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A78637 His Majesties answer, to a printed book, intituled, A remonstrance, or the declaration of the Lords and Commons now assembled in Parliament, 26. May 1642 In answer to a declaration under His Majesties name, concerning the business of Hull. England and Wales. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649. 1642 (1642) Wing C2105; ESTC R229539 17,902 16

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the more justifiable Nay let the Framers of this Declaration ask themselves If the Evil Counsellors the Malignant Party the Persons Il-affected the Popish Lords and their Adherents should prove now or hereafter to be a Major part of both Houses for it hath been declared a great part of both Houses have been such and so might have been the greater nay that the greater part of the House of Peers was such and We have not heard of any of their conversions and thereupon it hath been earnestly pressed That the Minor part of the Lords might joyn with the Major part of the House of Commons were Wee bound to consent to all such Alterations as these men should propose to Vs and resolve to bee for the publike good and must the Liberty Property and Security of all Our Subjects depend on what such Votes should declare to bee Law Was the Order of the Militia unfit and unlawfull whiles the Major part of the Lords refused to joyn in it as they did two if not three severall times and it was never heard before this Parliament that they should bee so and so often pressed after a dissent declared and did it grow immediatly necessary for the publike safety and lawfull by the Law of the Land as soon as so many of the dissenting Peeres were driven away after their names had been required at the Bar contrary to the Freedom and Foundation of Parliaments that the other Opinion prevailed Doth the Life and Liberty of the Subject depend upon such Accidents of dayes and houres that it is impossible for him to know his right in either God forbid But now to justifie their Invasion of Our ancient unquestioned undoubted Right setled and established on Us and Our Posterity by God himself confirmed and strengthned by all possible Titles of Compact Laws Oaths perpetuall and uncontradicted Custom by Our people What have they alleaged to Declare to the Kingdom as they say the Obligation that lyeth upon the Kings of this Realm to passe all such Bills as are offered unto them by both Houses of Parliament a thing never heard of till this day An Oath Authority enough for them to break all theirs that is or ought to be taken by the Kings of this Realm which is as well to remedy by Law such inconveniences the Kingdom may suffer as to keep and protect the Laws already in being And the form of this Oath they say appears upon a Record there cited and by a Clause in the Preamble of a Statute made in the five and twentieth yeare of Edward the third We are not enough acquainted with records we to know whether that be fully and and ingeniously cited and when and how and why the severall clauses have been inserted or taken out of the oathes formerly administred to the Kings of this Realme yet we cannot possibly imagine the assertion that Declaration makes can be deduced from the words or the matter of that oath for unlesse they have a power of declaring Lattin as We as Law sure Eligerit signifieth hath chosen as well as Chuse and that it signifieth so here besides the authority of perpetuall practice of all succeeding ages a better interpreter then their Votes is evident by the reference it hath to customes Consuetudines quas vulgus elegerit and could that be a Custome which the people should chuse after this Oath taken and should a King be sworne to defend such Customes Besides can it be imagined that he should bee bound by oath to passe such Laws and such a Law is the Bill they brought to Vs of the Militia as should put the power wherewith he is trussed out of himselfe in the hands of other men and so devest and disable him of all possible power to performe the great businesse of the oath which is To protect them If we give away all Our power or if it be taken from Vs we cannot protect any man And what discharge would it be for us either before God or Man when our good Subjects whom God and the Law hath committed to our charge shall be worried and spoyled to say That we trusted others to protect them that is to doe that duty for Vs which is essentially and inseparably our owne But that all Our good Subjects may see how faithfully these men who assume this trust from them desire to discharge their trust We shall be contented to publish for their satisfaction a matter notorious enough but which we our Selfe never thought to have been but to publish and of which the Framers of that Declaration might as well have made use as of a Latine record they knew many of our good Subjects could not and many of themselves doe not understand the Oath it selfe we tooke at our Coronation warranted and injoyned to it by Custome and directions of our Predecessors and the Ceremony or their and our taking it they may finde it in the Records of the Exchequer This it is The Sermon being done the Archbishop goeth to the King and askes his willingnesse to take the Oath usually taken by his Predecessors The King sheweth himselfe willing ariseth and goeth to the Altar The Archbishop administreth these Questions and the King answers them severally Episcopus Sir Will you grant and keep and by your Oath confirme to the people of England the Laws and Customes to them granted by the Kings of England your Lawfull and Religious Predecessors and namely the Laws Customes and Franchises granted to the Clergie by the glorious King Saint Edward your Predecessor according to the Lawes of God the true Profession of the Gospel established in this Kingdome and agreeable to the Prerogative of the Kings thereof and the ancient Customes of this Realme REX I grant and promise to keep them Episcopus Sir Will you keep Peace and godly Agreement entirely according to your power both to God the holy Church the Clergy and the People REX I will keep it Episcopus Sir Will you to your power cause Law Justice and Discretion in Mercy and Truth to be executed in all your Judgements REX I will Episcopus Will you grant to hold and keep the Lawes and rightfull customes which the Commonalty of this your Kingdome have and will you defend and uphold them to the honour of God so much as in you lieth REX I grant and promise so to doe Then one of the Bishops reads this Admonition to the King before the people with a loud voice Our Lord and King We beseech you to pardon and to grant and to preserve unto us and to the Churches committed to our charge all Canonicall Priviledges and due Law and Justice and that you would Protect and defend us as every good King in his Kingdome ought to bee Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my pardon and that I will preserve and maintaine to you and the Churches committed to
What then Many men have no authority to Let or Set their Leases or sell their Land have they therefore no Title to them or Interest in them May they be taken from them because they cannot sell them The purpose of Our Iourney to Hull was neither to sell it o● give it away But for the Magazine the M●●ition there that We bought with our own Money We might surely have sold that lent or given it away No We bought it with the publike Money and the proof is They conceive it so and upon this conceit have Voted That it shall be taken from Vs Excellent Iustice Suppose We had kept this Money by Vs and not bought Arms with it would they have taken it from Vs upon that conceit Nay may they not wheresoever this Money is for through how many hands soever it hath passed it is the publike Money still if it ever were seize it and take it from the Owners But the Towns Forts Magazine and Kingdom is intrusted to Vs and We are a Person trusted We are so God and the Law hath trusted Vs and We have taken an Oath to discharge that trust for the good and safety of Our people What Oaths they have taken We know not unlesse those which in this violence they have manifestly maliciously violated May any thing bee taken from a man because he is trusted with it Nay may the person himself take away the thing he trusts when he will and in what manner he will The Law hath been otherwise and We beleeve will be so held notwithstanding their Declarations But This trust ought to be managed by their advice and the Kingdom hath trusted them for that purpose Impossible That the same trust should be irrevocably committed to Vs and our Heirs for ever and the same trust and a power above that trust for such is the power they pretend be committed to others Did not the people that sent them look upon them as a Body but Temporary and dissoluble at Our Pleasure And can it be beleeved that they intended them for Our Guardians and Comptrollers in the managing of that Trust which God and the Law hath granted to Vs and Our Posterity for ever What the extent of their Commission and Trust is nothing can better teach them then the Writ whereby they are met We called them and without that call they could not have come together to be Our Counsellors not Commanders for however they frequently confound them the Offices are severall and Councellors not in all things but in some things De quibusdam arduis c. And they will easily find amongst their Presidents that Queen Elizabeth upon whose Time all Good Men look with Reverence committed one Wentworth a Member of the House of Commons to the Tower sitting the House but for proposing That they might advise the Queen in a matter she thought they had nothing to do to meddle in But We are trusted and are We the onely Person trusted And may they do what their own inclination and fury leads them to Were not they trusted by Vs when We first sent for them and were they not trusted by Vs when We passed them Our promise That We would not dissolve them Can it be presumed and presumptions go far with them that We trusted them with a Power to destroy Vs and to dissolve Our Government and Authority If the people might be allowed to make an equitable construction of the Laws and Statutes a Doctrine avowed by them would not all Our good Subjects swear We never intended by that Act of continuance that they should do what they have since done Were they not trusted by those that have sent them And were they trusted to alter the Government of Church and State and to make themselves perpetuall Dictators over the King and People Did they intend that the Law it self should be subject to their Votes and that whatsoever they say or do should be lawfull because they declare it so The Oaths which they have taken who sent them and without taking which themselves are not capable of their place in Parliament makes the one uncapable of giving and the other of receiving such a trust unlesse they can perswade our good Subjects That We are the onely supreme Head and Governour in all causes and over all persons within Our Dominions and yet that they have a power over Vs to constrain Vs to manage Our Trust and govern Our Power according to their discretion The Contrivers of that Declaration tell Vs that they will never allow Vs an humble and dutifull Expression to be Iudge of the Law that belongs onely to them they may and must judge and declare We all know what Power the Pope under the Pretence of Interpreting Scriptures and declaring Articles of Faith though he decline the making the one or the other hath usurped over mens consciences and that under colour of having Power of Ordering all things for the good of mens Souls he Entiles himself to all the Kingdoms in the World We Will not accuse the Framers of this Declaration how bold soever they are with Vs that they incline to Popery of which another Maxime is That We must submit Our Reason and Vnderstanding and the Scripture it Self to that Declaring Power of his Neither will We tell them though they have told Vs so that they use the very language of the Rebels of Ireland and yet they say those Rebels Declare That whatsoeuer they do is for the Good of the King and Kingdoin But Our good Subjects will easily put the Case to themselves Whether if the Papists in Ireland in truth were or by Art or Accident had made themselves the Major Part of both Houses of Parliament there and had pretended the Trust in that Declaration from the Kingdom of Ireland thereupon had Voted their Religion and Liberty to be in danger of extirpation from a Malignant Party of Protestants and Puritanes and therefore that they should put themselves into a Posture of defence That the Forts and Militia of that Kingdom were to be put into the hands of such persons as they could confide in That We were indeed trusted with the Towns Forts Magazines Treasures Offices and People of the Kingdom for the Good and Safety and best Advantage thereof But as this trust is for the use of the Kingdom so it ought to be managed by the Advise of both Houses of Parliament whom the Kingdom had trusted for that purpose it being their duty to see it discharged according to the Condition and true Intent thereof and by all possible means to prevent the contrary We say Let all Our good Subjects consider If that Rebellion had been plotted with this Formality and those Circumstances declared to be legall at least according to the equitable sense of the Law and to be for the publike good and justifiable by necessity of which they were the onely Judges Whether though they might have thought their Designe the more cunning they would beleeve it
your charge all Canonicall Privilenges and due Law and Justice and that I will be your Protector and Defender to my power by the assistance of God as every good King in his Kingdome in Right ought to protect and defend the Bishops and Churches under their Government Then the King ariseth and is led to the Communion Table where he makes a solemne Oath in sight of all the people to observe the Premises And laying his hand upon the Booke saith The Oath The things which I have before promised I shall performe and keep So helpe me God and the Contents of this Booke Let all the world judge whether such Doctrine or such Conclusions as these Men teach can follow or have the least pretence from this Oath For the Preamble of the Statute they cite that tels us That the King is bound to remedy by Law the Mischiefes and Dammages which happen to His people He is so But is the King bound by the Preamble of that Statute to renounce his owne judgement His owne understanding in these Mischiefes and of those remedies How farre forth He is obliged to follow the judgement of His Parliament that Declararation still confesseth to be a question without question none can take upon them to remedy even mischiefes but by Law for feare of greater mischiefes then those they goe about to remedy But Wee are bound in Justice to consent to their proposalls because there is a Trust reposed in Vs to preserve the Kingdome by making new Lawes VVe are glad there is so Then we are sure no new Lawes can be made without Our consent and that the gentlenesse of our Answer Le Roys ' avisera if it be no denyall is no consent and then the matter is not great They will allow Vs yet A greater latitude of granting or denying as We shall thinke fit in publike Acts of Grace as Pardons or the like Grants of Favour why doe they so If those Pardons and publike Acts of Grace be for the publike good which they may Vote they are they will then be absolutely in their owne disposall But have they left Vs this power They have sure at least shared it with Vs How else have they got the power to pardon Sergeant-major-Generall Skippon a new Officer of State and a Subject we have no authority to sent to speak with and all other persons imployed by them and such as have imployed themselves for them not onely for what they have done but for what they shall doe If they have power to declare such Actions to be no Treason which we would not pardon and such Actions to be Treason which needs no pardon the Latitude they allow Vs of granting or denying of Pardons is a Jewell they may still be contented to suffer Vs to weare in our Crowne and never thinke themselves the more in danger All this considered The Contriver of that Message since they will afford him no better Title whom they are angry with doth not conceive the people of this Land to be so void of common sense as to beleeve Vs who have denyed no one thing for the ease and benefit of them which in Justice or Prudence could be asked or in honour and conscience could be granted to have cast off all care of our Subjects good and the Framers and Devisers of that Declaration who have endeavoured to render us odious to our Subjects and them disloyall to us by pretending such a trust from them to have onely taken it up Neither we are confident will they be satisfied when they feele the misery and the Burthens which the fury and the malice of those people will bring upon them with being told that Calamity proceeds from evill Councellors whom no body can name from Plots and Conspiracies which no man can discover and from Feares and Jealousies which no man understands And therefore that the consideration of it be left to the Conscience Reason Affection and Loyalty of Our good Subjects who doe understand the Government of this Kingdome we are well content Where will the folly and madnesse of these people end who would have our people beleeve that our absenting our self from London where with our safety we could not stay and the continuing Our Magazine at Hull proceeds from the secret plots of the Papists here and to advance the designes of the Papists in Ireland But it is no wonder that they who can beleeve Sir Iohn Hothams shutting us out of Hull to be an act of affection and loyalty will beleeve that the Papists or the Turks perswaded us to go thither An can any sober man think that Declaration to be the consent of either or both Houses of Parliament unaltered either by Fraud or Force which after so many Thanks and humble Acknowledgement of our gratious favour in our Message of the 20. of January so often and unanimously presented unto us from both Houses of Parliament tells us that the Message at first was and as often as it hath been since mentioned by us hath been a breach of Priviledge of which they have not used to be so negligent as in four moneths not to complain if such a breach had been and that the way and method of proceeding should not be proposed to them as if we had onely authority to call them together none to tell them what they were to do not so much as with reference to our own affairs what their own Method hath been and whither it hath led them and brought the Kingdom all men see what ours would have been if seasonably and timely applied unto let all men judge We will speak no more of it But see now what excellent Instances they have found out to prove an Inclination if not in Vs in some about Vs to civill warre Their gving with Vs to the House of Commons so often urged and so fully answered Their attending on Vs to Hampton Court and appearing in a warlike manner at Kingston upon Thames Our going to Hull Their drawing their Swords at York demanding Who world be for the King the declaring Sir Iohn Hotham Traitor before the Message sent to the Parliament the Propositions to the Gentry in Yorkshire to assist Vs against him before We had received an answer from the Parliament All desperate Instances of an Inclination to a civill warre Examine them againe The manner and intent of Our going to the House of Commons Wee set forth at large in Our Answer to their Declaration of the nineteenth of May let all men judge Next Doe these men themselves beleive to what purpose soever that Rumour hath served their turns that there was an Apparence in warlike manner at Kingston upon Thames Doe they not know that whensoever Wee have been at Hampton Court since Our first comming to the Crowne there was never a lesse Apparence or in a lesse warlike manner then at the time they meane Wee shall say no more But that Our Apparence in a warlike manner at Kingston upon Thames and