REASONS why we should admit the King to a personall Treaty In PARLIAMENT, and not Treat by Commissioners.

Printed in the Yeere 1647.

Reasons why wee should admit the King to a Personall Treaty in Parliament, and not to treate by Commissioners.

FIrst, in respect of the Writt, wherby the Lords are summo­ned, the Knights, & Burgesses e­lected, & sent to Parliament, in which Writ the King declares, that by the advice of his Counsell for certaine difficult and argent affaires concerning himselfe, his Realme of England, and the English Church, hee hath appoynted to hold a Parliament at Westminster, 3. No­vember following, and there to have conference and trea­ty with his Barons, and therefore enjoynes every Baron upon his Allegiance to be Personally there to handle and give advice upon the said urgent affaires, &c. wherein consider the things to be handled and advised on. [Page 4]First, touching himselfe, the safety of his Person; then of the Kingdome, the peace and government: Lastly of the Church, the settlement of Religion, and [...] of the Clergy; surely these are inter ardua Regni, and for which he called the Palia­ment to have conference with his Barons about them, and to advice with them, and not to resolve without them: Let us remember that the King doth not passe any Bill touching the most triviall matter against his meanest Subject, before he hath had (if he desired it) personall conference and advice from his Barons, and shall wee in these matters, touching his owne Per­son, the peace and welfare of his whole Kingdome, the settlement of Religion and maintainance of Gods Mini­sters, shall wee in these difficult and urgent affaires, (not to use a worse word) presse him to consent to, and settle these weighty businesses (Rege inconsulto) with­out conference with his Parliament, only with a few Commissioners a way not consonant to the Writ, nor warranted by presidents.

The King may under his great Seale make Com­missioners to give in Parliament his consent to any Bill. But what Law gives the two Houses power to make Commissioners to take his Majesties consent out of Parliament, if none, then what can be the successe of Commissionary treaties, but burthensome and de­structive delayes?

By Law the King cannot be debarred in Parlia­ment the conference and advice of any one Baron, and shall wee in Parliament at once deny him the con­ference and advice of his whole Baronage, and that in matters of the highest nature? Let us remember [Page 5]that wee Knights and Burgesses are but representative persons. Atturnies for our severall Counties and Bur­rowes, and cannot exceede the power celegated to us by the persons represented, which by the writ and re­turne of our Election appeares to be to act and con­sent to such things as shall there (in Parlia­ment) happen to be ordained, &c. but gives us no po­wer to act or consent to things or dained or concluded by Commissioners at Uxbridge or elsewhere out of Parliament, wee must therefore with safety pursue our power according to the usage of former Parlia­ments for innovations, and new presidents, as this may be dangerous to us, hurtfull to our Posterity.

Secondly, let the King treate in Person, that wee may avoyd the scandall that otherwise will be thro­wen upon us out of our owne Votes. Petitions, Re­plications, Declarations, &c. as in our Vote 16. Mar. 1641. Resolved upon the Question, that those persons that advise the King to absent himselfe from his Par­liament are enemies to the peace of the Kingdome, and Causers of the Rebellion in Ireland; for surely it those that advise his absence from Parlia­ment be enemies to the peace of the Kingdome, they that force his absence from Parliament, when his Majesty offers, and hath so often desired to come to his Parliament, are (in a higher degree) enemies to the peace of the Kingdome, especially when his pre­sence in Parliament, might as is hoped, give an end to our taxes, loanes, billettings, &c.

Next in our Petition of the 16 of July. 1642. We beseech his Majesty to draw neerer to his Parliament: His Majesty in his answere offers to come to his Par­liament to any place but Westminster, where, in re­spect [Page 6]of the Tumults (and those unpunished) his Per­son could not be safe, which was the cause his Maje­sty departed thence.

In our Replication, 26 of Jul. 1642 to that answer we continue our desires, To have his Majesty come to his Parliament to the usuall place (Westminster) as the place of safety for his Royall Person, considering the assurance the Parliament hath of the Loyalty and Fi­dellity of the City of London to his Majesty, and the care the Parliament will have to prevent dangers, his Majesty may justly apprehend, besides the mani­fold conveniencies to be had there beyond other parts of the Kingdome: Now when his Majesty offers to come as wee desired to the usuall place, as the place of safety for his Royall Person (lately endangered) to the place where the Parliament (because nigh) may the better prevent al dangers apprehended by his Majesty, to the place where manyfold conveniencies are to be had beyond other Parts of the Kingdome.

Wee will not admit him to come to his Parlia­ment, but will treate with him by Commissioners, a new way, at a place not usuall (it may be) not safe for His Royall Person, perhaps at a place where the Parliament cannot (in respect of the distance) prevent the dangers justly apprehended by his Majesty, and at a place short of the manyfold conveniencies to be had at Westminster: and will not all the world then beleeve that our ends and intents are other then our Petitions and Declarations pretend?

Let the King treate in Person even to avoyde the mischiefe threatened by Commissionary treaties, which (by miserable experience) are branded as in­succesfull and tedious, and thereby continuing the Army unpayd, increasing our taxes, lones, and in­supportable payments, expelling trade and commerce both for the importing forraine, and exporting home Commodities, decaying our shipping the strength of our Nation, inviting the attendants of Civill Warre, Dearth and Famine, to perfect the ruine of our made miserable Nation: for while the Houses are instructing their Commissioners, their Commissioners certify­ing the Houses, the Houses in a personall treaty might have concluded with the King, payd and disbanded the Army, eased our taxes, freed us of billetting Sol­diers, and so meete in Diameter what wee seeme to hunt in circumference.

Lastly, it is considerable that all treaties, all conces­sions and grants made by the King while at distance from the Parliament, and under a kinde of restraint (being tyed to consent, and signe Bills before admit­ted to come to Parliament) are in themselves voyd and null in Law, as Acts obtained by force and du­rance, and then the Subject relying on such Acts for oblivion, &c. may be hanged with his pardon a­bout his necke, for the sworne Judge must judge ac­cording to Law, not the intents of the King and Houses. But all Acts, Grants, and Concessions made by the King in open and free Parliament without any [Page 8]conditions or respects of former treaties are in them­selves most honourable, most just, and most firme, most valide in Law and conscience, which will be had by a Personall Treaty, and doubtlesse render a wished safety to the Subject, a blessed and lasting peace to the Kingdome, which God in his mercy send us.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.