and Estates are all in the keeping of the Law; without this "every Man hath alike Right to any thing. And he said, << he would fain be Anfwer'd what Title any Subject of his "Kingdom had to His House and Land, that He had not to " his Town of Hull? Or what right any Subject had to his Mo ney, Plate, or Jewels, that his Majefty had not to his Magazine, and Munition there? If he had ever fuch a Title, "he faid he would know, when he Loft it? And if that Magazine and Munition, bought with his own money, were ever His, when and how that Property went out of Him? "He very well knew the great and unlimited power of a "Parliament; but he knew as well, that it was only in that "fenfe, as He was a Part of that Parliament; without Him, "and against His confent, the Votes of either or both Hou❝fes together, muft not, could not, should not (if he could « help it, for the Subjects fake, as well as his own) forbid any "thing that was enjoyn'd by the Law, or enjoyn any thing "that was forbidden by the Law. But in any fuch alterati"on, which might be for the Peace, and Happiness of the "Kingdom, he had not, fhould not refufe, to confent. And "he doubted not, but that all his good Subjects would easily "difcern, in what a miferable Infecurity and Confufion, they "muft neceffarily and inevitably be, if Defcents might be al"ter'd; Purchases avoided; Affurances and Conveyances can"celled; the Soveraign Legal Authority despised, and refift"ed by Votes, or Orders of Either, or both Houses. And "this, he faid, he was fure, was his Cafe at Hull; and as it was His this day, by the fame Rule, it might be Theirs to "Morrow.

વ

"AGAINST any defperate Defign of the Papifts, of which "they difcourfed fo much, he had fufficiently expreffed his "Zeal, and Intentions; and should be as forward to adven"ture his own Life, and Fortune, to oppofe any fuch designs "as the meaneft Subject in his Kingdoms.

"FOR the Malignant Party, he faid, as the Law had not, "to his knowledge, defined their condition, fo neither Houfe "had Presented them to his Majefty, under fuch a Notion, "as he might well underftand, whom they intended; and he "fhould therefore only enquire after, and avoid the Malignant "Party, under the Character of Perfons difaffected to the "Peace, and Government of the Kingdom, and fuch who, "neglecting and defpifing the Law of the Land,had given them"felves other Rules to walk by, and fo difpenfed with their "Obedience to Authority; of those Perfons, as Destructive to the Common-wealth, he should take all poffible caution. "WHY any Letters intercepted from the Lord Digby "wherein He mention'd a retreat to a place of Safety, fhould

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hinder him from vifiting his own Fort, and how he had "oppofed any ways of Accommodation with his Parliament, "and what ways, and Overtures had been offer'd in any way, "or like any defire of fuch Accommodation; or whether his "Meffage of the twentieth of January laft, so often in vain

preffed by him, had not fufficiently expreffed his earnest de"fire of it, he faid, all the world fhould judge; neither was "it in the power of any Perfons to incline him to take Armes "against his Parliament, and his good Subjects, and mifer"ably to embroil the Kingdom in Civil Wars. He had given "fufficient Evidence to the world how much his Affections "abhorred, and how much his heart did bleed at, the appre"henfion of a Civil War. And, he faid, God and the World "muft judge, if his Care and Industry were not, only to de"fend and protect the Liberty of the Subject, the Law of the "Kingdom, his own juft Rights (part of that Law) and his "Honour much more precious than his Life: and if, in op"pofition to these, any Civil War fhould arife, upon Whose account the Blood, and Destruction that must follow, must "be caft: God, and his own Confcience, told him, that He « was clear.

"FOR Captain Leg's being fent heretofore to Hull, or for "the Earl of New-Caftle's being fent thither by his Warrant "and Authority, he faid, he had asked a queftion long ago, " in his Answer to both Houses concerning the Magazine at "Hull, which, he had caufe to think, was not eafy to be An"fwer'd; Why the general Rumour of the defign of Papists, in the Northern Parts, fhould not be thought fufficient "ground for his Majefty to put fuch a Perfon of Honour, "Fortune, and unblemished Reputation, as the Earl of NewСС Caffle was known to be, into a Town and Fort of his own, "where his own Magazine lay; and yet the fame Rumour "be warrant enough to commit the fame Town and Fort, "without his confent, to the hands of Sr John Hotham, with "fuch a power as was now too well known, and understood ? "How his refufal to have that Magazine remov'd, upon the "Petition of both Houfes, could give any advantage against "him, to have it taken from him, and whether it was a Re"fufal, all men would easily underftand, who read his An"fwer to that Petition; to which, it had yet not been thought "fit, to make any Reply.

FOR the Condition of thofe Perfons, who prefented the "Petition to him at York (whom that Declaration call'd, fome "few ill Affected Perfons about the City of York) to con"tinue the Magazine at Hull; he faid, he made no doubt, "but that Petition would appear to be attefted, both in Num"ber, and Weight, by Perfoas of Honour and Integrity, and

"much

" much more converfant with the Affections of the whole "Country, than most of thofe Petitions, which had been re"ceiv'd with fo much Confent, and Approbation. And for "the Prefumption of interpofing Their advice, his Majefty "the more wonder'd at that exception, when fuch encourage"ment had been given, and Thanks declar'd to Multitudes " of mean, unknown People, Apprentices, and Porters, who "had accompanied Petitions of very ftrange Natures.

"FOR the manner of his going to Hull, he faid, he had "clearly fet forth the fame, in his Meffage to both Houses " of that business; and for any Intelligence given to Sr John "Hotham of an intention to deprive Him of his Life, as he "knew there was no fuch intention in him, having given "him all poffible Affurance of the fame, at his being there, "fo he was confident, no fuch Intelligence was given, or if "it were, it was by fome Villain, who had nothing but Ma"lice, or Defign to fright him from his due Obedience; and "Sr John Hotham had all the reafon to affure himself, that "his Life would be in much more danger by refusing to ad

mit his King into his own Town and Fort, than by yield"ing him that Obedience, which he ow'd by his Oaths of "Allegiance and Supremacy, and the Proteftation, which he "knew was due and warrantable, by the Laws of the Land. "For the Number of his Attendants, though that could be "no Warrant for fuch a difobedience in a Subject, he faid, "it was well known (as his Majefty had expreffed in his "Meffage to both Houfes, to which Credit ought to have "been given) that he offer'd to go into the Town with " twenty Horfe only, his whole Train being Unarm'd; and "whofoever thought that too great an Attendance for his Majefty, and his two Sons, had fure an intention to bring "him to a meaner Retinue, than they would yet avow.

"HERE then, he faid, was his Cafe, of which all the "World fhould judge: his Majefty endeavour'd to visit a "Town, and Fort of his own, wherein his own Magazine "lay; a Subject, in defiance of him, fhuts the Gates against "him; with Armed Men refifts, denies, and opposes his Enсс trance; tells him, in plain terms, he should not come in. "He faid, he did not pretend to understand much Law, yet in "the point of Treafon, he had had much Learning taught him "this Parliament; and if the fenfe of the Statute of the 25th "Year of Edward the III. Chap. 2. were not very differing "from the Letter, Sr John Hotham's Act was no less than "plain High Treafon : and he had been contemptibly ftupid, "if he had after all thofe circumftances of grace and Favour then fhew'd to him, made any fcruple to proclaim him "Traitor. And whether he were fo, or no, if he would Vol. I. Part 2.

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"render himself, his Majefty would require no other Trial, "than that which the Law had appointed to every Subject, "and which he was confident he had not, in the leaft degree, "violated in thofe proceedings; no more than he had done "the Privilege of Parliament, by endeavouring, in a just way, "to challenge his Own unquestionable Privileges. So that, "in fuch a Cafe, the declaring him Traitor, being a Member "of the House of Commons, without procefs of Law, fhould "be a breach of Privilege of Parliament (of which he was "fure none extended to Treafon, Felony, or breach of Peace) "against the Liberty of the Subject, or against the Law of the "Land, he must have Other Reafons than bare Votes. He "faid, he would know if Sr John Hetham had, with the "Forces by which he kept him out of his Town of Hull, pur"fued him to the Gates of York, which he might as legally "have done, whether his Majefty must have stayed from "declaring him Traitor till Process of Law might have iffued "against him? Would Fears and Jealoufies difpense with ne"ceffary, and real Forms? And must his Majefty, when actual "War is levied upon him, obferve Forms which the Law it "felf doth not enjoyn? The Cafe, he faid, was truly ftated, "let all the World judge (unless the mere fitting of a Parlia"ment did fufpend all Laws, and his Majefty was the only "Perfon in England against whom Treafon could not be com"mitted) Where the fault was; and whatfoever course he "fhould be driven to for the Vindication of that his Privi"lege, and for the Recovery and Maintenance of his known "undoubted Rights, he doth promife, in the presence of "Almighty God, and as he hopes for his Bleffing in his Suc"cefs, that he would, to the utmoft of his power, defend and "maintain the true Proteftant profeffion, the Law of the "Land, the Liberty of the Subject, and the just Privilege, "and Freedom of Parliament.

"FOR the Order of Affiftance given to the Committee of "both Houfes, concerning their going to Hull, he faid, he "fhould fay no more, but that those Perfons, named in that cc Order, he prefum'd, would give no Commands, or his "good Subjects Obey other, than what were warranted "by the Law (how large and unlimited foever the Directions "are, or the Inftructions might be ) for to that Rule he "fhould apply his own Actions, and by it, require an Account from other men ; and that all his good Subjects might "the better know their duty in matters of this Nature, he "wifhed them carefully to peruse the Statute of the 11th "Year of King Henry VII. Ch. 1. He faid, he would con"clude with Mr Pym's own words: If the Prerogative of the "King overwhelm the Liberty of the People, it will be "turn'd

"turn'd to Tyranny; if Liberty undermine the Prerogatives <c it would grow into Anarchy, and fo into Confufion..

:

BESIDES their Declaration, Votes, and Orders in the juftification of Sr John Hotham, for his better Encouragement, and for a ground of his Son's refidence at Hull, in whom they had in truth a firmer Confidence than in the Father, they Order'd, "That if, by any Force or Accident, Sr John Ho"tham fhould lofe his Life, or Otherwife die in that Service; "that his Son fhould fucceed him in the Government; and having thus declared themfelves, they thought fit at laft to fend fome particular Answer to the King upon that business which they were the rather inclined to do, that under that pretence, they might fend down a Committee of their own to refide at York; whereby they might receive constant Animadverfions of what happen'd, and what was defign'd, and their Friends, and Dependents in that large. Populous, and Rich County, be the better confirm'd in their Affections, and Devotions to them; and, to that purpose, they fent down the Lord Howard of Eferigg, the Lord Fairfax, Sr Hugh Cholmly (a faft friend to St John Hotham) St Philip Stapleton, who had likewife married Hotham's Daughter, and Sr Harry Cholmly, who prefented their Answer in writing to his Majefty; the which, being of a Mould unufual, and a Dial.ct higher and rougher than even themselves had yet used, I have thought fit to infert in the fame words it was delivered; thus.

The moft bumble Anfwer of the Lords and Commons in Parliament to two Meffages from your Sacred Majefty concerning Sr John Hotham's refusal to give your Majesty entrance into the Town of Hull.

Imons to his

"YOUR Majefty may be pleased to understand, that We, The Answer ઃઃ your Great Council, finding manifold evidences of the of the Lords, and Com"wicked Counfels, and Practices of fome in near Truft, and Authority about You, to put the Kingdom into a Com- Majesty's "buftion, by drawing your Majefty into places of ftrength, two Meßages remote from your Parliament, and by exciting your People concerning "to Commotions, under pretence of Serving your Majefty Hull. "against your Parliament, left this Malignant Party, by the "advantage of the Town, and Magazine at Hull, fhould be "enabled to go through with their mitchievous Intentions "did, in difcharge of the great Truft that lies upon us, and "by that Power which in Cafes of this Nature refides in us, "Command the Town of Hull to be fecured by a Garrison of "the adjoyning Train'd-bands, under the Government of Sr "John Hotham; requiring him to keep the fame for the Se:"vice of your Majefty and the Kingdom: wherein We have

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