1643.] upon the first article of the treaty.

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“just cause should be given for the same. "warden of the cinque ports, and all other gover66 nors and commanders of the towns and castles, should keep their charges, as by the law they I 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 en"deavours to suppress such forces, and should "seize all arms and ammunition, which, by the laws and statutes of the kingdom, they ought to seize."

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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 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 '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

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“laws and statutes of the kingdom, and to seize all arms and ammunition provided for the supply of any such forces."

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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,

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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

1643.] upon the first article of the treaty.

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ing 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 satisfied with this answer, or give him any reasons to alter his resolution, and 'he would comply with them."

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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 expected reasons grounded upon law, to have shewed 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 66 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

"sisted upon an addition of power, as a secu

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rity 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 dangerous 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."

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 ex"pressed." 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, with"out conditioning to impose any new limitations upon him, or his ministers, which were not for

1643.] upon the first article of the treaty.

merly 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.

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 dis“ band all their forces, which they had raised, and "that he would be pleased to return to his parliament;" the king answered, "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 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."

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The committee asked him, " if by a happy and 'speedy conclusion of the present treaty, he intended a conclusion upon the two first proposi

tions, or a conclusion of the treaty in all the pro"positions of both parts." The king, who well knew it would be very ungracious to deny the disbanding of the armies, till all the propositions were 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