THough whosoever looks over the late Remonstrance, intituled, A De­claration of the Lords and Commons, of the 26. of May, will not think We have much reason to be pleased with it; yet We cannot but com­mend the plain dealing and ingenuity of the Framers and Contrivers of that Declaration (which hath been wrought in a hotter and quicker Forge then any of the rest) who would no longer suffer Us to be affronted, by being told, They would make Vs a great and glorious King, whilest they used all possible skill to reduce Us to extreame Want and Indigency; and that They would make Vs to be loved at home and feared abroad, whilest they endeavoured by all possible wayes, to render Us odious to Our good Subjects, and contemptible to all forreign Princes; but, like Round-dealing men, tell Us in plain English, That they have done Us no wrong, because We are not capable of receiving any; and That they have taken nothing from Us, because Wee had never any thing of Our owne to lose: If this Doctrine be true, and that indeed We ought to be of no other consideration, then they have informed Our people in that Declaration; that Gentleman is much more excusable, that said publikely (unreproved) That the happinesse of this Kingdome doth not depend on Vs, or upon any of the Royall Branches of that Root; And the other, who said, We were not worthy to be King of England: Language very monstrous to be allowed by either House of Parlia­ment, and of which, by the help of God and the Law, We must have some Exa­mination. But We doubt not, all Our good Subjects do now plainly discern, through the Mask and Visard of their hipocrisie, what their Designe is, and will no more look upon the Framers and Contrivers of that Declaration, as upon both Houses of Parliament (whose freedom and just Priviledges Wee will alwaies maintain, and in whose behalf We are as much slandered as for Our Self) but as a Faction of Malignant, Schismaticall, and Ambitious Persons, whose designe is, and alwaies hath been, to alter the whole frame of Government both of Church and State, and to subject both King and People to their own Lawlesse, Arbitrary power and Government; of whose Persons, and of whose Designe, We shall, within a very short time, give Out good Subjects, and the world a full, and (We hope) a satisfactory Narration.

The Contrivers and Penners of that Declaration (of whom We would be one­ly understood to speak, when Wee mention any of their undutifull acts against Us) tell you, That the great Affaires of this Kingdom, and the miserable and blee­ding condition of the Kingdom of Ireland, will afford them little leisure to spend their time in Declarations, Answers and Replies; Indeed, the miserable and de­plorable condition of both Kingdoms would require somewhat else at their hands: But We would gladly know, how they have spent their time since their Recesse [Page 3](now almost eight moneths) but in Declarations Remonstrances and Invectives against Vs and Our Government, or in preparing matter for them: Have We in­vited them to any such expence of time, by beginning Arguments of that nature: Their leisure, or their Inclination is not as they pretend: And what is their Prin­ting and Publishing their Petitions to Vs, their Declarations and Remonstrances of Us, their odious Votes, and Resolutions, sometimes of one, sometimes of both Houses, against Us (never in this manner communicated before this Parliament) but an Appeale to the People? And, in Gods Name, let them judge of the Per­sons they have trusted,

Their first Quarrell is (as it is alwayes, to let them into their franck Expressi­ons of Vs and Our Actions) against the Malignant Party, whom they are plea­sed stil to call, and never to prove, to be Our evill Counsellors; but indeed, no­thing is more evident by their whole Proceedings, then that by the Malignant Party, they intend all the Members of both Houses, who agree not with them in their Opinion (hence have come their distinction of good and bad Lords, of Per­sons ill affected of the House of Commons, who have bin proscribed, and their Names Listed and read in Tumults) and all the Persons of the Kingdome, who approve not of their actions; So that if, in truth, they would be ingenuous, and name the Persons they intend, who would be the Men (upon whom that Impu­tation of Malignity would be cast) but they, who have stood stoutly and immu­tably for the Religion, the Liberties, the Lawes, for all publike Interests (so long as there was any to be stood for) they, who have alwayes beene, and are as zea­lous Professors, and (some of them) as able and earnest Defendors of the Prote­stant Doctrine against the Church of Rome, as any are; who have often and ear­nestly besought Vs to consent, that no Indifferent and Vnnecessary Ceremony might be pressed upon weake and tender Consciences, and that Wee would agree to a Bill for that purpose; they, to whose Wisdome, Courage, and Councell, the Kingdome oweth as much, as it can to subjects; and upon whose unblemi­shed Lives, Envy it selfe can lay no Imputation, nor endeavoured to lay any, un­till their Vertues brought them to Our Knowledge and Favour. Let the Contri­vers of this Declaration be faithfull to themselves, and consider all those Persons of both Houses, whom they, in their Consciences, know to dissent from them in the Matter and Language of that Declaration, and in all those undutifull actions, of which we complaine: and will they not be found in Honour, Fortune, Wis­dome, Reputation, and Weight (if not in number) much Superiour to them? So much for the Evill Councellors: Now, what is the Evill Councell it selfe? Our comming from London, (where We, and many, whose affections to Vs are very eminent, were in danger every day to be torne in peices) to Yorke, where We, and all such who will put themselves under Our Protection, may live (Wee thanke God, and the loyalty and affection of this good people) very securely; Our not submitting Our Selfe absolutely (and renouncing Our owne Vnderstan­ding) to the Votes and Resolutions of the Contrivers of that Declaration, when they tell Vs, They are above Vs, and may (by our owne Authority) doe with Vs [Page 4]what they please; and Our not being contented, that all Our good subjects Lives and Fortunes shall be disposed of by their Votes, but by the knowne Law of the land: This is the evill Councell given and taken: And will not all Men beleeve there needs much power and skil (of the Malignant Party) to infuse this 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, [Page 5]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 [Page 6]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: What then? Many men have no authority to Let or Set their Leases, or sell their Land; have they therefore no Title to them, or Interest in them? May they be taken from them, because they cannot sell them? The purpose of Our Iourney to Hull, was, neither to sell it, o [...] give it away.

But for the Magazine, the M [...]ition there, that We bought with our own Mo­ney; We might surely have sold that, lent, or given it away. No; We bought it with the publike Money; and the proof is, They conceive it so; and upon this conceit have Voted, That it shall be taken from Vs: Excellent Iustice! Suppose We had kept this Money by Vs, and not bought Arms with it, would they have taken it from Vs upon that conceit? Nay, may they not wheresoever this Money is (for through how many hands soever it hath passed, it is the publike Money still, if it ever were) seize it and take it from the Owners? But the Towns, Forts, Magazine, and Kingdom is intrusted to Vs, and We are a Person trusted; We are so, God and the Law hath trusted Vs; and We have taken an Oath to discharge that trust for the good and safety of Our people: What Oaths they have taken, We know not, unlesse those which, in this violence, they have manifestly, maliciously violated. May any thing bee taken from a man, because he is trusted with it? Nay, may the person himself take away the thing he trusts, when he will, and in what manner he will? The Law hath been otherwise, and We beleeve will be so held, notwithstanding their Declarations.

But, This trust ought to be managed by their advice, and the Kingdom hath trusted them for that purpose: Impossible! That the same trust should be irrevocably com­mitted to Vs and our Heirs for ever, and the same trust, and a power above that trust (for such is the power they pretend) be committed to others: Did not the people that sent them, look upon them as a Body but Temporary, and dissoluble at Our Pleasure: And can it be beleeved, that they intended them for Our Guar­dians and Comptrollers in the managing of that Trust, which God and the Law hath granted to Vs and Our Posterity for ever? What the extent of their Com­mission and Trust is, nothing can better teach them, then the Writ whereby they are met. We called them (and without that call they could not have come to­gether) to be Our Counsellors, not Commanders; (for however they frequently confound them, the Offices are severall) and Councellors, not in all things, but in some things; De quibusdam arduis, &c. And they will easily find amongst their Presidents, that Queen Elizabeth, (upon whose Time all Good Men look with Reverence) committed one Wentworth, a Member of the House of Commons, to the Tower (sitting the House) but for proposing, That they might advise the [Page 7]Queen, in a matter she thought they had nothing to do to meddle in: But We are trusted: and are We the onely Person trusted? And may they do what their own inclination and fury leads them to? Were not they trusted by Vs, when We first sent for them; and were they not trusted by Vs, when We passed them Our pro­mise, That We would not dissolve them? Can it be presumed (and presumptions go far with them) that We trusted them with a Power to destroy Vs, and to dis­solve Our Government and Authority? If the people might be allowed to make an equitable construction of the Laws and Statutes (a Doctrine avowed by them) would not all Our good Subjects swear, We never intended by that Act of con­tinuance, that they should do what they have since done? Were they not trusted by those that have sent them? And were they trusted to alter the Government of Church and State, and to make themselves perpetuall Dictators over the King and People? Did they intend that the Law it self should be subject to their Votes, and that whatsoever they say or do, should be lawfull, because they de­clare it so? The Oaths which they have taken, who sent them, and without taking which, themselves are not capable of their place in Parliament, makes the one un­capable of giving, and the other of receiving such a trust; unlesse they can per­swade our good Subjects; That We are the onely supreme Head and Gover­nour in all causes, and over all persons, within Our Dominions; and yet that they have a power over Vs to constrain Vs to manage Our Trust, and govern Our Power, according to their discretion.

The Contrivers of that Declaration tell Vs, that they will never allow Vs (an humble and dutifull Expression) to be Iudge of the Law; that belongs onely to them; they may, and must judge and declare. We all know what Power the Pope, under the Pretence of Interpreting Scriptures, and declaring Articles of Faith (though he decline the making the one or the other) hath usurped over mens consciences; and that under colour of having Power of Ordering all things for the good of mens Souls, he Entiles himself to all the Kingdoms in the World. We Will not accuse the Framers of this Declaration (how bold soever they are with Vs) that they incline to Popery; of which another Maxime is, That We must submit Our Reason and Vnderstanding (and the Scripture it Self) to that Decla­ring Power of his: Neither will We tell them (though they have told Vs so) that they use the very language of the Rebels of Ireland: and yet they say those Rebels Declare, That whatsoeuer they do, is for the Good of the King and King­doin: But Our good Subjects will easily put the Case to themselves, Whether, if the Papists in Ireland in truth were, or by Art or Accident had made themselves the Major Part of both Houses of Parliament there, and had pretended the Trust (in that Declaration) from the Kingdom of Ireland; thereupon had Voted their Religion and Liberty to be in danger of extirpation from a Malignant Party of Protestants and Puritanes; and therefore, that they should put themselves into a Posture of defence; That the Forts and Militia of that Kingdom were to be put into the hands of such persons as they could confide in; That We were indeed trusted with the Towns, Forts, Magazines, Treasures, Offices, and People of the [Page 8]Kingdom, for the Good, and Safety, and best Advantage thereof: But as this trust is for the use of the Kingdom, so it ought to be managed by the Advise of both Houses of Parliament, whom the Kingdom had trusted for that purpose; it being their duty to see it discharged, according to the Condition and true Intent thereof, and by all possible means to prevent the contrary: We say, Let all Our good Subjects consider, If that Rebellion had been plotted with this Formality, and those Circumstances, declared to be legall (at least, according to the equitable sense of the Law) and to be for the publike good, and justifiable by necessity (of which they were the onely Judges) Whether, though they might have thought their Designe the more cunning, they would beleeve it 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.

Let all the world judge, whether such Doctrine, or such Conclusions as these Men teach, can follow, or have the least pretence from this Oath.

For the Preamble of the Statute, (they cite) that tels us, That the King is bound to remedy by Law, the Mischiefes and Dammages which happen to His people; He is so: But is the King bound, by the Preamble of that Statute, to renounce his owne judge­ment, His owne understanding, in these Mischiefes, and of those remedies? How farre forth He is obliged to follow the judgement of His Parliament, that Declara­ration still confesseth to be a question: without question, none can take upon them to remedy, even mischiefes, but by Law, for feare of greater mischiefes then those they goe about to remedy.

But Wee are bound in Justice, to consent to their proposalls, because there is a Trust re­posed in Vs to preserve the Kingdome, by making new Lawes: VVe are glad there is so; Then we are sure no new Lawes can be made without Our consent, and that the gen­tlenesse of our Answer, Le Roys' avisera, if it be no denyall, is no consent, and then the matter is not great. They will allow Vs yet A greater latitude of granting or de­nying, as We shall thinke fit, in publike Acts of Grace, as Pardons, or the like Grants of [Page]Favour: why doe they so? If those Pardons and publike Acts of Grace, be for the publike good (which they may Vote they are) they will then be absolutely in their owne disposall: But have they left Vs this power? They have sure, at least, shared it with Vs: How else have they got the power to pardon Sergeant-major-Generall Skippon (a new Officer, of State, and a Subject, we have no authority to sent to speak with) and all other persons imployed by them, and such as have imployed them­selves for them, not onely for what they have done, but for what they shall doe? If they have power to declare such Actions to be no Treason, which we would not par­don, and such Actions to be Treason, which needs no pardon, the Latitude they al­low Vs, of granting or denying of Pardons, is a Jewell they may still be contented to suffer Vs to weare in our Crowne, and never thinke themselves the more in danger.

All this considered; The Contriver of that Message (since they will afford him no better Title) whom they are angry with, doth not conceive the people of this Land to be so void of common sense, as to beleeve Vs (who have denyed no one thing for the ease and benefit of them, which in Justice or Prudence could be asked; or in honour and conscience could be granted) to have cast off all care of our Sub­jects good; and the Framers and Devisers of that Declaration (who have endeavou­red to render us odious to our Subjects, and them disloyall to us, by pretending such a trust from them) to have onely taken it up: Neither (we are confident) will they be satisfied, when they feele the misery and the Burthens, which the fury and the ma­lice of those people will bring upon them, with being told that Calamity proceeds from evill Councellors, whom no body can name; from Plots and Conspiracies, which no man can discover; and from Feares and Jealousies, which no man under­stands: And therefore, that the consideration of it, be left to the Conscience, Rea­son, Affection, and Loyalty of Our good Subjects, who doe understand the Govern­ment of this Kingdome, we are well content.

Where will the folly and madnesse of these people end? who would have our people beleeve, that our absenting our self from London (where, with our safety, we could not stay) and the continuing Our Magazine at Hull, proceeds from the secret plots of the Papists here, and to advance the designes of the Papists in Ireland: But it is no wonder, that they, who can beleeve Sir Iohn Hothams shutting us out of Hull to be an act of affection and loyalty, will beleeve that the Papists, or the Turks, perswaded us to go thither.

An (can any sober man think that Declaration to be the consent of either, or both Houses of Parliament, unaltered either by Fraud or Force, which (after so many Thanks and humble Acknowledgement of our gratious favour in our Message of the 20. of January so often and unanimously presented unto us from both Houses of Par­liament (tells us that the Message at first was, and (as often as it hath been since mentioned by us) hath been a breach of Priviledge (of which they have not used to be so negligent, as in four moneths not to complain, if such a breach had been) and that the way and method of proceeding should not be proposed to them, as if we had onely authority to call them together, none to tell them what they were to do, not so much as with reference to our own affairs: what their own Method hath been, and whither it hath led them, and brought the Kingdom, all men see; what ours would have been, if seasonably and timely applied unto, let all men judge. We will speak no more of it.

But see now what excellent Instances they have found out to prove an Inclinati­on, if not in Vs, in some about Vs, to civill warre: Their gving with Vs to the House of Commons (so often urged, and so fully answered) Their attending on Vs to Hampton Court; and appearing in a warlike manner at Kingston upon Thames; Our going to Hull; Their drawing their Swords at York, demanding, Who world be for the King; the declaring Sir Iohn Hotham Traitor, before the Message sent to the Parliament; the Propositions to the Gentry in Yorkshire, to assist Vs against him, before We had received an answer from the Parliament: All desperate Instances of an Inclination to a civill warre; Examine them againe: The manner and intent of Our going to the House of Commons, Wee set forth at large in Our Answer to their Declaration of the nineteenth of May; let all men judge. Next, Doe these men themselves beleive (to what purpose soever that Rumour hath served their turns) that there was an Apparence in warlike man­ner at Kingston upon Thames? Doe they not know, that whensoever Wee have been at Hampton Court, since Our first comming to the Crowne, there was never a lesse Apparence, or in a lesse warlike manner then at the time they meane: Wee shall say no more, But that Our Apparence, in a warlike manner, at Kingston upon Thames, and theirs at Kingston upon Hull, is very different. What is meant by the drawing of swords at York, and demanding, who would be for the King, must bee inquired at London, for We believe very few in York understand the meaning of it. For Our going to Hull (which they will by no meanes endure shall be called a Visit) whether it were not the way to prevent, rather then to make a Civill Warre, is very obvious: And the declaring him a Traitor, in the very Act of his Treason, will never be thought un­seasonable, but by those, who believe him to be a loving and loyall Subject; no more then the endeavouring to make the Gentlemen of this County sensible of that Treason (which they are, in an honourable and dutifull degree) before We received Our Answer from both Houses of Parliament: For if they had been (as We expected they should have been) sensible of that intollerable injury offered to Vs; might not We have had occasion to have used the affection of these Gentleman? Were we sure that Sir John Hotham, who had kept Vs out, without their Order (Wee speake of a publike Order) would have let Vs in when they had bidden him? And if they had not such a sense of Vs (as the Case falls out to be) had We not more reason to make Pro­position to those Gentlemen, whose readinesse and affection We, or Our Posterity, shall never forget?

But this businesse of Hull sticks still with them, and finding Our Questions hard, they are pleased to Answer Vs by asking Vs other Questions: No matter for the Ex­ceptions against the Earle of Newcastle, (which have beene so often urged, as one of their principall Grounds of their Feares and Iealousies, and which drew that Que­stion from us) they aske Vs, Why, since We held it necessary that a Governour should bee placed in Hull, Sir Iohn Hotham should be refused by Vs, and the Earle of Newcastle sent downe? We answer, Because we had a better Opinion of the Earle of Newcastle, then of Sir Iohn Hotham, and desired to have such a Governour over Our Townes, (if Wee must have any) as should keep them for, and not against Vs: And if his going downe were in a more private way, then Sir John Hothams, it was because We had that Au­thority to make a noyse, by Leavying and Billetting of Souldiers in a peaceable Time, upon Our good Subjects, as it seems Sir John Hotham carried downe with him: And the Imputation which is cast by the way upon that Earle, to make his Reputation [...] [Page] thought was not Ground enough for a Judiciall Proceeding, (it is wonder it was not) was yet Ground enough of Suspition, must be the Case of every Subject in England (and we wish it went no higher:) If every vile Aspertion contrived by unknowne hands, upon unknown or unimaginable Grounds (which is the way practised to bring any vertuous and deserving men into obloquy) shall receive the least credit or coun­tenance in the world.

They tell us their Exception to those Gentlemen, who delivered their Petition to to us at York, was, That they presumed to take the stile upon them of all the Gentry and In­habitants of that County, whereas (they say) so many more of as good Quality as them­selves, of that County, were of another opinion; and have since, by their Petition to Vs, disa­vowed that Act: Their Information, in that point, is no better then it useth to be, and and they will find, that neither the number, or the quality of those who have, or will disavow that Petition, are as they imagine; though too many weak persons are missed (which they doe, and will every day more understand) by the Faction, Skill, and In­dustry of that true Malignant Party, of which wee doe, and have reason to com­plaine: They say, they Have received no Petition of so strange a nature; what nature? Con­trary to the Votes of both Houses: that is, they have received no Petition they had no mind to receive: But we told them, and we tell them againe, and all our good Subjects will tell them, that they have received Petitions (with joy and approbation) against the votes of both Houses of their Predecessors, confirmed and established into Lawes, by the consent of Vs and our Ancestors, and allowed those Petitions to carry the Stile, and to seem to carry the desires o [...] Cities, Townes, and Counties, when of either Cit­ty, Towne, or County very few knowne or considerable persons have been privy to such Petitions: whereas, in truth, the Petitions delivered to Vs (against which they except) carried not the Stile of All, but Some of the Gentry and Inhabitants, and im­plyed no other consent, then such as went visibly along with it.

But we are all this while in a mistake The Magazine at Hull is not taken from us: Who told you so? They who assure you (and whom, without breaking their privi­ledges, you must believe) that Sir Lo: Hothams shutting the gates against us, and resisting our entrance with armed men (though we thought it in defiance of us) was indeed in obedience to us and our Authority, and for our Service, and the Service of the Kingdome. He was to let none in, but such as came with our Authority, signified by both Houses of Parlia­ment (himselfe and they had ordered it so) and therefore he kept us out, onely till We, or he might send for their directions. We know not whether the Contrivers of that De­claration meant that our good Subjects should so soone understand (though it was plain enough to be understood) the meaning of the Kings authority, signified by both ho [...]ses of Parliament: But sure the world will now easily discerne, in what mi­serable case we had, by this time, been ('tis bad enough as it is) if we had consented to their Bill, or to their Ordinance of the Mili ia, and given those men power to have raised all the Armes of the Kingdome against us (for the common good) by our owne Authority: would they not (as they have kept us from Hull) by this time have beaten us from York and pursued us out of the Kingdome, in our owne behalfe? Nay, may not this Munition (which is not taken from us) be imployed against us? Nor against our Authority, signified by both Houses of Parliament, but onely to kill those ill Coun­cellors, the Malignant Party, which is about us; and yet for our good, for the publike good (they will declare it so) and so no Treason within the Statute of 25. of Ed. the [...] hath left us (the King of England) absolutely [...] [Page]lesse provided for, in point of safety, then the meanest Subjest of the Kingdome; and every Subject of this Land (for whose security that Law was made, that they may know their duty, and their danger in breaking it) may bee made a Traytor, when these men please to say, He is so: But doe they think, that upon such an Inter­pretation (upon pretence of Authority of Book-Cases, and Presidents, which, with­out doubt, they would have cited, if they had been to their purpose) out of which no­thing can result, but confusion to King and people; will find any credit with our good Subjects? and that so excellent a Law made both for security of King and people) shall be so eluded, By an Interpretation, no learned Lawyer in England will at this houre (We believe) set under his hand, notwithstanding the Authority of that De­claration, which, wee hope, shall bring nothing but infamy upon the Contrivers of it.

Now to their priviledges: Though it be true they say, That their priviledges doe not extend to Treason, Felony, or breach of the Peace, so as to attempt Members from all manner of Proces and Triall, yet it doth priviledge them in the way or method of their Triall; the Cause must be first brought before them, and their Consent asked before you can proceed: Why then their priviledges extend as farre in these cases, as in any that are most unquestioned; for no priviledge whatsoever, exempts them from all manner of Proces and Triall, if you first acquaint the House with it, and they give you leave to proceed by those Proces, or to that Triall: But, by this Rule, if a Member of either House commit a Murther, you must, by no meanes, meddle with him, till you have acquainted that House (of which he is a Member) and received their direction for your proceeding; assuring your selfe, He will not stirre from that place where you left him, till you returne with their consent: Should it be otherwise, it would be in the power of every man, under pretence of Murther, to take one after another, and as many as he pleaseth, and so consequently bring a Parliament to what he pleaseth, when he pleaseth: If a Member of either House shall take a Purse at Yorke (he may as probably take a Purse from a Subject, as Armes against his King) you must ride to London to know what to doe, and he may ride with you, and take a new Purse every Stage, and must not be apprehended, or declared a Felon, till you have asked that House, of which he is a Member: Should it be otherwise, it might be in every mans power, to accuse as many Members as he would, of taking Purses, and so bring a Parliament (and so all Parliament,) to nothing. Would these men be beleeved? And yet they make no doubt But every one who hath taken the Protestation, will defend this Doctrine with his Life and Fortune. Will not Our Subjects beleeve, That they have imposed a pretty Protestation upon them, and that they had a very good end in the doing it, if it obligeth them to such hazards, to such undertakings? Must they forget or neglect Our Person, Ho­nour, and Estate, which by that Protestation they are bound to defend, and in some degree do understand; and must they onely venture their Lives and Fortunes, to ju­stifie Priviledges they know not, or ever heard of before? Or are they bound, by that Protestation, to beleeve, That the Framers of that Declaration, have power to extend their owne Priviledges, as farre as they think fit, and to contract Our Rights as much as they please, and that they are bound to beleeve them in either, and to ven­ture their Lives and Fortunes in that quarrell?

From Declaring how meane a person we are, and how much the Kingdom hath been mistaken in the underdanding of the Statute of 25. E. 3. concerning Treason; and that all men need not fear leavying War against us, so they have their order to [Page]warrant them; they proceed, in the spirit of declaring, to certifie our Subjects in the mistakings, which neer one hundred and fiftie years have been received, concerning the Statue of the eleventh year of H. 7. cap. 1. (a Stature our good Subjects will read with comfort) and tell them, that the serving of the King, for the time being, cannot be meant of Perkin Warbeck, or of any that should call himself King, but Such a one as is allowed and received by the Parliament in the behalf of the Kingdom; And are we not so allowed? However through a dark mist of words, and urging their old Priviledges (which we hope we have sufficiently answered, and will be every day more confu­ted by the actions of our good Subjects) they conclude, That those that shall guide themselves by the judgement of Parliament (which they say is their own) ought, what­soever happen, to be secure and free from all all account and penalties, upon the ground and equity of that very Statute. How far their own Chancellors may help them in that equitie, We know not, but (by the help of God, and that good Law) we shall allow no such equitie.

So then, here is the Doctrine of that Declaration, and these are the Positions of the Contrivers of it.

1. That they have an absolute power of declaring the Law, and that what soever they declare to be so, ought not to be questioned by our self, or any Subject: so that all Right and safety of us and our people must depend upon their pleasure.

2. That no Presidents can be limits to bound their proceedings: so they may do what they please.

3. That a Parliament may dispose of any thing, wherein the King or Subject hath a right, for the publike good; That they, without the King, are this Parliament, and Iudge of this publike good; and that our consent is not necessary: so, the life, and libertie of the Subject, and all the good Laws made for the security of them, may be disposed of, and repealed by the major part of both Houses, at any time present, and by any wayes and means procured so to be; and we have no power to protect them.

4. That no Member of either House, ought to be troubled or medled with, for Treason, Felony, or any other crime, without the cause first brought before them, that they may judge of the fact, and their leave obtained to proceed.

5. That the soeveraigne power resides in both Houses of Parliament, and that we have no negative voyce: so then we our self must be subject to their commands.

6. That the leavying of forces against te personall commands of the King (though accompanied with his presence) is not leavying war against the King; but the leavy­ing war against his Laws and authority (which they have power to declare and signi­fie) though not against his person, is leavying war against the King; and that Trea­son cannot be committed against his person, otherwise then as he is intrusted with the Kingdom, and discharging that trust, and that they have a power to judge whe­ther he discharge this trust or no.

7. That, If they should makethe highest Presidents of other Parliaments, their Patitions there would he no cause to complain of want of modesty or Duty in them: That is, They may Depose us when they will, and are not to be blamed for so doing.

And now (as if the meer publishing of their Resolutions, would not onely prevail with the people, but, in the instant, destroy all spirit and courage in us, to preserve our own right and honour) they have, since, taken the boldnesse to assault us with certain Propositions, which they call, The most necessary effectuall means for the removing [Page]those Iealousies and Differences between us and our People: That is, that we will be con­tent to direst our self of all our Regall Rights and Dignities; be content with the Title of a King and suffer them (according to their Discretion) to govern us and the Kingdom, and to dispose of our Children: how suteable and agreeable this Doctrine, and these Demands are, to the affection of our loving Subjects, under whose Trust these men pretend to say and do these monstrous things, and to designe, not onely the ruine of our Person, but of Monarchy it self (which we may justly say, is more then ever was offered in any of our predecessors times; for though the Person of the King hath been sometimes unjustly deposed, yet the Regall power was never, before this time, strucken at) we beleeve our good Subjects will finde some way to let them and the World know: and from this time such who have been mis-led by their ill Counsels, to have any hand in the execution of the Militia, will see to what ends their Service is designed; and therefore if they shall presume hereafter to meddle in it, they must expect, that we will immediately proceed against them as actuall rai­sers of sedition, and as enemies to our soveraign power.

We hane done: and shall now expect the worst actions these men have power to commit against us: (worse words they cannot give us) and we doubt not, but the major part of both Houses of Parliament, when they may come together with their honour and safety, (as well those who were surprised, at the passing of it, and un­stood not the Malice in it, and the confusion that must grow by it, if beleeved, as those who were absent or involved) will so far resent the Indignitie offered to us, the dishonour to themselves, and the mischief to the whole Kingdom, by that Declara­tion, that they will speedily make the foul Contrivers of it, instances of their exem­plarie Iustice, and brand them and their Doctrine with the Marks of their perpetuall Scorn and Indignation.