THE PARLIAMENTS Proceedings justified, in Declining A Personall Treaty WITH THE KING, Notwithstanding the ADVICE OF THE SCOTISH COMMISSIONERS to that purpose.

By HENRY MARTEN Esquire, a Mem­ber of the Commons House.

LONDON, Printed for John Sweeting at the Angel in Popes­head Alley, 1648.

The Parliaments proceedings Justi­fied in Declining a Personal trea­ty with the King.
To the English Readers.

Dear fellow Citizens,

MY late endeavours of this kind were be­stowed upon a few Strangers, in telling them that the waters were yours, and not theirs, wherein they went about to fish: my present desire (from a double engage­ment I finde upon me, one of my own making, the other made when I was born) is to shew you, that you are the fish they went about to catch. First in a net which they spread for the whole shoal of you, where you were represented; being disappointed there, they go to it now with paper Angles, laying for you (man-meal) what you may be most apt to bite at, according to your severall pallats, as they are probably set, some to the Court-way, some to the Presbyterian, or, as they are disgusted, some with your Honorable drudges, and others with your gallant champions.

These new Peter-men (more dangerous to you in point of profit, as wel as in point of honour, then those that fetch your Herring from off your coasts) are the Scotish Commissioners: and these four con­siderations which I have enumerated, are the corner [Page 4]stones whereon they build their confidence of per­swading some of you, that five persons trusted by another Kingdom for quite another purpose, should settle your peace, should mannage your affaires of Church and State, with more advantage to you, then that numerous Body that was entrusted by you, hath adventured for you, & must partake with you of all the good or ill their councell shall pro­duce. But since it is possible for a stander by to see more then a Player, and since we might per­haps hope to find as much faithfulness in Forreiners as we have done treachery in many of our own country-men, let us consider in this advice offered unto and rejected by the Parliament, not from what hand it comes, but upon what foot it stands.

The particulars insisted on, are these.

First, before the primum quaerite, and with more earnestness then the unum necessarium,) That there be a treaty upon all the Propositions, and that a personal one; & that for that end, the King be invited to come to London, with honor, freedom, & safety, as the most equal, fairest, and just way to obtain a well grounded Peace.

The most equal. How like Umpires they speak? not like Councellers; or as if they had entered in­to a Covenant with the King, as well as with us, whereas I thought it had been their part to have managed the Agreement with the common enemy, to the most advantage of their confederates, and not as persons indifferent, whether the Hounds catch the Hare, or the Hare deceive the Hounds: I have not skil enough to distinguish such Ambo­dexters from detestable Neuters.

Secondly, The fairest! What is that? the smoothest, easiest way, why every fool can tell you, that the easiest way to Peace, is by leting your ene­my do what he list; and so they would have it on this side Tweed: and so they would say, but for shame. Therefore the fairest way of couzening you, is not by surrendering up your Liberties all at once, but by suffring you to be formally disputed out of every one of them, and by drawing on your shackles link by link.

Thirdly, Peace is then in a just way, when the disturbers thereof are so suppressed, as the disturb­ed cannot, or need not fear a new disturbance from them.

—Neque enim ad Pacem via rectior ulla est,
Quam belli Authores, Marte Perire suo.

Where they say the King should be invited to London, they mean admited, for He hath invited Himself. But why to London? His houses (as He calls them) sit at Westminster, White-Hall is in Middlesex, unless they can confide more in Colo­nel Titchbourn, then in Colonel Hammond.

Then he is to be received with honor, freedom, and safety. What honor He is capable of, that shall come with a Pass like an enemy, where he might have staid with the dignity of a King. I know not; but I beleeve if ever the Parliamenr did Him any wrong, it was with giving Him, after the deserti­on of His Trust, the same respect which is usually rendered unto the Kingly Office, when duly ad­ministred.

As for safety, the Parliament should not do it Self honor, if whosoever they please to send for, upon a Treaty, might not come and go with all the safety in the world.

As for freedom, though I confess, the considera­tion of restraint doth very much invalidate the credit of a grant made by a person restrained; yet since a Prisoner may be as voluntary an Agent in many things as an other; and since Liberty it self, is as valuable to Him, as any thing that can be re­ceived from Him; especially, considering the dan­ger of His being loose, I see no reason why we should so easily give Him His freedom, who hath made us pay so dear for ours. But now come their Reasons.

Argu. I. The sending of Propositions without a Treaty hath bin often without success, and the new Pro­positions are less to the advantage of the Crown, then the former; and so no reason to expect better satisfacti­on, then formerly we had.

Ans. This is a two-edged Argument, and there­fore if it should be beaten down to the Fencers pate, he might be hurt with either side of his own wea­pon; for do they not confess, that if the new Pro­positions were as much or more advantagious to the Crown, then the former, a treaty might be di­spenced withal, and yet better satisfaction ex­pected then formerly we had?

Again, Doth it not intimate, that if we admit Him to a Treaty, He needs not greatly care what out Propositions be?

There is a little mistake too in matter of fact; for [Page 7]Propositions have been sent as well with a Treaty as without, and still returned with the same suc­cess, unless by Treaty they mean a Personal one; and that indeed we have not yet been so inconsider­ate, as to venter upon. Therefore say these Coun­celors, do it now, which Reason stands good to justi­fie what we, in the Votes of January, lately resolved, far otherwise then they advised us. Thus, addresses, and applications to the King, by Propositions with treaty, and without, when He was in a considerable condition for strength, and when he was not, have been often assayed without success; therefore we will make no more addresses nor applications unto Him.

Arg. 2. The Kings removal from His Parliament, is acknowledged by the Houses in several Declarations, to be the chief cause of all the war, mischief, and cala­mities of the Kingdoms, then His Majesties presence with his Parliament, must be the best, if not the onely remedy, to remove our troubles.

Answ. In their first Argument, they mentioned Treaty and left out Personal; so in this they speak for a personal presence, not caring whether there be a Treaty, or no; so they can bring Him in upon us. But weigh their Reason: First, they quote our own Declarations in such places, as themselves do not beleeve the truth of. For I would ask them, if His absence from the Parliament of England be so per­nicious here, why is not His absence from the Par­liament of Scotland as formidable to that King­dom? Why do they not imploy all this earnestness [Page 8]in procuring to themselves the blessing of His com­pany?

Then (allowing it true against us, who affirmed it,) the consequence thereof will hang thus; My groom being drunk, and falling asleep with a candle by him, hath set my stable on fire, and burnt it down to the ground; therefore his awaking and coming to himself will set it up again. Because Agag by drawing his sword, had made many wo­men childeless, it seemed to be Sauls opinion. That the putting up his sword again would restore the children to their mothers: But the ways of God were more equal in that case, where by the way you shall observe two remarkable Acts of retaliating justice; One of the Kings had his thirst after mans blood quenched with his own; and the other, for thinking that Laws did not extend to the punishing of Kings, was himself punished with being un­kinged.

Argu. 3. In a Personal Treaty the Commissioners of both Kingdoms may give Reasons for the Equity and Expediency of our desires, but without a Treaty or giving Reasons for asserting the lawfulness and expe­diency of the Propositions to be presented, they may be esteemed Impositions.

Answ. Here they would make you beleeve, that if there were a Treaty, they would joyn with your Commissioners in pleading your Cause against the King; and all the while they are telling you so, do joyn with Him in pleading for a Personal treaty against your Commissioners in Parliament. [Page 9]But admit they would be true to their trust, and would remember on which side they were first re­tained; What kinde of Reasons be they, that ene­mies use to shew one another in their treaties? One party saith, such and such things we will have, or the war shall go on; and the other, such and such things you shall accept, or do your worst; and if there happen any communication besides of it is concerning the advantages or disadvantages, stand­ing out, the probability or desperateness of relief; but our shewing the King how expedient the things we ask him, would be for us is a sure way to be de­nied; how expedient for Him, as sure a way to be laughed at.

Our Propositions might indeed be more proper­ly termed of Grace then Peace, because we give Him therein the honor of granting what we are a­ble to give our selves without Him: Propositions though, and not Impositions, because we leave it in His power to deprive Himself of that Honor, without forcing Him to take His Office up again; and yet I beleeve, if the chance of War had turn­ed the Dy on his side, as it did on ours, we should have had Impositions from Him upon Impositi­ons, and of another kinde of nature; and so should our dear Brethren too in their turn, and that for having made themselves our Brethren; I mean the generality of the Nation: the Negotiators per­haps, and Treators of both Kingdoms might have saved their own stakes well enough▪

Argu. 4. The King may have some just desires to [Page 10]move for the Crown, and for Himself, as that He may have His Revenue, and that He may be restored to His Royal Government, which may be done with great­er honor and satisfaction unto Him by a Treaty then otherwise.

Answ. As for the Kings being restored to the Crown, as well officio, as beneficio; I thought every body had understood that the Propositions, being signed on His part, that was the onely thing to have been performed on ours. In respect whereunto the things we sent, might well be esteemed Suppositi­ons; and if the greatest Honor and Satisfaction of the conquered, must be aymed at by the Conquer­ors; I dare say, both these Considerations would better be complied with, by submiting wholly to Him, then by treating at all with Him.

Arg. 5. A personal Treaty with the King, is the best way to beget a mutuall confidence between him and his Parliament; it is the best way to cleer His doubts, and to remove all difficulties; and it is the absolute best way to give and receive mutual satisfaction.

Answ. Do you mark how they talk still of mutu­allity? Of equal giving and receiving? As if the Parliament and their Prisoner were upon a Level.

Besides, no treaty can indeed be altogether equal betwixt the King, and the peoples Parliament, for he deals but for himself, and perhaps for some of his own Family or Posterity; they for two whole Na­tions. Again, the matters to be Treated on, concern him in the extent, or the Retrenchment of his pow­er to do hurt: They concern us in our wel being, if not in our being. Hic pradam petit, not salutem. And [Page 11]therefore if the Parliament should not make the best use in your behalf, of those advantages which God hath put into their hands, they were not only indiscreet for themselves, but unfaithfull towards you.

It is true, that the enterview of friends doth use to strengthen friendship, but the meeting of enemies is a new way to Reconciliation. A confidence, I con­fess, it would argue, though not in him, of us, (for God Almighty, not he, hath trusted him with us already) yet in us of him, but such a one as would be less for our credit then a diffidence, un­less we could see some change wrought in the affe­ctions of him, or of his party.

Arg. 6. We cannot expect that his Majesty wil grant in terminis, whatsoever Propositions shall be sent unto him, nor can every thing in the Propositions be of that Importance, as that the not granting of it ought to hin­der the peace, neither wil the Houses of Parliament, give ful power to thir Commissioners, to make alterations in the Propositions, as they shall see cause upon debate; wherefore a personall Treaty with his Majesty in Lon­don, is the most probable and expedient way to remove or reconcile all differences.

Answ. Wee had Reason to expect without any plenipotentiary authority delegated unto Commis­sioners, as is used in cases of a doubtfull war; That the King should have granted in terminis, whatsoe­ver Propositions the Parliament thought fit to send him, especially being to be made up into Laws, whether he consider us as a free people, and there­fore [Page 12]fit to give our selves the Law, or as his victors, and therefore fit to give it him.

If some few things in the Propositions were of less Importance then the rest; could any man have Imagined, that rather then he would grant them, he should hinder his own Inlargement, and his Recep­tion into so fine an office?

The words [at London] seem to be foisted in by the Printer, for they have no more dependance upon a­ny one syllable in the half dozen of Reasons then Warwick-Castle hath.

The way to remove or reconcile al differences be­twixt the King & us, had been worth the shewing be­fore the war began, that it might have bin prevented. But for the Parliament (when after so long & serious consideration, they had Resolved upon what tearms they would re-admit the King to the Excercise of his function, had addressed themselves 6 or 7 times unto him, had reduced their desires into 4 particu­lars, whereof one was necessary to our safety, some others not to be abated for honors sake, and put them into the form of Bils. Whereby, if he had passed them, he had been owned for King again, though he should have denyed all the rest) to be perswaded to let go their hold, to turn all loose again, and go to it a now with Syllogisms, whether we shal be free­men or slaves, to hazard a gained cause upon a treaty; I say not a personal one, but a Treaty upon all the propositions, is a thing which I think the King (though he doth desire and press it) cannot be so weak as to flatter himself with the hope of ever bringing it about.

Obj. His presence may breed division and continue our troubles, and when his Majesty desired to come hi­ther from Oxford with freedome and safety, it was thought unfit, and denyed by the Houses, and the Com­missioners from Scotland. Look ye (Countrey­men) the Scottish Commissioners are on our side once again, and dispute against the King, but how long it will last? you shall see.

Sol. That argument now hath no force at all, for the case of affairs, the Kings condition and ours, (which were given for reasons in that answer to his Maje­sty) are quite altered from what they were then. Then the King had armies in the field, he had garisons and strong holds to return to. Now he hath none of these. And his Majesty offers a full security against all hostility or danger that can be expected, by granting to the Houses the power of the Militia by sea and land, during his reign.

Rep. First, A man might tell them, that sure the King hath still as many Armies in the field, as we have Garrisons as many, and strong holds, or else his gran­ting or not granting our Propositions for peace, could not be so considerable to us, as they wou'd make it.

Secondly, what ever they think, Sir Thomas Fair­fax knows he hath indeed no open force at all, and yet the objection hath force enough, for the Parlia­ment knowes that there is need of keeping of Sir Thomis Fairfax and the army under his command, or else they would not put the Kingdome to the charge of sixtie thousand pounds per moneth; they are not ignorant, that besides their first enemyes [Page 14](who are rather kept under then brought in) there is a daily swarme of discontented persons in all parts, some from the unquietnesse of their own dispo­sition, some for want of employment, some for want of what they earned when they were employed, others for pure want, some from unsatisfaction in point of Church-government, and not a few from a weari­nesse of expecting the issue of our Parliaments lon­ganimity towards the common enemy, and whether it be their purpose rather to continue us for ever in our distractions, then to settle the Common­wealth without him, who first diserted it, and is to this day set in his heart, upon being either an abso­lute Tyrant over us, or no King; I leave you now to reckon how strong the presumption is, that when such a paire of bellowes shall come to blow the ashes from off the coales, that were (as I told you,) raked up but not put out, when such a brand shall be brought into the midst of a house full of bituminous matter in every corner thereof, we may assure our selves to find our divisions heightned, and our trou­bles renewed.

But they tell you (so grossely, as if they did not mean to cozen you,) you may be fully secured a­gainst all the dangers of his comming into the thick­est of you, by the offer he makes us of treating after he shall be with us concerning the power of our Mi­litia, for he declares himselfe plainly, that no one particular desired by us, shall be understood to be so granted by him, as not to be null and void, in case the whole be not agreed betwixt us, from whence you may gather, that either we must not be [Page 15]safe at all, or else we must be content with that sha­dow of safety that is to determine, (at the latest) with his breath in stead of all other things which the Parliament can propose for the present Peace, or for the future weal of England or of Ireland; and indeed some of his freinds with whom I have occasion to converse, will by way of discourse ask me what a Devil We would have besides the strength of the kingdome by Sea and Land? let him have that but for a month, and he shall ask nothing else. I answer them almost in their kinde: the prince of the aire (whom they mention so often) seemes more reasonable in his demands then our heavenly Father, for where God requires the whole heart, he will accept a little peece whereby he craves in effect no lesse then all, since he is sure God will have no partnership with him. When a Serpent would obtaine an entrance, he needs not capitu­late save for his head, it is not so with other creatures. The power of the Sword is to a Monarch of abso­lute necessity for the maintenance of his tyranni­call government, and that power had need to be alwayes actuated; the same in the hands of a Par­liament (or the representatives of a free Nation) is not so much the power of the Sword as of the Buckler, and will not be exercised at all, but in cases of Rebellion or Invasion; if all the quarrell be­twixt the Parliament and the King were (as is preached in some Pamphlets and libelled in some Ser­mons) which of them should domineer over the peo­ple, the forenamed offer might perhaps serve their turne; and yet I should advise them to consider [Page 16]that if the temptations of the Court, either by Su­gar-plums, or by bug-bears, have beene able (as by sad & frequent experience appeares) to deboche so many of the peoples deputies in this very Parli­ament, as (if they were altogether in the Commons. House againe, and could but perswade most of those Moderate Members to joyne with them whose e­states during the late warre have lyen in Round­headed quarters) might carry what Vote they pleased without much opposition, though for the making a Forrest of all England, and a God of Nim­rod. I should advise them (I say) to consider that the like inference may in short time work upon the Members of the Army, and then the Heyfer in­deed is Ours, that is, of our breed, and for us to keep; but her service will be his to plough his ground for him, and bring him home that croppe, which all his Bazan-Buls, and nobly descended horses have beene foyled in.

7. Argument

Arg. 7. Which the Commissioners call a far­ther Answer to their owne Objection, is indeed a seventh Reason newly thought on, and borrow­ed our of the Parliaments Reply to the Kings Message of the 11. of Sept. 42. [All this notwithstand­ing as we never gave your Majesty any just cause of with drawing your self from your great counsell, so it hath e­ver been and shall be far from us, to give any impedi­ment to your Return, or to neglect any proper means of curing the distempers of the Kingdomes, and closing the [Page 17]dangerous breaches betwixt your Majestie and your Par­liament, according to the great trust which lies upon us, and if your Majestie shall now be pleased to come back to your Parliament without your forces, we shall be ready to secure your Royall Crown and dignity with our lives and fortunes, your presence in this great counsell being the only meanes of any Treaty, betwixt your Majesty and them with hope of successe.

Answer.

An. All this cannot relate to all that which hath beene done since September 42. he that saith if you shall now be pleased, doth not tell you at what time soever you shal be pleased; he that offers you fair termes if you come without your forces, would be thought to imagin you have forces to come with.

One while the Reasons of our former Delarat. go for nothing, because the Kings, condition and Ours are quite altered from what they were then; another while, and that within foure or five lines we must be held to our old refused offers, notwithstanding any alteration of affaires.

8. Argument.

8. Arg. If they were esteemed enemies to the Par­liament and the peace of the kingdome who advised the King to withdraw from his Parliament? what estimation will the world have of them (scil. the Par­liament) who after such a Declaration will not suf­fer [Page 18]him to returne to his Parliament, when he offers to cast himselfe into their armes?

Answer.

Ans. This whole Island (I meane the highest authority therein) did justly esteem them enemies to the Parliament and the Peace of the kingdomes that advised the King to withdraw from the Par­liament? but since he hath followed that advice, hath fought against them, hath despised all o­vertures of reconciliation with them, the know­ing part of the world will esteeme them no lesse e­nemies that shall for base and sinister ends advise the Parliament to receive him, and shall injuri­ously asperse the Parliament for declining that ad­vice, especially considering how falsely it is affirmed that he cast himselfe into Our armes: The fact standing thus; when Our armes had made his Head-quarters too hot for him, he cast himselfe in­to the Scottish Army, and they (like men of ho­nour,) understanding by how they were entertain­ed, delivered, up into Our hands all the strengths and priosoners (among whom he was one) that had come to theirs in England.

9. Argument.

Arg. 9. If so kinde an offer shall be refused, and the King driven to dispaire, it is to be feared, these Kingdomes shall be involved into greater difficulties then ever.

Answer.

I will admit for once that the King hath yet some good thing to offer, and some goodnesse of will to offer it unto the Parliament. Do they not deale hardly with Us who will not suffer us to re­fuse a kindnesse, to say no we thank him, without beckning him into dispaire, and threatning Us with an involution of such difficulties as never were, nor (as is to be hoped) will be? And therefore I do hold that as Pharaoh was then most kinde to the Israelites when he slighted all their poore addresses, so the Lord was then their compleate deliverer when he shut out all communication with their oppressors, by drawing off a Sea betwixt them.

FINIS.

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