66 66 66 66 66 weighed the dishonour which would perpetually council, whose advice he always had, and would, "lie upon this kingdom, if full and speedy relief "with great regard and deliberation, weigh and were not despatched thither; his majesty could" consider: but he looked upon himself as neither "not think of a better way to discharge his duty" deprived of his understanding, or divested of any "to Almighty God, for the defence of the true right he had, if there were no parliament sitting. "protestant religion, or to manifest his affection to He said, he called them together by his own writ "his three kingdoms, for their preservation, than "and authority (without which they could not have by engaging his person in that expedition, as met) to give him faithful counsel about his great many of his royal progenitors had done, even in "affairs; but he resigned not up his own interest foreign parts, upon causes of less importance and " and freedom; he never subjected himself to their piety, with great honour to themselves, and "absolute determination; he had always weighed advantage to this kingdom. And therefore he "their counsels, as proceeding from a council inI expected at least thanks for such his inclination. "trusted by him; and when he had dissented from "For the danger to his person, he said, he con- "them, he had returned them the reasons, which "ceived it necessary, and worthy of a king, to ad- "had prevailed with his conscience and under"venture his life to preserve his kingdom; neither standing, with that candour, which a prince "could it be imagined, that he would sit still, and "should use towards his subjects; and that affec"suffer his kingdoms to be lost, and his good pro- "tion, which a father could express to his children. "testant subjects to be massacred, without expos- "What application had been used to rectify his ing his own person to the utmost hazard for "understanding by reasons, or what motives had "their relief and preservation; his life, when it was "been given to persuade his affections, he would "most pleasant, being nothing so precious to him, "leave all the world to judge. And then, he said, 66 as it was, and should be, to govern and preserve " he must tell them, howsoever a major part might "his people with honour and justice. "bind them in matter of opinion, he held himself (and he was sure the law and constitution of the kingdom had always held the same) as free to dissent, till his reason [was] convinced for the general good, as if they had delivered no opinion. "For his journey itself, he told them the circum"stances of their petition were such, as he knew "not well what answer to return, or whether he were best to give any; that part which pretended to carry reason with it did no way satisfy him; "the other, which was rather reprehension and menace, than advice, could not stagger him. His answer therefore was, that he should be very glad "He told them, he marvelled, that the adven- "to find the work of Ireland so easy as they seemed "turers, whose advantage was a principal motive "to think it; which did not so appear by any thing "(next the reasons before mentioned) to him," known to him, when he sent his message: and "should so much mistake his purpose; whose" "interest he conceived must be much improved by "the expedition he hoped, by God's blessing, to use in that service; that being the most pro"bable way for the speedy conquest of the rebels, "their lands were sufficiently secured by act of parliament. 66 66 66 "For any encouragement to the rebels, because" "of the reports they raised, he said, he could not "conceive, that the rebels were capable of a greater terror, than by the presence of their lawful king, " in the head of an army, to chastise them. Besides, "it would be an unspeakable advantage to them, if any report of theirs could hinder him from doing any thing, which were fit for him to do, if such report were not raised: that would quickly teach "them, in this jealous age, to prevent, by such reports, any other persons coming against them, "whom they had no mind should be employed. though he would never refuse, or be unwilling, to "venture his person for the good and safety of his people, he was not so weary of his life, as to "hazard it impertinently; and therefore, since they "seemed to have received advertisements of some "late and great successes in that kingdom, he "would stay some time to see the event of those, "He told them, he thought himself not kindly "and not pursue his resolution till he had given "used, that the addition of so few men to their" them a second notice: but, if he found the miser"levies (for a guard to his person in Ireland) "should be thought fit for their refusal; and much more, that having used so many cautions in that message, both in the smallness of the number; "in his having raised none, until their answer; in "their being to be raised only near the place of" shipping; in their being there to be armed, and "that not till they were ready to be shipped; in "the provision, by the oaths, that none of them "should be papists, (all which were sufficient "to destroy all grounds of jealousy of any force "intended by them in opposition to the parlia-" ment, or favour to any malignant party,) any suspicion should, notwithstanding, be grounded" upon it. "able condition of his poor subjects of that king"dom were not speedily relieved, he would, with "God's assistance, visit them with succours as his particular credit and interest could supply him " with, if they refused to join with him. And he doubted not but the levies he should make (in "which he would observe punctually the former, " and all other cautions, as might best prevent all "fears and jealousies; and to use no power but "what was legal) would be so much to the satis"faction of his subjects, as no person would dare presume to resist his commands; and if they "should, at their peril [be it]. In the mean time, he hoped his forwardness, so remarkable to that "service, should be notorious to all the world; and that all scandals, laid on him in that business, "should be clearly wiped away. Neither, he said, could it be understood, that," "when he recommended the managing of that war "to them, that he intended to exclude himself, or "not to be concerned in their counsels, that if he "found any expedient, (which, in his conscience "and understanding, he thought necessary for that "great work,) he might not put it in practice. He "told them, he looked upon them as his great 66 "He told them, he had been so careful that his "journey into Ireland should not interrupt the proceedings of parliament, nor deprive his subjects "of any acts of justice, or further acts of grace, "for the real benefit of his people, that he had "made a free offer of leaving such power behind, should not only be necessary for the peace and | safety of the kingdom, but fully provide for the happy progress of the parliament: and therefore he could not but wonder, since such power had "been always left here, by commission, for the "government of this kingdom, when his progeni"tors had been out of the same, during the sitting "of parliaments; and since themselves desired that "such a power might be left here by his majesty, "at his last going into Scotland; what law of the "land they had now found to dispense with them "from submitting to such authority, legally de"rived from him, in his absence; and to enable them to govern the kingdom by their own mere authority. "For his return to London, he said, he had given them so full answers in his late declaration, "and answers that he knew not what to add, if they would not provide for his security with "them, nor agree to remove to another place, "where there might not be the same danger to his majesty. He told them, he expected, that (since "he had been so particular in the causes and grounds of his fears) they should have sent him word, that they had published such declarations against future tumults and unlawful assemblies, " and taken such courses for the suppressing sedi"tious pamphlets and sermons, that his fears of "that kind might be laid aside, before they should press his return. "To conclude, he told them, he could wish, that they would, with the same strictness and severity, weigh and examine their messages and expres"sions to him, as they did those they received from "him. For he was very confident, that if they "examined his rights and privileges, by what his predecessors had enjoyed; and their own ad"dresses, by the usual courses observed by their "ancestors; they would find many expressions in "that petition, warranted only by their own authority; which indeed he forbore to take notice of, or to give answer to, lest he should be tempted, in a just indignation, to express a greater passion, than he was yet willing to put on. God in his good time, he hoped, would so "inform the hearts of all his subjects, that he "should recover from the mischief and danger of "that distemper; on whose good pleasure, he "said, he would wait with all patience and hu"mility." been executed, and the king [had] taken a fit council and retinue about him, it would at that time have been no hard matter speedily to have reduced Ireland; and, by the reputation and authority of that, the other two kingdoms might have been contained within their proper bounds. But, as it fell out, the overture proved disadvantageous to the king, and gave the other party new cause of triumph, that they had plainly threatened him out of what he pretended to have firmly resolved to do; which disadvantage was improved by the other proposition, that attended it, concerning the militia. For the bill, sent by the king upon that argument, brought the business again into debate; and, though nothing was concluded upon it, the king was a loser by the proposition, though not so much as he feared he should have been, when he saw his journey into Ireland desperate; upon the supposition of which, he had only made that tender. The bill sent by the king, and preferred to the house of peers, by the attorney general, granted the militia, for one year, to the persons first nominated by the houses in their ordinance to his majesty; and made those persons, in the execution of that trust, subject to the authority of his majesty and the two houses jointly, whilst his majesty was within the kingdom; and, in his absence, of the two houses only. What alterations and amendments they made in it before they returned it again for the royal assent, will best appear by the king's answer, which he sent to them at the time of his refusal to pass it; which was, "That he had, with great deliberation and pa"tience, weighed and considered (as it concerned "him much to weigh the consequences of every "law before he passed it) their bill lately sent to " him for the settling the militia; and though it "had not been usual to give any reason for the "refusal to pass any bill, it being absolutely in his power to pass, or not pass, any act sent to him, "if he conceived it prejudicial to himself, or incon"venient to his subjects, for whom he was trusted, " and must one day give an account; yet, in that "business of the militia, which, being misunder"stood amongst his good subjects, had been used "as an argument, as if he were not vigilant enough "for the public safety, and lest he should be 'thought less constant in his resolutions, and that "bill to be the same he had sent to them, he thought fit to give them, and all the world, par"ticular satisfaction, why he could not, ought not, "must not pass that bill, being the first public bill "he had refused this parliament: and therefore, " he told them, he must complain, that having expressed himself so clearly and particularly to "them in that point, they should press any thing upon him, which they could not but foresee that "he must refuse; except he departed from those "resolutions, grounded upon so much reason, he "had so earnestly before acquainted them with, "and against which they had not given one argu"ment to satisfy his judgment. And from this time the purpose was never resumed of his majesty's personal expedition into Ireland, and so they were freed from that apprehension. The truth is, that counsel for his majesty's journey into Ireland was very suddenly taken, and communicated to very few, without consideration of the objections, that would naturally arise against it; and was rather resolved as a probable stratagem, to compose the two houses to a better temper and sobriety, upon the apprehension of the king's absence from them, and the inconveniences that might thence ensue, than sufficiently considered and digested for execution. For none were more violent against it than they who served the king most faithfully in the houses; who, in the king's absence, and after such a grant of the militia, as was then offered, looked upon themselves as sacrificed to the pride and fury of those, whose inclinations and temper had begot the confusions they complained" of. But if it had been so duly weighed and consulted, and men so disposed, that it might have "He told them, he was pleased they had declined "the unwarrantable course of their ordinance, (to "the which, he was confident, his good subjects "would never have yielded their consent,) and "chosen that only right way of imposing upon the people, which he would have allowed but for the reasons following: "He said, he had refused to consent to their ordinance, as for other things, so for that the power was put into the persons nominated therein by direction of both houses of parliament, excluding his majesty from any power in the disposition or execution of it together with them: "he had then advised them, for many reasons, "that a bill should be prepared; and after, in his answer of the 26th of March to the petition of "both houses, he had told them, if such a bill "should be prepared with that due regard to his majesty, and care of his people, in the limitation "of the power, and other circumstances, he should "recede from nothing he formerly expressed. 66 66 66 66 66 66 66 "How they would value his sovereignty? And "He remembered them, that he had passed a "bill this parliament, at their entreaty, concerning "the captives of Algiers, and waved many objec"tions of his own to the contrary, upon informa"tion that the business had been many months "considered by them; whether it proved suitable "to their intentions, or whether they had not, by some private orders, suspended that act of par"liament upon view of the mistakes, themselves "best knew; as likewise, what other alterations they had made upon other bills, passed this ses❝sion. He told them, he could not pass over "the putting their names out of that bill, whom "before they had recommended to him in their "ordinance, not thinking fit, it seemed, to trust "those who would obey no guide but the law of "the land, (he imagined they would not wish he "should in his estimation of others follow that their rule,) and the leaving out, by special pro"vision, the present lord mayor of London, as a person in their disfavour; whereas, he said, he "must tell them, his demeanour had been such, "that the city, and the whole kingdom, was beholding to him for his example. "What passed (enough to have discouraged "him from being further solicitous in that argument) after his full and gracious answers, he was content to forget. When he resolved [on] "his journey into Ireland, so that, by reason of “his absence, there might be no want of settling "that power; besides complying with their fears, "he sent, together with a message of that his purpose, a bill for the settling the power for a year; hoping in that time to return to them, and being sure that, in much less time, they might do the business, for which at first they seemed to desire 66 this; which was, that they might securely con"sider his message of the 20th of January last. By that bill, which he sent, he consented to "those names they proposed in their ordinance, "and in the limitation of the power; provided, "that himself should not be able to execute any thing but by their advice; and, when he should "be out of the kingdom, the sole execution to be "in them; with many other things, of so arbitrary" "and uncircumscribed a power, that he should "not have consented to, but with reference to the "absence of his own person out of the kingdom; "and thought it the more sufferable, in respect "the time was but for a year. Whether that bill, they had sent to him to pass, were the same, "the world would judge. "To conclude, he said, he did not find himself possessed of such an excess of power, that it "He said, they had, by that bill tendered to his was fit to transfer, or consent it should be in majesty, without taking notice of him, put the "other persons, as was directed by that bill; and power of the whole kingdom, the life and liber- "therefore he should rely upon that royal right "ties of the subjects of all degrees and qualities, "and jurisdiction, which God and the law had "into the hands of particular men, for two years. given him, for the suppressing of rebellion, and "He asked them, if they could imagire he would resisting foreign invasion; which had preserved "trust such an absolute power in the hands of "the kingdom in the time of all his ancestors, particular persons, which he had refused to com- "and which he doubted not but he should be "mit to both houses of parliament? Nay, if the "able to execute. And, not more for his own power itself were not too absolute, too unlimited," honour and right, than for the liberty and safety to be committed into any private hands? Whe-" of his people, he could not consent to pass that "ther sir John Hotham's high insolence shewed "bill." "him not, what he might expect from an ex"orbitant legal power, when he, by a power not "warranted by law, durst venture upon a treason"able disobedience? But his majesty would willingly know, and indeed such an account in ordinary civility, he said, he might have expected, why he was, by that act, absolutely excluded "from any power, or authority, in the execution "of the militia. He said, sure their fears and jealousies were not of such a nature, as were capable of no other remedy, than by leaving him no power in a point of the greatest importance; "in which God, and the law, had trusted him solely, and which he had been contented to share "with them by his own bill, by putting it, and a greater, into the hands of particular subjects. "He asked them, what all Christian princes would "think of him after he had passed such a bill? Though no sober man could deny the reasonableness of that answer, and that there was indeed so great a difference between the bill sent by his majesty, and that presented to him from the two houses, that it could not soberly be imagined he would consent to it; yet, it had been better for his majesty, that that overture had never been made; it giving new life, spirit, and hopes to them; and they making the people believe (who understood not the difference, and knew not that the king's pleasure, signified by both houses of parliament, was the pleasure of both houses without the king) that his majesty now refused to consent to what himself had offered and proposed; whilst his own party (for so those began now to be called, who preserved their duty and allegiance entire) was as much troubled to find so sovereign a power of the crown offered to be parted with to the two houses, as was tendered to them by the king's own bill; and that it was possible for his majesty to recede from his firmest resolves, even in a point that would not naturally admit of the least division or diminution. The king, being well pleased that he had gone through one of his resolutions, and not much troubled at the anger and trouble it had produced, and finding his court full of persons of quality of the country, who made all expressions of affection and duty, which they thought would be most acceptable to him, he resolved to undertake another enterprise, which was of more importance, and which in truth was the sole motive of his journey into those parts. The great magazine of arms and ammunition, which was left upon the disbanding the army, remained still at Hull, and was a nobler proportion than remained in the Tower of London, or all other his majesty's stores; and there had been formerly a purpose to have secured the same by the earl of Newcastle's presence there, which had been disappointed, as hath been before mentioned, and sir John Hotham sent thither to look to it; who was now there only with one of the companies of the trained bands: and so the king resolved that he would himself make a journey thither, with his own usual train; and being there, that he would stay there, till he had secured the place to him. This was his purpose; which he concealed to that degree, that very few about him knew any thing of it. morning early, the king took horse from York; and, attended with two or three hundred of his servants, and gentlemen of the country, rode thither; and, when he came within a mile of the town, sent a gentleman to sir John Hotham, "to "let him know that the king would that day dine "with him;" with which he was strangely surprised, or seemed to be so. It was then reported, and was afterwards averred by himself to some friends, that he had received the night before advertisement, from a person very near to, and very much trusted by his majesty, of the king's purpose of coming thither, and that there was a resolution of hanging him, or cutting his throat as soon as he was in the town. The man was of a fearful nature, and perplexed understanding, and could better resolve upon deliberation than on a sudden; and many were of opinion, that if he had been prepared dexterously beforehand, and in confidence, he would have 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 66 As soon as it was known that his majesty meant to reside in York, it was easily suspected, that he had an eye upon the magazine; and therefore they made an order in both houses, "That the maga"zine should be removed from Hull to the Tower;" and ships were making ready for the transportation; so that his majesty could no longer defer the execution of what he designed. And, being persuaded, by some who believed themselves, that, if he went thither, it would neither be in sir John Hotham's will, or his power, to keep him out of that town; and that, being possessed of so considerable a port, and of the magazine there, (which the houses had ordered to be speedily sent to London,) he should find a better temper towards a modest and dutiful treaty; his majesty took the opportunity of a petition presented to him by the gentlemen of Yorkshire, (who in truth were much troubled at the order for removing the magazine from Hull; and were ready to appear in any thing for his service,) by which " they desired him to "cast his eyes and thoughts upon the safety of his own person, and his princely issue, and that whole county; a great means whereof, they said, "did consist in the arms and ammunition at Hull, placed there by his princely care and charge; and since, upon general apprehensions of dangers "from foreign parts, thought fit to be continued: " and they did very earnestly beseech him, that he "would take such course, that it might still remain there, for the better securing those, and the rest of the northern parts." Hereupon he resolved to go thither himself; and, the night before, he" sent his son the duke of York, who was lately arrived from Richmond, accompanied with the prince elector, thither, with some other persons of honour; who knew no more, than that it was a journey given to the pleasure and curiosity of the duke. Sir John Hotham received them with that duty and civility that became him. The next 66 66 66 66 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 unparalleled, so it would produce some notable "effect; that it was not 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 66 66 " and his goods taken from him, it was time to ex"amine 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 there"in, he should be the first prince of this kingdom " that had done so, having no other end but to de"fend the true protestant religion, the law of the "land, and the liberty of the subject; and he de"sired God so to deal with him, as he continued "trust he had from the parliament;" then fell on his 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 resolutions, by which they declared, 66 "That 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 com"mons, 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." 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, "his 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 de"manded 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 And hearing at the same time, that a letter, were not confident of him, as of a man of their own coming from Hull to them the night after the faith,) by promises or menaces, had given up the king's being there, had been intercepted by some place to him; and, with this apprehension, they of his majesty's servants, they declared, "that all were exceedingly dejected: but when they heard "such intercepting of any letters sent to them, the truth, and found that Hull was still in their" was a high breach of the privilege of parliament, hands, they were equally exalted, magnifying their trusty governor's faith, and fidelity against the king. In the mean time, the gentlemen of the north expressed 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 the houses another message, in which he told them, 66 66 "which by the laws of the kingdom, and the pro"testation, they were bound to defend with their lives, and their fortunes, and to bring the vio"lator thereof to condign punishment." Then they ordered, that the sheriffs 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 of his messages, and coming to his view, the king published an answer to those votes and declarations, in which he said: "That he was so much concerned in the un"dutiful 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 66 brought into a condition so much worse than 66 any of his subjects, that, whilst they all enjoyed "their privileges, and might not have their pos"sessions disturbed, or their titles questioned, he only might be spoiled, thrown out of his towns, 66 66 "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, was 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 pro"duce no such command,) and, with other resolu"tions against his proceedings there, to publish a " declaration concerning that business, as an appeal "to the people, and as if their intercourse with his 66 majesty, and for his satisfaction, were now to no 66 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, 66 |