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authority_n law_n people_n power_n 6,970 5 5.1237 4 true
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A78628 His Majesties answer, by vvay of declaration to a printed paper, entituled, A declaration of both Houses of Parliament, in answer to His Majesties last message concerning the militia. Published by His Majesties command. England and Wales. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649. 1642 (1642) Wing C2090; Thomason E148_13; ESTC R3595 5,454 15

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without the Kings consent for of such all the inquiry We can make could never produce Vs one instance And if there be such a secret of the Law which hath lain hid from the beginning of the world to this time and now is discovered to take away the iust Legall Power of the King We wish there be not some other secret to be discovered when they please for the ruine and destruction of the Liberty of the Subject For no doubt if the Votes of doth Houses have any such Authority to make a new Law it hath the same Authority to repeal the old and then what will become of the long established Rights and Liberties of the King and Subject and particularly of Magna Charta will be easily discerned by the most ordinary understandings It is true We did out of the tendernesse of the Constitution of the Kingdom and care of the Law which We are bound to defend and being most assured of the unjustifiablenesse of the pretended Ordinance invite and desire both Our Houses of Parliament to settle whatsoever should be fit of that nature by Act of Parliament But were We therefore obliged to passe whatsoever should be brought to Vs of that kinde We did say in Our Answer to the Petition of both Houses presented to Vs at York the 26. of March last and We have said the same in other Messages before that We alwayes thought it necessary the businesse of the Militia should be setled and that We never denied the thing onely denied the way and We say the same still since the many Disputes and Votes upon Lords Lieutenants and their Commissions which were begun by Vs or Our Father had so discountenanced that Authority which for many yeers together was happily looked upon with Reverence and Obedience by the People We did and do think it very necessary that some wholesome Law be provided for that businesse but We declared in Our Answer to the pretended Ordinance We expected that that necessary Power should be first Invested in Vs before We consented to transferre it to other men Neither could it ever be imagined that we would consent that a greater Power should be in the hands of a Subject then We were thought worthy to be trusted with Our Self And if it shall not be thought fit to make a new Act or Declaration in this point We doubt not but We shall be able to grant such Commissions which shall very Legally Enable those We trust to do all Offices for the Peace and Quiet of the Kingdom if any Disturbance shall happen But that Declaration saith We were pleased to offer them a Bill ready drawn and that they to expresse their earnest zeal to correspond with Our desire did passe that Bill yet all that Expression of Affection and Loyaltie all that earnest desire of theirs to comply with Vs produced no better effect then an absolute deniall even of what by Our former Messages as that Declaration conceives We had promised and so proceeds under the pretence of mentioning evill and wicked Counsels to censure and reproach Vs in a Dialect that We are confident Our good Subjects will read with much indignation on Our behalf But sure if that Declaration had passed the Examination of both Houses of Parliament they would never have affirmed that the Bill We refused to passe was the same We sent to them or have thought that Our Message wherein the difference and contrariety between the two Bils is so particularly set down would be answered with the bare averring them to be one and the same Bill No more would they have declared when Our Exceptions to the Ordinance and the Bill are so notoriously known to all Our People that care being taken to give satisfaction in all the particulars We had excepted against in the Ordinance We had found new exceptions to the Bill And yet this very Declaration confesses that Our Exception to the Ordinance was that in the disposing and execution thereof We were excluded And was not this an expresse reason in Our Answer for Our refusall of the Bill which this Declaration will needs confute But the Power was no other then to suppresse Rebellion Insurrection and forreign Invasion and the Persons trusted no other then such as were nominated by the great Councell of the Kingdom and assented to by Vs and that Declaration asks if that be too great a Power to trust these persons with Indeed whiles so great Liberty is used in Voting and Declaring men to be enemies to the Common-wealth an English phrase We scarcely understand and in censuring Men for their service and attendance upon Our person and in Our lawfull Commands great heed must be taken into what hands We commit such a Power to suppresse Insurrection and Rebellion And if Insurrection and Rebellion have found other definitions then what the Law hath given them We must be sure that no lawfull Power shall justifie those definitions And if there be Learning found out to make Sir John Hothams taking Arms against Vs and keeping Our Town and Fort from Vs no Treason or Rebellion We know not whether a new Discovery may not finde it Rebellion in Vs to defend Our self from such Arms and to endeavour to recover what is so taken from Vs And therefore it concerns Vs till the known Law of the Land be allowed to be Iudge between Vs to take heed into what hands We commit such Power Besides can it be thought that because We are willing to trust certain persons that We are obliged to trust them in whatsoever they are willing to be trusted We say no private hands are fit for such a Trust neither have We departed from any thing in the least degree We offered or promised before though We might with as much reason have withdrawn Our Trust from some persons We before had accepted as they did from others whom they recommended For the Power which We are charged to have committed to particular persons for the space of fifteen yeers by Our Commissions of Lieutenancie it is notoriously known that it was not a Power created by Vs but continued very many yeers and in the most happy times this Kingdom hath enjoyed even those of Our renowned Predecessors Queen Elizabeth and Our Father of happy memory and what ever Authority was granted by those Commissions which were kept in the old forms the same was determinable at Our pleasure and We know not that they produced any of those Calamities which might give Our good Subjects cause to be so weary of them as to run the hazard of so much mischief as that Bill We refused might possibly have produced For the Presidents of former ages in the Commissions of Array We doubt not but when any such have issued out that the Kings consent was alwayes obteined and the Commissions determinable at His pleasure and then what the extent of power was will be nothing applicable to this Case of the Ordinance But whether that Declaration hath refuted Our Reasons for Our refusall to passe the Bill or no it hath resolved and required all Persons in authority thereby to put the Ordinance in present execution and all others to obey it according to the fundamentall Lawes of the Land But We whom God hath trusted to maintain and defend those fundamentall Lawes which We hope He will blesse to secure Vs do declare that there is no legall power in either or both Houses upon any pretence whatsoever without Our consent to command any part of the Militia of this Kingdom nor hath the like ever been commanded by either or both Houses since the first foundation of the Lawes of this Land and that the execution of or the obedience to that pretended Ordinance is against the fundamentall Lawes of the Land against the liberty of the Subject and the right of Parliaments and a high crime in any that shall henceforth execute the same And We do therefore charge and command all Our loving Subjects of what degree or quality soever upon their Allegiance and as they tender the peace of this Kingdom from henceforth not to Muster Leavy or Array or summon or warn any of Our Trained Bands to Rise Muster or March by vertue or under Colour of that pretended Ordinance And to this declaration and command of Ours We expect and require a full submission and obedience from all Our loving Subjects upon their Allegiance as they will answer the contrary at their perils and as they tender the upholding of the true Protestant profession the safety of Our Person and Our Royall Posterity the Peace and Being of this Kingdom FINIS LONDON Printed by Robert Barker Printer to the Kings most Excellent Majestie and by the Assignes of John Bill 1642.