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<DATE>2014-11-05</DATE>
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<NAME>John Pas</NAME>
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<ITEM>Proofed and reviewed as part of batch B140614.pdcc.</ITEM>
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<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>Rea&s;ons and Grounds of his Maje&s;ties <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">n&s;were to the fir&s;t Propo&s;ition.</HEAD>
<HEAD>The State of the Ca&s;e is this;</HEAD>
<P>THE Commi&s;&s;ioners for the Parliament, by their Pa|per of the eighteenth of <HI>September,</HI> did de&s;ire, That his Maje&s;ty would give his Royall a&s;&s;ent to this Pre|po&s;ition.</P>
<Q>That whereas both Hou&s;es of Parliament have beene nece&s;|&s;itated to undertake a Warre, in their ju&s;t and lawfull Defence; And that the Kingdome of England hath en|tred into a &s;olemne League and Covenant to pro&s;ecute the &s;ame: An Act of Parliament may pa&s;&s;e, whereby all Oathes, Declarations, &amp;c. again&s;t the Hou&s;es of Par|liament, or any for adhering to them, &amp;c. bee declared Null, &s;uppre&s;&s;ed and forbidden.</Q>
<P>To this his Maje&s;ties an&s;wering, That he would con&s;ent to an Act, whereby all Oathes, &amp;c. bee declared Null, &s;up|pre&s;&s;ed and forbidden; And not mentioning the Recitall; The Commi&s;&s;ioners, by their Paper of the twentieth of <HI>September,</HI> doe de&s;ire his Maje&s;ty to Con&s;ent, that tho&s;e words, <HI>Whereas both Hou&s;es of Parliament have beene ne|ce&s;&s;itated to undertake a Warre, in their ju&s;t and lawfull De|fence; And that the Kingdome of England hath entred into a Solemne League and Covenant to pro&s;ecute the &s;ame;</HI> &s;hould bee a part of the Act of Parliament.</P>
<P>After which his Maje&s;ty by his Paper of the twenty fifth of
<PB N="2" REF="2"><HI>September,</HI> in An&s;were to the &s;aid Propo&s;ition of the eight|teenth of <HI>September,</HI> did Con&s;ent thereunto as was de&s;ired.</P>
<LIST>
<HEAD>In this An&s;were, <HI>4</HI> things are con&s;iderable:</HEAD>
<ITEM>1. <HI>Whether it can bee <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">rued an Affirmation or A&s;&s;ent of his Maje&s;ty to the Tr<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> of the Preamble or Recitall?</HI></ITEM>
<ITEM>2. <HI>Whether it can amount to any ju&s;tification of the Par|liaments Cau&s;e <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Party?</HI></ITEM>
<ITEM>3. <HI>Whether <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> Con&s;trued any condemnation of ac|knowledgement, or Guilt in his Maje&s;ty?</HI></ITEM>
<ITEM>4. <HI>Whether it can bee made u&s;e of as any Imputation of guilt to his Maje&s;ty him&s;elfe.</HI></ITEM>
</LIST>
<DIV2 TYPE="part">
<HEAD>As to the Fir&s;t;</HEAD>
<P N="1">1 This cannot be con&s;trued an A&s;&s;ertion or A&s;&s;ent of his Maje&s;ty to the truth of the preamble, becau&s;e the words being but a bare Recitall, and not a po&s;itive Sentence, are in con&s;truction the words of the two Hou&s;es onely, and not of his Maje&s;ty. And therfore if the propo&s;ition were drawn into an Act <HI>in terminis,</HI> as it is now propo&s;ed, &amp; his Maje&s;ty &s;hould a&s;&s;ent unto that Act, his Con&s;ent cannot be extended any further than to the matter enacted, which is; <HI>That all Oaths, declarations, &amp;c. again&s;t the Hou&s;es, &s;hould hee voyd;</HI> And not to tho&s;e words, <HI>Whereas the two Hou&s;es have beene nece&s;&s;itated &amp;c.</HI> Which words, though they are in|&s;erted in the Act of Parliament (as prefaces, and conclu&s;ions are) yet are they no e&s;&s;entiall part of the matter enacted, nor the proper &s;ubject for the Kings con&s;ent.</P>
<P>For, as in Statutes heretofore made upon expre&s;&s;e Peti|tions, de&s;iring that the King would grant or enact &s;uch a thing, &amp;c. the Petitionary part was alwaies con&s;trued the words of the Hou&s;es, and not of the King: So &s;till every Bill pre&s;ented to the King, doth either expre&s;ly or tacitly pray his Royall A&s;&s;ent to the enacting thereof. And when
<PB N="3" REF="2">the King giveth his Royall A&s;&s;ent, by the u&s;uall words <HI>(Le Royle Veult)</HI> which are the proper words of A&s;&s;ent to a new-law (as this is) tho&s;e words doe formally make it an Act, and are to bee con&s;trued no otherwi&s;e, but that the King willeth that to bee enacted, wherein the force and life of the Law con&s;i&s;ts, which is in the Body, and Sub&s;tance of the Act, and not in the Title or Preamble, or in any Recitalls, Conveyances, Repetitions, or other circum|&s;tances therein contained.</P>
<P N="2">2. The Commi&s;&s;ioners de&s;ired not his Maje&s;ties per&s;o|nall A&s;&s;ent to tho&s;e Propo&s;itions as Truths; but his Royall A&s;&s;ent, That they &s;hould bee made Acts of Parliament. And the King con&s;ents to nothing by his An&s;were, but that his legi&s;lative power &s;hall bee made u&s;e of to give the &s;eve|rall Propo&s;itions, pre&s;ented to him, the force of Lawes. This De&s;ire appeares more particularly in this Propo&s;ition than in any of the re&s;t; for that the Commi&s;&s;iners by their Paper of the 20. of <HI>September,</HI> de&s;ired that the <HI>Recitall in in this Propo&s;ition &s;hould bee part of the Act of Parliament:</HI> So that the Con&s;ent, which was de&s;ired to this Propo&s;ition, was not to the Truth of the Matter, or words contained therein: But that tho&s;e Words or Matter, &s;hould be part of the Act of Parliament; and his Maje&s;tie A&s;&s;ents &s;o farre to the Truth of them only, as the Act drawn according to the Propo&s;ition binds him, and no further.</P>
<P N="3">3. There is nothing in the Preamble which is a proper object for his Maje&s;ties Con&s;ent to worke upon, as to the A&s;&s;ertion of Truth: For, whether the two Hou&s;es of Parli|ament were nece&s;&s;itated to undertake the Warre, or not? Whether the &s;ame was Defen&s;ive or Offen&s;ive of their part? And whether the Defence were ju&s;t or unju&s;t? are in them|&s;elves (e&s;pecially &s;ince they are now pa&s;t) proper Objects of Opinion and Judgement, and not of Con&s;ent or Agree|ment: And no man can bee thought to con&s;ent to the Truth of that, which he cannot po&s;&s;ibly know; But whe|ther the Members of both Hou&s;es did really apprehend, or only pretend a nece&s;&s;itie, when they fir&s;t vndertooke this Warre; And in what &s;en&s;e each of them tooke the Cove|nant
<PB N="4" REF="3">in relation thereunto, God and their owne Con&s;ci|ences only know: the Truth thereof falls not within the po&s;&s;ibility of his Maje&s;ties knowledge; And therefore can|not rea&s;onably bee inferred, That hee meant to Con&s;ent thereunto.</P>
<P N="4">4. When the publique-Faith, and Compact of Truth a|mong&s;t men is once broken by an open Warre, nothing Spoken, Replied or Con&s;ented unto, on either &s;ide, during the ho&s;tility, can bee con&s;trued or made u&s;e of as an Affir|mation or Evidence of a Truth; For that the <HI>Medium</HI> and Rule of Truth is, by the Warre, taken away, and what|&s;oever is Nece&s;&s;ary, is therefore Ju&s;t: But Ho&s;tilitie and Warre continue &s;till betweene his Maje&s;ty and the Parlia|ments Party; There is neither Truce nor Peace yet conclu|ded: So that, if this Treaty end not happily, his Maje&s;ties Con&s;ent to this Propo&s;ition doth no more affirme the Ve|racitie of the Recitall, Nor no more u&s;e can be made of it, than of a Di&s;cour&s;e pa&s;&s;ing from a Pri&s;oner at Warre, or in a Leaguer between two Souldiers Enemies in their &s;eve|rall Trenches.</P>
<P>As to the Second: His Maje&s;ties an&s;were cannot a|mount to a Ju&s;tification of the Parliaments Cau&s;e or Party; For, if the Recitall in the Preamble bee not true in it &s;elfe; Or if the Cau&s;e and Proceedings bee not ju&s;t in their owne Foundation; No Act of Parliament, much le&s;&s;e a Recitall in a Preamble, can make them either True or Ju&s;t. For, the power of Lawes and Statutes is executed <HI>in foro externo,</HI> only to regulate the outward Actions of men; they cannot operate <HI>in foro interno.</HI> No Acts of Parliament can make Evill Good, or Truth Fal&s;hood.</P>
<P>Again, Lawes ought to Command, and not to Rea&s;on or Di&s;pute; And for that cau&s;e Preambles in ancient Statutes were not &s;o frequent as now they are: But they are &s;till unnece&s;&s;ary parts of Lawes; And though they bee fir&s;t in Order, yet they are la&s;t in Frame, and in&s;erted only to &s;hew the Cau&s;es which induced the propo&s;all of a new Law. They can Legally neither bee pleaded, as ju&s;tification of any Act done; nor made u&s;e of, as concluding Evidences to
<PB N="5" REF="3">convince any man of a Crime. And it is frequent in com|mon experience, That Preambles and Recitalls in Statutes have not the force of Declaratory Lawes, again&s;t any par|ticular Subject, much le&s;&s;e again&s;t the King: For the Mat|ter and Truth of a Preamble is traver&s;able, and may be &s;ub|jected to a new Tryall, either by Record, Jury or other|wi&s;e, as the Ca&s;e &s;hall require: This is therefore &s;o farre from being a ju&s;tification of the Parliaments Party, that it is rather an Argument of the weakene&s;&s;e of their Cau&s;e; and that the Letter of the Law was formerly very &s;trong again&s;t tho&s;e Proceedings that &s;hall now lay hold on &s;o &s;lender a Twig, as the Recitall in a Propo&s;ition, for their Ju&s;tification.</P>
<P>As to the Third: His Maje&s;ties An&s;were cannot be con|&s;trued any condemnation of his owne Party, or an acknow|ledgement of any Guilt in them; For that neither his Maje&s;ty, nor his party, are &s;o much as mentioned, either in the Preamble or Propo&s;ition; And where there is no po&s;itive expre&s;&s;ion, no man ought to bee made criminous or guil|ty, e&s;pecially in capitall Offences, by Inferences or Impli|cations. Trea&s;on can neither bee committed nor pardoned by Implication: A man mu&s;t bee attainted of the open Fact by the Stat. 25. <HI>Ed.</HI> 3. And though it &s;hould bee admitted a po&s;itive ju&s;tification of the Parliament, yet it followes not, that therefore it &s;hould bee a condemnation of the Kings Party; For that <HI>Bellum quoad bonam fidem gerentium,</HI> may bee <HI>utrinque ju&s;tum.</HI> And if any that have adhered to the King bee indicted or proceeded again&s;t Criminally for that Cau&s;e; Hee may, notwith&s;tanding this An&s;were, plead Not Guilty; and legally ju&s;tifie his Actions by the Lawes now in force, which warrant and require his Duty therein. There is nothing in this An&s;were or Preamble, That doth Repeale or Change any former Law, or take from the Subject any Pleas, or Priviledges, or conclude him from a cleere Ju&s;tification of his own Innocency.</P>
<P>Againe, His Maje&s;ty, after this propo&s;ition delivered to him, and before An&s;were, did declare; as al&s;o the two Hou&s;es after declared, <HI>That nothing in writing concerning any Pro|po&s;ition,
<PB N="6" REF="4">&s;hould bee binding, prejudiciall; or any waies made u&s;e of, if the Treaty broke off upon any other Propo&s;ition.</HI> After which Declaration, his Maje&s;ty did deliver his A&s;&s;ent to this Propo&s;ition, but it was with re&s;pect had to his Ma|je&s;ties Propo&s;ition (then intended, and &s;hortly after delive|red) for an Act of Oblivion to extend unto all Per&s;ons, for all Matters relating to the unhappy differences: So that if the Treaty happily conclude, an Act of Oblivion mu&s;t pa&s;&s;e at the &s;ame time when the Act is pa&s;&s;ed upon this Propo&s;i|tion, which will &s;ecure his Maje&s;ties Party, and take away the cau&s;e of Que&s;tion, Whether the King or the two Hou|&s;es had the more lawfull Cau&s;e of Warre? And then the Preamble in this Act will remaine only as an Addition, or further degree of Security to them, and not as any impu|tation of Guilt upon his Maje&s;ties Party. But if this Treaty unhappily breake off, then his Maje&s;ties Con&s;ent to this Propo&s;ition (being relative, and in order only to the wholl Treaty) will bee of no effect to any intent or purpo&s;e what&s;oever.</P>
<P>As to the Fourth; The King cannot contract any guilt upon his own Per&s;on by giving his Royall A&s;&s;ent to a Law; or to a Propo&s;ition to be made into a Law; for though his Maje&s;ties natural per&s;on cannot be &s;evered from his politick, yet when be gives his royall a&s;&s;ent to a Law; he Acts in his Politique Capacitie only: And therefore it may bee done by a Protector during the Minoritie of a King, And by Commi&s;&s;ioners under his Great Seale, at any other time; and yet the words of the A&s;&s;ent are not &s;aid to bee the words of the Protector, or the Commi&s;&s;ioners, but the words of the King in his Politique Capacitie, which is not capable of any Guilt or Imputation what&s;oever.</P>
<P N="2">2. By the Law of England&punc; the King can doe no wrong, nor incurre any Penalty: The Ju&s;tices and Mini&s;ters are to bee puni&s;hed, if the Lawes bee violated, and no reflection to bee made on the King. The very acce&s;&s;ion of the Crown purges all Attainders and Imputations what&s;oever, though they bee laid by Act of Parliament, as was re&s;olved in the Ca&s;es of <HI>H.</HI> 7. &amp; Q. <HI>Eliz.</HI> The King hath no Peere in the
<PB N="7" REF="4">land, and therefore cannot bee Judged, <HI>Pote&s;tatem ha|bet ut Delinquentes puniat &amp; coerceat, ip&s;e vero fatis ha|bet quod Deum expectes ultorem.</HI></P>
<P N="3">3. And la&s;tly, it hath beene ordinary, upon con&s;ultati|ons and Agreements for Peace, betweene Prince and Peo|ple, to in&s;ert Clau&s;es of this nature into the Articles of the Treaty. As for In&s;tance, In the Treaty of Lodun, <HI>Anno</HI> 1616. betweene the la&s;t French King and his Subjects; A|mong&s;t the 54 Articles, one was; <HI>That the King &s;hould cau&s;e an Edict to bee publi&s;hed, wherein hee &s;hould ap|prove all Actions done by the contrary Party, and acknow|ledge them to have beene done for his Service.</HI></P>
<P>In the Treaty betweene <HI>Philip</HI> the third of Spaine, and Arch-Duke <HI>Albert,</HI> with the low-Country-men, 1607. They refu&s;ed to Treate untill both the King and the Arch-Duke had declared under their Hands and Seales, <HI>That they came to Treate with them as free States, to which they made no Title or Preten&s;ion what&s;oever. And whereas the King, in his Declaration, had named the Arch-Duke Prince of the low-Countries. They refu&s;ed to proceede any further untill that Title was &s;truck out and omitted;</HI> which was done accordingly. And among&s;t the fifty eight Articles of that Truce, concluded <HI>Anno</HI> 1609. That Decla|ration was the fir&s;t.</P>
<P>In the late troubles in Naples, the Vice-Roy, upon a Treaty betwixt him and the Revolters, acknowledged all their Proceedings ju&s;t. Many Precedents of like Na|ture occurre in Stories, e&s;pecially in the Civill Warres of France, in the times of <HI>Charles</HI> the ninth, and <HI>Hen|ry</HI> the third.</P>
<P>But Clau&s;es of this, or the like kinde, were in &s;uch Ca&s;es allwaies intended, only, for the &s;ecuritie of the Subject, and never to bee imputed as any Guilt to the Prince.</P>
<PB N="8" REF="5">
<P><HI>&V;pon the&s;e Rea&s;ons &amp; Grounds, His Maje&s;ty gave his An&s;were to this Propo&s;ition; And if any doubt remaine, or any ill u&s;e bee made there|of, to his Maje&s;ties di&s;advantage, Hee may, if the Treaty breake off, by his publique Declaration, cleere his Intentions therein.</HI></P>
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