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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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Votes to beleeve the contrary Although the Votes of the Lords and Commons in Parliament being the great Councell of the Kingdom are the reason of the King and of the Kingdom yet these Votes do not want cleer and apparent reason for them For if the solemn proclaiming a man a Traytor signifie any thing it puts a man and all those that any way aid assist or adhere unto him into the same condition of Traitours and draws upon him all the consequences of Treason and if his may be done by Law without due processe of Law the Subject hath a very poor defence of the Law and a very small if any portion of liberty thereby and it is as little satisfaction to a man that shall be exposed to such penalties by that declaration of him to be a Traitour to say hee shall have a Legall triall afterwards as it is to condemn a man first and try him afterwards And if there be a necessity for any such proclaiming a man a Traitour without due processe of Law yet there was none in this case For his Majesty might have as well expected the Justice of the Parliament which was the right way as he had leisure to send to them to demand Justice against Sir John Hotham And the breach of Priviledge of Parliament in this case as the subversion of the Subjects common right For though the Privledges of Parliament do extend to those cases mentioned in the Declaration of Treason Felony and breach of the peace so as to exempt the Members of Parliament from punishment nor from all manner of Processe and triall as it doth in other cases yet it doth priviledge them in the way and method of their triall and punishment and that the Parliament should have the cause first brought before them that they may judge of the fact and of the grounds of the accusation and how far forth the manner of their tryall may concern or not concern the Priviledge of Parliament otherwise it would be in the power not onely of his Majesty but of every private man under pretensions of Treasons or those other crimes to take any man from his service in Parliament and so as many one after another as he pleaseth and consequently to make a Parliament what he will when he will which would be a breach of so essentiall a priviledge of Parliament as that the very being thereof depends upon it and therfore we no wayes doubt but every one that hath taken the Protestation will according to his solemn Vow and Oath defend it with his life and fortunes Neither doth the sitting of a Parliament suspend all or any Law in maintaining that Law which upholds the Priviledge of Parliament which upholds the Parliament which upholds the Kingdom And we are so far from beleeving that his Majesty is the onely person against whom Treason cannot be committed that is some sence wee acknowledge hee is the onely person against whom it can be committed that is as hee is King and that Treason which is against the Kingdom is more against the King then that which is against his Person because he is King For that very Treason is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdom and stands as a person intrusted with the Kingdom and discharging that trust Now the case is truly stated and all the world may judge where the fault is although we must avow that there can be no competent judge of this or any the like case but a Parliament and we are as confident that His Majestie shall never have cause to resort to any other Court or Course for the vindication of his just Priviledges and for the recovery and maintenance of his known and undoubted Rights if there should be any Invasion or violation thereof than to his high Court of Parliament And in case wicked Counsellours about him shall drive him into any other Course from and against his Parliament whatever are his Majesties expressions and intentions wee shall appeal to all mens consciences and desire that they would lay their hands upon their hearts and think with themselves whether such persons as have of late and still do resort to his Majesty and have his care and favour most either have been or are more zealous Assertors of the true Protestant Profession although we believe they are more earnest in the Protestant Profession then in the Protestant Religion or of the Law of the Land the Liberty of the Subject and the Priviledges of the Parliament then the Members of both Houses of Parliament who are insinuated to bee the Desertors if not the Destroyers of them And whether if they could master this Parliament by force they would not hold up the same power to deprive us of all Parliaments which are the ground and p●llar of the Subjects Liberty and that which maketh England onely a free Monarchy For the Order of Assistance to the Committees of both Houses as they have no directions or instructions but what have the Law for their Limits and the safety of the Land for their ends so we doubt not but all persons mentioned in that Order and all his Majesties good Subjects will yeeld obedience to His Majesties Authority signified therein by both Houses of Parliament And that all men may the better know their duty in matters of that nature and upon how su●e a ground they go that follow the judgement of Parliament for their guide we wish them judiciously to consider the true meaning and ground of that Statute made in the eleventh yeare of Hen. 7. cap. 1. which is printed at large in the end of His Majesties Message of the fourth of May. This St●tute provides that none that shall attend upon the King and do him true Service shall be attainted or forfeit any thing What was the scope of this Statute To provide that men should nor suffer as Traytors for serving the King in His Warres according to the duty of their Allegeance If this had been all it had beene a very needlesse and ●idicalous Statute Was it then intended as they may seeme to take the meaning of it to be that caused it to be printed after his Majesties Message that they should be free from all crime and penalty that should follow the King and serve him in Warre in any case whatsoever whether it were for or against the Kingdome and the Laws thereof That cannot bee for that could not stand with the duty of their Allegeance which in the beginning of this Statute is expressed to bee to serve the King for the time being in his Warres for the defence of Him and the Land and therefore if it be against the Land as it cannot be understood to be otherwise if it be against the Parliament the representative body of the Kingdom It is a declining from the duty of Allegeance which this Statute supposeth may be done though men should follow the Kings Person in the Warre Otherwise there had been no need of such a Proviso in the end of this Statute that none should take benefit thereby that should decline from the Allegeance That therefore which is the Principle Verb in this Statute is the serving of the King for the time being which cannot be meant of a Perkin Warbeck or any that should call himselfe King but such a one as what ever Title might prove either in himselfe or in his Ancestors should be recieved and acknowledged for such by the Kingdome the consent whereof cannot be discerned but by Parliament the Act whereof is the Act of the whole Kingdome by the personall suffrage of the Peeres and the delegate consent of all the Commons in England And Aen. 7. a wise King considering that what was the Case of R. 3. his Predecessor might by chance of battel be his owne and that he might at once by such a Statute as this satisfie such as had served his Ptodecessor in his Warrs and also secure those that should serve him who might otherwise feare him in his Warrs lest by chance of Battell that might happen to him also if a Duke of Yorke had set up a Title against him which had happened to his Prodecessor he procured this Statute to be made that no man should be accounted a Traytor for serving the King in his Warrs for the time being that is which was for the present allowed and recieved by the Parliament in behalfe of the Kingdome and as it is truly suggested in the Preamble of the Statute It is not agreable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the judgement of the Highest Court should not be a Rule and guide to them and if the judgement thereof should be followed where the question is who is King Much more what is the best service of the King and Kingdome and therefore those that shall guide themselves by the judgement of Parliament ought what ever happen to be secure and free from all account and penalties upon the grounds and equitie of this very Statute We shall conclude that although those wicked Councellors about his Majestie have presumed under his Majesties name to put that dishonour and affront upon both Houses of Parliament as to make them the countenancers of Treason enough to have dissolved all the bands sinews of confidence between his Majestie and his Parliament of whom the Maxime of the law is That a dishonourable thing ought not to be imagined of them yet we doubt not but it shall in the end appeare to all the world that our indeavours have been most hearty and sincere for the maintainance of the true Protestant Religion the Kings just Prerogatives the Lawes and Liberties of the Land and the Priviledges of Parliament in which endeavours by the grace of God we will still persist though we should perish in the worke which if it should be it is much to be feared That Religion Lawes Liberties and Parliaments would not be long-lived after us FINIS
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. According to an Order made in the House of Commons on Saturday last I have examined this Copie with the Originall and have mended it H. Elsi Cler. Par. D. Com. LONDON Printed for Tho. Slater at the Swan in Duck-Lane 1642. THE THIRD REMONSTRANCE ALthough the great affairs of this Kingdom and the miserable and bleeding condition of the Kingdom of Ireland afford us little leasure to spend our time in Declarations and in Answers and Replies yet the Malignant partie about His Majestie taking all occasions to multiply Calumnies upon the Houses of Parliament and to publish sharp Invectives under His Majesties Name against them and their proceedings a new Engine which they have invented to heighten the destructions of this Kingdom and to beget and increase distrust and disaffection between the King and His Parliament and the People We cannot be so much wanting to our own Innocencie or to the duty of our Trust as not to cleere our selves from those false aspersions and which is our chiefest care to disabuse the Peoples 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 Road way that leadeth to the utter ruine and subversion thereof A late occasion that these wicked spirits of division have taken to defame and indeed to arraigne the proceedings of both Houses of Parliament hath been from our Votes of the 28. of April and our Declaration concerning the businesse of Hull which because we put forth before we could send our Answer concerning that matter unto His Majestie 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 Maiestie and to the Kingdom would needs interpret this as an appeal to the people and a declining of all Intercourse between his Maiestie 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 under the name of a Message from His Maiestie to both Houses they themselves have indeed made an Appeal to the people as the message it self doth in a manner grant it to be offering to ioyn issue with us in that way and in the nature thereof doth cleerly shew it self to be no other Therefore we shall likewise addresse our Answer to the Kingdom not by way of Appeal as we are charged but to prevent them from being their owne executioners and from being perswaded 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 their hands whom they have chosen and entrusted therewith and resigning them up unto some evill Counsellors about His Majestie who can lay no other foundation of their own greatnesse but upon the Ruine of this and in it of all Parliaments and in them of the true Religion and the freedom of this Nation And these are the men that would perswade 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 Libertie 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 themselves slaves and to destroy the property of their estates But that we may give particular satisfaction to the severall imputations cast upon us we shall take them in Order as they are laid upon us in that Message First we are charged for the avowing of that act of Sir John Hotham which is termed unparalelled and an high unheard of affront unto his Majestie 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 John Hotham had not an Order that did expresse every circumstance of that case yet he might have produced an Order of both Houses which did comprehend this Case not onely in the cleer intention but in the very words thereof which knowing in our Consciences to be so and to be most necessarie for the safetie 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 Majestie and to his Kingdom The next charge upon us is that instead of giving his Majestie satisfaction we published a Declaration concerning that businesse as an appeal to the people and as if our intercourse with his Majestie 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 Presidents but what our selves have made If the Penner of this Message had expected a while or 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 Maiestie which we did dispatch with all the speed and diligence we could and have sent it to His Maiestie 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 Maiestie 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 Presidents therein but what our selves have made but if we have made any Presidents this Parliament we have made them for posterity upon the same or better grounds of reason and Law then those were upon which our Predecessors first made any for us and as some Presidents 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 entrusted 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