pared dexterously beforehand and in confidence, he would have 1642 conformed to the King's pleasure; for he was master of a noble fortune in land, and rich in money, of a very ancient family and well allied; his affections to the government very good, and no man less desired to see the nation involved in a civil war than he: and when he accepted this employment from the Parliament he never imagined it would engage him in rebellion, but believed that the King would find it necessary to comply with the advice of his two Houses, and that the preserving that magazine from being possessed by him would likewise prevent any possible rupture into arms. He was now in great confusion; and calling some of the chief magistrates and other officers together to consult, they persuaded him not to suffer the King to enter into the town. And his majesty coming within an hour after his messenger, found the gates shut, and the bridges drawn, and the walls manned, all things being in a readiness for the reception of an enemy, sir John Hotham himself from the walls, with several professions of duty and many expressions of fear, telling his majesty that 'he durst not open the gates, being trusted by the Parliament.' The King told him that 'he believed he had no order from the Parliament to shut the gates against him, or to keep him out of the town.' He replied that 'his train was so great that if it were admitted he should not be able to give a good account of the town.' Whereupon the King offered to enter with twenty horse only, and that the rest should stay without. The which the other refusing, the King desired him to come to him, that he might confer with him, upon his princely word of safety and liberty to return.' And when he excused himself likewise from that, his majesty told him that 'as this act of his was unparlleled, so it would produce some notable effect; that it was not people. And though some persons of quality and estates, who had, from their prejudice to some particular bishops, contracted a dislike and displeasure against the Church itself, and the religion established, followed their party, yet the number of them was not great, and their credit only with some factious preachers and those poor people who were corrupted by them, and even of those there were few that imagined they should be engaged in a war to compass their desires.' 1642 possible for him to sit down by such an indignity, but that he would immediately proclaim him traitor, and proceed against him as such; that this disobedience of his would probably bring many miseries upon the kingdom, and much loss of blood, all which might be prevented if he performed the duty of a subject; and therefore advised him to think sadly of it, and to prevent the necessary growth of so many calamities, which must lie all upon his conscience.' The gentleman, with much distraction in his looks, talked confusedly of 'the trust he had from the Parliament;' then fell on his knees, and wished that 'God would bring confusion upon him and his, if he were not a loyal and faithful subject to his majesty;' but, in conclusion, plainly denied to suffer his majesty to come into the town. Whereupon the King caused him immediately to be proclaimed a traitor, which the other received with some expressions of undutifulness and contempt. And so the King, after the duke of York and prince Elector, with their retinue, were come out of the town, where they were kept some hours, was forced to retire that night to Beverly, four miles from that place; and so the next day returned to York, full of trouble and indignation for the affront he had received, which he foresaw would produce a world of mischief. 92. The King sent an express to the two Houses, with a message declaring what had passed, and that sir John Hotham had justified his treason and disloyalty by pretence of an order and trust from them, which as he could not produce, so hist majesty was confident they would not own, but would be highly sensible of the scandal he had laid upon them, as well as of his disloyalty to his majesty. And therefore he demanded justice of them against him according to law. The Houses had heard before of the King's going out of York thither, and were in terrible apprehension that he had possessed himself of the town, and that sir John Hotham, (for they were not confident of him as of a man of their own faith,) by promises or menaces had given up the place to him, and with this apprehension they were exceedingly dejected: but when they heard the truth, and found that Hull was still in their hands, they were equally exalted, magnifying their trusty governor's faith and fidelity against the King. April 24. 93. In the mean time, the gentlemen of the North expressed 1642 a marvellous sense and passion on his majesty's behalf, and offered to raise the force of the county to take the town by force. But the King chose, for many reasons, to send again to April 28. the Houses another message, in which he told them that 'He was so much concerned in the undutiful affront (an indignity all his good subjects must disdain in his behalf) he had received from sir John Hotham at Hull, that he was impatient till he received justice from them, and was compelled to call again for an answer; being confident, however they had been so careful, though without his consent, to put a garrison into that his town, to secure it and his magazine against any attempt of the Papists, that they never intended to dispose and maintain it against him their sovereign. Therefore he required them forthwith (for the business would admit no delay) that they took some speedy course that his said town and magazine might be immediately delivered up unto him; and that such severe exemplary proceedings should be against those persons who had offered that insupportable affront and injury to him as by the law was provided; and till that should be done he would intend no business whatsoever, other than the business of Ireland. For,' he said, 'if he were brought into a condition so much worse than any of his subjects, that, whilst they all enjoyed their privileges, and might not have their possessions disturbed or their titles questioned, he only might be spoiled, thrown out of his towns, and his goods taken from him, it was time to examine how he had lost those privileges, and to try all possible ways, by the help of God, the law of the land, and the affection of his good subjects, to recover them, and to vindicate himself from those injuries. And if he should miscarry therein, he should be the first prince of this kingdom that had done so, having no other end but to defend the true Protestant religion, the law of the land, and the liberty of the subject. And he desired God so to deal with him as he continued in those resolutions.' (read April 30.) 94. Instead of any answer to his majesty upon these two messages, or sadly considering how this breach might be made up, they immediately publish (together with a Declaration of their former jealousies of the Papists, of the malignant party, of the lord Digby's letter intercepted, of the earl of Newcastle's being sent thither, upon which they had first sent down a governor and put a garrison into Hull) several votes and April 28. resolutions, by which they declared that 95. 'Sir John Hotham had done nothing but in obedience to the command of both Houses of Parliament, and that the declaring of him a traitor, being a member of the House of Commons, was a high breach of the privilege of Parliament, and, being without due process of law, was against the liberty of the subject and against the law of the land.' 1642 96. And, hearing at the same time that a letter coming from Hull to them the night after the King's being there had been April 26. intercepted by some of his majesty's servants, they declared that all such intercepting of any letters sent to them was a high breach of the privilege of Parliament, which, by the laws of the kingdom and the Protestation, they were bound to defend with their lives and their fortunes, and to bring the violator thereof to condign punishment.' Then they ordered that the shriefs and justices of the peace of the counties of York and Lincoln, and all others his majesty's officers, should suppress all forces that should be raised or gathered together in those counties either to force the town of Hull or stop the passages to and from the same, or in any other way to disturb the peace of the kingdom. All which votes, orders, and declarations, being printed, and diligently dispersed throughout the kingdom before any address made to his majesty in answer May 4. of his messages, and coming to his view, the King published an answer to those votes and declarations, in which he said : 97. Since his gracious messages to both Houses of Parliament demanding justice for the high and unheard of affront offered unto him at the gates of Hull by sir John Hotham [were 1] not thought worthy of an answer, but that, instead thereof, they had thought fit by their printed votes to own and avow that unparalleled act 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 his proceedings there, to publish a Declaration concerning that business, as an appeal to the people, and as if their intercourse with his majesty and for his satisfaction were now to no more purpose; though he knew that course of theirs to be very unagreeable to the modesty and duty of former times, and unwarrantable by any precedents but what themselves had made, yet he was not unwilling to join issue with them in that way, and to let all the world know how necessary, just, and lawful all his proceedings had been in that point, and that the defence of those proceedings was the defence of the law of the land, of the liberty and property of the subject, and that by the same rule of justice which was now offered to him all the private interest and title of all his good subjects to all their lands and goods was confounded and destroyed.' He remembered them that Mr. Pim had said in his speech against the earl of Strafford, (which was published by order of the Commons' House,) “The law is the safeguard, the custody 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 he said, 'he would fain '['was,' MS.] be answered what title any subject of his kingdom had to his house or land 1642 that he had not to his town of Hull? or what right any subject had to his money, plate, or jewels, that his majesty had not to his magazine or munition there? If he had ever such a title,' he said, 'he would know when he lost 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 sense as he was a part of that Parliament; without him, and against his consent, the votes of either or both Houses together must not, could not, should not (if he could help it, for his subjects' sake as well as his own) forbid any thing that was enjoined by the law, or enjoin any thing that was forbidden by the law. But in any such alteration which might be for the peace and happiness of the kingdom, he had not [refused], should not refuse, to consent. And he doubted not but that all his good subjects would easily discern in what a miserable insecurity and confusion they must necessarily and inevitably be, if descents might be altered, purchases avoided, assurances and conveyances cancelled, the sovereign legal authority despised and resisted, by votes or orders of either or both Houses. And this,' he said, 'he was sure, was his case at Hull. And as it was his this day, by the same rule it might be theirs to-morrow. 98. Against any desperate design of the Papists, of which they discoursed so much, he had sufficiently expressed his zeal and intentions; and should be as forward to adventure his own life and fortune to oppose any such designs as the meanest subject in his kingdom. 99. For the malignant party,' he said, 'as the law had not to [his1] knowledge defined their condition, so neither House had presented them to his majesty under such a notion as he might well understand whom they intended; and he should therefore only inquire 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, had given themselves other rules to walk by, and so dispensed with their obedience to authority. Of those persons, as destructive to the commonwealth, he should take all possible caution. 100. Why any letters intercepted from the lord Digby, (wherein he mentioned a retreat to a place of safety,) should hinder him from visiting his own fort, and how he had opposed any ways of accommodation with his Parliament, and what ways and overtures had been offered in any way, or like any desire of such accommodation; or whether his message of the 20th of January last (so often in vain pressed by him,) had not sufficiently expressed his earnest desire of it,' he said, 'all the world should judge; neither was it in the power of any persons to incline him to take arms against his Parliament and his good subjects, and miserably to embroil the kingdom in civil wars. He had given sufficient evidence to the world how much his affections abhorred, and how much his heart did bleed at the apprehension of, a civil war. And,' he said, 'God and the world must judge, if his care and industry were [not 2] only to defend and protect the liberty of the subject, the law of the kingdom, his own just rights, (part of that 1 [' their,' MS.; 'our' in the Answer.] 2 [so in the Answer.] |