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A91048 The proceedings in the late treaty of peaceĀ· Together with severall letters of his Majesty to the Queen, and of Prince Rupert to the Earle of Northampton, which were intercepted and brought to the Parliament. With a declaration of the Lords and Commons upon those proceedings and letters. Ordered by the Lords and Commons, that these proceedings, letters, and declaration be forthwith printed. H. Elsing Cler. Parliament. Dom. Com. Rupert, Prince, Count Palatine, 1619-1682.; Charles I, King of England, 1600-1649.; Henrietta Maria, Queen, consort of Charles I, King of England, 1609-1669.; Northampton, Spencer Compton, Earl of, 1601-1643.; England and Wales. Parliament. 1643 (1643) Wing P3571; Thomason E102_6; ESTC R11174 75,243 98

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THE PROCEEDINGS IN THE LATE TREATY OF PEACE Together VVith severall Letters of his Majesty to the Queen and of Prince Rupert to the Earle of Northampton which were intercepted and brought to PARLIAMENT WITH A Declaration of the Lords and Commons upon those Proceedings and Letters ORdered by the Lords and Commons that these Proceedings Letters and Declaration be forthwith Printed H. Elsing Cler. Parliament Dom. Com. LONDON Printed for Edwards Husbands and are to be sold at his Shop in the Middle Temple 1643. The humble Desires and Propositions of the Lords and Commons in Parliament assembled tendred unto his Majestie February the first 1642. WE your Majesties most humble and faithfull Subjects the Lords and Commons in Parliament assembled having in our thoughts the glory of God your Majesties honour and the prospetity of your People and being most grievously afflicted with the pressing meseries calamities which have overwhelmed your two Kingdomes of England and Ireland since your Majesty hath by the persuasion of evil Counsellors withdrawn your self from the Parliament raised an Army against it and by force thereof protected Delinquents from the Justice of it constraining us to take Arms for the defence of our Religion Laws Liberties Priviledges of Parliament and for the sitting of the Parliament in safety which fears and dangers are continued and increased by the raising drawing together and arming of great numbers of Papists under the command of the Earle of Newcastle likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great forces whereby many grievous Oppressions Rapines and Cruelties have been and are daily exercised upon the persons and estates of your people much innocent bloud hath been spilt and the Papists have attained means of attempting and hopes of effecting their mischievous designe of rooting out the Reformed Religion and destroying the professors thereof In the tender sence and compassion of these evils under which your people and Kingdom lie according to the duty which we owe to God your Majesty and the Kingdom for which we are intrusted do most earnestly desire that an end may be put to these great distempers and distractions for the preventing of that desolation which doth threaten all your Majesties Dominions And as we have rendred and still are ready to render to your Majesty that subjection obedience and service which we owe unto you so we most humbly beseech your Majesty to remove the Cause of this war and to vouchsafe us that peace and protection which we and our Ancestors have formerly enjoyed under your Majesty and your Royall Predecessors and graciously to accept and grant these most humble desires and Propositions 1 THat your Majesty will be pleased to disband your Armies as wee likewise shall be ready to disband all those Forces which wee have raised And that you will be pleased to return to your Parliament 2. That you will leave Delinquents to a Legall Triall and judgment of Parliament 3. That the Papists may not onely be disbanded but disarmed according to Law 4. That your Majesty will be pleased to give your Royall assent unto the Bill for taking away Superstitious Innovations To the Bill for the utter abolishing and taking away of all Archbishops Bishops their Chancellors and Commissaries Deans Subdeans Deans Chapters Archdeacons Canons and Prebendaries and all Chanters Chancellors Treasurers Subtreasurers Succentors and Sacrists and all Vicars Chorall and Choristers old Vicars and new Vicars of any Cathedrall or Collegiate Church and all other their under-officers out of the Church of England To the Bill against scandalous Ministers To the Bill against Pluralicies And to the Bill for consultation to be had with godly religious and learned Divines That your Majesty will be pleased to promise to passe such other good Bils for setling of Church-government as upon consultation with the Assembly of the said Divines shall be resolved on by both houses of Parliament and by them be presented to your Majestie That your Majesty having exprest in Your Answer to the Nineteene Propositions of both houses of Parliament a hearty affection and Intentions for the rooting out of Poperie out of this Kingdome and that if both the houses of Parliament can yet sinde a more effectuall Course to disable Jesuites Priests and popish Recusants from disturbing the State or deluding the Lawes that you would willingly give your consent unto it That You would be graciously pleased for the better discovery and speedier conviction of Recusants That an Oath may be established by Act of Parliament to be Administred in such manner as by both Houses shall be agreed on wherein they shall abjure and renounce the Popes Supremacy The doctrine of Transubstantiation Purgatory worshipping of the consecrated Hoast Crucifixes and Images and the refasing the said Oath being tendred in such manner as shall be appointed by Act of Parliament shall be a sufficient Conviction Law of Recusancie And that your Majestie will be graciously pleased to give Your Royall assent unto a Bill for the Education of the children of Papists by Protestants in the Protestant Religion That for the more effectuall execution of the Lawes against popish Recusants your Majesty would be pleased to consent to a Bill for the true levying of the Panalties against them and that the same Penaltie may be levyed and disposed of in such manner as both houses of Parliament shall agree on so as your Majestie be at no loss And likewise to a Bill whereby the practise of Papists against the State may be prevented and the Laws against them duly executed 6. That the Earle of Bristoll may be removed from your Majesties Councells and that both he and the Lord Herbert eldest sonne to the Earle of Worcester may likewise be restrained from comming within the Verge of the Court and that they may not beare any Office or have my imployments concerning the State or Common-wealth 7. That Your Majestie will be graciously pleased by Act of Parliament to settle the Militia both by Sea and Land and for the Forts and Ports of the Kingdome in such a manner as shall be agreed on by both Houses 8. That Your Majestie will be pleased by Your Letters Patents to make Sir Iohn Brampston Chiefe Justice of Your Court of Kings Bench William Lentall Esquire the now Speaker of the Commons house Master of the Rolls and to continue the Lord chiefe Justice Bankes chiefe Justice of the Court of Common Pleas and likewise to make Master Serjeant Wilde Chiefe Baron of Your Court of Exchequer And that Master Justice Bacon may be continued And Master Serjeant Rolls and Master Serjeant Arkins made Justices of the Kings Bench. That Master Justice Reeves and Master Justices Foster may be continued and Master Serjeant Phesant made one of Your Justices of Your Court of Common Pleas That Master Serjeant Cresivell M. Samuel Browne and Master John Pulleston may be Barons of the Exchequer And that all these and all the Judges of the same Courts for
their reach and their army would then be at leisure to be emploied as Collectors aswell of the old impositions which in most places without their army they cannot leavy as of any such new one and vast sums would and might by this means be raised to the destruction of his Subjects extraordinary advantage to them and great disadvantage to his MAJESTIE Who can neither obtaine His owne Consent to take the like courses Nor in case Hee could is Hee so quartered as to have within the power of his army without breach of the cessation by drawing neerer to their forces any such Citie or so many so rich and so fresh Counties as they have to retire into to that purpose So that as nothing is more just in it selfe and for his people than such a limitation so nothing can be more unequall to His Majesty or more advantagious to them than the admission of or connivence to any such practises upon His people This cessation to begin on the 9. of April and to continue to the end of 20. dayes from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order upon which His Majesty hath an earnest desire that a firm and stable peace may be agreed on and both Armies speedily disbanded otherwise if during this cessation in the Articles of which His Majesty in order to peace hath yeilded to things manifestly unreasonable and prejudiciall to His Army the Treaty be not dispatched His Majestie cannot without manifest ruine to His Army principally that of the North be able to contain Himself beyond this time now limited for the cessation in the quarters in which He hath so long bin and now is and which will hardly be able to hold out so long but must bee forced to remove as He shall finde agreeable for His occasions And in case any delay be made in consenting to these His Majesties limitations or that the Houses shall reject this His offer of cessation His Majesty as He hath lately desired by a Proposition to both Houses delivered to their Committee to which He hath yet received no Answer so He doth earnestly continue to desire That the Treaty it self may not be delayed or interrupted by it but that their Committee may be enabled to proceed upon it in the mean while Copia vera Jo Brown Cler Parliamentorum Addition of four dayes longer to Treat April 4. 1643. VVE humbly acquaint Your Majesty that we received this morning the resolution of both Houses of Parliament whereby farther time is given to us to Treat upon the two first Propositions viz. The first Proposition of Your Majesty and the first Proposition of both Houses And that the time prescribed for the treaty upon the two first Propositions shall be untill Friday night Northumberland John Holland B. Whitelocke Will. Pierrepoint Will. Armyne A Letter from both Houses Received April 8. 1643. VVE are commanded to send these inclosed Instructions to you from both Houses of Parliament By which the resolutions of the Houses will appear unto you This is all we have in command and rest Westminster the 7 of April 1643. Your humble servants MANCHESTER Speaker pro tempore William Lenthall Speaker of the Commons House Instructions concerning the Cessation Received April 8. 1643. A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Pierrepoint Esquire Sir William Armyne Baronet Sir John Holland Baronet and Bulstrode Whitelock Esquire Committees of both Houses of Parliament attending His Majesty at Oxon. YOu are hereby to take notice That the two Houses have considered his Majesties Answer to their reasons concerning the Cessation wherein there are divers expressions which reflect much upon the honor and Justice of the Houses and might occasion particular Replies Yet at this time they desire to decline all contestation their wishes and endeavours being earnestly bent upon the obtaining a speedy peace For which cause they do not think good to consume any more of that time allowed for the treaty in any farther debates upon the Cessation concerning which they find his Majesties expressions so doubtfull that is cannot be suddenly or easily resolved and the remainder of the time for the whole treaty being but seven dayes if the Cessation were presently agreed it would not yeild any considerable advantage to the kingdom Wherfore you shall desire his Majesty That he will be pleased to give a speedy and positive Answer to their first Propostion concerning the disbanding that so the people many not have only a shadow of peace in a short time of Cessation but the substance of it in such manner as may be a perpetuall blessing to them by freeing the Kingdome from those miserable effects of War the effusion of English bloud and desolation of many parts of the Land For the obtaining of which happinesse The Lords and Commons have resolved to enlarge your power That if you shall not have fully agreed upon the two first Propositions before Friday night you may notwithstanding any former restraint proceed to treat upon them according to the Instructions formerly given you although the Articles of the cessation are not agreed upon And those two first Propositions being concluded the two Houses will thereupon give you further instructions to proceed to the other Propositions that so the whole treaty may be determined within the twenty dayes formerly limited to be reckoned from the 25. of March last which can admit no alteration or enlargement without manifold prejudice and danger to the whole Kingdom John Brown Cler. Parliamentorum The Paper to the King upon the Instructions for disbanding Received April 8. 1643. BY Instructions this day received from both Houses of Parliament we humbly conceive that we are to acquaint Your Majesty That they have taken into consideration Your Majesties Answer to their reasons concerning the cessation wherein there are divers expressions which will occasion particular replies which at this time they desire to decline their wishes and endeavours being earnestly bent upon the obtaining a speedy peace for which cause they do not think good to consume any more of the time allowed for the treaty in any farther debates upon the cessation concerning which they find your Majesties expressions so doubtful that it cannot be suddenly or easily resolved and the remainder of the time for the whole treaty being but 7 dayes if the cessation were not presently agreed it would not yeeld any considerable advantage to the kingdom Wherfore we are required to desire your Majesty to give a speedy and positive answer to the first proposition concerning the disbanding that so your subjects may not only have a shadow of peace in a short time of cessation but the substance of it in such manner as may be a perpetuall blessing to them by freeing the Kingdom from those miserable effects of War the effusion of English bloud and desolation of many parts of the land Northumberland
And that if those Rights which he received from his Predecessours were really so formidable That would have beene more feared before which is now feared so much and his Forts and Castles would either not have been attempted or at least have enabled him to defend and keep them and have kept this from being a Question now between them Which since they could not do his Majestie if he had as much inclination as he hath more right to Feares and Jelousies might have more reason to insist upon some addition of Power as a security to enable him to keepe his Forts when he hath them then they to make any diffcultie to restore them to him in the same condition they were before But as his Majesty contents himselfe with so he takes God to witnesse his greatest desire is alwaies to observe and maintain the Law of the Land and expects the same from his Subjects and beleeves the mutuall observance of that rule and neither of them to feare what the Law fears not to be on both parts a better cure for that dangerous disease of Fears and Jealousies and a better means to establish a happy and a perpetuall Peace then for his Majestie to devest himselfe of those trusts which the Law of the Land hath setled in the Crowne alone to preserve the power and dignity of the Prince for the better protection of the Subject and of the Law and to avoid those dangerous distractions which the interest of any Sharers with him would have infallibly produced Falkland The Papers concerning the Ships March 27. 1643. To that part of your Majesties first Proposition which cencerns your ships we humbly give this Answer That the Ships shall be delivered into the charge of such a noble person as your Majestie shall nominate to be Lord high Admirall of England and the two houses of Parliament confide in who shall receive the same Office by Letters Patents 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 Admirall which Ships he shal imploy for the defence of the Kingdom against all forraigne Forces whatsoever and for the safeguard of Merchants securing of Trade and the guarding of Ireland and the intercepting of all supplies to be carried to the Rebels and shall use his utmost endeavour to suppresse all Forces which shall be raised by any person without your Majesties authority and consent of the Lords and Commons in Parliament and shall seize all Armes and Ammunition provided for supply of any such Forces Northumberland W. Pierrepont J. Holland W. Armyne B. Whitelocke March 28. 1643. HIs Maiestie expects that his owne Ships bee forthwith delivered to him as by the Law they ought to bee And when hee shall please to nominate a Lord high Admirall of England it shall be such a noble person against whom no just exception can be made and if any shall be his Maiestie will alwayes leave him to his due triall and examination and grant his Office to him by such Letters Patents as have been used in the meane time his Maiestie will governe the said Admiraltie by Commission as in all times hath been accustomed And what ever Ships shall be set forth by his Maiestie or his authoritie shall be imployed for the Defence of the Kingdome against all Forraigne Forces whatsoever for the safegua●d of merchants securing of Trade guarding of Ireland and the intercepting of all supplies to be carried to the Rebels and shall use their utmost endeavours to suppresse all Forces which shall be raised by any Person whatsoever against the Lawes and Satutes of the Kingdome and to sieze all Armes and Ammunition provided for the supply of any such Forces Falkland March 29. 1643. WE humbly desire your Majestie would be pleased to give a more a more full Answer to the clause for the Ships to be delivered minate to be Lord high Admirall of England and the two houses of Parliament confide in who shall receive the same Office by Letters Patents Quam diu se bene gesserit And to that clause to suppresse all Forces which shall be raised by any person without your Maiesties Authority and consent of the Lords and Commons in Parliament Whereunto if your Majestie shall be pleased to give your assent we conceive we are then directed by our Instructions humbly to desire your Majestie to nominate such a noble Person to bee Lord high Admirall of England that we may forthwith certifie both houses of Parliament that thereupon they may expresse their confidence in that Person or humbly beseech your Majestie to name another and that in case such noble Person who shall be appointed to bee Lord High Admirall of England shall be removed or shall die within the space of three yeers next ensuing that the Person to be put in the same Office shall be such as both Houses shall confide in Northumberland Will. Pierrepont Will. Armyne Iohn Holland B. Whitelocke April 5. 1643. HIs Majestie conceives his former Answer of the 28. of March concerning his Ships to be so full that he can adde nothing thereunto in any part of it His Majestie conceiving it all the Justice in the world for him to insist that what is by Law his own and hath been contrary to Law taken from him be fully restored unto him without conditioning to impose any new limitation upon his Majesty or his ministers which were not formerly required from them by Law and thinking it most unreasonable to be prest to diminish his own just Rights himselfe because others have violated and usurped them Falkland April 10. 1643. BY Instructions yesterday received from both Houses of Parliament we are commanded humbly to insist upon the desires of both Houses expressed in our former Papers concerning the Ships And both houses of Parliament doe observe in your Majesties Answer not onely a deniall to all their desires but likewise a censure upon their proceedings Northumberland W. Pierrepont W. Armyne I. Holland B. Whitelocke Apil 14. 1643. HIs Majestie for the present forbears any farther Answer touching his Ships desiring first to receive the Answer of both Houses to his Message of the twelfth of this moneth But his Majestie will howsoever before their departure hence give them a further Answer Falkland April 15. 1643. HIs Majestie gave so cleare a reason to justifie what he insisted upon in the point of the Ships that he cannot but wonder to see the same againe prest to him and yet both the reason he gave left unanswered and no other Reason opposed to weigh against it His Majesties end in this was not to lay any censure upon their proceedings but it being necessary to the matter in Question for his Majestie to say what had been done and the matter of fact being such as it seems could not be repeated but it must appeare to bee censured his Majestie did not thinke himselfe bound to bee