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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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His Majesties Name containing most bitter invectives and scandalls against the proceedings of both Houses by stiling them and such as obeyed them Traitors and Rebels charging them under the name of Brownists Anabaptists and Atheists to endeavour to take away the Kings life and to destory His Posterity the Protestant Religion and the Laws of the Kingdoms with many other such scandalls and aspersions and even at this time were many designs practising against the Parliament which in all probability were the grounds and reasons of His Majesties confidence and deniall of their just desire Insomuch That His Majesty in a Letter sent from Him to the Queen and read in the House of Commons did declare That He had so many fine designs layd open to Him that He knew not which first to undertake One whereof probably was the most bloody and barbarous design upon Bristoll attempted though by Gods infinite mercy prevented during the Treaty And whether that of Sir Hugh Cholmleys in betraying of Scarborough Castle wherwith he was entrusted by the Parliament to the Queens hands and acted likewise during the Treaty And that of Killingworth Castle which should have been likewise betrayed and a design discovered by a Letter found in the Earle of Northamptons pocket slain neere Stafford written to him from Prince Rupert were some of the other designs mentioned in His Majesties Letter they cannot certainly affirm but conjecture And when this collaterall provocations and attempts could not prevaile to make them desert the Treaty then comes in His Majesties Message of the fourth of April which they have mentioned before charging them to abuse the people with imaginary dangers and pretended fears to use force and Rapines upon His good Subjects with publishing new doctrines That it is unlawfull for the King to do any thing and lawfull to do any thing against Him with malice and subtilty to abuse the people that their pleasure is all their bounds with many other such bitter expressions that no man could think such an Answer could be any part of a Treaty or at least to proceed from a heart that desired a happy issue thereunto Notwithstanding all which the Lords and Commons were so resolutely fixed to prosecute that Treaty and if possibly they could to bring it to a blessed and happy conclusion that they were content to lye under all these scandalls and endure all these wounds so they might make up the breaches of the Common-wealth And therefore they did forbear the returning of an Answer to any of these provocations And then when that Malignant and Popish party too too prevalent with his Majesty preceived their constancie not to be provoked to break that Treaty of their part they found it necessary to seduce His Majesty to refuse His consent to their most necessary and just desires and to propound such things as could not with the peace and safety of the Church and State be yeelded to and so effected their own desires All which The Lords and Commons thought it their duty to publish to the Kingdome to the end that they may see that what hath been long endeavoured by subtill and secret practises is now resolved to be effected by open violence and hostility That is the destruction of our Laws and the Protestant Religion and introducing of Popery and Superstition and that there is little or no hope by any endeavour of a Treaty to procure the peace of this Church and Kingdom unlesse both be exposed to the will and pleasure of the Popish party untill the Army and forces now raised and continued by them be first destroyed or suppressed And therefore the Lords and Commons do hope that not only such as are already convinced of their designe and malice but even those that by their subtile and false pretences have been ignorantly seduced to joyn with them that love their Liberty and the Protestant Religion will now with one heart and minde unite together to preserve their Religion and Liberty In the defence whereof The Lords and Commons are resolved to offer up themselves their lives and fortunes a willing Sacrifice Die Sabbati 6 May. 1643. A Declaration upon the Result of the Treaty brought in with some amendments was this day read in the House of Commons and Ordered to be delivered unto the Lords at a Conference And it is further Ordered by this House That this Declaration shall be Printed and Master Glyn do take care for the Printing of it and that none shall Print or re-Print it but such as Master Glyn shall appoint to the end That by his care the Records may be rightly cited and the Letters and other matters Ordered to be Printed with it be carefully Printed H. Elsynge Cler. Parl. D. Com. Die Sabbati 6 May. 1643. IT is this day ordered by the Commons now Assembled in Parliament That all the Passages of the Treaty at Oxford shall be Printed and Master Whitlock take care for the Printing of it and none shall Print or re-Print it but such as Master Whitlock shall appoint to the end That the same may be truely Printed Hen. Elsynge Cler. Parl. D. Com. 18 May 1643. VVE do appoint Edward Husbands to Print the said Declaration Letters and proceedings in the late Treatie John Glyn. Bolstrode Whitlock FINIS
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 C●…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
so tender of seeming to censure their proceedings as by waving his own true reasonable Justifications to leave his owne naked and exposed to a generall censure And his Majestie hopes that since they esteem his saying that they have taken his Ships from him contrary to Law to be a Censure they will either produce that Law by which they tooke them or free themselves from so just and unconfutable a censure by a speedie and unlimited restoration Upon which demand his Majesties care of his ancient and undoubted Rights doth oblige him to insist And when his Maiestie shall thinke fit to make an Admirall as neere as he can he shall be such an one against whom no iust exception can be made and if any shall be offered he will readily leave him to the triall of the Law Falkland The Papers concerning an Oath for Officers March 29. 1643. VVE are humbly to desire your Maiestie that all Generalls and Commanders in any of the Armies on either side as likewise the Lord Admirall of England the Lord Warden of the Cinque-Ports all Commanders of any Ships and Commanders of any Towne Castle or Fort may take an oath to observe the Articles formerly mentioned and to use their utmost power to preserve the true reformed Protestant Religion and the peace of the Kingdome against all forraign Forces and all other Forces raised without your Maiesties authority and consent of the two houses of Parliament Northumberland W. Pierrepont W. Armine J. Holland B. Whitelocke April 5. 1643. HIs Majestle conceives the Oathes which all those Officers are already by Law obliged to take to bee very fully sufficient But if any thing shall be made appeare unto him necessary to be added thereunto when there shall be a full and peaceable Convocation in Parliament his Majestie will readily consent to an Act for such an addition Falkland April 10. 1643. BY Instructions yesterday received from both houses of Parliament we are commanded humbly to informe your Majestie that both houses of Parliament conceive the ordinary Oathes of the Officers mentioned in your Answer concerning the same are not sufficient to secure them against the extraordinary Causes of iealousie which have beene given them in these troublesome times And that your Maiesties Answer layes some taxe upon the Parliament as if defective and thereby uncapable of making such a provisionall Law for an Oath Therefore we are humbly to insist upon our former desires for such an Oath as is mentioned in those Papers which we have formerly presented to your Maiestie concerning this matter Northumberland Iohn Holland W. Armine W. Pierrepont B. Whitelocke April 14. 1643. HIs Maiestie did not refuse by his former Answer to consent to any such Oath as shall bee thought necessary though he did and doth still conceive the Oathes already setled by Law to be sufficient neither did he ever suppose the Parliament incapable of making a provisionall Law for such an Oath but as he would be willing to apply any proper remedie to the extraordinary Causes of Jealousies if he could see that there were such causes so hee will be alwayes most exact in observing the Articles agreed on in preserving the true reformed Protestant Religion and the peace of the Kingdome against forraign Forces and other Forces raised or imployed against Law And when both houses shall prepare and present sent such an oath as they shall make appeare to his Majesty to be necessary to those ends his Majesty will readily consent to it Falkland The Papers concerning the disbanding of the Armies March 28. 1643. His Majesties Answer to the first Proposition of both his Houses of Parliament HIs Majesty is as ready and willing that all Armies be disbanded as any person whatsoever and conceives the best way to it to be a happy and speedy conclusion of the present Treaty which if both houses will contribute as much to it as his Majesty shall doe will be suddenly effected And that this Treaty may the sooner produce that effect His Majesty desires that the time given to the Committee of both houses to treat may be enlarged And as his Majesty desires nothing more then to be with his two houses so he will repaire thither as soon as he can possibly doe it with his honour and safety Falkland March 29. 1643. VVE are directed by our Instructions humbly to desire your Majesties speedy and positive answer concerning the disbanding of the Armies to which if your Majesty be pleased to assent we are then to beseech your Maiesty in the name of both houses that a neere day may be agreed upon for the disbanding of all the Forces in the remote parts of Yorkeshire and the other Northern Counties as also in Lancashire Cheshire and in the Dominion of Wales and in Cornewall and Devonshire And they being fully disbanded another day may be agreed on for the disbanding of all Forces in Lincolnshire Nottinghamshire Leicestershire and all other places except at Oxford and the Quarters thereunto belonging and Windsor and the Quarters therunto belonging And that last of all a speedy day may be appointed for the disbanding of those two Armies at Oxford and Windsor and all the Forces members of either of them That some Officers of both Armies may speedily meet to agree of the manner of the disbanding and that fit persons may be appointed by your Majesty and both houses of Parliament who may repaire to the severall Armies and see the disbanding put in speedy execution accordingly Northumberland W. Pierrepont W. Armyne I. Holland B. Whitlocke March 29. 1642. Concerning Your Majesties Answer to the Proposition of both Houses for disbanding of the Armies VVE humbly desire to know if by the words By a happy and speedy Conclusion of the present Treaty your Majesty doe intend a conclusion of the Treaty on your Majesties first proposition and their proposition for disbanding the Armies or a conclusion of the Treaty in all the propositions of both parts We have given speedy notice to both houses of Parliament of your Majesties desires that the time given to the Committee of both houses to treat may be enlarged To the last Clause we have no Instructions Northumberland W. Pierrepoint I. Holland W. Armyn B. Whitlock April 5. 1643. HIs Majesty intended by the words By a happy and speedy conclusion the Treaty such a conclusion of or in the Treaty as there might be a cleere evidence to himselfe and his good Subjects of a future peace and no ground left for the continuance or growth of these bloody dissentions which he doubts not may be obtained if both houses shall consent that the Treaty may proceed without further interruption or limitation of daies FALKLAND April 5. 1643. WHen the time for disbanding the Armies shal be agreed upon His Majesty well approves that some Officers of both Armies may speedily meet to agree of the manner of disbanding and that fit persons may be appointed by his Majesty and both Houses of Parliament who may repaire
desire it may be considered What security this will be to the Kingdom to prevent the raising or bringing in of Forces contrary to Law who shall be Judges of the Law when those Forces are once raised and once brought in Surely His Majesty will not acknowledge the two Houses of Parliament to be for His Majesty by severall Declarations hath expresly denyed them any such power For contrary to their Declarations fortified with Law and reason His Majesty published and affirmed the legallity of the Commission of Array and put the same in execution in most parts of the Kingdom Hath authorized the Papists of the Kingdom to take Arms to oppose the Parliament and their Proceedings and to rob spoyl and deprive the Protestants of this Kingdom of their estates and lives Hath by divers Proclamations and Declarations published the raising of Forces and taking up of Arms by the two Houses of Parliament and such as therein obey their Commands for their own defence and the defence of their Religion and Liberty assaulted by an Army of Papists and their adherents to be Rebellion and Treason and the taking up of Arms by the Papists and their adherents to be acts of duty and loyalty And all this urged and pretended to be warranted by the Law of the Land And they do not doubt but by the same Law persons legally impeached and accused in Parliament of high Treason as the Lord Digby Master Percy Master Jermyn Master Oneale and others are by the Power of an Army protected from the Justice of the Parliament And yet all this while the people have not onely his Majesties promise but His Oath to govern and protect them according to the Laws of the Land And now they appeal to the world Whether such a generall Answer That no Forces raised or brought in contrary to Law without admitting them so much as to declare their confidence in the persons that are to be entrusted with the Power be just or reasonable What is it otherwise in effect then to make those persons that are the Instruments to violate the Law Judges of that Law which to our sad experience is the wofull and miserable present condition of this Kingdom And though by what had hitherto passed they had little cause to suspect such a happy issue to the Treaty as they heartily wished and most earnestly laboured for discovering not the least inclination of complyance to their just Demands but all or most of them answered with a denyall and that not without some sharpnesse and acrimony yet resolving to be wanting in nothing of their parts they enjoyned their Committee to presse on the Proposition for disbanding and humbly desire His Majesties positive Answer thereunto which if assented unto by His Majesty would though not wholly take away the cause and perfectly cure the distractions of this Kingdom yet at least take off the smart and pain under which both Church and State do most miserably languish and so better enable them to endure the expectation of a thorow Cure The Committee applyed themselves to His Majesty accordingly and after some endeavour to protract the debate of this Proposition and desire that it might be deferred to the conclution of the Treaty and that the time of the Treaty might be enlarged His Majesty being earnestly importuned to a positive and speedy Answer to the end the Kingdom might know what they might trust to His Majesty was pleased to return this Answer That as soon as His Majesty were satisfied in His first Proposition concerning His own Revenue Magazines Ships and Forts Secondly as soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of January 1641 not intending to extend it to the Bishops Votes or to such in whose places upon new Writs new Elections have been made Thirdly as soon as His Majesty and both Houses might be secured from such tumultuous assemblies as formerly assembled about both Houses which security His Majestly explains can be onely setled by adjourning the Parliament to some place twenty miles from London His Majesty would consent that both the Armies should be disbanded and come to the Parliament which in terms plain enough is as much to say That untill both Houses shall consent to those demands he will not disband His Army He will continue the Warre And what reason or justice is either in the matter or manner of those demands Or what hope or expectation the people can have to see an end of their present calamities they leave it to themselves to judge His Majesty in the beginning of the Treaty in His answer to the Propositions of both Houses was pleased to expresse how unparliamentary it was by Arms to require new Laws but how to apply that the two Houses of Parliament they must confesse they are to seek they never having demanded any new Laws by Arms endeavouring onely what in them lieth to preserve and defend themselves their Religion and Laws from the violence of an Army first raised against them which being laid down and disbanded they offer to disband theirs without any other condition But they are well assured That by this His Majesties Answer here is not onely a requiring of new Laws but a repealing of the old by Arms For His Majesty must have this Parliament adjourned to another place which by a Statute made this present Parliament cannot be done without the consent of both Houses He must have the Members disabled to sit there by the respective judgement of both Houses restored to their former capacity of sitting and voting or he will not consent to disband And how destructive to the Liberties of the Parliament and dangerous to the Kingdom these Conditions required by His Majesty to precede the disbanding are any man that hath an eye to see may easily discern As first To satisfie his first Proposition in yeelding up the Magazines Ships and Forts into the hands of such persons as His Majestie shall appoint to receive the same without any admission to the two Houses to expresse their confidence in those persons which being performed were to yeeld up the principall part if not all the strength they have and expose themselves Religion and the Kingdom to the mercy of a powerfull Popish Army raised against them and submit it to them and to the will and pleasure of those Councellors whose interest with His Majesty hath brought this Kingdom to this desolate condition whether they would disband or not Secondly To satisfie Him in His Proposition touching His Revenue wherein He demands a restitution of what hath been taken from Him Which though it would prove no considerable Sum yet the time that the examination and agreement upon the accompt would necessarily take up would prove such as might very well make the Kingdom sink under the burden of two Armies before it came to a conclusion And touching His Majesties requiring a restitution of the
concerning the Townes Forts Castles Magazines and Ships that then his Majestie be humbly intreated to name Persons of Qualitie to receive the charge of the severall Offices and Forts Castles and Townes to be forthwith certified to the two Houses of Parliament that thereupon they may expresse their confidence in those persons or humbly beseech his Majesty to name others None of which Persons shall bee removed during three yeares next ensuing without just cause to be approved by Parliament and if any be so removed or shall dye within the said space the Person to be put into the same Office shall be such as both Houses shall confide in That all Generalls and Commanders in any of the Armies on either side as likewise the Lord Admirall of England the Lord Warden of the Cinque-ports All Commanders of any Ships and Commanders of any Towne Castle or Fort shall take an Oath to observe these Articles aforementioned And to use their uttermost power to preserve the true reformed Protestant Religion and the Peace of the Kingdome against all Forraigne Force and all other Forces raised without his Majesties authoritie and consent of the two Houses of Parliament You shall move his Majesty that for the better dispatch of the Treaty and the free intercourse of Instructions and advertisements betwixt the two Houses of Parliament and the Committee that there may bee a free passe of Messengers to and from the Parliament and the Committees Without search or interruption and his Majesties safe Conduct to bee obtained to that effect to such Persons as are or shall be appointed for that service viz. For Mr. Iohn Rushworth Mr. Michael W●lden Mr. Iohn Corbet of Graies Inne and Mr. Iames Standish H. Elsynge Cler. Parl. D. Com. 23 Martii 1642. The Kings Message concerning the Cessation CHARLES R. HIs Majesty hath immediately upon their arrivall admitted the Committee sent to Him from both Houses of Parliament as the Messengers of Peace to his Royall Presence and received the Articles of Cessation brought by them which are in effect the same his Majesty formerly excepted to though their expression in the Preface to these Articles of their readinesse to agree to those Alterations and Additions offered by his Majesty in such manner as is expressed made Him expect to have found at least some of the reall Alterations and Additions made by him admitted which He doth not discover 1. His Majesty desired the Provision might be made and Licence given to his good Subjects for their freedome of Trade Traffique and Commerce though in matters which concerned Himselfe more immediately as in Armes Ammunition Money Bullion and Victuall for the use of his Army and the Passage of all Officers and Souldiers of his army Hee was contented the restraint should be in such manner as was proposed of which his Majestie is so tender that as he hath provided for the same by His gracious Proclamations so He doth daily release and discharge such Merchandize and Commodities as are contrary to those Proclamations stayed by any of his Majesties Forces To this freedome and liberty of his good subjects there is not the least admission given by these Articles so that they have not any Ease or benefit by this Cessation which his Majestie desires both Houses to consider of and whether if his Majestie should take the same course to stop and interrupt the Trade of the Kingdome as the other Army doth a generall losse and Calamity would not seize upon his good Subjects 2. His Majesty to the end that a full Cessation might be as well at Sea as at Land and He might be secured that the Ships proposed to be set forth for the Defence of his Majesties Dominions should be employed onely to that end and purpose desired that they might be put under the Command of Persons to be approved of by his Majesty which is not consented to by these Articles but their former to which his Majesty excepted strictly and entirely insisted on by which besides that part of Hostilitie remaines the conveying of any number of Forces from any part to any other by that meanes remaine free to them 3. For the Prevention of any Inconveniences which might arise upon reall Differences or Mistakes upon the Latitude of expressions as if his Majesty should now consent to these Articles proposed in the Termes proposed He must confesse the Army of which he complaines to bee raysed by the Parliament and either himselfe to be no part of the Parliament or Himselfe to have raised that Army and for prevention of that delay which He foresaw could not otherwise be avoyded if upon every Difference the Questions must be remitted to London His Majesty desired that the Committee for whom He then sent a safe Conduct might have liberty to debate any such Differences and Expressions and reconcile the same that all possible Expedition might be used to the mayne Treaty In this point of so high Concernment no power is given in these Articles and the Committee confessed to his Majesty they have no power given but are strictly and precisely bound to the very words of the Articles now sent and that before these are consented to by us they cannot enter into any Treaty concerning the other Propositions 4. His Majesty desired that during the Cessation none of his good subjects might be imprisoned otherwise then according to the knowne Lawes of the Land This is in no degree consented to but the priviledge and liberty to which they were borne reserved from them till the disbanding of both armies though they are no part of either Army and so have no benefit by this Cessation 5. His Majesty desired that during this Cessation there should be no Plundering or violence offered to any of his Subjects In the Answer to which His desire against violence is not at all taken notice of nor is his desire against Plundering any wayes satisfied his Majesty not only intending by it the robbing of the Subject by the unrulinesse of the uncommanded Souldier which their clause of requiring the Generalls and officers to keep them from it seemes to imply And the assertion that the two Houses of Parliament had ever disliked and forbidden it declares plainly to be their only meaning but particularly the violence and Plundring us'd to his Subjects by forcibly taking away their goods for not submitting to Impositions and Taxes required from them by Orders or Ordinances of one or both houses of Parliament which are contrary to the knowne Lawes of the Land Besides that there is no consent given to those alterations and additions offered by his Majesty whatsoever is pretended so where an absolute consent may be supposed because the very words of his Majesties Article are wholly preserved yet by Reason of the Relation to somewhat going before that is varyed by them the sence of those words is wholly varyed too as in the fourth Article that part of the Third article to which that did referre being wholly left out So that
the two first Propositions notwithstanding the Cessation be not yet assented to And those being agreed they hope the foundation will be layd not only of a suspention but a totall abolishion of all hostility in the Kingdom 4. If the nature of War be duly considered it must needs be acknowledged That it is incompetible with the ordinary rules of a peaceable government Your Majesty would have them commit none but according to the known Laws of the Land whereby they conceive Your Majesty understands that it must be by the ordinary Processe of Law which being granted it will follow That no man 〈◊〉 be committed by them for supplying Your Majesty with Arms Powder and Ammunition for by the Law of the Land the Subject may 〈◊〉 such goods from London or any other place to Oxford the Souldiers most not be committed if they run from their Colours and refuse any duty in the Army No man shall be committed for not submitting to necessary supplies of money so that if this bee yeelded in Your Majesties sense they shall be disabled to restrain supplies from 〈◊〉 enemies and to govern or maintain their owne Souldiers it cannot be thought reasonable that under the disguise of a Cessation they should admit that which will necessarily produce the dissolving of the Army and destruction of the Cause It seems not probable That Your Majesty doth intend that if any be taken with supplies for this Army or ●…tining in Your own that such persons shall not be committed but according to the knowne Laws of the Land that is by Processe of Law Put rather that your Majesty will so interpret this limitation of knowne Lawes that although it layes straight ●o●… upon the two Houses yet it leaves Your Generalls as much liberty as before for it hath been denied by your Majesty that these knowne Lawes give any power to the two Houses of Parliament to raise Arms and so consequently their Generall cannot exercise any marshall law in those cases and it is not unlike but that it will be a●…ed That the Generalls constituted by your Majesties Commission have that power by the same known Laws So that this Article under the specious shew of liberty and Law would altogether disable them to defend their liberties and Lawes and would produce to your Majesty an absolute victory and submission under pretence of a Cessation and treaty 5. Being by necessity inevitable on their part enforced to a defensive Warre in this unhappy breach betweene your Majesty and them and that they are therein warranted both by the Lawes of God and man it must needs follow that by the same Law they are enabled to raise means to support that Warre And therefore till it shall please God to encline your Majesty to afford them such a peace as may secure them they cannot relinquish the power of laying taxes upon those who ought to joyn with them in that defence and the necessary wayes of leavying those taxes upon them in case of refusall for otherwise their Army must needs be dissolved But if your Majesty shall consent to disband the Armies the cause of the Warre being taken away the consequences will likewise be removed and the Subject restored to the benefit of those Lawes which the necessity of Arms hath in such cases suspended 6. They deny any pretence of consenting to those alterations and additions offered by your Majesty only in the Preamble they say they have considered of those Articles with such alterations and additions unto which Articles they profest they were ready to agree not as they were accompanied with those alterations and additions but in such manner as they expressed As for the clause left out in the third Article it implied a freedome of passage and communication of quarters which is contrary to the nature of a Cessations whereby matters should bee preserved in the state they are and neither party have liberty so much to advantage himselfe as it is evident your Majesty might doe if Your Forces in the North and West might joyne with those at OXFORD and bring those supplies of treasure or Armes thither which were brought out of HOLLAND or at least it should be so indifferent as to give a proportionable advantage to the other side which this doth not for the Forces under the power of both Houses are so disposed that they have an easie passage from one to the other but your Majesties Forces are severed the one from the other by many large Counties strong passes and competent Armies and if they had admitted this clause they had bereaved themselves of one of the greatest advantages and freed Your Majesties party of one of the greatest inconveniencies which your Majesty or they have in this War For the Reasons already alleadged They cannot agree to the alterations and enlargements of the Cessation propounded or to transferre any such power to the Committee of Treating debating and agreeing upon those Articles in any other manner than the Houses have directed but that a fair and speedy passage may bee opened to a secure and a happy Peace They have enabled their Committees to treat and debate upon the two Propositions concerning His Majesties own Revenue the delivery of His Townes Castles Magazines and Ships and the disbanding of the Armies which being agreed upon a present peace and security will follow and the Treaty upon the other Propositions bee facilitated without feare of interruption by the confusion of Warre or exasperation of either party by the bloody effects thereof In which Treaty the two Houses will desire and expect nothing but what doth stand with Your Majesties Honour and the trust reposed in You and is necessary for Your Majesties good Subjects that they may enjoy the true Religion and their Liberties and Priviledges and that they may freely and in a Parliamentary way concurre with Your Majesty in those things which may conduce to the glory of God the safety and happinesse of Your Majesty and Your Posterity and people and preventing the like miserable effusion of English bloud for the time to come for the effecting whereof Their most earnest Prayers and uttermost endeavours shall ever be faithfullly and constantly employed in hope that God will give a blessing thereunto Hen. Elsynge Cler. Parl. D. Com. Additionall Instructions concerning the Cessation March 29. IN case we shall obtain Your Majesties assent to the Articles of Cessation as they were last presented to Your Majesty within two dayes after the day of the receipt of the reason this day presented to Your Majesty from both Houses for their not assenting to those alterations and additions to the Articles of cessation offered by Your Majesty We are authorized by our Instructions this day received in the name of both Houses of Parliament to agree and conclude upon the Cessation to continue to the end of twenty days to be reckoned from the 25 of this instant march and upon a day certain assoone as may be when the same shall first begin
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 sei●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
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