THE PARLIAMENTS Proceed justified, in Declining A Personal 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 Popes-head Alley, 1648. The Parliaments proceed 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 find upon me, one of my own making, the other made when I was born) is to show 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 by't at, according to your several palates, as they are probably set, some to the Court-way, some to the Presbyterian, or, as they are disgusted, some with your Honourable drudges, and others with your gallant champions. These new Peter-men (more dangerous to you in point of profit, as well as in point of honour, than those that fetch your Herring from off your coasts) are the Scotish Commissioners: and these four considerations which I have enumerated, are the corner stones whereon they build their confidence of persuading some of you, that five persons trusted by another Kingdom for quite another purpose, should settle your peace, should manage your affairs of Church and State, with more advantage to you, than that numerous Body that was entrusted by you, hath adventured for you, & must partake with you of all the good or ill their council shall produce. But since it is possible for a slander by to see more than a Player, and since we might perhaps hope to find as much faithfulness in Foreigners as we have done treachery in many of our own countrymen, 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 than 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 honour, 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 Councillors; 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 skill 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 letting 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 cozening you, is not by surrendering up your Liberties all at once, but by suffering 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 admitted, 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 honour, freedom, and safety. What honour He is capable of, that shall come with a Pass like an enemy, where he might have stayed with the dignity of a King. I know not; but I believe 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 administered. As for safety, the Parliament should not do itself honour, 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 itself, is as valuable to Him, as any thing that can be received from Him; especially, considering the danger of His being lose, 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 been often without success, and the new Propositions are less to the advantage of the Crown, than the former; and so no reason to expect better satisfaction, then formerly we had. Ans. This is a twoedged Argument, and therefore if it should be beaten down to the Fencer's 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 advantageous to the Crown, than the former, a treaty might be dispensed 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 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 venture upon. Therefore say these Councelors, do it now, which Reason stands good to justify 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 King's 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, than His Majesty's presence with his Parliament, must be the best, if not the only 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 believe 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 employ all this earnestness 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 burned 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 saul's 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 man's 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 believe, that if there were a Treaty, they would join with your Commissioners in pleading your Cause against the King; and all the while they are telling you so, do join with Him in pleading for a Personal treaty against your Commissioners in Parliament. But admit they would be true to their trust, and would remember on which side they were first retained; What kind of Reasons be they, that enemies use to show 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 showing 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 honour of granting what we are able to give ourselves without Him: Propositions though, and not Impositions, because we leave it in His power to deprive Himself of that Honour, without forcing Him to take His Office up again; and yet I believe, if the chance of War had turned the Die on his side, as it did on ours, we should have had Impositions from Him upon Impositions, and of another kind 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 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 honour 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 only thing to have been performed on ours. In respect whereunto the things we sent, might well be esteemed Suppositions; and if the greatest Honour and Satisfaction of the conquered, must be aimed 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 mutual confidence between him and his Parliament; it is the best way to clear 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 people's 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 well being, if not in our being. Hic pradam petit, not salutem. And 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 unfaithful towards you. It is true, that the interview 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 will 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 will the Houses of Parliament, give full power to their Commissioners, to make alterations in the Propositions, as they shall see cause upon debate; wherefore a personal Treaty with his Majesty in London, is the most probable and expedient way to remove or reconcile all differences. Answ. We had Reason to expect without any plenipotentiary authority delegated unto Commissioners, as is used in cases of a doubtful 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 fit to give ourselves the Law, or as his victors, and therefore fit to give it him. If some few things in the Propositions were of less Importance than the rest; could any man have Imagined, that rather than he would grant them, he should hinder his own Enlargement, 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 dependence upon any one syllable in the half dozen of Reasons than Warwick-Castle hath. The way to remove or reconcile all differences betwixt the King & us, had been worth the showing before the war began, that it might have been prevented. But for the Parliament (when after so long & serious consideration, they had Resolved upon what terms 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 honour's sake, and put them into the form of Bills. Whereby, if he had passed them, he had been owned for King again, though he should have denied all the rest) to be persuaded to let go their hold, to turn all lose again, and go to it a now with Syllogisms, whether we shall 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 freedom and safety, it was thought unfit, and denied by the Houses, and the Commissioners from Scotland. Look ye (Countrymen) 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 King's 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 garrisons 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 would 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 knows that there is need of keeping of Sir Thomis Fairfax and the army under his command, or else they would not put the Kingdom to the charge of sixty thousand pounds per month; they are not ignorant, that besides their first enemies (who are rather kept under then brought in) there is a daily swarm of discontented persons in all parts, some from the unquietness 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 weariness 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 pair of bellows shall come to blow the ashes from off the coals, 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 ourselves to find our divisions heightened, and our troubles renewed. But they tell you (so grossly, as if they did not mean to cousin you,) you may be fully secured against all the dangers of his coming 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 himself 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 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 friends 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 kingdom by Sea and Land? let him have that but for a month, and he shall ask nothing else. I answer them almost in their kind: the prince of the air (whom they mention so often) seems more reasonable in his demands then our heavenly Father, for where God requires the whole heart, he will accept a little piece whereby he craves in effect no less than all, since he is sure God will have no partnership with him. When a Serpent would obtain 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 tyrannical government, and that power had need to be always 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 quarrel 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 turn; and yet I should advise them to consider that if the temptations of the Court, either by Sugar-plums, or by bugbears, have been able (as by sad & frequent experience appears) to deboche so many of the people's deputies in this very Parliament, as (if they were altogether in the Commons. House again, and could but persuade most of those Moderate Members to join with them whose estates during the late war have lain in Round-headed quarters) might carry what Vote they pleased without much opposition, though for the making a Forest 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 Heifer 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 crop, which all his Bazan-Buls, and nobly descended horses have been foiled in. 7. Argument Arg. 7. Which the Commissioners call a farther Answer to their own Objection, is indeed a seventh Reason newly thought on, and borrowed our of the Parliaments Reply to the King's Message of the 11. of Sept. 42. [All this notwithstanding as we never gave your Majesty any just cause of with drawing yourself from your great counsel, 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 Kingdoms, and closing the dangerous breaches betwixt your Majesty and your Parliament, according to the great trust which lies upon us, and if your Majesty shall now be pleased to come back to your Parliament without your forces, we shall be ready to secure your Royal Crown and dignity with our lives and fortunes, your presence in this great counsel being the only means of any Treaty, betwixt your Majesty and them with hope of success. Answer. An. All this cannot relate to all that which hath been done since September 42. he that saith if you shall now be pleased, doth not tell you at what time soever you shall be pleased; he that offers you fair terms if you come without your forces, would be thought to imagine 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 four or five lines we must be held to our old refused offers, notwithstanding any alteration of affairs. 8. Argument. 8. Arg. If they were esteemed enemies to the Parliament and the peace of the kingdom 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 him to return to his Parliament, when he offers to cast himself into their arms? Answer. Ans. This whole Island (I mean the highest authority therein) did justly esteem them enemies to the Parliament and the Peace of the kingdoms 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 esteem them no less 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 himself into Our arms: The fact standing thus; when Our arms had made his Headquarters too hot for him, he cast himself 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 kind an offer shall be refused, and the King driven to despair, it is to be feared, these Kingdoms shall be involved into greater difficulties than ever. Answer. I will admit for once that the King hath yet some good thing to offer, and some goodness of will to offer it unto the Parliament. Do they not deal hardly with Us who will not suffer us to refuse a kindness, to say no we thank him, without beckoning him into despair, and threatening 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 kind to the Israelites when he slighted all their poor addresses, so the Lord was then their complete deliverer when he shut out all communication with their oppressors, by drawing off a Sea betwixt them. FINIS.