The votes agreed on by the Lords and Commons concerning a treatie and their desire of a safe-conduct for a committee named by them in the Earl of Manchesters letter of the 28. of Febr. to the Lord of Falkland; with His Majesties gracious answer thereunto: and His Majesties safe-conduct. Also the articles of both Houses of Parliament concerning a cessation, with a letter of the 28. of February from the said Earl of Manchester to the said Lord Viscount of Falkland, wherein they were inclosed; together with His Majesties gracious answer to the same. — Proceedings. 1643
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The VOTES agreed on by the LORDS and COMMONS concerning a TREATIE; And their Desire of a Safe-Conduct for a Committee named by them in the Earl of Manchesters Letter of the 28. of Febr. to the Lord of Falkland;
With His MAJESTIES gracious Answer thereunto: And His MAJESTIES Safe-Conduct.
Also the ARTICLES of both Houses of Parliament concerning a Cessation, With a Letter of the 28. of February from the said Earl of Manchester to the said Lord Viscount of Falkland, wherein they were inclosed;
Together with His MAJESTIES gracious ANSWER to the same.
LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. MDCXLII.
¶ Agreed on by the LORDS and COMMONS in Parliament;
THat there shall be a Treatie upon the Propositions before the disbanding; in which Treatie, so much of His Majesties Propositions as concerns the Magazines, Forts and Ships; and the Proposition of both Houses for the Disbanding of the Armies, shall be first Treated of, and Concluded on, before the proceeding to Treat upon any of the other Propositions.
And that this Treatie shall begin the fourth of March, or sooner if it may be, and that from the beginning of the Treatie the time may not exceed twenty dayes.
I Am commanded by the Lords in Parliament, to desire your Lordship to acquaint His Majestie, that both Houses of Parliament having appointed a Committee to Treat with His Majestie, They desire that a Safe-Conduct may be granted unto them by His Majestie; The number and the names of the Committee your Lordship shall receive here inclosed.
My Lord, I am
Your Lordships humble servant Manchester Speaker of the House of Peers pro tempore.
Febr. 28.
For the Right Honourable the Lord Viscount Falkland, Principall Secretary to His Majestie.
HIs Majestie hath sent a safe Conduct for the Earl of Northumberland, Master Peirpoint, Sir William Ermyne, Sir John Holland, and Master Whitlock, but hath not admitted the Lord Say to attend Him, as being excepted against by name in His Proclamation at Oxford, of the third of November, and by Writ to the Sheriffe proclaimed then in that County, in which His Majesties intention is declared to proceed against him as a person guilty of high Treason, and so falling to be within the case of Sir John Evelyn, who upon the same exception was not admitted to attend His Majestie with the rest of the Committee at Colebroke in November last: But His Majestie doth signifie, that in case the House shall think fit to send any other person in the place of the Lord Say, that [Page 4]is not included in the like exception, His Majestie hath commanded all His Officers, Souldiers, and other Subjects, to suffer him as freely to passe and repasse, as if his name had been particularly comprized in this safe Conduct.
His Majestie is content that His Proposition concerning the Magazines, Forts, Ships, and Revenue, and the Proposition of both Houses for the disbanding of the Armies, shall be first Treated of, and agreed of, before the proceeding to Treat upon any of the other Propositions; And that after, the second of His Majesties, and the second of theirs be Treated on, and agreed of, and so on in the same order; And that from the beginning of the Treaty the time may not exceed twenty dayes, in which He hopes a full Peace and right Vnderstanding may be established thorowout the Kingdom.
OVr Will and Pleasure is, And We do hereby straitly charge and command all the Officers and Souldiers of Our present Army, and all Our Ministers and Subjects whatsoever, to Permit and suffer Our Right Trusty and Right Welbeloved Cousin and Councellour Algernon Earl of Northumberland, and Our Trusty and Welbeloved William Peirpoint Esquire, Sir William Ermyne, and Sir John Holland Knights, and Bulstrode Whitlock Esquire, together with their servants to passe and repasse to and from Vs without any Let or Hinderance, they being now sent to attend Vs from Our two Houses of Parliament.
This Our safe Conduct under Our Signe Manuall and Royall Signet, We charge and command them and every of them punctually to observe and obey, as they will Answer the contrary at their utmost Perils.
Given at Our Court at Oxford the third of March. 1642.
WHereas the Lords and Commons in Parliament, out of a tender sense of the present Miseries and Distractions of the Kingdom, and for the obtaining and setling of a happy Peace betwixt His Majestie and His People, have humbly presented to His Majestie divers Propositions, to which He hath been pleased to make this Return, That His desire was that a speedy Time and Place might be appointed for the discussing of those Propositions, and likewise some others proposed by His Majestie: It is thereupon agreed in both Houses, That a Committee of both Houses shall be appointed to attend His Majestie, on, or before the fourth of March, if His Majestie shall so please, to endeavour to give Him all humble and fit satisfaction concerning the said Propositions, both His Majesties, and their own. And whereas for the more speedy removall of the bloody and miserable Effects of War, His Majestie hath likewise been graciously pleased, by a late Message to signifie His desire, That for avoiding all intervening accidents of War, which might interrupt this Treaty, there might be a Cessation of Arms under such particular Conditions and Limitations as should be agreed on, their humble Desires [Page 7]therein concurring with His Majesties, it is by them assented and agreed, That a Cessation of Arms in order to such a Treaty as is resolved upon by both Houses of Parliament may be enjoyned to all the Armies and Forces now afoot in the Kingdom of England, and Dominion of VVales, on either side, under the Restrictions and Limitations hereafter following; And that neither side shall be bound or limited by this Cessation in any otherwise, or to any other purpose, then is hereafter expressed.
I. THat all manner of Arms, Ammunition, Victualls, Money, Bullion, and all other Commodities passing without such a safe Conduct as may warrant their Passage, may be stayed, and seized on, as if no such Cessation were agreed on at all.
II. That all manner of Persons passing without such a safe Conduct as is mentioned in the Article next going before, shall be apprehended and detained, as if no such Cessation were agreed on at all.
III. That His Majesties Forces in Oxfordshire shall advance no neerer to VVindsore then VVheatly; and in Buckinghamshire, no nearer to Aylesbury then Brill; and that in Berkshire the Forces respectively shall not advance neerer the one to the other then now they are: And that the Parliament Forces in Oxfordshire shall Advance no neerer to Oxford then Henley; and those in Buckinghamshire no neerer to Oxford then Aylesbury: And that His Majesties Forces shall take no new Quarters above twelve miles from [Page 8]Oxford any way; and that the Parliament Forces shall take no new Quarters above twelve miles from VVindsore any way.
IIII. That no Siege shall be begun, or continued against Gloucester, and that His Majesties Forces now employed in the Siege, shall return to Cirencester and Malmsbury, or to Oxford, as shall be most for their conveniencie; And the Parliament Forces which are in Gloucestershire, shall remain in the Cities of Gloucester, Bristoll, and the Castle and Town of Berkley, or retire neerer to VVindsore, as they shall see cause; And that those of VVales which are drawn to Gloucester shall return into their Quarters where they were before they drew down to Gloucestershire.
V. That in case it be pretended on either side, that the Cessation is violated, no Act of Hostilitie is immediately to follow; but first the party complaining is to acquaint the Lord Generall on the other side, and to allow three dayes after notice given for satisfaction; and in case satisfaction be not given or accepted, then five dayes notice to be given before Hostility begin: And the like to be observed in the remoter Armies, by the Commanders in chief.
VI. Lastly, I hat all other forces in the Kingdom of England, and Dominion of Wales, not before mentioned, shall remain in the same Quarters and Places, as they are at the time of the publishing of this Cessation, and under the same Conditions as are mentioned in the Articles before: [Page 9]And that this Cessation shall not extend to restrain the setting forth or employing of any ships for the defence of His Majesties Dominions.
All which they humbly desire His Majestie will be pleased to ratifie and confirm; And that this Cessation may begin upon the fourth of March next, or sooner, if it may be, and continue untill the five and twentieth of the same moneth; And in the mean time to be published to the Commanders, Officers, and Souldiers, and all other His Majesties loving Subjects on either side; And that the Treaty intended may commence upon the Fourth of March next, or sooner, if it may be, and the continuance thereof not to exceed twenty dayes.
I Am commanded by the Lords in Parliament to desire your Lordship to present unto His Majestie these inclosed Articles concerning a Cessation of Arms, to which they desire His Majesties Answer, as soon as it may stand with His Conveniencie. I am likewise commanded to send unto your Lordship the Resolutions of both Houses, that His Majestie may see the ground of their desires for a present Cessation of Armes. My Lord, this is that I have in command, who am
Feb. 28.
Your Lordships humble servant Manchester Speaker of the House of Peers pro tempore.
HIs Majestie hoped the Treatie would have been begun, and the Cessation agreed on long since, and that much might in this time have been concluded in order to the Peace and Happinesse of the Kingdom. But since in almost a moneth (for His Majesties Propositions were made on the third of February, and He heard not since from both Houses till the first of March) no consent hath been yeelded to it; He conceives the Cessation cannot begin so soon as the fourth of this Moneth, by which time (though His Majesty uses no delay in making His Answer) the same can hardly be returned to them; and many of the Articles now presented to Him from both Houses concerning the Cessation, are so strict, that such of His good Subjects, who are not of His army (and for whom generally He shall alwayes have a principall, just, and compassionate regard) receive not any benefit, or are restored to any Liberty thereby, which His Majestie shall ever insist upon (when in matters meerly concerning Himself He may descend to easier Conditions) and which He hath returned with such alterations, as He doubts not both Houses will consent to, and do sufficiently manifest how sollicitous His Majesty is for the good of His people, and how desirous He is, that in this unnaturall contention no more blood [Page 12]of His Subjects may be spilt (upon which He looks with much grief, compassion, and tendernesse of heart) even of those who have lifted up their hands against Him; And His Majestie therefore desires (against which He can imagine no objection can be made) that the Cessation may begin upon the twelfth of this Moneth, or sooner, if the conditions of the Cessation shall be sooner agreed on; and is willing the same shall continue for twenty dayes, in which time He hopes by the Treaty, and a cleer understanding of each other, a full Peace and Happinesse may be established thorowout the Kingdom. And during that time His Majestie is willing that neither side shall be bound or limited by this Cessation in any other wise, or to any other purpose then is hereafter expressed.
I. THat all manner of Arms, Ammunition, Money, Bullion and Victuals passing for the use of either Army, without a Passe or safe Conduct from the Generall of each Army, may be stayed and ceased on, as if no Cessation were agreed on at all.
II. That all Officers and Souldiers of either Army passing without such Licence or safe Conduct, as aforesaid, may be apprehended and deteined, as if no such Cessation were agreed on at all; And that all manner of persons His Majesties Subjects, of what quality or condition soever (except Officers and Souldiers of either Army) shall passe to and from the Cities of Oxford and London, and back again at their pleasures, during this Cessation, as likewise to and from any other parts of His Majesties Dominions, without any search; stay or imprisonment of their persons, or seizure & detention of their goods or estates; [Page 13]And that all manner of Trade, Traffique and Commerce, be free and open between all His Majesties Subjects, excepting as aforesaid between the Officers and Souldiers of either Army, or for Arms, Ammunition, Money, Bullion, or Victuals for the use of either Army, without a Passe or safe Conduct, as aforesaid; Which may be a good beginning to renew the Trade and Correspondence of the Kingdom, and whereby His good Subjects may be restored to that Liberty and Freedom they were born to, and have so happily enjoyed till these miserable Distractions, and which even during this War His Majesty hath to His utmost laboured to preserve, opening the Way by most strict Proclamations to the passage of all Commodities, even to the City of London it self.
III. That His Majesties Forces in Oxfordshire shall advance no neerer to VVindsore then VVheatley; and in Buckinghamshire, no neerer to Aylesbury then Brill; and that in Berkshire the Forces respectively shall not advance neerer the one to the other then they shall be at the day to be agreed upon for the Cessation to begin; And that the Forces of the other Army in Oxfordshire shall advance no neerer to Oxford then Henly, and those in Buckinghamshire no neerer to Oxford then Aylesbury; And that the Forces of neither Army shall advance their Quarters neerer to each other, then they shall be upon the day agreed on for the Cessation to begin, otherwise then in Passage and Communication between their severall Quarters respectively, without any Acts of Hostility each to other; but may enlarge themselves within their own Quarters respectively, as they shall finde convenient.
IIII. That the Forces of either Army in Gloucestershire, VViltshire, and VVales, as likewise in the Cities of Gloucester, Bristoll, and the Castle and Town of Berkley, shall be guided by the rule exprest in the latter part of the precedent Article.
V. That in case it be pretended on either side that the Cessation is Violated, no Act of hostility is immediately to follow, but first the party complaining is to acquaint the Lord Generall on the either side, and to allow three dayes after notice given for satisfaction: and in case satisfaction be not given or accepted, then five dayes notice to be given before hostility begin: and the like to be observed in the remoter Armies by the Commanders in chief.
VI. That all other Forces in the Kingdom of England and Dominion of Wales, not before mentioned, shall remain in the same Quarters and Places as they are at the time of publishing this Cessation, otherwise then in passage & communication between their severall Quarters, as is mentioned in the latter part of the third Article: And that this Cessation shall not extend to restrain the setting forth, or imploying any ships for the defence of His Majesties Dominions: Provided that His Majesty be first acquainted with the particulars, and that such ships as shall be set forth be commanded by such Persons as His Majesty shall approve of.
VII. Lastly, that during the Cessation none of His Majesties Subjects be imprisoned, otherwise then according to the known Laws of the Land, and that there shall be no plundering or violence offered to any of His Subjects.
And His Majestie is very willing, if there be any scruples made concerning these Propositions and Circumstances of the Cessation, that the Committee for the Treatie neverthelesse may immediately come hither, and so all matters concerning the Cessation may be here settled by them.