Historical Collections of Private Passages of State: Volume 5, 1642-45. Originally published by D Browne, London, 1721.
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The Treaty of Oxford
Of the Proceedings in Order to the Treaty at Oxford;
the particular Managing thereof) its breaking off without Success, and subsequent Declarations thereupon.
There had been (as is before set forth) Overtures for a Treaty in November 42, but by reason of the unexpected Action at Brainford, no further Progress was made therein, till towards the latter End of January following: And then the Parliament resolved to send some Propositions to the King, and named their Commissioners, two Lords and four Commoners, for whom they desired of his Majesty a Safe-conduct, that they might attend him with the said Proposition; But the Lords nominated, being the Earl of Northumberland and the Lord Say, the King refused to grant a Safe-conduct for the Latter, as being excepted against by Name in his Proclamation at Oxford of the 3d of November, and by Writ to the Sheriff proclaimed then in the County, in which his Majesty's Intention was declare to proceed against him as a Person guilty of High Treason, and so falling to be within the Case of Sir John Evelyn, who, upon the same Exception, was not admitted to attend his Majesty with the Rest of the Committee at Colebrook in November last. Hereupon there were nominated four Lords and eight Commissioners, to whom his Majesty gave his Safe-conduct.
The Majesty's Safe conduct to Commissioners that were to attend him with Propositions, January 28. 1642–3.
Our Will and Pleasure is, and we do hereby streightly Charge and Command all the Officers and Soldiers of our present Army, and all our Ministers and Subjects whatsoever, to permit and suffer our Right Truly and Right Well-beloved Cousins and Counsellors Algernon Earl of Northumberland, Philip Earl of Pembroke and Montgomery, William Earl of Salisbury, and Henry Earl of Holland; our Right Trusty and Well beloved Thomas Viscount Weenman, and Richard Viscount Dungarnon; and our Trusty and Well-beloved Sir John Holland and Sir William Litton, Knights, William Pierrepoint, Bulstrode Whitlock, Edmund Walker, and Richard Winwood, Esquires, together with their Servants, to pass and repass to and from us, they being sent to tender us Propositions from our two Houses of Parliament. This our Safe conduct under our Sign Manual and Privy Signet, We charge and command them, and every of them punctually to observe and obey at they will answer the contrary at their utmost Perils.
Given at our Court at Oxford, the 28th of January, 1642.
Accordingly the Commissioners set forwards, the Commissioners being admitted by the Peers (two with each Lord) in their Coaches, and their Servants, to a great Number, attended them on Horseback. In which Equipage being come to Oxford, the Governour assigned them their Quarters. Their first Admittance to the King was in Christ-Church Garden, where he was walking with the Prince, and divers Lords attending. All the Commissioners kissed his Majesty's Hand, but not in that Order as they were rank'd in the Safe-conduct, but according to their Degrees by Birth, Mr. Pierrepoint before the Knights, he being an Earl's (viz. the Earl of Kingston's) Son, and Mr. Winwood before Mr. Whitlock, he being the eldest Knight's Son, and Mr. Walker was last; to whom the King said, Though you are the Last, yet you are not the Worst, nor the Least in my Favour. Which, afterwards, was interpreted to have respect to the Design then in Hand in London, and sometime after discovered, wherein Mr. Walker, and Thompson, and Challoner, &c. were concerned. The Earl of Northumberland read the Propositions to the King, and being once interrupted by his Majesty, he said, Your Majesty will give me Leave to proceed? The King answer'd, I, I: And so the Earl read them all through; being as followeth.
The humble Desires and Propositions of the Lords and Commons in Parliament assembled, tendered to his Majesty, Feb. 1, 1652.
The Parliaments Propositions, February 1, 1642–3.
We your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, having in our Thoughts the Glory of God, your Majesty's Honour, and the Prosperity of your People, and being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed your two Kingdoms of England and Ireland, since your Majesty hath, by the Perswasion of evil Counsellors, withdrawn yourself 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 Earl of New-castle; likewise by making 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 Blood hath been spilt, and the Papists have attained Means of attempting, and Hopes of effecting their mischievous Design of rooting out the reformed Religion, and destroying the Professors thereof. In the tender Sense 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 Majesty's Dominions. And as we have rendered, and still are ready to render unto 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 Royal Predecessors, and graciously to accept and grant these most humble Desires and Propositions.
These 5 Bills were sent with the Commissioners, but are too long to recite.
I. That your Majesty will be pleased to disband your Armies, as we likewise shall be ready to disband all those Forces which we have raised; And that you will be pleased to return to your Parliament.
II. That you will leave Delinquents to a legal Tryal And judgment of Parliament.
III. That the Papists not only be disbanded, but disarmed according to Law.
IV. That your Majesty will be pleased to give your Royal 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, Sub deans, Deans and Chapters, Archdeacons, Canons and Prebendaries, and all Chanters, Chancellors, Treasurers, Sub treasurers, Succentors and Sacrists, and all Vicars Choral and Choristers, old Vicars and new Vicars of any Cathedral 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 Pluralities: And to the Bill for Consultation to be had with godly, religious, and learned Divines. That your Majesty will be pleased to promise to pass such other good Bills for settling 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 Majesty.
V. That your Majesty having express'd, in your Answer to the Nineteen Propositions of both Houses of Parliament, a hearty Affection and Intention for the Rooting out of Popery out of this Kingdom; and that if both the Houses of Parliament can yet find a more effectual Course to disable jesuits, Priests, and popish Recusants from disturbing the State, or eluding the Laws; 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 administered in such manner, as by both Houses shall be agreed on; wherein they shall abjure and renounce the Pope's Supremacy; The Doctrine of Transubstantiation, Purgatory, Worshipping of the consecrated Host, Crucifixes and Images, and the Refusing the said Oath, being tendered in such Manner as shall be appointed by Act of Parliament, shall be a sufficient Conviction in Law of Recusancy. And that your Majesty will be graciously pleased to give your Royal Assent unto a Bill for the Education of the Children of Papists, by Protestants in the Protestant Religion: That for the more effectual Execution of the Laws against the Popish Recusants, your Majesty would be pleased to consent to a Bill for true Levying of the Penalties against them, and that the same Penalties may be levied and disposed of in such Manner as both Houses of Parliament shall agree on, so as your Majesty be at no Loss: And likewise to a Bill whereby the Practice of Papists against the State may be prevented, and the Laws against them duly executed.
VI. That the Earl of Bristol may be removed from your Majesty's Councels, and that both he, and the Lord Herbert, eldest Son to the Earl of Worcester, may likewise be restrained from coming within the Verge of the Court and that they may not bear any Office, or have any Imployments concerning the State or Commonwealth.
VII. That your Majesty 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 Kingdom, in such a Manner as (shall be agreed on by both Houses.
VIII. That your Majesty will be pleased, by your Letters Patents, to make Sir John Brampston Chief Justice of your Court of King's Bench, William Lenthal, Esq; the now Speaker of the Commons House, Master of the Rolls, and to continue the Lord Chief Justice of the Court of Common Pleas, and likewise to make Mr. Serjeant Wilde Chief Baron of your Court of Exchequer. And that Mr. Justice Bacon may be continued; and Mr. Serjeant Rolls, and Mr. Serjeant Atkins made Justices of the King's Bench. That Mr. Justice Reeves, and Mr. Justice Foster, may be continued; and Mr. Serjeant Pheasant made one of your Justices of your Court of Common Pleas; That Mr. Serjeant Creswell, Mr. Samuel Browne, and Mr. 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 Seal, Quàm diu se bene gesserint, and that the several Persons not before-named, that do hold any of these Places before-mentioned, may be removed.
IX. That all such Persons as have been put out of the Commissions of Peace, or Oyer and Terminer, or from being Custodes Rotulorum, face 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 again be put into those Commissions and Offices; And that such Persons may be put out of those Commissions and Offices, as shall be except ed against by both Houses of Parliament.
X. That your Majesty will be pleased to pass the Bill now presented to your Majesty 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 Earl of Manchester, and the five Members of the House of Commons.
XI. That your Majesty's Royal Assent may be 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 engaged the publick Faith of the Kingdom.
XII. That your Majesty will be pleased, according to a gracious Answer heretofore received from you, to enter into a more first Alliance with the States of the United Provinces, and other Neighbour Princes and States of the Pratestant Religion, for the Defence and Maintenance thereof against all Designs and Attempts of the Popish and Jesuitical Faction, to subvert and suppress it, whereby your Subjects may hope to be free from the Mischiefs which this Kingdom hath endured through the Power which some of that Party have had in your Counsels, and will be much encouraged in a Parliamentary Way for your Aid and Assistance in restoring your royal Sifter, and the Prince Elector to those Dignities and Dominions which belong unto them, and relieving the other distressed Protestant Princes, who have suffered in the same Cause.
XIII. That in the general Pardon which your Majesty hath been pleased to offer to your Subjects, all Offences and Misdemeanors committed before the 10th of January 1641, which have been, or shall be questioned, or proceeded against in Parliament, upon complaint in the House of Commons before the 10th of January 1643, shall be excepted; which Offences and Misdemeanours shall nevertheless be taken and adjudged to be fully discharged against all other inferiour Courts; That likewise there shall be an Exception of Offences committed by any Person or Persons, which hath, or have had any Hand or Practice in the Rebellion of Ireland, which hath, or have given any Counsel, Assistance, or Encouragement to the Rebels there for the Maintainance of that Rebellion. As likewise an Exception of William Earl of Newcastle, and George Lord Digby.
XIV. That your Majesty 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 Removals, 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 License, or for any other Occasion arising from these unhappy Differences betwixt your Majesty and both Houses of Parliament, upon the like Petition of both Houses.
These Things being granted and performed, as it hath always been our hearty Prayer, so shall we be enabled to make it our hopeful Endeavour, That your Majesty and your People may enjoy the Blessings of Peace, Truth, and Justice; The Royalty and Greatness of your Throne may be supported by the loyal and bountiful Affections of your People; Their Liberties and Priviledges maintained by your Majesty's Protection and Justice; And this publick Honour and Happiness of your Majesty, and all your Dominions communicated to other Churches and States of your Alliance, and derived to your royal Posterity, and the future Generations in this Kingdom for ever.
Hen. Elsynge Cler. Parl. D. Com.
His Majesty's Answer to the Desires and Propositions of both Houses, Feb. 3, 1642.
Received at a Conference with the Lords, Feb. 6, 1642.
The King's Answer and Propositions.
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 Provocation to be drawn to a Sharpness of Language, at a Time when there seems somewhat like an Overture of Accommodation, he 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 Majesty's Desire having always been, That all Men should be tried by the known Law) and, having been refused it, with raising an Army against his Parliament; and to be told, that Arms have been taken up against him for the Defence of Religion, Laws, Liberties, Priviledges of Parliament, and for the Sitting of the Parliament in Safety, with many other Particulars in the Preamble, so often and so fully answered by his Majesty; without renumbering the World of the Time and Circumstances of raising those Arms against him; when his Majesty was so far from being in a Condition to invade other Mens Rights, that he was not able to maintain and defend his own 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 Sacrifice) their Laws, Liberties, Priviledges, and Safety of Parliament were so amply settled and established, 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 the Peace and Protection which his Subjects and their Ancestors had in the best Times enjoyed under his Majesty or his royal Predecessors; this misunderstanding and distance between his Majesty and his People, and this general Misery and Distraction upon the Face of the whole Kingdom, had not been now the Discourse of Christendom: But his Majesty will forbear any Expressions of Bitterness, or of a Sense of his own Sufferings, that if it be possible the Memory thereof may be lost to the World. And therefore, tho' many of the Propositions presented to his Majesty by both Houses, appear to him very derogatory from, and destructive to his just Power and Prerogative, and no way beneficial to his Subjects, few of them being already due to them by the Laws established, (and how unparliamentarily it is, by Arms, to require new Laws, all the World may judge) yet (because these may be waved or mollified, and many Things that are now dark or doubtful in them, cleared and explained upon Debate) his Majesty is pleased such is his Sense of the Miseries this Kingdom suffers by this unnatural War, and his earned Desire to remove them by a happy Peace) that a speedy Time and Place may be agreed upon for meeting of such Persons as his Majesty and both Houses shall appoint to discuss these Propositions, and such others here following, as his Majesty doth propose to them.
- I. That his Majesty's own Revenue, Magazines, Towns, Forts, and Ships which have been taken or kept from him by Force, be forthwith restored unto him.
- II. That whatsoever hath been done or published contrary to the known Laws of the Land, or derogatory to his Majesty's legal and known Power, and Rights, be renounced and recalled, that no Seed may remain for the like to spring out for the future.
- III. That whatsoever illegal Power hath been claimed and exercised by, or over his Subjects, as Imprisoning their Persons without Law, stopping their Habeas Corpus's, and imposing upon their Estates without Act of Parliament, &c. either by both or either House, or any Committee of both, or either, or by any Persons appointed by any of them, be disclaimed, and all such Persons so committed, forthwith discharged.
- IV. 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 firm Settling of the Protestant Religion now established by Law: So he 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 Confidences, as his Majesty hath formerly offered.
- V. That all such Persons as, upon the Treaty, shall be excepted out of the general Pardon, shall be tried per Pares, according to the usual Course, and known Law of the Land, and that it be lest to that, either to acquit or condemn them.
- VI. And to the Intent this Treaty may not suffer Interruption by any intervening Accidents, that a Cessation of Arms, and free Trade for all his Majesty's Subjects, may be first agreed upon.
This Offer and Desire of his Majesty, 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 Blood which will be shed, and the Desolation which must follow, will lie upon the Heads of the Refusers. However, his Majesty is resolved, thro' 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 earnest, 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 inviolably 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 only Foundation and Means for the true Happiness of him and his People.
Hen. Elsynge Cler. Parl. D. Com.
The Articles of Cessation sent to his Majesty, Febr. ultimo.
Articles for a Cessation sent by the Parliament to the King, February 28, 1642–3.
Whereas the Lords and Commons in Parliament, out of a tender Sense of the present Miseries and Distractions of the Kingdom, and for the obtaining and settling of a happy Peace between his Majesty and his People, have humbly presented to his Majesty divers Propositions, to which he hath been 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 appointed to attend his Majesty, on or before the 4th of March, if his Majesty shall so please, to endeavour to give him all humble and fit Satisfaction concerning the said Proportions, both his Majesty's and their own. And whereas for the more speedy removal of the bloody and miserable Effects of War, his Majesty hath likewise been graciously pleased, by a late Message, to signify his Desire, That for avoiding 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 Arms, in order to such a Treaty as is resolved upon by both Houses of Parliament, may be enjoyed 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, any otherwise, or to any other purpose then is hereafter expressed.
I. That all Manner of Arms, Ammunition, Victuals, Money, Bullion, and all other Commodities passing without such a Safe-conduct as may warrant their Passage may be stayed and seized on, as if no such Cessation were agreed, on at all.
II. 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.
III. That his Majesty's Forces in Oxfordshire shall advance no nearer to Windsor than Wheatly, and in Buckinghamshire no nearer to Aylesbury than Brill, and that in Berks the Forces r effectively shall not advance m an the One to the Other then now they are: And that the Parliament Forces in Oxfordshire shall advance no nearer to Oxford then Henley; and those in Buckingham no nearer to Oxford then Aylesbury: And that his Majesty's Forces shall take no new Quarters above twelve Miles from Oxford, anyway; and that the Parliament Forces shall take no new Quarters above travel Miles from Windsor any way.
IV. That no Siege shall be begun or continued against Gloucester, and that his Majesty's Forces now employed in the Siege shall return to Cirencester, and Malmsbury, or to Oxford, as shall be most for their Conveniency; and the Parliament Forces which are in Gloucestershire, shall remain in the Cities of Gloucester, Bristol, and the Castle and Town of Berkley, or retire nearer to Windsor, as they shall fee cause; And that those of Wales which are drawn to Gloucester, shall return into their Quarters, where they were before they drew down to Gloucestershire.
V. That in case it be pretended on either Side, that the Cessation is violated, no Act of Hostility is immediately to follow; but first, the Party complaining is to acquaint the Lord General on the other Side, and to allow three Days after notice given for Satisfaction, And in case Satisfaction be not given or accepted, then five Day's notice to be given before Hostility begin: And the like to be observed in the remoter Armies by the Commanders in Chief.
VI. Lastly, That all the other Forces in the Kingdom of England and Dominion of Wales, and not before-mentioned, shall remain in the same Quarters and Places, as they are at the Time of the Publishing of this Cessation, and under the same Conditions, as are mentioned in the Articles before, and that this Cessation shall not extend to restrain the Setting-forth, or Employing of any Ships for the Defence of his Majesty's Dominions.
All which they humbly desire his Majesty will be pleased to ratify and confirm; and that this Cessation may begin upon the 4th of March next, or sooner if it may be, and continue until the 25th of the same Month; and in the mean Time to be published to the Commanders Officers, and Soldiers, and all other his Majesty's loving Subjects on either Side, and that the Treaty intended, may commence upon the 4th of March next, or sooner if it may be, and the Continuance thereof not to exceed twenty Days.
Hen. Elsynge Cler. Parl. D. Com.
His Majesty's Message to both Houses of Parliament, in Answer to the Articles of Cessation, received at a Conference, Martii 6. 1643.
The King's Answer and Articles for a Cessation.
His Majesty hoped the Treaty would have been begun, and the Cessation agreed on long since, and that much might in this Time have been concluded in order to the Peace and Happiness of the Kingdom; but since in almost a Month (for his Majesty's Propositions were made on the 3d of February, and he heard not since from both Houses till the 1st of March) no Consent hath been yielded to it; He conceives the Cessation cannot begin so soon as the 4th of this Month, by which Time (though his Majesty uses no Delay in making his Answer) the same can hardly be returned to them: And many of the Articles now presented to him from both Houses concerning the Cessation, are so first, that such of his good Subjects, who are not of his Army, (and for whom generally he shall always have a principal, just, and compassionate Regard) receive not any Benefit, nor are restored to any Liberty thereby, which his Majesty shall ever insist upon (when in Matters merely concerning himself, he may descend to easier Conditions) and which he hath returned with such Alterations, as he doubts not but both Houses will consent to, and do Efficiently manifest how solicitous his Majesty is for the Good of his People, and how desirous he is, that in this unnatural Contention no more Blood of his Subjects may be spilt (upon which he looks with much Grief, Compassion, and Tenderness of Heart) even of those who have lifted up their Hands against him; and his Majesty therefore desires (against which he can imagine no Objection can be made) that the Cessation may begin upon the 12th of this Month, or sooner, if the Condition of the Cessation shall be sooner agreed on, and is willing the same shall continue for twenty Days, in which Time he hopes by the Treaty, and a clear Understanding of each other, a full Peace and Happiness may be established throughout the Kingdom. And during that Time his Majesty is willing that neither Side shall be bound or limited by this Cessation any otherwise, or to any other Purpose, then is hereafter expressed.
I. That all Manner of Arms, Ammunition, Money, Bullion, and Victuals passing for the use of either Army, without a Pass or Safe-conduct from the Generals of each Army, may be stayed and seized on, as if no Cessation were agreed on at all.
II. That all Officers and Soldiers of either Army passing without such License or Safe-conduct as aforesaid, may be apprehended and detained, as if no such Cessation were agreed on at all: And that all Manner of Persons, his Majesty's Subjects, of what Quality or Condition soever (except Officers and Soldiers of either Army) shall pass to and from the Cities of Oxford and London, and back again at their Pleasures during this Cessation, as likewise to and from any other Parts of his Majesty's Dominions, without any Search, Stay or Imprisonment of their Persons, or Seisure and Detention of their Goods or Estates; And that all manner of Trade, Traffick, and Commerce, be free ad open between all his Majesty's Subjects, excepting as aforesaid, between the Officers and Soldiers of either Army, or for Arms, Ammunition, Money, Bullion, or Victual, for the Use of either Army, without a Pass or Safe-conduit, as aforesaid, which may be a good Beginning to renew the Trade and Correspondence of the Kingdom, and whereby his good Subjects may be restored to that Liberty and Freedom they were born to, and have so happily enjoyed, till these miserable Distractions, and which even during this War, his Majesty hath, to his utmost, laboured to preserve, opening the Way by most strict Proclamations to the Passage of all Commodities, even to the City of London itself.
III. That his Majesty's Forces in Oxfordshire shall advance no nearer to Windsor then Wheatly, and in Buckinghamshire no nearer to Aylesbury then Brill, and that in Barkshire the Forces respectively shall net advance nearer the One to the Other, then they shall be at the Day to be agreed upon for the Cessation to begin; And that the Forces of the other Army in Oxfordshire, shall advance no nearer to Oxford then Henly, and those in Buckinghamshire no nearer to Oxford then Aylesbury; And that the Fortes of neither Army shall advance their Quarters nearer to each other then they shall be upon the Day agreed on for the Cessation to begin, otherwise the then in Passage and communication between their several Quarters respectively, without Any Acts of Hostility each to other, but may inlarge themselves within their own Quarters respectively, as these shall find convenient.
IV. That the Forces of either Army in Gloucestershire, Wiltshire, and Wales, as likewise in the Cities of Gloucester, Bristol, and the Castle and Town of Berkley, shall be guided by the Rule express'd in the latter Part of the Precedent Article.
V. That in case it be pretended on either Side, that the Cessation is violated, no Act of Hostility is immediately to follow; but first, the Party complaining is to acquaint the Lord General on the other Side, and to allow three Days after after notice given for Satisfaction, and in case Satisfaction be not given or accepted, then five Days Notice to be given before Hostility begin; and the like to be observed in the remoter Armies by the Commanders in Chief.
VI. That all other Forces in the Kingdom of England and Dominion of Wales, not before-mentioned, shall remain in the same Quarters and Places as they are at the Time of publishing this Cessation, otherwise then in Passage and Communication between their several Quarters, as is mentioned in the latter Part of the third Article; And that this Cessation shall not extend to restrain the Setting-forth, or Imploying any Ships for the Defence of his Majesty's Dominions, provided that his Majesty be first acquainted with the Particulars, find that such Ships as shall be set forth be commanded by such Persons as his Majesty shall approve of.
VII. Lastly, That during the Cessation none of his Majesty's Subjects be imprisoned, otherwise then according to the known Laws of the Land; and that there shall be no Plundering or Violence offered to any of his Subjects. And his Majesty is very willing, if there be any Scruples made concerning these Propositions and Circumstances of the Cessation, That the Committee for the Treaty nevertheless may immediately come hither, and so all Matters concerning the Cessation, may be here settled by him.
Hen. Elsynge Cler. Parl. D. Com.
Then the two Houses nominated for their Commissioners to treat with his Majesty, two Lords, viz. the Earl of Northumberland and the Lord Say, and four Commons, viz. Mr. Pierrepoint, Sir William Ermyn, Sir John Holland, and Mr. Whitlock. But the King again refused his Safe-conduct to the Lord Say for the Reason before-mentioned; but withal signified, That in case they thought fit to send any other in his Room, not liable to the same Exception, he should enjoy the Benefit of the Safe-conduct, as well as if particularly named. But they did not name any in his stead, and so only the other five went.
His Majesty also, together with the Safe-conduct, sent a Message, That he is content that his Proposition concerning the Magazines, &c. and theirs for disbanding the Armies be first treated of and agreed, before they proceed to any other Propositions. And then the Second of his Majesty's, and the Second of theirs, and so in order: And that from the Beginning of the Treaty, the Time may not exceed twenty Days.
The last Articles of Cessation now sent to his Majesty.
The Parliaments last Articles for Cessation sent by their Commissioners to his Majesty.
The Lords and Commons in Parliament being still carried on with a vehement Desire of Peace, that so the Kingdom may speedily be freed from the Desolation and Destruction wherewith it is like to be overwhelmed if the War should continue, have, with as much Expedition as they could, considered of the Articles of Cessation, with those Alterations and Additions offered by his Majesty, unto which they are ready to agree in such Manner as is express'd in these ensuing Articles, viz.
- 1. That all manner of Arms, Ammunition, Victual, Money, Bullion, and all other Commodities, passing without a Safe-conduct from the Generals of both Armies, as well of his Majesty's, as of the Armies raised by the Parliament, may be stayed and seized on, as if no 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 Majesty's Forces in Oxfordshire shall advance no nearer to Windsor then Wheatly, and in Buckinghamshire no nearer to Aylesbury then Brill, and that in Barkshire the Forces respectively, shall not advance nearer the One to the other, then they shall be at the Day to be agreed on for the Cessation to begin; And that the Forces of the other Army raised by the Parliament shall advance no nearer to Oxford then Henley, and those in Buckinghamshire no nearer to Oxon then Aylesbury, and that the Forces if neither Army shall advance their Quarters nearer to each other then they shall be upon the Day agreed on for the Cessation to begin.
- 4. That the Forces of either Army in Glocestershire, Wilts, and Wales, as likewise in the Cities of Gloucester and Bristol, and the Castle and Town of Berkley shall be guided by the Rule express'd in the latter Part of the precedent Article.
- 5. That in case it be pretended on either Side, That the Cessation is violated, no Act of Hostility is immediately to follow, but first the Party complaining is to acquaint the Lord General on the other Side, and to allow three Days after Notice given for Satisfaction; and in case Satisfaction be not given or accepted, then five Days Notice to be given before Hostility begin, and the like to be observed in the remoter Armies by the Commanders in Chief.
- 6. That all other Forces in the Kingdom of England, and Dominion of Wales, not before-mentioned, shall remain in the same Quarters and Places as they are at the Time of the Publishing of this Cessation, and under the same Conditions us are mentioned in the Articles before; And that this Cessation shall not extend to restrain the Setting-forth or Imploying of any Ships for the Defence of his Majesty's Dominions.
- 7. That as soon as his Majesty shall be pleased to disband the Armies which both Houses earnestly desire may be speedily effected, and to disarm the Papists according to Law, the Subjects may then enjoy the Benefit of Peace in the Liberty of their Persons, Goods, and Freedom of Trade; in the mean time, the Generals and Commanders of the Armies of both Sides shall be enjoined, to keep the Soldiers from plundering, which the two Houses of Parliament have ever disliked and forbidden.
And for the speedy Settling of this so much desired Peace, they have thought good to send their Committees with Instructions, that if his Majesty be pleased to consent to a Cessation so limited and qualified, they may forthwith proceed to treat upon the Propositions; and because the Time is so far elapsed in these Preparations, they desire the Cessation may begin the 25th of this Instant March, or sooner if it may be; and in the mean time, notice to be given to all the Forces in the several and remote Parts, and the Commanders, Officers, and Soldiers, are enjoyned to observe this Cessation accordingly, to which they hope and pray, That God will give such a Blessing, that thereupon Peace, Safety, and Happiness may be produced and confirmed to his Majesty and all his People.
Hen. Elsynge Cler. Parl. Dom. Com.
Instructions agreed on by the Lords and Commons in Parliament,
for Algernoon Earl of Northumberland, William Lord Viscount Say and Seal, William Pierrepoint, Esq; Sir William Armyn, Sir John Holland, Barts. and Bulstrode Whitlock, Esq; Committees appointed to attend his Majesty upon the Propositions made by his Majesty to the Parliament, and likewise upon the other Propositions humbly presented from them to his Majesty.
The Parliaments Instructions to their Commissioners.
You shall present to his Majesty the Articles agreed on for the Cessation of Arms, humbly desiring his Majesty to ratify and confirm the same under the Great Seal, which being obtained, you are to send it up to the Parliament with all possible speed, and shall likewise beseech the King to dispatch away Messengers to the Generals, Commanders, and Soldiers of all his Armies and Forces, with a strict Command and Injunction, that they observe those Articles of Cessation, according as they are agreed upon, as the two Houses likewise intend to give the like Direction to the Lord General of the Armies raised for their Defence.
After his Majesty hath declared and ratified the Cessation, [you shall then proceed to the Treaty, beginning with the first Proposition on his Majesty's behalf, concerning his Majesty's own Revenue, his Magazines, Towns, Forts, and Ships, and thereunto make this Answer.
You shall declare, That the two Houses of Parliament have not made use of his Majesty's own Revenue, but in a very small Proportion, which for a good Part hath been employed in the Maintenance of his Majesty's Children, according to the Allowance established by himself; and they will satisfy what shall remain due to his Majesty of those Sums received out of his Majesty's own Revenues, and shall leave the same to his Majesty for the Time to come; and you likewise shall propound to his Majesty, that he will restore what hath been taken for his Use, upon any of the Bills assigned to other Purposes by several Acts of Parliament, or out of the Provision made for the War of Ireland.
That they will remove the Garrisons out of all Towns and Forts in their Hands, wherein there were no Garrisons before these Troubles, and Height all Fortifications made since that Time, which Towns and Forts it is to be agreed on both Parts, shall continue in the same Condition they were in before; and that those Garrisons shall not be renewed, nor the Fortifications repaired without consent of his Majesty, and both Houses of Parliament.
That for those Towns and Forts which are within the Jurisdiction of the Cinque-Ports, they shall be delivered up into the Hands of such a noble Person as his Majesty shall appoint to be Warder of the Cinque-Ports, being such a One as they shall confide in.
That the Town of Portsmouth shall be reduced to the Number of the Garrison, as was at the Time when the Lords and Commons undertook the Custody thereof. And such other Forts, Castles, and Towns, as were formerly kept by Garrisons, as have been taken by them into their Care and Custody, since the Beginning of these Troubles, shall be reduced to such Proportion of Garrison as they had in the Year 1636, and shall be so continued; and that all the said Towns, Forts, and Castles, shall be delivered up into the Hands of such Persons of Quality and Trust, to be likewise nominated by his Majesty, as the two Houses shall confide in.
That the Warden of the Cinque-Ports, and all Governours and Commanders of Towns, Castles, and Forts, shall keep the same Towns, Castles and Forts respectively for the Service of his Majesty, and the Safety of the Kingdom; and that they shall not admit into any of them any foreign Forces raised without his Majesty's Authority, and Consent of the two Houses of Parliament; and they shall use their uttermost Endeavours to suppress all Forces whatsoever raised without such Authority and Consent; and they shall seize all Arms and Ammunition provided for any such Forces.
That the Ships shall be delivered into the Charge of such a noble Person, as his Majesty shall nominate to be Lord High Admiral of England, and the two Houses of Parliament confide in, who shall receive the same Office by Letters Patent Quàm diu bene se gesserit, and shall have Power to nominate and appoint all subordinate Commanders and Officers, and have all other Powers appertaining to the Office of High Admiral, which Ships he shall employ for the Defence of the Kingdom against all foreign Forces whatsoever, and for the Safeguard of Merchants, securing of Trade, and the Guarding of Ireland, and the Intercepting of all Supplies to be carried to the Rebels; and shall use his uttermost Endeavour to suppress all Forces which shall be raised by any Person without his Majesty's Authority, and Consent of the Lords and Commons in Parliament; and shall seize all Arms and Ammunition provided for supply of any such Forces.
That all the Arms and Ammunition taken out of his Majesty's Magazines, which shall remain in their Hands, shall be delivered into his Stores, and whatsoever shall be wanting, they will in convenient Time supply in Kind, according to the Proportions which they have received; And that the Persons to whose Charge those public Magazines shall be committed, being nominated by his Majesty, shall be such as the Lords and Commons shall consider in; And you shall propound to his Majesty, that he will restore all such Arms and Ammunition as have been taken for his Use from the several Counties, Cities, and Towns.
To the Proposition made by the two Houses concerning the Disbanding of the Armies, you shall humbly desire his Majesty's speedy and positive Answer, unto which if he shall be pleased to give his Assent, you shall then beseech his Majesty, in the Name of both Houses, that a near Day may be agreed upon for the Disbanding of all the Forces in the remote Part of Yorkshire, and the other Northern Counties, as also in Lancashire, Cheshire, and in the Dominion of Wales, and in Cornwel and Devon; And they being fully disbanded, another Day may be agreed on for the Disbanding of all Forces in Lincolnshire, Nottinghamshir, Leicestershire, and all other Places, except at Oxford, and the Quarters thereunto belonging, and Windsor, and the Quarters thereunto belonging; And that, last of all, a speedy Day be appointed for the Disbanding those two Armies at Windsor and Oxford, 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 his Majesty and the Parliament, who may repair to the several Armies, and see the Disbanding put in speedy Execution accordingly.
That his Majesty do likewise remove the Garrisons out of Newcastle, and all other Towns, Castles, and Forts, where any Garrisons have been placed by him since these Troubles; And that the Fortifications be likewise slighted, and the Towns and Forts left in such State and Conditions as they were in the Year 1636.
That all other Towns, Forts, and Castles, where there have been formerly Garrisons before these Troubles, be committed to the Charge of such Person to be nominated by his Majesty as the Parliament shall confide in, and under such Instructions as the formerly mentioned.
That if his Majesty shall be pleased to assent to these Propositions concerning the Towns, Forts, Castles, Magazines, and Ships, that then his Majesty be humbly intreated to name Persons of Quality to receive the Charge of the several Offices and Forts, Castles, and Towns, to beforth with certified to the two Houses of Parliament, that thereupon they may express their Confidence in those Persons, or humbly beseech his Majesty to name others: None of which Persons shall be removed during three Years next ensuing without just Cause to be approved by Parliament, and if any be so removed, or shall die within the said Space, the Person to be put into the same Office, shall be such as both Houses shall confide in.
That all Generals and Commanders in any of the Armies on either Side, as likewise the Lord Admiral of England, the Lord Warden of the Cinque-Ports, all Commanders of any Ships, and Commanders of any Town, 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 Kingdom against all foreign Force, and all other Forces raised without his Majesty's Authority 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 Committees, that there may be a free Pass of Messengers to and from the Parliament and the Committees, without Search or Interruption, and his Majesty's Safe-conduct to be obtained to that Effect to such Persons as are, or shall be appointed for that Service, viz. for Mr. John Rushworth, Mr. Michael Welden, Mr. John Corbet of Gray's Inn, and Mr. James Standish.
Hen. Elsynge Cler. Parl. D. Com.
The King's Message concerning the Cessation, 23 Martij 1642.
His Majesty hath immediately, upon their arrival, admitted the Committee sent unto him from both Houses of Parliament (as the Messengers of Peace) to his Royal Presence, and received the Articles of Cessation brought by them, which are, in Effect, the same his Majesty formerly excepted to, tho' their Expression in the Preface to these Articles of their Readiness to agree to those Alterations and Additions offered by his Majesty in such manner as is express'd, made him expect to have found at least some of the real Alterations and Additions made by him admitted, which he doth not discover.
1. His Majesty desire that Provision might be made, and License given to his good Subjects for their Freedom of Trade, Traffick, and Commerce (tho', in Matters which concerned himself more immediately, as in Arms, Ammunition, Money, Bullion, and Victual, for the Use of his Army, and the Passage of all Officers and Soldiers of his Army, he was contented the Restraint should be in such Manner as was proposed) of which his Majesty is so tender, that as he hath provided for the same by gracious Proclamations, so he doth daily release and discharge such Merchandize and Commodities, as are contrary to those Proclamations stayed by any of his Majesty's Forces.
To this Freedom 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 Majesty desires both Houses to consider of; and whether, if his Majesty should take the same Course to stop and interrupt the Trade of the Kingdom, as the other Army doth, a general Loss 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 the might be secured, that the Ships proposed t be se forth for the Defence of his Majesty's Dominions, should be employ'd only 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 Hostility remains) the Conveying of any Number of Forces from any Part to any other, by that means, remains free to them.
3. For the Prevention of any Inconveniencies which might arise upon real Differences or Mistakes upon the Latitude of Expressions (as if his Majesty should now consent to these Articles proposed, in the Terms proposed, he must confess the Army, of which he complains, to be raised by the Parliament, and either himself to be no Part of the Parliament, or himself to have raised that Army) and for Prevention of that Delay which he foresaw could not otherwise be avoided, 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 main 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 known Laws of the Land.
This is in no Degree consented to, but the Priviledge and Liberty (to which they are born) 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 his 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 ways satisfied; his Majesty not only intending by it the Robbing of the Subject by the Unruliness of the uncommanded Soldier (which their Clause of requiring the Generals and Officers to keep them from it, seems 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 Plundering 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 known Laws of the Land.
6. Besides, as 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 Majesty's Article are wholly preserved, yet by reason of the Relation to somewhat going before, that is varied by them, the Sense of those Words is wholly varied too; as in the fourth Article, that Part of the third Article, to which that did refer, being wholly left out. So that upon the Matter, all the Propositions made by his Majesty (which did not in Terms 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 Kingdom with Joy and Hope) may be improved to the wished End, his Majesty desires, that the Committee now sent, may speedily have liberty to treat debate, and agree upon the Articles of Cessation, in which they and all the World shall find, that his Majesty is less solicitous for his own Dignity and Greatness, then for his Subjects Ease and Liberty. And he doubts not, upon such a Debate, all Differences concerning the Cessation will be easily and speedily agreed upon, and the Benefit of a Cessation be continued and confirmed to his People by a speedy Disbanding of both Armies, and a sudden and firm Peace, which his Majesty above all Things desires.
If this so reasonable, equal, and just Desire of his Majesty shall not be yielded unto, but the same Articles be still insisted upon, tho' 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 treat (even without a Cessation, if that be 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 he shall give all his Subjects that Satisfaction, That if any Security to enjoy all the Rights, Privileges, and Liberties due to them by the Law, or that Happiness in Church and State, which the best Times have seen, with such farther Acts of Grace as may agree with his Honour, Justice, and Duty to his Crown, and as may not render him less able to protect his Subjects according to his Oath will satisfy them, he is confident in the Mercy of God, that no more precious Blood of this Nation will be thus miserably spent.
The Parliament's Leave for their Commissioners to treat, tho' the Cessation be not agreed on, March 24, 1642–3.
My Lords and Gentlemen,
Whereas by your former Instructions you are tied up to a Circumstance of Time, and are not to proceed unto the Treaty upon the Propositions, until the Cessation of Arms be first agreed upon: You are now authorised 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 Days after the Day of the Receipt hereof, notwithstanding that the Cessation be not agreed upon.
Your Lordship's most humble Servant,
Manchester, Speaker of the House of Peers pro tempore.
March 24, 1642.
Received March 25.
Die Venires, 24 Martii 1642.
Resolved upon the Question by the Lords and Commons 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 4 Days after the Day of the Receipt of this Message, notwithstanding that the Cessation is not yet agreed upon.
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 Majesty's Message this Day received; And likewise prepare Reasons to be sent to the Committee for them to press 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.
J. Browne Cler. Parl.
The Votes of both Houses, and the Copy of the Answer to his Majesty.
Received Martij 25, 1642.
May it please your Majesty,
We Your loyal Subjects the Lords and Commons in Parliament, having received a Message from your Majesty, in which you are pleased to express your self 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 Majesty's Willingness to treat upon the Propositions themselves, even without a Cessation; do, with all Humbleness, 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 Days after the Day of the Receipt of this Message, notwithstanding that the Cessation be not yet agreed upon, That (as much as in us lies) there may be no Delay in the Proceedings, for the Obtaining of a blessed Peace, and the Healing-up the miserable Breabes of this distracted Kingdom; and do purpose to represent very speedily unte your Majesty, those just Reasons and Grounds, upon which we have found 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 effectual to the Safety of the Kingdom, and that Peace, which, with so much Zeal and loyal Affection to your Royal Person, and in a deep Sense of the bleeding Condition of this poor Kingdom, we humbly beg of your Majesty's Justice and Goodness.
Joh. Browne Cler. Parl.
A Letter from the Earl of Manchester to the Earl of Northumberland. Received March 29.
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 Resolutions concerning the Articles of the Cessation of Arms. My Lord, you shall likewise receive additional 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.
Die Lunæ, 27 Martii 1643.
Resolved upon the Question by the Lords in Parliament;
That the Earl of Northumberland, their Committee at Oxford, is thereby authorised to acquaint his Majesty with all their Instructions upon the two first Propositions.
J. Browne Cler. Parl.
Additional Instructions, March 29.
Additional Instructions agreed upon by the Lords and Commons in Parliament, for Algernoon Earl of Northumberland, William Lord Viscount Say and Seal, William Pierrepoint, Esq; Sir William Armyne, Sir John Holland, Barts. and Bulstrode Whitlock, Esq; Committees attending his Majesty upon the Cessation and Treaty.
You shall alter the Words mentioned in his Majesty's third Article in this Manner, leaving out the Words (The Army raised by the Parliament) and putting in these Words (The Army raised by both Houses of Parliament.)
You shall humbly present to his Majesty the Reasons herewithal sent from both Houses, for their not assenting to those Alterations and Additions to the Articles of Cessation offered by his Majesty.
You shall press the Force of those Reasons, or any other, as there shall be Occasion, in the best Manner you may, to procure his Majesty's Assent to those Articles of Cessation, which if you shall obtain with two Days after the Day of the Receit hereof, you shall in the Name of both Houses of Parliament agree and conclude upon the Cessation, to continue to the End of twenty Days, to be reckon'd from the 25th of March, and upon a Day certain as soon as may be, when the same shall first begin, 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 several Generals, Commanders and Soldiers respectively, to observe the same Cessation, as it is qualified and limited in those Articles; And after such Conclusion made, you shall take care that those Articles be pass'd under the Great Seal in a fitting and effectual Manner, and speedily sent up to the Lords and Commons in Parliament, with four Duplicates of the Same at least.
If his Majesty shall please to agree upon the two Propositions concerning his own Revenues, Towns, Forts, Magazines, and Ships, and the Disbanding of the Armies, you are then authorised fully to agree and conclude upon those Propositions, according to your Instructions; and you shall desire his Majesty, that the same may be forthwith put in execution, according to the Instructions formerly given in that Behalf; and the two Houses will be ready to put in execution what is to be performed on their Part, of which you have hereby Power to assure his Majesty; and if his Majesty shall not be pleased to agree upon those two Propositions within the Time of four Days, you shall then speedily give Advertisement to the two Houses of Parliament, that thereupon they may give such further direction as to them shall seem fit.
Joh. Browne Cler. Parl.
The Parliaments Reasons why they cannot agree to the Articles of the Cessation, as altered by his Majesty, Martij 27, 1643.
To the KING's most Excellent Majesty.
The Lords and Commons in Parliament assembled, do with all humble Thankfulness, acknowledge your Majesty's Favour in the speedy Admission of their Committee to your Royal Presence, and the Expedition of your Exceptions to their Articles, that so they might more speedily endeavour to give your Majesty Satisfaction; and altho' they were ready to agree to the Article of Cessation, in such manner as they express'd in their Preface, they cannot agree to the Alteration and Addition offered by your Majesty, without great Prejudice to the Cause, and Danger to the Kingdom, whose Cause it is The Reasons whereof will plainly appear in the Answer to the Particulars press'd by your Majesty.
1. They do deny that they have restrained any Trade, but to some Few of those Places where you Majesty's Forces are enquartered, and even now in the Heat of War, do permit the Carriers to go into all the Parts of the Kingdom, with all Sorts of Commodities for the Use of the Subjects, except Arms, Ammunition, Money, and Bullion: But if they should grant such a free Trade as your Majesty desireth to Oxford and other Places, where your Forces remain, it would be very difficult, if not impossible to keep Arms, Ammunition, Money, and Bullion from passing into your Majesty's Army, without very first and frequent Searches, which would make it so troublesome, chargeable, and dangerous to the Subjects, That the Question being but for twenty Days for so few Places, the Mischiefs and Inconveniencies to the whole Kingdom would be far greater, than any Advantage which that small Number of your Subjects (whom it concerns) can have by it.
The Case then is much otherwise then is express by your Majesty's Answer; for whereas they are charged not to give the least Permission of the Liberty and Freedom of Trade during the Cessation, the Truth is, That they do grant is as fully to the Benefit of the Subject, even in Time of war; and that your Majesty, in pressing this for the People's Good, doth therein desire That which will be very little beneficial to the Subjects, but exceeding advantagious to your Majesty, in supplying your Army with many Necessaries, and making your Quarters a Staple for such Commodities as may be vented in the adjacent Counties, and so draw Money thither, whereby the Inhabitants will be better enabled by Loans and Contributions to support your Majesty's Army: And as your Majesty's Army may receive much Advantage, and the other Army much Danger, if such Freedom should be granted to those Places; so there is no Probation that the Army raised by the Lord and Common shall have any Return of Commodities and other Supplies from thence, which may be useful for them And they conceive, That in a Treaty for a Cessation, those Demands cannot be though reasonable which are not indifferent, that is, equally advantagious to both Parties.
As they have given no Interruption to the Trade of the Kingdom, but in relation to the Supply of the contrary Army, which the Reason of War require; So they beseech your Majesty to consider, Whether your Soldiers have not robbels Ships taken many Ships, to the great Damage, not only of particular Merchants, but of the whole Kingdom. And whether your Majesty have not declared your own Purpose, and endeavoured by your Ministers of State, to embark the Merchants Goods in foreign Parts, which hath been in some Measure executed upon the Eastland Merchants in Denmark, and is a Course which will much diminish the Wealth of the Kingdom, violate the Law of Nations, make other Princes Arbiters of the Differences betwixt your Majesty and your People, beak off the Intercourses between this and other States, and like to bring us into Quarrels and Dissentions with all the neighbour Nations.
2. To demand the Approving of the Commanders of the Ships, is to desire the Strength of one Party to the Other, before the Difference be ended, and against all Rules of Treaty; To make a Cessation at Sea, would leave the Kingdom naked to those foreign Forces, which they have great Cause to believe have been sollicited against them, and the Ports open for such Supplies of Arms and Ammunition as shall be brought from beyond the Seas: But for conveying any Number of Forces by those Means from one Part to another, they shall observe the Articles of the Cessation by which that is restrained.
3. As for the Expression of the Army raised by the Parliament, They are contented it should be altered thus (raised by both Houses of Parliament) as not desiring to differ upon Words; but to give any conclusive Power in this Case to the Committee, upon such Difference as may arise, wherein the Houses have given no express Direction, is neither safe for the Committee to undertake, nor sit for the two Houses to grant; yet, to debate and to press the Reason of their Disires, whereby an Agreement from your Majesty may be procured, is granted to them; and altho' the two Houses did think it most proper the Cessation should be first agreed on, and that it was unfit to treat in Blood; yet to satisfy the World of their earnest Longing after Peace, they have given Power to the Committee to enter into the Treaty upon the two first Propositions, notwithstanding the Cessation be not yet assented to; and those being agreed, they hope the Foundation will be laid, not only of a Suspension, but a total Abolition of all Hostility in the Kingdom.
4. If the Nature of War be duly considered, it must needs be acknowledged, That it is incompatible with the ordinary Rules of a peaceable Government; Your Majesty would have them commit none, but according to the known Laws of the Land, whereby they conceive your Majesty understands, That it must be by the ordinary Process of Law; which being granted, it will follow, That no Man must be committed by them for supplying your Majesty with Arms, Powder, Ammunition: For, by the Law of the Land, the Subject may carry such Gods from London, or any other Place to Oxford, the Soldiers must not be committed if they run from their Colour;, and refuse any Duty in the Army, No Man shall be committed for not submitting to necessary Supplies of Money: So that if this be yielded in your Majesty's Sense, they shall be disabled to restrain Supplies from their Enemies, and to govern or maintain their own Soldiers: 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 mutinying in your own, such Persons shall not be committed, but according to the known Laws of the Land, that is, by Process of Law: But rather, that your Majesty will so interpret this Limitation of known Laws, that tho' it lays streight Bonds upon the two Houses, yet it leave your Generals as much Liberty as before: For it hath been denied by your Majesty, That these known Laws give any Power to the two Hoses of Parliament to raise Arms, and so consequently their General cannot exercise any martial Law in those Cases; and it is not unlike, but that it will be affirmed, That the Generals constituted by your Majesty's 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 Laws, and would produce to your Majesty an absolute Victory and Submission under Pretence of a Cessation and Treaty.
5. Being by Necessity inevitable on their Part enforced to a defensive War is this unhappy Breach between your Majesty and them, and that they are therein warranted both by the Laws of God and Man, it must needs follow, that by the same Laws they are enabled to raise Means to support that War; and therefore till it shall please God to incline your Majesty to afford them such a Peace as may secure them, they cannot relinquish the Power of laying Taxes upon those who ought to join with them in that Defence, and the necessary Ways of levying those Taxes upon them, in case of refusal, for otherwise their Army must needs be dissolved. But if your Majesty shall consent to disband the Armies, the Cause of the War being taken away, the Consequences will likewise be removed, and the Subject restored to the Benefit of those Laws which the Necessity of Arms hath in such Cases suspended.
6. They deny any Pretence of consenting to those Alterations and Additions offered by your Majesty; only in the Preamble they say they have considered of those Articles, with such Alterations and Additions, unto which Articles they profess 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 Freedom of Passage and Communication of Quarters, which is contrary to the Nature of a Cessation, whereby Matters should be preserved in the State they are, and neither Party have Liberty so much to advantage himself, as it is evident your Majesty might do, if your Forces in the North and West might join with those at Oxford, and bring those Supplies of Treasure or Arms thither, which were brought out of Holland; or at least it should be so indifferent, as to give a proportionable Advantage to the other Side, which this doth not; For the Forces under the Power of both Houses are so disposed, that they have an easy Passage from One to the Other: But your Majesty's Forces are severed the One from the Other by many large Counties, strong Passage, and competent Armies; and if they had admitted this Clause, they had bereaved themselves of one of the greatest Advantages, and freed your Majesty's Party of one of the greatest Inconveniencies which your Majesty or they have in this War.
For the Reasons already alledged, They cannot agree to the Alterations and Enlargements of the Cessation propounded, or to transfer any such Power to the Committees 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 be opened to a secure and happy Peace, They have enabled their Committees to treat and debate upon the two Propositions concerning his Majesty's own Revenue, the Delivery of his Towns, 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 be facilitated with out Fear of Interruption, by the Confusion of War, or Exasperation of either Party, by the bloody Effects thereof.
In which Treaty the two Houses will desire and expect nothing but what doth stand with your Majesty's Honour, and the Trust reposed in you, and is necessary for your Majesty's good Subjects, that they may enjoy the true Religion, and their Liberties and Priviledges, and that they may freely and in a parliamentary Way concur with your Majesty in those Things which may conduce to the Glory of God, the Safety and Happiness of your Majesty, and your Posterity and People, and preventing the like miserable Effusion of English Blood for the Time to come; For the Effecting whereof, their most earnest Prayers, and uttermost Endeavours shall ever be faithfully and constantly employed, in hope that God will give a Blessing thereunto.
Hen. Elsynge Cler. Parl. D. Com.
Additional Instructions concerning the Cessation, March 29.
In case we shall obtain your Majesty's Assent to the Articles of Cessation, as they were least presented to your Majesty, within two Days after the Day of the Receipt of the Reasons 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 20 Days, to be reckoned from the 25th of this Instant March, and upon a Day certain, as soon as may be, when the same shall first begin 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 several Generals, Commanders, and Soldiers respectively, to observe the same Cessation, as it is qualified and limited in those Articles last presented to your Majesty.
The King's Question concerning Removal of Qarters, March 31. 1643.
Whether 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 Aylesbury, or to any other Places within the Quarters of each Army respectively.
The Committees Answer concerning Removal of Quarters, March 31. 1643.
In answer to your Majesty's Question upon the 3d Article of the Cessation; We humbly conceive, That it is not intended to restrain the Quarters of either Army respectively from each other, so as they come not nearer the Quarters of the other Army: But that the Forces at Abbington may remove to Banbury, or the Forces at Henly may remove to Aylesbury, or to any other Place within the Quarters of each Army respectively: So as the Forces of either Army respectively, come not nearer the Quarters of the other Army, then they shall be upon the Day agreed on for the Cessation to begin.
The King's Question 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 Aylesbury.
Whether his Majesty's 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 nearer to any Quarters of any of the contrary Armies, then some of his Majesty's Forces shall quarter upon the Day agreed upon for the Cessation to begin
The Committees Answer concerning the Cessation, March 31. 1643.
We humbly conceive, That by our Instructions we are not enabled to give any resolution upon your Majesty's Questions concerning the Removal of Quarters, other then we have already given.
A Letter from the Earl of Manchester, April 5.
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 in command, as
Tour Lordships most humble Servant, Manchester,
Speaker of the House Pro tempore.
Votes of both Houses for Four Days longer to Treat, April 4.
Die Lunæ, Aprilis 3. 1643.
Resolv'd 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.
That the Time prescribed for the Treaty upon the two first Propositions, shall be untill Friday next.
That Friday in this last Question, shall be taken inclusive.
Jo. Browne Cler. Parliamentorum.
His Majesty's Message concerning the Cessation, April 4.
How his Majesty hath spent his Time since the Committee from his two Houses of Parliament came hither, how willing he hath been (during the four Days allowed to them) to expedite the Treaty it self, by the free and diligent Disquisition of the Particulars comprised in those two first Articles, and how intent he hath been upon the Cessation (which he thinks so necessary, and so much desires) since the last Message concerning the same came to him, the Committee themselves cannot but observe; and though no Conclusions could be made within the two Days (a Time limited with such Strictness in a Business of so great Moment, where all Words and Expressions must be carefully and exactly weighed) his Majesty cannot doubt but both Houses will be willing to give and receive Satisfaction in any Particulars which are necessarily to be considered in concluding the same, though the two Days are expired. And if his Majesty enlarges himself in his Replies more then may seem necessary to the Propositions and Differences in debate, it must be remembered by what unnecessary and unwarrantable Expressions in this last Message from his two Houses he is not only invited, but compelled thereunto, which he could heartily have wished might upon this Occasion have been forborn.
1. For the Freedom of Trade, his Majesty hath great Reason to require, and the two Houses to admit that Freedom to his good Subjects he desired; For what concerns the Supply of the Army with Arms, Ammunition, Money, Ballion, and Victuals, he consented to the very Terms proposed by the two Houses; and that they may be observed, is contented that Searches may be made, which being but the Trouble of Particular Persons, is not considerable, in respect of the publick Benefit and Advantage. But why all other Liberty of Traffick and Commerce should not be granted to his good Subjects, he cannot understand; for that his Majesty's Army 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 Majesty's Army is, and indeed the whole Trade of the Kingdom is interrupted) 'its as great a Support (if not a greater) to the contrary Army, to maintain and keep up the Trade of London from whence that receives its Supply and Relief, as to his Majesty's Army to continue the Trade at Oxford, or any other Place where this Forces reside, and to stop and seize the Cloth, Kersies, and other Western Commodities (which his Majesty can daily do from Reading) would be as great Disturbance to the Trade of London, as the seizing of any Commodities (which may be done by the Earl of Essex from Windsor at Wickham) can be to the Trade of Oxford; and therefore his Majesty hath great Reason to press that mutual and universal Freedom to all his good Subjects, may be granted; otherwise he must either permit that Licence to his Army, to seize the Goods of his People in their passage to London, and to interrupt and break the Trade and Correspondence of the Kingdom (which both out of publick Consideration and private Compassion, his Majesty is most adverse from) or else must grant that evident Benefit and Advantage to those who deny the same to him, and to his People for his Sake. And it cannot be denied, but this Freedom is so very beneficial to his Subjects, and so wholly considerable to his Majesty under that Notion, that their very 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 settled Peace. His Majesty believes that some Carriers have been robbed by his Majesty's Soldiers; but 'tis as true that no Complaint hath been made to him of that Kind, which he hath not received to the Relief and Reparation of the Petitioners. And 'tis therefore his Desire that both Houses would join with him (at least during the Cessation) that there might be no more such Violences and Interruptions offered to his good Subjects by either side.
For the Imbarquing the Merchants Goods in foreign Parts, his Majesty denies that any Endeavour hath yet been made by his Ministers of State to that Purpose: But 'tis true, his Majesty hath declared his Resolution, which he shall pursue, that such Persons who absolve themselves from here, shall be deprived of those Advantages, and must not expect that Protection from him abroad, which is due, and which he always hath and will allow to his good Subjects. And this is not to make other Princes Arbiters of the Differences betwixt his Majesty and his People, but to use the mutual Amity and Correspondence with other Princes, for the Maintenance and Support of that Dignity for which it is made and entred into.
2. His Majesty did not demand the approving of the Commanders of Ships only, with reference to his present Right, for then he would have demanded, not the Approbation of the Commanders, but the ships themselves. But this Demand was and is a Thing most necessary for his Majesty, for the setting out the present Fleet, is pretended to be for the Defence of his Majesty's Dominions, and which cannot conveniently suffer any Alteration in Commanders, if the Cessation and Peace should be fully and speedily agreed upon. And therefore 'tis most necessary for his Majesty to know both the Designs, and to approve of the Commanders, who will not be so fit to be altered, when once they are sent out.
His Majesty cannot see how a Cessation at Sea between his Majesty and his Subjects, should leave the Kingdom naked to foreign Forces (a Continuance of War may well do it:) And his Majesty is willing to concur in the Resistance of all such, of what kind soever, and expects that during the Cessation, the conveying of all Forces, from one Part to another by Sea, for the Assistance of the Earl of Essex be restrained in their former Articles.
3. His Majesty's Opinion, How unfit it was to treat in Blood, sufficiently appear, this Debate concerning a Cessation, arising first from his Majesty's Motion (it being left out in the Answer to his Majesty for a Treaty:) In order to which he had, and hath great Reason to desire, that the Committee may have Liberty to debate and conclude any Differences and Expressions in the Articles of the Cessation, that the same may be reconciled and removed, without remitting all Questions to London: For as those now consented to, might in much less Time have been agreed here, if there had been that Liberty, so there can hardly be a right and clear Understanding of Intentions, without expounding of Words, and knowing the Meaning from each other; as in the Consent which his Majesty now understands to be given by both Houses, that no Forces shall, during the Cessation, be sent by Sea for the Relief of any Places now held by them, the Expression is not so clear, but referreth to Articles; in which if it was not comprised before (as his Majesty doth not conceive it was) no Alteration is made, by what now seems to the consented to, and the Liberty which to all Understandings may seem to be given, by removing out of one Quarter to another, within the Precincts proposed, is not yet so demonstrable; the Committee having no Power to answer what they understand in that Point which is most necessary to be known, that the Peace be not broken, during that Cessation: And his Majesty wonders that it should be thought unsafe or unfit to give such a conclusive Power of such Differences and Doubts to the Commitees here, where 'tis notoriously known, that the very Liberty and Property of the Subject is committed, not only to other Committees of the Houses, without reporting to the Houses, but to Persons who are employed by them, uninteressed in, and unacquainted with the Directions of either, or both Houses.
4. It was no Part of his Majesty's Intention, that his Article against Imprisonment of his Subjects, otherwise then according to the known Laws of the Land, should extend to the Destruction of the Military Discipline of either Army; but this is a very sufficient Instance of the Necessity of enabling some Persons to conclude upon these Articles, without which (through inanimadvertence or doubtfulness in the Expressions) they who are nearest of a Mind, will hardly ever come to conclude, if every Punctilio must be forced to be sent forward and backwards a hundred Miles: And, if this Authority had been given to the Committees here, as for such Causes was desired) a Limitation of half a Dozen Words (which would have been as soon agreed to as proposed) would have saved most of this Fourth Reason. And he that desires any thing necessary to the speed of this Cessation, gives a good Argument of desiring the Cessation it self; and whoever is averse to the one, can hardly be thought inclinable to the other.
But such of his Subjects as are not concerned in the Discipline of the Army, are not concerned in this Objection; and his Majesty hath Reason to insist, that the same Liberty may be restored to them, in which they were born, and the Care and Defence of which is so much and so merely pretended by those who deny it to them.
5. Though it grives his Majesty to the Soul, to see the present miserable Condition of his Subjects, groaning under so many visible Pressures, because of an invisible Necessity, and plundered and imprisoned to maintain such a defensive War, as was begun to be raised against him, before his Majesty had granted one Commission to raise a Man; yet he cannot but be pleased with the Ingenuity of this Confession, That the implicite Faith of his seduced Subject begins to wear out so fast, that the Authority of declaring new, unknown fundamental Laws, doth not now so work with them as to believe that these Taxes are laid according to the Laws of God and Man, nor the many Pretexces of imminent Dangers and inevitable Ruine of their Religion, Laws, and Liberties, perswade them to believe this Cause to be the Cause of the Kingdom: But if their Cause, Authority and Eloquence were not assisted by Force and Repine, their Army must needs be dissolved for want of being thought fit, much less necessary to be paid by those who have equal Right to judge of the Necessity and Danger, and for whose Sakes, Interests, and Concernments only it was pretended to be raised, and who are defended by it against their Wills: Nor Is it strange that his Majesty cannot receive these Charges upon him, as a Reason to make him contented and acquiesce with these Injuries to his Subjects: Or that they who saw his Majesty's Condition the last Year (till continued Violence against him, opened the Eyes and Hearts of his Subjects to his Assistance) should not believe that he began that War, which they saw him so unlikely to resist: Or that they, who could never find, nor hear from them (who use not too modestly to conceal what is for their Advantage) that from the Beginning of the World to this present Parliament, ever one Man was raised before by Commission from both Houses, should not believe that raising of that their Army to be so warranted as is pretended, and any more approve of their Law, then of their Necessity: Or that they who know that his Majesty (in whom the Power of making War and Peace was never denied to be, till these new Doctrines, which make it unlawful for him to do any Thing, and lawful to do any Thing against him, were of lat discovered) though he can legally raise an Army, is not allowed to be legally able to raise Money to maintain it, will not allow of the Argument, from the Power of Raising, to the Power of Taxing, and are as little satisfied with their Logick, as with their Law, and extreamly troubled to pay an Army they do not desire, for a Necessity they cannot see, by a Law they never hear of: And that other Men, without their Consent, must be jealous, fearful, and quick-sighted at their charges, and they have great Reason to be apt to suspect that these made most haste to make War, and have least Desire of making Peace, who in Time of War pretend their legal Power to be so vastly inlarged: His Majesty therefore hath great Reason to insist, that no Violence or Plundering be offered to his Subjects for not submitting to the illegal Taxes of one or both Houses, which in it self is equal, his Majesty being willing to be obliged from the like Course, and relying wholly upon the known Justice of his Cause, and the Affection of his People and in which (if the Kingdom be of their Mind, and believe the Cause of the contrary Army to be really their own) the Advantage will be wholly theirs, and this Judgment will be best given, when the People is left to their Liberty in this Decision.
His Majesty's real Desire of Disbanding the Armies, may fully appear by his often seeking, and earnest Endeavours to continue and conclude this Treaty in order to that Disbanding.
6. His Majesty leaves their Preamble to all the World to consider and to judge, Whether any Man by their saying they were ready to agree to his Majesty's Articles, in the manner as was express'd, would not have expected to have found after that Expression, that they had agreed at least to some one Thing material in them, and had not only meant by agreeing as was express'd, to express they would not agree at all.
For the Clause of Communication of Quarters so quietly left out, his Majesty looks upon it as of most infinite Importance, the leaving out of that having discomposed the Whole, many Things having in the rest been assented to, which were therefore only yielded, because the Inconveniencies growing by these Clauses, if they were alone, were salved by that Addition; and some Things in the other very dark and doubtful, were by that interpreted and cleared. And his Majesty is sufficiently informed how highly it concerns him, that every Thing be so clear, that after no Differences may arise upon any disputable Point, since they whose Union, Industry, Subtilty, and Malice could perswade any of his People, that in the Business of Brainford he had broken a Cessation before any was made or offered, would have a much easier Work to lay the Breach of a made Cessation to his Majesty's Charge, if the Ground of Breach would bear the least Dispute.
His Majesty doth agree, That to preserve Things in the same State on both Sides, with as little Advantage or Disadvantage to either, as the Matter will possibly bear, is truly the Nature of a Cessation, and is willing this Principle should be made the Rule, and never intended any Thing that should contradict it: But who cannot see the Inequality in this which is pretended? for could Sir Ralph Hopton, and the Earl of New-castle, come by this means to the King, and could not the Earl of Stamford, and Lord Fairfax to the Earl of Essex? Nor can his Majesty find any stronger Passes or Forces to binder his Armies from joining with him, then binders theirs from joining with them. If the Forces the unequal, Theirs will hardly binder the Passage of his without a Cessation; if they be equal, their coming in time of Cessation will be of equal Use and Advantage to their Side, somewhat in Point of Supplies to come with them expected; and some Advantage to one Side will be, poize it how you will. But on the other Side, if this Clause be not in, how much greater is the Disadvantage the other way by some Clauses? And how are his Forces (principally the Earl of New-castles) cooped up in old an eaten up Quarters, or necessitated to retire to such as are more barren and more eaten: So that if this were yielded to, under the Disguise of a Cessation, he must admit that which will much endanger the dissolving of the Army, and destruction of the Cause, which is such a Disadvantage, as is against the Nature of a Cessation formerly agreed and stated.
Notwithstanding all this, his Majesty to shew his extraordinary and abundant Desire of Peace, and to prevent the Effusion of Blood, is contented, if both Houses shall refuse to consent to his Propositions, which are so much for the Benefit and Advancement of the publick Trade, and Advantage of his good Subjects, to admit a Cessation upon the Matter of their own Articles (excepting that Liberty be given to the Committee to word it, according to the real Meaning and Intention: And that the Remove of Quarters within their own Bounds, which is intended, may be so expressed and understood, that no Mistakes may arise.) So that his Majesty may not be understood to consent to any imposing upon, levying, distraining, or imprisoning his good Subjects to force them to contribute, or assist against him (which he shall afterwards continue to inhibit, requiring all Men to resist those illegal Acts of Injustice and Violence, against which he doth absolutely protest:) And so that there may not be a Liberty for any rapine, plundering, or seizing upon his Subjects, by any of the Soldiers of that Army, for not submitting to such illegal Impositions as aforesaid; for otherwise, they may, during this Cessation (besides what is already imposed) impose new Taxes, not only to the nineteenth Part, but if they please (for their Pleasure is all their Bound) to the Half of, or all their Estates, upon his good Subjects in his City of London, and all Counties within their reach; and their Army would then be at leisure to be employed as Collectors as well of the old Impositions, (which in most Places without their Army they cannot levy) as of any such new one, and vast Sums would and might by this Means be raised to the Destruction of his Subjects, extraordinary Advantage o them, and great Disadvantage to his Majesty; who can neither obtain his own Consent to take the like Courses, nor in case he could, is he so quarter'd as to have within the Power of his Army, without Breach of the Cessation, by drawing nearer to their Forces, any such City, or so many, so rich, and so fresh Counties, as they have to retire into to that Purpose. So that as no thing can be more unequal to his Majesty, or more advantagious to them, then the Admission of, or Connivance at any such Practises upon his People, This Cessation to begin April 9. and to continue to the End of 20 Days from the 25th 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 speedely disbanded; otherwise if during this Cessation (in the Articles of which is Majesty in order to Peace, hath yielded to Things manifestly unreasonable and prejudicial to his Army) the Treaty be not dispatched, his Majesty cannot without manifest Ruin to his Army (principally that of the North) be able to contain himself beyond this Time limited for the Cessation, in the Quarters in which he hath so long been, and now is, and which will hardly be able to hold out so long, but must be forced to remove, as he shall find agreeable for his Occasions.
And in case any Delay be made in consenting to these his Majesty's 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.
John Browne, Cleric. Parliament.
Addition of four Days longer to Treat, April 4. 1643.
We 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 until Friday Night.
A Letter from both Houses, Received April 8. 1643.
We are commanded to send these inclosed Instructions to you from both pear unto you. This is all we have in command, and rest,
Your humble Servants,
Manchester, Speaker pro tempore
William Lenthall Speaker of the Commons House.
Westm. Apr. 7. 1643.
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, Sire William Armine Baronet, Sir John Holland Baronet, and Bulstrode Whitelock Esquire, Committees of both Houses of Parliament, attending his Majesty at Oxon.
Your are hereby to take notice, That the two Houses have considered his Majesty's Answer to their Reasons concerning the Cessation, wherein there are divers Expressions which reflect much upon the Honour 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 Majesty's Expressions so doubtful, that it cannot be suddenly or easily resolved; and the Remainder of the Time for the whole Treaty being but seven Days, if the Cessation were presently agreed, it would not yield any considerable Advantage to the Kingdom Wherefore you shall desire his Majesty, That he will be pleased to give a speedy and positive Answer to their first Proposition concerning the Disbanding, that so the People may 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 perpetual Blessing to them, by freeing the Kingdom from those miserable Effects of War, the Effusion of English Blood, and Desolation of many Parts of the Land.
For the Obtaining of which Happiness, 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, not withstanding 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 farther Instructions to proceed to the other Propositions, that so the whole Treaty may be determined within the twenty Days formerly limited, to be reckoned from the 25th of March last, which can admit no Alteration or Enlargement, without manifold Prejudice and Danger to the whole Kingdom.
John Browne Cler. Parl.
The King's Reply touching Cessation; and his Desire to enable the Commmittee to treat upon the Propositions in the mean time: And touching his coming to the Parliament.
If the Committee, according to his Majesty's Desire, had had but Power to agree in the Wording of Expressions in the Articles of Cessation, his Majesty's (which are as clear as the Matter would bear, and as he could make them) had not appeared so doubtful to any, but that the Cessation might have been suddenly and speedily resolved, and that long before this Time. And if the Expressions 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 Sharpness, no Expression of that Kind in his Majesty's 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 Marh whereas his Majesty first moved for a Cessation and Treaty without any Limitation at all in the Time of either, and his Majesty was most ready to have inlarged the Time (so that in the mean while the Point of Quarters might be so settled, as that his Armies might subsist) and which might have been (if they had pleased) 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 himself to be in a strange Condition, if the Doubtfulness of Expressions (which must always be whilst the Treaty is at such a distance, and Power is dented to those upon the Place to help to clear and explain) or his necessary Replying to Charges laid upon him (that he might not seem to acknowledge what was so charged) or the Limitation of the Time of seven Days for the Treaty (which was not limited by his Majesty, who ever desired to have avoided that and other Limitations which have given great Interruptions to it) should be as well believed to be the Grounds, as they are made the Arguments of the Rejection of that, which (next to Peace it self) his Majesty above all Things most desires to see agreed and settled, and which his Majesty hopes (if it may be 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 several Conditions in War and Peace, and what should move them to suffer so much by a Change, they will not think those their Friends that shall force them to it, or be themselves ready to contribute to the renewing of their former Miseries, without some greater Evidence of Necessity then can appear to them, when they shall have seen (as they shall see, if this Treaty be suffered to proceed) that his Majesty neither asks now denies any Thing, but what not only according to Law be may, but what in Honour and Care of his People he is obliged 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 therefore cannot but press again and again, that whatever is thought doubtful 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 Blood, and Desolation of England (until they can be totally taken away) may by this means be stayed 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 press 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 the other; in which Point, and for want of which Power from them, the only Stop now remains: His Majesty's 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 several Orders.
A Letter from both Houses, April 8.
We have sent unto you by this Gentleman, Sir Peter Killegrew, Some additional 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 remain,
Your Lordships humble Servants,
Manchester, Speaker of the House of Peers pro tempore.
W. Lenthall, Speaker of the Commons House in Parl.
Westm. Apr. 8. 1643.
Instructions concerning the Insisting, Received April 9. 1643.
Additional Instructions for Algernon Earl of Northumberland, William Lord Viscount Say and Seal, William Pierrepoint, Esq; Sir William Armyne, and sir John Holland Baronets, Bulftrode Whitlock, Esq; Committees from both Houses, attending his Majesty at Oxford.
Magazines, and inlarging the Time.
The two Houses of Parliament are unsatisfied with his Majesty's Answer to that Clause of the first Proposition which concerns the Magazines. Wherefore you are to desire his Majesty to make a further Answer in such manner as is epresss'd 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 twenty Days formerly limited.
Cinque-Ports, Towns, Forts, and Castles.
They likewise remain unsatisfied with his Majesty's Answer concerning the Cinque-Ports, Towns, Forts and Castles, being in the most material Points an express Denial: Wherefore you are to insist upon their Desire for another Answer according to your Instructions.
They observe in his Majesty's Answer concerning the Ships, not only a Denial 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.
They further conceive, That his Majesty's Answer to their first Proposition concerning the Disbanding, is in Effect a Denial, unless they desert all those Cautions and Limitations which they have desired in their Answer to his Majesty's first Proposition. Wherefore you are to proceed, insisting upon that Part of their first Proposition concerning the Disbanding, according to your Instructions.
King's Return to the Parliament.
You shall declare to his Majesty the Desire of both Houses of his Majesty's Coming to his Parliament, which they have often express'd with as full Offers of Security to his Royal Person, as was agreeable to their Duty and Allegiance; and they know no Cause why his Majesty may not repair hither with Honour and Safety, but they did not insert it into your Instructions, because they conceiv'd the Disbanding of the Armies, would have facilitated his Majesty's Resolution therein, which they likewise conceived was agreeable to his Majesty's Sense, who in declaing his Consent to the Order of the Treaty, did only mention that Part of the first Proposition which concerned the Disbanding, and did omit that which concerned his Coming 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 been given them in these troublesome Times; and that his Majesty's Answer lays some Tax upon the Parliament, as if defective, and thereby uncapable of making such a provisional 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 Majesty's positive Answer to the humble Desire of both Houses in these two first Propositions, according as they are express'd in your Instructions, before the twenty Days limited for the Treaty shall be expired; you shall then with convenient speed repair to the Parliament, without expecting any further Direction.
Joh. Browne Cler. Parliamentorum
His Majesty's Questions before the Treaty, and the Committee Answers, March, 25. 1643.
His Majesty desires to be answered these Questions in Writing, by the Committee of both Houses.
- 1. Whether they may not shew unto him those Instructions (according to which they are to treat and debate with his Majesty upon the two first Propositions) of which the last Message from both Houses taken notice, and refers unto?
- 2. Whether they have Power to pass from one Proposition to the other in the Debate, before his Majesty have express'd his Mind concerning the Proposition first entred into?
- 3. Whether they have Power to give an entire Answer to his Majesty's first Proposition, before his Majesty's Reply to any Part thereof, or to pass from any Part of that Proposition to another Part of the same, before his Majesty hath given a Reply concerning that Part?
- 4. Whether in Case his Majesty's Answer or Reply to any Part of either Proposition do 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 press or consent unto the Execution of either of these two Propositions, or any Part of them, 'till the whole Treaty be agreed upon?
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 Majesty. March 25. 1643.
The Papers concerning Leave to repair to his Majesty.
To the 1st. They are enjoyned not to shew or discover their Instructions, or give any Copy of them.
To the 2d. Concerning his Majesty's first Proposition, and the first Proposition of both Houses of Parliament, they humbly conceive they may pass 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 3d. They humbly conceive, That they are to receive his Majesty's Reply to that Part of the Proposition to which they give their Answer, before they proceed to any other Part of either Proposition.
To the 4th. They humbly conceive, That when they have received his Majesty's Answer or Reply to any Part of either Proposition, wherein they are not satisfied, they are to send that his Majesty's Answer or Reply to both Houses, and in the mean time may proceed to another Part of either Proposition.
To the 5th. They humbly conceive they may conclude these two Propositions if they be agreed unto according to their Instructions.
to the 6th. They humbly conceive they may press and consent unto the Execution of the two Propositions, according to their Instructions, before the whole Treaty be agreed upon.
March 27. 1643.
Whereas we humbly presented to your Majesty several Answers to your Majesty's Demands in your first Proposition, and in Reply to those Answers, we have received several Papers from your Majesty: Our humble Desires are, that your Majesty would be pleased to give us Leave to repair unto you, for our further Satisfaction upon any Doubts which shall arise amongst us in those Papers we have already received, or any other which we shall hereafter receive from your Majesty, before such Time as we shall transmit them to both Houses of Parliament.
March 28. 1643.
His Majesty is well pleased, That the Committee of both Houses repair unto him for their further Satisfaction upon any Doubts
which shall arise amongst them, in the Papers they have already received, or any other which they shall hereafter receive from his Majesty, and to which they shall not have acquiesced, before they transmit them to both Houses of Parliament.
March 26. 1643.
To that Part of your Majesty's first Proposition concerning your Majesty's own Revenue, we give this Answer.
The Papers concerning the Revenue.
The two Houses of Parliament have not made use of your Majesty's own Revenue, but in a very small Proportion, which for a good Part hath been employed in the Maintenance of your Majesty's Children, according to the Allowance established by your self. and the two Houses of Parliament will satisfie what shall remain due to your Majesty of those Sums received out of your Majesty's own 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 Majesty's Use, upon any of the Bills assigned to other Purposes, by several Acts of Parliament, or out of the Provision made for the War of Ireland.
March 26. 1643.
His Majesty knows not what Proportion of his Revenue hath been made use of by his two Houses of Parliament, but the hath Reason to believe that if much of it hath not been used, very much remains still in their Hands, his whole Revenue being to seiz'd and stopp'd by the Orders of one or both Houses, even to the taking a way of his Money out of his Exchequer and Mint, and Bonds (forced from his Cofferers Clerks) for the provision of his Majesty's Houshold, that very little hath come to his Majesty's Use for his own Support. He is well contented to allow whatsoever hath been imployed in the Maintainance of his Children, and to receive the Arrears due to himself, and to be sure of his own for the future.
He is likewise willing to restore all Moneys taken for his Majesty's Use by any Authority from him, upon any Bills 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 several 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 Acts of Parliament for the Relief of his poor Protestant Subjects of Ireland.
March 27. 1643.
His Majesty desires to be resolved by the Committee from both Houses, whether their Proposition to his Majesty to restore what hath been taken for his Majesty's Use upon any of the Bills, &c. be a new Demand, or a Condition upon which only that is granted which goes before?
March 27. 1643.
Whereas your Majesty desired to be resolved by us, whether the Proposition to your Majesty to restore what hath been taken for your Majesty's Use upon any of the Bills, &c. be a new Demand, or a Condition upon which only that is granted which goes before.
We humbly conceive it to be no new Demand, but whether it be such a Condition upon which only that which goes before is granted we are not able to answer.
W. Pierrepoint. W. Armyn. John Holland. B. Whitlock.
March 27. 1643.
Whereas we have received your Majesty's Answer of the 26th of this Instant to ours of the same Date, concerning your Majesty's own Revenue,
We humbly desire to know of your Majesty, if you will not accompt your own Revenue to be sure for the future, if both Houses of Parliament do leave it in the same way as it was before these Troubles did begin.
March 27. 1643.
His Majesty did intend in his former Answer by those Words (of being sure of his own for the future) that no Restraints or Interruption should be made by one or both Houses in and upon his Majesty's Revenue, but that it should be left in the same way it was before these Troubles did begin.
March 28. 1643.
We shall transmit your Majesty's Answer to that Part of your Proposition concerning your Revenue, to both Houses of Parliament, without farther Reply.
March 26. 1643.
To this Part of your Majesty's first Proposition concerning your Magazines, we humbly give this Answer.
The Papers concerning the Magazines.
That all the Armsand Ammunition taken out of your Majesty's Magazines, which shall remain in the Hands of both Houses of Parliament, shall be delivered into your Stores, and Whatsoever shall be wanting, they will in convenient Time supply in Kind, according to the Proportions which they have received. We likewise humbly propose unto your Majesty, That the Persons to whose Charge those publick Magazines shall be committed, being nominated by your Majesty, may be such as the two Houses of Parliament shall confide in. And that your Majesty will restore all such Arms and Ammunition as have been taken for your Majesty's Use from the several Counties, Cities, and Towns.
March 27. 1643.
His Majesty is content that all the Arms and Ammunition taken out of his Magazines, which do now remain in the Hands of both Houses, or of Persons imployed by them, be forth with delivered into such of his Stores as his Majesty shall appoint, and that whatsoever shall be wanting of the Proportions taken out from thence by them, be supplied by them with all convenient speed in kind. Which shall be committed to and continued in the Custody of the sworn Officers, to whose Places the same belong. And if any the said Officers shall have forfeited, or shall forfeit that Trust by any Misdemeanours, his Majesty will by no means defend them from the Justice of the Law.
For the Restoring all such Arms and Ammunition as have been taken for his Majesty's Use from the several Counties, Cities, and Towns; his Majesty being compelled to take them, his own being taken from him, did it always with this Caution and Promise to the Places from whence he took them, that he would, be the blessing of God, restore them again, and make recompence out of his own Stores, as soon as it should be in his Power which Promise he will make good to them, expecting that such Arms and Ammunition as have been taken from the several Counties, Cities and Towns, for the Use of the Armies under the Command of the Earl of Essex, be likewise restored to them.
March 28. 1643.
Whereas we have received your Majesty's Answer of the 27th Month, to ours of the 26th of this Instant, concerning your Majesty's Magazine,
We humbly desire to know of your Majesty what Time you intend, by the Expression in the Words (be forthwith delivered.) We likewise humbly desire to know in what Places your Majesty would have your Stores, and who are your sworn Officers your Majesty intends, that according to our Instructions we may transmit their Names to both Houses of Parliament.
March 28. 1643.
His Majesty intended by that Expression (be forthwith delivered) as soon as the Treaty shall be concluded, and agreed on.
March 29. 1643.
The Place of Store into which his Majesty is content that the Arms and Ammunition, taken out of his Magazines, be delivered, is his Tower of London; and the Officers he intends, are such as by Patent ought to receive and keep the same.
March 29. 1643. Concerning the Magazines.
We humbly desire, according to our Instructions, that the Persons to whose Charge the publick Magazines should be committed, being nominated by your Majesty, should be such as the Lords and Commons should confide in.
We, not knowing whether the two House will confide in Persons your Majesty mentions, must transmit their Names to both Houses of Parliament to receive their farther Instructions.
April 5. 1643.
His Majesty conceives his Answer concerning the Persons to whose Custody his Magazines shall be committed, to be very clear and sufficient, and shall forbear any more particular Nomination of them, the two Houses well knowing whether they have any just Exceptions to make against any of them, which if they have, his Majesty will leave them to the due Course of Justice,
April 10. 1643.
By Instructions Yesterday received from both Houses of Parliament, we are commanded humbly to desire your Majesty to make a further Answer to that Clause of the first Proposition which concerns the Magazines; and we are humbly to acquaint your Majesty, that the two Houses of Parliament do not think fit to enlarge the Time of the Treaty beyond the 20 Days, formerly limited, to be reckoned from the 25th of March last, which can admit to Alteration or Enlargement without manisold Prejudice and Danger to the whole Kingdom.
April 14. 1643.
His Majesty having made several Answers to that Clause of the first Proposition, which concerns the Magazines, knows not what Answer to make further, except he were informed what Part of the Propositions made to him was not clearly answered, or had Reasons given him to change and alter the Answer already made; neither of which is yet done. And he is very sorry that both Houses of Parliament have not thought fit to enlarge the Power of the Committee, (whereby less Time
would have served for the Treaty) and are so absolutely resolved not to enlarge the Time of the Treaty beyond the twenty Days which (by Messages and attending the Instructions of the House) are so near spent (notwithstanding all possible Readiness in his Majesty) and which in truth might have ended all the Proposition, if sufficient Authority had been given to the persons employed to debate and conclude: Neither can his Majesty understand why an Alteration or Inlargement, in the Point of Time, cannot be admitted without manifold prejudice and Danger to the whole Kingdom. He prays to God, that an Averseness to such an Alteration and Inlargement, may not prove an unspeakable Prejudice and Danger to the whole Kingdom.
March 27. 1643.
To that part of your Majesty's first Proposition, which concerns your Majesty's Towns and Forts, we humble give this Answer.
The Papers concerning the Towns, Forts, Cinque Ports, &c.
That the two House of Parliament will remove the Garrisons our of all Towns and Forts in their Hands, wherein there were no Garrisons before these Troubles, and slight all Fortifications made since that Time, and those Towns and Forts to continue in the same Condition they were in before, and that those Garrisons shall not be renewed, nor the Fortifications repaired, without Consent of your Majesty and both House of Parliament.
That for those Towns and Forts which are within the Jurisdiction of the Cinque-ports, they shall be delivered up into the Hands of such a Noble person as your Majesty shall appoint to be Warden of the Cinque-ports, being such a one as they confide in.
That the Town of portsmouth shall be reduced to the Number of the Garrison as was at the Time, when the Lords and Commons undertook the custody thereof; and such other Forts, castles and Towns as were formerly kept by Garrisons, and have been taken by both House of Parliament into their Care and Custody, since the beginning of these Troubles, shall be reduced to such proportion of Garrison as they had in the Year 1636, and shall be so continued. And that all the said Towns, Forts and Castles shall be delivered us into the Hands of such persons of Quality and Truth, to be likewise nominated by your Majesty, as the two House of parliament shall confide in.
That the Warden of the Cinque-ports, and all Governours and Commanders of Towns, Castles and Forts, shall keep the same Towns, Castles and Forts respectively for the service of your Majesty, and the Safety of the Kingdom; and that they shall not admit into any of them any Foreign Forces, or any other Forces raised without your Majesty's Authority, and Consent of the two House of Parliament; and the shall use their utmost Endeavours to suppress all Forces whatsoever, raised without such Authority and Consent; and they shall seize all Arms and Ammunition provided for any such Forces.
They likewise humble propose to your Majesty, that you would remove the Garrisons out of Newcastle, and all other Towns, Castles and Forts, where any Garrisons have been placed by your Majesty since these Troubles, and that the Fortifications be likewise slighted, and the Towns and Forts left in such state and Condition, as they were in the year 1636.
That all the other Towns, Forts and Castles, where there have been formerly Garrisons before these Troubles, may be committed to the charge of such persons to be nominated by your Majesty, as both Houses of Parliament shall confide in, and under such Instructions as are formerly mentioned.
And that those new Garrisons shall not be renewed, nor their Fortifications repaired without Consent of your Majesty and both Houses of Parliament.
March 28. 1643.
His Majesty is content that all the Garrisons in any Towns and Forts in the Hands of any persons imployed by the two Houses of Parliament, wherein there no Garrisons before these Troubles, be removed, and all Fortifications made since that time, may be slighted, and those Towns and Forts Shall for the future continue in the same Condition they were in before.
For the Cinque-ports they are already in the Custody of the Noble person, against whom his Majesty knows no just Exceptions, and who hath such a legal Interest therein, that his Majesty cannot with Justice remove his from it, until some sufficient Cause be made appear to him; but is willing if he shall at any time be found guilty of any Thing that may make him unworthy of that Truth, that he may be proceeded against according to the Rules of Justice.
The Town of Portsmouth, and all other Forts, Castles and Towns, as were formerly kept by Garrison, shall be reduced to their ancient proportion, and the Government of them put into the Hands of such persons against whom no just Exceptions can be made, all of them being, before these Troubles, by Letters patents granted to several persons against any of whom his Majesty knows not any Exceptions, and what shall be removed if just Cause shall be given for the same.
The Warden of the Cinque-Parts, and all Governours and Commanders of Towns, Castles and Forts, shall keep the same towns, Castles and Forts, as by the Law they ought to do, for his Majesty's Service, and the Safety of the Kingdom; and they shall not admit into any of them Foreign Forces, or other Forces raised or brought in contrary to the Law, but shall use their utmost Endeavour to suppress all such Forces and shall seize all Arms and Ammunition, which by the Laws and Statutes of the Kingdom they ought to seize.
The Garrison of Newcastle, and all other Towns, Castles and Forts, in which Garrisons have been placed by his Majesty since these Trobles, shall be removed, and all the Fortifications shall be slighted, and the Towns and Forts left in such State and Condition as they were in the Year 1636.
All other Towns, Forts and Castles, where there have been formerly Garrisons before these Troubles, shall be committed to the Charge of such persons, and under such Cautions and Limitations as his Majesty hath before express'd.
And no new Garrisons shall be renewed, nor their Fortification reported, otherwise then as by the Laws and Statutes of the Kingdom, they may or ought to be.
March 26. 1643.
Concerning the appointing of the Warden of the Cinque-Ports, and Governours of your Majesty's Towns. Castles and Forts, we humbly desire to know if your majesty's Reply both intend, that both Houses of Parliament may express their Confidence of the persons to whose truth those places are to be committed, for that we are directed by our Instructions, that if your majesty be pleased to assent thereunto, that you would nominate persons of Quality to receive the Charge of them. That we may forth with certifie both Houses of parliament, that there upon they may express their Confidence in those persons, or humble beseech your Majesty to name others; none of which Persons to be removed, during three Years next ensuing, without just Cause to be approved by both Houses or Parliament; and if any before removed, or shall die within the said space, the Persons to be put in the same Offices shall be such as both Houses shall confide in.
We humbly desire to know if your Majesty intends the Garrison of Portsmouth to be of such a Proportion as it was about the Year 1641. About which Time a new Supply was added to the former Garrison to strengthen it, which both Houses of Parliament think necessary to continue.
We humbly desire your Majesty would be pleased to give a more full Answer to this Clause, That they should not admit into them any foreign or other Forces, raised without your Majesty's Authority and Consent of the two Houses of Parliament, and that they shall use their utmost Endeavours to suppress all Forces whatsoever, raised without such Authority and Consent, and that those Garrisons should not be renewed, or their Fortifications repaired without Consent of your Majesty and both Houses of Parliament.
April 5. 1643.
His Majesty doth not intend that both Houses of Parliament shall express their Confidence of the Persons to whose Trust the Cinque-Ports, or other his Majesty's Towns, Castles, and Forts now are, or shall be committed, but only that they shall have liberty upon any just Exceptions to proceed against any such Persons according to Law; his Majesty being resolved not to protect them against the publick Justice. And well knowing that when any of those Places shall be void, the Nomination and free Election is a Right belonging to; and inherent in his Majesty, and having been enjoyed by all his Royal Progenitors, his Majesty will not believe that his well-affected Subjects will desire to limit him in that Right.
His Majesty intends the Garrison of Portsmouth to be of such a Proportion as it was in the Year 1641, except he finds good Cause to enlarge or diminish the Proportion.
His Majesty cannot give a more full Answer to that Clause concerning the Admission of Forces into any of his Ports, Castles and Towns, then he hath already given, his Majesty having therein made the Laws and Statutes of the Kingdom the Rule of what is, or what is not to be done, which will be always the most impartial Judge between him and his People.
April 10. 1643.
By Instructions Yesterday received from both Houses of Parliament, we are commanded humbly to desire another Answer from your Majesty concerning the Cinque-Ports, Towns, Forts, and Castles, your Majesty's former Answers concerning them being, in the most material Points, express Denials, as both Houses of Parliament understand them.
April 14. 1643.
His Majesty will not at this Time remember the many Acts of Grace and Favour he hath passed this Parliament for the Good of his People; but he must say, he hath not denied any one Thing proposed to him by both Houses, which in Justice could be required of him, or in Reason expected; and he hath been, and is still so unwilling to give a Denial to both his Houses, that as they shall be sure to receive none to any Proposition they shall make of Right, so in Matters of Grace and Favour, he shall be willing to receive any Information and Reason, which at any time may invite him to consent, and therefore will gladly receive any Reason from the Committee, or both Houses, which may induce his Majesty to
give another Answer, then what he hath already given in the Point of the Cinque-Forts, Forts and Castles; but till such be given, he cannot consent to dispossess any of his Servants of what they are legally possess'd without a just Cause express'd, or to quit his own Right of sole disposing of their Commands, no other Cause yet appearing to him, then that the Places they command have been taken from him.
April 14. 1643.
Your Majesty, in one of your Papers this Day delivered unto us, mentions that you would gladly receive any Reason from both Houses, or their Committees, which may induce your Majesty to give another Answer then what you have already given in the Point of the Cinque-Ports, Forts, Castles and Magazines.
We did according to our Instructions, humbly desire your Majesty that the Cinque-Ports, Forts and Castles, might be put into the Hands of such Noble Persons and Persons of Quality and Trust, to be nominated by your Majesty, as the two Houses of Parliament shall confide in, and to be kept for your Majesty's Service, and the Safety of the Kingdom, that no Foreign Forces, or other Forces raised without your Majesty's Authority, and Consent of the two Houses of Parliament, should be admitted into any of them, and the Commanders to use their utmost Endeavours to suppress all Forces raised without such Authority and Consent, and to seize all Arms and Ammunition provided for any such Forces.
Unto which we humbly desire your Majesty's gracious Assent, and to our other Desires concerning your Majesty's first Proposition, and the first Proposition of both Houses of Parliament, for that we humbly conceive your Consent thereunto will be the best Means for such a Peace to be made, as will be safe, firm and lasting, the which is not to be hoped for, except there be a Cure for Fears and Jealousies, for which anapparent Remedy is to disband all Forces, and the same to be so mutually done, as neither Part to have any Force remaining of which the other may be jealous or in fear; but if for other Causes, not concerned in these unhappy Differences, Forces are to be retained, as in the Cinque-Ports, and in some Forts, Towns and Castles for the Defence of the whole Kingdom against Foreign Enemies; that then the same may remain in the Hands of such Persons, with such Powers, as both Parts might believe themselves secure; for if the same Places were considered in Relation only to these unnatural Distempers, and to the settling thereof, the Forces in them were likewise to be disbanded.
April 15. 1643.
As his Majesty was and is very desirous to receive any Reason from both Houses, or their Committee, which might induce his Majesty to give other Answers, if what he hath or shall give do not satisfie; so he rather expected those Reasons should have had their Foundation in the Law of the Land, and have shewed him that by Law he had not the Right he pretended, or that by that, or by some fundamental Law they had a Right superiour unto his in what is now in question, or have shewed him some legal Reason why the Persons trusted by him were incapable of that Trust then only have insisted upon Fears and Jealousies, of which as he known not the Ground, so he is ignorant of the Cure. But this his Majesty knows that if Readiness to acknowledge, retract and provide against, for the future, any Thing of Error that hath hapned against Law, and having actually passed more important Bills, and parted with more of his known Right for the Satisfaction of his Subjects, then not only any one, but all his Predecessors would have thought a sufficient Remedy for Fears and Jealousies,
the Kingdom might still have enjoyed a safe, firm, and lasting Peace, and those would not first have been made a Reason to seize upon his Rights, and then after have been made an Argument to perswade him to part with them. And his Majesty wonders the Committee should not see that this Argument might extend to the depriving him of, or at least, sharing with him in all his just Regal Power (since Power as well as Forces may be the Object of Fears and Jealousies, and there will be always a Power left to hurt whilst there is any left to protect and defend;) and that if those Rights, which he received from his Predecessors, were really so formidable, that would have been more feared before, which is now feared so much, and his Forts and Castles would either not have been attempted, or at least himself have been enabled to defend and keep them, and have kept this from being a Question now between them. Which since they could not do, his Majesty (if he had as much Inclination, as he hath more Right, to Fears and Jealousies) might have more Reason to insist upon some Addition of Power, as a Security to enable him to keep his Forts, when he hath them, then they to make any Difficulty to restore them to him in the same Condition they were before. But as his Majesty contents himself with, so, he takes God to Witness, his greatest Desire is always to observe and maintain the Law of the Land, and expects the same from his Subjects, and believes the mutual Observance of that Rule, and neither of them to fear what the Law fears not, to be on both Parts a better Cure for that dangerous Disease of Fears and Jealousies, and a better Means to establish a happy and a perpetual Peace, then for his Majesty to devest himself of those Trusts which the Law of the Land hath settled in the Crown alone, to preserve the Power and Dignity of the Prince, for the better protection of the Subject, and of the Law, and to avoid those dangerous Distractions which the Interest of any Sharers with him would have infallibly produced.
March 27. 1643.
To the Part of your Majesty's first Proposition which concerns your Ships, we humbly give this Answer.
The Papers concerning the Ships.
That the Ships shall be delivered into the Charge of such a Noble Person as your Majesty shall nominate to be Lord High Admiral of England, and the two Houses of Parliament confide in, who shall receive the same Office by Letters Patents, quàm diu se bene gesserit, and shall have Power to nominate and appoint all subordinate Commanders and Officers, and have all other Powers appertaining to the Office of High Admiral, which Ships he shall imploy for the Defence of the Kingdom against all Foreign Forces whatsoever, and for the Safeguard of Merchants, securing of Trade, and the guarding of Ireland, and the Intercepting of all Supplies to be carried to the Rebels, and shall use his utmost Endeavour to suppress all Forces which shall be raised by any Person without your Majesty's Authority, and Consent of the Lords and Commons in Parliament, and shall seize all Arms and Ammunition provided for Supply of any such Forces.
March 28. 1643.
His Majesty expects that his own Ships be forthwith delivered to him, as by the Law they ought to be. And when he shall please to nominate a Lord High Admiral of England, it shall be such a Noble Person against whom no just Exception can be made; and if any such be, his Majesty will always leave him to his due Trial and Examination, and grant his Office to him by such Letters Patents as have been used; in the mean time his Majesty will govern the said Admiralty by Commission, as in all Times hath been accustomed. And whatever Ships shall be set forth by his
Majesty, or his Authority, shall be imployed for the Defence of the Kingdom against all Foreign Forces whatsoever, for the safeguard of Merchants, securing of Trade, guarding of Ireland, and the intercepting of all Supplies to be carried to the Rebels, and shall use their utmost Endeavours to suppress all Forces which shall be raised by any Person whatsoever, against the Laws and Statutes of the Kingdom, and to seize all Arms and Ammunition provided for the Supply to any such Forces.
March 29. 1643.
We humbly desire your Majesty would be pleased to give a more full Answer to the Clause for the Ships to be delivered into the Charge of such a Noble Person as your Majesty shall nominate to be Lord High Admiral of England, and the two Houses of Parliament confide in, who shall receive the same Office by Letters Patents, Quàm diu se bene gessert.
And to that Clause, To suppress all Forces which shall be raised by any Person without your Majesty's Authority, and Consent of the Lords and Commons in Parliament.
Whereunto if your Majesty shall be pleased to give your Afsent, we conceive we are then directed by our Instructions, humbly to desire your Majesty to nominate such a Noble Person to be Lord High Admiral of England that we may forthwith certifie both Houses of Parliament, that thereupon they may express their Confidence in that Person, or humbly beseech your Majesty to name another; and that in case such Noble Person, who shall be appointed to be Lord High Admiral of England shall be removed, or shall die within the space of three Years next ensuing, that the Person to be put in the same Office, shall be such as both Houses shall confide in.
April 5. 1643.
His Majesty conceives his former Answer of the 28th of March, concerning the Ships, to be so full, that he can add nothing; thereunto in any Part of it.
His Majesty conceiving it all the Justice in the World for him to insist, That what is by Law his own, and hath been contrary to Law taken from him, be fully restored unto him, without conditioning to impose any new Limitation upon his Majesty or his Ministers, which were not formerly required from them by Law, and thinking it most unreasonable to be press'd to diminish his own just Rights himself, because others have violated and usurped them.
April 10. 1643.
By Instructions yesterday received from both Houses of Parliament, we are commanded humbly to insist upon the Desires of both Houses expressed in the former Papers concerning the Ships: And both Houses of Parliament do observe in your Majesty's Answer, not only a Denial to all their Desires, but likewise a Censure upon their Proceedings.
April 14. 1643.
His Majesty for the present forbears any farther Answer touching his Ships, desiring first to receive the Answer of both Houses to his Message of the twelfth of this Month: But his Majesty will howsoever, before their Departure hence, give them a further Answer. Falkland.
April 15. 1643.
His Majesty gave so clear a Reason to justifie what he insisted upon in the Point of the Ships, that he cannot but wonder to see the same again prest on him, and yet both the Reason he gave, left unanswer'd, and
no other Reason opposed to weigh against it. His Majesty's End in this, was not to lay any Censure upon their Proceeding, but it being necessary to the Matter in question, for his Majesty to say what had been done, and the Matter of Fact being such, as it seems could not be repeated, but it must appear to be censured; his Majesty did not think himself bound to be so tender of seeming to censure their Proceedings, as by waving his own true reasonable Justifications, to leave his own naked and exposed to a general Censure. And his Majesty 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 took them, or free themselves from so just and inconsumable a Censure, by a speedy and unlimited Restoration. Upon which Demand,, his Majesty's Care of his ancient and undoubted Rights, doth oblige him to insist. And when his Majesty shall think fit to make an Admiral, as near as he can, he shall be such an one, against whom no just Exception can be made, and if any shall be offer'd, he will readily leave him to the Trial of the Law.
March 29. 1643.
The Papers concerning the Oath for Officers.
We are humbly to desire your Majesty, that all Generals and Commanders in any of the Armies on either Side, as likewise the Lord Admiral of England, the Lord Warden of the Cinque-Ports, all Commanders of any Ships, and Commanders of any Town, 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 Kingdom against all Foreign Forces, and all other Forces rais'd without your Majesty's Authority, and Consent of the two Houses of Parliament.
April 5. 1643.
His Majesty conceives the Oaths which all those Officers are already by Law obliged to take, to be very full and sufficient: But if any thing shall be made appear unto him necessary to be added thereunto, when there shall be a full and peaceable Convention in Parliament, his Majesty will readily consent to an Act for such an Addition.
April 10. 1643.
By Instructions Yesterday received from both Houses of Parliament, we are commanded humbly to inform your Majesty, that both Houses of Parliament conceive the ordinary Oaths of the Officers mentioned in your Answer concerning the same are not sufficient to secure them against the extraordinary Causes of Jealousie, which have been given them in these troublesome Times: And that your Majesty's Answer lays some Tax upon the Parliament, as if defective, and thereby uncapable of making such a provisional 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 Majesty concerning this Matter.
April 14. 1643.
His Majesty did not refuse by his former Answer to consent to any such Oath as shall be thought necessary, tho' he did, and doth still conceive the Oaths already settled by Law to be sufficient, neither did he ever suppose the Parliament incapable of making a provisional Law for such an Oath; but as he would be willing to apply any proper Remedy to the extraordinary Causes of Jealousies, if he could see that there were such Causes, so he will be always most exact in observing the Articles agreed on in preserving the true reformed Protestant Religion, and the Peace of the
Kingdom against Foreign Forces, and other Forces raised or imployed against Law. And when both Houses shall prepare and present such an Oath, as they shall make appear to his Majesty to be necessary to those Ends, his Majesty will readily consent to it.
March 28. 1643.
His Majesty's Answer to the first Proposition of both his Houses of Parliament.
The Papers concerning the Disbanding of the Armies
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 do) 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 repair thither as soon as he can possibly do it with his Honour and Safety.
March 29. 1643.
We 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 Majesty in the Name of both Houses, that a neer Day may be agreed upon for the Disbanding of all the Forces in the remote Parts of Yorkshire, and the other Northern Counties, as also in Lancashire, Cheshire, and in the Dominion of Wales, and in Cornwall 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 thereunto 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 to them.
That some Officers of both Armies may speedily meet to agree of the Manner of Disbanding, and that fit Persons may be appointed by your Majesty and both Houses of Parliament, who may repair to the several Armies, and see the Disbanding put in speedy Execution accordingly.
March 29. 1643.
Concerning your Majesty's Answer to the Proposition of both Houses for Disbanding of the Armies.
We humbly desire to know, if by the Words (By a happy and speedy Conclusion of the present Treaty) your Majesty do intend a Conclusion of the Treaty on your Majesty's first Proposition, and their Proposition for Disbanding the Armies, or a Conclusion of the Treaty on all the Propositions of both Parts.
We have given speedy Notice to both Houses of Parliament, of your Majesty's Desires, that the Time given to the Committee of both Houses to treat may be enlarged. To the last Clause we have no Instructions.
April 5. 1643.
His Majesty intended by the Words, By a happy and speedy Conclusion of the Treaty, such a Conclusion of or in the Treaty, as there might be clear Evidence to himself, and his good Subjects, of a future Peace, and no Ground left for the Continuance and 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 Days.
April 5. 1643.
When the Time for Disbanding the Armies shall be agreed upon, his Majesty well approves that some Officers of both Armies may speedily meet to agree on the Manner of Disbanding, and that fit Persons may be appointed by his Majesty, and both Houses of Parliament, who may repair to the several Armies, and see the Disbanding speedily put in Execution accordingly.
April 6. 1643.
We humbly desire to know, if by the Words (By a happy and speedy Conclusion of the present Treaty) your Majesty intends a Conclusion of the present Treaty on your Majesty's first Proposition, and the Proposition of both Houses for Disbanding of the Armies, or a Conclusion of the Treaty on all the Propositions of both Parts.
And what your Majesty intends to be a clear Evidence to your self, and your good Subjects of a future Peace, and no Ground left for the Continuance or Growth of these bloody Dissentions.
April 6. 1643.
His Majesty desires to know from the Committee of both Houses, whether they acquiesce with his Majesty's Replies to their Answers concerning his first Proposition, which Yesterday they received from him, and to which they have yet made no Return.
His Majesty likewise desires to know, whether they have yet received Power and Instructions to treat with his Majesty concerning his Return to his two Houses of Parliament, which is Part of the first Proposition of both Houses.
April 6. 1643.
We shall transmit your Majesty's Replies to our Answers, concerning your first Proposition to both Houses of Parliament, without farther Reply.
We likewise humbly answer, That we have not received any Power or Instructions to treat with your Majesty concerning your Return to your two Houses of Parliament, but we assure our selves they will give your Majesty Satisfaction therein.
April 7. 1643.
His Majesty conceives his Answers already given, (for he hath given two) to be very clear and significant. And if the Conclusion of the present Treaty on his Majesty's first Proposition, and the Proposition of both Houses, shall be so full and perfectly made, that the Law of the Land 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, there will be thence a clear Evidence to his Majesty and his good Subjects of a future Peace, and no Ground left for the Continuance and Growth of these bloody Dissentions, and it will be such a Conclusion as his Majesty intended.
His Majesty never intended that both Armies should remain undisbanded untill all the propositions of both Sides were fully concluded. But his Majesty is very sorry that in that Point of the Proposition of both Houses, which hath seemed to be so much wished, and which may be so concluded as alone much to conduce to the Evidence destred, (viz. his Return to both Houses, to which his Majesty in Answer hath expressed himself to be most ready, whensoever he may do it with Honour and Safety) they have yet no manner of Power or Instructions so much as to treat with his Majesty.
April 7. 1643.
We have not transmitted your Majesty's Answer to the Proposition of Disbanding, wherein your Majesty mentions your self to be most ready to return to both Houses of Parliament, whensoever you may do it with Honour and Safety, for that we humbly conceive, we are to expect your Majesty's Answer to that Proposition this Day received, before we could give a due Accompt thereof to both Houses of Parliament, the which we will presently send away without farther Reply.
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 Majesty's 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 Majesty's Expressions so doubtful, that it cannot be suddenly or easily resolved, and the Remainder of the Time for the whole Treaty being but seven Days, if the Cessation were not presently agreed, it would not yield any considerable Advantage to the Kingdom.
Wherefore 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 perpetual Blessing to them, by freeing the Kingdom from these miserable Effects of War, the Effusion of English Blood, and Desolation of many Parts of the Land.
April 10. 1643.
By Instructions Yesterday received from both Houses of Parliament, we are commanded humbly to insist upon that Part of the first Proposition of both Houses of Parliament, concerning the Disbanding, according to the Papers we have formerly presented to your Majesty thereupon. And we are humbly to acquaint your Majesty, That both Houses of Parliament do conceive your Majesty's Answer concerning the Disbanding to be in Effect a Denial, unless they desert all those Cautions and Limitations, which they had desired in their Answer to your Majesty's first Proposition.
April 10. 1643.
By Instructions from both Houses of Parliament Yesterday received, we are commanded to declare unto your Majesty the Desire of both Houses for your Majesties coming to your Parliament, which they have often expressed with full Offers of Security to your Royal Person, agreeable to their Duty and Allegiance, and they know no Cause why your Majesty may not return thither with Honour and Safety; but they did not insert it into our Instructions, because they conceived the Disbanding of the Armies would have facilitated your Majesty's Resolution therein, which they likewise conceived was agreeable to your Majesty's Sense, who in declaring your Consent to the Order of the Treaty, did only mention that Part of the first Proposition which concerned the Disbanding, and did omit that which concerned your Majesty's Coming to both Houses of Parliament.
April 14. 1643.
His Majesty had great Reason to expect, That as he answered to every Part of the first Proposition of both Houses, so the Committee should likewise have had Power and Instructions to treat with his Majesty concerning both Parts of the same; nor had the Houses any Reason to suppose their Course agreeable to his Majesty's Sense, for his Majesty in declaring his Consent to the Order of the Treaty, indeed mentioned their first Proposition by the Stile of the first Proposition which concerned Disbanding, but did not stile it that part of the first Proposition which concerned Disbanding, as, if he had meant to have exclude any Part of that Proposition from being treated on, he would and ought to have done; but though his Majesty's Answers in the point of Disbanding and return to his Parliament, were as particular and as satisfactory as his Majesty has Cause to make, or could well give, till this latter Part were consented to be treated upon; yet out of his great Desire of Peace, and of complying with both Houses his Majesty hath made a full and particular Answer and Offer to both House concerning as well the first Part of their first Article, upon which he hath treated with the Committee, as that upon which they have yet no Power to treat, tho' his Majesty hath press'd that such Power might be given to them.
April 14. 1643
We received Instructions from both Houses of Parliament the Ninth of this present April, and in pursuance thereof, we humbly presented a Paper to Your Majesty upon the Tenth of this Instant, wherein those Instructions were expressed, and the Desire of both Houses concerning Your Majesties return to your Parliament.
April 15. 1643.
His Majesty doth acknowledge to have received a Paper from the Committee upon the Tenth of April, expressing, that they had received Instructions, to Declare unto His Majesty the Desire of both Houses for His Majesties coming to His Parliament, which they had often express'd with full Offers of Security to his Royal Person, agreeable to their Dury and Allegiance; and that they know no Cause why His Majesty might not return thither with Honour and Safety. But as the Committee had before acknowledged in a Paper of the Sixth of April, not to have any Power or Instructions to Treat with His Majesty concerning His Return to His two Houses of Parliament; and as this Paper mentioned no Instructions to Treat, but only to deliver that single Message concerning it, so His Majesty took it for Granted, that if they had received any new Power or Instructions in that Point, they would have Signified as much to Him; and therefore conceiving it in vain to Discourse, and impossible to Treat upon that, with those, who had no Power to Treat with Him, His Majesty address'd that Answer concerning that Point to both Houses, of which His Majesty took notice to the Committee in a Paper of the Seventh of April, and which was shewed to them before He sent it. And if both Houses will upon it but Consent, to give His Majesty such Security as will appear to all indifferent Persons to be agreeable to their Duty and Allegiance, (those Tumults which drove Him from thence, and what followed those Tumults, being a most visible and sufficient Reason why He cannot Return thither with His Honour and Safety, without more particular Offers of Security, than as yet they have ever made Him) all Disputes about that Point between them, will be soon ended, and His Majesty speedily return to them, and His whole Kingdom to their former Peace and Happiness.
The Treaty going thus slowly on, His Majesty thought fit on the 12th of April to send this following Message to the Two Houses.
Kings Message to the Parliament April 12.
To shew to the whole World how earnestly His Majesty longs for Peace, and that no Success shall make him desire the continuance of his Army to any other end, or for any longer time than that and untill Things may be so settled, 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 own Revenue, Magazines, Ships, and Forts, in which he desires nothing but that the just, known, legal 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, unless any just and legal Exceptions against any of the Persons trusted by Him, (which are yet unknown to His Majesty) can be made appear 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 Majesty 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 Privileges, and the high Dishonour of Parliament have formerly assembled about both Houses, and awed the Members of the same; and occasioned two several Complaints from the Lords House, and two several Desires of that House to the House of Commons, to join in a Declaration against them; the complying with which Desire might have prevented all these miserable Distractions which have ensued. Which Security His Majesty conceives can be only settled by Adjourning the Parliament to some other Place, at the least Twenty Miles from London, the choice of which His Majesty leaves to both Houses.
His Majesty will most cheerfully 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 Seditious Preaching and Printing against His Majesty, and the Establish'd Laws, which hath been one of the chief Causes of the present Distractions; and such care will be taken concerning the legal and known Rights of His Majesty, and the Property and Liberty of his Subjects, that whatsoever hath been Publish'd or done, in or, by colour of any illegal Declaration, Ordinance, or Order of one or both House, or any Committee of either of them, and particularly the Power to raise Arms without His Majesty's 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 disturb the Peace of the Kingdom, and to endanger the very Being of it.
And in such a Convention His Majesty is Resolved by His Readiness to Consent to whatsoever shall be proposed to Him by Bill, for the real 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 Practices of Papists against the State, and the due Execution of the Laws, and true levying of the Penalties against them) to make known to all the World how causeless those Fears add Jealousies have been, which have been railed against Him, and by that so Distracted this miserable Kingdom.
And if this Offer of His Majesty be not Consented to, (in which he Asks nothing for which there is not apparent Justice on His Side, and in which He defers many Things highly concerning both Himself 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 appear to all the World, not only 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 poor Kingdom (which is too likely to ensue) will not by the most interressed, passionate, or prejudicate Person be imputed to His Majesty.
The Parliaments Commissioners at Oxford had intimation of this Message before it was sent, and disswaded the sending of it, as that which they fear'd would break off the Treaty, it being improbable that the Houses would leave the City of London, their best Friends and Strength, and put a Discontent upon them; yet the King was prevailed with to send it, which the Houses had no sooner Receiv'd, but they Resolved to recal their Commissioners, sending them positive Orders, immediately to Return, which they Obey'd; and so the Treaty having continued from the Fourth of March to the Fifteenth of April, concluded without Effect.
Mr. Bulstrode Whitelock, one of the Parliaments Commissioners at their Treaty, mentioning the same in his Memorials, (lately Printed) fol. 65. has these further Notes relating thereunto.
Mr. Whitlock's Account of this Treaty.
'The King (says he) used them [that is, the Parliaments Commissioners] with great Favour and Civility, and his General Ruthen, and divers of his Lords and Officers, came frequently to their Table, and they had very Friendly Discourse and Treatments together. The King himself did them the Honour sometimes to Accept of part of their Wine and Provisions, which the Earl sent to him, when they had any thing extraordinary. Their Instructions were very strict, and tied them up to Treat with none but the King himself, whom they often attended at his Lodgings in Christ-Church, and had Access at all times when they desired it, and were allow'd by his Majesty a very free Debate with him.'
'He had commonly waiting on him, when he Treated with them, Prince Rupert, and the Lord Keeper Littleton, the Earl of Southampton, the Lord Chief Justice Banks, and several Lords of his Council, who never Debated any Matters with them, but gave their Opinions to the King in those Things which he Demanded of them; and sometimes would put the King in Mind of some particular Things, but otherwise they did not Speak at all.'
'In this Treaty the King manifested his great Parts and Abilities, strength of Reason, and quickness of Apprehension, with much patience in hearing what was Objected against him; wherein he allowed all freedom, and would himself Sum up the Arguments, and give a most clear Judgment upon them.'
'His Unhappiness was, That he had a better Opinion of others Judgments than of his own, though they were weaker than his own; And of this the Parliaments Commissioners had Experience to their great Trouble.'
'They were often waiting on the King, and Debating some Points of the Treaty with him until Midnight, before they could come to a Conclusion. Upon one of the most material Points, they pressed his Majesty with their Reasons, and best Arguments they could Use, to grant what they Desired. The King said, he was fully Satisfied, and Promised to give them his Answer in Writing, according to their Desires; but because it was then past Midnight, and too late to put it into Writing, he would have it drawn up the next Morning (when he commanded them to wait on him again) and then he would give them his Answer in Writing, as it was now agreed upon.'
'They went to their Lodgings full of joyful Hopes to receive this Answer the next Morning; and which being given, would have much conduced to an happy Issue and Success of this Treaty; and they had the King's Word for it; and they waited on him the next Morning at the Hour appointed. But instead of that Answer which they Expected, and were Promised, the King gave them a Paper quite contrary to what was concluded the Night before, and very much tending to the Breach of the Treaty. They did humbly Expostulate this with his Majesty, and pressed him upon his Royal Word, and the ill Consequences which they feared would follow upon this his new Paper; But the King told them, he had alter'd his Mind, and that this Paper which he now gave them, was his Answer, which he was now Resolved to make upon their last Debate; And they could obtain no other from him, which occasioned much Sadness and Trouble to them.
Some of his own Friends, of whom the Commissioners enquired touching this Passage, informed them, That after they were gone from the King, and that his Council were also gone away, some of his Bed-Chamber (and they went higher) hearing from him what Answer he had promised, and doubting that it would tend to such an Issue of the Treaty as they did not wish, (they being rather for the continuance of the War) never left pressing, and persuading his Majesty, till they prevailed with him to change his former Resolutions, and to give Order for his Answer to be drawn, as it was now delivered.'
The Parliaments Declaration, and King's Answer touching this Treaty, to be Read in the Appendix N.
On the Sixth of May following, the Two Houses set forth a Declaration touching this Treaty, with certain Intercepted Letters therein Referred unto; whereunto his Majesty largely Answered, which being both very long, are Referred to the Appendix.