IT is agreed at the Treaty concluded this present 29. of September 1642.

Reason.

VVHat doe they treat for? Themselves, the County, or Parliament? If for themselves▪ their conclusion are but personall, and reach no further, and oblige no other part of Yorkshire. If for the Country, where did the Country authorize them, the East-Riding being unconsulted with? If for the Parlia­ment, where is their Order? Nor is it likely th [...]t the Parliament will article with Delinquents here, when they refuse it with the King. And if it be objected, that the Lord Fairfax and Master Bellassis be [Page 2]Knights of the Shire, and so already enabled by the County: I an­swer No: For Master Bellassis is already disabled by the Parliament, and so not in the capacity he was before: and the Lord Fairfax arti­cles, not onely without order of the Parliament, but against it, as shall appeare; for Knights of Shires are to treat for the County in the Parliament not out of it.

Article 1.

That all Forces Assembled together in any part of Yorkshire, or Coun­ty or City of York, shall bee disbanded: all those under the conduct of Captaine Hotham, now in Doncaster, and all other Forces in any o­ther part of the County under any other Commanders belonging to the Garrison at Hull, shall retire to Hull with all speed possible, and the said Captaine Hotham shall begin to march from Doncaster towards Hull, upon Saturday night.

Reason 1.

If all forces be disbanded, how is the County secured? it is not a bare Article can defend us from an invasion of force. And for the Sheriffe, or any Justices power, it is ridiculous to be obliged by those lawes, from which the enemie thinks himselfe at liberty: And it is a strange command they should assume over Captaine Hotham, that oweth them no such obedience.

Article 2.

It is agreed, that no hostile, or violent act shall hereafter be done by the Garrison at Hull, either directly or indirectly by pretence of any aide or assistance whatsoever, upon the persons of any men within the County of York, or within the County or City of York, upon their goods, either in the aforesaid, or in the County of Kingstone upon Hull.

Reason 2.

It is agreed: But who agrees to this? Not Sir Iohn Hotham, who is (I am sure) one Card in the packe at this time: and can they oblige him by their agreement? That were to exercise a power paramount above the Parliament, and to countermand him in any act he shall do in relation to the Parliament orders. And what do they mean by an hostile act? Is the bringing Delinquents to justice an hostile act? If it hath some more violence then our lawes doe admit, the Delin­quents [Page 3]may thanke themselves, who of late have been of that power, as they were not attachable by such acts, being too strong for the ordinary course of law; and by terming those hostile actions that are done by vertue of Orders and Declarations of Parliament, they doe arraigne the Parliament of illegality and violent proceedings.

Article 3.

It is agreed that the Commission of Array, and the Orders or Ordinance of Parliament for the Militia be wholly suspended in this County, untill such times as some course be agreed upon for the ordering of the Militia by the King and Parliament, and this without disputing either the le­gality, or the illegallity of either, but as finding neither of them so necessa­ry at this time as for the setling them on foot to involve this great Coun­ty in blood.

Reason 3.

That is to put the County in a meere neutrallity; this is to estate our selves in a civill independency; this is to make every Countie a free Estate, or rather a tricke to delude both, by keeping those rights our selves, which they fight for. But whether King or Parliament a­gree or no, legalities are where they were: and by what law, Divine, Civill, or Common, can this County make it selfe the depositary of our interests, and exclusive of others. And againe, why shall lega­lity and illegality be equally regarded by us? shall we doe no more for the first then for the last? shall legality finde none to advance it?

Article 4.

It is agreed that no Command be imposed upon this County, but such as are legall and presidented in good times.

Reason 4.

Who shall judge of this legality when the Parliament imposeth Commissions? that were to set an interpretative Court above a Legislative, and to call the conclusions of England to the Barre of Yorkshire, and to indite a Parliament (the greatest Councell) before the judgement of some few Gentlemen, and halfe of those Delin­quents too; and this is to invert the course of justice, and to make offenders sit Judges.

Article 5.

It is agreed that no armed Forces whatsoever shall be suffered to enter this County in a hostile manner, by vertue of any pretence or command whatsoever, and they which attempt to doe it, the whole County shall rise against them with force as enemies against peace to bee sup­pressed.

Reason 5.

If this be, Yorkshire shall be a Sanctuary of all Delinquents, so they come not apparently armed; and by this the whole County shall be ingaged to resist the Parliament, and so become involved in their delinquency: And whereas it is said here in generall, that not any forces, as if the Kings as well as the Parliaments should be resisted, (latet dolus:) We know they thinke to save their stake at any time with the King: and can we thinke that they that have been ever so much for those wayes, will not wheele about for all this when the first advantage appeares.

Article 6.

It is agreed that if any carriages for household, either of the King or Queen, be to passe this County, that to prevent all other armed Forces under pretence of such a conduct to come amongst us, we shall take order to see them quietly conducted by the Sheriffe of the County, with such a con­voy as he shall appoint and we like, and with no other; and if it shall happen the Queens Majesty shall return out of Holland through this County, we shall humbly beseech Her Majesty to forbeare the bringng with Her any multitude of armed Forces, but to believe that we shall wait upon Her Majesty, with such an honorably Convoy as shall fit our duty, and Her Honour.

Reason 6.

What if in these carriages under pretence be concealed ammu­nition to supply the warre betwixt the King and Parliament, shall this County be bound to give it safe wastage, and so implicitely con­tribute to the mischiefes of the Kingdome. And for any Petition to the Queene to dismisse her forces, it is ridiculous: Is it probable that she will be so much wanting to her designe, as to dismisse them [Page 5]upon a bare Petition? and what shall a paper Petition doe, when the Countrey is not in any posture to relieve their Petition if deni­ed? And if her Majesty had been so easily petitioned out of her preparations, what an omission and errour was in the whole King­dome, that never petitioned her all this while in Holland, and so have saved the blood and peace of this Kingdome.

Article 7.

It is agreed that if any warlike provision be desired, to be passed this Country for his Majesties service, that we shall humbly petition His Ma­jesty, that he would be pleased to convey the same some other way, being it may be an occasion of interrupting our peace.

Reason 7.

Such a Petition were to promote the supplies of warre against the Parliament; and what matter is it which way provision goe, if it arrive where it is designed; ought we not rather to be in a posture of defence, to be able to surprize all such provisions, it appearing by many Declarations that the King, seduced by wicked Councell, makes warre against his Subjects.

Article 8.

It is agreed, that none shall bee arrested in this County as Delinquents to either party, but by a legall, peaceable, and quiet way, that is, by the legall Officers and their assistants only, and not by armed men and Souldiers, who may be an occasion to bring fire amongst us.

Reason 8.

But put the case, as now it is, that no power but an armed power can bring Delinquents to justice, what shall they be left alone, be­cause none but a legall power can doe it; like the Jew of Tewxbury, who because he could not be relieved according to his law, died in a Privie. I confesse a peacable and quiet proceeding in justice were very commendable, were it seasonable; and for ought I know an armed force is as legall now, as any course of justice: the Parliament have not only declared so, but our adversaries have heigthned and necessitated justice to take up armes.

Article 9.

9 It is agreed that a generall amity be made betwixt all the Gentry and others of this County, of all former unkindnesses, and differences that have beene bred by these unhappy distractions, and that we hereafter will be as [...]e man to defend one another, according to the Law, against all others, leaving all offences to be punished by the Law of the Land, and not by force and violence.

Reason 9.

The Earle of Cumberland was by Commission Generall of York­shire, and he hath more honour than to suffer without publike repa­ration made to him such a fault being in it selfe odious. But done within his government without his privity, a great diminution to his honour: And tis not yet known that the Captaine of the Troop is returned to him for punishment, without which indifferent men will not beleeve good faith to be meant. But suppose those forces re­turne againe, where is the power that shall as suddenly suppresse them as they shall suddenly offend, they being not to be brought to justice but by a power as armed as they: so as this County is neces­sarily engaged to keep forces stirring, else there can be no speedy repulse.

Article 10.

It is agreed that whosoever in this County, shall be made to appeare either to be the author, contriver or assister, to the burning of Sir Edward Rodes his house, or pillaging any other mans house in this County, we shall all see them (if they be able) to make reparation, and however to be brought to Iustice.

Reason 10.

That were to make the Delinquents, and those that have stood to their religion and liberty in one case; for oblivion of former un­kindnesses I commend their Christianity, if the quarrell were only their owne, but the differences are not personall, but in reference to the publike (and now who is my Brother? and what are my Brethren?) yet I have so much Logick as to tell how to love the Malignants, and attach them too; love them as Countrey men, and arrest them as De­linquents: [Page 7]as our English King that imprisoned his Brother, not as a Bishop, but as an Earle.

Article 11.

It is agreed, that it is intended by disbanding of the Armies, that His Majesty shall have all liberty for the removing of all such Canon and Mu­nition, as he hath in this County.

Reason 11.

This Article still advanceth the warre against the Parliament; for why should we agree that any ammunition should be sent to those forces: that are declared enemies to the state, why should not rather all ammunition be surprised, as the Parliament hath ordered; this is directly against their Orders and Declarations.

Article 12.

It is agreed, that all the Armes which doe belong to any of the trained Bands of this Gounty, which hath been taken from them since the 12. of this instant September by either party, shall be presently restored, and that Captaine Hotham shall leave behind him when he returnes into Hull, all those brasse Peeces belonging to His Majesty, which are now in Donca­ster, except such as he himselfe brought thither himselfe from Hull.

Reason 12.

This Article might be allowed, if all the trained Bands were of one constitution, but since there are many malignants, whose armes do better in the hands of others, it were very disadvantagious to our peace that the malignant party should be armed, and contrary to the proceedings of Parliament; It is no wisdom therefore to put swords again into our enemies hands.

Article 13.

It is agreed, that no further Forces shall during this difference betwixt King and Parliament, be either raised in, or paid by this County, for this warre, other then such as are already levied, and really raised, and all such also presently to goe out of this County, without rasing any more.

Reason 13

This is like the former, to prevent all surprisall of their owne per­sons, to keep the Countrey naked and unprepared for resistance, and if the raised forces passe to the King, we tacitly contribute to the strengthning of Delinquents, and advancing the warre against the Parliament.

Article 14.

It is agreed, that a humble Remonstrance, and Declaration of these our Resolutions we presently send, both to the King and Parliament, accompa­nied with an humble Petition from us all, that according as wee all have unanimously agreed for our particular peace, so they would be pleased so far to commiserate this distracted Kingdome, to doe the same for the generall peace of the whole.

Signed by the Committee for the Treaty.

• Heny Ballases.
• Sr. William Savill.
• Sr. Edward Osburne.
• Sr. Iohn Ramsden.
• Iohn Hopton.
• Francis Nevill.
• Sr. Thomas Fairfax.
• Sr. Thomas Malmerer.
• Sr. William Lister.
• William White.
• Thomas Stockdaile.

Reason 14.

I conceive though their Petition be never so humble, it is incon­sistent with your Articles for your particular peace you represent: Know the lawes of State, and Imperiall ceremonies better, and give not law to those from whom you ought to receive; and if their peace shall be like yours, which you desire it should be, they shall shake hand with the Delinquents upon even terms; and then what is left to defray the expence the Kingdom hath been put to by their practi­ces. To conclude, what peace is this you make, as if the Pilot would save his own Cabbin when the ship were sinking, as if you would ar­ticle the County into a naked unpreparednesse for any resistance and defence, and your selves into some security (the King being too farre off to supply) and article the Countrey against Sir Iohn Hotham, and against the Orders of Parliament, and by consequence of his trust, and in summe, under the notion of treaty and reconciliation, article the rest of the Gentry into your own Delinquency, and all into a mysterious conspiracy against King and Parliament.