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A43544 A letter to a gentleman of Leicester-shire shewing, out of the publique writings which have passed betwixt His Majestie and his two Houses of Parliament : that all the overtures which have beene made for peace and accommodation have proceeded from His Majesty only and that the unsucessefulnesse of the late treatie is not to be imputed to His Majesty but to them alone. Heylyn, Peter, 1600-1662. 1643 (1643) Wing H1725A; ESTC R30781 26,256 34

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to be pressed to diminish his own Rights himself because others had violated and usurp●…d them h And when this Declaration of is Majesty was quarrelled by the Houses as a c●…nsure vp●…n their proc●…edings i his Majestie required that since they did esteem those words of his that they had taken his Ships from him contrary to Law to be a censure on their actions they would either produce that Law by which they tooke them or free themselves from so iust and unconfutable a censure by a ●…peedy and unlimited restoration k Neither of which being done or intended by them his Maiestie had reason to ad●…ere unto the Answer made unto that particular which was that for the present h●… would governe the Admiralty by Commission as in all times had been accustom●…d that when he pleased to nominate a Lord high Ad●…irall it should be such a noble person against whom no iust exception should be made or if there wer●… his Maiest●…e would leave him to his due triall and ex●…mination an that he should imploy the Ships to all intents and purposes by them desired and use his utmost ●…ndeavours to suppresse all forces which shall be raised by any person what●…oever against the Lawes and Statutes of the Kingdome and to ●…eize all Arms and Ammunition provided for the supply of any such forces l The difference in which last particulars stands thus between them The Houses craved that the Lord Admirall should use his utmost endeavour to suppresse all forces which should bee raised without His Mai●…sties Authority and the cons●…nt of the Lords and Commons in Parliament his Maiest●…e 〈◊〉 that the Lawes and Stat●…tes of the Kingdome might 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is and what is not to be don●… m refers the ex●… sing of 〈◊〉 Admirals power to the suppr●…ssing of all forces which 〈◊〉 〈◊〉 raised by any person whatso●…ver against the Lawes and Statutes of the Kingdom 15. And now I would faine know what is to be d●…ked in his ●…jesties Answers to these two last branche●… either his Majesties insisting on his Legall and undoubted Rig●…s in nominating men of ranke and qualiti●… to those publi●…ke trust●… or his desire of making the Lawes and Statut of this Realme the rule measure by which inferiour Officers must discharge their duties I hope they will not say the first and the last they dare ●…ot and other points then these I see none in difference or if there be they are reducible to these and of 〈◊〉 moment I hope they will not say the first ●…or they are bound by their Oaths of Allegiance Obedience and Supremacy and have bound themselves by their Protestation a Covenant of their own devising solemnly taken in the presence of Almighty ●…od that to the utmost of their powers and with the haz●…rd of their lives and fortunes they will defend His Maiesties Person Honour and Estate And sure whatever zeale and duty they may pretend unto His Per●…on they shew but small rega●…d unto His Honour and not much more unto His Estate in seeking by force to devest hi●… Majesty of those legall Rights which are inherent in His Person and have unquestionably been injoyed by all his Royall Predecessors in the times before Either they break their Oaths and Prot●…station and so are periured by it in the sight of God in seeking to extort from his Sacred Majestie those native Rights and legall Priviledges which are invested in his Person or if they mean to keep the Protestation they must needs leave his Majestie in as good condition as they found him in So that his Maj●…stie doth in●…st on nothing in this particular of his Answer but his native Rights which they have bound themselves by their Protestation to preserve and keepe And it belong●…d to them in all right and reason either to shew that he had no such right by Law as he did pretend to or that themselves had by some fundamentall Law a right superiour unto that which was then in question n neither of which they can or pretend to do or else to have been satisfied and contented with his Maj●…sties Answer against that which they had no other reason to produce but their f●…ars and iealousies o which being without cause are without care also Now as they will not say the first so I dare presume they dare not say the last and be offended with his Mai●…sties Answer for no other reason then that hee doth refer the duties of his principall Officers and such as are in authority under him to be squared and regulated according to the Laws and Statutes of the Kingdom Should they wave that and plainly mani●…est their intents and purposes of bringing in an Arbitrary Government and make the Votes of the two Houses the 〈◊〉 and measure by which the Lo high Admirall of Engl●…nd the 〈◊〉 of the Cinque-ports the Governours and Commanders of his M●…sties Castles Forts and Towns must discharge their Offices how easie were it for them to subvert all Law and bring this wretched people unto such a thraldom as greater was not suffered by the poor Ath●…ians under all their Tyrants This I p●…esume they dare not say though they may intend it as all their Proj●…ct and proceedings seeme to looke that way for fear the people should fall off and desert them utterly and so deprive them of those hopes of 〈◊〉 which they have nourished in themselves 16. There is another part of Soveraignty to be looked on yet which is the binding of the Subject by a solemn oath and this for the establishment of their power and party they labour to impose on the Lord Admirall of England the Warden of the Cinque-ports all Commanders of ships all Governours of TownsForts and Castles u The ordinary Oaths which all those Officers were already by the Laws obliged to take were not held sufficient to binde them fast enough unto the side and therfore they must have a new one of their own devising and all the Officers must be sworn not onely to preserve the true Reformed Protestant Religion and the peace of the Kingdom against forreign Forces bu●… also against all other Forces raised without the consent of the two Houses of Parliament though by his Majesties authori●…y a His Majesties authority it seems is of little value when all the Officers and Commanders of his Realm must be sworn against it the Officers and Commanders in as ill condition when by their places they are bound either to rebell against his Majesty if he make use of his Authority or to be perjured if they do not And so intent they were upon this designe that when his 〈◊〉 Declared that if it were made to appear unto him that any thing was necessary to be added to the former Oathes he would most readily consent unto it in a full and peaceable convention of Parliament b they took it for a great affront as if His Maiestie had ta●…ed them of