The Humble PETITION, And DECLARATION Of both Houses of PARLIAMENT, To the Kings most Ex­cellent MAJESTY:

Sent to Yorke, by one Lord, and two Mem­bers of the House of Commons, on Wednesday the 23. of March. 1641.

In Answer to every particular of his Majesties Speech at New-market: which hee made to the Committee of both Houses when they presented the last Declaration.

With their Additionall Information received from the Go­vernour of Roterdam, concerning the great Fleet prepared in Denmarke, which by meanes of the Lord Digby should have been tran­sported over to Hull.

London, Printed for F. Coules, and T. Bates. 1641.

March 23. 1641.
TO THE KINGS most Excellent Majesty.
The humble Petition and Declaration of the Lords and Commons, assembled in PARLIAMENT.

May it please Your Majesty,

YOur Majesties most loyall Subjects the Lords and Commons in Parliament, can­not conceive that the Declaration which your Majesty received from us at New-Market, was such as did deserve that cen­sure your Majesty was pleased to lay upon us, in that Speech which your Majesty made to our Committees there, & sent in writing to both Houses; our addresse therein being accompanied with plain­nesse, humility, and faithfulnes, we thought more proper for [Page]removing the distraction of the Kingdome, then if wee had then proceeded according to your Majesties message of the 20. of Ianuary. By which your Majesty was pleased to desire, that we would declare what we intended to doe for your Majesty, and what we expected to be done for our selves. In both which wee have bin very much hindred by your Ma­jesties deniall to secure us and the whole Kingdome, by dis­posing the Militia as we had diverse times most humbly pe­titioned, and yet we have not bin altogether negligent of either, having lately made good proceedings in preparing a booke of Rates to be passed in a Bill of Tunnage and Poun­dage: and likewise the most materiall heads of those hum­ble desires which we intended to make to your Majesty for the good and contentment of your Majesty and your peo­ple: but none of these could be perfected before the King­dome be put into safety, by setling the Militia; And untill your Majesty shall be pleased to concurre with your Parlia­ment in these necessary things, we hold it impossible for you to give the World or your people such satisfaction concer­ning the feares and jealousies which we have expressed, as we hope your Majesty hath already received touching that exception which you were pleased to take to Master Pyms Speech.

As for your Majesties feares and doubts, the ground whereof is from seditious Pamphlets and Sermons, we shall be as carefull to endeavour the removall, as soon as we shall understand what pamphlets and Sermons are by your Ma­jesty intended; as we have beene to prevent all dangerous Tumults. And if any extraordinary concourse of people out of the City to WESTMINSTER, had the face and shew of tumult and danger in your Majesties apprehension, it will appeare to bee caused by your Majesties denyall of [Page]such a Guard to your Parliament as they might have cause to conside in, And by taking into White-hall such a Guard for your selfe, as gave just cause of jealousie to the Parlia­ment; and of terrour and offence to your people. Wee seeke nothing but your Majesties Honour, and the peace and prosperity of your Kingdomes. And we are heartily sorry wee have such plentifull matter of an answer to that question, whether you had violated our Lawes? Wee be­seech your Majesty to remember that the governement of this Kingdome as it was in a great part mannaged by your Ministers before the beginning of this Parliament, consisted of many continued and multiplied Acts of violation of Lawes, the wounds whereof were scarcely healed, when the extremity of all these violations, was far exceeded by the late strange and unheard of breach of our Lawes in the accusation of the Lord Kimbolton, and the five Members of the Commons House and in the proceedings thereupon: for which we have yet received no full satisfaction.

To your Majesties next question, Whether you had de­nied any Bill for the ease and security of your Subjects, wee wish we could stop in the midst of our answer; that with much thankfulnesse we acknowledg that your Majesty hath past many good Bils full of contentment, and advantage to your people: But Truth and Necessity enforceth us to adde this, That even in or about the time of passing those Bills, some designe or other had beene afoot, which if it had ta­ken effect, would not only have deprived us of the fruit of those Bils, but have reduced us to a worse condition of confusion then that wherein the Parliament found us.

And if your Majesty had asked us the third question inti­mated in that speech, what we had done for your selfe, our [Page]answer would have been much more easie, That wee have paid two Armies wherewith the Kingdome was burthened last yeare; and have undergone the charge of the warre in Ireland at this time; when through many other excessive charges and pressures, whereby your Subjects have bin ex­hausted, and the stocke of the Kingdome very much dimi­nished; which great mischiefes, and the charges thereupon ensuing, have been occasioned by the evil Counsels so pow­erful with your Majesty, which have and wil cost this King­dome more then two millions; all which in Iustice ought to have been borne by your Majesty.

As for that free and generall pardon your Majesty hath been pleased to offer, it can be no security to our feares and Iealousies, for which your Majesty seemes to propound it; because they arise not from any guilt of our owne actions, but from the evill designes and attempts of others.

To this our humble answer to that speech, wee desire to adde an information which we lately received fr [...]m the De­puty governour of the Merchant adventurers at Rotterdam in Holland, That an unknown person appertaining to the Lord Digby did lately sollicite one Iames Henly a Mariner to goe to Elsenore, and to take charge of a ship in the fleet of the King of Denmarke there prepared, which he should con­duct to Hull: In which fleet likewise he said a great Armie was to be transported. And although we are not apt to give credit to informations of this nature, yet we cannot alto­gether thinke it fit to be neglected, but that it may justly ad somewhat to the weight of our feares and jealousies, con­sidering with what circumstances it is accompanied of the Lord Digbyes preceding expressions in his Letter to her Majesty, and Sir Lewis Dives; and your Majesties succeeding [Page]course of withdrawing your selfe Northward from your Parliament, in a manner very sutable and correspondent to that evill Counsell.

Which we doubt will make much deeper impression in the generality of your people. And therefore we most hum­bly advise and beseech your Majesty for the procuring and setling the confidence of your parliament and all your Sub­jects, and for the other important reasons concerning the recovery of Ireland, and securing this Kingdome, which have bin formerly presented to your Majesty, you will bee graciously pleased with all convenient speed to returne to these parts, and to close with the Counsell and desire of your parliament: where you shall find their dutifull affecti­ons and endeavours, ready to attend your Majesty with such entertainement, as shall not onely give your Majesty just cause of security in their faithfulnesse; but other manifold evidences of their earnest intentions and endeavours to ad­vance your Majesties service, honour, and contentment; and to establish it upon the sure foundation of the peace an [...] prosperity of all your Kingdomes.

FINIS.
[Tudor rose]

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

[Scottish thistle]


His Majesties Answer To the Petition of both Houses of PARLIAMENT, Presented to Him at York on Saturday the 26 of March, 1642. by the Lord Willoughby, Lord Dungarvan, and Sir Anthony Irby.

IF you would have had the patience to have expected Our Answer to your last Decla­ration (which, con­sidering the nature of it, hath not been long in coming) We beleeve you would have saved your selves the la­bour of saying much of this Message. And We could wish that Our Priviledges on all parts were so Stated, that this way of Cor­respondencie [Page 8]might be preserved with that Freedom which hath been used of old: For We must tell you, that if you may ask any thing of Vs by Message or Petition, and in what language (how unusuall soever) you think fit, & We must neither deny the thing you ask, nor give a reason why We cannot grant it, without being taxed of breaking your Priviledges, or being counselled by those who are enemies to the Peace of the Kingdom, and favourers of the Irish Rebel­lion (for We have seen your Printed Votes, upon Our Message from Huntington) you will reduce all Our Answers hereafter into a very little room; In plain English, It is to take away the Freedome of Our Vote, which were We but a Subject, were High Injustice; but being your King, We leave all the world to judge what it is.

Is this the way to compose all misun­derstandings? We thought We shewed you one by our Message of the 20. of January, if you have a better or readier, We shall wil­lingly hearken to it, for hitherto you have shewed Vs none. But why the refusall to consent to your Order, (which you call a de­niall of the Militia) should be any interrup­tion to it, We cannot understand. For the Militia (which We alwaies thought neces­sary to be settled) We never denied the thing (as We told you in Our Answer of the 28. of January, to the Petition of the House of [Page 9]Commons, for We accepted the persons, (except for Corporations) We onely denied the way. You ask it by way of Ordinance, and with such a preface as We can neither with Iustice to Our Honour, or innocency consent to: You exclude Vs for any Pow­er in the disposition or execution of it, to­gether with you, and for a time utterly unlimited. We tell you We would have the thing done; Allow the persons (with that exception;) Desire a Bill (the onely good old way of imposing on Our Subjects.) We are extreamly unsatisfied what an Or­dinance is, but well satisfied, that without Our Consent it is nothing, not binding: And it is evident by the long time spent in this Argument, the necessitie and danger was not so imminent, but a Bill might have well been prepared, which if it shall yet be done with that due regard to Vs, and care of Our People, in the limitation of the power and other circumstances, We shall recede from nothing We formerly ex­pressed in that Answer to your Order, otherwise We must declare to all the world, That We are not satisfied with, or shall ever allow Our Subjects to be bound by your printed Votes, of the fifteenth or sixteenth of this moneth, or that under pretence of declaring what the Law of the Land is, you shall without Vs make a new Law, which is plainly the case of the Militia: And what is [Page 10]this but to introduce an Arbitrarie way of Government?

Concerning Pyms Speech, you will have found by what the Lord Compton, and Mr. Baynton brought from Vs, in answer to that Message they brought to Vs, that as yet We rest nothing satisfied in that particular.

As for the seditious Pamphlets and Ser­mons, We are both sorry and ashamed in so great a variety, and in which Our Rights, Honour and Authority, are so insolently slighted and vilified, and in which the Dig­nitie and Freedome of Parliament is so much invaded and violated, it should be asked of Vs to name any; the mentioning of the Protestation protested, the Apprentices Protestation, To your Tents, O Israel, or any other, would be too great an ex­cuse for the rest. If you thinke them not worth your inquiry, We have done. But We think it most strange, to be told, that Our deniall of a Guard (which We yet never denied, but granted in another man­ner, and under a Command at that time most accustomed in the Kingdom) or the deniall of any thing else (which is in Our power legally to deny) which in Our understanding (of which God hath surely given Vs some use) is not fit to be grant­ed, should be any excuse for so dangerous concourse of people, which not onely in our apprehension, but (we beleeve) in the inter­pretation [Page 11]of Law it self, hath bin alwaies held most tumultuous and seditious. And We must wonder, what, and whence comes the Instructions and Informations that those people have, who can so easily think themselves obliged by the Protestation to assemble in such a manner, for the defence of Priviledges, which cannot be so clearly known to any of them, and so negligently passe over the consideration, and defence of Our Rights so beneficiall and necessary for themselves, and scarce unknown to any of them, which by their Oathes of Allegi­ance and Supremacy (and even by the same Protestation) they are at least equally obliged to defend. And what interruptions such kinde of Assemblies may be to the free­dom of future Parliaments (if not season­ably discountenanced and suppressed) We must advise you to consider, as likewise whether both Our powers may not by such meanes be usurped, by hands not trusted by the Constitution of this Kingdom. For Our Guard, We referre you to Our answer to your Declaration.

By that Question of Violating your Lawes; by which We endeavoured to ex­presse Our care and resolution to observe them; We did not expect you would have been invited to have looked back so many yeers, for which you have had so ample Re­paration; Neither looked We to be re­proached [Page 12]with the Actions of our Mini­sters (then against the Lawes) whilst We expresse so great a zeale for the present de­fence of them, it being Our Resolution, up­on observation of the mischief which then grew by Arbitrary power (though made plausible to Vs by the suggestions of ne­cessity and imminent danger, and take you heed ye fall not into the same errour upon the same suggestions) hereafter to keep the Rule Our self, and to Our power require the same from all others: But above all, We must be most sensible of what you cast upon Vs for requitall of those good Bills you cannot denie. We have denied any such Designe, and as God Almighty must judge in that point between Vs, who knowes Our upright intentions at the passing those Lawes: So in the mean time We defy the Devill to prove that there was any De­signe (with Our knowledge or Privity) in or about the time of passing those Bills, that had it taken effect could have depri­ved Our subjects of the fruit of them: And therefore We demand full Reparation in this point, that We may be cleared in the sight of all the world, and chiefly in the eyes of our loving Subjects, from so notori­ous and false an imputation as this is.

We are far from denying what you have done, For We acknowledge the charge our people have sustained in keeping the two [Page 13]Armies, and in relieving Ireland, of the which We are so sensible, that in regard of those great Burthens Our People have undergone, We have and do patiently suf­fer those extreme personall wants, as Our Predecessours have been seldome put to, rather then We would presse upon them: which We hope (in time) will be considered on your parts.

In Our offer of a Generall▪ Pardon, Our intent was to compose and secure the generall condition of Our Subjects, conceiving that in these times of great Distractions, the good Lawes of the Land have not been enough observed; But it is a strange world when Princes profered Favors are counted Reproaches: yet if you like not this Our offer We have done.

Concerning any discourses of Forreign Forces, though We have given you a full Answer in Ours to your last Declaration, yet We must tell you, We have neither so ill an opinion of Our own merit, or the Af­fections of Our good Subjects, as to think Our self in need of any Forreign Force to preserve Vs from Oppression (and We shall not need for any other purpose) but are confident (through Gods providence) not to want the good wishes and assistance of the whole Kingdome, being resolved to build upon that sure Foundation, the Law of the Land. And We take it very ill that any [Page 14]generall Discourses betweene an un­known Person and a Mariner, or inferen­ces upon Letters should be able to prevail in matters so improbable in themselves, and scandalous to Vs, for which We cannot but likewise ask Reparation, not onely for the vindicating of Our Own Honour, but al­so thereby to settle the mindes of Our Subject [...], whose Feares and Iealousies would so [...]n vanish, were they not fed and maintained by such false and malicious Rumours as these.

For our return to Our Parliament, We have given you a full Answer in Ours to your Declaration, and you ought to look on Vs as not gone but driven (We say not by you, yet) from you. And if it be not so easie for you to make Our Residence in London so safe as We could desire, We are, and will be contented that Our Parliament be ad­journed to such a place, where We may be fitly and safely with you. For though we are not pleased to be at this distance, yet yee are not to expect Our Presence, Vntill ye shall both secure Vs concerning Our just appre­hensions of Tumultuary insolencies, And likewise give Vs satisfaction for those In­supportable and Insolent Scandals that are raised upon Vs.

To conclude, As We have or shall not Refuse any way agreeable to Iustice or Honour, which shall be offered to Vs for the beget­ [...]

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