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A82762 The declaration votes, and order of assistance of both houses of Parliament, concerning the magazine at Hull, and Sir Iohn Hotham governour thereof. And His Majesties answer thereunto. With the statute of II H.7. cap. I. mentioned in the said answer. / Published together by His Majesties command.. England and Wales. Parliament.; Charles I, King of England, 1600-1649.; England and Wales. Sovereign (1625-1649 : Charles I). 1642 (1642) Wing E1520A; Thomason E146_20; ESTC R741 7,751 16

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it hath not been yet thought fit to make any Reply For the Condition of those persons who presented the Petition to Vs at York whom that Declaration calls Some few ill affected persons about the City of York to continue the Magazine at Hull We make no doubt but that Petition will appear to be Attested both in number and weight by persons of Honour and Integrity and much more conversant with the Affections of the whole County then most of those Petitions which have been received with so much Consent and Approbation And for their presumption of interposing their advice We the more wonder at that Exception when such Encouragement hath been given and thanks declared to multitudes of mean unknown People Prentices and Porters who have accompanied Petitions of very strange natures For the manner of Our going to Hull We have clearly set forth the same in Our Message to both Houses of that Businesse And for any intelligence given to Sir John Hotham of an Intention to deprive him of his life as We know there was no such Intention in Vs having given him al possible assurance of the same at Our being there so We are confident no such intelligence was given Or if it were it was by some villain who had nothing but malice or designe to fright him from his due Obedience to warrant him And Sir John Hotham had all the reason to assure himself that his life would be in much more danger by refusing to admit his King into His own Town Fort then by yeelding Him that obedience which he owed by his Oathes of Allegiance and Supremacie and the Protestation and he well knew was due and warrantable by the Laws of the Land For the number of Our Attendants though that could a be no Warrant for such a disobedience in a Subject it is well known as We expressed in Our Message to both Houses to which credit ought to have been given that We offered to go into the Town with twenty Horse onely Our whole Train being unarmed And whosoever thinks that too great an Attendance for Our Self and Our two Sons have sure an Intention to bring Vs to a meaner Retinue then they yet will avow Here then is Our Case of which let all the world judge We endeavoured to visit a Town and Fort of Our own wherein Our own Magazine lay a Subject in defiance of Vs shuts the Gates against Vs with armed men resists denies and opposes Our Entrance tels Vs in plain terms We shall not come in We do not pretend to understand much Law yet in the point of Treason We have had much Learning taught Vs this Parliament and if the sense of the Statute 25. E. 3. Cap. 2. be not very differing from the Letter Sir John Hothams Act was no lesse then plain high Treason And We had been contemptibly stupid if We had after all those circumstances of Grace and Favour then shewed him made any scruple to proclaim him Traitour And whether he be so or no if he shall render himself We will require no other Triall then that which the Law hath appointed to every Subject and which We are confident We have not in the least degree in those proceedings violated no more then We have done the Priviledge of Parliament by endeavouring in a just way to challenge Our own unquestionable Priviledges for that in such a case the declaring him Traitour being a Member of the House of Commons without Processe of Law should be a breach of Priviledge of Parliament of which We are sure none extends to Treason Felonie or breach of the Peace against the Liberty of the Subject or against the Law of the Land We must have other Reasons then bare Votes We would know if Sir John Hotham had with those Forces by which he kept Vs out of Our Town of Hull pursued Vs to the gates of York which he might as legally have done must We have staid from declaring him Traitour till processe of Law might have issued against him Will feares and jealousies dispense with reall and necessary formes and must We when actuall War is leavied upon Vs observe forms which the Law it self doth not enjoyn The Cause is truely stated let all the world judge unlesse the meer Sitting of a Parliament doth suspend all Lawes and We are the onely Person in England against whom Treason cannot be committed where the fault is And whatsoever Course We shall be driven to for the Vindication of this Our Priviledge and for the Recovery and maintenance of Our known and undoubted Rights We do promise in the presence of Almighty God and as We hope for his blessing in Our successe that We will to the utmost of Our Powers defend and maintain the true Protestant Profession the Law of the Land the Liberty of the Subject and the just Priviledge and freedome of Parliament For the Order of Assistance given to the Committees of both Houses concerning their going to Hull We shall say no more but that those persons named in that Order We presume will give no Commands or Our good Subjects obey other then what are warranted by the Law how large and unlimited soever the directions are or the Instructions may be for to that rule We shall apply Our own Actions and by it require an account from other men And that all Our good Subjects may the better know their dutie in matters of this nature We wish them carefully to peruse the Statute in the eleventh yeer of H. 7. Chap. 1. We conclude with Master Pyms own words If the Prerogative of the King overwhelm the liberty of the People it will be turned to Tyranny If Liberty undermine the Prerogative it will grow into Anarchy And so We say into Confusion Anno 11 Hen. 7. Cap. 1. None that shall attend upon the King and do him true Service shall be attainted or forfeit any thing THe King our Soveraign Lord casting to his remembrance the dutie of allegiance of his subjects of this his Realm and that they by reason of the same are bound to serve their Prince and Soveraign Lord for the time being in his wars for the defence of him and the Land against every Rebellion power and might reared against him and with him to enter and abide in service in battell if case so require and that for the same service what fortune ever fall by chance in the same battell against the minde and will of the Prince as in this land sometime passed hath been seen that it is not reasonable but against all Laws reason and good conscience that the said Subiects going with their Soveraign Lord in wars attending upon him in his person or being in other places by his commandment within this land or without any thing should lose or forfeit for doing their true dutie and service of allegiance It be therefore Ordained Enacted and Established by the King our Soveraign Lord by the advice and assent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by Authority of the same That from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and Soveraign Lord of this Land for the time being in his person and do him true and faithfull service of Allegiance in the same or be in other places by his Commandment in his Wars within this Land or without That for the said deed and true duty of Allegiance be or they be in no wise convict or attaint of high Treason ne of other offences for that cause by Act of Parliament or otherwise by any Processe of Law whereby he or any of them shall lose or forfeit Life Lands Tenements Rents Possessions Hereditaments Goods Chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or losse And if any Act or Acts or other Processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other Processe of the Law whatsoever they shall be stand and be utterly voyde Provided alway that no person or persons shall take any benefit or advantage by this Act which shall hereafter decline from his or their said Allegiance FINIS