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A79846 A full ansvver to an infamous and trayterous pamphlet, entituled, A declaration of the Commons of England in Parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the King. Clarendon, Edward Hyde, Earl of, 1609-1674. 1648 (1648) Wing C4423; Thomason E455_5; ESTC R205012 109,150 177

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the like number should be likewise transported for France whereby the whole Army would have been disposed of against which the Irish Committee more pressed then against the other alleaging that there were not men in that Kingdome to spare whereupon the House of Commons by their private Agents prevailed with the French Ambassadour who more desired to hinder the supply for Spaine then to procure the like for his Master and it may be to see the King controlled by the Parliament then either of the other to release the King of His promise to him so that they would prevent the Spaniard's having any men And thereupon they re-inforced their importunity to the King for the present Disbanding and not sending any of that Army out of Ireland in such a manner as His Majesty was forced to yeild to it and thereby no question much was contributed to the opportunity and disposition of rebelling and to whose account that advantage is to be put all the world may judge yet it may be fit to observe that of that Irish Army which these men would have believed to be no lesse then a Stratagem against the Protestant Religion not one Officer above the quality of Captaine and not above two of that condition have served in that Rebellion in Ireland against the King In all Rebellions the chief Authors and Contrivers of it have made all fair pretences and entred into such specious Oaths as were most like to seduce and corrupt the people to joyne with them and to put the fairest glosse upon their foulest combination and conspiracy and therefore it is no wonder if the Rebels in Ireland framed an Oath by which they would be thought to oblige themselves to bear true Faith and Allegiance to King Charles and by all meanes to maintain His Royall Prerogative at a time when they intended nothing lesse And Owen Connelly who was the first happy discoverer of that Rebellion in the same Deposition in which he saies the Rebels would pay the King all His Rights saies likewise that they said they took that course to imitate Scotland who got a priviledge by it and Marke Paget in the same Examination in which he saies that the Rebels report that they have the Kings Warrant and great Seale for what they doe saies likewise that they threaten that as soon as they have rooted out the Brittish and English there to invade England and to assist the Papists in England and therefore it is a wonderfull thing that what they sweare or what they say should be imputed to Him against whom they have rebelled and forsworn themselves The Authours of this Declaration have besides their Oaths of Allegiance and Supremacy in the Protestation of the 5. of May sworn that they would maintaine and defend the Kings royall Person honour and estate and shortly after would perswade the people that they were by that very Protestation obliged to take up Armes against Him in their Declaration of the 19. of May they used these words The providing for the publique peace and prosperity of His Majesty and all His Realmes we protest in the presence of the all-seeing Deity to have been and still to be the only end of all our Counsells and endeavours wherein we have resolved to continue freed and enlarged from all private aymes personall respects or passions whatsoever and the very next day Voted that He intended to make War against His Parliament and that whosoever should serve or assist Him were Traytors by the fundamentall Laws of the Kingdome and upon that conclusion of His intention actually leavied an Army and marched against him In their Petition of the 2. of June they tell him that they have nothing in their thoughts and desires more pretious and of higher esteem next to the honour and immediate service of God then the just and faithfull performance of their duty to His Majesty and together with that Petition present the 19. Propositions to Him by which they leave Him not so much power in His Kingdome as the meanest Member of either House reserves to himself Lastly to omit infinite other instances in their Instructions of the 18. of August to the Deputy Lieutenants of Cheshire they required them to declare unto all men that it had been and still should be the care and endeavour of both Houses of Parliament to provide for His Majesty That they doe not nor ever did know of any evill intended to His Majesties Person when the only businesse and end of those directions and instructions were to raise that whole County against Him So that this clause of the Rebels Oath in Ireland is no more to be objected against the King then those other clauses in their own Oaths and Declarations which they have not yet charged His Majesty withall Concerning the Proclamation against the Rebels in Ireland which they say they could not obtaine in divers Months and then that but 40 Copies were printed and expresse Order given that none should be published till further directions hear His Maj. own full Answer to that Charge in His Answer to the Declaration of the 19. of May in these words 'T is well known that we were when that Rebellion brake forth in Scotland That We immediatly from thence recommended the care of that businesse to both Houses of Parliament here after We had provided for all fitting supplies from Our Kingdome of Scotland that after Our returne hither We observed all those formes for that service which We were advised to by Our Councell of Ireland or both Houses of Parliament here and if no Proclamation issued out sooner it was because the Lords Justices of that Kingdome desired them no sooner and when they did the number they desired was but Twenty which they advised might be Signed by us which we for expedition of the service commanded to be printed a circumstance not required by them and thereupon signed more then they desired So that it is an impudent Assertion that they could not obtain a Proclamation in divers Months when they never so much as desired or moved it and it was no sooner moved to the King but He gave Order in it the same Houre But it will not be amisse since this particular hath bin with so much confidence and so often unreasonably objected against His Majesty to speak somewhat of the custome and order usually observed in sending Proclamations into that Kingdome and of the reason why so many and no more were at that time sent except upon any extraordinary reasons the King never signes more then the first draught of the Proclamation fairly ingrossed in parchment which being sent to the Lord Deputy or Lords Justices in Ireland is there printed and the printed Copies dispersed as they are in England His Majesties signe Manuall being not to any of those Copies The Lords Justices and Councell taking notice of the rumour industriously spread amongst the Rebels that they had the Kings authority for what they did
or Congregation of men can have to traduce Him with them Before any discourse be applied to the monstrous Conclusions which are made and for the support and maintenance whereof that Declaration is framed and contrived or to the unreasonable glosses upon His Majesties Propositions and prosecution of his desires of peace and Treaty it will be the best method to weigh and consider those particulars upon which they would be thought to found their desperate Conclusions and in which they say there is a continued tract of breach of trust in the three Kingdomes since His Majesty wore the Crowne 1. The first Charge is that His Majesty in publique Speeches and Declarations hath laid a fit foundation for all Tyranny by this most destructive Maxime or Principle which he saith he must avow That He oweth an account of His Actions to none but God alone and that the Houses of Parliament joynt or separate have no power either to make or declare any Law That which all learned Christians in all ages have taught and all learned Lawyers of this Kingdome have alwaies held and acknowledged is not like to be a destructive principle and a fit foundation for Tyranny and surely this assertion of His Majesties hath no lesse authority For the first the incomparable Grotius upon whom all learned men look with singular reverence saies that even Samuel jus Regum describens satis ostendit adversùs Regis injurias nullam in populo relictam potestatem which saies he rectè colligunt veteres ex illo Psalmi Tibi soli peccavi Because being all ejusàem ordinis the people owe the same obedience to these as they did to those though the absolute power and jurisdiction the Kings of Israel had be no rule for other Princes to claime by And Grotius there cites Saint Ambrose his note upon the same Text Neque ullis ad poenam vocantur legibus tuti imperii potestate homini ergo non peccavit cui non tenebatur obnoxius The wise and learned Lord Chancellor Egerton in his Argument of the Postnati mentions some Texts in the Civill Law of the great and absolute power of Princes as Rex est lex loquens and Rex solus judicat de causa à jure non definita and saies he must not wrong the Judges of the Common Law of the Kingdome so much as to suffer an imputation to be cast upon them that they or the Common Law doe not attribute as great power and authority to their Soveraigns the Kings of England as the Canon Laws did to their Emperours and then cites out of Bracton the Chief Justice in the time of King Hen. 3. and an authentique Authour in the Law these words De Chartis Regiis factis Regum non debent nec possunt Justitiarii nec privatae personae disputare nec etiam si in illa dubitio oriatur possunt eam interpretari in dubiis obscuris vel si aliqua dictio duos contineat intellectus Domini Regis erit expectanda interpretatio voluntas and the same Bracton in another place saies of the King Omnis sub eo est ipse sub nullo nisi tantum sub Deo The ground of that excellent law of Premunire in the 16 year of King Rich 2. c. 5. and the very words of that Statute are That the Crown of England hath been so free at all times that it hath been in no earthly Subjection but immediately subject to God in all things touching the Regality of the same Crowne and to none other and upon that Maxime of the Law that good Statute against the Pope was founded If the King were bound to give an Account of his Actions to any person or power whatsoever God excepted he could not be the onely supream Governour of this Realme which he is declared and acknowledged to be by the Oath of Supremacy which every Member of the House of Commons hath taken or if he hath not he ought not to sit there or to be reputed a Member of Parliament by the Statute of 5 Eliz. c. 1. For the other part of this most destructive maxime or principle That the Houses of Parliament joynt or separate have no power either to make or declare any thing to be Law which hath not been formerly made to be so It hath been the judgment and language of the law it self in all Ages and the language of all Parliaments themselves It was the judgment of the Parliament in the 2 year of King Hen. 5. remembred and mentioned by the King in his Answer to the 19 Propositions That it is of the Kings regality to grant or deny such of their Petitions as pleaseth himself which was the forme then usuall to present those desires which by the Kings approbation and consent were enacted into Laws It was the language of the Law in the 36 year of K. H. 6. reported by my Lord Dyer that the King is the head and that the Lords are chief and principall Members and the Commons to wit the Knights Citizens and Burgesses the inferiour Members and that they all make the Body of Parliament and doubtlesse the Priviledge of Parliament was not in that time held so sacred a thing when an Action of Debt was brought against the Sheriffe of Cornwall for having discharged one Trewynnard a Burgesse of Parliament taken in Execution during the Session of Parliament upon a Writ of priviledge directed to the said Sheriffe and the Kings Bench where the Action was brought and the Sheriffe justified was in those daies the proper place to judge what was the priviledge of Parliament the Law being the most proper Judge of that priviledge as well as of all other rights It is the language of the Authour of Modus tenendi Parliamentum who lived before the time of William the Conquerour and it is the language of Sir Edw. Coke in the Chapter of the high Court of Parliament which was published by a speciall Order of the House of Commons since the beginning of this Parliament that there is no Act of Parliament but must have the consent of the Lords the Commons and the royall assent of the King and the same Sir Edward Coke saies in the 11. p. of that Chapter that Innovations and Novelties in Parliamentary proceedings are most dangerous and to be refused It is the language of the Parliament in the 1 year of King James when to the first Act that was past they desired His Majesties royall assent without which they say it can neither be compleat or perfect nor remaine to all posterity c. Lastly it is the language of this present Parliament and in a time in which they were not very modest in their pretences for in their Declaration of the 19 of May they acknowledge that by the constitution of this Kingdome the power is in His Majesty and Parliament together albeit they conclude in the same Declaration that if He refused to