The Humble PETITION Of The Lords and Commons assembled in Parliament.
Presented to His MAJESTIE at York, the 17 of June, 1642.
With His MAJESTIES Answer thereunto.
Printed by his Majesties speciall command At CAMBRIDGE, By ROGER DANIEL Printer to the famous Universitie. 1642.
❧ TO THE KINGS MOST EXCELLENT MAJESTIE: The humble Petition of the Lords and Commons in Parliament assembled.
YOur Majesties most humble and faithfull Subjects, the Lords and Commons assembled in Parliament, have lately received a Petition from a great number of the Gentry, Freeholders, and other Inhabitants of the Countie of York, assembled there, by Your Majesties Command, the third of June; wherein they declare unto Us, That having taken a Resolution to addresse themselves unto your Majestie, in the humble way of a Petition for the redresse of those Grievances which they now lie under, they were violently interrupted and affronted therein by the Earl of Linsey, the Lord Savile, and others; and, notwithstanding all the means they could use to present their just desires to your Majestie, yet they could not prevail with your Majestie to accept of their Petition, the Copie whereof they have sent to Us, with an humble desire, That we would take such course therein, as may tend to the preservation of [Page 2]their Liberties, and the Peace of the Kingdome; and that we would addresse our selves to your Majestie in their behalf, that by our means their desires may find better acceptation with your Majestie. Whereupon, having seriously weighed and considered the particulars of those their complaints and desires, as they are laid down in their Petition, and finding that the Grievances they complain of, are the increase of the miseries formerly sustained by that County (which hath well-nigh, for three years last past, been the tragicall Stage of Armies and Warre) by reason of your Majesties distance in Residence, and difference in Councels from your great Councel, the Parliament, begetting great distempers and distractions throughout the Kingdome, and especially in that Countie; The drawing to those parts great numbers of discontented persons, that may too justly be feared, do affect the publick ruine for their private advantage; The drawing together of many Companies of the Trained Bands, and others both Horse and Foot of that Countie, and retaining multitudes of Commanders and Cavaliers from other parts; The daily resort of Recusants to your Majesties Court at York; The great preparations of Arms, and other warlike Provisions, to the great terrour and amazement of your Majesties peaceable Subjects, and causing a great decay of Trade and Commerce amongst them; All and every of which particulars are against the Law, which your Majestie hath made so many, and so frequent professions to uphold and maintain: And the Lords and Commons finding, on the other side, their humble desires to be, That your Majestie would hearken to your Parliament, and declining all other Councels whatsoever, unite your Confidence to your Parliament; And that your Majestie would not divide your Subjects joynt-duty to your Majesty, the Parliament and [Page 3]Kingdome, nor destroy the essence of your great Councel and highest Court, by subjecting the Determinations and Counsels thereof to the counsels and opinions of any private persons whatsoever; That your Majesty having passed an Act, That this Parliament shall not be dissolved but by Act of Parliament, your Majesty would not do any thing tending thereunto, by commanding away the Lords and great Officers, whose attendance is necessary thereunto; That your Majesty having expressed your confidence in the Affections of that County, you would please to dismisse your extraordinary Guards, and the Cavaliers, and others of that quality, who seem to have little interest or affection to the publick good, their language and behaviour speaking nothing but division and warre, and their advantage consisting in that which is most destructive to others: And lastly, That in such Consultations and Propositions as your Majesty maketh to that County, such may not be thrust upon them, as Men of that County, that neither by their Fortune or Residence are any part of it: All which their humble and most just desires, being according to Law, which your Majesty hath so often declared should be the Measure and Rule of your Government and Actions: And we, your Majesties most faith [...]full Subjects the Lords and Commons fully concurring with the Gentlemen and others of the County of York, in their Assurance that those desires of theirs will abundantly redound to the Glory of God, the honour and safety of your Majesty, the good of your Posterity, and the Peace and prosperity of this Kingdome:
We humbly beseech your Majesty gratiously to hearken unto them, and to grant them; And that you would joyn with your Parliament in a speedy and effectuall course for the preservation of their Liberties, and the Peace of the Kingdome; [Page 4]which duty, as we are now called upon by that County to discharge, so do we stand engaged to God and Man for the performance thereof, by the Trust reposed in us, and by our solemn Vow and Protestation. And your Majesty, together with us, stands engaged by the like Obligation or Trust, and of an Oath, besides the many and earnest Professions and Protestations, which your Majesty hath made to this purpose to your whole Kingdome in generall, and to that County in particular, the Peace and quiet of the Kingdome, (as is well observed by those Gentle-men, and Free-holders of York-shire, in their Petition) being the onely visible means, under God, wherein consists the Preservation of the Protestant Religion, the Redemption of our brethren in Ireland, and the happinesse and prosperity of your Majesty, and of all your Dominions.
¶ His MAjESTIES Answer to the aforesaid Petition.
HIs Majestie having carefully weighed the matter of this Petition, presented to Him at York, on Friday the seventeenth of June, by the Lord Howard, Sir Hugh Cholmcley, and Sir Philip Stapleton, though he might referre the Petitioners to his two last Declarations, wherein most of the particulars of this Petition are fully answered, or might refuse to give any Answer at all, till He had received satisfaction in those high Indignities He hath so often complained of, and demanded Justice for: Yet that all the world may see how desirous His Majestie is to leave no Act, which seems to carry the Reputation of both His Houses of Parliament, and in the least degree to reflect upon His Majesties Justice and Honour unanswered, He is graciously pleased to return this Answer:
THat if the Petition mentioned to be presented to both Houses of Parliament, had been annexed to this now delivered to Him, His Majestie might have discerned the number and the qualitie of the Petitioners, which His Majestie hath great reason to believe, was not in truth so considerable as is pretended; for his Majestie assures you, That He hath never refused any Petition so attested as that would be thought to be. But His Majestie well remembers, That on the third of June, when there was, upon His Majesties Summons, the greatest and the most chearfull concourse of people that ever was beheld of one County, appearing before Him at York, a Gentleman (one Sir Thomas Fayrefax) offered, [Page 6]in that great Confluence, a Petition to His Majestie, which His Majestie seeing to be avowed by no man but himself, and the generall and universall Acclamations of the people seeming to disclaim it, did not receive, conceiving it not to be of so publick a nature as to be fit to be presented or received in that place: And His Majestie is most consident (and in that must appeal to those who were then present) that what ever the substance of that Petition was, it was not consented to by any considerable number of Gentry or Freeholders of this Countie; but solicited by a few, mean, inconsiderable persons, and disliked and visibly discountenanced by the great body of the known Gentrie, Clergie, and Inhabitants of this whole County. And if the matter of that Petition were such as is suggested in this, His Majestie hath great reason to believe it was framed and contrived (as many others of such nature have been) in London, not in Yorkshire. For sure no Gentleman of quality and understanding, of this Countie, would talk of his great preparations of Arms, and other warlike Provisions, to the great terrour and amazement of His peaceable Subjects, when they are witnesses of the violent taking His Arms from Him, and stopping all wayes for bringing more to Him; And if there were no greater terrour and amazement of His Majesties peaceable Subjects in other places by such preparations and provisions, there would be no more cause to complain of a great decay of Trade and Commerce there, then is in this place: But His Majestie hath so great an assurance of the fidelity and generall affections of His good Subjects of this County (which He hopes will prove exemplar over His whole Kingdome) that He hath great cause to believe, That they do rather complain of His Majesties confidence, and of His slownesse, that whilst there is such endeavour abroad to raise Horse, and to provide Arms against His Majestie, and that endeavour put in execution, [Page 7]His Majestie trusts so much to the Justice of His cause, and the affections of his people, and neglects to provide strength to assist that Justice, and to protect those affections. For any affronts offered by the Earl of Lindsey and the Lord Savile, to those who intended to petition His Majestie, His Majestie wishes that both His Houses of Parliament would have examined that Information, and the credit of the Informers, with that gravity and deliberation, as in cases which concern the Innocence and Honour of persons of such qualitie hath been accustomed, before they had proscribed two Peers of the Realm, and exposed them (as much as in them lay) to the rage and fury of the people, under the Character of being Enemies to the Commonwealth, a brand newly found out (and of no legall signification) to incense the people by, and with which the simplicity of former times was not acquainted: And then His Majestie hath some reason to believe they would have found themselves as much abused in the report concerning those Lords, as he is sure they are in those which tell them of the resort of great numbers of discontented persons to Him, and of the other particulars, mentioned to be in that Petition: Whereas they who observe what resort is here to His Majestie, well know it to be of the prime Gentlemen of all the Counties in England, whom nothing but the love of Religion, the care of the Laws and Liberties of the Kingdome, besides their affection to His Person, could engage into great journeys, trouble, and expence, men of as precious reputation, and as exemplary lives as this Nation hath any; whole assistance His Majestie knows He must not exped, if He should have the least designe against Honour and Justice; and such witnesses His Majestje desires to have of all His actions.
For the declining all other Councels, and the uniting His Confidence to His Parliament, His Majesty desires both His [Page 8]Houses of Parliament seriously and sadly to consider, That it is not the name of a great or little Councel that makes the Results of that Councel Just or Unjust, Neither can the Imputation upon His Majesty, of not being advised by His Parliament, (especially since all their Actions, and all their Orders are exposed to the publick view) long mis-lead His good Subjects, except in truth they see some particular found Advice, necessary to the Peace and Happinesse of the Common-wealth, dis-esteemed by His Majesty; and such an Instance He is most assured, neither can, nor shall be given: And that they will think it merit in His Majesty, from the Common-wealth, to reject such Counsel as would perswade Him to make Himself none of the Three Estates, by giving up His negative voice, to allow them a Power superiour to that which the Law hath given Him, whensoever it pleaseth the Major part, present, of both Houses, to say, That He doth not discharge His Trust, as He ought, and to subject His, and His Subjects unquestionable Right and Proprietie to their Votes, without, and against Law, upon the meer pretence of necessity. And His Majesty must appeal to all the world, who it is that endeavours to divide the joynt-duty of His Subjects; His Majesty, who requires nothing but what their own duty, guided by the infallible Rule of the Law, leads them to do; or they, who by Orders and Votes (opposite and contradictory to Law, Custome, President, and Reason) so confound the Affections and Vnderstandings of His good Subjects, that they know not how to behave themselves with Honesty and Safety, whilest their Conscience will not suffer them to submit to the one, nor their Security to apply themselves to the other.
It is not the bare saying, That His Majesties Actions are against the Law (with which he is reproched in this Petition, as if He departed from His often Protestations to that purpose [Page 9]must conclude Him, there being no one such particular in that Petition alledged, of which His Majesty is in the least degree guilty: Whether the same reverence and esteem be paid by you to the Law, (except your own Votes be judge) needs no other evidence then those many, very many Orders published in print, both concerning the Church and State, those long imprisonments of severall persons, without hearing them, upon generall information, and the great unlimited Fees to your Officers, worse then the imprisonment, and the Arbitrary Censure upon them when they are admitted to be heard; let the Law be judge by whom it is violated.
For that part of the Petition which seems to accuse His Majesty of a purpose to dissolve this Parliament (contrary to the Act for the Continuance) by commanding away the Lords and great Officers, whole attendance is necessary, which His Majesty well knows to be a new Calumnie, by which the grand Contrivers of ruine for the State, hope to seduce the minds of the People from their Affection to, or into Jealousie of his Majesty, as if He meant this way to bring this Parliament (which may be the case of all Parliaments) to nothing: It is not possible for His Majesty more to expresse his Affection to, and his Resolution for the Freedome, Liberty, and frequency of Parliaments, then He hath done: And who ever considers how visible it must be to His Majesty, That it is impossible for Him to subsist, without the Affections of His people, and that those Affections cannot possibly be preserved, or made use of, but by Parliaments, cannot give the least credit, or have the least suspicion, that his Majesty would chuse any other way to the happinesse He desires for Himself and His Posterity, but by Parliaments.
But for His calling the Lords hither, or any others absenting themselves, who have not been called; whoever considers the Tumults (which no Votes or Declaration can make [Page 10]to be no Tumults) by which His Majestie was driven away, and many Members of either House in danger of their lives; The demanding the names of those Lords who would not consent to their Propositions by Message from the House of Commons, delivered at the Barre by Matter Hollis, with that most tumultuous Petition in the name of many thousands (among many other of the same kinde) directed to the House of Commons, and sent up by them to the House of Lords, taking notice of the prevalencie of a Malignant faction which made abortive all their good Motions, which tended to the Peace and Tranquilitie of the Kingdome, desiring, That those noble Worthies of the House of Peers, who concurred with them in their happy Votes, might be earnestly desired to joyn with that honourable House, and to sit and Vote as one entire Body; professing. That unlesse some speedie remedie were taken for the removall of all such Obstructions as hindred the happy progresse of their great endeavours, their Petitioners should not rest in quietnesse, but should be inforced to lay hold on the next remedy which was at hand to remove the disturbers of their Peace, and (want and necessitie breaking the bounds of modestie) not to leave any means unassayed for their relief; Adding, that the cry of the poore and needy was, That such persons who were the Obstacles of their peace, and hinderers of the happy proceedings of this Parliament, might be forthwith publickly declared, whose removall, they conceived, would put a period to these distractions, Upon which, a great number of Lords departing, the Vote, in order to the Ordinance concerning the Militia, was immediately passed, though it had been twice before put to the question and rejected by the Votes of much the major part of that House. And who ever considers the strange Orders, Votes and Declarations which have since passed, to which whosoever would not consent, [Page 11]that is, with freedome and libertie of Language professe against, was in danger of censure and imprisonment, will not blame Our care in sending for them, or theirs in coming, or absenting themselves from being involved in such Conclusions. Neither will it be any objection that they stayed there long after any tumults were, and therefore that the tumults drave them not away. If every day produced Orders and Resolutions as illegall as, and indeed, but the effects of the tumults, there was no cause to doubt the same power would be ready to prevent any opposition to those Orders after they were made, which had made way and preparation for the proposition of them, and so whosoever conceived himself in danger of future tumults (against which there is not the least provision) was driven away by those which were past. And his Majestie hath more reason to wonder at those who stay behind, after all His legall Power is voted from him, and all the people told, That He might be with modesty and duty enough deposed, then any man hath at those who have been willing to withdraw themselves from the place where such desperate and dangerous Positions are avowed. Which his Majestie doth not mention, with the least thought of lessening the power or validity of any Act to which He hath given his Assent this Parliament, al & every of which He shall as inviolably observe, as He looks to have his own rights preserved, but to shew by what means so many strange Orders have of late been made; & to shew how earnestly his Majestie desires to be present at, and receive advice from both Houses of Parliament, (against whom it shall never be in the power of a Malignant party to incense his Majestie) his Majestie again offers his Consent, That both Houses may be adjourned to another place which may be thought convenient, where his Majestie will be present, and doubts not but the Members of either House will make a full Appearance, and even [Page 12]the intermission which must attend such an adjournment, may not be the least means of recovering that temper which is necessary for such debates.
And this His Majestie conceives to be so very necessary, that if the Minds and Inclinations of every Member of either House were equally composed, the Licence is so great, that the mean People about London and the Suburbs have taken, that both for the Libertie and Dignitie of Parliament, that Convention for a time should be in another place. And sure, how much soever the safety and security of this Kingdome depends on Parliaments, it will never be thought, that those Parliaments must of necessitie be at Westminster.
His Majesties Confidence is no lesse then He hath expressed, (and hath great Cause to expresse) in the Affections of this County, an instance of which Affections all men know, His Guard (which is not extraordinary) to be, and wonders that such a Legall Guard, at His own charge, for His Person, (within twenty Miles of a Rebellion, and of an Armie in Pay against Him) should be objected by those, who for so many Moneths, and in a Place of known, and confessed Securitie, have without and against Law, kept a guard for themselves, at the Charge of the Common-wealth, and upon that stock of money which was given for the Relief of the miserable & bleeding Condition of Ireland, or the payment of the great debt due to Our Kingdome of Scotland.
For the Resort of Papists to the Court, his Majesties great Care for the prevention thereof, is notoriously known; That when he was informed two or three of His intended Guard were of that Religion, He gave speciall direction, with expressions of His displeasure, That they should be immediately discharged, and provided that no Person should attend on Him under that Relation, but such as took the Oaths of Allegiance and Supremacy; That He commanded the Sheriffe [Page 13]to proceed with all severity, according to the Law, against all Papists that should come within five Miles of the Court; and if, notwithstanding this, there be any Papists near the Court, (which his Majesty assures you He knows not, nor hath heard, but by this Petition) He doth hereby command them to depart; and declares to all Officers and Ministers of Justice, that they shall proceed strictly against them, according to the Law, and as they will answer the contrary at their perils.
For the language and behaviour of the Cavaliers (a word, by what mistake soever it seems, much in disfavour) there hath not been the least Complaint here; and therefore 'tis probable the fault was not found in this County. Neither can his Majesty imagine what is meant by the mention of any men thrust upon them, in such Consultations and Propositions as his Majesty makes to this County, who are neither by their Fortune or Residence any part of it, and therefore can make no Answer to it.
To conclude, his Majesty assures you, He hath never refused to receive any Petition, (whether you have or no, your selves best know) and wills you to consider what reputation it will be to you of Justice or Ingenuity to receive all Petitions, how senselesse and scandalous soever, of one kind, under the pretence of understanding the good peoples minds and affections, and not onely refuse the Petition, but punish the Petitioners of another kind, under colour, That it is a Crime, That they are not satisfied with your sense; as if you were onely trusted by the people of one opinion, to take all pains to publish and print Petitions which agree with your wishes, though they were never presented, and to use the same Industry and Authority to keep those that indeed were presented and avowed, from being published (though by Our own Authority) because the Argument is not pleasant to you; to pretend [Page 14]impartiality a [...] infallibility, and to expresse the greatest Passion and Affection in the Order of your Proceeding, and no lesse errour and misunderstanding in your Judgements and Resolutions.
He doth remember well the Obligation of his Trust, and of his Oath, and desires that you will do so too, and your own solemn Vow and Protestation, and then you will not onely think it convenient, but necessary to give his Majesty a full reparation for all the Scandals laid upon him, and all the scandalous Positions made against him; and that it is lesse dishonour to retract Errours, then by avowing to confesse the Malice of them, and will see this to be the surest way for the preservation of the Protestant Religion, the redemption of your Brethren in Ireland, the happinesse and prosperity of your selves, and all our Dominions, and of the dignity and freedome of Parliament.