2 Demands on both sides upon [VII. 4. 1643 and forts to continue in the same condition they were in before; and that those garrisons should not be renewed, or the fortifications repaired, without consent of his majesty and both Houses of Parliament. That the towns and forts which were within the jurisdiction of the Cinque Ports should be delivered into the hands of such a noble person as the King should appoint to be Warden of the Cinque Ports, being such a one as they should confide in. That Portsmouth should be reduced to the number of the garrison as was at that time when the Lords and Commons undertook the custody of it; and that all other forts, castles, and towns, in which garrisons had been kept, and had been since the beginning of these troubles taken into their care and custody, should be reduced to the same establishments they had in the year 1636, and should be so continued; and that all those towns, forts, and castles should be delivered up into the hands of such persons of quality and trust, to be likewise nominated by his majesty, as the two Houses should confide in. That the Warden of the Cinque Ports, and all governors and commanders of towns, castles, and forts, should keep the same towns, castles, and forts, respectively, for the service of his majesty and the safety of the kingdom; and that they should not admit into them any foreign forces, or any other forces raised without his majesty's authority and consent of the two Houses of Parliament; and they should use their utmost endeavours to suppress all forces whatsoever raised without such authority and consent; and they should seize all arms and ammunition provided for any such forces. 5. They likewise proposed to the King, that he would remove the garrison out of Newcastle, and all other towns, castles, and forts, where any garrisons had been placed by him since these troubles; and that the fortifications might be likewise slighted, and the towns and forts left in such state as they were in the year 1636; and that all other towns and castles in his hands, wherein there had been formerly garrisons, might be committed to such persons nominated by him as the Houses should confide in, and under such instructions as were formerly mentioned; and that the new garrisons should not be renewed, or the fortifications repaired, without the consent of the King and both Houses of Parliament. That the ships should be delivered into the charge of such a noble person as the King should nominate to be Lord High Admiral of England and the two Houses confide in; who should receive that office by letters patents, quam diu se bene gesserit, and should have power to nominate and appoint all subordinate commanders and officers, and have all other powers appertaining to the office of High Admiral; which ships he should employ for the defence of the kingdom against all foreign forces whatsoever, and for the safeguard of merchants, securing of trade, and the guarding of Ireland, and the intercepting of all supplies to be carried to the rebels; and should use his utmost endeavour to suppress all forces which should be raised by any person without his majesty's authority and consent of the Lords and Commons in Parliament, and should seize all arms and ammunition provided for supply of any such forces.' 6. To this answer, by which they required at least to go whole March 26. sharers with him in his sovereignty, the King replied, that VII. 7.] the first articles of the treaty. 3 'He knew not what proportion of his revenue had been made use of by 1643 his two Houses, but he had reason to believe, if much of it had not been used, very much remained still in their hands; his whole revenue being so stopped and seized on by the order of one or both Houses, even to the taking away of his money out of his Exchequer and Mint, and bonds (forced from his cofferer's clerk) for the provisions of his household, that very little had come to his use for his own support; but he would be well contented to allow whatsoever had been employed in the maintenance of his children, and to receive the arrears due to himself, and to be sure of his own for the future. He was likewise willing to restore all monies taken for his use, by any authority for1 him, upon any bills assigned to other purposes, being assured he had received very little or nothing that way: and he expected likewise, that satisfaction should be made by them for all those several vast sums received, and diverted to other purposes, which ought to have been paid by the Act of Pacification to his subjects of Scotland, or employed for the discharge of the debts of the kingdom, or, by other Acts of Parliament, for the relief of his poor Protestant subjects in Ireland. For what concerned his magazines, he was content that all the arms and ammunition taken out of his magazines, which did remain in the hands of both Houses, or of persons employed by them, should be, as soon as the treaty was concluded, delivered into the Tower of London 2; and that whatsoever should be wanting of the proportions taken by them should be supplied by them, with all convenient speed, in kind; which,' he said, 'should be committed to, and continued in, the custody of the sworn officers to whose places the same belonged: and if any of those officers had already forfeited, or hereafter should forfeit, that trust by any misdemeanours, his majesty would by no means defend them from the justice of the law. That he always intended to restore such arms and ammunition which he had been compelled to take from any persons and places when his own had been taken from him, and would make them recompense as soon as his own stores were restored to him.' 7. To whatsoever they proposed for the slighting all fortifi- March 28. cations, and reducing all garrisons, which had been made since the beginning of the troubles, and leaving them in the state they were before, the King fully and absolutely consented; and that the old castles and garrisons should be reduced to their ancient proportion and establishment: but for the governors and commanders of them, he said, that 'The Cinque Ports were already in the custody of a noble person3 against whom he knew no just exceptions, and who had such a legal interest therein that he could not with justice remove him from it until some sufficient cause were made appear to him: but he was very willing, if he ['from,' Lords' Journals, V. 688.] 1 2 ['into such of his stores as his majesty shall appoint,' ib. 689. The Tower was specified in a subsequent message of March 29.] 3 [The duke of Richmond.] 4 Demands on both sides upon [VII. 7. 1643 should at any time be found guilty of any thing that might make him unworthy of that trust, that he might be proceeded against according to the rules of justice. That the government of the town of Portsmouth, and all other forts, castles, and towns, as were formerly kept by garrisons, should be put into the hands of such persons against whom no just exceptions could be made; all of them being before these troubles by letters patents granted to several persons against any of whom he knew not any exceptions, who should be removed if just cause should be given for the same. The Warden of the Cinque Ports, and all other governors and commanders of the towns and castles, should keep their charges as by the law they ought to do, and for the King's service and safety of the kingdom; and they should not admit into any of them foreign forces, or other forces raised and brought into them contrary to the law, but should use their utmost endeavours to suppress such forces, and should seize all arms and ammunition which by the laws and statutes of the kingdom they ought to seize.' March 28. March 29. 8. To that part which concerned the ships, the King told them, that 'He expected his own ships should be delivered to him, as by the law they ought to be; and that when he should think fit to nominate a Lord High Admiral of England, it should be such a person against whom no just exception could be made; and if any should be, he would always leave him to his due trial and examination; and he would grant his office to him by such letters patents as had been used. In the mean time he would govern the Admiralty by commission, as had been in all times accustomed; and whatever ships should be set out by him, or his authority, should be employed for the defence of the kingdom against all foreign forces whatsoever, for the safeguard of merchants, securing of trade, guarding of Ireland, and the intercepting of all supplies to be carried to the rebels; and they should use their utmost endeavours to suppress all forces which should be raised. by any person whatsoever, against the laws and statutes of the kingdom, and to seize all arms and ammunition provided for the supply of any such forces.' 9. It is evident to all men where the difference now lay between them, being, whether the King would reserve the disposal of those offices and places of trust to himself which all kings had enjoyed, and was indeed a part of his regality, or whether he would be content with such a nomination, as, being to pass and depend upon their approbation, no man should ever be admitted to them who was nominated by him. 10. The committee, upon his answer, desired to know, 'if he did intend that both Houses should express their confidence of the persons to whose trust those places were to be committed; for that they were directed by their instructions, that, if his majesty was pleased to assent thereunto, and to nominate persons of quality to receive the charge of them, that they should certify both Houses of Parliament, that thereupon they might express their confidence in those persons, or humbly desire his VII. 11.] the first articles of the treaty. 5 majesty to name others; none of which persons to be removed during three 1643 years next ensuing, without just cause to be approved by both Houses; and if any should be so removed, or die within that space, the persons to be put in their places to be such as the two Houses should confide in.' The King answered, that April 5. 'He did not intend that the Houses should express their confidence of the persons to whose trusts those places should be committed, but only that they should have liberty upon any just exceptions to proceed against any such persons according to law; his majesty being resolved not to protect them against the public justice. When any of the places should be void, he well knew the nomination and free election of those who should succeed to be a right belonging to, and inherent in, his majesty; and having been enjoyed by all his royal progenitors, he could not believe his well affected subjects desired to limit him in that right;' and desired they would be April 14. satisfied with this answer, or give him any reasons to alter his resolution, and he would comply with them. 11. They told him, April 14. "There could be no good and firm peace hoped for if there were not a cure found out for their fears and jealousies; and they knew none sure but this which they had proposed.' The King replied, April 15. 'That he rather expected reasons grounded upon law, to have shewed 1643 6 Demands on both sides upon [VII. 12. 12. The committee neither offered to answer his majesty's reasons, or to oppose other reasons to weigh against them, but April 10. only said that April 5. 'They were commanded by their instructions to insist upon the desires of both Houses formerly expressed.' To which the King made no other answer than that 'He conceived it all the justice in the world for him to insist that what was by law his own, and had been contrary to law taken from him, should be fully restored to him, without conditioning to impose any new limitation[s] upon him or his ministers which were not formerly required from them by the law; and he thought it most unreasonable to be pressed to diminish his own just rights himself because others had violated and usurped them. This was the sum of what passed in the treaty upon that proposition. 13. To the first proposition of the two Houses, That his majesty would be pleased to disband his armies, as they likewise would be ready to disband all their forces which they had raised, and that he would be pleased to return to his Parliament;' March 28. the King answered, March 29. That he was as ready and willing that all armies should be disbanded as any person whatsoever; and conceived the best way to it would be a happy and a speedy conclusion of the present treaty, which, if both Houses would contribute as much as he would do to it, would be suddenly effected. And as he desired nothing more than to be with his two Houses, so he would repair thither as soon as he could possibly do it with his honour and safety.' 14. The committee asked him 'If by a happy and speedy conclusion of the present treaty he intended a conclusion upon the two first propositions, or a conclusion of the treaty in all the propositions of both parts?' The King, who well knew it would be very ungracious to deny the disbanding the armies till all the propositions were April 5. agreed, some whereof would require much time, answered, "That he intended such a conclusion of or in the treaty, as there might be a clear evidence to himself and his subjects of a future peace, and no ground left for the continuance or growth of those bloody dissensions; which, he doubted not, might be obtained, if both Houses would consent that the treaty should proceed without farther interruption, or limitation of days.' April 6. They asked him, 'What he intended should be a clear evidence to him and his good subjects of a future peace, and no ground left for the continuance and growth of those bloody dissensions?" |