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war_n death_n king_n treason_n 2,761 5 9.5559 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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entred alone without any Attendance at all of his own or of the Prince or Duke his sons which we do not wish to be lesse than they are in their number but could hea tily wish that they were generally better in their conditions In the close of this Message His Maiestie states the case of Hull and thereupon inferreth that the act of Sir Iohn Hotham was levying of war against the King and consequently that it was no lesse then high Treason by the Letter of the Statutes of 25 Edw. 3. cap. 2. unlesse the sence of that Statute be very far differing from the Letter thereof In the stating of this Case divers particulars may be observed wherein it is not rightly stated As first That His Majesties going to Hull was only an endevour to visit a Town and Fort of his whereas it was indeed to possesse himself of the Town and Magazine there and to dispose of them as he himself should think good without and contrary to the Advices and Orders of both Houses of Parliament as doth cleerly appear by his Maiesties own Declaration of his intentions therein by his Messages to both Houses immediately before and after that iourney Nor can we beleeve that any man that shall consider the circumstances of that iourney to Hull can think that his Maiesty would have gone thither at that time and in that posture that he was pleased to put himself in towards the Parliament if he had intended onely a visit of the Town and Magazine Secondly it is said to be His Maiesties own Town and his own Magazine which being understood in that sence as was before expressed as if his Maiesty had a private interest of propriety therein we cannot admit it to be so Thirdly which is the main point of all Sir Iohn Hotham is said to have shut the gates against his Maiesty and to have made resistance with armed men in defiance of his Maiesty whereas it was indeed in obedience to his Maiesty and his authority and for his service and the service of the kingdom for which use onely all that interest is that the King hath in the Town and it is no further his to dispose of then he useth it for that end And Sir John Hotham being commanded to keep the Town and Magazine for his Majesty and the Kingdom and not to deliver them up but by his Majesties authority signified by both Hourses of Parliament all that is to be understood by those expressions of his denying and opposing his Majesties entrance and telling him in plain terms he should not come in was onely this That he humbly desired his Majesty to forbear his entrance till he might acquaint the Parliament and that his authority might come signified to him by both Houses of Parliament according to the trust reposed in him And certainly if the Letter of the Statute of 25 Ed. 3. cap. 2. be thought to import this that no war can be levied against the King but what is directed and intended against his person or that every levying of forces for the defence of the Kings authority and of his Kingdom against the personall commands of the King opposed thereunto though accompanied with his presence is levying war against the King it is very far from the sense of that Statute and so much the Statute it self speaks besides the authority of Book-causes Presidents of divers Traitours condemned upon that interpretation thereof For if the Clause of levying of war had been meant onely against the Kings person what need had there been thereof after the other branch of Treason in the same Statute of compassing the Kings death which would necessarily have implyed this and because the former clause doth imply this it seems not at all to be intended in this latter branch but onely the levying of war against the King that is against his Laws and Authority but in the maintenance thereof is no levying of war against the King but for him Here is then our case In a time of so many successive plots and designs of force against the Parliament and Kingdom in a time of probable invasion from abroad and that to begin at Hull and to take the opportunity of seizing upon so great a Magazine there In a time of so great distance and alienations of his Majesties affections from his Parliament and in them from his Kingdom which they represent by the wicked suggestions of a few Malignant persons by whose mischievous counsels he is wholly led away from his Parliament and their faithfull advices and counsels In such a time the Lords and Commoos in Parliament command Sir John Hotham to draw in some of the trained Bands of the parts adjacent to the Town of Hull for the securink of that Town and Magazine for the service of his Majesty and of the Kingdom of the safety whereof there is a higher trust reposed in them then any where else and they are the proper judges of the danger thereof This town and Magazine being sntrusted to Sir Iohn Hotham with evpresse order not to deliver them up but by the Lings authority signifieth by both Houses of Parliament his Majestie contrnry to the advice and direction of both Houses of Parliament without the authority of any Court or of any legall way wherein the Law appoints the King to speake and command accompanied with the same evill Councell about him that he had before by a verball command repuires Sir Iohn Hotham to admit him into the Towne that he might dispose of it and of the Magazine there according to his owne or rather according ao the dleasure of those evill Counsellours which are still in so much credit about him in like manner as the Lord Dygby hath continuall recourse unto and continuanne from the Queens Majesty ie Holland by which means he hath oppertunity still to communicate hss trayterous suggestions and concieptions to bosh their Majesties such as those wos concerning his Majesties retiring to a place of strength and declaring himself and his own advancing of his Maiesties service in such a way beyond the seas and after that resorting to his Majesty in such a place of strength and divers other things of tna nature eontained in his letter to the Queens Majesty and to Sir Lewes Dsves a person that had not the least part in this late businesse of Hull and was presently dispatcht away into Holland soone after his Majestys returne from Hull for what purpose we leave the world to judge Upon the refusall of Sit Iohn Hotham to admit his Majestie into Hull presently without any due processe of Law before His Majestie had sent up the norration of his fact to the Parliament he was proclaimed Traitour and yet it is said that therein there was no violalation of the Subjects right nor any breach of the law nor of the priviledge of Parliament though Sir John Hotham be a Member of the House of Commons And that his Majestie must have better reason then bare