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A83414 A remonstrance or The declaration of the Lords and Commons, now assembled in Parliament, 26. of May. 1642. In answer to a declaration under His Majesties name concerning the businesse of Hull, sent in a message to both houses the 21. of May, 1642 ... England and Wales. Parliament.; Elsynge, Henry, 1598-1654. 1642 (1642) Wing E2227B; ESTC R222786 18,138 16

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of Parliament And because the Advice of both Houses of Parliament hath through the suggestions of evill Councellors been so much undervalued of late and so absolutely rejected and refused wee hold it fit to declare unto the Kingdome whose honour and interest is so much concerned in it what is the priviledge of the great Councell of Parliament herein and what is the Obligation that lyeth upon the Kings of this Realme to passe such Bills as are offered unto them by both Houses of Parliament in the name and for the good of the whole Kingdome whereunto they stand ingaged both in conscience and in justice to give their royall assent In conscience in respect of the Oath that is or ought to be taken by the KINGS of this Realme at their CORONATION as well to confirme by their Royall assent such good Lawes as their people shall choose and to remedy by Law such inconveniences as the Kingdom may suffer as to keepe and protect the Lawes already in being as may appeare both by the forme of the Oath upon Record and in bookes of good Authoritie and by the Statute of the 25. Edw. 3. entituled the Statute of Provisors of Benefices the forme of which Oath and the cause of that Statute concerning are as followeth Rot. Parl. 1. H. 4. N. 17. 2. Forma juramenti soliti consueti praestari per Reges Angliae in eorum Coronatione Servabis Ecclesiae Dei Cleroque populo pacem ex integro concordiam in Deo secundum vires tuas Respondebit Servabo Facies fieri in omnibus judicis tuis equam rectam justitiam discretionem in misericordid lenitate secundum vires tuas Respondebit Faciam Concedis justas leges consuetudines esse tenendas permittis per te eas esse protegendas ad honorem Dei corroborandas quas vulgus elegerit secundum vires tuas Respondebit Concedo permitto Adijcianturque praedictis interrogationibus quae justa fuerint pernunciat isque omnibus confirmet Rex se omnia servaturum sacramento super altare praestito coram cunctis A Clause in the Preamble of a Statute made 25. Edw. 3. Entituled the Statute of Provisors of Benefices Whereupon the said Commons have prayed our said Lord the King that sith the right of the Crowne of England and the Law of the said Realme is such that upon the mischiefes and damages which happen to his Realme he ought and is bound by hid Oath with the accord of his people in his Parliament thereof to make remedy and Law and in removing the mischiefes and damages which thereof ensue that it may please him thereupon to ordaine remedy Our Lord the King seeing the mischiefes and damages before-mentioned and having regard to the said Statute made in the time of his said Grandfather and to the causes contained in the same which Statute holdeth alwayes his force and was never defeated repealed nor adnulled in any point and by so much he is bounden by his Oath to cause the same to be kept as the Law of his Realme though that by sufferance and negligence it hath been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers His Parliaments holden heretofore willing to ordaine remedy for the great damages and mischiefes which have hapned and daily do happen to the Church of England by the said cause Here the Lords and Commons claime it directly as the right of the Crowne of England and of the Law of the Land and that the King is bound by his Oath with the accord of his people in Parliament to make remedy and Law upon the mischiefes and damages which happen to this Realme and the King doth not deny it although he take occasion from a Statute formerly made by his Grandfather which was layd as part of the grounds of this Petition to fixe his Answer upon another branch of his Oath and prefermits that which is claimed by the Lords and Commons which he would not have done if it might have been excepted against In justice they are obliged thereunto in respect of the trust reposed in them which is aswell to preserve the Kingdome by the making of new Lawes where there shall be need as by the observing of Lawes already made A Kingdome being many times as much exposed to ruine for the want of a new Law as by the violation of those that are in being and this is so cleare a right that no doubt His Majesty will acknowledge it to be as due unto his people as his protection but how farre forth he is obliged to follow the judgement of his Parliament therein that is the question And certainly besides the words in the Kings Oath referring unto such Lawes as the people shall chuse as in such things which concerne the Publique Weale and good of the Kingdome they are the most proper Judges who are sent from the whole Kingdome for that very purpose so wee doe not finde that since Lawes have passed by way of Bills which are read thrice in both Houses and committed and every part and circumstance of them fully weighed and debated upon the commitment and afterwards passed in both Houses that ever the Kings of this Realme did deny them otherwise then is expressed in that usuall Answer Le Roy savisera which signifies rather a suspension then a refusall of the Royall Assent and in those other Lawes which are framed by way of Petitions of Right the Houses of Parliament have taken themselves to be so farre Judges of the Rights claimed by them that when the Kings answer hath not in every point been fully according to their desire they have still insisted upon their claime and never rested satisfied till such time as they had an answer according to their owne demand as was done in the late Petition of Right and in former times upon the like occasion and if the Parliament be Judge between the King and his people in the Question of Right as by the manner of the claime in Petitions of Right and by Judgements in Parliament in Cases of illegall Impositions and Taxes and the like it appeareth to be why should they not be so also in the question of the common good and necessitie of the Kingdome wherein the Kingdome hath as cleere a right also to have the benefit and remedy of Law as in any thing whatsoever and yet we doe not deny but in private Bills and also in publick Acts of Grace as Pardons and the like grants of favour His Majestie may have a greater latitude of granting or denying as he shall thinke fit All this considered we cannot but wonder that the Conniver of this Message should conceive the people of this Land to be so voyd of common sense as to enter into so deep a mistrust of those that they have and his Majesty ought to repose so great a trust in as to despaire of any securitie in their private
or could ever harbour a thought that it might be effected were there ever such practises to poyson the people with an ill apprehension of the Parliament were there ever such imputations and scandals laid upon the proceedings of both Houses were there ever so many and so great breaches of priviledge of Parliament were there ever so many and so desperate designes of force and violence against the Parliament and the Members thereof If we have done more than ever our Ancestors have done we have suffered more than ever they have suffered and yet in point of modesty and duty we shall not yeeld to the best of former times and we shall put this in issue whether the highest and most unwarrantable presidents of any of His Maiesties Predecessors do not fall short and much below what hath been done unto us this Parliament And on the otherside whether if we should make the highest Presidents of other Parliaments our patterns there would be cause to complain of want of modestie and duty in us when we have not so much as suffered such things to enter into our thoughts which all the world knows they have put in act Another Charge which is laid very high upon us and which were indeed a very great Crime if we were found guilty thereof is that by avowing this act of Sir John Hotham we do in Consequence confound and destroy the title and Interest of all his Majesties good subjects to their lands and goods and that upon this ground That his Maiestie hath the same title to his town of Hull which any of his subiects have to their houses or lands and the same to his Magazin and Munition there that any man hath to his money plate or Jewels and therefore that they ought not to have been disposed of without or against his consent no more then the house land money plate or Jewels of any subiect ought to be without or 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 subiect in particular and of all the subiects in generall if we should admit it for a truth that his Maiestie hath the same right and Title to his Towns and to his Magazin bought with the publique moneys as we conceive that at Hull to have been that every particular man hath to his house lands and goods for his Maiesties towns are no more his own then his Kingdom is his own and his Kingdom is no more his own then his people are his own and if the King had a propriety in all his Towns what would become of the subiects propriety in their houses therein and if he had a propriety in his Kingdom what would become of the subiects propriety in their lands throughout the Kingdom or of their liberties if his Maiestie had the same right in their persons that every subiect hath in their lands or goods and what should become of the subiects interest in the Towns and Forts of the Kingdom and in the Kingdom it self if his Maiestie might sell or give them away or dispose of them at his pleasure as a particular man may do with his Lands and with his Goods This erronious maxime being infused into Princes that their Kingdoms are their own and that they may do with them what they will as if their Kingdoms were for them and not they for their Kingdoms is the Root of all the subiects misery and of the Invading of their iust Rights and Liberties whereas indeed they are onely intrusted with their Kingdoms and with their Towns and with their people and with the publique Treasure of the Common-wealth and whatsoever is bought therewith and by the known Law of this Kingdom the very Jewels of the Crown are not the Kings proper goods but are onely intrusted to him for the use and ornament thereof As the Towns Forts Treasure Magazin Offices and people of the Kingdom and the whole Kingdom it self is intrusted unto him for the good and safety and best advantage thereof And as this trust is for the use of the Kingdom so ought it to be managed by the advice of the Houses of Parliament whom the Kingdom hath trusted for that purpose it being their duty to see it be discharged according to the condition and true intent thereof and as much as in them lies by all possible means to prevent the contrary Which if it hath been their chief care and onely ayme in the disposing of the town and Magazin of Hull in such manner as they have done they hope it will appear clearly to all the world that they have discharged their own trust and not invaded that of His Maiesties much lesse his property which in this case they could not do But admitting His Majestie had indeed had a propertie in the Towne and Magazine of Hull who doubts but that a Parliament may dispose of any thing wherein His Majestie or any Subjects hath a right in such a way as that the Kingdome may not be exposed to hazard or danger thereby which is our case in the disposing of the Towne and Magazine of Hull And whereas His Majestie doth allow this and a greater power to a Parliament but in that sense onely as he himselfe is a part thereof wee appeale to every mans Conscience that hath observed our proceedings whether we disjoyned His Majestie from His Parliament who have in all humble wayes sought his Concurrence with us as in this particular about Hull and for the removeall of the Magazine there so also in all other things or whether these evill Counsels about him have not separated him from his Parliament not only in distance of place but also in the discharge of this joynt trust with them for the peace and safetie of the Kingdome in this and some other particulars We have given no occasion to His Majestie to declare His resolution with so much earnestnesse that he will not suffer either or both Houses by their Votes without or against his consent to enjoyne any thing that is forbidden by the Law or to forbid any thing that is enjoyned by the Law For our Votes have done no such thing and as we shall be very tender of the Law which we acknowledge to be the safeguard and custody of all publike and private Interesses so we shall never allow a few private Persons about His Majestie nor His Majestie Himselfe in His own Person out of his Courts to be Judge of the Law and that contrary to the judgement of he highest Court of Judicature In like manner that His Majestie hath not refused to consent to any thing that might be for the peace and happines of the Kingdom we cannot admit it in any other sense but as His Majestie taketh the measure of what will be for the peace and happinesse of the Kingdome from some few ill affected persons about him contrary to the advice and judgement of His great Councell