HIS majesties anwer, TO THE PETITION; CONCERNING THE DISBANDING OF HIS GAVRD: As also, His Proclamation forbidding all his Majesties Subjects belonging to the Trained Bands, or Militia of this Kingdom, to Rise, March, Muster, or Exercise by virtue of any Order or Ordinance of one or both Houses of Parliament, without Consent or Warrant from His majesty, upon pain of punishment according to the Law. fireship are annexed, two Orders of both Houses of Parliament: The one to all High Sheriffs, and other Officers within a hundred and fifty Miles of the city of YORK. The other, in particular to the High Sheriffs, and other Officers, within the county of Lancaster: In general, to all the Counties of England, and Dominion of Wales. With Votes of both Houses of Parliament, and sundry Articles, or Acts of Parliament, to confirm the same. Taken out of the Records of the Tower. Die Sabbathi 28. May. 1642. Ordered by the Lords in Parliament, that these Votes with the Articles, be forthwith Printed, and published. Jo. brown Cleric. Parliamentorum. LONDON: Printed the first of june, for W. gay. 1642. HIS majesties anwer TO the Petition, concerning the disbanding of His Guard: Presented to His majesty at YORK, the 23. of May, 1642. WE cannot but extremely wonder, that the causeless jealousies concerning Us, raised and fomented by a malignant Party in this Kingdom, which desires nothing more then to snatch themselves particular advantages out of a general combustion( which means of advantage shall never be ministered to them by Our fault or seeking) should not onely be able to seduce a weak party in this Our Kingdom, but seem to find so much countenance even from both Houses, as that Our raising of a Guard( without further design, then for the safety of Our Person; an action so legal in manner, so peaceable upon causes so evident and necessary) should not onely be looked upon, and petitioned against by them, as a causeless jealousy, but declared to be the raising of a war against them, contrary to Our form Professions of Our care of Religion and Law. And we no less wonder, that this Action of Ours should be said( in a very large expression) to be apprehended by the Inhabitants of this country, as an affrightment and disturbance to Our People; having been as well received here, as it is every where to be justified; and( We speak now of the general, not of a few seduced particulars) as●●sted and sped by this country, with that loyal affection and alacrity, as is a most excellent example set to the rest of the Kingdom, of care of Our safety upon all occasions, and shall never be forgotten by Us, nor we hope, by Our Posterity; but shall be ever payed to them in that which is the proper expression of a Princes gratitude, A perpetual vigilant care to govern them justly, and to preserve the onely Rule by which they can be governed, The Law of the Land. And we are confident, That if you were yourselves Eye-witnesses, you would see so the contrary, as to give little present thanks, and hereafter little credit to your Informers: And if you have no better intelligence of the inclinations and affections of the rest of the Kingdom, certainly the minds of Our People( which to some ends and purposes you represent) are but ill represented unto you. Have you so many moneths together not contented yourselves to rely for security( as your Predecessors have done) upon the affection of the people, but by your own single authority raised to yourselves a Guard,( and that sometimes of no ordinary numbers, and in no ordinary way) And could not all those Pikes and Protestations, that Army on one side, and that navy on the other, persuade Us to command you to disband your Forces, and to content yourselves with your ordinary ( that is, with no) guard, or work us in an opinion, that you appeared to levy war against Us, or had any further design: And is it possible that the same Persons should be so apt to suspect and condemn Us who have been so unapt in the same matter,( upon much more ground) to tax or suspect them? This is Our case, notwithstanding the care and fidelity of Our Parliament, Our Fort is kept by armed men against Us, Our proper goods, first detained from Us, and then, contrary to Our Command, by strong hand, offered to be carried away( in which at once all Our property, as a private Person, all Our Authority as a King, are wrested from Us;) and yet for Us to secure ourselves in a legal way( that Sir John Hotham may not by the same Forces, or by more raised, by pretence of the same Authority( for they say he raiseth daily some, and know it no new thing for him to pretend Orders that he cannot show) continue the war that he hath levied against Us, and as well imprison Our Person, as detain Our Goods, and as well shut Us up in York, as shut Us out of Hull.) is said to be esteemed a cause of great jealousy to the Parliament, a raising War against them, and of danger to and whole Kingdom. While these Injustices and Indignities offered to Us are count●nanced by them who ought to be most forward in our vindication and their punishment, in observation of their oaths, and of the trust reposed in them by the people, and to avoid the dissolution of the present Government: Upon which case the whole world is to judge, whether We had not reason, not wholly to rely upon the care and fidelity of Our Parliament( being so strangely blinded by malignant spirits, as not to perceive Our injuries) but to take some care of Our own Person, and in order to that, to make use of that Authority which the laws declare to be in us: And whether this Parliament, with such a threatening conclusion, accompanied with more threatening Votes, gives us not cause rather to increase then to dimin●sh O● guard, especially since We saw before the Petition a printed paper, dated the 17. of May, under written Hen. Elsing. clear. D come. commanding( in the name of both Lords and Commons) the Sheriffs of all Our Counties, to suppress such of Our subjects, as by any of Our Commands shall bee drawn together, and( 〈◇〉 at paper calls it) in a posture of War, charging Our Officers and Subjects to ass●●●●em in the performance thereof, at their perils: For though We cannot suspec● that this paper( or any bare votes, not grounded upon Law or Reason, or qu●●t●ion of repealed Statutes) should have any ill influence upon Our good people, who know their duties too well, not to know, that to take up arms against those, who ●●on a legal Command( that is Ours) come together to a most legal end( that is, Our security and preservation) were to levy war against Us, and who appear in this County( no less satisfied with the legality, convenience and necessity of these Our Guards, and no less sensible of the indignities and dangers( which makes it necessary) then We are ourselves: Yet if that Paper be really the Act of both Houses, We cannot look upon it, but as the highest of scorns and indignities, first, to issue commands of force against Us, and after those have appeared useless to offer by petition, to persuade Us to that which that force should have effected. We conclude this Answer to your Petition, with Our counsel to you, That you join with Us in exacting satisfaction for that unparalleled, and yet unpunished action of Sir John Hothams; and that you command. Our Fort and Goods to bee returned to Our own hands, that you lay down all pretences( under pretence o● necessity, or declaring that is Law) to make Laws without us, and( by consequence) put a cipher of us; that you declare effectually against Tumults, and call in such Pamphlet●,( punishing the authors and publishers of them) as seditiously endeavour to disable us from protecting Our people, by weakening( by false Aspersions, and new false Doctrines) Our Authority with them, and their confidence in Vs. The particulars of which Tumults and Pamphlets Wee would long since have taken care, that Our learned council should have been enabled to give in evidence, if, upon Our former offer We had received any return of encouragement from you in it. And if you do this, you then( and hardly till then) will persuade the world, that you have discharged your duty to God, the trust reposed in you by the people, and the fundamental laws and Constitutions of the kingdom, and employed your care and utmost power to secure the Parliament,( for We are still a part of the Parliament, and shall be till this wel-founded Monarchy be turned to a Democra●● and to preserve the peace and quiet of the Kingdom; Which, together with the defence of the Protestant profession, the Laws of the Land, and Our own just Prorogative( as a part of, and a defence to those laws) have been the main end, which in Our Consultations and Actions, We proposed to ourself. ¶ A Proclamation by the King. WHereas by the Statute made in the seventh year of King Edward the first, The Prelates Earls, Barons, and Commonalty of the Realm affirmed in Parliament, That to the King it belongeth, and His part it is by his royal Seigniority, straitly to def●nd wearing of armor, and all other Force against the Peace, at all times when it shall please Him, and to punish them which shall do contrary, according to the Laws and usages of the realm; and hereunto all subiects are bound to aid the K●●g as their sovereign Lord at all seasons, when need shall be. And whereas We understand, that expressly contrary to the said statute, and other good Laws of this Our Kingdom under colour and pretence of an Ordinance of Parliament, without 〈◇〉 Consent, or any Commission or Warrant from Us, The Trained Bands, a●● Militia, of this Kingdom have been lately, and are intended to be put in Ar●●, and drawn into companies in a war-like manner, whereby the Peace and Quiet of Our subjects is, or may be disturbed: We being desirous by all gracious and fair Admonitions to prevent, That some malignant Persons in this Our kingdoms do not by degrees seduce Our good Subjects from their due obedience to Us, and the Laws of this Our Kingdom, subtly endeavouring by a general Combustion or Confusion, to hid their mischievous designs and intentions against the Peace of this Our Kingdom, and under a specious pretence of putting Our Trained Bands into a Posture, draw and engage Our good subjects in a warlike Opposition against Us, as Our Town of Hull is already, by the Treason of Sir John Hotham, who at first pretended to put a Garrison into the same, onely for Our Security and Service. We do therefore by this our Proclamation expressly charge and Command all Our Sheriffs, and all Colonels, Lieutenant Colonels, sergeant Maiors, Captains, Officers, and Souldiers belonging to the Trained Bands of the Our 〈…〉, and likewise all high and Petty Constables, and other Our Officers and Sub●●cts whatsoever, upon their Allegiance, and as they tender the Peace of this Our Kingdom, Not to Muster, levy, Raise or March, or to Summon, or Warn upon any Warrant, Order, or Ordinance from one or both Our Houses of Parliament( whereto We have not, or shall not give Our express Consent) any of Our Trained bands, or other Forces, to Rise, Muster, March, or Exercise, without express Warrant under our Hand, or Warrant from Our Sheriff of the County, grounded upon a particular Writ to that purpose, under Our great Seal. And in case any of our Trained Bands shall Rise, or gather together, contrary to this Our Command, We shall then call them in due time to a strict Account▪ and proceed Legally against them as Violaters of the Laws, and Disturbers of the Peace of the Kingdom. Given at Our Court at York the seven and twentieth day of May, 1642. ¶ By the King. OUr will and Pleasure is, That the Ministers, Freeholders, Farmers, and substantial Copy-holders of this our county of York, do assemble and meet together at Heworth Moor, near Our City of York, upon Friday in Whitfon week( according to former summons) by nine of the clock in the Morning. For that We are informed there are divers Fayrs to be kept in this Our County the day following at which time many of them may have necessary occasions to be absent: and therefore, out of our tenderness and care of our good Subiects, We have thought fit to give this early notice, to the end the said Inhabitants may be put to as little prejudice as may be. And this Our pleasure We require to be forthwith Printed, and Copies thereof to be speedily published and dispersed by the Sheriff of this County: For which this shall be sufficient Warrant. Given at our Court at York, the seven and twentieth day of May, 1642. Die Veneris 27 Maii. 1642. WHereas it appears to the Lords and Commons, that the King seduced by wicked counsel, intends to make war upon his Parliament. It is therefore Ordered by the Lords and Commons, that the High Sheriffes, and Justices of the Peace▪ and other Officers, within the same Counties, Cities, and towns Corporate, situate within 150. Miles of york, sh●ll forthwith take special care for to make stay of all arms, and Ammunition carrying towards york, until they have given notice thereof unto the Lords and Commons, and shall have received their further direction. And for the better affecting hereof, the said High Shriefes, Justices of the Peace, and other officers, are further to take special care, that strict watches be kept within their several limits, and jurisdictions, for the scarching for, and seizing of, all such arms and Ammunition, as likewise for the apprehending all persons going with the same. Die Sabbathi 28. May, 1642. WHereas it appears, that the King seduced by wicked counsel, intends to make war against the Parliament, and under the colour of a guard to secure his royal Person, doth command troops both of Horse and Foot to assemble at York; All which is against the Laws of the Kingdom, tending to the dissolution of the Parliament, and destruction of his people. It is therefore ordered by the Lords and Commons in Parliament, that the Sheriffes of the County of Lancaster, and all other Sheriffes of the Kingdom of England, and Dominion of Wales, shall by the power of that County, and of their several Counties, respectively, suppress the raising, and coming together of any Souldiers, Horse or Foot, by any warrant, commission, or order from His Majesty, without the advice and consent of the Lords and Commons in Parliament; And that all persons whatsoever do forbear to execute any such commission, or warrant for levying Souldiers, or gathering them together without consent of Parliament; And those who shall execute, or obey any such Commission, or warrant, are hereby declared to be disturbers of the peace of the Kingdom. And the Lord Lieutenant of the County of Lancaster, and all Lords Lieutenants of all other Counties in the Kingdom of England, or Dominion of Wales respectively, as likewise all deputy Lieutenants, Captains and Officers of the Trained Bands, and all Majors, Justices of peace, and other his Majesties loving Subjects, are hereby commanded, and required to be aiding, and assisting to the said sheriff of the County of Lancaster, and to the other Sheriffes of the Counties of this Kingdom, and of the Dominion of Wales; And that his Majesties loving Subjects may the better understand what the Law, and their own duty is in this behalf, the said sheriff of Lancashire, and other Sheriffes of the other Counties of this Kingdom respectively, shall cause this present Order, forthwith to be published in the several Market Towns within their said Counties. Sabbathi 28. Maii. 1642. Ordered by the Lords in Parliament that these shall be forthwith Printed and published. John brown, clear. Parl. Out of the Roll of the Parliament held at Westminster, 11 R. 2. I Tim by the said encroachment, the aforesaid Alexander Arch-bishop of york, Robert de Vere Duke of Ireland, Michael de la pool earl of suffolk, Robert Tressilean false Iustice, and Nichol. Brembre false Knight of London, have done, that, whereas at the last Parliament, all the Lords and other wise men and Commons there assembled, seeing the loss of the King and his kingdom eminent, as well for the perils and mischiefs a foresaid, as that the King was departed from the council of the kingdom, and hearkened wholly to the council of the aforesaid malefactors and traytors, as also because the French King with his royal power was shipped upon the Sea, ready to have come into England to destroy the Kingdom, and the English tongue, and that no ordinance nor government was then established for the safety of the King nor of the kingdom, they knew not other remedy thereupon, but remonstrated unto the King at full, how that he was ill governed, counseled, and carried away, by the aforesaid traytors and malefactors, declaring unto him their wicked conditions, and required him most humbly as his loyal subiects for the safety of him, and of his whole kingdom, and for the avoiding of the perils aforesaid, to let go and put from him the aforesaid malefactors and traytors out of his presence and company, and that he would not do hereafter according to their wicked counsels, but that he would follow the wise, loyal, and discreet men of the kingdom, and thereupon the said traitors and malifactors, seeing this good and honourable opinion of the Parliament, and to disturb their good purposes theerein, by their false counsel caused our Lord the King to command the Maior of London to cause a great power of the people of London to be suddenly leevied, for to kill and to put to death all the said Lords& Commons except only such as were of there party, at the doing of which wicked act, the said great malefactors, and traitors should have been parties and present to the destruction of the King and all his realm. Article 29. Item, For to accomplish this high treason aforesaid by their council, the aforesaid Alexander Arch-bishop of york. Robert Veere Duke of Ireland, and Michael de la pole earl of suffolk, caused the King to sand his Letters of Credence to his adversary the French King: som● by one Nicholas Solthwell, groom of his Chamber, and some by other persons of mean fortune, as well Aliens as Denizenes, requiring and praying the said French King, that with his power and council he would be aiding and assisting to our Lord the King to destroy and to put to death the said Lords, and other English, which the King then held his enemies and traitors, as before, to the great disquiet and trouble of his whole kingdom. Article 30. Item, The aforesaid Alexander Archbishrp of York, Robert de veer Duke of Ireland Michael de la pool. earl of suffolk, encroaching unto themselves royal Power, caused the, King to promise unto the French King, and his power, for to accomplish that high treason, prodition, and murder, to give and surrender unto the said French King, the town and Castle of Calis, and all other Castles and Forts in the March of Picardy and Artoys, the Castles& towns of Chirlurge, and of Brerto, to the great dishonour; trouble▪& damage of the King& of his kingdom. Article 37. Item, the aforesaid Alexander Arch B. of york, Robert de Vere Duke of Ireland, Michael de la pool earl of suffolk, Robert Trelsillian false Justice, and Nicholas Brenbre, false Knight of London, malefactors and Trators, during the time of the said protection, to the overthroing of the said appeal, falsely counseled, and caused the King to commend by his letters, divers Knights, Esquires, his Sheriffs, and other his officers of divers Counties, to raise and assemble all the power that they could to come with the said Duke of Ireland, against the aforesaid other Lords Appellants, suddenly to make war against them and destroy them. Article 38. Item, During the time of the said Protection, the aforesaid Robert de veer Duke of Ireland, Michael de la pool, earl of suffolk, Alexander Archbishop of York, Nicholas Brenbre false Knight of London, caused the King by his Letters, to signify to the said Duke of Ireland, how that he and others were appealed of Treason by the said Thomas Duke of gloucester, Constable of England, Richard earl of arundel and Surry, and Thomas earl of Warwick, and how that the King had thereupon given day to the said Parties. with their Men, Goods, and chattels, into his special Protection, and besides, it was contained in the said Letters of the King, that if the said Duke had sufficient power, he should not fail to come on with all his aforesaid Power; and to come to the King, and soon after they procured the King, to writ unto the said Duke of Ireland, that he should take the field, with all his Power, which he could gather together, and that the King would meet him with all his power, and that the King would with him put in hazard his royal person; and that the King was in great danger himself and his whole Kingdom, i● he were not helped and succoured by the said Duke of Ireland, And that the Duke of Ireland should make known this unto all the men that were assembled unto him; and that the King would pay all the wages, and charges of the said Duke of Ireland, and of all the men assembled by him, by virtue of which letters, and the malicious and traitorous exitations as w●ll of the said Duke, as of his Adherents and all the other malefactors and traitors, the said Duke of Ireland assembled a great number of men at arms and Archers, as well the Counties of Lancaster, Chester, and Wales, as of other places of the Kingdom, to destroy, and to put to death the aforesaid Lords, and all other which were assenting to the making of the said Ordinance, Statute and Commission, unto the destruction of the King and his Kingdom. Article 30. Item the said Robert de veer Duke of Ireland, false traitor to the King and Kingdom, assembled a great power of men at arms, and Archers of the Counties of Lancaster, Chester and Wales, and of divers other places, to the intent to have traitorously destroyed so far as in him lay, the Lord, Thomas Duke of gloucester Constable of England, Henry earl of Derby, Richard Earl of Arundel and Surrey, Thomas Earl of Warwick, and Thomas Earl Marshall, and other loyal Subjects of our Lord the King, as well to the destruction and annihilation of our Lord the King, and of his whole Kingdom; and so he rid with great power and force of m●n at Arms, and Archers, from the County of Chester through the Kingdom, till he came near to a certain place, which place is called Rotcotbridge, near to Cotswold, inchroaching to himself Royal● power, caused the banner of the King to be displayed in his company, contrary to the dignity of the King and of his Crown, at which time the said Duke of Ireland and his company, were by the grace of God, disappointed of their wicked purpose. Memorand. That the same Roll containing the Petition of the aforesaid appeal distinguished by Articles as above by quotation is marked, was delivered in the present Parliament, by the aforesaid Duke, and Earls appellants; and Memorand. that afterwards in the same Parliament, the 1. 2. 11. 15. 17. Articles aforesaid are declared, and adjudged treason, and every one of them is declared and adjudged treason. And that that which is contained in the 22. Article of the aforesaid Articles concerning the levying of men, to make war and destroy the Lords and Lieges of the King is likewise declared and adjudged treason. And that the 28. 29. 30 31. 32. 37 38. 39. Articles aforesaid, are also declared and adjudged Treason, and every one of them is declared and adjudged treason, as is set down in the Record and the process annexed and affixed to this Roll on the back side of the said Roll by th●se words, kill petition in presence du Roy nre did Sr. &c. This judgement was confirmed by Act of Parliament, 11. R. 2 ca. 3. 1 H. 4. ca. 3. and 4. of the old printed statutes, and the said statute 1 H. 4. repeals and makes voided the Parliament of 21 R. 2. and all the proceedings thereof, in which forced and tumultuary Parliament, the Acts of the parliament of 11. R. 2. had been reversed. FINIS.