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
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
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
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
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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
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.