The Earles of LINDSEY and CUMBERLAND'S Petition to the KING AT YORKE, In behalfe of the PARLIAMENT, Iune 2. 1642. And his Majesties gracious Assent thereunto.

With his Majesties Commission for the con­firmation of Truce, made between his Majesty and the King of Casteele, the two Kings of East-India, D. Michael de Loronha, Conde de Linhares, Viceroy of Goa, and William Methwold President of the English in East-India.

In all the Lands, Places, Castles, Ports, and Coasts of Affrica, Guyne, Bine, the Island of Saint Thome, &c. and beyond Gape bona Speranza in the Dominions of the King of Portugall.

London Printed for J. Harrison, Iune 11. 1642.

His Majesties gracious Assent to the Peti­tion of the Earles of Lindsey and Cumberland.

THe Earle of Lindsey and Cumber­land petitioned to his Majesty both, to return to his Parliament (as was expressely intimated in their Peti­tion) and humbly desired his Maje­sty to assent unto those Propositi­ons which were sent by the Parliament: who de­clare therein, That they had nothing in their de­sires and thoughts more precious and of higher esteeme (next to the honour and immediate Ser­vice of Almighty God) then the just and faith­full performance of their duty to his Majesty, and their fidelity to the Kingdome? These said Earles were sent for from York to attend the House the precedent Weeke; but they shewed the Messenger of the House speciall Warrants under his Majesties Hand, expressely comman­ding them to the contrary, and that should at­tend his Majesty there, till his further pleasure should be declared unto them.

But they being very sensible of the great in­conveniences [Page 2] of this Kingdome, and what irreco­verable danger those inconveniences may produce▪ if not prevented before they grow to maturity, after a deliberate observation of the causes there­of, did present their dutifull Petition to his Ma­jesty in the posture as well of all sincerity as humility: That out of his Princely Wisedome, for the establishing his own Honours, and Safety, and gracious tendernesse of the welfare and secu­rity of his Subjects and Dominions, He would be pleased to returne to his Parliament, as being the most necessary and principall means (through Gods blessing) of removing those jealousies and differences, which have unhappily fallen betwixt him and his People, and as the effectuall way to procure both to his Majesty and to the Parlia­ment, a constant course of their Peace and Hap­pinesse.

His Majesty tooke the Petition very graci­ously, and desired some time of serious conside­ration thereon, and then he would give them an effectuall Answer. For all the distractions, and distempers of this Kingdome are derived onely from his Majesties absence, and if he would be so condescentious as to returne, questionlesse these suspitions would be expelled, and better opinions entertained. And it is very requisite, That the great affaires of this Kingdome, may not be con­cluded or transacted by the advice of any pri­vate Man, or by any unknowne and unsworne Councellor; but that such matters as concerne [Page 3] State and the publike accommodation of the Realme, are proper for the high Court of Parlia­ment, which is his Majesties great and supreme Councell, ought to be debated, resolved, and transacted onely in Parliament, and not elsewhere. And such as shall presume to doe any thing to the contrary, ought to be reserved to the censure and Judgement of Parliament, and such other matters of State as are proper for your Majesties Privie Councell ought also to be debated and concluded by such of the Nobility and orhers, as shall from time to time be chosen for that place, by approbation of both Houses of Parliament; and that no publike Act concerning the Affaires of the Kingdome, which are proper for your Pri­vie Councell may be esteemed of any validity, as proceeding from the Royall Authority, un­lesse it be done by the advice and consent of the Major part of the Councell, attested under their Hands.

And without doubt His Majesty will conde­scend to so faire a proposition, for the Parlia­ment is his high and chiefe Court and Councell; wherefore it is very expedient, that the doubtfull matters of State should be descided, discussed, and concluded by that high Senate.

His Majesty hath also sealed with his Com­mission, and concluded, That the convention of Truce made between D. Micha [...]l de L [...]ronha, Conde de Linhares, Viceroy of Goa, a [...]d William M [...]thwold President of the English in East-India, [Page 4] shall be continued and kept betweene the Subjects of both Kings in East-India, and in all the Dominions of the most re [...]owned King of Portugall beyond Cap [...] bona Speranza: and tha [...] the Commissioners to be named by the said Kings, shall in East-India take Cognizance with­in thirteen yeares of the demands, which have been or shall be by the Subjects and Vassals of both Kings for their commerce in India afore­said, that so a perpetuall peace and confederation may be confirmed and established by the said Kings, and between their Subjects on both sides. And because the commerce of free comming of the Subjects of the King of great Britaine to the Coasts and parts of Affrica, the Island of Saint Thome, and other Islands comprehended under them, could not yet be agreed upon by reason of the defect of the powers sent by the most renow­ned King of Portugall to his Embassadors, that by this debate, this present Treatise of Peace and Amity between both Kings and their Subjects be not delayed▪ it is on both p [...]rts concluded on, That in the Lands, Places, Castles, Ports, and Coasts of Affrica, Guyne, Bine, &c. the Island of Saint Thome, and other Islands comprehended un­der them, wherein it shall appeare, That the Sub­jects of Great Brittaine have dwelt for trade of Merchandise, or have had trade or commerce there, in the time of the King of Casteel [...], or hi­therto; there shall be no alteration or change, [Page 5] neither shall they have any trouble or injury done them by the Portugals, for that cause.

And if any Customes be to be demanded from the Subjects of the King of Great Britaine on any Cause in the Castles, Places, and Islands a­foresaid, they shall not be greater, or more grie­vous then those which shall be demanded f [...]om o­ther Nations in league with the King of Portu­gall. And the Subjects of the King of Portugall wanting forreign ship [...] for their Navigation, and Commerce to the Coasts and Islands aforesaid may freely at their own pleasure hire the Ship; of the Subjects of great Britain, and that Com­missioners and Ambassadors shall be named, by both Kings, who shall create and conclude con­cerning the commerce, and free-comming to the Coasts, Islands, and Places aforesaid, which hath been demanded by the Commissioners of the King of Great Britain, for the Subjects of their King, being perswaded out of the confidence of the antient amity which hath been between the Predecessors of the same Kings, that the most re­nowned King of Portugall will grant to no Na­tion whatsoever more ample Rights, Immunities and Priviledges, then he will grant to the Sub­jects of Great Britain.

FINIS.

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