66 VII. 1643. "made appear to him: but he was very willing, if BOOK "he 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 pa"tents 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 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 "same. 66 safety of the kingdom; and they should not admit "into any of them foreign forces, or other forces " raised, or f 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 66 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 66 66 f or] and VII. 1643. 66 BOOK" 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 defence of the kingdom against all foreign forces whatsoever, for the safe 66 -66 66 guard 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." 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 majesty's 8 answer, desired to know, "whether 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 as"sent thereunto, and to nominate persons of quality "to receive the charge of them, that they should "certify it to both houses of parliament, that thereh whether] if his majesty's] his 66 66 VII. upon they might express their confidence in those BOOK persons, or humbly desire his majesty to name "others, none of which persons to be removed 1643. 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 66 66 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 per"sons 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 satisfied "with this answer, or give him any reasons to alter "his resolution, and he would comply with them.” 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 proposed." The king replied, "That he rather expected reasons grounded upon law, to have shewed him, by the "law, that he had not that right he pretended, or "that they had a right superior to his, in what was 66 i by the law, that] that by the law BOOK "now in question; or that they would have shewed VII. "him some legal reason, why the persons trusted by him were incapable of such a trust; than that 1643. 66 66 66 66 66 66 66 66 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 insisted 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 be"lieved the mutual observance of that rule, and nei"ther 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 66 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 BOOK infallibly produced." 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 com"manded 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 im 66 pose any new limitations upon him, or his mi"nisters, which were not formerly required from "them by the law; and he thought it most unrea"sonable, 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. 66 To the first proposition of the two houses, "That "his majesty would be pleased to disband his armies, 66 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;" 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 con"tribute 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." 66 VII. 1.643. |