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peace_n king_n parliament_n treaty_n 2,836 5 9.4232 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A61081 Reasons why we should admit the King to a personall treaty in Parliament, and not treat by commissioners Spelman, Clement, 1598-1679. 1647 (1647) Wing S4916; ESTC R39100 2,486 8

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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 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 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 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 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