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.

The Papers concerning the Towns, Forts, Cinque-Ports, &c.

March 27. 1643.

TO that part of Your Majesty's first Proposition which concerns Your Majesty's Towns and Forts, we humbly give this Answer;

That the two Houses of Parliament will remove the Garrisons out 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 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 Your Majesty shall appoint to be Warden of the Cinque-ports, being such a one as they shall con∣fide 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 ta∣ken by both Houses of Parliament into their care and custody since the beginning of these Troubles, shall be reduced to such proportioon 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 nomi∣nated by Your Majesty, as the two Houses 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 forein Forces, or any other Forces raised without Your Ma∣jesty's Authority and Consent of the two Houses of Parliament; and they 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 humbly propose to Your Majesty, that you would remove the Gar∣risons 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 in the year 1636.

That all 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 nomina∣ted 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.

• Northumberland.
• Will. Pierrepont.
• John Holland.
• Will. Armyne.
• B. Whitelocke.

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 were 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 a Noble person against whom His Majesty knows no just Exceptions, and who hath such a Legal Interest there∣in, that His Majesty cannot with justice remove Him from it untill 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 Trust, 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 Garrisons, 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 who shall be removed if just cause shall be given for the same.

The Warden of the Cinque-ports, and all Governors 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 Forein 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 Garrisons of Newcastle, and all other Towns, Castles and Forts, in which Gar∣risons have been placed by His Majesty since these Troubles, shall be removed, and all the Fortifications shall be slighted, and the Towns and Forts left in such state and con∣dition as they were in the year 1636.

All other Towns, Forts and Castles, where there have been formerly Garrisons be∣fore these Troubles, shall be committed to the charge of such persons and under such cautions and limitations as His Majesty hath before exprest.

And no new Garrisons shall be renewed, nor their Fortifications repaired, otherwise than as by the Laws and Statutes of the Kingdom they may or ought to be.

Falkland.

March. 29. 1643.

COncerning the appointing of the Warden of the Cinque-ports, and Governors of Your Majesty's Towns, Castles and Forts, we humbly desire to know if Your Ma∣jesty's Reply doth intend, that both Houses of Parliament may express their Confidence of the persons to whose trust 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 forthwith certifie both Houses of Parliament, that thereupon they may express their Confidence in those persons, or humbly beseech Your Majesty to name others; none of which persons to be removed during three years next ensuing, without just cause to be ap∣proved by both Houses of Parliament; and if any be so removed, or shall dye 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 forein or other Forces, Raised with∣out 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 Fortifi∣cations repaired, without Consent of Your Majesty and both Houses of Parliament.

• Northumberland.
• J. Holland.
• Will. Armyne.
• B. Whitelocke.
• Will. Pierrepont.

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 Maje∣sty'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 accor∣ding to Law; His Majesty being resolved not to protect them against the publick Ju∣stice. And well knowing that when any of those places shall be void, the Nominati∣on 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 that proportion.

His Majesty cannot give a more full Answer to that Clause concerning the admission of Forces into any of His Forts, Castles and Towns, than 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 be∣tween Him and His People.

Falkland.

April 10. 1643.

BY Instructions yesterday received from both Houses of Parliament, we are com∣manded 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.

• Northumberland.
• J. Holland.
• W. Armyne.
• W. Pierrepont.
• B. Whitelocke.

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 un∣willing 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 than what He hath al∣ready given in the point of the Cinque-ports, Forts and Castles; but till such be given, He cannot consent to dispossess any of His Servants of what they are legally possest of, without a just Cause exprest, or to quit His own Right of sole disposing of their Com∣mands, no other cause yet appearing to Him, than that the places they command have been taken from Him.

Falkland

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 Committee, which may induce Your Majesty to give another Answer than 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 per∣sons of Quality and Trust, to be nominated by Your Majesty, as the two Houses of Par∣liament should confide in, and to be kept for Your Majesty's Service, and the Safety of the Kingdom, that no Forein Forces, or other Forces raised without Your Maje∣sty'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 For∣ces 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 de∣sires 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 an apparent 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 forein 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 Destempers, and to the settling thereof, the Forces in them were likewise to be disbanded.

• Northumberland.
• J. Holland.
• Will. Pierrepont.
• Will. Armyne.
• B. Whitelocke.

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 to His in what was now in question, or have shewed Him some Legal Reason why the Persons trusted by Him were incapable of that trust, than only have insisted upon Fears and Jealousies, of which as He knows not the Ground, so He is ignorant of the Cure. But this His Majesty knows, that if readiness to ac∣knowledge, retract and provide against for the future any thing of errour that hath hapned against Law, and having actually passed more important Bills, and parted with more of His known Rights for the satisfaction of His Subjects, than not only any one, but all His Predecessors, would have been thought a sufficient Remedy for Fears and Jealousies, the Kingdom might still have injoyed 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 Com∣mittee 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, whilest there is any left to protect and defend;) and that if those Rights which He re∣ceived 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 have enabled Him to defend and keep them, and have kept this from being a Question now between them. Which since they could not do, His Majesty (if He had as much inclination, as He hath more right, to Fears and Jealousies) might have more reason to insist upon some adition of Power, as a security

to enable Him to keep His Forts when He hath them, than they to make any diffi∣culty to restore them to Him in the same condition they were before. But as His Ma∣jesty 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 perpetual Peace, than 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.

Falkland.