e King's

10

88 Declaration.

"THAT he very well understood, how much it was belaration "low the High and Royal Dignity (wherein God had placed fer him) to take notice of, much more to trouble himself with Anfwering, thofe many Scandalous, Seditious Pam"phlets, and Printed Papers, which were scatter'd, with fuch great licence throughout the Kingdom (notwithstanding "his Majesty's earnest defire, fo often in vain preffed, for a "Reformation) though he found it evident, that the minds "of many of his weak Subjects, had been, and ftill were poy"fon'd by thofe means; and that fo general a terrour had "poffeffed the minds and hearts of all Men, that whilft the "Preffes fwarm'd with, and every day produced, new Tracts "against the established Government of the Church and State, "moft Men wanted the Courage, or the Confcience to write, "or the opportunity and encouragement to publifh fuch "compofed, fober Animadverfions, as might either preserve the minds of his good Subjects from fuch infection, or re"store and recover them, when they were so infected: but, "his Majefty faid, He was contented to let himself fall to any "Office, that might undeceive his People, and to take more "pains that way by his own Pen, than ever King had done, "when he found any thing that feem'd to carry the Repu"tation, and Authority of either, or both Houfes of Parliament, and would not have the fame refuted, and difputed <. by Vulgar and Common Pens, till he fhould be throughly "informed whether thofe Acts had in truth that Counte"nance and Warrant, they pretended: which regard of his, "his Majefty doubted not but, in time, would recover that "due Reverence (the abfence whereof he had too much rea"fon to complain of) to his Person and his Messages, which "in all Ages had been paid, and, no doubt, was due to the "Crown of England.

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HE faid, he had therefore taken notice of a Printed Paper, Entituled, "A Declaration of both Houfes, in Anfwer to

his laft Meffage concerning the Militia, publifhed by Com "mand; the which he was unwilling to believe (both for "the matter of it, the expreffions in it, and the manner of "publishing it) could refult from the confent of both Houses; "neither did his Majefty know by what Lawful Command, "fuch Uncomely, Irreverent mention of Him could be "published to the World: and, though Declarations of "that kind had of late, with too much boldness, broken in "upon his Majefty, and the whole Kingdom, when_one, or both Houfes had thought fit to communicate their Coun"fels, and Refolutions to the People; yet, he faid, he was "unwilling to believe, that fuch a Declaration as that could "be published in Anfwer to his Meffage, without vouchfafing

"at leaft to fend it to his Majefty as their Answer. Their "business, for which they were met by his Writ and Autho "rity, being to Counfel him for the good of his People, "not to write against him to his People; nor had any con"fent of his Majefty for their long continuing together en"abled them to do any thing, but what they were first fum"mon'd by his Writ to do. At least he would believe, "though misunderstanding and jealoufy (the Juftice of God, "be faid, would overtake the Fomenters of that jealoufy, " and the Promoters and Contrivers of that mifunderstand"ing) might produce, to fay no worse, thofe very unto"ward Expreffions, that if thofe Houfes had contrived that "Declaration as an Answer to his Meffage, they would have "vouchfafed fome Answer to the Queftions proposed in his, "which, he profeffed, did, and mult evidently prevail over "his understanding; and in their Wisdom and Gravity, they "would have been fure to have stated the matters of Fact, as "(at least to ordinary understandings) might be unquestion"able; neither of which was done by that Declaration.

"His Majefty defired to know, why he was by that A&t "abfolutely excluded from any Power, or Authority in the execution of the Militia; and, he said, he must appeal to "all the World, whether fuch an Attempt, were not a great"er and jufter ground for Fear and Jealoufy in Him, than any one that was avowed for those Destructive Fears and "Jealoufies which were fo publickly own'd, almoft, to the "ruin of the Kingdom. But his Majefty had been told, that "he muft not be jealous of his Great Council of both Houses "of Parliament: He faid, he was not, no more than they "were of his Majefty, their King; and hitherto they had not "avow'd any Jealoufy of, or Difaffection to his Person; but "imputed all to his evil Counsellors, to a Malignant Party, "that was not of their minds; fo his Majefty did (and, he "faid, he did it from his Soul) profefs no Jealousy of his Par"liament, but of fome Turbulent, Seditious, and Ambitious "Natures; which, being not fo clearly difcern'd, might have an influence even upon the Actions of both Houses: and "if that Declaration had paffed by that confent (which he "was not willing to believe) he faid, it was not impoffible, "but that the apprehenfion of fuch Tumults, which had driven "his Majefty from his City of London, for the Safety of his "Perfon, might make fuch an impreffion upon other Men, not "able to remove from the danger, to make them Confent, or not to own a Diffent, in matters not agreeable to their "Confcience, or Understanding.

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"HE faid, He had mention'd in that his Answer, his dif"like of putting their Names out of the Bill, whom before

"they

"they recommended to His Majefty, in their pretended Or"dinance, and the leaving out, by fpecial Provifion, the pre"fent Lord Mayor of London; to all which the Declaration "afforded no Ánfwer; and therefore he could not suppose it "6 was intended for an Answer to that his Meffage, which "whofoever looked upon, would find to be in no degree An"fwer'd by that Declaration; but it inform'd all his Majesty's "Subjects, after the mention with what humility the Ordi"nance was prepared, and prefented to his Majefty (a mat❝ter very evident in the Petitions, and Meffages concerning "it) and his refufal to give his Confent, notwithstanding the "several reasons offer'd of the neceffity thereof for the fe curing of his Perfon, and the Peace and Safety of his Peo"ple (whether any fuch reasons were given, the weight of "them, and whether they were not clearly and candidly An"fwer'd by his Majefty, the world would eafily judge) that

they were at last neceffitated to make an Ordinance by Au"thority of both Houfes, to fettle the Militia, warranted "thereunto by the Fundamental Laws of the Land. But, his "Majefty faid, if that Declaration had indeed intended to "have Answer'd him, it would have told his good Subjects "what those Fundamental Laws of the Land were, and "where to be found; and would, at least, have mention'd one "Ordinance, from the first beginning of Parliaments to this "prefent Parliament, which endeavour'd to impofe any thing << upon the Subject without the King's Confent; for of fuch, "he faid, all the enquiry he could make could never produce "him one instance. And if there were fuch a Secret of the "Law, which had lain hid from the beginning of the World "to that time, and now was discover'd to take away the "Juft, Legal Power of the King, he wished there were not "fome other Secret (to be difcover'd when they pleafed) "for the ruin, and deftruction of the Liberty of the Subject. σε For, he faid, there was no doubt if the Votes of both "Houses had any fuch Authority to make a new Law, it had "the fame Authority to repeal the old; and then, what would "become of the long eftablished Rights and Liberties of "the King and Subject, and particularly of Magna Charta, "would be eafily difcern'd by the most ordinary Under"standing.

"HE faid, it was true, that he had (out of tenderness of "the Conftitution of the Kingdom, and care of the Law, "which he was bound to defend, and being most afsured of "the unjustifiablenefs of the pretended Ordinance) invited, "and defired both Houfes of Parliament to fettle whatsoever "fhould be fit of that nature by Act of Parliament. But was "he therefore obliged to pafs whatsoever should be brought

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"to him of that kind? He did fay in his Answer to the Pe"tition of both Houfes prefented to him at Tork the 26th "of March laft (and he had faid the fame in other meffages "before) that he always thought it neceffary that the bufinefs of the Militia fhould be fettled, and that he never "denied the Thing, only denied the Way; and he said the "fame ftill; and that fince the many Difputes and Votes, cc upon Lords Lieutenants and their Commiffions (which had "not been begun by his Majefty, nor his Father) had so dif "countenanced that Authority, which for many years toge"ther was happily looked upon with reverence, and obe"dience by the People, his Majefty did think it very neceffary, "that fome wholefome Law fhould be provided for that Bu"finefs; but he had declared in his Answer to the pretended "Ordinance, that he expected, that that neceffary Power "fhould be first invested in his Majefty, before he consented "to transfer it to other men; neither could it ever be ima"gined that he would confent that a greater Power should "be in the hands of a Subject, than he was thought worthy "to be trusted with Himfelf. And if it should not be thought "fit to make a new Act or Declaration in the point of the "Militia, he doubted not, but he should be able to grant fuch "Commiflions as fhould very legally enable thofe he trufted, " to do all Offices for the peace and quiet of the Kingdom, if "any disturbance fhould happen.

"BUT it was faid, he had been pleased to offer them a "Bill ready drawn, and that They, to exprefs their earnest "Zeal to correfpond with his defire, did pafs that Bill; and

yet all that expreffion of Affection and Loyalty, all that ear"neft defire of theirs to comply with his Majefty, produced "no better effect than an abfolute denial, even of what by "his former Meffages his Majefty had promised; and so that "Declaration, he faid, proceeded, under the pretence of men"tioning evil and wicked Councils, to cenfure and reproach "his Majefty in a Dialect, that, he was confident, his good "Subjects would read, on his behalf, with much Indigna"tion. But, his Majefty faid, fure, if that Declaration had "paffed the examination of both Houfes of Parliament, they "would never have affirmed, that the Bill he had refused to "pafs, was the fame he had fent to them, or have thought "that his Meffage, wherein the difference, and contrariety "between the two Bills, was fo particularly fet down, would "be Answer'd with the bare Averring them to be one and "the fame Bill: nor would they have declar'd, when his ex"ceptions to the Ordinance, and the Bill, were so noto"riously known to all, that care being taken to give fatisfa"ction in all the particulars he had excepted against in the

“Ordi

"Ordinance, he had found New exceptions to the Bill; and "yet that very Declaration confeffed, that his exception to "the Ordinance was, that in the difpofing and execution "thereof, his Majefty was Excluded: and was not that an exprefs reafon, in his Anfwer, for his refufal of the Bill; "which that Declaration would needs confute?

"BUT the Power was no other than to fupprefs Rebel"lion, Infurrection, and Forreign Invafion: and the Perfons "trufted, no other than fuch as were nominated by the Great "Council of the Kingdom, and affented to by his Majesty: "and they asked, if that were too Great a power to truft "thofe Perfons with? Indeed, his Majefty faid, whilst fo "great Liberty was used in Voting, and Declaring men to "be Enemies to the Common-wealth (a phrase his Majesty "fcarce understood) and in cenfuring men for their Service, "and Attendance upon his Majefty's Perfon, and in his law"ful Commands, great heed must be taken into what hands "he committed fuch a Power to fupprefs Infurrection, and "Rebellion; and if Infurrection and Rebellion had found

other Definitions than what the Law had given, his Majesty "must be fure that no Lawful power fhould Juftify thofe De"finitions: and if there were Learning found out to make "St John Hotham's taking Arms against him, and keeping his "Majefty's Town and Fort from him, to be no Treafon or "Rebellion, he knew not whether a new Discovery might "not find it Rebellion in his Majefty to Defend Himfelf "from fuch Arms, and to endeavour to recover what was fo taken from him; and therefore, he faid, it concern'd him, till the known Laws of the Land were allow'd to be Judge "betwen them, to take heed into what hands he committed «fuch power.

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"BESIDES, he asked, whether it could be thought, that because he was willing to truft certain Perfons, that he was obliged to truft them in Whatsoever they were willing to "be truited? He faid, no Private hands were fit for fuch a "Truft, neither had he departed from any thing, in the "leaft degree, he had offer'd or promifed before; though He "might with as much reafon have withdrawn his Truft from fome Perfons, whom before he had accepted, as They "had done from others, whom they had recommended. For the power which he was charged to have committed to par"ticulat Perfons, for the fpace of fifteen years, by his Com"miffions of Lieutenancy, it was notoriously known that it

was not a power created by his Majefty, but continued "very many years, and in the moft happy times this King"dom had enjoyed, even those of his renown'd Predecef"fors, Queen Elizabeth, and his Father of happy memory;

" and