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A83414 A remonstrance or The declaration of the Lords and Commons, now assembled in Parliament, 26. of May. 1642. In answer to a declaration under His Majesties name concerning the businesse of Hull, sent in a message to both houses the 21. of May, 1642 ... England and Wales. Parliament.; Elsynge, Henry, 1598-1654. 1642 (1642) Wing E2227B; ESTC R222786 18,138 16

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Estates by Discents Purchases Assurances or Conveyances unlesse His Majesty should by his Vote prevent the prejudice they might receive therein by the Votes of both Houses of Parliament As if they who are especially chosen and entrusted for that purpose and who themselves must needs have so great a share in all grievances of the Subject had wholly cast off all care of the Subjects good and His Majesty had solely taken it up And as if it could be imagined that they should by their Votes overthrow the rights of Discents Purchases or of any Conveyance or Assurance in whose judgement the whole Kingdome hath placed all their particular Interesses if any of them should be called in question in any of those Cases that as knowing not where to place them with greater securitie without any appeale from them to any other person or Court whatsoever But indeed we are very much to seeke how the case of Hull should concerne Discents and Purchases or Conveyances and Assurances unlesse it be in procuring more securitie to men in their private Interesses by the preservation of the whole from confusion and destruction and much lesse doe wee understand how the Soveraigne Power was resisted and despised therein Certainly no command from His Majestie and his high Court of Parliament where the Soveraigne Power resides was disobeyed by Sir John Hotham nor yet was his Maiesties Authoritie derived out of any other Court nor by any legall Commission or by any other way wherein the Law hath appointed His Majesties commands to be derived to his Subjects and of what validitie his verball Commands are without any such stamp of his Authoritie upon them and against the order of both Houses of Parliament whether the not submitting thereunto be a resisting and despising of the Soveraigne Authoritie we leave it to all men to judge that doe at all understand the government of this Kingdome We acknowledge that His Majesty hath made many expressions of his zeale and intentions against the desperate designes of Papists but yet it is also as true that the Counsells which have prevailed of late with him have been little sutable to those expressions and intentions For what doth more advance the open and bloudy designe of the Papists in Ireland whereon the secret plots of the Papists here do in likelihood depend then His Majesties absenting himselfe in that manner that he doth from his Parliament and setting forth such sharpe Invectives against them notwithstanding all the humble Petitions and other meanes which his Parliament hath addressed unto him for his returne for his satisfaction concerning their proceedings And what was more likely to give a rise to the designes of Papists whereof there are so many in the North neare to the Towne of Hull and of other malignant ill-affected persōs which are ready to joyn with them or to the attempts of forrainers from abroad than the continuing of that great Magazin at Hull at this time and contrary to the desire and advice of both Houses of Parliament So that we have too much cause to beleeve that the Papists have still some way and means whereby they have influence upon his Majesties Councells for their owne advantage For the Malignant party his Majesty needeth not a definitiō of the Law nor yet a more full Character of them from both Houses of Parliament for to finde them out if he will please only to apply the Character that himselfe hath made of them to those unto whom it doth properly truly belong who are so much disaffected to the peace of the Kingdom as they that endeavour to disaffect his Majesty from the Houses of Parliament and perswade him to be at such a distance from them both in place and affection Who are more dis-affected to the government of the Kingdome than such as lead his Majesty away from harkning to his Parliament which by the constitution of this Kingdom is his greatest best Councell perswade him to follow the malicious councels of some private men in opposing and contradicting the wholsome advices just proceedings of that his most faithfull Councell and highest Court Who are they that not onely neglect and despise but labour to undermine the Law under colour of maintaining of it But they that indevour to destroy the fountaine and Conservatory of the law which is the Parliament and who are they that set up other Rules for themselves to walke by then such as are according to Law but they that will make other Iudges of the Law then the Law hath appoynted and so dispence with their obedience to that which the Law calleth Authoritie and to their determinations and resolutions to whom the Iudgement doth appertaine by Law For when private persons shall make the Law o be their Rule according to their own understandings contrary to the judgement of those that are competent Iudges thereof they set up unto themselves other Rules than the Law doth acknowledge Who these persons are none knoweth better than his Majestie himselfe And if he will please to take all possible caution of them as destructive to the Common wealth and himselfe and would remove them from about him it would be the most effectuall meanes to compose all the destractions and to cure the distempers of this Kingdome For the Lord Digby his le ter we did not make mention of it as a ground to hinder his Majestie from visiting his own fort but we appeale to the judgement of any indifferent man that shall read that Letter and compare with the posture that his Majestie then did and still doth stand in towards the Parliament and with the circumstances of that late action of his Majestie in going to Hull whether the Advisor of that Iourney intended only a visit of that fort and Magazin as to the wayes and overtures accommodation and the meffage of the 20 of Ianuary last so often pressed but still in vaine as is alledged Our Answere is that although so often as the 20. of Ianuarie hath been pressed so often have our priviledges been cleerly infringed that a way and method of proceeding should be prescribed unto us as well for the setling of his Majesties Revene as for the presedting of our desires a thing which in former Parliaments hath alwayes been excepted against as a breach of priviledge pet in respect of the matter contained in that message and out of our earnest desire to beget a good understanding between his Majestie and us we swallowed down all matters of Circumstance and had ere this time presented the chief of our desires to his Majestie had we not been inrerrupted with continuall Denyalls even of those things that were necessary for our present security and subsistance and had not those denyalls been followed with perpetuall Invectives against us and our proceedings and had not those invectives been beaped upon us so thick one after another who were already in a manner wholly taken up with the pressing affaires of this Kingdome
and of the Kingdome of Ireland that as we had little encouragment from thence to hope for any good Answes to our desires so we had not so much time left us to perfect them in such a manner as to offer them unto his Majestie We confesse it is a Resolution most worthy of a Prince and of his Majstie to shut his eares against any that would incline him to a civill Warre and to abhor the very apprehension nf it but we cannot beleeve that mind to have bin in them that came with his Majestie to the House of Commons or in them teat accompanied his Majstie to Hampton Court and appeared in a warlike manner at Kingston upon Thames or in divers of them that followed his Majestie now latley to Hull or in them that after drew their Swords at York demanding who would be for the King nor in them that advised his Majesty to declare Sir John Hotham a Traytor before the Message was sent concerning that businesse to the Parliament or to make Propositions to the Gentlemen of the County of York to assist His Majesty to proceed against him in a way of force before he had or possible could receive an Answer from the Parliament to whom he had sent to demand Justice of them against Sir John Hotham for that Fact and if those Malignant spirits shall ever force us to defend our Religion the Kingdome the Priviledges of Parliamants and the Rights and Liberties of the Subjects with our swords the blood and destruction that shall ensue thereupon must be wholly cast upon their Accompt God and our owne consciences tell us that we are cleare and we doubt not but God and the whole world will cleare us therein For Captaine Legg we did not say that he was accused or that there was any charge against him for the bringing up of the Army but that he was imployed in that businesse And for that question concerning the Earl of New Castle mentioned by his Majesty which is said to have bin asked long since and that is not easie to be answerd We conceive that it is a question of more difficulty and harder to be answered Why when his Majestie held it necessary upon the same grounds that first moved from the Houses of Pa liament That a Governour should be placed in that Towne Sir Iohn Hotham a Gentleman of knowne Fortune and Integrity and a person of whom both Houses of Parliament had expressed their confidence should be refused by his Majestie and the Earle of New Castle who by the way was so far named in the businesse of the bringing up of the Army that although there was not ground enough for a judiciall proceeding yet there was ground of suspition at least his reputation was not left so unblemished thereby as that he should be thought the fittest man in England for that imployment of Hull should be sent downe in a private way from his Majestie to take upon him the government and why he should disguise himself under another name when he came thither as he did But whosoever shall consider together with these circumstances that of the time when Sir Iohn Hotham was first appointed by both Houses of Parliament to take upon him that imployment which was presently after his Majesties comming to the House of Commons and upon the retiring of himselfe to Hampton Court and the L. Digbies assembling of Cavaliers at Kingstone upon Thamis will find reason enough why that Town of Hull should be committed rather to Sir Iohn Hotham by the authoritie of both Houses of Parliament then to the Earle of New Castle sent from his Majesty in that manner that he was And for the power that Sir Iohn Hotham hath from the Houses of Parliament the better it is known and understood we are confident the more it will be approved of and justified And as we do not conceive that his Majesties refusall to have that Magazin removed could give any advantage against him to have it taken from him and as no such thing is done so we cannot conceive for what other reason any should councel his Majesty not to suffer it to be removed upon the desire of both Houses of Parliament except it be that they had an intention to make use of it against them We did not except against those that presented a petition to His Maiestie at Yorke for the continuance of the Magazine at Hull in respect of their condition or in respect of their number because they were mean persons or because they were few but because they being but few and there being so many more in the County of as good quality as themselves who have by their petition to His Maiesty disavowed that act of theirs that they should take upon them the stile of all the Gentry and Inhabitants of that County and under that title should presume to interpose their advice contrary to the Votes of both Houses of Parliament and if it can be made to appear that any of these petitions that are said to have been presented to the Houses of Parliament and to have been of a strange nature were of such a nature as that we are confident that they were never received with our consent and approbation Whether there was an intention to deprive Sir Iohn Hotham of his life if His Majestie had been admitted into Hull and whether the information were such as that he had ground to beleeve it we will not bring it into question for that was not nor ought to have been the ground for doing what he did neither was the number of His Majesties Attendants for being more or fewer much considerable in this case For although it be true that if His Maiestie had entred with twenty horse onely he might haply have found means for to have forced the entrance of his Train who being once in the Town would not have been long without Arms yet that was not the ground that Sir Iohn Hotham was to proceed upon but upon the admittance of the King into the Town at all so as to deliver up the Town and Magazine unto him and to whomsoever he should give the command thereof without the knowledge and consent of both Houses of Parliament by whom he was entrusted to the contrary and His Maiesty having declared that to be his intention concerning the Town in a Message that he sent to the Parliament not long before he went to Hull saying That he did not doubt but that Town should be delivered up to him whensoever he pleased as supposing it to be kept against him and in like manner concerning his Magazine in his Message of the four and twentieth of April wherein it is expressed That His Maiestie went thither with a purpose to take into his hands the Magazine and to dispose of it in such manner as he should think fi● upon these terms Sir Iohn Hotham could not have admitted his Maiestie and have made good his trust to the Parliament though his Maiesty would have