THE REASONS OF THE LORDS and COMMONS IN PARLIAMENT, Why they cannot agree to the Alteration and Addition in the Articles of CESSATION offered by HIS MAJESTY. WITH HIS majesties gracious Answer thereunto. April 4. 1643. Printed by His MAjESTIES Command AT OXFORD, By LEONARD LICHFIELD, Printer to the university. 1643. TO THE KING'S MOST EXCELLENT MAJESTY. THe LORDS and COMMONS in Parliament assembled, do with all humble thankfulness aclowledge Your MAJESTIES 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 Answers to the particulars prest by Your MAJESTY. 1. THEY do deny that they have restrained any Trade, but to some few of those places where Your Majesties Forces are Inquartered, and even now in the heat of war, do permit the Carriars to go into all the parts of the kingdom, with all sorts of Commodities for the use of 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 Majesties Army, without very strict and frequent Searches, which would make it so troublesone, chargeable, and dangerous to the Subjects, that the Question being but for Twenty daies, for so few places, the mischiefs and inconveniences to the whole Kingdom, would be far greater then any advantage which that small number of Your Subjects( whom it concerns) can have by it. The Case then is much otherwise then is expressed by Your Majesties Answer, for whereas they are charged, not to give the least admission of this Liberty and freedom of Trade, during the Cessation; The truth is, That they do grant it as fully to the benefit of the Subject, even in time of war; And that Your Majesty in pressing this for the peoples good, doth therein desire that which will be very little 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 many thither, whereby the Inhabitants will be better enabled by loans, and Contributions, to support Your Majesties Army; And as Your Majesties Army may receive much advantage, and the other Army much danger, if such freedom should be granted to these 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 Souldiers have not robbed the Carriars in several parts, where there hath been no such reason; And Your Ships taken many Ships to the great damage, not only of particular Marchants, but of the whole Kingdom; And whether Your Majesty have not declared Your own purpose, and endeavoured by Your Ministers of State, to imbargue the Merchants 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 Princes Arbiters of the differences betwixt Your Majesty and Your People, break off the intercourse between this, and other States, and like to bring us into 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 Conclusive 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 most 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 of a total abolition of all Hostility in the Kingdom. 4. If the nature of war be duly considered, it must needs be acknowledged, that it is incompatible 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 must be committed by them for supplying Your Majesty with arms, Powder and Ammunition; For by the Law of the Land, the Subjects may carry such goods from London, or any other place, to Oxford, The Souldiers must 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 Majesties sense, they shall be disabled to restrain supplies from their Enemies, and to govern or maintain their own Souldiers; It cannot be thought reasonable, that under the disguise of a Cessation, they should admit that which will necessary produce the dissolving of the Army, and destruction of the Cause. It seems not probable that Your majesty doth intend, that if any be taken with supplies for this Army, or mutining 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, but rather, that Your majesty will so interpret this limitation of known laws, that although it lay straight Bonds upon the two Houses, yet it leaves Your Generalls 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 Martiall Law in those cases; and it is not unlike, but that it will be affirmed, that the Generalls constituted by Your majesties 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& them, and that they are therein warranted both by the laws of God and man, it must needs follow, That by the same laws 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, nor 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 employed a freedom of passage, and communication of Quarters, which is contrary to the nature of a Cessation, 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& 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 Majesties Forces are severed the one from the other by many large Counties, strong Passes, and competent Armies; and if they had admitted this Clause, they had bereaved themselves of one of the greatest advantages,& freed Your majesties party of one of the greatest inconveniencies, which Your majesty or they have in this war. For the Reasons 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& agreeing upon those Articles in any other manner, then the Houses have directed; but that a faire 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 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 Majesties Honour, and the Trust reposed in You, and is necessary for Your Majesties good Subiects, 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 faithfully and constantly employed, in hope, that God will give a blessing thereunto. HIS MAJESTIES ANSWER TO THE AFORESAID REASONS. 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 daies 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 dayes( 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 necessary to be considered in concluding the same, though the two dayes are expired. And if His Majesty enlarges himself in His Replies more then 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 Majesties Army should receive much advantage thereby, and the contrary Army none, is in no degree confessed, for( besides that the restraint is to places, where no part of His Majesties 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 Majesties Army to continue the Trade of Oxford, or any other place, where His forces reside, and to stop and seize the Cloath, kerseys 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 earl of Essex from Windsor or Wickam) 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 Correspondence of the Kingdom,( which, both out 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 Subjects, 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 robbed by His Majesties Souldiers, 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 therfore 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 imbarguing the Merchants 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 Resolutions, 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 Princes 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 entred into. 2. His Majesty did not demand the approving of the Commanders of Ships only with reference to His present Right, for then He would have demanded not the Approbation of the Commanders, but the Ships themselves; But this demand was and is a thing most necessary for His Majesty; for the setting out the present Fleet is pretended to be for the Defence of His Majesties Dominions; and which cannot conveniently suffer any Alteration in Commanders, if the Cessation and Peace should be fully and 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 all Forces from one part to another by Sea, for the assistance of the earl of Essex, be restrained, which both Houses seem now to consent to, which was not at all expressed in their former Articles. 3. His Majesties opinion how unfit it was to Treat in blood, sufficiently appears, this debate concerning a Cessation arising first from His Majesties motion,( it being left out in the Answer to His Message for a Treaty) in order to which He had and hath great reason to desire, that the Committee may have Liberty to debate and conclude any differences and expressions in the Articles of the Cessation, that the same may be reconciled and removed without remitting all Questions to London. For as those now consented to, might in much less time have been agreed here, if there had been that Liberty, so there can hardly be a right& 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& 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 Majesties Intention, that His Article against Imprisonment of His Subjects, otherwise then according to the known laws of the Land, should extend to the destruction of the military Discipline of either Army; but this is a very sufficient instance of the necessity of 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 forward and backward a hundred miles; and( if this Authority had been given to the Committee here, as for such causes was desired) a 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 who ever 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 objection, 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 begins 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& 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 Majesties Condition the last year( till continued violence against Him opened the Eyes and hearts of His Subjects to His Assistance) should not believe that He 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,& 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,& 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,& 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 hast 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,& 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 Majesties 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 Majesties 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 discomposed the whole, many things having in the rest been assented to, which were therefore only yielded, because the Inconveniences growing by those clauses, if they were alone, were salved by that Addition, and some things in the other very dark and doubtful, were by that interpnted 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 Majesties Charge, if the ground of that Breach would bear the least dispute. His Majesty doth agree, that to preserve things in 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 Stanford, and Lord Fairfaix to the earl of Essex? Nor can His Majesty find any stronger 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 a 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, if this Clause be not in, how much greater is the disadvantage the other way by some Clauses? And how are His Forces, principally the earl of Newcastles cooped up in old and eaten up Quarters, or 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 stated. 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; expecting 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 Souldiers of the Army, for not submitting to such illegal impositions as aforesaid. For otherwise they may, during the Cessation,( besides what is already imposed) impose new taxes not only to the 19th 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, as well of the old impositions( which in most Places without their Army they cannot levy) as of any such new ones; 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, then such a limitation, so nothing can be more unequal to His Majesty, or more advantageous to them, then the Admission of, or connivance to any such practices upon His People. This Cessation to begin on the ninth of April, and to continue to the end of Twenty daies 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 Majesties Limitations, or that the Houses shall reject this His offer of Cessation, His majesty as He hath lately desired( by a Proposition to both Houses, delivered to their Committee, to which He hath yet received no Answer) so He doth earnestly continue to desire, that the Treaty itself may not be delayed or interrupted by it, but that their Committee may be enabled to proceed upon it in the mean while. FINIS.