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A78645 His Majesties answer to the XIX. propositions of both Houses of Parliament. England and Wales. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649.; Colepeper, John Colepeper, Baron, d. 1660.; Falkland, Lucius Cary, Viscount, 1610?-1643. 1642 (1642) Wing C2122; Thomason E151_25; ESTC R10823 17,528 34

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reconciliation of Differences would be then sent to them as they now have joyned to send to Vs till all Power being vested in the House of Commons and their number making them incapable of transacting Affairs of State with the necessary Secrecie and expedition those being retrusted to some close Committee at last the Common people who in the mean time must be flattered and to whom Licence must be given in all their wilde humours how contrary soever to established Law or their own reall Good discover this Arcanum Imperii That all this was done by them but not for them grow weary of Iourney-work and set up for themselves call Parity and Independence Liberty devour that Estate which had devoured the rest Destroy all Rights and Proprieties all distinctions of Families and Merit And by this means this splendid and excellently distinguished form of Government end in a dark equall Chaos of Confusion and the long Line of Our many noble Ancestors in a Jack Cade or a Wat Tyler For all these Reasons to all these demands Our Answer is Nolumus Leges Angliae mutari But this We promise that We will be as carefull of preserving the Lawes in what is supposed to concerne wholly Our Subjects as in what most concernes Our selfe For indeed We professe to beleeve that the preservation of every Law concernes Vs those of obedience being not secure when those of protection are violated And We being most of any injured in the least violation of that by which We enjoy the highest Rghts and greatest Benefits and are therefore obliged to defend no lesse by Our interest then by Our duty and hope that no Iealousies to the contrary shall be any longer nourished in any of Our good People by the subtill insinuations and secret practices of men who for private ends are disaffected to Our Honour and Safety and the Peace and Prosperity of Our People And to shew you that no just indignation at so reproachfull offers shall make Vs refuse to grant what is probable to conduce to the good of Our good People because of the ill company it comes in We will search carefully in this heap of unreasonable Demands for so much as We may complying with Our Conscience and the duty of Our Trust assent unto and shall accordingly agree to it In pursuance of which Search in the 4th Proposition under a Demand which would take from Vs that trust which God Nature and the Laws of the Land have placed in Vs and of which none of you could endure to be deprived We finde something to which We give this Answer That We have committed the principall places about Our Children to persons of Quality Integrity and Piety with speciall regard that their Tender yeers might be so seasoned with the Principles of the true Protestant Religion as by the blessing of God upon this Our care this whole Kingdom may in due time reap the fruit thereof And as We have been likewise very carefull in the choice of Servants about them that none of them may be such as by ill Principles or by ill Examples to crosse Our endeavours for their Pious and Vertuous Education so if there shall be found for all Our care to prevent it any person about Our Children or about Vs which is more then you ask against whom both Houses shall make appear to Vs any just exception We shall not onely remove them but thank you for the Information Onely We shall expect that you shall be likewise carefull that there be no under-hand dealing by any to seek faults to make room for others to succeed in their places For the 5th Demand as We will not suffer any to share with Vs in our power of Treaties which are most improper for Parliaments and least in those Treaties in which We are neerlyest concerned not onely as a King but as a Father yet We do such is Our desire to give all reasonable satisfaction assure you by the word of a King that We shall never propose or entertaine any Treaty whatsoever for the marriage of any of Our Children without due regard to the true Protestant Profession the good of Our Kingdoms and the Honour of Our Family For the 6th Demand concerning the Lawes in force against Jesuites Priests and Popish Recusants We have by many of Our Messages to you by Our voluntary promise to you so solemnly made never to pardon any Popish Priest by Our strict Proclamations lately published in this point and by the publike Examples which we have made in that case since Our Residence at York before at London sufficiently expressed Our zeal herein Why do you then ask that in which Our own Inclination hath prevented you And if you can yet finde any more effectuall Course to disable them from Disturbing the State or eluding the Law by trusts or otherwise We shall willingly give Our Consent to it For the 7th concerning the Votes of Popish Lords We understand that they in discretion have withdrawn themselves from the Service of the House of Peers had done so when use was publikely made of their names to asperse the Votes of that House which was then counted as Malignant as those who are called Our Unknown and Unsworne Councellors are now neither doe We conceive that such a Positive Law against the Votes of any whose blood gives them that right is so proper in regard of the Priviledge of Parliament but are content that so long as they shall not be conformable to the Doctrine and Discipline of the Church of England they shall not be admitted to sit in the House of Peers but onely to give their Proxies to such Protestant Lords as they shall chuse who are to dispose of them as they themselves shall think fit without any Reference at all to the Giver As to the desires for a Bill for the Education of the Children of Papists by Protestants in the Protestant Profession many about Vs can witnesse with Vs That We have often delivered Our Opinion that such a Course with Gods blessing upon it would be the most effect all for the rooting out of Popery out of this Kingdom We shall therefore thank you for it and encourage you in it and when it comes unto Vs do Our Dutie And We heartily wish for the publike good that the time you have spent in making Ordinances without Vs had been imployed in preparing this and other good Bills for Vs. For the 8th touching The Reformation to be made of the Church Government and Liturgie We had hoped that what We had formerly declared concerning the same had been so sufficiently understood by you and all good Subjects that We should not need to have expressed Our Self further in it We told you in Our Answers to your Petition presented to Vs at Hampton-Court the first of December That for any illegall Innovations which may have crept in We should willingly concur in the removall of them That if Our Parliament should advise Us to call
not onely to the Iudgement but to the passion interest or humor of the present major part of either House Not to speak now of the great factions animosities and divisions which this power would introduce in both Houses between both Houses and in the severall Countries for the choice of persons to be sent to that place where that power was and between the persons that were so chosen Neither is this strange Potion prescribed to Vs onely for once for the cure of a present pressing desperate disease but for a dyet to Vs and Our Posterity It is demanded That Our Councellors all Chief Officers both of Law and State Commanders of Forts and Castles and all Peers hereafter made as to voting without which how little is the rest be approved of that is chosen by them from time to time and rather then it should ever be left to the Crown to whom it onely doth and shall belong if any place fall voyd in the intermission of Parliament the major part of the approved Councell is to approve them Neither is it onely demanded that We should quit the Power and Right Our Predecessors have had of appointing Persons in these places but for Councellors We are to be restrained as well in the number as in the persons and a power must be annext to these places which their Predecessors had not And indeed if this power were past to them it were not fit We should be trusted to choose those who were to be trusted as much as We. It is demanded That such matters as concern the publique and are proper for the high Court of Parliament which is Our Great and Supream Councell may be debated resolved and transacted onely in Parliament and not elswhere and such as presume to do any thing to the contrary shall be reserved to the Censure and Judgement of the Parliament and such other matters of State as are proper for Our Privy Councell shall be debated and concluded by such of Our Nobility though indeed if being made by Vs they may not vote without the Consent of both Houses We are rather to call them your Nobility and others as shall be from time to time chosen for that place by approbation of both Houses of Parliament and that no publike Act concerning the affairs of the Kingdom which are proper for Our Privie Councell may be esteemed of any validity as proceeding from the Royall Authority unlesse it be done by the Advice and Consent of the major part of Our Councell attested under their hands Which Demands are of that Nature that to grant them were in effect at once to depose both Our Self and Our Posteritie These being past We may be waited on bare-headed We may have Our hand kist The Style of Majestie continued to Vs And the Kings Authoritie declared by both Houses of Parliament may be still the Style of your Commands We may have Swords and Maces carried before Vs and please Our Self with the sight of a Crown and Scepter and yet even these Twigs would not long flourish when the Stock upon which they grew were dead but as to true and reall Power We should remain but the outside but the Picture but the signe of a King We were ever willing that Our Parliament should debate resolve and transact such matters as are proper for them as far as they are proper for them And We heartily wish that they would be as carefull not to extend their Debates and Resolutions beyond what is proper to them that multitudes of things punishable and causes determinable by the Ordinary Iudicatures may not be enterteined in Parliament and so cause a long chargeable fruitlesse attendance of Our People and by Degrees draw to you as well all the causes as all the faults of Westminster-Hall and divert your proper businesse That the course of Law be no wayes diverted much lesse disturbed as was actually done by the stop of the proceedings against a Riot in Southwarke by Order of the House of Commons in a time so riotous and tumultuous as much increased the danger of Popular insolencies by such a countenance to Riots and discountenance of Law That you descend not to the leasure of recommending Lecturers to Churches nor ascend to the Legislative power by commanding the Law not having yet commanded it that they whom you recommend be received although neither the Parson nor Bishop do approve of them And that the Refusers according to the course so much formerly complained of to have been used at the Councell Table be not sent for to attend to shew cause At least that you would consider conveniency if not Law and recommend none but who are well known to you to be Orthodox Learned and Moderate or at least such as have taken Orders and are not notorious depravers of the Book of Common Prayer A care which appeareth by the Discourses Sermons and persons of some recommended by you not to have been hitherto taken and it highly concerns both you in dutie and the Common-wealth in the consequences that it should have been taken That neither one estate transact what is proper for two nor two what is proper for three and consequently that contrary to Our declared will Our Forts may not be seized Our Arms may not be removed Our Moneys may not be stopt Our legall Directions may not be countermanded by you nor We desired to countermand them Our Self nor such entrances made upon a Reall War against Vs upon pretence of an imaginarie War against you and a Chimaera of necessity So far do you passe beyond your limits whilest you seem by your Demand to be strangely straitned within them At least We could have wisht you would have expressed what matters you meant as fit to be transacted onely in Parliament and what you meant by onely in Parliament You have of late been perswaded by the new doctrines of some few to think that proper for your debates which hath not used to be at all debated within those wals but been trusted wholly with Our Predecessors Vs and to transact those things which without the Regall Authoritie since there were Kings of this Kingdom were never transacted It therefore concerns Vs the more that you speak out and that both We and Our People may either know the bottom of your Demands or know them to be bottomlesse What concerns more the Publike and is more indeed proper for the high Court of Parliament then the making of Laws which not onely ought there to be transacted but can be transacted no where else but then you must admit Vs to be a part of the Parliament you must not as the sense is of this part of this Demand if it have any deny the freedom of Our Answer when We have as much right to reject what We think unreasonable as you have to propose what you think convenient or necessary nor is it possible Our Answers either to Bills or any other Propositions should be wholly free if We may
suits and differences But we call God to witnesse that as for Our Subjects sake these Rights are vested in Vs so for their sakes as well as for Our own We are resolved not to quit them nor to subvert though in a Parliamentary way the ancient equall happy well-poised and never-enough commended Constitution of the Government of this Kingdom nor to make Our Self of a King of England a Duke of Venice and this of a Kingdom a Republique There being three kindes of Government amongst men Absolute Monarchy Aristocracy and Democracy and all these having their particular conveniences and inconveniencies The experience and wisdom of your Ancestors hath so moulded this out of a mixture of these as to give to this Kingdom as far as humane Prudence can provide the conveniencies of all three without the inconveniencies of any one as long as the Balance hangs even between the three Estates and they run joyntly on in their proper Chanell begetting Verdure and Fertility in the Meadows on both sides and the overflowing of either on either side raise no deluge or Inundation The ill of absolute Monarchy is Tyranny the ill of Aristocracy is Faction and Division the ills of Democracy are Tumults Violence and Licentiousnesse The good of Monarchy is the uniting a Nation under one Head to resist Invasion from abroad and Insurrection at home The good of Aristocracy is the Conjunction of Counsell in the ablest Persons of a State for the publike benefit The good of Democracy is Liberty and the Courage and Industry which Liberty begetts In this Kingdom the Laws are joyntly made by a King by a House of Peers and by a House of Commons chosen by the People all having free Votes and particular Priviledges The Government according to these Laws is trusted to the King Power of Treaties of War and Peace of making Peers of chusing Officers and Councellours for State Iudges for Law Commanders for Forts and Castles giving Commissions for raising men to make War abroad or to prevent or provide against Invasions or Insurrections at home benefit of Confiscations power of pardoning and some more of the like kinde are placed in the King And this kinde of regulated Monarchy having this power to preserve that Authority without which it would be disabled to preserve the Laws in their Force and the Subjects in their liberties and proprieties is intended to draw to him such a Respect and Relation from the great Ones as may hinder the ills of Division and Faction and such a Fear and Reverence from the people as may hinder Tumults Violence and licentiousnesse Again that the Prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it and make use of the name of Publique Necessitie for the gain of his private Favourites and Followers to the detriment of his People the House of Commons an excellent Conserver of Liberty but never intended for any share in Government or the chusing of them that should govern is solely intrusted with the first Propositions concerning the Leavies of Moneys which is the sinews as well of Peace as War and the impeaching of those who for their own ends though countenanced by any surreptiously gotten Command of the King have violated that Law which he is bound when he knows it to protect and to the protection of which they were bound to advise him at least not to serve him in the Contrary And the Lords being trusted with a Iudicatorie power are an excellent Screen and Bank between the Prince and People to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three For the better enabling them in this beyond the Examples of any of Our Ancestors We were willingly contented to Oblige Our Self both to call a Parliament every three yeers and not to dissolve it in fiftie dayes and for the present exigent the better to raise Money and avoide the pressure no lesse grievous to Vs then them Our People must have suffered by a longer continuance of so vast a Charge as two great Armies and for their greater certainty of having sufficient time to remedy the inconveniencies arisen during so long an absence of Parliaments and for the punishment of the Causers and Ministers of them We yeelded up Our Right of dissolving this Parliament expecting an extraordinary moderation from it in gratitude for so unexampled a Grace and little looking that any Malignant Partie should have been encouraged or enabled to have perswaded them first to countenance the Injustices and Indignities We have endured and then by a new way of Satisfaction for what was taken from Vs to demand of Vs at once to Confirm what was so taken and to give up almost all the rest Since therefore the Power Legally placed in both Houses is more then sufficient to prevent and restrain the power of Tyranny and without the power which is now asked from Vs We shall not be able to discharge that Trust which is the end of Monarchy since this would be a totall Subversion of the Fundamentall Laws and that excellent Constitution of this Kingdom which hath made this Nation so many yeers both Famous and happy to a great degree of Envie since to the power of punishing which is already in your hands according to Law if the power of Preferring be added We shall have nothing left for Vs but to look on since the incroaching of one of these Estates upon the power of the other is unhappy in the effects both to them and all the rest since this power of at most a joynt Government in Vs with Our Councellors or rather Our Guardians will return Vs to the worst kinde of Minority and make Vs despicable both at home and abroad and beget eternall Factions and Dissentions as destructive to publike Happinesse as War both in the chosen and the Houses that chuse them and the people who chuse the Chusers since so new a power will undoubtedly intoxicate persons who were not born to it and beget not onely Divisions among them as equals but in them contempt of Vs as become an equall to them and Insolence and Injustice towards Our people as now so much their inferiors which will be the more grievous unto them as suffering from those who were so lately of a neerer degree to themselves and being to have redresse onely from those that placed them and fearing they may be inclined to preserve what they have made both out of kindenesse and policie since all great changes are extreamly inconvenient and almost infallibly beget yet greater Changes which beget yet greater Inconveniencies Since as great an one in the Church must follow this of the Kingdom Since the second Estate would in all probability follow the Fate of the first and by some of the same turbulent spirits Iealousies would be soon raised against them and the like Propositions for