The proceedings in the late treaty of peace·: Together with severall letters of his Majesty to the Queen, and of Prince Rupert to the Earle of Northampton, which were intercepted and brought to the Parliament. With a declaration of the Lords and Commons upon those proceedings and letters. Ordered by the Lords and Commons, that these proceedings, letters, and declaration be forthwith printed. H. Elsing Cler. Parliament. Dom. Com.

Instructions agreed on by the Lords and Commons in Parlia∣ment, for Algernoon, Earle of Northumberland, William, Lord Viscount Say and Seale, William Pierpoint, Esquire, Sir William Armyn Baro∣net, Sir Iohn Holland, Baronet, and Bulstrode Whitlock, Esquire: Committees appointed to attend his Majestie upon the Proposi∣tions made by his Majestie to the Parliament, and like∣wise upon the other Propositions, humbly presented from them to his Majestie.

1 YOu shall present to his Majesty, the Articles agreed on for the Ces∣sation of Armes, Humbly desiring his Majesty to ratifie and con∣firme the same under the Great Seale, which being obtained, you are to send it up to the Parliament with all possible speed, and shal likewise be∣seech the King to dispatch away Messengers to the Generals Commanders and Souldiers 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 House likewises intend to give the like direction the Lord Generall of the Armies raised for their defence.

2. After his Majesty hath declared, and ratified the Cessation, you shall then proceed to the Treaty, beginning with the first Proposition on his Majesties behalf, concerning his Majesties owne 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 Majesties own Revenue, but in a very small proportion, which for a good part hath bin imployed in the maintenance of his Majesties Chil∣dren, according to the allowance established by himself, And they will sa∣tisfie what shall remain due to his Majesty of those sums received, out of his Majesties 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 bin taken for his use, upon any of the Bils assigned to o∣ther purposes by severall 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 sleight all Fortifications made since that time, which Townes and Forts it is to be agreed on both parts, shall continue in the same condition they were in be∣fore; 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 Townes 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 Warden of the Cinque Ports, be∣ing such a one as they shall confide in.

That the Town of Portsmouth shall be reduced to the number of the Gar∣rison, as was at the time when the Lords and Commons undertook the cu∣stody thereof. And such other Forts, Castles, and Towns, as were formerly kept by Garrisons, as have bin taken by them into their care and custody since the beginning of these Troubles shal be reduced to such proportion of Garrison, as they had in the yeer 1636▪ and shal 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 Maje∣sty, as the two Houses shal confide in.

That the Warden of the Cinque Ports, and all Governours and Com∣manders of Townes, Castles, and Forts shall keepe the same Townes, Castles and Forts respectively for the Service of his Majesty, and the safety of the Kingdome, And that they shall not admit into any of them any Forreigne Forces raised without his Majesties authority and consent of the two Houses of Parliament, And they shall use their uttermost endevours to suppresse all Forces whatsoever raised without such authority and consent; And they shall seise all Arms and Ammunition provided for any such Forces.

That the Ships shal be delivered into the Charge of such a Noble person,

as his Majesty shal 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 quam diu bene se gesserit & shal have power to nominate and appoint all subordinate Commanders and Officers, & have all other powers appertaining to the Office of High Admirall, which Ships hee shall employ for the defence of the Kingdom against all Forreign Forces whatsoeves and for the safeguard of Merchants, securing of Trade, and the guarding of Ireland, and the intercepting of all Supplyes to be carried to the Rebels; And shall use his uttermost endevour to suppresse all Forces which shall be raised by any person without his Majesties authority and consent of the Lords and Commons in Parliament: And shall seise all Arms and Ammu∣nition provided for supply of any such Forces.

That all the Arms and Ammunition, taken out of his Mejesties Maga∣zins, 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 publike Magazins shall be committed, being nominated by his Majesty shall be such as the Lords and Commons shall confide in; And you shall propound to his Majesty, that he will restore all such Arms and Ammunition as have bin taken for his use from the severall Counties, Cities, and Towns.

To the Proposition made by the two Houses concerning the disbanding of the Armies you shal humbly desire his Majesties speedy and positive An∣swer, unto which if he shall be pleased to give his Assent, you shall then be∣seech his 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 Yorkeshire, and the other Northern Counties, as also in Lancashire, Cheshire, and in the Dominion of Wales, and in Cornwall and Devon; And they being fully disbanded, another day may be agreed on for the disbanding of all Forces in Lincolnshire, Nottinghamshire, Lecestershire, 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 ap∣pointed for the disbanding those two Armies at Oxford and Windsor, and all the Forces, Members of either of them.

That some Officers of both Armies may speedily meet to agree of the manner of the disbanding, and that fit Persons may be appointed by his Majesty and the Parliament, who may repaire to the severall Armies, and see the disbanding put in speedy execution accordingly.

That his Majesty doe likewise remove the Garrisons out of Newcastle,

and all other Townes, Castles and Forts, where any Garrisons have bin placed by him since these Troubles; And that the Fortifications bee like∣wise sleighted, and the Townes and Forts left in such state and condition as they were in the yeare 1636.

That all other Townes, Forts, and Castles, where there have beene formerly Garrisons before these Troubles, be committed to the charge of such Persons to be nominated by his Majesty, as the Parliament shall con∣fide in, and under such Instructions as are formerly mentioned.

That if his Majestie shall be pleased to assent to these Propositions con∣cerning the Townes, Forts, Castles, Magazines and Ships, that then his Majestie be humbly intreated to name Persons of Qualitie to receive the charge of the severall Offices and Forts, Castles and Townes, to be forth∣with certified to the two Houses of Parliament, that thereupon they may expresse their confidence in those persons, or humbly beseech his Majesty to name others; None of which Persons shall bee removed during three yeares next ensuing without just cause to be approved by Parliament, and if any be so removed, or shall dye within the said space, the Person to be put into the same Office, shall be such as both Houses shall confide in.

That all Generalls and Commanders in any of the Armies on either side, as likewise the Lord Admirall of England; the Lord Warden of the Cinque-ports; All Commanders of any Ships, and Commanders of any Towne, Castle or Fort, shall take an Oath to observe these Articles a∣forementioned; And to use their uttermost power to preserve the true re∣formed Protestant Religion, and the Peace of the Kingdome against all Forraigne Force, and all other Forces raised without his Majesties autho∣ritie and consent of the two Houses of Parliament.

You shall move his Majesty, that for the better dispatch of the Treaty, and the free intercourse of Instructions and advertisements betwixt the two Houses of Parliament and the Committee, that there may bee a free passe of Messengers to and from the Parliament, and the Committees Without search or interruption, and his Majesties safe Conduct, to bee ob∣tained to that effect to such Persons as are, or shall be appointed for that service, viz. For

Mr. Iohn Rushworth, Mr. Michael W••lden, Mr. Iohn Corbet of Graies Inne, and Mr. Iames Standish.

H. Elsynge Cler. Parl. D. Com.

23 Martii, 1642. The Kings Message concerning the Cessation.

CHARLES R.

HIs Majesty hath immediately upon their arrivall admitted the Committee sent to Him from both Houses of Parliament (as the Messengers of Peace) to his Royall Presence, and received the Articles of Cessation brought by them, which are in effect the same his Majesty formerly excepted to, though their expression in the Preface to these Articles of their readinesse to agree to those Alterations, and Addi∣tions offered by his Majesty in such manner as is expressed, made Him expect to have found at least some of the reall Alterations, and Additi∣ons made by him admitted, which He doth not discover.

1. His Majesty desired the Provision might be made, and Licence given to his good Subjects, for their freedome of Trade, Traffique and Commerce, (though in matters which concerned Himselfe more immediately, as in Armes, Ammunition, Money, Bullion, and Victuall, for the use of his Army, and the Passage of all Officers and Souldiers of his army, Hee was contented the restraint should be in such manner as was proposed) of which his Majestie is so tender, that as he hath provided for the same by His gracious Proclamations, so He doth daily release and discharge such Merchandize and Commodities, as are contrary to those Proclamati∣ons stayed by any of his Majesties Forces.

To this freedome and liberty of his good subjects, there is not the least admission given by these Articles, so that they have not any Ease or bene∣fit by this Cessation, which his Majestie desires both Houses to consider of, and whether, if his Majestie should take the same course to stop and interrupt the Trade of the Kingdome, as the other Army doth, a generall losse and Calamity would not seize upon his good Subjects.

2. His Majesty to the end that a full Cessation might be as well at Sea as at Land, and He might be secured, that the Ships proposed to be set forth for the Defence of his Majesties Dominions, should be employed onely to that end and purpose, desired, that they might be put under the Command of Persons to be approved of by his Majesty, which is not consented to by these Articles, but their former, to which his Majesty excepted, strictly and entirely insisted on, by which (besides that part of Hostilitie re∣maines)

the conveying of any number of Forces from any part to any other, by that meanes, remaine free to them.

3. For the Prevention of any Inconveniences which might arise upon re∣all Differences, or Mistakes upon the Latitude of expressions (as if his Majesty should now consent to these Articles proposed, in the Termes proposed, He must confesse the Army, of which he complaines, to bee ray∣sed by the Parliament, and either himselfe to be no part of the Parliament, or Himselfe to have raised that Army) and for prevention of that delay which He foresaw could not otherwise be avoyded, if upon every Diffe∣rence the Questions must be remitted to London, His Majesty desired that the Committee (for whom He then sent a safe Conduct) might have li∣berty to debate any such Differences and Expressions, and reconcile the same, that all possible Expedition might be used to the mayne Treaty.

In this point of so high Concernment, no power is given in these Ar∣ticles, and the Committee confessed to his Majesty they have no power given, but are strictly and precisely bound to the very words of the Arti∣cles now sent, and that before these are consented to by us, they cannot enter into any Treaty concerning the other Propositions.

4. His Majesty desired, that during the Cessation none of his good subjects might be imprisoned, otherwise then according to the knowne Lawes of the Land.

This is in no degree consented to, but the priviledge and liberty, (to which they were borne) reserved from them till the disbanding of both armies (though they are no part of either Army) and so have no benefit by this Cessation.

5. His Majesty desired, that during this Cessation there should be no Plundering or violence offered to any of his Subjects.

In the Answer to which, His desire against violence, is not at all taken notice of, nor is his desire against Plundering any wayes satisfied; his Ma∣jesty, not only intending by it the robbing of the Subject by the unruli∣nesse of the uncommanded Souldier (which their clause of requiring the Generalls and officers to keep them from it seemes to imply; And the assertion, that the two Houses of Parliament had ever disliked, and for∣bidden it, declares plainly, to be their only meaning) but particularly the violence and Plundring us'd to his Subjects by forcibly taking away their goods for not submitting to Impositions and Taxes required from them by Orders or Ordinances of one or both houses of Parliament, which are contrary to the knowne Lawes of the Land.

Besides that there is no consent given to those alterations and additions offered by his Majesty, (whatsoever is pretended) so where an absolute consent may be supposed, because the very words of his Majesties Article are wholly preserved, yet by Reason of the Relation to somewhat going before, that is varyed by them, the sence of those words is wholly varyed too, as in the fourth Article, that part of the Third article to which that did referre, being wholly left out. So that upon the matter all the Propo∣sitions made by his Majesty (which did not in Tearmes agree with those presented to him) are utterly rejected.

For these Reasons, and that this Entrance towards a blessed Peace and Accommodation (which hath already filled the hearts of the Kingdome with Joye and Hop:) may be improved to the wished end, his Majesty desires, that the Committee now sent, may speedily have liberty to treate, debate, and agree upon the Articles of Cessation, in which they and all the world shall find, that his Majestie is lesse sollicitous for his owne Dignity and Greatness, then for his subjects Ease and Liberty. And Hee doubts not upon such a Debate all differences concerning the Cessation will be easily and speedily agreed upon, and the benefit of a Cessation bee conti∣nued and confirmed to his People by a speedy disbanding of both Ar∣mies, and a sudden and firme Peace, which his Majesty above all things desires.

If this so reasonalbe, equall, and just Desire of his Majesty shall not be yeelded unto, but the same Articles still insisted upon, though his Majesty next to Peace desires a Cessation, Yet that the not agreeing upon the one, may not destroy the hopes of, nor so much as delay the other; He is wil∣ling however to Treate (even without a Cessation, if that bee not gran∣ted) upon the Propositions themselves, in that order as is agreed upon (and desires the Committee here may be enabled to that effect) In which Treaty Hee shall give all his Subjects that satisfaction, That if any Secu∣rity to enjoy all the Rights, Priviledges and Liberties due to them by the Law, or that happinesse in Church and State, which the best times have seene, with such farther acts of Grace as may agree with his Honour, Ju∣stice and Duty to his Crowne, and as may not render Him lesse able to protect His Subjects according to his Oath, will satisfie them; Hee is confident in the mercy of God, that no more pretious blood of this Nati∣on will be thus miserably spent.

My Lord and Gentlemen,

VVHereas by your former Instructions, you are tyed up to a circumstance of time, and are not to proceed unto the Treaty upon the Propositions, untill the cessation of Arms be first agreed upon; You are now authorized and required, as you may perceive by the Votes of both Houses, which you shall herewith receive, to Treat and debate with His Majesty upon the two first Propositions, according to those Instructions, for four dayes after the day of the receipt hereof, notwithstanding that the Cessation be not yet agreed upon.

Your Lordships most humble servant, Manchester, Speaker of the House of Peers pro tempore.

March 24. 1642.

Received March 25.

Die Veneris, 24. Martij, 1642.

Resolved upon the Question by the Lord and Cōmons in Parliament;

THat the Committee at Oxon, shall have power to Treat and Debate with His Majesty upon the two first Propositions, according to their Instructions, for four dayes after the day of the receipt of this Message; notwithstanding that the Cessation is not yet agree upon.

Resolved, &c.

THat the Committee formerly appointed to prepare the Articles of Cessation and Instructions for the Committee at Oxon, shall consider of an Answer to be made to His Majesties Message this day received; And likewise prepare Reasons to be sent to the Com∣mittee, for them to presse in the Treaty and Debate upon the former Articles of Cessation; And to shew His Majesty the grounds why the Houses cannot depart from those former Articles.

John Brown Cler. Parliamentorum.

The Votes of both Houses, and the Copy of the answer to His Majesty. Received Martii 25. 1642.

May it please Your Majesty;

VVEe Your Loyall Subjects the Lords and Commons in Par∣liament, having received a Message from Your Majesty; In which you are pleased to expresse Your Selfe not to be satisfied with the Articles of Cessation, Presented unto You by our Com∣mittee now attending You at Oxford, and yet a signification of Your Majesties willingnesse to Treat upon the Propositions themselves, even without a Cessation; Do with all humblenesse give our con∣sent that our Committee shall have power to Treat and debate with

your Majesty upon the two first Propositions, according to their In∣structions, for four dayes after the day of the receit of this Message, notwithstanding that the Cessation be not yet agreed upon; That (as much as in us lyes) there may be no delay in the proceedings, for the obtaining of a blessed Peace, and the healing up the miserable brea∣ches of this distracted Kingdom; And do purpose to represent very speedily unto your Majesty, those just Reasons and grounds, upon which we have sound it necessary to desire of your Majesty a Cessa∣tion, so qualified as that is, whereby we hope you will receive such satisfaction, as that you will be pleased to assent unto it, and being obtained, we assure our selves it will be most effectuall to the safety of the Kingdom; and that Peace, which with so much zeal and loyall affection to your Royall person, and in a deep sence of the bleeding condition of this poor Kingdom, we humbly beg of your Majesties justice and goodnesse.

John Brown Cler. Parl.

A Letter from the E: of Manchester, to the E. of Northumberland, Received March 29.

MY Lord, I am commanded by the Peers in Parliament, to send unto your Lordship, the Reasons which both Houses think fit to offer unto His Majesty, in pursuit of their adhering to their for∣mer Resolution: concerning the Articles of the Cessation of Arms. MY Lord you shall likewise receive additionall Instructions from both Houses, and a Vote, which I send you here inclosed.

My Lord, this is all I have in command, as

Your Lordships most humble servant, Manchester, Speaker of the House of Peers, pro tempore.

Mar. 27.

Die Lun•…•…, 27. Martii, 1643.

Resolved upon the Question by the Lords in Parliament;

THat the E. of Northumberland their Committee at Oxford, is ther∣by authorized to acquaint His Majesty with all their Instructi∣ons upon the two first Propositions.

Joh: Brown, Cler. Parl.

Additionall Instructions, March 29. Additionall Instructions, agreed upon by the Lords and Commons in Parliament, for Algernon Earl of Northumberland, William Vis∣count:

Say and Seale, William Pierpoint Esq Sir William Armine Baronet, Sir John Holland Baronet, and Bulstrode Whitlock Esq Committees attending His Majestie upon the Cessation and Treaty.

YOu shall alter the words mentioned in his Majesties third Article in this maner, leaving out the words (The Army raised by the Parliament) and putting in these words (The Army raised by both Hou••es of Parliament.)

You shall humbly present to his Majesty the Reasons herewithall sent from both Houses, for their not assenting to those alterations and additions to the Articles of Cessation offered by his Majesty.

You shall presse the force of those Reasons, or any other, as there shall be occasion, in the best manner you may, to procure his Maje∣sties a••s•…•… to those Articles of Cessation, w^ch if you shall obtain with∣in two dayes after the day of the receit hereon, you shall in the name of both houses of Parliament agree and conclude upon the Cessation, to continue to the end of twenty dayes, to be reckoned from the twenty fifth of March, and upon a day certain assoon as may be, when the same shall first begin, and be of force; within which time notice. is to be given aswell by his Majesty, as by the Lords and Commons, to the severall Generalls, Commanders, and Souldiers respectively, to observe the same Cessation, as it is qualified and limited in those Arti∣cles; And after such conclusion made, you shall take care that those Articles be passed under the Great Seal in a fitting and effectual ma∣ner, 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 In∣structions; 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 dayes, 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: Brown, Cler. Parliamentorum.

Martii 27. 1643. Reasons for the Committee.

To the KINGS most Excellent MAJESTY.

The Lords and Commons in Parliament Assembled, Do with all hum∣ble thankefulnesse acknowledge Your Majesties favour in the speedy admission of their Committee to Your Royall Presence, and the ex∣pedition of Your Exceptions to their Articles, that so they might more speedily endeavour to give Your Majestie 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 Maiesty, without great pre∣judice to the Cause, and danger to the Kingdom; whose cause it is: The reasons whereof, will cleerly appear in the answer to the parti∣culars prest by Your Majestie.

1. THey do deny that they have restrained any Trade, but to some few of those places where Your Majesties 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, Ammu∣nition, 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 keepe Arms, Ammunition, money, and Bullion from passing into Your Majesties 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 dayes for so few places, the mischiefs and inconveniences to the whole King∣dome 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 than is exprest by Your Majesties Answer; for whereas they are charged not to give the least admis∣sion 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 be∣neficiall to the Subjects, but exceeding advantagious to Your Ma∣jesty, 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 Majesties Army; And as Your Majesties Army may receive much advantage, and the other Army much danger, if such freedom should be granted to those places; so there is no probabi∣lity that the Army raised by the Lords and Commons shall have any return of commodities and other supplies from thence, which may be usefull for them: And they conceive that in a Treaty for a Ces∣sation, 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 rea∣son of War requires; So they beseech Your Majesty to consider, whether Your souldiers have not robbed the Carriers in severall parts where there hath been no such reason, And Your ships taken many ships, to the great dammage 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 forreign parts, which hath been in some measure executed upon the East-land merchants in Denmarke, 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 intercourse between this and other States, and like to bring us into quarrells and dissentions with all the neighbour Na∣tions.

2. To demand the approving of the Commanders of the Ships, is to desire the strength of one party to the other, before the diffe∣rence be ended, and against all Rules of Treaty; To make a cessa∣tion at Sea, would leave the Kingdom naked to those forreign for∣ces, which they have great cause to believe have been sollicited a∣gainst them, and the Ports open for such supplies of Arms and Am∣munition as shall be brought from beyond the seas: But for convey∣ing 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 Hou∣ses of Parliament) as not desiring to differ upon words, but to give any conlusive power in this case to the Committee, upon such diffe∣rences as may arise, wherein the Houses have given no expresse di∣rection,

is neither safe for the Committee to undertake, nor fit for the two Houses to grant; yet to debate and to presse the reason of their desires, whereby an agreement from Your Majesty may bee procured, is granted to them; and although the two Houses did think it 〈◊〉〈◊〉 proper the Cessation should be first agreed on, and that it was unfit to treat in bloud; yet to satisfie the world of their ear∣nest longing after peace, they have given power to the Committees to enter into the treaty upon the two first Propositions, notwith∣standing the Cessation be not yet assented to; And those being a∣greed, they hope the foundation will be layd, not only of a suspen∣tion, but a totall abolishion of all hostility in the Kingdom.

4. If the nature of War be duly considered, it must needs be ac∣knowledged, That it is incompetible with the ordinary rules of a peaceable government; Your Majesty would have them commit none but according to the known Laws of the Land, whereby they conceive Your Majesty understands, that it must be by the ordinary Processe of Law, which being granted, it will follow, That no man 〈◊〉〈◊〉 be committed by them for supplying Your Majesty with Arms, Powder and Ammunition; for by the Law of the Land, the Subject may 〈◊〉〈◊〉 such goods from London or any other place to Oxford; the Souldiers most not be committed if they run from their Colours, and refuse any duty in the Army, No man shall be committed for not submitting to necessary supplies of money; so that if this bee yeelded in Your Majesties sense, they shall be disabled to restrain supplies from 〈◊〉〈◊〉 enemies, and to govern or maintain their owne Souldiers; it cannot be thought reasonable, that under the disguise of a Cessation, they should admit that which will ne∣cessarily produce the dissolving of the Army, and destruction of the Cause.

It seems not probable. That Your Majesty doth intend that if any be taken with supplies for this Army, or •…•…tining in Your own, that such persons shall not be committed, but according to the knowne Laws of the Land, that is, by Processe of Law; Put rather that your Majesty will so interpret this limitation of knowne Lawes, that al∣though it layes straight ••o•…•… upon the two Houses, yet it leaves Your Generalls as much liberty as before; for it hath been denied by your Majesty, that these knowne Lawes give any power to the two Houses of Parliament to raise Arms, and so consequently their Generall cannot exercise any marshall law in those cases, and it is not unlike but that it will be a•…•…ed. That the Generalls consti∣tuted

by your Majesties Commission, have that power by the same known Laws; So that this Article under the specious shew of li∣berty and Law, would altogether disable them to defend their li∣berties and Lawes, and would produce to your Majesty an abso∣lute victory, and submission under pretence of a Cessation and treaty.

5. Being by necessity inevitable on their part enforced to a de∣fensive Warre in this unhappy breach betweene your Majesty and them, and that they are therein warranted both by the Lawes of God, and man, it must needs follow, that by the same Law they are enabled to raise means to support that Warre; And therefore till it shall please God to encline your Majesty to afford them such a peace as may secure them, they cannot relinquish the power of laying taxes upon those who ought to joyn with them in that de∣fence, and the necessary wayes of leavying those taxes upon them, in case of refusall, for otherwise their Army must needs be dissol∣ved. But if your Majesty shall consent to disband the Armies, the cause of the Warre being taken away, the consequences will likewise be removed, and the Subject restored to the benefit of those Lawes which the necessity of Arms hath in such cases sus∣pended.

6. They deny any pretence of consenting to those alterations and additions offered by your Majesty, only in the Preamble they say they have considered of those Articles, with such alterations and additions, unto which Articles they profest they were ready to agree, not as they were accompanied with those alterations and ad∣ditions, but in such manner as they expressed; As for the clause left out in the third Article, it implied a freedome of passage and communication of quarters, which is contrary to the nature of a Cessations whereby matters should bee preserved in the state they are, and neither party have liberty so much to ad∣vantage himselfe, as it is evident your Majesty might doe, if Your Forces in the North and West might joyne with those at OXFORD, and bring those supplies of treasure or Armes thither which were brought out of HOLLAND, or at least it should be so indifferent as to give a proportionable ad∣vantage to the other side, which this doth not; for the Forces under the power of both Houses are so disposed, that they have an easie passage from one to the other; but your Majesties Forces are severed the one from the other by many large Counties,

strong passes, and competent Armies, and if they had admitted this clause, they had bereaved themselves of one of the greatest ad∣vantages, and freed Your Majesties party of one of the greatest inconveniencies, which your Majesty, or they have in this War.

For the Reasons already alleadged, They cannot agree to the al∣terations and enlargements of the Cessation propounded, or to transferre any such power to the Committee of Treating, debating and agreeing upon those Articles in any other manner than the Houses have directed, but that a fair and speedy passage may bee opened to a secure and a happy Peace; They have enabled their Committees to treat and debate upon the two Propositions concer∣ning His Majesties own Revenue, the delivery of His Townes, Castles, Magazines, and Ships, and the disbanding of the Armies, which being agreed upon, a present peace and security will fol∣low, and the Treaty upon the other Propositions bee facilitated without feare of interruption, by the confusion of Warre, or exasperation of either party, by the bloody effects there∣of.

In which Treaty, the two Houses will desire and expect no∣thing but what doth stand with. Your Majesties Honour, and the trust reposed in You, and is necessary for Your Majesties good Subjects, that they may enjoy the true Religion, and their Liberties, and Priviledges, and that they may freely and in a Parliamentary way concurre with Your Majesty in those things which may conduce to the glory of God, the safety and hap∣pinesse of Your Majesty, and Your Posterity and people, and preventing the like miserable effusion of English bloud for the time to come; for the effecting whereof, Their most earnest Prayers, and uttermost endeavours shall ever be faithfullly and constantly employed, in hope that God will give a blessing there∣unto.

Hen. Elsynge Cler. Parl. D. Com.

Additionall Instructions concerning the Cessation, March 29.

IN case we shall obtain Your Majesties assent to the Articles of Cessation, as they were last presented to Your Majesty, within two dayes after the day of the receipt of the reason this day presented to Your Majesty from both Houses, for their not assenting to those al∣terations and additions to the Articles of cessation offered by Your Majesty.

We are authorized by our Instructions this day received, in the name of both Houses of Parliament, to agree and conclude upon the Cessation, to continue to the end of twenty days, to be reckoned from the 25 of this instant march, and upon a day certain assoone as may be, when the same shall first begin and be of force; within which time, notice is to be given as well by his Majesty, as by the Lords and Commons, to the severall Generalls, Commanders, and Souldiers respectively, to observe the same cessation as it is qualified and limited in those Articles last presented to Your Majesty.

• ...Northumberland.
• ...John Holland.
• ...B. Whitlocke.
• ...Will: Pierrepoint.
• ...Will. Armyne.

The Kings question concernning removall of quarters, March 31, 1643.

VVHether by denying the Communication of quarters, you intend to restrain the quarters of either Army from each other; As that the forces at Abbington may not remove to Banbury, or the forces at Henly may not remove to Alisbury, or to any other places within the quarter of each army respectively.

Falkland.

The Committees answer concerning removall of quarters, Mar. 31. 1643.

IN answer to Your Majesties question upon the third Article of the Cessation;

We humbly conceive, That it is not intended to restraine the quarters of their Army respectively from each other, So as they come not neerer the quarters of the other Army: But that the for∣ces at Abbington may remove to Banbury, or the forces at Henly may remove to Alisbury or to any other place within the quarters of each Army respectively: So as the Forces of either Army respe∣ctively, come not neerer the quarters of the other armie, then they shall be upon the day agreed on for the cessation to begin.

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

The Kings Questions concerning the Cessation, March 31. 1643.

HIs Majesty desires to be resolved by the Committee of Lords and Commons; Whether the Forces of Oxford may not as well go to Reading, as the Forces of Henly may to Alisbury?

Whether His Majesties Forces belonging to the Army at Oxford, may not go to Shrewsbury or any other place backwards from Lon∣don, so that in their march they approach no neerer to any quarters of any of the contrary Armies, then some of His Majesties Forces shall quarter upon the day agreed upon for the Cessation to begin.

Falkland.

The Committees answer concerning the Cessation, March 31. 1643.

VVE humbly conceive, That by our Instructions we are not enabled to give any resolution upon Your Majesties que∣stions concerning the remove all of quarters, other than we have already given.

Northumberland.

• ...John Holland.
• ...B. Whitlocke.
• ...Will. Pierrepoint.
• ...Will. Armyne.

A Letter from the Earle of Manchester, April 4.

MY LORD,

I Am commanded by the Lords in Parliament, to send unto your Lordship these enclosed Votes, for the giving your Lordship and the Committee longer time to treat of the first Propositions; This is all I have incommand, as.

April 2.

Your Lordships most humble servant, MANCHESTER, Speaker of the House pro tempore.

Votes of both Houses for four dayes longer to Treat. April. 4.

Die Luna, Aprilis 3. 1643.

Resolved upon the Question by the Lords and Commons in Parliament Assembled.

THat further time shall be given to the Committee at Oxon, to Treat upon the two first Propositions, viz. The first Proposition of His Majesties, And the first Proposition of both Houses.

Resolved &c.

THat the time prescribed for the Treaty upon the two first Propo∣sitions, shall be untill Friday next.

Resolved. &c.

That Friday in this last question shall be taken inclusive.

Jo: Brown Clex. Parliamentorum.

His Majesties Message concerning the Cessation.

Charles R.

HOw His Majesty hath spent His time since the Committee from His two Houses of Parliament came hither, how willing Hee hath been (during the four dayes allowed to them) to expedite the Treaty it selfe, by the free and diligent disquisition of the particu∣lars comprized in those two first Articles, and how intent He hath been upon the Cessation (which He thinks so necessary, and so much desires) since the last Message concerning the same came to Him, the Committee themselves cannot but observe: And though no conclusion could be made within the two dayes (a time limited with much strictnesse in a businesse of so great moment, where all words and expressions must be carefully and exactly weighed) His Majesty cannot doubt but both Houses will be willing to give and receive satisfaction in any particulars which are necessarily to bee considered in concluding the same, though the two dayes are ex∣pired. And if His Majesty enlarges Himselfe in His Replies more than may seem necessary to the Propositions and differences in de∣bate, It must be remembred by what unnecessary and unwarrantable Expressions in this last Message from His two Houses; He is not only invited, but compelled thereunto, which He could heartily have wished might upon this occasion have been forborne.

1. For the freedom of trade, His Majesty hath great reason to require, and the two Houses to admit that freedom to His good Subjects He desired; For what concerns the supply of the Army with Arms, Ammunition, money, Bullion, and Victuals, He consen∣ted to the very tearms proposed by the two Houses; and that they may be observed, is contented that searches may be made, which being but the trouble of particular persons, is not considerable, in respect of the publique benefit and advantage. But why all other liberty of traffique and Commerce should not be granted to His good Subjects, He cannot understand; for that His Majesties ar∣mie should receive much advantage thereby, and the contrary army none, is in no degree confessed: For (besides, the restraint is to places where no part of His Majesties army is, and indeed the whole trade of the Kingdom interrupted) tis as great a support (if not a greater) to the contrary army, to maintain and keepe up the trade of London, from whence that receives its supply and reliefe, as to his Majesties army to continue the trade of Oxford, or any other

place where Forces recide, and to stop and seize the cloth, Ker∣•…•…ies, and other Western commodities (which his Majesty can daily do from Reading) would be as great disturbance to the Trade of Lon∣don, as the seizing of any commodities (which may be done by the E. of Essex from Windsor or Wickham) can be to the Trade of Oxford; And therefore his Majesty hath great reason to presse, that mutuall and universall Freedom to all his good subjects may be granted; Otherwise, he must either permit that Licence to his army, to seize the goods of his people in their passage to London, and to interrupt and break the Trade and correspendence of the Kingdom (which bott our of publique consideration, and private compassion, his Ma∣jesty is most averse from) or else must grant that evident benefit and advantage to those who deny the same to him, and to his people for his sake. And it cannot be denyed, but this Freedom is so very be∣neficiall to his subject, and so wholly considerable to his Majestie under that Notion, that their very subsistance depends upon it, and by this means Trade may be continued, which, if a little more sup∣pressed by these distractions, will not be easily recovered, even by a setled Peace. His Majesty believes that some Carriers have bin rob∣bed by his Majesties souldiers, 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 joyn with him (at least during the Cessati∣on) 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 forreign 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 decla∣red his Resolution, which he shall pursue, that such persons who absolve themselves from their obedience to him, and assist or con∣sent to Actions of disloyalty to him here, shall be deprived of those advantages, and must not expect that Protection from him abroad, which is due, and which he alwaies 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 mu∣tuall amity and correspondence with other Princes, for the main∣tenance and support of that dignity for which it is made and entred into.

2. His Majesty did not demand the approving of the Comman∣ders of ships onely, 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 neccessary for his Majesty, for the setting out the present Fleet, is pretended to be for the defence of his Majesties Dominions, and which cannot conveniently suffer any alteration in Commanders, if the Cessation and Peace should be fully & speedily agreed upon. And therefore tis most necessary for his Majesty, to know both the De∣signes, 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 Maje∣stie and his Subjects, should leave the Kingdom naked to forreign Forces (a continuance of War may well do it:) And his Majesty is willing to concur in the resistance of all such, of what kinde 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, which both Houses seem now to consent to, which was not at all expressed in their former Articles.

3. His Majesties opinion, how unfit it was to Treat in Bloud, sufficiently appears, this debate concerning a Cessation arising first from his Majesties motion (it being left out in the Answer to his Message 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 lesse time have been agreed here, if there had been that liberty, so there can hardly be a right and cleer 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 du∣ring the Cessation be sent by Sea for the relief of any place now held by them, the expression is not so cleer, but referreth to Arti∣cles, 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 be con∣sented 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 Commit∣tee 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 Committee here, when tis no∣toriously known, that the very Liberty and property of the Subject is committed not only to other Committees of the Houses, without re∣porting to the Houses, but to persons who are imployed by them, uninteressed in, and unacquainted with the directions of either, or both Houses.

4. It was no part of his Majesties intention, that his Article a∣gainst 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 in∣stance of the necessity of inabling some persons to conclude upon these Articles, without which (through inanimadvertence or doubt∣fulnesse in the expressions(they who are neerest of a minde, will hardly ever come to conclude, if every Punctilio must be forced to be sent forwards and backwards a hundred miles; And (if this au∣thority had been given to the Committee here, as for such causes was desired) 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 concern'd in the discipline of the army, are not concernd in this Objections; 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 meerly pretended by those who deny it to them.

5. Though it grieves 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 im∣prisoned 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 con∣fession, that the implicite Faith of his seduced subjects begins to weare out so fast, that the authority of Declaring new, unknown Fundamentall Laws, doth not now so work with them, to believe that these Taxes are laid according to the Laws of God and man, nor the many pretences of imminent dangers, and inevitable ruine of their Religion, Laws and Liberties, so perswade them to believe

this Cause, to be the Cause of the Kingdom; But that if their Cause, Authority and Eloquence were not assisted by Force and Rapine, their army must needs be dissolved for want of being thought fit, much lesse necessary to be paid by those who have equall right to judge of the necessity and danger, and for whose sakes, interests and concernments onely it was pretended to be raised, and who are de∣fended by it against their wills; Nor is it strange that his Majesty cannot receive these charges upon him, as a reason to make him con∣tented and Acquiesce with these injuries to his subjects; Or that they who saw his Majesties condition the last yeer (till continued violence against him, opened the eyes and hearts of his subjects to his assi∣stance) should not believe that the began that War, which they saw him so unlikely to resist; Or that they, who could never finde, 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 pre∣sent Parliament, ever one man was raised before by Commission from both Houses, should not believe the raising of that ther 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 Ma∣jesty (in whom the power of making WAR and PEACE was never denied to be, till these new Doctrines, which make it unlaw∣full for Him to do any thing, and lawfull to do any thing against Him, were of late 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 extremely troubled to pay an army they do not desire, for a Necessity they cannot see, by a Law they never heard of; And that other men without their consent must be jealous, fearfull, and quick-sighted at their charges, and they have great reason to be apt to su∣spect that those made most haste to make a War, and have least de∣sire of making Peace, who in time of War pretend their legall 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 illegall Taxes of one or both Houses, which in it self is equall; His Majesty being willing to be oblig'd 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 minde, and believe the cause of the contrary army to be really their own) the advantage will be wholly theirs, and this judgement will

be best given, when the people is left to their libertie in this de∣cision.

His Majesties reall 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 consi∣der and to judge, whether any man by their saying they were ready to agree to his Majesties Articles, in the manner as was exprest, would not have expected to have found after that expression, that they had agreed at least to some one thing materiall in them, and had not only meant by agreeing as was exprest, to expresse 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 lea∣ving, out of that, having dis-composed the whole, many things ha∣ving in the rest been assented to, which were therfore only yeelded, because the inconveniences growing by these clauses, if they were alone, were salved by that addition; and some things in the other very dark and doubtfull, were by that interpreted and cleered. And his Majesty is sufficiently informed how highly it concerns him, that every thing be so cleer, that after no differences may arise upon any disputable point, since they whose union, industry, subtilty and ma∣lice could perswade any of his people, that in the busines of Braince∣ford 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 Majesties charge, if the ground of that breach would beare the least dispute.

His Majesty doth agree, That to preserve things in the the same state on both sides, with as little advantage or disadvantage to ei∣ther, as the matter will possibly bear, is truly the nature of a Cessa∣tion, and is willing this principle should be made the rule, and ne∣ver intended any thing that should contradict it; But cannot see the inequality in this which is pretended; For could Sir Ralph Hopton and the Earl of Newcastle come by this means to the King, and not the Earl of Stamford, and Lord Fairsax to the Earl of Essex? Nor can his Majesty finde any strong passes or forces to hinder his armies from joyning with him, then hinders theirs from joyning with them. If the forces be unequall, theirs will hardly hinder the passage of his without a cessation; if they be equall, their coming in time of cessation, will be of equall use and advantage to their side, somewhat

in point of supplies to come with them excepted; & some advantage to one side will be, poize it how you will. But on the other side, it this clause be not in, how much greater is the disadvantage the the other way by some clauses? And how are his Forces (princi∣pally the Earle of Newcastles) cooped up in old and eaten up quar∣ters of necessitated to retire to such as are more barren and more eaten; so that if this were yeilded to, under the disguise of a Ces∣sation, He must admit that which will much endanger the dissolving of the Army, and destruction of the Cause, which is such a disadvan∣tage, as is against the nature of a Cessation formerly agreed and estated.

Notwithstanding all this, His Majesty to shew his extraordi∣nary and aboundant desire of Peace, and to prevent the effusion of bloud, is contented, if both Houses shall refuse to consent to his Propositions, which are so much for the benefit and advancement of the publique trade, and advantage of his good Subjects, to ad∣mit a cessation upon the matter of their own Articles (excepting that liberty be given to the Committee to word it, according to the reall meaning and intention. And that the remove of quarters within their own bounds, which is intended, may be so exprest and under∣stood, that no mistakes may arise,) So that his Majesty may not bee understood to consent to any imposing upon, leavying, distraining, or imprisoning his good Subjects to force them to contribute, or assist against him (which he shall alwayes continue to inhibit, Requiring all men to resist those illegall 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 Souldiers of that Army, for not submitting to such illegall impositions as aforesayd; For otherwise, they may during this Cessation (besides what is already impos'd) impose new Taxes, not onely 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 emploied as Collectors aswell of the old impositions, (which in most places without their ar∣my they cannot leavy) as of any such new one, and vast sums would and might by this means be raised to the destruction of his Subjects, extraordinary advantage to them, and great disadvantage to his MAJESTIE; Who can neither obtaine His owne Consent to take the like courses, Nor in case Hee could, is Hee so

quartered, as to have within the power of his army, without breach of the cessation by drawing neerer to their forces, any such Citie, or so many, so rich, and so fresh Counties, as they have to retire into to that purpose. So that as nothing is more just in it selfe, and for his people, than such a limitation; so nothing can be more unequall to His Majesty, or more advantagious to them, than the admission of, or connivence to any such practises upon His people. This ce∣ssation to begin on the 9. of April, and to continue to the end of 20. dayes, from the 25. of March. And His Majesty desires that the Treaty may proceed upon the Propositions in order, upon which His Majesty hath an earnest desire, that a firm and stable peace may be agreed on, and both Armies speedily disbanded; otherwise, if during this cessation, (in the Articles of which His Majesty in order to peace, hath yeilded to things manifestly unreasonable and pre∣judiciall to His Army) the Treaty be not dispatched, His Majestie cannot without manifest ruine to His Army (principally that of the North) be able to contain Himself beyond this time now limited for the cessation, in the quarters in which He hath so long bin, and now is, and which will hardly be able to hold out so long, but must bee forced to remove, as He shall finde agreeable for His occasions.

And in case any delay be made in consenting to these His Maje∣sties limitations, or that the Houses shall reject this His offer of ce∣ssation, His Majesty as He hath lately desired (by a Proposition to both Houses, delivered to their Committee, to which He hath yet recei∣ved no Answer) so He doth earnestly continue to desire, That the Treaty it self may not be delayed or interrupted by it, but that their Committee may be enabled to proceed upon it in the mean while.

Copia vera.

Jo: Brown Cler: Parliamentorum.

Addition of four dayes longer to Treat, April 4. 1643.

VVE humbly acquaint Your Majesty, that we received this morning the resolution of both Houses of Parliament; whereby farther time is given to us to Treat upon the two first Pro∣positions, viz. The first Proposition of Your Majesty, and the first Proposition of both Houses. And that the time prescribed for the treaty upon the two first Propositions, shall be untill Friday night.

Northumberland.

• ...John Holland.
• ...B. Whitelocke.
• ...Will. Pierrepoint.
• ...Will. Armyne.

A Letter from both Houses, Received April 8. 1643.

VVE are commanded to send these inclosed Instructions to you from both Houses of Parliament; By which the re∣solutions of the Houses will appear unto you: This is all we have in command, and rest,

Westminster the 7 of April, 1643.

Your humble servants MANCHESTER. Speaker pro tempore. William Lenthall. Speaker of the Commons House.

Instructions concerning the Cessation. Received April 8. 1643.

A farther Addition of Instructions agreed upon by the Lords and Commons in Parliament, for Algernon Earl of Northumberland, William Pierrepoint, Esquire; Sir William Armyne Baronet, Sir John Holland Baronet, and Bulstrode Whitelock Esquire; Com∣mittees of both Houses of Parliament attending His Majesty at Oxon.

YOu are hereby to take notice, That the two Houses have con∣sidered his Majesties Answer to their reasons concerning the Cessation, wherein there are divers expressions which reflect much upon the honor and Justice of the Houses, and might occasion par∣ticular Replies; Yet at this time they desire to decline all contesta∣tion, their wishes and endeavours being earnestly bent upon the obtaining a speedy peace; For which cause they do not think good to consume any more of that time allowed for the treaty, in any farther debates upon the Cessation; concerning which, they find his Majesties expressions so doubtfull, that is cannot be suddenly or easily resolved; and the remainder of the time for the whole treaty being but seven dayes, if the Cessation were presently agreed, it would not yeild any considerable advantage to the kingdom. Wher∣fore you shall desire his Majesty, That he will be pleased to give a speedy and positive Answer to their first Propostion concerning the disbanding, that so the people many not have only a shadow of peace in a short time of Cessation, but the substance of it in such manner as may be a perpetuall blessing to them, by freeing the Kingdome from those miserable effects of War, the effusion of English bloud, and desolation of many parts of the Land.

For the obtaining of which happinesse, The Lords and Com∣mons

have resolved to enlarge your power, That if you shall not have fully agreed upon the two first Propositions before Friday night; you may notwithstanding any former restraint, proceed to treat upon them according to the Instructions formerly given you, although the Articles of the cessation are not agreed upon.

And those two first Propositions being concluded, the two Hou∣ses will thereupon give you further instructions to proceed to the other Propositions, that so the whole treaty may be determined within the twenty dayes formerly limited, to be reckoned from the 25. of March last, which can admit no alteration or enlargement, without manifold prejudice and danger to the whole Kingdom.

John Brown Cler. Parliamentorum.

The Paper to the King upon the Instructions for disbanding, Received, April 8. 1643.

BY Instructions this day received from both Houses of Parliament, we humbly conceive, that we are to acquaint Your Majesty; That they have taken into consideration Your Majesties Answer to their reasons concerning the cessation, wherein there are divers ex∣pressions, which will occasion particular replies, which at this time they desire to decline, their wishes and endeavours being earnestly bent upon the obtaining a speedy peace; for which cause they do not think good to consume any more of the time allowed for the treaty, in any farther debates upon the cessation, concerning which, they find your Majesties expressions so doubtful, that it cannot be sudden∣ly or easily resolved, and the remainder of the time for the whole treaty, being but 7 dayes, if the cessation were not presently agreed, it would not yeeld any considerable advantage to the kingdom.

Wherfore we are required to desire your Majesty to give a speedy and positive answer to the first proposition concerning the disband∣ing, that so your subjects may not only have a shadow of peace in a short time of cessation, but the substance of it in such manner as may be a perpetuall blessing to them, by freeing the Kingdom from those miserable effects of War, the effusion of English bloud, and desola∣tion of many parts of the land.

Northumberland.

• ...Will. Pierrepoint.
• ...Will. Armyne.
• ...B. Witlocke.
• ...Jo: Holland.

The Kings Reply touching Cessation, and desire to enable the Committee to treat upon the Propositions in the mean time, and touching His coming to the Parliament

C. R.

IF the Comittee according to his Majesties desire had had but power to agree in the wording of expressions in the Articles of cessation,

His Majesties (which are as cleer as the matter would bear, and as he could make them) had not appeared so doubtfull to any, but that the cessation might have bin suddenly & speedily resolved, and that long before this time. And if the expression of both Houses in their rea∣sons had not necessitated his Majesty in his own defence, to give such answers as could not upon those points deliver truth without some shew of sharpnes, no expression of that kind in his Majesties answer had given any pretence for the rejection of, or refusing so much as to treat upon this cessation, which (though it were at present for no long time) yet was from the day named by themselves the 25^th of March; Whereas his Majesty first mov'd for a Cessation and treaty without any limitation at all in the time of either, and his Majestie was most ready to have enlarg'd the time (so that in the meane while the point of quarters might be so setled, as that his Armies might subsist) and which might have beene (if they had pleas'd) a very good and promising earnest, and fore-runner of that great blessing of Peace; for the obtaining of which, the wishes and endeavours of all good men being earnestly bent, a farther debate in order to so great a benefit, did not deserve to be stiled a consump∣tion of time. And his Majesty cannot but conceive himselfe to be in a strange condition, if the doubtfulnesse of expressions (which must alwayes be whil'st the treaty is at such a distance, and power is de∣nied to those upon the place to helpe to cleere and explaine) or his necessary Replying to charges layd upon him (that hee might not seeme to acknowledge what was so charged) or the limi∣tation of the time of seven dayes for the treaty (which was not limited by his Majesty, who ever desired to have avoyded that and other limitations which have given great interruptions to it) should bee as well believed to bee the grounds, as they are made the ar∣guments of the Rejection of that, which (next to Peace it selfe) his Majesty above all things most desires to see agreed and setled, and which his Majesty hopes (if it may bee yet agreed on) will give his people such a taste of such a blessing, that after a short time of consideration, and comparing of their severall conditions in war and Peace, and what should move them to suffer so much by a change, they will not thinke those their friends that shall force them to it, or bee themselves ready to contribute to the renewing of their former miseries, without some greater evi∣dence of necessity than can appeare to them, when they shall have seen (as they shall see, if this treaty be suffered to proceed)

That his Majesty neither asks nor denies any thing, but what not only according to Law He may, but what in Honor and care of his people He is oblig'd to ask or deny. And this alone (which a very short Cessation would produce) His Majesty esteems a very consi∣derable advantage to the Kingdom; And therfore cannot but presse again and again, that, what ever is thought doubtfull in the expres∣sions of the Articles, may (as in an hour it may well be done) be ex∣pounded; and whatsoever is excepted at, may be debated and con∣cluded, and that power and instructions may be given to the Com∣mittee to that end, That the miserable effects of War, the effusion of English bloud, and desolation of England (untill they can bee totally taken away) may by this means be staied and interrupted.

His Majesty supposes, That when the Committee was last requi∣red 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 re∣ceived: But wonders the Houses should presse his Majesty for a speedy and positive Answer, to the first part of their first Proposi∣tion concerning disbanding, when to the second part of the very same Proposition concerning his return to both Houses of Parlia∣ment, they had not given any power or instructions to the Commit∣tee, so much as to treat with his Majesty. And when his Majesty (if his desire of peace, and of speeding the treaty in order to that, had not been prevalent with him) might with all manner of Justice have delayed to begin to treat upon one part, untill they had beene enabled to treat upon the other; In which point, and for want of which power from them, the only stop now remains: His Majesties Answers to both parts of their first Proposition, being given in, transmitted, and yet remaining unanswered.

To which, untill the Houses shall be at leisure to make Answer, that as little delay in this Treaty as is possible may be caused by it; His Majesty desires likewise, That the Committee may be enabled to treat upon the following Propositions in their severall orders.

A Letter from both Houses, April 8.

WE have sent unto you by this Gentleman Sir Peter Killegrewe some additionall Instructions, by which your Lordship and the rest of the Committee will perceive the Resolutions which the Houses have taken, upon the papers which they received this day from you; This is all we have in command, and remaine,

Westminster this 8 of April, 1643.

Your Lordships humble Servants, MANCHESTER. Speaker of the House of Peers, pro tempore. WILLIAM LENTHALL Speaker of the Commons House in Parliament.

Instructions concerning the Insisting. Received April 9. 1643.

Additionall Instructions for Algernon Earle of Northumberland, William Lord Viscount Say and Seale, William Pierrepoint, Esq Sir William Armyne, and Sir John Holland Baronets, Bulstrode Whitelocke Esquire; Committees from both Houses, attending His Majesty at Oxford.

Magazines and enlarging the time.

THe two Houses of Parliament are unsatisfied with his Majesties Answer to that Clause of the first Proposition which concernes the Magazins. Wherefore you are to desire his Majesty to make a further Answer in such manner as is exprest in the Instructions for∣merly given you; And you shall let his Majesty know, That the Lords and Commons do not think fit to enlarge the time of the Treaty, beyond the twenty dayes formerly limited.

Cinque-Ports, Towns, Forts, and Castles.

THey likewise remain unsatisfied with his Majesties Answer con∣cerning the Cinque-Ports, Towns, Forts, and Castles, being in the most materiall points an expresse denyall: Wherefore you are to insist upon their desire for another answer according to your In∣structions.

Shipps.

THey observe in his Majesties Answer concerning the Ships, not only a denyall to all the desires of both Houses; But likewise a Censure upon their proceedings. However, you are to insist upon their desires expressed in your Instructions.

Disbanding.

THey further conceive. That his Majesties Answer to their first Proposition concerning the disbanding, is in effect a deniall, un∣lesse they desert all those cautions and limitations which they have desired in their answer to his Majesties first Proposition. Where∣fore you are to proceed, Insisting upon that part of their first Pro∣position concerning the disbanding, according to your Instructions.

KINGS Return to the Parliament.

YOu shall declare to his Majesty the desire of both Houses of his Majesties coming to his Parliament, which they have often ex∣prest with as full ofters of security to his Royall Person, as was agree∣able to their duty and Allegiance; And they know no cause why his Majesty may not repair hither with honor and safety, but they did not insert it into your instructions, because they conceived the disbanding of the Armies would have facilitated his Majesties reso∣lution therein, which they likewise conceived was agreeable to his Majesties Sense, who in declaring his Consent to the order of the Treaty, did only mention that part of the first Proposition which concerned the disbanding, & did omit that which concerned his com∣ming to the Parliament.

Oath of Officers.

THey conceive the ordinary oaths of the Officers mentioned, are not sufficient to secure them against the extraordinary causes of jealousie, which have bin given them in these troublesome times; And that his Majesties Answer layes some taxe upon the Parliament, as if defective, and thereby uncapable of making such a Provisionall law for an oath. Therefore you shall still insist upon their former desires of such an oath as is mentioned in your Instructions.

If you shall not have received his Majesties positive Answer to the humble desire of both Houses in these two first Propositions, ac∣cording as they are exprest in your Instructions, before the twenty dayes limitted for the Treaty shall be expired; you shall then with convenient speed repair to the Parliament, without expecting any further direction.

Jo: Brown Cler. Parliamentorum.

CHARLES REX,

TO shew to the whole World how earnestly His Majesty longs for peace, and that no successe shall make him desire the continuance of his Army to any other end, or for any longer time then that, and untill things may be so setled, as that the Law may have a full, free, and uninterrupted course for the defence and preser∣vation of the Rights of His Majesty, both Houses and his good Subjects.

1. As soon as His Majesty is satisfied in His first Proposition concerning His owne Revenue, Magazines, Ships, and Forts, in which he desires nothing but that the just, knowne legall Rights of his Majesty (devolved to Him from His Progenitors) and of the persons trusted by Him, which have violently been taken from both, be restored unto Him, and unto them, unlesse any just and legall exceptions against any of the persons trusted by Him (which are yet un∣known to His Majesty) can be made appeare to Him.

2. As soon as all the Members of both Houses shall be restored to the same capacity of sitting and voting in Parliament as they had upon the first of Janu∣ary, 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 ad∣hering to His Maiesty in these distractions; His Majesty not intending that this should extend either to the Bishops whose Votes have been taken away by Bill; or to such in whose places upon new Writs new elections have been made.

3. As soon as His Majesty and both Houses may be secured from such tu∣multuous assemblies, as to the great breach of the priviledges, and the high dis∣honour of Parliaments have formerly assembled about both Houses, and awed the Members of the same, and occasioned two severall complaints from the Lords house, and two severall desires of that house to the house of Commons to joyn in a Declaration against them, the complying with which desire might have prevented all these miserable distractions, which have ensued. Which se∣curity his Maiesty conceives can be onely setled by adiourning the Parliament to some other place, at the least twenty miles from London, the choice of which his Maiesty leaves to both houses.

His Majesty wil most cheerefully and readily consent that both Armies be immediately disbanded, and give a present meeting to both his Houses

of Parliament at the time and place, at and to which the Parliament shall be agreed to be adjourned.

His Majesty being most confident that the Law will then recover the due credit and estimation, and that upon a free debate in a full and peace∣able convention of Parliament, such Provisions will be made against se∣dicious preaching and printing against his Majesty, and the establisht Lawes, which hath been one of the chiefe causes of the present distracti∣ons, and such care will be taken concerning the legall and known Rights of his Majesty and the property and liberty of his Subjects, that what∣soever hath been publisht or done in or by colour of any illegall Declara∣tion, Ordinance, or Order of one or both Houses, or any Committee of either of them, and particularly the power to raise Armes without His Maiesties consent, will be in such manner recalled, disclaimed, and provi∣ded against that no seed will remain for the like to spring out of, for the future, to disturbe the peace of the Kingdome, and to endanger the very being of it.

And in such a convention his Majesty is resolved by his readinesse to consent to whatsoever shall be proposed to him by Bill, for the reall good of his Subjects, (and particularly for the better discovery and speedier conviction of Recusants, for the education of the children of Papists by Protestants in the Protestant religion, for the prevention of practises of Papists against the State, and the due execution of the Lawes, and true leavying of the penalties against them) to make known to all the World how causelesse those feares and jealousies have been, which have been rai∣sed against him, and by that so distracted this miserable Kingdome.

And if this offer of His Majesty be not consented to (in which he askes no∣thing for which there is not apparent Iustice on His side, and in which He defers many things highly concerning both Himselfe and People, till a full and peace∣able convention of Parliament, which in Justice He might now require) His Majesty is confident that it will then appeare to all the World, not onely who is most desirous of peace, and whose default it is that both Armies are not now disbanded, but who hath been the true and first cause that this peace was ever interrupted, or these Armies raised, and the beginning or continuance of the War, and the destruction and desolation of this poore Kingdome (which is too likely to ensue) will not by the most interressed, passionate or prejudicate person be imputed to His Maiesty.