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A81806 A full relation of the passages concerning the late treaty for a peace, begun at Vxbridge January 30. 1644. England and Wales. Sovereign (1625-1649 : Charles I). 1645 (1645) Wing D2480A; Thomason E281_12; ESTC R200042 160,709 240

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downe in their Propositions in terminis And in this poynt though they seem to reduce the time which in their Propositions was indefinite to a certainty to which yet the Scottish Commissioners See no. 132. have not absolutely agreed the alteration is more in shew then indeed and rather to the heightning then abateing their demands for whereas they have limited the time to seaven years yet it is with an additionall clause That after those seven years it was to be executed as We and they should agree and not otherwise so that though the Commissioners should have the power but for seaven years yet we should not have it after those seaven years nor at any time unlesse they and we could agree in it so much would they have gained by this seeming compliance in poynt of limitation of this power to a time though not to that time of three years which we proposed But they justify the reasonablenesse of it for whereas our Commissioners in their Paper to which this of theirs is applied as No. 130. an answer tell them that if the time for this power be unlimited we and our posterity shall for ever part with our peculiar Regall power of being able to resist our Enemies or protect our good Subjects and with that undoubted and never denyed right of the Crowne to make Warre and Peace or ever more to have jurisdiction over our own Navy and Fleet at Sea the command thereof being also a part of this great power to be given to these Commissioners They answer plainly they cannot admit of this peculiar Regall Power which Our Commissioners mention to reside in us concerning the Militia and to make Peace and Warre or that it is otherwise to be exercised then by authority from us and both Houses of Parliament of England and the Estates of the Parliament of Scotland respectively We approve of their ingenuity that now at the breaking off of the Treaty they tell us in plain tearmes what they meane though the Common Law-books and Records of Parliament have mentioned that the sole power of protecting the Subjects belongs to the King and that he alone hath power to make Peace and Warre though it hath been the language of former Parliaments even of the last Parliament and at the beginning of this Parliament that the power of Peace and Warre is in the King but if he will have money from His Subjects to maintain the Warres he must have their consents and though the universall consent and common opinion heretofore hath gone accordingly yet they cannot admit thereof as to have been our right for the answer is made to the assertion concerning our right And not admitting it it seems their oathes of Alleageance and Supremacy to defend our Crowne and Dignity and to assistand defend all Iurisdictions Priviledges and authorities belonging to us oblige them not And as they doe not admit this power in right to have been in us alone for the time past so neither will they admit it for the time to come in Vs or Our successors to be able to resist our Enemies or protect our Subjects or to make Peace or Warre but it must be by authority from Vs and the two Houses and the Estates of the Parliament of Scotland respectively They are to be associated in these Regall Powers and the Scepter and the Sword may in Pictures or Statues but are not indeed to be in the Kings hand alone Vpon these grounds We wonder not that they would have the Navy and Fleet at Sea to be put into the hands of their Commissioners for seaven years as the Militia for the Land and after the seaven years to be commanded in such manner as they and we should agree and not otherwise for they say the reasons are the same for them as for the Militia by land It is a principall meanes they say of their security and We cannot find they think themselves to have any security if We and Our Successors have any Power But if We will part with Our Power wholly unto them We and Our Posterity shall be fully secured by the aflections of Our Subjects that is by the Lords Commons now at Westminster who in their sense represent all the people who by themselves during the Parliament or when they shall please to make any recesses by their Commissioners during the intervalls will free us from the burden of the Militia and of Our Navy and so of protecting Our Subjects and will save Vs the Charge of Our Navy because it is to be principally maintained by the free guift of the Subject out of Tonnage and Poundage and other Impositions upon Merchandise And having taken this care for Our security sutable to all their Actions these three yeares last past They say that for security of those who have been with Vs in the Warre an Act of Oblivion is desired to be passed whereby all Our Subjects would have been put in one and the same condition and under the same protection with some exceptions mentioned in the Propositions We are not willing to mention those exceptions by which not onely most of Our best Subjects who have been with Vs in the Warre according to their duties by expresse or generall termes are excepted but all the Estates of some of them and a great part of the Estates of the rest of them for that very cause because they were with Vs in the Warre are to be forfeited As for securing them by an Act of Oblivion they have lesse cause to desire it then they who propose it as being more secured by the Conscience of doing their duties and the protection of the knowne common Law of the Land if it might take place then any protection under the two Houses or their Commissioners for the Militia yet We were not unwilling for the security of all Our Subjects to have assented to an Act of Oblivion being willing as much as in Vs lies to have made up these breaches and buryed the memory of these unhappy Divisions It was urged by our Commissioners that according to the literall sense of the Propositions in the powers given to the Commissioners for the Militia That Sheriffes and Justices of Peace and other legall Ministers could not raise the Posse Comitatus or Forces to suppresse Riots without being lyable to the interpretation of the Commissioners To this they answer That this is no part of the Militia to be exercised by the Commissioners but in executing of Justice and legall Processe nor can be intended to be any disturbance but for the preservation of the Peace We shall admit that to be their meaning but it being by the Propositions made Treason in any who shall leavy any Forces without authority or consent of the Commissioners to the disturbance of the publique Peace it is apparent that the Sheriffes or Iustices of Peace if they raise any Forces to suppresse any tumultuous Assembly which it is possible some of the Commissioners may countenance or