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.

LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. 1642.

C R
‘HONI SOIT QVI MAL Y PENSE’ ‘DIEV ET MON DROIT’

His MAjESTIES ANSVVER, BY WAY OF DECLARATION To a Printed Paper, intituled, A Declaration of both Houses of Parliament, in Answer to His Majesties last Message concerning the Militia.

WE very well understand how much it is below the high and Royall dignity (wherein God hath pla­ced Vs) to take notice, much more to trouble Our Self with answering those many scanda­lous seditious Pamphlets and Printed Papers, which are scattered with such great Licence tho­rowout the Kingdom (notwithstanding Our ear­nest desire, so often in vain pressed for a Reforma­tion) though We finde it evident, That the mindes [Page 2]of many of Our weak Subjects have been, and still are poisoned by those means, and that so gene­rall a Terrour hath possessed the mindes and hearts of all men, that whiles the Presses swarm (and every day produceth new Tracts against the established Government of the Church and State) most men want the Courage or the Conscience to write, or the opportunity and incouragement to publish such composed sober Animadversions, as might either preserve the mindes of our good Subiects from such Infection, or restore and re­cover them when they are so infected: But We are contented to let Our Self fall to any Office that may undeceive Our People, and to take more pains this way by Our own Pen, then ever King hath done, when We finde any thing that seems to carry the reputation and authority of either, or both Houses of Parliament, and will not have the same refuted or disputed by common and vulgar Pens, till We are thorowly informed, whether those Acts have in truth that Countenance and Warrant they pretend. Which regard of Ours We doubt not but in time will recover that due reverence (the absence whereof We have too much reason to complain) to Our Person and Our Messages, which in all ages hath been paid (and no doubt is due) to the Crown of England.

We have therefore taken notice of a Printed Paper, intituled, A Declaration of both Houses of Parliament, in Answer to Our last Message con­cerning the Militia, published by command; The which We are unwilling to beleeve (both for the [Page 3]Matter of it, the Expressions in it, and the Man­ner of publishing it) can result from the consent of both Houses; Neither do We know by what lawfull Command such uncomely, irreverent mention of Vs can be published to the World. And though Declarations of this kinde have of late (with too much boldnesse) broken in upon Vs and the whole Kingdom, when one, or both Hou­ses have thought fit to communicate their Coun­sels and Resolutions to the People, yet We are un­willing to beleeve, that such a Declaration as this, should be published in Answer to Our Mes­sage, without vouchsafing at least to send it to Vs as their Answer; Their Businesse for which they are met by Our Writ and Authoritie, being to Coun­sell Vs for the good of Our People, not to write against Vs to Our People, and no consent of Ours for their long continuing together, inabling them to do any thing, but what they were first summoned by Our Writ to do. At least, We will beleeve, though misunderstanding and Iealousie (the Iustice of God will overtake the Fomenters of that Iealousie, and the Promoters and Contri­vers of that misunderstanding) might produce (to say no worse) those very untoward Expressions; that if those Houses had contrived that Declara­tion, as an Answer to Our Message, they would have vouchsafed some Answer to the Question pro­posed in Ours, which We professed, did and must evidently prevail over Our understanding; and in their wisdom and gravity they would have been sure to have stated the Matters of Fact, as (at [Page 4]least to ordinary understandings) might be un­questionable; Neither of which is done by that Declaration.

We desire to know why We were by that Act absolutely excluded from any Power or Authority in the execution of the Militia, and We must ap­peal to all the world, whether such an attempt be not a greater, and juster ground for Fear and Iea­lousie in Vs, then any one that is avowed for those distructive Fears and Iealousies, which are so publikely owned, almost to the ruine of the Kingdom. But We have been told that We must not be jealous of Our great Councell of both Houses of Parliament. We are not, no more then they are of Vs their King, and hitherto they have not avowed any jealousie of, or disaffection to Our Person; imputed all to Our evil Councellours, to a Malignant party that are not of their mindes: So We do (and We do it from Our soul) professe no Iealousie of Our Parliament, but of some tur­bulent, seditious, and ambitious Natures, which (being not so cleerly discerned) may have an in­fluence even upon the Actions of both Houses; And if this Declaration hath passed by such con­sent, (which We are not willing to beleeve) it is not impossible b [...]t that the apprehension of such Tumults, which have driven Vs from Our City of London for the safety of Our Person, may make such an impression in other men, (not able to re­move from the danger) to make them consent, or not to own a dissent in matters not agreeable to their conscience or understanding.

We mentioned in that Our Answer Our dis­like of the putting of their names out of the Bill whom before they recommended to Vs in their pretended Ordinance, and the leaving out by spe­ciall Provision the present Lord Major of London, to all which the Declaration affords no Answer, and therefore We cannot suppose it was intended for an Answer to that Our Message, which who­soever looks upon, will finde to be in no degree answered by that Declaration.

But it informs all Our Subjects, after the mention, with what humility the Ordinance was prepared and presented to Vs, (a matter very evi­dent in the Petitions and Messages concerning it) and Our refusall to give Our consent, not­withstanding the severall reasons offered of the necessity thereof, for the securing of Our Person, and the Peace and Safety of Our people, (whe­ther any such Reasons were given, the weight of them, and whether they were not clearly and can­didly answered by Vs, the world will easily judge) that they were at last necessitated to make an Or­dinance by Authority of both Houses, to settle the Militia, warranted thereunto by the Fundamentall Laws of the Land: But if that Declaration had indeed intended to have answered Vs, it would have told Our good Subjects what those Fun­damentall Laws of the Land are, and where to be found; And would at last have mentioned one Or­dinance from the first beginning of Parliaments to this present Parliament, which endeavoured to impose any thing upon the Subject without the [Page 6]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 [Page 7]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 [Page 8]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 [Page 9]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, [Page 10]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 [Page 11]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.

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