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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
Majesties Officers and loving Subjects to be aiding and assisting unto them upon all occasions as need shall require His MAJESTIES Answer To the Declaration Votes and Order of Assistance of both Houses of Parliament concerning the Magazine at Hull sent May 4. 1642. SInce Our gracious Message of the 24 of April last to both Houses of Parliament demanding Iustice for the high and unheard of affront offered unto Vs at the Gates of Hull by Sir John Hotham is not thought worthy of an Answer but that in stead thereof they have thought sit by their printed Votes of the 28. of April last to own and avow that unparalleled Act of Sir John Hothams to be done in obedience to the Command of both Houses of Parliament though at that time he could produce no such Command and with other Resolutions against Our Proceedings there to publish a Declaration concerning that businesse as an appeal to the People and as if their entercourse with Vs and for Our satisfaction were now to no more purpose though We knew this course of theirs to be very unagreeable to the Modestie of former times and unwarrantable by any Precedents but what themselves have made yet Heare not unwilling to joyn issue with them in this way and to let all the world know how necessary just and lawfull all Our Proceedings have been in this Point and that the defence of these Proceedings is The defence of the Law of the Land Of the Libertie and Propertie of the Subject and that by the same Rule of Iustice which is now offered to Vs all the private Interest and Title of all Our good Subjects to all their Lands and Goods are confounded and destroyed Master Pym himself tells you in his Speech against the Earle of Strafford published by the Order of the House of Commons The Law is the Safeguard The Custodie of all private Interests your Honours your Lives your Liberties and Estates are all in the keeping of the Law without this every man hath a like right to any thing And we would fain be answered what Title any Subject of Our Kingdom hath to his House or Land that We have not to Our Town of Hull Or what right hath he to his Money Plate or Iewels that We have not to Our Magazine or Munition there If We had ever such a Title We would know when We lost it And if that Magazine and Munition bought with Our own Money were ever Ours When and how that Propertie went out of Vs. We very well know the great and unlimited Power of a Parliament but We know as well that it is onely in that sense as We are a part of that Parliament Without Vs and against Our Consent the Votes of either or both Houses together Must not Cannot Shall not if We can help it for Our Subjects sake as well as Our Own forbid any thing that is enjoyned by the Law or enjoyn any thing that is forbidden by the Law But in any such alteration which may be for the peace and happinesse of the Kingdom We have not shall not refuse to consent And We doubt not but that all Our good Subjects will easily discerne in what a miserable insecurity and confusion they must necessarily and inevitably be if Descents may be altered Purchases avoided Assurances and Conveyances cancelled the Soveraign Legall Authority despised and resisted by Votes or Orders of either or both Houses And this We are sure is Our case at Hull And as it is Ours to day by the same rule it may be theirs to morrow Against any desperate designes of the Papists We have sufficiently expressed Our zeal and intentions and shall be as forward to adventure Our own Life and Fortune to oppose any such Designes as the meanest Subject in Our Kingdom For the Malignant Party as the Law hath not to Our knowledge defined their condition so hath neither House presented them to Vs under such a Notion as We may well understand whom they intend and We shall therefore only enquire after avoid the Malignant Party under the Character of persons disaffected to the Peace and Government of the Kingdom and such who neglecting and despising the Law of the Land have given themselves other Rules to walk by and so dispensed with their Obedience to Authority Of these persons as destructive to the Common Wealth We shall take all possible Caution Why any Letters intercepted from the Lord Digby wherein he mentions a Retreate to a place of Safety should hinder Vs from visiting Our own Fort and how We have opposed any wayes of Accommodation with Our Parliament and what wayes and Overtures have been offered in any way or like any desire of such Accommodation or whether Our Message of the 20. of Ianuary last so often in vain pressed by Vs have not sufficiently expressed Our earnest desire of it let all the world judge Neither is it in the power of any persons to encline us to take Arms against Our Parliament and Our good Subjects and miserably to imbroil this Kingdom in Civil Wars We have given sufficient evidence to the world how much Our Affections abhor and Our heart bleeds at the apprehension of a Civil War And let God and the world judge if Our Care Industry be onely to defend and protect The Liberty of the Subject The Law of the Kingdom Our own just Rights part of that Law and Our Honour much more precious then Our Life and if in opposition to these any Civill Wars shall arise upon whose Account these any Civill Wars shall arise upon whose Account the Blood and destruction that must follow must be cast God and Our own conscience tells Vs that We are clear For Captain Leggs being sent heretofore to Hull though by the way this is the first time we ever heard that he was accused for the practice of bringing up the Army against the Parliament neither do We yet know that there is such a charge against him or for the Earl of Newcastles being sent thither by Our Warrant and Authority We asked a Question long ago in Our Answer to both Houses concerning the Magazine at Hull which We have cause to think is not easie to be answered Why the generall ruinour of the Designe of Papists in the Northern parts should not be thought sufficient ground for Vs to put in such a person of Honour Fortune and unblemished Reputation as the Earl of Newcastle is known to be into a Town and Fort of Our own where Our own Magazine lay And yet the same Rumour be Warrant enough to commit the same Town and Fort without Our consent to the hands of Sir John Hotham with such a Power as is now too well known and understood How Our Refusall to have that Magazine removed upon the Petition of both Houses could give an advantage against Vs to have it taken from Vs And whether it was a refusall all men will easily understand who read Our Answer to that Petition to which