons did think it just and honourable, That the remaining strength should be put into such hands, as both sides might trust. Secondly, That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in, was a Proposition warranted by the frequent * The fourth of Edward the third, Articw. 1. against Roger Mortimer. The King had put to him four Bishops, four Earls, and four Barons; without whose content, or of some of them, no great businessle was to be transacted. Rot. Parham, 13 E. 3. N 15, 16 The whole N●… disposed of by Parliament, N. 13, 14 Admirals appointed, and Instructions given to them. N 32 Instructions for the defence of Jersey, and a Deputy Governor appointed in Parliament. N 35. Soldiers of York, Nottingham, &c to go at the cost of the Country; and what they are to do N. 36 A Clerk appointed for payment of the r●wages by the oversight of the Lord Percy and Nevil N. 38 Sir Walter Creak appointed keeper of Berwick N. 39 Sir Tho de Wake appointed to set forth the Array of soldiers 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 King's absence the Duke of Cornwall shall be Keeper of England. N. 35. They appoint the Archbishop of Canterbury, the Earls of Lancast. Warton, and Huntingdon. Councillors 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 justices of Lentham N. 53 54. &c Commissions of Arra to the Earl of Angou, and others. XV. E. 3. N. 15. That the Chancellors, chief justices, Treasurers, Chancellor'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 choice of a new, with you assents, &c L.E. 3 N. ●0,11. Ordered in Parliament. That the King should have at the least tea or twelve Councillors, without whom no weighty matters should pass, etc. N 15. A Commission to the L. Perey and others, to appoint 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, etc. N. 51. Officers for Gascoine, Ireland, and A●ton, Keepers of the Ports, Castles etc. TWO R. 2. Rot. Parl. pars 2. artic. 39 The Admiralry. N. 37 In a chedule is contain the order of the E of Northumb and others, for the defence of the North Seacoasts, 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 than such as be appointed by Parliament, XV. R. 2. N 15 The Commons name the person to treat of a Peace with the King's 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 wells; 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 Councillors. VII. & VIII. H. 4.26 Power given to the Merchants to name two persons to be Admirals. VII. & VIII. H. 4. N 31 Councillors appointed by Authority of Parliament. N 26. Commissions granted in Parliament to keep the Sea. Rot. Parl. ● H. 6. N 61 Chancellor, Treasurer, and Privy Seal, appointed by Parliament. N. 24. Protector, and Defensor Regni, appointed by Parliament N 26. Privy Councillors. II. H. 6 N 15. Council 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 Calais is committed to the Duke of Glo●cester, by Indenture between him and the King, and confirmed in Parliament. XXXI. H. 6 N 41. Roch; Earl of Salubury, and others, are appointed by Parliament to keep the Seas, Tonnage and Poundage appointed to them for three years 33 H. 6 N. 27. Discharged. 39 H. 6 N. 32. The Duke of York made by Parliament General. Stat 21 ●ac. cap. 34. Treasurers, and a Council 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 York Sir Io. Conniers Lieut. of the Tower, upon the desire of the Lords and Commons this Parliament. With very many more Precedents, which to avoid prolixity, are purposely omitted. Precedents of former times, whereby it appeareth, that many other Parliaments have made the like and greater demands, and His Majesty's Predecessors have assented thereunto. Thirdly, It was a Proposition which his Majesty himself in several Declarations of his own affirmed to be reasonable and just; for in his Majesty's 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 Majesty is resolved, they shall be in such hands, and only in such as the Parliament may safely confide in, etc. 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 Parliament shall either approve or recommend unto Him, So that you declare before unto His Majesty the name of the persons whom you approve or recommend, unless 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 denial, being confident, that His Majesty did intent what he spoke; and if any ill Counsel 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 Majesty's power in this and other things, is too much steered and guided by the advice of these secret and wicked Councillors, that have been the Instruments of our present miseries; And though His Majesty carrieth 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 Counsels of Papists and Jesuits 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 tranquillity, yet considering the attempts of Force and Violence made and practised against the Kingdom, and this present Parliament; as the Designs many years since to bring to this Kingdom the Germane Horse, to compel the Subject to submit to an arbitrary Government; The endeavour to bring up the late Northern Army, by force and violence to awe the Parliament; His Majesty 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 Earl of Strafford, to bring over the Irish Popish Army to Conquer the Kingdom; they might very well justify, nay they were in duty bound (in discharge of the trust reposed in them by the Commonwealth) 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 Reasonableness the Moderation, or Justness of the Request, nor the Peace of the Kingdom (which probably would ensue thereupon, could be Arguments prevalent enough to induce His Majesties cons; enter thereunto; and His Majesty's offer of those Commanders that shall offend, to leave them to Justice and Trial of the Law, is an Answer more to show His power to protect Delinquents than satisfaction to a Parliament, being the due and right of the meanest Subject; and yet entitled here as a favour done to both Houses of Parliament. And though His Majesty is pleased to justify His denial, 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 refusal, for admitting His Majesty's power of disposing the Ships, Forts, and Castles, and committing them into what hands He please, to be by Law absolutely vested in His Majesty (which they by no means can admit, He being only trusted with them for The defence and safety 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 Commonwealth and safety 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 only upon an implicit Faith, but demonstrate it both by Reason and Experience, That their demand is not only neccessary to secure the Kingdom from Fear and Jealousy, but to preserve it even from ruin and destruction. And surely had this Argument of being Their right by Law, been prevailing with His Majesty 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 hearty wish that the Laws and Statutes of the Kingdom might be The rule of what is, and what is not to be done, acknowledging with His Majesty, that the same is the only rule between Him and His people, the assurance of the free enjoyment thereof is their only aim; but how little fruit the people hath gathered from this true, let the woeful experience of these last eighteen year's judge, where, in a time of Peace and Plenty, the power of issuing out Commissions, to compel Loans; 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 Council Board to commit men, and determine business without distinction of persons or causes; The power of laying Imposition, both upon Foreign and Domestic Commodities, and many other Acts of oppressions, was under the name and colour of a Legal 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 only cure and remedy 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 remedy 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 readiness. And now they refer it to the censure of any honest man, whether they have not the warrant of Reason and Necessity, to demand some security to enjoy that which His Majesty confesseth to be the people's 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 Majesty's 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 hearty 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 several Declarations, hath expressly denied them any such power: For contrary to their Declarations, fortified with Law and reason, His Majesty published and affirmed the legality 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 Proceed, and to rob, spoil, 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 only his Majesty's 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 general 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 woeful 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 hearty wished, and most earnestly laboured for, discovering not the least inclination of compliance to their just Demands, but all, or most of them, answered with a denial, and that not without some sharpness and acrimony; yet resolving to be wanting in nothing of their parts, they enjoined their Committee to press on the Proposition for disbanding, and humbly desire His Majesty's 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 thorough Cure. The Committee applied 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 Bishop's 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 only settled 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 until both Houses shall consent to those demands, he will not disband His Army, He will continue the War: 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 express how unparliamentary it was by Arms to require new Laws: but how to apply that the two Houses of Parliament, they must confess they are to seek; they never having demanded any new Laws by Arms, endeavouring only (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 Majesty's Answer, here is not only 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 satisfy his first Proposition, in yielding up the Magazines, Ships, and Forts, into the hands of such persons as His Majesty shall appoint to receive the same, without any admission to the two Houses to express their confidence in those persons: which being performed, were to yield up the principal part, if not all the strength they have, and expose themselves, Religion, and the Kingdom, to the mercy of a powerful Popish Army raised against them; and submit it to them, and to the will and pleasure of those Councillors, whose interest with His Majesty, hath brought this Kingdom to this desolate condition, whether they would disband or not. Secondly, To satisfy 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 account, 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 Majesty's 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 confess, 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 Majesty's 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 only His Majesty's 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 Proceed against them should be repealed, and laid aside. And surely nothing can be more destructive and dangerous both to Parliament and Kingdom, than 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 Privilege of Parliament, who have not only 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 practices and open hostility have endeavoured to destroy both Parliament and people. And it would be an objection of difficulty to answer, whether in giving a consent to this demand, the people who are to choose 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 add, the danger of the Precedent, 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 rashness against themselves; but they will not insist thereupon in a case otherwise so full of danger and inconveniency to the public. And touching the Proposition of adjourning the Parliament twenty miles distant from London, they shall not need in a case so apparent, to spend many words to discover the inconveniency and unreasonableness thereof, for, should they assent unto it, to pass over the inconveniencies that would happen to such persons that should have occasion to attend the Parliament, by removing it so far from the residency 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 only give a tacit consent to those scandals so often pressed and affirmend in several Declarations, That is, That His Majesty was forced for the safety 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 Army should prevail against the Parliament, (which they trust God in his goodness will never permit) to overturn and nullify all the good Laws 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 equal, 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 Majesty, 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 impartial men, Whether they have not used their utmost and most faithful 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 confess, 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 evil 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 laid 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 special safe counduct and Protection from Him have access 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 privilege that they believe is not to be paralleled 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 entered upon the Treaty, but a Proclamation dated at Oxon the 16 of February, 1642. entitled His Majesty's Proclamation, forbidding all His loving Subjects, and the Counties of Kent, Surrey, Sussex, and Hampshire to raise any Forces, etc. And another Proclamation dated the 8 of February, forbidding the assessing and payment of all Taxes by virtue of an Ordinance of both Houses, and all entering into Associations, were published in His Majesty's Name, containing most bitter invectives and scandals against the proceed of both Houses, by styling 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 King's life, and to destroy His Posterity, the Protestant Religion, and the Laws of the Kingdoms, with many other such scandals 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 Majesty's confidence and denial 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 laid open to Him, that He knew not which first to undertake. One whereof probably was the most bloody and barbarous design upon Bristol attempted (though by Gods infinite mercy prevented) during the Treaty. And whether that of Sir Hugh Cholmleys in betraying of Scarborough Castle, wherewith he was entrusted by the Parliament, to the Queen's 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 Earl of Northamptons' pocket, slain near Stafford, written to him from Prince Rupert, were some of the other designs mentioned in His Majesty's Letter, they cannot certainly affirm, but conjecture. And when this collateral provocations and attempts could not prevail to make them desert the Treaty, then comes in His Majesty's 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 unlawful for the King to do any thing, and lawful to do any thing against Him, with malice and subtlety 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 lie under all these scandals, and endure all these wounds, so they might make up the breaches of the Commonwealth; 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 constancy 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 yielded to, and so effected their own desires. All which, The Lords and Commons thought it their duty to publish to the Kingdom, to the end that they may see that what hath been long endeavoured by subtle and secret practices, 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, unless both be exposed to the will and pleasure of the Popish party, until 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 design and malice; but even those that by their subtle and false pretences have been ignorantly seduced to join with them, that love their Liberty and the Protestant Religion, will now with one heart and mind, 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. Elsing, 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 truly Printed. Hen. Elsing, Cler. Parl. D. Com. 18 May, 1643. WE do appoint Edward Husbands to Print the said Declaration, Letters, and proceed in the late Treaty. John Glyn. Bolstrode Whitlock. FINIS.