66 "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. 66 To whatsoever they proposed for the slighting all fortifications, and reducing all garrisons, which I 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 estab"lishment but for the governors and commanders of them, he said, that the cinque ports were already in the custody of a noble person, against whom he knew no just exception, and who had "such a legal interest therein, that he could not, "with justice, remove him from it, until some suf"ficient cause were made appear to him: but he was very willing, if he should at any time be "found guilty of any thing that might make him unworthy of that trust, that he might be pro"ceeded 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 66 66 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 1643.] upon the first article of the treaty. 7 The just cause should be given for the same. "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." 66 46 68 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 nomi“nate 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 I 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 whatsoever ships should be set out by him, "or his authority, should be employed for the de"fence of the kingdom against all foreign forces I 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 endea"vours to suppress all forces which should be raised, by any person whatsoever, against the 66 66 66 66 "laws and statutes of the kingdom, and to seize all arms and ammunition provided for the supply of any such forces." 66 66 66 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. 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 it to both houses of parliament, that thereupon they might express their confidence in those persons, or humbly desire his majesty to name others, none of which persons to be removed during three 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 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 exception, to proceed against any "such persons according to law; his majesty be 66 66 66 1643.] upon the first article of the treaty. 66 9 "ing resolved not to protect them against the public justice. When any of the places should I 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 sub"jects desired to limit him in that right; and desired they would be satisfied with this answer, or I give him any reasons to alter his resolution, and he would comply with them." 66 66 66 66 They told him, there could be no good and firm peace hoped for, if there were not a cure "found out for the fears and jealousies; and they "knew none sure, but this which they had pro"posed." The king replied, "That he rather 66 expected reasons grounded upon law, to have Ishewed him, that by the law he had not that right he pretended, or that they had a right supe"rior to his, in what was now in question; or that they would have shewed him some legal reason, why the persons trusted by him were incapable of such a trust; than that they would only have "insisted upon fears and jealousies, of which as he knew no ground, so he must be ignorant of the cure. That the argument they used might extend "to the depriving him of, or at least sharing with him in, all his just regal power; since power, as well as forces, might be the object of fears and jealousies, and there would be always a power left to hurt, whilst there was any left to protect " and defend." He told them, "If he had as much inclination, as he had more right, to fears and 'jealousies, he might with more reason have in 66 66 "sisted upon an addition of power, as a security to enable him to keep his forts, when he "had them, since it appeared it was not so great, but that they had been able to take them from him, than they to make any difficulty to restore "them to him in the same case they were before. "But, he said, as he was himself content with, so, " he took God to witness, his greatest desire was, to observe always and maintain the law of the land; and expected the same from his subjects; and "believed the mutual observance of that rule, and neither of them to fear what the law feared not, "to be, on both parts, a better cure for that dan66 gerous disease of fears and jealousies, and a better means to establish a happy and perpetual peace, than for him to divest himself of those trusts, "which the law of the land had settled in the crown alone, to preserve the power and dignity of the prince, for the better protection of the subject, “and of the law, and to avoid those dangerous distractions, which the interest of any sharers “with him would have infallibly produced.' 66 66 66 66 66 The committee neither offered to answer his majesty's reasons, nor to oppose other reasons to weigh against them; but only said, "That 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 66 'his own, and had been contrary to law taken "from him, should be fully restored to him, with"out conditioning to impose any new limitations upon him, or his ministers, which were not for 66 66 66 |