HIS MAJESTIES ANSWER TO The DECLARATION and VOTES of both Houses of Parliament concerning HULL, SENT May 4. 1642.

LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL. MDCXLII.


His Majesties Answer To the Declaration of both Houses of Parliament concerning 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 instead thereof they have thought fit 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 [Page 2]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 & Dutie of former times, and unwarrantable by any Precedents, but what themselves have made; yet We are 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 [Page 3]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, [Page 4]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 discern 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, [Page 5]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 onely enquire after, and 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 [Page 6]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 Vs 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 and Industry be onely to defend and protect The Li­bertie 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 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 rumour 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 [Page 8]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 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 Citie 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 In­tegritie, 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 [Page 9]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 Iohn Hotham of an Intention to deprive him of his life; as We know there was no such Intention in Vs, having given him all 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 villaine, who had nothing but malice, or designe to fright him from his due Obedience, to warrant him. And Sir Iohn 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 and Fort, then by yeelding Him that Obedience, which he owed by his Oathes of Allegiance and Supremacie, and the Protestation, and he well knew [Page 10]was due and warrantable by the Laws of the Land.

For the number of Our Attendants (though that could 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 bin given) that We offered to go into the Town with twenty Horse onely; Our whole Train being unarmed: And who­foever 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 is then Our Case (of which let all the world judge) We endeavoured to visit a Town and Fort of Our own, wherein Our own Magazin 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 [Page 11]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 proclaime 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 andeavour­ing 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) [Page 12]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 enjoyne? 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 [Page 13]doubted 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 11th 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.


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