THE PETITION OF THE LORDS AND COMMONS Assembled in Parliament. Presented to His MAJESTY at Beverley the 16 of July 1642. With His MAJESTY'S Answer thereunto. By the King. OUR express pleasure is, That this Our Answer be read and published throughout all Churches and Chapels of the Kingdom of England, and Dominion of Wales, by the several Parsons, Vicars, or Curates of the same. EDINBURGH, Printed by Evan Tyler, Printer to the Kings most excellent Majesty. Anno 1642. THE HUMBLE PETITION Of the LORDS and COMMONS assembled in Parliament: Presented to His Majesty at Beverley the 16. of July 1642. May it please your Majesty, ALthough we, Your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, have been very unhappy in many former. Petitions and Supplications to Your Majesty, wherein we have represented our most dutiful Affections in advising and desiring those things which we held most necessary for the preservation of God's true Religion, Your Majesty's safety and Honour, and the peace of the Kingdom; And with much sorrow do perceive, That Your Majesty, incensed by many false calumnies and slanders, doth continue to raise Forces against us, and Your other peaceable and loyal Subjects, and to make great preparations for War, both in the Kingdom, and from beyond the Seas; And by Arms and Violence to overrule the judgement and advice of Your great Council; and by force to determine the Questions there depending, concerning the Government and Liberty of the Kingdom: Yet such is our earnest desire of discharging our duty to Your Majesty and the Kingdom, to preserve the peace thereof, and to prevent the miseries of Civil War amongst Your Subjects; That notwithstanding we hold ourselves bound to use all the means and power, which by the Laws and Constitutions of this Kingdom we are trusted with for defence and protection thereof, and of the Subjects from force and violence; We do in this our humble and loyal Petition, prostrate ourselves at Your Majesty's feet; beseeching Your Royal Majesty, That You will be pleased to forbear, and remove all preparations and actions of War, particularly, the Foreste from about Hull, from Newcastle, Tinmouth, Lincoln, and Lincolnshire, and all other places; And that your Majesty will recall the Commissions of Array, which are illegal, dismiss Troops, and extraordinary Guards by You raised; That Your Majesty will come nearer to Your Parliament, and hearken to their faithful advice and humble Petitions, which shall only tend to the defence and advancement of Religion, Your Own Royal Honour and Safety, the preservation of our Laws and Liberties: And we have been, and shall ever be careful to prevent and punish all Tumults, and seditious Actions, Speeches, and Writings, which may give Your Majesty just cause of distaste or apprehension of danger; from which public aims and resolutions, no sinister or private respect shall ever make us to decline: That Your Majesty will leave delinquents to the due course of Justice; And that nothing done or spoken in Parliament, or by any Person in pursuance of the command and direction of both Houses of Parliament, be questioned any where but in Parliament. And we, for our parts, shall be ready to lay down all those preparations which we have been forced to make for our defence. And for the Town of Hull, and the Ordinance concerning the Militia; as we have in both these particulars, only sought the preservation and peace of the Kingdom, and the defence of the Parliament from force, and violence, so we shall most willingly leave the town of Hull in the state it was before Sir John Hotham drew any Forces into it; delivering Your Majesty's Magazine into the Tower of London, and supplying whatsoever hath been disposed by us for the service of the Kingdom: We shall be ready to settle the Militia by a Bill, in such a way as shall be honourable and safe for Your Majesty, most agreeable to the duty of Parliament, and effectual for the good of the Kingdom; that the strength thereof be not employed against itself; and that, which ought to be for our security, applied to our destruction: and that the Parliament, and those who profess and desire still to preserve the Protestant Religion, both in this Realm, and in Ireland, may not be left naked, and indefensible, to the mischievous designs, and cruel, attempts of those who are the professed and confederated enemies thereof, in Your Majesty's dominions, and other neighbour-nations. To which, if Your Majesty's courses and counsels shall from henceforth concur, we doubt not but we shall quickly make it appear to the world, by the, most eminent effects of love and duty, That Your Majesty's personal safety, Your Royal Honour and Greatness are much dearer to us then our own lives and fortunes; which we do most hearty dedicate, and shall most willingly employ for the support and maintenance thereof. HIS MAJESTY'S ANSWER To the aforesaid PETITION. THough His Majesty had no great reason to believe, That the directions sent to the Earl of Warwick, to go to the river of Humber, with as many Ships as He should think fit, for all possible Assistance to Sir John Hotham; (whilst His Majesty expected the giving up of the Town unto Him) and to carry away such Arms from thence, as his discretion thought fit to spare out of His Majesties Own Magazine; The choosing a General by both Houses of Parliament, for the Defence of those who have obeyed their Orders and Commands (be they never so extravagant and illegal;) Their Declaration, That in that Case, they would Live and Die with the Earl of Essex their General; (all which were Voted the same day with this Petition) and the Committing the Lord Major of London to Prison for executing His Majesty's Writs and Lawful Commands, were but ill Prologues to a Petition which might compose the miserable distractions of the Kingdom; Yet, His Majesty's passionate desire of the Peace of the Kingdom, together with the Preface of the Presenters, That they had brought a Petition full of Duty and Submission to His Majesty, and which desired nothing of Him, but His consent to Peace, which His Majesty conceived to be the Language of both Houses too) begot a greedy hope and expectation in Him, That this Petition would have been such an Introduction to Peace, that it would at least have satisfied His Message of the eleventh of this Month, by delivering up Hull unto His Majesty. But to His unspeakable grief, His Majesty hath too much cause to believe, That the end of some persons, by this Petition, is not in truth, to give any real satisfaction to His Majesty, but by the specious pretences of making offers to Him, to misled, and Seduce His People, and lay some imputation upon Him, of denying what is fit to be granted; otherwise, it would not have thrown those unjust Reproaches and Scandals upon His Majesty, for making necessary and just Defence for His Own Safety, and so peremptorily justified such Actions against Him, as by no rule of Law or Justice can admit the least colour of defence; and after so many free and unlimited Acts of Grace passed by His Majesty, without any Condition, have proposed such things, which in Justice cannot be denied to Him, upon such Conditions, as, in Honour, He cannot Grant. However, that all the world may see how willing His Majesty would be to embrace any overture, that might beget a right understanding between Him and His two Houses of Parliament, (with whom He is sure He shall have no contention, when the private practices, and subtle insinuations of some few Malignant Persons shall be discovered, which His Majesty will take care, shall be speedily done) He hath with great care weighed the particulars of this Petition, and returns this Answer: That the Petitioners were never unhappy in their Petitions or Supplications to His Majesty, whilst they desired any thing which was necessary or convenient for the preservation of God's true Religion, His Majesty's safety and honour, and the Peace of the Kingdom; and therefore when those general envious foundations are laid, His Majesty could wish some particular instances had been applied. Let Envy and Malice object one particular Proposition for the preservation of God's true Religion, which His Majesty hath refused to consent to what Himself hath often made for the ease of tender consciences, and for the Advancement of the Protestant Religion, is notorious by many of His Messages, and Declarations; what regard hath been to His Honour and safecy, when He hath been driven from some of His Houses, and kept from other of His Towns by Force; and what care there hath been of the peace of the Kingdom when endeavour hath been used to put all His Subjects in Arms against Him, is so evident, that His Majesty is confident, He cannot suffer by those general imputations▪ 'tis enough that the world knows what He hath granted, and what He hath denied. For His Majesty's raising Forces, and making preparations for War, (whatsoever the Petitioners, by the ill Acts of the Enemies to His Majesty's Person and Government, and by the calumnies and slanders raised against His Majesty by them, are induced to believe) all men may know, what is done that way is but in Order to His Own Defence. Let the Petitioners remember That (which all the world knows) His Majesty was driven: from His Palace of Whitehall for safety of His Life; That both House of Parliament, upon their own Authority, raised a Guard to themselves, (having gotten the Command of all the Train-bands of London to that purpose) without the least colour or shadow of Danger; That they usurped a Power, by their pretended Ordinance, (against all principles and elements of Law) over the whole Militia of the Kingdom, without and against His Majesty's Consent; That they took Possession of His Town, Fort, and Magazine of Hull, and committed the same to Sir John Hotham, who shut the Gates against His Majesty; and by force of Arms, denied entrance thither to His Own Person; That they justified this Act, which they had not directed, and took Sir John Hotham into their protection for whatsoever He had done, or should do against His Majesty; And all this whilst His Majesty had no other attendance, than His Own menial Servants: Upon this, the duty and affection of this County prompted His Subjects here to provide a small Guard for His Own Person; which was no sooner done, but a Vote suddenly passed of His Majesty's intention to levy War against His Parliament (which God knows His Heart abhorreth) and notwithstanding all His Majesty's Professions Declarations, and Protestations to the contrary, seconded by the clear Testimony of so great a number of Peers upon the place, Propositions and Orders for levies of Men, Horse, and Arms were sent throughout the Kingdom; Plate, and Money brought in, and received; Horse, and Men raised towards an Army, mustered, and under Command; and all this contrary to the Law, and to His Majesty's Proclamation: And a Declaration published, That if He should use force for the recovery of Hull, of suppressing the pretended Ordinance for the Militia, it should be held levying War against the Parliament; and all this done before His Majesty granted any Commission, for the levying, or raising a Man: His Majesty's Ships were taken from Him, and committed to the custody of the Earl of Warwick, who presumes, under that Power, to usurp to himself the Sovereignty of the Sea; to chase, fright, and imprison such of His Majesty's good Subjects as desire to obey His lawful Commands, although He had notice of the legal Revocation of the Earl of Northumberlands Commission of Admiral, whereby all Power derived from that Commission ceased. Let all the world now judge who began this War, and upon whose account the miseries which may follow must be cast, what His Majesty could have done less than He hath done; and whether He were not compelled to make provision, both for the Defence of Himself and recovery of what is so violently, and injuriously taken from Him, and whether these Injuries, and Indignities are not just grounds for His Majesty's Fears, and Apprehensions of further mischief and danger to Him: Whence the Fears and Jealousies of the Petitioners have proceeded hath never been discovered, the dangers they have brought upon His good Subjects are too evident; what those are they have prevented, no man knows: And therefore His Majesty cannot but look upon that charge, as the boldest, and the most scandalous hath been yet laid upon Him, That this necessary provision, made for his Own Safety and Defence, is to overrule the judgement and advice of his great Council, and by force to determine the questions there depending, concerning the Government? and Liberty of the, Kingdom: If no other force had been raised, to determine those questions then by his Majesty, this unhappy misunderstanding had not been: And his Majesty no longer desires the Blessing, and Protection of Almighty God upon Himself, and His Posterity, than he and they shall solemnly observe the due execution of the Laws, in the defence of Parliaments, and the just freedom thereof. For the Forces about Hull, His Majesty will remove them, when He hath attained the end for which they were brought thither; when Hull shall be reduced again to His subjection, He will no longer have an Army before it; and when He shall be assured, That the same necessity, and pretence of public good, which took Hull from Him, may not put a Garrison into Newcastle, to keep the same against Him, He will remove His from thence, and from Tinmouth; till when the example of Hull will not out of His memory. For the Commissions of Array, which are legal, and are so proved by a Declaration now in the Press; His Majesty wonders why they should at this time be thought grievous, and fit to be recalled; If the fears of Invasion and Rebellion be so great, that by an illegal pretended Ordinance it is necessary to put His Subjects into a posture of defence, to Array, Train, and Muster them, He knows not why the same should not be done in a Regular, Known, Lawful way; but if in the execution of that Commission any thing shall be unlawfully imposed upon His Subjects, His Majesty will take all just and necessary care for their redress. For His Majesty's coming nearer to His Parliament, His Majesty hath expressed Himself so fully in His several Messages, Answers, and Declarations, and so particularly avowed a real fear of His safety, upon such instances as cannot be answered, that He hath reason to take Himself some what neglecsted, That sins upon so manifest reasons, it is not safe for His Majesty to come to them, both His Houses of Parliament will not come nearer to His Majesty, or to such a Place, where the Freedom and Dignity of Parliament might be preserved. However His Majesty shall be very glad to hear of some such example in their punishing the Tumults, (which He knows not how to expect, when they have declared that they knew not of any Tumults, though the House of Peers desired, both for the Dignity and Freedom of Parliament, that the House of Commons would join with them in a Declaration against Tumults) which they refused (that is, neglected to do) and other seditious Actions, Speeches, and Writings, as may take that apprehension of danger from Him: Though, when He remembers the particular complaints Himself hath made of businesses of that nature, and that in stead of enquiring out the Authors, neglect of examination hath been, when offer hath been made to both Houses to produce the Authors, (as in that treasonable Paper concerning the Militia) and when he sees every day Pamphlets published against His Crown, and against Monarchy itself, as the Observations upon His late Messages, Declarations, and Expressions, and some Declarations of their own, which give too great encouragement in that Argument to illaffected persons; His Majesty cannot with confidence entertain those hopes which would be most welcome to Him. For the leaving Delinquents to the due course of Justice, His Majesty is most assured He hath been no shelter to any such; if the tediousness and delay in prosecution, the vast charge in Officers Fees, the keeping men under a general Accusation without trial a whole year and more, and so allowing them no way for their defence and vindication, have frighted men away from so chargeable and uncertain an attendance, the remedy is best provided where the disease grew. If the Law be the measure of Delinquency, none such are within His Majesty's protection: But if by Delinquents such are understood who are made so by Vote, without any trespass upon any known or established Law; If by Delinquents those nine Lords are understood, who are made Delinquents for obeying His Majesty's Summons to come to Him, after their stay there was neither safe nor honourable, by reason of the Tumults and other Violences, and whose impeachment, He is confident, is the greatest breach of privilege that, before this Parliament, was ever offered to the House of Peers; If by Delinquents such are understood, who refuse to submit to the pretended Ordinance of the Militia; to that of the Navy; or to any other which His Majesty hath not consented to; Such, who for the peace of the Kingdom, in an humble manner, prepare Petitions to Him, or to both Houses, as His good Subjects of London and Kent did, whilst seditious ones, as that of Essex, and other places, are allowed and cherished; If by Delinquents such are understood, who are called so, for publishing His Proclamations (as the Lord Major of London) or for reading his Messages and Declarations (as divers Ministers about London and elsewhere) when those against him are dispersed with all Care and Industry, to poison and corrupt the loyalty and affection of his people; If by Delinquents such are understood, who have or shall lend his Majesty money in the Universities, or in any other places; his Majesty declares to all the world, that he will protect such with his utmost power and strength, and directs, That in these Cases they submit not to any Messengers or Warrants, it being no less his duty to protect those who are innocent, then to bring the guilty to condign punishment; of both which the Law is to be judge: And if both houses do think fit to make a General, and to raise an Army for defence of those who obey their Orders and Commands, his Majesty must not sit still, and suffer such who submit to his just power, and are solicitous for the Laws of the Land, to perish and he undone, because they are called Delinquents. And when they shall take upon them to dispense with the attendance of those who are called by his Majesty's Writ, whilst the send them to Sea to rob his Majesty of his Ships, or into the several Counties to put his Subjects in Arms against him, his Majesty (who only hath it) will not lose the power to dispense with them to attend his Own person, or to execute such Offices as are necessary for the preservation of himself and the Kingdom, but must protect them, though they are called Delinquents. For the manner of the proceeding against Delinquents, his-Majesty will proceed against those who have no privilege of Parliament, or in such, Cases where no privilege is to be allowed, as he shall be advised by his learned Council, and according to the known and unquestionable rules of the Law: it being unreasonable, that he should be compelled to proceed against those who have violated the known and undoubted Law only before them who have directed such violation. Having said thus much to the particulars of the Petition, though his Majesty hath reason to complain, That since the sending this Petition, they have beaten their Drums for Soldiers against him, armed their new General with a Power destructive to the Law and Liberty of the Subjects, and chosen a General of their horse; his Majesty out of his Princely Love, Tenderness, and Compassion of his People, and desire to preserve the peace of the Kingdom, that the whole force and strength of it may be united for the defence of itself, and the relief of Ireland, (in whose behalf he conjures both his houses of Parliament, as they will answer the contrary to Almighty God, his Majesty, to those that trust them, and to that bleeding miserable Kingdom, that they suffer not any Monies granted and collected by Act of Parliament to be diverted, or employed against his Majesty, whilst his Soldiers in that Kingdom, are ready to mutiny or perish for want of pay, and the barbarous Rebels prevail by that encouragement) is graciously pleased once more, to propose and require: That his Town of Hull be immediately delivered up to him; which being done (though his Majesty hath been provoked by unheard of Insolences of Sir John Hotham, since his burning and drowning the Country, in seizing his Wine and other Provisions for his house, and scornfully using his Servant, whom he sent to require them, saying, It came to him by Providence and he will keep it; And so refusing to deliver it, with threats, if he or any other of his fellow-servants should again repair to Hull about it; and in taking and detaining Prisoners divers Gentlemen, and others, in their passage over the Humber into Lincolnshire, about their necessary occasions, and such other indignities, as all Gentlemen must resent in his Majesty's behalf) his Majesty, to show his earnest desire of Peace (for which he will dispense with his Own honour) and how far he is from desire of Revenge, will grant a free and general Pardon all persons within that Town. That his Majesty's Magazine taken from Hull, be forthwith put into such hands as he shall appoint. That his Navy be forthwith delivered into such hands as he hath directed for the government thereof, the detaining thereof after his Majesty's directions published and received to the contrary, and employing his Ships against him in such manner as they are now used, being notorious high-treason in the Commanders of those Ships. That all Arms, Levies, and Provisions for a War, made by the Consent of both houses (by whose example his Majesty hath been forced to make some preparations) be immediately laid down, and the pretended Ordinance for the Militia, and all power of imposing Laws upon the Subject, without his Majesty's consent, be disavowed without which, the same pretence will remain to produce the same mischiefs; all which his Majesty may as lawfully demand, as to live; and can with no more Justice be denied him, than his Life may be taken from him. These being done, and the Parliament adjourned to a safe and secure place, his Majesty promises, in the presence of God, and binds himself, by all his confidence and assurance in the affection of his people, that he will instantly, and most cheerfully, lay down all the force he shall have raised, and discharge all his future and intended Levies, that there may be a general face of Peace over the whole Kingdom, and will repair to them; And desires that all differences may be freely debated in a Parliamentary way, whereby the Law may recover its due reverence, the Subject, his just Liberty, and Parliaments themselves, their full vigour and estimation; and so the whole Kingdom a blessed Peace, Quiet, and Prosperity. If these Propositions shall be rejected, his Majesty doubts not of the protection and assistance of Almighty God, and the ready concurrence of his good Subjects, who can have no hope left them of enjoying their own long, if their King may be oppressed and spoilt, and must be remediless. And though his Towns, his Ships, his Arms, and his Money be gotten and taken from him, He hath a good Cause left, and the hearts of his people, which, with God's blessing, he doubts not, will recover all the rest. Lastly, if the preservation of the Protestant Religion, the defence of the Liberty and Law of the Kingdom, the Dignity and Freedom of Parliament, and the Recovery and the Relief of bleeding and miserable Ireland be equally precious to the Petitioners, as they are to his Majesty (who will have no quarrel but in defence of these) there will be a cheerful and speedy consent to what his Majesty hath now proposed and desired. And of this, his Majesty expects a full and positive Answer, by Wednesday the 27. of his instant July: till when he will not make any attempt of force upon Hull; hoping in the Affection, Duty, and Loyalty of the Petitioners; and in the mean time expects, That no supply of Men be put into Hull, or any of his Majesty's goods taken from thence. FINIS.