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A86595 Reasons why Sir Iohn Hotham, trusted by the Parliament, cannot in honour agree to the Treaty of pacification, made by some gentlemen of York-shire, at Rothwell, Sept. 29. 1642. Hotham, John, Sir, d. 1645 Jan. 2. 1642 (1642) Wing H2908; Thomason E240_30; ESTC R2868 5,039 8

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Petition if denied And if her Majesty had been so easily petitioned out of her preparations what an omission and errour was in the whole Kingdome that never petitioned her all this while in Holland and so have saved the blood and peace of this Kingdome Article 7. It is agreed that if any warlike provision be desired to be passed this Country for his Majesties service that we shall humbly petition His Majesty that he would be pleased to convey the same some other way being it may be an occasion of interrupting our peace Reason 7. Such a Petition were to promote the supplies of warre against the Parliament and what matter is it which way provision goe if it arrive where it is designed ought we not rather to be in a posture of defence to be able to surprize all such provisions it appearing by many Declarations that the King seduced by wicked Councell makes warre against his Subjects Article 8. It is agreed that none shall bee arrested in this County as Delinquents to either party but by a legall peaceable and quiet way that is by the legall Officers and their assistants only and not by armed men and Souldiers who may be an occasion to bring fire amongst us Reason 8. But put the case as now it is that no power but an armed power can bring Delinquents to justice what shall they be left alone because none but a legall power can doe it like the Jew of Tewxbury who because he could not be relieved according to his law died in a Privie I confesse a peacable and quiet proceeding in justice were very commendable were it seasonable and for ought I know an armed force is as legall now as any course of justice the Parliament have not only declared so but our adversaries have heigthned and necessitated justice to take up armes Article 9. 9 It is agreed that a generall amity be made betwixt all the Gentry and others of this County of all former unkindnesses and differences that have beene bred by these unhappy distractions and that we hereafter will be as ●●e man to defend one another according to the Law against all others leaving all offences to be punished by the Law of the Land and not by force and violence Reason 9. The Earle of Cumberland was by Commission Generall of Yorkshire and he hath more honour than to suffer without publike reparation made to him such a fault being in it selfe odious But done within his government without his privity a great diminution to his honour And t is not yet known that the Captaine of the Troop is returned to him for punishment without which indifferent men will not beleeve good faith to be meant But suppose those forces returne againe where is the power that shall as suddenly suppresse them as they shall suddenly offend they being not to be brought to justice but by a power as armed as they so as this County is necessarily engaged to keep forces stirring else there can be no speedy repulse Article 10. It is agreed that whosoever in this County shall be made to appeare either to be the author contriver or assister to the burning of Sir Edward Rodes his house or pillaging any other mans house in this County we shall all see them if they be able to make reparation and however to be brought to Iustice Reason 10. That were to make the Delinquents and those that have stood to their religion and liberty in one case for oblivion of former unkindnesses I commend their Christianity if the quarrell were only their owne but the differences are not personall but in reference to the publike and now who is my Brother and what are my Brethren yet I have so much Logick as to tell how to love the Malignants and attach them too love them as Countrey men and arrest them as Delinquents as our English King that imprisoned his Brother not as a Bishop but as an Earle Article 11. It is agreed that it is intended by disbanding of the Armies that His Majesty shall have all liberty for the removing of all such Canon and Munition as he hath in this County Reason 11. This Article still advanceth the warre against the Parliament for why should we agree that any ammunition should be sent to those forces that are declared enemies to the state why should not rather all ammunition be surprised as the Parliament hath ordered this is directly against their Orders and Declarations Article 12. It is agreed that all the Armes which doe belong to any of the trained Bands of this Gounty which hath been taken from them since the 12. of this instant September by either party shall be presently restored and that Captaine Hotham shall leave behind him when he returnes into Hull all those brasse Peeces belonging to His Majesty which are now in Doncaster except such as he himselfe brought thither himselfe from Hull Reason 12. This Article might be allowed if all the trained Bands were of one constitution but since there are many malignants whose armes do better in the hands of others it were very disadvantagious to our peace that the malignant party should be armed and contrary to the proceedings of Parliament It is no wisdom therefore to put swords again into our enemies hands Article 13. It is agreed that no further Forces shall during this difference betwixt King and Parliament be either raised in or paid by this County for this warre other then such as are already levied and really raised and all such also presently to goe out of this County without rasing any more Reason 13 This is like the former to prevent all surprisall of their owne persons to keep the Countrey naked and unprepared for resistance and if the raised forces passe to the King we tacitly contribute to the strengthning of Delinquents and advancing the warre against the Parliament Article 14. It is agreed that a humble Remonstrance and Declaration of these our Resolutions we presently send both to the King and Parliament accompanied with an humble Petition from us all that according as wee all have unanimously agreed for our particular peace so they would be pleased so far to commiserate this distracted Kingdome to doe the same for the generall peace of the whole Signed by the Committee for the Treaty Heny Ballases Sr. William Savill Sr. Edward Osburne Sr. Iohn Ramsden Iohn Hopton Francis Nevill Sr. Thomas Fairfax Sr. Thomas Malmerer Sr. William Lister William White Thomas Stockdaile Reason 14. I conceive though their Petition be never so humble it is inconsistent with your Articles for your particular peace you represent Know the lawes of State and Imperiall ceremonies better and give not law to those from whom you ought to receive and if their peace shall be like yours which you desire it should be they shall shake hand with the Delinquents upon even terms and then what is left to defray the expence the Kingdom hath been put to by their practices To conclude what peace is this you make as if the Pilot would save his own Cabbin when the ship were sinking as if you would article the County into a naked unpreparednesse for any resistance and defence and your selves into some security the King being too farre off to supply and article the Countrey against Sir Iohn Hotham and against the Orders of Parliament and by consequence of his trust and in summe under the notion of treaty and reconciliation article the rest of the Gentry into your own Delinquency and all into a mysterious conspiracy against King and Parliament FINIS