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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
Councell into Vs And now apply the Argument the Contrivers of that Declaration makes for themselves Is it probable or possible that such men whom We haue mentioned who must have so great a share in the misery should take such pains in the procuring thereof and spend so much time and run so many hazards to make themselves Slaves and to ruine the Freedome of this Nation We say with a clear and upright Conscience to God Almighty Whosoever harbours the least thought in his breast of ruining or violating the publike Liberty or Religion of this Kingdome or the just Freedome and Priviledge of Parliament let him be accursed and hee shall be no Councellour of Ours that will not say Amen For the contrivers of that declaration We have not said any thing which might imply any inclination in them to be Slaves that which Wee have charged them is with invading the publike Liberty and Our Presumption may be very strong and vehement that though they have no mind to bee Slaves they are not unwilling to bee Tyrants What is Tyrannie but to admit no Rule to governe by but their owne wils And We know the misery of Athens was at the highest when it suffered under the thirty Tyrants If that Declaration had told Vs as indeed it might and as in Iustice it ought to have done that the Presidents of any of our Ancestors did fall short and much below what hath beene done by Vs this Parliament in point of Grace and Favour to Our People Wee should no otherwise have wondred at it then at such a truth in such a place But when to justifie their having done more then ever their Predecessors did it tels Our good Subjects as most injuriously most insolently it doth That the highest and most unwarrantable Presidents of any of Our Predecessors doe fall short and much below what hath beene done to them this Parliament by Vs Wee must confesse Our selfe amazed and not able to understand them And We must tel those ungratefull Men who dare tell their King That they may without want of Modesty and Duty depose him That the condition of Our Subjects when by whatsoever Accidents and Conjunctures of time it was at worst under Our power unto which by no default of Ours they shall be ever againe reduced was by many degrees more pleasant and happy then that to which their furious pretence of Reformation hath brought them Neither are we afraid of the highest Presidents of other Parliaments which these men boldly Our good subjects will call it worse tell Vs They might without want of Modesty and Duty make their Patterns If We had no other security against those Presidents but their Modesty and Duty Wee were in a miserable condition as all persons will bee who depend upon them That Declaration will not allow Our Inference That by avowing the Act of Sir Iohn Hotham they doe destroy the Title and Interest of all Our Subjects to their Lands and Goods but confesseth if they were found guilty of that charge it were indeed a very great crime And doe they not in this Declaration admit themselves guilty of this very Crime Doe they not say Who doubts but that a Parliament may dispose of any thing wherein VVee or Our Subjects have a Right in such a way as that the Kingdome may not be in danger thereby Doe they not then call themselves This Parliament and challenge this Power without Our consent Doe they not extend this Power to all Cases where the necessity or the common good of the Kingdome is concerned and doe they not arrogate unto themselves alone the judgement of this Danger this Necessity this Common Good of the Kingdome What is if this be not to unsettle the Security of all mens Estates and to expose them to an arbitrary Power of their owne If a Faction shall at any time by Cunning or Force or absence or accident prevaile over a major part of both Houses and pretend that they are Evill Councellors a Malignant Party about the King by whom the Liberty and Religion of the Kingdome are both in danger This they may doe they have done it Then they may take away be it from the King or People whatsoever they in their judgements shall thinke fit This is lawfull they have declared it so Let the world judge whether We charge them unjustly and whether they are not guilty of the Crime which themselves confesse being proved is a great one and how safely We might commit the Power these people desire into their hands who in all probability would be no sooner possessed of it then they would revive that Tragedie which Master Hooker relates of the Anabaptists in Germany who talking of nothing but Faith and of the true Feare of God and that Riches and Honour were vanity at first upon the great Opinion of their Humility Zeal and Devotion procured much Reverence and Estimation with the people After finding how many persons they had ensnared with their Hypocrisie they began to propose to themselves to reforme both the Ecclesiasticall and Civill Government of the State Then because possibly they might meet with some Opposition they secretly entred into a League of Association and shortly after finding the power they had gotten with the credulous People enriched themselves with all kind of spoyle and pillage and justified it upon our Saviours promise The meeke shall inherite the earth and declared their Title was the same which the righteous Israelites had unto the goods of the wicked Egyptians This Story is worth the reading at large and needs no application But Wee must by no meanes say That We have the same Title to Our Towne of Hull and the Ammunition there as any of Our Subjects have to their Lands or Money That 's A Principle that puls up the Foundation of the Liberty and Property of every Subject Why pray Because the Kings Property in his Townes and in his Goods bought with the publike Money as they conceive Our Magazine at Hull was is inconsistent with the Subjects Property in their Lands Goods and Liberty Doe these men think That as they assume a power of Declaring Law and whatsoever contradicts that Declaration breaks their Priviledges so that they have a power of declaring Sense and Reason and imposing Logick and Syllogismes on the Schooles as well as Law upon the People Doth not all mankind know That severall man may have severall Rights and Interests in the selfe same House and Land and yet neither destroy the other Is not the Interest of the Lord Paramont consistent with that of the Mesme Lord and his with that of he Tenant and yet their Properties and Interests not at all confounded And why may not Wee then have a full Lawfull Interest and Property in Our Town of Hull and yet Our Subjects have a Property in their Houses too But We cannot sell or give away at Our pleasure Our Towns and Forts as a private man may do his Lands or Goods