Oldalképek
PDF
ePub
[ocr errors]

we expressed a great trust in our two houses of parliament, when we divested ourself of the power of dissolving this parliament; which was a just, necessary, and proper prerogative: but we are glad to hear their Resolution, That it shall not encourage them to do any thing which, otherwise, had not been fit to have been donc.' If it do, it will be such a breach of trust, as God will require an account for at their hands. For the Militia; we have said so much of it heretofore, and the point is so well understood by all men, that we will waste no more time in that dispute. We never said, There was no such thing as an Ordinance; (though we know that they have been long disused) but that there was never any Ordinance, or can be, without the King's consent; and that is true: and the unnecessary precedent cited in the Declaration, doth not offer to prove the contrary. But enough of that. God and the law must determine that business.Neither hath this Declaration given us any satisfaction concerning the votes of the 15th and 16th of March last; which we must declare and appeal to all the world, in this point, to be the greatest violation of our privilege, the Jaw of the laud, the liberty of the subject, and the right of the parliament, that can be imagined. One of those Votes is, (and there needs no other to destroy the king and people) That when the lords and commnons' (it is well the commons are admitted to their part in judicature) shall declare what the law of the land is, the same must be assented to, and obeyed;' that is the sense in few words. Where is every man's property, every man's liberty? If a major part of both houses declare that the law is, That the younger brother shall inherit, what is become of all the families and estates in the kingdom? If they declare, That by the fundamental law of the land, such a rash action, such an unadvised word, ought to be punished by perpetual imprisonment, is not the liberty of the subject, durante bene placito, remediless; That Declaration confesseth, They pretend not to a power of making new laws; that, without us, they cannot do that.' They need no such power, if their Declaration can suspend this Statute from being obeyed or executed, and make this Order, which is no Statute, to be obeyed and executed: If they have power to declare the lord Digby's waiting on us at Hampton-Court, and thence visiting some officers at Kingston, with a coach and six horses, to be levying of war, and high treason; and sir John Hotham's defying us to our face, keeping our town, fort, and goods against us by force of arms, to be an act of affection and loyalty; what needs a power of making new laws? Or is there such a thing as law left? We desire our good subjects to mark the reason and consequence of these Votes; the progress they have already made; and how infinite that progress may be. First, they vote the kingdom is in imminent danger' (it is above three months since they discerned it) from enemies abroad, and a Popish and discontented

party at home:' That is matter of fact. The law follows: This Vote hath given them authority by law (the fundamental laws of the kingdom) to order and dispose of the Militia of the kingdom, and, with this power, and to prevent that danger, to enter into our towns, seize upon our Magazine, and by force, keep both from us:' Is not this our case? First, they vote, We have an intention to levy war against our parliament;' That is matter of fact: Then they declare such as shall assist us to be guilty of High Treason; that is the lan, and proved by two statutes, themselves know to be repealed: No matter for that, they de clare' it. Upon this ground they exercise the Militia, and so actually do that upon us, which they have voted' we intend to do upon them. Who doth not see the confusion that mest fol low upon such a power of declaring? If they should now vote,' That we did not write this Declaration, but that such an one did it; which is still matter of fact; and then declart,' That, for so doing, he is an enemy to the com mon-wealth; what is become of the law that man was born to? And if all their zeal for the defence of the law, be but to defend that which they declare' to be law, their own Votes, if will not be in their power to satisfy any man of their good intentions to the public peace, but such who is willing to relinquish his title to Magna Charta, and hold his life and fortune by a Vote of a major part of both houses. In a word; we deny not but they may have power to 'declare' in a particular doubtful case, regularly brought before them, what law is; but to make a general Declaration, whereby the known rule of the law may be crossed or altered, they have no power, nor can exercise any; without bringing the life and liberty of the subject, to a lawless and arbitrary subjection.We complained (and let the world judge the jus tice and necessity of that Complaint of the mul titude of seditious Pamphlets and sermons; and that Declaration tells us, 'They know we have ways enough in our ordinary courts of justice to punish these:' So we have to punish Tumults and Riots; and yet they will not serve our turn to keep our towns, our forests, and parks, from violence. And it may be, though those courts have still the power to punish, they may have lost the skill to define what Riots and Tumults are; otherwise a jury in Southwark, legally impa nelled to examine a riot there, would not hare been superceded, and the sheriff enjoined not to proceed, by virtue of an Order of the house of commons; which it seems, at that time, had the sole power of 'declaring.' But it is no wonder that they, who could not see the Tumults, do not consider the Pamphlets and Ser mons; though the author of the Protestation protested' be well known to be Burton, that infamous disturber of the peace of this church and state; and that he preached it at Westminster, in the hearing of divers members of the house of commons: but of such Pamphlets and seditious Preachers (divers whereof have been recommended, if not imposed upon seve

[ocr errors]

dom) with a scoff, That they hope we were driven from thence, not by our own fears, but by the fears of the lord Digby and his retinue of cavaliers ? Sure the penner of that Declaration inserted that ungrave and insolent expression (as he hath done divers others) without the consent or examination of both houses, who would not so lightly have departed from their former professions of duty to us.-Whether the Way to a good Understanding between us and our people hath been as zealously pressed by them, as it hath been professed and desired by us, will be easily discerned by those who observe, that we have left no public act undone on our part, which, in the least degree, might be necessary to the peace, plenty, and security of our subjects; and that they have not dispatched one act which hath given the least evidence of their particular affection and kindness to us; but, on the contrary, have discountenanced and hindered the testimony other men would have given us of their affections: witness the stopping and keeping back the bill of Subsidies, granted by the clergy, almost a year since; which, though our personal wants are so notoriously known, they will not, to this time, pass: so not only forbearing to supply us themselves, but keeping the love and bounty of other men from us; and afford no other An swers to all our desires, all our Reasons, (indeed not to be answered) than, 'That we must not make our understanding or reason the rule of our government; but suffer ourself to be assisted' (which we never denied) by our Great Council. We require no other liberty to our will, than the meanest of them do, (we wish they would always use that liberty) not to consent to any thing evidently contrary to our conscience and understanding; and we have, and shall always give, as much estimation and regard to the advice and counsel of both our houses of parliament, as ever prince hath done: but we shall never (and we hope our people will never) account the contrivance of a few factious seditious persons, (a Malignant Party, who would sacritice the commonwealth to their own fury and ambition) the wisdom of parlia ment; and that the justifying and defending such persons (of whom, and of their particular sinister ways to compass their own had ends, we shall shortly inform the world) is not the way to preserve parliaments; but is the opposing and preferring the consideration of a few unworthy persons, before their duty to their king, or their care of the kingdom.' They would have us remember, That our Resolutions do concern kingdoms; and therefore not to be moulded by our own understandings.' We well remember it; but we would have them remember, That when their consultations endeavour to lessen the office and dignity of a king, they meddle with that which is not within their determination; and of which we must give an account to God and our other kingdoms, and must maintain with the sacrifice of our life.-Lastly, That Declaration tells you of a present desperate and malicious Plot the

parishes by some members of both houses, what authority we know not) we shall hereer take a further account.-We confess we ve little skill in the laws, and those that have d most we now find are much to seek; yet cannot understand or believe, That every dinary court, or any court, hath power to se what Guard they please, and under what mmand they please; neither can we imae what dangerous effects they found by the ard we appointed them; or, indeed, any the st occasion why they needed a guard at all. But of all the imputations so causelessly and ustly laid upon us by that Declaration, we ist wonder at that charge, so apparently and dently untrue, That such are continually eferred and countenanced by us, who are ends or favourers of, or related unto, the ef authors or actors of that arbitrary power retofore practised and complained of: and, the other side, That such as did appear ainst it, are daily discountenanced and disced.' We would know one person that tributed to the ills of those times, or had pendance upon those that did, whom we do, lately have countenanced or preferred. Nay, are confident, (and we look for no other at ir hands) as they have been always most inent assertors of the public liberties, so, if y found us inclined to any thing not agreee to honour and justice, they would leave us morrow: Whether different persons have and do not receive countenance elsewhere, upon what grounds, let all men judge; whether we have not been forward enough honour and prefer those of the most contrary nion, how little comfort soever we have of those preferments; in bestowing of ich, hereafter, we shall be more guided by n's actions than opinions; and therefore we good cause to bestow that Admonition (for assure you it was an Admonition of our own) on both our houses of parliament, To take ed of inclining, under the specious shews of cessity and danger, to the exercise of such arbitrary power they before complained of e advice will do no harm; and we shall be d to see it followed. And are all the specipromises, and loud professions, Of making a great and glorious king; of setting a ater Revenue upon us than any of our antors have enjoyed; of making us to be houred at home, and feared abroad,' resolved o this, That they will be ready to settle Revenue in an honourable proportion, when shall put ourself in such a posture of goment, that our subjects may be secure to oy our just protection for their Religion, ws, and Liberties? What posture of governent they intend we know not; nor can we agine what security our good subjects can sire for their Religion, Laws, and Liberties, ich we have not offered, or fully given. And it suitable to the duty and dignity of both uses of parliament, to answer our particular ighty expressions of the causes of our remove m London (so generally known to the king

[ocr errors]

tenance of the true Protestant profession; to the preservation of the property and liberty of the subject, in the observation of the laws; and to the maintenance of the rights and freedom of parliament, in the allowance and protection of all their just privileges."

A 5th Letter from the committee at York.] May 25. Another Letter from the lord Howard, at York, directed to the lord keeper, was received, and read as follows:

"My lord; In obedience to the command of the house, we waited yesterday on his ma and presented him with the Petition and Votes of both houses (p. 1212). He was pleased ta tell us, That he would not give us a present Answer, but that we should have one shorty! We do not, as yet, hear of any resolution to lay down these Guards; the Foot are still in the same number they were; the Horse, as we hear, do increase; so likewise, do men's feas and apprehensions. The Prince is made cap tain of these Horse, a brother of sir John B ron's lieutenant, and one of sir Ingleby Daniel's sons, a gentleman of this country, is made cornet. His majesty had summoned the freeholders, copyholders, and substantial farmers. of this county, to be here, at York, on Fricas next; but, this afternoon, we hear there is a warrant, from the king, to the high sherif, defer that meeting till Friday come se'enniga Your lordship's humble servant, ED. HOWALL York, May 23, 1642.”

Malignant Party is now acting, under the plausible notions of stirring men up to a care of preserving the king's prerogative; maintaining the discipline of the church; upholding and continuing the reverence and solemnity of God's service; and encouraging learning;' (indeed plausible and honourable notions to act any thing upon) and that upon these grounds divers mutinous Petitions have been framed in London, Kent, and other places.' Upon what Grounds would these men have Petitions framed? Have so many Petitions (even against the form and constitution of the kingdom, and the laws established) been joyfully received and accepted? And shall Petitions framed upon these Grounds be called Mutinous? Hath a multitude of mean, unknown, inconsiderable, contemptible persons about the city and suburbs of London, had liberty to petition against the government of the church; against the Book of Common Prayer; against the Freedom and Privilege of Parliament; and been thanked for it and shall it be called Mutiny in the gravest and best citizens of London, or in the gentry and commonalty of Kent, to frame Petitions upon these Grounds; and to desire to be governed by the known laws of the land, not by Orders and Votes of either, or both houses? Can this be thought the wisdom and justice of both houses of parliament? Is it not evidently the work of a faction within, or without, both houses, who deceive the trust reposed in them; An Order of the House of Lords for summ and have now told us what Mutiny is, That to ing their absent Members.] This day the lords stir men up to a care of preserving our prero- took notice of several of their house being ab gative; maintaining the discipline of the sent on the king's letters to attend him a church; upholding and continuing the reve-York; and judging it contrary to the privilege rence and solemnity of God's service; and encouraging of learning, is Mutiny! Let Heaven and earth, God and man, judge between us and these men. And however such Petitions are there called 'mutinous,' and the Petitioners threatened, discountenanced, censured, and imprisoned; if they bring such lawful Petitions to us, we will graciously receive them; and defend them and their rights against what power soever, with the uttermost hazard of our being. We have been the longer (to our very great pain) in this Answer, that we might give the world satisfaction, even in the most trivial particulars which have been objected against us; and that we may not be again reproached with any more 'prudent Omissions.' If we have been compelled to sharper language than we affect, let it be considered, how vile, how insufferable our provocations have been; and except to repel force be to assault, and to give punctual and necessary Answers to rough and insolent demands be to make invectives, we are confident the world will accuse us of too much mildness; and all our good subjects will think, we are not well dealt with; and will judge of us, and of their own happiness and security in us, by our actions; which we desire may no longer prosper, or have a blessing from God upon them and us, than they shall be directed to the glory of God, in the main

[ocr errors]

of that house, resolved to consider what cou
was it to be taken with these deserters. Here
upon it was ordered, That the lords gone to
York, or other places, contrary to a former U
der of this house, shall be sent for, and takes
into custody, to answer their contempt done t
this house; and, in case they refuse to come,
then the house would give judgment against
them for the same. The lords North an
Brooke were appointed to put down the names
of such peers as were absent without leave
&c. This was done accordingly, and pre-
sented to the house under the following Di
tinctions :

LORDS that have absented themselves from the
PARLIAMENT, and are now with his M-
JESTY at York.
The Lord-Keeper
Duke of Richmond
Marquis of Hertford
Earl of Cumberland
Earl of Bath
Earl of Southampton
Earl of Dorset
Earl of Salisbury
Earl of Northampton
Earl of Carlisle
Earl of Clare
Earl of Westmoreland

Earl of Lindsey
Earl of Newcastle
Earl of Dover
Earl of Caernarvon
Earl of Newport
Earl of Thanet
Earl of Huntingdon
Lord Spencer
Lord Strange
Lord Willoughby of
Eresby
Lord Rich

[blocks in formation]

"Although the great affairs of this kingdom, and the miserable and bleeding condition of the kingdom of Ireland, affords us little leisure to spend our time in Declarations, or in Answers and Replies; yet the Malignant Party about his majesty, taking all occasions to mul

LORDS that have not absented themselves tiply calumnies upon the houses of Parliament,

from the Business of the House.

Earl of Northumberland

Earl of Bedford

Earl of Pembroke and

Lord Wentworth

Lord Paget

and to publish sharp invectives under his ma jesty's name against them and their proceedings; (a new engine which they have invented to heighten the distractions of this kingdom, and to beget and increase distrust and disaffecLord Willoughby of tion between the king, his parliament, and the

Lord North

Lord Chandois

Parham

Lord Wharton
Lord Hunsdon
Lord Pierepoint (Vis-
count Newark)
Lord St. John
Lord Stanhope
Lord Grey de Ruthyn
Lord Roberts
Lord Kimbolton
Lord Howard of Esk-
ricke
Lord Brooke
Lord Fielding
Lord Mowbray
Lord Grey de Werk
Lord Howard de Charl-

Montgomery
Earl of Essex
Earl of Lincoln
Earl of Suffolk
Earl of Leicester
Earl of Warwick
Earl of Holland
Earl of Bolingbroke
Earl of Peterborough
Earl of Stamford
Earl of Manchester
Earl of Portland
Earl of Cleveland
Earl of Bristol
Earl of Monmouth
Earl of Devonshire
Viscount Say and Sele
Lord Dacres
Lord Hastings
Lord Cromwell
LORDS not commonly coming to Parliament,
being either Minors, or disabled by Old
Age, or for other Reasons and Infirmi-
ties.

Duke of Buckingham
Earl of Derby
Earl of Dauby

Earl of Mulgrave
Earl of Rutland
Earl of Bridgewater
Earl of Kent

ton

Lord Capel

Earl of Oxford

Earl of Sussex

Earl of Exeter
Earl of Nottingham
Lord Harvey
Lord Powis

The rest of the peers are not particularly distingaished, but only, in general, said to be either abroad in foreign parts, absent with leave, or recusants. The lords who were appointed to take this account, told the house, "That they conceived the latter to have no right to vote in parliament, during their recuSancy."

people) we cannot be so much wanting to our own innocency, or to the duty of our trust, as not to clear ourselves from those false aspersions; and (which is our chiefest care) to disabuse the people's minds, and open their eyes, that under the false shews and pretexts of the law of the land, and of their own rights and liberties, they may not be carried into the roadway that leads to the utter ruin and subversion thereofA late occasion that these wicked spirits of division have taken to defame, and indeed to arraign, the proceedings of both houses of parliament, hath been from our Votes of the 26th of April, and our Declaration concerning the business of Hull; which because we put forth before we could send our Answer concerning that matter unto his majesty, those mischievous instruments of dissention, between the king, the parliament, and the people, whose chief labour and study is to misrepresent our actions to his maj, and to the kingdo, would need interpret this as an Appeal to the People, and a declining of all intercourse between his majesty and us, as if we thought it to no purpose to endeavour any more to give him satisfaction; and, without expecting any longer our Answer, they themselves have, under the name of a Message from his majesty to both houses of parliament, indeed made an Appeal to the People; as the Message itself doth in a manner grant it to be, offering to join issue with us in that way; and, in the nature thereof, doth clearly shew itself to be none other: therefore we shall likewise address our Answer to the Kingdom, not by way of Appeal, as we are charged; but to prevent them from being their own executioners; and from being persuaded, under false colours of defending the law and their own liberties, to destroy both with their own hands; by taking their lives, liberties, and estates out of those bands whom they have chosen and intrusted therewith; and resigning them up unto some evil counsellors about his majesty, who can lay no other foundation of their own great

Remonstrance of both Houses, in Answer to the King's Declaration concerning Hull, &c.] May 26. Another long Remonstrance, or Declaration, having been framed by the commons, and sent up to the lords, was this day read in that house, and agreed to: the earls of Bristol, Monmouth, and Devonshire, with the lords Mowbray, Grey de Ruthyn, Howard printed frequently about this time, in an inde Charlton, Pierepoint and Capel, dissent-correct manner by unlicensed printers, we ing. Ordered, That this Declaration be forthwith printed and published, as follows: *

From the original edition, printed for
John Frank, 1642.
The Declarations and
other proceedings of parliament having been
VOL. II,

find, in the title of this Declaration, the following remarkable Certificate. "According to an Order, made in the house of commons on Saturday last, I have examined this copy with the original, and have mended it. II. Elsing, Cler. Parl. D. Com.”

40

parliament, we have made them for posterity; upon the same or better grounds of reason and law than those were, upon which our predecessors first made any for us. And as some precedents ought not to be rules for us to follow, so none can be limits to bound our proceedings, which may and must vary according to the different condition of times; and for this particular of setting forth Declarations, for the satisfaction of the people, who have chosen and intrusted us with all that is dearest to them;' if there be no example for it, it is because there were never any such monsters before, that ever attempted to disaffect the people from a parliament, or could ever har

there ever such practices to poison the people with an ill apprehension of the parliament? Were there ever such imputations and scanda laid upon the proceedings of both houses

of privilege of parliament? Were there eve: so many and so desperate designs of force and violence against the parliament, and the members thereof? If we have done more than eve our ancestors have done, we have sufferee more than ever they have suffered; and yet, in point of modesty and duty, we shall at yield to the best of former times; and we shal put this in issue, Whether the highest and inost unwarrantable proceedings of any of h majesty's predecessors, do not fall short of, and much below, what hath been done to us this parliament: and on the other side, Whether, it we should make the highest precedents of other parliaments our patterns, there would be cause to complain of Want of modesty and duty i us;' when we have not so much as suffered such things to enter into our thoughts, whic all the world knows they have put in action'

ness, but upon the ruin of this, and, in it, of all parliaments, and, in them, of the true religion and the freedom of this nation.-These are the men that would persuade the people, that both houses of Parliament (containing all the Peers, and representing all the Commons of England) would destroy the laws of the land and liberty of the people; wherein, besides the trust of the whole, they themselves, in their own particulars, have so great an interest of honour and estate, that we hope it will gain little credit with any that have the least use of reason, that such as must have so great a share in the misery, should take so much pains in the procuring thereof; and spend so much time, and run so many hazards, to make them-bour a thought that it might be effected: were selves slaves and destroy the property of their estates. But that we may give particular satisfaction to the several imputations cast upon us, we shall take them in order, as they are laid upon us, in that Message.-First, we are charg-Were there ever so many and so great breaches ed for the avowing of that act of sir John Hotham, which is termed unparalleled, and an high and unheard-of affront unto his majesty;' and, as if we needed not to have done it, he being able,' as is alledged, to produce no such command of the houses of parliament.'-Although sir J. Hotham had not an Order that did express every circumstance of that case, yet he might have produced an Order of both houses which did comprehend this case, not only in the clear intention, but in the very words thereof; which knowing in our consciences to be so, and to be most necessary for the safety of the kingdom, we could not but in honour and justice avow that act of his; which we are confident will appear to all the world to be so far from being an affront to the king, that it will be found to have been an act of great loyalty to his majesty, and to his kingdoin. The next charge upon is, That, instead of giving his majesty satisfaction, we published a Declaration concerning that business, as an Appeal unto the People; as if our intercourse with his majesty, and for his satisfaction, were now to no more purpose; which course is alledged to be very unagreeable to the modesty and duty of former times, and not warrantable by any precedents, but what ourselves have made. If the penner of this Message had waited a while, and had not expected that two houses of parliament, (especially burthened as they are at this time with so many pressing and urgent affairs) should have moved as fast as himself, he would not have said that Declaration was instead of an Answer to his majesty; which we did dispatch with all the speed and diligence we could, and have sent it to his majesty by a committee of both houses; whereby it appears, that we did it not upon that ground, that we thought it was no more to any purpose to endeavour to give his majesty satisfaction.' And as for the duty and modesty of former times, from which we are said to have varied, and to want the warrant of any precedents therein, but what ourselves have inade:' if we have made any precedents in this

[ocr errors]
[ocr errors]

Another Charge which is laid very high upet us (and which were indeed a very great cre if we were found guilty thereof) is, That, bi avowing this act of sir J. Hotham, we do,consequence, confound and destroy the tide and interest of all his majesty's good subjects to their lands and goods; and that upou thi ground, That his majesty hath the same the to his own town of Hull, which any of his sub-⠀ jects have to their houses or lands; and the same to his Magazine or Munition there, that! any man hath to his money, plate, or jeweis; and therefore that they ought not to have bɛea disposed of without or against his consent, Be more than the house, land, money, plate, or jewels, of any subject ought to be, without against his will.'-Here that is laid down for a principle, which would indeed pull up the very foundation of the liberty, property, and interest of every subject in particular, and of all the subjects in general; if we should admit it for a truth, That his majesty hath the same righ and title to his Towns and Magazine (bought with the public monies, as we conceive that at Hull to have been) that every particular man bath to his house, lands, and goods;' for his majesty's towns are no more his own,

« ElőzőTovább »