A short, sure, and conscientious EXPEDIENT FOR Agreement & Peace. TENDERED To the two Houses of PARLIAMENT: WITH An Appeal to the Assembly of Divines; AND An Application to the People, and the Ministry of the KINGDOM. July Written by D. J. NUMB. 30.2. If a man vow a vow unto the Lord, or swear an oath, to bind his soul with a bond, he shall not break his word, he shall do according to all that proceedeth out of his mouth. Printed for I. G. 1648. A short, sure, and conscientious Expedient for Agreement and Peace. THe King and the two Houses of Parliament declaring mutually, that they took up Arms for the same reasons, intents, and purposes, 'tis a wonder how at first they fell out, and a greater wonder that hitherto they are not reconciled. The Declarations of the two Houses of Parliament. They have the precedency, because they were first in Arms. The Declarations of the two Houses of Parliament. In the conclusion of their Declaration of 26. May, 1642. apprehending very justly, that their expressions there would beget at least a great suspicion of their Loyalty, they say, They doubt not but it shall in the end appear to all the world, that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion, the King's just Prerogatives, the Laws and Liberties of the Land, and the Privileges of Parliament, in which endeavours by the grace of God, they would still persist, though they should perish in the work. In like manner, June 2. when they published their Propositions for bringing in money or Plate to raise an Army, they declared, That whatsoever is brought in shall not at all be employed upon any other occasion, then to maintain the Protestant Religion, the King's Authority, and his Person, in his royal dignity, the free course of Justice, the Laws of the Land, the peace of the Kingdom, and the Privileges of Parliament. Infinite are their Declarations and professions in this kind. The King's Declarations. June 16. The King's Declarations. His Majesty published a Declaration to all his loving Subjects, exciting them to bring in ready money and Plate, and to furnish him with Horse, Horsemen and Arms, for defence of the Protestant Religion, the preservation of his royal Person, the Laws, Liberties and peace of the Kingdom, and the Vindication of the Privilege and Freedom of Parliament. In his Declaration to all his loving Subjects concerning the proceed of this present Parliament, Aug. 12. His Majesty says, That nothing but the preservation of the true Protestant Religion, invaded by Brownism, Anabaptism, and Libertinism, the safety of his person, threatened & conspired against by Rebellion, and Treason, the Law of the Land, and liberty of the Subject, oppressed, and almost destroyed by an usurped, unlimited, arbitrary Power, and the freedom privilege, and dignity of Parliament awed and insulted upon by force, and Tumults, could make him put off his long Robe of Peace, and take up defensive Arms. And in pursuance of these ends did his Majesty offer rop ositions accordingly, The King's Propositions conform to his Declarations. The Propositions of the two Houses differing from their Declarations. at all Treaties, where he might propose any thing. But concerning the Propositions of the two Houses of Parliament, at the Treaty at Uxbridge, his Majesty's Commissioners truly observed, That after a War of near 4. years for which the defence of the Protestant Religion, the liberty, and property of the Subject, and the privileges of the Parliament, were made the cause, and grounds, in a Treaty of 20. days, nor indeed in the whole Propositions upon which the Treaty should be, there hath been nothing offered to be treated concerning the Breach of any Law, They altar the state of the war. or of the Liberty, and Property of the Subject, or privilege of Parliament, but only Propositions for the altering a Government established by Law, and by making new Laws, by which almost all the old are, or may be canceled. I will not here dispute the Power of the two Houses of Parliament separate from the King, but That they cannot assent to any thing in Parliament, What the two Houses cannot do in respect of the King and Crown. The Oaths of Allegiance and Supremacy. What they are bound to do for the King and the Crown. that tends to the disherison of the King, and his Crown, whereunto they are sworn, is acknowledged by the Lords and Commons in full Parliament, 42. Ed. 3. And, that they neither meant, nor had power, to hurt the King's Prerogative, is declared by the House of Commons at the passing of the Petition of Right, Tertio Caroli. Besides by the Oaths of Allegiance and Supremacy they are bound positively, to defend, and maintain his Majesty's Royal Person, with all the Prerogatives, Privileges, and Praeheminencies belonging or annexed to the imperial Crown. And they have bound themselves by the Protestation, with their lives, Power, and Estates, The Protestation. to defend and maintain His Majesty's Royal Person, Honour, and Estate; Together with the Power of privilege of Parliament, and the lawful Rights, and liberties of the Subject: And to their power to oppose all such as shall by force, counsel, conspiracies, or otherwise, do any thing contrary in the Protestation contained. And that they will not for hope, fear, or other respects relinquish this promise, vow, and Protestation. And by the solemn League and Covenant, The solemn League and Covenant. in the preservation of Religion, and Liberties, to maintain and defend the King's Person, and Authority; without diminishing his just power, and Greatness; And that they will all the days of their lives continue in this Covenant against all opposition: The Expedient for Peace. Now let the Lords and Commons proceed not according to their Strengths, and Success, but according to their Legal, and voluntary Oaths; (i.) let them maintain, and defend the King, and the Crown, his Majesty's Honour, and Estate, his Authority, Power, and Greatness; And, an agreement, and peace, will necessarily follow thereupon. And I appeal to the Assembly of Divines (for their assent, or answer) whether, in point of Religion, and Conscience, An Appeal to the Assembly of Divines. How the two Houses and the Army have altered the state of the war. they may proceed otherwise then according to the Oaths, Protestation, and Covenant aforesaid. And whether they are not guilty of Disloyalty, and perjury, proceeding otherwise? as the two Houses do, by their Propositions, divesting the King and the Crown, of the chief Power, and Government, and establishing it in themselves; And as the Army doth, by their last Declaration, resolving to settle the Government without the King, and against him, and against all that take part with him: And hence our late Petitions, for his Majesty's return to his Parliament, & Government, were so unwelcome to them. Besides, to involve the People in this damnable Apostasy from their faith, How they would engage the people in their designs. and allegiance, to God and the King; and the better to carry on their designs, have they framed an Engagement for us, to adhere to the Authority of the two Houses of Parliament, (i) To renounce the King, his protection and Government, and to submit to the usurpation and Government of the two Houses of Parliament: And this Engagement is pressed at this day in the several Counties and Corporations; but I would have the people of the Kingdom generally to consult their respective Ministers, How the people should consult their Ministers about the Engagement. Whether considering their Oaths aforesaid, they can engage with the Houses and the Army, in their design against Monarchy, without high disloyalty, and manifest perjury? Or, whether considering their Obligations by their Protestation and Covenant, they ought not rather to oppose and fight against them, for the defence and maintenance of the King and Crowns, and the established Government of the Kingdom? Numb. 30.1. If a man vow a Vow unto the Lord, or swear an Oath to bind his soul with a Bond, he shall not break his word, he shall do according to all that proceedeth out of his mouth. The Statutes of 11. R. 2. and of 2. H. 4. repealed. 11. R. 2. The Duke of Gloucester, E. of Derby (afterwards H. 4.) with Arundel, Warwick, and Nottingham, enforced the King to call a Parliament, compel him to be there, else send him word they would choose another, having brought 40000. men to London, and placed them there, etc. and at this Parliament they accuse divers Lords and others of the King's Party (that withstood them) of high Treason, for assembling and conspiring by force to destroy the King, Realm, and Lords; who thereupon were attainted in Parliament. See Speed fol. 747, 748, & 749. the Duke of Ireland routed by the Lords. 21. R. 2. The King having gotten the better of those rebellious Lords, they for their old offence, though new matters were pretended, are in Parliament attainted of Treason, and all those attainted by their power, in 11. R. 2. restored. 1. Hen. 4. this King being by one of those five Lords (viz.) Derby, heir to the D. of Lancaster, that procured and enforced the Act of 11. R. 2. which was to that King's prejudice, revives that Act, and repeals the other of 21. R. 2. made to the disadvantage of him, and his parry, reciting also, that there were so many pains of Treason ordained by Statutes, that none knew how to do, speak or carry themselves, for fear of such pains; therefore the better to draw on his main end in the other, causes it to be enacted, that nothing shall be Treason but according to 25. E. 3. which notwithstanding, divers shifts and evasions were afterwards used to multiplied Treasons as formerly, which so continued till 1. E. 6. c. 12. Enacted that all Treasons and Declarations thereof be referred to 25. E. 3. except some Treasons in that Act mentioned, as denying the King's Supremacy, interrupting the succession of the Crown, etc. by which addition, the former mischief was revived; and therefore by 1. Ma. c. 1. All treasons are limited to 25. E. 3. notwithstanding any Act made before or after. So that the Treasons of 11. R. 2. not being expressed in 25. E. 3. are no Treasons now, unless they be so declared by force of 25. E. 3.2. the words whereof are; And because many other like cases of Treason (which are not expressed in that Statute) may happen in time to come, it is accorded, that if any other case supposed Treason, which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to judgement of the Treason, till the cause be showed and declared before the King and his Parliament, whether it ought to be judged Treason, or other Felony: which Declaration ought to be by the whole Parliament, and not by the King and Lords, or King and Commons, or Lords and Commons. Cook Inst. 3. part. fol. 22. FINIS.