THe Lords and Commons assembled in Parliament, being deeply afflicted with a sorrowfull sence of miserable distractions of this Kingdom, overwhel­med with the calamities of the worst kinde of War, have by severall Petitions and many humble Addresses to His Majestie, besought him by remo­ving the causes thereof, to put an end thereunto: And although all their endeavours have not onely proved fruitlesse, but some of their Petitions received a deniall even of Audience, (a favour not denied to the Rebels of Ireland) which might very well justifie them be­fore God and man, to decline any further prosecution that way, espe­cially in a case where themselves and the kingdom are the parties injured and oppressed: Yet their bowels did so much yearn after a happy peace, that they resolved, notwithstanding their former dis­couragements, to break thorow all difficulties; And yet once more most humbly to represent to His Majestie the miserable distempers of His two Kingdoms of England and Ireland, and if possibly they could to endline His Royall heart, really to act what he hath so of­ten verbally professed, To compose those unhappy distractions, and re­store His people to a blessed and lasting Peace. And for that purpose, about the first of February last, They in all humblenesse presented their desires to His Majestie, digested into fourteen Propositions, and how reasonable and indifferent those Propositions were, they ex­pose them to the view of the world to judge, resting assured that no indifferent man that shall duely weigh them, with the time and circumstance, will finde any thing contained in them, but what was necessary for the maintenance and advancement of The true Prote­stant Religion, The due execution of justice, The preservation of the Liberty and Property of the Subject, and The establishment of the [Page 78]Kingdoms Peace and safety. And because they might with all speed take off the burthen under which this Kingdom did principally groan, and stop the spring from whence most of these calamities did slow; They in the first place propounded, That the Armies and Forces raised on both sides might be disbanded, which being effected, the Kingdom might with the more ease and security expect the issue of the Treaty. And therefore they were very carefull, that no Propo­sition or circumstance touching the Treaty should precede this.

His Majestie having received and considered these Propositions, he not long after returned his Answer, wherein he Professeth to have given up all the faculties of his soul to an earnest endeavour of a Peace and reconciliation with his people, and desires a speedy time and place might be agreed upon, for the meeting of such persons, as His Ma­jestie and both Houses should appoint to discusse those Propositions; and six other Propositions made by His, Majestie, and sent with that Answer; whereof one was, That to the intent the Treaty might not suffer interruption by any intervening accidents, That a Cessation of Arms and free Trade might be first agreed upon; which Answer the Lords and Commons did take into their consideration: And because His Majestie did desire that a Cessation might be first agreed upon, they did accordingly submit thereunto, though they had purposely avoided it before; being unwilling to waste the time about the sha­dow that would of it self vanish with the disbanding, which they desired might be concluded in the first place.

But they were willing to give all satisfaction to His Majesties desires, hoping thereby to incline him the more readily to consent to their just requests. And according to their resolution, they pre­pared ready the Articles of Cessation, and that with as much equa­lity and indifferency to both sides as possibly they could. They like­wise agreed to Treat upon the Propositions before the Disbanding; in which Treaty, so much of His Majesties Propositions as con­cerned His Majesties Revenue, Magazines, Forts, and Ships, and the Propositions of both Houses for the Disbanding, should be first Treated of, and concluded, before the proceeding to Treat upon any other. And that this Treaty should begin the fourth of March, or sooner if it might be; and that from the beginning of the Treaty, the time might not exceed twenty dayes. They fu [...]ther resolved, that a Committee of both Houses should be appointed to attend His [Page 79]Majestie, if His Majestie should so please, to endeavour to give him all humble and fit satisfaction, concerning the said Propositions.

All which their resolutions they forthwith by a Messenger dis­patched for that purpose presented to His Majestie, and not long af­ter sent a Committee to attend him. And though they hoped for a ready concurrence from His Majestie to the Articles of Cessation, the Proposition proceeding from himself, yet they received a re­turn, much contrary to their expectation, where they found many scruples raised, and other Articles propounded, which being assent­ed unto by them, would inevitably destroy the Forces raised by them for The defence of themselves, their Religion, and Liberty, and streng­then the Malignant and Popish Army raised against them; which they made appear by their humble Answer to those Alterations and Articles which are herewith at large published, and therefore do re­ferre themselves thereunto. And in the interim, while His Majesty was considering of this their humble Answer, they gave power to their Committee to Treat upon the two first Propositions for four dayes, which after wards they enlarged to the end of twenty dayes. And within some distance of time afterwards, they received a very long Message from His Majestie, which (indeed) carried not with it the face or semblance of a Treaty, but in plain down right lan­guage, was a bitter Invective against the two houses of Parliament, and their proceedings; so that by this time it might very well ap­pear, That the enemies of the Kingdoms peace, so really prosecuted, and likely to be effected by the earnest endeavours of both Houses, thought it high time to cast in their tares of sedition, to prevent the growth of so blessed a fruit. In this Message, after very heavy Taxes, and unjust Scandals and Accusations laid to their charge, forced in, quite be­sides the question. His Majestie condiscended to the Cessation in manner as was agreed on, by both Houses, to continue onely for five dayes, expecting a liberty notwithstanding to be given the Committee to word it according to the reall Intention, and so that His Majestie might not be understood to consent to any Imposing upon Leavying, Distraining, or Imprisoning of His Subjects, to force them to Contribute, expresly protesting against it, and Inhibiting his Subjects to submit thereunto, and requiring them to resist; and so that there might not be a liberty for Seizing upon his Subjects by any Souldiers of the Army, for not submitting to such Impositions: Which offer of His Majesties, being but a Cessation onely for five dayes, and some part of that time to be first spent by the Committee [Page 80]in wording of it, and limited with a Protestation against, and a Command to resist that Power whereby their Forces must be paid and supported, which if not answered and justified, would by a con­sent to His Majesties offer, imply a declining of that power, which might indanger the Disbanding of their Army; And if answered, would necessarily have enforced them to some sharpnesse of lan­guage, which the enemics of this Treaty would easily take occasion to quarrel at, and perswade His Majestie to break off; which the Lord and Commons, out of their hearty zeal to bring it to a happy conclusion, did purposely avoid. and therefore they did not onely passely these Scandals, and unjust Accusations laid to their charge by that Message, but purposely declined to enter into any dispute of their power, for maintaining the Forces raised for their own neces­sary defence. And therefore thought it best to spend the remainder of the time in Treating upon the Propositions, and for that end enjoyned their Committee, as much as in them lay, to ha­sten it, especially that part touching the Disbanding, which being concluded, would not only produce a temporary Cessation, but an absolute abolition of all acts of hostility. The proceedings and issue of which Treaty, the Lords and Commons think it necessary to publish to the Kingdom, to the end the sincerity of their endeavours, to pro­cure a happy settlement of these miserable distractions may appear.

When they perceived that the most part of the time prescribed for the Treaty was like to be spent about the Cessation, they gave power to their Committee in the mean time, to Treat upon the Propositions in order as they had formerly Voted, and therefore be­ginning with His Majesties first Proposition, whereby. His Majestie demanded, That his own Revenue, Magazines, Towns, Forts and Ships, which had bin taken or kept from him by force, should be forth­with restored unto him. The Lords and Commons by their Commit­tee, made him this humble Answer. First, That as to his Revenue they had not made use of it but in a small proportion, and a good part of that was imployed for the maintenance of his own children, according to the allowance established by himself, that what should remain due to His Majestie they would satisfie, and would leave the same to His Majestie for the time to come. They likewise thereupon propound­ed to His Majestie, That he would restore what had been taken for his use, upon any of the Bills assigned to other purposes, by severall Acts of Parliament, as out of the provision made for the Wars of Ireland, which offer of theirs, after some debate thereupon with [Page 81]the Committee, was thought reasonable, and in effect concluded. And as to the Demand of the Towns, Forts, and Ships, they in substance gave this humble answer; That they would deliver up such as remained in their hands, into the hands of such persons of worth, qualitie, and trust, to be nominated by His Majestie as the two Houses of Parliament should confide in, none of which persons to be removed during three yeers next ensuing, without just cause to be approved of by both Houses. That the Warden of the Cinque-Ports, and all governours and Commanders of Towns, Forts, and Castles, should keep the same respectively, for the service of his Majestie, and the safetie of the Kingdom, and that they should not admit into them any Forraign Forces, or any other Forces raised with­out His Majesties authoritie, and consent of the two Houses of Parliament. And they should use their uttermost indeavours to sup­presse all Forces raised without such authoritie and consent, and seize all Armes and Ammunition provided for any such Forces. Unto which Offer of theirs His Majestie gave this conclusive Answer: That His Majestie did not intend that both Houses of Parliament should expresse their confidence of the persons to whose trust the Cinque-Ports, April 5. or other His Majesties Townes and Forts, were or should be committed, but that they should have libertie to proceed against them according to Law; His Majestie claiming the nomination and free election to belong to him of right. And to the Clause con­cerning the admission of Forces into those Forts, Castles, and Towns; His Majestie would consent no further then these gene­rall tearms; That is, That no Forces raised or brought in, con­trary to Law should be admitted, and that all Arms and Ammu­nition should be sei [...]ed upon, which by the Lawes and Statutes of the Kingdom they ought to seize. They made the like Answer concern­ing the Ships, That they should be delivered into the hands of such noble Person as His Majestie should nominate to be Lord high Admirall of England, and the two Houses of Parliament confide in.

To which offer His Majesty refused His consent, declaring His Re­solution to insist upon what by Law was His own (as His Majesty was pleased to expresse it,) and take from Him should be restored unto Him without any conditioning, or new lymitations to be put upon Him or His Ministers. And now the Lords and Commons will referre it to the world to judge, whither their demands were not such, and so moderate, as was fit and necessary for them to make, and just and reasonable for His Majesty to assent unto: wherein they may be plea­sed [Page 82]to consider, That this was a Treaty for the disbanding of two Armies, and Forces raised in opposition each to other. That the Towns, Forts, and Ships, are a great part of these Forces, and of the strength of that side, that possesseth them: That for any one side to demand the possession and power thereof, and the other side to dis­band their forces, and quit themselves of all their strength is in effects a totall disbanding of that side, and a continuing the forces of the other, which must be granted to be most unequall; And therefore the Lords and Commons did think it just and honourable, That the remaining strength should be put into such hands, as both sides might trust.

Secondly, That their demand to have the Forts and Castles into the hands of such persons as both Houses should confide in, was a Proposition warranted by the frequent The fourth of Edward the third, Articw. 1. against Roger Mortimer. The King had put to him four Bishops, four Earls, and four Barons; without whose content, or of some of them, no great businessle was to be transacted. Rot. Parham, 13 E. 3. N 15, 16 The whole N [...] d [...]sposed of by Parliament, N. 13, 14 Admiralls appointed, and In­structions given to them. N 32 Instructions for the defence of Jersey, and a Deputy Governour apointed in Parliament. N 35. Souldiers of York, Nottingham, &c to go at the cost of the Countrey; and what they are to do N. 36 A Clark appointed for payment of the r [...]wages by the oversight of the Lord Percy and Nevill N. 38 Sir Walter Creak appointed keeper of Berwick N. 39. Sir Tho de Wake appointed to set forth the Array of souldiers for the County of York, and N. 40, 41, 42, 4, others for other Counties. XILLI. E. 3. N. 36. The Parliament agreeth that in the Kings absence the Duke of Cornwall shall be Keeper of England. N. 35. They appoint the Archbishop of Canterbury, the Earls of Lancast. Warton, and Huntington. Councellors to the Duke, with power to call such others as they shall think fit N. 19. Certain appointed to keep the Islands and Sea. Coasts. N. 42. The Lord of Mowbray appointed Keeper of Berwick. R 48 Commission to the L. Mowbray of the Iustices of Lentham N. 53 54. &c Commissions of Arra to the Earl of Angou, and others. XV. E. 3. N. 15. That the Chancellors, ch [...]ef Iustices, Treasurers, Chancello [...]s, and Barons of the Exche quer, &c, may be chosen in open Par­iament, and there openly sworn to observe the Law, Answer thus: That as they fall by death or otherwise, it shall be so done in the choyce of a new, with you assents, &c L.E. 3 N. [...]0,11. Ordered in Parliament. That the King should have at the least tea or twelve Councellors, without whom no weighty matters should passe, &c. N 15. A Com­mission to the L. Perey and others, to appo [...]nt able persons for the defence of the Marches of the East-Riding. 1. R. 2. N. 18,12. The Parliament wholly disposeth of the Education of the King, and of the Officers, &c. N. 51. Officers for Gascoine, Ireland, and A [...]ton, Keepers of the Ports, Castles &c. II R. 2. Rot. Parl. pars 2. artic. 39. The Admiralry. N. 37 In a chedule is containe the order of the E of Northumb and others, for the desence of the North Sea-Coasts, and confirmed in Parliament VI. R. 2. N 11. The Proffer of the Bishop of Norwich, to keep the Sea Coasts, and accepted in Parliament. VIII . R. 2. 11.16. The names of the chief Officers of the Kingdom to be known to the Parliament, and not to be removed, without just cause. XI. R. 2. N 23. No persons to be about he King, or intermedole with the Affairs of the Realm, other then such as be ap­pointed by Parliament, XV. R. 2. N 15 The Commons name the person to treat of a Peace with the Kings enemies. Rot. Parl. 1 H 4 N. 106. That the King will appoint able Captains in England and Wales. Stat. 4 H. 4 cup. 31,32,33. primed. The wels;h men shall bea Office. V. H. 4. N. 16. The King, at the request of the Commons, removed his Confessor, and three other men from about him. N 37. At the Request of the Commons, nameth divers Privy Councellors. VII. & VIII. H. 4.26 Power given to the Merchants to name two persons to be Admiralls. VII. & VIII. H. 4. N 31 Councellors appointed by Authority of Parliament. N 26. Commissions granted in Parliament to keep the Sea. Rot. Parl. [...] H. 6. N 61 Chancellor, Treasurer, and Privy Seal, appointed by Parliament. N. 24. Protector, and Defensor Regni, appointed by Parliament N 26. Privy Councellors. II. H. 6 N 15. Councell named by Parliament IV. H. 6. N. 19. The Duke, by common con­sent in Parliament appoints a Deputy to keep Berwich Castle. XIV. H. 6 N. 10 The keeping of the Town of Callice is committed to the Duke of Glo [...]cester, by Indenture between him and the King, and confirmed in Par­liament. XXXI. H. 6 N 41. Roch; Earl of Salubury, and others, are appointed by Parliament to keep the Seas, Tunnage and Poundage appointed to them for three yeers 33 H. 6 N. 27. Discharged. 39 H. 6 N. 32. The Duke of York made by Parliament Generall. Stat 21 [...]ac. cap. 34. Treasurers, and a Councell of War appointed by Parliament, and an Oath directed to be by them taken. The Earl of Essex made Lord Lievt. of the County of Yorke Sir Io. Conniers Lievt. of the Tower, upon the desire of the Lords and Commons this Parliament. With very many more Presidents, which to avoid prolixity, are purposely omitted. Presidents of former times, [Page 83]whereby it appeareth, that many other Parliaments have made the like and greater demands, and His Majesties Predecessors have assen­ted thereunto.

Thirdly, It was a Proposition which his Majestie himself in seve­rall Declarations of his own affirmed to be reasonable and just; for in his Majesties Answer to a Petition of the house of Commons, January 28.1641. He He expresseth thus, For the Forts and Castles of the Kingdom, his Majestie is resolved, they shall be in such hands, and onely in such as the Parliament may safely confide in, &c. And in another Answer to two Petitions of the Lords and Commons, de­livered the second of February, 1641. His Majesty useth these words, That, for the securing you from all dangers or Jealousies of any) His Majesties, will be content to put in all the places, both of Forts and Militia, in the sevarall Counties. such persons as both Houses of Paliament shall either aprove or recommend unto Him, So that you declare before unto His Majesty the name of the persons whom you approve or recommend, unlesse such persons shall be named, against whom he shall have just and unque­stionable exception; which being declared by His Majesty Himself they had no cause to suspect a deniall, being confident, that His Majesty did intend what he spoke; and if any ill Counsell could prevail to make Him recede from His word, it must be admitted the Kingdom hath more cause to be further secured.

Fourthly, For that to our sad experience, it is well known, That His Majesties power in this and other things, is too much steered and guided by the advice of these secret and wicked Councellors, that have been the Instruments of our present miseries; And though His Majesty carryeth the name, yet they will have the disposing of those places; And the Lords and Commons thought it the more reasonable and necessary to insist thereupon, Because that in the time when they were preparing their Propositions to His Majesty, it did appear unto them by a Letter written by His Majesty to the Queen, (which they have caused to be here with Printed) that the great and eminent places of the Kingdom were disposed by her advice and power, and what Her Religion is, and consequently how preva­lent the Councells of Papists and Jesuites will be with Her, may be easily conjectured; and it is to be observed who the persons designed for preferment were, even during the sitting of a Parliament. The Lord Digby impeached in Parliament for high Treason, and most, if not all the rest impeached in Parliament, and such as bear Arms a­gainst them.

Lastly, admitting that these demands touching the Ships and Forts had been made even in a time of Peace and tranquility, yet considering the attempts of Force and Violence made and practised against the Kingdom, and this present Parliament; as the Designes many years since to bring to this Kingdom the German Horse, to compell the Subject to submit to an arbitrary Government; The indeavour to bring up the late Northerne Armie, by force and vio­lence to awe the Parliament; His Majestie coming in person to the House of Comments, accompanied with many Armed men, to demand their Members to be delivered up; And the Treason of the Earle of Strafford, to bring over the Irish Popish Armie to Conquer the Kingdom; they might very well justifie, nay they were in dutie bound (in discharge of the trust reposed in them by the Common-wealth) to make that Demand, and expect the performance thereof, to the end the people might be secured from any such violence hereafter, yet (to their inexpressible sorrow they must speak it) neither the Reasonablenesse the Moderation, or Just­nesse of the Request, nor the Peace of the Kingdom (which probably would ensue thereupon, could be Arguments prevalent enough to induce His Majesties cons;ent thereunto; and His Majesties offer of those Commanders that shall offend, to leave them to Justice and Triall of the Law, is an Answer more to shew His power to pro­tect Delinquents then satisfaction to a Parliament, being the due and right of the meanest Subject; and yet intituled here as a fa­vour done to both Houses of Parliament.

And though His Majestie is pleased to justifie His deniall, with the Allegation, That it is His right by Law; they must appeal to the judgement of all indifterent men, whether that be a satisfacto­ry ground of refusall, for admitting His Majesties power of dis­posing the Ships, Forts, and Castles, and committing them into what hands He please, to be by Law absolutely vested in His Ma­jestie (which they by no means can admit, He being onely trust­ed with them for The defence and safetie of the Kingdom) as He son, for the King to refuse His consent to after that Law, when by circumstance of time and affairs, that power becomes destru­ctive to the Common-wealth and safetie of the people: The pre­servation whereof, is the chief end of the Law, and though the two Houses of Parliament, being the representative body of the Kingdom, are the most competent Judges thereof, yet in this [Page 85]Case they do not proceed onely upon an implicite Faith, but de­monstrate it both by Reason and Experience, That their demand is not only neccessary to secure the Kingdom from Fear and Jealousie, but to preserve it even from ruine and destruction.

And surely had this Argument of being Their right by Law, been prevailing with His Majestie Precedessours, this Nation should have wanted many an Act of Parliament which now they have, that was necessary for their being and subsistence. And they coul heartily wish that the Lawes and Statutes of the Kingdom might be The rule of what is, and what is not to be done, acknow­ledging with His Majestie, that the same is the onely rule between Him and His people, the assurance of the free enjoyment thereof is their onely aime; but how little fruit the people hath gathered from this true, let the wofull experience of these last eighteen yeers judge, where, in a time of Peace and Plentie, the power of issuing out Commissions, to compell Loanes; A power in the King at His pleasure to impose a charge upon the people, to provide Ships, without limitation of time or proportion; A power in the Councell Board to commit men, and determine businesse without distinction of persons or causes; The power of laying Imposition, both upon Forreign and Domesticke Commodities, and many other Acts of oppressions, was under the name and co­lour of a Legall right thereunto, practised and put in execution; Against which, the Subject had no help of relief, but necessitated to submit and lie under the burden: And when at any time a Par­liament was called (being the onely cure and remedie for these griefs) it could no sooner touch upon these sores, but it was dashed in pieces by a sudden dislolution. And now that a reme­die is provided for that mischief, by the Act for continance of this Parliament, it is attempted by the force and power of an Army to effect that which formerly could have been done with more ease and readinesse.

And now they referre it to the censure of any honest man, whether they have not the warrant of Reason and Necessitie, to demand some securitie to enjoy that which His Majestie confes­seth to be the peoples right: And in reference to that, whether their Demand of having the Forts, Castles, and Shipping to be put into such hand as both Houses shall have cause to confide in, was not both moderate and reasonable.

And touching their Demand, and His Majesties Answer to the [Page 86]Clause concerning the admission of Forces into those Forts, Ca­stles, and Towns, they must still submit it to all indifferent judgements, how much reason and justice was comprehended in their Demand, and how little satisfaction they received therein: His Majesty answers, That no Forces raised or brought in contrary to Law, should be admitted; which they could heartily wish here­tofore had, or hereafter would be really performed: But they de­sire it may be considered, What security this will be to the King­dom, to prevent the raising or bringing in of Forces contrary to Law; who shall be Judges of the Law, when those Forces are once raised, and once brought in? Surely His Majesty will not ac­knowledge the two Houses of Parliament to be; for His Majesty by severall Declarations, hath expresly denyed them any such power: For contrary to their Declarations, fortified with Law and reason, His Majesty published and affirmed the legallity of the Commission of Array, and put the same in execution in most parts of the Kingdom; Hath authorized the Papists of the King­dom to take Arms to oppose the Parliament, and their Proceed­ings, and to rob, spoyl, and deprive the Protestants of this King­dom of their estates and lives; Hath by divers Proclamations and Declarations published the raising of Forces, and taking up of Arms by the two Houses of Parliament, and such as therein obey their Commands, for their own defence, and the defence of their Religion and Liberty assaulted by an Army of Papists, and their adherents, to be Rebellion and Treason; and the taking up of Arms by the Papists and their adherents, to be acts of duty and loyalty; And all this urged and pretended to be war­ranted by the Law of the Land: And they do not doubt, but by the same Law, persons legally impeached and accused in Parlia­ment of high Treason; as the Lord Digby, Master Percy, Master Jermyn, Master Oneale, and others, are by the Power of an Ar­my protected from the Justice of the Parliament: And yet all this while the people have not onely his Majesties promise, but His Oath, to govern and protect them according to the Laws of the Land. And now they appeal to the world, Whether such a generall Answer, That no Forces raised or brought in contrary to Law, without admitting them so much as to declare their con­fidence in the persons that are to be entrusted with the Power, be just or reasonable: What is it otherwise in effect, then to make those persons that are the Instruments to violate the Law, Judges [Page 87]of that Law (which to our sad experience, is the wofull and miserable present condition of this Kingdom.

And though, by what had hitherto passed, they had little cause to suspect such a happy issue to the Treaty as they heartily wished, and most earnestly laboured for, discovering not the least inclination of complyance to their just Demands, but all, or most of them, answered with a denyall, and that not with­out some sharpnesse and acrimony; yet resolving to be wanting in nothing of their parts, they enjoyned their Committee to presse on the Proposition for disbanding, and humbly desire His Majesties positive Answer thereunto; which (if assented unto by His Majesty) would, though not wholly take away the cause, and perfectly cure the distractions of this Kingdom, yet at least take off the smart and pain under which both Church and State do most miserably languish, and so better enable them to endure the expectation of a thorow Cure.

The Committee applyed themselves to His Majesty accord­ingly; and after some endeavour to protract the debate of this Proposition, and desire that it might be deferred to the conclu­tion of the Treaty; and that the time of the Treaty might be en­larged, His Majesty being earnestly importuned to a positive and speedy Answer, to the end the Kingdom might know what they might trust to, His Majesty was pleased to return this An­swer; That as soon as His Majesty were satisfied in His first Proposition, concerning His own Revenue, Magazines, Ships, and Forts. Secondly, as soon as all the Members of both Hou­ses shall be restored to the same capacity of sitting and voting in Parliament, as they had upon the first of January, 1641, not intending to extend it to the Bishops Votes, or to such in whose places, upon new Writs, new Elections have been made. Thirdly, as soon as His Majesty and both Houses might be secured from such tumultuous assemblies as formerly assembled about both Houses; which security, His Majestly explains, can be onely setled by adjourning the Parliament to some place twenty miles from London, His Majesty would consent that both the Ar­mies should be disbanded, and come to the Parliament; which in terms plain enough, is as much to say. That untill both Houses shall consent to those demands, he will not disband His Army, He will continue the Warre: And what reason or justice is either in the [...] [Page 86] [...] [Page 87] [Page 88]matter or manner of those demands; Or what hope or expectation the people can have to see an end of their present calamities, they leave it to themselves to judge. His Majesty in the beginning of the Treaty, in His answer to the Propositions of both Houses, was pleased to expresse how unparliamentary it was by Arms to require new Laws: but how to apply that the two Houses of Parlia­ment, they must confesse they are to seek; they never having de­manded any new Laws by Arms, endeavouring onely (what in them lieth) to preserve and defend themselves, their Religion, and Laws, from the violence of an Army first raised against them; which being laid down and disbanded, they offer to disband theirs, without any other condition. But they are well assured, That by this His Majesties Answer, here is not onely a requiring of new Laws, but a repealing of the old, by Arms: For His Majesty must have this Parliament adjourned to another place; which by a Sta­tute made this present Parliament, cannot be done, without the consent of both Houses. He must have the Members disabled to sit there by the respective judgement of both Houses, restored to their former capacity of sitting and voting, or he will not consent to disband. And how destructive to the Liberties of the Parliament, and dangerous to the Kingdom these Conditions required by His Majesty to precede the disbanding, are, any man that hath an eye to see, may easily discern: As first, To satisfie his first Proposition, in yeelding up the Magazines, Ships, and Forts, into the hands of such persons as His Majestie shall appoint to receive the same, without any admission to the two Houses to expresse their confidence in those persons: which being performed, were to yeeld up the prin­cipall part, if not all the strength they have, and expose them­selves, Religion, and the Kingdom, to the mercy of a powerfull Popish Army raised against them; and submit it to them, and to the will and pleasure of those Councellors, whose interest with His Majesty, hath brought this Kingdom to this desolate condition, whether they would disband or not. Secondly, To satisfie Him in His Proposition touching His Revenue, wherein He demands a restitution of what hath been taken from Him: Which (though it would prove no considerable Sum, yet the time that the examination and agreement upon the accompt, would necessarily take up, would prove such, as might very well make the King­dom sink under the burden of two Armies, before it came to a [Page 89]conclusion. And touching His Majesties requiring a restitution of the Members to their sitting, and Votes; It is observable that the demand is made, without distinction of persons, or offences; so that be the persons never so criminous, or the offences never so notorious, and so the Judgement never so just, yet all must be re­stored, or no consent to disbanding. And the reason and ground of the Demand is as observable; Because they adhered to His Ma­jesty in these distractions: An Argument, they must confesse, much used by the Earl of Strafford, in defence of his Treason, who would have justified the most notorious Crimes laid to his charge, by Au­thority and Commands derived from His Majesty, and his zeal to advance His Majesties Service and profit: and no doubt the same reason may be used for the Judges, in case of Ship-money, and most of the Monopolists and Projectors, who by Letters Patents had not onely His Majesties Command and Authority for the doing what they did, but brought in great Sums of Money to His use and benefit, and that perhaps in times of necessity and want there­of: And so consequently, because these adhered to His Majesty, (for what they did, was for his profit) with the like reason it may be required, That all Impeachments and Proceedings against them should be repealed, and laid aside.

And surely nothing can be more destructive and dangerous both to Parliament and Kingdom, then the consenting to that De­mand: For what can be more destructive to both Houses, then to restore those persons to have their former suffrage and Votes in Parliament, over the lives and Liberties of the People, and the Priviledge of Parliament, who have not onely disserted the Parliament, disobeyed and contemned their Authority, neglect­ed the Trust reposed in them by those that sent them thither, in whose behalf they were to attend and serve there, but by private practises and open hostility have endeavoured to destroy both Par­liament and people.

And it would be an objection of difficultie to answer, whe­ther in giving a consent to this demand, the people who are to chuse these Members should not be deprived of their interest and freedom of choice and election now divolved unto them, by put­ting out the Members already sent; And to this they might adde, the danger of the President, and the reflection of dishonour that would fall upon both Houses, should they consent to this which [Page 90]would be with the same breath, as it were, to give and re­peal their judgement, and pronounce sentence of injustice and rashnesse against themselves; but they will not insist thereupon in a case otherwise so full of danger and inconveniencie to the publique.

And touching the Proposition of adjourning the Parliament twenty miles distant from London, they shall not need in a case so apparant, to spend many words to discover the inconvenien­cie and unreasonablenesse thereof, for, should they assent unto it, to passe over the inconveniencies that would happen to such per­sons that should have occasion to attend the Parliament, by re­moving it so far from the residencie of the ordinary Courts of Justice, and the places where the Records of the Kingdom re­main (whereof there is frequent use to be made) it would not onely give a tacite consent to those scandals so often pressed and affirmend in severall Declarations, That is, That His Majestie was forced for the safetie of His own person heretofore to with­draw, and hitherto to absent himself from the Parliament, which both Houses can by no means admit, but must still deny. But likewise to that high and dangerous aspersion of awing the Mem­bers of this Parliament, raised without doubt, purposely to in­valide the Acts and proceeding thereof. And by that engine, in case the Popish Armie should prevail against the Parliament, (which they trust God in his goodnesse will never permit) to overturn and nullifie all the good Lawes and Statutes made this Parliament.

And it would give too much countenance to those unjust aspesir­ons laid to the charge of the City of London, whose unexsampled zeal and fidelity to the true Protestant Religion, and the Liberty of this kingdom is never to be forgotten, That His Majesty and the Members of both Houses cannot with safety to their persons reside there; when as they are well assured, That the loyalty of that City to His Majesty, and their affections to the Parliament, is such, as doth equall, if not exceed, any other place or City in the Kingdom: And with what safety the two Houses can sit in any other place, when even in the place they now reside, the House of Commons was in apparent danger of violence, when His Majestie, accompanied with some hundreds of armed men, came thither to demand their Members, let the world judge.

And now the Lords and Commons must appeal to the judgement of all impartiall men, Whether they have not used their utmost and most faithfull endeavours to put an end to the distractions of this Kingdom, and to restore it to a blessed and lasting Peace; And whether their Propositions (being the way thereunto) were not such as were reasonable and necessary for them to make, and just and Honourable for His Majesty to grant; And whether His Mejesties Answer to these Propositi­ons, are satisfactory, or correspondent to His Expression, To have given up all the faculties of His soul to an earnest endeavour of a Peace and Reconciliation With His People: But they must confesse, that they had just cause to suspect, That this would be the hap­py issue of the Treaty; for the prevalency of the enemies thereof, who like that evill spirit, do most rage when they think they must be cast out, was such, that they would not proceed therein one step, without some attempt or provocation layd in the way to interrupt and break it off; for after they had resolved to present their hum­ble desires and propositions to His Majesty, their Committee must not without a speciall safe counduct and Protection from Him have accesse to Him, (a liberty incident to them, not only as they are Members of the Parliament, and employed by both Houses, but as they were free born Subjects; and yet when they passed over this, His Majesty refused a safe conduct to the Lord Viscount Say and Seal, being one of the Committee appointed by both. Houses to be em­ployed upon that occasion, such a breach of priviledge that they be­leeve is not to be paralelled by the example of former times, and yet their desire was such to obtain the end they drive at, (that is a happy and lasting peace) That they resolved not to interrupt the Treaty for that time by insisting upon it. And then they had no sooner entred upon the Treaty, but a Proclamation dated at Oxon the 16 of February, 1642. entituled His Majesties Proclamation, forbidding all His loving Subjects, and the Counties of Kent, Surrey, Sussex, and Hampshire to raise any Forces, &c. And an­other Proclamation dated the 8 of February, forbidding the asses­sing and payment of all Taxes by vertue of an Ordinance of both Houses, and all entring into Associations, were published in His Majesties Name, containing most bitter invectives and scandalls a­gainst the proceedings of both Houses, by stiling them and such as obeyed them, Traitors, and Rebels, charging them under the name [Page 102]of Brownists, Anabaptists, and Atheists, to endeavour to take away the Kings life, and to destory His Posterity, the Protestant Reli­gion, and the Laws of the Kingdoms, with many other such scan­dalls and aspersions; and even at this time were many designs pra­ctising against the Parliament, which in all probability were the grounds and reasons of His Majesties confidence and deniall of their just desire. Insomuch, That His Majesty in a Letter sent from Him to the Queen, and read in the House of Commons, did declare, That He had so many fine designs layd open to Him, that He knew not which first to undertake. One whereof proba­bly was the most bloody and barbarous design upon Bristoll at­tempted (though by Gods infinite mercy prevented) during the Treaty. And whether that of Sir Hugh Cholmleys in betraying of Scarborough Castle, wherwith he was entrusted by the Parliament, to the Queens hands, and acted likewise during the Treaty. And that of Killingworth Castle, which should have been likewise be­trayed, and a design discovered by a Letter found in the Earle of Northamptons pocket, slain neere Stafford, written to him from Prince Rupert, were some of the other designs mentioned in His Majesties Letter, they cannot certainly affirm, but conjecture. And when this collaterall provocations and attempts could not prevaile to make them desert the Treaty, then comes in His Majesties Mes­sage of the fourth of April, which they have mentioned before, charging them to abuse the people with imaginary dangers, and pretended fears, to use force and Rapines upon His good Subjects, with publishing new doctrines, That it is unlawfull for the King to do any thing, and lawfull to do any thing against Him, with malice and subtilty to abuse the people, that their pleasure is all their bounds; with many other such bitter expressions, that no man could think such an Answer could be any part of a Treaty, or at least to proceed from a heart that desired a happy issue thereunto. Notwithstanding all which, the Lords and Commons were so reso­lutely fixed to prosecute that Treaty, and (if possibly they could) to bring it to a blessed and happy conclusion, that they were con­tent to lye under all these scandalls, and endure all these wounds, so they might make up the breaches of the Common-wealth; And therefore they did forbear the returning of an Answer to any of these provocations. And then when that Malignant and Popish party (too too prevalent with his Majesty) preceived their con­stancie [Page 103]not to be provoked to break that Treaty of their part, they found it necessary to seduce His Majesty to refuse His consent to their most necessary and just desires, and to propound such things as could not with the peace and safety of the Church and State be yeelded to, and so effected their own desires. All which, The Lords and Commons thought it their duty to publish to the King­dome, to the end that they may see that what hath been long en­deavoured by subtill and secret practises, is now resolved to be ef­fected by open violence and hostility; That is, the destruction of our Laws, and the Protestant Religion, and introducing of Popery and Superstition; and that there is little or no hope by any endea­vour of a Treaty to procure the peace of this Church and King­dom, unlesse both be exposed to the will and pleasure of the Popish party, untill the Army and forces now raised and continued by them, be first destroyed or suppressed. And therefore the Lords and Commons do hope, that not only such as are already convinced of their designe and malice; but even those that by their subtile and false pretences have been ignorantly seduced to joyn with them, that love their Liberty and the Protestant Religion, will now with one heart and minde, unite together, to preserve their Religion and Liberty. In the defence whereof, The Lords and Commons are resolved to offer up themselves, their lives and fortunes, a willing Sacrifice.