A Part of the Late King's ANSWER To the Humble PETITION and ADVICE Of Both Houses of Parliament Sent unto his Majesty with nineteen Propositions the second of June 1642. My Son, fear thou THE LORD, AND THE KING, and meddle not with them that are given to change. For their calamity shall rise suddenly, and who knoweth the ruin of THEM BOTH, Prov. 24.21, 22. Him that saith to the wicked thou art righteous, him shall the people curse, Nations shall abhor him, Prov. 24.24. Printed at the Request and Charge of Sir Francis Nethersole Knight, for the settling of the minds of all the good people of this Kingdom in the love of the ancient Legal form of Government, whosoever may become the Governor thereof. With two Letters of the said Sir Francis Nethersole, one already printed before his Project for an equitable and lasting Peace, and the other a written Letter therewith sent to divers persons, never before Printed. Printed in the Year, 1659. A part of the late Kings Answer to the humble Petition and Advice of both Houses of Parliament sent unto his Majesty, with nineteen Propositions the second of June 1642. WE suppose these Demands by this time to appear such as the Demanders cannot be supposed to have any such real fear of us as hath been long pretended, they are too much in the style, not only of equals, but of Conquerors, and as little to be intended for removing of jealousies (for which end they are said to be asked, and that is not as Merchants ask at first much more than they will take, but as most necessary to effect it which (if they be) God help this poor Kingdom, and those who are in the hands of such persons, whose jealousies nothing else will remove) which indeed is such a way, as if here being differences and suits between two persons, where of one would have from the other several parcels of his ancient Land, he should propose to him by way of accommodation, that he would quit to him all those in question, with the rest of his Estate, as the most necessary and effectual means to remove all those suits and differences. But we call God to witness, that as for our Subject's sake these Rights are vested in us, 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, equal, happy, well-poised, and never-enough commended Constitution of the Government of this Kingdom, nor to make ourselves of a King of England a Duke of Venice, and this of a Kingdom a Republic. There being three kinds 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 jointly on in their proper Channel (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 Licentiousness. 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 Counsel in the ablest persons of a State for the public benefit: The good of Democracie is Liberty, and the Courage and Industry which Liberty begets. In this Kingdom the Laws are jointly 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 Privileges: The Government according to these Laws, is trusted to the King, Power of Treaties of War and Peace, of making Peers, of choosing Officers and Counsellors for State, Judges 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 kind are placed in the King. And this kind 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 licentiousness. Again, that the Prince may not make use of this high and perpetual power to the hurt of those for whose good he hath it, and make use of the name of Public necessity 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 choosing of them that should govern) is solely entrusted with the first Propositions concerning Levies of Money● (which is the sinews as well of Peace as War) and the impeaching of those, who for their own ends, though countenanced by any surreptitiously 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 Judicatory power, are an excellent Screen and Bank between the Prince and People, to assist each against any encroachments of the other, and by just judgements to preserve that Law, which ought he 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 ourselves, both to call a Parliament every three years, and not to dissolve it in fifty days, and for the present exigent, the better to raise money, and avoid the pressure (no less grievous to us 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 yielded 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 Party should have been encouraged or enabled to have persuaded them, first to countenance the injustices and indignities we have endured, and then by a new way of Satisfaction for what was taken from us, to demand of us 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 than sufficient to prevent and restrain the power of Tyranny, and without the power which is now asked from us, We shall not be able to discharge that Trust which is the end of Monarchy, since this would be a total Subversion of the Fundamental Laws, and that excellent Constitution of this Kingdom, which hath made this Nation so many years both Famous and happy to a great degree of Envy; 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 us, but to look on; since the encroaching 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 joint Government in us with our Counsellors, (or rather our Guardians) will return us to the worst kind of Minority, and make us despicable both at home and abroad, and beget eternal Factions and Dissensions (as destructive to public Happiness as War) both in the chosen, and the Houses that choose them, and the people who choose the Choosers; since so new a power will undoubtedly intoxicate persons who were not born to it; and beget not only Divisions among them as equal, but in them contempt of us as become an equal 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 nearer degree to themselves, and being to have redress only from those that placed them, and fearing they may be inclined to preserve what they have made, both out of kindness and policy; since all great changes are extremely inconvenient, and almost infallibly beget yet greater changes, which beget yet greater inconveniences. 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 jealousies would be soon raised against them; and the like Propositions for reconciliation of Differences would be then sent to them, as they now have joined to send to us, till (all power being vested in the House of Commons, and their number making them incapable of transacting Affairs of State with the necessary Secrecy 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 wild humours, how contrary soever to established Law, on their own real Good) discover this Arcanum imperii, That all this was done by them, but not for them, grow weary of journy-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 equal 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 careful of preserving the Laws in what is supposed to concern wholly our Subjects, as in what most concerns ourselves: For indeed we profess to believe, that the preservation of every Law concerns us, those of obedience being nor secure, when those of protection are violated; And we being most of any injuried in the least violation of that, by which we enjoy the highest Rights, and greatest Benefits, and are therefore obliged to defend no less by our, interest then by our duty, and hope that no jealousies to the contrary shall be any longer nourished in any of our good people, by the subtle 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 show you, that no just indignation at so reproachful offers shall make us refuse to grant what is probable to conduce to the good of our good People, because of the ill company it comes 〈◊〉, 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. Minute of a written LETTER sent to many with the Printed one, and Project for an equitable and lasting Peace. July 1648. SIR, I Send you here with a project, the design whereof is to unite all them of what opinion or party soever in Church or State, that are of this judgement, That the later of them cannot be rendered more happy by any Utopian alteration, than it may be by making sufficient provision for the continuance of the well experimented government thereof within the ancient bounds, as it and they are already established by the known Law of the Land: nor the former like ever to be settled again in any Government, till this be agreed upon on all sides, That if it be the duty of the Civil Magistrate to make any Laws concerning Ecclesiastical Policy, than it is sin, because Treason in this, and (I think) in all other States for any man of any opinion by force of Arms to attempt the Reformation of the Laws in being, how contrary soever to the institution of Jesus Christ, or to the advancement of his Kingdom they may think those Laws to be. Of which judgement in both points you are conceived to be. That is all the reason of this address to you, and of this further request that you would be pleased to put other copies sent herewith into the hands of wise men of your acquaintance, and of the same mind with you, upon the terms mentioned in the conclusion of the prefixed Letter; and to do me the honour to vonchsafe me yourself, and to procure me from them, such an answer thereunto as I have had the presumption for the matter to prescribe, because I best know my own end in desiring it, being no other, but that I may employ it to the facilitating of a safe, and well-grounded peace, which is the earnest longing of all good men. I know not why you, or they, or any honest man should be of doing me this favour for fear of any danger: Yet because the times are indeed very queasy, I send you hear with such a direction for the conveyance of your Answer to me, that if you keep your own counsel it will be impossible for man to find you out without my discovering you, which I do hereby engage the faith of a Gentleman never to do without your leave: and perchance you may take that for some security, when I shall have told you that I have often written this sentence of my own making in the Books of many of my friends of divers Nations, Maximum ad vitam adjumentum intemerata fides, And that though this hand be unknown to you, yet he is not that maketh use of it to subscribe himself as in truth he is, Sir, Your most humble and faithful servant P. D. A Letter sent to divers prudent persons of all sorts. SIR, I Humbly pray you to take the pains to peruse first the Declaration of the Lords and Commons Assembled in Parliament, of the fourth and his Majesties of the twelfth of August. 1642. After them the Considerations Dedicated to the Lord Mayor and Aldermen of the City in the year 1642. Comparing the second sheet thereof with a part of the Declaration of the Army of the 14. of June 1647. from those words, [But because neither the granting of this alone, etc.] to these [we desire that the right and freedom of the people to represent, etc.] And in the last place the Project I send you with this, (built upon the same foundation: which was first laid in the Considerations, and which the Army once thought firm enough to support their hopes of common and equal right, and freedom to themselves, and to all the freeborn people of this Land) at as much leisure as you may obtain from your many other great occasions, and with as much attention as you may think fit to bestow upon a piece of no more worth, bearing these thoughts in your mind while you are reading it. 1. Whether it had not been honourable for the King and his Party safe for the Parliament and theirs, and equitable for both, to have made a Peace upon the terms therein designed at the time of the writing thereof, which was upon the first news of the Scots resolution to come into England the second time, and from a desire to have kept them out then by agreeing among ourselves. 2. Whether (under favour, and with all humbleness be it written) it had not been more conducible to the Reformation and establishment of Religion in the Kingdoms of England, and Ireland in Doctrine, Worship, Discipline and Government, according to the Word of God, which ought to be the only rule thereof) and to the extirpation of Popery, Superstition, Heresy, Schism, Profaneness, and whatsoever may be found contrary to sound Doctrine and the power of godliness: And to the preservation and defence of the King's Majesty's person, and authority of the rights and liberties of the Parliament of England, and the liberties and public weal of this Kingdom, for the King and all the subjects thereof at that time to have come to a peace among themselves upon the said designed terms, then to have continued the War by calling in strangers to their respective assistance upon the terms practised by one side, and in probability designed by the other. 3. Whether it may not be thought more expedient for the two Houses of the Parliament of England, and the whole people thereof, to come to an agreement with his Majesty upon the same terms at this time notwithstanding the great alteration of affairs in their favour since the Project was designed, then either to engage in a new War against the Scots, with such a division among Englishmen as will be an indubitable consequent, if not an antecedent thereof, or to admit them to be Umpires in the affairs of England, as they will become, if the differences between his Majesty and his English Subjects should by God's mercy come to an Accommodation upon their third, as those between his Majesty and the Scots did upon their first bringing an Army into this Kingdom. 4. Whether any, and what exception can be taken to the justice or equitableness of any particular Article of the Project, even at this time, without having respect to this practicableness thereof, whereof perhaps there may be less doubt ere long, though I yet see no other sufficient ground for it but this, that methinks the tide is turning. Such are the revolutions of humane affairs. And lastly, in case any of the said Articles shall be judged though neither unjust, now unequal, yet impracticable, as things now stand, whether the said Project may not be reduced to fit the present conjuncture of affairs with some additions, abatements, or alterations; and what alterations, abatements, or additions may be found just and reasonable for the two Houses of Parliament to insist upon, & for his Majesty to yield unto in respect of the change & present state of affairs. Secondly, to pass your censure, and let me know your sense upon all the aforesaid particulars with the freedom a freeman of this Kingdom, for whom I conceive it to be lawful with due submission to those in authority to confer together in a private way about the best means to recover, and maintain a lasting Peace in the Realm; especially at a time when there is cause of fear that it may be yet longer discontinued by the coming in of strangers in Arms, which is once more our condition at the present. And in particular, How you conceive the Militia may be settled so, as may be honourable for the King, and yet safe for his Parliament and Kingdom of England, according as is designed in the Project: Upon the receipt of which favour from you, I do hereby engage myself to make you a return of my thoughts upon the fifth and last Article, and by way of Advance do now let you know, that to the three first I should make a short Answer in the Affirmative, to the fourth in the Negative. In the last place I do here promise you to keep your Answer to myself only, if you shall so require me, or if I shall publish it with your leave, yet never to discover your name, if you shall command me to conceal it. In exchange of which promise I must crave one from you, to suffer no copy to be taken in writing, nor any new impression to be made either of the Project, or of this Letter, until I may find the season opportune for the Publication of them, which I do not as yet. And for that reason though I send you them in Print, to ease the trouble of transcribing, I have made sure to have all the Copies in my own keeping. And so I remain. Sir, Your most humble servant. P.D. Dated Junii— 1648. the Climacterical year of this Kingdom. POSTSCRIPT. SIR, UPon second thoughts I find it necessary for me to give you a brief account why I did not publish this Project when it was first designed, nor in all the long time sit hence elapsed, and yet have thoughts of doing it now. You may therefore please to understand, that my purpose at first was to have printed two Copies thereof, the one at London, the other at Oxford, to avoid the great prejudice of being reputed partial. But before I could effect this, it came to my knowledge that the writer of the Considerations had found means to have them put into the hands of certain persons of prime quality, and credit in both places, and had found that the cornerstone of his Considerations, and of my Project (borrowed from him) was rejected by some of too great power on both sides, as he foresaw, & foretold it was like to be. This made me give over my purpose at that time. And from that time the Design lay by me as a neglected and useless piece, till the Army having gotten the King into their power, was upon their march from Newmarket with an intention (as was voiced) to have brought his Majesty up to London without more ado. The apprehension I then had that this might prove very dangerous to the Commonwealth, (to the prosperity whereof, and of his Majesty, if I know my own heart, it beareth with an equal pulse) stirred me so far that I was once more determined to have published my conceit what, and no more was needful to be transacted before his Majesty's return to his Palace at Westminster, and to that end had sent this simple Project to a Licencer. In this nick of time forth came the Army's Declaration of the 14. of June, 1647. Wherein finding the main of what I had ever thought very expedient, if not altogether necessary, to be mainly insisted on by Sir Thomas Fairfax, and his Officers and soldiers, I was much rejoiced to see the work whereunto I desired to have contributed my weak endeavours to be taken into abler hands, and there I left it. Whether his excellency, and his chief Officers, (for the opinion of his common soldiers and their Agitators is to be of no regard) be since fallen from what they 〈◊〉 declared to be their deliberate, and determinate judgement, I leave him and them to give an account to God, and the World. I am sure 'tis commonly believed, that they only made show of being of the mind at large ●●pressed in the fore mentioned Declaration to ingratiate themselves with the Kingdom, till by that means they had quietly gotten all the strength thereof into their own, and their parties hands: And that they are at present the most averse of any other to a Personal Treaty at London, On the other side it is too manifest, that the generality of the City, and Country, are perhaps too violent for his Majesty coming thither without engaging his Royal word to pass the three Preparatory Bills, apprehended like to be of hard digestion to his Majesty, and it is further apprehended that the two Houses of Parliament may also happen to be divided upon this point. Perchance a middle way may be found as fair, and safe, as either of the former, and not impassable either with his Majesty or with the two Houses. This induced me now to submit my conceit to censure of wiser men. And if for the groundwork it shall be so happy as to receive any measure of approbation from any considerable number of such as yourself, it is not impossible that I may be thereby emboldened to expose it to the eye of the people, which I conceive to be sharper than the sight of any one, or of any few of the wisest men of the land. Sir, I crave your pardon for this addition to your trouble, and remain as before, and ever. FINIS.