Basiliká the works of King Charles the martyr : with a collection of declarations, treaties, and other papers concerning the differences betwixt His said Majesty and his two houses of Parliament : with the history of his life : as also of his tryal and martyrdome.

Reasons for the Committee, Martii 27. 1643.

To the Kings 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 although they were ready to agree to the Articles of Cessation in such manner as they exprest 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 prest by Your Majesty.

I. They do deny that they have restrained any Trade, but to some few of those places where Your Majesty's Forces are inquartered, and even now in the heat of War do per∣mit 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, Mony and Bullion: But if they should grant such a free Trade as Your Majesty desired to Oxford and other places, where Your Forces remain, it would be very difficult, if not impossible, to keep Arms, Am∣munition, Mony and Bullion from passing into Your Majesty's Army, without very strict 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 Mis∣chiefs and Inconveniences to the whole Kingdom would be far greater than any Advan∣tage which that small number of Your Subjects (whom it concerns) can have by it.

The case then is much otherwise than is exprest by Your Majesty's Answer: for whereas they are charged not to give the least admission of this liberty and freedom of Trade during the Cessation; the truth is, that they do grant it as fully to the benefit of the Subject even in time of War; and that Your Majesty in pressing this for the Peoples good, doth therein desire that which will be very little beneficial to the Subjects, but ex∣ceeding 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 adja∣cent Counties, and so draw Mony thither, whereby the Inhabitants will be better ena∣bled by Loans and Contributions to support Your Majesty's Army. And as Your Ma∣jesty'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 probability that the Army raised by the Lords and Commons 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 thought 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 requires; so they beseech Your Majesty to consider, whether Your Souldiers have not robbed the Carriers in seve∣ral parts where there hath been no such reason, and Your 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 embarque the Merchants goods in Forein parts, which hath been in some mea∣sure executed upon the East-land 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, break off the inter∣course betwixt this and other States, and like to bring us into quarrels and dissentions with all the neighbour-Nations.

II. 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 Forein 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 ano∣ther, they shall observe the Articles of the Cessation by which that is restrained.

III. 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 Differences as may arise, wherein the Houses have given no express direction, is neither safe for the Committee to undertake, nor fit for the two Houses to grant; yet to debate and to press the reason of their desires, whereby an Agreement from Your Majesty may be procured, is granted to them. And although 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 satisfie 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.

IV. 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 Sub∣jects may carry such goods from London, or any other place, to Oxford: the Souldiers must not be committed if they run from their Colours and refuse any duty in the Army: no man shall be committed for not submitting to necessary supplies of Mony. 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 Souldiers. It cannot be thought reasona∣ble, 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 sup∣plies for this Army, or mutining 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 interrupt this limitation of known Laws, that though it lays streight bonds upon the two Houses, yet it leaves 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 Houses 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 Majestys Commission have that power by the same known Laws. So that this Article, under the specious shew of Liberty and Law, would altoge∣ther disable them to defend their Liberties and Laws, and would produce to Your Ma∣jesty an absolute Victory and Submission, under pretence of a Cessation and Treaty.

V. Being by necessity inevitable on their part enforced to a defensive War in this un∣happy 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 Law 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 joyn 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.

VI. They deny any pretence of consenting to those Alterations and Additions offered by Your Majesty; only in the Preamble they say they have considered of those Articles, with such Alterations and Additions, unto which Articles they profest they were ready to agree, not as they were accompanied with those Alterations and Additions, but in such manner as they expressed. As for the Clause left out in the third Article, it imply∣ed 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 joyn 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 easie passage from one to the other; but Your Majesty's Forces are severed the one from the other by many large Counties, strong Passes, and competent Armies: and if they had admitted this Clause, they had bereaved themselves of one of the greatest Advantages, and freed Your Majesty's party of one of the greatest Inconveniences which Your Majesty or they have in this War.

For the Reasons already alledged, they cannot agree to the alterations and enlarge∣ments of the Cessation propounded, or to transfer any such power to the Committee, of treating, debating and agreeing upon those Articles in any other manner than the Houses have directed: but that a fair and speedy passage may be opened to a secure and a hap∣py Peace, they have enabled their Committees to treat and debate upon the two Propo∣sitions 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 without 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 Privileges, and that they may freely and in a Parliamentary way concur with Your Ma∣jesty 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 effu∣sion 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. Elsinge Cler. Parl. D. Com.