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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	parliament_n	7,403	5	7.2636	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 11 H. 7. cap. 1. mentioned in the said Answer Published together by His Majesties Command LONDON Printed by ROBERT BARKER Printer to the Kings most Excellent Majestie And by the Assignes of JOHN BILL MDCXLII The Declaration Votes and Order of Assistance of both Houses of Parliament Concerning the Magazine at Hull and Sir Iohn Hotham Governour thereof THe Lords and Commons in Parliament finding just cause to fear not onely the desperate designes of Papists and others of the maglignant partie at home but also the malice of Enemies incited by them from abroad Thought it necessary for the safetie of this Kingdom to secure the Town of Kingston upon Hull being one of the most considerable places for strength and affording the best conveniencie for Landing of Forreign Forces And where a great part of the Magazine of the Kingdom for that time was placed And for that end appointed Sir Iohn Hotham one of the Members of the House of Commons being a Gentleman of the same County of a considerable Fortune and approved Integrity to take upon him the government of that Town and to draw thither some of the Trained Bands for the Guard thereof In which apprehension and resolution thereupon taken they are the more confirmed by the sight of some intercepted Letters of the Lord Digby a principall person of that partie written to the Queen and Sir Lewis Dives whereby that partie discovered an endeavour to perswade His Majestie to declare Himself and retire into some place of safetie in this Kingdom in opposition to wayes of Accommodation with His people and to give the better opportunity to himself and other dangerous persons to resort thither which could have no other end but to incline His Majestie to take Arms against His Parliament and good Subjects and miserably to imbroil this Kingdom in civill Wars About which time Captain Legg a man formerly imployed in the practice of bringing up the Army against the Parliament had direction by Warrant produced by him under the Kings hand and signe Manuall to enter Kingston upon Hull and to draw thither such of the Trained Bands as he should think fit And that the Earl of Newcastle came thither in a suspicious way and under a f igned name and did endeavour to possesse himself of the said Town by vertue of the like Warrant and Authoritie They further conceiving that the Magazine there being of so great importance to this Kingdom would be more secure in the Tower of London did humbly Petition His Majestie to give His consent the same might be removed which notwithstanding His Majestie did refuse And thereupon some few ill affected persons about the Citie of York took upon them the presumption in opposition to the desires in contempt of both Houses to Petition His Majestie to continue the Magazine at Hull Alleadging it to be for the safetie of His Majestie as if there could be a greater care in them of His Majesties Royall Person then in His Parliament And His Majestie the next day after the delivery of that Petition being the three and twentieth of this instant April took occasion thereupon to go to the Town of Hull attended with about four hundred Horse the Duke of York and the Prince Elector being gone thither the day before and required Sir Iohn Hotham to deliver up the Town into His hands Who perceiving His Majestie to be accompanied with such Force as might have mastered the Garrison of the Town And having received intelligence of an intention to deprive him of his life in case the King should be admitted informed His Majestie of the trust reposed in him by both Houses of Parliament and that he could not without breach of that trust let Him in beseeching His Majestie to give him leave to send to the Parliament to acquaint them with His Majesties commands and to receive their directions thereupon which he would do with all expedition Which Answer His Majestie was not pleased to accept of but presently caused him and his Officers to be proclaimed Traitours before the Walls of the Town and thereupon dispatched a Message to both Houses therein charging Sir John Hotham with high Treason and aggravating his offence because he pretended the Parliaments command In the mean while hindering him of all means of intelligence with the Parliament For His Majestie immediatly caused all Passages to be stopped between him them And in pursuance of the same one of his servants who was sent by him with Letters to the Parliament to inform them of the truth of those proceedings was apprehended his Letters taken from him and his person detained whereby contrary to the common libertie of every Subject he was not onely deprived of means to clear himself of that heavie accusation but of all wayes of intercourse either to receive directions from them that trusted him or to inform them what had happened The Lords and Commons-finding the said proceedings to be a high violation of the Priviledges of Parliament of which His Majestie had in severall Messages expressed Himself to be so tender A great Infringement of the Libertie of the Subject and the Law of the Land which His Majestie had so often lately professed should be the rule to govern by and tending to the endangering of His Majesties Person and the Kingdoms peace Thought fit as well for the vindication of their own Rights and Priviledges the Indemnity of that worthy person imployed by them as for the cleering of their own proceedings to publish these ensuing Votes which were made upon a former relation that came from the King Die Jovis 28. April 1642. Resolved upon the question THat Sir Iohn Hotham Knight according to this relation hath done nothing but in Obedience to the Command of both Houses of Parliament Resolved c. That this declaring of Sir Iohn Hotham Traitour being a Member of the House of Commons is a high breach of the priviledge of Parliament Resolved c. That this Declaring of Sir Iohn Hotham Traitour without due processe of Law is against the Libertie of the Subject and against the Law of the Land ¶ The Order of Assistance given to the Committees of both Houses concerning their going to Hull April 28. 1642. WHereas the Earle of Stamford the Lord Willoughbie of Parham Sir Edward Ayscoghe Sir Christopher Wray Sir Samuel Owfield and Master Hatcher are by the Lords and Commons in Parliament assembled commanded to make their repair into the Counties of York and Lincoln and the Town of Kingstone upon Hull for speciall Service for His Majestie and the Peace and Safetie of the Kingdom and accordingly have received particular Instructions for their better direction therein These are to require all Lords-Lieutenants and their Deputies Sheriffs Justices of the Peace Majors Bailiffs Constables and all other His