words but wren I shall be wanting in any other way according to my wit and power of expressing my Love to thee then let all honest men hate and eschew me like a Monster and yet when I shall have done my part I confesse that I shall come short of what thou deservest of Me. H 3 189 â— 3 42 17 25 27 39 21 66 a 1 45 31 7 4 32 18 47 46 9 3 d 4 g 4 46 35 67 48 7 40 5 43 74 3 41 7 33 62 8 63 68 50 64 34 9 51 45 69 46 37 deer 45 31 7 1 33 18 49 47 19 21 10 70 13 7 45 58 8 9 41 10 this a 2 324 in the mean time 46 31 7 50 e 3 20 3 6 8 48 75 41 9 2 upon 60 19 50 61 27 26 7 69 12 19 47 45 8 24 Yesterday there was Articles of a Cessation brought me from London but so unreasonable that I cannot grant them yet to undeceive the people by shewing it is not I but those who have caused and fostered this Rebellion that desire the continuance of this warre and universall distraction I am framing Articles fit for that purpose both which by my next I mean to send thee 219 b 3 58 51 75 46 7 3 45 37 2 1 189 46 38 1 g 1 173 131 which I think fit to be done a 5 4 30 3 n 5 d 3 46 31 8 10 2 32 18 64 7 3 45 31 9 66 46 32 19 41 25 48 k 1 e 4 67 69 63 I am now confident that 173 is right for my service Since the taking of Cicester there is nothing of note done of either side wherefore that little news that is I leave to others only this I assure thee That the distractions of the Rebels are such that so many fine designes are laid open to Us We know not which first to undertake but certianly my first and chiefest care is and shall be to secure thee and hasten Our meeting So longing to hear from thee I rest eternally Thine Oxford 12 2 March 1643 2. C. R. THe last I received of thine was dared the 16 6 Febr. and I beleeve none of my four last are come to thee their are 13 1 23 23 25 15 Febru and 20 Febr. or March the 2. A Declaration of the Lords and Commons assembled in Parliament upon the proceedings in the late Treaty and the aforesaid Letters THe Lords and Commons assembled in Parliament being deeply afflicted with a sorrowfull sence of miserable distractions of this Kingdom overwhelmed with the calamities of the worst kinde of War have by severall Petitions and many humble Addresses to His Majestie besought him by removing the causes thereof to put an end thereunto And although all their endeavours have not onely proved fruitlesse but some of their Petitions received a deniall even of Audience a favour not denied to the Rebels of Ireland which might very well justifie them before God and man to decline any further prosecution that way especially in a case where themselves and the kingdom are the parties injured and oppressed Yet their bowels did so much yearn after a happy peace that they resolved notwithstanding their former discouragements to break thorow all difficulties And yet once more most humbly to represent to His Majestie the miserable distempers of His two Kingdoms of England and Ireland and if possibly they could to endline His Royall heart really to act what he hath so often verbally professed To compose those unhappy distractions and restore His people to a blessed and lasting Peace And for that purpose about the first of February last They in all humblenesse presented their desires to His Majestie digested into fourteen Propositions and how reasonable and indifferent those Propositions were they expose them to the view of the world to judge resting assured that no indifferent man that shall duely weigh them with the time and circumstance will finde any thing contained in them but what was necessary for the maintenance and advancement of The true Protestant Religion The due execution of justice The preservation of the Liberty and Property of the Subject and The establishment of the Kingdoms Peace and safety And because they might with all speed take off the burthen under which this Kingdom did principally groan and stop the spring from whence most of these calamities did slow They in the first place propounded That the Armies and Forces raised on both sides might be disbanded which being effected the Kingdom might with the more ease and security expect the issue of the Treaty And therefore they were very carefull that no Proposition or circumstance touching the Treaty should precede this His Majestie having received and considered these Propositions he not long after returned his Answer wherein he Professeth to have given up all the faculties of his soul to an earnest endeavour of a Peace and reconciliation with his people and desires a speedy time and place might be agreed upon for the meeting of such persons as His Majestie and both Houses should appoint to discusse those Propositions and six other Propositions made by His Majestie and sent with that Answer whereof one was That to the intent the Treaty might not suffer interruption by any intervening accidents That a Cessation of Arms and free Trade might be first agreed upon which Answer the Lords and Commons did take into their consideration And because His Majestie did desire that a Cessation might be first agreed upon they did accordingly submit thereunto though they had purposely avoided it before being unwilling to waste the time about the shadow that would of it self vanish with the disbanding which they desired might be concluded in the first place But they were willing to give all satisfaction to His Majesties desires hoping thereby to incline him the more readily to consent to their just requests And according to their resolution they prepared ready the Articles of Cessation and that with as much equality and indifferency to both sides as possibly they could They likewise agreed to Treat upon the Propositions before the Disbanding in which Treaty so much of His Majesties Propositions as concerned His Majesties Revenue Magazines Forts and Ships and the Propositions of both Houses for the Disbanding should be first Treated of and concluded before the proceeding to Treat upon any other And that this Treaty should begin the fourth of March or sooner if it might be and that from the beginning of the Treaty the time might not exceed twenty dayes They fuâ—ther resolved that a Committee of both Houses should be appointed to attend His Majestie if His Majestie should so please to endeavour to give him all humble and fit satisfaction concerning the said Propositions All which their resolutions they forthwith by a Messenger dispatched for that purpose presented to His Majestie and not long after sent a Committee to attend him And though they hoped for a ready concurrence from His Majestie to the Articles of Cessation the
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
the time to come may hold their places by Letters Patents under the great Seale Quam diu se bene Gesserint and that he severall persons not before named that doe hold any of these places before inentioned may be removed That all such persons as have been put out of the Commissions of Peace or Oyer and Terminer or from being Custodes Rotulorum since the first day of April 1642. other then such as were put out by desire of both or either of the houses of Parliament may againe be put into those Commission and Offices And that such persons may be put out of those Commissions and Offices as shall be excepted against by both houses of Parliament That Your Majestie will be pleased to passe the Bill now presented to your Majestie to vindicate and secure the Priviledges of Parliament from the ill consequence of the late President in the Charge and proceeding against the Lord Kimbolton now Earle of Manchester and the five Members of the house of Commons That Your Majesties Royall Assent may bee given unto such Acts as shall be advised by both houses of Parliament for the satisfying and paying the debts and damages wherein the two houses of Parliament have ergaged the publicke Faith of the Kingdome That Your Majestie will be pleased according to a gracious Answer heretofore received from You to enter into a more strict Alliance with the States of the United Provinces and other Neighbour Princes and States of the Protestant Religion for the defence and maintenance thereof against all designes and attempts of the Popish and Jesuitical Faction to subvert and suppresse it whereby Your Subjects may hope to bee free from the mischiefes which this Kingdome hath endured through the power which some of that Partie have had in Your Counsells and will be much encouraged in a Parliamentary way for Your Ayde and Assistance in restoring your Royall Sister and the Prince Elector to those Dignities and Dominions which belong unto them and releeving the other distressed Protestant Princes who have suffered in the same Cause That in the Ganerall Pardon which your Majestie hath bin pleased to offer to your Subjects all offences and misdemeanours committed before the tenth of Ianuary 1641. which have been or shall be questioned or proceeded against in Parliament upon complaint in the House of Commons before the tenth of January 1643. shall be excepted which offences and misdemeanours shall neverthelesse be taken and adjudged to be fully discharged against all other inferiour Courts That likewise there shall be an exception of all offences committed by any person or persons which hath or have given any counsell assistance or encouragement to the Rebells there for the maintenance of the Rebellion As likewise an exception of William Earle of Newcastle and George Lord Digby That Your Majestie will be pleased to restore such Members of either house of Parliament to their several places of Services and Imployment out of which they have been put since the beginning of this Parliament That they may receive satisfaction and reparation for those places and for the profits which they have lost by such removalls upon the Petition of both houses of Parliament And that all others may be restored to their Offices and Imployments who have been put out of the same upon any displeasure conceived against them for any Assistance given to both houses of Parliament or obeying their Commands or forbearing to leave their Attendance upon the Parliament without licence or for any other occasion arising from these unhappy differences betwixt your Majestie and both houses of Parliament upon the like Petition of both houses These things being granted and performed as it hath alwayes beene out hearty prayer so shall we be enabled to make it our hopefull endeavour That your Majestie and your people may enjoy the blessings of Peace Truth and Iuffice The Royaltie and greatnesse of Your Throne may bee supported by the Loyall and bountifull affections of Your people Their Liberties and Priviledges maintained by your Majesties Protection and Iustice And this publicke honour and happinesse of your Majesty and all Your Dominions Communicated to other Churches and States of Your Alliance and derived to your Royall Posterity and the future Generations in this Kingdome for ever H. Elsynge Cler. Parl. D. Com. His Majesties Answer to the Desires and Propositions of both Houses February the third 1642. Received at a Conference with the Lords February the sixt 1642. IF his Majesty had not given up all the faculties of his soul to an earnest endeavour of a Peace and reconciliation with his People or if he would suffer himself by any Provecation to be drawn to a sharpness of Language at a time when there seems somewhat like an Overture of Accommedation hee could not but resent the heavy charges upon him in the Preamble of these Propositions and would not suffer himself to be reproached with protecting of Delinquents by force from Justice his Majesties desire having always bin that all men should be Tryed by the knowne Law and having been refused it with raising an Army against his Parliament and to be told that Armes have been taken up against him for defence of Religion Laws Liberties Priviledges of Parliament and for the sitting of the Parliament in safety with many other particulars in that Preamble so often and so fully answered by his Majesty without remembring the World of the time and circumstances of raising those Arms against him when his Majsety was so far from being in a condition to invade other mens Rights that he was not able to maintain and defend his owne from violence And without telling his good Subjects that their Religion the true Protestant Religion in which his Majesty was born hath faithfully lived and to which he will die a willing Sacrisice thier Laws Liverties Priviledges and safety of Parliament were so amply setled and estavlished or offered to be so by his Majesty before any Army was raised against him and long before any raised by him for his defence that if nothing had been desired but that Peace and Protection which his Subjects and their Ancestors had in the best times enjoyed under his Majesty or his Royall Predecessors this misunderstanding and distance between his Majesty and his people and this generall misery and destraction upon the face of the whole Kingdome had not beene now the discourse of Christendome But his Majesty will forbeare any Expressions of Bitternesse or of a sence of his own sufferings that if it be possible the memory thereof may be lost to the World And therefore though many of the Propositions presented to his Majesty by both Houses appeare to him very derogatory from and destructive to his just power and Prerogative and no way beneficiall to his Subjects few of them being already due to them by the Laws established And how unparliamentary it is by Arms to requite new Laws all the World may judge yet because these may be waved or mollified
and many things that are now darke or doubtfull in them cleered and explained upon debate his Majesty is pleased such is his sence of the miseries this Kingdome suffers by this unnaturall war and his earnest desire to remove them by a happy peace that a speedy time and place may be agreed upon for the meeting of such persons as his Majesty and both Houses shall appoint to discusse these Propositions and such others here following as His Majesty doth propose to them 1 THat his Majesties own Revenue Magazins Townes Forts and Ships which have been taken or kept from his by force be forthwith restored unto him 2 That whatsoever hath been done or published contrary to the known Laws of the Land or derogatory to his Majesties Legall and known power and rights he renounced and recalled that no seed may remaine for the like to spring out of for the future 3 That whatsoever illegall power hath bin claimed and exercised by or over his Subjects as imprisoning their persons without Law stopping thier Habeas Corpusses and imposing upon thier Estates without Act of Parliament c. either by both or either House or any Committee of both or either by any persons appointed by any of them be disclaimed and all such persons so committed forthwith discharged 4 That as His Majesty will readily consent having done so heretofore to the execution of all Laws already made and to any good Acts to be made for the suppressing of Popery and for the firme setling of the Protestant Religion now established by Law so hee desires that a good Bill may be framed for the better preserving of the Book of Common Prayer from the scorn and violence of Brownists Anabaptists and other Sectaries with such clauses for the ease of tender consciences as his Majesty hath formerly offered 5 That all such persons as upon the Treaty shall be excepted out of the Generall Pardon shall be tryed per Pares according to the usuall course and known Law of the Land and that it be left to that either to acquit or condemne them 6 And to the intent this Treaty may not suffer interruption by any intervening Accidents that a Cessation of Armes and free Trade for all his Majesties Subjects may be first agreed upon This offer and desire of His Majestie he hopes will be so cheerfully entertained that a speedy and blessed Peace may be accomplished If it shall be rejected or by insisting upon unreasonable Circumstances be made impossible which he hopes God in his mercy to this Nation will not suffer the guilt of the Bloud which will be shed and the desolation which must follow will lie upon the head of the Refusers However his Majesty is resolved through what accidents soever he shall be compelled to recover his Rights and with what prosperous successes soever it shall please God to bless him that by his earness constant endeavours to propagate and promote the true Protestant Religion and by his Governing according to the known Laws of the Land and upholding the just priviledges of Parliament according to his frequent Protestations made before Almighty God which he will always in violably observe The world shall see that he hath undergone all these difficulties and hazards for the defence and maintenance of those the zealous Preservation of which his Majesty well knows is the onely foundation and means for the true happiness of him and his People Hen. Elsing Cler. Parliament D.C. The Articles of Cessation sent to His Majesty Februar ultimo VVHereas the Lords and Commons in Parlia out of a tender sence of the present miseries and distractions of the Kingdome and for the obtaining and setling of a happy Peace between his Majesty and his People have humbly presented his Majesty divers Propositions to which he hath bin pleased to make this return That his desire was that a speedy time and place might be appointed for the discussing of those Propositions and likewise some others proposed by his Majesty It is thereupon agreed in both Houses that a Committee of both Houses shall be apponited to attend His Majesty on or before the fourth of March if his Majesty shall so please to endeavour to give him all humble and fit satisfaction concerning the said Propositions both his Majesties and their own And whereas for the more speedy removall of the bloudy and miserable effects of war his Majesty hath likewise been graciously pleased by a late Message to signifie his desire That for a voiding all intervening Accidents of war which might interrupt this Treaty there might be a Cessation of Arms under such particular conditions and limitations as should be agreed on Their humble desires therein concurring with his Majesty It is by them assented and agreed That a Cessation of Armes in Order to such a Treaty as is resolved upon by both Houses of Parliament may be enjoyned to all the Armies and Forces now on foot in the Kingdom of England and Dominion of Wales on either side under the restrictions and limitations hereafter following And that neither side shall be bound and limited by this Cessation in any otherwise or to any other purpose then is hereafter expressed 1 THat all manner of Armes Ammunition Victuals Money Bullion and all other Commodities passing without such a safe conduct as may warrant their passage may be staid and seized on as if no such Cessation were agreed on at all 2 That all manner of Persons passing without such a safe conduct as is mentioned in the Article next going before shall be apprehended and detained as if no such Cessation were agreed on at all 3 That his Majesties Forces in Oxfordshire shall advance no neerer to Windsor then Wheatly and in Buckinghamshire no neer to Aylesbury then Brill and that in Berks the Forces respectively shall not advance neerer the one to the other then now they are And that the Parliament Forces in Oxfordshire shall advance no neerer to Oxford then Henley and those in Buckingham no neerer to Oxford then Aylesbury And that his Majesties Forces shall take no new Quarters above twelve miles from Oxford any way And that the Parliament Forces shall take no new Quarters above twelve miles from Windsor any way 4 That no siege shall be begun or continued against Glocester And that his Majesties Forces now employed in the Siege shall return to Câ—…ester and Malmesbury or to Oxford as shall be most for their conveniencie And the Parliament Forces which are in Glocestershire shall remaine in the Cities of Glocester Bristoll and the Castle and Town of Berkley or retire neerer to Wondsor as they shall see cause And that those of Wales which are drawn to Glocester shall return into their Quarters where they were before they drew down to Glocestershire 5. That in cafe it be pretended on either side that the Cessation is violated no Act of Hostility is immediatly to follow but first the party complaining is to acquaint the Lord Generall on the other side
Will. Pierrepoint Will. Armyne B. Witlocke Jo Holland The Kings Reply touching Cessation and desire to enable the Committee to treat upon the Propositions in the mean time and touching His coming to the Parliament C. R. IF the Comittee according to his Majesties desire had had but power to agree in the wording of expressions in the Articles of cessation His Majesties which are as cleer as the matter would bear and as he could make them had not appeared so doubtfull to any but that the cessation might have bin suddenly speedily resolved and that long before this time And if the expression of both Houses in their reasons had not necessitated his Majesty in his own defence to give such answers as could not upon those points deliver truth without some shew of sharpnes no expression of that kind in his Majesties answer had given any pretence for the rejection of or refusing so much as to treat upon this cessation which though it were at present for no long time yet was from the day named by themselves the 25th of March Whereas his Majesty first mov'd for a Cessation and treaty without any limitation at all in the time of either and his Majestie was most ready to have enlarg'd the time so that in the meane while the point of quarters might be so setled as that his Armies might subsist and which might have beene if they had pleas'd a very good and promising earnest and fore-runner of that great blessing of Peace for the obtaining of which the wishes and endeavours of all good men being earnestly bent a farther debate in order to so great a benefit did not deserve to be stiled a consumption of time And his Majesty cannot but conceive himselfe to be in a strange condition if the doubtfulnesse of expressions which must alwayes be whil'st the treaty is at such a distance and power is denied to those upon the place to helpe to cleere and explaine or his necessary Replying to charges layd upon him that hee might not seeme to acknowledge what was so charged or the limitation of the time of seven dayes for the treaty which was not limited by his Majesty who ever desired to have avoyded that and other limitations which have given great interruptions to it should bee as well believed to bee the grounds as they are made the arguments of the Rejection of that which next to Peace it selfe his Majesty above all things most desires to see agreed and setled and which his Majesty hopes if it may bee yet agreed on will give his people such a taste of such a blessing that after a short time of consideration and comparing of their severall conditions in war and Peace and what should move them to suffer so much by a change they will not thinke those their friends that shall force them to it or bee themselves ready to contribute to the renewing of their former miseries without some greater evidence of necessity than can appeare to them when they shall have seen as they shall see if this treaty be suffered to proceed That his Majesty neither asks nor denies any thing but what not only according to Law He may but what in Honor and care of his people He is oblig'd to ask or deny And this alone which a very short Cessation would produce His Majesty esteems a very considerable advantage to the Kingdom And therfore cannot but presse again and again that what ever is thought doubtfull in the expressions of the Articles may as in an hour it may well be done be expounded and whatsoever is excepted at may be debated and concluded and that power and instructions may be given to the Committee to that end That the miserable effects of War the effusion of English bloud and desolation of England untill they can bee totally taken away may by this means be staied and interrupted His Majesty supposes That when the Committee was last required to desire his Majesty to give a speedy and positive Answer to the first Proposition concerning disbanding His Answers in that point to which no Reply hath been made and which He hopes by this time have given satisfaction were not transmitted and received But wonders the Houses should presse his Majesty for a speedy and positive Answer to the first part of their first Proposition concerning disbanding when to the second part of the very same Proposition concerning his return to both Houses of Parliament they had not given any power or instructions to the Committee so much as to treat with his Majesty And when his Majesty if his desire of peace and of speeding the treaty in order to that had not been prevalent with him might with all manner of Justice have delayed to begin to treat upon one part untill they had beene enabled to treat upon the other In which point and for want of which power from them the only stop now remains His Majesties Answers to both parts of their first Proposition being given in transmitted and yet remaining unanswered To which untill the Houses shall be at leisure to make Answer that as little delay in this Treaty as is possible may be caused by it His Majesty desires likewise That the Committee may be enabled to treat upon the following Propositions in their severall orders A Letter from both Houses April 8. WE have sent unto you by this Gentleman Sir Peter Killegrewe some additionall Instructions by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken upon the papers which they received this day from you This is all we have in command and remaine Westminster this 8 of April 1643. Your Lordships humble Servants MANCHESTER Speaker of the House of Peers pro tempore WILLIAM LENTHALL Speaker of the Commons House in Parliament Instructions concerning the Insisting Received April 9. 1643. Additionall Instructions for Algernon Earle of Northumberland William Lord Viscount Say and Seale William Pierrepoint Esq Sir William Armyne and Sir John Holland Baronets Bulstrode Whitelocke Esquire Committees from both Houses attending His Majesty at Oxford Magazines and enlarging the time THe two Houses of Parliament are unsatisfied with his Majesties Answer to that Clause of the first Proposition which concernes the Magazins Wherefore you are to desire his Majesty to make a further Answer in such manner as is exprest in the Instructions formerly given you And you shall let his Majesty know That the Lords and Commons do not think fit to enlarge the time of the Treaty beyond the twenty dayes formerly limited Cinque-Ports Towns Forts and Castles THey likewise remain unsatisfied with his Majesties Answer concerning the Cinque-Ports Towns Forts and Castles being in the most materiall points an expresse denyall Wherefore you are to insist upon their desire for another answer according to your Instructions Shipps THey observe in his Majesties Answer concerning the Ships not only a denyall to all the desires of both Houses But likewise a Censure upon their
proceedings However you are to insist upon their desires expressed in your Instructions Disbanding THey further conceive That his Majesties Answer to their first Proposition concerning the disbanding is in effect a deniall unlesse they desert all those cautions and limitations which they have desired in their answer to his Majesties first Proposition Wherefore you are to proceed Insisting upon that part of their first Proposition concerning the disbanding according to your Instructions KINGS Return to the Parliament YOu shall declare to his Majesty the desire of both Houses of his Majesties coming to his Parliament which they have often exprest with as full ofters of security to his Royall Person as was agreeable to their duty and Allegiance And they know no cause why his Majesty may not repair hither with honor and safety but they did not insert it into your instructions because they conceived the disbanding of the Armies would have facilitated his Majesties resolution therein which they likewise conceived was agreeable to his Majesties Sense who in declaring his Consent to the order of the Treaty did only mention that part of the first Proposition which concerned the disbanding did omit that which concerned his comming to the Parliament Oath of Officers THey conceive the ordinary oaths of the Officers mentioned are not sufficient to secure them against the extraordinary causes of jealousie which have bin given them in these troublesome times And that his Majesties Answer layes some taxe upon the Parliament as if defective and thereby uncapable of making such a Provisionall law for an oath Therefore you shall still insist upon their former desires of such an oath as is mentioned in your Instructions If you shall not have received his Majesties positive Answer to the humble desire of both Houses in these two first Propositions according as they are exprest in your Instructions before the twenty dayes limitted for the Treaty shall be expired you shall then with convenient speed repair to the Parliament without expecting any further direction Jo Brown Cler. Parliamentorum CHARLES REX TO shew to the whole World how earnestly His Majesty longs for peace and that no successe shall make him desire the continuance of his Army to any other end or for any longer time then that and untill things may be so setled as that the Law may have a full free and uninterrupted course for the defence and preservation of the Rights of His Majesty both Houses and his good Subjects 1. As soon as His Majesty is satisfied in His first Proposition concerning His owne Revenue Magazines Ships and Forts in which he desires nothing but that the just knowne legall Rights of his Majesty devolved to Him from His Progenitors and of the persons trusted by Him which have violently been taken from both be restored unto Him and unto them unlesse any just and legall exceptions against any of the persons trusted by Him which are yet unknown to His Majesty can be made appeare to Him 2. As soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641. the same of right belonging unto them by their birth-rights and the free election of those that sent them and having been voted from them for adhering to His Maiesty in these distractions His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill or to such in whose places upon new Writs new elections have been made 3. As soon as His Majesty and both Houses may be secured from such tumultuous assemblies as to the great breach of the priviledges and the high dishonour of Parliaments have formerly assembled about both Houses and awed the Members of the same and occasioned two severall complaints from the Lords house and two severall desires of that house to the house of Commons to joyn in a Declaration against them the complying with which desire might have prevented all these miserable distractions which have ensued Which security his Maiesty conceives can be onely setled by adiourning the Parliament to some other place at the least twenty miles from London the choice of which his Maiesty leaves to both houses His Majesty wil most cheerefully and readily consent that both Armies be immediately disbanded and give a present meeting to both his Houses of Parliament at the time and place at and to which the Parliament shall be agreed to be adjourned His Majesty being most confident that the Law will then recover the due credit and estimation and that upon a free debate in a full and peaceable convention of Parliament such Provisions will be made against sedicious preaching and printing against his Majesty and the establisht Lawes which hath been one of the chiefe causes of the present distractions and such care will be taken concerning the legall and known Rights of his Majesty and the property and liberty of his Subjects that whatsoever hath been publisht or done in or by colour of any illegall Declaration Ordinance or Order of one or both Houses or any Committee of either of them and particularly the power to raise Armes without His Maiesties consent will be in such manner recalled disclaimed and provided against that no seed will remain for the like to spring out of for the future to disturbe the peace of the Kingdome and to endanger the very being of it And in such a convention his Majesty is resolved by his readinesse to consent to whatsoever shall be proposed to him by Bill for the reall good of his Subjects and particularly for the better discovery and speedier conviction of Recusants for the education of the children of Papists by Protestants in the Protestant religion for the prevention of practises of Papists against the State and the due execution of the Lawes and true leavying of the penalties against them to make known to all the World how causelesse those feares and jealousies have been which have been raised against him and by that so distracted this miserable Kingdome And if this offer of His Majesty be not consented to in which he askes nothing for which there is not apparent Iustice on His side and in which He defers many things highly concerning both Himselfe and People till a full and peaceable convention of Parliament which in Justice He might now require His Majesty is confident that it will then appeare to all the World not onely who is most desirous of peace and whose default it is that both Armies are not now disbanded but who hath been the true and first cause that this peace was ever interrupted or these Armies raised and the beginning or continuance of the War and the destruction and desolation of this poore Kingdome which is too likely to ensue will not by the most interressed passionate or prejudicate person be imputed to His Maiesty His MAJESTIES Questions before the Treaty and the Committees Answers March 25 1643. His MAIESTY
desires to be answered these Questions in writing by the Committee of both Houses 1. WHether they may not shew unto Him those Instructions acording to which they are to Treat and bebate with His Majesty upon the two first Propositions of which the last Message from both Houses takes notice and refers unto 2. Whether they have power to passe from one Proposition to the other in the debate before His Majesty have exprest His mind concerning the Proposition first entered into 3. Whether they have power to give an entire Answer to His Majesties first Proposition before His Majesties Reply to any part thereof or to passe from any part of that Proposition to another part of the same before his Majesty hath given a Reply concerning thar part 4. Whether in case His Majesties Answer or Reply to any part of either Proposition doe not satisfie them they have power to send up that His Answer or Reply to both Houses and proceed upon the debate of another part of the same 5. Whether they have power to conclude these two Propositions 6. Whether they have Power to presse or consent unto the execution of either of these two Propositions or any part of them till the whole Treaty be agreed upon Falkland The Committee of Lords and Commons appointed to attend His MAJESTY upon the Treaty do humbly return these Answers to the Questions propounded by His Maiesty March 25. 1643. To the first THey are injoyned not to shew or discover their Instructions or to give any Copy of them To the second Concerning His Majesties first Proposition and the first Proposition of both Houses of Parliament they humbly conceive they may passe from the one Proposition to the other after that His Majesty hath given His Answer to the particular part of either Proposition that shall be in debate To the third They humbly conceive that they are to receive His Majesties reply to that part of the Propostion to which they give their Anser before they proceed to any other part of either Proposition To the fourth They humbly conceive that when they have received His Majesties Answer or Reply to any part of either Proposition wherein they are not satisfied they are to send that His Majesties Answer or Reply to both Houses and in the meane time may proceed to another part of either Proposition To the firfth They humbly conceive they may conclude these two Propositions if they be agreed unto a according to their Instructions To the sixth they humbly conceive they may presse and consent unto the execution of the two Propositions according to their Instructions before the whole Treaty be agreed upon Northumberland Y. Holland B. Whitlock W. Pierrepoint W. Armyn The Papers concerning leave to repaire to HIS MAJESTY March 27. 1643. WHereas we humbly presented to Your Majesty severll Answers to Your Majesties demands in your first Proposition and in reply to those answers we have received severall Papers from Your Majesty Our humble desires are that Your Majesty would be pleased to give us leave to repaire unto you for our farther satisfaction upon any doubts which shall arise amongst us in those Papers we have already received or any other which we shall hereaster receive from your Majesty before such time as we shall transmit them to both Houses of Parliament Northumberland Iohn Holland B. Whitlocke Will. Pierrepoint Will. Armyne March 28. 1643. HIs Majesty is wel pleased that the Committee of both Houses repair unto him for their further satisfaction upon any doubts which shal arise amongst them in the Papers they have aleady received or any other which they shall hereafter received from His Majesty and to which they shall not have acquiesced before they transmit them to both Houses of Parliament FALKLAND The Papers concerning the Revenue March 26. 1643. To that part of Your Majesties first Proposition concerning Your Majesties own Revenue we give this answer THe two Houses of Parliament have not made use of Your Majesties own Revenue but in a very small proportion which for a good part hath been imployed in the maintenance of Your Majesties Children according to the allowance established by Your Selfe And the two Houses of Parliament will satisfie what shall remain due to Your Majesty of those sums received out of Your Majesties owne Revenue And will leave the same to your Majesty for the time to come We likewise humbly propose to Your Majesty that You will restore what hath been taken for your Majesties use upon any of the Bils assigned to other purposes by severall Acts of Parliament or out of the provision made for the warre of Ireland Northumberland Will. Pierrepoint Ioh. Holland Will. Armine B. Whitelocke March 26. 1643. HIs Majesty knowes not what Proportion of his Revenue hath beene made use of by his two houses of Parliament but He hath reason to beleeve that if much of it hath not been used very much remaines still in their hands His whole Revenue being so seized and stopped by the orders of one or both houses even to the taking away of his Money out of his Exchequer and Mint and Bonds forced from his Cofferers Clerkes for the Provision of his Majesties houshold that very little hath come to his Maiesties use for his owne support He is well contented to allow whatsoever hath been imployed in the maintenance of his Children and to receive the Arreares due to himselfe and to be sure of his owne for the future He is likewise willing to restore all Moneys taken for is Majesties use by any Authority from him upon any Bils assigned to other purposes his Majesty being assured he hath received very little or nothing that way and expects that satisfaction be made for all those severall vast sums received and diverted to other purposes by orders of one or both houses which ought to have been paid upon the Act of Pacification to his Subjects of Scotland or imployed for the discharge of the debts of this Kingdom and by other Acta of Parliament for the reliefe of his poore Protestant Subjects of Ireland FAUKLAND March 27. 1643. HIs Majestie desire to be resolved by the Committee from both Houses whether their Proposition to His Majestie to restore what hath been taken for His Majesties use upon any of the Bills c. be a new demand or a condition upon which onely that is granted which goes before Falkland March 27. 1643. WHereas your Majestie desired to be resolved by us whether the Proposition to Your Majestie to restore what hath been taken for Your Majestie upon any of the Bills c. be a new demand or a Condition upon which onely that is granted which goes before We humbly conceive it to be no new demand but whether it be such a Condition upon which onely that which goes before is granted we are not able to resolve Northumberland W. Pierrepout W. Arwyne I. Holland B. Whitelocke March 27. 1643. Whereas we have received Your Majesties Answer of the 26. of
Proposition proceeding from himself yet they received a return much contrary to their expectation where they found many scruples raised and other Articles propounded which being assented unto by them would inevitably destroy the Forces raised by them for The defence of themselves their Religion and Liberty and strengthen the Malignant and Popish Army raised against them which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published and therefore do referre themselves thereunto And in the interim while His Majesty was considering of this their humble Answer they gave power to their Committee to Treat upon the two first Propositions for four dayes which after wards they enlarged to the end of twenty dayes And within some distance of time afterwards they received a very long Message from His Majestie which indeed carried not with it the face or semblance of a Treaty but in plain down right language was a bitter Invective against the two houses of Parliament and their proceedings so that by this time it might very well appear That the enemies of the Kingdoms peace so really prosecuted and likely to be effected by the earnest endeavours of both Houses thought it high time to cast in their tares of sedition to prevent the growth of so blessed a fruit In this Message after very heavy Taxes and unjust Scandals and Accusations laid to their charge forced in quite besides the question His Majestie condiscended to the Cessation in manner as was agreed on by both Houses to continue onely for five dayes expecting a liberty notwithstanding to be given the Committee to word it according to the reall Intention and so that His Majestie might not be understood to consent to any Imposing upon Leavying Distraining or Imprisoning of His Subjects to force them to Contribute expresly protesting against it and Inhibiting his Subjects to submit thereunto and requiring them to resist and so that there might not be a liberty for Seizing upon his Subjects by any Souldiers of the Army for not submitting to such Impositions Which offer of His Majesties being but a Cessation onely for five dayes and some part of that time to be first spent by the Committee in wording of it and limited with a Protestation against and a Command to resist that Power whereby their Forces must be paid and supported which if not answered and justified would by a consent to His Majesties offer imply a declining of that power which might indanger the Disbanding of their Army And if answered would necessarily have enforced them to some sharpnesse of language which the enemics of this Treaty would easily take occasion to quarrel at and perswade His Majestie to break off which the Lord and Commons out of their hearty zeal to bring it to a happy conclusion did purposely avoid and therefore they did not onely passely these Scandals and unjust Accusations laid to their charge by that Message but purposely declined to enter into any dispute of their power for maintaining the Forces raised for their own necessary defence And therefore thought it best to spend the remainder of the time in Treating upon the Propositions and for that end enjoyned their Committee as much as in them lay to hasten it especially that part touching the Disbanding which being concluded would not only produce a temporary Cessation but an absolute abolition of all acts of hostility The proceedings and issue of which Treaty the Lords and Commons think it necessary to publish to the Kingdom to the end the sincerity of their endeavours to procure a happy settlement of these miserable distractions may appear When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation they gave power to their Committee in the mean time to Treat upon the Propositions in order as they had formerly Voted and therefore beginning with His Majesties first Proposition whereby His Majestie demanded That his own Revenue Magazines Towns Forts and Ships which had bin taken or kept from him by force should be forthwith restored unto him The Lords and Commons by their Committee made him this humble Answer First That as to his Revenue they had not made use of it but in a small proportion and a good part of that was imployed for the maintenance of his own children according to the allowance established by himself that what should remain due to His Majestie they would satisfie and would leave the same to His Majestie for the time to come They likewise thereupon propounded to His Majestie That he would restore what had been taken for his use upon any of the Bills assigned to other purposes by severall Acts of Parliament as out of the provision made for the Wars of Ireland which offer of theirs after some debate thereupon with the Committee was thought reasonable and in effect concluded And as to the Demand of the Towns Forts and Ships they in substance gave this humble answer That they would deliver up such as remained in their hands into the hands of such persons of worth qualitie and trust to be nominated by His Majestie as the two Houses of Parliament should confide in none of which persons to be removed during three yeers next ensuing without just cause to be approved of by both Houses That the Warden of the Cinque-Ports and all governours and Commanders of Towns Forts and Castles should keep the same respectively for the service of his Majestie and the safetie of the Kingdom and that they should not admit into them any Forraign Forces or any other Forces raised without His Majesties authoritie and consent of the two Houses of Parliament And they should use their uttermost indeavours to suppresse all Forces raised without such authoritie and consent and seize all Armes and Ammunition provided for any such Forces Unto which Offer of theirs His Majestie gave this conclusive Answer That His Majestie did not intend that both Houses of Parliament should expresse their confidence of the persons to whose trust the Cinque-Ports April 5. or other His Majesties Townes and Forts were or should be committed but that they should have libertie to proceed against them according to Law His Majestie claiming the nomination and free election to belong to him of right And to the Clause concerning the admission of Forces into those Forts Castles and Towns His Majestie would consent no further then these generall tearms That is That no Forces raised or brought in contrary to Law should be admitted and that all Arms and Ammunition should be seiâ—ed upon which by the Lawes and Statutes of the Kingdom they ought to seize They made the like Answer concerning the Ships That they should be delivered into the hands of such noble Person as His Majestie should nominate to be Lord high Admirall of England and the two Houses of Parliament confide in To which offer His Majesty refused His consent declaring His Resolution to insist upon what by
Law was His own as His Majesty was pleased to expresse it and take from Him should be restored unto Him without any conditioning or new lymitations to be put upon Him or His Ministers And now the Lords and Commons will referre it to the world to judge whither their demands were not such and so moderate as was fit and necessary for them to make and just and reasonable for His Majesty to assent unto wherein they may be pleased to consider That this was a Treaty for the disbanding of two Armies and Forces raised in opposition each to other That the Towns Forts and Ships are a great part of these Forces and of the strength of that side that possesseth them That for any one side to demand the possession and power thereof and the other side to disband their forces and quit themselves of all their strength is in effects a totall disbanding of that side and a continuing the forces of the other which must be granted to be most unequall And therefore the Lords and Commons did think it just and honourable That the remaining strength should be put into such hands as both sides might trust Secondly That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in was a Proposition warranted by the frequent * The fourth of Edward the third Articw 1. against Roger Mortimer The King had put to him four Bishops four Earls and four Barons without whose content or of some of them no great businessle was to be transacted Rot. Parham 13 E. 3. N 15 16 The whole Nâ—… dâ—sposed of by Parliament N. 13 14 Admiralls appointed and Instructions given to them N 32 Instructions for the defence of Jersey and a Deputy Governour apointed in Parliament N 35. Souldiers of York Nottingham c to go at the cost of the Countrey and what they are to do N. 36 A Clark appointed for payment of the râ—wages by the oversight of the Lord Percy and Nevill N. 38 Sir Walter Creak appointed keeper of Berwick N. 39. Sir Tho de Wake appointed to set forth the Array of souldiers for the County of York and N. 40 41 42 4 others for other Counties XILLI E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwall shall be Keeper of England N. 35. They appoint the Archbishop of Canterbury the Earls of Lancast Warton and Huntington Councellors to the Duke with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea Coasts N. 42. The Lord of Mowbray appointed Keeper of Berwick R 48 Commission to the L. Mowbray of the Iustices of Lentham N. 53 54. c Commissions of Arra to the Earl of Angou and others XV. E. 3. N. 15. That the Chancellors châ—ef Iustices Treasurers Chancelloâ—s and Barons of the Exche quer c may be chosen in open Pariament and there openly sworn to observe the Law Answer thus That as they fall by death or otherwise it shall be so done in the choyce of a new with you assents c L.E. 3 N. â—0,11 Ordered in Parliament That the King should have at the least tea or twelve Councellors without whom no weighty matters should passe c. N 15. A Commission to the L. Perey and others to appoâ—nt able persons for the defence of the Marches of the East-Riding 1. R. 2. N. 18,12 The Parliament wholly disposeth of the Education of the King and of the Officers c. N. 51. Officers for Gascoine Ireland and Aâ—ton Keepers of the Ports Castles c. II R. 2. Rot. Parl. pars 2. artic 39. The Admiralry N. 37 In a chedule is containe the order of the E of Northumb and others for the desence of the North Sea-Coasts and confirmed in Parliament VI. R. 2. N 11. The Proffer of the Bishop of Norwich to keep the Sea Coasts and accepted in Parliament VIII R. 2. 11.16 The names of the chief Officers of the Kingdom to be known to the Parliament and not to be removed without just cause XI R. 2. N 23. No persons to be about he King or intermedole with the Affairs of the Realm other then such as be appointed by Parliament XV. R. 2. N 15 The Commons name the person to treat of a Peace with the Kings enemies Rot. Parl. 1 H 4 N. 106. That the King will appoint able Captains in England and Wales Stat. 4 H. 4 cup. 31,32,33 primed The wels h men shall bea Office V. H. 4. N. 16. The King at the request of the Commons removed his Confessor and three other men from about him N 37. At the Request of the Commons nameth divers Privy Councellors VII VIII H. 4.26 Power given to the Merchants to name two persons to be Admiralls VII VIII H. 4. N 31 Councellors appointed by Authority of Parliament N 26. Commissions granted in Parliament to keep the Sea Rot. Parl. â— H. 6. N 61 Chancellor Treasurer and Privy Seal appointed by Parliament N. 24. Protector and Defensor Regni appointed by Parliament N 26. Privy Councellors II. H. 6 N 15. Councell named by Parliament IV. H. 6. N. 19. The Duke by common consent in Parliament appoints a Deputy to keep Berwich Castle XIV H. 6 N. 10 The keeping of the Town of Callice is committed to the Duke of Gloâ—cester by Indenture between him and the King and confirmed in Parliament XXXI H. 6 N 41. Roch Earl of Salubury and others are appointed by Parliament to keep the Seas Tunnage and Poundage appointed to them for three yeers 33 H. 6 N. 27. Discharged 39 H. 6 N. 32. The Duke of York made by Parliament Generall Stat 21 â—ac cap. 34. Treasurers and a Councell of War appointed by Parliament and an Oath directed to be by them taken The Earl of Essex made Lord Lievt of the County of Yorke Sir Io. Conniers Lievt of the Tower upon the desire of the Lords and Commons this Parliament With very many more Presidents which to avoid prolixity are purposely omitted Presidents of former times whereby it appeareth that many other Parliaments have made the like and greater demands and His Majesties Predecessors have assented thereunto Thirdly It was a Proposition which his Majestie himself in severall Declarations of his own affirmed to be reasonable and just for in his Majesties Answer to a Petition of the house of Commons January 28.1641 He He expresseth thus For the Forts and Castles of the Kingdom his Majestie is resolved they shall be in such hands and onely in such as the Parliament may safely confide in c. And in another Answer to two Petitions of the Lords and Commons delivered the second of February 1641. His Majesty useth these words That for the securing you from all dangers or Jealousies of any His Majesties will be content to put in all the places both of Forts and Militia in the sevarall Counties such persons as both Houses of Paliament shall
Members to their sitting and Votes It is observable that the demand is made without distinction of persons or offences so that be the persons never so criminous or the offences never so notorious and so the Judgement never so just yet all must be restored or no consent to disbanding And the reason and ground of the Demand is as observable Because they adhered to His Majesty in these distractions An Argument they must confesse much used by the Earl of Strafford in defence of his Treason who would have justified the most notorious Crimes laid to his charge by Authority and Commands derived from His Majesty and his zeal to advance His Majesties Service and profit and no doubt the same reason may be used for the Judges in case of Ship-money and most of the Monopolists and Projectors who by Letters Patents had not onely His Majesties Command and Authority for the doing what they did but brought in great Sums of Money to His use and benefit and that perhaps in times of necessity and want thereof And so consequently because these adhered to His Majesty for what they did was for his profit with the like reason it may be required That all Impeachments and Proceedings against them should be repealed and laid aside And surely nothing can be more destructive and dangerous both to Parliament and Kingdom then the consenting to that Demand For what can be more destructive to both Houses then to restore those persons to have their former suffrage and Votes in Parliament over the lives and Liberties of the People and the Priviledge of Parliament who have not onely disserted the Parliament disobeyed and contemned their Authority neglected the Trust reposed in them by those that sent them thither in whose behalf they were to attend and serve there but by private practises and open hostility have endeavoured to destroy both Parliament and people And it would be an objection of difficultie to answer whether in giving a consent to this demand the people who are to chuse these Members should not be deprived of their interest and freedom of choice and election now divolved unto them by putting out the Members already sent And to this they might adde the danger of the President and the reflection of dishonour that would fall upon both Houses should they consent to this which would be with the same breath as it were to give and repeal their judgement and pronounce sentence of injustice and rashnesse against themselves but they will not insist thereupon in a case otherwise so full of danger and inconveniencie to the publique And touching the Proposition of adjourning the Parliament twenty miles distant from London they shall not need in a case so apparant to spend many words to discover the inconveniencie and unreasonablenesse thereof for should they assent unto it to passe over the inconveniencies that would happen to such persons that should have occasion to attend the Parliament by removing it so far from the residencie of the ordinary Courts of Justice and the places where the Records of the Kingdom remain whereof there is frequent use to be made it would not onely give a tacite consent to those scandals so often pressed and affirmend in severall Declarations That is That His Majestie was forced for the safetie of His own person heretofore to withdraw and hitherto to absent himself from the Parliament which both Houses can by no means admit but must still deny But likewise to that high and dangerous aspersion of awing the Members of this Parliament raised without doubt purposely to invalide the Acts and proceeding thereof And by that engine in case the Popish Armie should prevail against the Parliament which they trust God in his goodnesse will never permit to overturn and nullifie all the good Lawes and Statutes made this Parliament And it would give too much countenance to those unjust aspesirons laid to the charge of the City of London whose unexsampled zeal and fidelity to the true Protestant Religion and the Liberty of this kingdom is never to be forgotten That His Majesty and the Members of both Houses cannot with safety to their persons reside there when as they are well assured That the loyalty of that City to His Majesty and their affections to the Parliament is such as doth equall if not exceed any other place or City in the Kingdom And with what safety the two Houses can sit in any other place when even in the place they now reside the House of Commons was in apparent danger of violence when His Majestie accompanied with some hundreds of armed men came thither to demand their Members let the world judge And now the Lords and Commons must appeal to the judgement of all impartiall men Whether they have not used their utmost and most faithfull endeavours to put an end to the distractions of this Kingdom and to restore it to a blessed and lasting Peace And whether their Propositions being the way thereunto were not such as were reasonable and necessary for them to make and just and Honourable for His Majesty to grant And whether His Mejesties Answer to these Propositions are satisfactory or correspondent to His Expression To have given up all the faculties of His soul to an earnest endeavour of a Peace and Reconciliation With His People But they must confesse that they had just cause to suspect That this would be the happy issue of the Treaty for the prevalency of the enemies thereof who like that evill spirit do most rage when they think they must be cast out was such that they would not proceed therein one step without some attempt or provocation layd in the way to interrupt and break it off for after they had resolved to present their humble desires and propositions to His Majesty their Committee must not without a speciall safe counduct and Protection from Him have accesse to Him a liberty incident to them not only as they are Members of the Parliament and employed by both Houses but as they were free born Subjects and yet when they passed over this His Majesty refused a safe conduct to the Lord Viscount Say and Seal being one of the Committee appointed by both Houses to be employed upon that occasion such a breach of priviledge that they beleeve is not to be paralelled by the example of former times and yet their desire was such to obtain the end they drive at that is a happy and lasting peace That they resolved not to interrupt the Treaty for that time by insisting upon it And then they had no sooner entred upon the Treaty but a Proclamation dated at Oxon the 16 of February 1642. entituled His Majesties Proclamation forbidding all His loving Subjects and the Counties of Kent Surrey Sussex and Hampshire to raise any Forces c. And another Proclamation dated the 8 of February forbidding the assessing and payment of all Taxes by vertue of an Ordinance of both Houses and all entring into Associations were published in
upon the matter all the Propositions made by his Majesty which did not in Tearmes agree with those presented to him are utterly rejected For these Reasons and that this Entrance towards a blessed Peace and Accommodation which hath already filled the hearts of the Kingdome with Joye and Hop may be improved to the wished end his Majesty desires that the Committee now sent may speedily have liberty to treate debate and agree upon the Articles of Cessation in which they and all the world shall find that his Majestie is lesse sollicitous for his owne Dignity and Greatness then for his subjects Ease and Liberty And Hee doubts not upon such a Debate all differences concerning the Cessation will be easily and speedily agreed upon and the benefit of a Cessation bee continued and confirmed to his People by a speedy disbanding of both Armies and a sudden and firme Peace which his Majesty above all things desires If this so reasonalbe equall and just Desire of his Majesty shall not be yeelded unto but the same Articles still insisted upon though his Majesty next to Peace desires a Cessation Yet that the not agreeing upon the one may not destroy the hopes of nor so much as delay the other He is willing however to Treate even without a Cessation if that bee not granted upon the Propositions themselves in that order as is agreed upon and desires the Committee here may be enabled to that effect In which Treaty Hee shall give all his Subjects that satisfaction That if any Security to enjoy all the Rights Priviledges and Liberties due to them by the Law or that happinesse in Church and State which the best times have seene with such farther acts of Grace as may agree with his Honour Justice and Duty to his Crowne and as may not render Him lesse able to protect His Subjects according to his Oath will satisfie them Hee is confident in the mercy of God that no more pretious blood of this Nation will be thus miserably spent My Lord and Gentlemen VVHereas by your former Instructions you are tyed up to a circumstance of time and are not to proceed unto the Treaty upon the Propositions untill the cessation of Arms be first agreed upon You are now authorized and required as you may perceive by the Votes of both Houses which you shall herewith receive to Treat and debate with His Majesty upon the two first Propositions according to those Instructions for four dayes after the day of the receipt hereof notwithstanding that the Cessation be not yet agreed upon Your Lordships most humble servant Manchester Speaker of the House of Peers pro tempore March 24. 1642. Received March 25. Die Veneris 24. Martij 1642. Resolved upon the Question by the Lord and CoÌ„mons in Parliament THat the Committee at Oxon shall have power to Treat and Debate with His Majesty upon the two first Propositions according to their Instructions for four dayes after the day of the receipt of this Message notwithstanding that the Cessation is not yet agree upon Resolved c. THat the Committee formerly appointed to prepare the Articles of Cessation and Instructions for the Committee at Oxon shall consider of an Answer to be made to His Majesties Message this day received And likewise prepare Reasons to be sent to the Committee for them to presse in the Treaty and Debate upon the former Articles of Cessation And to shew His Majesty the grounds why the Houses cannot depart from those former Articles John Brown Cler. Parliamentorum The Votes of both Houses and the Copy of the answer to His Majesty Received Martii 25. 1642. May it please Your Majesty VVEe Your Loyall Subjects the Lords and Commons in Parliament having received a Message from Your Majesty In which you are pleased to expresse Your Selfe not to be satisfied with the Articles of Cessation Presented unto You by our Committee now attending You at Oxford and yet a signification of Your Majesties willingnesse to Treat upon the Propositions themselves even without a Cessation Do with all humblenesse give our consent that our Committee shall have power to Treat and debate with your Majesty upon the two first Propositions according to their Instructions for four dayes after the day of the receit of this Message notwithstanding that the Cessation be not yet agreed upon That as much as in us lyes there may be no delay in the proceedings for the obtaining of a blessed Peace and the healing up the miserable breaches of this distracted Kingdom And do purpose to represent very speedily unto your Majesty those just Reasons and grounds upon which we have sound it necessary to desire of your Majesty a Cessation so qualified as that is whereby we hope you will receive such satisfaction as that you will be pleased to assent unto it and being obtained we assure our selves it will be most effectuall to the safety of the Kingdom and that Peace which with so much zeal and loyall affection to your Royall person and in a deep sence of the bleeding condition of this poor Kingdom we humbly beg of your Majesties justice and goodnesse John Brown Cler. Parl. A Letter from the E of Manchester to the E. of Northumberland Received March 29. MY Lord I am commanded by the Peers in Parliament to send unto your Lordship the Reasons which both Houses think fit to offer unto His Majesty in pursuit of their adhering to their former Resolution concerning the Articles of the Cessation of Arms. MY Lord you shall likewise receive additionall Instructions from both Houses and a Vote which I send you here inclosed My Lord this is all I have in command as Your Lordships most humble servant Manchester Speaker of the House of Peers pro tempore Mar. 27. Die Lunâ—… 27. Martii 1643. Resolved upon the Question by the Lords in Parliament THat the E. of Northumberland their Committee at Oxford is therby authorized to acquaint His Majesty with all their Instructions upon the two first Propositions Joh Brown Cler. Parl. Additionall Instructions March 29. Additionall Instructions agreed upon by the Lords and Commons in Parliament for Algernon Earl of Northumberland William Viscount Say and Seale William Pierpoint Esq Sir William Armine Baronet Sir John Holland Baronet and Bulstrode Whitlock Esq Committees attending His Majestie upon the Cessation and Treaty YOu shall alter the words mentioned in his Majesties third Article in this maner leaving out the words The Army raised by the Parliament and putting in these words The Army raised by both Houâ—es of Parliament You shall humbly present to his Majesty the Reasons herewithall sent from both Houses for their not assenting to those alterations and additions to the Articles of Cessation offered by his Majesty You shall presse the force of those Reasons or any other as there shall be occasion in the best manner you may to procure his Majesties aâ—sâ—… to those Articles of Cessation which if you shall obtain within two dayes after the day of
and be of force within which time notice is to be given as well by his Majesty as by the Lords and Commons to the severall Generalls Commanders and Souldiers respectively to observe the same cessation as it is qualified and limited in those Articles last presented to Your Majesty Northumberland John Holland B. Whitlocke Will Pierrepoint Will. Armyne The Kings question concernning removall of quarters March 31 1643. VVHether by denying the Communication of quarters you intend to restrain the quarters of either Army from each other As that the forces at Abbington may not remove to Banbury or the forces at Henly may not remove to Alisbury or to any other places within the quarter of each army respectively Falkland The Committees answer concerning removall of quarters Mar. 31. 1643. IN answer to Your Majesties question upon the third Article of the Cessation We humbly conceive That it is not intended to restraine the quarters of their Army respectively from each other So as they come not neerer the quarters of the other Army But that the forces at Abbington may remove to Banbury or the forces at Henly may remove to Alisbury or to any other place within the quarters of each Army respectively So as the Forces of either Army respectively come not neerer the quarters of the other armie then they shall be upon the day agreed on for the cessation to begin John Holland B. Whitelocke Northumberland Will. Pierrepoint Will. Armyne The Kings Questions concerning the Cessation March 31. 1643. HIs Majesty desires to be resolved by the Committee of Lords and Commons Whether the Forces of Oxford may not as well go to Reading as the Forces of Henly may to Alisbury Whether His Majesties Forces belonging to the Army at Oxford may not go to Shrewsbury or any other place backwards from London so that in their march they approach no neerer to any quarters of any of the contrary Armies then some of His Majesties Forces shall quarter upon the day agreed upon for the Cessation to begin Falkland The Committees answer concerning the Cessation March 31. 1643. VVE humbly conceive That by our Instructions we are not enabled to give any resolution upon Your Majesties questions concerning the remove all of quarters other than we have already given Northumberland John Holland B. Whitlocke Will. Pierrepoint Will. Armyne A Letter from the Earle of Manchester April 4. MY LORD I Am commanded by the Lords in Parliament to send unto your Lordship these enclosed Votes for the giving your Lordship and the Committee longer time to treat of the first Propositions This is all I have incommand as April 2. Your Lordships most humble servant MANCHESTER Speaker of the House pro tempore Votes of both Houses for four dayes longer to Treat April 4. Die Luna Aprilis 3. 1643. Resolved upon the Question by the Lords and Commons in Parliament Assembled THat further time shall be given to the Committee at Oxon to Treat upon the two first Propositions viz. The first Proposition of His Majesties And the first Proposition of both Houses Resolved c. THat the time prescribed for the Treaty upon the two first Propositions shall be untill Friday next Resolved c. That Friday in this last question shall be taken inclusive Jo Brown Clex Parliamentorum His Majesties Message concerning the Cessation Charles R. HOw His Majesty hath spent His time since the Committee from His two Houses of Parliament came hither how willing Hee hath been during the four dayes allowed to them to expedite the Treaty it selfe by the free and diligent disquisition of the particulars comprized in those two first Articles and how intent He hath been upon the Cessation which He thinks so necessary and so much desires since the last Message concerning the same came to Him the Committee themselves cannot but observe And though no conclusion could be made within the two dayes a time limited with much strictnesse in a businesse of so great moment where all words and expressions must be carefully and exactly weighed His Majesty cannot doubt but both Houses will be willing to give and receive satisfaction in any particulars which are necessarily to bee considered in concluding the same though the two dayes are expired And if His Majesty enlarges Himselfe in His Replies more than may seem necessary to the Propositions and differences in debate It must be remembred by what unnecessary and unwarrantable Expressions in this last Message from His two Houses He is not only invited but compelled thereunto which He could heartily have wished might upon this occasion have been forborne 1. For the freedom of trade His Majesty hath great reason to require and the two Houses to admit that freedom to His good Subjects He desired For what concerns the supply of the Army with Arms Ammunition money Bullion and Victuals He consented to the very tearms proposed by the two Houses and that they may be observed is contented that searches may be made which being but the trouble of particular persons is not considerable in respect of the publique benefit and advantage But why all other liberty of traffique and Commerce should not be granted to His good Subjects He cannot understand for that His Majesties armie should receive much advantage thereby and the contrary army none is in no degree confessed For besides the restraint is to places where no part of His Majesties army is and indeed the whole trade of the Kingdom interrupted t is as great a support if not a greater to the contrary army to maintain and keepe up the trade of London from whence that receives its supply and reliefe as to his Majesties army to continue the trade of Oxford or any other place where Forces recide and to stop and seize the cloth Kerâ—…ies and other Western commodities which his Majesty can daily do from Reading would be as great disturbance to the Trade of London as the seizing of any commodities which may be done by the E. of Essex from Windsor or Wickham can be to the Trade of Oxford And therefore his Majesty hath great reason to presse that mutuall and universall Freedom to all his good subjects may be granted Otherwise he must either permit that Licence to his army to seize the goods of his people in their passage to London and to interrupt and break the Trade and correspendence of the Kingdom which bott our of publique consideration and private compassion his Majesty is most averse from or else must grant that evident benefit and advantage to those who deny the same to him and to his people for his sake And it cannot be denyed but this Freedom is so very beneficiall to his subject and so wholly considerable to his Majestie under that Notion that their very subsistance depends upon it and by this means Trade may be continued which if a little more suppressed by these distractions will not be easily recovered even by a setled Peace His Majesty believes that some Carriers have bin robbed
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