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A87539 A short, sure, and conscientious expedient for agreement & peace. Tendred to the two Houses of Parliament: with an appeale to the Assembly of Divines; and an application to the people, and the Ministery of the Kingdome. / VVritten by D.J. Jenkins, David, 1582-1663. 1648 (1648) Wing J609; Thomason E456_3; ESTC R205038 3,926 8

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A short sure and conscientious EXPEDIENT FOR Agreement Peace TENDRED To the two Houses of PARLIAMENT WITH An Appeale to the Assembly of Divines AND An Application to the People and the Ministery of the KINGDOME July VVritten by D. J. NUMB. 30.2 If a man vow a vow unto the Lord or sweare an oath to binde his soule 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 't is 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 suspition of their Loyalty they say They doubt not but it shall in the end appeare to all the world that their endeavours have been most hearty and sincere for the maintenance of the true Protestant Religion the Kings just Prerogatives the Lawes and Liberties of the Land and the Priviledges 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 imployed upon any other occasion then to maintain the Protestant Religion the Kings Authority and his Person in his royall dignity the free course of Justice the Laws of the Land the peace of the Kingdome and the Priviledges of Parliament Infinite are their Declarations and professions in this kind The Kings Declarations June 16. The Kings Declarations His Majestie published a Declaration to all his loving Subjects exciting them to bring in ready money and Plate and to furnish him with Horse Horse-men and Armes for defence of the Protestant Religion the preservation of his royall Person the Laws Liberties and peace of the Kingdome and the Vindication of the Priviledge and Freedome of Parliament In his Declaration to all his loving Subjects concerning the proceedings of this present Parliament Aug. 12. His Majesty saies That nothing but the preservation of the true Protestant Religion invaded by Brownisme Anabaptisme and Libertinisme the safety of his person threatned 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 freedome priviledge 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 Armes And in pursuance of these ends did his Majesty offer rop ositions accordingly The Kings 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 Majesties Commissioners truly observed That after a Warre of neere 4. yeares for which the defence of the Protestant Religion the liberty and property of the Subject and the priviledges of the Parliament were made the cause and grounds in a Treaty of 20. daies nor indeed in the whole Propositions upon which the Treaty should be there hath bin nothing offered to be treated concerning the Breach of any Law They alter the state of the war or of the Liberty and Property of the Subject or priviledge 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 cancelled 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 VVhat the two Houses cannot do in respect of the King and Crown The Oaths of Allegeance and Supremacy VVhat they are bound to do for the King and the Crown that tends to the disherison of the King and his Crowne whereunto they are sworne is acknowledged by the Lords and Commons in full Parliament 42. Ed. 3. And that they neither meant nor had power to hurt the Kings 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 maintaine his Majesties Royall Person with all the Prerogatives Priviledges and Praeheminencies belonging or annexed to the imperiall Crowne And they have bound themselves by the Protestation with their lives Power and Estates The Protestation to defend and maintaine His Majesties Royall Person Honour and Estate Together with the Power of priviledge of Parliament and the lawfull Rights and liberties of the Subject And to their power to oppose all such as shall by force counsell conspiracies or otherwise do any thing contrary in the Protestation conteined And that they will not for hope feare or other respects relinquish this promise vow and Protestation And by the solemne League and Covenant The solemne League and Covenant in the preservation of Religion and Liberties to maintaine and defend the Kings Person and Authority without diminishing his just power and Greatnesse And that they will all the daies 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 Successe but according to their Legall and voluntary Oaths i. let them maintaine and defend the King and the Crowne his Majesties Honour and Estate his Authority Power and Greatnesse And an agreement and peace will necessarily follow thereupon And I appeale 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 doe by their Propositions devesting the King and the Crowne of the cheife 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 Majesties returne to his Parliament Government were so unwelcome to them Besides to involve the People in this damnable Apostacy from their faith How they would ingage the people in their designes
and allegiance to God and the King and the better to carry on their designes have they framed an Ingagement 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 Ingagement is pressed at this day in the severall Counties and Corporations but I would have the people of the Kingdome generally to consult their respective Ministers How the people should consult their Ministers about the Ingagement Whether considering their Oaths aforesaid they can ingage with the Houses and the Army in their designe against Monarchie 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 Crownes and the established Government of the Kingdome Numb 30.1 Jf a man vow a Vow unto the Lord or sweare an Oath to bind his soule with a Bond he shall not break his word he shall doe 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 Glocester E. of Derby afterwards H. 4. with Arundell Warwick and Nottingham inforced the King to call a Parliament compell him to be there els send him word they would chuse another having brought 40000. men to London and placed them there c. and at this Parliament they accuse divers Lords and others of the Kings Party that withstood them of high Treason for assembling and conspiring by force to destroy the King Realme 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 heire to the D. of Lancaster that procured and inforced the Act of 11. R. 2. which was to that Kings prejudice revives that Act and repeales the other of 21. R. 2. made to the disadvantage of him and his parry reciting also that there were so many paines of Treason ordained by Statutes that none knew how to doe speak or carry themselves for feare of such paines therefore the better to draw on his maine 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 Kings Supremacy interrupting the succession of the Crown c. 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 unlesse 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 Iudgement of the Treason till the cause be shewed 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 Cooke Inst 3. part fol. 22. FINIS